November 26, 2020
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HB 1865CS

CHAMBER ACTION




1The Transportation & Economic Development Appropriations
2Committee recommends the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to growth management incentives; providing
8a popular name; amending s. 20.18, F.S.; changing the name
9of the Department of Community Affairs to the Department
10of Community Assistance; amending s. 163.3164, F.S.;
11revising a definition to conform; defining the term
12"financial feasibility"; creating s. 163.3172, F.S.;
13providing legislative determinations; limiting the effect
14of certain charter county charter provisions, ordinances,
15or land development regulations under certain
16circumstances; amending s. 163.3177, F.S.; revising
17criteria for the capital improvements element of
18comprehensive plans; providing for subjecting certain
19local governments to sanctions by the Administration
20Commission under certain circumstances; requiring certain
21local governments to adopt a long-term capital
22improvements schedule to a long-term concurrency
23management system and annually update such schedule;
24deleting obsolete provisions; requiring local governments
25to adopt a transportation concurrency management system by
26ordinance; providing a methodology requirement; requiring
27the Department of Transportation to develop a model
28transportation concurrency management ordinance;
29specifying ordinance assessment authority; providing
30additional requirements for a general water element of
31comprehensive plans; requiring a work plan; specifying
32cooperation between certain entities relating to
33developing water supply facilities; revising public
34educational facilities element requirements; revising
35requirements for rural land stewardship areas; exempting
36rural land stewardship areas from developments of regional
37impact provisions; requiring counties and municipalities
38to adopt consistent public school facilities and enter
39into certain interlocal agreements; authorizing the state
40land planning agency to grant waivers under certain
41circumstances; providing additional requirements for
42public school facilities elements of comprehensive plans;
43requiring the state land planning agency to adopt phased
44schedules for adopting a public school facilities element;
45providing requirements; encouraging local governments to
46develop a community vision for certain purposes; providing
47for assistance by regional planning councils; amending s.
48163.31777, F.S.; deleting a scheduling requirement for
49public schools interlocal agreements; providing additional
50requirements for such interlocal agreements; revising
51procedures for public school elements implementing school
52concurrency; revising exemption criteria for certain
53municipalities; amending s. 163.3180, F.S.; including
54schools and water supplies under concurrency provisions;
55revising a transportation facilities scheduling
56requirement; requiring local governments and the
57Department of Transportation to cooperatively establish a
58plan for maintaining certain level-of-service standards
59for certain facilities within certain areas; revising
60criteria for local government authorization to grant
61exceptions from concurrency requirements for
62transportation facilities; providing for waiving certain
63transportation facilities concurrency requirements for
64certain projects under certain circumstances; providing
65criteria and requirements; revising provisions authorizing
66local governments to adopt long-term transportation
67management systems to include long-term school concurrency
68management systems; revising requirements; requiring
69periodic evaluation of long-term concurrency systems;
70providing criteria; revising requirements for roadway
71facilities on the Strategic Intermodal System; providing
72additional level-of-service standards requirements;
73revising requirements for developing school concurrency;
74requiring adoption of a public school facilities element
75for effectiveness of a school concurrency requirement;
76providing an exception; revising service area requirements
77for concurrency systems; requiring local governments to
78apply school concurrency on a less than districtwide basis
79under certain circumstances for certain purposes; revising
80provisions prohibiting a local government from denying a
81development order or a functional equivalent authorizing
82residential developments under certain circumstances;
83specifying conditions for satisfaction of school
84concurrency requirements by a developer; providing for
85mediation of disputes; specifying options for
86proportionate-share mitigation of impacts on public school
87facilities; providing criteria and requirements; providing
88legislative intent relating to mitigation of impacts of
89development on transportation facilities; authorizing
90local governments to create mitigation banks for
91transportation facilities for certain purposes; providing
92requirements; specifying conditions for satisfaction of
93transportation facilities concurrency by a developer;
94providing for mitigation; providing for mediation of
95disputes; providing criteria for transportation mitigation
96contributions; providing for enforceable development
97agreements for certain projects; specifying conditions for
98satisfaction of concurrency requirements of a local
99comprehensive plan by a development; amending s. 163.3184,
100F.S.; authorizing instead of requiring the state land
101planning agency to review plan amendments; amending s.
102163.3187, F.S.; providing an additional exception to a
103limitation on amending an adopted comprehensive plan by
104certain local governments; providing procedures and
105requirements; providing for notice and public hearings;
106providing for nonapplication; amending s. 163.3191, F.S.;
107revising requirements for evaluation and assessment of the
108coordination of a comprehensive plan with certain schools;
109providing additional assessment criteria for certain
110counties and municipalities; requiring certain counties
111and municipalities to adopt appropriate concurrency goals,
112objectives, and policies in plan amendments under certain
113circumstances; revising reporting requirements for
114evaluation and assessment of water supply sources;
115providing for a prohibition on plan amendments for failure
116to timely adopt updating comprehensive plan amendments;
117creating s. 163.3247, F.S.; providing a popular name;
118providing legislative findings and intent; creating the
119Century Commission for a Sustainable Florida for certain
120purposes; providing for appointment of commission members;
121providing for terms; providing for meetings and votes of
122members; requiring members to serve without compensation;
123providing for per diem and travel expenses; providing
124powers and duties of the commission; requiring the
125creation of a joint select committee of the Legislature;
126providing purposes; requiring the Secretary of Community
127Assistance to select an executive director of the
128commission; requiring the Department of Community
129Assistance to provide staff for the commission; providing
130for other agency staff support for the commission;
131amending s. 339.135, F.S.; revising provisions relating to
132funding and developing a tentative work program; creating
133s. 339.28171, F.S.; creating the Local Government
134Concurrency Program for a Sustainable Florida; providing
135program requirements; requiring the Department of
136Transportation to develop criteria to assist local
137governments in evaluating concurrency management system
138backlogs; specifying criteria requirements; providing
139requirements for local governments; specifying percentages
140for apportioning matching funds among grant applicants;
141authorizing the department to adopt rules to administer
142the program; creating s. 339.2820, F.S.; creating the Off-
143System Bridge Program for Sustainable Transportation
144within the Department of Transportation for certain
145purposes; providing for funding certain project costs;
146requiring the department to allocate funding for the
147program for certain projects; specifying criteria for
148projects to be funded from the program; amending s.
149380.06, F.S.; providing additional exemptions from
150development of regional impact provisions for certain
151projects in proposed developments or redevelopments within
152an area designated in a comprehensive plan and for
153proposed developments within certain rural land
154stewardship areas; requiring the Office of Program Policy
155Analysis and Government Accountability to conduct a study
156on adjustments to boundaries of regional planning
157councils, water management districts, and transportation
158districts; providing purposes; requiring a study report to
159the Governor and Legislature; creating s. 1013.352, F.S.;
160creating a Charter School Incentive Program for
161Sustainable Schools; providing purposes; specifying
162conditions for eligibility for state funds; authorizing
163the Commissioner of Education to waive certain
164requirements and distribute certain funds to charter
165schools under certain circumstances; prohibiting the
166commissioner from distributing funds to certain schools
167under certain circumstances; repealing s. 163.31776, F.S.,
168relating to the public educational facilities element;
169providing appropriations; specifying uses of
170appropriations; providing for Small County Technical
171Assistance for a Sustainable Florida; providing an
172appropriation; providing uses; requiring the Department of
173Community Assistance to report to the Governor and
174Legislature; specifying report requirements; requiring the
175Division of Statutory Revision of the Office of
176Legislative Services to develop proposed legislation to
177change references in the Florida Statutes to the
178Department of Community Affairs to the Department of
179Community Assistance; providing an effective date.
180
181     WHEREAS, the Legislature finds and declares that the
182state's population has increased by approximately 3 million
183individuals each decade since 1970 to nearly 16 million
184individuals in 2000, and
185     WHEREAS, increased populations have resulted in greater
186density concentrations in many areas around the state and
187created growth issues that increasingly overlap multiple local
188government jurisdictional and state agency district boundaries,
189and
190     WHEREAS, development patterns throughout areas of the
191state, in conjunction with the implementation of growth
192management policies, have increasingly caused urban flight which
193has resulted in urban sprawl and cause capacity issues related
194to transportation facilities, public educational facilities, and
195water supply facilities, and
196     WHEREAS, the Legislature recognizes that urban infill and
197redevelopment is a high state priority, and
198     WHEREAS, consequently, the Legislature determines it in the
199best interests of the people of the state to undertake action to
200address these issues and work towards a sustainable Florida
201where facilities are planned and available concurrent with
202existing and projected demands while protecting Florida's
203natural and environmental resources, rural and agricultural
204resources, and maintaining a viable and sustainable economy, and
205     WHEREAS, the Legislature enacts measures in the law and
206earmarks funds for the 2005-2006 fiscal year intended to result
207in a reemphasis on urban infill and redevelopment, achieving and
208maintaining concurrency with transportation and public
209educational facilities, and instilling a sense of
210intergovernmental cooperation and coordination, and
211     WHEREAS, the Legislature will establish a standing
212commission tasked with helping Floridians envision and plan
213their collective future with an eye towards both 25-year and 50-
214year horizons, NOW, THEREFORE,
215
216Be It Enacted by the Legislature of the State of Florida:
217
218     Section 1.  Popular name.--This act may be cited as the
219"Sustainable Florida Act of 2005."
220     Section 2.  Subsections (1), (2), (3), (5), and (6) of
221section 20.18, Florida Statutes, are amended to read:
222     20.18  Department of Community Assistance Affairs.--There
223is created a Department of Community Assistance Affairs.
224     (1)  The head of the Department of Community Assistance
225Affairs is the Secretary of Community Assistance Affairs. The
226secretary shall be appointed by the Governor subject to
227confirmation by the Senate. The secretary shall serve at the
228pleasure of the Governor.
229     (2)  The following units of the Department of Community
230Assistance Affairs are established:
231     (a)  Division of Emergency Management.
232     (b)  Division of Housing and Community Development.
233     (c)  Division of Community Planning.
234     (3)  Unless otherwise provided by law, the Secretary of
235Community Assistance Affairs shall appoint the directors or
236executive directors of any commission or council assigned to the
237department, who shall serve at his or her pleasure as provided
238for division directors in s. 110.205. The appointment or
239termination by the secretary will be done with the advice and
240consent of the commission or council; and the director or
241executive director may employ, subject to departmental rules and
242procedures, such personnel as may be authorized and necessary.
243     (5)  The role of state government required by part I of
244chapter 421 (Housing Authorities Law), chapter 422 (Housing
245Cooperation Law), and chapter 423 (tax exemption of housing
246authorities) is the responsibility of the Department of
247Community Assistance Affairs; and the department is the agency
248of state government responsible for the state's role in housing
249and urban development.
250     (6)  The Office of Urban Opportunity is created within the
251Department of Community Assistance Affairs. The purpose of the
252office is to administer the Front Porch Florida initiative, a
253comprehensive, community-based urban core redevelopment program
254that enables urban core residents to craft solutions to the
255unique challenges of each designated community.
256     Section 3.  Subsection (20) of section 163.3164, Florida
257Statutes, is amended, and subsection (32) is added to said
258section, to read:
259     163.3164  Local Government Comprehensive Planning and Land
260Development Regulation Act; definitions.--As used in this act:
261     (20)  "State land planning agency" means the Department of
262Community Assistance Affairs.
263     (32)  "Financial feasibility" means sufficient revenues are
264currently available or will be available from committed or
265identified funding sources available for financing capital
266improvements, such as ad valorem taxes, bonds, state and federal
267funds, tax revenues, impact fees, and developer contributions,
268which are adequate to fund the projected costs of the capital
269improvements and as otherwise identified within this act
270necessary to ensure that adopted level-of-service standards are
271achieved and maintained within the 5-year schedule of capital
272improvements.
273     Section 4.  Section 163.3172, Florida Statutes, is created
274to read:
275     163.3172  Urban infill and redevelopment.--In recognition
276that urban infill and redevelopment is a high state priority,
277the Legislature determines that local governments should not
278adopt charter provisions, ordinances, or land development
279regulations that discourage this state priority. The Legislature
280also recognizes that limitations on building height are one
281restriction that may discourage increased density within urban
282cores. Notwithstanding chapter 125 and s. 163.3171, any existing
283or future charter county charter provision, ordinance, or land
284development regulation that restricts the height of a building
285shall not be effective within any municipality of the county
286unless, by a majority vote, the charter provision, ordinance, or
287land development regulation is approved by a majority vote of a
288county-wide referendum or a majority vote of the municipality's
289governing board.
290     Section 5.  Subsection (3), paragraphs (a), (b), (c), and
291(h) of subsection (6), paragraph (d) of subsection (11), and
292subsection (12) of section 163.3177, Florida Statutes, are
293amended, and subsection (13) is added to said section, to read:
294     163.3177  Required and optional elements of comprehensive
295plan; studies and surveys.--
296     (3)(a)  The comprehensive plan shall contain a capital
297improvements element designed to consider the need for and the
298location of public facilities in order to encourage the
299efficient utilization of such facilities and set forth:
300     1.  A component which outlines principles for construction,
301extension, or increase in capacity of public facilities, as well
302as a component which outlines principles for correcting existing
303public facility deficiencies, which are necessary to implement
304the comprehensive plan. The components shall cover at least a 5-
305year period.
306     2.  Estimated public facility costs, including a
307delineation of when facilities will be needed, the general
308location of the facilities, and projected revenue sources to
309fund the facilities.
310     3.  Standards to ensure the availability of public
311facilities and the adequacy of those facilities including
312acceptable levels of service.
313     4.  Standards for the management of debt.
314     5.  A schedule of capital improvements which includes
315publicly funded projects and which may include privately funded
316projects.
317     (b)  The capital improvements element shall be reviewed on
318an annual basis and modified as necessary in accordance with s.
319163.3187 or s. 163.3189 in order to maintain a financially
320feasible 5-year schedule of capital improvements., except that
321Corrections, updates, and modifications concerning costs;
322revenue sources; acceptance of facilities pursuant to
323dedications which are consistent with the plan; or the date of
324construction of any facility enumerated in the capital
325improvements element may be accomplished by ordinance and shall
326not be deemed to be amendments to the local comprehensive plan.
327A copy of the ordinance shall be transmitted to the state land
328planning agency. All public facilities shall be consistent with
329the capital improvements element.
330     (c)  If the local government does not adopt the required
331annual update to the schedule of capital improvements, the state
332land planning agency shall notify the Administration Commission.
333A local government that has failed to adopt the required annual
334update in the capital improvement element may be subject to
335sanctions by the commission pursuant to s. 163.3184(11).
336     (d)  If a local government adopts a long-term concurrency
337management system pursuant to s. 163.3180(9), it shall also
338adopt a long-term capital improvements schedule covering up to a
33910-year or 15-year period and shall update the long-term
340schedule annually. The long-term schedule of capital
341improvements must be financially feasible for the 5-year
342schedule of capital improvements.
343     (6)  In addition to the requirements of subsections (1)-
344(5), the comprehensive plan shall include the following
345elements:
346     (a)  A future land use plan element designating proposed
347future general distribution, location, and extent of the uses of
348land for residential uses, commercial uses, industry,
349agriculture, recreation, conservation, education, public
350buildings and grounds, other public facilities, and other
351categories of the public and private uses of land. Counties are
352encouraged to designate rural land stewardship areas, pursuant
353to the provisions of paragraph (11)(d), as overlays on the
354future land use map. Each future land use category must be
355defined in terms of uses included, and must include standards to
356be followed in the control and distribution of population
357densities and building and structure intensities. The proposed
358distribution, location, and extent of the various categories of
359land use shall be shown on a land use map or map series which
360shall be supplemented by goals, policies, and measurable
361objectives. The future land use plan shall be based upon
362surveys, studies, and data regarding the area, including the
363amount of land required to accommodate anticipated growth; the
364projected population of the area; the character of undeveloped
365land; the availability of water supplies, public facilities, and
366services; the need for redevelopment, including the renewal of
367blighted areas and the elimination of nonconforming uses which
368are inconsistent with the character of the community; the
369compatibility of uses on lands adjacent to or closely proximate
370to military installations; and, in rural communities, the need
371for job creation, capital investment, and economic development
372that will strengthen and diversify the community's economy. The
373future land use plan may designate areas for future planned
374development use involving combinations of types of uses for
375which special regulations may be necessary to ensure development
376in accord with the principles and standards of the comprehensive
377plan and this act. The future land use plan element shall
378include criteria to be used to achieve the compatibility of
379adjacent or closely proximate lands with military installations.
380In addition, for rural communities, the amount of land
381designated for future planned industrial use shall be based upon
382surveys and studies that reflect the need for job creation,
383capital investment, and the necessity to strengthen and
384diversify the local economies, and shall not be limited solely
385by the projected population of the rural community. The future
386land use plan of a county may also designate areas for possible
387future municipal incorporation. The land use maps or map series
388shall generally identify and depict historic district boundaries
389and shall designate historically significant properties meriting
390protection. The future land use element must clearly identify
391the land use categories in which public schools are an allowable
392use. When delineating the land use categories in which public
393schools are an allowable use, a local government shall include
394in the categories sufficient land proximate to residential
395development to meet the projected needs for schools in
396coordination with public school boards and may establish
397differing criteria for schools of different type or size. Each
398local government shall include lands contiguous to existing
399school sites, to the maximum extent possible, within the land
400use categories in which public schools are an allowable use. All
401comprehensive plans must comply with the school siting
402requirements of this paragraph no later than October 1, 1999.
403The failure by a local government to comply with these school
404siting requirements by October 1, 1999, will result in the
405prohibition of the local government's ability to amend the local
406comprehensive plan, except for plan amendments described in s.
407163.3187(1)(b), until the school siting requirements are met.
408Amendments proposed by a local government for purposes of
409identifying the land use categories in which public schools are
410an allowable use or for adopting or amending the school-siting
411maps pursuant to s. 163.31776(3) are exempt from the limitation
412on the frequency of plan amendments contained in s. 163.3187.
413The future land use element shall include criteria that
414encourage the location of schools proximate to urban residential
415areas to the extent possible and shall require that the local
416government seek to collocate public facilities, such as parks,
417libraries, and community centers, with schools to the extent
418possible and to encourage the use of elementary schools as focal
419points for neighborhoods. For schools serving predominantly
420rural counties, defined as a county with a population of 100,000
421or fewer, an agricultural land use category shall be eligible
422for the location of public school facilities if the local
423comprehensive plan contains school siting criteria and the
424location is consistent with such criteria. Local governments
425required to update or amend their comprehensive plan to include
426criteria and address compatibility of adjacent or closely
427proximate lands with existing military installations in their
428future land use plan element shall transmit the update or
429amendment to the department by June 30, 2006.
430     (b)  A traffic circulation element consisting of the types,
431locations, and extent of existing and proposed major
432thoroughfares and transportation routes, including bicycle and
433pedestrian ways. Transportation corridors, as defined in s.
434334.03, may be designated in the traffic circulation element
435pursuant to s. 337.273. If the transportation corridors are
436designated, the local government may adopt a transportation
437corridor management ordinance. By December 1, 2006, each local
438government shall adopt by ordinance a transportation concurrency
439management system which shall include a methodology for
440assessing proportionate share mitigation options. By December 1,
4412006, the Department of Transportation shall develop a model
442transportation concurrency management ordinance. The
443transportation concurrency management ordinance may assess a
444concurrency impact area by districts or systemwide.
445     (c)  A general sanitary sewer, solid waste, drainage,
446potable water, and natural groundwater aquifer recharge element
447correlated to principles and guidelines for future land use,
448indicating ways to provide for future potable water, drainage,
449sanitary sewer, solid waste, and aquifer recharge protection
450requirements for the area. The element may be a detailed
451engineering plan including a topographic map depicting areas of
452prime groundwater recharge. The element shall describe the
453problems and needs and the general facilities that will be
454required for solution of the problems and needs. The element
455shall also include a topographic map depicting any areas adopted
456by a regional water management district as prime groundwater
457recharge areas for the Floridan or Biscayne aquifers, pursuant
458to s. 373.0395. These areas shall be given special consideration
459when the local government is engaged in zoning or considering
460future land use for said designated areas. For areas served by
461septic tanks, soil surveys shall be provided which indicate the
462suitability of soils for septic tanks. By December 1, 2006, The
463element must incorporate projects selected pursuant to s.
464373.0361, to the extent applicable consider the appropriate
465water management district's regional water supply plan approved
466pursuant to s. 373.0361. The element must identify current water
467supply sources, projected water use needs for the planning
468period of the comprehensive plan, irrigation and reclaimed water
469needs, and conservation and reuse strategies to reduce water
470supply demand. The element shall include a work plan covering at
471least a 10-year planning period for building water supply
472facilities, including development of alternative water supplies
473as defined in s. 373.1961(2)(i) that are necessary to meet
474existing and projected water use demand over the work plan
475planning period. The work plan shall also describe how the water
476supply needs will be met over the course of the planning period
477from any other providers of water, if applicable. The
478information provided to the appropriate water management
479district for each project, pursuant to s. 373.0361, shall be
480annually incorporated into the work plan include a work plan,
481covering at least a 10-year planning period, for building water
482supply facilities that are identified in the element as
483necessary to serve existing and new development and for which
484the local government is responsible. The work plan shall be
485updated, at a minimum, every 5 years within 12 months after the
486governing board of a water management district approves an
487updated regional water supply plan. Local government utilities
488and land use planners, private utilities, regional water supply
489authorities and water management districts are expected to
490cooperatively plan for the development of multi-jurisdictional
491water supply facilities that are sufficient to meet projected
492demands for established planning periods, including the
493development of alternative sources of water supplies to
494supplement traditional sources of ground and surface water
495supplies. Amendments to incorporate the work plan do not count
496toward the limitation on the frequency of adoption of amendments
497to the comprehensive plan. Consistent with s. 373.2234, local
498governments, public and private utilities, regional water supply
499authorities, and water management districts are expected to
500cooperatively plan for the development of multijurisdictional
501water supply facilities that are sufficient to meet projected
502demands for established planning periods, including the
503development of alternative water sources to supplement
504traditional sources of ground and surface water supplies.
505     (h)1.  An intergovernmental coordination element showing
506relationships and stating principles and guidelines to be used
507in the accomplishment of coordination of the adopted
508comprehensive plan with the plans of school boards and other
509units of local government or regional water authorities
510providing services but not having regulatory authority over the
511use of land, with the comprehensive plans of adjacent
512municipalities, the county, adjacent counties, or the region,
513with the state comprehensive plan and with the applicable
514regional water supply plan approved pursuant to s. 373.0361, as
515the case may require and as such adopted plans or plans in
516preparation may exist. This element of the local comprehensive
517plan shall demonstrate consideration of the particular effects
518of the local plan, when adopted, upon the development of
519adjacent municipalities, the county, adjacent counties, or the
520region, or upon the state comprehensive plan, as the case may
521require.
522     a.  The intergovernmental coordination element shall
523provide for procedures to identify and implement joint planning
524areas, especially for the purpose of annexation, municipal
525incorporation, and joint infrastructure service areas.
526     b.  The intergovernmental coordination element shall
527provide for recognition of campus master plans prepared pursuant
528to s. 1013.30.
529     c.  The intergovernmental coordination element may provide
530for a voluntary dispute resolution process as established
531pursuant to s. 186.509 for bringing to closure in a timely
532manner intergovernmental disputes. A local government may
533develop and use an alternative local dispute resolution process
534for this purpose.
535     2.  The intergovernmental coordination element shall
536further state principles and guidelines to be used in the
537accomplishment of coordination of the adopted comprehensive plan
538with the plans of school boards and other units of local
539government providing facilities and services but not having
540regulatory authority over the use of land. In addition, the
541intergovernmental coordination element shall describe joint
542processes for collaborative planning and decisionmaking on
543population projections and public school siting, the location
544and extension of public facilities subject to concurrency, and
545siting facilities with countywide significance, including
546locally unwanted land uses whose nature and identity are
547established in an agreement. Within 1 year of adopting their
548intergovernmental coordination elements, each county, all the
549municipalities within that county, the district school board,
550and any unit of local government service providers in that
551county shall establish by interlocal or other formal agreement
552executed by all affected entities, the joint processes described
553in this subparagraph consistent with their adopted
554intergovernmental coordination elements.
555     3.  To foster coordination between special districts and
556local general-purpose governments as local general-purpose
557governments implement local comprehensive plans, each
558independent special district must submit a public facilities
559report to the appropriate local government as required by s.
560189.415.
561     4.a.  Local governments adopting a public educational
562facilities element pursuant to s. 163.31776 must execute an
563interlocal agreement with the district school board, the county,
564and nonexempt municipalities pursuant to s. 163.31777, as
565defined by s. 163.31776(1), which includes the items listed in
566s. 163.31777(2). The local government shall amend the
567intergovernmental coordination element to provide that
568coordination between the local government and school board is
569pursuant to the agreement and shall state the obligations of the
570local government under the agreement.
571     b.  Plan amendments that comply with this subparagraph are
572exempt from the provisions of s. 163.3187(1).
573     5.  The state land planning agency shall establish a
574schedule for phased completion and transmittal of plan
575amendments to implement subparagraphs 1., 2., and 3. from all
576jurisdictions so as to accomplish their adoption by December 31,
5771999. A local government may complete and transmit its plan
578amendments to carry out these provisions prior to the scheduled
579date established by the state land planning agency. The plan
580amendments are exempt from the provisions of s. 163.3187(1).
581     6.  By January 1, 2004, any county having a population
582greater than 100,000, and the municipalities and special
583districts within that county, shall submit a report to the
584Department of Community Assistance Affairs which:
585     a.  Identifies all existing or proposed interlocal service-
586delivery agreements regarding the following: education; sanitary
587sewer; public safety; solid waste; drainage; potable water;
588parks and recreation; and transportation facilities.
589     b.  Identifies any deficits or duplication in the provision
590of services within its jurisdiction, whether capital or
591operational. Upon request, the Department of Community
592Assistance Affairs shall provide technical assistance to the
593local governments in identifying deficits or duplication.
594     7.  Within 6 months after submission of the report, the
595Department of Community Assistance Affairs shall, through the
596appropriate regional planning council, coordinate a meeting of
597all local governments within the regional planning area to
598discuss the reports and potential strategies to remedy any
599identified deficiencies or duplications.
600     8.  Each local government shall update its
601intergovernmental coordination element based upon the findings
602in the report submitted pursuant to subparagraph 6. The report
603may be used as supporting data and analysis for the
604intergovernmental coordination element.
605     9.  By February 1, 2003, representatives of municipalities,
606counties, and special districts shall provide to the Legislature
607recommended statutory changes for annexation, including any
608changes that address the delivery of local government services
609in areas planned for annexation.
610     (11)
611     (d)1.  The department, in cooperation with the Department
612of Agriculture and Consumer Services, the Department of
613Environmental Protection, water management districts, and
614regional planning councils, shall provide assistance to local
615governments in the implementation of this paragraph and rule 9J-
6165.006(5)(l), Florida Administrative Code. Implementation of
617those provisions shall include a process by which the department
618may authorize local governments to designate all or portions of
619lands classified in the future land use element as predominantly
620agricultural, rural, open, open-rural, or a substantively
621equivalent land use, as a rural land stewardship area within
622which planning and economic incentives are applied to encourage
623the implementation of innovative and flexible planning and
624development strategies and creative land use planning
625techniques, including those contained herein and in rule 9J-
6265.006(5)(l), Florida Administrative Code. Assistance may
627include, but is not limited to:
628     a.  Assistance from the Department of Environmental
629Protection and water management districts in creating the
630geographic information systems land cover database and aerial
631photogrammetry needed to prepare for a rural land stewardship
632area;
633     b.  Support for local government implementation of rural
634land stewardship concepts by providing information and
635assistance to local governments regarding land acquisition
636programs that may be used by the local government or landowners
637to leverage the protection of greater acreage and maximize the
638effectiveness of rural land stewardship areas; and
639     c.  Expansion of the role of the Department of Community
640Assistance Affairs as a resource agency to facilitate
641establishment of rural land stewardship areas in smaller rural
642counties that do not have the staff or planning budgets to
643create a rural land stewardship area.
644     2.  The department shall encourage participation by local
645governments of different sizes and rural characteristics in
646establishing and implementing rural land stewardship areas. It
647is the intent of the Legislature that rural land stewardship
648areas be used to further the following broad principles of rural
649sustainability: restoration and maintenance of the economic
650value of rural land; control of urban sprawl; identification and
651protection of ecosystems, habitats, and natural resources;
652promotion of rural economic activity; maintenance of the
653viability of Florida's agricultural economy; and protection of
654the character of rural areas of Florida. Rural land stewardship
655areas may be multicounty in order to encourage coordinated
656regional stewardship planning.
657     3.  A local government, in conjunction with a regional
658planning council, a stakeholder organization of private land
659owners, or another local government, shall notify the department
660in writing of its intent to designate a rural land stewardship
661area. The written notification shall describe the basis for the
662designation, including the extent to which the rural land
663stewardship area enhances rural land values, controls urban
664sprawl, provides necessary open space for agriculture and
665protection of the natural environment, promotes rural economic
666activity, and maintains rural character and the economic
667viability of agriculture.
668     4.  A rural land stewardship area shall be not less than
66910,000 acres and shall be located outside of municipalities and
670established urban growth boundaries, and shall be designated by
671plan amendment. The plan amendment designating a rural land
672stewardship area shall be subject to review by the Department of
673Community Assistance Affairs pursuant to s. 163.3184 and shall
674provide for the following:
675     a.  Criteria for the designation of receiving areas within
676rural land stewardship areas in which innovative planning and
677development strategies may be applied. Criteria shall at a
678minimum provide for the following: adequacy of suitable land to
679accommodate development so as to avoid conflict with
680environmentally sensitive areas, resources, and habitats;
681compatibility between and transition from higher density uses to
682lower intensity rural uses; the establishment of receiving area
683service boundaries which provide for a separation between
684receiving areas and other land uses within the rural land
685stewardship area through limitations on the extension of
686services; and connection of receiving areas with the rest of the
687rural land stewardship area using rural design and rural road
688corridors.
689     b.  Goals, objectives, and policies setting forth the
690innovative planning and development strategies to be applied
691within rural land stewardship areas pursuant to the provisions
692of this section.
693     c.  A process for the implementation of innovative planning
694and development strategies within the rural land stewardship
695area, including those described in this subsection and rule 9J-
6965.006(5)(l), Florida Administrative Code, which provide for a
697functional mix of land uses and which are applied through the
698adoption by the local government of zoning and land development
699regulations applicable to the rural land stewardship area.
700     d.  A process which encourages visioning pursuant to s.
701163.3167(11) to ensure that innovative planning and development
702strategies comply with the provisions of this section.
703     e.  The control of sprawl through the use of innovative
704strategies and creative land use techniques consistent with the
705provisions of this subsection and rule 9J-5.006(5)(l), Florida
706Administrative Code.
707     5.  A receiving area shall be designated by the adoption of
708a land development regulation. Prior to the designation of a
709receiving area, the local government shall provide the
710Department of Community Assistance Affairs a period of 30 days
711in which to review a proposed receiving area for consistency
712with the rural land stewardship area plan amendment and to
713provide comments to the local government.
714     6.  Upon the adoption of a plan amendment creating a rural
715land stewardship area, the local government shall, by ordinance,
716establish the methodology for the creation, conveyance, and use
717of transferable rural land use credits, otherwise referred to as
718stewardship credits, the application of assign to the area a
719certain number of credits, to be known as "transferable rural
720land use credits," which shall not constitute a right to develop
721land, nor increase density of land, except as provided by this
722section. The total amount of transferable rural land use credits
723within assigned to the rural land stewardship area must enable
724the realization of the long-term vision and goals for correspond
725to the 25-year or greater projected population of the rural land
726stewardship area. Transferable rural land use credits are
727subject to the following limitations:
728     a.  Transferable rural land use credits may only exist
729within a rural land stewardship area.
730     b.  Transferable rural land use credits may only be used on
731lands designated as receiving areas and then solely for the
732purpose of implementing innovative planning and development
733strategies and creative land use planning techniques adopted by
734the local government pursuant to this section.
735     c.  Transferable rural land use credits assigned to a
736parcel of land within a rural land stewardship area shall cease
737to exist if the parcel of land is removed from the rural land
738stewardship area by plan amendment.
739     d.  Neither the creation of the rural land stewardship area
740by plan amendment nor the assignment of transferable rural land
741use credits by the local government shall operate to displace
742the underlying density of land uses assigned to a parcel of land
743within the rural land stewardship area; however, if transferable
744rural land use credits are transferred from a parcel for use
745within a designated receiving area, the underlying density
746assigned to the parcel of land shall cease to exist.
747     e.  The underlying density on each parcel of land located
748within a rural land stewardship area shall not be increased or
749decreased by the local government, except as a result of the
750conveyance or use of transferable rural land use credits, as
751long as the parcel remains within the rural land stewardship
752area.
753     f.  Transferable rural land use credits shall cease to
754exist on a parcel of land where the underlying density assigned
755to the parcel of land is utilized.
756     g.  An increase in the density of use on a parcel of land
757located within a designated receiving area may occur only
758through the assignment or use of transferable rural land use
759credits and shall not require a plan amendment.
760     h.  A change in the density of land use on parcels located
761within receiving areas shall be specified in a development order
762which reflects the total number of transferable rural land use
763credits assigned to the parcel of land and the infrastructure
764and support services necessary to provide for a functional mix
765of land uses corresponding to the plan of development.
766     i.  Land within a rural land stewardship area may be
767removed from the rural land stewardship area through a plan
768amendment.
769     j.  Transferable rural land use credits may be assigned at
770different ratios of credits per acre according to the natural
771resource or other beneficial use characteristics of the land and
772according to the land use remaining following the transfer of
773credits, with the highest number of credits per acre assigned to
774the most environmentally valuable land, or in locations where
775the retention of and a lesser number of credits to be assigned
776to open space and agricultural land, is a priority, to such
777lands.
778     k.  The use or conveyance of transferable rural land use
779credits must be recorded in the public records of the county in
780which the property is located as a covenant or restrictive
781easement running with the land in favor of the county and either
782the Department of Environmental Protection, Department of
783Agriculture and Consumer Services, a water management district,
784or a recognized statewide land trust.
785     7.  Owners of land within rural land stewardship areas
786should be provided incentives to enter into rural land
787stewardship agreements, pursuant to existing law and rules
788adopted thereto, with state agencies, water management
789districts, and local governments to achieve mutually agreed upon
790conservation objectives. Such incentives may include, but not be
791limited to, the following:
792     a.  Opportunity to accumulate transferable mitigation
793credits.
794     b.  Extended permit agreements.
795     c.  Opportunities for recreational leases and ecotourism.
796     d.  Payment for specified land management services on
797publicly owned land, or property under covenant or restricted
798easement in favor of a public entity.
799     e.  Option agreements for sale to public entities or
800private land conservation entities, in either fee or easement,
801upon achievement of conservation objectives.
802     8.  The department shall report to the Legislature on an
803annual basis on the results of implementation of rural land
804stewardship areas authorized by the department, including
805successes and failures in achieving the intent of the
806Legislature as expressed in this paragraph.
807     9.  In recognition of the benefits of conceptual long-range
808planning, restoration and maintenance of the economic value of
809rural land; control of urban sprawl; identification and
810protection of ecosystems, habitats, and natural resources;
811promotion of rural economic activity; maintenance of the
812viability of the agricultural economy of this state; and
813protection of the character of rural areas of this state that
814will result from a rural land stewardship area, and to further
815encourage the innovative planning and development strategies in
816a rural land stewardship area, development within a rural land
817stewardship area is exempt from the requirements of s. 380.06.
818     (12)  A public school facilities element adopted to
819implement a school concurrency program shall meet the
820requirements of this subsection.
821     (a)  In order to enact a public school facilities element,
822each county and each municipality within the county must adopt a
823consistent public school facilities element and enter an
824interlocal agreement pursuant to s. 163.31777. The state land
825planning agency may provide a waiver to a county and to the
826municipalities within the county if the utilization rate for all
827schools within the district is less than 100 percent and the
828projected 5-year capital outlay full-time equivalent student
829growth rate is less than 10 percent. At its discretion, the
830state land planning agency may grant a waiver to a county or
831municipality for a single school to exceed the 100 percent
832limitation if it can be demonstrated that the utilization rate
833for that single school is not greater than 105 percent and there
834is no projected growth in the capital outlay full-time
835equivalent student population over the next 5 years. A
836municipality in a nonexempt county is exempt if the municipality
837meets all of the following criteria for having no significant
838impact on school attendance:
839     1.  The municipality has issued development orders for
840fewer than 50 residential dwelling units during the preceding 5
841years or the municipality has generated fewer than 25 additional
842public school students during the preceding 5 years.
843     2.  The municipality has not annexed new land during the
844preceding 5 years in land use categories that permit residential
845uses that will affect school attendance rates.
846     3.  The municipality has no public schools located within
847its boundaries.
848     4.  At least 80 percent of the developable land within the
849boundaries of the municipality has been developed.
850     (b)(a)  A public school facilities element shall be based
851upon data and analyses that address, among other items, how
852level-of-service standards will be achieved and maintained. Such
853data and analyses must include, at a minimum, such items as: the
854interlocal agreement adopted pursuant to s. 163.31777 and the 5-
855year school district facilities work program adopted pursuant to
856s. 1013.35; the educational plant survey prepared pursuant to s.
8571013.31 and an existing educational and ancillary plant map or
858map series; information on existing development and development
859anticipated for the next 5 years and the long-term planning
860period; an analysis of problems and opportunities for existing
861schools and schools anticipated in the future; an analysis of
862opportunities to collocate future schools with other public
863facilities such as parks, libraries, and community centers; an
864analysis of the need for supporting public facilities for
865existing and future schools; an analysis of opportunities to
866locate schools to serve as community focal points; projected
867future population and associated demographics, including
868development patterns year by year for the upcoming 5-year and
869long-term planning periods; and anticipated educational and
870ancillary plants with land area requirements.
871     (c)(b)  The element shall contain one or more goals which
872establish the long-term end toward which public school programs
873and activities are ultimately directed.
874     (d)(c)  The element shall contain one or more objectives
875for each goal, setting specific, measurable, intermediate ends
876that are achievable and mark progress toward the goal.
877     (e)(d)  The element shall contain one or more policies for
878each objective which establish the way in which programs and
879activities will be conducted to achieve an identified goal.
880     (f)(e)  The objectives and policies shall address items
881such as:
882     1.  The procedure for an annual update process;
883     2.  The procedure for school site selection;
884     3.  The procedure for school permitting;
885     4.  Provision of supporting infrastructure necessary to
886support proposed schools, including potable water, wastewater,
887drainage, solid waste, transportation, and means by which to
888ensure safe access to schools, including sidewalks, bicycle
889paths, turn lanes, and signalization;
890     5.  Provision of colocation of other public facilities,
891such as parks, libraries, and community centers, in proximity to
892public schools;
893     6.  Provision of location of schools proximate to
894residential areas and to complement patterns of development,
895including the location of future school sites so they serve as
896community focal points;
897     7.  Measures to ensure compatibility of school sites and
898surrounding land uses;
899     8.  Coordination with adjacent local governments and the
900school district on emergency preparedness issues, including the
901use of public schools to serve as emergency shelters; and
902     9.  Coordination with the future land use element.
903     (g)(f)  The element shall include one or more future
904conditions maps which depict the anticipated location of
905educational and ancillary plants, including the general location
906of improvements to existing schools or new schools anticipated
907over the 5-year or long-term planning period. The maps will of
908necessity be general for the long-term planning period and more
909specific for the 5-year period. Maps indicating general
910locations of future schools or school improvements may not
911prescribe a land use on a particular parcel of land.
912     (h)  The state land planning agency shall establish phased
913schedules for adoption of the public school facilities element
914and the required updates to the public schools interlocal
915agreement pursuant to s. 163.31777. The schedule for the updated
916public schools interlocal agreement shall provide for each
917county and local government within the county to submit the
918agreement no later than December 1, 2006. The schedule for the
919public schools facilities element shall provide for each county
920and local government within the county to adopt such element
921beginning December 1, 2008, and ending no later than December 1,
9222010. The state land planning agency shall set the same date for
923all governmental entities within a school district. However, if
924the county where the school district is located contains more
925than 20 municipalities, the state land planning agency may
926establish staggered due dates for the submission of interlocal
927agreements by these municipalities. Plan amendments to adopt a
928public school facilities element are exempt from the provisions
929of s. 163.3187(1).
930     (13)  Each local government is encouraged to develop a
931community vision that provides for sustainable growth,
932recognizes the local government's fiscal constraints, and
933protects the local government's natural resources. At the
934request of a local government, the applicable regional planning
935council shall provide assistance in the development of a long-
936range community vision. The community vision must reflect the
937community's shared concept for growth and development of the
938community, including visual representations depicting the
939desired land-use patterns and character of the community during
940a 10-year planning timeframe.
941     Section 6.  Subsections (1), (2), (5), (6), and (7) of
942section 163.31777, Florida Statutes, are amended to read:
943     163.31777  Public schools interlocal agreement.--
944     (1)(a)  The county and municipalities located within the
945geographic area of a school district shall enter into an
946interlocal agreement with the district school board which
947jointly establishes the specific ways in which the plans and
948processes of the district school board and the local governments
949are to be coordinated. The interlocal agreements shall be
950submitted to the state land planning agency and the Office of
951Educational Facilities and the SMART Schools Clearinghouse in
952accordance with a schedule published by the state land planning
953agency.
954     (b)  The schedule must establish staggered due dates for
955submission of interlocal agreements that are executed by both
956the local government and the district school board, commencing
957on March 1, 2003, and concluding by December 1, 2004, and must
958set the same date for all governmental entities within a school
959district. However, if the county where the school district is
960located contains more than 20 municipalities, the state land
961planning agency may establish staggered due dates for the
962submission of interlocal agreements by these municipalities. The
963schedule must begin with those areas where both the number of
964districtwide capital-outlay full-time-equivalent students equals
96580 percent or more of the current year's school capacity and the
966projected 5-year student growth is 1,000 or greater, or where
967the projected 5-year student growth rate is 10 percent or
968greater.
969     (b)(c)  If the student population has declined over the 5-
970year period preceding the due date for submittal of an
971interlocal agreement by the local government and the district
972school board, the local government and the district school board
973may petition the state land planning agency for a waiver of one
974or more requirements of subsection (2). The waiver must be
975granted if the procedures called for in subsection (2) are
976unnecessary because of the school district's declining school
977age population, considering the district's 5-year facilities
978work program prepared pursuant to s. 1013.35. The state land
979planning agency may modify or revoke the waiver upon a finding
980that the conditions upon which the waiver was granted no longer
981exist. The district school board and local governments must
982submit an interlocal agreement within 1 year after notification
983by the state land planning agency that the conditions for a
984waiver no longer exist.
985     (c)(d)  Interlocal agreements between local governments and
986district school boards adopted pursuant to s. 163.3177 before
987the effective date of this section must be updated and executed
988pursuant to the requirements of this section, if necessary.
989Amendments to interlocal agreements adopted pursuant to this
990section must be submitted to the state land planning agency
991within 30 days after execution by the parties for review
992consistent with this section. Local governments and the district
993school board in each school district are encouraged to adopt a
994single interlocal agreement to which all join as parties. The
995state land planning agency shall assemble and make available
996model interlocal agreements meeting the requirements of this
997section and notify local governments and, jointly with the
998Department of Education, the district school boards of the
999requirements of this section, the dates for compliance, and the
1000sanctions for noncompliance. The state land planning agency
1001shall be available to informally review proposed interlocal
1002agreements. If the state land planning agency has not received a
1003proposed interlocal agreement for informal review, the state
1004land planning agency shall, at least 60 days before the deadline
1005for submission of the executed agreement, renotify the local
1006government and the district school board of the upcoming
1007deadline and the potential for sanctions.
1008     (2)  At a minimum, The interlocal agreement shall
1009acknowledge the school board's constitutional and statutory
1010obligations to provide a uniform system of free public schools
1011on a countywide basis and the land use authority of local
1012governments, including their authority to approve or deny
1013comprehensive plan amendments and development orders. The
1014interlocal agreement must address the following issues:
1015     (a)  Establish the mechanisms for coordinating the
1016development, adoption, and amendment of each local government's
1017public school facilities element with each other and the plans
1018of the school board to ensure a uniform districtwide school
1019concurrency system.
1020     (b)  Establish a process for the development of siting
1021criteria which encourages the location of public schools
1022proximate to urban residential areas to the extent possible and
1023seeks to collocate schools with other public facilities such as
1024parks, libraries, and community centers to the extent possible.
1025     (c)  Specify uniform, districtwide level-of-service
1026standards for public schools of the same type and the process
1027for modifying the adopted levels-of-service standards.
1028     (d)  Establish a financially feasible process for the
1029preparation, amendment, and joint approval by each local
1030government and the school board of a public school capital
1031facilities program, and a process and schedule for incorporation
1032of the public school capital facilities program into the local
1033government comprehensive plans on an annual basis.
1034     (e)  Define the geographic application of school
1035concurrency. If school concurrency is to be applied on a less
1036than districtwide basis in the form of concurrency service
1037areas, the agreement shall establish criteria and standards for
1038the establishment and modification of school concurrency service
1039areas. The agreement shall also establish a process and schedule
1040for the mandatory incorporation of the school concurrency
1041service areas and the criteria and standards for establishment
1042of the service areas into the local government comprehensive
1043plans. The agreement shall ensure maximum utilization of school
1044capacity, taking into account transportation costs and court-
1045approved desegregation plans, as well as other applicable
1046factors. The agreement shall also ensure the achievement and
1047maintenance of the adopted level-of-service standards for the
1048geographic area of application throughout the 5 years covered by
1049the public school capital facilities plan and thereafter by
1050adding a new fifth year during the annual update.
1051     (f)  Establish a uniform districtwide procedure for
1052implementing school concurrency which provides for:
1053     1.  The evaluation of development applications for
1054compliance with school concurrency requirements, including
1055information provided by the school board on affected schools;
1056     2.  An opportunity for the school board to review and
1057comment on the effect of comprehensive plan amendments and
1058rezonings on the public school facilities plan; and
1059     3.  The monitoring and evaluation of the school concurrency
1060system.
1061     (g)  A process and uniform methodology for determining
1062proportionate-share mitigation pursuant to s. 380.06.
1063     (h)(a)  A process by which each local government and the
1064district school board agree and base their plans on consistent
1065projections of the amount, type, and distribution of population
1066growth and student enrollment. The geographic distribution of
1067jurisdiction-wide growth forecasts is a major objective of the
1068process.
1069     (i)(b)  A process to coordinate and share information
1070relating to existing and planned public school facilities,
1071including school renovations and closures, and local government
1072plans for development and redevelopment.
1073     (j)(c)  Participation by affected local governments with
1074the district school board in the process of evaluating potential
1075school closures, significant renovations to existing schools,
1076and new school site selection before land acquisition. Local
1077governments shall advise the district school board as to the
1078consistency of the proposed closure, renovation, or new site
1079with the local comprehensive plan, including appropriate
1080circumstances and criteria under which a district school board
1081may request an amendment to the comprehensive plan for school
1082siting.
1083     (k)(d)  A process for determining the need for and timing
1084of onsite and offsite improvements to support new, proposed
1085expansion, or redevelopment of existing schools. The process
1086must address identification of the party or parties responsible
1087for the improvements.
1088     (l)(e)  A process for the school board to inform the local
1089government regarding the effect of comprehensive plan amendments
1090on school capacity. The capacity reporting must be consistent
1091with laws and rules relating to measurement of school facility
1092capacity and must also identify how the district school board
1093will meet the public school demand based on the facilities work
1094program adopted pursuant to s. 1013.35.
1095     (m)(f)  Participation of the local governments in the
1096preparation of the annual update to the district school board's
10975-year district facilities work program and educational plant
1098survey prepared pursuant to s. 1013.35.
1099     (n)(g)  A process for determining where and how joint use
1100of either school board or local government facilities can be
1101shared for mutual benefit and efficiency.
1102     (o)(h)  A procedure for the resolution of disputes between
1103the district school board and local governments, which may
1104include the dispute resolution processes contained in chapters
1105164 and 186.
1106     (p)(i)  An oversight process, including an opportunity for
1107public participation, for the implementation of the interlocal
1108agreement.
1109     (q)  A process for development of a public school
1110facilities element pursuant to 163.3177(12).
1111
1112A signatory to the interlocal agreement may elect not to include
1113a provision meeting the requirements of paragraph (e); however,
1114such a decision may be made only after a public hearing on such
1115election, which may include the public hearing in which a
1116district school board or a local government adopts the
1117interlocal agreement. An interlocal agreement entered into
1118pursuant to this section must be consistent with the adopted
1119comprehensive plan and land development regulations of any local
1120government that is a signatory.
1121     (5)  Any local government transmitting a public school
1122element to implement school concurrency pursuant to the
1123requirements of s. 163.3180 before July 1, 2005 the effective
1124date of this section is not required to amend the element or any
1125interlocal agreement to conform with the provisions of this
1126section if the element is adopted prior to or within 1 year
1127after the effective date of this section and remains in effect.
1128     (6)  Except as provided in subsection (7), municipalities
1129meeting the exemption criteria in s. 163.3177(12) having no
1130established need for a new school facility and meeting the
1131following criteria are exempt from the requirements of
1132subsections (1), (2), and (3).:
1133     (a)  The municipality has no public schools located within
1134its boundaries.
1135     (b)  The district school board's 5-year facilities work
1136program and the long-term 10-year and 20-year work programs, as
1137provided in s. 1013.35, demonstrate that no new school facility
1138is needed in the municipality. In addition, the district school
1139board must verify in writing that no new school facility will be
1140needed in the municipality within the 5-year and 10-year
1141timeframes.
1142     (7)  At the time of the evaluation and appraisal report,
1143each exempt municipality shall assess the extent to which it
1144continues to meet the criteria for exemption under s.
1145163.3177(12) subsection (6). If the municipality continues to
1146meet these criteria and the district school board verifies in
1147writing that no new school facilities will be needed within the
11485-year and 10-year timeframes, the municipality shall continue
1149to be exempt from the interlocal-agreement requirement. Each
1150municipality exempt under s. 163.3177(12) subsection (6) must
1151comply with the provisions of this section within 1 year after
1152the district school board proposes, in its 5-year district
1153facilities work program, a new school within the municipality's
1154jurisdiction.
1155     Section 7.  Paragraph (a) of subsection (1), paragraphs (a)
1156and (c) of subsection (2), paragraph (c) of subsection (4),
1157subsections (5), (6), (7), (9), (10), and (13), and paragraph
1158(c) of subsection (15) of section 163.3180, Florida Statutes,
1159are amended, and subsections (16) and (17) are added to said
1160section, to read:
1161     163.3180  Concurrency.--
1162     (1)(a)  Sanitary sewer, solid waste, drainage, potable
1163water, parks and recreation, schools, and transportation
1164facilities, including mass transit, where applicable, are the
1165only public facilities and services subject to the concurrency
1166requirement on a statewide basis. Additional public facilities
1167and services may not be made subject to concurrency on a
1168statewide basis without appropriate study and approval by the
1169Legislature; however, any local government may extend the
1170concurrency requirement so that it applies to additional public
1171facilities within its jurisdiction.
1172     (2)(a)  Consistent with public health and safety, sanitary
1173sewer, solid waste, drainage, adequate water supplies, and
1174potable water facilities shall be in place and available to
1175serve new development no later than the issuance by the local
1176government of a certificate of occupancy or its functional
1177equivalent.
1178     (c)  Consistent with the public welfare, and except as
1179otherwise provided in this section, transportation facilities
1180designated as part of the Florida Intrastate Highway System
1181needed to serve new development shall be in place or under
1182actual construction within 3 not more than 5 years after
1183issuance by the local government of a certificate of occupancy
1184or its functional equivalent. Other transportation facilities
1185needed to serve new development shall be in place or under
1186actual construction no more than 3 years after issuance by the
1187local government of a certificate of occupancy or its functional
1188equivalent.
1189     (4)
1190     (c)  The concurrency requirement, except as it relates to
1191transportation facilities, as implemented in local government
1192comprehensive plans, may be waived by a local government for
1193urban infill and redevelopment areas designated pursuant to s.
1194163.2517 if such a waiver does not endanger public health or
1195safety as defined by the local government in its local
1196government comprehensive plan. The waiver shall be adopted as a
1197plan amendment pursuant to the process set forth in s.
1198163.3187(3)(a). A local government may grant a concurrency
1199exception pursuant to subsection (5) for transportation
1200facilities located within these urban infill and redevelopment
1201areas. Within designated urban infill and redevelopment areas,
1202the local government and Department of Transportation shall
1203cooperatively establish a plan for maintaining the adopted
1204level-of-service standards established by the Department of
1205Transportation for Strategic Intermodal System facilities, as
1206defined in s. 339.64.
1207     (5)(a)  The Legislature finds that under limited
1208circumstances dealing with transportation facilities,
1209countervailing planning and public policy goals may come into
1210conflict with the requirement that adequate public facilities
1211and services be available concurrent with the impacts of such
1212development. The Legislature further finds that often the
1213unintended result of the concurrency requirement for
1214transportation facilities is the discouragement of urban infill
1215development and redevelopment. Such unintended results directly
1216conflict with the goals and policies of the state comprehensive
1217plan and the intent of this part. Therefore, exceptions from the
1218concurrency requirement for transportation facilities may be
1219granted as provided by this subsection.
1220     (b)  A local government may grant an exception from the
1221concurrency requirement for transportation facilities if the
1222proposed development is otherwise consistent with the adopted
1223local government comprehensive plan and is a project that
1224promotes public transportation or is located within an area
1225designated in the comprehensive plan for:
1226     1.  Urban infill development,
1227     2.  Urban redevelopment,
1228     3.  Downtown revitalization, or
1229     4.  Urban infill and redevelopment under s. 163.2517.
1230     5. An adopted detailed specific area plan within an
1231optional sector plan approved pursuant to s. 163.3245.
1232     (c)  The Legislature also finds that developments located
1233within urban infill, urban redevelopment, existing urban
1234service, or downtown revitalization areas or areas designated as
1235urban infill and redevelopment areas under s. 163.2517 which
1236pose only special part-time demands on the transportation system
1237should be excepted from the concurrency requirement for
1238transportation facilities. A special part-time demand is one
1239that does not have more than 200 scheduled events during any
1240calendar year and does not affect the 100 highest traffic volume
1241hours.
1242     (d)  A local government shall establish guidelines for
1243granting the exceptions authorized in paragraphs (b) and (c) in
1244the comprehensive plan. These guidelines must include
1245consideration of the Strategic Intermodal System impacts on the
1246Florida Intrastate Highway System, as defined in s. 338.001. The
1247exceptions may be available only within the specific geographic
1248area of the jurisdiction designated in the plan. Pursuant to s.
1249163.3184, any affected person may challenge a plan amendment
1250establishing these guidelines and the areas within which an
1251exception could be granted.
1252     (e)  It is a high state priority that urban infill and
1253redevelopment be promoted and provided incentives. By promoting
1254the revitalization of existing communities of this state, a more
1255efficient maximization of space and facilities may be achieved
1256and urban sprawl will be discouraged. If a local government
1257creates a long-term vision for its community that includes
1258adequate funding and services, the transportation facilities
1259concurrency requirement of paragraph (2)(c) are waived for:
1260     1. Urban infill development;
1261     2. Urban redevelopment;
1262     3. Downtown revitalization;
1263     4. Urban infill and redevelopment under s. 163.2517; or
1264     5. Local governments that are at least 90 percent built-
1265out. "Built-out" means 90 percent of a local government's
1266developable land is currently developed. However, if a
1267municipality annexes unincorporated property that decreases the
1268percentage of build-out to an amount below 90 percent, any newly
1269annexed property shall not be exempt from transportation
1270facilities concurrency requirements unless the annexed property
1271is at least 90 percent built out. The local government and
1272Department of Transportation shall cooperatively establish a
1273plan for maintaining the adopted level-of-service standards
1274established by the Department of Transportation for Strategic
1275Intermodal System facilities, as defined in s. 339.64.
1276     (6)  The Legislature finds that a de minimis impact is
1277consistent with this part. A de minimis impact is an impact that
1278would not affect more than 1 percent of the maximum volume at
1279the adopted level of service of the affected transportation
1280facility as determined by the local government. No impact will
1281be de minimis if the sum of existing roadway volumes and the
1282projected volumes from approved projects on a transportation
1283facility would exceed 110 percent of the maximum volume at the
1284adopted level of service of the affected transportation
1285facility; provided however, that an impact of a single family
1286home on an existing lot will constitute a de minimis impact on
1287all roadways regardless of the level of the deficiency of the
1288roadway. Local governments are encouraged to adopt methodologies
1289to encourage de minimis impacts on transportation facilities
1290within an existing urban service area. Further, no impact will
1291be de minimis if it would exceed the adopted level-of-service
1292standard of any affected designated hurricane evacuation routes.
1293Each local government shall annually adjust its concurrency
1294management system calculation of existing background traffic to
1295reflect projects permitted under the de minimis exemption.
1296     (7)  In order to promote infill development and
1297redevelopment, one or more transportation concurrency management
1298areas may be designated in a local government comprehensive
1299plan. A transportation concurrency management area must be a
1300compact geographic area with an existing network of roads where
1301multiple, viable alternative travel paths or modes are available
1302for common trips. A local government may establish an areawide
1303level-of-service standard for such a transportation concurrency
1304management area based upon an analysis that provides for a
1305justification for the areawide level of service, how urban
1306infill development or redevelopment will be promoted, and how
1307mobility will be accomplished within the transportation
1308concurrency management area. Within designated urban infill and
1309redevelopment areas, the local government and Department of
1310Transportation shall cooperatively establish a plan for
1311maintaining the adopted level-of-service standards established
1312by the Department of Transportation for Strategic Intermodal
1313System facilities, as defined in s. 339.64. The state land
1314planning agency shall amend chapter 9J-5, Florida Administrative
1315Code, to be consistent with this subsection.
1316     (9)(a)  Each local government may adopt as a part of its
1317plan, a long-term transportation and school concurrency
1318management systems system with a planning period of up to 10
1319years for specially designated districts or areas where
1320significant backlogs exist. The plan may include interim level-
1321of-service standards on certain facilities and shall may rely on
1322the local government's schedule of capital improvements for up
1323to 10 years as a basis for issuing development orders that
1324authorize commencement of construction permits in these
1325designated districts or areas. The concurrency management
1326system. It must be designed to correct existing deficiencies and
1327set priorities for addressing backlogged facilities. The
1328concurrency management system It must be financially feasible
1329and consistent with other portions of the adopted local plan,
1330including the future land use map.
1331     (b)  If a local government has a transportation or school
1332facility backlog for existing development which cannot be
1333adequately addressed in a 10-year plan, the state land planning
1334agency may allow it to develop a plan and long-term schedule of
1335capital improvements covering of up to 15 years for good and
1336sufficient cause, based on a general comparison between that
1337local government and all other similarly situated local
1338jurisdictions, using the following factors:
1339     1.  The extent of the backlog.
1340     2.  For roads, whether the backlog is on local or state
1341roads.
1342     3.  The cost of eliminating the backlog.
1343     4.  The local government's tax and other revenue-raising
1344efforts.
1345     (c)  The local government may issue approvals to commence
1346construction, notwithstanding s. 163.3180, consistent with and
1347in areas that are subject to a long-term concurrency management
1348system.
1349     (d)  If the local government adopts a long-term concurrency
1350management system, the government must evaluate the system
1351periodically. At a minimum, the local government must assess its
1352progress toward improving levels of service within the long-term
1353concurrency management district or area in the evaluation and
1354appraisal report and determine any changes that are necessary to
1355accelerate progress in meeting acceptable levels of service or
1356providing other methods of transportation.
1357     (10)  With regard to facilities on the Florida Intrastate
1358Highway System as defined in s. 338.001, with concurrence from
1359the Department of Transportation, the level-of-service standard
1360for general lanes in urbanized areas, as defined in s.
1361334.03(36), may be established by the local government in the
1362comprehensive plan. For the Strategic Intermodal System and all
1363other facilities on the Florida Intrastate Highway System, local
1364governments shall adopt the level-of-service standard that has
1365been established by the Department of Transportation by rule.
1366For all other roads on the State Highway System, local
1367governments shall establish an adequate level-of-service
1368standard that need not be consistent with any level-of-service
1369standard established by the Department of Transportation. In
1370establishing adequate level-of-service standards for any
1371arterial roads or collector roads, as appropriate, which
1372traverse multiple jurisdictions, local governments shall
1373consider compatibility with the roadway facility's adopted
1374level-of-service standards in adjacent jurisdictions. Each local
1375government within a county shall use a common and professionally
1376accepted methodology for measuring impacts on transportation
1377facilities for the purposes of implementing its concurrency
1378management system. Counties are encouraged to coordinate with
1379adjacent counties for the purpose of using common methodologies
1380for implementing their concurrency management systems.
1381     (13)  School concurrency, if imposed by local option, shall
1382be established on a districtwide basis and shall include all
1383public schools in the district and all portions of the district,
1384whether located in a municipality or an unincorporated area
1385unless exempt from the public school facilities element pursuant
1386to s. 163.3177(12), except that this subsection shall not apply
1387to the Florida School for the Deaf and the Blind. The
1388development of school concurrency shall be accomplished through
1389a coordinated process including the local school district, the
1390county, and all non-exempt municipalities within the county and
1391shall be reflected in the public school facilities element
1392adopted pursuant to the schedule provided for in s.
1393163.3177(12)(h). The school concurrency requirement shall not be
1394effective until the adoption of the public school facilities
1395element. The application of school concurrency to development
1396shall be based upon the adopted comprehensive plan, as amended.
1397All local governments within a county, except as provided in
1398paragraph (f), shall adopt and transmit to the state land
1399planning agency the necessary plan amendments, along with the
1400interlocal agreement, for a compliance review pursuant to s.
1401163.3184(7) and (8). School concurrency shall not become
1402effective in a county until all local governments, except as
1403provided in paragraph (f), have adopted the necessary plan
1404amendments, which together with the interlocal agreement, are
1405determined to be in compliance with the requirements of this
1406part. The minimum requirements for school concurrency are the
1407following:
1408     (a)  Public school facilities element.--A local government
1409shall adopt and transmit to the state land planning agency a
1410plan or plan amendment which includes a public school facilities
1411element which is consistent with the requirements of s.
1412163.3177(12) and which is determined to be in compliance as
1413defined in s. 163.3184(1)(b). All local government public school
1414facilities plan elements within a county must be consistent with
1415each other as well as the requirements of this part.
1416     (b)  Level-of-service standards.--The Legislature
1417recognizes that an essential requirement for a concurrency
1418management system is the level of service at which a public
1419facility is expected to operate.
1420     1.  Local governments and school boards imposing school
1421concurrency shall exercise authority in conjunction with each
1422other to establish jointly adequate level-of-service standards,
1423as defined in chapter 9J-5, Florida Administrative Code,
1424necessary to implement the adopted local government
1425comprehensive plan, based on data and analysis.
1426     2.  Public school level-of-service standards shall be
1427included and adopted into the capital improvements element of
1428the local comprehensive plan and shall apply districtwide to all
1429schools of the same type. Types of schools may include
1430elementary, middle, and high schools as well as special purpose
1431facilities such as magnet schools.
1432     3.  Local governments and school boards shall have the
1433option to utilize tiered level-of-service standards to allow
1434time to achieve an adequate and desirable level of service as
1435circumstances warrant.
1436     (c)  Service areas.--The Legislature recognizes that an
1437essential requirement for a concurrency system is a designation
1438of the area within which the level of service will be measured
1439when an application for a residential development permit is
1440reviewed for school concurrency purposes. This delineation is
1441also important for purposes of determining whether the local
1442government has a financially feasible public school capital
1443facilities program that will provide schools which will achieve
1444and maintain the adopted level-of-service standards.
1445     1.  In order to balance competing interests, preserve the
1446constitutional concept of uniformity, and avoid disruption of
1447existing educational and growth management processes, local
1448governments are encouraged to initially apply school concurrency
1449to development only on a districtwide basis so that a
1450concurrency determination for a specific development will be
1451based upon the availability of school capacity districtwide. To
1452ensure that development is coordinated with schools having
1453available capacity, within 5 years after adoption of school
1454concurrency local governments shall apply school concurrency on
1455a less than districtwide basis, such as using school attendance
1456zones or concurrency service areas, as provided in subparagraph
14572.
1458     2.  For local governments applying school concurrency on a
1459less than districtwide basis, such as utilizing school
1460attendance zones or larger school concurrency service areas,
1461local governments and school boards shall have the burden to
1462demonstrate that the utilization of school capacity is maximized
1463to the greatest extent possible in the comprehensive plan and
1464amendment, taking into account transportation costs and court-
1465approved desegregation plans, as well as other factors. In
1466addition, in order to achieve concurrency within the service
1467area boundaries selected by local governments and school boards,
1468the service area boundaries, together with the standards for
1469establishing those boundaries, shall be identified and, included
1470as supporting data and analysis for, and adopted as part of the
1471comprehensive plan. Any subsequent change to the service area
1472boundaries for purposes of a school concurrency system shall be
1473by plan amendment and shall be exempt from the limitation on the
1474frequency of plan amendments in s. 163.3187(1).
1475     3.  Where school capacity is available on a districtwide
1476basis but school concurrency is applied on a less than
1477districtwide basis in the form of concurrency service areas, if
1478the adopted level-of-service standard cannot be met in a
1479particular service area as applied to an application for a
1480development permit through mitigation or other measures and if
1481the needed capacity for the particular service area is available
1482in one or more contiguous service areas, as adopted by the local
1483government, then the development order  may not shall be denied
1484on the basis of school concurrency, and if issued, development
1485impacts shall be shifted to contiguous service areas with
1486schools having available capacity and mitigation measures shall
1487not be exacted.
1488     (d)  Financial feasibility.--The Legislature recognizes
1489that financial feasibility is an important issue because the
1490premise of concurrency is that the public facilities will be
1491provided in order to achieve and maintain the adopted level-of-
1492service standard. This part and chapter 9J-5, Florida
1493Administrative Code, contain specific standards to determine the
1494financial feasibility of capital programs. These standards were
1495adopted to make concurrency more predictable and local
1496governments more accountable.
1497     1.  A comprehensive plan amendment seeking to impose school
1498concurrency shall contain appropriate amendments to the capital
1499improvements element of the comprehensive plan, consistent with
1500the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
1501Administrative Code. The capital improvements element shall set
1502forth a financially feasible public school capital facilities
1503program, established in conjunction with the school board, that
1504demonstrates that the adopted level-of-service standards will be
1505achieved and maintained.
1506     2.  Such amendments shall demonstrate that the public
1507school capital facilities program meets all of the financial
1508feasibility standards of this part and chapter 9J-5, Florida
1509Administrative Code, that apply to capital programs which
1510provide the basis for mandatory concurrency on other public
1511facilities and services.
1512     3.  When the financial feasibility of a public school
1513capital facilities program is evaluated by the state land
1514planning agency for purposes of a compliance determination, the
1515evaluation shall be based upon the service areas selected by the
1516local governments and school board.
1517     (e)  Availability standard.--Consistent with the public
1518welfare, a local government may not deny a development order or
1519its functional equivalent permit authorizing residential
1520development for failure to achieve and maintain the level-of-
1521service standard for public school capacity in a local option
1522school concurrency management system where adequate school
1523facilities will be in place or under actual construction within
15243 years after the permit issuance by the local government of a
1525certificate of occupancy or its functional equivalent. School
1526concurrency shall be satisfied if the developer executes a
1527legally binding commitment to provide mitigation proportionate
1528to the demand for public school facilities to be created by
1529actual development of the property, including, but not limited
1530to, the options described in subparagraph 1. Approval of a
1531funding agreement shall not be unreasonably withheld. Any
1532dispute shall be mediated pursuant to s. 120.573. Options for
1533proportionate-share mitigation of impacts on public school
1534facilities shall be established in the interlocal agreement
1535pursuant to s. 163.31777.
1536     1.  Appropriate mitigation options include the contribution
1537of land; the construction, expansion, or payment for land
1538acquisition or construction of a public school facility; or the
1539creation of mitigation banking based on the construction of a
1540public school facility in exchange for the right to sell
1541capacity credits. Such options must include execution by the
1542applicant and the local government of a binding development
1543agreement that constitutes a legally binding commitment to pay
1544proportionate-share mitigation for the additional residential
1545units approved by the local government in a development order
1546and actually developed on the property, taking into account
1547residential density allowed on the property prior to the plan
1548amendment that increased overall residential density. The
1549district school board shall be a party to such an agreement. As
1550a condition of its entry into such a development agreement, the
1551local government may require the landowner to agree to
1552continuing renewal of the agreement upon its expiration.
1553     2.  If the education facilities plan and the public
1554educational facilities element authorize a contribution of land;
1555the construction, expansion, or payment for land acquisition; or
1556the construction or expansion of a public school facility, or a
1557portion of such facility, as proportionate-share mitigation, the
1558local government shall credit such a contribution, construction,
1559expansion, or payment toward any other impact fee or exaction
1560imposed by local ordinance for the same need, on a dollar-for-
1561dollar basis at fair market value.
1562     3.  Any proportionate-share mitigation must be directed by
1563the school board toward a school capacity improvement that is
1564identified in the financially feasible 5-year district work plan
1565and that will be provided in accordance with a binding
1566developer's agreement.
1567     (f)  Intergovernmental coordination.--
1568     1.  When establishing concurrency requirements for public
1569schools, a local government shall satisfy the requirements for
1570intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1571and 2., except that a municipality is not required to be a
1572signatory to the interlocal agreement required by ss. s.
1573163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1574imposition of school concurrency, and as a nonsignatory, shall
1575not participate in the adopted local school concurrency system,
1576if the municipality meets all of the following criteria for
1577having no significant impact on school attendance:
1578     a.  The municipality has issued development orders for
1579fewer than 50 residential dwelling units during the preceding 5
1580years, or the municipality has generated fewer than 25
1581additional public school students during the preceding 5 years.
1582     b.  The municipality has not annexed new land during the
1583preceding 5 years in land use categories which permit
1584residential uses that will affect school attendance rates.
1585     c.  The municipality has no public schools located within
1586its boundaries.
1587     d.  At least 80 percent of the developable land within the
1588boundaries of the municipality has been built upon.
1589     2.  A municipality which qualifies as having no significant
1590impact on school attendance pursuant to the criteria of
1591subparagraph 1. must review and determine at the time of its
1592evaluation and appraisal report pursuant to s. 163.3191 whether
1593it continues to meet the criteria pursuant to s. 163.31777(6).
1594If the municipality determines that it no longer meets the
1595criteria, it must adopt appropriate school concurrency goals,
1596objectives, and policies in its plan amendments based on the
1597evaluation and appraisal report, and enter into the existing
1598interlocal agreement required by ss. s. 163.3177(6)(h)2. and
1599163.31777, in order to fully participate in the school
1600concurrency system. If such a municipality fails to do so, it
1601will be subject to the enforcement provisions of s. 163.3191.
1602     (g)  Interlocal agreement for school concurrency.--When
1603establishing concurrency requirements for public schools, a
1604local government must enter into an interlocal agreement which
1605satisfies the requirements in s. 163.3177(6)(h)1. and 2. and the
1606requirements of this subsection. The interlocal agreement shall
1607acknowledge both the school board's constitutional and statutory
1608obligations to provide a uniform system of free public schools
1609on a countywide basis, and the land use authority of local
1610governments, including their authority to approve or deny
1611comprehensive plan amendments and development orders. The
1612interlocal agreement shall be submitted to the state land
1613planning agency by the local government as a part of the
1614compliance review, along with the other necessary amendments to
1615the comprehensive plan required by this part. In addition to the
1616requirements of s. 163.3177(6)(h), the interlocal agreement
1617shall meet the following requirements:
1618     1.  Establish the mechanisms for coordinating the
1619development, adoption, and amendment of each local government's
1620public school facilities element with each other and the plans
1621of the school board to ensure a uniform districtwide school
1622concurrency system.
1623     2.  Establish a process by which each local government and
1624the school board shall agree and base their plans on consistent
1625projections of the amount, type, and distribution of population
1626growth and coordinate and share information relating to existing
1627and planned public school facilities projections and proposals
1628for development and redevelopment, and infrastructure required
1629to support public school facilities.
1630     3.  Establish a process for the development of siting
1631criteria which encourages the location of public schools
1632proximate to urban residential areas to the extent possible and
1633seeks to collocate schools with other public facilities such as
1634parks, libraries, and community centers to the extent possible.
1635     4.  Specify uniform, districtwide level-of-service
1636standards for public schools of the same type and the process
1637for modifying the adopted levels-of-service standards.
1638     5.  Establish a process for the preparation, amendment, and
1639joint approval by each local government and the school board of
1640a public school capital facilities program which is financially
1641feasible, and a process and schedule for incorporation of the
1642public school capital facilities program into the local
1643government comprehensive plans on an annual basis.
1644     6.  Define the geographic application of school
1645concurrency. If school concurrency is to be applied on a less
1646than districtwide basis in the form of concurrency service
1647areas, the agreement shall establish criteria and standards for
1648the establishment and modification of school concurrency service
1649areas. The agreement shall also establish a process and schedule
1650for the mandatory incorporation of the school concurrency
1651service areas and the criteria and standards for establishment
1652of the service areas into the local government comprehensive
1653plans. The agreement shall ensure maximum utilization of school
1654capacity, taking into account transportation costs and court-
1655approved desegregation plans, as well as other factors. The
1656agreement shall also ensure the achievement and maintenance of
1657the adopted level-of-service standards for the geographic area
1658of application throughout the 5 years covered by the public
1659school capital facilities plan and thereafter by adding a new
1660fifth year during the annual update.
1661     7.  Establish a uniform districtwide procedure for
1662implementing school concurrency which provides for:
1663     a.  The evaluation of development applications for
1664compliance with school concurrency requirements;
1665     b.  An opportunity for the school board to review and
1666comment on the effect of comprehensive plan amendments and
1667rezonings on the public school facilities plan; and
1668     c.  The monitoring and evaluation of the school concurrency
1669system.
1670     8.  Include provisions relating to termination, suspension,
1671and amendment of the agreement. The agreement shall provide that
1672if the agreement is terminated or suspended, the application of
1673school concurrency shall be terminated or suspended.
1674     (15)
1675     (c)  Local governments may establish multimodal level-of-
1676service standards that rely primarily on nonvehicular modes of
1677transportation within the district, when justified by an
1678analysis demonstrating that the existing and planned community
1679design will provide an adequate level of mobility within the
1680district based upon professionally accepted multimodal level-of-
1681service methodologies. Within designated urban infill and
1682redevelopment areas, the local government and Department of
1683Transportation shall cooperatively establish a plan for
1684maintaining the adopted level-of-service standards established
1685by the Department of Transportation for Strategic Intermodal
1686System facilities, as defined in s. 339.64. The analysis must
1687take into consideration the impact on the Florida Intrastate
1688Highway System. The analysis must also demonstrate that the
1689capital improvements required to promote community design are
1690financially feasible over the development or redevelopment
1691timeframe for the district and that community design features
1692within the district provide convenient interconnection for a
1693multimodal transportation system. Local governments may issue
1694development permits in reliance upon all planned community
1695design capital improvements that are financially feasible over
1696the development or redevelopment timeframe for the district,
1697without regard to the period of time between development or
1698redevelopment and the scheduled construction of the capital
1699improvements. A determination of financial feasibility shall be
1700based upon currently available funding or funding sources that
1701could reasonably be expected to become available over the
1702planning period.
1703     (16)(a)  It is the intent of the Legislature to provide a
1704method by which the impacts of development on transportation
1705facilities can be mitigated by the cooperative efforts of the
1706public and private sectors.
1707     (b)  When authorized in a local government comprehensive
1708plan, local governments may create mitigation banks for
1709transportation facilities to satisfy the concurrency provisions
1710of this section, using the process and methodology developed in
1711accordance with s. 163.3177(6)(b).
1712     (c)  Mitigation contributions shall be used to satisfy the
1713transportation concurrency requirements of this section and may
1714be applied as a credit against impact fees. Mitigation for
1715development impacts to facilities on the Strategic Intermodal
1716System made pursuant to this subsection requires the concurrence
1717of the Department of Transportation. However, this does not
1718authorize the Department of Transportation to arbitrarily charge
1719a fee or require additional mitigation. Concurrence by the
1720Department of Transportation may not be withheld unduly.
1721     (d)  Transportation facilities concurrency shall be
1722satisfied if the developer executes a legally binding commitment
1723to provide mitigation proportionate to the demand for
1724transportation facilities to be created by actual development of
1725the property, including, but not limited to, the options for
1726mitigation established in the transportation element or traffic
1727circulation element. Approval of a funding agreement shall not
1728be unreasonably withheld. Any dispute shall be mediated pursuant
1729to s. 120.573. Appropriate transportation mitigation
1730contributions may include public or private funds; the
1731contribution of right-of-way; the construction of a
1732transportation facility or payment for the right-of-way or
1733construction of a transportation facility or service; or the
1734provision of transit service. Such options shall include
1735execution of an enforceable development agreement for projects
1736to be funded by a developer.
1737     (17)  A development may satisfy the concurrency
1738requirements of the local comprehensive plan, the local
1739government's land development regulations, and s. 380.06 by
1740entering into a legally binding commitment to provide mitigation
1741proportionate to the direct impact of the development. A local
1742government may not require a development to pay more than its
1743proportionate-share contribution regardless of the method
1744mitigation.
1745     Section 8.  Paragraph (a) of subsection (6) of section
1746163.3184, Florida Statutes, is amended to read:
1747     163.3184  Process for adoption of comprehensive plan or
1748plan amendment.--
1749     (6)  STATE LAND PLANNING AGENCY REVIEW.--
1750     (a)  The state land planning agency may shall review a
1751proposed plan amendment upon request of a regional planning
1752council, affected person, or local government transmitting the
1753plan amendment. The request from the regional planning council
1754or affected person must be received within 30 days after
1755transmittal of the proposed plan amendment pursuant to
1756subsection (3). A regional planning council or affected person
1757requesting a review shall do so by submitting a written request
1758to the agency with a notice of the request to the local
1759government and any other person who has requested notice.
1760     Section 9.  Paragraph (o) is added to subsection (1) of
1761section 163.3187, Florida Statutes, to read:
1762     163.3187  Amendment of adopted comprehensive plan.--
1763     (1)  Amendments to comprehensive plans adopted pursuant to
1764this part may be made not more than two times during any
1765calendar year, except:
1766     (o)1.  For local governments that are more than 90 percent
1767built-out, which for purposes of this paragraph means 90 percent
1768of a local government's developable land is currently developed,
1769any local government comprehensive plan amendments may be
1770approved without regard to statutory limits on the frequency of
1771consideration of amendments to the local comprehensive plan only
1772if the proposed amendment involves a use of 100 acres or fewer
1773and:
1774     a.  The cumulative annual effect of the acreage for all
1775amendments adopted pursuant to this paragraph does not exceed
1776500 acres.
1777     b.  The proposed amendment does not involve the same
1778property granted a change within the prior 12 months.
1779     c.  The proposed amendment does not involve the same
1780owner's property within 200 feet of property granted a change
1781within the prior 12 months.
1782     d.  The proposed amendment does not involve a text change
1783to the goals, policies, and objectives of the local government's
1784comprehensive plan but only proposes a land use change to the
1785future land use map for a site-specific small scale development
1786activity.
1787     e.  The property that is the subject of the proposed
1788amendment is not located within an area of critical state
1789concern.
1790     2.a.  A local government that proposes to consider a plan
1791amendment pursuant to this paragraph is not required to comply
1792with the procedures and public notice requirements of s.
1793163.3184(15)(c) for such plan amendments if the local government
1794complies with the provisions of s. 125.66(4)(a) for a county or
1795of s. 166.041(3)(c) for a municipality. If a request for a plan
1796amendment under this paragraph is initiated by other than the
1797local government, public notice is required.
1798     b.  The local government shall send copies of the notice
1799and amendment to the state land planning agency, the regional
1800planning council, and any other person or entity requesting a
1801copy. This information shall also include a statement
1802identifying any property subject to the amendment that is
1803located within a coastal high hazard area as identified in the
1804local comprehensive plan.
1805     3.  Amendments adopted pursuant to this paragraph require
1806only one public hearing before the governing board, which shall
1807be an adoption hearing as described in s. 163.3184(7), and are
1808not subject to the requirements of s. 163.3184(3)-(6) unless the
1809local government elects to have them subject to those
1810requirements.
1811     4.  This paragraph shall not apply if a municipality
1812annexes unincorporated property that decreases the percentage of
1813build-out to an amount below 90 percent.
1814     Section 10.  Paragraphs (k) and (l) of subsection (2) and
1815subsection (10) of section 163.3191, Florida Statutes, are
1816amended to read:
1817     163.3191  Evaluation and appraisal of comprehensive plan.--
1818     (2)  The report shall present an evaluation and assessment
1819of the comprehensive plan and shall contain appropriate
1820statements to update the comprehensive plan, including, but not
1821limited to, words, maps, illustrations, or other media, related
1822to:
1823     (k)  The coordination of the comprehensive plan with
1824existing public schools and those identified in the applicable
1825educational facilities plan adopted pursuant to s. 1013.35. The
1826assessment shall address, where relevant, the success or failure
1827of the coordination of the future land use map and associated
1828planned residential development with public schools and their
1829capacities, as well as the joint decisionmaking processes
1830engaged in by the local government and the school board in
1831regard to establishing appropriate population projections and
1832the planning and siting of public school facilities. For
1833counties or municipalities that do not have a public schools
1834interlocal agreement or public school facility element, the
1835assessment shall determine whether the local government
1836continues to meet the criteria of s. 163.3177(12). If the county
1837or municipality determines that it no longer meets the criteria,
1838the county or municipality must adopt appropriate school
1839concurrency goals, objectives, and policies in its plan
1840amendments pursuant to the requirements of the public school
1841facility element and enter into the existing interlocal
1842agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
1843order to fully participate in the school concurrency system If
1844the issues are not relevant, the local government shall
1845demonstrate that they are not relevant.
1846     (l)  The report must evaluate whether the local government
1847has been successful in identifying water supply sources,
1848including conservation and reuse, necessary to meet existing and
1849projected water use demand for the comprehensive plan's water
1850supply work plan. The water supply sources evaluated in the
1851report must be consistent with evaluation must consider the
1852appropriate water management district's regional water supply
1853plan approved pursuant to s. 373.0361. The report must evaluate
1854the degree to which the local government has implemented the
1855work plan for water supply facilities included in the potable
1856water element. The potable water element must be revised to
1857include a work plan, covering at least a 10-year planning
1858period, for building any water supply facilities that are
1859identified in the element as necessary to serve existing and new
1860development and for which the local government is responsible.
1861     (10)  The governing body shall amend its comprehensive plan
1862based on the recommendations in the report and shall update the
1863comprehensive plan based on the components of subsection (2),
1864pursuant to the provisions of ss. 163.3184, 163.3187, and
1865163.3189. Amendments to update a comprehensive plan based on the
1866evaluation and appraisal report shall be adopted within 18
1867months after the report is determined to be sufficient by the
1868state land planning agency, except the state land planning
1869agency may grant an extension for adoption of a portion of such
1870amendments. The state land planning agency may grant a 6-month
1871extension for the adoption of such amendments if the request is
1872justified by good and sufficient cause as determined by the
1873agency. An additional extension may also be granted if the
1874request will result in greater coordination between
1875transportation and land use, for the purposes of improving
1876Florida's transportation system, as determined by the agency in
1877coordination with the Metropolitan Planning Organization
1878program. Failure to timely adopt updating amendments to the
1879comprehensive plan based on the evaluation and appraisal report
1880shall result in a local government being prohibited from
1881adopting amendments to the comprehensive plan until the
1882evaluation and appraisal report updating amendments have been
1883adopted and found in compliance by the state land planning
1884agency. The prohibition on plan amendments shall commence when
1885the updating amendments to the comprehensive plan are past due.
1886The comprehensive plan as amended shall be in compliance as
1887defined in s. 163.3184(1)(b). Within 6 months after the
1888effective date of the updating amendments to the comprehensive
1889plan, the local government shall provide to the state land
1890planning agency and to all agencies designated by rule a
1891complete copy of the updated comprehensive plan.
1892     Section 11.  Section 163.3247, Florida Statutes, is created
1893to read:
1894     163.3247  Century Commission for a Sustainable Florida.--
1895     (1)  POPULAR NAME.--This section may be cited as the
1896"Century Commission for a Sustainable Florida Act."
1897     (2)  FINDINGS AND INTENT.--The Legislature finds and
1898declares that the population of this state is expected to more
1899than double over the next 100 years, with commensurate impacts
1900to the state's natural resources and public infrastructure.
1901Consequently, it is in the best interests of the people of the
1902state to ensure sound planning for the proper placement of this
1903growth and protection of the state's land, water, and other
1904natural resources since such resources are essential to our
1905collective quality of life and a strong economy. The state's
1906growth management system should foster economic stability
1907through regional solutions and strategies, urban renewal and
1908infill, and the continued viability of agricultural economies,
1909while allowing for rural economic development and protecting the
1910unique characteristics of rural areas, and should reduce the
1911complexity of the regulatory process while carrying out the
1912intent of the laws and encouraging greater citizen
1913participation.
1914     (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
1915CREATION; ORGANIZATION.--The Century Commission for a
1916Sustainable Florida is created as a standing body to help the
1917citizens of this state envision and plan their collective future
1918with an eye towards both 20-year and 50-year horizons.
1919     (a)  The commission shall consist of nine members, three
1920appointed by the Governor, three appointed by the President of
1921the Senate, and three appointed by the Speaker of the House of
1922Representatives. Appointments shall be made no later than
1923October 1, 2005. One member shall be designated by the Governor
1924as chair of the commission. Any vacancy that occurs on the
1925commission must be filled in the same manner as the original
1926appointment and shall be for the unexpired term of that
1927commission seat. Members shall serve 4-year terms, except that,
1928initially, to provide for staggered terms, three of the
1929appointees, one each by the Governor, the President of the
1930Senate, and the Speaker of the House of Representatives, shall
1931serve 2-year terms, three shall serve 3-year terms, and three
1932shall serve 4-year terms. All subsequent appointments shall be
1933for 4-year terms. An appointee may not serve more than 6 years.
1934     (b)  The first meeting of the commission shall be held no
1935later than December 1, 2005, and shall meet at the call of the
1936chair but not less frequently than three times per year in
1937different regions of the state to solicit input from the public
1938or any other individuals offering testimony relevant to the
1939issues to be considered.
1940     (c)  Each member of the commission is entitled to one vote
1941and actions of the commission are not binding unless taken by a
1942three-fifths vote of the members present. A majority of the
1943members is required to constitute a quorum, and the affirmative
1944vote of a quorum is required for a binding vote.
1945     (d)  Members of the commission shall serve without
1946compensation but shall be entitled to receive per diem and
1947travel expenses in accordance with s. 112.061 while in
1948performance of their duties.
1949     (4)  POWERS AND DUTIES.--The commission shall:
1950     (a)  Annually conduct a process through which the
1951commission envisions the future for the state and then develops
1952and recommends policies, plans, action steps, or strategies to
1953assist in achieving the vision.
1954     (b)  Continuously review and consider statutory and
1955regulatory provisions, governmental processes, and societal and
1956economic trends in its inquiry of how state, regional, and local
1957governments and entities and citizens of this state can best
1958accommodate projected increased populations while maintaining
1959the natural, historical, cultural, and manmade life qualities
1960that best represent the state.
1961     (c)  Bring together people representing varied interests to
1962develop a shared image of the state and its developed and
1963natural areas. The process should involve exploring the impact
1964of the estimated population increase and other emerging trends
1965and issues; creating a vision for the future; and developing a
1966strategic action plan to achieve that vision using 20-year and
196750-year intermediate planning timeframes.
1968     (d)  Focus on essential state interests, defined as those
1969interests that transcend local or regional boundaries and are
1970most appropriately conserved, protected, and promoted at the
1971state level.
1972     (e)  Serve as an objective, nonpartisan repository of
1973exemplary community-building ideas and as a source to recommend
1974strategies and practices to assist others in working
1975collaboratively to problem solve on issues relating to growth
1976management.
1977     (f)  Annually, beginning January 16, 2007, and every year
1978thereafter on the same date, provide to the Governor, the
1979President of the Senate, and the Speaker of the House of
1980Representatives a written report containing specific
1981recommendations for addressing growth management in the state,
1982including executive and legislative recommendations. Further,
1983the report shall contain discussions regarding the need for
1984intergovernmental cooperation and the balancing of environmental
1985protection and future development and recommendations on issues,
1986including, but not limited to, recommendations regarding
1987dedicated sources of funding for sewer facilities, water supply
1988and quality, transportation facilities that are not adequately
1989addressed by the Strategic Intermodal System, and educational
1990infrastructure to support existing development and projected
1991population growth. This report shall be verbally presented to a
1992joint session of both houses annually as scheduled by the
1993President of the Senate and the Speaker of the House of
1994Representatives.
1995     (g)  Beginning with the 2007 Regular Session of the
1996Legislature, the President of the Senate and Speaker of the
1997House of Representatives shall create a joint select committee,
1998the task of which shall be to review the findings and
1999recommendations of the Century Commission for a Sustainable
2000Florida for potential action.
2001     (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
2002     (a)  The Secretary of Community Assistance shall select an
2003executive director of the commission, and the executive director
2004shall serve at the pleasure of the secretary under the
2005supervision and control of the commission.
2006     (b)  The Department of Community Assistance shall provide
2007staff and other resources necessary to accomplish the goals of
2008the commission based upon recommendations of the Governor.
2009     (c)  All agencies under the control of the Governor are
2010directed, and all other agencies are requested, to render
2011assistance to, and cooperate with, the commission.
2012     Section 12.  Paragraph (b) of subsection (4) of section
2013339.135, Florida Statutes, is amended to read:
2014     339.135  Work program; legislative budget request;
2015definitions; preparation, adoption, execution, and amendment.--
2016     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
2017     (b)1.  A tentative work program, including the ensuing
2018fiscal year and the successive 4 fiscal years, shall be prepared
2019for the State Transportation Trust Fund and other funds managed
2020by the department, unless otherwise provided by law. The
2021tentative work program shall be based on the district work
2022programs and shall set forth all projects by phase to be
2023undertaken during the ensuing fiscal year and planned for the
2024successive 4 fiscal years. The total amount of the liabilities
2025accruing in each fiscal year of the tentative work program may
2026not exceed the revenues available for expenditure during the
2027respective fiscal year based on the cash forecast for that
2028respective fiscal year.
2029     2.  The tentative work program shall be developed in
2030accordance with the Florida Transportation Plan required in s.
2031339.155 and must comply with the program funding levels
2032contained in the program and resource plan.
2033     3.  The department may include in the tentative work
2034program proposed changes to the programs contained in the
2035previous work program adopted pursuant to subsection (5);
2036however, the department shall minimize changes and adjustments
2037that affect the scheduling of project phases in the 4 common
2038fiscal years contained in the previous adopted work program and
2039the tentative work program. The department, in the development
2040of the tentative work program, shall advance by 1 fiscal year
2041all projects included in the second year of the previous year's
2042adopted work program, unless the secretary specifically
2043determines that it is necessary, for specific reasons, to
2044reschedule or delete one or more projects from that year. Such
2045changes and adjustments shall be clearly identified, and the
2046effect on the 4 common fiscal years contained in the previous
2047adopted work program and the tentative work program shall be
2048shown. It is the intent of the Legislature that the first 5
2049years of the adopted work program for facilities designated as
2050part of the Florida Intrastate Highway System and the first 3
2051years of the adopted work program stand as the commitment of the
2052state to undertake transportation projects that local
2053governments may rely on for planning and concurrency purposes
2054and in the development and amendment of the capital improvements
2055elements of their local government comprehensive plans.
2056     4.  The tentative work program must include a balanced 36-
2057month forecast of cash and expenditures and a 5-year finance
2058plan supporting the tentative work program.
2059     Section 13.  Section 339.28171, Florida Statutes, is
2060created to read:
2061     339.28171  Local Government Concurrency Program for
2062Sustainable Transportation.--
2063     (1)  There is created within the Department of
2064Transportation a Local Government Concurrency Program for
2065Sustainable Transportation for the purpose of providing grants
2066to local governments, to improve a transportation facility or
2067system which addresses identified concurrency management system
2068backlog and relieves traffic congestion in urban infill and
2069redevelopment areas.
2070     (2)  To be eligible for consideration, projects must be
2071consistent, to the maximum extent feasible, with local
2072government comprehensive plans and the Strategic Intermodal
2073System.
2074     (3)  The department shall develop criteria to fund local
2075government projects addressing any concurrency management system
2076backlog. The district secretary shall use the following criteria
2077to evaluate the project applications:
2078     (a)  The level of local government funding efforts.
2079     (b)  The level of local funding provided for the proposed
2080project.
2081     (c)  The ability of local government to rapidly address
2082project construction.
2083     (d)  The level of municipal and county cooperation on the
2084proposed project.
2085     (e)  The project location within an urban infill area, a
2086community redevelopment area, a concurrency management area, or
2087a rural area of critical economic concern.
2088     (f)  The extent to which the project would foster public-
2089private partnerships and investment.
2090     (g)  The extent to which the project provides or protects
2091environmentally sensitive areas.
2092     (h)  The extent to which new technologies are used to
2093support urban mobility, a mass transit system, bicycle
2094facilities, or pedestrian pathways.
2095     (4)  As part of the project application, the local
2096government shall demonstrate a long-term transportation
2097concurrency system to address the existing capital improvement
2098program backlog and how this project implements that plan.
2099     (5)  The percentage of matching funds available to
2100applicants shall be based on the following:
2101     (a)  For projects that provide capacity on the Strategic
2102Intermodal System shall be 35 percent.
2103     (b)  For projects that provide capacity on the Florida
2104Intrastate Highway System, the percentage shall be 45 percent.
2105     (c)  For local projects that demonstrate capacity
2106improvements in the urban service boundary, or urban infill or
2107redevelopment are, or provide such capacity replacement to the
2108Florida Intrastate Highway System, the percentage shall be 65
2109percent.
2110     (6)  The department may adopt rules to administer the
2111program.
2112     Section 14.  Section 339.2820, Florida Statutes, is created
2113to read:
2114     339.2820  Off-System Bridge Program for Sustainable
2115Transportation.--
2116     (1)  There is created within the Department of
2117Transportation an Off-System Bridge Program for Sustainable
2118Transportation for the purpose of providing funds to improve the
2119sufficiency rating of local bridges.
2120     (2)  The percentage of matching funds provided from the
2121Off-System Bridge Program for Sustainable Transportation may
2122fund up to 50 percent of project costs.
2123     (3)  The department shall allocate funding available for
2124the Off-System Bridge Program for Sustainable Transportation for
2125projects to replace, rehabilitate, paint, or install scour
2126countermeasures to highway bridges located on public roads,
2127other than those on a federal-aid highway.
2128     (4)  Projects to be funded from the Off-System Bridge
2129Program for Sustainable Transportation shall, at a minimum:
2130     (a)  Be classified as a structurally deficient bridge with
2131a poor condition rating for either the deck, superstructure, or
2132substructure component, or culvert.
2133     (b)  Have a sufficiency rating of 35 or below.
2134     (c)  Have average daily traffic of at least 500 vehicles.
2135
2136Special consideration shall be given to bridges that are closed
2137to all traffic or that have a load restriction of less than 10
2138tons.
2139     Section 15.  Paragraphs (l) and (m) are added to subsection
2140(24) of section 380.06, Florida Statutes, to read:
2141     380.06  Developments of regional impact.--
2142     (24)  STATUTORY EXEMPTIONS.--
2143     (l)  Any proposed development or redevelopment within an
2144area designated in the comprehensive plan for:
2145     1.  Urban infill development;
2146     2.  Urban redevelopment;
2147     3.  Downtown revitalization; or
2148     4.  Urban infill and redevelopment under s. 163.2517,
2149
2150is exempt from the provisions of this section.
2151     (m)  Any proposed development within a rural land
2152stewardship area created pursuant to s. 163.3177(11)(d) is
2153exempt from the provisions of this section.
2154     Section 16.  The Office of Program Policy Analysis and
2155Government Accountability shall conduct a study on adjustments
2156to the boundaries of regional planning councils, water
2157management districts, and transportation districts. The purpose
2158of the study is to organize these regional boundaries to be more
2159coterminous with one another, creating a more unified system of
2160regional boundaries. The study must be completed by December 31,
21612005, and a study report submitted to the President of the
2162Senate, the Speaker of the House of Representatives, and the
2163Governor and the Century Commission for a Sustainable Florida by
2164January 15, 2006.
2165     Section 17.  Section 1013.352, Florida Statutes, is created
2166to read:
2167     1013.352  Charter School Incentive Program for Sustainable
2168Schools.--There is hereby created the "Charter School Incentive
2169Program for Sustainable Schools." Recognizing that there is an
2170increasing deficit in educational facilities in this state, the
2171Legislature believes that there is a need for creativeness in
2172planning and development of additional educational facilities.
2173To assist with the development of educational facilities, those
2174charter schools whose charters are approved within 18 months
2175after the effective date of this act shall be eligible for state
2176funds under the following conditions:
2177     (1)  The charter school is created to address school over-
2178capacity issues or growth demands within the county.
2179     (2)  A joint letter from the district school board and the
2180charter school has been submitted with the proposed charter
2181school charter that provides that the school board authorized
2182the charter school as a result of school overcrowding or growth
2183demands within the county and the school board requests that the
2184requirement of s. 1013.62(1)(a)1. are waived.
2185     (3)  The charter school has received an in-kind
2186contribution or equivalent from an outside source other than the
2187district school board that has been equally matched by the
2188district school board.
2189
2190Notwithstanding s. 1013.62(7), if the above conditions apply,
2191the Commissioner of Education, in consultation with the
2192Department of Community Assistance, may waive the requirement of
2193s. 1013.62(1)(a)1. and, if waived, shall distribute up to $2
2194million per charter school based upon the amount of the in-kind
2195contribution or equivalent from an outside source other than the
2196district school board received by the charter school. Under no
2197conditions may the Commissioner of Education distribute funds to
2198a newly chartered charter school that has not received an in-
2199kind contribution or equivalent from an outside source other
2200than the district school board.
2201     Section 18.  Section 163.31776, Florida Statutes, is
2202repealed.
2203     Section 19.  Effective July 1, 2005, the sum of $500
2204million is appropriated from the General Revenue Fund to the
2205Department of Transportation to be used as follows:
2206     (1)  The sum of $450 million shall be used for the Local
2207Government Concurrency Program for Sustainable Transportation
2208created pursuant to s. 339.28171, Florida Statutes.
2209     (2)  The sum of $50 million shall be used for the Off-
2210System Bridge Program for Sustainable Transportation created
2211pursuant to s. 339.2820, Florida Statutes.
2212     Section 20.  Funding for Sustainable Water Supplies.--
2213     (1)  Effective July 1, 2005, the sum of $100 million is
2214appropriated to the Department of Environmental Protection to
2215provide funding for the development of alternative water
2216supplies. The department shall deposit such revenues into the
2217alternative water supply trust fund accounts created by each
2218district for the purpose of alternative supply development under
2219the following funding formula:
2220     (a)  Forty percent to the South Florida Water Management
2221District.
2222     (b)  Twenty-five percent to the Southwest Florida Water
2223Management District.
2224     (c)  Twenty-five percent to the St. Johns River Water
2225Management District.
2226     (d)  Five percent to the Suwannee River Water Management
2227District.
2228     (e)  Five percent to the Northwest Florida Water Management
2229District.
2230     (2)  The financial assistance for alternative water supply
2231development contained in each district's economic incentives
2232plan as required in s. 373.196(3), Florida Statutes, shall be
2233deposited along with the state funds into an alternative water
2234supply trust account created by each district and used to fund
2235the local capital costs of alternative water supply projects
2236approved pursuant to this section. For purposes of this section,
2237the term "capital costs" means planning, design, engineering,
2238and project construction costs, as well as legal,
2239administrative, and permitting costs, and the term "alternative
2240water supplies" includes, but is not limited to, water that has
2241been reclaimed after one or more public supply, municipal,
2242industrial, commercial, or agricultural uses; stormwater,
2243brackish water, or saltwater; sources made more efficient
2244through the interconnection of separate utility and other water
2245supply systems; sources made available through enhanced storage
2246capacity such as groundwater augmentation, aquifer storage and
2247recovery, and surface water reservoirs; and any other
2248nontraditional source, including surface water within the
2249Southwest Florida Water Management District, of water supply
2250that has been treated in accordance with applicable rules and
2251standards sufficient to meet the intended use.
2252     (3)  All funds provided by the state for the purpose of
2253funding alternative water supply grants, shall, at a minimum,
2254require a 50-percent match by the water management districts and
2255grant applicant.
2256     Section 21.  Funding for Sustainable Schools.--In order to
2257provide for innovative approaches to meet school capacity
2258demands, effective July 1, 2005, the sum of $50 million is
2259appropriated from the General Revenue Fund to the Department of
2260Education to be used as follows:
2261     (1)  The sum of $35 million shall be used for the Charter
2262School Incentive Program for Sustainable Schools created
2263pursuant to section 1013.352, Florida Statutes.
2264     (2)  The sum of $15 million shall be used for educational
2265facility benefit districts as provided in s. 1013.356(3),
2266Florida Statutes, as follows: for construction and capital
2267maintenance costs not covered by the funds provided under s.
22681013.356(1), Florida Statutes, in fiscal year 2005-2006, an
2269amount contributed by the state equal to 25 percent of the
2270remaining costs of construction and capital maintenance of the
2271educational facilities. If all state funds have been allocated,
2272the district school board shall contribute an amount equal to
2273one-half of the remaining costs. Any construction costs above
2274the cost-per-student criteria established for the SIT Program in
2275s. 1013.72(2), Florida Statutes, shall be funded exclusively by
2276the educational facilities benefit district or the community
2277development district. Funds contributed by a district school
2278board shall not be used to fund operational costs. Funds not
2279committed by March 31, 2006, revert to the Charter School
2280Incentive Program for Sustainable Schools created pursuant to s.
22811013.352, Florida Statutes.
2282     Section 22.  Small County Technical Assistance for a
2283Sustainable Florida.--In order to promote good growth practices
2284within rural areas of the state that not only prevent urban
2285sprawl but protect the character of our rural communities,
2286effective July 1, 2005, the sum of $500,000 is appropriated from
2287the General Revenue Fund to the Department of Community
2288Assistance to provide technical assistance related to innovative
2289planning strategies unique to rural landscapes to counties with
2290a population of less than 50,000, as determined pursuant to s.
229111.031, Florida Statutes, and the municipalities located within
2292those counties. The department shall provide a report to the
2293Governor, President of the Senate, and Speaker of the House of
2294Representatives by December 1, 2006, which shall contain a list
2295of local governments that were assisted, the dollar amounts
2296provided to each local government, a brief description of the
2297assistance provided and how the assistance promotes good growth
2298practices, and a recommendation of whether additional funds
2299should be appropriated to assist these counties.
2300     Section 23.  Effective July 1, 2005, the sum of $250,000 is
2301appropriated from the General Revenue Fund to the Department of
2302Community Assistance to provide the necessary staff and other
2303assistance to the Century Commission for a Sustainable Florida
2304required by section 11.
2305     Section 24.  The Division of Statutory Revision of the
2306Office of Legislative Services shall prepare proposed
2307legislation for introduction in the 2006 Regular Session to
2308amend provisions of the Florida Statutes to change references to
2309the Department of Community Affairs to the Department of
2310Community Assistance in conformance with the provisions of this
2311act.
2312     Section 25.  This act shall take effect July 1, 2005.


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