November 26, 2020
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_h1865e1
HB 1865

1
A bill to be entitled
2An act relating to growth management incentives; providing
3a popular name; amending s. 163.3164, F.S.; revising a
4definition to conform; defining the term "financial
5feasibility"; creating s. 163.3172, F.S.; providing
6legislative determinations; limiting the effect of certain
7charter county charter provisions, ordinances, or land
8development regulations relating to urban infill and
9redevelopment under certain circumstances; requiring a
10referendum; providing referendum requirements; amending s.
11163.3177, F.S.; revising criteria for the capital
12improvements element of comprehensive plans; providing for
13subjecting certain local governments to sanctions by the
14Administration Commission under certain circumstances;
15deleting obsolete provisions; requiring local governments
16to adopt a transportation concurrency management system by
17ordinance; requiring inclusion of alternative water supply
18projects; providing a methodology requirement; requiring
19the Department of Transportation to develop a model
20transportation concurrency management ordinance;
21specifying ordinance assessment authority; providing
22additional requirements for a general water element of
23comprehensive plans; revising public educational
24facilities element requirements; revising requirements for
25rural land stewardship areas; exempting rural land
26stewardship areas from developments of regional impact
27provisions; requiring counties and municipalities to adopt
28consistent public school facilities and enter into certain
29interlocal agreements; authorizing the state land planning
30agency to grant waivers under certain circumstances;
31providing additional requirements for public school
32facilities elements of comprehensive plans; requiring the
33state land planning agency to adopt phased schedules for
34adopting a public school facilities element; providing
35requirements; providing requirements; providing conditions
36for prohibiting local governments from certain adopting
37amendments to the comprehensive plan; authorizing the
38state land planning agency to issue schools certain show
39cause notices for certain purposes; providing for imposing
40sanctions on a school board under certain circumstances;
41providing requirements; encouraging local governments to
42develop a community vision for certain purposes; providing
43for assistance by regional planning councils; providing
44for local government designation of urban service
45boundaries; providing requirements; amending s. 163.31777,
46F.S.; applying public schools interlocal agreement
47provisions to school boards and nonexempt municipalities;
48deleting a scheduling requirement for public schools
49interlocal agreements; providing additional requirements
50for updates and amendments to such interlocal agreements;
51revising procedures for public school elements
52implementing school concurrency; revising exemption
53criteria for certain municipalities; amending s. 163.3180,
54F.S.; including schools and water supplies under
55concurrency provisions; revising a transportation
56facilities scheduling requirement; requiring local
57governments and the Department of Transportation to
58cooperatively establish a plan for maintaining certain
59level-of-service standards for certain facilities within
60certain areas; requiring local governments to consult with
61the department to make certain impact assessments relating
62to concurrency management areas and multimodal
63transportation districts; revising criteria for local
64government authorization to grant exceptions from
65concurrency requirements for transportation facilities;
66providing for waiving certain transportation facilities
67concurrency requirements for certain projects under
68certain circumstances; providing criteria and
69requirements; revising provisions authorizing local
70governments to adopt long-term transportation management
71systems to include long-term school concurrency management
72systems; revising requirements; requiring periodic
73evaluation of long-term concurrency systems; providing
74criteria; revising requirements for roadway facilities on
75the Strategic Intermodal System; providing additional
76level-of-service standards requirements; revising
77requirements for developing school concurrency; requiring
78adoption of a public school facilities element for
79effectiveness of a school concurrency requirement;
80providing an exception; revising service area requirements
81for concurrency systems; requiring local governments to
82apply school concurrency on a less than districtwide basis
83under certain circumstances for certain purposes; revising
84provisions prohibiting a local government from denying a
85development order or a functional equivalent authorizing
86residential developments under certain circumstances;
87specifying conditions for satisfaction of school
88concurrency requirements by a developer; providing for
89mediation of disputes; specifying options for
90proportionate-share mitigation of impacts on public school
91facilities; providing criteria and requirements; providing
92legislative intent relating to mitigation of impacts of
93development on transportation facilities; authorizing
94local governments to create mitigation banks for
95transportation facilities for certain purposes; providing
96requirements; specifying conditions for satisfaction of
97transportation facilities concurrency by a developer;
98providing for mitigation; providing for mediation of
99disputes; providing criteria for transportation mitigation
100contributions; providing for enforceable development
101agreements for certain projects; specifying conditions for
102satisfaction of concurrency requirements of a local
103comprehensive plan by a development; amending s. 163.3184,
104F.S.; correcting cross references; authorizing instead of
105requiring the state land planning agency to review plan
106amendments; amending s. 163.3187, F.S.; providing
107additional criteria for small scale amendments to adopted
108comprehensive plans; providing an additional exception to
109a limitation on amending an adopted comprehensive plan by
110certain municipalities; providing procedures and
111requirements; providing for notice and public hearings;
112correcting a cross reference; providing for
113nonapplication; amending s. 163.3191, F.S.; revising
114requirements for evaluation and assessment of the
115coordination of a comprehensive plan with certain schools;
116providing additional assessment criteria for certain
117counties and municipalities; requiring certain counties
118and municipalities to adopt appropriate concurrency goals,
119objectives, and policies in plan amendments under certain
120circumstances; revising reporting requirements for
121evaluation and assessment of water supply sources;
122providing for a prohibition on plan amendments for failure
123to timely adopt updating comprehensive plan amendments;
124creating s. 163.3247, F.S.; providing a popular name;
125providing legislative findings and intent; creating the
126Century Commission for a Sustainable Florida for certain
127purposes; providing for appointment of commission members;
128providing for terms; providing for meetings and votes of
129members; requiring members to serve without compensation;
130providing for per diem and travel expenses; providing
131powers and duties of the commission; requiring the
132creation of a joint select committee of the Legislature;
133providing purposes; requiring the Secretary of Community
134Affairs to select an executive director of the commission;
135requiring the Department of Community Affairs to provide
136staff for the commission; providing for other agency staff
137support for the commission; amending s. 201.15, F.S.;
138providing for an alternative distribution to the State
139Transportation Trust Fund of certain revenues from the
140excise tax on documents remaining after certain prior
141distributions; amending s. 215.211, F.S.; providing for
142deposit of certain service charge revenues into the State
143Transportation Trust Fund to be used for certain purposes;
144amending ss. 337.107 and 337.11, F.S.; revising
145authorization for the Department of Transportation to
146contract for right-of-way services; providing additional
147requirements; amending s. 339.08, F.S.; specifying an
148additional use for moneys in the State  Transportation
149Trust Fund; amending s. 339.135, F.S.; revising provisions
150relating to funding and developing a tentative work
151program; amending s. 339.155, F.S.; providing additional
152requirements for development of regional transportation
153plans in certain areas pursuant to interlocal agreements;
154requiring the department to develop a model interlocal
155agreement; providing requirements; amending s. 339.175,
156F.S.; revising requirements for metropolitan planning
157organizations and transportation improvement programs;
158creating s. 339.28171, F.S.; creating the Transportation
159Incentive Program for a Sustainable Florida; providing
160program requirements; requiring the Department of
161Transportation to develop criteria to assist local
162governments in evaluating concurrency management system
163backlogs; specifying criteria requirements; providing
164requirements for local governments; specifying percentages
165and requirements for apportioning matching funds among
166grant applicants; authorizing the department to administer
167contracts as requested by local governments; amending s.
168339.2818, F.S.; revising criteria and requirement for the
169Small County Outreach Program to conform; creating s.
170339.2820, F.S.; creating the Off-System Bridge Program for
171Sustainable Transportation within the Department of
172Transportation for certain purposes; providing for funding
173certain project costs; requiring the department to
174allocate funding for the program for certain projects;
175specifying criteria for projects to be funded from the
176program; amending s. 339.55, F.S.; revising funding
177authorization for the state-funded infrastructure bank ;
178creating s. 373.19615, F.S.; creating the Florida's
179Sustainable Water Supplies Program; providing funding
180requirements for local government development of
181alternative water supply projects; providing for
182allocation of funds to water management districts;
183providing definitions; specifying factors to consider in
184funding certain projects; providing funding requirements;
185requiring the Department of Environmental Protection to
186establish factors for granting financial assistance to
187eligible projects; creating s. 373.19616, F.S.; creating
188the Water Transition Assistance Program to establish a
189low-interest revolving loan program for infrastructure
190financing for alternative water supplies; providing
191legislative declarations; providing definitions;
192authorizing the Department of Environmental Protection to
193make loans to local governments for certain purposes;
194authorizing local governments to borrow funds and pledge
195revenues for repayment; providing loan limitations;
196authorizing the department to adopt certain rules;
197requiring the department to prepare an annual report on
198such financial assistance; providing loan approval
199requirements for local governments; authorizing the
200department to conduct or require audits; authorizing the
201department to require reasonable loan service fees;
202providing limitations; providing requirements for
203financial assistance funding; providing for enforcement of
204loan defaults; authorizing the department to impose
205penalties for delinquent loan payments; authoriaing the
206department to terminate financial assistance agreements
207under certain circumstances; amending s. 373.223, F.S.;
208providing a presumption of consistency for certain
209alternative water supply uses; amending s. 380.06, F.S.;
210providing additional exemptions from development of
211regional impact provisions for certain projects in
212proposed developments or redevelopments within an area
213designated in a comprehensive plan and for proposed
214developments within certain rural land stewardship areas;
215amending s. 380.115, F.S.; revising provisions relating to
216preserving vested rights and duties under development of
217regional impact guidelines and standards; revising
218procedures and requirements for governance and rescission
219of development-of-regional-impact development orders under
220changing guidelines and standards; requiring the Office of
221Program Policy Analysis and Government Accountability to
222conduct a study on adjustments to boundaries of regional
223planning councils, water management districts, and
224transportation districts; providing purposes; requiring a
225study report to the Governor and Legislature; amending s.
2261013.33, F.S.; revising provisions relating to
227coordination of educational facilities planning pursuant
228to certain interlocal agreements; revising procedures and
229requirements for updated agreements and agreement
230amendments; creating s. 1013.352, F.S.; creating a Charter
231School Incentive Program for Sustainable Schools;
232providing purposes; specifying conditions for eligibility
233for state funds; authorizing the Commissioner of Education
234to waive certain requirements and distribute certain funds
235to charter schools under certain circumstances;
236prohibiting the commissioner from distributing funds to
237certain schools under certain circumstances; providing for
238ineligibility of certain schools for charter school outlay
239funding under certain circumstances; amending s. 1013.64,
240F.S.; requiring the Department of Education to establish a
241the High Growth County Facility Construction Account as a
242separate account within the Public Education Capital
243Outlay and Debt Service Trust Fund for certain purposes;
244specifying requirements for funding from the account;
245creating the School Concurrency Task Force; providing
246purposes; providing for membership; requiring a report to
247the Governor and Legislature; repealing s. 163.31776,
248F.S., relating to the public educational facilities
249element; requiring the Department of Transportation to
250allocate sufficient funds so implement the transportation
251provisions of the act; requiring the department to develop
252a plan to expend revenues and amend the current work
253program; requiring the department to submit a budget
254amendment for certain purposes; requiring a report to the
255Legislature; providing for funding for sustainable water
256supplies; providing an appropriation; providing for
257allocation of the appropriation; specifying uses of
258appropriations; providing for funding for sustainable
259schools; providing an appropriation; providing for
260allocation of the appropriation; specifying uses of the
261appropriation; providing for Statewide Technical
262Assistance for a Sustainable Florida; providing an
263appropriation; specifying uses; requiring the Department
264of Community Affairs to report to the Governor and
265Legislature; specifying report requirements; providing an
266appropriation to the Department of Community Affairs for
267certain staffing purposes; providing an effective date.
268
269     WHEREAS, the Legislature finds and declares that the
270state's population has increased by approximately 3 million
271individuals each decade since 1970 to nearly 16 million
272individuals in 2000, and
273     WHEREAS, increased populations have resulted in greater
274density concentrations in many areas around the state and
275created growth issues that increasingly overlap multiple local
276government jurisdictional and state agency district boundaries,
277and
278     WHEREAS, development patterns throughout areas of the
279state, in conjunction with the implementation of growth
280management policies, have increasingly caused urban flight which
281has resulted in urban sprawl and cause capacity issues related
282to transportation facilities, public educational facilities, and
283water supply facilities, and
284     WHEREAS, the Legislature recognizes that urban infill and
285redevelopment is a high state priority, and
286     WHEREAS, consequently, the Legislature determines it in the
287best interests of the people of the state to undertake action to
288address these issues and work towards a sustainable Florida
289where facilities are planned and available concurrent with
290existing and projected demands while protecting Florida's
291natural and environmental resources, rural and agricultural
292resources, and maintaining a viable and sustainable economy, and
293     WHEREAS, the Legislature enacts measures in the law and
294earmarks funds for the 2005-2006 fiscal year intended to result
295in a reemphasis on urban infill and redevelopment, achieving and
296maintaining concurrency with transportation and public
297educational facilities, and instilling a sense of
298intergovernmental cooperation and coordination, and
299     WHEREAS, the Legislature will establish a standing
300commission tasked with helping Floridians envision and plan
301their collective future with an eye towards both 25-year and 50-
302year horizons, NOW, THEREFORE,
303
304Be It Enacted by the Legislature of the State of Florida:
305     Section 1.  Popular name.--This act may be cited as the
306"Sustainable Florida Act of 2005."
307     Section 2.  Subsection (32) is added to section 163.3164,
308Florida Statutes, to read:
309     163.3164  Local Government Comprehensive Planning and Land
310Development Regulation Act; definitions.--As used in this act:
311     (32)  "Financial feasibility" means sufficient revenues are
312currently available or will be available from committed or
313planned funding sources available for financing capital
314improvements, such as ad valorem taxes, bonds, state and federal
315funds, tax revenues, impact fees, and developer contributions,
316which are adequate to fund the projected costs of the capital
317improvements and as otherwise identified within this act
318necessary to ensure that adopted level-of-service standards are
319achieved and maintained within the 5-year schedule of capital
320improvements.
321     Section 3.  Section 163.3172, Florida Statutes, is created
322to read:
323     163.3172  Urban infill and redevelopment.--In recognition
324that urban infill and redevelopment is a high state priority,
325the Legislature determines that local governments should not
326adopt charter provisions, ordinances, or land development
327regulations that discourage this state priority, unless the
328charter provisions, ordinances, or land development regulations
329are to limit impacts to coastal high-hazard areas, historic
330districts, or aviation operations. Higher density urban
331development is appropriate in urban core areas and should be
332encouraged in such areas. Conversely, it is appropriate to
333discourage greater height and density as a development form in
334areas outside the urban core where such development forms are
335incompatible with existing land uses. Notwithstanding chapters
336125 and 163, any existing or future charter county charter
337provision, ordinance, land development regulation, or countywide
338special act that governs the use, development, or redevelopment
339of land shall not be effective within any municipality of the
340county unless the charter provision, ordinance, land development
341regulation, or countywide special act is approved by a majority
342vote of the municipality's governing board or is approved by a
343majority vote of the county's governing board for placement on
344the ballot as a countywide referendum and:
345     (1)  The ballot form includes a ballot summary of the
346measure being voted on, which has been agreed to by the
347municipalities of the county, in addition to any other
348requirements of law. If no agreement on the ballot summary
349language is reached with the municipalities of the county, the
350ballot form shall also contain an estimate, as created by the
351municipalities, individually, or if desired by the
352municipalities, cumulatively, of the fiscal impact of the
353measure
354upon the municipality.
355     (2)  The referendum is approved by a majority vote of the
356electors of the county voting in the referendum.
357
358Existing charter provisions and countywide special acts that
359have been approved by referendum prior to the effective date of
360this act must be readopted in accordance with this section in
361order to apply within a municipality. However, any existing
362charter county charter provision that has established a rural
363boundary as delineated on a rural boundary map shall not be
364required to have the charter provision readopted in accordance
365with this section and shall continue to apply within
366municipalities of the charter county. In the event of a conflict
367between a countywide ordinance and a municipal ordinance within
368a charter county that regulates expressive conduct, the more
369restrictive ordinance shall govern. In addition, the
370requirements of this section restricting charter county charter
371provisions, ordinances, or land development regulations
372concerning building height restrictions shall not apply within
373any areas of critical state concern designated pursuant to s.
374380.05-380.0555.
375     Section 4.  Subsection (3), paragraphs (a), (b), (c), and
376(h) of subsection (6), paragraph (d) of subsection (11), and
377subsection (12) of section 163.3177, Florida Statutes, are
378amended, and subsection (13) is added to said section, to read:
379     163.3177  Required and optional elements of comprehensive
380plan; studies and surveys.--
381     (3)(a)  The comprehensive plan shall contain a capital
382improvements element designed to consider the need for and the
383location of public facilities in order to encourage the
384efficient utilization of such facilities and set forth:
385     1.  A component which outlines principles for construction,
386extension, or increase in capacity of public facilities, as well
387as a component which outlines principles for correcting existing
388public facility deficiencies, which are necessary to implement
389the comprehensive plan. The components shall cover at least a 5-
390year period.
391     2.  Estimated public facility costs, including a
392delineation of when facilities will be needed, the general
393location of the facilities, and projected revenue sources to
394fund the facilities.
395     3.  Standards to ensure the availability of public
396facilities and the adequacy of those facilities including
397acceptable levels of service.
398     4.  Standards for the management of debt.
399     5.  A schedule of capital improvements which includes
400publicly funded projects and which may include privately funded
401projects.
402     6.  The schedule of transportation improvements included in
403the applicable metropolitan planning organization's
404transportation improvement program adopted pursuant to s.
405339.175(7) to the extent that such improvements are relied upon
406to ensure concurrency and financial feasibility. The schedule
407must also be coordinated with the applicable metropolitan
408planning organization's long-range transportation plan adopted
409pursuant to s. 339.175(6).
410     (b)1.  The capital improvements element shall be reviewed
411on an annual basis and modified as necessary in accordance with
412s. 163.3187 or s. 163.3189 in order to maintain a financially
413feasible 5-year schedule of capital improvements., except that
414Corrections, updates, and modifications concerning costs,;
415revenue sources, or; acceptance of facilities pursuant to
416dedications which are consistent with the plan; or the date of
417construction of any facility enumerated in the capital
418improvements schedule element may be accomplished by ordinance
419and shall not be deemed to be amendments to the local
420comprehensive plan. A copy of the ordinance shall be transmitted
421to the state land planning agency. All public facilities shall
422be consistent with the capital improvements element. Amendments
423to implement this section must be adopted and transmitted no
424later than December 1, 2007. Thereafter, a local government may
425not amend its future land use map, except for plan amendments to
426meet new requirements under this part and emergency amendments
427pursuant to s. 163.3187(1)(a), after December 1, 2007, and every
428year thereafter until the local government has adopted the
429annual update and the annual update has been transmitted to the
430state land planning agency.
431     2.  Capital improvements element amendments adopted after
432the effective date of this act shall require only a single
433public hearing before the governing board which shall be an
434adoption hearing as described in s. 163.3184(7). Such amendments
435are not subject to the requirements of s. 163.3184(3)-(6).
436Amendments to the 5-year schedule of capital improvements
437adopted after the effective date of this act shall not be
438subject to challenge by an affected party. If the department
439finds an amendment pursuant to this subparagraph not in
440compliance, the local government may challenge that
441determination pursuant to s. 163.3184(10).
442     (6)  In addition to the requirements of subsections (1)-
443(5), the comprehensive plan shall include the following
444elements:
445     (a)  A future land use plan element designating proposed
446future general distribution, location, and extent of the uses of
447land for residential uses, commercial uses, industry,
448agriculture, recreation, conservation, education, public
449buildings and grounds, other public facilities, and other
450categories of the public and private uses of land. Counties are
451encouraged to designate rural land stewardship areas, pursuant
452to the provisions of paragraph (11)(d), as overlays on the
453future land use map. Each future land use category must be
454defined in terms of uses included, and must include standards to
455be followed in the control and distribution of population
456densities and building and structure intensities. The proposed
457distribution, location, and extent of the various categories of
458land use shall be shown on a land use map or map series which
459shall be supplemented by goals, policies, and measurable
460objectives. The future land use plan shall be based upon
461surveys, studies, and data regarding the area, including the
462amount of land required to accommodate anticipated growth; the
463projected population of the area; the character of undeveloped
464land; the availability of water supplies, public facilities, and
465services; the need for redevelopment, including the renewal of
466blighted areas and the elimination of nonconforming uses which
467are inconsistent with the character of the community; the
468compatibility of uses on lands adjacent to or closely proximate
469to military installations; and, in rural communities, the need
470for job creation, capital investment, and economic development
471that will strengthen and diversify the community's economy. The
472future land use plan may designate areas for future planned
473development use involving combinations of types of uses for
474which special regulations may be necessary to ensure development
475in accord with the principles and standards of the comprehensive
476plan and this act. The future land use plan element shall
477include criteria to be used to achieve the compatibility of
478adjacent or closely proximate lands with military installations.
479In addition, for rural communities, the amount of land
480designated for future planned industrial use shall be based upon
481surveys and studies that reflect the need for job creation,
482capital investment, and the necessity to strengthen and
483diversify the local economies, and shall not be limited solely
484by the projected population of the rural community. The future
485land use plan of a county may also designate areas for possible
486future municipal incorporation. The land use maps or map series
487shall generally identify and depict historic district boundaries
488and shall designate historically significant properties meriting
489protection. The future land use element must clearly identify
490the land use categories in which public schools are an allowable
491use. When delineating the land use categories in which public
492schools are an allowable use, a local government shall include
493in the categories sufficient land proximate to residential
494development to meet the projected needs for schools in
495coordination with public school boards and may establish
496differing criteria for schools of different type or size. Each
497local government shall include lands contiguous to existing
498school sites, to the maximum extent possible, within the land
499use categories in which public schools are an allowable use. All
500comprehensive plans must comply with the school siting
501requirements of this paragraph no later than October 1, 1999.
502The failure by a local government to comply with these school
503siting requirements by October 1, 1999, will result in the
504prohibition of the local government's ability to amend the local
505comprehensive plan, except for plan amendments described in s.
506163.3187(1)(b), until the school siting requirements are met.
507Amendments proposed by a local government for purposes of
508identifying the land use categories in which public schools are
509an allowable use or for adopting or amending the school-siting
510maps pursuant to s. 163.31776(3) are exempt from the limitation
511on the frequency of plan amendments contained in s. 163.3187.
512The future land use element shall include criteria that
513encourage the location of schools proximate to urban residential
514areas to the extent possible and shall require that the local
515government seek to collocate public facilities, such as parks,
516libraries, and community centers, with schools to the extent
517possible and to encourage the use of elementary schools as focal
518points for neighborhoods. For schools serving predominantly
519rural counties, defined as a county with a population of 100,000
520or fewer, an agricultural land use category shall be eligible
521for the location of public school facilities if the local
522comprehensive plan contains school siting criteria and the
523location is consistent with such criteria. Local governments
524required to update or amend their comprehensive plan to include
525criteria and address compatibility of adjacent or closely
526proximate lands with existing military installations in their
527future land use plan element shall transmit the update or
528amendment to the department by June 30, 2006.
529     (b)  A traffic circulation element consisting of the types,
530locations, and extent of existing and proposed major
531thoroughfares and transportation routes, including bicycle and
532pedestrian ways. Transportation corridors, as defined in s.
533334.03, may be designated in the traffic circulation element
534pursuant to s. 337.273. If the transportation corridors are
535designated, the local government may adopt a transportation
536corridor management ordinance. By December 1, 2006, each local
537government shall adopt by ordinance a transportation concurrency
538management system which shall include a methodology for
539assessing proportionate share mitigation options. By December 1,
5402005, the Department of Transportation shall develop a model
541transportation concurrency management ordinance with
542methodologies for assessing proportionate share options. The
543transportation concurrency management ordinance may assess a
544concurrency impact area by districts or systemwide.
545     (c)  A general sanitary sewer, solid waste, drainage,
546potable water, and natural groundwater aquifer recharge element
547correlated to principles and guidelines for future land use,
548indicating ways to provide for future potable water, drainage,
549sanitary sewer, solid waste, and aquifer recharge protection
550requirements for the area. The element may be a detailed
551engineering plan including a topographic map depicting areas of
552prime groundwater recharge. The element shall describe the
553problems and needs and the general facilities that will be
554required for solution of the problems and needs. The element
555shall also include a topographic map depicting any areas adopted
556by a regional water management district as prime groundwater
557recharge areas for the Floridan or Biscayne aquifers, pursuant
558to s. 373.0395. These areas shall be given special consideration
559when the local government is engaged in zoning or considering
560future land use for said designated areas. For areas served by
561septic tanks, soil surveys shall be provided which indicate the
562suitability of soils for septic tanks. Within 18 months after
563the governing board approves an updated regional water supply
564plan, the local government shall submit a comprehensive plan
565amendment that incorporates the alternative water supply
566projects selected by the local government from those identified
567in the regional supply plan pursuant to s. 373.0361(2)(a) or
568proposed by the local government under s. 373.0361, into the
569element. If a local government is located within two water
570management districts, the local government shall adopt its
571comprehensive plan amendment within 18 months after the later
572updated By December 1, 2006, The element must consider the
573appropriate water management district's regional water supply
574plan approved pursuant to s. 373.0361. The element must identify
575such alternative water supply projects and traditional water
576supply projects and conservation and reuse necessary to meet the
577water needs identified in s. 373.0361(2)(a) within the local
578government's jurisdiction and include a work plan, covering at
579least a 10-year planning period, for building public water
580supply facilities, including development of alternative water
581supplies that are necessary to meet existing and projected water
582use demand over the work planning period. The work plan shall
583also describe how the water supply needs will be met over the
584course of the planning period from any other providers of water,
585if applicable that are identified in the element as necessary to
586serve existing and new development and for which the local
587government is responsible. The work plan shall be updated, at a
588minimum, every 5 years within 18 12 months after the governing
589board of a water management district approves an updated
590regional water supply plan. Local governments, public and
591private utilities, regional water supply authorities, special
592districts, and water management districts are encouraged to
593cooperatively plan for the development of multijurisdictional
594water supply facilities that are sufficient to meet projected
595demands for established planning periods, including the
596development of alternative water sources to supplement
597traditional sources of ground and surface water supplies.
598Amendments to incorporate the work plan do not count toward the
599limitation on the frequency of adoption of amendments to the
600comprehensive plan.
601     (h)1.  An intergovernmental coordination element showing
602relationships and stating principles and guidelines to be used
603in the accomplishment of coordination of the adopted
604comprehensive plan with the plans of school boards, regional
605water supply authorities, and other units of local government
606providing services but not having regulatory authority over the
607use of land, with the comprehensive plans of adjacent
608municipalities, the county, adjacent counties, or the region,
609with the state comprehensive plan and with the applicable
610regional water supply plan approved pursuant to s. 373.0361, as
611the case may require and as such adopted plans or plans in
612preparation may exist. This element of the local comprehensive
613plan shall demonstrate consideration of the particular effects
614of the local plan, when adopted, upon the development of
615adjacent municipalities, the county, adjacent counties, or the
616region, or upon the state comprehensive plan, as the case may
617require.
618     a.  The intergovernmental coordination element shall
619provide for procedures to identify and implement joint planning
620areas, especially for the purpose of annexation, municipal
621incorporation, and joint infrastructure service areas.
622     b.  The intergovernmental coordination element shall
623provide for recognition of campus master plans prepared pursuant
624to s. 1013.30.
625     c.  The intergovernmental coordination element may provide
626for a voluntary dispute resolution process as established
627pursuant to s. 186.509 for bringing to closure in a timely
628manner intergovernmental disputes. A local government may
629develop and use an alternative local dispute resolution process
630for this purpose.
631     2.  The intergovernmental coordination element shall
632further state principles and guidelines to be used in the
633accomplishment of coordination of the adopted comprehensive plan
634with the plans of school boards and other units of local
635government providing facilities and services but not having
636regulatory authority over the use of land. In addition, the
637intergovernmental coordination element shall describe joint
638processes for collaborative planning and decisionmaking on
639population projections and public school siting, the location
640and extension of public facilities subject to concurrency, and
641siting facilities with countywide significance, including
642locally unwanted land uses whose nature and identity are
643established in an agreement. Within 1 year of adopting their
644intergovernmental coordination elements, each county, all the
645municipalities within that county, the district school board,
646and any unit of local government service providers in that
647county shall establish by interlocal or other formal agreement
648executed by all affected entities, the joint processes described
649in this subparagraph consistent with their adopted
650intergovernmental coordination elements.
651     3.  To foster coordination between special districts and
652local general-purpose governments as local general-purpose
653governments implement local comprehensive plans, each
654independent special district must submit a public facilities
655report to the appropriate local government as required by s.
656189.415.
657     4.a.  Local governments adopting a public educational
658facilities element pursuant to s. 163.31776 must execute an
659interlocal agreement with the district school board, the county,
660and nonexempt municipalities pursuant to s. 163.31777, as
661defined by s. 163.31776(1), which includes the items listed in
662s. 163.31777(2). The local government shall amend the
663intergovernmental coordination element to provide that
664coordination between the local government and school board is
665pursuant to the agreement and shall state the obligations of the
666local government under the agreement.
667     b.  Plan amendments that comply with this subparagraph are
668exempt from the provisions of s. 163.3187(1).
669     5.  The state land planning agency shall establish a
670schedule for phased completion and transmittal of plan
671amendments to implement subparagraphs 1., 2., and 3. from all
672jurisdictions so as to accomplish their adoption by December 31,
6731999. A local government may complete and transmit its plan
674amendments to carry out these provisions prior to the scheduled
675date established by the state land planning agency. The plan
676amendments are exempt from the provisions of s. 163.3187(1).
677     6.  By January 1, 2004, Any county having a population
678greater than 100,000, and the municipalities and special
679districts within that county, shall submit a report to the
680Department of Community Affairs which:
681     a.  Identifies all existing or proposed interlocal service-
682delivery agreements regarding the following: education; sanitary
683sewer; public safety; solid waste; drainage; potable water;
684parks and recreation; and transportation facilities.
685     b.  Identifies any deficits or duplication in the provision
686of services within its jurisdiction, whether capital or
687operational. Upon request, the Department of Community Affairs
688shall provide technical assistance to the local governments in
689identifying deficits or duplication.
690     7.  Within 6 months after submission of the report, the
691Department of Community Affairs shall, through the appropriate
692regional planning council, coordinate a meeting of all local
693governments within the regional planning area to discuss the
694reports and potential strategies to remedy any identified
695deficiencies or duplications.
696     8.  Each local government shall update its
697intergovernmental coordination element based upon the findings
698in the report submitted pursuant to subparagraph 6. The report
699may be used as supporting data and analysis for the
700intergovernmental coordination element.
701     9.  By February 1, 2003, representatives of municipalities,
702counties, and special districts shall provide to the Legislature
703recommended statutory changes for annexation, including any
704changes that address the delivery of local government services
705in areas planned for annexation.
706     (11)
707     (d)1.  The department, in cooperation with the Department
708of Agriculture and Consumer Services, the Department of
709Environmental Protection, water management districts, and
710regional planning councils, shall provide assistance to local
711governments in the implementation of this paragraph and rule 9J-
7125.006(5)(l), Florida Administrative Code. Implementation of
713those provisions shall include a process by which the department
714may authorize local governments to designate all or portions of
715lands classified in the future land use element as predominantly
716agricultural, rural, open, open-rural, or a substantively
717equivalent land use, as a rural land stewardship area within
718which planning and economic incentives are applied to encourage
719the implementation of innovative and flexible planning and
720development strategies and creative land use planning
721techniques, including those contained herein and in rule 9J-
7225.006(5)(l), Florida Administrative Code. Assistance may
723include, but is not limited to:
724     a.  Assistance from the Department of Environmental
725Protection and water management districts in creating the
726geographic information systems land cover database and aerial
727photogrammetry needed to prepare for a rural land stewardship
728area;
729     b.  Support for local government implementation of rural
730land stewardship concepts by providing information and
731assistance to local governments regarding land acquisition
732programs that may be used by the local government or landowners
733to leverage the protection of greater acreage and maximize the
734effectiveness of rural land stewardship areas; and
735     c.  Expansion of the role of the Department of Community
736Affairs as a resource agency to facilitate establishment of
737rural land stewardship areas in smaller rural counties that do
738not have the staff or planning budgets to create a rural land
739stewardship area.
740     2.  The state land planning agency department shall
741encourage participation by local governments of different sizes
742and rural characteristics in establishing and implementing rural
743land stewardship areas. It is the intent of the Legislature that
744rural land stewardship areas be used to further the following
745broad principles of rural sustainability: restoration and
746maintenance of the economic value of rural land; control of
747urban sprawl; identification and protection of ecosystems,
748habitats, and natural resources; promotion of rural economic
749activity; maintenance of the viability of Florida's agricultural
750economy; and protection of the character of rural areas of
751Florida. Rural land stewardship areas may be multicounty in
752order to encourage coordinated regional stewardship planning.
753     3.  A local government, in conjunction with a regional
754planning council, a stakeholder organization of private land
755owners, or another local government, shall notify the department
756in writing of its intent to designate a rural land stewardship
757area. The written notification shall describe the basis for the
758designation, including the extent to which the rural land
759stewardship area enhances rural land values, controls urban
760sprawl, provides necessary open space for agriculture and
761protection of the natural environment, promotes rural economic
762activity, and maintains rural character and the economic
763viability of agriculture.
764     4.  A rural land stewardship area shall be not less than
76510,000 acres and shall be located outside of municipalities and
766established urban growth boundaries, and shall be designated by
767plan amendment. The plan amendment designating a rural land
768stewardship area shall be subject to review by the Department of
769Community Affairs pursuant to s. 163.3184 and shall provide for
770the following:
771     a.  Criteria for the designation of receiving areas within
772rural land stewardship areas in which innovative planning and
773development strategies may be applied. Criteria shall at a
774minimum provide for the following: adequacy of suitable land to
775accommodate development so as to avoid conflict with
776environmentally sensitive areas, resources, and habitats;
777compatibility between and transition from higher density uses to
778lower intensity rural uses; the establishment of receiving area
779service boundaries which provide for a separation between
780receiving areas and other land uses within the rural land
781stewardship area through limitations on the extension of
782services; and connection of receiving areas with the rest of the
783rural land stewardship area using rural design and rural road
784corridors.
785     b.  Goals, objectives, and policies setting forth the
786innovative planning and development strategies to be applied
787within rural land stewardship areas pursuant to the provisions
788of this section.
789     c.  A process for the implementation of innovative planning
790and development strategies within the rural land stewardship
791area, including those described in this subsection and rule 9J-
7925.006(5)(l), Florida Administrative Code, which provide for a
793functional mix of land uses and which are applied through the
794adoption by the local government of zoning and land development
795regulations applicable to the rural land stewardship area.
796     d.  A process which encourages visioning pursuant to s.
797163.3167(11) to ensure that innovative planning and development
798strategies comply with the provisions of this section.
799     e.  The control of sprawl through the use of innovative
800strategies and creative land use techniques consistent with the
801provisions of this subsection and rule 9J-5.006(5)(l), Florida
802Administrative Code.
803     5.  A receiving area shall be designated by the adoption of
804a land development regulation. Prior to the designation of a
805receiving area, the local government shall provide the
806Department of Community Affairs a period of 30 days in which to
807review a proposed receiving area for consistency with the rural
808land stewardship area plan amendment and to provide comments to
809the local government.
810     6.  Upon the adoption of a plan amendment creating a rural
811land stewardship area, the local government shall, by ordinance,
812establish the methodology for the creation, conveyance, and use
813of transferable rural land use credits, otherwise referred to as
814stewardship credits, the application of assign to the area a
815certain number of credits, to be known as "transferable rural
816land use credits," which shall not constitute a right to develop
817land, nor increase density of land, except as provided by this
818section. The total amount of transferable rural land use credits
819within assigned to the rural land stewardship area must enable
820the realization of the long-term vision and goals for correspond
821to the 25-year or greater projected population of the rural land
822stewardship area. Transferable rural land use credits are
823subject to the following limitations:
824     a.  Transferable rural land use credits may only exist
825within a rural land stewardship area.
826     b.  Transferable rural land use credits may only be used on
827lands designated as receiving areas and then solely for the
828purpose of implementing innovative planning and development
829strategies and creative land use planning techniques adopted by
830the local government pursuant to this section.
831     c.  Transferable rural land use credits assigned to a
832parcel of land within a rural land stewardship area shall cease
833to exist if the parcel of land is removed from the rural land
834stewardship area by plan amendment.
835     d.  Neither the creation of the rural land stewardship area
836by plan amendment nor the assignment of transferable rural land
837use credits by the local government shall operate to displace
838the underlying density of land uses assigned to a parcel of land
839within the rural land stewardship area; however, if transferable
840rural land use credits are transferred from a parcel for use
841within a designated receiving area, the underlying density
842assigned to the parcel of land shall cease to exist.
843     e.  The underlying density on each parcel of land located
844within a rural land stewardship area shall not be increased or
845decreased by the local government, except as a result of the
846conveyance or use of transferable rural land use credits, as
847long as the parcel remains within the rural land stewardship
848area.
849     f.  Transferable rural land use credits shall cease to
850exist on a parcel of land where the underlying density assigned
851to the parcel of land is utilized.
852     g.  An increase in the density of use on a parcel of land
853located within a designated receiving area may occur only
854through the assignment or use of transferable rural land use
855credits and shall not require a plan amendment.
856     h.  A change in the density of land use on parcels located
857within receiving areas shall be specified in a development order
858which reflects the total number of transferable rural land use
859credits assigned to the parcel of land and the infrastructure
860and support services necessary to provide for a functional mix
861of land uses corresponding to the plan of development.
862     i.  Land within a rural land stewardship area may be
863removed from the rural land stewardship area through a plan
864amendment.
865     j.  Transferable rural land use credits may be assigned at
866different ratios of credits per acre according to the natural
867resource or other beneficial use characteristics of the land and
868according to the land use remaining following the transfer of
869credits, with the highest number of credits per acre assigned to
870the most environmentally valuable land, or in locations where
871the retention of and a lesser number of credits to be assigned
872to open space and agricultural land is a priority, to such
873lands.
874     k.  The use or conveyance of transferable rural land use
875credits must be recorded in the public records of the county in
876which the property is located as a covenant or restrictive
877easement running with the land in favor of the county and either
878the Department of Environmental Protection, Department of
879Agriculture and Consumer Services, a water management district,
880or a recognized statewide land trust.
881     7.  Owners of land within rural land stewardship areas
882should be provided incentives to enter into rural land
883stewardship agreements, pursuant to existing law and rules
884adopted thereto, with state agencies, water management
885districts, and local governments to achieve mutually agreed upon
886conservation objectives. Such incentives may include, but not be
887limited to, the following:
888     a.  Opportunity to accumulate transferable mitigation
889credits.
890     b.  Extended permit agreements.
891     c.  Opportunities for recreational leases and ecotourism.
892     d.  Payment for specified land management services on
893publicly owned land, or property under covenant or restricted
894easement in favor of a public entity.
895     e.  Option agreements for sale to public entities or
896private land conservation entities, in either fee or easement,
897upon achievement of conservation objectives.
898     8.  The department shall report to the Legislature on an
899annual basis on the results of implementation of rural land
900stewardship areas authorized by the department, including
901successes and failures in achieving the intent of the
902Legislature as expressed in this paragraph.
903     9.  In recognition of the benefits of conceptual long-range
904planning, restoration and maintenance of the economic value of
905rural land; control of urban sprawl; identification and
906protection of ecosystems, habitats, and natural resources;
907promotion of rural economic activity; maintenance of the
908viability of the agricultural economy of this state; and
909protection of the character of rural areas of this state that
910will result from a rural land stewardship area, and to further
911encourage the innovative planning and development strategies in
912a rural land stewardship area, development within a rural land
913stewardship area is exempt from the requirements of s. 380.06.
914     (12)  A public school facilities element adopted to
915implement a school concurrency program shall meet the
916requirements of this subsection.
917     (a)  Each county and each municipality within the county
918must adopt a consistent public school facilities element and
919enter an interlocal agreement pursuant to s. 163.31777. The
920state land planning agency may provide a waiver to a county and
921to the municipalities within the county if the utilization rate
922for all schools within the district is less than 100 percent and
923the projected 5-year capital outlay full-time equivalent student
924growth rate is less than 10 percent. At its discretion, the
925state land planning agency may grant a waiver to a county or
926municipality for a single school to exceed the 100 percent
927limitation if it can be demonstrated that the capacity for that
928single school is not greater than 105 percent. A municipality in
929a nonexempt county is exempt if the municipality meets all of
930the following criteria for having no significant impact on
931school attendance:
932     1.  The municipality has issued development orders for
933fewer than 50 residential dwelling units during the preceding 5
934years or the municipality has generated fewer than 25 additional
935public school students during the preceding 5 years.
936     2.  The municipality has not annexed new land during the
937preceding 5 years in land use categories that permit residential
938uses that will affect school attendance rates.
939     3.  The municipality has no public schools located within
940its boundaries.
941     4.  At least 80 percent of the developable land within the
942boundaries of the municipality has been developed.
943     (b)(a)  A public school facilities element shall be based
944upon data and analyses that address, among other items, how
945level-of-service standards will be achieved and maintained. Such
946data and analyses must include, at a minimum, such items as: the
947interlocal agreement adopted pursuant to s. 163.31777 and the 5-
948year school district facilities work program adopted pursuant to
949s. 1013.35; the educational plant survey prepared pursuant to s.
9501013.31 and an existing educational and ancillary plant map or
951map series; information on existing development and development
952anticipated for the next 5 years and the long-term planning
953period; an analysis of problems and opportunities for existing
954schools and schools anticipated in the future; an analysis of
955opportunities to collocate future schools with other public
956facilities such as parks, libraries, and community centers; an
957analysis of the need for supporting public facilities for
958existing and future schools; an analysis of opportunities to
959locate schools to serve as community focal points; projected
960future population and associated demographics, including
961development patterns year by year for the upcoming 5-year and
962long-term planning periods; and anticipated educational and
963ancillary plants with land area requirements.
964     (c)(b)  The element shall contain one or more goals which
965establish the long-term end toward which public school programs
966and activities are ultimately directed.
967     (d)(c)  The element shall contain one or more objectives
968for each goal, setting specific, measurable, intermediate ends
969that are achievable and mark progress toward the goal.
970     (e)(d)  The element shall contain one or more policies for
971each objective which establish the way in which programs and
972activities will be conducted to achieve an identified goal.
973     (f)(e)  The objectives and policies shall address items
974such as:
975     1.  The procedure for an annual update process;
976     2.  The procedure for school site selection;
977     3.  The procedure for school permitting;
978     4.  Provision of supporting infrastructure necessary to
979support proposed schools, including potable water, wastewater,
980drainage, solid waste, transportation, and means by which to
981ensure safe access to schools, including sidewalks, bicycle
982paths, turn lanes, and signalization;
983     5.  Provision of colocation of other public facilities,
984such as parks, libraries, and community centers, in proximity to
985public schools;
986     6.  Provision of location of schools proximate to
987residential areas and to complement patterns of development,
988including the location of future school sites so they serve as
989community focal points;
990     7.  Measures to ensure compatibility of school sites and
991surrounding land uses;
992     8.  Coordination with adjacent local governments and the
993school district on emergency preparedness issues, including the
994use of public schools to serve as emergency shelters; and
995     9.  Coordination with the future land use element.
996     (g)(f)  The element shall include one or more future
997conditions maps which depict the anticipated location of
998educational and ancillary plants, including the general location
999of improvements to existing schools or new schools anticipated
1000over the 5-year or long-term planning period. The maps will of
1001necessity be general for the long-term planning period and more
1002specific for the 5-year period. Maps indicating general
1003locations of future schools or school improvements may not
1004prescribe a land use on a particular parcel of land.
1005     (h)  The state land planning agency shall establish phased
1006schedules for adoption of the public school facilities element
1007and the required updates to the public schools interlocal
1008agreement pursuant to s. 163.31777. The schedule for the updated
1009public schools interlocal agreement shall provide for each
1010county and municipality within the county to submit the
1011agreement no later than December 1, 2006. The schedule for the
1012public schools facilities element must provide for each county
1013and municipality to submit the adopted element to the state land
1014planning agency by December 1, 2008. The state land planning
1015agency may grant a 1-year extension for the adoption of the
1016element if a request is justified by good and sufficient cause
1017as determined by the agency. The state land planning agency
1018shall set the same date for all governmental entities within a
1019school district. However, if the county where the school
1020district is located contains more than 20 municipalities, the
1021state land planning agency may establish staggered due dates for
1022the submission of interlocal agreements by these municipalities.
1023Plan amendments to adopt a public school facilities element are
1024exempt from the provisions of s. 163.3187(1).
1025     (i)  Failure to timely adopt updating amendments to the
1026comprehensive plan that are necessary to implement school
1027concurrency prior to December 1, 2008, unless a one-year
1028extension has been granted, shall result in a local government
1029being prohibited from adopting amendments to the comprehensive
1030plan that increase residential density until the necessary
1031amendments have been adopted and the adopted amendments have
1032been transmitted to the state land planning agency.
1033     (j)  The state land planning agency may issue the school
1034board a notice to show cause why sanctions should not be
1035enforced for failure to enter into an approved interlocal
1036agreement as required by s. 163.31777 or for failure to
1037implement the provisions of this act relating to public school
1038concurrency. The school board may be subject to sanctions
1039imposed by the Administration Commission directing the
1040Department of Education to withhold from the district school
1041board an equivalent amount of funds for school construction
1042available to s. 1013.65, 1013.68, 1013.70, and 1013.72.
1043     (13)  Local governments are encouraged to develop a
1044community vision that provides for sustainable growth,
1045recognizes the local government's fiscal constraints, and
1046protects the local government's natural resources pursuant to s.
1047163.167(11). At the request of a local government, the
1048applicable regional planning council shall provide assistance in
1049the development of a community vision.
1050     Section 5.  Section 163.31777, Florida Statutes, is amended
1051to read:
1052     163.31777  Public schools interlocal agreement.--
1053     (1)(a)  The school board, county, and nonexempt
1054municipalities located within the geographic area of a school
1055district shall enter into an interlocal agreement with the
1056district school board which jointly establishes the specific
1057ways in which the plans and processes of the district school
1058board and the local governments are to be coordinated. The
1059interlocal agreements shall be submitted to the state land
1060planning agency and the Office of Educational Facilities and the
1061SMART Schools Clearinghouse in accordance with a schedule
1062published by the state land planning agency.
1063     (b)  The schedule must establish staggered due dates for
1064submission of interlocal agreements that are executed by both
1065the local government and the district school board, commencing
1066on March 1, 2003, and concluding by December 1, 2004, and must
1067set the same date for all governmental entities within a school
1068district. However, if the county where the school district is
1069located contains more than 20 municipalities, the state land
1070planning agency may establish staggered due dates for the
1071submission of interlocal agreements by these municipalities. The
1072schedule must begin with those areas where both the number of
1073districtwide capital-outlay full-time-equivalent students equals
107480 percent or more of the current year's school capacity and the
1075projected 5-year student growth is 1,000 or greater, or where
1076the projected 5-year student growth rate is 10 percent or
1077greater.
1078     (b)(c)  If the student population has declined over the 5-
1079year period preceding the due date for submittal of an
1080interlocal agreement by the local government and the district
1081school board, the local government and the district school board
1082may petition the state land planning agency for a waiver of one
1083or more requirements of subsection (2). The waiver must be
1084granted if the procedures called for in subsection (2) are
1085unnecessary because of the school district's declining school
1086age population, considering the district's 5-year facilities
1087work program prepared pursuant to s. 1013.35. The state land
1088planning agency may modify or revoke the waiver upon a finding
1089that the conditions upon which the waiver was granted no longer
1090exist. The district school board and local governments must
1091submit an interlocal agreement within 1 year after notification
1092by the state land planning agency that the conditions for a
1093waiver no longer exist.
1094     (c)(d)  Interlocal agreements between local governments and
1095district school boards adopted pursuant to s. 163.3177 before
1096the effective date of this section must be updated and executed
1097pursuant to the requirements of this section, if necessary.
1098Amendments to interlocal agreements adopted pursuant to this
1099section must be submitted to the state land planning agency
1100within 30 days after execution by the parties for review
1101consistent with this section. Local governments and the district
1102school board in each school district are encouraged to adopt a
1103single updated interlocal agreement to which all join as
1104parties. The state land planning agency shall assemble and make
1105available model interlocal agreements meeting the requirements
1106of this section and notify local governments and, jointly with
1107the Department of Education, the district school boards of the
1108requirements of this section, the dates for compliance, and the
1109sanctions for noncompliance. The state land planning agency
1110shall be available to informally review proposed interlocal
1111agreements. If the state land planning agency has not received a
1112proposed interlocal agreement for informal review, the state
1113land planning agency shall, at least 60 days before the deadline
1114for submission of the executed agreement, renotify the local
1115government and the district school board of the upcoming
1116deadline and the potential for sanctions.
1117     (2)  At a minimum, The interlocal agreement shall
1118acknowledge the school board's constitutional and statutory
1119obligations to provide a uniform system of free public schools
1120on a countywide basis and the land use authority of local
1121governments, including their authority to approve or deny
1122comprehensive plan amendments and development orders. The
1123interlocal agreement must address the following issues:
1124     (a)  Establish the mechanisms for coordinating the
1125development, adoption, and amendment of each local government's
1126public school facilities element with each other and the plans
1127of the school board to ensure a uniform districtwide school
1128concurrency system.
1129     (b)  Establish a process for the development of siting
1130criteria which encourages the location of public schools
1131proximate to urban residential areas to the extent possible and
1132seeks to collocate schools with other public facilities such as
1133parks, libraries, and community centers to the extent possible.
1134     (c)  Specify uniform, districtwide level-of-service
1135standards for public schools of the same type and the process
1136for modifying the adopted levels-of-service standards.
1137     (d)  A process for establishing a financially feasible
1138public school capital facilities program and a process and
1139schedule for incorporation of the public school capital
1140facilities program into the local government comprehensive plans
1141on an annual basis.
1142     (e)  If school concurrency is to be applied on a less than
1143districtwide basis in the form of concurrency service areas, the
1144agreement shall establish criteria and standards for the
1145establishment and modification of school concurrency service
1146areas. The agreement shall also establish a process and schedule
1147for the mandatory incorporation of the school concurrency
1148service areas and the criteria and standards for establishment
1149of the service areas into the local government comprehensive
1150plans. The agreement shall ensure maximum utilization of school
1151capacity, taking into account transportation costs and court-
1152approved desegregation plans, as well as other applicable
1153factors.
1154     (f)  Establish a uniform districtwide procedure for
1155implementing school concurrency which provides for:
1156     1.  The evaluation of development applications for
1157compliance with school concurrency requirements, including
1158information provided by the school board on affected schools.
1159     2.  The monitoring and evaluation of the school concurrency
1160system.
1161     (g)  A process and uniform methodology for determining
1162proportionate-share mitigation pursuant to s. 380.06.
1163     (h)(a)  A process by which each local government and the
1164district school board agree and base their plans on consistent
1165projections of the amount, type, and distribution of population
1166growth and student enrollment. The geographic distribution of
1167jurisdiction-wide growth forecasts is a major objective of the
1168process.
1169     (i)(b)  A process to coordinate and share information
1170relating to existing and planned public school facilities,
1171including school renovations and closures, and local government
1172plans for development and redevelopment.
1173     (j)(c)  Participation by affected local governments with
1174the district school board in the process of evaluating potential
1175school closures, significant renovations to existing schools,
1176and new school site selection before land acquisition. Local
1177governments shall advise the district school board as to the
1178consistency of the proposed closure, renovation, or new site
1179with the local comprehensive plan, including appropriate
1180circumstances and criteria under which a district school board
1181may request an amendment to the comprehensive plan for school
1182siting.
1183     (k)(d)  A process for determining the need for and timing
1184of onsite and offsite improvements to support new, proposed
1185expansion, or redevelopment of existing schools. The process
1186must address identification of the party or parties responsible
1187for the improvements.
1188     (e)  A process for the school board to inform the local
1189government regarding school capacity. The capacity reporting
1190must be consistent with laws and rules relating to measurement
1191of school facility capacity and must also identify how the
1192district school board will meet the public school demand based
1193on the facilities work program adopted pursuant to s. 1013.35.
1194     (l)(f)  Participation of the local governments in the
1195preparation of the annual update to the district school board's
11965-year district facilities work program and educational plant
1197survey prepared pursuant to s. 1013.35.
1198     (m)(g)  A process for determining where and how joint use
1199of either school board or local government facilities can be
1200shared for mutual benefit and efficiency.
1201     (n)(h)  A procedure for the resolution of disputes between
1202the district school board and local governments, which may
1203include the dispute resolution processes contained in chapters
1204164 and 186.
1205     (o)(i)  An oversight process, including an opportunity for
1206public participation, for the implementation of the interlocal
1207agreement.
1208     (p)  A process for development of a public school
1209facilities element pursuant to 163.3177(12).
1210     (q)  Provisions for siting and modification or enhancements
1211to existing school facilities so as to encourage urban infill
1212and redevelopment.
1213     (r)  A process for the use and conversion of historic
1214school facilities that are no longer suitable for educational
1215purposes as determined by the district school board.
1216     (s)  A process for informing the local government regarding
1217the effect of comprehensive plan amendments and rezonings on
1218school capacity. The capacity reporting must be consistent with
1219laws and rules relating to measurement of school facility
1220capacity and must also identify how the district school board
1221will meet the public school demand based on the facilities work
1222program adopted pursuant to s. 1013.35.
1223     (t)  A process to ensure an opportunity for the school
1224board to review and comment on the effect of comprehensive plan
1225amendments and rezonings on the public school facilities plan.
1226
1227For those local governments that receive a waiver pursuant to s.
1228163.3177(2)(a), the interlocal agreement shall not include the
1229issues provided for in paragraphs (a), (c), (d), (e), (f), (g),
1230and (p). For counties or municipalities that do not have a
1231public schools interlocal agreement or public school facility
1232element, the assessment shall determine whether the local
1233government continues to meet the criteria of s. 163.3177(12). If
1234the county or municipality determines that it no longer meets
1235the criteria, the county or municipality must adopt appropriate
1236school concurrency goals, objectives, and policies in its plan
1237amendments pursuant to the requirements of the public school
1238facility element and enter into the existing interlocal
1239agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
1240order to fully participate in the school concurrency system. A
1241signatory to the interlocal agreement may elect not to include a
1242provision meeting the requirements of paragraph (e); however,
1243such a decision may be made only after a public hearing on such
1244election, which may include the public hearing in which a
1245district school board or a local government adopts the
1246interlocal agreement. An interlocal agreement entered into
1247pursuant to this section must be consistent with the adopted
1248comprehensive plan and land development regulations of any local
1249government that is a signatory.
1250     (3)(a)  The updated interlocal agreement, adopted pursuant
1251to the schedule adopted in accordance with s. 163.3177(12)(h),
1252and any subsequent amendments must be submitted to the state
1253land planning agency and the Office of Educational Facilities
1254within 30 days after execution by the parties for review
1255consistent with this section. The office and SMART Schools
1256Clearinghouse shall submit any comments or concerns regarding
1257the executed interlocal agreement or amendments to the state
1258land planning agency within 30 days after receipt of the
1259executed interlocal agreement or amendments. The state land
1260planning agency shall review the updated executed interlocal
1261agreement to determine whether it is consistent with the
1262requirements of subsection (2), the adopted local government
1263comprehensive plan, and other requirements of law. Within 60
1264days after receipt of an updated executed interlocal agreement
1265or amendment, the state land planning agency shall publish a
1266notice on the agency's Internet website that states of intent in
1267the Florida Administrative Weekly and shall post a copy of the
1268notice on the agency's Internet site. The notice of intent must
1269state whether the interlocal agreement is consistent or
1270inconsistent with the requirements of subsection (2) and this
1271subsection, as appropriate.
1272     (b)  The state land planning agency's notice is subject to
1273challenge under chapter 120; however, an affected person, as
1274defined in s. 163.3184(1)(a), has standing to initiate the
1275administrative proceeding, and this proceeding is the sole means
1276available to challenge the consistency of an interlocal
1277agreement required by this section with the criteria contained
1278in subsection (2) and this subsection. In order to have
1279standing, each person must have submitted oral or written
1280comments, recommendations, or objections to the local government
1281or the school board before the adoption of the interlocal
1282agreement by the school board and local government. The district
1283school board and local governments are parties to any such
1284proceeding. In this proceeding, when the state land planning
1285agency finds the interlocal agreement to be consistent with the
1286criteria in subsection (2) and this subsection, the interlocal
1287agreement shall be determined to be consistent with subsection
1288(2) and this subsection if the local government's and school
1289board's determination of consistency is fairly debatable. When
1290the state planning agency finds the interlocal agreement to be
1291inconsistent with the requirements of subsection (2) and this
1292subsection, the local government's and school board's
1293determination of consistency shall be sustained unless it is
1294shown by a preponderance of the evidence that the interlocal
1295agreement is inconsistent.
1296     (c)  If the state land planning agency enters a final order
1297that finds that the interlocal agreement is inconsistent with
1298the requirements of subsection (2) or this subsection, it shall
1299forward it to the Administration Commission, which may impose
1300sanctions against the local government pursuant to s.
1301163.3184(11) and may impose sanctions against the district
1302school board by directing the Department of Education to
1303withhold from the district school board an equivalent amount of
1304funds for school construction available pursuant to ss. 1013.65,
13051013.68, 1013.70, and 1013.72.
1306     (4)  If an updated executed interlocal agreement is not
1307timely submitted to the state land planning agency for review,
1308the state land planning agency shall, within 15 working days
1309after the deadline for submittal, issue to the local government
1310and the district school board a Notice to Show Cause why
1311sanctions should not be imposed for failure to submit an
1312executed interlocal agreement by the deadline established by the
1313agency. The agency shall forward the notice and the responses to
1314the Administration Commission, which may enter a final order
1315citing the failure to comply and imposing sanctions against the
1316local government and district school board by directing the
1317appropriate agencies to withhold at least 5 percent of state
1318funds pursuant to s. 163.3184(11) and by directing the
1319Department of Education to withhold from the district school
1320board at least 5 percent of funds for school construction
1321available pursuant to ss. 1013.65, 1013.68, 1013.70, and
13221013.72.
1323     (5)  Any local government transmitting a public school
1324element to implement school concurrency pursuant to the
1325requirements of s. 163.3180 before July 1, 2005 the effective
1326date of this section is not required to amend the element or any
1327interlocal agreement to conform with the provisions of this
1328section if the element is adopted prior to or within 1 year
1329after the effective date of this section and remains in effect.
1330     (6)  Except as provided in subsection (7), municipalities
1331meeting the exemption criteria in s. 163.3177(12) having no
1332established need for a new school facility and meeting the
1333following criteria are exempt from the requirements of
1334subsections (1), (2), and (3).:
1335     (a)  The municipality has no public schools located within
1336its boundaries.
1337     (b)  The district school board's 5-year facilities work
1338program and the long-term 10-year and 20-year work programs, as
1339provided in s. 1013.35, demonstrate that no new school facility
1340is needed in the municipality. In addition, the district school
1341board must verify in writing that no new school facility will be
1342needed in the municipality within the 5-year and 10-year
1343timeframes.
1344     (7)  At the time of the evaluation and appraisal report,
1345each exempt municipality shall assess the extent to which it
1346continues to meet the criteria for exemption under s.
1347163.3177(12) subsection (6). If the municipality continues to
1348meet these criteria and the district school board verifies in
1349writing that no new school facilities will be needed within the
13505-year and 10-year timeframes, the municipality shall continue
1351to be exempt from the interlocal-agreement requirement. Each
1352municipality exempt under s. 163.3177(12) subsection (6) must
1353comply with the provisions of this section within 1 year after
1354the district school board proposes, in its 5-year district
1355facilities work program, a new school within the municipality's
1356jurisdiction.
1357     Section 6.  Paragraph (a) of subsection (1), paragraphs (a)
1358and (c) of subsection (2), paragraph (c) of subsection (4),
1359subsections (5), (6), (7), (9), (10), and (13), and paragraph
1360(a) of subsection (15) of section 163.3180, Florida Statutes,
1361are amended, and subsections (16) and (17) are added to said
1362section, to read:
1363     163.3180  Concurrency.--
1364     (1)(a)  Sanitary sewer, solid waste, drainage, potable
1365water, parks and recreation, schools, and transportation
1366facilities, including mass transit, where applicable, are the
1367only public facilities and services subject to the concurrency
1368requirement on a statewide basis. Additional public facilities
1369and services may not be made subject to concurrency on a
1370statewide basis without appropriate study and approval by the
1371Legislature; however, any local government may extend the
1372concurrency requirement so that it applies to additional public
1373facilities within its jurisdiction.
1374     (2)(a)  Consistent with public health and safety, sanitary
1375sewer, solid waste, drainage, adequate water supplies, and
1376potable water facilities shall be in place and available to
1377serve new development no later than the issuance by the local
1378government of a certificate of occupancy or its functional
1379equivalent.
1380     (c)  Consistent with the public welfare, and except as
1381otherwise provided in this section, transportation facilities
1382designated as part of the Florida Intrastate Highway System
1383needed to serve new development shall be in place or under
1384actual construction within 3 not more than 5 years after
1385issuance by the local government of a building permit
1386certificate of occupancy or its functional equivalent for
1387construction of a facility that results in actual traffic
1388generation. This provision shall not apply to developments of
1389regional impact for which a development order has been issued or
1390for which a development of regional impact application has been
1391found sufficient prior to the effective date of this act. Other
1392transportation facilities needed to serve new development shall
1393be in place or under actual construction no more than 3 years
1394after issuance by the local government of a certificate of
1395occupancy or its functional equivalent.
1396     (4)
1397     (c)  The concurrency requirement, except as it relates to
1398transportation and public school facilities, as implemented in
1399local government comprehensive plans, may be waived by a local
1400government for urban infill and redevelopment areas designated
1401pursuant to s. 163.2517 if such a waiver does not endanger
1402public health or safety as defined by the local government in
1403its local government comprehensive plan. The waiver shall be
1404adopted as a plan amendment pursuant to the process set forth in
1405s. 163.3187(3)(a). A local government may grant a concurrency
1406exception pursuant to subsection (5) for transportation
1407facilities located within these urban infill and redevelopment
1408areas. Within designated urban infill and redevelopment areas,
1409the local government and Department of Transportation shall
1410cooperatively establish a plan for maintaining the adopted
1411level-of-service standards established by the Department of
1412Transportation for Strategic Intermodal System facilities, as
1413defined in s. 339.64.
1414     (5)(a)  The Legislature finds that under limited
1415circumstances dealing with transportation facilities,
1416countervailing planning and public policy goals may come into
1417conflict with the requirement that adequate public facilities
1418and services be available concurrent with the impacts of such
1419development. The Legislature further finds that often the
1420unintended result of the concurrency requirement for
1421transportation facilities is the discouragement of urban infill
1422development and redevelopment. Such unintended results directly
1423conflict with the goals and policies of the state comprehensive
1424plan and the intent of this part. Therefore, exceptions from the
1425concurrency requirement for transportation facilities may be
1426granted as provided by this subsection.
1427     (b)  A local government may grant an exception from the
1428concurrency requirement for transportation facilities if the
1429proposed development is otherwise consistent with the adopted
1430local government comprehensive plan and is a project that
1431promotes public transportation or is located within an area
1432designated in the comprehensive plan for:
1433     1.  Urban infill development,
1434     2.  Urban redevelopment,
1435     3.  Downtown revitalization, or
1436     4.  Urban infill and redevelopment under s. 163.2517.
1437     (c)  The Legislature also finds that developments located
1438within urban infill, urban redevelopment, existing urban
1439service, or downtown revitalization areas or areas designated as
1440urban infill and redevelopment areas under s. 163.2517 which
1441pose only special part-time demands on the transportation system
1442should be excepted from the concurrency requirement for
1443transportation facilities. A special part-time demand is one
1444that does not have more than 200 scheduled events during any
1445calendar year and does not affect the 100 highest traffic volume
1446hours.
1447     (d)  A local government shall establish guidelines for
1448granting the exceptions authorized in paragraphs (b) and (c) in
1449the comprehensive plan. These guidelines must include
1450consideration of the Strategic Intermodal System impacts on the
1451Florida Intrastate Highway System, as defined in s. 338.001. The
1452exceptions may be available only within the specific geographic
1453area of the jurisdiction designated in the plan. Pursuant to s.
1454163.3184, any affected person may challenge a plan amendment
1455establishing these guidelines and the areas within which an
1456exception could be granted. Prior to the designation of a
1457concurrency management area, the Department of Transportation
1458shall be consulted by the local government to assess the impact
1459that the proposed concurrency management area is expected to
1460have on the adopted level-of-service standards established for
1461Strategic Intermodal System facilities, as defined in s. 339.64.
1462Within designated urban infill and redevelopment areas, the
1463local government and Department of Transportation shall
1464cooperatively establish a plan for maintaining the adopted
1465level-of-service standards established by the Department of
1466Transportation for Strategic Intermodal System facilities
1467pursuant to s. 339.64.
1468     (e)  It is a high state priority that urban infill and
1469redevelopment be promoted and provide incentives. By promoting
1470the revitalization of existing communities of this state, a more
1471efficient maximization of space and facilities may be achieved
1472and urban sprawl will be discouraged. If a local government
1473creates a long-term vision for its community that includes
1474adequate funding and services and multimodal transportation
1475options, the transportation facilities concurrency requirements
1476of paragraph (2)(c) are waived for:
1477     1.a.  Urban infill development as designated in the
1478comprehensive plan;
1479     b.  Urban redevelopment as designated in the comprehensive
1480plan;
1481     c.  Downtown revitalization as designated in the
1482comprehensive plan; or
1483     d.  Urban infill and redevelopment under s. 163.2517 as
1484designated in the comprehensive plan.
1485
1486The local government and Department of Transportation shall
1487cooperatively establish a plan for maintaining the adopted
1488level-of-service standards established by the Department of
1489Transportation for Strategic Intermodal System facilities, as
1490defined in s. 339.64.
1491     2.  Municipalities that are at least 90 percent built-out.
1492For purposes of this exemption:
1493     a.  The term "built-out" means that 90 percent of the
1494property within the municipality's boundaries, excluding lands
1495that are designated as conservation, preservation, recreation,
1496or public facilities categories, have been developed, or are the
1497subject of an approved development order that has received a
1498building permit and the municipality has an average density of 5
1499units per acre for residential developments.
1500     b.  The municipality must have adopted an ordinance that
1501provides the methodology for determining its built-out
1502percentage, declares that transportation concurrency
1503requirements are waived within its municipal boundary or within
1504a designated area of the municipality, and addresses multimodal
1505options and strategies, including alternative modes of
1506transportation within the municipality. Prior to the adoption of
1507the ordinance, the Department of Transportation shall be
1508consulted by the local government to assess the impact that the
1509waiver of the transportation concurrency requirements is
1510expected to have on the adopted level-of-service standards
1511established for Strategic Intermodal System facilities, as
1512defined in s. 339.64. Further, the local government shall
1513cooperatively establish a plan for maintaining the adopted
1514level-of-service standards established by the department for
1515Strategic Intermodal System facilities, as defined in s. 339.64.
1516     c.  If a municipality annexes any property, the
1517municipality must recalculate its built-out percentage pursuant
1518to the methodology set forth in its ordinance to verify whether
1519the annexed property may be included within this exemption.
1520     d.  If transportation concurrency requirements are waived
1521under this subparagraph, the municipality must adopt a
1522comprehensive plan amendment pursuant to s. 163.3187(1)(c) which
1523updates its transportation element to reflect the transportation
1524concurrency requirements waiver and must submit a copy of its
1525ordinance adopted in subparagraph b. to the state land planning
1526agency.
1527     (6)  The Legislature finds that a de minimis impact is
1528consistent with this part. A de minimis impact is an impact that
1529would not affect more than 1 percent of the maximum volume at
1530the adopted level of service of the affected transportation
1531facility as determined by the local government. No impact will
1532be de minimis if the sum of existing roadway volumes and the
1533projected volumes from approved projects on a transportation
1534facility would exceed 110 percent of the maximum volume at the
1535adopted level of service of the affected transportation
1536facility; provided however, that an impact of a single family
1537home on an existing lot will constitute a de minimis impact on
1538all roadways regardless of the level of the deficiency of the
1539roadway. Local governments are encouraged to adopt methodologies
1540to encourage de minimis impacts on transportation facilities
1541within an existing urban service area. Further, no impact will
1542be de minimis if it would exceed the adopted level-of-service
1543standard of any affected designated hurricane evacuation routes.
1544Each local government shall annually adjust its concurrency
1545management system calculation of existing background traffic to
1546reflect projects permitted under the de minimis exemption.
1547     (7)  In order to promote infill development and
1548redevelopment, one or more transportation concurrency management
1549areas may be designated in a local government comprehensive
1550plan. A transportation concurrency management area must be a
1551compact geographic area with an existing network of roads where
1552multiple, viable alternative travel paths or modes are available
1553for common trips. A local government may establish an areawide
1554level-of-service standard for such a transportation concurrency
1555management area based upon an analysis that provides for a
1556justification for the areawide level of service, how urban
1557infill development or redevelopment will be promoted, and how
1558mobility will be accomplished within the transportation
1559concurrency management area. The state land planning agency
1560shall amend chapter 9J-5, Florida Administrative Code, to be
1561consistent with this subsection.
1562     (9)(a)  Each local government may adopt as a part of its
1563plan a long-term transportation and school concurrency
1564management systems system with a planning period of up to 10
1565years for specially designated districts or areas where
1566significant backlogs exist. The plan may include interim level-
1567of-service standards on certain facilities and shall may rely on
1568the local government's schedule of capital improvements for up
1569to 10 years as a basis for issuing development orders that
1570authorize commencement of construction permits in these
1571designated districts or areas. The concurrency management
1572system. It must be designed to correct existing deficiencies and
1573set priorities for addressing backlogged facilities. The
1574concurrency management system It must be financially feasible
1575and consistent with other portions of the adopted local plan,
1576including the future land use map.
1577     (b)  If a local government has a transportation or school
1578facility backlog for existing development which cannot be
1579adequately addressed in a 10-year plan, the state land planning
1580agency may allow it to develop a plan and long-term schedule of
1581capital improvements covering of up to 15 years for good and
1582sufficient cause, based on a general comparison between that
1583local government and all other similarly situated local
1584jurisdictions, using the following factors:
1585     1.  The extent of the backlog.
1586     2.  For roads, whether the backlog is on local or state
1587roads.
1588     3.  The cost of eliminating the backlog.
1589     4.  The local government's tax and other revenue-raising
1590efforts.
1591     (c)  The local government may issue approvals to commence
1592construction, notwithstanding s. 163.3180, consistent with and
1593in areas that are subject to a long-term concurrency management
1594system.
1595     (d)  If the local government adopts a long-term concurrency
1596management system, the government must evaluate the system
1597periodically. At a minimum, the local government must assess its
1598progress toward improving levels of service within the long-term
1599concurrency management district or area in the evaluation and
1600appraisal report and determine any changes that are necessary to
1601accelerate progress in meeting acceptable levels of service or
1602providing other methods of transportation.
1603     (10)  With regard to roadway facilities on the Strategic
1604Intermodal System designated in accordance with ss. 339.61,
1605339.62, 339.63, and 339.64 Florida Intrastate Highway System as
1606defined in s. 338.001, with concurrence from the Department of
1607Transportation, the level-of-service standard for general lanes
1608in urbanized areas, as defined in s. 334.03(36), may be
1609established by the local government in the comprehensive plan.
1610For all other facilities on the Florida Intrastate Highway
1611System, local governments shall adopt the level-of-service
1612standard established by the Department of Transportation by
1613rule. For all other roads on the State Highway System, local
1614governments shall establish an adequate level-of-service
1615standard that need not be consistent with any level-of-service
1616standard established by the Department of Transportation.
1617     (13)  In accordance with the schedule adopted in accordance
1618with s. 163.3177(12)(h), school concurrency, if imposed by local
1619option, shall be established on a districtwide basis and shall
1620include all public schools in the district and all portions of
1621the district, whether located in a municipality or an
1622unincorporated area unless exempt from the public school
1623facilities element pursuant to s. 163.3177(12), except that this
1624subsection shall not apply to the Florida School for the Deaf
1625and the Blind. The development of school concurrency shall be
1626accomplished through a coordinated process including the local
1627school district, the county, and all nonexempt municipalities
1628within the county and shall be reflected in the public school
1629facilities element adopted pursuant to the schedule provided for
1630in s. 163.3177(12)(h). The school concurrency requirement shall
1631not be effective until the adoption of the public school
1632facilities element. The application of school concurrency to
1633development shall be based upon the adopted comprehensive plan,
1634as amended. All local governments within a county, except as
1635provided in paragraph (f), shall adopt and transmit to the state
1636land planning agency the necessary plan amendments, along with
1637the interlocal agreement, for a compliance review pursuant to s.
1638163.3184(7) and (8). School concurrency shall not become
1639effective in a county until all local governments, except as
1640provided in paragraph (f), have adopted the necessary plan
1641amendments, which together with the interlocal agreement, are
1642determined to be in compliance with the requirements of this
1643part. The minimum requirements for school concurrency are the
1644following:
1645     (a)  Public school facilities element.--A local government
1646shall adopt and transmit to the state land planning agency a
1647plan or plan amendment which includes a public school facilities
1648element which is consistent with the requirements of s.
1649163.3177(12) and which is determined to be in compliance as
1650defined in s. 163.3184(1)(b). All local government public school
1651facilities plan elements within a county must be consistent with
1652each other as well as the requirements of this part.
1653     (b)  Level-of-service standards.--The Legislature
1654recognizes that an essential requirement for a concurrency
1655management system is the level of service at which a public
1656facility is expected to operate.
1657     1.  Local governments and school boards imposing school
1658concurrency shall exercise authority in conjunction with each
1659other to establish jointly adequate level-of-service standards,
1660as defined in chapter 9J-5, Florida Administrative Code,
1661necessary to implement the adopted local government
1662comprehensive plan, based on data and analysis.
1663     2.  Public school level-of-service standards shall be
1664included and adopted into the capital improvements element of
1665the local comprehensive plan and shall apply districtwide to all
1666schools of the same type. Types of schools may include charter,
1667elementary, middle, and high schools as well as special purpose
1668facilities such as magnet schools.
1669     3.  Local governments and school boards shall have the
1670option to utilize tiered level-of-service standards to allow
1671time to achieve an adequate and desirable level of service as
1672circumstances warrant.
1673     (c)  Service areas.--The Legislature recognizes that an
1674essential requirement for a concurrency system is a designation
1675of the area within which the level of service will be measured
1676when an application for a residential development permit is
1677reviewed for school concurrency purposes. This delineation is
1678also important for purposes of determining whether the local
1679government has a financially feasible public school capital
1680facilities program that will provide schools which will achieve
1681and maintain the adopted level-of-service standards.
1682     1.  In order to balance competing interests, preserve the
1683constitutional concept of uniformity, and avoid disruption of
1684existing educational and growth management processes, local
1685governments are encouraged to initially apply school concurrency
1686to development only on a districtwide basis so that a
1687concurrency determination for a specific development will be
1688based upon the availability of school capacity districtwide. To
1689ensure that development is coordinated with schools having
1690available capacity, within 5 years after adoption of school
1691concurrency local governments shall apply school concurrency on
1692a less than districtwide basis, such as using school attendance
1693zones or concurrency service areas, as provided in subparagraph
16942.
1695     2.  For local governments applying school concurrency on a
1696less than districtwide basis, such as utilizing school
1697attendance zones or larger school concurrency service areas,
1698local governments and school boards shall have the burden to
1699demonstrate that the utilization of school capacity is maximized
1700to the greatest extent possible in the comprehensive plan and
1701amendment, taking into account transportation costs and court-
1702approved desegregation plans, as well as other factors. In
1703addition, in order to achieve concurrency within the service
1704area boundaries selected by local governments and school boards,
1705the service area boundaries, together with the standards for
1706establishing those boundaries, shall be identified and, included
1707as supporting data and analysis for, and adopted as part of the
1708comprehensive plan. Any subsequent change to the service area
1709boundaries for purposes of a school concurrency system shall be
1710by plan amendment and shall be exempt from the limitation on the
1711frequency of plan amendments in s. 163.3187(1).
1712     3.  Where school capacity is available on a districtwide
1713basis but school concurrency is applied on a less than
1714districtwide basis in the form of concurrency service areas, if
1715the adopted level-of-service standard cannot be met in a
1716particular service area as applied to an application for a
1717development permit through mitigation or other measures and if
1718the needed capacity for the particular service area is available
1719in one or more contiguous service areas, as adopted by the local
1720government, then the development order  may not shall be denied
1721on the basis of school concurrency, and if issued, development
1722impacts shall be shifted to contiguous service areas with
1723schools having available capacity and mitigation measures shall
1724not be exacted.
1725     (d)  Financial feasibility.--The Legislature recognizes
1726that financial feasibility is an important issue because the
1727premise of concurrency is that the public facilities will be
1728provided in order to achieve and maintain the adopted level-of-
1729service standard. This part and chapter 9J-5, Florida
1730Administrative Code, contain specific standards to determine the
1731financial feasibility of capital programs. These standards were
1732adopted to make concurrency more predictable and local
1733governments more accountable.
1734     1.  A comprehensive plan amendment seeking to impose school
1735concurrency shall contain appropriate amendments to the capital
1736improvements element of the comprehensive plan, consistent with
1737the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
1738Administrative Code. The capital improvements element shall set
1739forth a financially feasible public school capital facilities
1740program, established in conjunction with the school board, that
1741demonstrates that the adopted level-of-service standards will be
1742achieved and maintained.
1743     2.  Such amendments shall demonstrate that the public
1744school capital facilities program meets all of the financial
1745feasibility standards of this part and chapter 9J-5, Florida
1746Administrative Code, that apply to capital programs which
1747provide the basis for mandatory concurrency on other public
1748facilities and services.
1749     3.  When the financial feasibility of a public school
1750capital facilities program is evaluated by the state land
1751planning agency for purposes of a compliance determination, the
1752evaluation shall be based upon the service areas selected by the
1753local governments and school board.
1754     (e)  Availability standard.--Consistent with the public
1755welfare, a local government may not deny an application for site
1756plan or final subdivision approval, or a functional equivalent
1757for a development or phase of a development, permit authorizing
1758residential development for failure to achieve and maintain the
1759level-of-service standard for public school capacity in a local
1760option school concurrency management system where adequate
1761school facilities will be in place or under actual construction
1762within 3 years after the permit issuance by the local government
1763of site plan or final subdivision approval or its functional
1764equivalent. School concurrency shall be satisfied if the
1765developer executes a legally binding commitment to provide
1766mitigation proportionate to the demand for public school
1767facilities to be created by actual development of the property,
1768including, but not limited to, the options described in
1769subparagraph 1. Approval of a funding agreement shall not be
1770unreasonably withheld. Any dispute shall be mediated pursuant to
1771s. 120.573. Options for proportionate-share mitigation of
1772impacts on public school facilities shall be established in the
1773interlocal agreement pursuant to s. 163.31777.
1774     1.  Appropriate mitigation options include the contribution
1775of land; the construction, expansion, or payment for land
1776acquisition or construction of a public school facility; or the
1777creation of mitigation banking based on the construction of a
1778public school facility in exchange for the right to sell
1779capacity credits. Such options must include execution by the
1780applicant and the local government of a binding development
1781agreement that constitutes a legally binding commitment to pay
1782proportionate-share mitigation for the additional residential
1783units approved by the local government in a development order
1784and actually developed on the property, taking into account
1785residential density allowed on the property prior to the plan
1786amendment that increased overall residential density. Mitigation
1787for development impacts to public schools requires the
1788concurrence of the local school board. As a condition of its
1789entry into such a development agreement, the local government
1790may require the landowner to agree to continuing renewal of the
1791agreement upon its expiration.
1792     2.  If the education facilities plan and the public
1793educational facilities element authorize a contribution of land;
1794the construction, expansion, or payment for land acquisition; or
1795the construction or expansion of a public school facility, or a
1796portion of such facility, as proportionate-share mitigation, the
1797local government shall credit such a contribution, construction,
1798expansion, or payment toward any other impact fee or exaction
1799imposed by local ordinance for the same need, on a dollar-for-
1800dollar basis at fair market value.
1801     3.  Any proportionate-share mitigation must be directed by
1802the school board toward a school capacity improvement that is
1803identified in the financially feasible 5-year district work plan
1804and that will be provided in accordance with a legally binding
1805agreement.
1806     (f)  Intergovernmental coordination.--
1807     1.  When establishing concurrency requirements for public
1808schools, a local government shall satisfy the requirements for
1809intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1810and 2., except that a municipality is not required to be a
1811signatory to the interlocal agreement required by ss. s.
1812163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1813imposition of school concurrency, and as a nonsignatory, shall
1814not participate in the adopted local school concurrency system,
1815if the municipality meets all of the following criteria for
1816having no significant impact on school attendance:
1817     a.  The municipality has issued development orders for
1818fewer than 50 residential dwelling units during the preceding 5
1819years, or the municipality has generated fewer than 25
1820additional public school students during the preceding 5 years.
1821     b.  The municipality has not annexed new land during the
1822preceding 5 years in land use categories which permit
1823residential uses that will affect school attendance rates.
1824     c.  The municipality has no public schools located within
1825its boundaries.
1826     d.  At least 80 percent of the developable land within the
1827boundaries of the municipality has been built upon.
1828     2.  A municipality which qualifies as having no significant
1829impact on school attendance pursuant to the criteria of
1830subparagraph 1. must review and determine at the time of its
1831evaluation and appraisal report pursuant to s. 163.3191 whether
1832it continues to meet the criteria pursuant to s. 163.31777(6).
1833If the municipality determines that it no longer meets the
1834criteria, it must adopt appropriate school concurrency goals,
1835objectives, and policies in its plan amendments based on the
1836evaluation and appraisal report, and enter into the existing
1837interlocal agreement required by ss. s. 163.3177(6)(h)2. and
1838163.31777, in order to fully participate in the school
1839concurrency system. If such a municipality fails to do so, it
1840will be subject to the enforcement provisions of s. 163.3191.
1841     (g)  Interlocal agreement for school concurrency.--When
1842establishing concurrency requirements for public schools, a
1843local government must enter into an interlocal agreement which
1844satisfies the requirements in s. 163.3177(6)(h)1. and 2. and the
1845requirements of this subsection. The interlocal agreement shall
1846acknowledge both the school board's constitutional and statutory
1847obligations to provide a uniform system of free public schools
1848on a countywide basis, and the land use authority of local
1849governments, including their authority to approve or deny
1850comprehensive plan amendments and development orders. The
1851interlocal agreement shall be submitted to the state land
1852planning agency by the local government as a part of the
1853compliance review, along with the other necessary amendments to
1854the comprehensive plan required by this part. In addition to the
1855requirements of s. 163.3177(6)(h), the interlocal agreement
1856shall meet the following requirements:
1857     1.  Establish the mechanisms for coordinating the
1858development, adoption, and amendment of each local government's
1859public school facilities element with each other and the plans
1860of the school board to ensure a uniform districtwide school
1861concurrency system.
1862     2.  Establish a process by which each local government and
1863the school board shall agree and base their plans on consistent
1864projections of the amount, type, and distribution of population
1865growth and coordinate and share information relating to existing
1866and planned public school facilities projections and proposals
1867for development and redevelopment, and infrastructure required
1868to support public school facilities.
1869     3.  Establish a process for the development of siting
1870criteria which encourages the location of public schools
1871proximate to urban residential areas to the extent possible and
1872seeks to collocate schools with other public facilities such as
1873parks, libraries, and community centers to the extent possible.
1874     4.  Specify uniform, districtwide level-of-service
1875standards for public schools of the same type and the process
1876for modifying the adopted levels-of-service standards.
1877     5.  Establish a process for the preparation, amendment, and
1878joint approval by each local government and the school board of
1879a public school capital facilities program which is financially
1880feasible, and a process and schedule for incorporation of the
1881public school capital facilities program into the local
1882government comprehensive plans on an annual basis.
1883     6.  Define the geographic application of school
1884concurrency. If school concurrency is to be applied on a less
1885than districtwide basis in the form of concurrency service
1886areas, the agreement shall establish criteria and standards for
1887the establishment and modification of school concurrency service
1888areas. The agreement shall also establish a process and schedule
1889for the mandatory incorporation of the school concurrency
1890service areas and the criteria and standards for establishment
1891of the service areas into the local government comprehensive
1892plans. The agreement shall ensure maximum utilization of school
1893capacity, taking into account transportation costs and court-
1894approved desegregation plans, as well as other factors. The
1895agreement shall also ensure the achievement and maintenance of
1896the adopted level-of-service standards for the geographic area
1897of application throughout the 5 years covered by the public
1898school capital facilities plan and thereafter by adding a new
1899fifth year during the annual update.
1900     7.  Establish a uniform districtwide procedure for
1901implementing school concurrency which provides for:
1902     a.  The evaluation of development applications for
1903compliance with school concurrency requirements;
1904     b.  An opportunity for the school board to review and
1905comment on the effect of comprehensive plan amendments and
1906rezonings on the public school facilities plan; and
1907     c.  The monitoring and evaluation of the school concurrency
1908system.
1909     8.  Include provisions relating to termination, suspension,
1910and amendment of the agreement. The agreement shall provide that
1911if the agreement is terminated or suspended, the application of
1912school concurrency shall be terminated or suspended.
1913     (15)
1914     (a)  Multimodal transportation districts may be established
1915under a local government comprehensive plan in areas delineated
1916on the future land use map for which the local comprehensive
1917plan assigns secondary priority to vehicle mobility and primary
1918priority to assuring a safe, comfortable, and attractive
1919pedestrian environment, with convenient interconnection to
1920transit. Such districts must incorporate community design
1921features that will reduce the number of automobile trips or
1922vehicle miles of travel and will support an integrated,
1923multimodal transportation system. Prior to the designation of
1924multimodal transportation districts, the local government shall
1925consult with the Department of Transportation to assess the
1926impact that the proposed multimodal district area is expected to
1927have on the adopted level-of-service standards established for
1928Strategic Intermodal System facilities, as defined in s. 339.64.
1929Within designated urban infill and redevelopment areas, the
1930local government and Department of Transportation shall
1931cooperatively establish a plan for maintaining the adopted
1932level-of-service standards established by the Department of
1933Transportation for Strategic Intermodal System facilities, as
1934defined in s. 339.64. Multimodal transportation districts
1935existing prior to July 1, 2005, shall meet at a minimum, the
1936provision of this section by July 1, 2006, or at the time of the
1937comprehensive plan update pursuant to the evaluation and
1938appraisal report, whichever occurs last.
1939     (16)(a)  It is the intent of the Legislature to provide a
1940method by which the impacts of development on transportation
1941facilities can be mitigated by the cooperative efforts of the
1942public and private sectors.
1943     (b)  When authorized in a local government comprehensive
1944plan, local governments may create mitigation banks for
1945transportation facilities to satisfy the concurrency provisions
1946of this section, using the process and methodology developed in
1947accordance with s. 163.3177(6)(b). The Department of
1948Transportation, in consultation with local governments, shall
1949develop a process and uniform methodology for determining
1950proportionate-share mitigation for development impacts on
1951transportation corridors that traverse one or more political
1952subdivisions.
1953     (c)  Mitigation contributions shall be used to satisfy the
1954transportation concurrency requirements of this section and may
1955be applied as a credit against impact fees. Mitigation for
1956development impacts to facilities on the Strategic Intermodal
1957System made pursuant to this subsection requires the concurrence
1958of the Department of Transportation. However, this does not
1959authorize the Department of Transportation to arbitrarily charge
1960a fee or require additional mitigation. Concurrence by the
1961Department of Transportation may not be withheld unduly.
1962     (d)  Transportation facilities concurrency shall be
1963satisfied if the developer executes a legally binding commitment
1964to provide mitigation proportionate to the demand for
1965transportation facilities to be created by actual development of
1966the property, including, but not limited to, the options for
1967mitigation established in the transportation element or traffic
1968circulation element. Approval of a funding agreement shall not
1969be unreasonably withheld. Any dispute shall be mediated pursuant
1970to s. 120.573. Appropriate transportation mitigation
1971contributions may include public or private funds; the
1972contribution of right-of-way; the construction of a
1973transportation facility or payment for the right-of-way or
1974construction of a transportation facility or service; or the
1975provision of transit service. Such options shall include
1976execution of an enforceable development agreement for projects
1977to be funded by a developer.
1978     (17)  A development may satisfy the concurrency
1979requirements of the local comprehensive plan, the local
1980government's land development regulations, and s. 380.06 by
1981entering into a legally binding commitment to provide mitigation
1982proportionate to the direct impact of the development. A local
1983government may not require a development to pay more than its
1984proportionate-share contribution regardless of the method
1985mitigation.
1986     Section 7.  Paragraph (b) of subsection (1), subsection
1987(4), and paragraph (a) of subsection (6) of section 163.3184,
1988Florida Statutes, are amended to read:
1989     163.3184  Process for adoption of comprehensive plan or
1990plan amendment.--
1991     (1)  DEFINITIONS.--As used in this section, the term:
1992     (b)  "In compliance" means consistent with the requirements
1993of s. ss. 163.3177, 163.31776, when a local government adopts an
1994educational facilities element, 163.3178, 163.3180, 163.3191,
1995and 163.3245, with the state comprehensive plan, with the
1996appropriate strategic regional policy plan, and with chapter 9J-
19975, Florida Administrative Code, where such rule is not
1998inconsistent with this part and with the principles for guiding
1999development in designated areas of critical state concern and
2000with part III of chapter 369, where applicable.
2001     (4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
2002specified in paragraph (3)(a) shall provide comments to the
2003state land planning agency within 30 days after receipt by the
2004state land planning agency of the complete proposed plan
2005amendment. If the plan or plan amendment includes or relates to
2006the public school facilities element pursuant to s. 163.3177
2007163.31776, the state land planning agency shall submit a copy to
2008the Office of Educational Facilities of the Commissioner of
2009Education for review and comment. The appropriate regional
2010planning council shall also provide its written comments to the
2011state land planning agency within 30 days after receipt by the
2012state land planning agency of the complete proposed plan
2013amendment and shall specify any objections, recommendations for
2014modifications, and comments of any other regional agencies to
2015which the regional planning council may have referred the
2016proposed plan amendment. Written comments submitted by the
2017public within 30 days after notice of transmittal by the local
2018government of the proposed plan amendment will be considered as
2019if submitted by governmental agencies. All written agency and
2020public comments must be made part of the file maintained under
2021subsection (2).
2022     (6)  STATE LAND PLANNING AGENCY REVIEW.--
2023     (a)  The state land planning agency may shall review a
2024proposed plan amendment upon request of a regional planning
2025council, affected person, or local government transmitting the
2026plan amendment. The request from the regional planning council
2027or affected person must be received within 30 days after
2028transmittal of the proposed plan amendment pursuant to
2029subsection (3). A regional planning council or affected person
2030requesting a review shall do so by submitting a written request
2031to the agency with a notice of the request to the local
2032government and any other person who has requested notice.
2033     Section 8.  Paragraphs (c) and (l) of subsection (1) of
2034section 163.3187, Florida Statutes, are amended, and paragraph
2035(o) is added to said subsection, to read:
2036     163.3187  Amendment of adopted comprehensive plan.--
2037     (1)  Amendments to comprehensive plans adopted pursuant to
2038this part may be made not more than two times during any
2039calendar year, except:
2040     (c)  Any local government comprehensive plan amendments
2041directly related to proposed small scale development activities
2042may be approved without regard to statutory limits on the
2043frequency of consideration of amendments to the local
2044comprehensive plan. A small scale development amendment may be
2045adopted only under the following conditions:
2046     1.  The proposed amendment involves a use of 10 acres or
2047fewer and:
2048     a.  The cumulative annual effect of the acreage for all
2049small scale development amendments adopted by the local
2050government shall not exceed:
2051     (I)  A maximum of 120 acres in a local government that
2052contains areas specifically designated in the local
2053comprehensive plan for urban infill, urban redevelopment, or
2054downtown revitalization as defined in s. 163.3164, urban infill
2055and redevelopment areas designated under s. 163.2517,
2056transportation concurrency exception areas approved pursuant to
2057s. 163.3180(5), or regional activity centers and urban central
2058business districts approved pursuant to s. 380.06(2)(e);
2059however, amendments under this paragraph may be applied to no
2060more than 60 acres annually of property outside the designated
2061areas listed in this sub-sub-subparagraph. Amendments adopted
2062pursuant to paragraph (k) shall not be counted toward the
2063acreage limitations for small scale amendments under this
2064paragraph.
2065     (II)  A maximum of 80 acres in a local government that does
2066not contain any of the designated areas set forth in sub-sub-
2067subparagraph (I).
2068     (III)  A maximum of 120 acres in a county established
2069pursuant to s. 9, Art. VIII of the State Constitution.
2070     b.  The proposed amendment does not involve the same
2071property granted a change within the prior 12 months.
2072     c.  The proposed amendment does not involve the same
2073owner's property within 200 feet of property granted a change
2074within the prior 12 months.
2075     d.  The proposed amendment does not involve a text change
2076to the goals, policies, and objectives of the local government's
2077comprehensive plan, but only proposes a land use change to the
2078future land use map for a site-specific small scale development
2079activity.
2080     e.  The property that is the subject of the proposed
2081amendment is not located within an area of critical state
2082concern, unless the project subject to the proposed amendment
2083involves the construction of affordable housing units meeting
2084the criteria of s. 420.0004(3), and is located within an area of
2085critical state concern designated by s. 380.0552 or by the
2086Administration Commission pursuant to s. 380.05(1). Such
2087amendment is not subject to the density limitations of sub-
2088subparagraph f., and shall be reviewed by the state land
2089planning agency for consistency with the principles for guiding
2090development applicable to the area of critical state concern
2091where the amendment is located and shall not become effective
2092until a final order is issued under s. 380.05(6).
2093     f.  If the proposed amendment involves a residential land
2094use, the residential land use has a density of 10 units or less
2095per acre, except that this limitation does not apply to small
2096scale amendments involving the construction of affordable
2097housing units meeting the criteria of s. 420.0004(3) on property
2098which will be the subject of a land use restriction agreement or
2099extended use agreement recorded in conjunction with the issuance
2100of tax exempt bond financing or an allocation of federal tax
2101credits issued through the Florida Housing Finance Corporation
2102or a local housing finance authority authorized by the Division
2103of Bond Finance of the State Board of Administration, or small
2104scale amendments described in sub-sub-subparagraph a.(I) that
2105are designated in the local comprehensive plan for urban infill,
2106urban redevelopment, or downtown revitalization as defined in s.
2107163.3164, urban infill and redevelopment areas designated under
2108s. 163.2517, transportation concurrency exception areas approved
2109pursuant to s. 163.3180(5), or regional activity centers and
2110urban central business districts approved pursuant to s.
2111380.06(2)(e).
2112     2.a.  A local government that proposes to consider a plan
2113amendment pursuant to this paragraph is not required to comply
2114with the procedures and public notice requirements of s.
2115163.3184(15)(c) for such plan amendments if the local government
2116complies with the provisions in s. 125.66(4)(a) for a county or
2117in s. 166.041(3)(c) for a municipality. If a request for a plan
2118amendment under this paragraph is initiated by other than the
2119local government, public notice is required.
2120     b.  The local government shall send copies of the notice
2121and amendment to the state land planning agency, the regional
2122planning council, and any other person or entity requesting a
2123copy. This information shall also include a statement
2124identifying any property subject to the amendment that is
2125located within a coastal high hazard area as identified in the
2126local comprehensive plan.
2127     3.  Small scale development amendments adopted pursuant to
2128this paragraph require only one public hearing before the
2129governing board, which shall be an adoption hearing as described
2130in s. 163.3184(7), and are not subject to the requirements of s.
2131163.3184(3)-(6) unless the local government elects to have them
2132subject to those requirements.
2133     (l)  A comprehensive plan amendment to adopt a public
2134educational facilities element pursuant to s. 163.3177 163.31776
2135and future land-use-map amendments for school siting may be
2136approved notwithstanding statutory limits on the frequency of
2137adopting plan amendments.
2138     (o)1.  For municipalities that are more than 90 percent
2139built-out, any municipality's comprehensive plan amendments may
2140be approved without regard to statutory limits on the frequency
2141of consideration of amendments to the local comprehensive plan
2142only if the proposed amendment involves a use of 100 acres or
2143fewer and:
2144     a.  The cumulative annual effect of the acreage for all
2145amendments adopted pursuant to this paragraph does not exceed
2146500 acres.
2147     b.  The proposed amendment does not involve the same
2148property granted a change within the prior 12 months.
2149     c.  The proposed amendment does not involve the same
2150owner's property within 200 feet of property granted a change
2151within the prior 12 months.
2152     d.  The proposed amendment does not involve a text change
2153to the goals, policies, and objectives of the local government's
2154comprehensive plan but only proposes a land use change to the
2155future land use map for a site-specific small scale development
2156activity.
2157     e.  The property that is the subject of the proposed
2158amendment is not located within an area of critical state
2159concern.
2160     2.  For purposes of this paragraph, the term "built-out"
2161means 90 percent of the property within the municipality's
2162boundaries, excluding lands that are designated as conservation,
2163preservation, recreation, or public facilities categories, have
2164been developed, or are the subject of an approved development
2165order that has received a building permit, and the municipality
2166has an average density of 5 units per acre for residential
2167development.
2168     3.a.  A local government that proposes to consider a plan
2169amendment pursuant to this paragraph is not required to comply
2170with the procedures and public notice requirements of s.
2171163.3184(15)(c) for such plan amendments if the local government
2172complies with the provisions of s. 166.041(3)(c). If a request
2173for a plan amendment under this paragraph is initiated by other
2174than the local government, public notice is required.
2175     b.  The local government shall send copies of the notice
2176and amendment to the state land planning agency, the regional
2177planning council, and any other person or entity requesting a
2178copy. This information shall also include a statement
2179identifying any property subject to the amendment that is
2180located within a coastal high hazard area as identified in the
2181local comprehensive plan.
2182     4.  Amendments adopted pursuant to this paragraph require
2183only one public hearing before the governing board, which shall
2184be an adoption hearing as described in s. 163.3184(7), and are
2185not subject to the requirements of s. 163.3184(3)-(6) unless the
2186local government elects to have them subject to those
2187requirements.
2188     5.  This paragraph shall not apply if a municipality
2189annexes unincorporated property that decreases the percentage of
2190build-out to an amount below 90 percent.
2191     5.  A municipality shall notify the state land planning
2192agency in writing of its built-out percentage prior to the
2193submission of any comprehensive plan amendments under this
2194subsection.
2195     Section 9.  Paragraphs (k) and (l) of subsection (2) and
2196subsection (10) of section 163.3191, Florida Statutes, are
2197amended, and paragraph (o) is added to subsection (2) of said
2198section, to read:
2199     163.3191  Evaluation and appraisal of comprehensive plan.--
2200     (2)  The report shall present an evaluation and assessment
2201of the comprehensive plan and shall contain appropriate
2202statements to update the comprehensive plan, including, but not
2203limited to, words, maps, illustrations, or other media, related
2204to:
2205     (k)  The coordination of the comprehensive plan with
2206existing public schools and those identified in the applicable
2207educational facilities plan adopted pursuant to s. 1013.35. The
2208assessment shall address, where relevant, the success or failure
2209of the coordination of the future land use map and associated
2210planned residential development with public schools and their
2211capacities, as well as the joint decisionmaking processes
2212engaged in by the local government and the school board in
2213regard to establishing appropriate population projections and
2214the planning and siting of public school facilities. For
2215counties or municipalities that do not have a public schools
2216interlocal agreement or public school facility element, the
2217assessment shall determine whether the local government
2218continues to meet the criteria of s. 163.3177(12). If the county
2219or municipality determines that it no longer meets the criteria,
2220the county or municipality must adopt appropriate school
2221concurrency goals, objectives, and policies in its plan
2222amendments pursuant to the requirements of the public school
2223facility element and enter into the existing interlocal
2224agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
2225order to fully participate in the school concurrency system If
2226the issues are not relevant, the local government shall
2227demonstrate that they are not relevant.
2228     (l)  The extent to which the local government has been
2229successful in identifying water supply sources, including
2230conservation and reuse, necessary to meet existing and projected
2231water use demand for the comprehensive plan's water supply work
2232plan. The water supply sources evaluated in the report must be
2233consistent with evaluation must consider the appropriate water
2234management district's regional water supply plan approved
2235pursuant to s. 373.0361. The report must evaluate the degree to
2236which the local government has implemented the work plan for
2237water supply facilities included in the potable water element.
2238The potable water element must be revised to include a work
2239plan, covering at least a 10-year planning period, for building
2240any water supply facilities that are identified in the element
2241as necessary to serve existing and new development and for which
2242the local government is responsible.
2243     (o)  The extent to which a concurrency exception area
2244designated pursuant to s. 163.3180(5), a concurrency management
2245area designated pursuant to s. 163.3180(7), or a multimodal
2246district designated pursuant to s. 163.3180(15) has achieved the
2247purposes for which it was created and otherwise complies with
2248the provisions of s. 163.3180.
2249     (10)  The governing body shall amend its comprehensive plan
2250based on the recommendations in the report and shall update the
2251comprehensive plan based on the components of subsection (2),
2252pursuant to the provisions of ss. 163.3184, 163.3187, and
2253163.3189. Amendments to update a comprehensive plan based on the
2254evaluation and appraisal report shall be adopted within 18
2255months after the report is determined to be sufficient by the
2256state land planning agency, except the state land planning
2257agency may grant an extension for adoption of a portion of such
2258amendments. The state land planning agency may grant a 6-month
2259extension for the adoption of such amendments if the request is
2260justified by good and sufficient cause as determined by the
2261agency. An additional extension may also be granted if the
2262request will result in greater coordination between
2263transportation and land use, for the purposes of improving
2264Florida's transportation system, as determined by the agency in
2265coordination with the Metropolitan Planning Organization
2266program. Beginning July 1, 2006, failure to timely adopt
2267updating amendments to the comprehensive plan based on the
2268evaluation and appraisal report shall result in a local
2269government being prohibited from adopting amendments to the
2270comprehensive plan until the evaluation and appraisal report
2271updating amendments have been transmitted to the state land
2272planning agency. The prohibition on plan amendments shall
2273commence when the updating amendments to the comprehensive plan
2274are past due. The comprehensive plan as amended shall be in
2275compliance as defined in s. 163.3184(1)(b). Within 6 months
2276after the effective date of the updating amendments to the
2277comprehensive plan, the local government shall provide to the
2278state land planning agency and to all agencies designated by
2279rule a complete copy of the updated comprehensive plan.
2280     Section 10.  Section 163.3247, Florida Statutes, is created
2281to read:
2282     163.3247  Century Commission for a Sustainable Florida.--
2283     (1)  POPULAR NAME.--This section may be cited as the
2284"Century Commission for a Sustainable Florida Act."
2285     (2)  FINDINGS AND INTENT.--The Legislature finds and
2286declares that the population of this state is expected to more
2287than double over the next 100 years, with commensurate impacts
2288to the state's natural resources and public infrastructure.
2289Consequently, it is in the best interests of the people of the
2290state to ensure sound planning for the proper placement of this
2291growth and protection of the state's land, water, and other
2292natural resources since such resources are essential to our
2293collective quality of life and a strong economy. The state's
2294growth management system should foster economic stability
2295through regional solutions and strategies, urban renewal and
2296infill, and the continued viability of agricultural economies,
2297while allowing for rural economic development and protecting the
2298unique characteristics of rural areas, and should reduce the
2299complexity of the regulatory process while carrying out the
2300intent of the laws and encouraging greater citizen
2301participation.
2302     (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
2303CREATION; ORGANIZATION.--The Century Commission for a
2304Sustainable Florida is created as a standing body to help the
2305citizens of this state envision and plan their collective future
2306with an eye towards both 20-year and 50-year horizons.
2307     (a)  The commission shall consist of nine members, three
2308appointed by the Governor, three appointed by the President of
2309the Senate, and three appointed by the Speaker of the House of
2310Representatives. Appointments shall be made no later than
2311October 1, 2005. The membership must represent local
2312governments, school boards, developers and homebuilders, the
2313business community, the agriculture community, the environmental
2314community, and other appropriate stakeholders. One member shall
2315be designated by the Governor as chair of the commission. Any
2316vacancy that occurs on the commission must be filled in the same
2317manner as the original appointment and shall be for the
2318unexpired term of that commission seat. Members shall serve 4-
2319year terms, except that, initially, to provide for staggered
2320terms, three of the appointees, one each by the Governor, the
2321President of the Senate, and the Speaker of the House of
2322Representatives, shall serve 2-year terms, three shall serve 3-
2323year terms, and three shall serve 4-year terms. All subsequent
2324appointments shall be for 4-year terms. An appointee may not
2325serve more than 6 years.
2326     (b)  The first meeting of the commission shall be held no
2327later than December 1, 2005, and shall meet at the call of the
2328chair but not less frequently than three times per year in
2329different regions of the state to solicit input from the public
2330or any other individuals offering testimony relevant to the
2331issues to be considered.
2332     (c)  Each member of the commission is entitled to one vote
2333and actions of the commission are not binding unless taken by a
2334three-fifths vote of the members present. A majority of the
2335members is required to constitute a quorum, and the affirmative
2336vote of a quorum is required for a binding vote.
2337     (d)  Members of the commission shall serve without
2338compensation but shall be entitled to receive per diem and
2339travel expenses in accordance with s. 112.061 while in
2340performance of their duties.
2341     (4)  POWERS AND DUTIES.--The commission shall:
2342     (a)  Annually conduct a process through which the
2343commission envisions the future for the state and then develops
2344and recommends policies, plans, action steps, or strategies to
2345assist in achieving the vision.
2346     (b)  Continuously review and consider statutory and
2347regulatory provisions, governmental processes, and societal and
2348economic trends in its inquiry of how state, regional, and local
2349governments and entities and citizens of this state can best
2350accommodate projected increased populations while maintaining
2351the natural, historical, cultural, and manmade life qualities
2352that best represent the state.
2353     (c)  Bring together people representing varied interests to
2354develop a shared image of the state and its developed and
2355natural areas. The process should involve exploring the impact
2356of the estimated population increase and other emerging trends
2357and issues; creating a vision for the future; and developing a
2358strategic action plan to achieve that vision using 20-year and
235950-year intermediate planning timeframes.
2360     (d)  Focus on essential state interests, defined as those
2361interests that transcend local or regional boundaries and are
2362most appropriately conserved, protected, and promoted at the
2363state level.
2364     (e)  Serve as an objective, nonpartisan repository of
2365exemplary community-building ideas and as a source to recommend
2366strategies and practices to assist others in working
2367collaboratively to problem solve on issues relating to growth
2368management.
2369     (f)  Annually, beginning January 16, 2007, and every year
2370thereafter on the same date, provide to the Governor, the
2371President of the Senate, and the Speaker of the House of
2372Representatives a written report containing specific
2373recommendations for addressing growth management in the state,
2374including executive and legislative recommendations. Further,
2375the report shall contain discussions regarding the need for
2376intergovernmental cooperation and the balancing of environmental
2377protection and future development and recommendations on issues,
2378including, but not limited to, recommendations regarding
2379dedicated sources of funding for sewer facilities, water supply
2380and quality, transportation facilities that are not adequately
2381addressed by the Strategic Intermodal System, and educational
2382infrastructure to support existing development and projected
2383population growth. This report shall be verbally presented to a
2384joint session of both houses annually as scheduled by the
2385President of the Senate and the Speaker of the House of
2386Representatives.
2387     (g)  Beginning with the 2007 Regular Session of the
2388Legislature, the President of the Senate and Speaker of the
2389House of Representatives shall create a joint select committee,
2390the task of which shall be to review the findings and
2391recommendations of the Century Commission for a Sustainable
2392Florida for potential action.
2393     (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
2394     (a)  The Secretary of Community Affairs shall select an
2395executive director of the commission, and the executive director
2396shall serve at the pleasure of the secretary under the
2397supervision and control of the commission.
2398     (b)  The Department of Community Affairs shall provide
2399staff and other resources necessary to accomplish the goals of
2400the commission based upon recommendations of the Governor.
2401     (c)  All agencies under the control of the Governor are
2402directed, and all other agencies are requested, to render
2403assistance to, and cooperate with, the commission.
2404     Section 11.  Paragraph (d) of subsection (1) of section
2405201.15, Florida Statutes, is amended to read:
2406     201.15  Distribution of taxes collected.--All taxes
2407collected under this chapter shall be distributed as follows and
2408shall be subject to the service charge imposed in s. 215.20(1),
2409except that such service charge shall not be levied against any
2410portion of taxes pledged to debt service on bonds to the extent
2411that the amount of the service charge is required to pay any
2412amounts relating to the bonds:
2413     (1)  Sixty-two and sixty-three hundredths percent of the
2414remaining taxes collected under this chapter shall be used for
2415the following purposes:
2416     (d)  The remainder of the moneys distributed under this
2417subsection, after the required payments under paragraphs (a),
2418(b), and (c), shall be paid into the State Treasury to the
2419credit of the State Transportation Trust Fund in the Department
2420of Transportation in the amount of $566.75 million each fiscal
2421year to be paid in quarterly installments and allocated for the
2422following specified purposes notwithstanding any other provision
2423of law:
2424     1.  New Starts Transit Program pursuant to s. 341.051, $50
2425million for fiscal year 2005-2006, $65 million for fiscal year
24262006-2007, $70 million each fiscal year for fiscal years 2007-
24272008 through 2009-2010, $80 million for fiscal year 2010-2011
2428and each fiscal year thereafter.
2429     2.  Small County Outreach Program pursuant to s. 339.2818,
2430$35 million for each fiscal year for fiscal years 2005-2006
2431through 2009-2010, $45 million for fiscal year 2010-2011 and
2432each fiscal year thereafter.
2433     3.  Transportation Incentive Program for a Sustainable
2434Florida pursuant to s. 339.28171 $161.75, million for fiscal
2435year 2006-2007, $150 million for fiscal year 2007-2008 and each
2436fiscal year thereafter.
2437     4.  Strategic Intermodal System pursuant to s. 339.64, all
2438remaining funds after allocations are made for subparagraphs 1.
2439through 3. The remainder of the moneys distributed under this
2440subsection, after the required payments under paragraphs (a),
2441(b), and (c), shall be paid into the State Treasury to the
2442credit of the General Revenue Fund of the state to be used and
2443expended for the purposes for which the General Revenue Fund was
2444created and exists by law or to the Ecosystem Management and
2445Restoration Trust Fund or to the Marine Resources Conservation
2446Trust Fund as provided in subsection (11).
2447     Section 12.  Subsection (3) of section 215.211, Florida
2448Statutes, is amended to read:
2449     215.211  Service charge; elimination or reduction for
2450specified proceeds.--
2451     (3)  Notwithstanding the provisions of s. 215.20(1), the
2452service charge provided in s. 215.20(1), which is deducted from
2453the proceeds of the local option fuel tax distributed under s.
2454336.025, shall be reduced as follows:
2455     (a)  For the period July 1, 2005, through June 30, 2006,
2456the rate of the service charge shall be 3.5 percent.
2457     (b)  Beginning July 1, 2006, and thereafter, no service
2458charge shall be deducted from the proceeds of the local option
2459fuel tax distributed under s. 336.025.
2460
2461The increased revenues derived from this subsection shall be
2462deposited in the State Transportation Trust Fund and used to
2463fund the Transportation Incentive Program for a Sustainable
2464Florida County Incentive Grant Program and the Small County
2465Outreach Program. Up to 20 percent of such funds shall be used
2466for the purpose of implementing the Small County Outreach
2467Program created pursuant to s. 339.2818 as provided in this act.
2468Notwithstanding any other laws to the contrary, the requirements
2469of ss. 339.135, 339.155, and 339.175 shall not apply to these
2470funds and programs.
2471     Section 13.  Section 337.107, Florida Statutes, is amended
2472to read:
2473     337.107  Contracts for right-of-way services.--The
2474department may enter into contracts pursuant to s. 287.055 for
2475right-of-way services on transportation corridors and
2476transportation facilities or the department may include right-
2477of-way services as part of design-build contracts awarded
2478pursuant to s. 337.11. Right-of-way services include negotiation
2479and acquisition services, appraisal services, demolition and
2480removal of improvements, and asbestos-abatement services.
2481     Section 14.  Paragraph (a) of subsection (7) of section
2482337.11, Florida Statutes, as amended by chapter 2002-20, Laws of
2483Florida, is amended to read:
2484     337.11  Contracting authority of department; bids;
2485emergency repairs, supplemental agreements, and change orders;
2486combined design and construction contracts; progress payments;
2487records; requirements of vehicle registration.--
2488     (7)(a)  If the head of the department determines that it is
2489in the best interests of the public, the department may combine
2490the right-of-way services and design and construction phases of
2491any a building, a major bridge, a limited access facility, or a
2492rail corridor project into a single contract, except for a
2493resurfacing or minor bridge project the right-of-way services
2494and design construction phases of which may be combined under s.
2495337.025. Such contract is referred to as a design-build
2496contract. Design-build contracts may be advertised and awarded
2497notwithstanding the requirements of paragraph (3)(c). However,
2498construction activities may not begin on any portion of such
2499projects for which the department has not yet obtained title
2500until title to the necessary rights-of-way and easements for the
2501construction of that portion of the project has vested in the
2502state or a local governmental entity and all railroad crossing
2503and utility agreements have been executed. Title to rights-of-
2504way shall be deemed to have vested in the state when the title
2505has been dedicated to the public or acquired by prescription.
2506Design-build contracts may be advertised and awarded
2507notwithstanding the requirements of paragraph (3)(c). However,
2508construction activities may not begin on any portion of such
2509projects until title to the necessary rights-of-way and
2510easements for the construction of that portion of the project
2511has vested in the state or a local governmental entity and all
2512railroad crossing and utility agreements have been executed.
2513Title to rights-of-way vests in the state when the title has
2514been dedicated to the public or acquired by prescription.
2515     Section 15.  Paragraph (j) of subsection (1) of section
2516339.08, Florida Statutes, is amended, and paragraph (m) of said
2517subsection is redesignated as paragraph (n) and new paragraph
2518(m) is added to said subsection, to read:
2519     339.08  Use of moneys in State Transportation Trust Fund.--
2520     (1)  The department shall expend moneys in the State
2521Transportation Trust Fund accruing to the department, in
2522accordance with its annual budget. The use of such moneys shall
2523be restricted to the following purposes:
2524     (j)  To pay the cost of county or municipal road projects
2525selected in accordance with the County Incentive Grant Program
2526created in s. 339.2817 and the Small County Outreach Program
2527created in s. 339.2818.
2528     (m)  To pay the cost of transportation projects selected in
2529accordance with the Transportation Incentive Program for a
2530Sustainable Florida created in s. 339.28171.
2531     Section 16.  Paragraph (b) of subsection (4) of section
2532339.135, Florida Statutes, is amended to read:
2533     339.135  Work program; legislative budget request;
2534definitions; preparation, adoption, execution, and amendment.--
2535     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
2536     (b)1.  A tentative work program, including the ensuing
2537fiscal year and the successive 4 fiscal years, shall be prepared
2538for the State Transportation Trust Fund and other funds managed
2539by the department, unless otherwise provided by law. The
2540tentative work program shall be based on the district work
2541programs and shall set forth all projects by phase to be
2542undertaken during the ensuing fiscal year and planned for the
2543successive 4 fiscal years. The total amount of the liabilities
2544accruing in each fiscal year of the tentative work program may
2545not exceed the revenues available for expenditure during the
2546respective fiscal year based on the cash forecast for that
2547respective fiscal year.
2548     2.  The tentative work program shall be developed in
2549accordance with the Florida Transportation Plan required in s.
2550339.155 and must comply with the program funding levels
2551contained in the program and resource plan.
2552     3.  The department may include in the tentative work
2553program proposed changes to the programs contained in the
2554previous work program adopted pursuant to subsection (5);
2555however, the department shall minimize changes and adjustments
2556that affect the scheduling of project phases in the 4 common
2557fiscal years contained in the previous adopted work program and
2558the tentative work program. The department, in the development
2559of the tentative work program, shall advance by 1 fiscal year
2560all projects included in the second year of the previous year's
2561adopted work program, unless the secretary specifically
2562determines that it is necessary, for specific reasons, to
2563reschedule or delete one or more projects from that year. Such
2564changes and adjustments shall be clearly identified, and the
2565effect on the 4 common fiscal years contained in the previous
2566adopted work program and the tentative work program shall be
2567shown. It is the intent of the Legislature that the first 5
2568years of the adopted work program for facilities designated as
2569part of the Florida Intrastate Highway System and the first 3
2570years of the adopted work program stand as the commitment of the
2571state to undertake transportation projects that local
2572governments may rely on for planning and concurrency purposes
2573and in the development and amendment of the capital improvements
2574elements of their local government comprehensive plans.
2575     4.  The tentative work program must include a balanced 36-
2576month forecast of cash and expenditures and a 5-year finance
2577plan supporting the tentative work program.
2578     Section 17.  Paragraphs (c), (d), and (e) are added to
2579subsection (5) of section 339.155, Florida Statutes, to read:
2580     339.155  Transportation planning.--
2581     (5)  ADDITIONAL TRANSPORTATION PLANS.--
2582     (c)  Regional transportation plans may be developed in
2583regional transportation areas in accordance with an interlocal
2584agreement entered into pursuant to s. 163.01 by the department
2585and two or more contiguous metropolitan planning organizations,
2586one or more metropolitan planning organizations and one or more
2587contiguous counties that are not members of a metropolitan
2588planning organization, a multicounty regional transportation
2589authority created by or pursuant to law, two or more contiguous
2590counties that are not members of a metropolitan planning
2591organization, or metropolitan planning organizations comprised
2592of three or more counties.
2593     (d)  The department shall develop a model draft interlocal
2594agreement that, at a minimum, shall identify the entity that
2595will coordinate the development of the regional transportation
2596plan; delineate the boundaries of the regional transportation
2597area; provide the duration of the agreement and specify how the
2598agreement may be terminated, modified, or rescinded; describe
2599the process by which the regional transportation plan will be
2600developed; and provide how members of the entity will resolve
2601disagreements regarding interpretation of the interlocal
2602agreement or disputes relating to the development or content of
2603the regional transportation plan. The designated entity shall
2604coordinate the adoption of the interlocal agreement using as its
2605framework the department model. Such interlocal agreement shall
2606become effective upon approval by supermajority vote of the
2607affected local governments.
2608     (e)  The regional transportation plan developed pursuant to
2609this section shall, at a minimum, identify regionally
2610significant transportation facilities located within a regional
2611transportation area, and recommend a list to the department for
2612prioritization. The project shall be adopted into the capital
2613improvements schedule of the local government comprehensive plan
2614pursuant to s. 163. 3177(3).
2615     Section 18.  Section 339.175, Florida Statutes, is amended
2616to read:
2617     339.175  Metropolitan planning organization.--It is the
2618intent of the Legislature to encourage and promote the safe and
2619efficient management, operation, and development of surface
2620transportation systems that will serve the mobility needs of
2621people and freight within and through urbanized areas of this
2622state while minimizing transportation-related fuel consumption
2623and air pollution. To accomplish these objectives, metropolitan
2624planning organizations, referred to in this section as M.P.O.'s,
2625shall develop, in cooperation with the state and public transit
2626operators, transportation plans and programs for metropolitan
2627areas. The plans and programs for each metropolitan area must
2628provide for the development and integrated management and
2629operation of transportation systems and facilities, including
2630pedestrian walkways and bicycle transportation facilities that
2631will function as an intermodal transportation system for the
2632metropolitan area, based upon the prevailing principles provided
2633in s. 334.046(1). The process for developing such plans and
2634programs shall provide for consideration of all modes of
2635transportation and shall be continuing, cooperative, and
2636comprehensive, to the degree appropriate, based on the
2637complexity of the transportation problems to be addressed. To
2638ensure that the process is integrated with the statewide
2639planning process, M.P.O.'s shall develop plans and programs that
2640identify transportation facilities that should function as an
2641integrated metropolitan transportation system, giving emphasis
2642to facilities that serve important national, state, and regional
2643transportation functions. For the purposes of this section,
2644those facilities include the facilities on the Strategic
2645Intermodal System designated under s. 339.63 and facilities for
2646which projects have been identified pursuant to s. 339.28171.
2647     (1)  DESIGNATION.--
2648     (a)1.  An M.P.O. shall be designated for each urbanized
2649area of the state; however, this does not require that an
2650individual M.P.O. be designated for each such area. Such
2651designation shall be accomplished by agreement between the
2652Governor and units of general-purpose local government
2653representing at least 75 percent of the population of the
2654urbanized area; however, the unit of general-purpose local
2655government that represents the central city or cities within the
2656M.P.O. jurisdiction, as defined by the United States Bureau of
2657the Census, must be a party to such agreement.
2658     2.  More than one M.P.O. may be designated within an
2659existing metropolitan planning area only if the Governor and the
2660existing M.P.O. determine that the size and complexity of the
2661existing metropolitan planning area makes the designation of
2662more than one M.P.O. for the area appropriate.
2663     (b)  Each M.P.O. shall be created and operated under the
2664provisions of this section pursuant to an interlocal agreement
2665entered into pursuant to s. 163.01. The signatories to the
2666interlocal agreement shall be the department and the
2667governmental entities designated by the Governor for membership
2668on the M.P.O. If there is a conflict between this section and s.
2669163.01, this section prevails.
2670     (c)  The jurisdictional boundaries of an M.P.O. shall be
2671determined by agreement between the Governor and the applicable
2672M.P.O. The boundaries must include at least the metropolitan
2673planning area, which is the existing urbanized area and the
2674contiguous area expected to become urbanized within a 20-year
2675forecast period, and may encompass the entire metropolitan
2676statistical area or the consolidated metropolitan statistical
2677area.
2678     (d)  In the case of an urbanized area designated as a
2679nonattainment area for ozone or carbon monoxide under the Clean
2680Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
2681metropolitan planning area in existence as of the date of
2682enactment of this paragraph shall be retained, except that the
2683boundaries may be adjusted by agreement of the Governor and
2684affected metropolitan planning organizations in the manner
2685described in this section. If more than one M.P.O. has authority
2686within a metropolitan area or an area that is designated as a
2687nonattainment area, each M.P.O. shall consult with other
2688M.P.O.'s designated for such area and with the state in the
2689coordination of plans and programs required by this section.
2690
2691Each M.P.O. required under this section must be fully operative
2692no later than 6 months following its designation.
2693     (2)  VOTING MEMBERSHIP.--
2694     (a)  The voting membership of an M.P.O. shall consist of
2695not fewer than 5 or more than 19 apportioned members, the exact
2696number to be determined on an equitable geographic-population
2697ratio basis by the Governor, based on an agreement among the
2698affected units of general-purpose local government as required
2699by federal rules and regulations. The Governor, in accordance
2700with 23 U.S.C. s. 134, may also provide for M.P.O. members who
2701represent municipalities to alternate with representatives from
2702other municipalities within the metropolitan planning area that
2703do not have members on the M.P.O. County commission members
2704shall compose not less than one-third of the M.P.O. membership,
2705except for an M.P.O. with more than 15 members located in a
2706county with a five-member county commission or an M.P.O. with 19
2707members located in a county with no more than 6 county
2708commissioners, in which case county commission members may
2709compose less than one-third percent of the M.P.O. membership,
2710but all county commissioners must be members. All voting members
2711shall be elected officials of general-purpose governments,
2712except that an M.P.O. may include, as part of its apportioned
2713voting members, a member of a statutorily authorized planning
2714board, an official of an agency that operates or administers a
2715major mode of transportation, or an official of the Florida
2716Space Authority. The county commission shall compose not less
2717than 20 percent of the M.P.O. membership if an official of an
2718agency that operates or administers a major mode of
2719transportation has been appointed to an M.P.O.
2720     (b)  In metropolitan areas in which authorities or other
2721agencies have been or may be created by law to perform
2722transportation functions and are performing transportation
2723functions that are not under the jurisdiction of a general
2724purpose local government represented on the M.P.O., they shall
2725be provided voting membership on the M.P.O. In all other
2726M.P.O.'s where transportation authorities or agencies are to be
2727represented by elected officials from general purpose local
2728governments, the M.P.O. shall establish a process by which the
2729collective interests of such authorities or other agencies are
2730expressed and conveyed.
2731     (c)  Any other provision of this section to the contrary
2732notwithstanding, a chartered county with over 1 million
2733population may elect to reapportion the membership of an M.P.O.
2734whose jurisdiction is wholly within the county. The charter
2735county may exercise the provisions of this paragraph if:
2736     1.  The M.P.O. approves the reapportionment plan by a
2737three-fourths vote of its membership;
2738     2.  The M.P.O. and the charter county determine that the
2739reapportionment plan is needed to fulfill specific goals and
2740policies applicable to that metropolitan planning area; and
2741     3.  The charter county determines the reapportionment plan
2742otherwise complies with all federal requirements pertaining to
2743M.P.O. membership.
2744
2745Any charter county that elects to exercise the provisions of
2746this paragraph shall notify the Governor in writing.
2747     (d)  Any other provision of this section to the contrary
2748notwithstanding, any county chartered under s. 6(e), Art. VIII
2749of the State Constitution may elect to have its county
2750commission serve as the M.P.O., if the M.P.O. jurisdiction is
2751wholly contained within the county. Any charter county that
2752elects to exercise the provisions of this paragraph shall so
2753notify the Governor in writing. Upon receipt of such
2754notification, the Governor must designate the county commission
2755as the M.P.O. The Governor must appoint four additional voting
2756members to the M.P.O., one of whom must be an elected official
2757representing a municipality within the county, one of whom must
2758be an expressway authority member, one of whom must be a person
2759who does not hold elected public office and who resides in the
2760unincorporated portion of the county, and one of whom must be a
2761school board member.
2762     (3)  APPORTIONMENT.--
2763     (a)  The Governor shall, with the agreement of the affected
2764units of general-purpose local government as required by federal
2765rules and regulations, apportion the membership on the
2766applicable M.P.O. among the various governmental entities within
2767the area and shall prescribe a method for appointing alternate
2768members who may vote at any M.P.O. meeting that an alternate
2769member attends in place of a regular member. An appointed
2770alternate member must be an elected official serving the same
2771governmental entity or a general-purpose local government with
2772jurisdiction within all or part of the area that the regular
2773member serves. The governmental entity so designated shall
2774appoint the appropriate number of members to the M.P.O. from
2775eligible officials. Representatives of the department shall
2776serve as nonvoting members of the M.P.O. Nonvoting advisers may
2777be appointed by the M.P.O. as deemed necessary. The Governor
2778shall review the composition of the M.P.O. membership in
2779conjunction with the decennial census as prepared by the United
2780States Department of Commerce, Bureau of the Census, and
2781reapportion it as necessary to comply with subsection (2).
2782     (b)  Except for members who represent municipalities on the
2783basis of alternating with representatives from other
2784municipalities that do not have members on the M.P.O. as
2785provided in paragraph (2)(a), the members of an M.P.O. shall
2786serve 4-year terms. Members who represent municipalities on the
2787basis of alternating with representatives from other
2788municipalities that do not have members on the M.P.O. as
2789provided in paragraph (2)(a) may serve terms of up to 4 years as
2790further provided in the interlocal agreement described in
2791paragraph (1)(b). The membership of a member who is a public
2792official automatically terminates upon the member's leaving his
2793or her elective or appointive office for any reason, or may be
2794terminated by a majority vote of the total membership of a
2795county or city governing entity represented by the member. A
2796vacancy shall be filled by the original appointing entity. A
2797member may be reappointed for one or more additional 4-year
2798terms.
2799     (c)  If a governmental entity fails to fill an assigned
2800appointment to an M.P.O. within 60 days after notification by
2801the Governor of its duty to appoint, that appointment shall be
2802made by the Governor from the eligible representatives of that
2803governmental entity.
2804     (4)  AUTHORITY AND RESPONSIBILITY.--The authority and
2805responsibility of an M.P.O. is to manage a continuing,
2806cooperative, and comprehensive transportation planning process
2807that, based upon the prevailing principles provided in s.
2808334.046(1), results in the development of plans and programs
2809which are consistent, to the maximum extent feasible, with the
2810approved local government comprehensive plans of the units of
2811local government the boundaries of which are within the
2812metropolitan area of the M.P.O. An M.P.O. shall be the forum for
2813cooperative decisionmaking by officials of the affected
2814governmental entities in the development of the plans and
2815programs required by subsections (5), (6), (7), and (8).
2816     (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
2817privileges, and authority of an M.P.O. are those specified in
2818this section or incorporated in an interlocal agreement
2819authorized under s. 163.01. Each M.P.O. shall perform all acts
2820required by federal or state laws or rules, now and subsequently
2821applicable, which are necessary to qualify for federal aid. It
2822is the intent of this section that each M.P.O. shall be involved
2823in the planning and programming of transportation facilities,
2824including, but not limited to, airports, intercity and high-
2825speed rail lines, seaports, and intermodal facilities, to the
2826extent permitted by state or federal law.
2827     (a)  Each M.P.O. shall, in cooperation with the department,
2828develop:
2829     1.  A long-range transportation plan pursuant to the
2830requirements of subsection (6);
2831     2.  An annually updated transportation improvement program
2832pursuant to the requirements of subsection (7); and
2833     3.  An annual unified planning work program pursuant to the
2834requirements of subsection (8).
2835     (b)  In developing the long-range transportation plan and
2836the transportation improvement program required under paragraph
2837(a), each M.P.O. shall provide for consideration of projects and
2838strategies that will:
2839     1.  Support the economic vitality of the metropolitan area,
2840especially by enabling global competitiveness, productivity, and
2841efficiency;
2842     2.  Increase the safety and security of the transportation
2843system for motorized and nonmotorized users;
2844     3.  Increase the accessibility and mobility options
2845available to people and for freight;
2846     4.  Protect and enhance the environment, promote energy
2847conservation, and improve quality of life;
2848     5.  Enhance the integration and connectivity of the
2849transportation system, across and between modes, for people and
2850freight;
2851     6.  Promote efficient system management and operation; and
2852     7.  Emphasize the preservation of the existing
2853transportation system.
2854     (c)  In order to provide recommendations to the department
2855and local governmental entities regarding transportation plans
2856and programs, each M.P.O. shall:
2857     1.  Prepare a congestion management system for the
2858metropolitan area and cooperate with the department in the
2859development of all other transportation management systems
2860required by state or federal law;
2861     2.  Assist the department in mapping transportation
2862planning boundaries required by state or federal law;
2863     3.  Assist the department in performing its duties relating
2864to access management, functional classification of roads, and
2865data collection;
2866     4.  Execute all agreements or certifications necessary to
2867comply with applicable state or federal law;
2868     5.  Represent all the jurisdictional areas within the
2869metropolitan area in the formulation of transportation plans and
2870programs required by this section; and
2871     6.  Perform all other duties required by state or federal
2872law.
2873     (d)  Each M.P.O. shall appoint a technical advisory
2874committee that includes planners; engineers; representatives of
2875local aviation authorities, port authorities, and public transit
2876authorities or representatives of aviation departments, seaport
2877departments, and public transit departments of municipal or
2878county governments, as applicable; the school superintendent of
2879each county within the jurisdiction of the M.P.O. or the
2880superintendent's designee; and other appropriate representatives
2881of affected local governments. In addition to any other duties
2882assigned to it by the M.P.O. or by state or federal law, the
2883technical advisory committee is responsible for considering safe
2884access to schools in its review of transportation project
2885priorities, long-range transportation plans, and transportation
2886improvement programs, and shall advise the M.P.O. on such
2887matters. In addition, the technical advisory committee shall
2888coordinate its actions with local school boards and other local
2889programs and organizations within the metropolitan area which
2890participate in school safety activities, such as locally
2891established community traffic safety teams. Local school boards
2892must provide the appropriate M.P.O. with information concerning
2893future school sites and in the coordination of transportation
2894service.
2895     (e)1.  Each M.P.O. shall appoint a citizens' advisory
2896committee, the members of which serve at the pleasure of the
2897M.P.O. The membership on the citizens' advisory committee must
2898reflect a broad cross section of local residents with an
2899interest in the development of an efficient, safe, and cost-
2900effective transportation system. Minorities, the elderly, and
2901the handicapped must be adequately represented.
2902     2.  Notwithstanding the provisions of subparagraph 1., an
2903M.P.O. may, with the approval of the department and the
2904applicable federal governmental agency, adopt an alternative
2905program or mechanism to ensure citizen involvement in the
2906transportation planning process.
2907     (f)  The department shall allocate to each M.P.O., for the
2908purpose of accomplishing its transportation planning and
2909programming duties, an appropriate amount of federal
2910transportation planning funds.
2911     (g)  Each M.P.O. may employ personnel or may enter into
2912contracts with local or state agencies, private planning firms,
2913or private engineering firms to accomplish its transportation
2914planning and programming duties required by state or federal
2915law.
2916     (h)  A chair's coordinating committee is created, composed
2917of the M.P.O.'s serving Hernando, Hillsborough, Manatee, Pasco,
2918Pinellas, Polk, and Sarasota Counties. The committee must, at a
2919minimum:
2920     1.  Coordinate transportation projects deemed to be
2921regionally significant by the committee.
2922     2.  Review the impact of regionally significant land use
2923decisions on the region.
2924     3.  Review all proposed regionally significant
2925transportation projects in the respective transportation
2926improvement programs which affect more than one of the M.P.O.'s
2927represented on the committee.
2928     4.  Institute a conflict resolution process to address any
2929conflict that may arise in the planning and programming of such
2930regionally significant projects.
2931     (i)1.  The Legislature finds that the state's rapid growth
2932in recent decades has caused many urbanized areas subject to
2933M.P.O. jurisdiction to become contiguous to each other. As a
2934result, various transportation projects may cross from the
2935jurisdiction of one M.P.O. into the jurisdiction of another
2936M.P.O. To more fully accomplish the purposes for which M.P.O.'s
2937have been mandated, M.P.O.'s shall develop coordination
2938mechanisms with one another to expand and improve transportation
2939within the state. The appropriate method of coordination between
2940M.P.O.'s shall vary depending upon the project involved and
2941given local and regional needs. Consequently, it is appropriate
2942to set forth a flexible methodology that can be used by M.P.O.'s
2943to coordinate with other M.P.O.'s and appropriate political
2944subdivisions as circumstances demand.
2945     2.  Any M.P.O. may join with any other M.P.O. or any
2946individual political subdivision to coordinate activities or to
2947achieve any federal or state transportation planning or
2948development goals or purposes consistent with federal or state
2949law. When an M.P.O. determines that it is appropriate to join
2950with another M.P.O. or any political subdivision to coordinate
2951activities, the M.P.O. or political subdivision shall enter into
2952an interlocal agreement pursuant to s. 163.01, which, at a
2953minimum, creates a separate legal or administrative entity to
2954coordinate the transportation planning or development activities
2955required to achieve the goal or purpose; provide the purpose for
2956which the entity is created; provide the duration of the
2957agreement and the entity, and specify how the agreement may be
2958terminated, modified, or rescinded; describe the precise
2959organization of the entity, including who has voting rights on
2960the governing board, whether alternative voting members are
2961provided for, how voting members are appointed, and what the
2962relative voting strength is for each constituent M.P.O. or
2963political subdivision; provide the manner in which the parties
2964to the agreement will provide for the financial support of the
2965entity and payment of costs and expenses of the entity; provide
2966the manner in which funds may be paid to and disbursed from the
2967entity; and provide how members of the entity will resolve
2968disagreements regarding interpretation of the interlocal
2969agreement or disputes relating to the operation of the entity.
2970Such interlocal agreement shall become effective upon its
2971recordation in the official public records of each county in
2972which a member of the entity created by the interlocal agreement
2973has a voting member. This paragraph does not require any
2974M.P.O.'s to merge, combine, or otherwise join together as a
2975single M.P.O.
2976     (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
2977develop a long-range transportation plan that addresses at least
2978a 20-year planning horizon. The plan must include both long-
2979range and short-range strategies and must comply with all other
2980state and federal requirements. The prevailing principles to be
2981considered in the long-range transportation plan are: preserving
2982the existing transportation infrastructure; enhancing Florida's
2983economic competitiveness; and improving travel choices to ensure
2984mobility. The long-range transportation plan must be consistent,
2985to the maximum extent feasible, with future land use elements
2986and the goals, objectives, and policies of the approved local
2987government comprehensive plans of the units of local government
2988located within the jurisdiction of the M.P.O. The approved long-
2989range transportation plan must be considered by local
2990governments in the development of the transportation elements in
2991local government comprehensive plans and any amendments thereto.
2992The long-range transportation plan must, at a minimum:
2993     (a)  Identify transportation facilities, including, but not
2994limited to, major roadways, airports, seaports, spaceports,
2995commuter rail systems, transit systems, and intermodal or
2996multimodal terminals that will function as an integrated
2997metropolitan transportation system. The long-range
2998transportation plan must give emphasis to those transportation
2999facilities that serve national, statewide, or regional
3000functions, and must consider the goals and objectives identified
3001in the Florida Transportation Plan as provided in s. 339.155. If
3002a project is located within the boundaries of more than one
3003M.P.O., the M.P.O.'s must coordinate plans regarding the project
3004in the long-range transportation plan.
3005     (b)  Include a financial plan that demonstrates how the
3006plan can be implemented, indicating resources from public and
3007private sources which are reasonably expected to be available to
3008carry out the plan, and recommends any additional financing
3009strategies for needed projects and programs. The financial plan
3010may include, for illustrative purposes, additional projects that
3011would be included in the adopted long-range transportation plan
3012if reasonable additional resources beyond those identified in
3013the financial plan were available. For the purpose of developing
3014the long-range transportation plan, the M.P.O. and the
3015department shall cooperatively develop estimates of funds that
3016will be available to support the plan implementation. Innovative
3017financing techniques may be used to fund needed projects and
3018programs. Such techniques may include the assessment of tolls,
3019the use of value capture financing, or the use of value pricing.
3020     (c)  Assess capital investment and other measures necessary
3021to:
3022     1.  Ensure the preservation of the existing metropolitan
3023transportation system including requirements for the operation,
3024resurfacing, restoration, and rehabilitation of major roadways
3025and requirements for the operation, maintenance, modernization,
3026and rehabilitation of public transportation facilities; and
3027     2.  Make the most efficient use of existing transportation
3028facilities to relieve vehicular congestion and maximize the
3029mobility of people and goods.
3030     (d)  Indicate, as appropriate, proposed transportation
3031enhancement activities, including, but not limited to,
3032pedestrian and bicycle facilities, scenic easements,
3033landscaping, historic preservation, mitigation of water
3034pollution due to highway runoff, and control of outdoor
3035advertising.
3036     (e)  In addition to the requirements of paragraphs (a)-(d),
3037in metropolitan areas that are classified as nonattainment areas
3038for ozone or carbon monoxide, the M.P.O. must coordinate the
3039development of the long-range transportation plan with the State
3040Implementation Plan developed pursuant to the requirements of
3041the federal Clean Air Act.
3042
3043In the development of its long-range transportation plan, each
3044M.P.O. must provide the public, affected public agencies,
3045representatives of transportation agency employees, freight
3046shippers, providers of freight transportation services, private
3047providers of transportation, representatives of users of public
3048transit, and other interested parties with a reasonable
3049opportunity to comment on the long-range transportation plan.
3050The long-range transportation plan must be approved by the
3051M.P.O.
3052     (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
3053shall, in cooperation with the state and affected public
3054transportation operators, develop a transportation improvement
3055program for the area within the jurisdiction of the M.P.O. In
3056the development of the transportation improvement program, each
3057M.P.O. must provide the public, affected public agencies,
3058representatives of transportation agency employees, freight
3059shippers, providers of freight transportation services, private
3060providers of transportation, representatives of users of public
3061transit, and other interested parties with a reasonable
3062opportunity to comment on the proposed transportation
3063improvement program.
3064     (a)  Each M.P.O. is responsible for developing, annually, a
3065list of project priorities and a transportation improvement
3066program. The prevailing principles to be considered by each
3067M.P.O. when developing a list of project priorities and a
3068transportation improvement program are: preserving the existing
3069transportation infrastructure; enhancing Florida's economic
3070competitiveness; and improving travel choices to ensure
3071mobility. The transportation improvement program will be used to
3072initiate federally aided transportation facilities and
3073improvements as well as other transportation facilities and
3074improvements including transit, rail, aviation, spaceport, and
3075port facilities to be funded from the State Transportation Trust
3076Fund within its metropolitan area in accordance with existing
3077and subsequent federal and state laws and rules and regulations
3078related thereto. The transportation improvement program shall be
3079consistent, to the maximum extent feasible, with the approved
3080local government comprehensive plans of the units of local
3081government whose boundaries are within the metropolitan area of
3082the M.P.O. and include those projects programmed pursuant to s.
3083339.28171.
3084     (b)  Each M.P.O. annually shall prepare a list of project
3085priorities and shall submit the list to the appropriate district
3086of the department by October 1 of each year; however, the
3087department and a metropolitan planning organization may, in
3088writing, agree to vary this submittal date. The list of project
3089priorities must be formally reviewed by the technical and
3090citizens' advisory committees, and approved by the M.P.O.,
3091before it is transmitted to the district. The approved list of
3092project priorities must be used by the district in developing
3093the district work program and must be used by the M.P.O. in
3094developing its transportation improvement program. The annual
3095list of project priorities must be based upon project selection
3096criteria that, at a minimum, consider the following:
3097     1.  The approved M.P.O. long-range transportation plan;
3098     2.  The Strategic Intermodal System Plan developed under s.
3099339.64;.
3100     3.  The priorities developed pursuant to s. 339.28171;
3101     4.3.  The results of the transportation management systems;
3102and
3103     5.4.  The M.P.O.'s public-involvement procedures.
3104     (c)  The transportation improvement program must, at a
3105minimum:
3106     1.  Include projects and project phases to be funded with
3107state or federal funds within the time period of the
3108transportation improvement program and which are recommended for
3109advancement during the next fiscal year and 4 subsequent fiscal
3110years. Such projects and project phases must be consistent, to
3111the maximum extent feasible, with the approved local government
3112comprehensive plans of the units of local government located
3113within the jurisdiction of the M.P.O. For informational
3114purposes, the transportation improvement program shall also
3115include a list of projects to be funded from local or private
3116revenues.
3117     2.  Include projects within the metropolitan area which are
3118proposed for funding under 23 U.S.C. s. 134 of the Federal
3119Transit Act and which are consistent with the long-range
3120transportation plan developed under subsection (6).
3121     3.  Provide a financial plan that demonstrates how the
3122transportation improvement program can be implemented; indicates
3123the resources, both public and private, that are reasonably
3124expected to be available to accomplish the program; identifies
3125any innovative financing techniques that may be used to fund
3126needed projects and programs; and may include, for illustrative
3127purposes, additional projects that would be included in the
3128approved transportation improvement program if reasonable
3129additional resources beyond those identified in the financial
3130plan were available. Innovative financing techniques may include
3131the assessment of tolls, the use of value capture financing, or
3132the use of value pricing. The transportation improvement program
3133may include a project or project phase only if full funding can
3134reasonably be anticipated to be available for the project or
3135project phase within the time period contemplated for completion
3136of the project or project phase.
3137     4.  Group projects and project phases of similar urgency
3138and anticipated staging into appropriate staging periods.
3139     5.  Indicate how the transportation improvement program
3140relates to the long-range transportation plan developed under
3141subsection (6), including providing examples of specific
3142projects or project phases that further the goals and policies
3143of the long-range transportation plan.
3144     6.  Indicate whether any project or project phase is
3145inconsistent with an approved comprehensive plan of a unit of
3146local government located within the jurisdiction of the M.P.O.
3147If a project is inconsistent with an affected comprehensive
3148plan, the M.P.O. must provide justification for including the
3149project in the transportation improvement program.
3150     7.  Indicate how the improvements are consistent, to the
3151maximum extent feasible, with affected seaport, airport, and
3152spaceport master plans and with public transit development plans
3153of the units of local government located within the jurisdiction
3154of the M.P.O. If a project is located within the boundaries of
3155more than one M.P.O., the M.P.O.'s must coordinate plans
3156regarding the project in the transportation improvement program.
3157     (d)  Projects included in the transportation improvement
3158program and that have advanced to the design stage of
3159preliminary engineering may be removed from or rescheduled in a
3160subsequent transportation improvement program only by the joint
3161action of the M.P.O. and the department. Except when recommended
3162in writing by the district secretary for good cause, any project
3163removed from or rescheduled in a subsequent transportation
3164improvement program shall not be rescheduled by the M.P.O. in
3165that subsequent program earlier than the 5th year of such
3166program.
3167     (e)  During the development of the transportation
3168improvement program, the M.P.O. shall, in cooperation with the
3169department and any affected public transit operation, provide
3170citizens, affected public agencies, representatives of
3171transportation agency employees, freight shippers, providers of
3172freight transportation services, private providers of
3173transportation, representatives of users of public transit, and
3174other interested parties with reasonable notice of and an
3175opportunity to comment on the proposed program.
3176     (f)  The adopted annual transportation improvement program
3177for M.P.O.'s in nonattainment or maintenance areas must be
3178submitted to the district secretary and the Department of
3179Community Affairs at least 90 days before the submission of the
3180state transportation improvement program by the department to
3181the appropriate federal agencies. The annual transportation
3182improvement program for M.P.O.'s in attainment areas must be
3183submitted to the district secretary and the Department of
3184Community Affairs at least 45 days before the department submits
3185the state transportation improvement program to the appropriate
3186federal agencies; however, the department, the Department of
3187Community Affairs, and a metropolitan planning organization may,
3188in writing, agree to vary this submittal date. The Governor or
3189the Governor's designee shall review and approve each
3190transportation improvement program and any amendments thereto.
3191     (g)  The Department of Community Affairs shall review the
3192annual transportation improvement program of each M.P.O. for
3193consistency with the approved local government comprehensive
3194plans of the units of local government whose boundaries are
3195within the metropolitan area of each M.P.O. and shall identify
3196those projects that are inconsistent with such comprehensive
3197plans. The Department of Community Affairs shall notify an
3198M.P.O. of any transportation projects contained in its
3199transportation improvement program which are inconsistent with
3200the approved local government comprehensive plans of the units
3201of local government whose boundaries are within the metropolitan
3202area of the M.P.O.
3203     (h)  The M.P.O. shall annually publish or otherwise make
3204available for public review the annual listing of projects for
3205which federal funds have been obligated in the preceding year.
3206Project monitoring systems must be maintained by those agencies
3207responsible for obligating federal funds and made accessible to
3208the M.P.O.'s.
3209     (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
3210develop, in cooperation with the department and public
3211transportation providers, a unified planning work program that
3212lists all planning tasks to be undertaken during the program
3213year. The unified planning work program must provide a complete
3214description of each planning task and an estimated budget
3215therefor and must comply with applicable state and federal law.
3216     (9)  AGREEMENTS.--
3217     (a)  Each M.P.O. shall execute the following written
3218agreements, which shall be reviewed, and updated as necessary,
3219every 5 years:
3220     1.  An agreement with the department clearly establishing
3221the cooperative relationship essential to accomplish the
3222transportation planning requirements of state and federal law.
3223     2.  An agreement with the metropolitan and regional
3224intergovernmental coordination and review agencies serving the
3225metropolitan areas, specifying the means by which activities
3226will be coordinated and how transportation planning and
3227programming will be part of the comprehensive planned
3228development of the area.
3229     3.  An agreement with operators of public transportation
3230systems, including transit systems, commuter rail systems,
3231airports, seaports, and spaceports, describing the means by
3232which activities will be coordinated and specifying how public
3233transit, commuter rail, aviation, seaport, and aerospace
3234planning and programming will be part of the comprehensive
3235planned development of the metropolitan area.
3236     (b)  An M.P.O. may execute other agreements required by
3237state or federal law or as necessary to properly accomplish its
3238functions.
3239     (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.-
3240-
3241     (a)  A Metropolitan Planning Organization Advisory Council
3242is created to augment, and not supplant, the role of the
3243individual M.P.O.'s in the cooperative transportation planning
3244process described in this section.
3245     (b)  The council shall consist of one representative from
3246each M.P.O. and shall elect a chairperson annually from its
3247number. Each M.P.O. shall also elect an alternate representative
3248from each M.P.O. to vote in the absence of the representative.
3249Members of the council do not receive any compensation for their
3250services, but may be reimbursed from funds made available to
3251council members for travel and per diem expenses incurred in the
3252performance of their council duties as provided in s. 112.061.
3253     (c)  The powers and duties of the Metropolitan Planning
3254Organization Advisory Council are to:
3255     1.  Enter into contracts with individuals, private
3256corporations, and public agencies.
3257     2.  Acquire, own, operate, maintain, sell, or lease
3258personal property essential for the conduct of business.
3259     3.  Accept funds, grants, assistance, gifts, or bequests
3260from private, local, state, or federal sources.
3261     4.  Establish bylaws and adopt rules pursuant to ss.
3262120.536(1) and 120.54 to implement provisions of law conferring
3263powers or duties upon it.
3264     5.  Assist M.P.O.'s in carrying out the urbanized area
3265transportation planning process by serving as the principal
3266forum for collective policy discussion pursuant to law.
3267     6.  Serve as a clearinghouse for review and comment by
3268M.P.O.'s on the Florida Transportation Plan and on other issues
3269required to comply with federal or state law in carrying out the
3270urbanized area transportation and systematic planning processes
3271instituted pursuant to s. 339.155.
3272     7.  Employ an executive director and such other staff as
3273necessary to perform adequately the functions of the council,
3274within budgetary limitations. The executive director and staff
3275are exempt from part II of chapter 110 and serve at the
3276direction and control of the council. The council is assigned to
3277the Office of the Secretary of the Department of Transportation
3278for fiscal and accountability purposes, but it shall otherwise
3279function independently of the control and direction of the
3280department.
3281     8.  Adopt an agency strategic plan that provides the
3282priority directions the agency will take to carry out its
3283mission within the context of the state comprehensive plan and
3284any other statutory mandates and directions given to the agency.
3285     (11)  APPLICATION OF FEDERAL LAW.--Upon notification by an
3286agency of the Federal Government that any provision of this
3287section conflicts with federal laws or regulations, such federal
3288laws or regulations will take precedence to the extent of the
3289conflict until such conflict is resolved. The department or an
3290M.P.O. may take any necessary action to comply with such federal
3291laws and regulations or to continue to remain eligible to
3292receive federal funds.
3293     Section 19.  Section 339.28171, Florida Statutes, is
3294created to read:
3295     339.28171  Transportation Incentive Program for a
3296Sustainable Florida.--
3297     (1)  There is created within the Department of
3298Transportation a Transportation Incentive Program for a
3299Sustainable Florida, which may be cited as TRIP for a
3300Sustainable Florida, for the purpose of providing grants to
3301local governments to improve a transportation facility or system
3302which addresses an identified concurrency management system
3303backlog or relieve traffic congestion in urban infill and
3304redevelopment areas. Bridge projects off of the State Highway
3305System are eligible to receive funding from this program.
3306     (2)  To be eligible for consideration, projects must be
3307consistent with local government comprehensive plans, the
3308transportation improvement program of the applicable
3309metropolitan organization, and the Strategic Intermodal System
3310plan developed in accordance with s. 339.64.
3311     (3)  The funds shall be distributed by the department to
3312each district in accordance with the statutory formula pursuant
3313to s. 339.135(4). The district secretary shall use the following
3314criteria to evaluate the project applications:
3315     (a)  The level of local government funding efforts.
3316     (b)  The level of local, regional, or private financial
3317matching funds as a percentage of the overall project cost.
3318     (c)  The ability of local government to rapidly address
3319project construction.
3320     (d)  The level of municipal and county agreement on the
3321scope of the proposed project.
3322     (e)  Whether the project is located within and supports the
3323objectives of an urban infill area, a community redevelopment
3324area, an urban redevelopment area, or a concurrency management
3325area.
3326     (f)  The extent to which the project would foster public-
3327private partnerships and investment.
3328     (g)  The extent to which the project protects
3329environmentally sensitive areas.
3330     (h)  The extent to which the project would support urban
3331mobility, including public transit systems, the use of new
3332technologies, and the provision of bicycle facilities or
3333pedestrian pathways.
3334     (i)  The extent to which the project implements a regional
3335transportation plan developed in accordance with s.
3336339.155(2)(c), (d), and (e).
3337     (j)  Whether the project is subject to a local ordinance
3338that establishes corridor management techniques, including
3339access management strategies, right-of-way acquisition and
3340protection measures, appropriate land use strategies, zoning,
3341and setback requirements for adjacent land uses.
3342     (k)  Whether or not the local government has adopted a
3343vision pursuant to s. 163.3167(11) either prior to or after the
3344effective date of this act.
3345     (4)  As part of the project application, the local
3346government shall demonstrate how the proposed project implements
3347a capital improvement element and a long-term transportation
3348concurrency system, if applicable, to address the existing
3349capital improvement element backlogs.
3350     (5)  The percentage of matching funds available to
3351applicants shall be based on the following:
3352     (a)  For projects that provide capacity on the Strategic
3353Intermodal System, the percentage shall be 35 percent.
3354     (b)  For projects that provide capacity on regionally
3355significant transportation facilities identified in s.
3356339.155(2)(c), (d), and (e), the percentage shall be 50 percent
3357or up to 50 percent of the nonfederal share of the eligible
3358project costs for a public transportation facility project. For
3359off-system bridges, the percentage shall be 50 percent. Projects
3360to be funded pursuant to this paragraph shall, at a minimum meet
3361the following additional criteria:
3362     1.  Support those transportation facilities that serve
3363national, statewide, or regional functions and function as an
3364integrated regional transportation system.
3365     2.  Be identified in the capital improvements element of a
3366comprehensive plan that has been determined to be in compliance
3367with part II of chapter 163, after the effective date of this
3368act, or to implement a long-term concurrency management system
3369adopted a local government in accordance with s. 163.3177(9).
3370     3.  Provide connectivity to the Strategic Intermodal System
3371designated pursuant to s. 339.64.
3372     4.  Support economic development and the movement of goods
3373in areas of critical economic concern designated pursuant to s.
3374288.0656(7).
3375     5.  Improve connectivity between military installations and
3376the Strategic Highway Network or the Strategic Rail Corridor
3377Network.
3378     6.  For off-system bridge projects to replaced,
3379rehabilitate, paint, or install scour countermeasures to highway
3380bridges located on public roads, other than those on a federal-
3381aid highway, such projects shall, at a minimum:
3382     (a)  Be classified as a structurally deficient bridge with
3383a poor condition rating for either the deck, superstructure, or
3384substructure component, or culvert.
3385     (b)  Have a sufficiency rating of 35 or below.
3386     (c)  Have average daily traffic of at least 500 vehicles.
3387
3388Special consideration shall be given to bridges that are closed
3389to all traffic or that have a load restriction of less than 10
3390tons.
3391     (c)  For local projects that demonstrate capacity
3392improvements in the urban service boundary, urban infill, or
3393urban redevelopment area or provide such capacity replacement to
3394the State Intrastate Highway System, the percentage shall be 65
3395percent.
3396     (6)  The department may administer contracts at the request
3397of a local government selected to receive funding for a project
3398under this section. All projects funded under this section shall
3399be included in the department's work program developed pursuant
3400to s. 339.135.
3401     Section 20.  Subsection (1) and paragraph (c) of subsection
3402(4) of section 339.2818, Florida Statutes, are amended to read:
3403     339.2818  Small County Outreach Program.--
3404     (1)  There is created within the Department of
3405Transportation the Small County Outreach Program. The purpose of
3406this program is to assist small county governments to improve a
3407transportation facility or system which addresses identified
3408concurrency management system backlog and relieves traffic
3409congestion, or to assist in resurfacing or reconstructing county
3410roads or in constructing capacity or safety improvements to
3411county roads.
3412     (4)
3413     (c)  The following criteria shall be used to prioritize
3414road projects for funding under the program:
3415     1.  The primary criterion is the physical condition of the
3416road as measured by the department.
3417     1.2.  As secondary criteria The department may consider:
3418     a.  Whether a road is used as an evacuation route.
3419     b.  Whether a road has high levels of agricultural travel.
3420     c.  Whether a road is considered a major arterial route.
3421     d.  Whether a road is considered a feeder road.
3422     e.  Other criteria related to the impact of a project on
3423the public road system or on the state or local economy as
3424determined by the department.
3425     2.  As secondary criteria, the department may consider the
3426physical condition of the road as measured by the department.
3427     Section 21.  Section 339.55, Florida Statutes, is amended
3428to read:
3429     339.55  State-funded infrastructure bank.--
3430     (1)  There is created within the Department of
3431Transportation a state-funded infrastructure bank for the
3432purpose of providing loans and credit enhancements to government
3433units and private entities for use in constructing and improving
3434transportation facilities.
3435     (2)  The bank may lend capital costs or provide credit
3436enhancements for:
3437     (a)  A transportation facility project that is on the State
3438Highway System or that provides for increased mobility on the
3439state's transportation system or provides intermodal
3440connectivity with airports, seaports, rail facilities, and other
3441transportation terminals, pursuant to s. 341.053, for the
3442movement of people and goods.
3443     (b)  Transportation Incentive Program for a Sustainable
3444Florida projects identified pursuant to s. 339.28171.
3445     (3)  Loans from the bank may be subordinated to senior
3446project debt that has an investment grade rating of "BBB" or
3447higher.
3448     (4)(3)  Loans from the bank may bear interest at or below
3449market interest rates, as determined by the department.
3450Repayment of any loan from the bank shall commence not later
3451than 5 years after the project has been completed or, in the
3452case of a highway project, the facility has opened to traffic,
3453whichever is later, and shall be repaid in no more than 30
3454years.
3455     (5)(4)  Except as provided in s. 339.137, To be eligible
3456for consideration, projects must be consistent, to the maximum
3457extent feasible, with local metropolitan planning organization
3458plans and local government comprehensive plans and must provide
3459a dedicated repayment source to ensure the loan is repaid to the
3460bank.
3461     (6)  Funding awarded for projects under paragraph (2)(b)
3462must be matched by a minimum of 25 percent from funds other than
3463the state-funded infrastructure bank loan.
3464     (7)(5)  The department may consider, but is not limited to,
3465the following criteria for evaluation of projects for assistance
3466from the bank:
3467     (a)  The credit worthiness of the project.
3468     (b)  A demonstration that the project will encourage,
3469enhance, or create economic benefits.
3470     (c)  The likelihood that assistance would enable the
3471project to proceed at an earlier date than would otherwise be
3472possible.
3473     (d)  The extent to which assistance would foster innovative
3474public-private partnerships and attract private debt or equity
3475investment.
3476     (e)  The extent to which the project would use new
3477technologies, including intelligent transportation systems, that
3478would enhance the efficient operation of the project.
3479     (f)  The extent to which the project would maintain or
3480protect the environment.
3481     (g)  A demonstration that the project includes
3482transportation benefits for improving intermodalism, cargo and
3483freight movement, and safety.
3484     (h)  The amount of the proposed assistance as a percentage
3485of the overall project costs with emphasis on local and private
3486participation.
3487     (i)  The extent to which the project will provide for
3488connectivity between the State Highway System and airports,
3489seaports, rail facilities, and other transportation terminals
3490and intermodal options pursuant to s. 341.053 for the increased
3491accessibility and movement of people and goods.
3492     (8)(6)  Loan assistance provided by the bank shall be
3493included in the department's work program developed in
3494accordance with s. 339.135.
3495     (9)(7)  The department is authorized to adopt rules to
3496implement the state-funded infrastructure bank.
3497     Section 22.  Section 373.19615, Florida Statutes, is
3498created to read:
3499     373.19615  Florida's Sustainable Water Supplies Program.--
3500     (1)  There is hereby created "Florida's Sustainable Water
3501Water Supplies Program." The Legislature recognizes that alterna
3502alternative water supply projects are more expensive to develop
3503compared to traditional water supply projects. As Florida's
3504population continues to grow, the need for alternative water
3505supplies is also growing as our groundwater supplies in portions
3506of the state are decreasing. Beginning in fiscal year 2005-2006,
3507the state shall annually appropriate $100 million for the
3508purpose of providing funding assistance to local governments for
3509the development of alternative water supply projects. At the
3510beginning of each fiscal year, beginning with fiscal year 2005-
35112006, such revenues shall be distributed to the Department of
3512Environmental Protection. The department shall then distribute
3513the revenues into alternative water supply accounts created by
3514the department for each district for the purpose of alternative
3515water supply development under the following funding formula:
3516     1.  Forty percent to the South Florida Water Management
3517District.
3518     2.  Twenty-five percent to the Southwest Florida Water
3519Management District.
3520     3.  Twenty-five percent to the St. Johns River Water
3521Management District.
3522     4.  Five percent to the Suwannee River Water Management
3523District.
3524     5.  Five percent to the Northwest Florida Water Management
3525District.
3526     (2)  For the purposes of this section, the following
3527definitions shall apply:
3528     (a)  "Alternative water supplies" includes saltwater;
3529brackish surface and groundwater; surface water captured
3530predominantly during wet-weather flows; sources made available
3531through the addition of new storage capacity for surface or
3532groundwater; water that has been reclaimed after one or more
3533public supply, municipal, industrial, commercial, or
3534agricultural uses; stormwater; and any other water supply source
3535that is designated as non-traditional for a water supply
3536planning region in the applicable regional water supply plan
3537developed under s. 373.0361.
3538     (b)  "Capital costs" means planning, design, engineering,
3539and project construction costs.
3540     (c)  "Local government" means any municipality, county,
3541special district, regional water supply authority, or
3542multijurisdictional entity, or an agency thereof, or a
3543combination of two or more of the foregoing acting jointly with
3544an alternative water supply project.
3545     (3)  To be eligible for assistance in funding capital costs
3546of alternative water supply projects under this program, the
3547water management district governing board must select those
3548alternative water supply projects that will receive financial
3549assistance. The water management district governing board shall
3550establish factors to determine project funding.
3551     (a)  Significant weight shall be given to the following
3552factors:
3553     1.  Whether the project provides substantial environmental
3554benefits by preventing or limiting adverse water resource
3555impacts.
3556     2.  Whether the project reduces competition for water
3557supplies.
3558     3.  Whether the project brings about replacement of
3559traditional sources in order to help implement a minimum flow or
3560level or a reservation.
3561     4.  Whether the project will be implemented by a
3562consumptive use permittee that has achieved the targets
3563contained in a goal-based water conservation program approved
3564pursuant to s. 373.227.
3565     5.  The quantity of water supplied by the project as
3566compared to its cost.
3567     6.  Projects in which the construction and delivery to end
3568users of reuse water are major components.
3569     7.  Whether the project will be implemented by a
3570multijurisdictional water supply entity or regional water supply
3571authority.
3572     (b)  Additional factors to be considered in determining
3573project funding shall include:
3574     1.  Whether the project is part of a plan to implement two
3575or more alternative water supply projects, all of which will be
3576operated to produce water at a uniform rate for the participants
3577in a multijurisdictional water supply entity or regional water
3578supply authority.
3579     2.  The percentage of project costs to be funded by the
3580water supplier or water user.
3581     3.  Whether the project proposal includes sufficient
3582preliminary planning and engineering to demonstrate that the
3583project can reasonably be implemented within the timeframes
3584provided in the regional water supply plan.
3585     4.  Whether the project is a subsequent phase of an
3586alternative water supply project underway.
3587     5.  Whether and in what percentage a local government or
3588local government utility is transferring water supply system
3589revenues to the local government general fund in excess of
3590reimbursements for services received from the general fund
3591including direct and indirect costs and legitimate payments in
3592lieu of taxes.
3593     (4)(a)  All projects submitted to the governing board for
3594consideration shall reflect the total cost for implementation.
3595The costs shall be segregated pursuant to the categories
3596described in the definition of capital costs.
3597     (b)  Applicants for projects that receive funding
3598assistance pursuant to this section shall be required to pay 33
35991/3 percent of the project's total capital costs.
3600     (c)  The water management district shall be required to pay
360133 1/3 percent of the project's total capital costs.
3602     (5)  After conducting one or more meetings to solicit
3603public input on eligible projects for implementation of
3604alternative water supply projects, the governing board of each
3605water management district shall select projects for funding
3606assistance based upon the above criteria. The governing board
3607may select a project identified or listed as an alternative
3608water supply development project in the regional water supply
3609plan, or may select an alternative water supply projects not
3610identified or listed in the regional water supply plan but which
3611are consistent with the goals of the plans.
3612     (6)  Once an alternative water supply project is selected
3613by the governing board, the applicant and the water management
3614district must, in writing, each commit to a financial
3615contribution of 33 1/3 percent of the project's total capital
3616costs. The water management district shall then submit a request
3617for distribution of revenues held by the department in the
3618district's alternative water supply account. The request must
3619include the amount of current and projected water demands within
3620the water management district, the additional water made
3621available by the project, the date the water will be made
3622available, and the applicant's and water management district's
3623district's financial commitment for the alternative water
3624supply project. Upon receipt of a request from a water
3625management district, the department shall determine whether the
3626alternative water supply project meets the department's criteria
3627for financial assistance. The department shall establish factors
3628to determine whether state financial assistance for an
3629alternative water supply project shall be granted.
3630     (a)  Significant weight shall be given to the following
3631factors:
3632     1.  Whether the project provides substantial environmental
3633benefits by preventing or limiting adverse water resource
3634impacts.
3635     2.  Whether the project reduces competition for water
3636supplies.
3637     3.  Whether the project brings about replacement of
3638traditional sources in order to help implement a minimum flow or
3639level or a reservation.
3640     4.  Whether the project will be implemented by a
3641consumptive use permittee that has achieved the targets
3642contained in a goal-based water conservation program approved
3643pursuant to s. 373.227.
3644     5.  The quantity of water supplied by the project as
3645compared to its cost.
3646     6.  Projects in which the construction and delivery to end
3647users of reuse water are major components.
3648     7.  Whether the project will be implemented by a
3649multijurisdictional water supply entity or regional water supply
3650authority.
3651     (b)  Additional factors to be considered in determining
3652project funding shall include:
3653     1.  Whether the project is part of a plan to implement two
3654or more alternative water supply projects, all of which will be
3655operated to produce water at a uniform rate for the participants
3656in a multijurisdictional water supply entity or regional water
3657supply authority.
3658     2.  The percentage of project costs to be funded by the
3659water supplier or water user.
3660     3.  Whether the project proposal includes sufficient
3661preliminary planning and engineering to demonstrate that the
3662project can reasonably be implemented within the timeframes
3663provided in the regional water supply plan.
3664     4.  Whether the project is a subsequent phase of an
3665alternative water supply project underway.
3666     5.  Whether and in what percentage a local government or
3667local government utility is transferring water supply system
3668revenues to the local government general fund in excess of
3669reimbursements for services received from the general fund
3670including direct and indirect costs and legitimate payments in
3671lieu of taxes.
3672
3673If the department determines that the project should receive
3674financial assistance, the department shall distribute to the
3675water management district 33 1/3 percent of the total capital
3676costs from the district's alternative water supply account.
3677     Section 23.  Section 373.19616, Florida Statutes, is
3678created to read:
3679     373.19616  Water Transition Assistance Program.--
3680     (1)  The Legislature recognizes that as a result of
3681Florida's increasing population, there are limited ground water
3682resources in some portions of the state to serve increased water
3683quantities demands. As a result, a transition from ground water
3684supply to more expensive alternative water supply is necessary.
3685The purpose of this section is to assist local governments by
3686establishing a low-interest revolving loan program for
3687infrastructure financing for alternative water supplies.
3688     (2)  For purposes of this section, the term:
3689     (a)  "Alternative water supplies" has the same meaning as
3690provided in s. 373.19615(2).
3691     (b)  "Local government" has the same meaning as provided in
3692s. 373.19615(2).
3693     (3)  The Department of Environmental Protection is
3694authorized to make loans to local governments to assist them in
3695planning, designing, and constructing alternative water supply
3696projects. The department may provide loan guarantees, purchase
3697loan insurance, and refinance local debt through issue of new
3698loans for alternative water supply projects approved by the
3699department. Local governments may borrow funds made available
3700pursuant to this section and may pledge any revenues or other
3701adequate security available to them to repay any funds borrowed.
3702     (4)  The term of loans made pursuant to this section shall
3703not exceed 30 years. The interest rate on such loans shall be no
3704greater than that paid on the last bonds sold pursuant to s. 14,
3705Art. VII of the State Constitution.
3706     (5)  In order to ensure that public moneys are managed in
3707an equitable and prudent manner, the total amount of money
3708loaned to any local government during a fiscal year shall be no
3709more than 25 percent of the total funds available for making
3710loans during that year. The minimum amount of a loan shall be
3711$75,000.
3712     (6)  The department may adopt rules that:
3713     (a)  Set forth a priority system for loans based on factors
3714provided for in s. 373.19615(6)(a) and (b).
3715     (b)  Establish the requirements for the award and repayment
3716of financial assistance.
3717     (c)  Require adequate security to ensure that each loan
3718recipient can meet its loan payment requirements.
3719     (d)  Establish, at the department's discretion, a specific
3720percentage of funding, not to exceed 20 percent, for financially
3721disadvantaged communities for the development of alternative
3722water supply projects. The department shall include within the
3723rule a definition of the term "financially disadvantaged
3724community," and the criteria for determining whether the project
3725serves a financially disadvantaged community. Such criteria
3726shall be based on the median household income of the service
3727population or other reliably documented measures of
3728disadvantaged status.
3729     (e)  Require each project receiving financial assistance to
3730be cost-effective, environmentally sound, implementable, and
3731self-supporting.
3732     (7)  The department shall prepare a report at the end of
3733each fiscal year detailing the financial assistance provided
3734under this section and outstanding loans.
3735     (8)  Prior to approval of a loan, the local government
3736shall, at a minimum:
3737     (a)  Provide a repayment schedule.
3738     (b)  Submit evidence of the ability of the project proposed
3739for financial assistance to be permitted and implemented.
3740     (c)  Submit plans and specifications, biddable contract
3741documents, or other documentation of appropriate procurement of
3742goods and services.
3743     (d)  Provide assurance that records will be kept using
3744generally accepted accounting principles and that the department
3745or its agent and the Auditor General will have access to all
3746records pertaining to the loan.
3747     (9)  The department may conduct an audit of the loan
3748project upon completion or may require that a separate project
3749audit, prepared by an independent certified public accountant,
3750be submitted.
3751     (10)  The department may require reasonable service fees on
3752loans made to local governments to ensure that the program will
3753be operated in perpetuity and to implement the purposes
3754authorized under this section. Service fees shall not be more
3755than 4 percent of the loan amount exclusive of the service fee.
3756The fee revenues, and interest earnings thereon, shall be used
3757exclusively to carry out the purposes of this section.
3758     (11)  All moneys available for financial assistance under
3759this section shall be appropriated to the department exclusively
3760to carry out this program. The principal and interest of all
3761loans repaid and interest shall be used exclusively to carry out
3762this section.
3763     (12)(a)  If a local government agency defaults under the
3764terms of its loan agreement, the department shall certify the
3765default to the Chief Financial Officer, shall forward the
3766delinquent amount to the department from any unobligated funds
3767due to the local government agency under any revenue-sharing or
3768tax-sharing fund established by the state, except as otherwise
3769provided by the State Constitution. Certification of delinquency
3770shall not limit the department from pursuing other remedies
3771available for default on a loan, including accelerating loan
3772repayments, eliminating all or part of the interest rate subsidy
3773on the loan, and court appointment of a receiver to manage
3774alternative water supply project.
3775     (b)  The department may impose penalty for delinquent local
3776payments in the amount of 6 percent of the amount due, in
3777addition to charging the cost to handle and process the debt.
3778Penalty interest shall accrue on any amount due and payable
3779beginning on the 30th day following the date upon which payment
3780is due.
3781     (13)  The department may terminate or rescind a financial
3782assistance agreement when the local government fails to comply
3783with the terms and conditions of the agreement.
3784     Section 24.  Paragraphs (l) and (m) are added to subsection
3785(24) of section 380.06, Florida Statutes, to read:
3786     380.06  Developments of regional impact.--
3787     (24)  STATUTORY EXEMPTIONS.--
3788     (l)  Any proposed development or redevelopment within an
3789area designated for:
3790     1.  Urban infill development as designated in the
3791comprehensive plan;
3792     2.  Urban redevelopment as designated in the comprehensive
3793plan;
3794     3.  Downtown revitalization as designated in the
3795comprehensive plan; or
3796     4.  Urban infill and redevelopment under s. 163.2517 as
3797designated in the comprehensive plan,
3798
3799is exempt from the provisions of this section. However, a
3800municipality with a population of 7,500 or fewer may elect, upon
3801adoption of an ordinance, to not have this exemption apply
3802within its boundaries. A copy of such ordinance shall be
3803transmitted to the state land planning agency and the applicable
3804regional planning council.
3805     (m)  Any proposed development within a rural land
3806stewardship area created pursuant to s. 163.3177(11)(d) is
3807exempt from the provisions of this section.
3808     Section 25.  Section 380.115, Florida Statutes, is amended
3809to read:
3810     380.115  Vested rights and duties; effect of size
3811reduction; changes in guidelines and standards chs. 2002-20 and
38122002-296.--
3813     (1)  A change in a development of regional impact guideline
3814or standard does not abridge or modify Nothing contained in this
3815act abridges or modifies any vested or other right or any duty
3816or obligation pursuant to any development order or agreement
3817that is applicable to a development of regional impact on the
3818effective date of this act. A development that has received a
3819development-of-regional-impact development order pursuant to s.
3820380.06, but would is no longer be required to undergo
3821development-of-regional-impact review by operation of a change
3822in the guidelines and standards or has reduced its size below
3823the thresholds in s. 380.0651 this act, shall be governed by the
3824following procedures:
3825     (a)  The development shall continue to be governed by the
3826development-of-regional-impact development order and may be
3827completed in reliance upon and pursuant to the development order
3828unless the developer or landowner has followed the procedures
3829for rescission in paragraph (b). The development-of-regional-
3830impact development order may be enforced by the local government
3831as provided by ss. 380.06(17) and 380.11.
3832     (b)  If requested by the developer or landowner, the
3833development-of-regional-impact development order shall may be
3834rescinded by the local government with jurisdiction upon a
3835showing by clear and convincing evidence that all required
3836mitigation relating to the amount of development existing on the
3837date of rescission has been completed abandoned pursuant to the
3838process in s. 380.06(26).
3839     (2)  A development with an application for development
3840approval pending, and determined sufficient pursuant to s.
3841380.06(10), on the effective date of a change to the guidelines
3842and standards this act, or a notification of proposed change
3843pending on the effective date of a change to the guidelines and
3844standards this act, may elect to continue such review pursuant
3845to s. 380.06. At the conclusion of the pending review, including
3846any appeals pursuant to s. 380.07, the resulting development
3847order shall be governed by the provisions of subsection (1).
3848     (3)  A landowner that has filed an application for a
3849development of regional impact review prior to the adoption of
3850an optional sector plan pursuant to s. 163.3245 may elect to
3851have the application reviewed pursuant to s. 380.06,
3852comprehensive plan provisions in force prior to adoption of the
3853sector plan and any requested comprehensive plan amendments that
3854accompany the application.
3855     Section 26.  The Office of Program Policy Analysis and
3856Government Accountability shall conduct a study on adjustments
3857to the boundaries of regional planning councils, water
3858management districts, and transportation districts. The purpose
3859of the study is to organize these regional boundaries, without
3860eliminating any regional agency, to be more coterminous with one
3861another, creating a more unified system of regional boundaries.
3862The study must be completed by December 31, 2005, and a study
3863report submitted to the President of the Senate, the Speaker of
3864the House of Representatives, and the Governor and the Century
3865Commission for a Sustainable Florida by January 15, 2006.
3866     Section 27.  Subsections (2), (3), (6), and (12) of section
38671013.33, Florida Statutes, are amended to read:
3868     1013.33  Coordination of planning with local governing
3869bodies.--
3870     (2)(a)  The school board, county, and nonexempt
3871municipalities located within the geographic area of a school
3872district shall enter into an interlocal agreement that jointly
3873establishes the specific ways in which the plans and processes
3874of the district school board and the local governments are to be
3875coordinated. Any updated The interlocal agreements and
3876amendments to such agreements shall be submitted to the state
3877land planning agency and the Office of Educational Facilities
3878and the SMART Schools Clearinghouse in accordance with a
3879schedule published by the state land planning agency pursuant to
3880s. 163.3177(12)(h).
3881     (b)  The schedule must establish staggered due dates for
3882submission of interlocal agreements that are executed by both
3883the local government and district school board, commencing on
3884March 1, 2003, and concluding by December 1, 2004, and must set
3885the same date for all governmental entities within a school
3886district. However, if the county where the school district is
3887located contains more than 20 municipalities, the state land
3888planning agency may establish staggered due dates for the
3889submission of interlocal agreements by these municipalities. The
3890schedule must begin with those areas where both the number of
3891districtwide capital-outlay full-time-equivalent students equals
389280 percent or more of the current year's school capacity and the
3893projected 5-year student growth rate is 1,000 or greater, or
3894where the projected 5-year student growth rate is 10 percent or
3895greater.
3896     (b)(c)  If the student population has declined over the 5-
3897year period preceding the due date for submittal of an
3898interlocal agreement by the local government and the district
3899school board, the local government and district school board may
3900petition the state land planning agency for a waiver of one or
3901more of the requirements of subsection (3). The waiver must be
3902granted if the procedures called for in subsection (3) are
3903unnecessary because of the school district's declining school
3904age population, considering the district's 5-year work program
3905prepared pursuant to s. 1013.35. The state land planning agency
3906may modify or revoke the waiver upon a finding that the
3907conditions upon which the waiver was granted no longer exist.
3908The district school board and local governments must submit an
3909interlocal agreement within 1 year after notification by the
3910state land planning agency that the conditions for a waiver no
3911longer exist.
3912     (c)(d)  Interlocal agreements between local governments and
3913district school boards adopted pursuant to s. 163.3177 before
3914the effective date of subsections (2)-(9) must be updated and
3915executed pursuant to the requirements of subsections (2)-(9), if
3916necessary. Amendments to interlocal agreements adopted pursuant
3917to subsections (2)-(9) must be submitted to the state land
3918planning agency within 30 days after execution by the parties
3919for review consistent with subsections (3) and (4). Local
3920governments and the district school board in each school
3921district are encouraged to adopt a single updated interlocal
3922agreement in which all join as parties. The state land planning
3923agency shall assemble and make available model interlocal
3924agreements meeting the requirements of subsections (2)-(9) and
3925shall notify local governments and, jointly with the Department
3926of Education, the district school boards of the requirements of
3927subsections (2)-(9), the dates for compliance, and the sanctions
3928for noncompliance. The state land planning agency shall be
3929available to informally review proposed interlocal agreements.
3930If the state land planning agency has not received a proposed
3931interlocal agreement for informal review, the state land
3932planning agency shall, at least 60 days before the deadline for
3933submission of the executed agreement, renotify the local
3934government and the district school board of the upcoming
3935deadline and the potential for sanctions.
3936     (3)  At a minimum, The interlocal agreement must address
3937the following issues required in s. 163.31777.:
3938     (a)  A process by which each local government and the
3939district school board agree and base their plans on consistent
3940projections of the amount, type, and distribution of population
3941growth and student enrollment. The geographic distribution of
3942jurisdiction-wide growth forecasts is a major objective of the
3943process.
3944     (b)  A process to coordinate and share information relating
3945to existing and planned public school facilities, including
3946school renovations and closures, and local government plans for
3947development and redevelopment.
3948     (c)  Participation by affected local governments with the
3949district school board in the process of evaluating potential
3950school closures, significant renovations to existing schools,
3951and new school site selection before land acquisition. Local
3952governments shall advise the district school board as to the
3953consistency of the proposed closure, renovation, or new site
3954with the local comprehensive plan, including appropriate
3955circumstances and criteria under which a district school board
3956may request an amendment to the comprehensive plan for school
3957siting.
3958     (d)  A process for determining the need for and timing of
3959onsite and offsite improvements to support new construction,
3960proposed expansion, or redevelopment of existing schools. The
3961process shall address identification of the party or parties
3962responsible for the improvements.
3963     (e)  A process for the school board to inform the local
3964government regarding school capacity. The capacity reporting
3965must be consistent with laws and rules regarding measurement of
3966school facility capacity and must also identify how the district
3967school board will meet the public school demand based on the
3968facilities work program adopted pursuant to s. 1013.35.
3969     (f)  Participation of the local governments in the
3970preparation of the annual update to the school board's 5-year
3971district facilities work program and educational plant survey
3972prepared pursuant to s. 1013.35.
3973     (g)  A process for determining where and how joint use of
3974either school board or local government facilities can be shared
3975for mutual benefit and efficiency.
3976     (h)  A procedure for the resolution of disputes between the
3977district school board and local governments, which may include
3978the dispute resolution processes contained in chapters 164 and
3979186.
3980     (i)  An oversight process, including an opportunity for
3981public participation, for the implementation of the interlocal
3982agreement.
3983
3984A signatory to the interlocal agreement may elect not to include
3985a provision meeting the requirements of paragraph (e); however,
3986such a decision may be made only after a public hearing on such
3987election, which may include the public hearing in which a
3988district school board or a local government adopts the
3989interlocal agreement. An interlocal agreement entered into
3990pursuant to this section must be consistent with the adopted
3991comprehensive plan and land development regulations of any local
3992government that is a signatory.
3993     (6)  Any local government transmitting a public school
3994element to implement school concurrency pursuant to the
3995requirements of s. 163.3180 before July 1, 2005, the effective
3996date of this section is not required to amend the element or any
3997interlocal agreement to conform with the provisions of
3998subsections (2)-(8) if the element is adopted prior to or within
39991 year after the effective date of subsections (2)-(8) and
4000remains in effect.
4001     (12)  As early in the design phase as feasible and
4002consistent with an interlocal agreement entered pursuant to
4003subsections (2)-(8), but no later than 120 90 days before
4004commencing construction, the district school board shall in
4005writing request a determination of consistency with the local
4006government's comprehensive plan. The local governing body that
4007regulates the use of land shall determine, in writing within 45
4008days after receiving the necessary information and a school
4009board's request for a determination, whether a proposed
4010educational facility is consistent with the local comprehensive
4011plan and consistent with local land development regulations. If
4012the determination is affirmative, school construction may
4013commence and further local government approvals are not
4014required, except as provided in this section. Failure of the
4015local governing body to make a determination in writing within
401690 days after a district school board's request for a
4017determination of consistency shall be considered an approval of
4018the district school board's application. Campus master plans and
4019development agreements must comply with the provisions of ss.
40201013.30 and 1013.63.
4021     Section 28.  Section 1013.352, Florida Statutes, is created
4022to read:
4023     1013.352  Charter School Incentive Program for Sustainable
4024Schools.--
4025     (1)  There is hereby created the "Charter School Incentive
4026Program for Sustainable Schools." Recognizing that there is an
4027increasing deficit in educational facilities in this state, the
4028Legislature believes that there is a need for creativeness in
4029planning and development of additional educational facilities.
4030To assist with the development of educational facilities, those
4031charter schools whose charters are approved within 18 months
4032after the effective date of this act shall be eligible for state
4033funds under the following conditions:
4034     (a)  The charter school is created to address school over-
4035capacity issues or growth demands within the county.
4036     (b)  A joint letter from the district school board and the
4037charter school has been submitted with the proposed charter
4038school charter that provides that the school board authorized
4039the charter school as a result of school overcrowding or growth
4040demands within the county and the school board requests that the
4041requirement of s. 1013.62(1)(a)1. are waived.
4042     (c)  The charter school has received an in-kind
4043contribution or equivalent from an outside source other than the
4044district school board that has been, at a minimum, equally
4045matched by the district school board.
4046
4047Notwithstanding s. 1013.62(7), if the above conditions apply,
4048the Commissioner of Education, in consultation with the
4049Department of Community Affairs shall distribute up to $3
4050million per charter school based upon the amount of the in-kind
4051contribution or functional equivalent from an outside source
4052that has been matched by the district school board or the
4053contribution or functional equivalent by the district school
4054board, whichever amount is greater, up to $3 million. Under no
4055conditions may the Commissioner of Education distribute funds to
4056a newly chartered charter school that has not received an in-
4057kind contribution or equivalent from an outside source other
4058than the district school board and which has not been, at a
4059minimum, equally matched by the district school board.
4060     (2)  A newly created charter school that receives
4061distribution of funds under this program shall not be eligible
4062for charter schools outlay funding under s. 1013.62.
4063     Section 29.  Subsection (2) of section 1013.64, Florida
4064Statutes, is amended to read:
4065     1013.64  Funds for comprehensive educational plant needs;
4066construction cost maximums for school district capital
4067projects.--Allocations from the Public Education Capital Outlay
4068and Debt Service Trust Fund to the various boards for capital
4069outlay projects shall be determined as follows:
4070     (2)(a)  The department shall establish, as a part of the
4071Public Education Capital Outlay and Debt Service Trust Fund, a
4072separate account, in an amount determined by the Legislature, to
4073be known as the "Special Facility Construction Account." The
4074Special Facility Construction Account shall be used to provide
4075necessary construction funds to school districts which have
4076urgent construction needs but which lack sufficient resources at
4077present, and cannot reasonably anticipate sufficient resources
4078within the period of the next 3 years, for these purposes from
4079currently authorized sources of capital outlay revenue. A school
4080district requesting funding from the Special Facility
4081Construction Account shall submit one specific construction
4082project, not to exceed one complete educational plant, to the
4083Special Facility Construction Committee. No district shall
4084receive funding for more than one approved project in any 3-year
4085period. The first year of the 3-year period shall be the first
4086year a district receives an appropriation. The department shall
4087encourage a construction program that reduces the average size
4088of schools in the district. The request must meet the following
4089criteria to be considered by the committee:
4090     1.  The project must be deemed a critical need and must be
4091recommended for funding by the Special Facility Construction
4092Committee. Prior to developing plans for the proposed facility,
4093the district school board must request a preapplication review
4094by the Special Facility Construction Committee or a project
4095review subcommittee convened by the committee to include two
4096representatives of the department and two staff from school
4097districts not eligible to participate in the program. Within 60
4098days after receiving the preapplication review request, the
4099committee or subcommittee must meet in the school district to
4100review the project proposal and existing facilities. To
4101determine whether the proposed project is a critical need, the
4102committee or subcommittee shall consider, at a minimum, the
4103capacity of all existing facilities within the district as
4104determined by the Florida Inventory of School Houses; the
4105district's pattern of student growth; the district's existing
4106and projected capital outlay full-time equivalent student
4107enrollment as determined by the department; the district's
4108existing satisfactory student stations; the use of all existing
4109district property and facilities; grade level configurations;
4110and any other information that may affect the need for the
4111proposed project.
4112     2.  The construction project must be recommended in the
4113most recent survey or surveys by the district under the rules of
4114the State Board of Education.
4115     3.  The construction project must appear on the district's
4116approved project priority list under the rules of the State
4117Board of Education.
4118     4.  The district must have selected and had approved a site
4119for the construction project in compliance with s. 1013.36 and
4120the rules of the State Board of Education.
4121     5.  The district shall have developed a district school
4122board adopted list of facilities that do not exceed the norm for
4123net square feet occupancy requirements under the State
4124Requirements for Educational Facilities, using all possible
4125programmatic combinations for multiple use of space to obtain
4126maximum daily use of all spaces within the facility under
4127consideration.
4128     6.  Upon construction, the total cost per student station,
4129including change orders, must not exceed the cost per student
4130station as provided in subsection (6).
4131     7.  There shall be an agreement signed by the district
4132school board stating that it will advertise for bids within 30
4133days of receipt of its encumbrance authorization from the
4134department.
4135     8.  The district shall, at the time of the request and for
4136a continuing period of 3 years, levy the maximum millage against
4137their nonexempt assessed property value as allowed in s.
41381011.71(2) or shall raise an equivalent amount of revenue from
4139the school capital outlay surtax authorized under s. 212.055(6).
4140Any district with a new or active project, funded under the
4141provisions of this subsection, shall be required to budget no
4142more than the value of 1.5 mills per year to the project to
4143satisfy the annual participation requirement in the Special
4144Facility Construction Account.
4145     9.  If a contract has not been signed 90 days after the
4146advertising of bids, the funding for the specific project shall
4147revert to the Special Facility New Construction Account to be
4148reallocated to other projects on the list. However, an
4149additional 90 days may be granted by the commissioner.
4150     10.  The department shall certify the inability of the
4151district to fund the survey-recommended project over a
4152continuous 3-year period using projected capital outlay revenue
4153derived from s. 9(d), Art. XII of the State Constitution, as
4154amended, paragraph (3)(a) of this section, and s. 1011.71(2).
4155     11.  The district shall have on file with the department an
4156adopted resolution acknowledging its 3-year commitment of all
4157unencumbered and future revenue acquired from s. 9(d), Art. XII
4158of the State Constitution, as amended, paragraph (3)(a) of this
4159section, and s. 1011.71(2).
4160     12.  Final phase III plans must be certified by the board
4161as complete and in compliance with the building and life safety
4162codes prior to August 1.
4163     (b)  The department shall establish, as a part of the
4164Public Education Capital Outlay and Debt Service Trust Fund, a
4165separate account, in an amount determined by the Legislature, to
4166be known as the "High Growth County Facility Construction
4167Account." The account shall be used to provide necessary
4168construction funds to high growth school districts which have
4169urgent construction needs, but which lack sufficient resources
4170at present and cannot reasonably anticipate sufficient resources
4171within the period of the next 3 years, for these purposes from
4172currently authorized sources of capital outlay revenue and local
4173sources. A school district requesting funding from the account
4174shall submit one specific construction project, not to exceed
4175one complete educational plant, to the Special Facility
4176Construction Committee. No district shall receive funding for
4177more than one approved project in any 2-year period, provided
4178that any grants received under this paragraph must be fully
4179expended in order for a district to apply for additional funding
4180under this paragraph and all Classrooms First funds have been
4181allocated and expended by the district. The first year of the 2-
4182year period shall be the first year a district receives an
4183appropriation. The request must meet the following criteria to
4184be considered by the committee:
4185     1.  The project must be deemed a critical need and must be
4186recommended for funding by the Special Facility Construction
4187Committee. Prior to developing plans for the proposed facility,
4188the district school board must request a preapplication review
4189by the Special Facility Construction Committee or a project
4190review subcommittee convened by the committee to include two
4191representatives of the department and two staff from school
4192districts not eligible to participate in the program. Within 60
4193days after receiving the preapplication review request, the
4194committee or subcommittee must meet in the school district to
4195review the project proposal and existing facilities. To
4196determine whether the proposed project is a critical need, the
4197committee or subcommittee shall consider, at a minimum, the
4198capacity of all existing facilities within the district as
4199determined by the Florida Inventory of School Houses; the
4200district's pattern of student growth with priority given to
4201those districts that have equaled or exceeded twice the
4202statewide average in growth in capital outlay full-time
4203equivalent students over the previous 4 fiscal years; the
4204district's existing and projected capital outlay full-time
4205equivalent student enrollment as determined by the department
4206with priority given to these districts with 20,000 or more
4207capital outlay full-time equivalent students; the district's
4208existing satisfactory student stations; the use of all existing
4209district property and facilities; grade level configurations;
4210and any other information that may affect the need for the
4211proposed project.
4212     2.  The construction project must be recommended in the
4213most recent survey or surveys by the district under the rules of
4214the State Board of Education.
4215     3.  The construction project includes either a recreational
4216facility or media center that will be jointly used with a local
4217government.
4218     4.  The construction project must appear on the district's
4219approved project priority list under the rules of the State
4220Board of Education.
4221     5.  The district must have selected and had approved a site
4222for the construction project in compliance with the interlocal
4223agreement with the appropriate local government, s. 1013.36, and
4224the rules of the State Board of Education.
4225     6.  The district shall have developed a district school
4226board adopted list of facilities that do not exceed the norm for
4227net square feet occupancy requirements under the state
4228requirements for educational facilities, using all possible
4229programmatic combinations for multiple use of space to obtain
4230maximum daily use of all spaces within the facility under
4231consideration.
4232     7.  Upon construction, the total cost per student station,
4233including change orders, must not exceed the cost per student
4234station as provided in subsection (6).
4235     8.  There shall be an agreement signed by the district
4236school board stating that it will advertise for bids within 30
4237days after receipt of its encumbrance authorization from the
4238department.
4239     9.  If a contract has not been signed 90 days after the
4240advertising of bids, the funding for the specific project shall
4241revert to the Special Facility Construction Account to be
4242reallocated to other projects on the list. However, an
4243additional 90 days may be granted by the commissioner.
4244     10.  Final phase III plans must be certified by the board
4245as complete and in compliance with the building and life safety
4246codes prior to August 1.
4247     (c)(b)  The Special Facility Construction Committee shall
4248be composed of the following: two representatives of the
4249Department of Education, a representative from the Governor's
4250office, a representative selected annually by the district
4251school boards, and a representative selected annually by the
4252superintendents.
4253     (d)(c)  The committee shall review the requests submitted
4254from the districts, evaluate the ability of the project to
4255relieve critical needs, and rank the requests in priority order.
4256This statewide priority list for special facilities construction
4257shall be submitted to the Legislature in the commissioner's
4258annual capital outlay legislative budget request at least 45
4259days prior to the legislative session. For the initial year of
4260the funding of the program outlined in paragraph (b), the
4261Special Facility Construction Committee shall authorize the
4262disbursement of funds appropriated by the Legislature for the
4263purposes of the program funded by the High Growth County
4264Facility Construction Account created in paragraph (b).
4265     Section 30.  School Concurrency Task Force.-
4266     (1)  The School Concurrency Task Force is created to review
4267the requirements for school concurrency in law and make
4268recommendations regarding streamlining the process and
4269procedures for establishing school concurrency. The task force
4270shall also examine the methodology and processes used for the
4271funding of construction of public schools and make
4272recommendations on revisions to provisions of law and rules
4273which will help ensure that schools are built and available when
4274the expected demands of growth produce the need for new school
4275facilities.
4276     (2)  The task force shall be composed of 11 members. The
4277membership must represent local governments, school boards,
4278developers and homebuilders, the business community, the
4279agriculture community, the environmental community, and other
4280appropriate stakeholders. The task force shall include two
4281members appointed by the Governor, two members appointed by the
4282President of the Senate, two members appointed by the Speaker of
4283the House of Representatives, one member appointed by the
4284Florida School Boards Association, one member appointed by the
4285Florida Association of Counties, and one member appointed by the
4286Florida League of Cities. The Secretary of the Department of
4287Community Affairs, or a senior management designee, and the
4288Commissioner of Education, or a senior management designee,
4289shall also be ex officio nonvoting members on the task force.
4290     (3)  The task force shall report to the Governor, the
4291President of the Senate, and the Speaker of the House of
4292Representatives no later than December 1, 2005, with specific
4293recommendations for revisions to provisions of law and rules.
4294     Section 31.  Section 163.31776, Florida Statutes, is
4295repealed.
4296     Section 32.  Beginning in fiscal year 2005-2006, the
4297Department of Transportation shall allocate sufficient funds to
4298implement the transportation provisions of the Sustainable
4299Florida Act of 2005. The department shall develop a plan to
4300expend these revenues and amend the current tentative work
4301program for the time period 2005-2006. In addition, prior to
4302work program adoption, the department shall submit a budget
4303amendment pursuant to s. 339.135(7), Florida Statutes. The
4304department shall provide a report to the President of the Senate
4305and the Speaker of the House of Representative by February 1,
43062006, identifying the program adjustments it has made consistent
4307with the provisions of the Sustainable Florida Transportation
4308Program.
4309     Section 33.  Effective July 1, 2005, the sum of $433.25
4310million from non-recurring General Revenue is appropriated to
4311the State Transportation Trust Fund in the Department of
4312Transportation to be allocated as follows:
4313     (1)  The sum of $100 million for the State-funded
4314Infrastructure Bank pursuant to s. 339.55, Florida Statutes, to
4315be available as loans for local government projects consistent
4316with the provisions of the Transportation Incentive Program for
4317a Sustainable Florida
4318     (2)  The sum of $333.25 million for Transportation
4319Incentive Program for a Sustainable Florida pursuant to s.
4320339.28171, Florida Statutes.
4321     Section 34.  Funding for Sustainable Water
4322Supplies.--Effective July 1, 2005, the sum of $100 million from
4323recurring general revenue for distribution pursuant to s.
4324373.19615, Florida Statutes. The sum of $50 million from
4325nonrecurring general revenue is appropriated to the Department
4326of Environmental Protection for distribution pursuant to s.
4327373.19616, Florida Statutes.
4328     Section 35.  Funding for Sustainable Schools.--In order to
4329provide for innovative approaches to meet school capacity
4330demands, effective July 1, 2005, the sum of $80 million is
4331transferred from recurring general revenue to the Public
4332Education Capital Outlay and Debt Service Trust Fund in the
4333Department of Education to be used as follows:
4334     (1)  The sum of $35 million from recurring funds in the
4335Public Education Capital Outlay and Debt Service Trust Fund
4336shall be used for the Charter School Incentive Program for
4337Sustainable Schools created pursuant to section 1013.352,
4338Florida Statutes.
4339     (2)  The sum of $15 million from recurring funds in the
4340Public Education Capital Outlay and Debt Service Trust Fund
4341shall be used for educational facilities benefit districts as
4342provided in s. 1013.356(3), Florida Statutes, as follows: for
4343construction and capital maintenance costs not covered by the
4344funds provided under s. 1013.356(1), Florida Statutes, in fiscal
4345year 2005-2006, an amount contributed by the state equal to 25
4346percent of the remaining costs of construction and capital
4347maintenance of the educational facilities, up to $2 million. Any
4348construction costs above the cost-per-student criteria
4349established for the SIT Program in s. 1013.72(2), Florida
4350Statutes, shall be funded exclusively by the educational
4351facilities benefit district or the community development
4352district. Funds contributed by a district school board shall not
4353be used to fund operational costs. Funds not committed by March
435431, 2006, revert to the Charter School Incentive Program for
4355Sustainable Schools created pursuant to s. 1013.352, Florida
4356Statutes.
4357     (3)  The sum of $30 million from recurring funds in the
4358Public Education Capital Outlay and Debt Service Trust Fund
4359shall be transferred annually from the Public Education Capital
4360Outlay and Debt Service Trust Fund to the High Growth County
4361Facility Construction Account.
4362
4363Notwithstanding the requirements of ss. 1013.64 and 1013.65,
4364Florida Statutes, these moneys may not be distributes as part of
4365the comprehensive plan for the Public Education Capital Outlay
4366and Debt Service Trust Fund.
4367     Section 36.  (1)  Effective July 1, 2005, the sum of
4368$85,618,291 is appropriated from nonrecurring general revenue
4369for the Classrooms for Kids Program pursuant to s. 1013.735,
4370Florida Statutes.
4371     (2)  Effective July 1, 2005, the sum of $181,131,709 is
4372appropriated from nonrecurring general revenue to assist school
4373districts in meeting the school concurrency provisions under
4374this act. Such funds shall be distributed to school districts
4375under the formula pursuant to s. 1013.735(1), Florida Statutes
4376     Section 37.  Statewide Technical Assistance for a
4377Sustainable Florida.--In order to assist local governments and
4378school boards to implement the provisions of this act, effective
4379July 1, 2005, the sum of $3 million is appropriated from
4380recurring general revenue to the Department of Community
4381Affairs. The department shall provide a report to the Governor,
4382the President of the Senate, and the Speaker of the House of
4383Representatives by February 1, 2006, on the progress made toward
4384implementing this act and a recommendation of whether additional
4385funds should be appropriated to provide additional technical
4386assistance to implement this act.
4387     Section 38.  Effective July 1, 2005, the sum of $250,000 is
4388appropriated from recurring general revenue to the Department of
4389Community Affairs to provide the necessary staff and other
4390assistance to the Century Commission for a Sustainable Florida
4391required by section 11.
4392     Section 39.  This act shall take effect July 1, 2005.


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