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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to land development; amending s. 2
163.3167, F.S.; revising the scope of power and 3
responsibility of municipalities and counties under 4
the Community Planning Act; amending s. 163.3180, 5
F.S.; modifying requirements for local governments 6
implementing a transportation concurrency system; 7
amending s. 163.31801, F.S.; revising legislative 8
intent with respect to the adoption of impact fees by 9
special districts; clarifying circumstances under 10
which a local government or special district must 11
credit certain contributions toward the collection of 12
an impact fee; deleting a provision that exempts water 13
and sewer connection fees from the Florida Impac t Fee 14
Act; amending s. 380.06, F.S.; revising exceptions 15
from provisions governing credits against local impact 16
fees; revising procedures regarding local government 17
review of changes to previously approved developments 18
of regional impact; specifying change s that are not 19
subject to local government review; authorizing 20
changes to multimodal pathways, or the substitution of 21
such pathways, in previously approved developments of 22
regional impact if certain conditions are met; 23
specifying that certain changes to co mprehensive plan 24
policies and land development regulations do not apply 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to proposed changes to an approved development of 26
regional impact or to development orders required to 27
implement the approved development of regional impact; 28
revising acts that are dee med to constitute an act of 29
reliance by a developer to vest rights; providing an 30
effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Subsection (1) of section 163.3167, Florida 35
Statutes, is amended to read: 36
163.3167 Scope of act. — 37
(1) Notwithstanding any other provision of general law, 38
the several incorporated municipalities and counties shall have 39
exclusive power and responsibility: 40
(a) To plan for their future development and growth. 41
(b) To adopt and am end comprehensive plans, or elements or 42
portions thereof, to guide their future development and growth. 43
(c) To implement adopted or amended comprehensive plans by 44
the adoption of appropriate land development regulations or 45
elements thereof. 46
(d) To evaluate transportation impacts, apply concurrency, 47
or assess any fee related to transportation improvements. 48
(e) To establish, support, and maintain administrative 49
instruments and procedures to carry out the provisions and 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
purposes of this act. 51
52
The powers and authority set out in this act may be employed by 53
municipalities and counties individually or jointly by mutual 54
agreement in accord with this act and in such combinations as 55
their common interests may dictate and require. 56
Section 2. Paragraph (h) of subsection (5) of section 57
163.3180, Florida Statutes, is amended to read: 58
163.3180 Concurrency. — 59
(5) 60
(h)1. Notwithstanding any provision in a development 61
order, an agreement, a local comprehensive plan, or a local land 62
development regulation, local governments that continue to 63
implement a transportation concurrency system, whether in the 64
form adopted into the comprehensive plan before the effective 65
date of the Community Planning Act, chapter 2011 -139, Laws of 66
Florida, or as subsequently modifi ed, must: 67
a. Consult with the Department of Transportation when 68
proposed plan amendments affect facilities on the strategic 69
intermodal system. 70
b. Exempt public transit facilities from concurrency. For 71
the purposes of this sub -subparagraph, public trans it facilities 72
include transit stations and terminals; transit station parking; 73
park-and-ride lots; intermodal public transit connection or 74
transfer facilities; fixed bus, guideway, and rail stations; and 75
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airport passenger terminals and concourses, air carg o 76
facilities, and hangars for the assembly, manufacture, 77
maintenance, or storage of aircraft. As used in this sub -78
subparagraph, the terms "terminals" and "transit facilities" do 79
not include seaports or commercial or residential development 80
constructed in conjunction with a public transit facility. 81
c. Allow an applicant for a development -of-regional-impact 82
development order, development agreement, rezoning, or other 83
land use development permit to satisfy the transportation 84
concurrency requirements of the l ocal comprehensive plan, the 85
local government's concurrency management system, and s. 380.06, 86
when applicable, if: 87
(I) The applicant in good faith offers to enter into a 88
binding agreement to pay for or construct its proportionate 89
share of required improv ements in a manner consistent with this 90
subsection. 91
(II) The proportionate -share contribution or construction 92
is sufficient to accomplish one or more mobility improvements 93
that will benefit a regionally significant transportation 94
facility. A local govern ment may accept contributions from 95
multiple applicants for a planned improvement if it maintains 96
contributions in a separate account designated for that purpose. 97
d. Provide the basis upon which the landowners will be 98
assessed a proportionate share of the cost addressing the 99
transportation impacts resulting from a proposed development. 100
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e. Credit the fair market value of any land dedicated to a 101
governmental entity for transportation facilities against the 102
total proportionate share payments computed pursua nt to this 103
section. 104
2. An applicant is shall not be held responsible for the 105
additional cost of reducing or eliminating deficiencies. When an 106
applicant contributes or constructs its proportionate share 107
pursuant to this paragraph, a local government may n ot require 108
payment or construction of transportation facilities whose costs 109
would be greater than a development's proportionate share of the 110
improvements necessary to mitigate the development's impacts. 111
a. The proportionate -share contribution shall be 112
calculated based upon the number of trips from the proposed 113
development expected to reach roadways during the peak hour from 114
the stage or phase being approved, divided by the change in the 115
peak hour maximum service volume of roadways resulting from 116
construction of an improvement necessary to maintain or achieve 117
the adopted level of service, multiplied by the construction 118
cost, at the time of development payment, of the improvement 119
necessary to maintain or achieve the adopted level of service. 120
b. In using the proportionate-share formula provided in 121
this subparagraph, the applicant, in its traffic analysis, shall 122
identify those roads or facilities that have a transportation 123
deficiency in accordance with the transportation deficiency as 124
defined in subparagraph 4. The proportionate -share formula 125
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provided in this subparagraph shall be applied only to those 126
facilities that are determined to be significantly impacted by 127
the project traffic under review. If any road is determined to 128
be transportation deficient withou t the project traffic under 129
review, the costs of correcting that deficiency shall be removed 130
from the project's proportionate -share calculation and the 131
necessary transportation improvements to correct that deficiency 132
shall be considered to be in place for purposes of the 133
proportionate-share calculation. The improvement necessary to 134
correct the transportation deficiency is the funding 135
responsibility of the entity that has maintenance responsibility 136
for the facility. The development's proportionate share shal l be 137
calculated only for the needed transportation improvements that 138
are greater than the identified deficiency. 139
c. When the provisions of subparagraph 1. and this 140
subparagraph have been satisfied for a particular stage or phase 141
of development, all trans portation impacts from that stage or 142
phase for which mitigation was required and provided shall be 143
deemed fully mitigated in any transportation analysis for a 144
subsequent stage or phase of development. Trips from a previous 145
stage or phase that did not resul t in impacts for which 146
mitigation was required or provided may be cumulatively analyzed 147
with trips from a subsequent stage or phase to determine whether 148
an impact requires mitigation for the subsequent stage or phase. 149
d. In projecting the number of trips to be generated by 150
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the development under review, any trips assigned to a toll -151
financed facility shall be eliminated from the analysis. 152
e. The applicant shall receive a credit on a dollar -for-153
dollar basis for impact fees, mobility fees, and other 154
transportation concurrency mitigation requirements paid or 155
payable in the future for the project. The credit shall be 156
reduced up to 20 percent by the percentage share that the 157
project's traffic represents of the added capacity of the 158
selected improvement, or by t he amount specified by local 159
ordinance, whichever yields the greater credit. 160
3. This subsection does not require a local government to 161
approve a development that, for reasons other than 162
transportation impacts, is not qualified for approval pursuant 163
to the applicable local comprehensive plan and land development 164
regulations. 165
4. As used in this subsection, the term "transportation 166
deficiency" means a facility or facilities on which the adopted 167
level-of-service standard is exceeded by the existing, 168
committed, and vested trips, plus additional projected 169
background trips from any source other than the development 170
project under review, and trips that are forecast by established 171
traffic standards, including traffic modeling, consistent with 172
the University of Fl orida's Bureau of Economic and Business 173
Research medium population projections. Additional projected 174
background trips are to be coincident with the particular stage 175
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or phase of development under review. 176
Section 3. Subsection (2), paragraph (a) of subse ction 177
(5), and subsection (12) of section 163.31801, Florida Statutes, 178
are amended to read: 179
163.31801 Impact fees; short title; intent; minimum 180
requirements; audits; challenges. — 181
(2) The Legislature finds that impact fees are an 182
important source of rev enue for a local government to use in 183
funding the infrastructure necessitated by new growth. The 184
Legislature further finds that impact fees are an outgrowth of 185
the home rule power of a local government to provide certain 186
services within its jurisdiction. D ue to the growth of impact 187
fee collections and local governments' reliance on impact fees, 188
it is the intent of the Legislature to ensure that, when a 189
county or municipality adopts an impact fee by ordinance or a 190
special district, if authorized by its speci al act, adopts an 191
impact fee by resolution, the governing authority complies with 192
this section. 193
(5)(a) Notwithstanding any charter provision, 194
comprehensive plan policy, ordinance, development order, 195
development permit, agreement, or resolution to the contrary, 196
the local government or special district must credit against the 197
collection of the impact fee any contribution, whether 198
identified in an a proportionate share agreement or other form 199
of exaction, related to public facilities or infrastructure, 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
including land dedication, site planning and design, or 201
construction. Any contribution must be applied on a dollar -for-202
dollar basis at fair market value to reduce any impact fee 203
collected for the general category or class of public facilities 204
or infrastructure for which the contribution was made. 205
(12) This section does not apply to water and sewer 206
connection fees. 207
Section 4. Paragraph (d) of subsection (5) and subsections 208
(7) and (8) of section 380.06, Florida Statutes, are amended to 209
read: 210
380.06 Developments of regional impact. — 211
(5) CREDITS AGAINST LOCAL IMPACT FEES. — 212
(d) This subsection does not apply to internal, private 213
onsite facilities required by local regulations or to any 214
offsite facilities to the extent that such facilities are 215
necessary to provide safe and adequate services solely to the 216
development and not the general public . 217
(7) CHANGES.— 218
(a) Notwithstanding any provision to the contrary in any 219
development order, agreement, local comprehensive plan, or local 220
land development regulatio n, this section applies to all any 221
proposed changes change to a previously approved development of 222
regional impact. shall be reviewed by The local government must 223
base its review based on the standards and procedures in its 224
adopted local comprehensive plan and adopted local land 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
development regulations, including, but not limited to, 226
procedures for notice to the applicant and the public regarding 227
the issuance of development orders. However, a change to a 228
development of regional impact that has the effect of reducing 229
the originally approved height, density, or intensity of the 230
development or that changes only the location or acreage of uses 231
and infrastructure or exchanges permitted uses must be 232
administratively approved and is not subject to review by the 233
local government. The local government review of any proposed 234
change to a previously approved development of regional impact 235
and of any development order required to construct the 236
development set forth in the development of regional impact must 237
be reviewed by the local government based on the standards in 238
the local comprehensive plan at the time the development was 239
originally approved, and if the development would have been 240
consistent with the comprehensive plan in effect when the 241
development was originally ap proved, the local government may 242
approve the change. If the revised development is approved, the 243
developer may proceed as provided in s. 163.3167(5). For any 244
proposed change to a previously approved development of regional 245
impact, at least one public heari ng must be held on the 246
application for change, and any change must be approved by the 247
local governing body before it becomes effective. The review 248
must abide by any prior agreements or other actions vesting the 249
laws and policies governing the development. Development within 250
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the previously approved development of regional impact may 251
continue, as approved, during the review in portions of the 252
development which are not directly affected by the proposed 253
change. 254
(b) The local government shall either adopt an a mendment 255
to the development order that approves the application, with or 256
without conditions, or deny the application for the proposed 257
change. Any new conditions in the amendment to the development 258
order issued by the local government may address only those 259
impacts directly created by the proposed change, and must be 260
consistent with s. 163.3180(5) , the adopted comprehensive plan, 261
and adopted land development regulations . Changes to a phase 262
date, buildout date, expiration date, or termination date may 263
also extend any required mitigation associated with a phased 264
construction project so that mitigation takes place in the same 265
timeframe relative to the impacts as approved. 266
(c) This section is not intended to alter or otherwise 267
limit the extension, previously gr anted by statute, of a 268
commencement, buildout, phase, termination, or expiration date 269
in any development order for an approved development of regional 270
impact and any corresponding modification of a related permit or 271
agreement. Any such extension is not sub ject to review or 272
modification in any future amendment to a development order 273
pursuant to the adopted local comprehensive plan and adopted 274
local land development regulations. 275
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(d) Any proposed change to a previously approved 276
development of regional impact showing a dedicated multimodal 277
pathway suitable for bicycles, pedestrians, and low -speed 278
vehicles, as defined in s. 320.01, along any internal roadway 279
must be approved so long as the right -of-way remains sufficient 280
for the ultimate number of lanes of the internal road. Any 281
proposed change to a previously approved development of regional 282
impact which proposes to substitute a multimodal pathway 283
suitable for bicycles, pedestrians, and low -speed vehicles, as 284
defined in s. 320.01, in lieu of an internal road must be 285
approved if the change does not result in any road within or 286
adjacent to the development of regional impact falling below the 287
local government's adopted level of service and does not 288
increase the original distribution of trips on any road analyzed 289
as part of the approved development of regional impact by more 290
than 20 percent. If the developer has already dedicated right -291
of-way to the local government for the proposed internal roadway 292
as part of the approval of the propose d change, the local 293
government must return any interest it may have in the right -of-294
way to the developer. 295
(8) VESTED RIGHTS.—Nothing in this section shall limit or 296
modify the rights of any person to complete any development that 297
was authorized by registr ation of a subdivision pursuant to 298
former chapter 498, by recordation pursuant to local subdivision 299
plat law, or by a building permit or other authorization to 300
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commence development on which there has been reliance and a 301
change of position and which registr ation or recordation was 302
accomplished, or which permit or authorization was issued, prior 303
to July 1, 1973. If a developer has, by his or her actions in 304
reliance on prior regulations, obtained vested or other legal 305
rights that in law would have prevented a local government from 306
changing those regulations in a way adverse to the developer's 307
interests, nothing in this chapter authorizes any governmental 308
agency to abridge those rights. Consistent with s. 163.3167(5), 309
comprehensive plan policies and land develop ment regulations 310
adopted after a development of regional impact has vested do not 311
apply to proposed changes to an approved development of regional 312
impact or to development orders required to implement the 313
approved development of regional impact. 314
(a) For the purpose of determining the vesting of rights 315
under this subsection, approval pursuant to local subdivision 316
plat law, ordinances, or regulations of a subdivision plat by 317
formal vote of a county or municipal governmental body having 318
jurisdiction after Au gust 1, 1967, and prior to July 1, 1973, is 319
sufficient to vest all property rights for the purposes of this 320
subsection; and no action in reliance on, or change of position 321
concerning, such local governmental approval is required for 322
vesting to take place. Anyone claiming vested rights under this 323
paragraph must notify the department in writing by January 1, 324
1986. Such notification shall include information adequate to 325
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document the rights established by this subsection. When such 326
notification requirements are met, in order for the vested 327
rights authorized pursuant to this paragraph to remain valid 328
after June 30, 1990, development of the vested plan must be 329
commenced prior to that date upon the property that the state 330
land planning agency has determined to have acquired vested 331
rights following the notification or in a binding letter of 332
interpretation. When the notification requirements have not been 333
met, the vested rights authorized by this paragraph shall expire 334
June 30, 1986, unless development commenced prior to that date. 335
(b) For the purpose of this act, the conveyance of 336
property or compensation , or the agreement to convey , property 337
or compensation, to the county, state, or local government as a 338
prerequisite to zoning change approval shall be construed as an 339
act of reliance to vest rights as determined under this 340
subsection, provided such zoning change is actually granted by 341
such government. 342
Section 5. This act shall take effect upon becoming a law. 343