Bill Text: FL S1110 | 2024 | Regular Session | Introduced


Bill Title: Land Development

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-08 - Died in Community Affairs [S1110 Detail]

Download: Florida-2024-S1110-Introduced.html
       Florida Senate - 2024                                    SB 1110
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00675B-24                                          20241110__
    1                        A bill to be entitled                      
    2         An act relating to land development; amending s.
    3         163.3167, F.S.; revising the scope of power and
    4         responsibility of municipalities and counties under
    5         the Community Planning Act; amending s. 163.3180,
    6         F.S.; modifying requirements for local governments
    7         implementing a transportation concurrency system;
    8         amending s. 163.31801, F.S.; revising legislative
    9         intent with respect to the adoption of impact fees by
   10         special districts; clarifying circumstances under
   11         which a local government or special district must
   12         credit certain contributions toward the collection of
   13         an impact fee; deleting a provision that exempts water
   14         and sewer connection fees from the Florida Impact Fee
   15         Act; amending s. 380.06, F.S.; revising exceptions
   16         from provisions governing credits against local impact
   17         fees; revising procedures regarding local government
   18         review of changes to previously approved developments
   19         of regional impact; specifying types of changes that
   20         are not subject to local government review;
   21         authorizing changes to multimodal pathways, or the
   22         substitution of such pathways, in previously approved
   23         developments of regional impact if certain conditions
   24         are met; specifying that certain changes to
   25         comprehensive plan policies and land development
   26         regulations do not apply to a development of regional
   27         impact that has vested rights; revising acts that are
   28         deemed to constitute an act of reliance by a developer
   29         to vest rights; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Subsection (1) of section 163.3167, Florida
   34  Statutes, is amended to read:
   35         163.3167 Scope of act.—
   36         (1) Notwithstanding any other provision of general law, the
   37  several incorporated municipalities and counties shall have
   38  exclusive power and responsibility:
   39         (a) To plan for their future development and growth.
   40         (b) To adopt and amend comprehensive plans, or elements or
   41  portions thereof, to guide their future development and growth.
   42         (c) To implement adopted or amended comprehensive plans by
   43  the adoption of appropriate land development regulations or
   44  elements thereof.
   45         (d) To evaluate transportation impacts, apply concurrency,
   46  or assess any fee related to transportation improvements.
   47         (e) To establish, support, and maintain administrative
   48  instruments and procedures to carry out the provisions and
   49  purposes of this act.
   50  
   51  The powers and authority set out in this act may be employed by
   52  municipalities and counties individually or jointly by mutual
   53  agreement in accord with this act and in such combinations as
   54  their common interests may dictate and require.
   55         Section 2. Paragraph (h) of subsection (5) of section
   56  163.3180, Florida Statutes, is amended to read:
   57         163.3180 Concurrency.—
   58         (5)
   59         (h)1. Notwithstanding any provision in a development order,
   60  an agreement, a local comprehensive plan, or a local land
   61  development regulation, local governments that continue to
   62  implement a transportation concurrency system, whether in the
   63  form adopted into the comprehensive plan before the effective
   64  date of the Community Planning Act, chapter 2011-139, Laws of
   65  Florida, or as subsequently modified, must:
   66         a. Consult with the Department of Transportation when
   67  proposed plan amendments affect facilities on the strategic
   68  intermodal system.
   69         b. Exempt public transit facilities from concurrency. For
   70  the purposes of this sub-subparagraph, public transit facilities
   71  include transit stations and terminals; transit station parking;
   72  park-and-ride lots; intermodal public transit connection or
   73  transfer facilities; fixed bus, guideway, and rail stations; and
   74  airport passenger terminals and concourses, air cargo
   75  facilities, and hangars for the assembly, manufacture,
   76  maintenance, or storage of aircraft. As used in this sub
   77  subparagraph, the terms “terminals” and “transit facilities” do
   78  not include seaports or commercial or residential development
   79  constructed in conjunction with a public transit facility.
   80         c. Allow an applicant for a development-of-regional-impact
   81  development order, development agreement, rezoning, or other
   82  land use development permit to satisfy the transportation
   83  concurrency requirements of the local comprehensive plan, the
   84  local government’s concurrency management system, and s. 380.06,
   85  when applicable, if:
   86         (I) The applicant in good faith offers to enter into a
   87  binding agreement to pay for or construct its proportionate
   88  share of required improvements in a manner consistent with this
   89  subsection.
   90         (II) The proportionate-share contribution or construction
   91  is sufficient to accomplish one or more mobility improvements
   92  that will benefit a regionally significant transportation
   93  facility. A local government may accept contributions from
   94  multiple applicants for a planned improvement if it maintains
   95  contributions in a separate account designated for that purpose.
   96         d. Provide the basis upon which the landowners will be
   97  assessed a proportionate share of the cost addressing the
   98  transportation impacts resulting from a proposed development.
   99         e. Credit the fair market value of any land dedicated to a
  100  governmental entity for transportation facilities against the
  101  total proportionate share payments computed pursuant to this
  102  section.
  103         2. An applicant is shall not be held responsible for the
  104  additional cost of reducing or eliminating deficiencies. When an
  105  applicant contributes or constructs its proportionate share
  106  pursuant to this paragraph, a local government may not require
  107  payment or construction of transportation facilities whose costs
  108  would be greater than a development’s proportionate share of the
  109  improvements necessary to mitigate the development’s impacts.
  110         a. The proportionate-share contribution shall be calculated
  111  based upon the number of trips from the proposed development
  112  expected to reach roadways during the peak hour from the stage
  113  or phase being approved, divided by the change in the peak hour
  114  maximum service volume of roadways resulting from construction
  115  of an improvement necessary to maintain or achieve the adopted
  116  level of service, multiplied by the construction cost, at the
  117  time of development payment, of the improvement necessary to
  118  maintain or achieve the adopted level of service.
  119         b. In using the proportionate-share formula provided in
  120  this subparagraph, the applicant, in its traffic analysis, shall
  121  identify those roads or facilities that have a transportation
  122  deficiency in accordance with the transportation deficiency as
  123  defined in subparagraph 4. The proportionate-share formula
  124  provided in this subparagraph shall be applied only to those
  125  facilities that are determined to be significantly impacted by
  126  the project traffic under review. If any road is determined to
  127  be transportation deficient without the project traffic under
  128  review, the costs of correcting that deficiency shall be removed
  129  from the project’s proportionate-share calculation and the
  130  necessary transportation improvements to correct that deficiency
  131  shall be considered to be in place for purposes of the
  132  proportionate-share calculation. The improvement necessary to
  133  correct the transportation deficiency is the funding
  134  responsibility of the entity that has maintenance responsibility
  135  for the facility. The development’s proportionate share shall be
  136  calculated only for the needed transportation improvements that
  137  are greater than the identified deficiency.
  138         c. When the provisions of subparagraph 1. and this
  139  subparagraph have been satisfied for a particular stage or phase
  140  of development, all transportation impacts from that stage or
  141  phase for which mitigation was required and provided shall be
  142  deemed fully mitigated in any transportation analysis for a
  143  subsequent stage or phase of development. Trips from a previous
  144  stage or phase that did not result in impacts for which
  145  mitigation was required or provided may be cumulatively analyzed
  146  with trips from a subsequent stage or phase to determine whether
  147  an impact requires mitigation for the subsequent stage or phase.
  148         d. In projecting the number of trips to be generated by the
  149  development under review, any trips assigned to a toll-financed
  150  facility shall be eliminated from the analysis.
  151         e. The applicant shall receive a credit on a dollar-for
  152  dollar basis for impact fees, mobility fees, and other
  153  transportation concurrency mitigation requirements paid or
  154  payable in the future for the project. The credit shall be
  155  reduced up to 20 percent by the percentage share that the
  156  project’s traffic represents of the added capacity of the
  157  selected improvement, or by the amount specified by local
  158  ordinance, whichever yields the greater credit.
  159         3. This subsection does not require a local government to
  160  approve a development that, for reasons other than
  161  transportation impacts, is not qualified for approval pursuant
  162  to the applicable local comprehensive plan and land development
  163  regulations.
  164         4. As used in this subsection, the term “transportation
  165  deficiency” means a facility or facilities on which the adopted
  166  level-of-service standard is exceeded by the existing,
  167  committed, and vested trips, plus additional projected
  168  background trips from any source other than the development
  169  project under review, and trips that are forecast by established
  170  traffic standards, including traffic modeling, consistent with
  171  the University of Florida’s Bureau of Economic and Business
  172  Research medium population projections. Additional projected
  173  background trips are to be coincident with the particular stage
  174  or phase of development under review.
  175         Section 3. Subsection (2), paragraph (a) of subsection (5),
  176  and subsection (12) of section 163.31801, Florida Statutes, are
  177  amended to read:
  178         163.31801 Impact fees; short title; intent; minimum
  179  requirements; audits; challenges.—
  180         (2) The Legislature finds that impact fees are an important
  181  source of revenue for a local government to use in funding the
  182  infrastructure necessitated by new growth. The Legislature
  183  further finds that impact fees are an outgrowth of the home rule
  184  power of a local government to provide certain services within
  185  its jurisdiction. Due to the growth of impact fee collections
  186  and local governments’ reliance on impact fees, it is the intent
  187  of the Legislature to ensure that, when a county or municipality
  188  adopts an impact fee by ordinance or a special district, if
  189  authorized by its special act, adopts an impact fee by
  190  resolution, the governing authority complies with this section.
  191         (5)(a) Notwithstanding any charter provision, comprehensive
  192  plan policy, ordinance, development order, development permit,
  193  agreement, or resolution to the contrary, the local government
  194  or special district must credit against the collection of the
  195  impact fee any contribution, whether identified in an a
  196  proportionate share agreement or other form of exaction, related
  197  to public facilities or infrastructure, including land
  198  dedication, site planning and design, or construction. Any
  199  contribution must be applied on a dollar-for-dollar basis at
  200  fair market value to reduce any impact fee collected for the
  201  general category or class of public facilities or infrastructure
  202  for which the contribution was made.
  203         (12) This section does not apply to water and sewer
  204  connection fees.
  205         Section 4. Paragraph (d) of subsection (5) and subsections
  206  (7) and (8) of section 380.06, Florida Statutes, are amended to
  207  read:
  208         380.06 Developments of regional impact.—
  209         (5) CREDITS AGAINST LOCAL IMPACT FEES.—
  210         (d) This subsection does not apply to internal, private
  211  onsite facilities required by local regulations or to any
  212  offsite facilities to the extent that such facilities are
  213  necessary to provide safe and adequate services solely to the
  214  development and not the general public.
  215         (7) CHANGES.—
  216         (a) Notwithstanding any provision to the contrary in any
  217  development order, agreement, local comprehensive plan, or local
  218  land development regulation, this section applies to all any
  219  proposed changes change to a previously approved development of
  220  regional impact. shall be reviewed by The local government must
  221  base its review based on the standards and procedures in its
  222  adopted local comprehensive plan and adopted local land
  223  development regulations, including, but not limited to,
  224  procedures for notice to the applicant and the public regarding
  225  the issuance of development orders. However, a change to a
  226  development of regional impact that has the effect of reducing
  227  the originally approved height, density, or intensity of the
  228  development or that changes only the location, types, or acreage
  229  of uses and infrastructure must be administratively approved and
  230  is not subject to review by the local government. The local
  231  government review of any proposed change to a previously
  232  approved development of regional impact and of any development
  233  order required to construct the development set forth in the
  234  development of regional impact must be reviewed by the local
  235  government based on the standards in the local comprehensive
  236  plan at the time the development was originally approved, and if
  237  the development would have been consistent with the
  238  comprehensive plan in effect when the development was originally
  239  approved, the local government may approve the change. If the
  240  revised development is approved, the developer may proceed as
  241  provided in s. 163.3167(5). For any proposed change to a
  242  previously approved development of regional impact, at least one
  243  public hearing must be held on the application for change, and
  244  any change must be approved by the local governing body before
  245  it becomes effective. The review must abide by any prior
  246  agreements or other actions vesting the laws and policies
  247  governing the development. Development within the previously
  248  approved development of regional impact may continue, as
  249  approved, during the review in portions of the development which
  250  are not directly affected by the proposed change.
  251         (b) The local government shall either adopt an amendment to
  252  the development order that approves the application, with or
  253  without conditions, or deny the application for the proposed
  254  change. Any new conditions in the amendment to the development
  255  order issued by the local government may address only those
  256  impacts directly created by the proposed change, and must be
  257  consistent with s. 163.3180(5), the adopted comprehensive plan,
  258  and adopted land development regulations. Changes to a phase
  259  date, buildout date, expiration date, or termination date may
  260  also extend any required mitigation associated with a phased
  261  construction project so that mitigation takes place in the same
  262  timeframe relative to the impacts as approved.
  263         (c) This section is not intended to alter or otherwise
  264  limit the extension, previously granted by statute, of a
  265  commencement, buildout, phase, termination, or expiration date
  266  in any development order for an approved development of regional
  267  impact and any corresponding modification of a related permit or
  268  agreement. Any such extension is not subject to review or
  269  modification in any future amendment to a development order
  270  pursuant to the adopted local comprehensive plan and adopted
  271  local land development regulations.
  272         (d) Any proposed change to a previously approved
  273  development of regional impact showing a dedicated multimodal
  274  pathway suitable for bicycles, pedestrians, and low-speed
  275  vehicles, as defined in s. 320.01, along any internal roadway
  276  must be approved so long as the right-of-way remains sufficient
  277  for the ultimate number of lanes of the internal road. Any
  278  proposed change to a previously approved development of regional
  279  impact which proposes to substitute a multimodal pathway
  280  suitable for bicycles, pedestrians, and low-speed vehicles, as
  281  defined in s. 320.01, in lieu of an internal road must be
  282  approved if the change does not result in any road within or
  283  adjacent to the development of regional impact falling below the
  284  local government’s adopted level of service and does not
  285  increase the original distribution of trips on any road analyzed
  286  as part of the approved development of regional impact by more
  287  than 20 percent. If the developer has already dedicated right
  288  of-way to the local government for the proposed internal roadway
  289  as part of the approval of the proposed change, the local
  290  government must return any interest it may have in the right-of
  291  way to the developer.
  292         (8) VESTED RIGHTS.—Nothing in this section shall limit or
  293  modify the rights of any person to complete any development that
  294  was authorized by registration of a subdivision pursuant to
  295  former chapter 498, by recordation pursuant to local subdivision
  296  plat law, or by a building permit or other authorization to
  297  commence development on which there has been reliance and a
  298  change of position and which registration or recordation was
  299  accomplished, or which permit or authorization was issued, prior
  300  to July 1, 1973. If a developer has, by his or her actions in
  301  reliance on prior regulations, obtained vested or other legal
  302  rights that in law would have prevented a local government from
  303  changing those regulations in a way adverse to the developer’s
  304  interests, nothing in this chapter authorizes any governmental
  305  agency to abridge those rights. Consistent with s. 163.3167(5),
  306  comprehensive plan policies and land development regulations
  307  adopted after a development of regional impact has vested do not
  308  apply to proposed changes to an approved development of regional
  309  impact or to development approvals required to implement the
  310  approved development of regional impact.
  311         (a) For the purpose of determining the vesting of rights
  312  under this subsection, approval pursuant to local subdivision
  313  plat law, ordinances, or regulations of a subdivision plat by
  314  formal vote of a county or municipal governmental body having
  315  jurisdiction after August 1, 1967, and prior to July 1, 1973, is
  316  sufficient to vest all property rights for the purposes of this
  317  subsection; and no action in reliance on, or change of position
  318  concerning, such local governmental approval is required for
  319  vesting to take place. Anyone claiming vested rights under this
  320  paragraph must notify the department in writing by January 1,
  321  1986. Such notification shall include information adequate to
  322  document the rights established by this subsection. When such
  323  notification requirements are met, in order for the vested
  324  rights authorized pursuant to this paragraph to remain valid
  325  after June 30, 1990, development of the vested plan must be
  326  commenced prior to that date upon the property that the state
  327  land planning agency has determined to have acquired vested
  328  rights following the notification or in a binding letter of
  329  interpretation. When the notification requirements have not been
  330  met, the vested rights authorized by this paragraph shall expire
  331  June 30, 1986, unless development commenced prior to that date.
  332         (b) For the purpose of this act, the conveyance of property
  333  or compensation, or the agreement to convey, property or
  334  compensation, to the county, state, or local government as a
  335  prerequisite to zoning change approval shall be construed as an
  336  act of reliance to vest rights as determined under this
  337  subsection, provided such zoning change is actually granted by
  338  such government.
  339         Section 5. This act shall take effect upon becoming a law.

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