Bill Summary – FastDemocracy

       Florida Senate - 2024                                    SB 1110
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00675B-24                                          20241110__
                      A bill to be entitled                      
       An act relating to land development; amending s.
       163.3167, F.S.; revising the scope of power and
       responsibility of municipalities and counties under
       the Community Planning Act; amending s. 163.3180,
       F.S.; modifying requirements for local governments
       implementing a transportation concurrency system;
       amending s. 163.31801, F.S.; revising legislative
       intent with respect to the adoption of impact fees by
       special districts; clarifying circumstances under
       which a local government or special district must
       credit certain contributions toward the collection of
       an impact fee; deleting a provision that exempts water
       and sewer connection fees from the Florida Impact Fee
       Act; amending s. 380.06, F.S.; revising exceptions
       from provisions governing credits against local impact
       fees; revising procedures regarding local government
       review of changes to previously approved developments
       of regional impact; specifying types of changes that
       are not subject to local government review;
       authorizing changes to multimodal pathways, or the
       substitution of such pathways, in previously approved
       developments of regional impact if certain conditions
       are met; specifying that certain changes to
       comprehensive plan policies and land development
       regulations do not apply to a development of regional
       impact that has vested rights; revising acts that are
       deemed to constitute an act of reliance by a developer
       to vest rights; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âSubsection (1) of section 163.3167, Florida
Statutes, is amended to read:
       163.3167âScope of act.â
       (1)âNotwithstanding any other provision of general law, the
several incorporated municipalities and counties shall have
exclusive power and responsibility:
       (a)âTo plan for their future development and growth.
       (b)âTo adopt and amend comprehensive plans, or elements or
portions thereof, to guide their future development and growth.
       (c)âTo implement adopted or amended comprehensive plans by
the adoption of appropriate land development regulations or
elements thereof.
       (d)âTo evaluate transportation impacts, apply concurrency,
or assess any fee related to transportation improvements.
       (e)âTo establish, support, and maintain administrative
instruments and procedures to carry out the provisions and
purposes of this act.

The powers and authority set out in this act may be employed by
municipalities and counties individually or jointly by mutual
agreement in accord with this act and in such combinations as
their common interests may dictate and require.
       Section 2.âParagraph (h) of subsection (5) of section
163.3180, Florida Statutes, is amended to read:
       163.3180âConcurrency.â
       (5)
       (h)1.âNotwithstanding any provision in a development order,
an agreement, a local comprehensive plan, or a local land
development regulation, local governments that continue to
implement a transportation concurrency system, whether in the
form adopted into the comprehensive plan before the effective
date of the Community Planning Act, chapter 2011-139, Laws of
Florida, or as subsequently modified, must:
       a.âConsult with the Department of Transportation when
proposed plan amendments affect facilities on the strategic
intermodal system.
       b.âExempt public transit facilities from concurrency. For
the purposes of this sub-subparagraph, public transit facilities
include transit stations and terminals; transit station parking;
park-and-ride lots; intermodal public transit connection or
transfer facilities; fixed bus, guideway, and rail stations; and
airport passenger terminals and concourses, air cargo
facilities, and hangars for the assembly, manufacture,
maintenance, or storage of aircraft. As used in this sub
subparagraph, the terms âterminalsâ and âtransit facilitiesâ do
not include seaports or commercial or residential development
constructed in conjunction with a public transit facility.
       c.âAllow an applicant for a development-of-regional-impact
development order, development agreement, rezoning, or other
land use development permit to satisfy the transportation
concurrency requirements of the local comprehensive plan, the
local governmentâs concurrency management system, and s. 380.06,
when applicable, if:
       (I)âThe applicant in good faith offers to enter into a
binding agreement to pay for or construct its proportionate
share of required improvements in a manner consistent with this
subsection.
       (II)âThe proportionate-share contribution or construction
is sufficient to accomplish one or more mobility improvements
that will benefit a regionally significant transportation
facility. A local government may accept contributions from
multiple applicants for a planned improvement if it maintains
contributions in a separate account designated for that purpose.
       d.âProvide the basis upon which the landowners will be
assessed a proportionate share of the cost addressing the
transportation impacts resulting from a proposed development.
       e.âCredit the fair market value of any land dedicated to a
governmental entity for transportation facilities against the
total proportionate share payments computed pursuant to this
section.
       2.âAn applicant is shall not be held responsible for the
additional cost of reducing or eliminating deficiencies. When an
applicant contributes or constructs its proportionate share
pursuant to this paragraph, a local government may not require
payment or construction of transportation facilities whose costs
would be greater than a developmentâs proportionate share of the
improvements necessary to mitigate the developmentâs impacts.
       a.âThe proportionate-share contribution shall be calculated
based upon the number of trips from the proposed development
expected to reach roadways during the peak hour from the stage
or phase being approved, divided by the change in the peak hour
maximum service volume of roadways resulting from construction
of an improvement necessary to maintain or achieve the adopted
level of service, multiplied by the construction cost, at the
time of development payment, of the improvement necessary to
maintain or achieve the adopted level of service.
       b.âIn using the proportionate-share formula provided in
this subparagraph, the applicant, in its traffic analysis, shall
identify those roads or facilities that have a transportation
deficiency in accordance with the transportation deficiency as
defined in subparagraph 4. The proportionate-share formula
provided in this subparagraph shall be applied only to those
facilities that are determined to be significantly impacted by
the project traffic under review. If any road is determined to
be transportation deficient without the project traffic under
review, the costs of correcting that deficiency shall be removed
from the projectâs proportionate-share calculation and the
necessary transportation improvements to correct that deficiency
shall be considered to be in place for purposes of the
proportionate-share calculation. The improvement necessary to
correct the transportation deficiency is the funding
responsibility of the entity that has maintenance responsibility
for the facility. The developmentâs proportionate share shall be
calculated only for the needed transportation improvements that
are greater than the identified deficiency.
       c.âWhen the provisions of subparagraph 1. and this
subparagraph have been satisfied for a particular stage or phase
of development, all transportation impacts from that stage or
phase for which mitigation was required and provided shall be
deemed fully mitigated in any transportation analysis for a
subsequent stage or phase of development. Trips from a previous
stage or phase that did not result in impacts for which
mitigation was required or provided may be cumulatively analyzed
with trips from a subsequent stage or phase to determine whether
an impact requires mitigation for the subsequent stage or phase.
       d.âIn projecting the number of trips to be generated by the
development under review, any trips assigned to a toll-financed
facility shall be eliminated from the analysis.
       e.âThe applicant shall receive a credit on a dollar-for
dollar basis for impact fees, mobility fees, and other
transportation concurrency mitigation requirements paid or
payable in the future for the project. The credit shall be
reduced up to 20 percent by the percentage share that the
projectâs traffic represents of the added capacity of the
selected improvement, or by the amount specified by local
ordinance, whichever yields the greater credit.
       3.âThis subsection does not require a local government to
approve a development that, for reasons other than
transportation impacts, is not qualified for approval pursuant
to the applicable local comprehensive plan and land development
regulations.
       4.âAs used in this subsection, the term âtransportation
deficiencyâ means a facility or facilities on which the adopted
level-of-service standard is exceeded by the existing,
committed, and vested trips, plus additional projected
background trips from any source other than the development
project under review, and trips that are forecast by established
traffic standards, including traffic modeling, consistent with
the University of Floridaâs Bureau of Economic and Business
Research medium population projections. Additional projected
background trips are to be coincident with the particular stage
or phase of development under review.
       Section 3.âSubsection (2), paragraph (a) of subsection (5),
and subsection (12) of section 163.31801, Florida Statutes, are
amended to read:
       163.31801âImpact fees; short title; intent; minimum
requirements; audits; challenges.â
       (2)âThe Legislature finds that impact fees are an important
source of revenue for a local government to use in funding the
infrastructure necessitated by new growth. The Legislature
further finds that impact fees are an outgrowth of the home rule
power of a local government to provide certain services within
its jurisdiction. Due to the growth of impact fee collections
and local governmentsâ reliance on impact fees, it is the intent
of the Legislature to ensure that, when a county or municipality
adopts an impact fee by ordinance or a special district, if
authorized by its special act, adopts an impact fee by
resolution, the governing authority complies with this section.
       (5)(a)âNotwithstanding any charter provision, comprehensive
plan policy, ordinance, development order, development permit,
agreement, or resolution to the contrary, the local government
or special district must credit against the collection of the
impact fee any contribution, whether identified in an a
proportionate share agreement or other form of exaction, related
to public facilities or infrastructure, including land
dedication, site planning and design, or construction. Any
contribution must be applied on a dollar-for-dollar basis at
fair market value to reduce any impact fee collected for the
general category or class of public facilities or infrastructure
for which the contribution was made.
       (12)âThis section does not apply to water and sewer
connection fees.
       Section 4.âParagraph (d) of subsection (5) and subsections
(7) and (8) of section 380.06, Florida Statutes, are amended to
read:
       380.06âDevelopments of regional impact.â
       (5)âCREDITS AGAINST LOCAL IMPACT FEES.â
       (d)âThis subsection does not apply to internal, private
onsite facilities required by local regulations or to any
offsite facilities to the extent that such facilities are
necessary to provide safe and adequate services solely to the
development and not the general public.
       (7)âCHANGES.â
       (a)âNotwithstanding any provision to the contrary in any
development order, agreement, local comprehensive plan, or local
land development regulation, this section applies to all any
proposed changes change to a previously approved development of
regional impact. shall be reviewed by The local government must
base its review based on the standards and procedures in its
adopted local comprehensive plan and adopted local land
development regulations, including, but not limited to,
procedures for notice to the applicant and the public regarding
the issuance of development orders. However, a change to a
development of regional impact that has the effect of reducing
the originally approved height, density, or intensity of the
development or that changes only the location, types, or acreage
of uses and infrastructure must be administratively approved and
is not subject to review by the local government. The local
government review of any proposed change to a previously
approved development of regional impact and of any development
order required to construct the development set forth in the
development of regional impact must be reviewed by the local
government based on the standards in the local comprehensive
plan at the time the development was originally approved, and if
the development would have been consistent with the
comprehensive plan in effect when the development was originally
approved, the local government may approve the change. If the
revised development is approved, the developer may proceed as
provided in s. 163.3167(5). For any proposed change to a
previously approved development of regional impact, at least one
public hearing must be held on the application for change, and
any change must be approved by the local governing body before
it becomes effective. The review must abide by any prior
agreements or other actions vesting the laws and policies
governing the development. Development within the previously
approved development of regional impact may continue, as
approved, during the review in portions of the development which
are not directly affected by the proposed change.
       (b)âThe local government shall either adopt an amendment to
the development order that approves the application, with or
without conditions, or deny the application for the proposed
change. Any new conditions in the amendment to the development
order issued by the local government may address only those
impacts directly created by the proposed change, and must be
consistent with s. 163.3180(5), the adopted comprehensive plan,
and adopted land development regulations. Changes to a phase
date, buildout date, expiration date, or termination date may
also extend any required mitigation associated with a phased
construction project so that mitigation takes place in the same
timeframe relative to the impacts as approved.
       (c)âThis section is not intended to alter or otherwise
limit the extension, previously granted by statute, of a
commencement, buildout, phase, termination, or expiration date
in any development order for an approved development of regional
impact and any corresponding modification of a related permit or
agreement. Any such extension is not subject to review or
modification in any future amendment to a development order
pursuant to the adopted local comprehensive plan and adopted
local land development regulations.
       (d)âAny proposed change to a previously approved
development of regional impact showing a dedicated multimodal
pathway suitable for bicycles, pedestrians, and low-speed
vehicles, as defined in s. 320.01, along any internal roadway
must be approved so long as the right-of-way remains sufficient
for the ultimate number of lanes of the internal road. Any
proposed change to a previously approved development of regional
impact which