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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
125.01, F.S.; revising the powers of counties to 3
include hearing appeals from municipal historic 4
preservation boards; creating s. 163.046, F.S.; 5
prohibiting local governments from requiring specified 6
documents or a fee for tree pruning, trimming, or 7
removal on certain properties; prohibiting local 8
governments from requiring property owners to replant 9
trees pruned, trimmed, or removed on certain 10
properties; amending s. 163.3180, F.S.; modifying 11
requirements for local governments implementing a 12
transportation concurrency system; amending s. 13
163.31801, F.S.; revising legislative intent with 14
respect to the adoption of impact fees by special 15
districts; clarifying circumstances under which a 16
local government or spec ial district must credit 17
certain contributions toward the collection of an 18
impact fee; creating s. 166.04152, F.S.; prescribing 19
manner for appealing final order or decision made by a 20
municipal historic preservation board; requiring the 21
board of county comm issioners to hold a public 22
hearing; authorizing the board of county commissioners 23
to approve or reject a final order or decision; 24
providing that appeal to board of county commissioners 25
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is supplemental to all other remedies available under 26
law; amending s. 380.06, F.S.; revising exceptions 27
from provisions governing credits against local impact 28
fees; revising procedures regarding local government 29
review of changes to previously approved developments 30
of regional impact; specifying changes that are not 31
subject to local government review; authorizing 32
changes to multimodal pathways, or the substitution of 33
such pathways, in previously approved developments of 34
regional impact if certain conditions are met; 35
specifying that certain changes to comprehensive plan 36
policies and land development regulations do not apply 37
to proposed changes to an approved development of 38
regional impact or to development orders required to 39
implement the approved development of regional impact; 40
revising acts that are deemed to constitute an ac t of 41
reliance by a developer to vest rights; providing an 42
effective date. 43
44
Be It Enacted by the Legislature of the State of Florida: 45
46
Section 1. Paragraph (dd) is added to subsection (1) of 47
section 125.01, Florida Statutes, to read: 48
125.01 Powers and duties.— 49
(1) The legislative and governing body of a county shall 50
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have the power to carry on county government. To the extent not 51
inconsistent with general or special law, this power includes, 52
but is not restricted to, the power to: 53
(dd) Hear appeals of final orders and decisions of 54
municipal historic preservation boards as provided in s. 55
166.04152. 56
Section 2. Section 163.046, Florida Statutes, is created 57
to read: 58
163.046 Tree pruning, trimming, or removal; property used 59
for veterans health care facilities.- 60
(1) A local government may not require a notice, 61
application, approval, permit, fee, or mitigation for the 62
pruning, trimming, or removal of a tree on property being used 63
for the construction or development of a veterans health care 64
facility, as approved by the United States Department of 65
Veterans Affairs. 66
(2) A local government may not require a property owner to 67
replant a tree that was pruned, trimmed, or removed in 68
accordance with this section. 69
Section 3. Paragraphs (a) through (i) of subsection (5) of 70
section 163.3180, Florida Statutes, are redesignated as 71
paragraphs (b) through (j), respectively, present paragraphs (h) 72
and (i) are amended, and a new paragraph (a) is added to that 73
subsection, to read: 74
163.3180 Concurrency. — 75
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(5)(a) Local governments shall have exclusive power and 76
responsibility to evaluate transportation impacts, apply 77
concurrency, and assess any fee related to transportation 78
improvements set forth in this subsection. 79
(i)(h)1. Notwithstanding any provision i n a development 80
order, an agreement, a local comprehensive plan, or a local land 81
development regulation, local governments that continue to 82
implement a transportation concurrency system, whether in the 83
form adopted into the comprehensive plan before the ef fective 84
date of the Community Planning Act, chapter 2011 -139, Laws of 85
Florida, or as subsequently modified, must: 86
a. Consult with the Department of Transportation when 87
proposed plan amendments affect facilities on the strategic 88
intermodal system. 89
b. Exempt public transit facilities from concurrency. For 90
the purposes of this sub -subparagraph, public transit facilities 91
include transit stations and terminals; transit station parking; 92
park-and-ride lots; intermodal public transit connection or 93
transfer facilities; fixed bus, guideway, and rail stations; and 94
airport passenger terminals and concourses, air cargo 95
facilities, and hangars for the assembly, manufacture, 96
maintenance, or storage of aircraft. As used in this sub -97
subparagraph, the terms "terminals" and "transit facilities" do 98
not include seaports or commercial or residential development 99
constructed in conjunction with a public transit facility. 100
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c. Allow an applicant for a development -of-regional-impact 101
development order, development agreement, rezo ning, or other 102
land use development permit to satisfy the transportation 103
concurrency requirements of the local comprehensive plan, the 104
local government's concurrency management system, and s. 380.06, 105
when applicable, if: 106
(I) The applicant in good faith o ffers to enter into a 107
binding agreement to pay for or construct its proportionate 108
share of required improvements in a manner consistent with this 109
subsection. 110
(II) The proportionate -share contribution or construction 111
is sufficient to accomplish one or mor e mobility improvements 112
that will benefit a regionally significant transportation 113
facility. A local government may accept contributions from 114
multiple applicants for a planned improvement if it maintains 115
contributions in a separate account designated for th at purpose. 116
d. Provide the basis upon which the landowners will be 117
assessed a proportionate share of the cost addressing the 118
transportation impacts resulting from a proposed development. 119
e. Credit the fair market value of any land dedicated to a 120
governmental entity for transportation facilities against the 121
total proportionate share payments computed pursuant to this 122
section. 123
2. An applicant is shall not be held responsible for the 124
additional cost of reducing or eliminating deficiencies. When an 125
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applicant contributes or constructs its proportionate share 126
pursuant to this paragraph, a local government may not require 127
payment or construction of transportation facilities whose costs 128
would be greater than a development's proportionate share of the 129
improvements necessary to mitigate the development's impacts. 130
a. The proportionate -share contribution shall be 131
calculated based upon the number of trips from the proposed 132
development expected to reach roadways during the peak hour from 133
the stage or phase being ap proved, divided by the change in the 134
peak hour maximum service volume of roadways resulting from 135
construction of an improvement necessary to maintain or achieve 136
the adopted level of service, multiplied by the construction 137
cost, at the time of development p ayment, of the improvement 138
necessary to maintain or achieve the adopted level of service. 139
b. In using the proportionate -share formula provided in 140
this subparagraph, the applicant, in its traffic analysis, shall 141
identify those roads or facilities that hav e a transportation 142
deficiency in accordance with the transportation deficiency as 143
defined in subparagraph 4. The proportionate -share formula 144
provided in this subparagraph shall be applied only to those 145
facilities that are determined to be significantly imp acted by 146
the project traffic under review. If any road is determined to 147
be transportation deficient without the project traffic under 148
review, the costs of correcting that deficiency shall be removed 149
from the project's proportionate -share calculation and th e 150
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necessary transportation improvements to correct that deficiency 151
shall be considered to be in place for purposes of the 152
proportionate-share calculation. The improvement necessary to 153
correct the transportation deficiency is the funding 154
responsibility of the entity that has maintenance responsibility 155
for the facility. The development's proportionate share shall be 156
calculated only for the needed transportation improvements that 157
are greater than the identified deficiency. 158
c. When the provisions of subparagr aph 1. and this 159
subparagraph have been satisfied for a particular stage or phase 160
of development, all transportation impacts from that stage or 161
phase for which mitigation was required and provided shall be 162
deemed fully mitigated in any transportation analys is for a 163
subsequent stage or phase of development. Trips from a previous 164
stage or phase that were not analyzed did not result in impacts 165
for which mitigation was required or provided may be 166
cumulatively analyzed with trips from a subsequent stage or 167
phase to determine whether an impact requires mitigation for the 168
subsequent stage or phase . 169
d. In projecting the number of trips to be generated by 170
the development under review, any trips assigned to a toll -171
financed facility shall be eliminated from the analys is. 172
e. The applicant shall receive a credit on a dollar -for-173
dollar basis for impact fees, mobility fees, and other 174
transportation concurrency mitigation requirements paid or 175
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payable in the future for the project. The credit shall be 176
reduced up to 20 perc ent by the percentage share that the 177
project's traffic represents of the added capacity of the 178
selected improvement, or by the amount specified by local 179
ordinance, whichever yields the greater credit. 180
3. This subsection does not require a local governmen t to 181
approve a development that, for reasons other than 182
transportation impacts, is not qualified for approval pursuant 183
to the applicable local comprehensive plan and land development 184
regulations. 185
4. As used in this subsection, the term "transportation 186
deficiency" means a facility or facilities on which the adopted 187
level-of-service standard is exceeded by the existing, 188
committed, and vested trips, plus additional projected 189
background trips from any source other than the development 190
project under review, an d trips that are forecast by established 191
traffic standards, including traffic modeling, consistent with 192
the University of Florida's Bureau of Economic and Business 193
Research medium population projections. Additional projected 194
background trips are to be coin cident with the particular stage 195
or phase of development under review. 196
(j)(i) If a local government elects to repeal 197
transportation concurrency, it is encouraged to adopt an 198
alternative mobility funding system that uses one or more of the 199
tools and techniques identified in paragraph (g)(f). Any 200
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alternative mobility funding system adopted may not be used to 201
deny, time, or phase an application for site plan approval, plat 202
approval, final subdivision approval, building permits, or the 203
functional equivalent o f such approvals provided that the 204
developer agrees to pay for the development's identified 205
transportation impacts via the funding mechanism implemented by 206
the local government. The revenue from the funding mechanism 207
used in the alternative system must be used to implement the 208
needs of the local government's plan which serves as the basis 209
for the fee imposed. A mobility fee -based funding system must 210
comply with s. 163.31801 governing impact fees. An alternative 211
system that is not mobility fee -based shall not be applied in a 212
manner that imposes upon new development any responsibility for 213
funding an existing transportation deficiency as defined in 214
paragraph (i)(h). 215
Section 4. Subsection (2) and paragraph (a) of subsection 216
(5) of section 163.31801, Florida Statutes, are amended to read: 217
163.31801 Impact fees; short title; intent; minimum 218
requirements; audits; challenges. — 219
(2) The Legislature finds that impact fees are an 220
important source of revenue for a local government to use in 221
funding the infrastruct ure necessitated by new growth. The 222
Legislature further finds that impact fees are an outgrowth of 223
the home rule power of a local government to provide certain 224
services within its jurisdiction. Due to the growth of impact 225
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fee collections and local governme nts' reliance on impact fees, 226
it is the intent of the Legislature to ensure that, when a 227
county or municipality adopts an impact fee by ordinance or a 228
special district, if authorized by its special act, adopts an 229
impact fee by resolution, the governing aut hority complies with 230
this section. 231
(5)(a) Notwithstanding any charter provision, 232
comprehensive plan policy, ordinance, development order, 233
development permit, agreement, or resolution to the contrary, 234
the local government or special district must credit a gainst the 235
collection of the impact fee any contribution, whether 236
identified in an a proportionate share agreement or other form 237
of exaction, related to public facilities or infrastructure, 238
including land dedication, site planning and design, or 239
construction. Any contribution must be applied on a dollar -for-240
dollar basis at fair market value to reduce any impact fee 241
collected for the general category or class of public facilities 242
or infrastructure for which the contribution was made. 243
Section 5. Section 1 66.04152, Florida Statutes, is created 244
to read: 245
166.04152 Final orders and decisions of municipal historic 246
preservation boards. - 247
(1) Notwithstanding any local charter, ordinance, or 248
regulation to the contrary, any final order or decision made by 249
an historic preservation board established pursuant to municipal 250
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charter or ordinance may be appealed to the board of county 251
commissioners of the county in which the municipality is 252
located. 253
(2) The board of county commissioners shall hold a public 254
hearing on the appeal within 30 days of receipt of the appeal. 255
(3) The board of county commissioners, after the public 256
hearing, may approve or reject the final order or decision. The 257
determination of the board of county commissioners is final. 258
(4) This section is supplemental to all other remedies 259
available under law. 260
Section 6. Paragraph (d) of subsection (5) and subsections 261
(7) and (8) of section 380.06, Florida Statutes, are amended to 262
read: 263
380.06 Developments of regional impact. — 264
(5) CREDITS AGAINST L OCAL IMPACT FEES.— 265
(d) This subsection does not apply to internal, private 266
onsite facilities required by local regulations or to any 267
offsite facilities to the extent that such facilities are 268
necessary to provide safe and adequate services solely to the 269
development and not the general public . 270
(7) CHANGES.— 271
(a) Notwithstanding any provision to the contrary in any 272
development order, agreement, local comprehensive plan, or local 273
land development regulation, this section applies to all any 274
proposed changes change to a previously approved development of 275
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regional impact. shall be reviewed by The local government must 276
base its review based on the standards and procedures in its 277
adopted local comprehensive plan and adopted local land 278
development regulations, including, but not limited to, 279
procedures for notice to the applicant and the public regarding 280
the issuance of development orders. Howe ver, a change to a 281
development of regional impact that has the effect of reducing 282
the originally approved height, density, or intensity of the 283
development or that changes only the location or acreage of uses 284
and infrastructure or exchanges permitted uses m ust be 285
administratively approved and is not subject to review by the 286
local government. The local government review of any proposed 287
change to a previously approved development of regional impact 288
and of any development order required to construct the 289
development set forth in the development of regional impact must 290
be reviewed by the local government based on the standards in 291
the local comprehensive plan at the time the development was 292
originally approved, and if the development would have been 293
consistent with the comprehensive plan in effect when the 294
development was originally approved, the local government may 295
approve the change. If the revised development is approved, the 296
developer may proceed as provided in s. 163.3167(5). For any 297
proposed change to a previ ously approved development of regional 298
impact, at least one public hearing must be held on the 299
application for change, and any change must be approved by the 300
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local governing body before it becomes effective. The review 301
must abide by any prior agreements or other actions vesting the 302
laws and policies governing the development. Development within 303
the previously approved development of regional impact may 304
continue, as approved, during the review in portions of the 305
development which are not directly affected by the proposed 306
change. 307
(b) The local government shall either adopt an amendment 308
to the development order that approves the application, with or 309
without conditions, or deny the application for the proposed 310
change. Any new conditions in the amendment to the development 311
order issued by the local government may address only those 312
impacts directly created by the proposed change, and must be 313
consistent with s. 163.3180(5) , the adopted comprehensive plan, 314
and adopted land development regulations . Changes to a phase 315
date, buildout date, expiration date, or termination date may 316
also extend any required mitigation associated with a phased 317
construction project so that mitigation takes place in the same 318
timeframe relative to the impacts as approved. 319
(c) This section is not intended to alter or otherwise 320
limit the extension, previously granted by statute, of a 321
commencement, buildout, phase, termination, or expiration date 322
in any development order for an approved development of regional 323
impact and any corresponding modi fication of a related permit or 324
agreement. Any such extension is not subject to review or 325
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modification in any future amendment to a development order 326
pursuant to the adopted local comprehensive plan and adopted 327
local land development regulations. 328
(d) Any proposed change to a previously approved 329
development of regional impact showing a dedicated multimodal 330
pathway suitable for bicycles, pedestrians, and low -speed 331
vehicles, as defined in s. 320.01(41), along any internal 332
roadway must be approved so long as the right-of-way remains 333
sufficient for the ultimate number of lanes of the internal 334
roadway. Any proposed change to a previously approved 335
development of regional impact which proposes to substitute a 336
multimodal pathway suitable for bicycles, pedestrians, and low-337
speed vehicles, as defined in s. 320.01(41), in lieu of an 338
internal roadway must be approved if the change does not result 339
in any roadway within or adjacent to the development of regional 340
impact falling below the local government's adopted level of 341
service and does not increase the original distribution of trips 342
on any roadway analyzed as part of the approved development of 343
regional impact by more than 20 percent. If the developer has 344
already dedicated right -of-way to the local government for the 345
proposed internal roadway as part of the approval of the 346
proposed change, the local government must return any interest 347
it may have in the right -of-way to the developer. 348
(8) VESTED RIGHTS.—Nothing in this section shall limit or 349
modify the rights of any per son to complete any development that 350
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was authorized by registration of a subdivision pursuant to 351
former chapter 498, by recordation pursuant to local subdivision 352
plat law, or by a building permit or other authorization to 353
commence development on which ther e has been reliance and a 354
change of position and which registration or recordation was 355
accomplished, or which permit or authorization was issued, prior 356
to July 1, 1973. If a developer has, by his or her actions in 357
reliance on prior regulations, obtained ve sted or other legal 358
rights that in law would have prevented a local government from 359
changing those regulations in a way adverse to the developer's 360
interests, nothing in this chapter authorizes any governmental 361
agency to abridge those rights. Consistent with s. 163.3167(5), 362
comprehensive plan policies and land development regulations 363
adopted after a development of regional impact has vested do not 364
apply to proposed changes to an approved development of regional 365
impact or to development orders required to imp lement the 366
approved development of regional impact. 367
(a) For the purpose of determining the vesting of rights 368
under this subsection, approval pursuant to local subdivision 369
plat law, ordinances, or regulations of a subdivision plat by 370
formal vote of a coun ty or municipal governmental body having 371
jurisdiction after August 1, 1967, and prior to July 1, 1973, is 372
sufficient to vest all property rights for the purposes of this 373
subsection; and no action in reliance on, or change of position 374
concerning, such local governmental approval is required for 375
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vesting to take place. Anyone claiming vested rights under this 376
paragraph must notify the department in writing by January 1, 377
1986. Such notification shall include information adequate to 378
document the rights establish ed by this subsection. When such 379
notification requirements are met, in order for the vested 380
rights authorized pursuant to this paragraph to remain valid 381
after June 30, 1990, development of the vested plan must be 382
commenced prior to that date upon the prope rty that the state 383
land planning agency has determined to have acquired vested 384
rights following the notification or in a binding letter of 385
interpretation. When the notification requirements have not been 386
met, the vested rights authorized by this paragraph shall expire 387
June 30, 1986, unless development commenced prior to that date. 388
(b) For the purpose of this act, the conveyance of 389
property or compensation , or the agreement to convey , property 390
or compensation, to the county, state, or local government as a 391
prerequisite to zoning change approval shall be construed as an 392
act of reliance to vest rights as determined under this 393
subsection, provided such zoning change is actually granted by 394
such government. 395
Section 7. This act shall take effect upon becoming a law. 396