Signed by Governor Charlie Crist, Jr.

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that amends the state's growth management statutes, including, but not limited to, exempting dense urban land areas, urban service areas, urban infills, community redevelopment areas, and downtown revitalization areas from transportation concurrency requirements and the development-of-regional-impact process.

Highlights:

- Establishes transportation exception concurrence areas, meaning locations in which development projects may be authorized without first meeting transportation concurrency requirements that are established by local planning agencies to ensure that the area's transportation infrastructure is "concurrent with impacts of the development." The following are transportation exception concurrence areas according to this Act (Sec. 4):

- Municipalities that qualify as dense urban land areas; - Urban service areas that have been adopted into a local comprehensive plan and are located in a county that qualifies as a dense urban land area; and - Counties with a population of at least 900,000 and qualify as a dense urban land area, but does not have an urban service area designated in the local comprehensive plan.

- Authorizes municipalities that do not qualify as dense urban land areas to designate the following areas as transportation concurrency exception areas in their local comprehensive plan (Sec. 4):

- Urban infills; - Urban infill and redevelopment areas; - Community redevelopment areas; - Downtown revitalization areas; - Urban service areas; and - Areas within a designated urban service boundary.

- Authorizes counties that do not qualify as dense urban land areas to designate the following areas as transportation concurrency exception areas in their local comprehensive plan (Sec. 4):

- Urban infills; - Urban infill and redevelopment areas; and - Urban service areas.

- Specifies that transportation concurrence exception areas do no apply to the following (Sec. 4):

- Transportation concurrency districts located in counties that have a population of at least 1.5 million, have implemented and use a transportation-related concurrence assessment to support alternative modes of transportation, and does not levy transportation impact fees within the concurrency district; and - Counties that have exempted more than 40 percent of the area inside the urban service area from transportation concurrency for the purpose of urban infill.

- Establishes exemptions from the development-of-regional-impact process which, according the definition of "development of regional impact" established by existing law, concerns development projects that, because of their character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county. Whereas existing law requires these projects undergo an extensive review by state, regional, and local agencies prior to authorization, the following are exempt from the process according to this Act (Sec. 12):

- Proposed development in a municipality that qualifies as a dense urban land area; - Proposed development within a county that qualifies as a dense urban land area and that is located within an urban service area; and - Proposed development within a county that has a population of at least 900,000 and qualifies as a dense urban land area but does not have an urban service area designated in the comprehensive plan.

- Authorizes municipalities that do not qualify as dense urban land areas to exempt any proposed development within the following areas from the development-of-regional-impact process (Sec. 12):

- Urban infills; - Urban infill and redevelopment areas; - Community redevelopment areas; - Downtown revitalization areas; - Urban service areas; and - Areas within a designated urban service boundary.

- Authorizes counties that do not qualify as dense urban land areas to exempt any proposed development within the following areas from the development-of-regional-impact process (Sec. 12):

- Urban infills; - Urban infill and redevelopment areas; and - Urban service areas.

- Defines "dense urban land area" as one of the following (Sec. 2):

- Municipalities that have an average of at least 1,000 people per square mile and a minimum total population of at least 5,000; - Counties that have an average of at least 1,000 people per square mile; or - Counties that have a population of at least one million.

- Redefines an "urban service area" (previously titled "existing urban service area") as follows (Sec. 2):

- Existing law: built-up areas where public facilities and services, such as sewage treatment systems, roads, schools, and recreation areas are already in place; - New law:
- Built-up areas where public facilities and services, including, but not limited to, central water and sewage capacity and roads, are already in place or are committed in the first three years of the capital improvement schedule; or - Nonrurual or urban areas of a county, as designated by the county charter or comprehensive plan on or before July 1, 2009.

- Relies upon the definition of "urban infill" established by existing law as the development of vacant parcels in otherwise built-up areas where public facilities such as sewer systems, roads, schools, and recreation areas are already in place and the average residential density is at least five dwelling units per acre, and the average nonresidential intensity is at least a floor area ratio of 1.0 and vacant (Sec. 4). - Relies upon the definition of "urban infill and redevelopment areas" established by existing law as areas that a local government designates as a target for economic development, housing, transportation, crime prevention, neighborhood revitalization and preservation, and land use incentives to encourage urban infill and redevelopment within the urban core, provided that the local government meets the criteria established by existing law for designating these areas (Sec. 4). - Relies upon the definition of "urban service boundary" established by existing law as an area designated by a local government appropriate for compact, contiguous urban development within a 10-year planning time frame, provided that the local government meets the criteria established by existing law for designating these areas (Sec. 4). - Relies upon the definition of "community redevelopment areas" established by existing law as an area designated by a governing body as a slum area, blighted area, or an area in which there is a shortage of housing that is affordable to residents of low or moderate income, or a coastal and tourist area that is deteriorating and economically distressed due to outdated building density patterns, inadequate transportation and parking facilities, faulty lot layout, inadequate street layout, or a combination thereof (Sec. 4). - Relies upon the definition of "downtown revitalization" as the physical and economic renewal of a central business district of a community as designated by local government, including both downtown development and redevelopment (Sec. 4). - This is a substitute bill sponsored by the Senate Committee on Community Affairs. - Reps. Ellyn Bogdanoff, Charles "Chuck" Chestnute IV, and Faye Culp voted "Yea" after the roll call. - Reps. Mia Jones and Dwayne Taylor voted "Nay" after the roll call.

Full Bill Text

Vote Smart's Synopsis:

Vote to concur with House amendments and adopt additional amendments to a bill that amends the state's growth management statutes, including, but not limited to, exempting dense urban land areas, urban service areas, urban infills, community redevelopment areas, and downtown revitalization areas from transportation concurrency requirements and the development-of-regional-impact process.

Highlights:

- Establishes transportation exception concurrence areas, meaning locations in which development projects may be authorized without first meeting transportation concurrency requirements that are established by local planning agencies to ensure that the area's transportation infrastructure is "concurrent with impacts of the development." The following are transportation exception concurrence areas according to this Act (Sec. 4):

- Municipalities that qualify as dense urban land areas; - Urban service areas that have been adopted into a local comprehensive plan and is located in a county that qualifies as a dense urban land area; and - Counties with a population of at least 900,000 and qualify as a dense urban land area, but does not have an urban service area designated in the local comprehensive plan.

- Authorizes municipalities that do not qualify as dense urban land areas to designate the following areas as transportation concurrency exception areas in their local comprehensive plan (Sec. 4):

- Urban infills; - Urban infill and redevelopment areas; - Community redevelopment areas; - Downtown revitalization areas; - Urban service areas; and - Areas within a designated urban service boundary.

- Authorizes counties that do not qualify as dense urban land areas to designate the following areas as transportation concurrency exception areas in their local comprehensive plan (Sec. 4):

- Urban infills; - Urban infill and redevelopment areas; and - Urban service areas.

- Specifies that transportation concurrence exception areas do no apply to the following (Sec. 4):

- Transportation concurrency districts located in counties that have a population of at least 1.5 million, have implemented and use a transportation-related concurrence assessment to support alternative modes of transportation, and does not levy transportation impact fees within the concurrency district; and - Counties that have exempted more than 40 percent of the area inside the urban service area from transportation concurrency for the purpose of urban infill.

- Establishes exemptions from the development-of-regional-impact process which, according the definition of "development of regional impact" established by existing law, concerns development projects that, because of their character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county. Whereas existing law requires these projects undergo an extensive review by state, regional, and local agencies prior to authorization, the following are exempt from the process according to this Act (Sec. 12):

- Proposed development in a municipality that qualifies as a dense urban land area; - Proposed development within a county that qualifies as a dense urban land area and that is located within an urban service area; and - Proposed development within a county that has a population of at least 900,000 and qualifies as a dense urban land area but does not have an urban service area designated in the comprehensive plan.

- Authorizes municipalities that do not qualify as dense urban land areas to exempt any proposed development within the following areas from the development-of-regional-impact process (Sec. 12):

- Urban infills; - Urban infill and redevelopment areas; - Community redevelopment areas; - Downtown revitalization areas; - Urban service areas; and - Areas within a designated urban service boundary.

- Authorizes counties that do not qualify as dense urban land areas to exempt any proposed development within the following areas from the development-of-regional-impact process (Sec. 12):

- Urban infills; - Urban infill and redevelopment areas; and - Urban service areas.

- Defines "dense urban land area" as one of the following (Sec. 2):

- Municipalities that have an average of at least 1,000 people per square mile and a minimum total population of at least 5,000; - Counties that have an average of at least 1,000 people per square mile; or - Counties that have a population of at least one million.

- Redefines an "urban service area" (previously titled "existing urban service area") as follows (Sec. 2):

- Existing law: built-up areas where public facilities and services, such as sewage treatment systems, roads, schools, and recreation areas are already in place; - New law:
- Built-up areas where public facilities and services, including, but not limited to, central water and sewage capacity and roads, are already in place or are committed in the first three years of the capital improvement schedule; or - Nonrurual or urban areas of a county, as designated by the county charter or comprehensive plan on or before July 1, 2009.

- Relies upon the definition of "urban infill" established by existing law as the development of vacant parcels in otherwise built-up areas where public facilities such as sewer systems, roads, schools, and recreation areas are already in place and the average residential density is at least five dwelling units per acre, and the average nonresidential intensity is at least a floor area ratio of 1.0 and vacant (Sec. 4). - Relies upon the designation of "urban infill and redevelopment areas" established by existing law as areas that a local government designates as a target for economic development, housing, transportation, crime prevention, neighborhood revitalization and preservation, and land use incentives to encourage urban infill and redevelopment within the urban core, provided that the local government meets the criteria established by existing law for designating these areas (Sec. 4). - Relies upon the designation of an "urban service boundary" established by existing law as an area designated by a local government appropriate for compact, contiguous urban development within a 10-year planning time frame, provided that the local government meets the criteria established by existing law for designating these areas (Sec. 4). - Relies upon the definition of "community redevelopment areas" established by existing law as an area designated by a governing body as a slum area, blighted area, or an area in which there is a shortage of housing that is affordable to residents of low or moderate income, or a coastal and tourist area that is deteriorating and economically distressed due to outdated building density patterns, inadequate transportation and parking facilities, faulty lot layout, inadequate street layout, or a combination thereof (Sec. 4). - Relies upon the definition of "downtown revitalization" as the physical and economic renewal of a central business district of a community as designated by local government, including both downtown development and redevelopment (Sec. 4). - This is a substitute bill sponsored by the Senate Committee on Community Affairs. - Sen. Victor Crist is not listed on the roll call because his vote did not accurately reflect his intentions; his vote of "Yea" was changed to "Nay" after the roll call. - Sen. Garrett Richter voted "Yea" after the roll call.

Full Bill Text