Florida Senate - 2013 CS for SB 1716 By the Committee on Community Affairs; and Senator Garcia 578-03425-13 20131716c1 1 A bill to be entitled 2 An act relating to growth management; amending s. 3 163.3180, F.S.; prohibiting a local government from 4 applying transportation concurrency or requiring 5 proportionate-share contribution or construction for 6 new business development for a specified period; 7 providing an exception; providing for an extension of 8 the prohibition under certain conditions; providing 9 for applicability; providing for future expiration; 10 amending s. 163.31801, F.S.; prohibiting certain 11 counties, municipalities, and special districts from 12 imposing certain new or existing impact fees for a 13 specified period; providing an exception; providing 14 for an extension of the prohibition under certain 15 conditions; providing for applicability; providing for 16 future expiration; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (7) is added to section 163.3180, 21 Florida Statutes, to read: 22 163.3180 Concurrency.— 23 (7)(a) Notwithstanding any provision of law, ordinance, or 24 resolution to the contrary, a local government may not apply 25 transportation concurrency within its jurisdiction and may not 26 require a proportionate-share contribution or construction for 27 new business development before July 1, 2016, unless authorized 28 by the affirmative majority vote of the local government’s 29 governing authority. 30 (b) Paragraph (a) does not apply to proportionate-share 31 contribution or construction assessed on existing developments 32 before July 1, 2013. 33 (c) In order to maintain the exemption from transportation 34 concurrency and proportionate-share contribution or construction 35 pursuant to paragraph (a), a new business development must 36 receive a certificate of occupancy by July 1, 2017. If the 37 certificate of occupancy is not received by July 1, 2017, the 38 local government may apply transportation concurrency and 39 require the appropriate proportionate-share contribution or 40 construction for the business development that would have been 41 applied but for this subsection. The new business development 42 must consist of 6,000 square feet or less for anything 43 classified as other than nonresidential. Any outstanding 44 obligation related to the proportionate-share contribution or 45 construction runs with the land and is enforceable against any 46 person claiming a fee interest in the land subject to that 47 obligation. 48 (d) This subsection does not apply if it requires any 49 modification to a local government’s financing that would 50 invalidate existing contracts, including debt obligations or 51 covenants and agreements relating to bonds validated or issued 52 by the local government. 53 (e) Upon written notification to the local government, a 54 developer may elect to have the local government apply 55 transportation concurrency and proportionate-share contribution 56 or construction to a business development. 57 (f) This subsection expires July 1, 2017. 58 Section 2. Subsection (6) is added to section 163.31801, 59 Florida Statutes, to read: 60 163.31801 Impact fees; short title; intent; definitions; 61 ordinances levying impact fees.— 62 (6)(a) Notwithstanding any provision of law, ordinance, or 63 resolution to the contrary, a county, municipality, or special 64 district may not impose any new or existing impact fee or any 65 new or existing fee associated with the mitigation of 66 transportation impacts on new business development until July 1, 67 2016, unless authorized by the affirmative majority vote of the 68 governing authority of the county, municipality, or special 69 district. Any governing authority of a local government imposing 70 an impact fee in existence on July 1, 2012, must reauthorize the 71 imposition of the fee pursuant to this paragraph. 72 (b) Paragraph (a) does not apply to any impact fee or fee 73 associated with the mitigation of transportation impacts 74 previously enacted by law, ordinance, or resolution assessed on 75 existing business development before July 1, 2013. 76 (c) In order to maintain the exemption from impact fees and 77 fees associated with the mitigation of transportation impacts 78 pursuant to paragraph (a), a new business development must 79 receive a certificate of occupancy by July 1, 2017. If the 80 certificate of occupancy is not received by July 1, 2017, the 81 county, municipality, or special district may impose the 82 appropriate impact fees and fees associated with the mitigation 83 of transportation impacts on the development that would have 84 been applied but for this subsection. Any outstanding obligation 85 related to impact fees and fees associated with the mitigation 86 of transportation impacts on the development runs with the land 87 and is enforceable against any person claiming a fee interest in 88 the land subject to that obligation. 89 (d) This subsection does not apply if it requires any 90 modification to the financing of a county, municipality, or 91 special district that would invalidate existing contracts, 92 including debt obligations or covenants and agreements relating 93 to bonds validated or issued by the county, municipality, or 94 special district. 95 (e) Upon notification to the county, municipality, or 96 special district, a developer may elect to have impact fees and 97 fees associated with the mitigation of transportation impacts 98 imposed on a development. 99 (f) This subsection expires July 1, 2017. 100 Section 3. This act shall take effect July 1, 2013.