Bill Text: FL S1742 | 2010 | Regular Session | Comm Sub
Bill Title: Growth Management [EPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Policy & Steering Committee on Ways and Means [S1742 Detail]
Download: Florida-2010-S1742-Comm_Sub.html
Florida Senate - 2010 CS for SB 1742 By the Committee on Community Affairs; and Senator Bennett 578-02515-10 20101742c1 1 A bill to be entitled 2 An act relating to growth management; amending s. 3 163.3164, F.S.; defining the term “transit oriented 4 development”; amending s. 163.3180, F.S.; providing 5 for the expedited review of comprehensive plan 6 amendments that implement transportation concurrency 7 exception areas; accounting for the time value of 8 money for phased projects; providing for the sharing 9 of costs of mitigation for transportation concurrency; 10 amending s. 163.3182, F.S.; revising provisions 11 relating to transportation concurrency backlog 12 authorities; providing for certain landowners or 13 developers to request a transportation concurrency 14 backlog area for a development area; amending s. 15 380.06, F.S.; exempting transit oriented developments 16 from review of transportation impacts in the 17 development-of-regional-impact process; providing a 18 legislative declaration of important state interest; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (35) is added to section 163.3164, 24 Florida Statutes, to read: 25 163.3164 Local Government Comprehensive Planning and Land 26 Development Regulation Act; definitions.—As used in this act: 27 (35) “Transit oriented development” means a project or 28 projects in areas that may be served by existing or anticipated 29 transit service and are compact, mixed-use, interconnected, and 30 pedestrian and bicycle friendly communities designed to reduce 31 per capita greenhouse gas emissions and vehicular trips and 32 include the densities, intensities, and amenities needed to 33 support frequent transit service on identified or dedicated 34 transit facilities that enable an individual to live, work, 35 play, and shop in a community without the need to rely solely on 36 a motor vehicle for mobility. 37 Section 2. Paragraph (a) of subsection (12) of section 38 163.3180, Florida Statutes, is amended, and paragraph (h) is 39 added to subsection (5) of that section and subsection (18) is 40 added that section, to read: 41 163.3180 Concurrency.— 42 (5) 43 (h) Any proposed comprehensive plan amendment directly 44 related to the creation of a transportation concurrency 45 exception area is exempt from s. 163.3187(1) and may use the 46 alternative state review process in s. 163.32465. 47 (12)(a) A development of regional impact may satisfy the 48 transportation concurrency requirements of the local 49 comprehensive plan, the local government’s concurrency 50 management system, and s. 380.06 by payment of a proportionate 51 share contribution for local and regionally significant traffic 52 impacts, if: 53 1. The development of regional impact which, based on its 54 location or mix of land uses, is designed to encourage 55 pedestrian or other nonautomotive modes of transportation; 56 2. The proportionate-share contribution for local and 57 regionally significant traffic impacts is sufficient to pay for 58 one or more required mobility improvements that will benefit a 59 regionally significant transportation facility; 60 3. The owner and developer of the development of regional 61 impact pays or assures payment of the proportionate-share 62 contribution; and 63 4. If the regionally significant transportation facility to 64 be constructed or improved is under the maintenance authority of 65 a governmental entity, as defined by s. 334.03(12), other than 66 the local government with jurisdiction over the development of 67 regional impact, the developer is required to enter into a 68 binding and legally enforceable commitment to transfer funds to 69 the governmental entity having maintenance authority or to 70 otherwise assure construction or improvement of the facility. 71 72 The proportionate-share contribution may be applied to any 73 transportation facility to satisfy the provisions of this 74 subsection and the local comprehensive plan, but, for the 75 purposes of this subsection, the amount of the proportionate 76 share contribution shall be calculated based upon the cumulative 77 number of trips from the proposed development expected to reach 78 roadways during the peak hour from the complete buildout of a 79 stage or phase being approved, divided by the change in the peak 80 hour maximum service volume of roadways resulting from 81 construction of an improvement necessary to maintain the adopted 82 level of service, multiplied by the construction cost, at the 83 time of developer payment, of the improvement necessary to 84 maintain the adopted level of service. If the number of trips 85 used to calculate the proportionate-share contribution includes 86 trips from an earlier phase of the development, the 87 determination of mitigation for the subsequent phase of 88 development shall account for any mitigation required by the 89 development order and provided by the developer for the earlier 90 phase, calculated at present value. For purposes of this 91 paragraph, the term “present value” means the fair market value 92 of a right-of-way at the time of contribution and, if 93 applicable, the actual dollar value of the construction 94 improvements on the date of completion as adjusted by the 95 Consumer Price Index. For purposes of this subsection, 96 “construction cost” includes all associated costs of the 97 improvement. Proportionate-share mitigation shall be limited to 98 ensure that a development of regional impact meeting the 99 requirements of this subsection mitigates its impact on the 100 transportation system but is not responsible for the additional 101 cost of reducing or eliminating backlogs. This subsection also 102 applies to Florida Quality Developments pursuant to s. 380.061 103 and to detailed specific area plans implementing optional sector 104 plans pursuant to s. 163.3245. 105 (18) The costs of mitigation for transportation impacts 106 shall be distributed to all affected jurisdictions by the local 107 government having jurisdiction over project or development 108 approval. Distribution shall be proportionate to the percentage 109 of the total transportation mitigation costs incurred by an 110 affected jurisdiction unless otherwise agreed to by the effected 111 jurisdictions. Any dispute between jurisdictions shall be 112 resolved pursuant to the governmental dispute process in chapter 113 164. 114 Section 3. Present paragraphs (b) and (c) of subsection (2) 115 of section 163.3182, Florida Statutes, are redesignated as 116 paragraphs (c) and (d), respectively, and a new paragraph (b) is 117 added to that subsection, to read: 118 163.3182 Transportation concurrency backlogs.— 119 (2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG 120 AUTHORITIES.— 121 (b) A landowner or developer within a transit oriented 122 development of 100 or more cumulative acres or a large-scale 123 development area of 500 cumulative acres or more may request 124 that the local government establish a transportation concurrency 125 backlog area for roadways significantly affected by traffic 126 impacts resulting from the development if those roadways are or 127 will be backlogged as defined by s. 163.3180(12)(b) and (16)(i). 128 The local government shall designate the transportation 129 concurrency backlog area by ordinance if a development order is 130 issued or a comprehensive plan amendment is approved within the 131 development area and the funding provided is sufficient to 132 address one or more transportation mobility improvements 133 necessary to satisfy the additional deficiencies coexisting or 134 anticipated as a result of the new development. The 135 transportation concurrency backlog area shall be used to satisfy 136 all proportionate-share or proportionate fair-share 137 transportation concurrency contributions of the development not 138 otherwise satisfied by impact fees. The local government shall 139 manage the area by acting as a transportation concurrency 140 backlog authority. The applicable provisions of this section 141 shall apply except that the tax increment shall be used to 142 satisfy transportation concurrency requirements not otherwise 143 satisfied by impact fees. 144 Section 4. Paragraph (u) is added to subsection (24) of 145 section 380.06, Florida Statutes, to read: 146 380.06 Developments of regional impact.— 147 (24) STATUTORY EXEMPTIONS.— 148 (u) Any transit oriented development as defined in s. 149 163.3164 incorporated into the county or municipality 150 comprehensive plan that has adopted land use and transportation 151 strategies to support and fund mobility, including alternative 152 modes of transportation, is exempt from review for 153 transportation impacts conducted pursuant to this section. This 154 paragraph does not apply to areas: 155 1. Within the boundary of any area of critical state 156 concern designated pursuant to s. 380.05; 157 2. Within the boundary of the Wekiva Study Area as 158 described in s. 369.316; or 159 3. Within 2 miles of the boundary of the Everglades 160 Protection Area as described in s. 373.4592(2). 161 162 If a use is exempt from review as a development of regional 163 impact under paragraphs (a)-(s), but will be part of a larger 164 project that is subject to review as a development of regional 165 impact, the impact of the exempt use must be included in the 166 review of the larger project, unless such exempt use involves a 167 development of regional impact that includes a landowner, 168 tenant, or user that has entered into a funding agreement with 169 the Office of Tourism, Trade, and Economic Development under the 170 Innovation Incentive Program and the agreement contemplates a 171 state award of at least $50 million. 172 Section 5. The Legislature finds that this act fulfills an 173 important state interest. 174 Section 6. This act shall take effect July 1, 2010.
