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Amendment CaShTmL-922812.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 360
                        Barcode 922812
                            CHAMBER ACTION
              Senate                               House
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       05/02/2005 05:19 PM         .                    
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11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 52, line 10 through page 54, line 9, delete
15  those lines
16  
17  and insert:  
18         (16)  It is the intent of the Legislature to provide a
19  method by which the impacts of development on transportation
20  facilities can be mitigated by the cooperative efforts of the
21  public and private sectors. The methodology used to calculate
22  proportionate fair-share mitigation under this subsection must
23  ensure that development is assessed in a manner and for the
24  purpose of funding public facilities necessary to accommodate
25  any impacts having a rational nexus to the proposed
26  development when the need to construct new facilities or add
27  to the present system of public facilities is reasonably
28  attributable to the proposed development.
29         (a)  By December 1, 2006, each local government shall
30  adopt by ordinance a transportation concurrency management
31  system that shall include a methodology for assessing
                                  1
    10:32 AM   05/02/05                             s0360.21ca.00e

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360 Barcode 922812 1 proportionate fair-share mitigation options. By December 1, 2 2005, the Department of Transportation shall develop a model 3 transportation concurrency management ordinance with 4 methodologies for assessing proportionate fair-share 5 mitigation options. 6 (b)1. In its concurrency management system, a local 7 government shall, by December 1, 2006, include methodologies 8 that will be applied to calculate proportionate fair-share 9 mitigation to satisfy transportation concurrency requirements 10 when the impacted road segments are specifically identified 11 for funding in the 5-year schedule of capital improvements in 12 the capital improvements element of the local plan or the 13 long-term concurrency management system. If a proportionate 14 fair-share agreement or development order condition reflects 15 mitigation to a road segment or facility which is not on the 16 5-year schedule of capital improvements at the time of 17 approval, the local government shall reflect such improvement 18 in the 5-year schedule of capital improvements at the next 19 update of the capital improvements element. 20 2. Proportionate fair-share mitigation shall be 21 applied as a credit against impact fees to the extent that all 22 or a portion of the proportionate fair-share mitigation is 23 used to address the same capital infrastructure improvements 24 contemplated by the local government's impact fee ordinance. 25 The credit shall not apply to internal, onsite facilities 26 required by local regulations or to any offsite facilities to 27 the extent such facilities are necessary to provide safe and 28 adequate services to the development. The proportionate 29 fair-share methodology shall be applicable to all development 30 contributing to the need for new or expanded public 31 facilities. 2 10:32 AM 05/02/05 s0360.21ca.00e
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360 Barcode 922812 1 (c) Proportionate fair-share mitigation includes, 2 without limitation, separately or collectively, private funds, 3 contributions of land, and construction and contribution of 4 facilities and may include public funds as determined by the 5 local government. The fair market value of the proportionate 6 fair-share mitigation may not differ based on the form of 7 mitigation. 8 (d) In order to assist a local government with meeting 9 concurrency requirements, a local government may impose 10 proportionate fair-share mitigation adopted under this 11 subsection on a transportation facility regardless of whether 12 it meets or fails to meet the established levels of service. 13 (e) Nothing in this subsection limits the home rule 14 authority of a local government to enter into a public-private 15 partnership or funding agreement to provide or govern the 16 provision of essential infrastructure deemed necessary by the 17 local government payable from available taxes, fees, special 18 assessments or developer contributions. 19 (f) Mitigation for development impacts to facilities 20 on the Strategic Intermodal System made pursuant to this 21 subsection requires the concurrence of the Department of 22 Transportation. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 On page 2, lines 27-30, delete those lines 28 29 and insert: 30 providing for the adoption of a transportation 31 concurrency management system by ordinance; 3 10:32 AM 05/02/05 s0360.21ca.00e
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360 Barcode 922812 1 providing requirements for proportionate 2 fair-share mitigation; amending s. 163.3184, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 10:32 AM 05/02/05 s0360.21ca.00e
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