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       Florida Senate - 2010                             CS for SB 1742
       
       
       
       By the Committee on Community Affairs; and Senator Bennett
       
       
       
       
       578-02515-10                                          20101742c1
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3164, F.S.; defining the term “transit oriented
    4         development”; amending s. 163.3180, F.S.; providing
    5         for the expedited review of comprehensive plan
    6         amendments that implement transportation concurrency
    7         exception areas; accounting for the time value of
    8         money for phased projects; providing for the sharing
    9         of costs of mitigation for transportation concurrency;
   10         amending s. 163.3182, F.S.; revising provisions
   11         relating to transportation concurrency backlog
   12         authorities; providing for certain landowners or
   13         developers to request a transportation concurrency
   14         backlog area for a development area; amending s.
   15         380.06, F.S.; exempting transit oriented developments
   16         from review of transportation impacts in the
   17         development-of-regional-impact process; providing a
   18         legislative declaration of important state interest;
   19         providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (35) is added to section 163.3164,
   24  Florida Statutes, to read:
   25         163.3164 Local Government Comprehensive Planning and Land
   26  Development Regulation Act; definitions.—As used in this act:
   27         (35)“Transit oriented development” means a project or
   28  projects in areas that may be served by existing or anticipated
   29  transit service and are compact, mixed-use, interconnected, and
   30  pedestrian and bicycle friendly communities designed to reduce
   31  per capita greenhouse gas emissions and vehicular trips and
   32  include the densities, intensities, and amenities needed to
   33  support frequent transit service on identified or dedicated
   34  transit facilities that enable an individual to live, work,
   35  play, and shop in a community without the need to rely solely on
   36  a motor vehicle for mobility.
   37         Section 2. Paragraph (a) of subsection (12) of section
   38  163.3180, Florida Statutes, is amended, and paragraph (h) is
   39  added to subsection (5) of that section and subsection (18) is
   40  added that section, to read:
   41         163.3180 Concurrency.—
   42         (5)
   43         (h)Any proposed comprehensive plan amendment directly
   44  related to the creation of a transportation concurrency
   45  exception area is exempt from s. 163.3187(1) and may use the
   46  alternative state review process in s. 163.32465.
   47         (12)(a) A development of regional impact may satisfy the
   48  transportation concurrency requirements of the local
   49  comprehensive plan, the local government’s concurrency
   50  management system, and s. 380.06 by payment of a proportionate
   51  share contribution for local and regionally significant traffic
   52  impacts, if:
   53         1. The development of regional impact which, based on its
   54  location or mix of land uses, is designed to encourage
   55  pedestrian or other nonautomotive modes of transportation;
   56         2. The proportionate-share contribution for local and
   57  regionally significant traffic impacts is sufficient to pay for
   58  one or more required mobility improvements that will benefit a
   59  regionally significant transportation facility;
   60         3. The owner and developer of the development of regional
   61  impact pays or assures payment of the proportionate-share
   62  contribution; and
   63         4. If the regionally significant transportation facility to
   64  be constructed or improved is under the maintenance authority of
   65  a governmental entity, as defined by s. 334.03(12), other than
   66  the local government with jurisdiction over the development of
   67  regional impact, the developer is required to enter into a
   68  binding and legally enforceable commitment to transfer funds to
   69  the governmental entity having maintenance authority or to
   70  otherwise assure construction or improvement of the facility.
   71  
   72  The proportionate-share contribution may be applied to any
   73  transportation facility to satisfy the provisions of this
   74  subsection and the local comprehensive plan, but, for the
   75  purposes of this subsection, the amount of the proportionate
   76  share contribution shall be calculated based upon the cumulative
   77  number of trips from the proposed development expected to reach
   78  roadways during the peak hour from the complete buildout of a
   79  stage or phase being approved, divided by the change in the peak
   80  hour maximum service volume of roadways resulting from
   81  construction of an improvement necessary to maintain the adopted
   82  level of service, multiplied by the construction cost, at the
   83  time of developer payment, of the improvement necessary to
   84  maintain the adopted level of service. If the number of trips
   85  used to calculate the proportionate-share contribution includes
   86  trips from an earlier phase of the development, the
   87  determination of mitigation for the subsequent phase of
   88  development shall account for any mitigation required by the
   89  development order and provided by the developer for the earlier
   90  phase, calculated at present value. For purposes of this
   91  paragraph, the term “present value” means the fair market value
   92  of a right-of-way at the time of contribution and, if
   93  applicable, the actual dollar value of the construction
   94  improvements on the date of completion as adjusted by the
   95  Consumer Price Index. For purposes of this subsection,
   96  “construction cost” includes all associated costs of the
   97  improvement. Proportionate-share mitigation shall be limited to
   98  ensure that a development of regional impact meeting the
   99  requirements of this subsection mitigates its impact on the
  100  transportation system but is not responsible for the additional
  101  cost of reducing or eliminating backlogs. This subsection also
  102  applies to Florida Quality Developments pursuant to s. 380.061
  103  and to detailed specific area plans implementing optional sector
  104  plans pursuant to s. 163.3245.
  105         (18)The costs of mitigation for transportation impacts
  106  shall be distributed to all affected jurisdictions by the local
  107  government having jurisdiction over project or development
  108  approval. Distribution shall be proportionate to the percentage
  109  of the total transportation mitigation costs incurred by an
  110  affected jurisdiction unless otherwise agreed to by the effected
  111  jurisdictions. Any dispute between jurisdictions shall be
  112  resolved pursuant to the governmental dispute process in chapter
  113  164.
  114         Section 3. Present paragraphs (b) and (c) of subsection (2)
  115  of section 163.3182, Florida Statutes, are redesignated as
  116  paragraphs (c) and (d), respectively, and a new paragraph (b) is
  117  added to that subsection, to read:
  118         163.3182 Transportation concurrency backlogs.—
  119         (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
  120  AUTHORITIES.—
  121         (b)A landowner or developer within a transit oriented
  122  development of 100 or more cumulative acres or a large-scale
  123  development area of 500 cumulative acres or more may request
  124  that the local government establish a transportation concurrency
  125  backlog area for roadways significantly affected by traffic
  126  impacts resulting from the development if those roadways are or
  127  will be backlogged as defined by s. 163.3180(12)(b) and (16)(i).
  128  The local government shall designate the transportation
  129  concurrency backlog area by ordinance if a development order is
  130  issued or a comprehensive plan amendment is approved within the
  131  development area and the funding provided is sufficient to
  132  address one or more transportation mobility improvements
  133  necessary to satisfy the additional deficiencies coexisting or
  134  anticipated as a result of the new development. The
  135  transportation concurrency backlog area shall be used to satisfy
  136  all proportionate-share or proportionate fair-share
  137  transportation concurrency contributions of the development not
  138  otherwise satisfied by impact fees. The local government shall
  139  manage the area by acting as a transportation concurrency
  140  backlog authority. The applicable provisions of this section
  141  shall apply except that the tax increment shall be used to
  142  satisfy transportation concurrency requirements not otherwise
  143  satisfied by impact fees.
  144         Section 4. Paragraph (u) is added to subsection (24) of
  145  section 380.06, Florida Statutes, to read:
  146         380.06 Developments of regional impact.—
  147         (24) STATUTORY EXEMPTIONS.—
  148         (u)Any transit oriented development as defined in s.
  149  163.3164 incorporated into the county or municipality
  150  comprehensive plan that has adopted land use and transportation
  151  strategies to support and fund mobility, including alternative
  152  modes of transportation, is exempt from review for
  153  transportation impacts conducted pursuant to this section. This
  154  paragraph does not apply to areas:
  155         1.Within the boundary of any area of critical state
  156  concern designated pursuant to s. 380.05;
  157         2.Within the boundary of the Wekiva Study Area as
  158  described in s. 369.316; or
  159         3.Within 2 miles of the boundary of the Everglades
  160  Protection Area as described in s. 373.4592(2).
  161  
  162  If a use is exempt from review as a development of regional
  163  impact under paragraphs (a)-(s), but will be part of a larger
  164  project that is subject to review as a development of regional
  165  impact, the impact of the exempt use must be included in the
  166  review of the larger project, unless such exempt use involves a
  167  development of regional impact that includes a landowner,
  168  tenant, or user that has entered into a funding agreement with
  169  the Office of Tourism, Trade, and Economic Development under the
  170  Innovation Incentive Program and the agreement contemplates a
  171  state award of at least $50 million.
  172         Section 5. The Legislature finds that this act fulfills an
  173  important state interest.
  174         Section 6. This act shall take effect July 1, 2010.

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