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

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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

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HB 603

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