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.
