Bill Text: FL H0603 | 2012 | Regular Session | Introduced


Bill Title: Growth Management

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2012-03-09 - Died in Community and Military Affairs Subcommittee [H0603 Detail]

Download: Florida-2012-H0603-Introduced.html
HB 603

1
A bill to be entitled
2An act relating to growth management; amending s.
3163.3180, F.S.; prohibiting a local government from
4applying transportation or school concurrency or
5requiring proportionate-share contribution or
6construction for new development for a specified
7period; providing an exception; providing for an
8extension of the prohibition under certain conditions;
9providing application; providing for future
10expiration; amending s. 163.31801, F.S.; prohibiting
11certain counties, municipalities, and special
12districts from imposing certain new or existing impact
13fees for a specified period; providing an exception;
14providing for an extension of the prohibition under
15certain conditions; providing application; providing
16for future expiration; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (7) is added to section 163.3180,
21Florida Statutes, to read:
22     163.3180  Concurrency.-
23     (7)(a)  Notwithstanding any law, ordinance, or resolution
24to the contrary, a local government may not apply transportation
25or school concurrency within its jurisdiction and may not
26require a proportionate-share contribution or construction for
27new development until July 1, 2015, unless authorized by the
28affirmative vote of two-thirds of the local government's
29governing authority.
30     (b)  Paragraph (a) does not apply to proportionate-share
31contribution or construction assessed on existing developments
32before July 1, 2012.
33     (c)  In order to maintain the exemption from transportation
34or school concurrency and proportionate-share contribution or
35construction pursuant to paragraph (a), a new development must
36receive a certificate of occupancy by July 1, 2016. If the
37certificate of occupancy is not received by July 1, 2016, the
38local government may apply transportation or school concurrency
39and require the appropriate proportionate-share contribution or
40construction for the development that would have been applied
41but for this subsection. Any outstanding obligation related to
42the proportionate-share contribution or construction runs with
43the land and is enforceable against any person claiming a fee
44interest in the land subject to that obligation.
45     (d)  This subsection does not apply if it requires any
46modification to a local government's financing that would
47invalidate existing contracts, including debt obligations or
48covenants and agreements relating to bonds validated or issued
49by the local government.
50     (e)  Upon written notification to the local government, a
51developer may elect to have the local government apply
52transportation or school concurrency and proportionate-share
53contribution or construction to a development.
54     (f)  This subsection expires July 1, 2016.
55     Section 2.  Subsection (6) is added to section 163.31801,
56Florida Statutes, to read:
57     163.31801  Impact fees; short title; intent; definitions;
58ordinances levying impact fees.-
59     (6)(a)  Notwithstanding any law, ordinance, or resolution
60to the contrary, a county, municipality, or special district may
61not impose any new or existing impact fee or any new or existing
62fee associated with the mitigation of transportation impacts on
63new development until July 1, 2015, unless authorized by the
64affirmative vote of two-thirds of the governing authority of the
65county, municipality, or special district. Any governing
66authority of a local government imposing an impact fee in
67existence on July 1, 2011, must reauthorize the imposition of
68the fee pursuant to this paragraph.
69     (b)  Paragraph (a) does not apply to any impact fee or fee
70associated with the mitigation of transportation impacts
71previously enacted by law, ordinance, or resolution assessed on
72existing development before July 1, 2012.
73     (c)  In order to maintain the exemption from impact fees
74and fees associated with the mitigation of transportation
75impacts pursuant to paragraph (a), a new development must
76receive a certificate of occupancy by July 1, 2016. If the
77certificate of occupancy is not received by July 1, 2016, the
78county, municipality, or special district may impose the
79appropriate impact fees and fees associated with the mitigation
80of transportation impacts on the development that would have
81been applied but for this subsection. Any outstanding obligation
82related to impact fees and fees associated with the mitigation
83of transportation impacts on the development runs with the land
84and is enforceable against any person claiming a fee interest in
85the land subject to that obligation.
86     (d)  This subsection does not apply if it requires any
87modification to the financing of a county, municipality, or
88special district that would invalidate existing contracts,
89including debt obligations or covenants and agreements relating
90to bonds validated or issued by the county, municipality, or
91special district.
92     (e)  Upon notification to the county, municipality, or
93special district, a developer may elect to have impact fees and
94fees associated with the mitigation of transportation impacts
95imposed on a development.
96     (f)  This subsection expires July 1, 2016.
97     Section 3.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.
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