September 26, 2020
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       Florida Senate - 2010                                    SB 1742
       
       
       
       By Senator Bennett
       
       
       
       
       21-00661-10                                           20101742__
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3180, F.S.; revising provisions relating to
    4         transportation concurrency requirements; requiring
    5         that a local government develop a plan and long-term
    6         schedule of capital improvements for an existing or
    7         previously approved development; revising provisions
    8         relating to calculating the proportionate-share
    9         contribution; defining the term “present value”;
   10         providing that any state or local transportation
   11         ordinance relating to concurrency does not apply to
   12         proposed developments within certain transportation
   13         concurrency exception areas; providing exceptions;
   14         authorizing a local government that is not designated
   15         as a dense urban area to impose the requirements of
   16         its ordinances on a development to offset the
   17         concurrency requirements of the development under
   18         certain circumstances; revising provisions relating to
   19         calculating the proportionate fair-share mitigation;
   20         requiring that a local government process a
   21         development’s application to completion even if the
   22         designated funds are insufficient; amending s.
   23         163.3182, F.S.; revising provisions relating to
   24         transportation concurrency backlog authorities;
   25         authorizing certain landowners or developers to
   26         request that a local government create a
   27         transportation concurrency backlog area for certain
   28         roadways; requiring that the local government
   29         designate the transportation concurrency backlog area
   30         if certain conditions are met; prohibiting a local
   31         government from requiring any payments for
   32         transportation concurrency beyond impact fees;
   33         providing an effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Paragraph (b) of subsection (9), subsection
   38  (12), and paragraph (d) of subsection (16) of section 163.3180,
   39  Florida Statutes, are amended, and paragraphs (j) and (k) are
   40  added to subsection (16) of that section, to read:
   41         163.3180 Concurrency.—
   42         (9)
   43         (b) If a local government has a transportation or school
   44  facility backlog for an existing or previously approved
   45  development which cannot be adequately addressed in a 10-year
   46  plan, the local government shall state land planning agency may
   47  allow it to develop a plan and long-term schedule of capital
   48  improvements covering up to 15 years for good and sufficient
   49  cause, based on a general comparison between that local
   50  government and all other similarly situated local jurisdictions,
   51  using the following factors:
   52         1. The extent of the backlog.
   53         2. For roads, whether the backlog is on local or state
   54  roads.
   55         3. The cost of eliminating the backlog.
   56         4. The local government’s tax and other revenue-raising
   57  efforts.
   58         (12)(a) A development of regional impact may satisfy the
   59  transportation concurrency requirements of the local
   60  comprehensive plan, the local government’s concurrency
   61  management system, and s. 380.06 by payment of a proportionate
   62  share contribution for local and regionally significant traffic
   63  impacts, if:
   64         1. The development of regional impact which, based on its
   65  location or mix of land uses, is designed to encourage
   66  pedestrian or other nonautomotive modes of transportation;
   67         2. The proportionate-share contribution for local and
   68  regionally significant traffic impacts is sufficient to pay for
   69  one or more required mobility improvements that will benefit a
   70  regionally significant transportation facility;
   71         3. The owner and developer of the development of regional
   72  impact pays or assures payment of the proportionate-share
   73  contribution; and
   74         4. If The regionally significant transportation facility to
   75  be constructed or improved is under the maintenance authority of
   76  a governmental entity, as defined by s. 334.03(12), other than
   77  the local government having with jurisdiction over the
   78  development of regional impact, and the developer is required to
   79  enter into a binding and legally enforceable commitment to
   80  transfer funds to the governmental entity having maintenance
   81  authority or to otherwise assure construction or improvement of
   82  the facility.
   83  
   84  The proportionate-share contribution may be applied to any
   85  transportation facility to satisfy the provisions of this
   86  subsection and the local comprehensive plan, but, for the
   87  purposes of this subsection, the amount of the proportionate
   88  share contribution shall be calculated based upon the cumulative
   89  number of trips from the proposed development expected to reach
   90  roadways during the peak hour from the complete buildout of a
   91  stage or phase being approved, divided by the change in the peak
   92  hour maximum service volume of roadways resulting from
   93  construction of an improvement necessary to maintain the adopted
   94  level of service, multiplied by the construction cost, at the
   95  time of developer payment, of the improvement necessary to
   96  maintain the adopted level of service. If the number of trips
   97  used to calculate the proportionate-share contribution includes
   98  trips from an earlier phase of the development, the
   99  determination of mitigation for the subsequent phase of
  100  development shall account for any mitigation required by the
  101  development order and provided by the developer for the earlier
  102  phase, calculated at present value. For purposes of this
  103  paragraph, the term “present value” means the fair market value
  104  of a right-of-way at the time of contribution and, if
  105  applicable, the actual dollar value of the construction
  106  improvements on the date of completion as adjusted by the
  107  Consumer Price Index. For purposes of this paragraph subsection,
  108  the term “construction cost” includes all associated costs of
  109  the improvement. Proportionate-share mitigation shall be limited
  110  to ensure that a development of regional impact meeting the
  111  requirements of this subsection mitigates its impact on the
  112  transportation system but is not responsible for the additional
  113  cost of reducing or eliminating backlogs. This subsection also
  114  applies to Florida Quality Developments pursuant to s. 380.061
  115  and to detailed specific area plans implementing optional sector
  116  plans pursuant to s. 163.3245.
  117         (b) Notwithstanding any other provision of general law,
  118  special act, local government ordinance, or charter, any state
  119  or local transportation ordinance relating to transportation
  120  concurrency does not apply to proposed developments within
  121  transportation concurrency exception areas designated by the
  122  Legislature during the 2009 regular legislative session pursuant
  123  to subsection (5). However, a local government is not prohibited
  124  from adopting mobility ordinances and imposing transportation
  125  fees consistent with state law in order to fulfill the
  126  requirements of local government plans for transportation
  127  facilities within designated transportation concurrency
  128  exception areas. The provisions of s. 163.3161 do not apply
  129  within transportation concurrency exception areas designated
  130  pursuant to subparagraphs (5)(b)1.-3.
  131         (c) A local government that is not designated as a dense
  132  urban area and that experiences transportation impacts resulting
  133  from a development within a transportation concurrency exception
  134  area that is under the jurisdiction of another local government,
  135  which is designated as a dense urban area, may impose the
  136  requirements of its ordinances on the development only for the
  137  purpose of collecting the appropriate fair-share or
  138  proportionate-share contribution and impact fees to offset the
  139  concurrency requirements of the development. However, the local
  140  government must have an interlocal agreement with the local
  141  government where the impacts arise which governs collection
  142  before imposing the requirements.
  143         (d)(b) As used in this subsection, the term “backlog” means
  144  a facility or facilities on which the adopted level-of-service
  145  standard is exceeded by the existing trips, plus additional
  146  projected background trips from any source other than the
  147  development project under review that are forecast by
  148  established traffic standards, including traffic modeling,
  149  consistent with the University of Florida Bureau of Economic and
  150  Business Research medium population projections. Additional
  151  projected background trips are to be coincident with the
  152  particular stage or phase of development under review.
  153         (16) It is the intent of the Legislature to provide a
  154  method by which the impacts of development on transportation
  155  facilities can be mitigated by the cooperative efforts of the
  156  public and private sectors. The methodology used to calculate
  157  proportionate fair-share mitigation under this section shall be
  158  as provided for in subsection (12).
  159         (d) This subsection does not require a local government to
  160  approve a development that is not otherwise qualified for
  161  approval pursuant to the applicable local comprehensive plan and
  162  land development regulations. However, the local government must
  163  process the development’s application to completion even if the
  164  designated funds identified within the adopted 5-year capital
  165  improvements element of the comprehensive plan and any
  166  proportionate-share or proportionate fair-share contribution of
  167  the development are insufficient to fully fund construction of a
  168  transportation improvement required by the local government’s
  169  concurrency management system. The local government may impose
  170  only those transportation funding requirements on a development
  171  which are equal to its proportionate-share or proportionate
  172  fair-share contribution and any required impact fees.
  173         (j) Notwithstanding any other provision of general law,
  174  special act, local government ordinance, or charter, any state
  175  or local transportation ordinance relating to concurrency does
  176  not apply to proposed developments within transportation
  177  concurrency exception areas designated by the Legislature during
  178  the 2009 regular legislative session pursuant to subsection (5).
  179  However, this paragraph does not prohibit a local government
  180  from adopting mobility ordinances and imposing transportation
  181  fees consistent with state law in order to fulfill the
  182  requirements of local government plans for transportation
  183  facilities within designated transportation concurrency
  184  exception areas. The provisions of s. 163.3161(7) do not apply
  185  within exception areas designated pursuant to subparagraphs
  186  (5)(b)1.-3.
  187         (k) A local government that is not designated as a dense
  188  urban area and that experiences transportation impacts resulting
  189  from a development within a transportation concurrency exception
  190  area that is under the jurisdiction of another local government,
  191  which is designated as a dense urban area, may impose the
  192  requirements of its ordinances on the development only for the
  193  purpose of collecting the appropriate fair-share or
  194  proportionate-share contribution and impact fees to offset the
  195  concurrency requirements of the development. However, the local
  196  government must have an interlocal agreement with the local
  197  government where the impacts arise which governs collection
  198  before imposing the requirements.
  199         Section 2. Subsection (2) of section 163.3182, Florida
  200  Statutes, is amended to read:
  201         163.3182 Transportation concurrency backlogs.—
  202         (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
  203  AUTHORITIES.—
  204         (a) A county or municipality may create a transportation
  205  concurrency backlog authority if it has an identified
  206  transportation concurrency backlog.
  207         (b) A landowner or developer within a large-scale
  208  development area of 500 cumulative acres or more may request
  209  that the local government create a transportation concurrency
  210  backlog area for roadways significantly affected by traffic
  211  impacts resulting from the development if those roadways are or
  212  will be backlogged as defined by s. 163.3180(12)(d) and (16)(i).
  213  The local government shall designate the transportation
  214  concurrency backlog area by ordinance if a development permit is
  215  issued or a comprehensive plan amendment is approved within the
  216  development area and the funding provided is sufficient to
  217  address one or more transportation capacity improvements
  218  necessary to satisfy the additional deficiencies coexisting or
  219  anticipated as a result of the new development. The
  220  transportation concurrency backlog area shall be used to satisfy
  221  all proportionate-share or proportionate fair-share
  222  transportation concurrency contributions of the development not
  223  otherwise satisfied by impact fees. The local government shall
  224  manage the area by acting as a transportation concurrency
  225  backlog authority. The applicable provisions of this section
  226  shall apply except that the tax increment shall be used to
  227  satisfy transportation concurrency requirements not otherwise
  228  satisfied by impact fees.
  229         (c)(b) Acting as the transportation concurrency backlog
  230  authority within the authority’s jurisdictional boundary, the
  231  governing body of a county or municipality shall adopt and
  232  implement a plan to eliminate all identified transportation
  233  concurrency backlogs within the authority’s jurisdiction using
  234  funds provided pursuant to subsection (5) and as otherwise
  235  provided pursuant to this section.
  236         (d)(c) The Legislature finds and declares that there exist
  237  in many counties and municipalities areas that have significant
  238  transportation deficiencies and inadequate transportation
  239  facilities; that many insufficiencies and inadequacies severely
  240  limit or prohibit the satisfaction of transportation concurrency
  241  standards; that the transportation insufficiencies and
  242  inadequacies affect the health, safety, and welfare of the
  243  residents of these counties and municipalities; that the
  244  transportation insufficiencies and inadequacies adversely affect
  245  economic development and growth of the tax base for the areas in
  246  which these insufficiencies and inadequacies exist; and that the
  247  elimination of transportation deficiencies and inadequacies and
  248  the satisfaction of transportation concurrency standards are
  249  paramount public purposes for the state and its counties and
  250  municipalities.
  251         (e) Notwithstanding any general law, special act,
  252  ordinance, or charter to the contrary, a local government may
  253  not require any payments for transportation concurrency beyond a
  254  subject development’s traffic impacts as identified pursuant to
  255  impact fees or s. 163.3180(12) or (16) or require such payments
  256  as a condition of receiving a development order or permit. If
  257  the payments required to satisfy a development’s share of
  258  transportation concurrency costs do not mitigate all traffic
  259  impacts of the planned development area because of existing or
  260  future backlog conditions, the owner or developer may petition
  261  the local government for designation of a transportation
  262  concurrency backlog area pursuant to this section. The
  263  designation of a transportation concurrency backlog area shall
  264  satisfy any remaining concurrency backlog requirements in the
  265  impacted area.
  266         Section 3. This act shall take effect July 1, 2010.

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