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Amendment CaShTmL-811680.HTM
    Florida Senate - 2005            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 360
                        Barcode 811680
    578-1983E-05
    Proposed Committee Substitute by the Committee on Community
    Affairs (Technically corrected copy.)
 1                      A bill to be entitled
 2         An act relating to infrastructure funding;
 3         amending s. 163.3164, F.S.; defining the term
 4         "financial feasibility"; amending s. 163.3177,
 5         F.S.; revising requirements for the capitol
 6         improvements element of a comprehensive plan;
 7         providing requirements for a local government
 8         that prepares its own water supply analysis for
 9         purposes of an element of the comprehensive
10         plan; authorizing planning for
11         multijurisdictional water supply facilities;
12         providing requirements for counties and
13         municipalities with respect to the public
14         school facilities element; requiring an
15         interlocal agreement; exempting certain
16         municipalities from such requirements;
17         requiring that the state land planning agency
18         establish a schedule for adopting and updating
19         the public school facilities element;
20         encouraging local governments to include
21         community vision and an urban service boundary
22         component to their comprehensive plans;
23         prescribing taxing authority of local
24         governments doing so; repealing s. 163.31776,
25         F.S., relating to the public educational
26         facilities element; amending s. 163.31777,
27         F.S.; revising the requirements for the public
28         schools interlocal agreement to conform to
29         changes made by the act; amending s. 163.3180,
30         F.S.; revising requirements for concurrency;
31         providing for schools to be subject to
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Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 concurrency requirements; requiring that an 2 adequate water supply be available for new 3 development; revising requirements for 4 transportation facilities; requiring that 5 certain level-of-service standards be 6 maintained; providing guidelines under which a 7 local government may grant an exception to the 8 comprehensive plan; revising the types of 9 impact that constitute a de minimis impact; 10 requiring local government to adopt 11 level-of-service standards for roadways on the 12 Strategic Intermodal System; requiring that 13 school concurrency be established districtwide; 14 providing certain exceptions; authorizing a 15 local government to approve a development order 16 if the developer executes a commitment to 17 mitigate the impacts on public school 18 facilities; providing requirements for such 19 proportionate-share mitigation; revising 20 requirements for interlocal agreements with 21 respect to public school facilities; amending 22 s. 163.3184, F.S.; prescribing authority of 23 local governments to adopt plan amendments 24 after adopting community vision and an urban 25 service boundary; providing a requirement with 26 respect to adoption of a plan amendment that 27 increases residential density; amending s. 28 163.3191, F.S.; providing additional 29 requirements for the evaluation and assessment 30 of the comprehensive plan for counties and 31 municipalities that do not have a public 2 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 schools interlocal agreement; amending s. 2 212.055, F.S.; revising permissible rates for 3 charter county transit system surtax; revising 4 methods for approving such a surtax; revising 5 methods for approving a local government 6 infrastructure surtax; revising a ceiling on 7 rates of small county surtaxes; revising 8 methods for approving a school capital outlay 9 surtax; amending s. 206.41, F.S.; providing for 10 annual adjustment of the ninth-cent fuel tax 11 and local option fuel tax; amending s. 336.021, 12 F.S.; limiting authority of a county to impose 13 the ninth-cent fuel tax without adopting a 14 community vision; amending s. 336.025, F.S.; 15 limiting authority of a county to impose the 16 local option fuel tax without adopting a 17 community vision; amending s. 339.135, F.S., 18 relating to tentative work programs of the 19 Department of Transportation; conforming 20 provisions to changes made by the act; creating 21 s. 163.3247, F.S.; providing a popular name; 22 providing legislative findings and intent; 23 creating the Century Commission for certain 24 purposes; providing for appointment of 25 commission members; providing for terms; 26 providing for meetings and votes of members; 27 requiring members to serve without 28 compensation; providing for per diem and travel 29 expenses; providing powers and duties of the 30 commission; requiring the creation of a joint 31 select committee of the Legislature; providing 3 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 purposes; requiring the Secretary of Community 2 Affairs to select an executive director of the 3 commission; requiring the Department of 4 Community Affairs to provide staff for the 5 commission; providing for other agency staff 6 support for the commission; providing an 7 appropriation; providing effective dates. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Subsection (32) is added to section 12 163.3164, Florida Statutes, to read: 13 163.3164 Local Government Comprehensive Planning and 14 Land Development Regulation Act; definitions.--As used in this 15 act: 16 (32) "Financial feasibility" means that sufficient 17 revenues are currently available or will be available from 18 committed funding sources available for financing capital 19 improvements, such as ad valorem taxes, bonds, state and 20 federal funds, tax revenues, and impact fees and developer 21 contributions, which are adequate to fund the projected costs 22 of the capital improvements necessary to ensure that adopted 23 level-of-service standards are achieved and maintained. The 24 revenue sources must be included in the 5-year schedule of 25 capital improvements and be available during the established 26 planning period of the comprehensive plan. 27 Section 2. Subsections (2), (3), (6), and (12) of 28 section 163.3177, Florida Statutes, are amended, and 29 subsections (13) and (14) are added to that section, to read: 30 163.3177 Required and optional elements of 31 comprehensive plan; studies and surveys.-- 4 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 (2) Coordination of the several elements of the local 2 comprehensive plan shall be a major objective of the planning 3 process. The several elements of the comprehensive plan shall 4 be consistent, and the comprehensive plan shall be financially 5 economically feasible. Financial feasibility shall be 6 determined using professionally accepted methodologies. 7 (3)(a) The comprehensive plan shall contain a capital 8 improvements element designed to consider the need for and the 9 location of public facilities in order to encourage the 10 efficient utilization of such facilities and set forth: 11 1. A component which outlines principles for 12 construction, extension, or increase in capacity of public 13 facilities, as well as a component which outlines principles 14 for correcting existing public facility deficiencies, which 15 are necessary to implement the comprehensive plan. The 16 components shall cover at least a 5-year period. 17 2. Estimated public facility costs, including a 18 delineation of when facilities will be needed, the general 19 location of the facilities, and projected revenue sources to 20 fund the facilities. 21 3. Standards to ensure the availability of public 22 facilities and the adequacy of those facilities including 23 acceptable levels of service. 24 4. Standards for the management of debt. 25 5. A schedule of capital improvements which recognizes 26 and includes publicly funded projects, and which may include 27 privately funded projects for which the local government has 28 no fiscal responsibility but which are necessary to ensure 29 that adopted level-of-service standards are achieved and 30 maintained. For capital improvements that will be funded by 31 the developer, financial feasibility shall be demonstrated by 5 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 being guaranteed in an enforceable development agreement 2 pursuant to paragraph (10)(h) and shall be reflected in the 3 schedule of capital improvements. If the local government uses 4 planned revenue sources that require referenda or other 5 actions to secure the revenue source, the plan must, in the 6 event the referenda are not passed or actions do not secure 7 the planned revenue source, identify other existing revenue 8 sources that will be used to fund the capital projects or 9 otherwise amend the plan to ensure financial feasibility. 10 6. The schedule must include transportation 11 improvements included in the applicable metropolitan planning 12 organization's transportation improvement program adopted 13 pursuant to s. 339.175(7) to the extent that such improvements 14 are relied upon to ensure concurrency and financial 15 feasibility. The schedule must also be consistent, to the 16 maximum extent feasible, with the applicable metropolitan 17 planning organization's long-range transportation plan adopted 18 pursuant to s. 339.175(6). 19 (b) The capital improvements element shall be reviewed 20 on an annual basis and modified as necessary in accordance 21 with s. 163.3187 or s. 163.3189, in order to maintain a 22 financially feasible 5-year schedule of capital improvements 23 which are necessary to ensure that adopted level-of-service 24 standards are achieved and maintained except that corrections, 25 updates, and modifications concerning costs,; revenue sources, 26 or; acceptance of facilities pursuant to dedications which are 27 consistent with the plan; or the date of construction of any 28 facility enumerated in the capital improvements element may be 29 accomplished by ordinance and shall not be deemed to be 30 amendments to the local comprehensive plan. A copy of the 31 ordinance shall be transmitted to the state land planning 6 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 agency. An amendment to the comprehensive plan is required to 2 update the schedule on an annual basis or to eliminate, defer, 3 or delay the construction for any facility listed in the 4 5-year schedule. All public facilities shall be consistent 5 with the capital improvements element. Amendments to implement 6 this section must be filed no later than December 1, 2007. 7 Thereafter, a local government may not amend its comprehensive 8 plan, except for plan amendments to update the schedule, plan 9 amendments to meet new requirements under this part, and 10 emergency amendments pursuant to s. 163.3187(1)(a), after 11 December 1 of every year and thereafter, unless and until the 12 local government has adopted the annual update and the annual 13 update to the schedule of capital improvements is found in 14 compliance. 15 (c) If the local government does not adopt the 16 required annual update to the schedule of capital improvements 17 or the annual update is found not in compliance, the state 18 land planning agency must notify the Administration 19 Commission. A local government that has a demonstrated lack of 20 commitment to meeting its obligations identified in the 21 capital improvement element may be subject to sanctions by the 22 Administration Commission pursuant to s. 163.3184(11). 23 (d) If a local government adopts a long-term 24 concurrency management system pursuant to s. 163.3180(9), it 25 must also adopt a long-term capital improvements schedule 26 covering up to a 10-year or 15-year period, and must update 27 the long-term schedule annually. The long-term schedule of 28 capital improvements must be financially feasible and 29 consistent with other portions of the adopted local plan, 30 including the future land-use map. 31 (6) In addition to the requirements of subsections 7 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 (1)-(5), the comprehensive plan shall include the following 2 elements: 3 (a) A future land use plan element designating 4 proposed future general distribution, location, and extent of 5 the uses of land for residential uses, commercial uses, 6 industry, agriculture, recreation, conservation, education, 7 public buildings and grounds, other public facilities, and 8 other categories of the public and private uses of land. 9 Counties are encouraged to designate rural land stewardship 10 areas, pursuant to the provisions of paragraph (11)(d), as 11 overlays on the future land use map. Each future land use 12 category must be defined in terms of uses included, and must 13 include standards to be followed in the control and 14 distribution of population densities and building and 15 structure intensities. The proposed distribution, location, 16 and extent of the various categories of land use shall be 17 shown on a land use map or map series which shall be 18 supplemented by goals, policies, and measurable objectives. 19 The future land use plan shall be based upon surveys, studies, 20 and data regarding the area, including the amount of land 21 required to accommodate anticipated growth; the projected 22 population of the area; the character of undeveloped land; the 23 availability of water supplies, public facilities, and 24 services; the need for redevelopment, including the renewal of 25 blighted areas and the elimination of nonconforming uses which 26 are inconsistent with the character of the community; the 27 compatibility of uses on lands adjacent to or closely 28 proximate to military installations; and, in rural 29 communities, the need for job creation, capital investment, 30 and economic development that will strengthen and diversify 31 the community's economy. The future land use plan may 8 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 designate areas for future planned development use involving 2 combinations of types of uses for which special regulations 3 may be necessary to ensure development in accord with the 4 principles and standards of the comprehensive plan and this 5 act. The future land use plan element shall include criteria 6 to be used to achieve the compatibility of adjacent or closely 7 proximate lands with military installations. In addition, for 8 rural communities, the amount of land designated for future 9 planned industrial use shall be based upon surveys and studies 10 that reflect the need for job creation, capital investment, 11 and the necessity to strengthen and diversify the local 12 economies, and shall not be limited solely by the projected 13 population of the rural community. The future land use plan of 14 a county may also designate areas for possible future 15 municipal incorporation. The land use maps or map series shall 16 generally identify and depict historic district boundaries and 17 shall designate historically significant properties meriting 18 protection. The future land use element must clearly identify 19 the land use categories in which public schools are an 20 allowable use. When delineating the land use categories in 21 which public schools are an allowable use, a local government 22 shall include in the categories sufficient land proximate to 23 residential development to meet the projected needs for 24 schools in coordination with public school boards and may 25 establish differing criteria for schools of different type or 26 size. Each local government shall include lands contiguous to 27 existing school sites, to the maximum extent possible, within 28 the land use categories in which public schools are an 29 allowable use. All comprehensive plans must comply with the 30 school siting requirements of this paragraph no later than 31 October 1, 1999. The failure by a local government to comply 9 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 with these school siting requirements by October 1, 1999, will 2 result in the prohibition of the local government's ability to 3 amend the local comprehensive plan, except for plan amendments 4 described in s. 163.3187(1)(b), until the school siting 5 requirements are met. Amendments proposed by a local 6 government for purposes of identifying the land use categories 7 in which public schools are an allowable use or for adopting 8 or amending the school-siting maps pursuant to s. 163.31776(3) 9 are exempt from the limitation on the frequency of plan 10 amendments contained in s. 163.3187. The future land use 11 element shall include criteria that encourage the location of 12 schools proximate to urban residential areas to the extent 13 possible and shall require that the local government seek to 14 collocate public facilities, such as parks, libraries, and 15 community centers, with schools to the extent possible and to 16 encourage the use of elementary schools as focal points for 17 neighborhoods. For schools serving predominantly rural 18 counties, defined as a county with a population of 100,000 or 19 fewer, an agricultural land use category shall be eligible for 20 the location of public school facilities if the local 21 comprehensive plan contains school siting criteria and the 22 location is consistent with such criteria. Local governments 23 required to update or amend their comprehensive plan to 24 include criteria and address compatibility of adjacent or 25 closely proximate lands with existing military installations 26 in their future land use plan element shall transmit the 27 update or amendment to the department by June 30, 2006. 28 (b) A traffic circulation element consisting of the 29 types, locations, and extent of existing and proposed major 30 thoroughfares and transportation routes, including bicycle and 31 pedestrian ways. Transportation corridors, as defined in s. 10 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 334.03, may be designated in the traffic circulation element 2 pursuant to s. 337.273. If the transportation corridors are 3 designated, the local government may adopt a transportation 4 corridor management ordinance. 5 (c) A general sanitary sewer, solid waste, drainage, 6 potable water, and natural groundwater aquifer recharge 7 element correlated to principles and guidelines for future 8 land use, indicating ways to provide for future potable water, 9 drainage, sanitary sewer, solid waste, and aquifer recharge 10 protection requirements for the area. The element may be a 11 detailed engineering plan including a topographic map 12 depicting areas of prime groundwater recharge. The element 13 shall describe the problems and needs and the general 14 facilities that will be required for solution of the problems 15 and needs. The element shall also include a topographic map 16 depicting any areas adopted by a regional water management 17 district as prime groundwater recharge areas for the Floridan 18 or Biscayne aquifers, pursuant to s. 373.0395. These areas 19 shall be given special consideration when the local government 20 is engaged in zoning or considering future land use for said 21 designated areas. For areas served by septic tanks, soil 22 surveys shall be provided which indicate the suitability of 23 soils for septic tanks. By December 1, 2006, the element must 24 be consistent with consider the appropriate water management 25 district's regional water supply plan approved pursuant to s. 26 373.0361. If the local government chooses to prepare its own 27 water supply analysis, it shall submit a description of the 28 data and methodology used to generate the analysis to the 29 state land planning agency with its plan when the plan is due 30 for compliance review unless it has submitted it for advance 31 review. The state land planning agency shall evaluate the 11 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 application of the methodology used by a local government in 2 preparing its own water supply analysis and determine whether 3 the particular methodology is professionally accepted. If 4 advance review is requested, the state land planning agency 5 shall provide its findings to the local government within 60 6 days. The state land planning agency shall be guided by the 7 applicable water management district in its review of any 8 methodology proposed by a local government. The element must 9 identify the water supply sources, including conservation and 10 reuse, necessary to meet existing and projected water-use 11 demand and must include a work plan, covering the 12 comprehensive plan's established at least a 10-year planning 13 period, for building public, private, and regional water 14 supply facilities, including development of alternative water 15 supplies, which that are identified in the element as 16 necessary to serve existing and new development and for which 17 the local government is responsible. The work plan shall be 18 updated, at a minimum, every 5 years within 12 months after 19 the governing board of a water management district approves an 20 updated regional water supply plan. Amendments to incorporate 21 the work plan do not count toward the limitation on the 22 frequency of adoption of amendments to the comprehensive plan. 23 Local governments, public and private utilities, regional 24 water supply authorities, and water management districts are 25 encouraged to cooperatively plan for the development of 26 multijurisdictional water supply facilities that are 27 sufficient to meet projected demands for established planning 28 periods, including the development of alternative water 29 sources to supplement traditional sources of ground and 30 surface water supplies. 31 (d) A conservation element for the conservation, use, 12 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 and protection of natural resources in the area, including 2 air, water, water recharge areas, wetlands, waterwells, 3 estuarine marshes, soils, beaches, shores, flood plains, 4 rivers, bays, lakes, harbors, forests, fisheries and wildlife, 5 marine habitat, minerals, and other natural and environmental 6 resources. Local governments shall assess their current, as 7 well as projected, water needs and sources for at least a 8 10-year period, considering the appropriate regional water 9 supply plan approved pursuant to s. 373.0361, or, in the 10 absence of an approved regional water supply plan, the 11 district water management plan approved pursuant to s. 12 373.036(2). This information shall be submitted to the 13 appropriate agencies. The land use map or map series 14 contained in the future land use element shall generally 15 identify and depict the following: 16 1. Existing and planned waterwells and cones of 17 influence where applicable. 18 2. Beaches and shores, including estuarine systems. 19 3. Rivers, bays, lakes, flood plains, and harbors. 20 4. Wetlands. 21 5. Minerals and soils. 22 23 The land uses identified on such maps shall be consistent with 24 applicable state law and rules. 25 (e) A recreation and open space element indicating a 26 comprehensive system of public and private sites for 27 recreation, including, but not limited to, natural 28 reservations, parks and playgrounds, parkways, beaches and 29 public access to beaches, open spaces, and other recreational 30 facilities. 31 (f)1. A housing element consisting of standards, 13 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 plans, and principles to be followed in: 2 a. The provision of housing for all current and 3 anticipated future residents of the jurisdiction. 4 b. The elimination of substandard dwelling conditions. 5 c. The structural and aesthetic improvement of 6 existing housing. 7 d. The provision of adequate sites for future housing, 8 including housing for low-income, very low-income, and 9 moderate-income families, mobile homes, and group home 10 facilities and foster care facilities, with supporting 11 infrastructure and public facilities. 12 e. Provision for relocation housing and identification 13 of historically significant and other housing for purposes of 14 conservation, rehabilitation, or replacement. 15 f. The formulation of housing implementation programs. 16 g. The creation or preservation of affordable housing 17 to minimize the need for additional local services and avoid 18 the concentration of affordable housing units only in specific 19 areas of the jurisdiction. 20 21 The goals, objectives, and policies of the housing element 22 must be based on the data and analysis prepared on housing 23 needs, including the affordable housing needs assessment. 24 State and federal housing plans prepared on behalf of the 25 local government must be consistent with the goals, 26 objectives, and policies of the housing element. Local 27 governments are encouraged to utilize job training, job 28 creation, and economic solutions to address a portion of their 29 affordable housing concerns. 30 2. To assist local governments in housing data 31 collection and analysis and assure uniform and consistent 14 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 information regarding the state's housing needs, the state 2 land planning agency shall conduct an affordable housing needs 3 assessment for all local jurisdictions on a schedule that 4 coordinates the implementation of the needs assessment with 5 the evaluation and appraisal reports required by s. 163.3191. 6 Each local government shall utilize the data and analysis from 7 the needs assessment as one basis for the housing element of 8 its local comprehensive plan. The agency shall allow a local 9 government the option to perform its own needs assessment, if 10 it uses the methodology established by the agency by rule. 11 (g) For those units of local government identified in 12 s. 380.24, a coastal management element, appropriately related 13 to the particular requirements of paragraphs (d) and (e) and 14 meeting the requirements of s. 163.3178(2) and (3). The 15 coastal management element shall set forth the policies that 16 shall guide the local government's decisions and program 17 implementation with respect to the following objectives: 18 1. Maintenance, restoration, and enhancement of the 19 overall quality of the coastal zone environment, including, 20 but not limited to, its amenities and aesthetic values. 21 2. Continued existence of viable populations of all 22 species of wildlife and marine life. 23 3. The orderly and balanced utilization and 24 preservation, consistent with sound conservation principles, 25 of all living and nonliving coastal zone resources. 26 4. Avoidance of irreversible and irretrievable loss of 27 coastal zone resources. 28 5. Ecological planning principles and assumptions to 29 be used in the determination of suitability and extent of 30 permitted development. 31 6. Proposed management and regulatory techniques. 15 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 7. Limitation of public expenditures that subsidize 2 development in high-hazard coastal areas. 3 8. Protection of human life against the effects of 4 natural disasters. 5 9. The orderly development, maintenance, and use of 6 ports identified in s. 403.021(9) to facilitate deepwater 7 commercial navigation and other related activities. 8 10. Preservation, including sensitive adaptive use of 9 historic and archaeological resources. 10 (h)1. An intergovernmental coordination element 11 showing relationships and stating principles and guidelines to 12 be used in the accomplishment of coordination of the adopted 13 comprehensive plan with the plans of school boards and other 14 units of local government or regional water authorities 15 providing services but not having regulatory authority over 16 the use of land, with the comprehensive plans of adjacent 17 municipalities, the county, adjacent counties, or the region, 18 with the state comprehensive plan and with the applicable 19 regional water supply plan approved pursuant to s. 373.0361, 20 as the case may require and as such adopted plans or plans in 21 preparation may exist. This element of the local 22 comprehensive plan shall demonstrate consideration of the 23 particular effects of the local plan, when adopted, upon the 24 development of adjacent municipalities, the county, adjacent 25 counties, or the region, or upon the state comprehensive plan, 26 as the case may require. 27 a. The intergovernmental coordination element shall 28 provide for procedures to identify and implement joint 29 planning areas, especially for the purpose of annexation, 30 municipal incorporation, and joint infrastructure service 31 areas. 16 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 b. The intergovernmental coordination element shall 2 provide for recognition of campus master plans prepared 3 pursuant to s. 1013.30. 4 c. The intergovernmental coordination element may 5 provide for a voluntary dispute resolution process as 6 established pursuant to s. 186.509 for bringing to closure in 7 a timely manner intergovernmental disputes. A local 8 government may develop and use an alternative local dispute 9 resolution process for this purpose. 10 2. The intergovernmental coordination element shall 11 further state principles and guidelines to be used in the 12 accomplishment of coordination of the adopted comprehensive 13 plan with the plans of school boards and other units of local 14 government providing facilities and services but not having 15 regulatory authority over the use of land. In addition, the 16 intergovernmental coordination element shall describe joint 17 processes for collaborative planning and decisionmaking on 18 population projections and public school siting, the location 19 and extension of public facilities subject to concurrency, and 20 siting facilities with countywide significance, including 21 locally unwanted land uses whose nature and identity are 22 established in an agreement. Within 1 year of adopting their 23 intergovernmental coordination elements, each county, all the 24 municipalities within that county, the district school board, 25 and any unit of local government service providers in that 26 county shall establish by interlocal or other formal agreement 27 executed by all affected entities, the joint processes 28 described in this subparagraph consistent with their adopted 29 intergovernmental coordination elements. 30 3. To foster coordination between special districts 31 and local general-purpose governments as local general-purpose 17 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 governments implement local comprehensive plans, each 2 independent special district must submit a public facilities 3 report to the appropriate local government as required by s. 4 189.415. 5 4.a. Local governments adopting a public educational 6 facilities element pursuant to s. 163.31776 must execute an 7 interlocal agreement with the district school board, the 8 county, and nonexempt municipalities pursuant to s. 163.31777, 9 as defined by s. 163.31776(1), which includes the items listed 10 in s. 163.31777(2). The local government shall amend the 11 intergovernmental coordination element to provide that 12 coordination between the local government and school board is 13 pursuant to the agreement and shall state the obligations of 14 the local government under the agreement. 15 b. Plan amendments that comply with this subparagraph 16 are exempt from the provisions of s. 163.3187(1). 17 5. The state land planning agency shall establish a 18 schedule for phased completion and transmittal of plan 19 amendments to implement subparagraphs 1., 2., and 3. from all 20 jurisdictions so as to accomplish their adoption by December 21 31, 1999. A local government may complete and transmit its 22 plan amendments to carry out these provisions prior to the 23 scheduled date established by the state land planning agency. 24 The plan amendments are exempt from the provisions of s. 25 163.3187(1). 26 6. By January 1, 2004, any county having a population 27 greater than 100,000, and the municipalities and special 28 districts within that county, shall submit a report to the 29 Department of Community Affairs which: 30 a. Identifies all existing or proposed interlocal 31 service-delivery agreements regarding the following: 18 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 education; sanitary sewer; public safety; solid waste; 2 drainage; potable water; parks and recreation; and 3 transportation facilities. 4 b. Identifies any deficits or duplication in the 5 provision of services within its jurisdiction, whether capital 6 or operational. Upon request, the Department of Community 7 Affairs shall provide technical assistance to the local 8 governments in identifying deficits or duplication. 9 7. Within 6 months after submission of the report, the 10 Department of Community Affairs shall, through the appropriate 11 regional planning council, coordinate a meeting of all local 12 governments within the regional planning area to discuss the 13 reports and potential strategies to remedy any identified 14 deficiencies or duplications. 15 8. Each local government shall update its 16 intergovernmental coordination element based upon the findings 17 in the report submitted pursuant to subparagraph 6. The report 18 may be used as supporting data and analysis for the 19 intergovernmental coordination element. 20 9. By February 1, 2003, representatives of 21 municipalities, counties, and special districts shall provide 22 to the Legislature recommended statutory changes for 23 annexation, including any changes that address the delivery of 24 local government services in areas planned for annexation. 25 (i) The optional elements of the comprehensive plan in 26 paragraphs (7)(a) and (b) are required elements for those 27 municipalities having populations greater than 50,000, and 28 those counties having populations greater than 75,000, as 29 determined under s. 186.901. 30 (j) For each unit of local government within an 31 urbanized area designated for purposes of s. 339.175, a 19 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 transportation element, which shall be prepared and adopted in 2 lieu of the requirements of paragraph (b) and paragraphs 3 (7)(a), (b), (c), and (d) and which shall address the 4 following issues: 5 1. Traffic circulation, including major thoroughfares 6 and other routes, including bicycle and pedestrian ways. 7 2. All alternative modes of travel, such as public 8 transportation, pedestrian, and bicycle travel. 9 3. Parking facilities. 10 4. Aviation, rail, seaport facilities, access to those 11 facilities, and intermodal terminals. 12 5. The availability of facilities and services to 13 serve existing land uses and the compatibility between future 14 land use and transportation elements. 15 6. The capability to evacuate the coastal population 16 prior to an impending natural disaster. 17 7. Airports, projected airport and aviation 18 development, and land use compatibility around airports. 19 8. An identification of land use densities, building 20 intensities, and transportation management programs to promote 21 public transportation systems in designated public 22 transportation corridors so as to encourage population 23 densities sufficient to support such systems. 24 9. May include transportation corridors, as defined in 25 s. 334.03, intended for future transportation facilities 26 designated pursuant to s. 337.273. If transportation corridors 27 are designated, the local government may adopt a 28 transportation corridor management ordinance. 29 (k) An airport master plan, and any subsequent 30 amendments to the airport master plan, prepared by a licensed 31 publicly owned and operated airport under s. 333.06 may be 20 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 incorporated into the local government comprehensive plan by 2 the local government having jurisdiction under this act for 3 the area in which the airport or projected airport development 4 is located by the adoption of a comprehensive plan amendment. 5 In the amendment to the local comprehensive plan that 6 integrates the airport master plan, the comprehensive plan 7 amendment shall address land use compatibility consistent with 8 chapter 333 regarding airport zoning; the provision of 9 regional transportation facilities for the efficient use and 10 operation of the transportation system and airport; 11 consistency with the local government transportation 12 circulation element and applicable metropolitan planning 13 organization long-range transportation plans; and the 14 execution of any necessary interlocal agreements for the 15 purposes of the provision of public facilities and services to 16 maintain the adopted level of service standards for facilities 17 subject to concurrency; and may address airport-related or 18 aviation-related development. Development or expansion of an 19 airport consistent with the adopted airport master plan that 20 has been incorporated into the local comprehensive plan in 21 compliance with this part, and airport-related or 22 aviation-related development that has been addressed in the 23 comprehensive plan amendment that incorporates the airport 24 master plan, shall not be a development of regional impact. 25 Notwithstanding any other general law, an airport that has 26 received a development-of-regional-impact development order 27 pursuant to s. 380.06, but which is no longer required to 28 undergo development-of-regional-impact review pursuant to this 29 subsection, may abandon its development-of-regional-impact 30 order upon written notification to the applicable local 31 government. Upon receipt by the local government, the 21 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 development-of-regional-impact development order is void. 2 (12) A public school facilities element adopted to 3 implement a school concurrency program shall meet the 4 requirements of this subsection. 5 (a) In order to enact a public school facilities 6 element, the county and each municipality must adopt a 7 consistent public school facilities element and enter the 8 interlocal agreement pursuant to s. 163.31777. The state land 9 planning agency may provide a waiver to a county and to the 10 municipalities within the county if the utilization rate for 11 all schools within the district is less than 100 percent and 12 the projected 5-year capital outlay full-time equivalent 13 student growth rate is less than 10 percent. The state land 14 planning agency may, at its discretion, allow for a single 15 school to exceed the 100-percent limitation if it can be 16 demonstrated that the utilization rate for that single school 17 is not greater than 105 percent and there is no projected 18 growth in the capital outlay full-time equivalent student 19 population over the next 5 years. A municipality in a 20 nonexempt county is exempt if the municipality meets all of 21 the following criteria for having no significant impact on 22 school attendance: 23 1. The municipality has issued development orders for 24 fewer than 50 residential dwelling units during the preceding 25 5 years, or the municipality has generated fewer than 25 26 additional public school students during the preceding 5 27 years. 28 2. The municipality has not annexed new land during 29 the preceding 5 years in land use categories that permit 30 residential uses that will affect school attendance rates. 31 3. The municipality has no public schools located 22 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 within its boundaries. 2 4. At least 80 percent of the developable land within 3 the boundaries of the municipality has been built upon. 4 (b)(a) A public school facilities element shall be 5 based upon data and analyses that address, among other items, 6 how level-of-service standards will be achieved and 7 maintained. Such data and analyses must include, at a minimum, 8 such items as: the interlocal agreement adopted pursuant to s. 9 163.31777 and the 5-year school district facilities work 10 program adopted pursuant to s. 1013.35; the educational plant 11 survey prepared pursuant to s. 1013.31 and an existing 12 educational and ancillary plant map or map series; information 13 on existing development and development anticipated for the 14 next 5 years and the long-term planning period; an analysis of 15 problems and opportunities for existing schools and schools 16 anticipated in the future; an analysis of opportunities to 17 collocate future schools with other public facilities such as 18 parks, libraries, and community centers; an analysis of the 19 need for supporting public facilities for existing and future 20 schools; an analysis of opportunities to locate schools to 21 serve as community focal points; projected future population 22 and associated demographics, including development patterns 23 year by year for the upcoming 5-year and long-term planning 24 periods; and anticipated educational and ancillary plants with 25 land area requirements. 26 (c)(b) The element shall contain one or more goals 27 which establish the long-term end toward which public school 28 programs and activities are ultimately directed. 29 (d)(c) The element shall contain one or more 30 objectives for each goal, setting specific, measurable, 31 intermediate ends that are achievable and mark progress toward 23 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 the goal. 2 (e)(d) The element shall contain one or more policies 3 for each objective which establish the way in which programs 4 and activities will be conducted to achieve an identified 5 goal. 6 (f)(e) The objectives and policies shall address items 7 such as: 8 1. The procedure for an annual update process; 9 2. The procedure for school site selection; 10 3. The procedure for school permitting; 11 4. Provision of supporting infrastructure necessary to 12 support proposed schools, including potable water, wastewater, 13 drainage, solid waste, transportation, and means by which to 14 assure safe access to schools, including sidewalks, bicycle 15 paths, turn lanes, and signalization; 16 5. Provision of colocation of other public facilities, 17 such as parks, libraries, and community centers, in proximity 18 to public schools; 19 6. Provision of location of schools proximate to 20 residential areas and to complement patterns of development, 21 including the location of future school sites so they serve as 22 community focal points; 23 7. Measures to ensure compatibility of school sites 24 and surrounding land uses; 25 8. Coordination with adjacent local governments and 26 the school district on emergency preparedness issues, 27 including the use of public schools to serve as emergency 28 shelters; and 29 9. Coordination with the future land use element. 30 (g)(f) The element shall include one or more future 31 conditions maps which depict the anticipated location of 24 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 educational and ancillary plants, including the general 2 location of improvements to existing schools or new schools 3 anticipated over the 5-year, or long-term planning period. The 4 maps will of necessity be general for the long-term planning 5 period and more specific for the 5-year period. Maps 6 indicating general locations of future schools or school 7 improvements may not prescribe a land use on a particular 8 parcel of land. 9 (h) The state land planning agency shall establish a 10 phased schedule for adoption of the public school facilities 11 element and the required updates to the public schools 12 interlocal agreement pursuant to s. 163.31777. The schedule 13 shall provide for each county and local government within the 14 county to adopt the element and update to the agreement no 15 later than December 1, 2008. Plan amendments to adopt a public 16 school facilities element are exempt from the provisions of s. 17 163.3187(1). 18 (13) Local governments are encouraged to develop a 19 community vision that provides for sustainable growth, 20 recognizes its fiscal constraints, and protects its natural 21 resources. At the request of a local government, the 22 applicable regional planning council shall provide assistance 23 in the development of a community vision. 24 (a) As part of the process of developing a community 25 vision under this section, the local government must hold two 26 public meetings with at least one of those meetings before the 27 land planning agency. Before those public hearings, the local 28 government must hold at least one public workshop with 29 stakeholder groups such as neighborhood associations, 30 community organizations, businesses, property owners, housing 31 and development interests, and environmental organizations. 25 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 (b) The local government must discuss the following 2 topics as part of the workshops and public meetings required 3 under paragraph (a): 4 1. Future growth in the area using population 5 forecasts from the Bureau of Economic and Business Research; 6 2. Priorities for economic development; 7 3. Preservation of open space, environmentally 8 sensitive lands, and agricultural lands; 9 4. Appropriate areas and standards for mixed-use 10 development; 11 5. Appropriate areas and standards for high-density 12 commercial and residential development; 13 6. Appropriate areas and standards for 14 economic-development opportunities and employment centers; 15 7. Provisions for adequate workforce housing; 16 8. An efficient, interconnected multimodal 17 transportation system; and 18 9. Opportunities to create land use patterns that 19 accommodate the issues listed in subparagraphs 1.-8. 20 (c) As part of the workshops and public meetings, the 21 local government must discuss strategies for implementing the 22 topics listed under paragraph (b), including: 23 1. Strategies to preserve open space, environmentally 24 sensitive lands, and agricultural lands, including a program 25 for the transfer of development rights; 26 2. Incentives for mixed-use development, including 27 increased height and intensity standards for buildings that 28 provide residential use in combination with office or 29 commercial space; 30 3. Incentives for workforce housing; 31 4. Designation of an urban service boundary pursuant 26 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 to subsection (2); and 2 5. Strategies to provide mobility within the community 3 and to protect the Strategic Intermodal System, including the 4 development of a transportation corridor management plan under 5 s. 337.273. 6 (d) The community vision must reflect the community's 7 shared concept for growth and development of the community, 8 including visual representations depicting the desired 9 land-use patterns and character of the community during a 10 10-year planning timeframe. 11 (e) After the workshops and public hearings required 12 under paragraph (a) are held, the local government may amend 13 its comprehensive plan to include the community vision as an 14 element in the plan. The plan amendment must be adopted at a 15 meeting of the governing body other than those required under 16 paragraph (a). This plan amendment must be consistent with 17 this part. 18 (f) Amendments submitted under this subsection are 19 exempt from the limitation on the frequency of plan amendments 20 in s. 163.3187. 21 (g) A county that has adopted a community vision may 22 levy a 1-cent, 2-cent, 3-cent, 4-cent, or 5-cent local option 23 fuel tax by a majority vote of its governing body in 24 accordance with s. 336.025(1)(b). 25 (h) A county that has adopted a community vision may 26 levy the ninth-cent fuel tax by a majority vote of its 27 governing body in accordance with s. 336.021(1)(a). 28 (14) Local governments are also encouraged to 29 designate an urban service boundary. This area must be 30 appropriate for compact, contiguous urban development within a 31 10-year planning timeframe. The urban service area boundary 27 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 must be identified on the future land use map or map series. 2 The local government shall demonstrate that the land included 3 within the urban service boundary is served or is planned to 4 be served with adequate public facilities and services based 5 on the local government's adopted level-of-service standards 6 by adopting a 10-year facilities plan in the capital 7 improvements element which is financially feasible within the 8 10-year planning timeframe. The local government shall 9 demonstrate that the amount of land within the urban service 10 boundary does not exceed the amount of land needed to 11 accommodate the projected population growth at densities 12 consistent with the adopted comprehensive plan within the 13 10-year planning timeframe. 14 (a) As part of the process of establishing an urban 15 service boundary, the local government must hold two public 16 meetings with at least one of those meetings before the land 17 planning agency. Before those public hearings, the local 18 government must hold at least one public workshop with 19 stakeholder groups such as neighborhood associations, 20 community organizations, businesses, property owners, housing 21 and development interests, and environmental organizations. 22 (b)1. After the workshops and public hearings required 23 under paragraph (a) are held, the local government may amend 24 its comprehensive plan to include the urban service boundary. 25 The plan amendment must be adopted at a meeting of the 26 governing body other than those required under paragraph (a). 27 This plan amendment must be consistent with this part. 28 2. This subsection does not prohibit new development 29 outside an urban service boundary. However, a local government 30 that establishes an urban service boundary under this 31 subsection is encouraged to require a full-cost accounting 28 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 analysis for any new development outside the boundary and to 2 consider the results of that analysis when adopting a plan 3 amendment for property outside the established urban service 4 boundary. 5 (c) Amendments submitted under this subsection are 6 exempt from the limitation on the frequency of plan amendments 7 in s. 163.3187. 8 (d) A county that has adopted a community vision under 9 subsection (13) and an urban service boundary under this 10 subsection as part of its comprehensive plan may levy the 11 charter county transit system surtax by a majority vote of the 12 governing body in accordance with s. 212.055(1). 13 (e) A county that has adopted a community vision under 14 subsection (13) and an urban service boundary under this 15 subsection may levy the local government infrastructure surtax 16 by a majority vote of its governing body in accordance with s. 17 212.055(2). 18 (f) A small county that has adopted a community vision 19 under subsection (13) and an urban service boundary under this 20 subsection may levy the local government infrastructure surtax 21 in accordance with s. 212.055(2) and the small county surtax 22 in accordance with s. 212.055(3) by a majority vote of its 23 governing body for a combined rate of up to 2 percent. 24 Section 3. Section 163.31776, Florida Statutes, is 25 repealed. 26 Section 4. Section 163.31777, Florida Statutes, is 27 amended to read: 28 163.31777 Public schools interlocal agreement.-- 29 (1)(a) The county and municipalities located within 30 the geographic area of a school district shall enter into an 31 interlocal agreement with the district school board which 29 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 jointly establishes the specific ways in which the plans and 2 processes of the district school board and the local 3 governments are to be coordinated. The interlocal agreements 4 shall be submitted to the state land planning agency and the 5 Office of Educational Facilities and the SMART Schools 6 Clearinghouse in accordance with a schedule published by the 7 state land planning agency. 8 (b) The schedule must establish staggered due dates 9 for submission of interlocal agreements that are executed by 10 both the local government and the district school board, 11 commencing on March 1, 2003, and concluding by December 1, 12 2004, and must set the same date for all governmental entities 13 within a school district. However, if the county where the 14 school district is located contains more than 20 15 municipalities, the state land planning agency may establish 16 staggered due dates for the submission of interlocal 17 agreements by these municipalities. The schedule must begin 18 with those areas where both the number of districtwide 19 capital-outlay full-time-equivalent students equals 80 percent 20 or more of the current year's school capacity and the 21 projected 5-year student growth is 1,000 or greater, or where 22 the projected 5-year student growth rate is 10 percent or 23 greater. 24 (c) If the student population has declined over the 25 5-year period preceding the due date for submittal of an 26 interlocal agreement by the local government and the district 27 school board, the local government and the district school 28 board may petition the state land planning agency for a waiver 29 of one or more requirements of subsection (2). The waiver must 30 be granted if the procedures called for in subsection (2) are 31 unnecessary because of the school district's declining school 30 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 age population, considering the district's 5-year facilities 2 work program prepared pursuant to s. 1013.35. The state land 3 planning agency may modify or revoke the waiver upon a finding 4 that the conditions upon which the waiver was granted no 5 longer exist. The district school board and local governments 6 must submit an interlocal agreement within 1 year after 7 notification by the state land planning agency that the 8 conditions for a waiver no longer exist. 9 (d) Interlocal agreements between local governments 10 and district school boards adopted pursuant to s. 163.3177 11 before the effective date of this section must be updated and 12 executed pursuant to the requirements of this section, if 13 necessary. Amendments to interlocal agreements adopted 14 pursuant to this section must be submitted to the state land 15 planning agency within 30 days after execution by the parties 16 for review consistent with this section. Local governments and 17 the district school board in each school district are 18 encouraged to adopt a single interlocal agreement to which all 19 join as parties. The state land planning agency shall assemble 20 and make available model interlocal agreements meeting the 21 requirements of this section and notify local governments and, 22 jointly with the Department of Education, the district school 23 boards of the requirements of this section, the dates for 24 compliance, and the sanctions for noncompliance. The state 25 land planning agency shall be available to informally review 26 proposed interlocal agreements. If the state land planning 27 agency has not received a proposed interlocal agreement for 28 informal review, the state land planning agency shall, at 29 least 60 days before the deadline for submission of the 30 executed agreement, renotify the local government and the 31 district school board of the upcoming deadline and the 31 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 potential for sanctions. 2 (2) At a minimum, the interlocal agreement must 3 address interlocal-agreement requirements in s. 4 163.3180(13)(g), except for exempt local governments as 5 provided in s. 163.3177(12), and must address the following 6 issues: 7 (a) A process by which each local government and the 8 district school board agree and base their plans on consistent 9 projections of the amount, type, and distribution of 10 population growth and student enrollment. The geographic 11 distribution of jurisdiction-wide growth forecasts is a major 12 objective of the process. 13 (b) A process to coordinate and share information 14 relating to existing and planned public school facilities, 15 including school renovations and closures, and local 16 government plans for development and redevelopment. 17 (c) Participation by affected local governments with 18 the district school board in the process of evaluating 19 potential school closures, significant renovations to existing 20 schools, and new school site selection before land 21 acquisition. Local governments shall advise the district 22 school board as to the consistency of the proposed closure, 23 renovation, or new site with the local comprehensive plan, 24 including appropriate circumstances and criteria under which a 25 district school board may request an amendment to the 26 comprehensive plan for school siting. 27 (d) A process for determining the need for and timing 28 of onsite and offsite improvements to support new, proposed 29 expansion, or redevelopment of existing schools. The process 30 must address identification of the party or parties 31 responsible for the improvements. 32 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 (e) A process for the school board to inform the local 2 government regarding the effect of comprehensive plan 3 amendments on school capacity. The capacity reporting must be 4 consistent with laws and rules relating to measurement of 5 school facility capacity and must also identify how the 6 district school board will meet the public school demand based 7 on the facilities work program adopted pursuant to s. 1013.35. 8 (f) Participation of the local governments in the 9 preparation of the annual update to the district school 10 board's 5-year district facilities work program and 11 educational plant survey prepared pursuant to s. 1013.35. 12 (g) A process for determining where and how joint use 13 of either school board or local government facilities can be 14 shared for mutual benefit and efficiency. 15 (h) A procedure for the resolution of disputes between 16 the district school board and local governments, which may 17 include the dispute resolution processes contained in chapters 18 164 and 186. 19 (i) An oversight process, including an opportunity for 20 public participation, for the implementation of the interlocal 21 agreement. 22 23 A signatory to the interlocal agreement may elect not to 24 include a provision meeting the requirements of paragraph (e); 25 however, such a decision may be made only after a public 26 hearing on such election, which may include the public hearing 27 in which a district school board or a local government adopts 28 the interlocal agreement. An interlocal agreement entered into 29 pursuant to this section must be consistent with the adopted 30 comprehensive plan and land development regulations of any 31 local government that is a signatory. 33 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 (3)(a) The Office of Educational Facilities and SMART 2 Schools Clearinghouse shall submit any comments or concerns 3 regarding the executed interlocal agreement to the state land 4 planning agency within 30 days after receipt of the executed 5 interlocal agreement. The state land planning agency shall 6 review the executed interlocal agreement to determine whether 7 it is consistent with the requirements of subsection (2), the 8 adopted local government comprehensive plan, and other 9 requirements of law. Within 60 days after receipt of an 10 executed interlocal agreement, the state land planning agency 11 shall publish a notice of intent in the Florida Administrative 12 Weekly and shall post a copy of the notice on the agency's 13 Internet site. The notice of intent must state whether the 14 interlocal agreement is consistent or inconsistent with the 15 requirements of subsection (2) and this subsection, as 16 appropriate. 17 (b) The state land planning agency's notice is subject 18 to challenge under chapter 120; however, an affected person, 19 as defined in s. 163.3184(1)(a), has standing to initiate the 20 administrative proceeding, and this proceeding is the sole 21 means available to challenge the consistency of an interlocal 22 agreement required by this section with the criteria contained 23 in subsection (2) and this subsection. In order to have 24 standing, each person must have submitted oral or written 25 comments, recommendations, or objections to the local 26 government or the school board before the adoption of the 27 interlocal agreement by the school board and local government. 28 The district school board and local governments are parties to 29 any such proceeding. In this proceeding, when the state land 30 planning agency finds the interlocal agreement to be 31 consistent with the criteria in subsection (2) and this 34 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 subsection, the interlocal agreement shall be determined to be 2 consistent with subsection (2) and this subsection if the 3 local government's and school board's determination of 4 consistency is fairly debatable. When the state planning 5 agency finds the interlocal agreement to be inconsistent with 6 the requirements of subsection (2) and this subsection, the 7 local government's and school board's determination of 8 consistency shall be sustained unless it is shown by a 9 preponderance of the evidence that the interlocal agreement is 10 inconsistent. 11 (c) If the state land planning agency enters a final 12 order that finds that the interlocal agreement is inconsistent 13 with the requirements of subsection (2) or this subsection, it 14 shall forward it to the Administration Commission, which may 15 impose sanctions against the local government pursuant to s. 16 163.3184(11) and may impose sanctions against the district 17 school board by directing the Department of Education to 18 withhold from the district school board an equivalent amount 19 of funds for school construction available pursuant to ss. 20 1013.65, 1013.68, 1013.70, and 1013.72. 21 (4) If an executed interlocal agreement is not timely 22 submitted to the state land planning agency for review, the 23 state land planning agency shall, within 15 working days after 24 the deadline for submittal, issue to the local government and 25 the district school board a Notice to Show Cause why sanctions 26 should not be imposed for failure to submit an executed 27 interlocal agreement by the deadline established by the 28 agency. The agency shall forward the notice and the responses 29 to the Administration Commission, which may enter a final 30 order citing the failure to comply and imposing sanctions 31 against the local government and district school board by 35 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 directing the appropriate agencies to withhold at least 5 2 percent of state funds pursuant to s. 163.3184(11) and by 3 directing the Department of Education to withhold from the 4 district school board at least 5 percent of funds for school 5 construction available pursuant to ss. 1013.65, 1013.68, 6 1013.70, and 1013.72. 7 (5) Any local government transmitting a public school 8 element to implement school concurrency pursuant to the 9 requirements of s. 163.3180 before the effective date of this 10 section is not required to amend the element or any interlocal 11 agreement to conform with the provisions of this section if 12 the element is adopted prior to or within 1 year after the 13 effective date of this section and remains in effect. 14 (6) Except as provided in subsection (7), 15 municipalities meeting the exemption criteria in s. 16 163.3177(12) having no established need for a new school 17 facility and meeting the following criteria are exempt from 18 the requirements of subsections (1), (2), and (3).: 19 (a) The municipality has no public schools located 20 within its boundaries. 21 (b) The district school board's 5-year facilities work 22 program and the long-term 10-year and 20-year work programs, 23 as provided in s. 1013.35, demonstrate that no new school 24 facility is needed in the municipality. In addition, the 25 district school board must verify in writing that no new 26 school facility will be needed in the municipality within the 27 5-year and 10-year timeframes. 28 (7) At the time of the evaluation and appraisal 29 report, each exempt municipality shall assess the extent to 30 which it continues to meet the criteria for exemption under s. 31 163.3177(12) subsection (6). If the municipality continues to 36 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 meet these criteria and the district school board verifies in 2 writing that no new school facilities will be needed within 3 the 5-year and 10-year timeframes, the municipality shall 4 continue to be exempt from the interlocal-agreement 5 requirement. Each municipality exempt under s. 163.3177(12) 6 subsection (6) must comply with the provisions of this section 7 within 1 year after the district school board proposes, in its 8 5-year district facilities work program, a new school within 9 the municipality's jurisdiction. 10 Section 5. Section 163.3180, Florida Statutes, is 11 amended to read: 12 163.3180 Concurrency.-- 13 (1)(a) Sanitary sewer, solid waste, drainage, potable 14 water, parks and recreation, schools, and transportation 15 facilities, including mass transit, where applicable, are the 16 only public facilities and services subject to the concurrency 17 requirement on a statewide basis. Additional public facilities 18 and services may not be made subject to concurrency on a 19 statewide basis without appropriate study and approval by the 20 Legislature; however, any local government may extend the 21 concurrency requirement so that it applies to additional 22 public facilities within its jurisdiction. 23 (b) Local governments shall use professionally 24 accepted techniques for measuring level of service for 25 automobiles, bicycles, pedestrians, transit, and trucks. 26 These techniques may be used to evaluate increased 27 accessibility by multiple modes and reductions in vehicle 28 miles of travel in an area or zone. The Department of 29 Transportation shall develop methodologies to assist local 30 governments in implementing this multimodal level-of-service 31 analysis. The Department of Community Affairs and the 37 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 Department of Transportation shall provide technical 2 assistance to local governments in applying these 3 methodologies. 4 (2)(a) Consistent with public health and safety, 5 sanitary sewer, solid waste, drainage, adequate water 6 supplies, and potable water facilities shall be in place and 7 available to serve new development no later than the issuance 8 by the local government's approval to commence construction 9 government of a certificate of occupancy or its functional 10 equivalent. 11 (b) Consistent with the public welfare, and except as 12 otherwise provided in this section, parks and recreation 13 facilities to serve new development shall be in place or under 14 actual construction no later than 1 year after issuance by the 15 local government of a certificate of occupancy or its 16 functional equivalent. However, the acreage for such 17 facilities shall be dedicated or be acquired by the local 18 government prior to issuance by the local government of a 19 certificate of occupancy or its functional equivalent, or 20 funds in the amount of the developer's fair share shall be 21 committed no later than prior to issuance by the local 22 government's approval to commence construction government of a 23 certificate of occupancy or its functional equivalent. 24 (c) Consistent with the public welfare, and except as 25 otherwise provided in this section, transportation facilities 26 designated as part of the Florida Intrastate Highway System 27 needed to serve new development shall be in place when the 28 local government approves the commencement of construction of 29 each stage or phase of the development, or the facility must 30 be or under actual construction within 3 not more than 5 years 31 after the date of the local government's approval to commence 38 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 construction of each stage or phase of the development. 2 issuance by the local government of a certificate of occupancy 3 or its functional equivalent. Other transportation facilities 4 needed to serve new development shall be in place or under 5 actual construction no more than 3 years after issuance by the 6 local government of a certificate of occupancy or its 7 functional equivalent. 8 (3) Governmental entities that are not responsible for 9 providing, financing, operating, or regulating public 10 facilities needed to serve development may not establish 11 binding level-of-service standards on governmental entities 12 that do bear those responsibilities. This subsection does not 13 limit the authority of any agency to recommend or make 14 objections, recommendations, comments, or determinations 15 during reviews conducted under s. 163.3184. 16 (4)(a) The concurrency requirement as implemented in 17 local comprehensive plans applies to state and other public 18 facilities and development to the same extent that it applies 19 to all other facilities and development, as provided by law. 20 (b) The concurrency requirement as implemented in 21 local comprehensive plans does not apply to public transit 22 facilities. For the purposes of this paragraph, public 23 transit facilities include transit stations and terminals, 24 transit station parking, park-and-ride lots, intermodal public 25 transit connection or transfer facilities, and fixed bus, 26 guideway, and rail stations. As used in this paragraph, the 27 terms "terminals" and "transit facilities" do not include 28 airports or seaports or commercial or residential development 29 constructed in conjunction with a public transit facility. 30 (c) The concurrency requirement, except as it relates 31 to transportation facilities, as implemented in local 39 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 government comprehensive plans, may be waived by a local 2 government for urban infill and redevelopment areas designated 3 pursuant to s. 163.2517 if such a waiver does not endanger 4 public health or safety as defined by the local government in 5 its local government comprehensive plan. The waiver shall be 6 adopted as a plan amendment pursuant to the process set forth 7 in s. 163.3187(3)(a). A local government may grant a 8 concurrency exception pursuant to subsection (5) for 9 transportation facilities located within these urban infill 10 and redevelopment areas. Within the designated urban infill 11 and redevelopment areas, the adopted level-of-service 12 standards established by the Department of Transportation for 13 Strategic Intermodal System facilities, as defined in s. 14 339.64, must be maintained unless a variance pursuant to s. 15 120.542 has been issued. 16 (5)(a) The Legislature finds that under limited 17 circumstances dealing with transportation facilities, 18 countervailing planning and public policy goals may come into 19 conflict with the requirement that adequate public facilities 20 and services be available concurrent with the impacts of such 21 development. The Legislature further finds that often the 22 unintended result of the concurrency requirement for 23 transportation facilities is the discouragement of urban 24 infill development and redevelopment. Such unintended results 25 directly conflict with the goals and policies of the state 26 comprehensive plan and the intent of this part. Therefore, 27 exceptions from the concurrency requirement for transportation 28 facilities may be granted as provided by this subsection. 29 (b) A local government may grant an exception from the 30 concurrency requirement for transportation facilities if the 31 proposed development is otherwise consistent with the adopted 40 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 local government comprehensive plan and is a project that 2 promotes public transportation or is located within an area 3 designated in the comprehensive plan for: 4 1. Urban infill development, 5 2. Urban redevelopment, 6 3. Downtown revitalization, or 7 4. Urban infill and redevelopment under s. 163.2517. 8 (c) The Legislature also finds that developments 9 located within urban infill, urban redevelopment, existing 10 urban service, or downtown revitalization areas or areas 11 designated as urban infill and redevelopment areas under s. 12 163.2517 which pose only special part-time demands on the 13 transportation system should be excepted from the concurrency 14 requirement for transportation facilities. A special 15 part-time demand is one that does not have more than 200 16 scheduled events during any calendar year and does not affect 17 the 100 highest traffic volume hours. 18 (d) A local government shall establish guidelines for 19 granting the exceptions authorized in paragraphs (b) and (c) 20 in the comprehensive plan. These guidelines must be consistent 21 with and support a comprehensive strategy outlined within 22 applicable chapters of the plan which are intended to promote 23 the purpose of the exception as specified in paragraphs (4)(c) 24 and paragraphs (a)-(c). These guidelines, at a minimum, must 25 address strategies to support and fund alternative modes of 26 transportation to provide for mobility and other measures, 27 such as proportionate-share mitigation or corridor management 28 plans pursuant to s. 337.273, to ensure adequate 29 level-of-service standards for facilities within the 30 designated concurrency exception area. In addition, the 31 guidelines must address urban design; appropriate land use 41 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 mixes, including intensity and density; and network 2 connectivity plans needed to promote urban infill, 3 redevelopment, or downtown revitalization. Designation of the 4 concurrency exception area shall be accompanied by data and 5 analysis justifying the size of the area and demonstrating how 6 subsequent policies will be implemented over a 5-year 7 timeframe. Within the designated concurrency exception area, 8 the adopted level-of-service standards established by the 9 Department of Transportation for Strategic Intermodal System 10 facilities, as defined in s. 339.64, must be maintained unless 11 a variance pursuant to s. 120.542 has been issued must include 12 consideration of the impacts on the Florida Intrastate Highway 13 System, as defined in s. 338.001. The exceptions may be 14 available only within the specific geographic area of the 15 jurisdiction designated in the plan. Pursuant to s. 163.3184, 16 any affected person may challenge a plan amendment 17 establishing these guidelines and the areas within which an 18 exception could be granted. 19 (e) Each concurrency-exception area shall meet, at a 20 minimum, the guidelines included in paragraph (d) at the time 21 of its adoption, or the update of the evaluation and appraisal 22 report, whichever occurs first. 23 (6) The Legislature finds that a de minimis impact is 24 consistent with this part. A de minimis impact is an impact 25 that would not affect more than 1 percent of the maximum 26 volume at the adopted level of service of the affected 27 transportation facility as determined by the local government. 28 No impact will be de minimis if the sum of existing roadway 29 volumes and the projected volumes from approved projects on a 30 transportation facility would exceed 110 percent of the 31 maximum volume at the adopted level of service of the affected 42 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 transportation facility; provided however, that an impact of a 2 single family home on an existing lot will constitute a de 3 minimis impact on all roadways regardless of the level of the 4 deficiency of the roadway. Local governments are encouraged to 5 adopt methodologies to encourage de minimis impacts on 6 transportation facilities within an existing urban service 7 area. Further, no impact will be de minimis if it would exceed 8 the adopted level-of-service standard of any affected 9 designated hurricane evacuation routes. Each local government 10 shall maintain sufficient records to ensure that the 11 110-percent criteria is not exceeded. Each local government 12 shall submit annually, with its updated capital improvements 13 element, a summary of the de minimus records. If the 14 department determines that the 110-percent criteria has been 15 exceeded, the department shall notify the local government of 16 the exceedance and that no further de-minimus exceptions for 17 the applicable roadway may be granted until such time as the 18 volume is reduced below the 110 percent. The local government 19 shall provide proof of this reduction to the department before 20 issuing further de-minimus exceptions. 21 (7) In order to promote infill development and 22 redevelopment, one or more transportation concurrency 23 management areas may be designated in a local government 24 comprehensive plan. A transportation concurrency management 25 area must be a compact geographic area with an existing 26 network of roads where multiple, viable alternative travel 27 paths or modes are available for common trips. A local 28 government may establish an areawide level-of-service standard 29 for such a transportation concurrency management area based 30 upon an analysis that provides for a justification for the 31 areawide level of service, how urban infill development or 43 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 redevelopment will be promoted, and how mobility will be 2 accomplished within the transportation concurrency management 3 area. Within the designated transportation concurrency 4 exception area, the adopted level-of-service standards 5 established by the Department of Transportation for Strategic 6 Intermodal System facilities, as defined in s. 339.64, must be 7 maintained unless a variance pursuant to s. 120.542 has been 8 issued. The state land planning agency shall amend chapter 9 9J-5, Florida Administrative Code, to be consistent with this 10 subsection. 11 (8) When assessing the transportation impacts of 12 proposed urban redevelopment within an established existing 13 urban service area, 110 percent of the actual transportation 14 impact caused by the previously existing development must be 15 reserved for the redevelopment, even if the previously 16 existing development has a lesser or nonexisting impact 17 pursuant to the calculations of the local government. 18 Redevelopment requiring less than 110 percent of the 19 previously existing capacity shall not be prohibited due to 20 the reduction of transportation levels of service below the 21 adopted standards. This does not preclude the appropriate 22 assessment of fees or accounting for the impacts within the 23 concurrency management system and capital improvements program 24 of the affected local government. This paragraph does not 25 affect local government requirements for appropriate 26 development permits. 27 (9)(a) Each local government may adopt as a part of 28 its plan, a long-term transportation and school concurrency 29 management systems system with a planning period of up to 10 30 years for specially designated districts or areas where 31 significant backlogs exist. The plan may include interim 44 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 level-of-service standards on certain facilities and shall may 2 rely on the local government's schedule of capital 3 improvements for up to 10 years as a basis for issuing 4 development orders that authorize commencement of construction 5 permits in these designated districts or areas. The 6 concurrency management system. It must be designed to correct 7 existing deficiencies and set priorities for addressing 8 backlogged facilities. The concurrency management system It 9 must be financially feasible and consistent with other 10 portions of the adopted local plan, including the future land 11 use map. 12 (b) If a local government has a transportation or 13 school facility backlog for existing development which cannot 14 be adequately addressed in a 10-year plan, the state land 15 planning agency may allow it to develop a plan and long-term 16 schedule of capital improvements covering of up to 15 years 17 for good and sufficient cause, based on a general comparison 18 between that local government and all other similarly situated 19 local jurisdictions, using the following factors: 20 1. The extent of the backlog. 21 2. For roads, whether the backlog is on local or state 22 roads. 23 3. The cost of eliminating the backlog. 24 4. The local government's tax and other 25 revenue-raising efforts. 26 (c) The local government may issue approvals to 27 commence construction notwithstanding s. 163.3180, consistent 28 with and in areas that are subject to a long-term concurrency 29 management system. 30 (d) If the local government adopts a long-term 31 concurrency management system, it must evaluate the system 45 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 periodically. At a minimum, the local government must assess 2 its progress toward improving levels of service within the 3 long-term concurrency management district or area in the 4 evaluation and appraisal report and determine any changes that 5 are necessary to accelerate progress in meeting acceptable 6 levels of service. 7 (10) With regard to roadway facilities on the 8 Strategic Intermodal Florida Intrastate Highway System as 9 defined in s. 338.001, with concurrence from the Department of 10 Transportation, the level-of-service standard for general 11 lanes in urbanized areas, as defined in s. 334.03(36), may be 12 established by the local government in the comprehensive plan. 13 For all other facilities on the Florida Intrastate Highway 14 System, local governments shall adopt the level-of-service 15 standard established by the Department of Transportation by 16 rule. For all other roads on the State Highway System, local 17 governments shall establish an adequate level-of-service 18 standard that need not be consistent with any level-of-service 19 standard established by the Department of Transportation. In 20 establishing adequate level-of-service standards for any 21 arterial roads or collector roads, as appropriate, which 22 traverse multiple jurisdictions, local governments shall 23 consider compatibility with the roadway facility's adopted 24 level-of-service standards in adjacent jurisdictions. Each 25 local government within a county shall use a common and 26 professionally accepted methodology for measuring impacts on 27 transportation facilities for the purposes of implementing its 28 concurrency management system. Counties are encouraged to 29 coordinate with adjacent counties for the purpose of using 30 common methodologies for implementing their concurrency 31 management systems. 46 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 (11) In order to limit the liability of local 2 governments, a local government may allow a landowner to 3 proceed with development of a specific parcel of land 4 notwithstanding a failure of the development to satisfy 5 transportation concurrency, when all the following factors are 6 shown to exist: 7 (a) The local government with jurisdiction over the 8 property has adopted a local comprehensive plan that is in 9 compliance. 10 (b) The proposed development would be consistent with 11 the future land use designation for the specific property and 12 with pertinent portions of the adopted local plan, as 13 determined by the local government. 14 (c) The local plan includes a financially feasible 15 capital improvements element that provides for transportation 16 facilities adequate to serve the proposed development, and the 17 local government has not implemented that element. 18 (d) The local government has provided a means by which 19 the landowner will be assessed a fair share of the cost of 20 providing the transportation facilities necessary to serve the 21 proposed development. 22 (e) The landowner has made a binding commitment to the 23 local government to pay the fair share of the cost of 24 providing the transportation facilities to serve the proposed 25 development. 26 (12) When authorized by a local comprehensive plan, a 27 multiuse development of regional impact may satisfy the 28 transportation concurrency requirements of the local 29 comprehensive plan, the local government's concurrency 30 management system, and s. 380.06 by payment of a 31 proportionate-share contribution for local and regionally 47 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 significant traffic impacts, if: 2 (a) The development of regional impact meets or 3 exceeds the guidelines and standards of s. 380.0651(3)(i) and 4 rule 28-24.032(2), Florida Administrative Code, and includes a 5 residential component that contains at least 100 residential 6 dwelling units or 15 percent of the applicable residential 7 guideline and standard, whichever is greater; 8 (b) The development of regional impact contains an 9 integrated mix of land uses and is designed to encourage 10 pedestrian or other nonautomotive modes of transportation; 11 (c) The proportionate-share contribution for local and 12 regionally significant traffic impacts is sufficient to pay 13 for one or more required improvements that will benefit a 14 regionally significant transportation facility; 15 (d) The owner and developer of the development of 16 regional impact pays or assures payment of the 17 proportionate-share contribution; and 18 (e) If the regionally significant transportation 19 facility to be constructed or improved is under the 20 maintenance authority of a governmental entity, as defined by 21 s. 334.03(12), other than the local government with 22 jurisdiction over the development of regional impact, the 23 developer is required to enter into a binding and legally 24 enforceable commitment to transfer funds to the governmental 25 entity having maintenance authority or to otherwise assure 26 construction or improvement of the facility. 27 28 The proportionate-share contribution may be applied to any 29 transportation facility to satisfy the provisions of this 30 subsection and the local comprehensive plan, but, for the 31 purposes of this subsection, the amount of the 48 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 proportionate-share contribution shall be calculated based 2 upon the cumulative number of trips from the proposed 3 development expected to reach roadways during the peak hour 4 from the complete buildout of a stage or phase being approved, 5 divided by the change in the peak hour maximum service volume 6 of roadways resulting from construction of an improvement 7 necessary to maintain the adopted level of service, multiplied 8 by the construction cost, at the time of developer payment, of 9 the improvement necessary to maintain the adopted level of 10 service. For purposes of this subsection, "construction cost" 11 includes all associated costs of the improvement. 12 (13) School concurrency, if imposed by local option, 13 shall be established on a districtwide basis and shall include 14 all public schools in the district and all portions of the 15 district, whether located in a municipality or an 16 unincorporated area unless exempt from the public school 17 facilities element pursuant to s. 163.3177(12). The 18 development of school concurrency shall be accomplished 19 through a coordinated process including the local school 20 district, local government, and the local planning agency. The 21 application of school concurrency to development shall be 22 based upon the adopted comprehensive plan, as amended. All 23 local governments within a county, except as provided in 24 paragraph (f), shall adopt and transmit to the state land 25 planning agency the necessary plan amendments, along with the 26 interlocal agreement, for a compliance review pursuant to s. 27 163.3184(7) and (8). School concurrency shall not become 28 effective in a county until all local governments, except as 29 provided in paragraph (f), have adopted the necessary plan 30 amendments, which together with the interlocal agreement, are 31 determined to be in compliance with the requirements of this 49 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 part. The minimum requirements for school concurrency are the 2 following: 3 (a) Public school facilities element.--A local 4 government shall adopt and transmit to the state land planning 5 agency a plan or plan amendment which includes a public school 6 facilities element which is consistent with the requirements 7 of s. 163.3177(12) and which is determined to be in compliance 8 as defined in s. 163.3184(1)(b). All local government public 9 school facilities plan elements within a county must be 10 consistent with each other as well as the requirements of this 11 part. 12 (b) Level-of-service standards.--The Legislature 13 recognizes that an essential requirement for a concurrency 14 management system is the level of service at which a public 15 facility is expected to operate. 16 1. Local governments and school boards imposing school 17 concurrency shall exercise authority in conjunction with each 18 other to establish jointly adequate level-of-service 19 standards, as defined in chapter 9J-5, Florida Administrative 20 Code, necessary to implement the adopted local government 21 comprehensive plan, based on data and analysis. 22 2. Public school level-of-service standards shall be 23 included and adopted into the capital improvements element of 24 the local comprehensive plan and shall apply districtwide to 25 all schools of the same type. Types of schools may include 26 elementary, middle, and high schools as well as special 27 purpose facilities such as magnet schools. 28 3. Local governments and school boards shall have the 29 option to utilize tiered level-of-service standards to allow 30 time to achieve an adequate and desirable level of service as 31 circumstances warrant. 50 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 (c) Service areas.--The Legislature recognizes that an 2 essential requirement for a concurrency system is a 3 designation of the area within which the level of service will 4 be measured when an application for a residential development 5 permit is reviewed for school concurrency purposes. This 6 delineation is also important for purposes of determining 7 whether the local government has a financially feasible public 8 school capital facilities program that will provide schools 9 which will achieve and maintain the adopted level-of-service 10 standards. 11 1. In order to balance competing interests, preserve 12 the constitutional concept of uniformity, and avoid disruption 13 of existing educational and growth management processes, local 14 governments are encouraged to initially apply school 15 concurrency to development only on a districtwide basis so 16 that a concurrency determination for a specific development 17 will be based upon the availability of school capacity 18 districtwide. To ensure that development is coordinated with 19 schools having available capacity, within 5 years after 20 adoption of school concurrency, local governments shall apply 21 school concurrency on a less than districtwide basis, such as 22 using school attendance zones or concurrency service areas, as 23 provided in subparagraph 2. 24 2. For local governments applying school concurrency 25 on a less than districtwide basis, such as utilizing school 26 attendance zones or larger school concurrency service areas, 27 local governments and school boards shall have the burden to 28 demonstrate that the utilization of school capacity is 29 maximized to the greatest extent possible in the comprehensive 30 plan and amendment, taking into account transportation costs 31 and court-approved desegregation plans, as well as other 51 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 factors. In addition, in order to achieve concurrency within 2 the service area boundaries selected by local governments and 3 school boards, the service area boundaries, together with the 4 standards for establishing those boundaries, shall be 5 identified and, included as supporting data and analysis for, 6 and adopted as part of the comprehensive plan. Any subsequent 7 change to the service area boundaries for purposes of a school 8 concurrency system shall be by plan amendment and shall be 9 exempt from the limitation on the frequency of plan amendments 10 in s. 163.3187(1). 11 3. Where school capacity is available on a 12 districtwide basis but school concurrency is applied on a less 13 than districtwide basis in the form of concurrency service 14 areas, if the adopted level-of-service standard cannot be met 15 in a particular service area as applied to an application for 16 a development permit through mitigation or other measures and 17 if the needed capacity for the particular service area is 18 available in one or more contiguous service areas, as adopted 19 by the local government, then the development order may not 20 shall be denied on the basis of school concurrency, and if 21 issued, development impacts shall be shifted to contiguous 22 service areas with schools having available capacity and 23 mitigation measures shall not be exacted. 24 (d) Financial feasibility.--The Legislature recognizes 25 that financial feasibility is an important issue because the 26 premise of concurrency is that the public facilities will be 27 provided in order to achieve and maintain the adopted 28 level-of-service standard. This part and chapter 9J-5, Florida 29 Administrative Code, contain specific standards to determine 30 the financial feasibility of capital programs. These standards 31 were adopted to make concurrency more predictable and local 52 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 governments more accountable. 2 1. A comprehensive plan amendment seeking to impose 3 school concurrency shall contain appropriate amendments to the 4 capital improvements element of the comprehensive plan, 5 consistent with the requirements of s. 163.3177(3) and rule 6 9J-5.016, Florida Administrative Code. The capital 7 improvements element shall set forth a financially feasible 8 public school capital facilities program, established in 9 conjunction with the school board, that demonstrates that the 10 adopted level-of-service standards will be achieved and 11 maintained. 12 2. Such amendments shall demonstrate that the public 13 school capital facilities program meets all of the financial 14 feasibility standards of this part and chapter 9J-5, Florida 15 Administrative Code, that apply to capital programs which 16 provide the basis for mandatory concurrency on other public 17 facilities and services. 18 3. When the financial feasibility of a public school 19 capital facilities program is evaluated by the state land 20 planning agency for purposes of a compliance determination, 21 the evaluation shall be based upon the service areas selected 22 by the local governments and school board. 23 (e) Availability standard.--Consistent with the public 24 welfare, a local government may not deny a development order 25 or its functional equivalent permit authorizing residential 26 development for failure to achieve and maintain the 27 level-of-service standard for public school capacity in a 28 local option school concurrency system where adequate school 29 facilities will be in place or under actual construction 30 within 3 years after permit issuance of subdivision or site 31 plan approval, or its functional equivalent. However, the 53 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 development order may be approved if the developer executes a 2 legally binding commitment to provide mitigation proportionate 3 to the demand for public school facilities to be created by 4 actual development of the property, including, but not limited 5 to, the options described in subparagraph 1. Options for 6 proportionate-share mitigation of impacts on public school 7 facilities shall be established in the public school 8 facilities element and the interlocal agreement pursuant to s. 9 163.31777. 10 1. Appropriate mitigation options include the 11 contribution of land; the construction, expansion, or payment 12 for land acquistion or construction of a public school 13 facility; or the creation of mitigation banking based on the 14 construction of a public school facility in exchange for the 15 right to sell capacity credits. Such options must include 16 execution by the applicant and the local government of a 17 binding development agreement pursuant to ss. 18 163.3220-163.3243 which constitutes a legally binding 19 commitment to pay proportionate-share mitigation for the 20 additional residential units approved by the local government 21 in a development order and actually developed on the property, 22 taking into account residential density allowed on the 23 property prior to the plan amendment that increased overall 24 residential density. The district school board shall be a 25 party to such an agreement. As a condition of its entry into 26 such a development agreement, the local government may require 27 the landowner to agree to continuing renewal of the agreement 28 upon its expiration. 29 2. If the education facilities plan and the public 30 educational facilities element authorize a contribution of 31 land; the construction, expansion, or payment for land 54 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 acquistion; or the construction or expansion of a public 2 school facility, or a portion thereof, as proportionate-share 3 mitigation, the local government shall credit such a 4 contribution, construction, expansion, or payment toward any 5 other impact fee or exaction imposed by local ordinance for 6 the same need, on a dollar-for-dollar basis at fair market 7 value. 8 3. Any proportionate-share mitigation must be directed 9 by the school board toward a school capacity improvement that 10 is identified in the financially feasible 5-year district work 11 plan and that will be provided in accordance with a binding 12 developer's agreement. 13 (f) Intergovernmental coordination.-- 14 1. When establishing concurrency requirements for 15 public schools, a local government shall satisfy the 16 requirements for intergovernmental coordination set forth in 17 s. 163.3177(6)(h)1. and 2., except that a municipality is not 18 required to be a signatory to the interlocal agreement 19 required by ss. s. 163.3177(6)(h)2. and 163.31777(6), as a 20 prerequisite for imposition of school concurrency, and as a 21 nonsignatory, shall not participate in the adopted local 22 school concurrency system, if the municipality meets all of 23 the following criteria for having no significant impact on 24 school attendance: 25 a. The municipality has issued development orders for 26 fewer than 50 residential dwelling units during the preceding 27 5 years, or the municipality has generated fewer than 25 28 additional public school students during the preceding 5 29 years. 30 b. The municipality has not annexed new land during 31 the preceding 5 years in land use categories which permit 55 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 residential uses that will affect school attendance rates. 2 c. The municipality has no public schools located 3 within its boundaries. 4 d. At least 80 percent of the developable land within 5 the boundaries of the municipality has been built upon. 6 2. A municipality which qualifies as having no 7 significant impact on school attendance pursuant to the 8 criteria of subparagraph 1. must review and determine at the 9 time of its evaluation and appraisal report pursuant to s. 10 163.3191 whether it continues to meet the criteria pursuant to 11 s. 163.31777(6). If the municipality determines that it no 12 longer meets the criteria, it must adopt appropriate school 13 concurrency goals, objectives, and policies in its plan 14 amendments based on the evaluation and appraisal report, and 15 enter into the existing interlocal agreement required by ss. 16 s. 163.3177(6)(h)2. and 163.31777, in order to fully 17 participate in the school concurrency system. If such a 18 municipality fails to do so, it will be subject to the 19 enforcement provisions of s. 163.3191. 20 (g) Interlocal agreement for school concurrency.--When 21 establishing concurrency requirements for public schools, a 22 local government must enter into an interlocal agreement that 23 which satisfies the requirements in ss. s. 163.3177(6)(h)1. 24 and 2. and 163.31777 and the requirements of this subsection. 25 The interlocal agreement shall acknowledge both the school 26 board's constitutional and statutory obligations to provide a 27 uniform system of free public schools on a countywide basis, 28 and the land use authority of local governments, including 29 their authority to approve or deny comprehensive plan 30 amendments and development orders. The interlocal agreement 31 shall be submitted to the state land planning agency by the 56 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 local government as a part of the compliance review, along 2 with the other necessary amendments to the comprehensive plan 3 required by this part. In addition to the requirements of ss. 4 s. 163.3177(6)(h) and 163.31777, the interlocal agreement 5 shall meet the following requirements: 6 1. Establish the mechanisms for coordinating the 7 development, adoption, and amendment of each local 8 government's public school facilities element with each other 9 and the plans of the school board to ensure a uniform 10 districtwide school concurrency system. 11 2. Establish a process by which each local government 12 and the school board shall agree and base their plans on 13 consistent projections of the amount, type, and distribution 14 of population growth and coordinate and share information 15 relating to existing and planned public school facilities 16 projections and proposals for development and redevelopment, 17 and infrastructure required to support public school 18 facilities. 19 2.3. Establish a process for the development of siting 20 criteria which encourages the location of public schools 21 proximate to urban residential areas to the extent possible 22 and seeks to collocate schools with other public facilities 23 such as parks, libraries, and community centers to the extent 24 possible. 25 3.4. Specify uniform, districtwide level-of-service 26 standards for public schools of the same type and the process 27 for modifying the adopted levels-of-service standards. 28 4.5. Establish a process for the preparation, 29 amendment, and joint approval by each local government and the 30 school board of a public school capital facilities program 31 which is financially feasible, and a process and schedule for 57 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 incorporation of the public school capital facilities program 2 into the local government comprehensive plans on an annual 3 basis. 4 5.6. Define the geographic application of school 5 concurrency. If school concurrency is to be applied on a less 6 than districtwide basis in the form of concurrency service 7 areas, the agreement shall establish criteria and standards 8 for the establishment and modification of school concurrency 9 service areas. The agreement shall also establish a process 10 and schedule for the mandatory incorporation of the school 11 concurrency service areas and the criteria and standards for 12 establishment of the service areas into the local government 13 comprehensive plans. The agreement shall ensure maximum 14 utilization of school capacity, taking into account 15 transportation costs and court-approved desegregation plans, 16 as well as other factors. The agreement shall also ensure the 17 achievement and maintenance of the adopted level-of-service 18 standards for the geographic area of application throughout 19 the 5 years covered by the public school capital facilities 20 plan and thereafter by adding a new fifth year during the 21 annual update. 22 6.7. Establish a uniform districtwide procedure for 23 implementing school concurrency which provides for: 24 a. The evaluation of development applications for 25 compliance with school concurrency requirements, including 26 information provided by the school board on affected schools, 27 impact on levels of service, and programmed improvements for 28 affected schools; 29 b. An opportunity for the school board to review and 30 comment on the effect of comprehensive plan amendments and 31 rezonings on the public school facilities plan; and 58 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 c. The monitoring and evaluation of the school 2 concurrency system. 3 7.8. Include provisions relating to termination, 4 suspension, and amendment of the agreement. The agreement 5 shall provide that if the agreement is terminated or 6 suspended, the application of school concurrency shall be 7 terminated or suspended. 8 8. A process and uniform methodology for determining 9 proportionate-share mitigation pursuant to subparagraph (e)1. 10 (14) The state land planning agency shall, by October 11 1, 1998, adopt by rule minimum criteria for the review and 12 determination of compliance of a public school facilities 13 element adopted by a local government for purposes of 14 imposition of school concurrency. 15 (15)(a) Multimodal transportation districts may be 16 established under a local government comprehensive plan in 17 areas delineated on the future land use map for which the 18 local comprehensive plan assigns secondary priority to vehicle 19 mobility and primary priority to assuring a safe, comfortable, 20 and attractive pedestrian environment, with convenient 21 interconnection to transit. Such districts must incorporate 22 community design features that will reduce the number of 23 automobile trips or vehicle miles of travel and will support 24 an integrated, multimodal transportation system. 25 (b) Community design elements of such a district 26 include: a complementary mix and range of land uses, including 27 educational, recreational, and cultural uses; interconnected 28 networks of streets designed to encourage walking and 29 bicycling, with traffic-calming where desirable; appropriate 30 densities and intensities of use within walking distance of 31 transit stops; daily activities within walking distance of 59 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 residences, allowing independence to persons who do not drive; 2 public uses, streets, and squares that are safe, comfortable, 3 and attractive for the pedestrian, with adjoining buildings 4 open to the street and with parking not interfering with 5 pedestrian, transit, automobile, and truck travel modes. 6 (c) Local governments may establish multimodal 7 level-of-service standards that rely primarily on nonvehicular 8 modes of transportation within the district, when justified by 9 an analysis demonstrating that the existing and planned 10 community design will provide an adequate level of mobility 11 within the district based upon professionally accepted 12 multimodal level-of-service methodologies. Within the 13 multimodal transportation district, the adopted level of 14 service standards established by the Department of 15 Transportation for Strategic Intermodal System facilities, as 16 defined in s. 339.64, must be maintained unless a variance 17 pursuant to s. 120.542 has been issued. The analysis must take 18 into consideration the impact on the Florida Intrastate 19 Highway System. The analysis must also demonstrate that the 20 capital improvements required to promote community design are 21 financially feasible over the development or redevelopment 22 timeframe for the district and that community design features 23 within the district provide convenient interconnection for a 24 multimodal transportation system. Local governments may issue 25 development permits in reliance upon all planned community 26 design capital improvements that are financially feasible over 27 the development or redevelopment timeframe for the district, 28 without regard to the period of time between development or 29 redevelopment and the scheduled construction of the capital 30 improvements. A determination of financial feasibility shall 31 be based upon currently available funding or funding sources 60 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 that could reasonably be expected to become available over the 2 planning period. 3 (d) Local governments may reduce impact fees or local 4 access fees for development within multimodal transportation 5 districts based on the reduction of vehicle trips per 6 household or vehicle miles of travel expected from the 7 development pattern planned for the district. 8 (16)(a) The Legislature finds that mitigation for the 9 impact of development on transportation facilities may be more 10 effectively achieved by mitigation planning on a 11 corridor-level basis rather than on a project-by-project 12 basis. It is the intent of the Legislature to provide an 13 optional method by which the impacts of development on 14 transportation facilities can be mitigated by the cooperative 15 efforts of the public and private sectors. 16 (b) The Department of Transportation, in consultation 17 with the state land planning agency and local governments, 18 shall develop a process and uniform methodology for 19 determining proportionate-share mitigation for development 20 impacts on transportation corridors that traverse one or more 21 political subdivisions. 22 (c) When authorized in a local government 23 comprehensive plan, local governments may create mitigation 24 banks for designated transportation corridors to satisfy the 25 concurrency provisions of this section, using the process and 26 methodology developed in accordance with paragraph (b). 27 Mitigation bank contributions may only be used for projects 28 within the designated transportation corridors. Transportation 29 corridors shall be designated in the transportation and 30 traffic circulation element of the applicable local government 31 comprehensive plan. 61 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 (d) Any mitigation contributions must be directed by 2 the local government toward a transportation capacity 3 improvement within the designated transportation corridor 4 which is identified in the applicable local government's 5 transportation or traffic circulation element. Mitigation 6 contributions shall be used to satisfy the transportation 7 concurrency requirements of this section and may be applied as 8 a credit against impact fees. Mitigation for development 9 impacts to facilities on the State Highway System made 10 pursuant to this subsection shall require the concurrence of 11 the Department of Transportation. 12 (e) Options for mitigation made pursuant to this 13 subsection shall be established in the transportation element 14 or traffic circulation element. Appropriate transportation 15 mitigation contributions may include public or private funds; 16 the contribution of right-of-way; the construction of a 17 transportation facility, or payment for the right-of-way or 18 construction of a transportation facility or service; or the 19 provision of transit service. Such options shall include 20 execution of an enforceable development agreement for projects 21 to be funded by a developer. 22 Section 6. Subsection (17) is added to section 23 163.3184, Florida Statutes, to read: 24 163.3184 Process for adoption of comprehensive plan or 25 plan amendment.-- 26 (17) Notwithstanding subsection (6), a local 27 government that has adopted a community vision and urban 28 service boundary under s. 163.31773 may adopt a plan amendment 29 related solely to property within an urban service boundary 30 before transmittal of the plan amendment to the state land 31 planning agency. A plan amendment submitted under this 62 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 subsection is limited to a map amendment and may not involve a 2 text change to the goals, policies, or objectives of the local 3 government's comprehensive plan. The local government must 4 transmit the plan amendment to the state land planning agency 5 immediately after the governing body adopts the amendment. 6 (a) An affected person as defined in paragraph (1)(a) 7 retains the ability to challenge the plan amendment under the 8 terms of this section. 9 (b) A petitioner may file a petition under subsections 10 (8), (9), and (10) within 60 days after the adoption of the 11 plan amendment. 12 (c) The state land planning agency may issue written 13 comments relating to the consistency of the amendment with the 14 applicable comprehensive plan and this part within 45 days 15 after receipt of the plan amendment. If the agency comments on 16 the plan amendment, those comments shall be posted on the 17 agency's website, with a hard copy provided upon request. 18 (d) Amendments submitted under this subsection are 19 exempt from the limitation on the frequency of plan amendments 20 in s. 163.3187. 21 Section 7. Subsections (2) and (10) of section 22 163.3191, Florida Statutes, are amended to read: 23 163.3191 Evaluation and appraisal of comprehensive 24 plan.-- 25 (2) The report shall present an evaluation and 26 assessment of the comprehensive plan and shall contain 27 appropriate statements to update the comprehensive plan, 28 including, but not limited to, words, maps, illustrations, or 29 other media, related to: 30 (a) Population growth and changes in land area, 31 including annexation, since the adoption of the original plan 63 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 or the most recent update amendments. 2 (b) The extent of vacant and developable land. 3 (c) The financial feasibility of implementing the 4 comprehensive plan and of providing needed infrastructure to 5 achieve and maintain adopted level-of-service standards and 6 sustain concurrency management systems through the capital 7 improvements element, as well as the ability to address 8 infrastructure backlogs and meet the demands of growth on 9 public services and facilities. 10 (d) The location of existing development in relation 11 to the location of development as anticipated in the original 12 plan, or in the plan as amended by the most recent evaluation 13 and appraisal report update amendments, such as within areas 14 designated for urban growth. 15 (e) An identification of the major issues for the 16 jurisdiction and, where pertinent, the potential social, 17 economic, and environmental impacts. 18 (f) Relevant changes to the state comprehensive plan, 19 the requirements of this part, the minimum criteria contained 20 in chapter 9J-5, Florida Administrative Code, and the 21 appropriate strategic regional policy plan since the adoption 22 of the original plan or the most recent evaluation and 23 appraisal report update amendments. 24 (g) An assessment of whether the plan objectives 25 within each element, as they relate to major issues, have been 26 achieved. The report shall include, as appropriate, an 27 identification as to whether unforeseen or unanticipated 28 changes in circumstances have resulted in problems or 29 opportunities with respect to major issues identified in each 30 element and the social, economic, and environmental impacts of 31 the issue. 64 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 (h) A brief assessment of successes and shortcomings 2 related to each element of the plan. 3 (i) The identification of any actions or corrective 4 measures, including whether plan amendments are anticipated to 5 address the major issues identified and analyzed in the 6 report. Such identification shall include, as appropriate, 7 new population projections, new revised planning timeframes, a 8 revised future conditions map or map series, an updated 9 capital improvements element, and any new and revised goals, 10 objectives, and policies for major issues identified within 11 each element. This paragraph shall not require the submittal 12 of the plan amendments with the evaluation and appraisal 13 report. 14 (j) A summary of the public participation program and 15 activities undertaken by the local government in preparing the 16 report. 17 (k) The coordination of the comprehensive plan with 18 existing public schools and those identified in the applicable 19 educational facilities plan adopted pursuant to s. 1013.35. 20 The assessment shall address, where relevant, the success or 21 failure of the coordination of the future land use map and 22 associated planned residential development with public schools 23 and their capacities, as well as the joint decisionmaking 24 processes engaged in by the local government and the school 25 board in regard to establishing appropriate population 26 projections and the planning and siting of public school 27 facilities. For those counties or municipalities that do not 28 have a public schools interlocal agreement or public school 29 facility element, the assessment shall determine whether the 30 local government continues to meet the criteria of s. 31 163.3177(12). If the county or municipality determines that it 65 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 no longer meets the criteria, it must adopt appropriate school 2 concurrency goals, objectives, and policies in its plan 3 amendments pursuant to the requirements of the public school 4 facility element, and enter into the existing interlocal 5 agreement required by ss. 163.3177(6)(h)2. and 163.31777 in 6 order to fully participate in the school concurrency system. 7 If the issues are not relevant, the local government shall 8 demonstrate that they are not relevant. 9 (l) The report must evaluate whether the local 10 government has been successful in identifying water supply 11 sources, including conservation and reuse, necessary to meet 12 existing and projected water use demand for the comprehensive 13 plan's established planning period. The water supply sources 14 evaluated in the report must be consistent with evaluation 15 must consider the appropriate water management district's 16 regional water supply plan approved pursuant to s. 373.0361. 17 The report must evaluate the degree to which the local 18 government has implemented the work plan for water supply 19 facilities included in the potable water element. The potable 20 water element must be revised to include a work plan, covering 21 at least a 10-year planning period, for building any water 22 supply facilities that are identified in the element as 23 necessary to serve existing and new development and for which 24 the local government is responsible. 25 (m) If any of the jurisdiction of the local government 26 is located within the coastal high-hazard area, an evaluation 27 of whether any past reduction in land use density impairs the 28 property rights of current residents when redevelopment 29 occurs, including, but not limited to, redevelopment following 30 a natural disaster. The property rights of current residents 31 shall be balanced with public safety considerations. The local 66 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 government must identify strategies to address redevelopment 2 feasibility and the property rights of affected residents. 3 These strategies may include the authorization of 4 redevelopment up to the actual built density in existence on 5 the property prior to the natural disaster or redevelopment. 6 (n) An assessment of whether the criteria adopted 7 pursuant to s. 163.3177(6)(a) were successful in achieving 8 compatibility with military installations. 9 (10) The governing body shall amend its comprehensive 10 plan based on the recommendations in the report and shall 11 update the comprehensive plan based on the components of 12 subsection (2), pursuant to the provisions of ss. 163.3184, 13 163.3187, and 163.3189. Amendments to update a comprehensive 14 plan based on the evaluation and appraisal report shall be 15 adopted during a single amendment cycle within 18 months after 16 the report is determined to be sufficient by the state land 17 planning agency, except the state land planning agency may 18 grant an extension for adoption of a portion of such 19 amendments. The state land planning agency may grant a 20 6-month extension for the adoption of such amendments if the 21 request is justified by good and sufficient cause as 22 determined by the agency. An additional extension may also be 23 granted if the request will result in greater coordination 24 between transportation and land use, for the purposes of 25 improving Florida's transportation system, as determined by 26 the agency in coordination with the Metropolitan Planning 27 Organization program. Failure to timely adopt update 28 amendments to the comprehensive plan based on the evaluation 29 and appraisal report shall result in a local government being 30 prohibited from adopting amendments to the comprehensive plan 31 until the evaluation and appraisal report update amendments 67 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 have been adopted and found in compliance by the state land 2 planning agency. The prohibition on plan amendments shall 3 commence when the update amendments to the comprehensive plan 4 are past due. The comprehensive plan as amended shall be in 5 compliance as defined in s. 163.3184(1)(b). Within 6 months 6 after the effective date of the update amendments to the 7 comprehensive plan, the local government shall provide to the 8 state land planning agency and to all agencies designated by 9 rule a complete copy of the updated comprehensive plan. 10 Section 8. Effective January 1, 2006, subsections (1), 11 (2), (3), and (6) of section 212.055, Florida Statutes, are 12 amended to read: 13 212.055 Discretionary sales surtaxes; legislative 14 intent; authorization and use of proceeds.--It is the 15 legislative intent that any authorization for imposition of a 16 discretionary sales surtax shall be published in the Florida 17 Statutes as a subsection of this section, irrespective of the 18 duration of the levy. Each enactment shall specify the types 19 of counties authorized to levy; the rate or rates which may be 20 imposed; the maximum length of time the surtax may be imposed, 21 if any; the procedure which must be followed to secure voter 22 approval, if required; the purpose for which the proceeds may 23 be expended; and such other requirements as the Legislature 24 may provide. Taxable transactions and administrative 25 procedures shall be as provided in s. 212.054. 26 (1) CHARTER COUNTY TRANSIT SYSTEM SURTAX.-- 27 (a)1. Each charter county which adopted a charter 28 prior to January 1, 1984, and each county the government of 29 which is consolidated with that of one or more municipalities, 30 may levy a discretionary sales surtax, subject to approval by 31 a majority vote of the electorate of the county, a majority 68 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 vote of the governing body, or by a charter amendment approved 2 by a majority vote of the electorate of the county. 3 2. Notwithstanding paragraphs (e) and (f), if a 4 noncharter county or a charter county has updated its capital 5 improvement element no earlier than 2005 and if its 6 comprehensive plan has been determined to be in compliance, 7 the noncharter county or charter county may levy a 8 discretionary sales surtax pursuant to this subsection by 9 majority vote of the membership of its governing body or 10 subject to a referendum. The proceeds of the surtax may be 11 used by the county to fund regionally-significant 12 transportation projects identified in the regional 13 transportation plan developed in accordance with an interlocal 14 agreement entered into pursuant to s. 163.01, subject to the 15 provisions of subparagraph (d)5. Surtaxes imposed by majority 16 vote must be used to supplement, not supplant, existing 17 infrastructure funding. A charter county may levy a surtax 18 under both this subparagraph and subparagraph 1. 19 (b) The rate shall be 0.5 percent or up to 1 percent. 20 (c) The proposal to adopt a discretionary sales surtax 21 as provided in this subsection and to create a trust fund 22 within the county accounts shall be placed on the ballot in 23 accordance with law at a time to be set at the discretion of 24 the governing body. 25 (d) Proceeds from the surtax shall be applied to as 26 many or as few of the uses enumerated below in whatever 27 combination the county commission deems appropriate: 28 1. Deposited by the county in the trust fund and shall 29 be used for the purposes of development, construction, 30 equipment, maintenance, operation, supportive services, 31 including a countywide bus system, and related costs of a 69 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 fixed guideway rapid transit system; 2 2. Remitted by the governing body of the county to an 3 expressway or transportation authority created by law to be 4 used, at the discretion of such authority, for the 5 development, construction, operation, or maintenance of roads 6 or bridges in the county, for the operation and maintenance of 7 a bus system, for the payment of principal and interest on 8 existing bonds issued for the construction of such roads or 9 bridges, and, upon approval by the county commission, such 10 proceeds may be pledged for bonds issued to refinance existing 11 bonds or new bonds issued for the construction of such roads 12 or bridges; 13 3. Used by the charter county for the development, 14 construction, operation, and maintenance of roads and bridges 15 in the county; for the expansion, operation, and maintenance 16 of bus and fixed guideway systems; and for the payment of 17 principal and interest on bonds issued for the construction of 18 fixed guideway rapid transit systems, bus systems, roads, or 19 bridges; and such proceeds may be pledged by the governing 20 body of the county for bonds issued to refinance existing 21 bonds or new bonds issued for the construction of such fixed 22 guideway rapid transit systems, bus systems, roads, or bridges 23 and no more than 25 percent used for nontransit uses; and 24 4. Used by the charter county for the planning, 25 development, construction, operation, and maintenance of roads 26 and bridges in the county; for the planning, development, 27 expansion, operation, and maintenance of bus and fixed 28 guideway systems; and for the payment of principal and 29 interest on bonds issued for the construction of fixed 30 guideway rapid transit systems, bus systems, roads, or 31 bridges; and such proceeds may be pledged by the governing 70 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 body of the county for bonds issued to refinance existing 2 bonds or new bonds issued for the construction of such fixed 3 guideway rapid transit systems, bus systems, roads, or 4 bridges. Pursuant to an interlocal agreement entered into 5 pursuant to chapter 163, the governing body of the charter 6 county may distribute proceeds from the tax to a municipality, 7 or an expressway or transportation authority created by law to 8 be expended for the purpose authorized by this paragraph. If 9 imposed by a majority vote of the governing body and there is 10 no interlocal agreement with a municipality, distribution of 11 the surtax proceeds shall be according to the formula provided 12 in s. 218.62. 13 5. Used by the county to fund regionally-significant 14 transportation projects identified in a regional 15 transportation plan developed in accordance with an interlocal 16 agreement entered into pursuant to s. 163.01 by two or more 17 contiguous metropolitan planning organizations; one or more 18 metropolitan planning organizations and one or more contiguous 19 counties that are not members of a metropolitan planning 20 organization; a multicounty regional transportation authority 21 created by or pursuant to law; two or more contiguous 22 counties; or metropolitan planning organizations comprised of 23 three or more counties. Projects to be funded shall be in 24 compliance with part II of chapter 163 after the effective 25 date of this act or to implement a long-term concurrency 26 management system adopted by a local government in accordance 27 with s. 163.3177(3) or (9). 28 (e) Surtaxes imposed by majority vote must be used to 29 supplement, not supplant, existing infrastructure funding. In 30 order to impose the surtax by a majority vote of the governing 31 body, the county must go through the following process: 71 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 1. An advisory board must be created to make 2 recommendations to the board of county commissioners regarding 3 infrastructure projects to address the needs of the community. 4 The governing body of the county shall appoint members to the 5 advisory board who represent the diversity of the community 6 and shall include individuals having an interest in business, 7 finance and accounting, economic development, the environment, 8 transportation, municipal government, education, and public 9 safety and growth management professionals. Based on the 10 estimated amount of the surtax collections, the advisory board 11 must conduct at least two public workshops to develop a 12 project list. Priority shall be given to projects that address 13 existing infrastructure deficits identified in a long-term 14 concurrency management system adopted by a local government in 15 accordance with s. 163.3177(3) or (9) or identified in the 16 capital improvements element. A quorum shall consist of a 17 majority of the advisory board members and is necessary to 18 take any action regarding recommendations to the governing 19 board of the local government. The board of county 20 commissioners shall provide staff support to the advisory 21 board. All advisory board meetings are open to the public, and 22 minutes of the meetings shall be available to the public. 23 2. After the advisory board submits the project list 24 to the board of county commissioners, it may be amended by the 25 board of county commissioners. A public notice must be given 26 of the intent to add additional projects or remove projects 27 recommended by the advisory board. Actions to amend the 28 project list may be taken at the noticed public hearing. Once 29 amended, the list may not be approved at the same meeting at 30 which it was amended. Notice of the intent to adopt the 31 project list must be given and the list must be approved at a 72 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 subsequent public meeting that may not be held sooner than 14 2 days after the meeting at which the project list was amended. 3 3. If the board of county commissioners does not amend 4 the recommended project list, it may adopt the proposed 5 project list at a public meeting following public notice of 6 the intent to adopt the recommendations of the advisory board. 7 4. The capital improvement schedule of the local 8 government comprehensive plan shall be updated to reflect the 9 project list pursuant to s. 163.3177(3). 10 5. Once the project list has been adopted, the board 11 may give notice of the intent to adopt the surtax by 12 ordinance. The board of county commissioners shall conduct a 13 public hearing to allow for public input on the proposed 14 surtax. The ordinance enacting the surtax may not be adopted 15 at the same meeting as that at which the project list is 16 adopted. 17 6. Once the ordinance adopting the surtax has been 18 enacted, the project list can be amended only in the following 19 manner. The board of county commissioners must give notice of 20 the intent to hold a public hearing to discuss adding or 21 removing projects from the list. The board of county 22 commissioners must take public testimony on the proposal. 23 Action may not be taken at that meeting with regards to the 24 proposal to amend the project list. Action may be taken at a 25 subsequent noticed public meeting that must be held at least 26 14 days after the meeting at which the proposed changes to the 27 project list were discussed. 28 7. If the tax is implemented, the advisory board shall 29 monitor the expenditure of the tax proceeds and shall hold 30 semiannual meetings. The advisory board shall also monitor 31 whether the county has maintained or increased the level of 73 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 infrastructure expenditures over the previous 5 years. 2 (f) A county may not levy the surtax by majority vote 3 of the governing body unless it has adopted a community vision 4 and an urban service boundary under s. 163.3177(13) and (14). 5 Municipalities within a charter county that levies the surtax 6 by majority vote may not receive surtax proceeds unless they 7 have also completed these requirements. Surtax proceeds may 8 only be expended within an urban service boundary. 9 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- 10 (a)1. The governing authority in each county may levy 11 a discretionary sales surtax of 0.5 percent or 1 percent. The 12 levy of the surtax shall be pursuant to ordinance enacted by a 13 majority of the members of the county governing authority or 14 and approved by a majority of the electors of the county 15 voting in a referendum on the surtax. If the governing bodies 16 of the municipalities representing a majority of the county's 17 population adopt uniform resolutions establishing the rate of 18 the surtax and calling for a referendum on the surtax, the 19 levy of the surtax shall be placed on the ballot and shall 20 take effect if approved by a majority of the electors of the 21 county voting in the referendum on the surtax. 22 2. If the surtax was levied pursuant to a referendum 23 held before July 1, 1993, the surtax may not be levied beyond 24 the time established in the ordinance, or, if the ordinance 25 did not limit the period of the levy, the surtax may not be 26 levied for more than 15 years. The levy of such surtax may be 27 extended only by approval of a majority of the electors of the 28 county voting in a referendum on the surtax. 29 (b) A statement which includes a brief general 30 description of the projects to be funded by the surtax and 31 which conforms to the requirements of s. 101.161 shall be 74 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 placed on the ballot by the governing authority of any county 2 which enacts an ordinance calling for a referendum on the levy 3 of the surtax or in which the governing bodies of the 4 municipalities representing a majority of the county's 5 population adopt uniform resolutions calling for a referendum 6 on the surtax. The following question shall be placed on the 7 ballot: 8 9 ....FOR the ....-cent sales tax 10 ....AGAINST the ....-cent sales tax 11 12 (c) Pursuant to s. 212.054(4), the proceeds of the 13 surtax levied under this subsection shall be distributed to 14 the county and the municipalities within such county in which 15 the surtax was collected, according to: 16 1. An interlocal agreement between the county 17 governing authority and the governing bodies of the 18 municipalities representing a majority of the county's 19 municipal population, which agreement may include a school 20 district with the consent of the county governing authority 21 and the governing bodies of the municipalities representing a 22 majority of the county's municipal population; or 23 2. If there is no interlocal agreement, according to 24 the formula provided in s. 218.62. 25 26 Any change in the distribution formula must take effect on the 27 first day of any month that begins at least 60 days after 28 written notification of that change has been made to the 29 department. 30 (d)1. The proceeds of the surtax authorized by this 31 subsection and any interest accrued thereto shall be expended 75 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 by the school district or within the county and municipalities 2 within the county, or, in the case of a negotiated joint 3 county agreement, within another county, to finance, plan, and 4 construct infrastructure and to acquire land for public 5 recreation or conservation or protection of natural resources 6 and to finance the closure of county-owned or municipally 7 owned solid waste landfills that are already closed or are 8 required to close by order of the Department of Environmental 9 Protection. Any use of such proceeds or interest for purposes 10 of landfill closure prior to July 1, 1993, is ratified. 11 Neither the proceeds nor any interest accrued thereto shall be 12 used for operational expenses of any infrastructure, except 13 that any county with a population of less than 75,000 that is 14 required to close a landfill by order of the Department of 15 Environmental Protection may use the proceeds or any interest 16 accrued thereto for long-term maintenance costs associated 17 with landfill closure. Counties, as defined in s. 125.011(1), 18 and charter counties may, in addition, use the proceeds and 19 any interest accrued thereto to retire or service indebtedness 20 incurred for bonds issued prior to July 1, 1987, for 21 infrastructure purposes, and for bonds subsequently issued to 22 refund such bonds. Any use of such proceeds or interest for 23 purposes of retiring or servicing indebtedness incurred for 24 such refunding bonds prior to July 1, 1999, is ratified. 25 2. For the purposes of this paragraph, 26 "infrastructure" means: 27 a. Any fixed capital expenditure or fixed capital 28 outlay associated with the construction, reconstruction, or 29 improvement of public facilities which have a life expectancy 30 of 5 or more years and any land acquisition, land improvement, 31 design, and engineering costs related thereto. 76 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 b. A fire department vehicle, an emergency medical 2 service vehicle, a sheriff's office vehicle, a police 3 department vehicle, or any other vehicle, and such equipment 4 necessary to outfit the vehicle for its official use or 5 equipment that has a life expectancy of at least 5 years. 6 c. Any expenditure for the construction, lease, or 7 maintenance of, or provision of utilities or security for, 8 facilities as defined in s. 29.008. 9 3. Notwithstanding any other provision of this 10 subsection, a discretionary sales surtax imposed or extended 11 after the effective date of this act may provide for an amount 12 not to exceed 15 percent of the local option sales surtax 13 proceeds to be allocated for deposit to a trust fund within 14 the county's accounts created for the purpose of funding 15 economic development projects of a general public purpose 16 targeted to improve local economies, including the funding of 17 operational costs and incentives related to such economic 18 development. The ballot statement must indicate the intention 19 to make an allocation under the authority of this 20 subparagraph. 21 (e) School districts, counties, and municipalities 22 receiving proceeds under the provisions of this subsection may 23 pledge such proceeds for the purpose of servicing new bond 24 indebtedness incurred pursuant to law. Local governments may 25 use the services of the Division of Bond Finance of the State 26 Board of Administration pursuant to the State Bond Act to 27 issue any bonds through the provisions of this subsection. In 28 no case may a jurisdiction issue bonds pursuant to this 29 subsection more frequently than once per year. Counties and 30 municipalities may join together for the issuance of bonds 31 authorized by this subsection. 77 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 (f)1. Notwithstanding paragraph (d), a county that has 2 a population of 50,000 or less on April 1, 1992, or any county 3 designated as an area of critical state concern on the 4 effective date of this act, and that imposed the surtax before 5 July 1, 1992, may use the proceeds and interest of the surtax 6 for any public purpose if: 7 a. The debt service obligations for any year are met; 8 b. The county's comprehensive plan has been determined 9 to be in compliance with part II of chapter 163; and 10 c. The county has adopted an amendment to the surtax 11 ordinance pursuant to the procedure provided in s. 125.66 12 authorizing additional uses of the surtax proceeds and 13 interest. 14 2. A municipality located within a county that has a 15 population of 50,000 or less on April 1, 1992, or within a 16 county designated as an area of critical state concern on the 17 effective date of this act, and that imposed the surtax before 18 July 1, 1992, may not use the proceeds and interest of the 19 surtax for any purpose other than an infrastructure purpose 20 authorized in paragraph (d) unless the municipality's 21 comprehensive plan has been determined to be in compliance 22 with part II of chapter 163 and the municipality has adopted 23 an amendment to its surtax ordinance or resolution pursuant to 24 the procedure provided in s. 166.041 authorizing additional 25 uses of the surtax proceeds and interest. Such municipality 26 may expend the surtax proceeds and interest for any public 27 purpose authorized in the amendment. 28 3. Those counties designated as an area of critical 29 state concern which qualify to use the surtax for any public 30 purpose may use only up to 10 percent of the surtax proceeds 31 for any public purpose other than for infrastructure purposes 78 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 authorized by this section. 2 (g) Notwithstanding paragraph (d), a county having a 3 population greater than 75,000 in which the taxable value of 4 real property is less than 60 percent of the just value of 5 real property for ad valorem tax purposes for the tax year in 6 which an infrastructure surtax referendum is placed before the 7 voters, and the municipalities within such a county, may use 8 the proceeds and interest of the surtax for operation and 9 maintenance of parks and recreation programs and facilities 10 established with the proceeds of the surtax throughout the 11 duration of the surtax levy or while interest earnings 12 accruing from the proceeds of the surtax are available for 13 such use, whichever period is longer. 14 (h) Notwithstanding any other provision of this 15 section, a county shall not levy local option sales surtaxes 16 authorized in this subsection and subsections (3), (4), and 17 (5) in excess of a combined rate of 1 percent. However, a 18 small county may levy the local option sales surtax authorized 19 in this subsection and subsection (3) for a combined rate of 20 up to 2 percent. Surtaxes imposed by majority vote must be 21 used to supplement, not supplant, existing infrastructure 22 funding. In order to impose the surtax by a majority vote of 23 the governing body, the county must go through the following 24 process: 25 1. An advisory board must be created to make 26 recommendations to the board of county commissioners regarding 27 infrastructure projects to address the needs of the community. 28 The governing body of the county shall appoint members to the 29 advisory board who represent the diversity of the community 30 and shall include individuals having an interest in business, 31 economic development, the environment, transportation, 79 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 municipal government, education, and public safety and growth 2 management professionals. Based on the estimated amount of the 3 surtax collections, the advisory board must conduct at least 4 two public workshops to develop a project list. Priority shall 5 be given to projects that address existing infrastructure 6 deficits. A quorum shall consist of a majority of the advisory 7 board members and is necessary to take any action regarding 8 recommendations to the governing board of the local 9 government. The board of county commissioners shall provide 10 staff support to the advisory board. All advisory board 11 meetings are open to the public, and minutes of the meetings 12 shall be available to the public. 13 2. After the advisory board submits the project list 14 to the board of county commissioners, it may be amended by the 15 board of county commissioners. A public notice must be given 16 of the intent to add additional projects or remove projects 17 recommended by the advisory board. Actions to amend the 18 project list may be taken at the noticed public hearing. Once 19 amended, the project list may not be approved at the same 20 meeting at which it was amended. Notice of the intent to adopt 21 the project list must be given and the list must be approved 22 at a subsequent public meeting that may not be held sooner 23 than 14 days after the meeting at which the list was amended. 24 3. If the board of county commissioners does not amend 25 the recommended project list, it may adopt the proposed 26 project list at a public meeting following public notice of 27 the intent to adopt the recommendations of the advisory board. 28 4. The capital improvement schedule of the local 29 government comprehensive plan shall be updated to reflect the 30 project list pursuant to s. 163.3177(3). 31 5. Once the project list has been adopted, the board 80 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 may give notice of the intent to adopt the surtax by 2 ordinance. The board of county commissioners shall conduct a 3 public hearing to allow for public input on the proposed 4 surtax. The ordinance enacting the surtax may not be adopted 5 at the same meeting as that at which the project list is 6 adopted. 7 6. Once the ordinance adopting the surtax has been 8 enacted, the project list can be amended only in the following 9 manner. The board of county commissioners must give notice of 10 the intent to hold a public hearing to discuss adding or 11 removing projects from the list. The board of county 12 commissioners must take public testimony on the proposal. 13 Action may not be taken at that meeting with regards to the 14 proposal to amend the project list. Action may be taken at a 15 subsequent noticed public meeting that must be held at least 16 14 days after the meeting at which the proposed changes to the 17 project list were discussed. 18 7. If the tax is implemented, the advisory board shall 19 monitor the expenditure of the tax proceeds and shall hold 20 semiannual meetings. The advisory board shall also monitor 21 whether the county has maintained or increased the level of 22 infrastructure expenditures over the previous 5 years. 23 (j) A county may not levy this surtax by majority vote 24 of the governing body unless it has established an urban 25 service boundary under s. 163.3177(14) and has completed the 26 visioning requirements of s. 163.3177(13). Municipalities 27 within a county that levies the surtax by a majority vote may 28 not receive surtax proceeds unless they have also completed 29 these requirements. Surtax proceeds may only be expended 30 within an urban service boundary. 31 (3) SMALL COUNTY SURTAX.-- 81 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 (a) The governing authority in each county that has a 2 population of 50,000 or less on April 1, 1992, may levy a 3 discretionary sales surtax of 0.5 percent or 1 percent. The 4 levy of the surtax shall be pursuant to ordinance enacted by 5 an extraordinary vote of the members of the county governing 6 authority if the surtax revenues are expended for operating 7 purposes. If the surtax revenues are expended for the purpose 8 of servicing bond indebtedness, the surtax shall be approved 9 by a majority of the electors of the county voting in a 10 referendum on the surtax. 11 (b) A statement that includes a brief general 12 description of the projects to be funded by the surtax and 13 conforms to the requirements of s. 101.161 shall be placed on 14 the ballot by the governing authority of any county that 15 enacts an ordinance calling for a referendum on the levy of 16 the surtax for the purpose of servicing bond indebtedness. 17 The following question shall be placed on the ballot: 18 19 ....FOR the ....-cent sales tax 20 ....AGAINST the ....-cent sales tax 21 22 (c) Pursuant to s. 212.054(4), the proceeds of the 23 surtax levied under this subsection shall be distributed to 24 the county and the municipalities within the county in which 25 the surtax was collected, according to: 26 1. An interlocal agreement between the county 27 governing authority and the governing bodies of the 28 municipalities representing a majority of the county's 29 municipal population, which agreement may include a school 30 district with the consent of the county governing authority 31 and the governing bodies of the municipalities representing a 82 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 majority of the county's municipal population; or 2 2. If there is no interlocal agreement, according to 3 the formula provided in s. 218.62. 4 5 Any change in the distribution formula shall take effect on 6 the first day of any month that begins at least 60 days after 7 written notification of that change has been made to the 8 department. 9 (d)1. If the surtax is levied pursuant to a 10 referendum, the proceeds of the surtax and any interest 11 accrued thereto may be expended by the school district or 12 within the county and municipalities within the county, or, in 13 the case of a negotiated joint county agreement, within 14 another county, for the purpose of servicing bond indebtedness 15 to finance, plan, and construct infrastructure and to acquire 16 land for public recreation or conservation or protection of 17 natural resources. However, if the surtax is levied pursuant 18 to an ordinance approved by an extraordinary vote of the 19 members of the county governing authority, the proceeds and 20 any interest accrued thereto may be used for operational 21 expenses of any infrastructure or for any public purpose 22 authorized in the ordinance under which the surtax is levied. 23 2. For the purposes of this paragraph, 24 "infrastructure" means any fixed capital expenditure or fixed 25 capital costs associated with the construction, 26 reconstruction, or improvement of public facilities that have 27 a life expectancy of 5 or more years and any land acquisition, 28 land improvement, design, and engineering costs related 29 thereto. 30 (e) A school district, county, or municipality that 31 receives proceeds under this subsection following a referendum 83 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 may pledge the proceeds for the purpose of servicing new bond 2 indebtedness incurred pursuant to law. Local governments may 3 use the services of the Division of Bond Finance pursuant to 4 the State Bond Act to issue any bonds through the provisions 5 of this subsection. A jurisdiction may not issue bonds 6 pursuant to this subsection more frequently than once per 7 year. A county and municipality may join together to issue 8 bonds authorized by this subsection. 9 (f) Notwithstanding any other provision of this 10 section, a county shall not levy local option sales surtaxes 11 authorized in this subsection and subsection subsections (2), 12 (4), and (5) in excess of a combined rate of 1 percent. 13 (6) SCHOOL CAPITAL OUTLAY SURTAX.-- 14 (a) The school board in each county may levy, pursuant 15 to resolution conditioned to take effect only upon approval by 16 a majority vote of the electors of the county voting in a 17 referendum or by majority vote of the county governing body, a 18 discretionary sales surtax at a rate that may not exceed 0.5 19 percent. 20 (b) The resolution shall include a statement that 21 provides a brief and general description of the school capital 22 outlay projects to be funded by the surtax. The statement 23 shall conform to the requirements of s. 101.161 and shall be 24 placed on the ballot by the governing body of the county. The 25 following question shall be placed on the ballot: 26 27 ....FOR THE ....CENTS TAX 28 ....AGAINST THE ....CENTS TAX 29 30 (c) The resolution providing for the imposition of the 31 surtax shall set forth a plan for use of the surtax proceeds 84 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 for fixed capital expenditures or fixed capital costs 2 associated with the construction, reconstruction, or 3 improvement of school facilities and campuses which have a 4 useful life expectancy of 5 or more years, and any land 5 acquisition, land improvement, design, and engineering costs 6 related thereto. Additionally, the plan shall include the 7 costs of retrofitting and providing for technology 8 implementation, including hardware and software, for the 9 various sites within the school district. Surtax revenues may 10 be used for the purpose of servicing bond indebtedness to 11 finance projects authorized by this subsection, and any 12 interest accrued thereto may be held in trust to finance such 13 projects. Neither the proceeds of the surtax nor any interest 14 accrued thereto shall be used for operational expenses. 15 (d) Any school board receiving proceeds from imposing 16 the surtax shall implement a freeze on noncapital local school 17 property taxes, at the millage rate imposed in the year prior 18 to the implementation of the surtax, for a period of at least 19 3 years from the date of imposition of the surtax. This 20 provision shall not apply to existing debt service or required 21 state taxes. 22 (e) Surtax revenues collected by the Department of 23 Revenue pursuant to this subsection shall be distributed to 24 the school board imposing the surtax in accordance with law. 25 (f) Surtaxes imposed by majority vote must be used to 26 supplement, not supplant, existing school capital outlay 27 funding. In order to impose the surtax by a majority vote of 28 the county governing body, the county must go through the 29 following process: 30 1. An advisory board must be created to make 31 recommendations to the board of county commissioners regarding 85 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 the use of the surtax proceeds for fixed capital expenditures 2 or fixed capital costs associated with the construction, 3 reconstruction, or improvement of school facilities and 4 campuses that have a useful life expectancy of 5 or more years 5 and any land acquisition, land improvement, design, and 6 engineering costs related thereto. The governing body of the 7 county shall appoint members to the advisory board who 8 represent the diversity of the community and shall include 9 individuals with an interest in business, economic 10 development, the environment, municipal government, education, 11 and public safety and growth management professionals. Based 12 on the estimated amount of the surtax collections, the 13 advisory board will conduct at least two public workshops to 14 develop a project list. A quorum shall consist of a majority 15 of the advisory board members and is necessary to take any 16 action regarding recommendations to the governing board of the 17 local government. The board of county commissioners shall 18 provide staff support to the advisory board. All advisory 19 board meetings are open to the public, and minutes of the 20 meetings shall be available to the public. 21 2. After the advisory board submits the project list 22 to the board of county commissioners, it may be amended by the 23 board of county commissioners only in the following fashion. A 24 public notice must be given of the intent to add additional 25 projects or remove projects recommended by the advisory board. 26 Actions to amend the project list may be taken at the noticed 27 public hearing. Once amended, the project list must be 28 approved at a subsequent meeting. Notice of the intent to 29 adopt the project list must be given and the project list must 30 be approved at a subsequent public meeting that cannot be held 31 sooner than 14 days after the meeting at which the list was 86 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 amended. 2 3. If the board of county commissioners does not amend 3 the recommended project list, it may adopt the proposed 4 project list at a public meeting following public notice of 5 the intent to adopt the recommendations of the advisory board. 6 4. The capital improvement schedule of the local 7 government comprehensive plan shall be updated to reflect the 8 project list pursuant to s. 163.3177(3). 9 5. Once the project list has been adopted, the board 10 may give notice of the intent to adopt the surtax by 11 ordinance. The board of county commissioners shall conduct a 12 public hearing to allow for public input on the proposed 13 surtax. Enacting the ordinance for the surtax and adopting the 14 project list may not be accomplished at the same meeting. 15 6. Once the ordinance adopting the surtax has been 16 enacted, the project list can be amended only in the following 17 manner. The board of county commissioners must give notice of 18 the intent to hold a public hearing to discuss adding or 19 removing projects from the list. The board of county 20 commissioners must take public testimony on the proposal. 21 Action may not be taken at that meeting with regards to the 22 proposal to amend the project list. Action may be taken at a 23 subsequent noticed public meeting that must be held at least 24 14 days after the meeting at which the proposed changes to the 25 project list were discussed. 26 7. If the tax is implemented, the advisory board shall 27 monitor the expenditure of the tax proceeds and shall hold 28 semiannual meetings. The advisory board shall also monitor 29 whether the county has maintained or increased the level of 30 school capital outlay expenditures over the previous 5 years. 31 (g) If the surtax is levied by a majority vote of the 87 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 governing body, the school board shall use due diligence and 2 sound business practices in the design, construction, and use 3 of educational facilities and may not exceed the maximum 4 cost-per-student station established in s. 1013.72(2). 5 Section 9. Subsection (1) of section 206.41, Florida 6 Statutes, is amended to read: 7 206.41 State taxes imposed on motor fuel.-- 8 (1) The following taxes are imposed on motor fuel 9 under the circumstances described in subsection (6): 10 (a) An excise or license tax of 2 cents per net 11 gallon, which is the tax as levied by s. 16, Art. IX of the 12 State Constitution of 1885, as amended, and continued by s. 13 9(c), Art. XII of the 1968 State Constitution, as amended, 14 which is therein referred to as the "second gas tax," and 15 which is hereby designated the "constitutional fuel tax." 16 (b) An additional tax of 1 cent per net gallon, which 17 is designated as the "county fuel tax" and which shall be used 18 for the purposes described in s. 206.60. 19 (c) An additional tax of 1 cent per net gallon, which 20 is designated as the "municipal fuel tax" and which shall be 21 used for the purposes described in s. 206.605. 22 (d)1. An additional tax of 1 cent per net gallon may 23 be imposed by each county on motor fuel, which shall be 24 designated as the "ninth-cent fuel tax." This tax shall be 25 levied and used as provided in s. 336.021. 26 2. Beginning January 1, 2006, and on January 1 of each 27 year thereafter, the tax rate set forth in subparagraph 1. 28 shall be adjusted by the percentage change in the average 29 consumer price index issued by the United States Department of 30 Labor for the most recent 12-month period ending September 30, 31 compared to the base year, which is the 12-month period ending 88 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 September 30, 2005, and rounded to the nearest tenth of a 2 cent. 3 3. The department shall notify each terminal supplier, 4 position holder, wholesaler, and importer of the tax rate 5 applicable under this paragraph for the 12-month period 6 beginning January 1. 7 (e)1. An additional tax of between 1 cent and 11 cents 8 per net gallon may be imposed on motor fuel by each county, 9 which shall be designated as the "local option fuel tax." 10 This tax shall be levied and used as provided in s. 336.025. 11 2. Beginning January 1, 2006, and on January 1 of each 12 year thereafter, the tax rate set forth in subparagraph 1. 13 shall be adjusted by the percentage change in the average 14 consumer price index issued by the United States Department of 15 Labor for the most recent 12-month period ending September 30, 16 compared to the base year, which is the 12-month period ending 17 September 30, 2005, and rounded to the nearest tenth of a 18 cent. 19 3. The department shall notify each terminal supplier, 20 position holder, wholesaler, and importer of the tax rate 21 applicable under this paragraph for the 12-month period 22 beginning January 1. 23 (f)1. An additional tax designated as the State 24 Comprehensive Enhanced Transportation System Tax is imposed on 25 each net gallon of motor fuel in each county. This tax shall 26 be levied and used as provided in s. 206.608. 27 2. The rate of the tax in each county shall be equal 28 to two-thirds of the lesser of the sum of the taxes imposed on 29 motor fuel pursuant to paragraphs (d) and (e) in such county 30 or 6 cents, rounded to the nearest tenth of a cent. 31 3. Beginning January 1, 1992, and on January 1 of each 89 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 year thereafter, the tax rate provided in subparagraph 2. 2 shall be adjusted by the percentage change in the average of 3 the Consumer Price Index issued by the United States 4 Department of Labor for the most recent 12-month period ending 5 September 30, compared to the base year average, which is the 6 average for the 12-month period ending September 30, 1990, and 7 rounded to the nearest tenth of a cent. 8 4. The department shall notify each terminal supplier, 9 position holder, wholesaler, and importer of the tax rate 10 applicable under this paragraph for the 12-month period 11 beginning January 1. 12 (g)1. An additional tax is imposed on each net gallon 13 of motor fuel, which tax is on the privilege of selling motor 14 fuel and which is designated the "fuel sales tax," at a rate 15 determined pursuant to this paragraph. Before January 1 of 16 1997, and of each year thereafter, the department shall 17 determine the tax rate applicable to the sale of fuel for the 18 forthcoming 12-month period beginning January 1, rounded to 19 the nearest tenth of a cent, by adjusting the initially 20 established tax rate of 6.9 cents per gallon by the percentage 21 change in the average of the Consumer Price Index issued by 22 the United States Department of Labor for the most recent 23 12-month period ending September 30, compared to the base year 24 average, which is the average for the 12-month period ending 25 September 30, 1989. However, the tax rate shall not be lower 26 than 6.9 cents per gallon. 27 2. The department is authorized to adopt rules and 28 adopt such forms as may be necessary for the administration of 29 this paragraph. 30 3. The department shall notify each terminal supplier, 31 position holder, wholesaler, and importer of the tax rate 90 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 applicable under this paragraph for the 12-month period 2 beginning January 1. 3 Section 10. Effective January 1, 2006, paragraph (a) 4 of subsection (1) of section 336.021, Florida Statutes, is 5 amended to read: 6 336.021 County transportation system; levy of 7 ninth-cent fuel tax on motor fuel and diesel fuel.-- 8 (1)(a) Any county in the state, by majority or 9 extraordinary vote of the membership of its governing body or 10 subject to a referendum, may levy the tax imposed by ss. 11 206.41(1)(d) and 206.87(1)(b). County and municipal 12 governments may use the moneys received under this paragraph 13 only for transportation expenditures as defined in s. 14 336.025(7). A county may not levy this surtax by majority vote 15 of the governing body unless it has adopted a community vision 16 under s. 163.3177(13). Municipalities within a county that 17 levies the surtax by a majority vote may not receive surtax 18 proceeds unless they have also completed this requirement. 19 Section 11. Paragraph (b) of subsection (1) of section 20 336.025, Florida Statutes, is amended to read: 21 336.025 County transportation system; levy of local 22 option fuel tax on motor fuel and diesel fuel.-- 23 (1) 24 (b) In addition to other taxes allowed by law, there 25 may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 26 3-cent, 4-cent, or 5-cent local option fuel tax upon every 27 gallon of motor fuel sold in a county and taxed under the 28 provisions of part I of chapter 206. The tax shall be levied 29 by an ordinance adopted by a majority or majority plus one 30 vote of the membership of the governing body of the county or 31 by referendum. 91 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 1. All impositions and rate changes of the tax shall 2 be levied before July 1, to be effective January 1 of the 3 following year. However, levies of the tax which were in 4 effect on July 1, 2002, and which expire on August 31 of any 5 year may be reimposed at the current authorized rate effective 6 September 1 of the year of expiration. 7 2. The county may, prior to levy of the tax, establish 8 by interlocal agreement with one or more municipalities 9 located therein, representing a majority of the population of 10 the incorporated area within the county, a distribution 11 formula for dividing the entire proceeds of the tax among 12 county government and all eligible municipalities within the 13 county. If no interlocal agreement is adopted before the 14 effective date of the tax, tax revenues shall be distributed 15 pursuant to the provisions of subsection (4). If no interlocal 16 agreement exists, a new interlocal agreement may be 17 established prior to June 1 of any year pursuant to this 18 subparagraph. However, any interlocal agreement agreed to 19 under this subparagraph after the initial levy of the tax or 20 change in the tax rate authorized in this section shall under 21 no circumstances materially or adversely affect the rights of 22 holders of outstanding bonds which are backed by taxes 23 authorized by this paragraph, and the amounts distributed to 24 the county government and each municipality shall not be 25 reduced below the amount necessary for the payment of 26 principal and interest and reserves for principal and interest 27 as required under the covenants of any bond resolution 28 outstanding on the date of establishment of the new interlocal 29 agreement. 30 3. County and municipal governments shall use moneys 31 received pursuant to this paragraph for transportation 92 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 expenditures needed to meet the requirements of the capital 2 improvements element of an adopted comprehensive plan or for 3 expenditures needed to meet immediate local transportation 4 problems and for other transportation-related expenditures 5 that are critical for building comprehensive roadway networks 6 by local governments. For purposes of this paragraph, 7 expenditures for the construction of new roads, the 8 reconstruction or resurfacing of existing paved roads, or the 9 paving of existing graded roads shall be deemed to increase 10 capacity and such projects shall be included in the capital 11 improvements element of an adopted comprehensive plan. 12 Expenditures for purposes of this paragraph shall not include 13 routine maintenance of roads. 14 4. A county may not levy this surtax by majority vote 15 of the governing body unless it has adopted a community vision 16 under s. 163.3177(13). Municipalities within a county that 17 levies the surtax by a majority vote may not receive surtax 18 proceeds unless they have also completed this requirement. 19 Section 12. Paragraph (b) of subsection (4) of section 20 339.135, Florida Statutes, is amended to read: 21 339.135 Work program; legislative budget request; 22 definitions; preparation, adoption, execution, and 23 amendment.-- 24 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-- 25 (b)1. A tentative work program, including the ensuing 26 fiscal year and the successive 4 fiscal years, shall be 27 prepared for the State Transportation Trust Fund and other 28 funds managed by the department, unless otherwise provided by 29 law. The tentative work program shall be based on the 30 district work programs and shall set forth all projects by 31 phase to be undertaken during the ensuing fiscal year and 93 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 planned for the successive 4 fiscal years. The total amount of 2 the liabilities accruing in each fiscal year of the tentative 3 work program may not exceed the revenues available for 4 expenditure during the respective fiscal year based on the 5 cash forecast for that respective fiscal year. 6 2. The tentative work program shall be developed in 7 accordance with the Florida Transportation Plan required in s. 8 339.155 and must comply with the program funding levels 9 contained in the program and resource plan. 10 3. The department may include in the tentative work 11 program proposed changes to the programs contained in the 12 previous work program adopted pursuant to subsection (5); 13 however, the department shall minimize changes and adjustments 14 that affect the scheduling of project phases in the 4 common 15 fiscal years contained in the previous adopted work program 16 and the tentative work program. The department, in the 17 development of the tentative work program, shall advance by 1 18 fiscal year all projects included in the second year of the 19 previous year's adopted work program, unless the secretary 20 specifically determines that it is necessary, for specific 21 reasons, to reschedule or delete one or more projects from 22 that year. Such changes and adjustments shall be clearly 23 identified, and the effect on the 4 common fiscal years 24 contained in the previous adopted work program and the 25 tentative work program shall be shown. It is the intent of 26 the Legislature that the first 5 years of the adopted work 27 program for facilities designated as part of the Florida 28 Intrastate Highway System and the first 3 years of the adopted 29 work program stand as the commitment of the state to undertake 30 transportation projects that local governments may rely on for 31 planning and concurrency purposes and in the development and 94 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 amendment of the capital improvements elements of their local 2 government comprehensive plans. 3 4. The tentative work program must include a balanced 4 36-month forecast of cash and expenditures and a 5-year 5 finance plan supporting the tentative work program. 6 Section 13. The Office of Program Policy Analysis and 7 Government Accountability shall perform a study on adjustments 8 to the boundaries of Florida Regional Planning Councils, 9 Florida Water Management Districts, and Department of 10 Transportation Districts. The purpose of this study is to 11 organize these regional boundaries to be more coterminous with 12 one another, creating a more unified system of regional 13 boundaries. This study must be completed by December 31, 2005, 14 and submitted to the President of the Senate, the Speaker of 15 the House of Representatives, and the Governor by January 15, 16 2006. 17 Section 14. Section 163.3247, Florida Statutes, is 18 created to read: 19 163.3247 Century Commission.-- 20 (1) POPULAR NAME.--This section may be cited as the 21 "Century Commission Act." 22 (2) FINDINGS AND INTENT.--The Legislature finds and 23 declares that the population of this state is expected to more 24 than double over the next 100 years, with commensurate impacts 25 to the state's natural resources and public infrastructure. 26 Consequently, it is in the best interests of the people of the 27 state to ensure sound planning for the proper placement of 28 this growth and protection of the state's land, water, and 29 other natural resources since such resources are essential to 30 our collective quality of life and a strong economy. The 31 state's growth management system should foster economic 95 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 stability through regional solutions and strategies, urban 2 renewal and infill, and the continued viability of 3 agricultural economies, while allowing for rural economic 4 development and protecting the unique characteristics of rural 5 areas, and should reduce the complexity of the regulatory 6 process while carrying out the intent of the laws and 7 encouraging greater citizen participation. 8 (3) CENTURY COMMISSION; CREATION; ORGANIZATION.--The 9 Century Commission is created as a standing body to help the 10 citizens of this state envision and plan their collective 11 future with an eye towards both 25-year and 50-year horizons. 12 (a) The 21-member commission shall be appointed by the 13 Governor. Four members shall be members of the Legislature who 14 shall be appointed with the advice and consultation of the 15 President of the Senate and the Speaker of the House of 16 Representatives. The Secretary of Community Affairs, the 17 Commissioner of Agriculture, the Secretary of Transportation, 18 the Secretary of Environmental Protection, and the Executive 19 Director of the Fish and Wildlife Conservation Commission, or 20 their designees, shall also serve as voting members. The other 21 12 appointments shall reflect the diversity of this state's 22 citizens, and must include individuals representing each of 23 the following interests: growth management, business and 24 economic development, environmental protection, agriculture, 25 municipal governments, county governments, regional planning 26 entities, education, public safety, planning professionals, 27 transportation planners, and urban infill and redevelopment. 28 One member shall be designated by the Governor as chair of the 29 commission. Any vacancy that occurs on the commission must be 30 filled in the same manner as the original appointment and 31 shall be for the unexpired term of that commission seat. 96 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 Members shall serve 4-year terms, except that, initially, to 2 provide for staggered terms, three of the appointees, one each 3 by the Governor, the President of the Senate, and the Speaker 4 of the House of Representatives, shall serve 2-year terms, 5 three shall serve 4-year terms, and three shall serve 6-year 6 terms. All subsequent appointments shall be for 4-year terms. 7 An appointee may not serve more than 6 years. 8 (b) The first meeting of the commission shall be held 9 no later than December 1, 2005, and shall meet at the call of 10 the chair but not less frequently than three times per year in 11 different regions of the state to solicit input from the 12 public or any other individuals offering testimony relevant to 13 the issues to be considered. 14 (c) Each member of the commission is entitled to one 15 vote and action of the commission is not binding unless taken 16 by a three-fifths vote of the members present. A majority of 17 the members is required to constitute a quorum, and the 18 affirmative vote of a quorum is required for a binding vote. 19 (d) Members of the commission shall serve without 20 compensation but shall be entitled to receive per diem and 21 travel expenses in accordance with s. 112.061 while in 22 performance of their duties. 23 (4) POWERS AND DUTIES.--The commission shall: 24 (a) Annually conduct a process through which the 25 commission envisions the future for the state, and then 26 develops and recommends policies, plans, action steps, or 27 strategies to assist in achieving the vision. 28 (b) Continuously review and consider statutory and 29 regulatory provisions, governmental processes, and societal 30 and economic trends in its inquiry of how state, regional, and 31 local governments and entities and citizens of this state can 97 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 best accommodate projected increased populations while 2 maintaining the natural, historical, cultural, and manmade 3 life qualities that best represent the state. 4 (c) Bring together people representing varied 5 interests to develop a shared image of the state and its 6 developed and natural areas. The process should involve 7 exploring the impact of the estimated population increase and 8 other emerging trends and issues; creating a vision for the 9 future; and developing a strategic action plan to achieve that 10 vision using 25-year and 50-year intermediate planning 11 timeframes. 12 (d) Focus on essential state interests, defined as 13 those interests that transcend local or regional boundaries 14 and are most appropriately conserved, protected, and promoted 15 at the state level. 16 (e) Serve as an objective, nonpartisan repository of 17 exemplary community-building ideas and as a source to 18 recommend strategies and practices to assist others in working 19 collaboratively to solve problems concerning issues relating 20 to growth management. 21 (f) Annually, beginning January 15, 2007, and every 22 year thereafter on the same date, provide to the Governor, the 23 President of the Senate, and the Speaker of the House of 24 Representatives a written report containing specific 25 recommendations for addressing growth management in the state, 26 including executive and legislative recommendations. This 27 report shall be verbally presented to a joint session of both 28 houses annually as scheduled by the President of the Senate 29 and the Speaker of the House of Representatives. 30 (g) Beginning with the 2007 Regular Session of the 31 Legislature, the President of the Senate and Speaker of the 98 3:11 PM 04/11/05 s0360p-ca00-j05
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. SB 360 Barcode 811680 578-1983E-05 1 House of Representatives shall create a joint select 2 committee, the task of which shall be to review the findings 3 and recommendations of the Century Commission for potential 4 action. 5 (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.-- 6 (a) The Secretary of Community Affairs shall select an 7 executive director of the commission, and the executive 8 director shall serve at the pleasure of the secretary under 9 the supervision and control of the commission. 10 (b) The Department of Community Affairs shall provide 11 staff and other resources necessary to accomplish the goals of 12 the commission based upon recommendations of the Governor. 13 (c) All agencies under the control of the Governor are 14 directed, and all other agencies are requested, to render 15 assistance to, and cooperate with, the commission. 16 Section 15. Effective July 1, 2005, the sum of 17 $250,000 is appropriated from the General Revenue Fund to the 18 Department of Community Affairs to provide the necessary staff 19 and other assistance to the Century Commission required by 20 section 163.3247, Florida Statutes, as created by this act. 21 Section 16. Except as otherwise expressly provided in 22 this act, this act shall take effect July 1, 2005. 23 24 25 26 27 28 29 30 31 99 3:11 PM 04/11/05 s0360p-ca00-j05
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