Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 1716
Barcode 951118
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/02/2013 .
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The Committee on Community Affairs (Soto) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 26 - 81
4 and insert:
5 transportation concurrency within its jurisdiction and may not
6 require a proportionate-share contribution or construction for
7 new business development before July 1, 2016, unless authorized
8 by the affirmative majority vote of the local government’s
9 governing authority.
10 (b) Paragraph (a) does not apply to proportionate-share
11 contribution or construction assessed on existing developments
12 before July 1, 2013.
13 (c) In order to maintain the exemption from transportation
14 concurrency and proportionate-share contribution or construction
15 pursuant to paragraph (a), a new business development must
16 receive a certificate of occupancy by July 1, 2017. If the
17 certificate of occupancy is not received by July 1, 2017, the
18 local government may apply transportation concurrency and
19 require the appropriate proportionate-share contribution or
20 construction for the business development that would have been
21 applied but for this subsection. The new business development
22 must consist of 6,000 square feet or less for anything
23 classified as other than nonresidential. Any outstanding
24 obligation related to the proportionate-share contribution or
25 construction runs with the land and is enforceable against any
26 person claiming a fee interest in the land subject to that
27 obligation.
28 (d) This subsection does not apply if it requires any
29 modification to a local government’s financing that would
30 invalidate existing contracts, including debt obligations or
31 covenants and agreements relating to bonds validated or issued
32 by the local government.
33 (e) Upon written notification to the local government, a
34 developer may elect to have the local government apply
35 transportation concurrency and proportionate-share contribution
36 or construction to a business development.
37 (f) This subsection expires July 1, 2017.
38 Section 2. Subsection (6) is added to section 163.31801,
39 Florida Statutes, to read:
40 163.31801 Impact fees; short title; intent; definitions;
41 ordinances levying impact fees.—
42 (6)(a) Notwithstanding any provision of law, ordinance, or
43 resolution to the contrary, a county, municipality, or special
44 district may not impose any new or existing impact fee or any
45 new or existing fee associated with the mitigation of
46 transportation impacts on new business development until July 1,
47 2016, unless authorized by the affirmative majority vote of the
48 governing authority of the county, municipality, or special
49 district. Any governing authority of a local government imposing
50 an impact fee in existence on July 1, 2012, must reauthorize the
51 imposition of the fee pursuant to this paragraph.
52 (b) Paragraph (a) does not apply to any impact fee or fee
53 associated with the mitigation of transportation impacts
54 previously enacted by law, ordinance, or resolution assessed on
55 existing business development before July 1, 2013.
56 (c) In order to maintain the exemption from impact fees and
57 fees associated with the mitigation of transportation impacts
58 pursuant to paragraph (a), a new business development must
59 receive a
60
61 ================= T I T L E A M E N D M E N T ================
62 And the title is amended as follows:
63 Delete lines 4 - 6
64 and insert:
65 applying transportation concurrency or requiring
66 proportionate-share contribution or construction for
67 new business development for a specified