Bill Text: FL S1716 | 2013 | Regular Session | Comm Sub


Bill Title: Growth Management

Spectrum: Bipartisan Bill

Status: (Failed) 2013-05-03 - Died in Education [S1716 Detail]

Download: Florida-2013-S1716-Comm_Sub.html
       Florida Senate - 2013                             CS for SB 1716
       
       
       
       By the Committee on Community Affairs; and Senator Garcia
       
       
       
       
       578-03425-13                                          20131716c1
    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 concurrency or requiring
    5         proportionate-share contribution or construction for
    6         new business development for a specified period;
    7         providing an exception; providing for an extension of
    8         the prohibition under certain conditions; providing
    9         for applicability; providing for future expiration;
   10         amending s. 163.31801, F.S.; prohibiting certain
   11         counties, municipalities, and special districts from
   12         imposing certain new or existing impact fees for a
   13         specified period; providing an exception; providing
   14         for an extension of the prohibition under certain
   15         conditions; providing for applicability; providing for
   16         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 provision of law, ordinance, or
   24  resolution to the contrary, a local government may not apply
   25  transportation concurrency within its jurisdiction and may not
   26  require a proportionate-share contribution or construction for
   27  new business development before July 1, 2016, unless authorized
   28  by the affirmative majority vote 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, 2013.
   33         (c) In order to maintain the exemption from transportation
   34  concurrency and proportionate-share contribution or construction
   35  pursuant to paragraph (a), a new business development must
   36  receive a certificate of occupancy by July 1, 2017. If the
   37  certificate of occupancy is not received by July 1, 2017, the
   38  local government may apply transportation concurrency and
   39  require the appropriate proportionate-share contribution or
   40  construction for the business development that would have been
   41  applied but for this subsection. The new business development
   42  must consist of 6,000 square feet or less for anything
   43  classified as other than nonresidential. Any outstanding
   44  obligation related to the proportionate-share contribution or
   45  construction runs with the land and is enforceable against any
   46  person claiming a fee interest in the land subject to that
   47  obligation.
   48         (d) This subsection does not apply if it requires any
   49  modification to a local government’s financing that would
   50  invalidate existing contracts, including debt obligations or
   51  covenants and agreements relating to bonds validated or issued
   52  by the local government.
   53         (e) Upon written notification to the local government, a
   54  developer may elect to have the local government apply
   55  transportation concurrency and proportionate-share contribution
   56  or construction to a business development.
   57         (f) This subsection expires July 1, 2017.
   58         Section 2. Subsection (6) is added to section 163.31801,
   59  Florida Statutes, to read:
   60         163.31801 Impact fees; short title; intent; definitions;
   61  ordinances levying impact fees.—
   62         (6)(a) Notwithstanding any provision of law, ordinance, or
   63  resolution to the contrary, a county, municipality, or special
   64  district may not impose any new or existing impact fee or any
   65  new or existing fee associated with the mitigation of
   66  transportation impacts on new business development until July 1,
   67  2016, unless authorized by the affirmative majority vote of the
   68  governing authority of the county, municipality, or special
   69  district. Any governing authority of a local government imposing
   70  an impact fee in existence on July 1, 2012, must reauthorize the
   71  imposition of the fee pursuant to this paragraph.
   72         (b) Paragraph (a) does not apply to any impact fee or fee
   73  associated with the mitigation of transportation impacts
   74  previously enacted by law, ordinance, or resolution assessed on
   75  existing business development before July 1, 2013.
   76         (c) In order to maintain the exemption from impact fees and
   77  fees associated with the mitigation of transportation impacts
   78  pursuant to paragraph (a), a new business development must
   79  receive a certificate of occupancy by July 1, 2017. If the
   80  certificate of occupancy is not received by July 1, 2017, the
   81  county, municipality, or special district may impose the
   82  appropriate impact fees and fees associated with the mitigation
   83  of transportation impacts on the development that would have
   84  been applied but for this subsection. Any outstanding obligation
   85  related to impact fees and fees associated with the mitigation
   86  of transportation impacts on the development runs with the land
   87  and is enforceable against any person claiming a fee interest in
   88  the land subject to that obligation.
   89         (d) This subsection does not apply if it requires any
   90  modification to the financing of a county, municipality, or
   91  special district that would invalidate existing contracts,
   92  including debt obligations or covenants and agreements relating
   93  to bonds validated or issued by the county, municipality, or
   94  special district.
   95         (e) Upon notification to the county, municipality, or
   96  special district, a developer may elect to have impact fees and
   97  fees associated with the mitigation of transportation impacts
   98  imposed on a development.
   99         (f) This subsection expires July 1, 2017.
  100         Section 3. This act shall take effect July 1, 2013.

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