Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 770
       
       
       
       
       
       
                                Barcode 888200                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/25/2013 01:39 PM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 13
    4  insert:
    5         Section 1. Subsection (7) is added to section 163.3180,
    6  Florida Statutes, to read:
    7         163.3180 Concurrency.—
    8         (7)(a) Notwithstanding any provision of law, ordinance, or
    9  resolution to the contrary, a local government may not apply
   10  transportation concurrency within its jurisdiction and may not
   11  require a proportionate-share contribution or construction for
   12  new business development before July 1, 2016, unless authorized
   13  by the affirmative majority vote of the local government’s
   14  governing authority.
   15         (b) Paragraph (a) does not apply to proportionate-share
   16  contribution or construction assessed on existing developments
   17  before July 1, 2013.
   18         (c) In order to maintain the exemption from transportation
   19  concurrency and proportionate-share contribution or construction
   20  pursuant to paragraph (a), a new business development must
   21  receive a certificate of occupancy by July 1, 2017. If the
   22  certificate of occupancy is not received by July 1, 2017, the
   23  local government may apply transportation concurrency and
   24  require the appropriate proportionate-share contribution or
   25  construction for the business development that would have been
   26  applied but for this subsection. The new business development
   27  must consist of 6,000 square feet or less for anything
   28  classified as other than residential. Any outstanding obligation
   29  related to the proportionate-share contribution or construction
   30  runs with the land and is enforceable against any person
   31  claiming a fee interest in the land subject to that obligation.
   32         (d) This subsection does not apply if it results in a
   33  reduction of previously pledged revenue of a local government
   34  body for currently outstanding bonds or notes or to a local
   35  government with a mobility fee-based funding system in place on
   36  or before January 1, 2013.
   37         (e) Upon written notification to the local government, a
   38  developer may elect to have the local government apply
   39  transportation concurrency and proportionate-share contribution
   40  or construction to a business development.
   41         (f) This subsection expires July 1, 2017.
   42         Section 2. Subsection (6) is added to section 163.31801,
   43  Florida Statutes, to read:
   44         163.31801 Impact fees; short title; intent; definitions;
   45  ordinances levying impact fees.—
   46         (6)(a) Notwithstanding any provision of law, ordinance, or
   47  resolution to the contrary, a county, municipality, or special
   48  district may not impose any new or existing impact fee or any
   49  new or existing fee associated with the mitigation of
   50  transportation impacts on new business development until July 1,
   51  2016, unless authorized by the affirmative majority vote of the
   52  governing authority of the county, municipality, or special
   53  district. Any governing authority of a local government imposing
   54  an impact fee in existence on July 1, 2012, must reauthorize the
   55  imposition of the fee pursuant to this paragraph.
   56         (b) Paragraph (a) does not apply to any impact fee or fee
   57  associated with the mitigation of transportation impacts
   58  previously enacted by law, ordinance, or resolution assessed on
   59  existing business development before July 1, 2013. The
   60  prohibition of fees in paragraph (a) applies only to new
   61  business developments that do not exceed 6,000 square feet in
   62  size.
   63         (c) In order to maintain the exemption from impact fees and
   64  fees associated with the mitigation of transportation impacts
   65  pursuant to paragraph (a), a new business development must
   66  receive a certificate of occupancy by July 1, 2017. If the
   67  certificate of occupancy is not received by July 1, 2017, the
   68  county, municipality, or special district may impose the
   69  appropriate impact fees and fees associated with the mitigation
   70  of transportation impacts on the development that would have
   71  been applied but for this subsection. Any outstanding obligation
   72  related to impact fees and fees associated with the mitigation
   73  of transportation impacts on the development runs with the land
   74  and is enforceable against any person claiming a fee interest in
   75  the land subject to that obligation.
   76         (d) This subsection does not apply if it results in a
   77  reduction of previously pledged revenue of a local government
   78  body for currently outstanding bonds or notes or to a local
   79  government with a mobility fee-based funding system in place on
   80  or before January 1, 2013.
   81         (e) Upon notification to the county, municipality, or
   82  special district, a developer may elect to have impact fees and
   83  fees associated with the mitigation of transportation impacts
   84  imposed on a development.
   85         (f) This subsection expires July 1, 2017.
   86  
   87  ================= T I T L E  A M E N D M E N T ================
   88         And the title is amended as follows:
   89         Delete line 2
   90  and insert:
   91         An act relating to community development; amending s.
   92         163.3180, F.S.; prohibiting a local government from
   93         applying transportation concurrency or from requiring
   94         proportionate-share contribution or construction for
   95         new business development before a specified date;
   96         providing an exception; providing for an extension of
   97         the prohibition under certain conditions; providing
   98         for applicability; providing for future expiration;
   99         amending s. 163.31801, F.S.; prohibiting certain
  100         counties, municipalities, and special districts from
  101         imposing certain new or existing impact fees until a
  102         specified date; providing an exception; providing for
  103         an extension of the prohibition under certain
  104         conditions; providing for applicability; providing for
  105         future expiration;