November 26, 2020
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HB 1865CS

CHAMBER ACTION




1The State Infrastructure Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to growth management incentives; providing
7a popular name; amending s. 20.18, F.S.; changing the name
8of the Department of Community Affairs to the Department
9of Community Assistance; amending s. 163.3164, F.S.;
10revising a definition to conform; defining the term
11"financial feasibility"; creating s. 163.3172, F.S.;
12providing legislative determinations; limiting the effect
13of certain charter county charter provisions, ordinances,
14or land development regulations under certain
15circumstances; amending s. 163.3177, F.S.; revising
16criteria for the capital improvements element of
17comprehensive plans; providing for subjecting certain
18local governments to sanctions by the Administration
19Commission under certain circumstances; requiring certain
20local governments to adopt a long-term capital
21improvements schedule to a long-term concurrency
22management system and annually update such schedule;
23deleting obsolete provisions; requiring local governments
24to adopt a transportation concurrency management system by
25ordinance; providing a methodology requirement; requiring
26the Department of Transportation to develop a model
27transportation concurrency management ordinance;
28specifying ordinance assessment authority; providing
29additional requirements for a general water element of
30comprehensive plans; requiring a work plan; specifying
31cooperation between certain entities relating to
32developing water supply facilities; revising public
33educational facilities element requirements; revising
34requirements for rural land stewardship areas; exempting
35rural land stewardship areas from developments of regional
36impact provisions; requiring counties and municipalities
37to adopt consistent public school facilities and enter
38into certain interlocal agreements; authorizing the state
39land planning agency to grant waivers under certain
40circumstances; providing additional requirements for
41public school facilities elements of comprehensive plans;
42requiring the state land planning agency to adopt phased
43schedules for adopting a public school facilities element;
44providing requirements; encouraging local governments to
45develop a community vision for certain purposes; providing
46for assistance by regional planning councils; amending s.
47163.31777, F.S.; applying public schools interlocal
48agreement provisions to school boards and nonexempt
49municipalities; deleting a scheduling requirement for
50public schools interlocal agreements; providing additional
51requirements for updates and amendments to such interlocal
52agreements; revising procedures for public school elements
53implementing school concurrency; revising exemption
54criteria for certain municipalities; amending s. 163.3180,
55F.S.; including schools and water supplies under
56concurrency provisions; revising a transportation
57facilities scheduling requirement; requiring local
58governments and the Department of Transportation to
59cooperatively establish a plan for maintaining certain
60level-of-service standards for certain facilities within
61certain areas; revising criteria for local government
62authorization to grant exceptions from concurrency
63requirements for transportation facilities; providing for
64waiving certain transportation facilities concurrency
65requirements for certain projects under certain
66circumstances; providing criteria and requirements;
67revising provisions authorizing local governments to adopt
68long-term transportation management systems to include
69long-term school concurrency management systems; revising
70requirements; requiring periodic evaluation of long-term
71concurrency systems; providing criteria; revising
72requirements for roadway facilities on the Strategic
73Intermodal System; providing additional level-of-service
74standards requirements; revising requirements for
75developing school concurrency; requiring adoption of a
76public school facilities element for effectiveness of a
77school concurrency requirement; providing an exception;
78revising service area requirements for concurrency
79systems; requiring local governments to apply school
80concurrency on a less than districtwide basis under
81certain circumstances for certain purposes; revising
82provisions prohibiting a local government from denying a
83development order or a functional equivalent authorizing
84residential developments under certain circumstances;
85specifying conditions for satisfaction of school
86concurrency requirements by a developer; providing for
87mediation of disputes; specifying options for
88proportionate-share mitigation of impacts on public school
89facilities; providing criteria and requirements; providing
90legislative intent relating to mitigation of impacts of
91development on transportation facilities; authorizing
92local governments to create mitigation banks for
93transportation facilities for certain purposes; providing
94requirements; specifying conditions for satisfaction of
95transportation facilities concurrency by a developer;
96providing for mitigation; providing for mediation of
97disputes; providing criteria for transportation mitigation
98contributions; providing for enforceable development
99agreements for certain projects; specifying conditions for
100satisfaction of concurrency requirements of a local
101comprehensive plan by a development; amending s. 163.3184,
102F.S.; authorizing instead of requiring the state land
103planning agency to review plan amendments; amending s.
104163.3187, F.S.; providing additional criteria for small
105scale amendments to adopted comprehensive plans; providing
106an additional exception to a limitation on amending an
107adopted comprehensive plan by certain local governments;
108providing procedures and requirements; providing for
109notice and public hearings; providing for nonapplication;
110amending s. 163.3191, F.S.; revising requirements for
111evaluation and assessment of the coordination of a
112comprehensive plan with certain schools; providing
113additional assessment criteria for certain counties and
114municipalities; requiring certain counties and
115municipalities to adopt appropriate concurrency goals,
116objectives, and policies in plan amendments under certain
117circumstances; revising reporting requirements for
118evaluation and assessment of water supply sources;
119providing for a prohibition on plan amendments for failure
120to timely adopt updating comprehensive plan amendments;
121creating s. 163.3247, F.S.; providing a popular name;
122providing legislative findings and intent; creating the
123Century Commission for a Sustainable Florida for certain
124purposes; providing for appointment of commission members;
125providing for terms; providing for meetings and votes of
126members; requiring members to serve without compensation;
127providing for per diem and travel expenses; providing
128powers and duties of the commission; requiring the
129creation of a joint select committee of the Legislature;
130providing purposes; requiring the Secretary of Community
131Assistance to select an executive director of the
132commission; requiring the Department of Community
133Assistance to provide staff for the commission; providing
134for other agency staff support for the commission;
135amending s. 339.135, F.S.; revising provisions relating to
136funding and developing a tentative work program; creating
137s. 339.28171, F.S.; creating the Local Government
138Concurrency Program for a Sustainable Florida; providing
139program requirements; requiring the Department of
140Transportation to develop criteria to assist local
141governments in evaluating concurrency management system
142backlogs; specifying criteria requirements; providing
143requirements for local governments; specifying percentages
144for apportioning matching funds among grant applicants;
145authorizing the department to adopt rules to administer
146the program; creating s. 339.2820, F.S.; creating the Off-
147System Bridge Program for Sustainable Transportation
148within the Department of Transportation for certain
149purposes; providing for funding certain project costs;
150requiring the department to allocate funding for the
151program for certain projects; specifying criteria for
152projects to be funded from the program; amending s.
153380.06, F.S.; providing additional exemptions from
154development of regional impact provisions for certain
155projects in proposed developments or redevelopments within
156an area designated in a comprehensive plan and for
157proposed developments within certain rural land
158stewardship areas; amending s. 380.115, F.S.; revising
159provisions relating to preserving vested rights and duties
160under development of regional impact guidelines and
161standards; revising procedures and requirements for
162governance and rescission of development-of-regional-
163impact development orders under changing guidelines and
164standards; requiring the Office of Program Policy Analysis
165and Government Accountability to conduct a study on
166adjustments to boundaries of regional planning councils,
167water management districts, and transportation districts;
168providing purposes; requiring a study report to the
169Governor and Legislature; amending s. 1013.33, F.S.;
170revising provisions relating to coordination of
171educational facilities planning pursuant to certain
172interlocal agreements; revising procedures and
173requirements for updated agreements and agreement
174amendments; creating s. 1013.352, F.S.; creating a Charter
175School Incentive Program for Sustainable Schools;
176providing purposes; specifying conditions for eligibility
177for state funds; authorizing the Commissioner of Education
178to waive certain requirements and distribute certain funds
179to charter schools under certain circumstances;
180prohibiting the commissioner from distributing funds to
181certain schools under certain circumstances; providing for
182ineligibility of certain schools for charter school outlay
183funding under certain circumstances; repealing s.
184163.31776, F.S., relating to the public educational
185facilities element; providing for funding for sustainable
186water supplies; providing an appropriation; providing for
187allocation of the appropriation; specifying uses of
188appropriations; providing for funding for sustainable
189schools; providing an appropriation; providing for
190allocation of the appropriation; specifying uses of the
191appropriation; providing for Statewide Technical
192Assistance for a Sustainable Florida; providing an
193appropriation; specifying uses; requiring the Department
194of Community Assistance to report to the Governor and
195Legislature; specifying report requirements; providing an
196appropriation to the Department of Community Assistance
197for certain staffing purposes; requiring the Division of
198Statutory Revision of the Office of Legislative Services
199to develop proposed legislation to change references in
200the Florida Statutes to the Department of Community
201Affairs to the Department of Community Assistance;
202providing an effective date.
203
204     WHEREAS, the Legislature finds and declares that the
205state's population has increased by approximately 3 million
206individuals each decade since 1970 to nearly 16 million
207individuals in 2000, and
208     WHEREAS, increased populations have resulted in greater
209density concentrations in many areas around the state and
210created growth issues that increasingly overlap multiple local
211government jurisdictional and state agency district boundaries,
212and
213     WHEREAS, development patterns throughout areas of the
214state, in conjunction with the implementation of growth
215management policies, have increasingly caused urban flight which
216has resulted in urban sprawl and cause capacity issues related
217to transportation facilities, public educational facilities, and
218water supply facilities, and
219     WHEREAS, the Legislature recognizes that urban infill and
220redevelopment is a high state priority, and
221     WHEREAS, consequently, the Legislature determines it in the
222best interests of the people of the state to undertake action to
223address these issues and work towards a sustainable Florida
224where facilities are planned and available concurrent with
225existing and projected demands while protecting Florida's
226natural and environmental resources, rural and agricultural
227resources, and maintaining a viable and sustainable economy, and
228     WHEREAS, the Legislature enacts measures in the law and
229earmarks funds for the 2005-2006 fiscal year intended to result
230in a reemphasis on urban infill and redevelopment, achieving and
231maintaining concurrency with transportation and public
232educational facilities, and instilling a sense of
233intergovernmental cooperation and coordination, and
234     WHEREAS, the Legislature will establish a standing
235commission tasked with helping Floridians envision and plan
236their collective future with an eye towards both 25-year and 50-
237year horizons, NOW, THEREFORE,
238
239Be It Enacted by the Legislature of the State of Florida:
240
241     Section 1.  Popular name.--This act may be cited as the
242"Sustainable Florida Act of 2005."
243     Section 2.  Subsections (1), (2), (3), (5), and (6) of
244section 20.18, Florida Statutes, are amended to read:
245     20.18  Department of Community Assistance Affairs.--There
246is created a Department of Community Assistance Affairs.
247     (1)  The head of the Department of Community Assistance
248Affairs is the Secretary of Community Assistance Affairs. The
249secretary shall be appointed by the Governor subject to
250confirmation by the Senate. The secretary shall serve at the
251pleasure of the Governor.
252     (2)  The following units of the Department of Community
253Assistance Affairs are established:
254     (a)  Division of Emergency Management.
255     (b)  Division of Housing and Community Development.
256     (c)  Division of Community Planning.
257     (3)  Unless otherwise provided by law, the Secretary of
258Community Assistance Affairs shall appoint the directors or
259executive directors of any commission or council assigned to the
260department, who shall serve at his or her pleasure as provided
261for division directors in s. 110.205. The appointment or
262termination by the secretary will be done with the advice and
263consent of the commission or council; and the director or
264executive director may employ, subject to departmental rules and
265procedures, such personnel as may be authorized and necessary.
266     (5)  The role of state government required by part I of
267chapter 421 (Housing Authorities Law), chapter 422 (Housing
268Cooperation Law), and chapter 423 (tax exemption of housing
269authorities) is the responsibility of the Department of
270Community Assistance Affairs; and the department is the agency
271of state government responsible for the state's role in housing
272and urban development.
273     (6)  The Office of Urban Opportunity is created within the
274Department of Community Assistance Affairs. The purpose of the
275office is to administer the Front Porch Florida initiative, a
276comprehensive, community-based urban core redevelopment program
277that enables urban core residents to craft solutions to the
278unique challenges of each designated community.
279     Section 3.  Subsection (20) of section 163.3164, Florida
280Statutes, is amended, and subsection (32) is added to said
281section, to read:
282     163.3164  Local Government Comprehensive Planning and Land
283Development Regulation Act; definitions.--As used in this act:
284     (20)  "State land planning agency" means the Department of
285Community Assistance Affairs.
286     (32)  "Financial feasibility" means sufficient revenues are
287currently available or will be available from committed or
288planned funding sources available for financing capital
289improvements, such as ad valorem taxes, bonds, state and federal
290funds, tax revenues, impact fees, and developer contributions,
291which are adequate to fund the projected costs of the capital
292improvements and as otherwise identified within this act
293necessary to ensure that adopted level-of-service standards are
294achieved and maintained within the 5-year schedule of capital
295improvements.
296     Section 4.  Section 163.3172, Florida Statutes, is created
297to read:
298     163.3172  Urban infill and redevelopment.--In recognition
299that urban infill and redevelopment is a high state priority,
300the Legislature determines that local governments should not
301adopt charter provisions, ordinances, or land development
302regulations that discourage this state priority. Higher density
303urban development is appropriate in urban core areas and should
304be encouraged in such locations. Conversely, it is appropriate
305to discourage greater height and density as a development form
306in areas outside the urban core where such development forms are
307incompatible with existing land uses. Notwithstanding chapter
308125 and s. 163.3171, any existing or future charter county
309charter provision, ordinance, land development regulation, or
310countywide special act that governs the use and development of
311land shall not be effective within any municipality of the
312county unless the charter provision, ordinance, land development
313regulation, or countywide special act is approved by a majority
314vote of a countywide referendum or a majority vote of the
315municipality's governing board. However, in the event of a
316conflict of a countywide ordinance or a municipal ordinance that
317regulates expressive conduct, the more restrictive ordinance
318shall govern. In addition, the requirements of this section
319restricting charter county charter provisions, ordinances, or
320land development regulations concerning building height
321restrictions shall not apply in the case of any areas of
322critical state concern designated pursuant to s. 380.05-
323380.0555.
324     Section 5.  Subsection (3), paragraphs (a), (b), (c), and
325(h) of subsection (6), paragraph (d) of subsection (11), and
326subsection (12) of section 163.3177, Florida Statutes, are
327amended, and subsection (13) is added to said section, to read:
328     163.3177  Required and optional elements of comprehensive
329plan; studies and surveys.--
330     (3)(a)  The comprehensive plan shall contain a capital
331improvements element designed to consider the need for and the
332location of public facilities in order to encourage the
333efficient utilization of such facilities and set forth:
334     1.  A component which outlines principles for construction,
335extension, or increase in capacity of public facilities, as well
336as a component which outlines principles for correcting existing
337public facility deficiencies, which are necessary to implement
338the comprehensive plan. The components shall cover at least a 5-
339year period.
340     2.  Estimated public facility costs, including a
341delineation of when facilities will be needed, the general
342location of the facilities, and projected revenue sources to
343fund the facilities.
344     3.  Standards to ensure the availability of public
345facilities and the adequacy of those facilities including
346acceptable levels of service.
347     4.  Standards for the management of debt.
348     5.  A schedule of capital improvements which includes
349publicly funded projects and which may include privately funded
350projects.
351     6.  The schedule of transportation improvements included in
352the applicable metropolitan planning organization's
353transportation improvement program adopted pursuant to s.
354339.175(7) to the extent that such improvements are relied upon
355to ensure concurrency and financial feasibility. The schedule
356must also be coordinated with the applicable metropolitan
357planning organization's long-range transportation plan adopted
358pursuant to s. 339.175(6).
359     (b)1.  The capital improvements element shall be reviewed
360on an annual basis and modified as necessary in accordance with
361s. 163.3187 or s. 163.3189 in order to maintain a financially
362feasible 5-year schedule of capital improvements., except that
363Corrections, updates, and modifications concerning costs;
364revenue sources; acceptance of facilities pursuant to
365dedications which are consistent with the plan; or the date of
366construction of any facility enumerated in the capital
367improvements element may be accomplished by ordinance and shall
368not be deemed to be amendments to the local comprehensive plan.
369A copy of the ordinance shall be transmitted to the state land
370planning agency. All public facilities shall be consistent with
371the capital improvements element. Amendments to implement this
372section must be transmitted no later than December 1, 2007.
373Thereafter, a local government may not amend its future land use
374map, except for plan amendments to meet new requirements under
375this part, and emergency amendments pursuant to s.
376163.3187(1)(a), after December 1, 2007, and every year
377thereafter, until the local government has adopted the annual
378update and the annual update to the schedule of capital
379improvements is found to be in compliance.
380     2.  Capital improvements element amendments adopted after
381the effective date of this act shall require only a single
382public hearing before the governing board which shall be an
383adoption hearing as described in s. 163.3184(7). Such amendments
384are not subject to the requirements of s. 163.3184(3)-(6).
385Capital improvements element amendments adopted after the
386effective date of this act shall not be subject to challenge by
387an affected party. If the department finds an amendment pursuant
388to this subparagraph not in compliance, the local government may
389challenge that determination pursuant to s. 163.3184(10).
390     (c)  If a local government adopts a long-term concurrency
391management system pursuant to s. 163.3180(9), it shall also
392adopt a long-term capital improvements schedule covering up to a
39310-year or 15-year period and shall update the long-term
394schedule annually. The long-term schedule of capital
395improvements must be financially feasible for the 5-year
396schedule of capital improvements.
397     (6)  In addition to the requirements of subsections (1)-
398(5), the comprehensive plan shall include the following
399elements:
400     (a)  A future land use plan element designating proposed
401future general distribution, location, and extent of the uses of
402land for residential uses, commercial uses, industry,
403agriculture, recreation, conservation, education, public
404buildings and grounds, other public facilities, and other
405categories of the public and private uses of land. Counties are
406encouraged to designate rural land stewardship areas, pursuant
407to the provisions of paragraph (11)(d), as overlays on the
408future land use map. Each future land use category must be
409defined in terms of uses included, and must include standards to
410be followed in the control and distribution of population
411densities and building and structure intensities. The proposed
412distribution, location, and extent of the various categories of
413land use shall be shown on a land use map or map series which
414shall be supplemented by goals, policies, and measurable
415objectives. The future land use plan shall be based upon
416surveys, studies, and data regarding the area, including the
417amount of land required to accommodate anticipated growth; the
418projected population of the area; the character of undeveloped
419land; the availability of water supplies, public facilities, and
420services; the need for redevelopment, including the renewal of
421blighted areas and the elimination of nonconforming uses which
422are inconsistent with the character of the community; the
423compatibility of uses on lands adjacent to or closely proximate
424to military installations; and, in rural communities, the need
425for job creation, capital investment, and economic development
426that will strengthen and diversify the community's economy. The
427future land use plan may designate areas for future planned
428development use involving combinations of types of uses for
429which special regulations may be necessary to ensure development
430in accord with the principles and standards of the comprehensive
431plan and this act. The future land use plan element shall
432include criteria to be used to achieve the compatibility of
433adjacent or closely proximate lands with military installations.
434In addition, for rural communities, the amount of land
435designated for future planned industrial use shall be based upon
436surveys and studies that reflect the need for job creation,
437capital investment, and the necessity to strengthen and
438diversify the local economies, and shall not be limited solely
439by the projected population of the rural community. The future
440land use plan of a county may also designate areas for possible
441future municipal incorporation. The land use maps or map series
442shall generally identify and depict historic district boundaries
443and shall designate historically significant properties meriting
444protection. The future land use element must clearly identify
445the land use categories in which public schools are an allowable
446use. When delineating the land use categories in which public
447schools are an allowable use, a local government shall include
448in the categories sufficient land proximate to residential
449development to meet the projected needs for schools in
450coordination with public school boards and may establish
451differing criteria for schools of different type or size. Each
452local government shall include lands contiguous to existing
453school sites, to the maximum extent possible, within the land
454use categories in which public schools are an allowable use. All
455comprehensive plans must comply with the school siting
456requirements of this paragraph no later than October 1, 1999.
457The failure by a local government to comply with these school
458siting requirements by October 1, 1999, will result in the
459prohibition of the local government's ability to amend the local
460comprehensive plan, except for plan amendments described in s.
461163.3187(1)(b), until the school siting requirements are met.
462Amendments proposed by a local government for purposes of
463identifying the land use categories in which public schools are
464an allowable use or for adopting or amending the school-siting
465maps pursuant to s. 163.31776(3) are exempt from the limitation
466on the frequency of plan amendments contained in s. 163.3187.
467The future land use element shall include criteria that
468encourage the location of schools proximate to urban residential
469areas to the extent possible and shall require that the local
470government seek to collocate public facilities, such as parks,
471libraries, and community centers, with schools to the extent
472possible and to encourage the use of elementary schools as focal
473points for neighborhoods. For schools serving predominantly
474rural counties, defined as a county with a population of 100,000
475or fewer, an agricultural land use category shall be eligible
476for the location of public school facilities if the local
477comprehensive plan contains school siting criteria and the
478location is consistent with such criteria. Local governments
479required to update or amend their comprehensive plan to include
480criteria and address compatibility of adjacent or closely
481proximate lands with existing military installations in their
482future land use plan element shall transmit the update or
483amendment to the department by June 30, 2006.
484     (b)  A traffic circulation element consisting of the types,
485locations, and extent of existing and proposed major
486thoroughfares and transportation routes, including bicycle and
487pedestrian ways. Transportation corridors, as defined in s.
488334.03, may be designated in the traffic circulation element
489pursuant to s. 337.273. If the transportation corridors are
490designated, the local government may adopt a transportation
491corridor management ordinance. By December 1, 2006, each local
492government shall adopt by ordinance a transportation concurrency
493management system which shall include a methodology for
494assessing proportionate share mitigation options. By December 1,
4952005, the Department of Transportation shall develop a model
496transportation concurrency management ordinance with
497methodologies for assessing proportionate share options. The
498transportation concurrency management ordinance may assess a
499concurrency impact area by districts or systemwide.
500     (c)  A general sanitary sewer, solid waste, drainage,
501potable water, and natural groundwater aquifer recharge element
502correlated to principles and guidelines for future land use,
503indicating ways to provide for future potable water, drainage,
504sanitary sewer, solid waste, and aquifer recharge protection
505requirements for the area. The element may be a detailed
506engineering plan including a topographic map depicting areas of
507prime groundwater recharge. The element shall describe the
508problems and needs and the general facilities that will be
509required for solution of the problems and needs. The element
510shall also include a topographic map depicting any areas adopted
511by a regional water management district as prime groundwater
512recharge areas for the Floridan or Biscayne aquifers, pursuant
513to s. 373.0395. These areas shall be given special consideration
514when the local government is engaged in zoning or considering
515future land use for said designated areas. For areas served by
516septic tanks, soil surveys shall be provided which indicate the
517suitability of soils for septic tanks. By December 1, 2006, The
518element must incorporate projects selected pursuant to s.
519373.0361, to the extent applicable consider the appropriate
520water management district's regional water supply plan approved
521pursuant to s. 373.0361. The element must identify current water
522supply sources, projected water use needs for the planning
523period of the comprehensive plan, irrigation and reclaimed water
524needs, and conservation and reuse strategies to reduce water
525supply demand. The element shall include a work plan covering at
526least a 10-year planning period for building water supply
527facilities, including development of alternative water supplies
528as defined in s. 373.1961(2)(i) that are necessary to meet
529existing and projected water use demand over the work plan
530planning period. The work plan shall also describe how the water
531supply needs will be met over the course of the planning period
532from any other providers of water, if applicable. The
533information provided to the appropriate water management
534district for each project, pursuant to s. 373.0361, shall be
535annually incorporated into the work plan include a work plan,
536covering at least a 10-year planning period, for building water
537supply facilities that are identified in the element as
538necessary to serve existing and new development and for which
539the local government is responsible. The work plan shall be
540updated, at a minimum, every 5 years within 12 months after the
541governing board of a water management district approves an
542updated regional water supply plan. Local government utilities
543and land use planners, private utilities, regional water supply
544authorities, and water management districts are expected to
545cooperatively plan for the development of multijurisdictional
546water supply facilities that are sufficient to meet projected
547demands for established planning periods, including the
548development of alternative sources of water supplies to
549supplement traditional sources of ground and surface water
550supplies. Amendments to incorporate the work plan do not count
551toward the limitation on the frequency of adoption of amendments
552to the comprehensive plan. Consistent with s. 373.2234, local
553governments, public and private utilities, regional water supply
554authorities, and water management districts are expected to
555cooperatively plan for the development of multijurisdictional
556water supply facilities that are sufficient to meet projected
557demands for established planning periods, including the
558development of alternative water sources to supplement
559traditional sources of ground and surface water supplies.
560     (h)1.  An intergovernmental coordination element showing
561relationships and stating principles and guidelines to be used
562in the accomplishment of coordination of the adopted
563comprehensive plan with the plans of school boards and other
564units of local government or regional water authorities
565providing services but not having regulatory authority over the
566use of land, with the comprehensive plans of adjacent
567municipalities, the county, adjacent counties, or the region,
568with the state comprehensive plan and with the applicable
569regional water supply plan approved pursuant to s. 373.0361, as
570the case may require and as such adopted plans or plans in
571preparation may exist. This element of the local comprehensive
572plan shall demonstrate consideration of the particular effects
573of the local plan, when adopted, upon the development of
574adjacent municipalities, the county, adjacent counties, or the
575region, or upon the state comprehensive plan, as the case may
576require.
577     a.  The intergovernmental coordination element shall
578provide for procedures to identify and implement joint planning
579areas, especially for the purpose of annexation, municipal
580incorporation, and joint infrastructure service areas.
581     b.  The intergovernmental coordination element shall
582provide for recognition of campus master plans prepared pursuant
583to s. 1013.30.
584     c.  The intergovernmental coordination element may provide
585for a voluntary dispute resolution process as established
586pursuant to s. 186.509 for bringing to closure in a timely
587manner intergovernmental disputes. A local government may
588develop and use an alternative local dispute resolution process
589for this purpose.
590     2.  The intergovernmental coordination element shall
591further state principles and guidelines to be used in the
592accomplishment of coordination of the adopted comprehensive plan
593with the plans of school boards and other units of local
594government providing facilities and services but not having
595regulatory authority over the use of land. In addition, the
596intergovernmental coordination element shall describe joint
597processes for collaborative planning and decisionmaking on
598population projections and public school siting, the location
599and extension of public facilities subject to concurrency, and
600siting facilities with countywide significance, including
601locally unwanted land uses whose nature and identity are
602established in an agreement. Within 1 year of adopting their
603intergovernmental coordination elements, each county, all the
604municipalities within that county, the district school board,
605and any unit of local government service providers in that
606county shall establish by interlocal or other formal agreement
607executed by all affected entities, the joint processes described
608in this subparagraph consistent with their adopted
609intergovernmental coordination elements.
610     3.  To foster coordination between special districts and
611local general-purpose governments as local general-purpose
612governments implement local comprehensive plans, each
613independent special district must submit a public facilities
614report to the appropriate local government as required by s.
615189.415.
616     4.a.  Local governments adopting a public educational
617facilities element pursuant to s. 163.31776 must execute an
618interlocal agreement with the district school board, the county,
619and nonexempt municipalities pursuant to s. 163.31777, as
620defined by s. 163.31776(1), which includes the items listed in
621s. 163.31777(2). The local government shall amend the
622intergovernmental coordination element to provide that
623coordination between the local government and school board is
624pursuant to the agreement and shall state the obligations of the
625local government under the agreement.
626     b.  Plan amendments that comply with this subparagraph are
627exempt from the provisions of s. 163.3187(1).
628     5.  The state land planning agency shall establish a
629schedule for phased completion and transmittal of plan
630amendments to implement subparagraphs 1., 2., and 3. from all
631jurisdictions so as to accomplish their adoption by December 31,
6321999. A local government may complete and transmit its plan
633amendments to carry out these provisions prior to the scheduled
634date established by the state land planning agency. The plan
635amendments are exempt from the provisions of s. 163.3187(1).
636     6.  By January 1, 2004, any county having a population
637greater than 100,000, and the municipalities and special
638districts within that county, shall submit a report to the
639Department of Community Assistance Affairs which:
640     a.  Identifies all existing or proposed interlocal service-
641delivery agreements regarding the following: education; sanitary
642sewer; public safety; solid waste; drainage; potable water;
643parks and recreation; and transportation facilities.
644     b.  Identifies any deficits or duplication in the provision
645of services within its jurisdiction, whether capital or
646operational. Upon request, the Department of Community
647Assistance Affairs shall provide technical assistance to the
648local governments in identifying deficits or duplication.
649     7.  Within 6 months after submission of the report, the
650Department of Community Assistance Affairs shall, through the
651appropriate regional planning council, coordinate a meeting of
652all local governments within the regional planning area to
653discuss the reports and potential strategies to remedy any
654identified deficiencies or duplications.
655     8.  Each local government shall update its
656intergovernmental coordination element based upon the findings
657in the report submitted pursuant to subparagraph 6. The report
658may be used as supporting data and analysis for the
659intergovernmental coordination element.
660     9.  By February 1, 2003, representatives of municipalities,
661counties, and special districts shall provide to the Legislature
662recommended statutory changes for annexation, including any
663changes that address the delivery of local government services
664in areas planned for annexation.
665     (11)
666     (d)1.  The department, in cooperation with the Department
667of Agriculture and Consumer Services, the Department of
668Environmental Protection, water management districts, and
669regional planning councils, shall provide assistance to local
670governments in the implementation of this paragraph and rule 9J-
6715.006(5)(l), Florida Administrative Code. Implementation of
672those provisions shall include a process by which the department
673may authorize local governments to designate all or portions of
674lands classified in the future land use element as predominantly
675agricultural, rural, open, open-rural, or a substantively
676equivalent land use, as a rural land stewardship area within
677which planning and economic incentives are applied to encourage
678the implementation of innovative and flexible planning and
679development strategies and creative land use planning
680techniques, including those contained herein and in rule 9J-
6815.006(5)(l), Florida Administrative Code. Assistance may
682include, but is not limited to:
683     a.  Assistance from the Department of Environmental
684Protection and water management districts in creating the
685geographic information systems land cover database and aerial
686photogrammetry needed to prepare for a rural land stewardship
687area;
688     b.  Support for local government implementation of rural
689land stewardship concepts by providing information and
690assistance to local governments regarding land acquisition
691programs that may be used by the local government or landowners
692to leverage the protection of greater acreage and maximize the
693effectiveness of rural land stewardship areas; and
694     c.  Expansion of the role of the Department of Community
695Assistance Affairs as a resource agency to facilitate
696establishment of rural land stewardship areas in smaller rural
697counties that do not have the staff or planning budgets to
698create a rural land stewardship area.
699     2.  The department shall encourage participation by local
700governments of different sizes and rural characteristics in
701establishing and implementing rural land stewardship areas. It
702is the intent of the Legislature that rural land stewardship
703areas be used to further the following broad principles of rural
704sustainability: restoration and maintenance of the economic
705value of rural land; control of urban sprawl; identification and
706protection of ecosystems, habitats, and natural resources;
707promotion of rural economic activity; maintenance of the
708viability of Florida's agricultural economy; and protection of
709the character of rural areas of Florida. Rural land stewardship
710areas may be multicounty in order to encourage coordinated
711regional stewardship planning.
712     3.  A local government, in conjunction with a regional
713planning council, a stakeholder organization of private land
714owners, or another local government, shall notify the department
715in writing of its intent to designate a rural land stewardship
716area. The written notification shall describe the basis for the
717designation, including the extent to which the rural land
718stewardship area enhances rural land values, controls urban
719sprawl, provides necessary open space for agriculture and
720protection of the natural environment, promotes rural economic
721activity, and maintains rural character and the economic
722viability of agriculture.
723     4.  A rural land stewardship area shall be not less than
72410,000 acres and shall be located outside of municipalities and
725established urban growth boundaries, and shall be designated by
726plan amendment. The plan amendment designating a rural land
727stewardship area shall be subject to review by the Department of
728Community Assistance Affairs pursuant to s. 163.3184 and shall
729provide for the following:
730     a.  Criteria for the designation of receiving areas within
731rural land stewardship areas in which innovative planning and
732development strategies may be applied. Criteria shall at a
733minimum provide for the following: adequacy of suitable land to
734accommodate development so as to avoid conflict with
735environmentally sensitive areas, resources, and habitats;
736compatibility between and transition from higher density uses to
737lower intensity rural uses; the establishment of receiving area
738service boundaries which provide for a separation between
739receiving areas and other land uses within the rural land
740stewardship area through limitations on the extension of
741services; and connection of receiving areas with the rest of the
742rural land stewardship area using rural design and rural road
743corridors.
744     b.  Goals, objectives, and policies setting forth the
745innovative planning and development strategies to be applied
746within rural land stewardship areas pursuant to the provisions
747of this section.
748     c.  A process for the implementation of innovative planning
749and development strategies within the rural land stewardship
750area, including those described in this subsection and rule 9J-
7515.006(5)(l), Florida Administrative Code, which provide for a
752functional mix of land uses and which are applied through the
753adoption by the local government of zoning and land development
754regulations applicable to the rural land stewardship area.
755     d.  A process which encourages visioning pursuant to s.
756163.3167(11) to ensure that innovative planning and development
757strategies comply with the provisions of this section.
758     e.  The control of sprawl through the use of innovative
759strategies and creative land use techniques consistent with the
760provisions of this subsection and rule 9J-5.006(5)(l), Florida
761Administrative Code.
762     5.  A receiving area shall be designated by the adoption of
763a land development regulation. Prior to the designation of a
764receiving area, the local government shall provide the
765Department of Community Assistance Affairs a period of 30 days
766in which to review a proposed receiving area for consistency
767with the rural land stewardship area plan amendment and to
768provide comments to the local government.
769     6.  Upon the adoption of a plan amendment creating a rural
770land stewardship area, the local government shall, by ordinance,
771establish the methodology for the creation, conveyance, and use
772of transferable rural land use credits, otherwise referred to as
773stewardship credits, the application of assign to the area a
774certain number of credits, to be known as "transferable rural
775land use credits," which shall not constitute a right to develop
776land, nor increase density of land, except as provided by this
777section. The total amount of transferable rural land use credits
778within assigned to the rural land stewardship area must enable
779the realization of the long-term vision and goals for correspond
780to the 25-year or greater projected population of the rural land
781stewardship area. Transferable rural land use credits are
782subject to the following limitations:
783     a.  Transferable rural land use credits may only exist
784within a rural land stewardship area.
785     b.  Transferable rural land use credits may only be used on
786lands designated as receiving areas and then solely for the
787purpose of implementing innovative planning and development
788strategies and creative land use planning techniques adopted by
789the local government pursuant to this section.
790     c.  Transferable rural land use credits assigned to a
791parcel of land within a rural land stewardship area shall cease
792to exist if the parcel of land is removed from the rural land
793stewardship area by plan amendment.
794     d.  Neither the creation of the rural land stewardship area
795by plan amendment nor the assignment of transferable rural land
796use credits by the local government shall operate to displace
797the underlying density of land uses assigned to a parcel of land
798within the rural land stewardship area; however, if transferable
799rural land use credits are transferred from a parcel for use
800within a designated receiving area, the underlying density
801assigned to the parcel of land shall cease to exist.
802     e.  The underlying density on each parcel of land located
803within a rural land stewardship area shall not be increased or
804decreased by the local government, except as a result of the
805conveyance or use of transferable rural land use credits, as
806long as the parcel remains within the rural land stewardship
807area.
808     f.  Transferable rural land use credits shall cease to
809exist on a parcel of land where the underlying density assigned
810to the parcel of land is utilized.
811     g.  An increase in the density of use on a parcel of land
812located within a designated receiving area may occur only
813through the assignment or use of transferable rural land use
814credits and shall not require a plan amendment.
815     h.  A change in the density of land use on parcels located
816within receiving areas shall be specified in a development order
817which reflects the total number of transferable rural land use
818credits assigned to the parcel of land and the infrastructure
819and support services necessary to provide for a functional mix
820of land uses corresponding to the plan of development.
821     i.  Land within a rural land stewardship area may be
822removed from the rural land stewardship area through a plan
823amendment.
824     j.  Transferable rural land use credits may be assigned at
825different ratios of credits per acre according to the natural
826resource or other beneficial use characteristics of the land and
827according to the land use remaining following the transfer of
828credits, with the highest number of credits per acre assigned to
829the most environmentally valuable land, or in locations where
830the retention of and a lesser number of credits to be assigned
831to open space and agricultural land is a priority, to such
832lands.
833     k.  The use or conveyance of transferable rural land use
834credits must be recorded in the public records of the county in
835which the property is located as a covenant or restrictive
836easement running with the land in favor of the county and either
837the Department of Environmental Protection, Department of
838Agriculture and Consumer Services, a water management district,
839or a recognized statewide land trust.
840     7.  Owners of land within rural land stewardship areas
841should be provided incentives to enter into rural land
842stewardship agreements, pursuant to existing law and rules
843adopted thereto, with state agencies, water management
844districts, and local governments to achieve mutually agreed upon
845conservation objectives. Such incentives may include, but not be
846limited to, the following:
847     a.  Opportunity to accumulate transferable mitigation
848credits.
849     b.  Extended permit agreements.
850     c.  Opportunities for recreational leases and ecotourism.
851     d.  Payment for specified land management services on
852publicly owned land, or property under covenant or restricted
853easement in favor of a public entity.
854     e.  Option agreements for sale to public entities or
855private land conservation entities, in either fee or easement,
856upon achievement of conservation objectives.
857     8.  The department shall report to the Legislature on an
858annual basis on the results of implementation of rural land
859stewardship areas authorized by the department, including
860successes and failures in achieving the intent of the
861Legislature as expressed in this paragraph.
862     9.  In recognition of the benefits of conceptual long-range
863planning, restoration and maintenance of the economic value of
864rural land; control of urban sprawl; identification and
865protection of ecosystems, habitats, and natural resources;
866promotion of rural economic activity; maintenance of the
867viability of the agricultural economy of this state; and
868protection of the character of rural areas of this state that
869will result from a rural land stewardship area, and to further
870encourage the innovative planning and development strategies in
871a rural land stewardship area, development within a rural land
872stewardship area is exempt from the requirements of s. 380.06.
873     (12)  A public school facilities element adopted to
874implement a school concurrency program shall meet the
875requirements of this subsection.
876     (a)  In order to enact a public school facilities element,
877each county and each municipality within the county must adopt a
878consistent public school facilities element and enter an
879interlocal agreement pursuant to s. 163.31777. The state land
880planning agency may provide a waiver to a county and to the
881municipalities within the county if the utilization rate for all
882schools within the district is less than 100 percent and the
883projected 5-year capital outlay full-time equivalent student
884growth rate is less than 10 percent. At its discretion, the
885state land planning agency may grant a waiver to a county or
886municipality for a single school to exceed the 100 percent
887limitation if it can be demonstrated that the capacity for that
888single school is not greater than 105 percent. A municipality in
889a nonexempt county is exempt if the municipality meets all of
890the following criteria for having no significant impact on
891school attendance:
892     1.  The municipality has issued development orders for
893fewer than 50 residential dwelling units during the preceding 5
894years or the municipality has generated fewer than 25 additional
895public school students during the preceding 5 years.
896     2.  The municipality has not annexed new land during the
897preceding 5 years in land use categories that permit residential
898uses that will affect school attendance rates.
899     3.  The municipality has no public schools located within
900its boundaries.
901     4.  At least 80 percent of the developable land within the
902boundaries of the municipality has been developed.
903     (b)(a)  A public school facilities element shall be based
904upon data and analyses that address, among other items, how
905level-of-service standards will be achieved and maintained. Such
906data and analyses must include, at a minimum, such items as: the
907interlocal agreement adopted pursuant to s. 163.31777 and the 5-
908year school district facilities work program adopted pursuant to
909s. 1013.35; the educational plant survey prepared pursuant to s.
9101013.31 and an existing educational and ancillary plant map or
911map series; information on existing development and development
912anticipated for the next 5 years and the long-term planning
913period; an analysis of problems and opportunities for existing
914schools and schools anticipated in the future; an analysis of
915opportunities to collocate future schools with other public
916facilities such as parks, libraries, and community centers; an
917analysis of the need for supporting public facilities for
918existing and future schools; an analysis of opportunities to
919locate schools to serve as community focal points; projected
920future population and associated demographics, including
921development patterns year by year for the upcoming 5-year and
922long-term planning periods; and anticipated educational and
923ancillary plants with land area requirements.
924     (c)(b)  The element shall contain one or more goals which
925establish the long-term end toward which public school programs
926and activities are ultimately directed.
927     (d)(c)  The element shall contain one or more objectives
928for each goal, setting specific, measurable, intermediate ends
929that are achievable and mark progress toward the goal.
930     (e)(d)  The element shall contain one or more policies for
931each objective which establish the way in which programs and
932activities will be conducted to achieve an identified goal.
933     (f)(e)  The objectives and policies shall address items
934such as:
935     1.  The procedure for an annual update process;
936     2.  The procedure for school site selection;
937     3.  The procedure for school permitting;
938     4.  Provision of supporting infrastructure necessary to
939support proposed schools, including potable water, wastewater,
940drainage, solid waste, transportation, and means by which to
941ensure safe access to schools, including sidewalks, bicycle
942paths, turn lanes, and signalization;
943     5.  Provision of colocation of other public facilities,
944such as parks, libraries, and community centers, in proximity to
945public schools;
946     6.  Provision of location of schools proximate to
947residential areas and to complement patterns of development,
948including the location of future school sites so they serve as
949community focal points;
950     7.  Measures to ensure compatibility of school sites and
951surrounding land uses;
952     8.  Coordination with adjacent local governments and the
953school district on emergency preparedness issues, including the
954use of public schools to serve as emergency shelters; and
955     9.  Coordination with the future land use element; and
956     10.  Ensuring the achievement and maintenance of the
957adopted level-of-service standards for the geographic area of
958application throughout the 5 years covered by the public school
959capital facilities plan and thereafter by adding a new fifth
960year during the annual update.
961     (g)(f)  The element shall include one or more future
962conditions maps which depict the anticipated location of
963educational and ancillary plants, including the general location
964of improvements to existing schools or new schools anticipated
965over the 5-year or long-term planning period. The maps will of
966necessity be general for the long-term planning period and more
967specific for the 5-year period. Maps indicating general
968locations of future schools or school improvements may not
969prescribe a land use on a particular parcel of land.
970     (h)  The state land planning agency shall establish phased
971schedules for adoption of the public school facilities element
972and the required updates to the public schools interlocal
973interlocal agreement pursuant to s. 163.31777. The schedule for
974the updated public schools interlocal agreement shall provide
975for each county and local government within the county to submit
976the agreement no later than December 1, 2006. The schedule for
977the public schools facilities element shall be transmitted to
978the state land planning agency by December 1, 2008. The state
979land planning agency may grant a 1-year extension for the
980adoption of the element if a request is justified by good and
981sufficient cause as determined by the agency. The state land
982planning agency shall set the same date for all governmental
983entities within a school district. However, if the county where
984the school district is located contains more than 20
985municipalities, the state land planning agency may establish
986staggered due dates for the submission of interlocal agreements
987by these municipalities. Plan amendments to adopt a public
988school facilities element are exempt from the provisions of s.
989163.3187(1).
990     (13)  Each local government is encouraged to develop a
991community vision that provides for sustainable growth,
992recognizes the local government's fiscal constraints, and
993protects the local government's natural resources. At the
994request of a local government, the applicable regional planning
995council shall provide assistance in the development of a long-
996range community vision. The community vision must reflect the
997community's shared concept for growth and development of the
998community, including visual representations depicting the
999desired land-use patterns and character of the community during
1000a 10-year planning timeframe.
1001     Section 6.  Section 163.31777, Florida Statutes, is amended
1002to read:
1003     163.31777  Public schools interlocal agreement.--
1004     (1)(a)  The school board, county, and nonexempt
1005municipalities located within the geographic area of a school
1006district shall enter into an interlocal agreement with the
1007district school board which jointly establishes the specific
1008ways in which the plans and processes of the district school
1009board and the local governments are to be coordinated. The
1010interlocal agreements shall be submitted to the state land
1011planning agency and the Office of Educational Facilities and the
1012SMART Schools Clearinghouse in accordance with a schedule
1013published by the state land planning agency.
1014     (b)  The schedule must establish staggered due dates for
1015submission of interlocal agreements that are executed by both
1016the local government and the district school board, commencing
1017on March 1, 2003, and concluding by December 1, 2004, and must
1018set the same date for all governmental entities within a school
1019district. However, if the county where the school district is
1020located contains more than 20 municipalities, the state land
1021planning agency may establish staggered due dates for the
1022submission of interlocal agreements by these municipalities. The
1023schedule must begin with those areas where both the number of
1024districtwide capital-outlay full-time-equivalent students equals
102580 percent or more of the current year's school capacity and the
1026projected 5-year student growth is 1,000 or greater, or where
1027the projected 5-year student growth rate is 10 percent or
1028greater.
1029     (b)(c)  If the student population has declined over the 5-
1030year period preceding the due date for submittal of an
1031interlocal agreement by the local government and the district
1032school board, the local government and the district school board
1033may petition the state land planning agency for a waiver of one
1034or more requirements of subsection (2). The waiver must be
1035granted if the procedures called for in subsection (2) are
1036unnecessary because of the school district's declining school
1037age population, considering the district's 5-year facilities
1038work program prepared pursuant to s. 1013.35. The state land
1039planning agency may modify or revoke the waiver upon a finding
1040that the conditions upon which the waiver was granted no longer
1041exist. The district school board and local governments must
1042submit an interlocal agreement within 1 year after notification
1043by the state land planning agency that the conditions for a
1044waiver no longer exist.
1045     (c)(d)  Interlocal agreements between local governments and
1046district school boards adopted pursuant to s. 163.3177 before
1047the effective date of this section must be updated and executed
1048pursuant to the requirements of this section, if necessary.
1049Amendments to interlocal agreements adopted pursuant to this
1050section must be submitted to the state land planning agency
1051within 30 days after execution by the parties for review
1052consistent with this section. Local governments and the district
1053school board in each school district are encouraged to adopt a
1054single updated interlocal agreement to which all join as
1055parties. The state land planning agency shall assemble and make
1056available model interlocal agreements meeting the requirements
1057of this section and notify local governments and, jointly with
1058the Department of Education, the district school boards of the
1059requirements of this section, the dates for compliance, and the
1060sanctions for noncompliance. The state land planning agency
1061shall be available to informally review proposed interlocal
1062agreements. If the state land planning agency has not received a
1063proposed interlocal agreement for informal review, the state
1064land planning agency shall, at least 60 days before the deadline
1065for submission of the executed agreement, renotify the local
1066government and the district school board of the upcoming
1067deadline and the potential for sanctions.
1068     (2)  At a minimum, The interlocal agreement shall
1069acknowledge the school board's constitutional and statutory
1070obligations to provide a uniform system of free public schools
1071on a countywide basis and the land use authority of local
1072governments, including their authority to approve or deny
1073comprehensive plan amendments and development orders. The
1074interlocal agreement must address the following issues:
1075     (a)  Establish the mechanisms for coordinating the
1076development, adoption, and amendment of each local government's
1077public school facilities element with each other and the plans
1078of the school board to ensure a uniform districtwide school
1079concurrency system.
1080     (b)  Establish a process for the development of siting
1081criteria which encourages the location of public schools
1082proximate to urban residential areas to the extent possible and
1083seeks to collocate schools with other public facilities such as
1084parks, libraries, and community centers to the extent possible.
1085     (c)  Specify uniform, districtwide level-of-service
1086standards for public schools of the same type and the process
1087for modifying the adopted levels-of-service standards.
1088     (d)  A process for establishing a financially feasible
1089public school capital facilities program and a process and
1090schedule for incorporation of the public school capital
1091facilities program into the local government comprehensive plans
1092on an annual basis.
1093     (e)  If school concurrency is to be applied on a less than
1094districtwide basis in the form of concurrency service areas, the
1095agreement shall establish criteria and standards for the
1096establishment and modification of school concurrency service
1097areas. The agreement shall also establish a process and schedule
1098for the mandatory incorporation of the school concurrency
1099service areas and the criteria and standards for establishment
1100of the service areas into the local government comprehensive
1101plans. The agreement shall ensure maximum utilization of school
1102capacity, taking into account transportation costs and court-
1103approved desegregation plans, as well as other applicable
1104factors.
1105     (f)  Establish a uniform districtwide procedure for
1106implementing school concurrency which provides for:
1107     1.  Informing the local government regarding the effect of
1108comprehensive plan amendments and rezonings on school capacity.
1109The capacity reporting must be consistent with laws and rules
1110relating to measurement of school facility capacity and must
1111also identify how the district school board will meet the public
1112school demand based on the facilities work program adopted
1113pursuant to s. 1013.35.
1114     2.  The evaluation of development applications for
1115compliance with school concurrency requirements, including
1116information provided by the school board on affected schools.
1117     3.  An opportunity for the school board to review and
1118comment on the effect of comprehensive plan amendments and
1119rezonings on the public school facilities plan.
1120     4.  The monitoring and evaluation of the school concurrency
1121system.
1122     (g)  A process and uniform methodology for determining
1123proportionate-share mitigation pursuant to s. 380.06.
1124     (h)(a)  A process by which each local government and the
1125district school board agree and base their plans on consistent
1126projections of the amount, type, and distribution of population
1127growth and student enrollment. The geographic distribution of
1128jurisdiction-wide growth forecasts is a major objective of the
1129process.
1130     (i)(b)  A process to coordinate and share information
1131relating to existing and planned public school facilities,
1132including school renovations and closures, and local government
1133plans for development and redevelopment.
1134     (j)(c)  Participation by affected local governments with
1135the district school board in the process of evaluating potential
1136school closures, significant renovations to existing schools,
1137and new school site selection before land acquisition. Local
1138governments shall advise the district school board as to the
1139consistency of the proposed closure, renovation, or new site
1140with the local comprehensive plan, including appropriate
1141circumstances and criteria under which a district school board
1142may request an amendment to the comprehensive plan for school
1143siting.
1144     (k)(d)  A process for determining the need for and timing
1145of onsite and offsite improvements to support new, proposed
1146expansion, or redevelopment of existing schools. The process
1147must address identification of the party or parties responsible
1148for the improvements.
1149     (e)  A process for the school board to inform the local
1150government regarding school capacity. The capacity reporting
1151must be consistent with laws and rules relating to measurement
1152of school facility capacity and must also identify how the
1153district school board will meet the public school demand based
1154on the facilities work program adopted pursuant to s. 1013.35.
1155     (l)(f)  Participation of the local governments in the
1156preparation of the annual update to the district school board's
11575-year district facilities work program and educational plant
1158survey prepared pursuant to s. 1013.35.
1159     (m)(g)  A process for determining where and how joint use
1160of either school board or local government facilities can be
1161shared for mutual benefit and efficiency.
1162     (n)(h)  A procedure for the resolution of disputes between
1163the district school board and local governments, which may
1164include the dispute resolution processes contained in chapters
1165164 and 186.
1166     (o)(i)  An oversight process, including an opportunity for
1167public participation, for the implementation of the interlocal
1168agreement.
1169     (p)  A process for development of a public school
1170facilities element pursuant to 163.3177(12).
1171     (q)  Provisions for siting and modification or enhancements
1172to existing school facilities so as to encourage urban infill
1173and redevelopment.
1174     (r)  A process for the use and conversion of historic
1175school facilities that are no longer suitable for educational
1176purposes as determined by the district school board.
1177
1178For those local governments that receive a waiver pursuant to s.
1179163.3177(2)(a), the interlocal agreement shall not include the
1180issues provided for in paragraphs (a), (c), (d), (e), (f), (g),
1181and (p). For counties or municipalities that do not have a
1182public schools interlocal agreement or public school facility
1183element, the assessment shall determine whether the local
1184government continues to meet the criteria of s. 163.3177(12). If
1185the county or municipality determines that it no longer meets
1186the criteria, the county or municipality must adopt appropriate
1187school concurrency goals, objectives, and policies in its plan
1188amendments pursuant to the requirements of the public school
1189facility element and enter into the existing interlocal
1190agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
1191order to fully participate in the school concurrency system. A
1192signatory to the interlocal agreement may elect not to include a
1193provision meeting the requirements of paragraph (e); however,
1194such a decision may be made only after a public hearing on such
1195election, which may include the public hearing in which a
1196district school board or a local government adopts the
1197interlocal agreement. An interlocal agreement entered into
1198pursuant to this section must be consistent with the adopted
1199comprehensive plan and land development regulations of any local
1200government that is a signatory.
1201     (3)(a)  The updated interlocal agreement, adopted pursuant
1202to the schedule adopted in accordance with s. 163.3177(12)(h),
1203and any subsequent amendments must be submitted to the state
1204land planning agency and the Office of Educational Facilities
1205within 30 days after execution by the parties for review
1206consistent with this section. The office and SMART Schools
1207Clearinghouse shall submit any comments or concerns regarding
1208the executed interlocal agreement or amendments to the state
1209land planning agency within 30 days after receipt of the
1210executed interlocal agreement or amendments. The state land
1211planning agency shall review the updated executed interlocal
1212agreement to determine whether it is consistent with the
1213requirements of subsection (2), the adopted local government
1214comprehensive plan, and other requirements of law. Within 60
1215days after receipt of an updated executed interlocal agreement
1216or amendment, the state land planning agency shall publish a
1217notice on the agency's Internet website that states of intent in
1218the Florida Administrative Weekly and shall post a copy of the
1219notice on the agency's Internet site. The notice of intent must
1220state whether the interlocal agreement is consistent or
1221inconsistent with the requirements of subsection (2) and this
1222subsection, as appropriate.
1223     (b)  The state land planning agency's notice is subject to
1224challenge under chapter 120; however, an affected person, as
1225defined in s. 163.3184(1)(a), has standing to initiate the
1226administrative proceeding, and this proceeding is the sole means
1227available to challenge the consistency of an interlocal
1228agreement required by this section with the criteria contained
1229in subsection (2) and this subsection. In order to have
1230standing, each person must have submitted oral or written
1231comments, recommendations, or objections to the local government
1232or the school board before the adoption of the interlocal
1233agreement by the school board and local government. The district
1234school board and local governments are parties to any such
1235proceeding. In this proceeding, when the state land planning
1236agency finds the interlocal agreement to be consistent with the
1237criteria in subsection (2) and this subsection, the interlocal
1238agreement shall be determined to be consistent with subsection
1239(2) and this subsection if the local government's and school
1240board's determination of consistency is fairly debatable. When
1241the state planning agency finds the interlocal agreement to be
1242inconsistent with the requirements of subsection (2) and this
1243subsection, the local government's and school board's
1244determination of consistency shall be sustained unless it is
1245shown by a preponderance of the evidence that the interlocal
1246agreement is inconsistent.
1247     (c)  If the state land planning agency enters a final order
1248that finds that the interlocal agreement is inconsistent with
1249the requirements of subsection (2) or this subsection, it shall
1250forward it to the Administration Commission, which may impose
1251sanctions against the local government pursuant to s.
1252163.3184(11) and may impose sanctions against the district
1253school board by directing the Department of Education to
1254withhold from the district school board an equivalent amount of
1255funds for school construction available pursuant to ss. 1013.65,
12561013.68, 1013.70, and 1013.72.
1257     (4)  If an updated executed interlocal agreement is not
1258timely submitted to the state land planning agency for review,
1259the state land planning agency shall, within 15 working days
1260after the deadline for submittal, issue to the local government
1261and the district school board a Notice to Show Cause why
1262sanctions should not be imposed for failure to submit an
1263executed interlocal agreement by the deadline established by the
1264agency. The agency shall forward the notice and the responses to
1265the Administration Commission, which may enter a final order
1266citing the failure to comply and imposing sanctions against the
1267local government and district school board by directing the
1268appropriate agencies to withhold at least 5 percent of state
1269funds pursuant to s. 163.3184(11) and by directing the
1270Department of Education to withhold from the district school
1271board at least 5 percent of funds for school construction
1272available pursuant to ss. 1013.65, 1013.68, 1013.70, and
12731013.72.
1274     (5)  Any local government transmitting a public school
1275element to implement school concurrency pursuant to the
1276requirements of s. 163.3180 before July 1, 2005 the effective
1277date of this section is not required to amend the element or any
1278interlocal agreement to conform with the provisions of this
1279section if the element is adopted prior to or within 1 year
1280after the effective date of this section and remains in effect.
1281     (6)  Except as provided in subsection (7), municipalities
1282meeting the exemption criteria in s. 163.3177(12) having no
1283established need for a new school facility and meeting the
1284following criteria are exempt from the requirements of
1285subsections (1), (2), and (3).:
1286     (a)  The municipality has no public schools located within
1287its boundaries.
1288     (b)  The district school board's 5-year facilities work
1289program and the long-term 10-year and 20-year work programs, as
1290provided in s. 1013.35, demonstrate that no new school facility
1291is needed in the municipality. In addition, the district school
1292board must verify in writing that no new school facility will be
1293needed in the municipality within the 5-year and 10-year
1294timeframes.
1295     (7)  At the time of the evaluation and appraisal report,
1296each exempt municipality shall assess the extent to which it
1297continues to meet the criteria for exemption under s.
1298163.3177(12) subsection (6). If the municipality continues to
1299meet these criteria and the district school board verifies in
1300writing that no new school facilities will be needed within the
13015-year and 10-year timeframes, the municipality shall continue
1302to be exempt from the interlocal-agreement requirement. Each
1303municipality exempt under s. 163.3177(12) subsection (6) must
1304comply with the provisions of this section within 1 year after
1305the district school board proposes, in its 5-year district
1306facilities work program, a new school within the municipality's
1307jurisdiction.
1308     Section 7.  Paragraph (a) of subsection (1), paragraphs (a)
1309and (c) of subsection (2), paragraph (c) of subsection (4),
1310subsections (5), (6), (7), (9), (10), and (13), and paragraph
1311(c) of subsection (15) of section 163.3180, Florida Statutes,
1312are amended, and subsections (16) and (17) are added to said
1313section, to read:
1314     163.3180  Concurrency.--
1315     (1)(a)  Sanitary sewer, solid waste, drainage, potable
1316water, parks and recreation, schools, and transportation
1317facilities, including mass transit, where applicable, are the
1318only public facilities and services subject to the concurrency
1319requirement on a statewide basis. Additional public facilities
1320and services may not be made subject to concurrency on a
1321statewide basis without appropriate study and approval by the
1322Legislature; however, any local government may extend the
1323concurrency requirement so that it applies to additional public
1324facilities within its jurisdiction.
1325     (2)(a)  Consistent with public health and safety, sanitary
1326sewer, solid waste, drainage, adequate water supplies, and
1327potable water facilities shall be in place and available to
1328serve new development no later than the issuance by the local
1329government of a certificate of occupancy or its functional
1330equivalent.
1331     (c)  Consistent with the public welfare, and except as
1332otherwise provided in this section, transportation facilities
1333designated as part of the Florida Intrastate Highway System
1334needed to serve new development shall be in place or under
1335actual construction within 3 not more than 5 years after
1336issuance by the local government of a certificate of occupancy
1337or its functional equivalent. Other transportation facilities
1338needed to serve new development shall be in place or under
1339actual construction no more than 3 years after issuance by the
1340local government of a certificate of occupancy or its functional
1341equivalent.
1342     (4)
1343     (c)  The concurrency requirement, except as it relates to
1344transportation facilities, as implemented in local government
1345comprehensive plans, may be waived by a local government for
1346urban infill and redevelopment areas designated pursuant to s.
1347163.2517 if such a waiver does not endanger public health or
1348safety as defined by the local government in its local
1349government comprehensive plan. The waiver shall be adopted as a
1350plan amendment pursuant to the process set forth in s.
1351163.3187(3)(a). A local government may grant a concurrency
1352exception pursuant to subsection (5) for transportation
1353facilities located within these urban infill and redevelopment
1354areas. Within designated urban infill and redevelopment areas,
1355the local government and Department of Transportation shall
1356cooperatively establish a plan for maintaining the adopted
1357level-of-service standards established by the Department of
1358Transportation for Strategic Intermodal System facilities, as
1359defined in s. 339.64.
1360     (5)(a)  The Legislature finds that under limited
1361circumstances dealing with transportation facilities,
1362countervailing planning and public policy goals may come into
1363conflict with the requirement that adequate public facilities
1364and services be available concurrent with the impacts of such
1365development. The Legislature further finds that often the
1366unintended result of the concurrency requirement for
1367transportation facilities is the discouragement of urban infill
1368development and redevelopment. Such unintended results directly
1369conflict with the goals and policies of the state comprehensive
1370plan and the intent of this part. Therefore, exceptions from the
1371concurrency requirement for transportation facilities may be
1372granted as provided by this subsection.
1373     (b)  A local government may grant an exception from the
1374concurrency requirement for transportation facilities if the
1375proposed development is otherwise consistent with the adopted
1376local government comprehensive plan and is a project that
1377promotes public transportation or is located within an area
1378designated in the comprehensive plan for:
1379     1.  Urban infill development,
1380     2.  Urban redevelopment,
1381     3.  Downtown revitalization, or
1382     4.  Urban infill and redevelopment under s. 163.2517.
1383     (c)  The Legislature also finds that developments located
1384within urban infill, urban redevelopment, existing urban
1385service, or downtown revitalization areas or areas designated as
1386urban infill and redevelopment areas under s. 163.2517 which
1387pose only special part-time demands on the transportation system
1388should be excepted from the concurrency requirement for
1389transportation facilities. A special part-time demand is one
1390that does not have more than 200 scheduled events during any
1391calendar year and does not affect the 100 highest traffic volume
1392hours.
1393     (d)  A local government shall establish guidelines for
1394granting the exceptions authorized in paragraphs (b) and (c) in
1395the comprehensive plan. These guidelines must include
1396consideration of the Strategic Intermodal System impacts on the
1397Florida Intrastate Highway System, as defined in s. 338.001. The
1398exceptions may be available only within the specific geographic
1399area of the jurisdiction designated in the plan. Pursuant to s.
1400163.3184, any affected person may challenge a plan amendment
1401establishing these guidelines and the areas within which an
1402exception could be granted.
1403     (e)  It is a high state priority that urban infill and
1404redevelopment be promoted and provided incentives. By promoting
1405the revitalization of existing communities of this state, a more
1406efficient maximization of space and facilities may be achieved
1407and urban sprawl will be discouraged. If a local government
1408creates a long-term vision for its community that includes
1409adequate funding and services, the transportation facilities
1410concurrency requirement of paragraph (2)(c) are waived for:
1411     1.  Urban infill development as designated in the
1412comprehensive plan;
1413     2.  Urban redevelopment as designated in the comprehensive
1414plan;
1415     3.  Downtown revitalization as designated in the
1416comprehensive plan;
1417     4.  Urban infill and redevelopment under s. 163.2517 as
1418designated in the comprehensive plan; or
1419     5.  Municipalities that are at least 90 percent built-out.
1420"Built-out" means 90 percent of a local government's developable
1421land is currently developed. However, any newly annexed property
1422shall not be exempt from transportation facilities concurrency
1423requirements unless the annexed property is at least 90 percent
1424built out.
1425
1426The local government and Department of Transportation shall
1427cooperatively establish a plan for maintaining the adopted
1428level-of-service standards established by the Department of
1429Transportation for Strategic Intermodal System facilities, as
1430defined in s. 339.64.
1431     (6)  The Legislature finds that a de minimis impact is
1432consistent with this part. A de minimis impact is an impact that
1433would not affect more than 1 percent of the maximum volume at
1434the adopted level of service of the affected transportation
1435facility as determined by the local government. No impact will
1436be de minimis if the sum of existing roadway volumes and the
1437projected volumes from approved projects on a transportation
1438facility would exceed 110 percent of the maximum volume at the
1439adopted level of service of the affected transportation
1440facility; provided however, that an impact of a single family
1441home on an existing lot will constitute a de minimis impact on
1442all roadways regardless of the level of the deficiency of the
1443roadway. Local governments are encouraged to adopt methodologies
1444to encourage de minimis impacts on transportation facilities
1445within an existing urban service area. Further, no impact will
1446be de minimis if it would exceed the adopted level-of-service
1447standard of any affected designated hurricane evacuation routes.
1448Each local government shall annually adjust its concurrency
1449management system calculation of existing background traffic to
1450reflect projects permitted under the de minimis exemption.
1451     (7)  In order to promote infill development and
1452redevelopment, one or more transportation concurrency management
1453areas may be designated in a local government comprehensive
1454plan. A transportation concurrency management area must be a
1455compact geographic area with an existing network of roads where
1456multiple, viable alternative travel paths or modes are available
1457for common trips. A local government may establish an areawide
1458level-of-service standard for such a transportation concurrency
1459management area based upon an analysis that provides for a
1460justification for the areawide level of service, how urban
1461infill development or redevelopment will be promoted, and how
1462mobility will be accomplished within the transportation
1463concurrency management area. Within designated urban infill and
1464redevelopment areas, the local government and Department of
1465Transportation shall cooperatively establish a plan for
1466maintaining the adopted level-of-service standards established
1467by the Department of Transportation for Strategic Intermodal
1468System facilities pursuant to s. 339.64. The state land planning
1469agency shall amend chapter 9J-5, Florida Administrative Code, to
1470be consistent with this subsection.
1471     (9)(a)  Each local government may adopt as a part of its
1472plan a long-term transportation and school concurrency
1473management systems system with a planning period of up to 10
1474years for specially designated districts or areas where
1475significant backlogs exist. The plan may include interim level-
1476of-service standards on certain facilities and shall may rely on
1477the local government's schedule of capital improvements for up
1478to 10 years as a basis for issuing development orders that
1479authorize commencement of construction permits in these
1480designated districts or areas. The concurrency management
1481system. It must be designed to correct existing deficiencies and
1482set priorities for addressing backlogged facilities. The
1483concurrency management system It must be financially feasible
1484and consistent with other portions of the adopted local plan,
1485including the future land use map.
1486     (b)  If a local government has a transportation or school
1487facility backlog for existing development which cannot be
1488adequately addressed in a 10-year plan, the state land planning
1489agency may allow it to develop a plan and long-term schedule of
1490capital improvements covering of up to 15 years for good and
1491sufficient cause, based on a general comparison between that
1492local government and all other similarly situated local
1493jurisdictions, using the following factors:
1494     1.  The extent of the backlog.
1495     2.  For roads, whether the backlog is on local or state
1496roads.
1497     3.  The cost of eliminating the backlog.
1498     4.  The local government's tax and other revenue-raising
1499efforts.
1500     (c)  The local government may issue approvals to commence
1501construction, notwithstanding s. 163.3180, consistent with and
1502in areas that are subject to a long-term concurrency management
1503system.
1504     (d)  If the local government adopts a long-term concurrency
1505management system, the government must evaluate the system
1506periodically. At a minimum, the local government must assess its
1507progress toward improving levels of service within the long-term
1508concurrency management district or area in the evaluation and
1509appraisal report and determine any changes that are necessary to
1510accelerate progress in meeting acceptable levels of service or
1511providing other methods of transportation.
1512     (10)  With regard to facilities on the Florida Intrastate
1513Highway System as defined in s. 338.001, with concurrence from
1514the Department of Transportation, the level-of-service standard
1515for general lanes in urbanized areas, as defined in s.
1516334.03(36), may be established by the local government in the
1517comprehensive plan. For the Strategic Intermodal System and all
1518other facilities on the Florida Intrastate Highway System, local
1519governments shall adopt the level-of-service standard that has
1520been established by the Department of Transportation by rule.
1521For all other roads on the State Highway System, local
1522governments shall establish an adequate level-of-service
1523standard that need not be consistent with any level-of-service
1524standard established by the Department of Transportation. In
1525establishing adequate level-of-service standards for any
1526arterial roads or collector roads, as appropriate, which
1527traverse multiple jurisdictions, local governments shall
1528consider compatibility with the roadway facility's adopted
1529level-of-service standards in adjacent jurisdictions. Each local
1530government within a county shall use a professionally accepted
1531methodology for measuring impacts on transportation facilities
1532for the purposes of implementing its concurrency management
1533system. Counties are encouraged to coordinate with adjacent
1534counties and municipalities in such counties for the purpose of
1535using common methodologies for implementing their concurrency
1536management systems.
1537     (13)  In accordance with the schedule adopted in accordance
1538with s. 163.3177(12)(h), school concurrency, if imposed by local
1539option, shall be established on a districtwide basis and shall
1540include all public schools in the district and all portions of
1541the district, whether located in a municipality or an
1542unincorporated area unless exempt from the public school
1543facilities element pursuant to s. 163.3177(12), except that this
1544subsection shall not apply to the Florida School for the Deaf
1545and the Blind. The development of school concurrency shall be
1546accomplished through a coordinated process including the local
1547school district, the county, and all non-exempt municipalities
1548within the county and shall be reflected in the public school
1549facilities element adopted pursuant to the schedule provided for
1550in s. 163.3177(12)(h). The school concurrency requirement shall
1551not be effective until the adoption of the public school
1552facilities element. The application of school concurrency to
1553development shall be based upon the adopted comprehensive plan,
1554as amended. All local governments within a county, except as
1555provided in paragraph (f), shall adopt and transmit to the state
1556land planning agency the necessary plan amendments, along with
1557the interlocal agreement, for a compliance review pursuant to s.
1558163.3184(7) and (8). School concurrency shall not become
1559effective in a county until all local governments, except as
1560provided in paragraph (f), have adopted the necessary plan
1561amendments, which together with the interlocal agreement, are
1562determined to be in compliance with the requirements of this
1563part. The minimum requirements for school concurrency are the
1564following:
1565     (a)  Public school facilities element.--A local government
1566shall adopt and transmit to the state land planning agency a
1567plan or plan amendment which includes a public school facilities
1568element which is consistent with the requirements of s.
1569163.3177(12) and which is determined to be in compliance as
1570defined in s. 163.3184(1)(b). All local government public school
1571facilities plan elements within a county must be consistent with
1572each other as well as the requirements of this part.
1573     (b)  Level-of-service standards.--The Legislature
1574recognizes that an essential requirement for a concurrency
1575management system is the level of service at which a public
1576facility is expected to operate.
1577     1.  Local governments and school boards imposing school
1578concurrency shall exercise authority in conjunction with each
1579other to establish jointly adequate level-of-service standards,
1580as defined in chapter 9J-5, Florida Administrative Code,
1581necessary to implement the adopted local government
1582comprehensive plan, based on data and analysis.
1583     2.  Public school level-of-service standards shall be
1584included and adopted into the capital improvements element of
1585the local comprehensive plan and shall apply districtwide to all
1586schools of the same type. Types of schools may include charter,
1587elementary, middle, and high schools as well as special purpose
1588facilities such as magnet schools.
1589     3.  Local governments and school boards shall have the
1590option to utilize tiered level-of-service standards to allow
1591time to achieve an adequate and desirable level of service as
1592circumstances warrant.
1593     (c)  Service areas.--The Legislature recognizes that an
1594essential requirement for a concurrency system is a designation
1595of the area within which the level of service will be measured
1596when an application for a residential development permit is
1597reviewed for school concurrency purposes. This delineation is
1598also important for purposes of determining whether the local
1599government has a financially feasible public school capital
1600facilities program that will provide schools which will achieve
1601and maintain the adopted level-of-service standards.
1602     1.  In order to balance competing interests, preserve the
1603constitutional concept of uniformity, and avoid disruption of
1604existing educational and growth management processes, local
1605governments are encouraged to initially apply school concurrency
1606to development only on a districtwide basis so that a
1607concurrency determination for a specific development will be
1608based upon the availability of school capacity districtwide. To
1609ensure that development is coordinated with schools having
1610available capacity, within 5 years after adoption of school
1611concurrency local governments shall apply school concurrency on
1612a less than districtwide basis, such as using school attendance
1613zones or concurrency service areas, as provided in subparagraph
16142.
1615     2.  For local governments applying school concurrency on a
1616less than districtwide basis, such as utilizing school
1617attendance zones or larger school concurrency service areas,
1618local governments and school boards shall have the burden to
1619demonstrate that the utilization of school capacity is maximized
1620to the greatest extent possible in the comprehensive plan and
1621amendment, taking into account transportation costs and court-
1622approved desegregation plans, as well as other factors. In
1623addition, in order to achieve concurrency within the service
1624area boundaries selected by local governments and school boards,
1625the service area boundaries, together with the standards for
1626establishing those boundaries, shall be identified and, included
1627as supporting data and analysis for, and adopted as part of the
1628comprehensive plan. Any subsequent change to the service area
1629boundaries for purposes of a school concurrency system shall be
1630by plan amendment and shall be exempt from the limitation on the
1631frequency of plan amendments in s. 163.3187(1).
1632     3.  Where school capacity is available on a districtwide
1633basis but school concurrency is applied on a less than
1634districtwide basis in the form of concurrency service areas, if
1635the adopted level-of-service standard cannot be met in a
1636particular service area as applied to an application for a
1637development permit through mitigation or other measures and if
1638the needed capacity for the particular service area is available
1639in one or more contiguous service areas, as adopted by the local
1640government, then the development order  may not shall be denied
1641on the basis of school concurrency, and if issued, development
1642impacts shall be shifted to contiguous service areas with
1643schools having available capacity and mitigation measures shall
1644not be exacted.
1645     (d)  Financial feasibility.--The Legislature recognizes
1646that financial feasibility is an important issue because the
1647premise of concurrency is that the public facilities will be
1648provided in order to achieve and maintain the adopted level-of-
1649service standard. This part and chapter 9J-5, Florida
1650Administrative Code, contain specific standards to determine the
1651financial feasibility of capital programs. These standards were
1652adopted to make concurrency more predictable and local
1653governments more accountable.
1654     1.  A comprehensive plan amendment seeking to impose school
1655concurrency shall contain appropriate amendments to the capital
1656improvements element of the comprehensive plan, consistent with
1657the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
1658Administrative Code. The capital improvements element shall set
1659forth a financially feasible public school capital facilities
1660program, established in conjunction with the school board, that
1661demonstrates that the adopted level-of-service standards will be
1662achieved and maintained.
1663     2.  Such amendments shall demonstrate that the public
1664school capital facilities program meets all of the financial
1665feasibility standards of this part and chapter 9J-5, Florida
1666Administrative Code, that apply to capital programs which
1667provide the basis for mandatory concurrency on other public
1668facilities and services.
1669     3.  When the financial feasibility of a public school
1670capital facilities program is evaluated by the state land
1671planning agency for purposes of a compliance determination, the
1672evaluation shall be based upon the service areas selected by the
1673local governments and school board.
1674     (e)  Availability standard.--Consistent with the public
1675welfare, a local government may not deny an application for site
1676plan or final subdivision approval, or a functional equivalent
1677for a development or phase of a development, permit authorizing
1678residential development for failure to achieve and maintain the
1679level-of-service standard for public school capacity in a local
1680option school concurrency management system where adequate
1681school facilities will be in place or under actual construction
1682within 3 years after the permit issuance by the local government
1683of site plan or final subdivision approval or its functional
1684equivalent. School concurrency shall be satisfied if the
1685developer executes a legally binding commitment to provide
1686mitigation proportionate to the demand for public school
1687facilities to be created by actual development of the property,
1688including, but not limited to, the options described in
1689subparagraph 1. Approval of a funding agreement shall not be
1690unreasonably withheld. Any dispute shall be mediated pursuant to
1691s. 120.573. Options for proportionate-share mitigation of
1692impacts on public school facilities shall be established in the
1693interlocal agreement pursuant to s. 163.31777.
1694     1.  Appropriate mitigation options include the contribution
1695of land; the construction, expansion, or payment for land
1696acquisition or construction of a public school facility; or the
1697creation of mitigation banking based on the construction of a
1698public school facility in exchange for the right to sell
1699capacity credits. Such options must include execution by the
1700applicant and the local government of a binding development
1701agreement that constitutes a legally binding commitment to pay
1702proportionate-share mitigation for the additional residential
1703units approved by the local government in a development order
1704and actually developed on the property, taking into account
1705residential density allowed on the property prior to the plan
1706amendment that increased overall residential density. Mitigation
1707for development impacts to public schools requires the
1708concurrence of the local school board. As a condition of its
1709entry into such a development agreement, the local government
1710may require the landowner to agree to continuing renewal of the
1711agreement upon its expiration.
1712     2.  If the education facilities plan and the public
1713educational facilities element authorize a contribution of land;
1714the construction, expansion, or payment for land acquisition; or
1715the construction or expansion of a public school facility, or a
1716portion of such facility, as proportionate-share mitigation, the
1717local government shall credit such a contribution, construction,
1718expansion, or payment toward any other impact fee or exaction
1719imposed by local ordinance for the same need, on a dollar-for-
1720dollar basis at fair market value.
1721     3.  Any proportionate-share mitigation must be directed by
1722the school board toward a school capacity improvement that is
1723identified in the financially feasible 5-year district work plan
1724and that will be provided in accordance with a legally binding
1725agreement.
1726     (f)  Intergovernmental coordination.--
1727     1.  When establishing concurrency requirements for public
1728schools, a local government shall satisfy the requirements for
1729intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1730and 2., except that a municipality is not required to be a
1731signatory to the interlocal agreement required by ss. s.
1732163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1733imposition of school concurrency, and as a nonsignatory, shall
1734not participate in the adopted local school concurrency system,
1735if the municipality meets all of the following criteria for
1736having no significant impact on school attendance:
1737     a.  The municipality has issued development orders for
1738fewer than 50 residential dwelling units during the preceding 5
1739years, or the municipality has generated fewer than 25
1740additional public school students during the preceding 5 years.
1741     b.  The municipality has not annexed new land during the
1742preceding 5 years in land use categories which permit
1743residential uses that will affect school attendance rates.
1744     c.  The municipality has no public schools located within
1745its boundaries.
1746     d.  At least 80 percent of the developable land within the
1747boundaries of the municipality has been built upon.
1748     2.  A municipality which qualifies as having no significant
1749impact on school attendance pursuant to the criteria of
1750subparagraph 1. must review and determine at the time of its
1751evaluation and appraisal report pursuant to s. 163.3191 whether
1752it continues to meet the criteria pursuant to s. 163.31777(6).
1753If the municipality determines that it no longer meets the
1754criteria, it must adopt appropriate school concurrency goals,
1755objectives, and policies in its plan amendments based on the
1756evaluation and appraisal report, and enter into the existing
1757interlocal agreement required by ss. s. 163.3177(6)(h)2. and
1758163.31777, in order to fully participate in the school
1759concurrency system. If such a municipality fails to do so, it
1760will be subject to the enforcement provisions of s. 163.3191.
1761     (g)  Interlocal agreement for school concurrency.--When
1762establishing concurrency requirements for public schools, a
1763local government must enter into an interlocal agreement which
1764satisfies the requirements in s. 163.3177(6)(h)1. and 2. and the
1765requirements of this subsection. The interlocal agreement shall
1766acknowledge both the school board's constitutional and statutory
1767obligations to provide a uniform system of free public schools
1768on a countywide basis, and the land use authority of local
1769governments, including their authority to approve or deny
1770comprehensive plan amendments and development orders. The
1771interlocal agreement shall be submitted to the state land
1772planning agency by the local government as a part of the
1773compliance review, along with the other necessary amendments to
1774the comprehensive plan required by this part. In addition to the
1775requirements of s. 163.3177(6)(h), the interlocal agreement
1776shall meet the following requirements:
1777     1.  Establish the mechanisms for coordinating the
1778development, adoption, and amendment of each local government's
1779public school facilities element with each other and the plans
1780of the school board to ensure a uniform districtwide school
1781concurrency system.
1782     2.  Establish a process by which each local government and
1783the school board shall agree and base their plans on consistent
1784projections of the amount, type, and distribution of population
1785growth and coordinate and share information relating to existing
1786and planned public school facilities projections and proposals
1787for development and redevelopment, and infrastructure required
1788to support public school facilities.
1789     3.  Establish a process for the development of siting
1790criteria which encourages the location of public schools
1791proximate to urban residential areas to the extent possible and
1792seeks to collocate schools with other public facilities such as
1793parks, libraries, and community centers to the extent possible.
1794     4.  Specify uniform, districtwide level-of-service
1795standards for public schools of the same type and the process
1796for modifying the adopted levels-of-service standards.
1797     5.  Establish a process for the preparation, amendment, and
1798joint approval by each local government and the school board of
1799a public school capital facilities program which is financially
1800feasible, and a process and schedule for incorporation of the
1801public school capital facilities program into the local
1802government comprehensive plans on an annual basis.
1803     6.  Define the geographic application of school
1804concurrency. If school concurrency is to be applied on a less
1805than districtwide basis in the form of concurrency service
1806areas, the agreement shall establish criteria and standards for
1807the establishment and modification of school concurrency service
1808areas. The agreement shall also establish a process and schedule
1809for the mandatory incorporation of the school concurrency
1810service areas and the criteria and standards for establishment
1811of the service areas into the local government comprehensive
1812plans. The agreement shall ensure maximum utilization of school
1813capacity, taking into account transportation costs and court-
1814approved desegregation plans, as well as other factors. The
1815agreement shall also ensure the achievement and maintenance of
1816the adopted level-of-service standards for the geographic area
1817of application throughout the 5 years covered by the public
1818school capital facilities plan and thereafter by adding a new
1819fifth year during the annual update.
1820     7.  Establish a uniform districtwide procedure for
1821implementing school concurrency which provides for:
1822     a.  The evaluation of development applications for
1823compliance with school concurrency requirements;
1824     b.  An opportunity for the school board to review and
1825comment on the effect of comprehensive plan amendments and
1826rezonings on the public school facilities plan; and
1827     c.  The monitoring and evaluation of the school concurrency
1828system.
1829     8.  Include provisions relating to termination, suspension,
1830and amendment of the agreement. The agreement shall provide that
1831if the agreement is terminated or suspended, the application of
1832school concurrency shall be terminated or suspended.
1833     (15)
1834     (c)  Local governments may establish multimodal level-of-
1835service standards that rely primarily on nonvehicular modes of
1836transportation within the district, when justified by an
1837analysis demonstrating that the existing and planned community
1838design will provide an adequate level of mobility within the
1839district based upon professionally accepted multimodal level-of-
1840service methodologies. Within designated urban infill and
1841redevelopment areas, the local government and Department of
1842Transportation shall cooperatively establish a plan for
1843maintaining the adopted level-of-service standards established
1844by the Department of Transportation for Strategic Intermodal
1845System facilities, as defined in s. 339.64. The analysis must
1846take into consideration the impact on the Florida Intrastate
1847Highway System. The analysis must also demonstrate that the
1848capital improvements required to promote community design are
1849financially feasible over the development or redevelopment
1850timeframe for the district and that community design features
1851within the district provide convenient interconnection for a
1852multimodal transportation system. Local governments may issue
1853development permits in reliance upon all planned community
1854design capital improvements that are financially feasible over
1855the development or redevelopment timeframe for the district,
1856without regard to the period of time between development or
1857redevelopment and the scheduled construction of the capital
1858improvements. A determination of financial feasibility shall be
1859based upon currently available funding or funding sources that
1860could reasonably be expected to become available over the
1861planning period.
1862     (16)(a)  It is the intent of the Legislature to provide a
1863method by which the impacts of development on transportation
1864facilities can be mitigated by the cooperative efforts of the
1865public and private sectors.
1866     (b)  When authorized in a local government comprehensive
1867plan, local governments may create mitigation banks for
1868transportation facilities to satisfy the concurrency provisions
1869of this section, using the process and methodology developed in
1870accordance with s. 163.3177(6)(b).
1871     (c)  Mitigation contributions shall be used to satisfy the
1872transportation concurrency requirements of this section and may
1873be applied as a credit against impact fees. Mitigation for
1874development impacts to facilities on the Strategic Intermodal
1875System made pursuant to this subsection requires the concurrence
1876of the Department of Transportation. However, this does not
1877authorize the Department of Transportation to arbitrarily charge
1878a fee or require additional mitigation. Concurrence by the
1879Department of Transportation may not be withheld unduly.
1880     (d)  Transportation facilities concurrency shall be
1881satisfied if the developer executes a legally binding commitment
1882to provide mitigation proportionate to the demand for
1883transportation facilities to be created by actual development of
1884the property, including, but not limited to, the options for
1885mitigation established in the transportation element or traffic
1886circulation element. Approval of a funding agreement shall not
1887be unreasonably withheld. Any dispute shall be mediated pursuant
1888to s. 120.573. Appropriate transportation mitigation
1889contributions may include public or private funds; the
1890contribution of right-of-way; the construction of a
1891transportation facility or payment for the right-of-way or
1892construction of a transportation facility or service; or the
1893provision of transit service. Such options shall include
1894execution of an enforceable development agreement for projects
1895to be funded by a developer.
1896     (17)  A development may satisfy the concurrency
1897requirements of the local comprehensive plan, the local
1898government's land development regulations, and s. 380.06 by
1899entering into a legally binding commitment to provide mitigation
1900proportionate to the direct impact of the development. A local
1901government may not require a development to pay more than its
1902proportionate-share contribution regardless of the method
1903mitigation.
1904     Section 8.  Paragraph (b) of subsection (1), subsection
1905(4), and paragraph (a) of subsection (6) of section 163.3184,
1906Florida Statutes, are amended to read:
1907     163.3184  Process for adoption of comprehensive plan or
1908plan amendment.--
1909     (1)  DEFINITIONS.--As used in this section, the term:
1910     (b)  "In compliance" means consistent with the requirements
1911of s. ss. 163.3177, 163.31776, when a local government adopts an
1912educational facilities element, 163.3178, 163.3180, 163.3191,
1913and 163.3245, with the state comprehensive plan, with the
1914appropriate strategic regional policy plan, and with chapter 9J-
19155, Florida Administrative Code, where such rule is not
1916inconsistent with this part and with the principles for guiding
1917development in designated areas of critical state concern and
1918with part III of chapter 369, where applicable.
1919     (4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
1920specified in paragraph (3)(a) shall provide comments to the
1921state land planning agency within 30 days after receipt by the
1922state land planning agency of the complete proposed plan
1923amendment. If the plan or plan amendment includes or relates to
1924the public school facilities element pursuant to s. 163.3177
1925163.31776, the state land planning agency shall submit a copy to
1926the Office of Educational Facilities of the Commissioner of
1927Education for review and comment. The appropriate regional
1928planning council shall also provide its written comments to the
1929state land planning agency within 30 days after receipt by the
1930state land planning agency of the complete proposed plan
1931amendment and shall specify any objections, recommendations for
1932modifications, and comments of any other regional agencies to
1933which the regional planning council may have referred the
1934proposed plan amendment. Written comments submitted by the
1935public within 30 days after notice of transmittal by the local
1936government of the proposed plan amendment will be considered as
1937if submitted by governmental agencies. All written agency and
1938public comments must be made part of the file maintained under
1939subsection (2).
1940     (6)  STATE LAND PLANNING AGENCY REVIEW.--
1941     (a)  The state land planning agency may shall review a
1942proposed plan amendment upon request of a regional planning
1943council, affected person, or local government transmitting the
1944plan amendment. The request from the regional planning council
1945or affected person must be received within 30 days after
1946transmittal of the proposed plan amendment pursuant to
1947subsection (3). A regional planning council or affected person
1948requesting a review shall do so by submitting a written request
1949to the agency with a notice of the request to the local
1950government and any other person who has requested notice.
1951     Section 9.  Paragraphs (c) and (l) of subsection (1) of
1952section 163.3187, Florida Statutes, are amended, and paragraph
1953(o) is added to said subsection, to read:
1954     163.3187  Amendment of adopted comprehensive plan.--
1955     (1)  Amendments to comprehensive plans adopted pursuant to
1956this part may be made not more than two times during any
1957calendar year, except:
1958     (c)  Any local government comprehensive plan amendments
1959directly related to proposed small scale development activities
1960may be approved without regard to statutory limits on the
1961frequency of consideration of amendments to the local
1962comprehensive plan. A small scale development amendment may be
1963adopted only under the following conditions:
1964     1.  The proposed amendment involves a use of 10 acres or
1965fewer and:
1966     a.  The cumulative annual effect of the acreage for all
1967small scale development amendments adopted by the local
1968government shall not exceed:
1969     (I)  A maximum of 120 acres in a local government that
1970contains areas specifically designated in the local
1971comprehensive plan for urban infill, urban redevelopment, or
1972downtown revitalization as defined in s. 163.3164, urban infill
1973and redevelopment areas designated under s. 163.2517,
1974transportation concurrency exception areas approved pursuant to
1975s. 163.3180(5), or regional activity centers and urban central
1976business districts approved pursuant to s. 380.06(2)(e);
1977however, amendments under this paragraph may be applied to no
1978more than 60 acres annually of property outside the designated
1979areas listed in this sub-sub-subparagraph. Amendments adopted
1980pursuant to paragraph (k) shall not be counted toward the
1981acreage limitations for small scale amendments under this
1982paragraph.
1983     (II)  A maximum of 80 acres in a local government that does
1984not contain any of the designated areas set forth in sub-sub-
1985subparagraph (I).
1986     (III)  A maximum of 120 acres in a county established
1987pursuant to s. 9, Art. VIII of the State Constitution.
1988     b.  The proposed amendment does not involve the same
1989property granted a change within the prior 12 months.
1990     c.  The proposed amendment does not involve the same
1991owner's property within 200 feet of property granted a change
1992within the prior 12 months.
1993     d.  The proposed amendment does not involve a text change
1994to the goals, policies, and objectives of the local government's
1995comprehensive plan, but only proposes a land use change to the
1996future land use map for a site-specific small scale development
1997activity.
1998     e.  The property that is the subject of the proposed
1999amendment is not located within an area of critical state
2000concern, unless the project subject to the proposed amendment
2001involves the construction of affordable housing units meeting
2002the criteria of s. 420.0004(3), and is located within an area of
2003critical state concern designated by s. 380.0552 or by the
2004Administration Commission pursuant to s. 380.05(1). Such
2005amendment is not subject to the density limitations of sub-
2006subparagraph f., and shall be reviewed by the state land
2007planning agency for consistency with the principles for guiding
2008development applicable to the area of critical state concern
2009where the amendment is located and shall not become effective
2010until a final order is issued under s. 380.05(6).
2011     f.  If the proposed amendment involves a residential land
2012use, the residential land use has a density of 10 units or less
2013per acre, except that this limitation does not apply to small
2014scale amendments involving the construction of affordable
2015housing units meeting the criteria of s. 420.0004(3) on property
2016which will be the subject of a land use restriction agreement or
2017extended use agreement recorded in conjunction with the issuance
2018of tax exempt bond financing or an allocation of federal tax
2019credits issued through the Florida Housing Finance Corporation
2020or a local housing finance authority authorized by the Division
2021of Bond Finance of the State Board of Administration, or small
2022scale amendments described in sub-sub-subparagraph a.(I) that
2023are designated in the local comprehensive plan for urban infill,
2024urban redevelopment, or downtown revitalization as defined in s.
2025163.3164, urban infill and redevelopment areas designated under
2026s. 163.2517, transportation concurrency exception areas approved
2027pursuant to s. 163.3180(5), or regional activity centers and
2028urban central business districts approved pursuant to s.
2029380.06(2)(e).
2030     2.a.  A local government that proposes to consider a plan
2031amendment pursuant to this paragraph is not required to comply
2032with the procedures and public notice requirements of s.
2033163.3184(15)(c) for such plan amendments if the local government
2034complies with the provisions in s. 125.66(4)(a) for a county or
2035in s. 166.041(3)(c) for a municipality. If a request for a plan
2036amendment under this paragraph is initiated by other than the
2037local government, public notice is required.
2038     b.  The local government shall send copies of the notice
2039and amendment to the state land planning agency, the regional
2040planning council, and any other person or entity requesting a
2041copy. This information shall also include a statement
2042identifying any property subject to the amendment that is
2043located within a coastal high hazard area as identified in the
2044local comprehensive plan.
2045     3.  Small scale development amendments adopted pursuant to
2046this paragraph require only one public hearing before the
2047governing board, which shall be an adoption hearing as described
2048in s. 163.3184(7), and are not subject to the requirements of s.
2049163.3184(3)-(6) unless the local government elects to have them
2050subject to those requirements.
2051     (l)  A comprehensive plan amendment to adopt a public
2052educational facilities element pursuant to s. 163.3177 163.31776
2053and future land-use-map amendments for school siting may be
2054approved notwithstanding statutory limits on the frequency of
2055adopting plan amendments.
2056     (o)1.  For local governments that are more than 90 percent
2057built-out, which for purposes of this paragraph means 90 percent
2058of a local government's developable land is currently developed,
2059any local government comprehensive plan amendments may be
2060approved without regard to statutory limits on the frequency of
2061consideration of amendments to the local comprehensive plan only
2062if the proposed amendment involves a use of 100 acres or fewer
2063and:
2064     a.  The cumulative annual effect of the acreage for all
2065amendments adopted pursuant to this paragraph does not exceed
2066500 acres.
2067     b.  The proposed amendment does not involve the same
2068property granted a change within the prior 12 months.
2069     c.  The proposed amendment does not involve the same
2070owner's property within 200 feet of property granted a change
2071within the prior 12 months.
2072     d.  The proposed amendment does not involve a text change
2073to the goals, policies, and objectives of the local government's
2074comprehensive plan but only proposes a land use change to the
2075future land use map for a site-specific small scale development
2076activity.
2077     e.  The property that is the subject of the proposed
2078amendment is not located within an area of critical state
2079concern.
2080     2.a.  A local government that proposes to consider a plan
2081amendment pursuant to this paragraph is not required to comply
2082with the procedures and public notice requirements of s.
2083163.3184(15)(c) for such plan amendments if the local government
2084complies with the provisions of s. 125.66(4)(a) for a county or
2085of s. 166.041(3)(c) for a municipality. If a request for a plan
2086amendment under this paragraph is initiated by other than the
2087local government, public notice is required.
2088     b.  The local government shall send copies of the notice
2089and amendment to the state land planning agency, the regional
2090planning council, and any other person or entity requesting a
2091copy. This information shall also include a statement
2092identifying any property subject to the amendment that is
2093located within a coastal high hazard area as identified in the
2094local comprehensive plan.
2095     3.  Amendments adopted pursuant to this paragraph require
2096only one public hearing before the governing board, which shall
2097be an adoption hearing as described in s. 163.3184(7), and are
2098not subject to the requirements of s. 163.3184(3)-(6) unless the
2099local government elects to have them subject to those
2100requirements.
2101     4.  This paragraph shall not apply if a municipality
2102annexes unincorporated property that decreases the percentage of
2103build-out to an amount below 90 percent.
2104     Section 10.  Paragraphs (k) and (l) of subsection (2) and
2105subsection (10) of section 163.3191, Florida Statutes, are
2106amended, and paragraph (o) is added to subsection (2) of said
2107section, to read:
2108     163.3191  Evaluation and appraisal of comprehensive plan.--
2109     (2)  The report shall present an evaluation and assessment
2110of the comprehensive plan and shall contain appropriate
2111statements to update the comprehensive plan, including, but not
2112limited to, words, maps, illustrations, or other media, related
2113to:
2114     (k)  The coordination of the comprehensive plan with
2115existing public schools and those identified in the applicable
2116educational facilities plan adopted pursuant to s. 1013.35. The
2117assessment shall address, where relevant, the success or failure
2118of the coordination of the future land use map and associated
2119planned residential development with public schools and their
2120capacities, as well as the joint decisionmaking processes
2121engaged in by the local government and the school board in
2122regard to establishing appropriate population projections and
2123the planning and siting of public school facilities. For
2124counties or municipalities that do not have a public schools
2125interlocal agreement or public school facility element, the
2126assessment shall determine whether the local government
2127continues to meet the criteria of s. 163.3177(12). If the county
2128or municipality determines that it no longer meets the criteria,
2129the county or municipality must adopt appropriate school
2130concurrency goals, objectives, and policies in its plan
2131amendments pursuant to the requirements of the public school
2132facility element and enter into the existing interlocal
2133agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
2134order to fully participate in the school concurrency system If
2135the issues are not relevant, the local government shall
2136demonstrate that they are not relevant.
2137     (l)  The extent to which the report evaluates whether the
2138local government has been successful in identifying water supply
2139sources, including conservation and reuse, necessary to meet
2140existing and projected water use demand for the comprehensive
2141plan's water supply work plan. The water supply sources
2142evaluated in the report must be consistent with evaluation must
2143consider the appropriate water management district's regional
2144water supply plan approved pursuant to s. 373.0361. The report
2145must evaluate the degree to which the local government has
2146implemented the work plan for water supply facilities included
2147in the potable water element. The potable water element must be
2148revised to include a work plan, covering at least a 10-year
2149planning period, for building any water supply facilities that
2150are identified in the element as necessary to serve existing and
2151new development and for which the local government is
2152responsible.
2153     (o)  The extent to which a concurrency exception area over
215420,000 acres that has been designated pursuant to s.
2155163.3180(5)(a)-(d), s. 163.3180(7), or s. 163.3180(15) or a
2156special act, has achieved the purpose for which it was created
2157and otherwise complies with the provisions of s. 163.3180.
2158     (10)  The governing body shall amend its comprehensive plan
2159based on the recommendations in the report and shall update the
2160comprehensive plan based on the components of subsection (2),
2161pursuant to the provisions of ss. 163.3184, 163.3187, and
2162163.3189. Amendments to update a comprehensive plan based on the
2163evaluation and appraisal report shall be adopted within 18
2164months after the report is determined to be sufficient by the
2165state land planning agency, except the state land planning
2166agency may grant an extension for adoption of a portion of such
2167amendments. The state land planning agency may grant a 6-month
2168extension for the adoption of such amendments if the request is
2169justified by good and sufficient cause as determined by the
2170agency. An additional extension may also be granted if the
2171request will result in greater coordination between
2172transportation and land use, for the purposes of improving
2173Florida's transportation system, as determined by the agency in
2174coordination with the Metropolitan Planning Organization
2175program. Failure to timely adopt updating amendments to the
2176comprehensive plan based on the evaluation and appraisal report
2177shall result in a local government being prohibited from
2178adopting amendments to the comprehensive plan until the
2179evaluation and appraisal report updating amendments have been
2180adopted and transmitted to the state land planning agency. The
2181prohibition on plan amendments shall commence when the updating
2182amendments to the comprehensive plan are past due. The
2183comprehensive plan as amended shall be in compliance as defined
2184in s. 163.3184(1)(b). Within 6 months after the effective date
2185of the updating amendments to the comprehensive plan, the local
2186government shall provide to the state land planning agency and
2187to all agencies designated by rule a complete copy of the
2188updated comprehensive plan.
2189     Section 11.  Section 163.3247, Florida Statutes, is created
2190to read:
2191     163.3247  Century Commission for a Sustainable Florida.--
2192     (1)  POPULAR NAME.--This section may be cited as the
2193"Century Commission for a Sustainable Florida Act."
2194     (2)  FINDINGS AND INTENT.--The Legislature finds and
2195declares that the population of this state is expected to more
2196than double over the next 100 years, with commensurate impacts
2197to the state's natural resources and public infrastructure.
2198Consequently, it is in the best interests of the people of the
2199state to ensure sound planning for the proper placement of this
2200growth and protection of the state's land, water, and other
2201natural resources since such resources are essential to our
2202collective quality of life and a strong economy. The state's
2203growth management system should foster economic stability
2204through regional solutions and strategies, urban renewal and
2205infill, and the continued viability of agricultural economies,
2206while allowing for rural economic development and protecting the
2207unique characteristics of rural areas, and should reduce the
2208complexity of the regulatory process while carrying out the
2209intent of the laws and encouraging greater citizen
2210participation.
2211     (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
2212CREATION; ORGANIZATION.--The Century Commission for a
2213Sustainable Florida is created as a standing body to help the
2214citizens of this state envision and plan their collective future
2215with an eye towards both 20-year and 50-year horizons.
2216     (a)  The commission shall consist of nine members, three
2217appointed by the Governor, three appointed by the President of
2218the Senate, and three appointed by the Speaker of the House of
2219Representatives. Appointments shall be made no later than
2220October 1, 2005. One member shall be designated by the Governor
2221as chair of the commission. Any vacancy that occurs on the
2222commission must be filled in the same manner as the original
2223appointment and shall be for the unexpired term of that
2224commission seat. Members shall serve 4-year terms, except that,
2225initially, to provide for staggered terms, three of the
2226appointees, one each by the Governor, the President of the
2227Senate, and the Speaker of the House of Representatives, shall
2228serve 2-year terms, three shall serve 3-year terms, and three
2229shall serve 4-year terms. All subsequent appointments shall be
2230for 4-year terms. An appointee may not serve more than 6 years.
2231     (b)  The first meeting of the commission shall be held no
2232later than December 1, 2005, and shall meet at the call of the
2233chair but not less frequently than three times per year in
2234different regions of the state to solicit input from the public
2235or any other individuals offering testimony relevant to the
2236issues to be considered.
2237     (c)  Each member of the commission is entitled to one vote
2238and actions of the commission are not binding unless taken by a
2239three-fifths vote of the members present. A majority of the
2240members is required to constitute a quorum, and the affirmative
2241vote of a quorum is required for a binding vote.
2242     (d)  Members of the commission shall serve without
2243compensation but shall be entitled to receive per diem and
2244travel expenses in accordance with s. 112.061 while in
2245performance of their duties.
2246     (4)  POWERS AND DUTIES.--The commission shall:
2247     (a)  Annually conduct a process through which the
2248commission envisions the future for the state and then develops
2249and recommends policies, plans, action steps, or strategies to
2250assist in achieving the vision.
2251     (b)  Continuously review and consider statutory and
2252regulatory provisions, governmental processes, and societal and
2253economic trends in its inquiry of how state, regional, and local
2254governments and entities and citizens of this state can best
2255accommodate projected increased populations while maintaining
2256the natural, historical, cultural, and manmade life qualities
2257that best represent the state.
2258     (c)  Bring together people representing varied interests to
2259develop a shared image of the state and its developed and
2260natural areas. The process should involve exploring the impact
2261of the estimated population increase and other emerging trends
2262and issues; creating a vision for the future; and developing a
2263strategic action plan to achieve that vision using 20-year and
226450-year intermediate planning timeframes.
2265     (d)  Focus on essential state interests, defined as those
2266interests that transcend local or regional boundaries and are
2267most appropriately conserved, protected, and promoted at the
2268state level.
2269     (e)  Serve as an objective, nonpartisan repository of
2270exemplary community-building ideas and as a source to recommend
2271strategies and practices to assist others in working
2272collaboratively to problem solve on issues relating to growth
2273management.
2274     (f)  Annually, beginning January 16, 2007, and every year
2275thereafter on the same date, provide to the Governor, the
2276President of the Senate, and the Speaker of the House of
2277Representatives a written report containing specific
2278recommendations for addressing growth management in the state,
2279including executive and legislative recommendations. Further,
2280the report shall contain discussions regarding the need for
2281intergovernmental cooperation and the balancing of environmental
2282protection and future development and recommendations on issues,
2283including, but not limited to, recommendations regarding
2284dedicated sources of funding for sewer facilities, water supply
2285and quality, transportation facilities that are not adequately
2286addressed by the Strategic Intermodal System, and educational
2287infrastructure to support existing development and projected
2288population growth. This report shall be verbally presented to a
2289joint session of both houses annually as scheduled by the
2290President of the Senate and the Speaker of the House of
2291Representatives.
2292     (g)  Beginning with the 2007 Regular Session of the
2293Legislature, the President of the Senate and Speaker of the
2294House of Representatives shall create a joint select committee,
2295the task of which shall be to review the findings and
2296recommendations of the Century Commission for a Sustainable
2297Florida for potential action.
2298     (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
2299     (a)  The Secretary of Community Assistance shall select an
2300executive director of the commission, and the executive director
2301shall serve at the pleasure of the secretary under the
2302supervision and control of the commission.
2303     (b)  The Department of Community Assistance shall provide
2304staff and other resources necessary to accomplish the goals of
2305the commission based upon recommendations of the Governor.
2306     (c)  All agencies under the control of the Governor are
2307directed, and all other agencies are requested, to render
2308assistance to, and cooperate with, the commission.
2309     Section 12.  Paragraph (b) of subsection (4) of section
2310339.135, Florida Statutes, is amended to read:
2311     339.135  Work program; legislative budget request;
2312definitions; preparation, adoption, execution, and amendment.--
2313     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
2314     (b)1.  A tentative work program, including the ensuing
2315fiscal year and the successive 4 fiscal years, shall be prepared
2316for the State Transportation Trust Fund and other funds managed
2317by the department, unless otherwise provided by law. The
2318tentative work program shall be based on the district work
2319programs and shall set forth all projects by phase to be
2320undertaken during the ensuing fiscal year and planned for the
2321successive 4 fiscal years. The total amount of the liabilities
2322accruing in each fiscal year of the tentative work program may
2323not exceed the revenues available for expenditure during the
2324respective fiscal year based on the cash forecast for that
2325respective fiscal year.
2326     2.  The tentative work program shall be developed in
2327accordance with the Florida Transportation Plan required in s.
2328339.155 and must comply with the program funding levels
2329contained in the program and resource plan.
2330     3.  The department may include in the tentative work
2331program proposed changes to the programs contained in the
2332previous work program adopted pursuant to subsection (5);
2333however, the department shall minimize changes and adjustments
2334that affect the scheduling of project phases in the 4 common
2335fiscal years contained in the previous adopted work program and
2336the tentative work program. The department, in the development
2337of the tentative work program, shall advance by 1 fiscal year
2338all projects included in the second year of the previous year's
2339adopted work program, unless the secretary specifically
2340determines that it is necessary, for specific reasons, to
2341reschedule or delete one or more projects from that year. Such
2342changes and adjustments shall be clearly identified, and the
2343effect on the 4 common fiscal years contained in the previous
2344adopted work program and the tentative work program shall be
2345shown. It is the intent of the Legislature that the first 5
2346years of the adopted work program for facilities designated as
2347part of the Florida Intrastate Highway System and the first 3
2348years of the adopted work program stand as the commitment of the
2349state to undertake transportation projects that local
2350governments may rely on for planning and concurrency purposes
2351and in the development and amendment of the capital improvements
2352elements of their local government comprehensive plans.
2353     4.  The tentative work program must include a balanced 36-
2354month forecast of cash and expenditures and a 5-year finance
2355plan supporting the tentative work program.
2356     Section 13.  Section 339.28171, Florida Statutes, is
2357created to read:
2358     339.28171  Local Government Concurrency Program for
2359Sustainable Transportation.--
2360     (1)  There is created within the Department of
2361Transportation a Local Government Concurrency Program for
2362Sustainable Transportation for the purpose of providing grants
2363to local governments, to improve a transportation facility or
2364system which addresses identified concurrency management system
2365backlog and relieves traffic congestion in urban infill and
2366redevelopment areas.
2367     (2)  To be eligible for consideration, projects must be
2368consistent, to the maximum extent feasible, with local
2369government comprehensive plans and the Strategic Intermodal
2370System.
2371     (3)  The department shall develop criteria to fund local
2372government projects addressing any concurrency management system
2373backlog. The funds shall be distributed by the department to
2374each district, exclusive of the Turnpike District, consistent
2375with the statutory formula pursuant to s. 339.135(4). The
2376district secretary shall use the following criteria to evaluate
2377the project applications:
2378     (a)  The level of local government funding efforts.
2379     (b)  The level of local funding provided for the proposed
2380project.
2381     (c)  The ability of local government to rapidly address
2382project construction.
2383     (d)  The level of municipal and county cooperation on the
2384proposed project.
2385     (e)  The project location within an urban infill area, a
2386community redevelopment area or a concurrency management area.
2387     (f)  The extent to which the project would foster public-
2388private partnerships and investment.
2389     (g)  The extent to which the project provides or protects
2390environmentally sensitive areas.
2391     (h)  The extent to which new technologies are used to
2392support urban mobility, a mass transit system, bicycle
2393facilities, or pedestrian pathways.
2394     (4)  As part of the project application, the local
2395government shall demonstrate a long-term transportation
2396concurrency system to address the existing capital improvement
2397program backlog and how this project implements that plan.
2398     (5)  The percentage of matching funds available to
2399applicants shall be based on the following:
2400     (a)  For projects that provide capacity on the Strategic
2401Intermodal System shall be 35 percent.
2402     (b)  For projects that provide capacity on the Florida
2403Intrastate Highway System, the percentage shall be 45 percent.
2404     (c)  For local projects that demonstrate capacity
2405improvements in the urban service boundary, or urban infill or
2406redevelopment are, or provide such capacity replacement to the
2407Florida Intrastate Highway System, the percentage shall be 65
2408percent.
2409     (6)  The department may adopt rules to administer the
2410program.
2411     Section 14.  Section 339.2820, Florida Statutes, is created
2412to read:
2413     339.2820  Off-System Bridge Program for Sustainable
2414Transportation.--
2415     (1)  There is created within the Department of
2416Transportation an Off-System Bridge Program for Sustainable
2417Transportation for the purpose of providing funds to improve the
2418sufficiency rating of local bridges.
2419     (2)  The percentage of matching funds provided from the
2420Off-System Bridge Program for Sustainable Transportation may
2421fund up to 50 percent of project costs.
2422     (3)  The department shall allocate funding available for
2423the Off-System Bridge Program for Sustainable Transportation for
2424projects to replace, rehabilitate, paint, or install scour
2425countermeasures to highway bridges located on public roads,
2426other than those on a federal-aid highway.
2427     (4)  Projects to be funded from the Off-System Bridge
2428Program for Sustainable Transportation shall, at a minimum:
2429     (a)  Be classified as a structurally deficient bridge with
2430a poor condition rating for either the deck, superstructure, or
2431substructure component, or culvert.
2432     (b)  Have a sufficiency rating of 35 or below.
2433     (c)  Have average daily traffic of at least 500 vehicles.
2434
2435Special consideration shall be given to bridges that are closed
2436to all traffic or that have a load restriction of less than 10
2437tons.
2438     Section 15.  Paragraphs (l) and (m) are added to subsection
2439(24) of section 380.06, Florida Statutes, to read:
2440     380.06  Developments of regional impact.--
2441     (24)  STATUTORY EXEMPTIONS.--
2442     (l)  Any proposed development or redevelopment within an
2443area designated in the comprehensive plan for:
2444     1.  Urban infill development;
2445     2.  Urban redevelopment;
2446     3.  Downtown revitalization; or
2447     4.  Urban infill and redevelopment under s. 163.2517,
2448
2449is exempt from the provisions of this section.
2450     (m)  Any proposed development within a rural land
2451stewardship area created pursuant to s. 163.3177(11)(d) is
2452exempt from the provisions of this section.
2453     Section 16.  Section 380.115, Florida Statutes, is amended
2454to read:
2455     380.115  Vested rights and duties; effect of size
2456reduction; changes in guidelines and standards chs. 2002-20 and
24572002-296.--
2458     (1)  A change in a development of regional impact guideline
2459or standard does not abridge or modify Nothing contained in this
2460act abridges or modifies any vested or other right or any duty
2461or obligation pursuant to any development order or agreement
2462that is applicable to a development of regional impact on the
2463effective date of this act. A development that has received a
2464development-of-regional-impact development order pursuant to s.
2465380.06, but would is no longer be required to undergo
2466development-of-regional-impact review by operation of a change
2467in the guidelines and standards or has reduced its size below
2468the thresholds in s. 380.0651 this act, shall be governed by the
2469following procedures:
2470     (a)  The development shall continue to be governed by the
2471development-of-regional-impact development order and may be
2472completed in reliance upon and pursuant to the development order
2473unless the developer or landowner has followed the procedures
2474for rescission in paragraph (b). The development-of-regional-
2475impact development order may be enforced by the local government
2476as provided by ss. 380.06(17) and 380.11.
2477     (b)  If requested by the developer or landowner, the
2478development-of-regional-impact development order shall may be
2479rescinded by the local government with jurisdiction upon a
2480showing by clear and convincing evidence that all required
2481mitigation relating to the amount of development existing on the
2482date of rescission has been completed abandoned pursuant to the
2483process in s. 380.06(26).
2484     (2)  A development with an application for development
2485approval pending, and determined sufficient pursuant to s.
2486380.06(10), on the effective date of a change to the guidelines
2487and standards this act, or a notification of proposed change
2488pending on the effective date of a change to the guidelines and
2489standards this act, may elect to continue such review pursuant
2490to s. 380.06. At the conclusion of the pending review, including
2491any appeals pursuant to s. 380.07, the resulting development
2492order shall be governed by the provisions of subsection (1).
2493     Section 17.  The Office of Program Policy Analysis and
2494Government Accountability shall conduct a study on adjustments
2495to the boundaries of regional planning councils, water
2496management districts, and transportation districts. The purpose
2497of the study is to organize these regional boundaries, without
2498eliminating any regional agency, to be more coterminous with one
2499another, creating a more unified system of regional boundaries.
2500The study must be completed by December 31, 2005, and a study
2501report submitted to the President of the Senate, the Speaker of
2502the House of Representatives, and the Governor and the Century
2503Commission for a Sustainable Florida by January 15, 2006.
2504     Section 18.  Subsections (2), (3), (6), and (12) of section
25051013.33, Florida Statutes, are amended to read:
2506     1013.33  Coordination of planning with local governing
2507bodies.--
2508     (2)(a)  The school board, county, and nonexempt
2509municipalities located within the geographic area of a school
2510district shall enter into an interlocal agreement that jointly
2511establishes the specific ways in which the plans and processes
2512of the district school board and the local governments are to be
2513coordinated. Any updated The interlocal agreements and
2514amendments to such agreements shall be submitted to the state
2515land planning agency and the Office of Educational Facilities
2516and the SMART Schools Clearinghouse in accordance with a
2517schedule published by the state land planning agency pursuant to
2518s. 163.3177(12)(h).
2519     (b)  The schedule must establish staggered due dates for
2520submission of interlocal agreements that are executed by both
2521the local government and district school board, commencing on
2522March 1, 2003, and concluding by December 1, 2004, and must set
2523the same date for all governmental entities within a school
2524district. However, if the county where the school district is
2525located contains more than 20 municipalities, the state land
2526planning agency may establish staggered due dates for the
2527submission of interlocal agreements by these municipalities. The
2528schedule must begin with those areas where both the number of
2529districtwide capital-outlay full-time-equivalent students equals
253080 percent or more of the current year's school capacity and the
2531projected 5-year student growth rate is 1,000 or greater, or
2532where the projected 5-year student growth rate is 10 percent or
2533greater.
2534     (b)(c)  If the student population has declined over the 5-
2535year period preceding the due date for submittal of an
2536interlocal agreement by the local government and the district
2537school board, the local government and district school board may
2538petition the state land planning agency for a waiver of one or
2539more of the requirements of subsection (3). The waiver must be
2540granted if the procedures called for in subsection (3) are
2541unnecessary because of the school district's declining school
2542age population, considering the district's 5-year work program
2543prepared pursuant to s. 1013.35. The state land planning agency
2544may modify or revoke the waiver upon a finding that the
2545conditions upon which the waiver was granted no longer exist.
2546The district school board and local governments must submit an
2547interlocal agreement within 1 year after notification by the
2548state land planning agency that the conditions for a waiver no
2549longer exist.
2550     (c)(d)  Interlocal agreements between local governments and
2551district school boards adopted pursuant to s. 163.3177 before
2552the effective date of subsections (2)-(9) must be updated and
2553executed pursuant to the requirements of subsections (2)-(9), if
2554necessary. Amendments to interlocal agreements adopted pursuant
2555to subsections (2)-(9) must be submitted to the state land
2556planning agency within 30 days after execution by the parties
2557for review consistent with subsections (3) and (4). Local
2558governments and the district school board in each school
2559district are encouraged to adopt a single updated interlocal
2560agreement in which all join as parties. The state land planning
2561agency shall assemble and make available model interlocal
2562agreements meeting the requirements of subsections (2)-(9) and
2563shall notify local governments and, jointly with the Department
2564of Education, the district school boards of the requirements of
2565subsections (2)-(9), the dates for compliance, and the sanctions
2566for noncompliance. The state land planning agency shall be
2567available to informally review proposed interlocal agreements.
2568If the state land planning agency has not received a proposed
2569interlocal agreement for informal review, the state land
2570planning agency shall, at least 60 days before the deadline for
2571submission of the executed agreement, renotify the local
2572government and the district school board of the upcoming
2573deadline and the potential for sanctions.
2574     (3)  At a minimum, The interlocal agreement must address
2575the following issues required in s. 163.31777.:
2576     (a)  A process by which each local government and the
2577district school board agree and base their plans on consistent
2578projections of the amount, type, and distribution of population
2579growth and student enrollment. The geographic distribution of
2580jurisdiction-wide growth forecasts is a major objective of the
2581process.
2582     (b)  A process to coordinate and share information relating
2583to existing and planned public school facilities, including
2584school renovations and closures, and local government plans for
2585development and redevelopment.
2586     (c)  Participation by affected local governments with the
2587district school board in the process of evaluating potential
2588school closures, significant renovations to existing schools,
2589and new school site selection before land acquisition. Local
2590governments shall advise the district school board as to the
2591consistency of the proposed closure, renovation, or new site
2592with the local comprehensive plan, including appropriate
2593circumstances and criteria under which a district school board
2594may request an amendment to the comprehensive plan for school
2595siting.
2596     (d)  A process for determining the need for and timing of
2597onsite and offsite improvements to support new construction,
2598proposed expansion, or redevelopment of existing schools. The
2599process shall address identification of the party or parties
2600responsible for the improvements.
2601     (e)  A process for the school board to inform the local
2602government regarding school capacity. The capacity reporting
2603must be consistent with laws and rules regarding measurement of
2604school facility capacity and must also identify how the district
2605school board will meet the public school demand based on the
2606facilities work program adopted pursuant to s. 1013.35.
2607     (f)  Participation of the local governments in the
2608preparation of the annual update to the school board's 5-year
2609district facilities work program and educational plant survey
2610prepared pursuant to s. 1013.35.
2611     (g)  A process for determining where and how joint use of
2612either school board or local government facilities can be shared
2613for mutual benefit and efficiency.
2614     (h)  A procedure for the resolution of disputes between the
2615district school board and local governments, which may include
2616the dispute resolution processes contained in chapters 164 and
2617186.
2618     (i)  An oversight process, including an opportunity for
2619public participation, for the implementation of the interlocal
2620agreement.
2621
2622A signatory to the interlocal agreement may elect not to include
2623a provision meeting the requirements of paragraph (e); however,
2624such a decision may be made only after a public hearing on such
2625election, which may include the public hearing in which a
2626district school board or a local government adopts the
2627interlocal agreement. An interlocal agreement entered into
2628pursuant to this section must be consistent with the adopted
2629comprehensive plan and land development regulations of any local
2630government that is a signatory.
2631     (6)  Any local government transmitting a public school
2632element to implement school concurrency pursuant to the
2633requirements of s. 163.3180 before July 1, 2005, the effective
2634date of this section is not required to amend the element or any
2635interlocal agreement to conform with the provisions of
2636subsections (2)-(8) if the element is adopted prior to or within
26371 year after the effective date of subsections (2)-(8) and
2638remains in effect.
2639     (12)  As early in the design phase as feasible and
2640consistent with an interlocal agreement entered pursuant to
2641subsections (2)-(8), but no later than 120 90 days before
2642commencing construction, the district school board shall in
2643writing request a determination of consistency with the local
2644government's comprehensive plan. The local governing body that
2645regulates the use of land shall determine, in writing within 45
2646days after receiving the necessary information and a school
2647board's request for a determination, whether a proposed
2648educational facility is consistent with the local comprehensive
2649plan and consistent with local land development regulations. If
2650the determination is affirmative, school construction may
2651commence and further local government approvals are not
2652required, except as provided in this section. Failure of the
2653local governing body to make a determination in writing within
265490 days after a district school board's request for a
2655determination of consistency shall be considered an approval of
2656the district school board's application. Campus master plans and
2657development agreements must comply with the provisions of ss.
26581013.30 and 1013.63.
2659     Section 19.  Section 1013.352, Florida Statutes, is created
2660to read:
2661     1013.352  Charter School Incentive Program for Sustainable
2662Schools.--
2663     (1)  There is hereby created the "Charter School Incentive
2664Program for Sustainable Schools." Recognizing that there is an
2665increasing deficit in educational facilities in this state, the
2666Legislature believes that there is a need for creativeness in
2667planning and development of additional educational facilities.
2668To assist with the development of educational facilities, those
2669charter schools whose charters are approved within 18 months
2670after the effective date of this act shall be eligible for state
2671funds under the following conditions:
2672     (a)  The charter school is created to address school over-
2673capacity issues or growth demands within the county.
2674     (b)  A joint letter from the district school board and the
2675charter school has been submitted with the proposed charter
2676school charter that provides that the school board authorized
2677the charter school as a result of school overcrowding or growth
2678demands within the county and the school board requests that the
2679requirement of s. 1013.62(1)(a)1. are waived.
2680     (c)  The charter school has received an in-kind
2681contribution or equivalent from an outside source other than the
2682district school board that has been, at a minimum, equally
2683matched by the district school board.
2684
2685Notwithstanding s. 1013.62(7), if the above conditions apply,
2686the Commissioner of Education, in consultation with the
2687Department of Community Assistance shall distribute up to $3
2688million per charter school based upon the amount of the in-kind
2689contribution or equivalent from an outside source that has been
2690matched by the district school board, or contribution or
2691equivalent by the district school board, whichever amount is
2692greater, up to $3 million. Under no conditions may the
2693Commissioner of Education distribute funds to a newly chartered
2694charter school that has not received an in-kind contribution or
2695equivalent from an outside source other than the district school
2696board and which has not been, at a minimum, equally matched by
2697the district school board.
2698     (2)  A newly created charter school that receives
2699distribution of funds under this program shall not be eligible
2700for charter schools outlay funding under s. 1013.62.
2701     Section 20.  Section 163.31776, Florida Statutes, is
2702repealed.
2703     Section 21.  Effective July 1, 2005, the sum of $500
2704million is appropriated from the General Revenue Fund to the
2705Department of Transportation to be used as follows:
2706     (1)  The sum of $450 million shall be used for the Local
2707Government Concurrency Program for Sustainable Transportation
2708created pursuant to s. 339.28171, Florida Statutes.
2709     (2)  The sum of $50 million shall be used for the Off-
2710System Bridge Program for Sustainable Transportation created
2711pursuant to s. 339.2820, Florida Statutes.
2712     Section 22.  Funding for Sustainable Water Supplies.--
2713     (1)  Effective July 1, 2005, the sum of $100 million is
2714appropriated to the Department of Environmental Protection to
2715provide funding for the development of alternative water
2716supplies. The department shall deposit such revenues into the
2717alternative water supply trust fund accounts created by each
2718district for the purpose of alternative supply development under
2719the following funding formula:
2720     (a)  Forty percent to the South Florida Water Management
2721District.
2722     (b)  Twenty-five percent to the Southwest Florida Water
2723Management District.
2724     (c)  Twenty-five percent to the St. Johns River Water
2725Management District.
2726     (d)  Five percent to the Suwannee River Water Management
2727District.
2728     (e)  Five percent to the Northwest Florida Water Management
2729District.
2730     (2)  The financial assistance for alternative water supply
2731development contained in each district's economic incentives
2732plan as required in s. 373.196(3), Florida Statutes, shall be
2733deposited along with the state funds into an alternative water
2734supply trust account created by each district and used to fund
2735the local capital costs of alternative water supply projects
2736approved pursuant to this section. For purposes of this section,
2737the term "alternative water supplies" means saltwater; brackish,
2738surface, and ground water; surface water captured predominantly
2739during wet weather flows; sources made available through
2740addition of new storage capacity for surface or ground water;
2741water that has been reclaimed after one or more public supply,
2742municipal, industrial, commercial, or agricultural uses; the
2743downstream augmentation of water bodies with reclaimed water;
2744stormwater; and any other water supply source that is designated
2745as nontraditional for a water supply planning region in the
2746applicable regional water supply plan. The term "capital costs"
2747means planning, design, engineering, and project construction
2748costs. Any use of bond proceeds to pay such costs that would
2749cause all or any portion of the interest of such bonds to lose
2750the exclusion from gross income for federal income tax purpose
2751is prohibited.
2752     (3)  All funds provided by the state for the purpose of
2753funding alternative water supply grants, shall, at a minimum,
2754require a 50-percent match by the water management districts and
2755grant applicant.
2756     Section 23.  Funding for Sustainable Schools.--In order to
2757provide for innovative approaches to meet school capacity
2758demands, effective July 1, 2005, the sum of $50 million is
2759appropriated from the General Revenue Fund to the Department of
2760Education to be used as follows:
2761     (1)  The sum of $35 million shall be used for the Charter
2762School Incentive Program for Sustainable Schools created
2763pursuant to section 1013.352, Florida Statutes.
2764     (2)  The sum of $15 million shall be used for educational
2765facilities benefit districts as provided in s. 1013.356(3),
2766Florida Statutes, as follows: for construction and capital
2767maintenance costs not covered by the funds provided under s.
27681013.356(1), Florida Statutes, in fiscal year 2005-2006, an
2769amount contributed by the state equal to 25 percent of the
2770remaining costs of construction and capital maintenance of the
2771educational facilities, up to $2 million. Any construction costs
2772above the cost-per-student criteria established for the SIT
2773Program in s. 1013.72(2), Florida Statutes, shall be funded
2774exclusively by the educational facilities benefit district or
2775the community development district. Funds contributed by a
2776district school board shall not be used to fund operational
2777costs. Funds not committed by March 31, 2006, revert to the
2778Charter School Incentive Program for Sustainable Schools created
2779pursuant to s. 1013.352, Florida Statutes.
2780     Section 24.  Statewide Technical Assistance for a
2781Sustainable Florida.--In order to assist local governments and
2782school boards to implement the provisions of this act, effective
2783July 1, 2005, the sum of $3 million is appropriated from the
2784General Revenue Fund to the Department of Community Assistance.
2785The department shall provide a report to the Governor, the
2786President of the Senate, and the Speaker of the House of
2787Representatives by February 1, 2006, on the progress made toward
2788implementing this act and a recommendation of whether additional
2789funds should be appropriated to provide additional technical
2790assistance to implement this act.
2791     Section 25.  Effective July 1, 2005, the sum of $250,000 is
2792appropriated from the General Revenue Fund to the Department of
2793Community Assistance to provide the necessary staff and other
2794assistance to the Century Commission for a Sustainable Florida
2795required by section 11.
2796     Section 26.  The Division of Statutory Revision of the
2797Office of Legislative Services shall prepare proposed
2798legislation for introduction in the 2006 Regular Session to
2799amend provisions of the Florida Statutes to change references to
2800the Department of Community Affairs to the Department of
2801Community Assistance in conformance with the provisions of this
2802act.
2803     Section 27.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.
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