Bill Text: FL S0972 | 2013 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation Development
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 319 (Ch. 2013-78) [S0972 Detail]
Download: Florida-2013-S0972-Comm_Sub.html
Bill Title: Transportation Development
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 319 (Ch. 2013-78) [S0972 Detail]
Download: Florida-2013-S0972-Comm_Sub.html
Florida Senate - 2013 CS for SB 972 By the Committee on Community Affairs; and Senator Hukill 578-02815-13 2013972c1 1 A bill to be entitled 2 An act relating to transportation development; 3 amending s. 163.3180, F.S.; providing that local 4 governments that implement transportation concurrency 5 must allow an applicant for a development agreement to 6 satisfy transportation concurrency requirements if 7 certain criteria are met, and must provide the basis 8 upon which landowners will be assessed a proportionate 9 share of the cost of addressing certain transportation 10 impacts; encouraging a local government that repeals 11 transportation concurrency to adopt an alternative 12 mobility funding system that is subject to certain 13 requirements; amending s. 163.3182, F.S.; expanding 14 the types of transportation projects that a 15 transportation development authority may undertake or 16 carry out; amending s. 190.006, F.S.; modifying the 17 method for filling positions within the board of 18 supervisors; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Paragraph (h) of subsection (5) of section 23 163.3180, Florida Statutes, is amended, and paragraph (i) is 24 added to that subsection, to read: 25 163.3180 Concurrency.— 26 (5) 27 (h)1. Local governments that continue to implement a 28 transportation concurrency system, whether in the form adopted 29 into the comprehensive plan before July 1, 2011, or as 30 subsequently modified, must: 31 a.1.Consult with the Department of Transportation when 32 proposed plan amendments affect facilities on the strategic 33 intermodal system. 34 b.2.Exempt public transit facilities from concurrency. For 35 the purposes of this sub-subparagraphsubparagraph, public 36 transit facilities include transit stations and terminals; 37 transit station parking; park-and-ride lots; intermodal public 38 transit connection or transfer facilities; fixed bus, guideway, 39 and rail stations; and airport passenger terminals and 40 concourses, air cargo facilities, and hangars for the assembly, 41 manufacture, maintenance, or storage of aircraft. As used in 42 this sub-subparagraphsubparagraph, the terms “terminals” and 43 “transit facilities” do not include seaports or commercial or 44 residential development constructed in conjunction with a public 45 transit facility. 46 c.3.Allow an applicant for a development-of-regional 47 impact development order, development agreement, a rezoning, or 48 other land use development permit to satisfy the transportation 49 concurrency requirements of the local comprehensive plan, the 50 local government’s concurrency management system, and s. 380.06, 51 when applicable, if: 52 (I)a.The applicant in good faith offers to enterenters53 into a binding agreement to pay for or construct its 54 proportionate share of required improvements in a manner 55 consistent with this subsection. 56 (II)b.The proportionate-share contribution or construction 57 is sufficient to accomplish one or more mobility improvements 58 that will benefit a regionally significant transportation 59 facility. A local government may accept contributions from 60 multiple applicants for a planned improvement if it maintains 61 contributions in a separate account designated for that purpose. 62 d.c.(I)Provide the basis upon whichThe local government63has provided a means bywhich thelandownerslandownerwill be 64 assessed a proportionate share of the cost of addressing the 65 transportation impacts resulting from aproviding the66transportation facilities necessary to serve theproposed 67 development. 68 2. An applicant mayshallnot be held responsible for the 69 additional cost of reducing or eliminating deficiencies. 70(II)When an applicant contributes or constructs its 71 proportionate share pursuant to this paragraphsubparagraph, a 72 local government may not require payment or construction of 73 transportation facilities whose costs would be greater than a 74 development’s proportionate share of the improvements necessary 75 to mitigate the development’s impacts. 76 a.(A)The proportionate-share contribution shall be 77 calculated based upon the number of trips from the proposed 78 development expected to reach roadways during the peak hour from 79 the stage or phase being approved, divided by the change in the 80 peak hour maximum service volume of roadways resulting from 81 construction of an improvement necessary to maintain or achieve 82 the adopted level of service, multiplied by the construction 83 cost, at the time of development payment, of the improvement 84 necessary to maintain or achieve the adopted level of service. 85 b.(B)In using the proportionate-share formula provided in 86 this subparagraph, the applicant, in its traffic analysis, shall 87 identify those roads or facilities that have a transportation 88 deficiency in accordance with the transportation deficiency as 89 defined in subparagraph 4sub-subparagraph e. The proportionate 90 share formula provided in this subparagraph shall be applied 91 only to those facilities that are determined to be significantly 92 impacted by the project traffic under review. If any road is 93 determined to be transportation deficient without the project 94 traffic under review, the costs of correcting that deficiency 95 shall be removed from the project’s proportionate-share 96 calculation and the necessary transportation improvements to 97 correct that deficiency shall be considered to be in place for 98 purposes of the proportionate-share calculation. The improvement 99 necessary to correct the transportation deficiency is the 100 funding responsibility of the entity that has maintenance 101 responsibility for the facility. The development’s proportionate 102 share shall be calculated only for the needed transportation 103 improvements that are greater than the identified deficiency. 104 c.(C)When the provisions of subparagraph 1. and this 105 subparagraph have been satisfied for a particular stage or phase 106 of development, all transportation impacts from that stage or 107 phase for which mitigation was required and provided shall be 108 deemed fully mitigated in any transportation analysis for a 109 subsequent stage or phase of development. Trips from a previous 110 stage or phase that did not result in impacts for which 111 mitigation was required or provided may be cumulatively analyzed 112 with trips from a subsequent stage or phase to determine whether 113 an impact requires mitigation for the subsequent stage or phase. 114 d.(D)In projecting the number of trips to be generated by 115 the development under review, any trips assigned to a toll 116 financed facility shall be eliminated from the analysis. 117 e.(E)The applicant shall receive a credit on a dollar-for 118 dollar basis for impact fees, mobility fees, and other 119 transportation concurrency mitigation requirements paid or 120 payable in the future for the project. The credit shall be 121 reduced up to 20 percent by the percentage share that the 122 project’s traffic represents of the added capacity of the 123 selected improvement, or by the amount specified by local 124 ordinance, whichever yields the greater credit. 125 3.d.This subsection does not require a local government to 126 approve a development that is nototherwisequalified for 127 approval pursuant to the applicable local comprehensive plan and 128 land development regulations for reasons other than 129 transportation impacts. 130 4.e.As used in this subsection, the term “transportation 131 deficiency” means a facility or facilities on which the adopted 132 level-of-service standard is exceeded by the existing, 133 committed, and vested trips, plus additional projected 134 background trips from any source other than the development 135 project under review, and trips that are forecast by established 136 traffic standards, including traffic modeling, consistent with 137 the University of Florida’s Bureau of Economic and Business 138 Research medium population projections. Additional projected 139 background trips are to be coincident with the particular stage 140 or phase of development under review. 141 (i) If a local government elects to repeal transportation 142 concurrency, it is encouraged to adopt an alternative mobility 143 funding system that uses one or more of the tools and techniques 144 identified in paragraph (f). An alternative mobility funding 145 system may not be used to deny, time, or phase an application 146 for site plan, plat approval, final subdivision approval, 147 building permit, or the functional equivalent of such approvals 148 if the developer agrees to pay for the development’s identified 149 transportation impacts using the funding mechanism implemented 150 by the local government. The revenue from the funding mechanism 151 adopted in the alternative system must be used to implement the 152 needs of the local government’s plan which serve as the basis 153 for the fee imposed. A mobility-fee-based funding system must 154 comply with the dual rational nexus test applicable to impact 155 fees. An alternative system that is not mobility-fee-based may 156 not be applied in a manner that imposes upon new development any 157 responsibility for funding existing transportation deficiencies 158 as that term is defined in paragraph (h). 159 Section 2. Paragraph (b) of subsection (3) of section 160 163.3182, Florida Statutes, is amended to read: 161 163.3182 Transportation deficiencies.— 162 (3) POWERS OF A TRANSPORTATION DEVELOPMENT AUTHORITY.—Each 163 transportation development authority created pursuant to this 164 section has the powers necessary or convenient to carry out the 165 purposes of this section, including the following powers in 166 addition to others granted in this section: 167 (b) To undertake and carry out transportation projects for 168 transportation facilities designed to relieve transportation 169 deficiencies within the authority’s jurisdiction. Transportation 170 projects may include transportation facilities that provide for 171 alternative modes of travel including sidewalks, bikeways, and 172 mass transit which are related to a deficient transportation 173 facility. Transportation projects may also include projects 174 within and outside the designated deficiency area to relieve 175 deficiencies identified by the transportation deficiency plan. 176 Mass transit improvements and service may extend outside a 177 deficiency area to an existing or planned logical terminus of a 178 selected improvement. 179 Section 3. Paragraph (a) of subsection (3) of section 180 190.006, Florida Statutes, is amended to read: 181 190.006 Board of supervisors; members and meetings.— 182 (3)(a)1. If the board proposes to exercise the ad valorem 183 taxing power authorized by s. 190.021, the district board shall 184 call an election at which the members of the board of 185 supervisors will be elected. Such election shall be held in 186 conjunction with a primary or general election unless the 187 district bears the cost of a special election. Each member shall 188 be elected by the qualified electors of the district for a term 189 of 4 years, except that, at the first such election, three 190 members shall be elected for a period of 4 years and two members 191 shall be elected for a period of 2 years. All elected board 192 members must be qualified electors of the district. 193 2.a. Regardless of whether a district has proposed to levy 194 ad valorem taxes, commencing 6 years after the initial 195 appointment of members or, for a district exceeding 5,000 acres 196 in area,orfor a compact, urban, mixed-use district, or for a 197 transit-oriented development, as defined in s. 163.3164, 198 exceeding 25 acres in area, 10 years after the initial 199 appointment of members, the position of each member whose term 200 has expired shall be filled by a qualified elector of the 201 district, elected by the qualified electors of the district. 202 However, for those districts established after June 21, 1991, 203 and for those existing districts established after December 31, 204 1983, which have less than 50 qualified electors on June 21, 205 1991, sub-subparagraphs b. and d.shallapply. If, in the 6th 206 year after the initial appointment of members, or 10 years after 207 such initial appointment for a districtdistrictsexceeding 208 5,000 acres in area,orfor a compact, urban, mixed-use 209 district, or for a transit-oriented development, as defined in 210 s. 163.3164, exceeding 25 acres in area, there are not at least 211 250 qualified electors in the district, or for a district 212 exceeding 5,000 acres,orfor a compact, urban, mixed-use 213 district, or for a transit-oriented development, as defined in 214 s. 163.3164, exceeding 25 acres in area, there are not at least 215 500 qualified electors, members of the board shall continue to 216 be elected by landowners. 217 b. After the 6th or 10th year, once a district reaches 250 218 or 500 qualified electors, respectively,thenthe positions of 219 two board members whose terms are expiring shall be filled by 220 qualified electors of the district, elected by the qualified 221 electors of the district for 4-year terms. The remaining board 222 member whose term is expiring shall be elected for a 4-year term 223 by the landowners and is not required to be a qualified elector. 224 Thereafter, as terms expire, board members shall be qualified 225 electors elected by qualified electors of the district for a 226 term of 4 years. 227 c. Once a district qualifies to have any of its board 228 members elected by the qualified electors of the district, the 229 initial and all subsequent elections by the qualified electors 230 of the district shall be held at the general election in 231 November. The board shall adopt a resolution if necessary to 232 implement this requirement when the board determines the number 233 of qualified electors as required by sub-subparagraph d., to 234 extend or reduce the terms of current board members. 235 d. On or before June 1 of each year, the board shall 236 determine the number of qualified electors in the district as of 237 the immediately preceding April 15. The board shall use and rely 238 upon the official records maintained by the supervisor of 239 elections and property appraiser or tax collector in each county 240 in making this determination. Such determination shall be made 241 at a properly noticed meeting of the board and shall become a 242 part of the official minutes of the district. 243 Section 4. This act shall take effect July 1, 2013.