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Senate Bill 0360

Senate Bill sb0360c1

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    Florida Senate - 2005                            CS for SB 360

    By the Committee on Community Affairs; and Senator Bennett





    578-2081-05

  1                      A bill to be entitled

  2         An act relating to infrastructure planning and

  3         funding; amending s. 163.3164, F.S.; defining

  4         the term "financial feasibility"; amending s.

  5         163.3177, F.S.; revising requirements for the

  6         capital improvements element of a comprehensive

  7         plan; requiring a schedule of capital

  8         improvements; providing a deadline for certain

  9         amendments; providing an exception; providing

10         requirements for a local government that

11         prepares its own water supply analysis for

12         purposes of an element of the comprehensive

13         plan; authorizing planning for

14         multijurisdictional water supply facilities;

15         providing requirements for counties and

16         municipalities with respect to the public

17         school facilities element; requiring an

18         interlocal agreement; exempting certain

19         municipalities from such requirements;

20         requiring that the state land planning agency

21         establish a schedule for adopting and updating

22         the public school facilities element;

23         encouraging local governments to include a

24         community vision and an urban service boundary

25         component to their comprehensive plans;

26         prescribing taxing authority of local

27         governments doing so; repealing s. 163.31776,

28         F.S., relating to the public educational

29         facilities element; amending s. 163.31777,

30         F.S.; revising the requirements for the public

31         schools interlocal agreement to conform to

                                  1

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    Florida Senate - 2005                            CS for SB 360
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 1         changes made by the act; requiring the school

 2         board to provide certain information to the

 3         local government; amending s. 163.3180, F.S.;

 4         revising requirements for concurrency;

 5         providing for schools to be subject to

 6         concurrency requirements; requiring that an

 7         adequate water supply be available for new

 8         development; revising requirements for

 9         transportation facilities; requiring that

10         certain level-of-service standards established

11         by the Department of Transportation be

12         maintained; providing guidelines under which a

13         local government may grant an exception to the

14         comprehensive plan; revising criteria and

15         providing guidelines for transportation

16         concurrency exception areas; providing a

17         process to monitor de minimus impacts; revising

18         the requirements for a long-term transportation

19         concurrency management system; providing for a

20         long-term school concurrency management system;

21         requiring that school concurrency be

22         established districtwide; providing certain

23         exceptions; authorizing a local government to

24         approve a development order if the developer

25         executes a commitment to mitigate the impacts

26         on public school facilities; providing

27         requirements for such proportionate-share

28         mitigation; revising requirements for

29         interlocal agreements with respect to public

30         school facilities; providing mitigation options

31         for transportation facilities; amending s.

                                  2

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    Florida Senate - 2005                            CS for SB 360
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 1         163.3184, F.S.; prescribing authority of local

 2         governments to adopt plan amendments after

 3         adopting community vision and an urban service

 4         boundary; providing for expedited plan

 5         amendment review under certain circumstances;

 6         revising agency review and challenge timeframes

 7         for certain amendments; amending s. 163.3191,

 8         F.S.; providing additional requirements for the

 9         evaluation and assessment of the comprehensive

10         plan for counties and municipalities that do

11         not have a public schools interlocal agreement;

12         revising requirements for the evaluation and

13         appraisal report; providing time limit for

14         amendments relating to the report; amending s.

15         212.055, F.S.; revising permissible rates for

16         charter county transit system surtax; revising

17         methods for approving such a surtax; providing

18         for a noncharter county to levy this surtax

19         under certain circumstances; limiting the

20         expenditure of the proceeds to a specified area

21         under certain circumstances; revising methods

22         for approving a local government infrastructure

23         surtax; limiting the expenditure of the

24         proceeds to a specified area under certain

25         circumstances; revising a ceiling on rates of

26         small county surtaxes; revising methods for

27         approving a school capital outlay surtax;

28         amending s. 206.41, F.S.; providing for annual

29         adjustment of the ninth-cent fuel tax and local

30         option fuel tax; amending s. 336.021, F.S.;

31         revising methods for approving such a fuel tax;

                                  3

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    Florida Senate - 2005                            CS for SB 360
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 1         limiting authority of a county to impose the

 2         ninth-cent fuel tax without adopting a

 3         community vision; amending s. 336.025, F.S.;

 4         limiting authority of a county to impose the

 5         local option fuel tax without adopting a

 6         community vision; revising methods for

 7         approving such a fuel tax; amending s. 339.135,

 8         F.S., relating to tentative work programs of

 9         the Department of Transportation; conforming

10         provisions to changes made by the act;

11         requiring the Office of Program Policy Analysis

12         and Government Accountability to perform a

13         study of the boundaries of specified state

14         entities; requiring a report to the

15         Legislature; creating s. 163.3247, F.S.;

16         providing a popular name; providing legislative

17         findings and intent; creating the Century

18         Commission for certain purposes; providing for

19         appointment of commission members; providing

20         for terms; providing for meetings and votes of

21         members; requiring members to serve without

22         compensation; providing for per diem and travel

23         expenses; providing powers and duties of the

24         commission; requiring the creation of a joint

25         select committee of the Legislature; providing

26         purposes; requiring the Secretary of Community

27         Affairs to select an executive director of the

28         commission; requiring the Department of

29         Community Affairs to provide staff for the

30         commission; providing for other agency staff

31  

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    Florida Senate - 2005                            CS for SB 360
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 1         support for the commission; providing an

 2         appropriation; providing effective dates.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Subsection (32) is added to section

 7  163.3164, Florida Statutes, to read:

 8         163.3164  Local Government Comprehensive Planning and

 9  Land Development Regulation Act; definitions.--As used in this

10  act:

11         (32)  "Financial feasibility" means that sufficient

12  revenues are currently available or will be available from

13  committed funding sources available for financing capital

14  improvements, such as ad valorem taxes, bonds, state and

15  federal funds, tax revenues, and impact fees and developer

16  contributions, which are adequate to fund the projected costs

17  of the capital improvements necessary to ensure that adopted

18  level-of-service standards are achieved and maintained. The

19  revenue sources must be included in the 5-year schedule of

20  capital improvements and be available during the established

21  planning period of the comprehensive plan.

22         Section 2.  Subsections (2), (3), (6), and (12) of

23  section 163.3177, Florida Statutes, are amended, and

24  subsections (13) and (14) are added to that section, to read:

25         163.3177  Required and optional elements of

26  comprehensive plan; studies and surveys.--

27         (2)  Coordination of the several elements of the local

28  comprehensive plan shall be a major objective of the planning

29  process.  The several elements of the comprehensive plan shall

30  be consistent, and the comprehensive plan shall be financially

31  

                                  5

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    Florida Senate - 2005                            CS for SB 360
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 1  economically feasible. Financial feasibility shall be

 2  determined using professionally accepted methodologies.

 3         (3)(a)  The comprehensive plan shall contain a capital

 4  improvements element designed to consider the need for and the

 5  location of public facilities in order to encourage the

 6  efficient utilization of such facilities and set forth:

 7         1.  A component which outlines principles for

 8  construction, extension, or increase in capacity of public

 9  facilities, as well as a component which outlines principles

10  for correcting existing public facility deficiencies, which

11  are necessary to implement the comprehensive plan.  The

12  components shall cover at least a 5-year period.

13         2.  Estimated public facility costs, including a

14  delineation of when facilities will be needed, the general

15  location of the facilities, and projected revenue sources to

16  fund the facilities.

17         3.  Standards to ensure the availability of public

18  facilities and the adequacy of those facilities including

19  acceptable levels of service.

20         4.  Standards for the management of debt.

21         5.  A schedule of capital improvements which recognizes

22  and includes publicly funded projects, and which may include

23  privately funded projects for which the local government has

24  no fiscal responsibility but which are necessary to ensure

25  that adopted level-of-service standards are achieved and

26  maintained. For capital improvements that will be funded by

27  the developer, financial feasibility shall be demonstrated by

28  being guaranteed in an enforceable development agreement

29  pursuant to paragraph (10)(h) and shall be reflected in the

30  schedule of capital improvements. If the local government uses

31  planned revenue sources that require referenda or other

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    Florida Senate - 2005                            CS for SB 360
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 1  actions to secure the revenue source, the plan must, in the

 2  event the referenda are not passed or actions do not secure

 3  the planned revenue source, identify other existing revenue

 4  sources that will be used to fund the capital projects or

 5  otherwise amend the plan to ensure financial feasibility.

 6         6.  The schedule must include transportation

 7  improvements included in the applicable metropolitan planning

 8  organization's transportation improvement program adopted

 9  pursuant to s. 339.175(7) to the extent that such improvements

10  are relied upon to ensure concurrency and financial

11  feasibility. The schedule must also be consistent, to the

12  maximum extent feasible, with the applicable metropolitan

13  planning organization's long-range transportation plan adopted

14  pursuant to s. 339.175(6).

15         (b)  The capital improvements element shall be reviewed

16  on an annual basis and modified as necessary in accordance

17  with s. 163.3187 or s. 163.3189, in order to maintain a

18  financially feasible 5-year schedule of capital improvements

19  which are necessary to ensure that adopted level-of-service

20  standards are achieved and maintained except that corrections,

21  updates, and modifications concerning costs,; revenue sources,

22  or; acceptance of facilities pursuant to dedications which are

23  consistent with the plan; or the date of construction of any

24  facility enumerated in the capital improvements element may be

25  accomplished by ordinance and shall not be deemed to be

26  amendments to the local comprehensive plan. A copy of the

27  ordinance shall be transmitted to the state land planning

28  agency. An amendment to the comprehensive plan is required to

29  update the schedule on an annual basis or to eliminate, defer,

30  or delay the construction for any facility listed in the

31  5-year schedule.  All public facilities shall be consistent

                                  7

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    Florida Senate - 2005                            CS for SB 360
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 1  with the capital improvements element. Amendments to implement

 2  this section must be filed no later than December 1, 2007.

 3  Thereafter, a local government may not amend its comprehensive

 4  plan, except for plan amendments to update the schedule, plan

 5  amendments to meet new requirements under this part, and

 6  emergency amendments pursuant to s. 163.3187(1)(a), after

 7  December 1 of every year and thereafter, unless and until the

 8  local government has adopted the annual update and the annual

 9  update to the schedule of capital improvements is found in

10  compliance.

11         (c)  If the local government does not adopt the

12  required annual update to the schedule of capital improvements

13  or the annual update is found not in compliance, the state

14  land planning agency must notify the Administration

15  Commission. A local government that has a demonstrated lack of

16  commitment to meeting its obligations identified in the

17  capital improvement element may be subject to sanctions by the

18  Administration Commission pursuant to s. 163.3184(11).

19         (d)  If a local government adopts a long-term

20  concurrency management system pursuant to s. 163.3180(9), it

21  must also adopt a long-term capital improvements schedule

22  covering up to a 10-year or 15-year period, and must update

23  the long-term schedule annually. The long-term schedule of

24  capital improvements must be financially feasible and

25  consistent with other portions of the adopted local plan,

26  including the future land-use map.

27         (6)  In addition to the requirements of subsections

28  (1)-(5), the comprehensive plan shall include the following

29  elements:

30         (a)  A future land use plan element designating

31  proposed future general distribution, location, and extent of

                                  8

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    Florida Senate - 2005                            CS for SB 360
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 1  the uses of land for residential uses, commercial uses,

 2  industry, agriculture, recreation, conservation, education,

 3  public buildings and grounds, other public facilities, and

 4  other categories of the public and private uses of land.

 5  Counties are encouraged to designate rural land stewardship

 6  areas, pursuant to the provisions of paragraph (11)(d), as

 7  overlays on the future land use map. Each future land use

 8  category must be defined in terms of uses included, and must

 9  include standards to be followed in the control and

10  distribution of population densities and building and

11  structure intensities. The proposed distribution, location,

12  and extent of the various categories of land use shall be

13  shown on a land use map or map series which shall be

14  supplemented by goals, policies, and measurable objectives.

15  The future land use plan shall be based upon surveys, studies,

16  and data regarding the area, including the amount of land

17  required to accommodate anticipated growth; the projected

18  population of the area; the character of undeveloped land; the

19  availability of water supplies, public facilities, and

20  services; the need for redevelopment, including the renewal of

21  blighted areas and the elimination of nonconforming uses which

22  are inconsistent with the character of the community; the

23  compatibility of uses on lands adjacent to or closely

24  proximate to military installations; and, in rural

25  communities, the need for job creation, capital investment,

26  and economic development that will strengthen and diversify

27  the community's economy. The future land use plan may

28  designate areas for future planned development use involving

29  combinations of types of uses for which special regulations

30  may be necessary to ensure development in accord with the

31  principles and standards of the comprehensive plan and this

                                  9

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    Florida Senate - 2005                            CS for SB 360
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 1  act. The future land use plan element shall include criteria

 2  to be used to achieve the compatibility of adjacent or closely

 3  proximate lands with military installations. In addition, for

 4  rural communities, the amount of land designated for future

 5  planned industrial use shall be based upon surveys and studies

 6  that reflect the need for job creation, capital investment,

 7  and the necessity to strengthen and diversify the local

 8  economies, and shall not be limited solely by the projected

 9  population of the rural community. The future land use plan of

10  a county may also designate areas for possible future

11  municipal incorporation. The land use maps or map series shall

12  generally identify and depict historic district boundaries and

13  shall designate historically significant properties meriting

14  protection.  The future land use element must clearly identify

15  the land use categories in which public schools are an

16  allowable use.  When delineating the land use categories in

17  which public schools are an allowable use, a local government

18  shall include in the categories sufficient land proximate to

19  residential development to meet the projected needs for

20  schools in coordination with public school boards and may

21  establish differing criteria for schools of different type or

22  size.  Each local government shall include lands contiguous to

23  existing school sites, to the maximum extent possible, within

24  the land use categories in which public schools are an

25  allowable use. All comprehensive plans must comply with the

26  school siting requirements of this paragraph no later than

27  October 1, 1999. The failure by a local government to comply

28  with these school siting requirements by October 1, 1999, will

29  result in the prohibition of the local government's ability to

30  amend the local comprehensive plan, except for plan amendments

31  described in s. 163.3187(1)(b), until the school siting

                                  10

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    Florida Senate - 2005                            CS for SB 360
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 1  requirements are met. Amendments proposed by a local

 2  government for purposes of identifying the land use categories

 3  in which public schools are an allowable use or for adopting

 4  or amending the school-siting maps pursuant to s. 163.31776(3)

 5  are exempt from the limitation on the frequency of plan

 6  amendments contained in s. 163.3187. The future land use

 7  element shall include criteria that encourage the location of

 8  schools proximate to urban residential areas to the extent

 9  possible and shall require that the local government seek to

10  collocate public facilities, such as parks, libraries, and

11  community centers, with schools to the extent possible and to

12  encourage the use of elementary schools as focal points for

13  neighborhoods. For schools serving predominantly rural

14  counties, defined as a county with a population of 100,000 or

15  fewer, an agricultural land use category shall be eligible for

16  the location of public school facilities if the local

17  comprehensive plan contains school siting criteria and the

18  location is consistent with such criteria. Local governments

19  required to update or amend their comprehensive plan to

20  include criteria and address compatibility of adjacent or

21  closely proximate lands with existing military installations

22  in their future land use plan element shall transmit the

23  update or amendment to the department by June 30, 2006.

24         (b)  A traffic circulation element consisting of the

25  types, locations, and extent of existing and proposed major

26  thoroughfares and transportation routes, including bicycle and

27  pedestrian ways. Transportation corridors, as defined in s.

28  334.03, may be designated in the traffic circulation element

29  pursuant to s. 337.273.  If the transportation corridors are

30  designated, the local government may adopt a transportation

31  corridor management ordinance.

                                  11

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    Florida Senate - 2005                            CS for SB 360
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 1         (c)  A general sanitary sewer, solid waste, drainage,

 2  potable water, and natural groundwater aquifer recharge

 3  element correlated to principles and guidelines for future

 4  land use, indicating ways to provide for future potable water,

 5  drainage, sanitary sewer, solid waste, and aquifer recharge

 6  protection requirements for the area. The element may be a

 7  detailed engineering plan including a topographic map

 8  depicting areas of prime groundwater recharge. The element

 9  shall describe the problems and needs and the general

10  facilities that will be required for solution of the problems

11  and needs. The element shall also include a topographic map

12  depicting any areas adopted by a regional water management

13  district as prime groundwater recharge areas for the Floridan

14  or Biscayne aquifers, pursuant to s. 373.0395. These areas

15  shall be given special consideration when the local government

16  is engaged in zoning or considering future land use for said

17  designated areas. For areas served by septic tanks, soil

18  surveys shall be provided which indicate the suitability of

19  soils for septic tanks. By December 1, 2006, the element must

20  be consistent with consider the appropriate water management

21  district's regional water supply plan approved pursuant to s.

22  373.0361. If the local government chooses to prepare its own

23  water supply analysis, it shall submit a description of the

24  data and methodology used to generate the analysis to the

25  state land planning agency with its plan when the plan is due

26  for compliance review unless it has submitted it for advance

27  review. The state land planning agency shall evaluate the

28  application of the methodology used by a local government in

29  preparing its own water supply analysis and determine whether

30  the particular methodology is professionally accepted. If

31  advance review is requested, the state land planning agency

                                  12

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    Florida Senate - 2005                            CS for SB 360
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 1  shall provide its findings to the local government within 60

 2  days. The state land planning agency shall be guided by the

 3  applicable water management district in its review of any

 4  methodology proposed by a local government. The element must

 5  identify the water supply sources, including conservation and

 6  reuse, necessary to meet existing and projected water-use

 7  demand and must include a work plan, covering the

 8  comprehensive plan's established at least a 10-year planning

 9  period, for building public, private, and regional water

10  supply facilities, including development of alternative water

11  supplies, which that are identified in the element as

12  necessary to serve existing and new development and for which

13  the local government is responsible. The work plan shall be

14  updated, at a minimum, every 5 years within 12 months after

15  the governing board of a water management district approves an

16  updated regional water supply plan. Amendments to incorporate

17  the work plan do not count toward the limitation on the

18  frequency of adoption of amendments to the comprehensive plan.

19  Local governments, public and private utilities, regional

20  water supply authorities, and water management districts are

21  encouraged to cooperatively plan for the development of

22  multijurisdictional water supply facilities that are

23  sufficient to meet projected demands for established planning

24  periods, including the development of alternative water

25  sources to supplement traditional sources of ground and

26  surface water supplies.

27         (d)  A conservation element for the conservation, use,

28  and protection of natural resources in the area, including

29  air, water, water recharge areas, wetlands, waterwells,

30  estuarine marshes, soils, beaches, shores, flood plains,

31  rivers, bays, lakes, harbors, forests, fisheries and wildlife,

                                  13

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 1  marine habitat, minerals, and other natural and environmental

 2  resources.  Local governments shall assess their current, as

 3  well as projected, water needs and sources for at least a

 4  10-year period, considering the appropriate regional water

 5  supply plan approved pursuant to s. 373.0361, or, in the

 6  absence of an approved regional water supply plan, the

 7  district water management plan approved pursuant to s.

 8  373.036(2).  This information shall be submitted to the

 9  appropriate agencies.  The land use map or map series

10  contained in the future land use element shall generally

11  identify and depict the following:

12         1.  Existing and planned waterwells and cones of

13  influence where applicable.

14         2.  Beaches and shores, including estuarine systems.

15         3.  Rivers, bays, lakes, flood plains, and harbors.

16         4.  Wetlands.

17         5.  Minerals and soils.

18  

19  The land uses identified on such maps shall be consistent with

20  applicable state law and rules.

21         (e)  A recreation and open space element indicating a

22  comprehensive system of public and private sites for

23  recreation, including, but not limited to, natural

24  reservations, parks and playgrounds, parkways, beaches and

25  public access to beaches, open spaces, and other recreational

26  facilities.

27         (f)1.  A housing element consisting of standards,

28  plans, and principles to be followed in:

29         a.  The provision of housing for all current and

30  anticipated future residents of the jurisdiction.

31         b.  The elimination of substandard dwelling conditions.

                                  14

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 1         c.  The structural and aesthetic improvement of

 2  existing housing.

 3         d.  The provision of adequate sites for future housing,

 4  including housing for low-income, very low-income, and

 5  moderate-income families, mobile homes, and group home

 6  facilities and foster care facilities, with supporting

 7  infrastructure and public facilities.

 8         e.  Provision for relocation housing and identification

 9  of historically significant and other housing for purposes of

10  conservation, rehabilitation, or replacement.

11         f.  The formulation of housing implementation programs.

12         g.  The creation or preservation of affordable housing

13  to minimize the need for additional local services and avoid

14  the concentration of affordable housing units only in specific

15  areas of the jurisdiction.

16  

17  The goals, objectives, and policies of the housing element

18  must be based on the data and analysis prepared on housing

19  needs, including the affordable housing needs assessment.

20  State and federal housing plans prepared on behalf of the

21  local government must be consistent with the goals,

22  objectives, and policies of the housing element.  Local

23  governments are encouraged to utilize job training, job

24  creation, and economic solutions to address a portion of their

25  affordable housing concerns.

26         2.  To assist local governments in housing data

27  collection and analysis and assure uniform and consistent

28  information regarding the state's housing needs, the state

29  land planning agency shall conduct an affordable housing needs

30  assessment for all local jurisdictions on a schedule that

31  coordinates the implementation of the needs assessment with

                                  15

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 1  the evaluation and appraisal reports required by s. 163.3191.

 2  Each local government shall utilize the data and analysis from

 3  the needs assessment as one basis for the housing element of

 4  its local comprehensive plan.  The agency shall allow a local

 5  government the option to perform its own needs assessment, if

 6  it uses the methodology established by the agency by rule.

 7         (g)  For those units of local government identified in

 8  s. 380.24, a coastal management element, appropriately related

 9  to the particular requirements of paragraphs (d) and (e) and

10  meeting the requirements of s. 163.3178(2) and (3).  The

11  coastal management element shall set forth the policies that

12  shall guide the local government's decisions and program

13  implementation with respect to the following objectives:

14         1.  Maintenance, restoration, and enhancement of the

15  overall quality of the coastal zone environment, including,

16  but not limited to, its amenities and aesthetic values.

17         2.  Continued existence of viable populations of all

18  species of wildlife and marine life.

19         3.  The orderly and balanced utilization and

20  preservation, consistent with sound conservation principles,

21  of all living and nonliving coastal zone resources.

22         4.  Avoidance of irreversible and irretrievable loss of

23  coastal zone resources.

24         5.  Ecological planning principles and assumptions to

25  be used in the determination of suitability and extent of

26  permitted development.

27         6.  Proposed management and regulatory techniques.

28         7.  Limitation of public expenditures that subsidize

29  development in high-hazard coastal areas.

30         8.  Protection of human life against the effects of

31  natural disasters.

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 1         9.  The orderly development, maintenance, and use of

 2  ports identified in s. 403.021(9) to facilitate deepwater

 3  commercial navigation and other related activities.

 4         10.  Preservation, including sensitive adaptive use of

 5  historic and archaeological resources.

 6         (h)1.  An intergovernmental coordination element

 7  showing relationships and stating principles and guidelines to

 8  be used in the accomplishment of coordination of the adopted

 9  comprehensive plan with the plans of school boards and other

10  units of local government or regional water authorities

11  providing services but not having regulatory authority over

12  the use of land, with the comprehensive plans of adjacent

13  municipalities, the county, adjacent counties, or the region,

14  with the state comprehensive plan and with the applicable

15  regional water supply plan approved pursuant to s. 373.0361,

16  as the case may require and as such adopted plans or plans in

17  preparation may exist.  This element of the local

18  comprehensive plan shall demonstrate consideration of the

19  particular effects of the local plan, when adopted, upon the

20  development of adjacent municipalities, the county, adjacent

21  counties, or the region, or upon the state comprehensive plan,

22  as the case may require.

23         a.  The intergovernmental coordination element shall

24  provide for procedures to identify and implement joint

25  planning areas, especially for the purpose of annexation,

26  municipal incorporation, and joint infrastructure service

27  areas.

28         b.  The intergovernmental coordination element shall

29  provide for recognition of campus master plans prepared

30  pursuant to s. 1013.30.

31  

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 1         c.  The intergovernmental coordination element may

 2  provide for a voluntary dispute resolution process as

 3  established pursuant to s. 186.509 for bringing to closure in

 4  a timely manner intergovernmental disputes.  A local

 5  government may develop and use an alternative local dispute

 6  resolution process for this purpose.

 7         2.  The intergovernmental coordination element shall

 8  further state principles and guidelines to be used in the

 9  accomplishment of coordination of the adopted comprehensive

10  plan with the plans of school boards and other units of local

11  government providing facilities and services but not having

12  regulatory authority over the use of land.  In addition, the

13  intergovernmental coordination element shall describe joint

14  processes for collaborative planning and decisionmaking on

15  population projections and public school siting, the location

16  and extension of public facilities subject to concurrency, and

17  siting facilities with countywide significance, including

18  locally unwanted land uses whose nature and identity are

19  established in an agreement. Within 1 year of adopting their

20  intergovernmental coordination elements, each county, all the

21  municipalities within that county, the district school board,

22  and any unit of local government service providers in that

23  county shall establish by interlocal or other formal agreement

24  executed by all affected entities, the joint processes

25  described in this subparagraph consistent with their adopted

26  intergovernmental coordination elements.

27         3.  To foster coordination between special districts

28  and local general-purpose governments as local general-purpose

29  governments implement local comprehensive plans, each

30  independent special district must submit a public facilities

31  

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 1  report to the appropriate local government as required by s.

 2  189.415.

 3         4.a.  Local governments adopting a public educational

 4  facilities element pursuant to s. 163.31776 must execute an

 5  interlocal agreement with the district school board, the

 6  county, and nonexempt municipalities pursuant to s. 163.31777,

 7  as defined by s. 163.31776(1), which includes the items listed

 8  in s. 163.31777(2). The local government shall amend the

 9  intergovernmental coordination element to provide that

10  coordination between the local government and school board is

11  pursuant to the agreement and shall state the obligations of

12  the local government under the agreement.

13         b.  Plan amendments that comply with this subparagraph

14  are exempt from the provisions of s. 163.3187(1).

15         5.  The state land planning agency shall establish a

16  schedule for phased completion and transmittal of plan

17  amendments to implement subparagraphs 1., 2., and 3. from all

18  jurisdictions so as to accomplish their adoption by December

19  31, 1999.  A local government may complete and transmit its

20  plan amendments to carry out these provisions prior to the

21  scheduled date established by the state land planning agency.

22  The plan amendments are exempt from the provisions of s.

23  163.3187(1).

24         6.  By January 1, 2004, any county having a population

25  greater than 100,000, and the municipalities and special

26  districts within that county, shall submit a report to the

27  Department of Community Affairs which:

28         a.  Identifies all existing or proposed interlocal

29  service-delivery agreements regarding the following:

30  education; sanitary sewer; public safety; solid waste;

31  

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 1  drainage; potable water; parks and recreation; and

 2  transportation facilities.

 3         b.  Identifies any deficits or duplication in the

 4  provision of services within its jurisdiction, whether capital

 5  or operational. Upon request, the Department of Community

 6  Affairs shall provide technical assistance to the local

 7  governments in identifying deficits or duplication.

 8         7.  Within 6 months after submission of the report, the

 9  Department of Community Affairs shall, through the appropriate

10  regional planning council, coordinate a meeting of all local

11  governments within the regional planning area to discuss the

12  reports and potential strategies to remedy any identified

13  deficiencies or duplications.

14         8.  Each local government shall update its

15  intergovernmental coordination element based upon the findings

16  in the report submitted pursuant to subparagraph 6. The report

17  may be used as supporting data and analysis for the

18  intergovernmental coordination element.

19         9.  By February 1, 2003, representatives of

20  municipalities, counties, and special districts shall provide

21  to the Legislature recommended statutory changes for

22  annexation, including any changes that address the delivery of

23  local government services in areas planned for annexation.

24         (i)  The optional elements of the comprehensive plan in

25  paragraphs (7)(a) and (b) are required elements for those

26  municipalities having populations greater than 50,000, and

27  those counties having populations greater than 75,000, as

28  determined under s. 186.901.

29         (j)  For each unit of local government within an

30  urbanized area designated for purposes of s. 339.175, a

31  transportation element, which shall be prepared and adopted in

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 1  lieu of the requirements of paragraph (b) and paragraphs

 2  (7)(a), (b), (c), and (d) and which shall address the

 3  following issues:

 4         1.  Traffic circulation, including major thoroughfares

 5  and other routes, including bicycle and pedestrian ways.

 6         2.  All alternative modes of travel, such as public

 7  transportation, pedestrian, and bicycle travel.

 8         3.  Parking facilities.

 9         4.  Aviation, rail, seaport facilities, access to those

10  facilities, and intermodal terminals.

11         5.  The availability of facilities and services to

12  serve existing land uses and the compatibility between future

13  land use and transportation elements.

14         6.  The capability to evacuate the coastal population

15  prior to an impending natural disaster.

16         7.  Airports, projected airport and aviation

17  development, and land use compatibility around airports.

18         8.  An identification of land use densities, building

19  intensities, and transportation management programs to promote

20  public transportation systems in designated public

21  transportation corridors so as to encourage population

22  densities sufficient to support such systems.

23         9.  May include transportation corridors, as defined in

24  s. 334.03, intended for future transportation facilities

25  designated pursuant to s. 337.273. If transportation corridors

26  are designated, the local government may adopt a

27  transportation corridor management ordinance.

28         (k)  An airport master plan, and any subsequent

29  amendments to the airport master plan, prepared by a licensed

30  publicly owned and operated airport under s. 333.06 may be

31  incorporated into the local government comprehensive plan by

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 1  the local government having jurisdiction under this act for

 2  the area in which the airport or projected airport development

 3  is located by the adoption of a comprehensive plan amendment.

 4  In the amendment to the local comprehensive plan that

 5  integrates the airport master plan, the comprehensive plan

 6  amendment shall address land use compatibility consistent with

 7  chapter 333 regarding airport zoning; the provision of

 8  regional transportation facilities for the efficient use and

 9  operation of the transportation system and airport;

10  consistency with the local government transportation

11  circulation element and applicable metropolitan planning

12  organization long-range transportation plans; and the

13  execution of any necessary interlocal agreements for the

14  purposes of the provision of public facilities and services to

15  maintain the adopted level of service standards for facilities

16  subject to concurrency; and may address airport-related or

17  aviation-related development. Development or expansion of an

18  airport consistent with the adopted airport master plan that

19  has been incorporated into the local comprehensive plan in

20  compliance with this part, and airport-related or

21  aviation-related development that has been addressed in the

22  comprehensive plan amendment that incorporates the airport

23  master plan, shall not be a development of regional impact.

24  Notwithstanding any other general law, an airport that has

25  received a development-of-regional-impact development order

26  pursuant to s. 380.06, but which is no longer required to

27  undergo development-of-regional-impact review pursuant to this

28  subsection, may abandon its development-of-regional-impact

29  order upon written notification to the applicable local

30  government. Upon receipt by the local government, the

31  development-of-regional-impact development order is void.

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 1         (12)  A public school facilities element adopted to

 2  implement a school concurrency program shall meet the

 3  requirements of this subsection.

 4         (a)  In order to enact a public school facilities

 5  element, the county and each municipality must adopt a

 6  consistent public school facilities element and enter the

 7  interlocal agreement pursuant to s. 163.31777. The state land

 8  planning agency may provide a waiver to a county and to the

 9  municipalities within the county if the utilization rate for

10  all schools within the district is less than 100 percent and

11  the projected 5-year capital outlay full-time equivalent

12  student growth rate is less than 10 percent. The state land

13  planning agency may, at its discretion, allow for a single

14  school to exceed the 100-percent limitation if it can be

15  demonstrated that the utilization rate for that single school

16  is not greater than 105 percent and there is no projected

17  growth in the capital outlay full-time equivalent student

18  population over the next 5 years. A municipality in a

19  nonexempt county is exempt if the municipality meets all of

20  the following criteria for having no significant impact on

21  school attendance:

22         1.  The municipality has issued development orders for

23  fewer than 50 residential dwelling units during the preceding

24  5 years, or the municipality has generated fewer than 25

25  additional public school students during the preceding 5

26  years.

27         2.  The municipality has not annexed new land during

28  the preceding 5 years in land use categories that permit

29  residential uses that will affect school attendance rates.

30         3.  The municipality has no public schools located

31  within its boundaries.

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 1         4.  At least 80 percent of the developable land within

 2  the boundaries of the municipality has been built upon.

 3         (b)(a)  A public school facilities element shall be

 4  based upon data and analyses that address, among other items,

 5  how level-of-service standards will be achieved and

 6  maintained. Such data and analyses must include, at a minimum,

 7  such items as: the interlocal agreement adopted pursuant to s.

 8  163.31777 and the 5-year school district facilities work

 9  program adopted pursuant to s. 1013.35; the educational plant

10  survey prepared pursuant to s. 1013.31 and an existing

11  educational and ancillary plant map or map series; information

12  on existing development and development anticipated for the

13  next 5 years and the long-term planning period; an analysis of

14  problems and opportunities for existing schools and schools

15  anticipated in the future; an analysis of opportunities to

16  collocate future schools with other public facilities such as

17  parks, libraries, and community centers; an analysis of the

18  need for supporting public facilities for existing and future

19  schools; an analysis of opportunities to locate schools to

20  serve as community focal points; projected future population

21  and associated demographics, including development patterns

22  year by year for the upcoming 5-year and long-term planning

23  periods; and anticipated educational and ancillary plants with

24  land area requirements.

25         (c)(b)  The element shall contain one or more goals

26  which establish the long-term end toward which public school

27  programs and activities are ultimately directed.

28         (d)(c)  The element shall contain one or more

29  objectives for each goal, setting specific, measurable,

30  intermediate ends that are achievable and mark progress toward

31  the goal.

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 1         (e)(d)  The element shall contain one or more policies

 2  for each objective which establish the way in which programs

 3  and activities will be conducted to achieve an identified

 4  goal.

 5         (f)(e)  The objectives and policies shall address items

 6  such as:

 7         1.  The procedure for an annual update process;

 8         2.  The procedure for school site selection;

 9         3.  The procedure for school permitting;

10         4.  Provision of supporting infrastructure necessary to

11  support proposed schools, including potable water, wastewater,

12  drainage, solid waste, transportation, and means by which to

13  assure safe access to schools, including sidewalks, bicycle

14  paths, turn lanes, and signalization;

15         5.  Provision of colocation of other public facilities,

16  such as parks, libraries, and community centers, in proximity

17  to public schools;

18         6.  Provision of location of schools proximate to

19  residential areas and to complement patterns of development,

20  including the location of future school sites so they serve as

21  community focal points;

22         7.  Measures to ensure compatibility of school sites

23  and surrounding land uses;

24         8.  Coordination with adjacent local governments and

25  the school district on emergency preparedness issues,

26  including the use of public schools to serve as emergency

27  shelters; and

28         9.  Coordination with the future land use element.

29         (g)(f)  The element shall include one or more future

30  conditions maps which depict the anticipated location of

31  educational and ancillary plants, including the general

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 1  location of improvements to existing schools or new schools

 2  anticipated over the 5-year, or long-term planning period. The

 3  maps will of necessity be general for the long-term planning

 4  period and more specific for the 5-year period. Maps

 5  indicating general locations of future schools or school

 6  improvements may not prescribe a land use on a particular

 7  parcel of land.

 8         (h)  The state land planning agency shall establish a

 9  phased schedule for adoption of the public school facilities

10  element and the required updates to the public schools

11  interlocal agreement pursuant to s. 163.31777. The schedule

12  shall provide for each county and local government within the

13  county to adopt the element and update to the agreement no

14  later than December 1, 2008. Plan amendments to adopt a public

15  school facilities element are exempt from the provisions of s.

16  163.3187(1).

17         (13)  Local governments are encouraged to develop a

18  community vision that provides for sustainable growth,

19  recognizes its fiscal constraints, and protects its natural

20  resources. At the request of a local government, the

21  applicable regional planning council shall provide assistance

22  in the development of a community vision.

23         (a)  As part of the process of developing a community

24  vision under this section, the local government must hold two

25  public meetings with at least one of those meetings before the

26  land planning agency. Before those public hearings, the local

27  government must hold at least one public workshop with

28  stakeholder groups such as neighborhood associations,

29  community organizations, businesses, property owners, housing

30  and development interests, and environmental organizations.

31  

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 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  

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 1         4.  Designation of an urban service boundary pursuant

 2  to subsection (2); and

 3         5.  Strategies to provide mobility within the community

 4  and to protect the Strategic Intermodal System, including the

 5  development of a transportation corridor management plan under

 6  s. 337.273.

 7         (d)  The community vision must reflect the community's

 8  shared concept for growth and development of the community,

 9  including visual representations depicting the desired

10  land-use patterns and character of the community during a

11  10-year planning timeframe.

12         (e)  After the workshops and public hearings required

13  under paragraph (a) are held, the local government may amend

14  its comprehensive plan to include the community vision as an

15  element in the plan. The plan amendment must be adopted at a

16  meeting of the governing body other than those required under

17  paragraph (a). This plan amendment must be consistent with

18  this part.

19         (f)  Amendments submitted under this subsection are

20  exempt from the limitation on the frequency of plan amendments

21  in s. 163.3187.

22         (g)  A county that has adopted a community vision may

23  levy a 1-cent, 2-cent, 3-cent, 4-cent, or 5-cent local option

24  fuel tax by a majority vote of its governing body in

25  accordance with s. 336.025(1)(b).

26         (h)  A county that has adopted a community vision may

27  levy the ninth-cent fuel tax by a majority vote of its

28  governing body in accordance with s. 336.021(1)(a).

29         (14)  Local governments are also encouraged to

30  designate an urban service boundary. This area must be

31  appropriate for compact, contiguous urban development within a

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 1  10-year planning timeframe. The urban service area boundary

 2  must be identified on the future land use map or map series.

 3  The local government shall demonstrate that the land included

 4  within the urban service boundary is served or is planned to

 5  be served with adequate public facilities and services based

 6  on the local government's adopted level-of-service standards

 7  by adopting a 10-year facilities plan in the capital

 8  improvements element which is financially feasible within the

 9  10-year planning timeframe. The local government shall

10  demonstrate that the amount of land within the urban service

11  boundary does not exceed the amount of land needed to

12  accommodate the projected population growth at densities

13  consistent with the adopted comprehensive plan within the

14  10-year planning timeframe.

15         (a)  As part of the process of establishing an urban

16  service boundary, the local government must hold two public

17  meetings with at least one of those meetings before the land

18  planning agency. Before those public hearings, the local

19  government must hold at least one public workshop with

20  stakeholder groups such as neighborhood associations,

21  community organizations, businesses, property owners, housing

22  and development interests, and environmental organizations.

23         (b)1.  After the workshops and public hearings required

24  under paragraph (a) are held, the local government may amend

25  its comprehensive plan to include the urban service boundary.

26  The plan amendment must be adopted at a meeting of the

27  governing body other than those required under paragraph (a).

28  This plan amendment must be consistent with this part.

29         2.  This subsection does not prohibit new development

30  outside an urban service boundary. However, a local government

31  that establishes an urban service boundary under this

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 1  subsection is encouraged to require a full-cost accounting

 2  analysis for any new development outside the boundary and to

 3  consider the results of that analysis when adopting a plan

 4  amendment for property outside the established urban service

 5  boundary.

 6         (c)  Amendments submitted under this subsection are

 7  exempt from the limitation on the frequency of plan amendments

 8  in s. 163.3187.

 9         (d)  A county that has adopted a community vision under

10  subsection (13) and an urban service boundary under this

11  subsection as part of its comprehensive plan may levy the

12  charter county transit system surtax by a majority vote of the

13  governing body in accordance with s. 212.055(1).

14         (e)  A county that has adopted a community vision under

15  subsection (13) and an urban service boundary under this

16  subsection may levy the local government infrastructure surtax

17  by a majority vote of its governing body in accordance with s.

18  212.055(2).

19         (f)  A small county that has adopted a community vision

20  under subsection (13) and an urban service boundary under this

21  subsection may levy the local government infrastructure surtax

22  in accordance with s. 212.055(2) and the small county surtax

23  in accordance with s. 212.055(3) by a majority vote of its

24  governing body for a combined rate of up to 2 percent.

25         Section 3.  Section 163.31776, Florida Statutes, is

26  repealed.

27         Section 4.  Section 163.31777, Florida Statutes, is

28  amended to read:

29         163.31777  Public schools interlocal agreement.--

30         (1)(a)  The county and municipalities located within

31  the geographic area of a school district shall enter into an

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 1  interlocal agreement with the district school board which

 2  jointly establishes the specific ways in which the plans and

 3  processes of the district school board and the local

 4  governments are to be coordinated. The interlocal agreements

 5  shall be submitted to the state land planning agency and the

 6  Office of Educational Facilities and the SMART Schools

 7  Clearinghouse in accordance with a schedule published by the

 8  state land planning agency.

 9         (b)  The schedule must establish staggered due dates

10  for submission of interlocal agreements that are executed by

11  both the local government and the district school board,

12  commencing on March 1, 2003, and concluding by December 1,

13  2004, and must set the same date for all governmental entities

14  within a school district. However, if the county where the

15  school district is located contains more than 20

16  municipalities, the state land planning agency may establish

17  staggered due dates for the submission of interlocal

18  agreements by these municipalities. The schedule must begin

19  with those areas where both the number of districtwide

20  capital-outlay full-time-equivalent students equals 80 percent

21  or more of the current year's school capacity and the

22  projected 5-year student growth is 1,000 or greater, or where

23  the projected 5-year student growth rate is 10 percent or

24  greater.

25         (c)  If the student population has declined over the

26  5-year period preceding the due date for submittal of an

27  interlocal agreement by the local government and the district

28  school board, the local government and the district school

29  board may petition the state land planning agency for a waiver

30  of one or more requirements of subsection (2). The waiver must

31  be granted if the procedures called for in subsection (2) are

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 1  unnecessary because of the school district's declining school

 2  age population, considering the district's 5-year facilities

 3  work program prepared pursuant to s. 1013.35. The state land

 4  planning agency may modify or revoke the waiver upon a finding

 5  that the conditions upon which the waiver was granted no

 6  longer exist. The district school board and local governments

 7  must submit an interlocal agreement within 1 year after

 8  notification by the state land planning agency that the

 9  conditions for a waiver no longer exist.

10         (d)  Interlocal agreements between local governments

11  and district school boards adopted pursuant to s. 163.3177

12  before the effective date of this section must be updated and

13  executed pursuant to the requirements of this section, if

14  necessary. Amendments to interlocal agreements adopted

15  pursuant to this section must be submitted to the state land

16  planning agency within 30 days after execution by the parties

17  for review consistent with this section. Local governments and

18  the district school board in each school district are

19  encouraged to adopt a single interlocal agreement to which all

20  join as parties. The state land planning agency shall assemble

21  and make available model interlocal agreements meeting the

22  requirements of this section and notify local governments and,

23  jointly with the Department of Education, the district school

24  boards of the requirements of this section, the dates for

25  compliance, and the sanctions for noncompliance. The state

26  land planning agency shall be available to informally review

27  proposed interlocal agreements. If the state land planning

28  agency has not received a proposed interlocal agreement for

29  informal review, the state land planning agency shall, at

30  least 60 days before the deadline for submission of the

31  executed agreement, renotify the local government and the

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 1  district school board of the upcoming deadline and the

 2  potential for sanctions.

 3         (2)  At a minimum, the interlocal agreement must

 4  address interlocal-agreement requirements in s.

 5  163.3180(13)(g), except for exempt local governments as

 6  provided in s. 163.3177(12), and must address the following

 7  issues:

 8         (a)  A process by which each local government and the

 9  district school board agree and base their plans on consistent

10  projections of the amount, type, and distribution of

11  population growth and student enrollment. The geographic

12  distribution of jurisdiction-wide growth forecasts is a major

13  objective of the process.

14         (b)  A process to coordinate and share information

15  relating to existing and planned public school facilities,

16  including school renovations and closures, and local

17  government plans for development and redevelopment.

18         (c)  Participation by affected local governments with

19  the district school board in the process of evaluating

20  potential school closures, significant renovations to existing

21  schools, and new school site selection before land

22  acquisition. Local governments shall advise the district

23  school board as to the consistency of the proposed closure,

24  renovation, or new site with the local comprehensive plan,

25  including appropriate circumstances and criteria under which a

26  district school board may request an amendment to the

27  comprehensive plan for school siting.

28         (d)  A process for determining the need for and timing

29  of onsite and offsite improvements to support new, proposed

30  expansion, or redevelopment of existing schools. The process

31  

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 1  must address identification of the party or parties

 2  responsible for the improvements.

 3         (e)  A process for the school board to inform the local

 4  government regarding the effect of comprehensive plan

 5  amendments on school capacity. The capacity reporting must be

 6  consistent with laws and rules relating to measurement of

 7  school facility capacity and must also identify how the

 8  district school board will meet the public school demand based

 9  on the facilities work program adopted pursuant to s. 1013.35.

10         (f)  Participation of the local governments in the

11  preparation of the annual update to the district school

12  board's 5-year district facilities work program and

13  educational plant survey prepared pursuant to s. 1013.35.

14         (g)  A process for determining where and how joint use

15  of either school board or local government facilities can be

16  shared for mutual benefit and efficiency.

17         (h)  A procedure for the resolution of disputes between

18  the district school board and local governments, which may

19  include the dispute resolution processes contained in chapters

20  164 and 186.

21         (i)  An oversight process, including an opportunity for

22  public participation, for the implementation of the interlocal

23  agreement.

24  

25  A signatory to the interlocal agreement may elect not to

26  include a provision meeting the requirements of paragraph (e);

27  however, such a decision may be made only after a public

28  hearing on such election, which may include the public hearing

29  in which a district school board or a local government adopts

30  the interlocal agreement. An interlocal agreement entered into

31  pursuant to this section must be consistent with the adopted

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 1  comprehensive plan and land development regulations of any

 2  local government that is a signatory.

 3         (3)(a)  The Office of Educational Facilities and SMART

 4  Schools Clearinghouse shall submit any comments or concerns

 5  regarding the executed interlocal agreement to the state land

 6  planning agency within 30 days after receipt of the executed

 7  interlocal agreement. The state land planning agency shall

 8  review the executed interlocal agreement to determine whether

 9  it is consistent with the requirements of subsection (2), the

10  adopted local government comprehensive plan, and other

11  requirements of law. Within 60 days after receipt of an

12  executed interlocal agreement, the state land planning agency

13  shall publish a notice of intent in the Florida Administrative

14  Weekly and shall post a copy of the notice on the agency's

15  Internet site. The notice of intent must state whether the

16  interlocal agreement is consistent or inconsistent with the

17  requirements of subsection (2) and this subsection, as

18  appropriate.

19         (b)  The state land planning agency's notice is subject

20  to challenge under chapter 120; however, an affected person,

21  as defined in s. 163.3184(1)(a), has standing to initiate the

22  administrative proceeding, and this proceeding is the sole

23  means available to challenge the consistency of an interlocal

24  agreement required by this section with the criteria contained

25  in subsection (2) and this subsection. In order to have

26  standing, each person must have submitted oral or written

27  comments, recommendations, or objections to the local

28  government or the school board before the adoption of the

29  interlocal agreement by the school board and local government.

30  The district school board and local governments are parties to

31  any such proceeding. In this proceeding, when the state land

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 1  planning agency finds the interlocal agreement to be

 2  consistent with the criteria in subsection (2) and this

 3  subsection, the interlocal agreement shall be determined to be

 4  consistent with subsection (2) and this subsection if the

 5  local government's and school board's determination of

 6  consistency is fairly debatable. When the state planning

 7  agency finds the interlocal agreement to be inconsistent with

 8  the requirements of subsection (2) and this subsection, the

 9  local government's and school board's determination of

10  consistency shall be sustained unless it is shown by a

11  preponderance of the evidence that the interlocal agreement is

12  inconsistent.

13         (c)  If the state land planning agency enters a final

14  order that finds that the interlocal agreement is inconsistent

15  with the requirements of subsection (2) or this subsection, it

16  shall forward it to the Administration Commission, which may

17  impose sanctions against the local government pursuant to s.

18  163.3184(11) and may impose sanctions against the district

19  school board by directing the Department of Education to

20  withhold from the district school board an equivalent amount

21  of funds for school construction available pursuant to ss.

22  1013.65, 1013.68, 1013.70, and 1013.72.

23         (4)  If an executed interlocal agreement is not timely

24  submitted to the state land planning agency for review, the

25  state land planning agency shall, within 15 working days after

26  the deadline for submittal, issue to the local government and

27  the district school board a Notice to Show Cause why sanctions

28  should not be imposed for failure to submit an executed

29  interlocal agreement by the deadline established by the

30  agency. The agency shall forward the notice and the responses

31  to the Administration Commission, which may enter a final

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 1  order citing the failure to comply and imposing sanctions

 2  against the local government and district school board by

 3  directing the appropriate agencies to withhold at least 5

 4  percent of state funds pursuant to s. 163.3184(11) and by

 5  directing the Department of Education to withhold from the

 6  district school board at least 5 percent of funds for school

 7  construction available pursuant to ss. 1013.65, 1013.68,

 8  1013.70, and 1013.72.

 9         (5)  Any local government transmitting a public school

10  element to implement school concurrency pursuant to the

11  requirements of s. 163.3180 before the effective date of this

12  section is not required to amend the element or any interlocal

13  agreement to conform with the provisions of this section if

14  the element is adopted prior to or within 1 year after the

15  effective date of this section and remains in effect.

16         (6)  Except as provided in subsection (7),

17  municipalities meeting the exemption criteria in s.

18  163.3177(12) having no established need for a new school

19  facility and meeting the following criteria are exempt from

20  the requirements of subsections (1), (2), and (3).:

21         (a)  The municipality has no public schools located

22  within its boundaries.

23         (b)  The district school board's 5-year facilities work

24  program and the long-term 10-year and 20-year work programs,

25  as provided in s. 1013.35, demonstrate that no new school

26  facility is needed in the municipality. In addition, the

27  district school board must verify in writing that no new

28  school facility will be needed in the municipality within the

29  5-year and 10-year timeframes.

30         (7)  At the time of the evaluation and appraisal

31  report, each exempt municipality shall assess the extent to

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 1  which it continues to meet the criteria for exemption under s.

 2  163.3177(12) subsection (6). If the municipality continues to

 3  meet these criteria and the district school board verifies in

 4  writing that no new school facilities will be needed within

 5  the 5-year and 10-year timeframes, the municipality shall

 6  continue to be exempt from the interlocal-agreement

 7  requirement. Each municipality exempt under s. 163.3177(12)

 8  subsection (6) must comply with the provisions of this section

 9  within 1 year after the district school board proposes, in its

10  5-year district facilities work program, a new school within

11  the municipality's jurisdiction.

12         Section 5.  Section 163.3180, Florida Statutes, is

13  amended to read:

14         163.3180  Concurrency.--

15         (1)(a)  Sanitary sewer, solid waste, drainage, potable

16  water, parks and recreation, schools, and transportation

17  facilities, including mass transit, where applicable, are the

18  only public facilities and services subject to the concurrency

19  requirement on a statewide basis. Additional public facilities

20  and services may not be made subject to concurrency on a

21  statewide basis without appropriate study and approval by the

22  Legislature; however, any local government may extend the

23  concurrency requirement so that it applies to additional

24  public facilities within its jurisdiction.

25         (b)  Local governments shall use professionally

26  accepted techniques for measuring level of service for

27  automobiles, bicycles, pedestrians, transit, and trucks.

28  These techniques may be used to evaluate increased

29  accessibility by multiple modes and reductions in vehicle

30  miles of travel in an area or zone.  The Department of

31  Transportation shall develop methodologies to assist local

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 1  governments in implementing this multimodal level-of-service

 2  analysis. The Department of Community Affairs and the

 3  Department of Transportation shall provide technical

 4  assistance to local governments in applying these

 5  methodologies.

 6         (2)(a)  Consistent with public health and safety,

 7  sanitary sewer, solid waste, drainage, adequate water

 8  supplies, and potable water facilities shall be in place and

 9  available to serve new development no later than the issuance

10  by the local government's approval to commence construction

11  government of a certificate of occupancy or its functional

12  equivalent.

13         (b)  Consistent with the public welfare, and except as

14  otherwise provided in this section, parks and recreation

15  facilities to serve new development shall be in place or under

16  actual construction no later than 1 year after issuance by the

17  local government of a certificate of occupancy or its

18  functional equivalent.  However, the acreage for such

19  facilities shall be dedicated or be acquired by the local

20  government prior to issuance by the local government of a

21  certificate of occupancy or its functional equivalent, or

22  funds in the amount of the developer's fair share shall be

23  committed no later than prior to issuance by the local

24  government's approval to commence construction government of a

25  certificate of occupancy or its functional equivalent.

26         (c)  Consistent with the public welfare, and except as

27  otherwise provided in this section, transportation facilities

28  designated as part of the Florida Intrastate Highway System

29  needed to serve new development shall be in place when the

30  local government approves the commencement of construction of

31  each stage or phase of the development, or the facility must

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 1  be or under actual construction within 3 not more than 5 years

 2  after the date of the local government's approval to commence

 3  construction of each stage or phase of the development.

 4  issuance by the local government of a certificate of occupancy

 5  or its functional equivalent. Other transportation facilities

 6  needed to serve new development shall be in place or under

 7  actual construction no more than 3 years after issuance by the

 8  local government of a certificate of occupancy or its

 9  functional equivalent.

10         (3)  Governmental entities that are not responsible for

11  providing, financing, operating, or regulating public

12  facilities needed to serve development may not establish

13  binding level-of-service standards on governmental entities

14  that do bear those responsibilities.  This subsection does not

15  limit the authority of any agency to recommend or make

16  objections, recommendations, comments, or determinations

17  during reviews conducted under s. 163.3184.

18         (4)(a)  The concurrency requirement as implemented in

19  local comprehensive plans applies to state and other public

20  facilities and development to the same extent that it applies

21  to all other facilities and development, as provided by law.

22         (b)  The concurrency requirement as implemented in

23  local comprehensive plans does not apply to public transit

24  facilities.  For the purposes of this paragraph, public

25  transit facilities include transit stations and terminals,

26  transit station parking, park-and-ride lots, intermodal public

27  transit connection or transfer facilities, and fixed bus,

28  guideway, and rail stations. As used in this paragraph, the

29  terms "terminals" and "transit facilities" do not include

30  airports or seaports or commercial or residential development

31  constructed in conjunction with a public transit facility.

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 1         (c)  The concurrency requirement, except as it relates

 2  to transportation facilities, as implemented in local

 3  government comprehensive plans, may be waived by a local

 4  government for urban infill and redevelopment areas designated

 5  pursuant to s. 163.2517 if such a waiver does not endanger

 6  public health or safety as defined by the local government in

 7  its local government comprehensive plan.  The waiver shall be

 8  adopted as a plan amendment pursuant to the process set forth

 9  in s. 163.3187(3)(a).  A local government may grant a

10  concurrency exception pursuant to subsection (5) for

11  transportation facilities located within these urban infill

12  and redevelopment areas. Within the designated urban infill

13  and redevelopment areas, the adopted level-of-service

14  standards established by the Department of Transportation for

15  Strategic Intermodal System facilities, as defined in s.

16  339.64, must be maintained unless a variance pursuant to s.

17  120.542 has been issued.

18         (5)(a)  The Legislature finds that under limited

19  circumstances dealing with transportation facilities,

20  countervailing planning and public policy goals may come into

21  conflict with the requirement that adequate public facilities

22  and services be available concurrent with the impacts of such

23  development.  The Legislature further finds that often the

24  unintended result of the concurrency requirement for

25  transportation facilities is the discouragement of urban

26  infill development and redevelopment.  Such unintended results

27  directly conflict with the goals and policies of the state

28  comprehensive plan and the intent of this part.  Therefore,

29  exceptions from the concurrency requirement for transportation

30  facilities may be granted as provided by this subsection.

31  

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 1         (b)  A local government may grant an exception from the

 2  concurrency requirement for transportation facilities if the

 3  proposed development is otherwise consistent with the adopted

 4  local government comprehensive plan and is a project that

 5  promotes public transportation or is located within an area

 6  designated in the comprehensive plan for:

 7         1.  Urban infill development,

 8         2.  Urban redevelopment,

 9         3.  Downtown revitalization, or

10         4.  Urban infill and redevelopment under s. 163.2517.

11         (c)  The Legislature also finds that developments

12  located within urban infill, urban redevelopment, existing

13  urban service, or downtown revitalization areas or areas

14  designated as urban infill and redevelopment areas under s.

15  163.2517 which pose only special part-time demands on the

16  transportation system should be excepted from the concurrency

17  requirement for transportation facilities.  A special

18  part-time demand is one that does not have more than 200

19  scheduled events during any calendar year and does not affect

20  the 100 highest traffic volume hours.

21         (d)  A local government shall establish guidelines for

22  granting the exceptions authorized in paragraphs (b) and (c)

23  in the comprehensive plan. These guidelines must be consistent

24  with and support a comprehensive strategy outlined within

25  applicable chapters of the plan which are intended to promote

26  the purpose of the exception as specified in paragraphs (4)(c)

27  and paragraphs (a)-(c). These guidelines, at a minimum, must

28  address strategies to support and fund alternative modes of

29  transportation to provide for mobility and other measures,

30  such as proportionate-share mitigation or corridor management

31  plans pursuant to s. 337.273, to ensure adequate

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 1  level-of-service standards for facilities within the

 2  designated concurrency exception area. In addition, the

 3  guidelines must address urban design; appropriate land use

 4  mixes, including intensity and density; and network

 5  connectivity plans needed to promote urban infill,

 6  redevelopment, or downtown revitalization. Designation of the

 7  concurrency exception area shall be accompanied by data and

 8  analysis justifying the size of the area and demonstrating how

 9  subsequent policies will be implemented over a 5-year

10  timeframe. Within the designated concurrency exception area,

11  the adopted level-of-service standards established by the

12  Department of Transportation for Strategic Intermodal System

13  facilities, as defined in s. 339.64, must be maintained unless

14  a variance pursuant to s. 120.542 has been issued must include

15  consideration of the impacts on the Florida Intrastate Highway

16  System, as defined in s. 338.001.  The exceptions may be

17  available only within the specific geographic area of the

18  jurisdiction designated in the plan.  Pursuant to s. 163.3184,

19  any affected person may challenge a plan amendment

20  establishing these guidelines and the areas within which an

21  exception could be granted.

22         (e)  Each concurrency-exception area shall meet, at a

23  minimum, the guidelines included in paragraph (d) at the time

24  of its adoption, or the update of the evaluation and appraisal

25  report, whichever occurs first.

26         (6)  The Legislature finds that a de minimis impact is

27  consistent with this part. A de minimis impact is an impact

28  that would not affect more than 1 percent of the maximum

29  volume at the adopted level of service of the affected

30  transportation facility as determined by the local government.

31  No impact will be de minimis if the sum of existing roadway

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 1  volumes and the projected volumes from approved projects on a

 2  transportation facility would exceed 110 percent of the

 3  maximum volume at the adopted level of service of the affected

 4  transportation facility; provided however, that an impact of a

 5  single family home on an existing lot will constitute a de

 6  minimis impact on all roadways regardless of the level of the

 7  deficiency of the roadway. Local governments are encouraged to

 8  adopt methodologies to encourage de minimis impacts on

 9  transportation facilities within an existing urban service

10  area. Further, no impact will be de minimis if it would exceed

11  the adopted level-of-service standard of any affected

12  designated hurricane evacuation routes. Each local government

13  shall maintain sufficient records to ensure that the

14  110-percent criteria is not exceeded. Each local government

15  shall submit annually, with its updated capital improvements

16  element, a summary of the de minimus records. If the

17  department determines that the 110-percent criteria has been

18  exceeded, the department shall notify the local government of

19  the exceedance and that no further de-minimus exceptions for

20  the applicable roadway may be granted until such time as the

21  volume is reduced below the 110 percent. The local government

22  shall provide proof of this reduction to the department before

23  issuing further de-minimus exceptions.

24         (7)  In order to promote infill development and

25  redevelopment, one or more transportation concurrency

26  management areas may be designated in a local government

27  comprehensive plan. A transportation concurrency management

28  area must be a compact geographic area with an existing

29  network of roads where multiple, viable alternative travel

30  paths or modes are available for common trips.  A local

31  government may establish an areawide level-of-service standard

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 1  for such a transportation concurrency management area based

 2  upon an analysis that provides for a justification for the

 3  areawide level of service, how urban infill development or

 4  redevelopment will be promoted, and how mobility will be

 5  accomplished within the transportation concurrency management

 6  area. Within the designated transportation concurrency

 7  exception area, the adopted level-of-service standards

 8  established by the Department of Transportation for Strategic

 9  Intermodal System facilities, as defined in s. 339.64, must be

10  maintained unless a variance pursuant to s. 120.542 has been

11  issued. The state land planning agency shall amend chapter

12  9J-5, Florida Administrative Code, to be consistent with this

13  subsection.

14         (8)  When assessing the transportation impacts of

15  proposed urban redevelopment within an established existing

16  urban service area, 110 percent of the actual transportation

17  impact caused by the previously existing development must be

18  reserved for the redevelopment, even if the previously

19  existing development has a lesser or nonexisting impact

20  pursuant to the calculations of the local government.

21  Redevelopment requiring less than 110 percent of the

22  previously existing capacity shall not be prohibited due to

23  the reduction of transportation levels of service below the

24  adopted standards. This does not preclude the appropriate

25  assessment of fees or accounting for the impacts within the

26  concurrency management system and capital improvements program

27  of the affected local government.  This paragraph does not

28  affect local government requirements for appropriate

29  development permits.

30         (9)(a)  Each local government may adopt as a part of

31  its plan, a long-term transportation and school concurrency

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 1  management systems system with a planning period of up to 10

 2  years for specially designated districts or areas where

 3  significant backlogs exist. The plan may include interim

 4  level-of-service standards on certain facilities and shall may

 5  rely on the local government's schedule of capital

 6  improvements for up to 10 years as a basis for issuing

 7  development orders that authorize commencement of construction

 8  permits in these designated districts or areas. The

 9  concurrency management system. It must be designed to correct

10  existing deficiencies and set priorities for addressing

11  backlogged facilities. The concurrency management system It

12  must be financially feasible and consistent with other

13  portions of the adopted local plan, including the future land

14  use map.

15         (b)  If a local government has a transportation or

16  school facility backlog for existing development which cannot

17  be adequately addressed in a 10-year plan, the state land

18  planning agency may allow it to develop a plan and long-term

19  schedule of capital improvements covering of up to 15 years

20  for good and sufficient cause, based on a general comparison

21  between that local government and all other similarly situated

22  local jurisdictions, using the following factors:

23         1.  The extent of the backlog.

24         2.  For roads, whether the backlog is on local or state

25  roads.

26         3.  The cost of eliminating the backlog.

27         4.  The local government's tax and other

28  revenue-raising efforts.

29         (c)  The local government may issue approvals to

30  commence construction notwithstanding s. 163.3180, consistent

31  

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 1  with and in areas that are subject to a long-term concurrency

 2  management system.

 3         (d)  If the local government adopts a long-term

 4  concurrency management system, it must evaluate the system

 5  periodically. At a minimum, the local government must assess

 6  its progress toward improving levels of service within the

 7  long-term concurrency management district or area in the

 8  evaluation and appraisal report and determine any changes that

 9  are necessary to accelerate progress in meeting acceptable

10  levels of service.

11         (10)  With regard to roadway facilities on the

12  Strategic Intermodal Florida Intrastate Highway System as

13  defined in s. 338.001, with concurrence from the Department of

14  Transportation, the level-of-service standard for general

15  lanes in urbanized areas, as defined in s. 334.03(36), may be

16  established by the local government in the comprehensive plan.

17  For all other facilities on the Florida Intrastate Highway

18  System, local governments shall adopt the level-of-service

19  standard established by the Department of Transportation by

20  rule.  For all other roads on the State Highway System, local

21  governments shall establish an adequate level-of-service

22  standard that need not be consistent with any level-of-service

23  standard established by the Department of Transportation. In

24  establishing adequate level-of-service standards for any

25  arterial roads or collector roads, as appropriate, which

26  traverse multiple jurisdictions, local governments shall

27  consider compatibility with the roadway facility's adopted

28  level-of-service standards in adjacent jurisdictions. Each

29  local government within a county shall use a common and

30  professionally accepted methodology for measuring impacts on

31  transportation facilities for the purposes of implementing its

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 1  concurrency management system. Counties are encouraged to

 2  coordinate with adjacent counties for the purpose of using

 3  common methodologies for implementing their concurrency

 4  management systems.

 5         (11)  In order to limit the liability of local

 6  governments, a local government may allow a landowner to

 7  proceed with development of a specific parcel of land

 8  notwithstanding a failure of the development to satisfy

 9  transportation concurrency, when all the following factors are

10  shown to exist:

11         (a)  The local government with jurisdiction over the

12  property has adopted a local comprehensive plan that is in

13  compliance.

14         (b)  The proposed development would be consistent with

15  the future land use designation for the specific property and

16  with pertinent portions of the adopted local plan, as

17  determined by the local government.

18         (c)  The local plan includes a financially feasible

19  capital improvements element that provides for transportation

20  facilities adequate to serve the proposed development, and the

21  local government has not implemented that element.

22         (d)  The local government has provided a means by which

23  the landowner will be assessed a fair share of the cost of

24  providing the transportation facilities necessary to serve the

25  proposed development.

26         (e)  The landowner has made a binding commitment to the

27  local government to pay the fair share of the cost of

28  providing the transportation facilities to serve the proposed

29  development.

30         (12)  When authorized by a local comprehensive plan, a

31  multiuse development of regional impact may satisfy the

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 1  transportation concurrency requirements of the local

 2  comprehensive plan, the local government's concurrency

 3  management system, and s. 380.06 by payment of a

 4  proportionate-share contribution for local and regionally

 5  significant traffic impacts, if:

 6         (a)  The development of regional impact meets or

 7  exceeds the guidelines and standards of s. 380.0651(3)(i) and

 8  rule 28-24.032(2), Florida Administrative Code, and includes a

 9  residential component that contains at least 100 residential

10  dwelling units or 15 percent of the applicable residential

11  guideline and standard, whichever is greater;

12         (b)  The development of regional impact contains an

13  integrated mix of land uses and is designed to encourage

14  pedestrian or other nonautomotive modes of transportation;

15         (c)  The proportionate-share contribution for local and

16  regionally significant traffic impacts is sufficient to pay

17  for one or more required improvements that will benefit a

18  regionally significant transportation facility;

19         (d)  The owner and developer of the development of

20  regional impact pays or assures payment of the

21  proportionate-share contribution; and

22         (e)  If the regionally significant transportation

23  facility to be constructed or improved is under the

24  maintenance authority of a governmental entity, as defined by

25  s. 334.03(12), other than the local government with

26  jurisdiction over the development of regional impact, the

27  developer is required to enter into a binding and legally

28  enforceable commitment to transfer funds to the governmental

29  entity having maintenance authority or to otherwise assure

30  construction or improvement of the facility.

31  

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 1  The proportionate-share contribution may be applied to any

 2  transportation facility to satisfy the provisions of this

 3  subsection and the local comprehensive plan, but, for the

 4  purposes of this subsection, the amount of the

 5  proportionate-share contribution shall be calculated based

 6  upon the cumulative number of trips from the proposed

 7  development expected to reach roadways during the peak hour

 8  from the complete buildout of a stage or phase being approved,

 9  divided by the change in the peak hour maximum service volume

10  of roadways resulting from construction of an improvement

11  necessary to maintain the adopted level of service, multiplied

12  by the construction cost, at the time of developer payment, of

13  the improvement necessary to maintain the adopted level of

14  service. For purposes of this subsection, "construction cost"

15  includes all associated costs of the improvement.

16         (13)  School concurrency, if imposed by local option,

17  shall be established on a districtwide basis and shall include

18  all public schools in the district and all portions of the

19  district, whether located in a municipality or an

20  unincorporated area unless exempt from the public school

21  facilities element pursuant to s. 163.3177(12). The

22  development of school concurrency shall be accomplished

23  through a coordinated process including the local school

24  district, local government, and the local planning agency. The

25  application of school concurrency to development shall be

26  based upon the adopted comprehensive plan, as amended. All

27  local governments within a county, except as provided in

28  paragraph (f), shall adopt and transmit to the state land

29  planning agency the necessary plan amendments, along with the

30  interlocal agreement, for a compliance review pursuant to s.

31  163.3184(7) and (8). School concurrency shall not become

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 1  effective in a county until all local governments, except as

 2  provided in paragraph (f), have adopted the necessary plan

 3  amendments, which together with the interlocal agreement, are

 4  determined to be in compliance with the requirements of this

 5  part. The minimum requirements for school concurrency are the

 6  following:

 7         (a)  Public school facilities element.--A local

 8  government shall adopt and transmit to the state land planning

 9  agency a plan or plan amendment which includes a public school

10  facilities element which is consistent with the requirements

11  of s. 163.3177(12) and which is determined to be in compliance

12  as defined in s. 163.3184(1)(b).  All local government public

13  school facilities plan elements within a county must be

14  consistent with each other as well as the requirements of this

15  part.

16         (b)  Level-of-service standards.--The Legislature

17  recognizes that an essential requirement for a concurrency

18  management system is the level of service at which a public

19  facility is expected to operate.

20         1.  Local governments and school boards imposing school

21  concurrency shall exercise authority in conjunction with each

22  other to establish jointly adequate level-of-service

23  standards, as defined in chapter 9J-5, Florida Administrative

24  Code, necessary to implement the adopted local government

25  comprehensive plan, based on data and analysis.

26         2.  Public school level-of-service standards shall be

27  included and adopted into the capital improvements element of

28  the local comprehensive plan and shall apply districtwide to

29  all schools of the same type. Types of schools may include

30  elementary, middle, and high schools as well as special

31  purpose facilities such as magnet schools.

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 1         3.  Local governments and school boards shall have the

 2  option to utilize tiered level-of-service standards to allow

 3  time to achieve an adequate and desirable level of service as

 4  circumstances warrant.

 5         (c)  Service areas.--The Legislature recognizes that an

 6  essential requirement for a concurrency system is a

 7  designation of the area within which the level of service will

 8  be measured when an application for a residential development

 9  permit is reviewed for school concurrency purposes. This

10  delineation is also important for purposes of determining

11  whether the local government has a financially feasible public

12  school capital facilities program that will provide schools

13  which will achieve and maintain the adopted level-of-service

14  standards.

15         1.  In order to balance competing interests, preserve

16  the constitutional concept of uniformity, and avoid disruption

17  of existing educational and growth management processes, local

18  governments are encouraged to initially apply school

19  concurrency to development only on a districtwide basis so

20  that a concurrency determination for a specific development

21  will be based upon the availability of school capacity

22  districtwide. To ensure that development is coordinated with

23  schools having available capacity, within 5 years after

24  adoption of school concurrency, local governments shall apply

25  school concurrency on a less than districtwide basis, such as

26  using school attendance zones or concurrency service areas, as

27  provided in subparagraph 2.

28         2.  For local governments applying school concurrency

29  on a less than districtwide basis, such as utilizing school

30  attendance zones or larger school concurrency service areas,

31  local governments and school boards shall have the burden to

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 1  demonstrate that the utilization of school capacity is

 2  maximized to the greatest extent possible in the comprehensive

 3  plan and amendment, taking into account transportation costs

 4  and court-approved desegregation plans, as well as other

 5  factors. In addition, in order to achieve concurrency within

 6  the service area boundaries selected by local governments and

 7  school boards, the service area boundaries, together with the

 8  standards for establishing those boundaries, shall be

 9  identified and, included as supporting data and analysis for,

10  and adopted as part of the comprehensive plan. Any subsequent

11  change to the service area boundaries for purposes of a school

12  concurrency system shall be by plan amendment and shall be

13  exempt from the limitation on the frequency of plan amendments

14  in s. 163.3187(1).

15         3.  Where school capacity is available on a

16  districtwide basis but school concurrency is applied on a less

17  than districtwide basis in the form of concurrency service

18  areas, if the adopted level-of-service standard cannot be met

19  in a particular service area as applied to an application for

20  a development permit through mitigation or other measures and

21  if the needed capacity for the particular service area is

22  available in one or more contiguous service areas, as adopted

23  by the local government, then the development order may not

24  shall be denied on the basis of school concurrency, and if

25  issued, development impacts shall be shifted to contiguous

26  service areas with schools having available capacity and

27  mitigation measures shall not be exacted.

28         (d)  Financial feasibility.--The Legislature recognizes

29  that financial feasibility is an important issue because the

30  premise of concurrency is that the public facilities will be

31  provided in order to achieve and maintain the adopted

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 1  level-of-service standard. This part and chapter 9J-5, Florida

 2  Administrative Code, contain specific standards to determine

 3  the financial feasibility of capital programs. These standards

 4  were adopted to make concurrency more predictable and local

 5  governments more accountable.

 6         1.  A comprehensive plan amendment seeking to impose

 7  school concurrency shall contain appropriate amendments to the

 8  capital improvements element of the comprehensive plan,

 9  consistent with the requirements of s. 163.3177(3) and rule

10  9J-5.016, Florida Administrative Code. The capital

11  improvements element shall set forth a financially feasible

12  public school capital facilities program, established in

13  conjunction with the school board, that demonstrates that the

14  adopted level-of-service standards will be achieved and

15  maintained.

16         2.  Such amendments shall demonstrate that the public

17  school capital facilities program meets all of the financial

18  feasibility standards of this part and chapter 9J-5, Florida

19  Administrative Code, that apply to capital programs which

20  provide the basis for mandatory concurrency on other public

21  facilities and services.

22         3.  When the financial feasibility of a public school

23  capital facilities program is evaluated by the state land

24  planning agency for purposes of a compliance determination,

25  the evaluation shall be based upon the service areas selected

26  by the local governments and school board.

27         (e)  Availability standard.--Consistent with the public

28  welfare, a local government may not deny a development order

29  or its functional equivalent permit authorizing residential

30  development for failure to achieve and maintain the

31  level-of-service standard for public school capacity in a

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 1  local option school concurrency system where adequate school

 2  facilities will be in place or under actual construction

 3  within 3 years after permit issuance of subdivision or site

 4  plan approval, or its functional equivalent. However, the

 5  development order may be approved if the developer executes a

 6  legally binding commitment to provide mitigation proportionate

 7  to the demand for public school facilities to be created by

 8  actual development of the property, including, but not limited

 9  to, the options described in subparagraph 1. Options for

10  proportionate-share mitigation of impacts on public school

11  facilities shall be established in the public school

12  facilities element and the interlocal agreement pursuant to s.

13  163.31777.

14         1.  Appropriate mitigation options include the

15  contribution of land; the construction, expansion, or payment

16  for land acquistion or construction of a public school

17  facility; or the creation of mitigation banking based on the

18  construction of a public school facility in exchange for the

19  right to sell capacity credits. Such options must include

20  execution by the applicant and the local government of a

21  binding development agreement pursuant to ss.

22  163.3220-163.3243 which constitutes a legally binding

23  commitment to pay proportionate-share mitigation for the

24  additional residential units approved by the local government

25  in a development order and actually developed on the property,

26  taking into account residential density allowed on the

27  property prior to the plan amendment that increased overall

28  residential density. The district school board shall be a

29  party to such an agreement. As a condition of its entry into

30  such a development agreement, the local government may require

31  

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 1  the landowner to agree to continuing renewal of the agreement

 2  upon its expiration.

 3         2.  If the education facilities plan and the public

 4  educational facilities element authorize a contribution of

 5  land; the construction, expansion, or payment for land

 6  acquistion; or the construction or expansion of a public

 7  school facility, or a portion thereof, as proportionate-share

 8  mitigation, the local government shall credit such a

 9  contribution, construction, expansion, or payment toward any

10  other impact fee or exaction imposed by local ordinance for

11  the same need, on a dollar-for-dollar basis at fair market

12  value.

13         3.  Any proportionate-share mitigation must be directed

14  by the school board toward a school capacity improvement that

15  is identified in the financially feasible 5-year district work

16  plan and that will be provided in accordance with a binding

17  developer's agreement.

18         (f)  Intergovernmental coordination.--

19         1.  When establishing concurrency requirements for

20  public schools, a local government shall satisfy the

21  requirements for intergovernmental coordination set forth in

22  s. 163.3177(6)(h)1. and 2., except that a municipality is not

23  required to be a signatory to the interlocal agreement

24  required by ss. s. 163.3177(6)(h)2. and 163.31777(6), as a

25  prerequisite for imposition of school concurrency, and as a

26  nonsignatory, shall not participate in the adopted local

27  school concurrency system, if the municipality meets all of

28  the following criteria for having no significant impact on

29  school attendance:

30         a.  The municipality has issued development orders for

31  fewer than 50 residential dwelling units during the preceding

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 1  5 years, or the municipality has generated fewer than 25

 2  additional public school students during the preceding 5

 3  years.

 4         b.  The municipality has not annexed new land during

 5  the preceding 5 years in land use categories which permit

 6  residential uses that will affect school attendance rates.

 7         c.  The municipality has no public schools located

 8  within its boundaries.

 9         d.  At least 80 percent of the developable land within

10  the boundaries of the municipality has been built upon.

11         2.  A municipality which qualifies as having no

12  significant impact on school attendance pursuant to the

13  criteria of subparagraph 1. must review and determine at the

14  time of its evaluation and appraisal report pursuant to s.

15  163.3191 whether it continues to meet the criteria pursuant to

16  s. 163.31777(6).  If the municipality determines that it no

17  longer meets the criteria, it must adopt appropriate school

18  concurrency goals, objectives, and policies in its plan

19  amendments based on the evaluation and appraisal report, and

20  enter into the existing interlocal agreement required by ss.

21  s. 163.3177(6)(h)2. and 163.31777, in order to fully

22  participate in the school concurrency system.  If such a

23  municipality fails to do so, it will be subject to the

24  enforcement provisions of s. 163.3191.

25         (g)  Interlocal agreement for school concurrency.--When

26  establishing concurrency requirements for public schools, a

27  local government must enter into an interlocal agreement that

28  which satisfies the requirements in ss. s. 163.3177(6)(h)1.

29  and 2. and 163.31777 and the requirements of this subsection.

30  The interlocal agreement shall acknowledge both the school

31  board's constitutional and statutory obligations to provide a

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 1  uniform system of free public schools on a countywide basis,

 2  and the land use authority of local governments, including

 3  their authority to approve or deny comprehensive plan

 4  amendments and development orders.  The interlocal agreement

 5  shall be submitted to the state land planning agency by the

 6  local government as a part of the compliance review, along

 7  with the other necessary amendments to the comprehensive plan

 8  required by this part.  In addition to the requirements of ss.

 9  s. 163.3177(6)(h) and 163.31777, the interlocal agreement

10  shall meet the following requirements:

11         1.  Establish the mechanisms for coordinating the

12  development, adoption, and amendment of each local

13  government's public school facilities element with each other

14  and the plans of the school board to ensure a uniform

15  districtwide school concurrency system.

16         2.  Establish a process by which each local government

17  and the school board shall agree and base their plans on

18  consistent projections of the amount, type, and distribution

19  of population growth and coordinate and share information

20  relating to existing and planned public school facilities

21  projections and proposals for development and redevelopment,

22  and infrastructure required to support public school

23  facilities.

24         2.3.  Establish a process for the development of siting

25  criteria which encourages the location of public schools

26  proximate to urban residential areas to the extent possible

27  and seeks to collocate schools with other public facilities

28  such as parks, libraries, and community centers to the extent

29  possible.

30  

31  

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 1         3.4.  Specify uniform, districtwide level-of-service

 2  standards for public schools of the same type and the process

 3  for modifying the adopted levels-of-service standards.

 4         4.5.  Establish a process for the preparation,

 5  amendment, and joint approval by each local government and the

 6  school board of a public school capital facilities program

 7  which is financially feasible, and a process and schedule for

 8  incorporation of the public school capital facilities program

 9  into the local government comprehensive plans on an annual

10  basis.

11         5.6.  Define the geographic application of school

12  concurrency.  If school concurrency is to be applied on a less

13  than districtwide basis in the form of concurrency service

14  areas, the agreement shall establish criteria and standards

15  for the establishment and modification of school concurrency

16  service areas.  The agreement shall also establish a process

17  and schedule for the mandatory incorporation of the school

18  concurrency service areas and the criteria and standards for

19  establishment of the service areas into the local government

20  comprehensive plans.  The agreement shall ensure maximum

21  utilization of school capacity, taking into account

22  transportation costs and court-approved desegregation plans,

23  as well as other factors.  The agreement shall also ensure the

24  achievement and maintenance of the adopted level-of-service

25  standards for the geographic area of application throughout

26  the 5 years covered by the public school capital facilities

27  plan and thereafter by adding a new fifth year during the

28  annual update.

29         6.7.  Establish a uniform districtwide procedure for

30  implementing school concurrency which provides for:

31  

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 1         a.  The evaluation of development applications for

 2  compliance with school concurrency requirements, including

 3  information provided by the school board on affected schools,

 4  impact on levels of service, and programmed improvements for

 5  affected schools;

 6         b.  An opportunity for the school board to review and

 7  comment on the effect of comprehensive plan amendments and

 8  rezonings on the public school facilities plan; and

 9         c.  The monitoring and evaluation of the school

10  concurrency system.

11         7.8.  Include provisions relating to termination,

12  suspension, and amendment of the agreement. The agreement

13  shall provide that if the agreement is terminated or

14  suspended, the application of school concurrency shall be

15  terminated or suspended.

16         8.  A process and uniform methodology for determining

17  proportionate-share mitigation pursuant to subparagraph (e)1.

18         (14)  The state land planning agency shall, by October

19  1, 1998, adopt by rule minimum criteria for the review and

20  determination of compliance of a public school facilities

21  element adopted by a local government for purposes of

22  imposition of school concurrency.

23         (15)(a)  Multimodal transportation districts may be

24  established under a local government comprehensive plan in

25  areas delineated on the future land use map for which the

26  local comprehensive plan assigns secondary priority to vehicle

27  mobility and primary priority to assuring a safe, comfortable,

28  and attractive pedestrian environment, with convenient

29  interconnection to transit. Such districts must incorporate

30  community design features that will reduce the number of

31  

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 1  automobile trips or vehicle miles of travel and will support

 2  an integrated, multimodal transportation system.

 3         (b)  Community design elements of such a district

 4  include: a complementary mix and range of land uses, including

 5  educational, recreational, and cultural uses; interconnected

 6  networks of streets designed to encourage walking and

 7  bicycling, with traffic-calming where desirable; appropriate

 8  densities and intensities of use within walking distance of

 9  transit stops; daily activities within walking distance of

10  residences, allowing independence to persons who do not drive;

11  public uses, streets, and squares that are safe, comfortable,

12  and attractive for the pedestrian, with adjoining buildings

13  open to the street and with parking not interfering with

14  pedestrian, transit, automobile, and truck travel modes.

15         (c)  Local governments may establish multimodal

16  level-of-service standards that rely primarily on nonvehicular

17  modes of transportation within the district, when justified by

18  an analysis demonstrating that the existing and planned

19  community design will provide an adequate level of mobility

20  within the district based upon professionally accepted

21  multimodal level-of-service methodologies. Within the

22  multimodal transportation district, the adopted level of

23  service standards established by the Department of

24  Transportation for Strategic Intermodal System facilities, as

25  defined in s. 339.64, must be maintained unless a variance

26  pursuant to s. 120.542 has been issued. The analysis must take

27  into consideration the impact on the Florida Intrastate

28  Highway System.  The analysis must also demonstrate that the

29  capital improvements required to promote community design are

30  financially feasible over the development or redevelopment

31  timeframe for the district and that community design features

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 1  within the district provide convenient interconnection for a

 2  multimodal transportation system.  Local governments may issue

 3  development permits in reliance upon all planned community

 4  design capital improvements that are financially feasible over

 5  the development or redevelopment timeframe for the district,

 6  without regard to the period of time between development or

 7  redevelopment and the scheduled construction of the capital

 8  improvements.  A determination of financial feasibility shall

 9  be based upon currently available funding or funding sources

10  that could reasonably be expected to become available over the

11  planning period.

12         (d)  Local governments may reduce impact fees or local

13  access fees for development within multimodal transportation

14  districts based on the reduction of vehicle trips per

15  household or vehicle miles of travel expected from the

16  development pattern planned for the district.

17         (16)(a)  The Legislature finds that mitigation for the

18  impact of development on transportation facilities may be more

19  effectively achieved by mitigation planning on a

20  corridor-level basis rather than on a project-by-project

21  basis. It is the intent of the Legislature to provide an

22  optional method by which the impacts of development on

23  transportation facilities can be mitigated by the cooperative

24  efforts of the public and private sectors.

25         (b)  The Department of Transportation, in consultation

26  with the state land planning agency and local governments,

27  shall develop a process and uniform methodology for

28  determining proportionate-share mitigation for development

29  impacts on transportation corridors that traverse one or more

30  political subdivisions.

31  

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 1         (c)  When authorized in a local government

 2  comprehensive plan, local governments may create mitigation

 3  banks for designated transportation corridors to satisfy the

 4  concurrency provisions of this section, using the process and

 5  methodology developed in accordance with paragraph (b).

 6  Mitigation bank contributions may only be used for projects

 7  within the designated transportation corridors. Transportation

 8  corridors shall be designated in the transportation and

 9  traffic circulation element of the applicable local government

10  comprehensive plan.

11         (d)  Any mitigation contributions must be directed by

12  the local government toward a transportation capacity

13  improvement within the designated transportation corridor

14  which is identified in the applicable local government's

15  transportation or traffic circulation element. Mitigation

16  contributions shall be used to satisfy the transportation

17  concurrency requirements of this section and may be applied as

18  a credit against impact fees. Mitigation for development

19  impacts to facilities on the State Highway System made

20  pursuant to this subsection shall require the concurrence of

21  the Department of Transportation.

22         (e)  Options for mitigation made pursuant to this

23  subsection shall be established in the transportation element

24  or traffic circulation element. Appropriate transportation

25  mitigation contributions may include public or private funds;

26  the contribution of right-of-way; the construction of a

27  transportation facility, or payment for the right-of-way or

28  construction of a transportation facility or service; or the

29  provision of transit service. Such options shall include

30  execution of an enforceable development agreement for projects

31  to be funded by a developer.

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 1         Section 6.  Subsection (17) is added to section

 2  163.3184, Florida Statutes, to read:

 3         163.3184  Process for adoption of comprehensive plan or

 4  plan amendment.--

 5         (17)  Notwithstanding subsection (6), a local

 6  government that has adopted a community vision and urban

 7  service boundary under s. 163.31773 may adopt a plan amendment

 8  related solely to property within an urban service boundary

 9  before transmittal of the plan amendment to the state land

10  planning agency. A plan amendment submitted under this

11  subsection is limited to a map amendment and may not involve a

12  text change to the goals, policies, or objectives of the local

13  government's comprehensive plan. The local government must

14  transmit the plan amendment to the state land planning agency

15  immediately after the governing body adopts the amendment.

16         (a)  An affected person as defined in paragraph (1)(a)

17  retains the ability to challenge the plan amendment under the

18  terms of this section.

19         (b)  A petitioner may file a petition under subsections

20  (8), (9), and (10) within 60 days after the adoption of the

21  plan amendment.

22         (c)  The state land planning agency may issue written

23  comments relating to the consistency of the amendment with the

24  applicable comprehensive plan and this part within 45 days

25  after receipt of the plan amendment. If the agency comments on

26  the plan amendment, those comments shall be posted on the

27  agency's website, with a hard copy provided upon request.

28         (d)  Amendments submitted under this subsection are

29  exempt from the limitation on the frequency of plan amendments

30  in s. 163.3187.

31  

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 1         Section 7.  Subsections (2) and (10) of section

 2  163.3191, Florida Statutes, are amended to read:

 3         163.3191  Evaluation and appraisal of comprehensive

 4  plan.--

 5         (2)  The report shall present an evaluation and

 6  assessment of the comprehensive plan and shall contain

 7  appropriate statements to update the comprehensive plan,

 8  including, but not limited to, words, maps, illustrations, or

 9  other media, related to:

10         (a)  Population growth and changes in land area,

11  including annexation, since the adoption of the original plan

12  or the most recent update amendments.

13         (b)  The extent of vacant and developable land.

14         (c)  The financial feasibility of implementing the

15  comprehensive plan and of providing needed infrastructure to

16  achieve and maintain adopted level-of-service standards and

17  sustain concurrency management systems through the capital

18  improvements element, as well as the ability to address

19  infrastructure backlogs and meet the demands of growth on

20  public services and facilities.

21         (d)  The location of existing development in relation

22  to the location of development as anticipated in the original

23  plan, or in the plan as amended by the most recent evaluation

24  and appraisal report update amendments, such as within areas

25  designated for urban growth.

26         (e)  An identification of the major issues for the

27  jurisdiction and, where pertinent, the potential social,

28  economic, and environmental impacts.

29         (f)  Relevant changes to the state comprehensive plan,

30  the requirements of this part, the minimum criteria contained

31  in chapter 9J-5, Florida Administrative Code, and the

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 1  appropriate strategic regional policy plan since the adoption

 2  of the original plan or the most recent evaluation and

 3  appraisal report update amendments.

 4         (g)  An assessment of whether the plan objectives

 5  within each element, as they relate to major issues, have been

 6  achieved.  The report shall include, as appropriate, an

 7  identification as to whether unforeseen or unanticipated

 8  changes in circumstances have resulted in problems or

 9  opportunities with respect to major issues identified in each

10  element and the social, economic, and environmental impacts of

11  the issue.

12         (h)  A brief assessment of successes and shortcomings

13  related to each element of the plan.

14         (i)  The identification of any actions or corrective

15  measures, including whether plan amendments are anticipated to

16  address the major issues identified and analyzed in the

17  report.  Such identification shall include, as appropriate,

18  new population projections, new revised planning timeframes, a

19  revised future conditions map or map series, an updated

20  capital improvements element, and any new and revised goals,

21  objectives, and policies for major issues identified within

22  each element.  This paragraph shall not require the submittal

23  of the plan amendments with the evaluation and appraisal

24  report.

25         (j)  A summary of the public participation program and

26  activities undertaken by the local government in preparing the

27  report.

28         (k)  The coordination of the comprehensive plan with

29  existing public schools and those identified in the applicable

30  educational facilities plan adopted pursuant to s. 1013.35.

31  The assessment shall address, where relevant, the success or

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 1  failure of the coordination of the future land use map and

 2  associated planned residential development with public schools

 3  and their capacities, as well as the joint decisionmaking

 4  processes engaged in by the local government and the school

 5  board in regard to establishing appropriate population

 6  projections and the planning and siting of public school

 7  facilities. For those counties or municipalities that do not

 8  have a public schools interlocal agreement or public school

 9  facility element, the assessment shall determine whether the

10  local government continues to meet the criteria of s.

11  163.3177(12). If the county or municipality determines that it

12  no longer meets the criteria, it must adopt appropriate school

13  concurrency goals, objectives, and policies in its plan

14  amendments pursuant to the requirements of the public school

15  facility element, and enter into the existing interlocal

16  agreement required by ss. 163.3177(6)(h)2. and 163.31777 in

17  order to fully participate in the school concurrency system.

18  If the issues are not relevant, the local government shall

19  demonstrate that they are not relevant.

20         (l)  The report must evaluate whether the local

21  government has been successful in identifying water supply

22  sources, including conservation and reuse, necessary to meet

23  existing and projected water use demand for the comprehensive

24  plan's established planning period. The water supply sources

25  evaluated in the report must be consistent with evaluation

26  must consider the appropriate water management district's

27  regional water supply plan approved pursuant to s. 373.0361.

28  The report must evaluate the degree to which the local

29  government has implemented the work plan for water supply

30  facilities included in the potable water element. The potable

31  water element must be revised to include a work plan, covering

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 1  at least a 10-year planning period, for building any water

 2  supply facilities that are identified in the element as

 3  necessary to serve existing and new development and for which

 4  the local government is responsible.

 5         (m)  If any of the jurisdiction of the local government

 6  is located within the coastal high-hazard area, an evaluation

 7  of whether any past reduction in land use density impairs the

 8  property rights of current residents when redevelopment

 9  occurs, including, but not limited to, redevelopment following

10  a natural disaster. The property rights of current residents

11  shall be balanced with public safety considerations. The local

12  government must identify strategies to address redevelopment

13  feasibility and the property rights of affected residents.

14  These strategies may include the authorization of

15  redevelopment up to the actual built density in existence on

16  the property prior to the natural disaster or redevelopment.

17         (n)  An assessment of whether the criteria adopted

18  pursuant to s. 163.3177(6)(a) were successful in achieving

19  compatibility with military installations.

20         (10)  The governing body shall amend its comprehensive

21  plan based on the recommendations in the report and shall

22  update the comprehensive plan based on the components of

23  subsection (2), pursuant to the provisions of ss. 163.3184,

24  163.3187, and 163.3189.  Amendments to update a comprehensive

25  plan based on the evaluation and appraisal report shall be

26  adopted during a single amendment cycle within 18 months after

27  the report is determined to be sufficient by the state land

28  planning agency, except the state land planning agency may

29  grant an extension for adoption of a portion of such

30  amendments.  The state land planning agency may grant a

31  6-month extension for the adoption of such amendments if the

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 1  request is justified by good and sufficient cause as

 2  determined by the agency.  An additional extension may also be

 3  granted if the request will result in greater coordination

 4  between transportation and land use, for the purposes of

 5  improving Florida's transportation system, as determined by

 6  the agency in coordination with the Metropolitan Planning

 7  Organization program.  Failure to timely adopt update

 8  amendments to the comprehensive plan based on the evaluation

 9  and appraisal report shall result in a local government being

10  prohibited from adopting amendments to the comprehensive plan

11  until the evaluation and appraisal report update amendments

12  have been adopted and found in compliance by the state land

13  planning agency. The prohibition on plan amendments shall

14  commence when the update amendments to the comprehensive plan

15  are past due. The comprehensive plan as amended shall be in

16  compliance as defined in s. 163.3184(1)(b). Within 6 months

17  after the effective date of the update amendments to the

18  comprehensive plan, the local government shall provide to the

19  state land planning agency and to all agencies designated by

20  rule a complete copy of the updated comprehensive plan.

21         Section 8.  Effective January 1, 2006, subsections (1),

22  (2), (3), and (6) of section 212.055, Florida Statutes, are

23  amended to read:

24         212.055  Discretionary sales surtaxes; legislative

25  intent; authorization and use of proceeds.--It is the

26  legislative intent that any authorization for imposition of a

27  discretionary sales surtax shall be published in the Florida

28  Statutes as a subsection of this section, irrespective of the

29  duration of the levy.  Each enactment shall specify the types

30  of counties authorized to levy; the rate or rates which may be

31  imposed; the maximum length of time the surtax may be imposed,

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 1  if any; the procedure which must be followed to secure voter

 2  approval, if required; the purpose for which the proceeds may

 3  be expended; and such other requirements as the Legislature

 4  may provide.  Taxable transactions and administrative

 5  procedures shall be as provided in s. 212.054.

 6         (1)  CHARTER COUNTY TRANSIT SYSTEM SURTAX.--

 7         (a)1.  Each charter county which adopted a charter

 8  prior to January 1, 1984, and each county the government of

 9  which is consolidated with that of one or more municipalities,

10  may levy a discretionary sales surtax, subject to approval by

11  a majority vote of the electorate of the county, a majority

12  vote of the governing body, or by a charter amendment approved

13  by a majority vote of the electorate of the county.

14         2.  Notwithstanding paragraphs (e) and (f), if a

15  noncharter county or a charter county has updated its capital

16  improvement element no earlier than 2005 and if its

17  comprehensive plan has been determined to be in compliance,

18  the noncharter county or charter county may levy a

19  discretionary sales surtax pursuant to this subsection by

20  majority vote of the membership of its governing body or

21  subject to a referendum. The proceeds of the surtax may be

22  used by the county to fund regionally-significant

23  transportation projects identified in the regional

24  transportation plan developed in accordance with an interlocal

25  agreement entered into pursuant to s. 163.01, subject to the

26  provisions of subparagraph (d)5. Surtaxes imposed by majority

27  vote must be used to supplement, not supplant, existing

28  infrastructure funding. A charter county may levy a surtax

29  under both this subparagraph and subparagraph 1.

30         (b)  The rate shall be 0.5 percent or up to 1 percent.

31  

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 1         (c)  The proposal to adopt a discretionary sales surtax

 2  as provided in this subsection and to create a trust fund

 3  within the county accounts shall be placed on the ballot in

 4  accordance with law at a time to be set at the discretion of

 5  the governing body.

 6         (d)  Proceeds from the surtax shall be applied to as

 7  many or as few of the uses enumerated below in whatever

 8  combination the county commission deems appropriate:

 9         1.  Deposited by the county in the trust fund and shall

10  be used for the purposes of development, construction,

11  equipment, maintenance, operation, supportive services,

12  including a countywide bus system, and related costs of a

13  fixed guideway rapid transit system;

14         2.  Remitted by the governing body of the county to an

15  expressway or transportation authority created by law to be

16  used, at the discretion of such authority, for the

17  development, construction, operation, or maintenance of roads

18  or bridges in the county, for the operation and maintenance of

19  a bus system, for the payment of principal and interest on

20  existing bonds issued for the construction of such roads or

21  bridges, and, upon approval by the county commission, such

22  proceeds may be pledged for bonds issued to refinance existing

23  bonds or new bonds issued for the construction of such roads

24  or bridges;

25         3.  Used by the charter county for the development,

26  construction, operation, and maintenance of roads and bridges

27  in the county; for the expansion, operation, and maintenance

28  of bus and fixed guideway systems; and for the payment of

29  principal and interest on bonds issued for the construction of

30  fixed guideway rapid transit systems, bus systems, roads, or

31  bridges; and such proceeds may be pledged by the governing

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 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 bridges

 4  and no more than 25 percent used for nontransit uses; and

 5         4.  Used by the charter county for the planning,

 6  development, construction, operation, and maintenance of roads

 7  and bridges in the county; for the planning, development,

 8  expansion, operation, and maintenance of bus and fixed

 9  guideway systems; and for the payment of principal and

10  interest on bonds issued for the construction of fixed

11  guideway rapid transit systems, bus systems, roads, or

12  bridges; and such proceeds may be pledged by the governing

13  body of the county for bonds issued to refinance existing

14  bonds or new bonds issued for the construction of such fixed

15  guideway rapid transit systems, bus systems, roads, or

16  bridges. Pursuant to an interlocal agreement entered into

17  pursuant to chapter 163, the governing body of the charter

18  county may distribute proceeds from the tax to a municipality,

19  or an expressway or transportation authority created by law to

20  be expended for the purpose authorized by this paragraph. If

21  imposed by a majority vote of the governing body and there is

22  no interlocal agreement with a municipality, distribution of

23  the surtax proceeds from subparagraphs 1., 2., and 3. and this

24  subparagraph shall be according to the formula provided in s.

25  218.62.

26         5.  Used by the county to fund regionally-significant

27  transportation projects identified in a regional

28  transportation plan developed in accordance with an interlocal

29  agreement entered into pursuant to s. 163.01 by two or more

30  contiguous metropolitan planning organizations; one or more

31  metropolitan planning organizations and one or more contiguous

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 1  counties that are not members of a metropolitan planning

 2  organization; a multicounty regional transportation authority

 3  created by or pursuant to law; two or more contiguous

 4  counties; or metropolitan planning organizations comprised of

 5  three or more counties. Projects to be funded shall be in

 6  compliance with part II of chapter 163 after the effective

 7  date of this act or to implement a long-term concurrency

 8  management system adopted by a local government in accordance

 9  with s. 163.3177(3) or (9).

10         (e)  Surtaxes imposed by majority vote must be used to

11  supplement, not supplant, existing infrastructure funding. In

12  order to impose the surtax by a majority vote of the governing

13  body, the county must go through the following process:

14         1.  An advisory board must be created to make

15  recommendations to the board of county commissioners regarding

16  infrastructure projects to address the needs of the community.

17  The governing body of the county shall appoint members to the

18  advisory board who represent the diversity of the community

19  and shall include individuals having an interest in business,

20  finance and accounting, economic development, the environment,

21  transportation, municipal government, education, and public

22  safety and growth management professionals. Based on the

23  estimated amount of the surtax collections, the advisory board

24  must conduct at least two public workshops to develop a

25  project list. Priority shall be given to projects that address

26  existing infrastructure deficits identified in a long-term

27  concurrency management system adopted by a local government in

28  accordance with s. 163.3177(3) or (9) or identified in the

29  capital improvements element. A quorum shall consist of a

30  majority of the advisory board members and is necessary to

31  take any action regarding recommendations to the governing

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 1  board of the local government. The board of county

 2  commissioners shall provide staff support to the advisory

 3  board. All advisory board meetings are open to the public, and

 4  minutes of the meetings shall be available to the public.

 5         2.  After the advisory board submits the project list

 6  to the board of county commissioners, it may be amended by the

 7  board of county commissioners. A public notice must be given

 8  of the intent to add additional projects or remove projects

 9  recommended by the advisory board.  Actions to amend the

10  project list may be taken at the noticed public hearing. Once

11  amended, the list may not be approved at the same meeting at

12  which it was amended. Notice of the intent to adopt the

13  project list must be given and the list must be approved at a

14  subsequent public meeting that may not be held sooner than 14

15  days after the meeting at which the project list was amended.

16         3.  If the board of county commissioners does not amend

17  the recommended project list, it may adopt the proposed

18  project list at a public meeting following public notice of

19  the intent to adopt the recommendations of the advisory board.

20         4.  The capital improvement schedule of the local

21  government comprehensive plan shall be updated to reflect the

22  project list pursuant to s. 163.3177(3).

23         5.  Once the project list has been adopted, the board

24  may give notice of the intent to adopt the surtax by

25  ordinance. The board of county commissioners shall conduct a

26  public hearing to allow for public input on the proposed

27  surtax.  The ordinance enacting the surtax may not be adopted

28  at the same meeting as that at which the project list is

29  adopted.

30         6.  Once the ordinance adopting the surtax has been

31  enacted, the project list can be amended only in the following

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 1  manner. The board of county commissioners must give notice of

 2  the intent to hold a public hearing to discuss adding or

 3  removing projects from the list. The board of county

 4  commissioners must take public testimony on the proposal.

 5  Action may not be taken at that meeting with regards to the

 6  proposal to amend the project list. Action may be taken at a

 7  subsequent noticed public meeting that must be held at least

 8  14 days after the meeting at which the proposed changes to the

 9  project list were discussed.

10         7.  If the tax is implemented, the advisory board shall

11  monitor the expenditure of the tax proceeds and shall hold

12  semiannual meetings. The advisory board shall also monitor

13  whether the county has maintained or increased the level of

14  infrastructure expenditures over the previous 5 years.

15         (f)  A county may not levy the surtax by majority vote

16  of the governing body unless it has adopted a community vision

17  and an urban service boundary under s. 163.3177(13) and (14).

18  Municipalities within a charter county that levies the surtax

19  by majority vote may not receive surtax proceeds unless they

20  have also completed these requirements. Surtax proceeds may

21  only be expended within an urban service boundary.

22         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

23         (a)1.  The governing authority in each county may levy

24  a discretionary sales surtax of 0.5 percent or 1 percent.  The

25  levy of the surtax shall be pursuant to ordinance enacted by a

26  majority of the members of the county governing authority or

27  and approved by a majority of the electors of the county

28  voting in a referendum on the surtax.  If the governing bodies

29  of the municipalities representing a majority of the county's

30  population adopt uniform resolutions establishing the rate of

31  the surtax and calling for a referendum on the surtax, the

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 1  levy of the surtax shall be placed on the ballot and shall

 2  take effect if approved by a majority of the electors of the

 3  county voting in the referendum on the surtax.

 4         2.  If the surtax was levied pursuant to a referendum

 5  held before July 1, 1993, the surtax may not be levied beyond

 6  the time established in the ordinance, or, if the ordinance

 7  did not limit the period of the levy, the surtax may not be

 8  levied for more than 15 years. The levy of such surtax may be

 9  extended only by approval of a majority of the electors of the

10  county voting in a referendum on the surtax.

11         (b)  A statement which includes a brief general

12  description of the projects to be funded by the surtax and

13  which conforms to the requirements of s. 101.161 shall be

14  placed on the ballot by the governing authority of any county

15  which enacts an ordinance calling for a referendum on the levy

16  of the surtax or in which the governing bodies of the

17  municipalities representing a majority of the county's

18  population adopt uniform resolutions calling for a referendum

19  on the surtax.  The following question shall be placed on the

20  ballot:

21  

22        ....FOR the               ....-cent sales tax

23        ....AGAINST the           ....-cent sales tax

24  

25         (c)  Pursuant to s. 212.054(4), the proceeds of the

26  surtax levied under this subsection shall be distributed to

27  the county and the municipalities within such county in which

28  the surtax was collected, according to:

29         1.  An interlocal agreement between the county

30  governing authority and the governing bodies of the

31  municipalities representing a majority of the county's

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 1  municipal population, which agreement may include a school

 2  district with the consent of the county governing authority

 3  and the governing bodies of the municipalities representing a

 4  majority of the county's municipal population; or

 5         2.  If there is no interlocal agreement, according to

 6  the formula provided in s. 218.62.

 7  

 8  Any change in the distribution formula must take effect on the

 9  first day of any month that begins at least 60 days after

10  written notification of that change has been made to the

11  department.

12         (d)1.  The proceeds of the surtax authorized by this

13  subsection and any interest accrued thereto shall be expended

14  by the school district or within the county and municipalities

15  within the county, or, in the case of a negotiated joint

16  county agreement, within another county, to finance, plan, and

17  construct infrastructure and to acquire land for public

18  recreation or conservation or protection of natural resources

19  and to finance the closure of county-owned or municipally

20  owned solid waste landfills that are already closed or are

21  required to close by order of the Department of Environmental

22  Protection. Any use of such proceeds or interest for purposes

23  of landfill closure prior to July 1, 1993, is ratified.

24  Neither the proceeds nor any interest accrued thereto shall be

25  used for operational expenses of any infrastructure, except

26  that any county with a population of less than 75,000 that is

27  required to close a landfill by order of the Department of

28  Environmental Protection may use the proceeds or any interest

29  accrued thereto for long-term maintenance costs associated

30  with landfill closure. Counties, as defined in s. 125.011(1),

31  and charter counties may, in addition, use the proceeds and

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 1  any interest accrued thereto to retire or service indebtedness

 2  incurred for bonds issued prior to July 1, 1987, for

 3  infrastructure purposes, and for bonds subsequently issued to

 4  refund such bonds. Any use of such proceeds or interest for

 5  purposes of retiring or servicing indebtedness incurred for

 6  such refunding bonds prior to July 1, 1999, is ratified.

 7         2.  For the purposes of this paragraph,

 8  "infrastructure" means:

 9         a.  Any fixed capital expenditure or fixed capital

10  outlay associated with the construction, reconstruction, or

11  improvement of public facilities which have a life expectancy

12  of 5 or more years and any land acquisition, land improvement,

13  design, and engineering costs related thereto.

14         b.  A fire department vehicle, an emergency medical

15  service vehicle, a sheriff's office vehicle, a police

16  department vehicle, or any other vehicle, and such equipment

17  necessary to outfit the vehicle for its official use or

18  equipment that has a life expectancy of at least 5 years.

19         c.  Any expenditure for the construction, lease, or

20  maintenance of, or provision of utilities or security for,

21  facilities as defined in s. 29.008.

22         3.  Notwithstanding any other provision of this

23  subsection, a discretionary sales surtax imposed or extended

24  after the effective date of this act may provide for an amount

25  not to exceed 15 percent of the local option sales surtax

26  proceeds to be allocated for deposit to a trust fund within

27  the county's accounts created for the purpose of funding

28  economic development projects of a general public purpose

29  targeted to improve local economies, including the funding of

30  operational costs and incentives related to such economic

31  development. The ballot statement must indicate the intention

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 1  to make an allocation under the authority of this

 2  subparagraph.

 3         (e)  School districts, counties, and municipalities

 4  receiving proceeds under the provisions of this subsection may

 5  pledge such proceeds for the purpose of servicing new bond

 6  indebtedness incurred pursuant to law. Local governments may

 7  use the services of the Division of Bond Finance of the State

 8  Board of Administration pursuant to the State Bond Act to

 9  issue any bonds through the provisions of this subsection.  In

10  no case may a jurisdiction issue bonds pursuant to this

11  subsection more frequently than once per year. Counties and

12  municipalities may join together for the issuance of bonds

13  authorized by this subsection.

14         (f)1.  Notwithstanding paragraph (d), a county that has

15  a population of 50,000 or less on April 1, 1992, or any county

16  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 use the proceeds and interest of the surtax

19  for any public purpose if:

20         a.  The debt service obligations for any year are met;

21         b.  The county's comprehensive plan has been determined

22  to be in compliance with part II of chapter 163; and

23         c.  The county has adopted an amendment to the surtax

24  ordinance pursuant to the procedure provided in s. 125.66

25  authorizing additional uses of the surtax proceeds and

26  interest.

27         2.  A municipality located within a county that has a

28  population of 50,000 or less on April 1, 1992, or within a

29  county designated as an area of critical state concern on the

30  effective date of this act, and that imposed the surtax before

31  July 1, 1992, may not use the proceeds and interest of the

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 1  surtax for any purpose other than an infrastructure purpose

 2  authorized in paragraph (d) unless the municipality's

 3  comprehensive plan has been determined to be in compliance

 4  with part II of chapter 163 and the municipality has adopted

 5  an amendment to its surtax ordinance or resolution pursuant to

 6  the procedure provided in s. 166.041 authorizing additional

 7  uses of the surtax proceeds and interest.  Such municipality

 8  may expend the surtax proceeds and interest for any public

 9  purpose authorized in the amendment.

10         3.  Those counties designated as an area of critical

11  state concern which qualify to use the surtax for any public

12  purpose may use only up to 10 percent of the surtax proceeds

13  for any public purpose other than for infrastructure purposes

14  authorized by this section.

15         (g)  Notwithstanding paragraph (d), a county having a

16  population greater than 75,000 in which the taxable value of

17  real property is less than 60 percent of the just value of

18  real property for ad valorem tax purposes for the tax year in

19  which an infrastructure surtax referendum is placed before the

20  voters, and the municipalities within such a county, may use

21  the proceeds and interest of the surtax for operation and

22  maintenance of parks and recreation programs and facilities

23  established with the proceeds of the surtax throughout the

24  duration of the surtax levy or while interest earnings

25  accruing from the proceeds of the surtax are available for

26  such use, whichever period is longer.

27         (h)  Notwithstanding any other provision of this

28  section, a county shall not levy local option sales surtaxes

29  authorized in this subsection and subsections (3), (4), and

30  (5) in excess of a combined rate of 1 percent. However, a

31  small county may levy the local option sales surtax authorized

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 1  in this subsection and subsection (3) for a combined rate of

 2  up to 2 percent. Surtaxes imposed by majority vote must be

 3  used to supplement, not supplant, existing infrastructure

 4  funding. In order to impose the surtax by a majority vote of

 5  the governing body, the county must go through the following

 6  process:

 7         1.  An advisory board must be created to make

 8  recommendations to the board of county commissioners regarding

 9  infrastructure projects to address the needs of the community.

10  The governing body of the county shall appoint members to the

11  advisory board who represent the diversity of the community

12  and shall include individuals having an interest in business,

13  economic development, the environment, transportation,

14  municipal government, education, and public safety and growth

15  management professionals. Based on the estimated amount of the

16  surtax collections, the advisory board must conduct at least

17  two public workshops to develop a project list. Priority shall

18  be given to projects that address existing infrastructure

19  deficits. A quorum shall consist of a majority of the advisory

20  board members and is necessary to take any action regarding

21  recommendations to the governing board of the local

22  government. The board of county commissioners shall provide

23  staff support to the advisory board. All advisory board

24  meetings are open to the public, and minutes of the meetings

25  shall be available to the public.

26         2.  After the advisory board submits the project list

27  to the board of county commissioners, it may be amended by the

28  board of county commissioners. A public notice must be given

29  of the intent to add additional projects or remove projects

30  recommended by the advisory board.  Actions to amend the

31  project list may be taken at the noticed public hearing. Once

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 1  amended, the project list may not be approved at the same

 2  meeting at which it was amended. Notice of the intent to adopt

 3  the project list must be given and the list must be approved

 4  at a subsequent public meeting that may not be held sooner

 5  than 14 days after the meeting at which the list was amended.

 6         3.  If the board of county commissioners does not amend

 7  the recommended project list, it may adopt the proposed

 8  project list at a public meeting following public notice of

 9  the intent to adopt the recommendations of the advisory board.

10         4.  The capital improvement schedule of the local

11  government comprehensive plan shall be updated to reflect the

12  project list pursuant to s. 163.3177(3).

13         5.  Once the project list has been adopted, the board

14  may give notice of the intent to adopt the surtax by

15  ordinance. The board of county commissioners shall conduct a

16  public hearing to allow for public input on the proposed

17  surtax.  The ordinance enacting the surtax may not be adopted

18  at the same meeting as that at which the project list is

19  adopted.

20         6.  Once the ordinance adopting the surtax has been

21  enacted, the project list can be amended only in the following

22  manner. The board of county commissioners must give notice of

23  the intent to hold a public hearing to discuss adding or

24  removing projects from the list. The board of county

25  commissioners must take public testimony on the proposal.

26  Action may not be taken at that meeting with regards to the

27  proposal to amend the project list. Action may be taken at a

28  subsequent noticed public meeting that must be held at least

29  14 days after the meeting at which the proposed changes to the

30  project list were discussed.

31  

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 1         7.  If the tax is implemented, the advisory board shall

 2  monitor the expenditure of the tax proceeds and shall hold

 3  semiannual meetings. The advisory board shall also monitor

 4  whether the county has maintained or increased the level of

 5  infrastructure expenditures over the previous 5 years.

 6         (j)  A county may not levy this surtax by majority vote

 7  of the governing body unless it has established an urban

 8  service boundary under s. 163.3177(14) and has completed the

 9  visioning requirements of s. 163.3177(13). Municipalities

10  within a county that levies the surtax by a majority vote may

11  not receive surtax proceeds unless they have also completed

12  these requirements. Surtax proceeds may only be expended

13  within an urban service boundary.

14         (3)  SMALL COUNTY SURTAX.--

15         (a)  The governing authority in each county that has a

16  population of 50,000 or less on April 1, 1992, may levy a

17  discretionary sales surtax of 0.5 percent or 1 percent.  The

18  levy of the surtax shall be pursuant to ordinance enacted by

19  an extraordinary vote of the members of the county governing

20  authority if the surtax revenues are expended for operating

21  purposes.  If the surtax revenues are expended for the purpose

22  of servicing bond indebtedness, the surtax shall be approved

23  by a majority of the electors of the county voting in a

24  referendum on the surtax.

25         (b)  A statement that includes a brief general

26  description of the projects to be funded by the surtax and

27  conforms to the requirements of s. 101.161 shall be placed on

28  the ballot by the governing authority of any county that

29  enacts an ordinance calling for a referendum on the levy of

30  the surtax for the purpose of servicing bond indebtedness.

31  The following question shall be placed on the ballot:

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 1  

 2        ....FOR the               ....-cent sales tax

 3        ....AGAINST the           ....-cent sales tax

 4  

 5         (c)  Pursuant to s. 212.054(4), the proceeds of the

 6  surtax levied under this subsection shall be distributed to

 7  the county and the municipalities within the county in which

 8  the surtax was collected, according to:

 9         1.  An interlocal agreement between the county

10  governing authority and the governing bodies of the

11  municipalities representing a majority of the county's

12  municipal population, which agreement may include a school

13  district with the consent of the county governing authority

14  and the governing bodies of the municipalities representing a

15  majority of the county's municipal population; or

16         2.  If there is no interlocal agreement, according to

17  the formula provided in s. 218.62.

18  

19  Any change in the distribution formula shall take effect on

20  the first day of any month that begins at least 60 days after

21  written notification of that change has been made to the

22  department.

23         (d)1.  If the surtax is levied pursuant to a

24  referendum, the proceeds of the surtax and any interest

25  accrued thereto may be expended by the school district or

26  within the county and municipalities within the county, or, in

27  the case of a negotiated joint county agreement, within

28  another county, for the purpose of servicing bond indebtedness

29  to finance, plan, and construct infrastructure and to acquire

30  land for public recreation or conservation or protection of

31  natural resources.  However, if the surtax is levied pursuant

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 1  to an ordinance approved by an extraordinary vote of the

 2  members of the county governing authority, the proceeds and

 3  any interest accrued thereto may be used for operational

 4  expenses of any infrastructure or for any public purpose

 5  authorized in the ordinance under which the surtax is levied.

 6         2.  For the purposes of this paragraph,

 7  "infrastructure" means any fixed capital expenditure or fixed

 8  capital costs associated with the construction,

 9  reconstruction, or improvement of public facilities that have

10  a life expectancy of 5 or more years and any land acquisition,

11  land improvement, design, and engineering costs related

12  thereto.

13         (e)  A school district, county, or municipality that

14  receives proceeds under this subsection following a referendum

15  may pledge the proceeds for the purpose of servicing new bond

16  indebtedness incurred pursuant to law. Local governments may

17  use the services of the Division of Bond Finance pursuant to

18  the State Bond Act to issue any bonds through the provisions

19  of this subsection.  A jurisdiction may not issue bonds

20  pursuant to this subsection more frequently than once per

21  year.  A county and municipality may join together to issue

22  bonds authorized by this subsection.

23         (f)  Notwithstanding any other provision of this

24  section, a county shall not levy local option sales surtaxes

25  authorized in this subsection and subsection subsections (2),

26  (4), and (5) in excess of a combined rate of 1 percent.

27         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

28         (a)  The school board in each county may levy, pursuant

29  to resolution conditioned to take effect only upon approval by

30  a majority vote of the electors of the county voting in a

31  referendum or by majority vote of the county governing body, a

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 1  discretionary sales surtax at a rate that may not exceed 0.5

 2  percent.

 3         (b)  The resolution shall include a statement that

 4  provides a brief and general description of the school capital

 5  outlay projects to be funded by the surtax. The statement

 6  shall conform to the requirements of s. 101.161 and shall be

 7  placed on the ballot by the governing body of the county. The

 8  following question shall be placed on the ballot:

 9  

10        ....FOR THE               ....CENTS TAX

11        ....AGAINST THE           ....CENTS TAX

12  

13         (c)  The resolution providing for the imposition of the

14  surtax shall set forth a plan for use of the surtax proceeds

15  for fixed capital expenditures or fixed capital costs

16  associated with the construction, reconstruction, or

17  improvement of school facilities and campuses which have a

18  useful life expectancy of 5 or more years, and any land

19  acquisition, land improvement, design, and engineering costs

20  related thereto. Additionally, the plan shall include the

21  costs of retrofitting and providing for technology

22  implementation, including hardware and software, for the

23  various sites within the school district.  Surtax revenues may

24  be used for the purpose of servicing bond indebtedness to

25  finance projects authorized by this subsection, and any

26  interest accrued thereto may be held in trust to finance such

27  projects. Neither the proceeds of the surtax nor any interest

28  accrued thereto shall be used for operational expenses.

29         (d)  Any school board receiving proceeds from imposing

30  the surtax shall implement a freeze on noncapital local school

31  property taxes, at the millage rate imposed in the year prior

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 1  to the implementation of the surtax, for a period of at least

 2  3 years from the date of imposition of the surtax.  This

 3  provision shall not apply to existing debt service or required

 4  state taxes.

 5         (e)  Surtax revenues collected by the Department of

 6  Revenue pursuant to this subsection shall be distributed to

 7  the school board imposing the surtax in accordance with law.

 8         (f)  Surtaxes imposed by majority vote must be used to

 9  supplement, not supplant, existing school capital outlay

10  funding. In order to impose the surtax by a majority vote of

11  the county governing body, the county must go through the

12  following process:

13         1.  An advisory board must be created to make

14  recommendations to the board of county commissioners regarding

15  the use of the surtax proceeds for fixed capital expenditures

16  or fixed capital costs associated with the construction,

17  reconstruction, or improvement of school facilities and

18  campuses that have a useful life expectancy of 5 or more years

19  and any land acquisition, land improvement, design, and

20  engineering costs related thereto. The governing body of the

21  county shall appoint members to the advisory board who

22  represent the diversity of the community and shall include

23  individuals with an interest in business, economic

24  development, the environment, municipal government, education,

25  and public safety and growth management professionals. Based

26  on the estimated amount of the surtax collections, the

27  advisory board will conduct at least two public workshops to

28  develop a project list.  A quorum shall consist of a majority

29  of the advisory board members and is necessary to take any

30  action regarding recommendations to the governing board of the

31  local government. The board of county commissioners shall

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 1  provide staff support to the advisory board. All advisory

 2  board meetings are open to the public, and minutes of the

 3  meetings shall be available to the public.

 4         2.  After the advisory board submits the project list

 5  to the board of county commissioners, it may be amended by the

 6  board of county commissioners only in the following fashion. A

 7  public notice must be given of the intent to add additional

 8  projects or remove projects recommended by the advisory board.

 9  Actions to amend the project list may be taken at the noticed

10  public hearing. Once amended, the project list must be

11  approved at a subsequent meeting. Notice of the intent to

12  adopt the project list must be given and the project list must

13  be approved at a subsequent public meeting that cannot be held

14  sooner than 14 days after the meeting at which the list was

15  amended.

16         3.  If the board of county commissioners does not amend

17  the recommended project list, it may adopt the proposed

18  project list at a public meeting following public notice of

19  the intent to adopt the recommendations of the advisory board.

20         4.  The capital improvement schedule of the local

21  government comprehensive plan shall be updated to reflect the

22  project list pursuant to s. 163.3177(3).

23         5.  Once the project list has been adopted, the board

24  may give notice of the intent to adopt the surtax by

25  ordinance. The board of county commissioners shall conduct a

26  public hearing to allow for public input on the proposed

27  surtax. Enacting the ordinance for the surtax and adopting the

28  project list may not be accomplished at the same meeting.

29         6.  Once the ordinance adopting the surtax has been

30  enacted, the project list can be amended only in the following

31  manner. The board of county commissioners must give notice of

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 1  the intent to hold a public hearing to discuss adding or

 2  removing projects from the list. The board of county

 3  commissioners must take public testimony on the proposal.

 4  Action may not be taken at that meeting with regards to the

 5  proposal to amend the project list. Action may be taken at a

 6  subsequent noticed public meeting that must be held at least

 7  14 days after the meeting at which the proposed changes to the

 8  project list were discussed.

 9         7.  If the tax is implemented, the advisory board shall

10  monitor the expenditure of the tax proceeds and shall hold

11  semiannual meetings. The advisory board shall also monitor

12  whether the county has maintained or increased the level of

13  school capital outlay expenditures over the previous 5 years.

14         (g)  If the surtax is levied by a majority vote of the

15  governing body, the school board shall use due diligence and

16  sound business practices in the design, construction, and use

17  of educational facilities and may not exceed the maximum

18  cost-per-student station established in s. 1013.72(2).

19         Section 9.  Subsection (1) of section 206.41, Florida

20  Statutes, is amended to read:

21         206.41  State taxes imposed on motor fuel.--

22         (1)  The following taxes are imposed on motor fuel

23  under the circumstances described in subsection (6):

24         (a)  An excise or license tax of 2 cents per net

25  gallon, which is the tax as levied by s. 16, Art. IX of the

26  State Constitution of 1885, as amended, and continued by s.

27  9(c), Art. XII of the 1968 State Constitution, as amended,

28  which is therein referred to as the "second gas tax," and

29  which is hereby designated the "constitutional fuel tax."

30  

31  

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 1         (b)  An additional tax of 1 cent per net gallon, which

 2  is designated as the "county fuel tax" and which shall be used

 3  for the purposes described in s. 206.60.

 4         (c)  An additional tax of 1 cent per net gallon, which

 5  is designated as the "municipal fuel tax" and which shall be

 6  used for the purposes described in s. 206.605.

 7         (d)1.  An additional tax of 1 cent per net gallon may

 8  be imposed by each county on motor fuel, which shall be

 9  designated as the "ninth-cent fuel tax."  This tax shall be

10  levied and used as provided in s. 336.021.

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         (e)1.  An additional tax of between 1 cent and 11 cents

24  per net gallon may be imposed on motor fuel by each county,

25  which shall be designated as the "local option fuel tax."

26  This tax shall be levied and used as provided in s. 336.025.

27         2.  Beginning January 1, 2006, and on January 1 of each

28  year thereafter, the tax rate set forth in subparagraph 1.

29  shall be adjusted by the percentage change in the average

30  consumer price index issued by the United States Department of

31  Labor for the most recent 12-month period ending September 30,

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 1  compared to the base year, which is the 12-month period ending

 2  September 30, 2005, and rounded to the nearest tenth of a

 3  cent.

 4         3.  The department shall notify each terminal supplier,

 5  position holder, wholesaler, and importer of the tax rate

 6  applicable under this paragraph for the 12-month period

 7  beginning January 1.

 8         (f)1.  An additional tax designated as the State

 9  Comprehensive Enhanced Transportation System Tax is imposed on

10  each net gallon of motor fuel in each county.  This tax shall

11  be levied and used as provided in s. 206.608.

12         2.  The rate of the tax in each county shall be equal

13  to two-thirds of the lesser of the sum of the taxes imposed on

14  motor fuel pursuant to paragraphs (d) and (e) in such county

15  or 6 cents, rounded to the nearest tenth of a cent.

16         3.  Beginning January 1, 1992, and on January 1 of each

17  year thereafter, the tax rate provided in subparagraph 2.

18  shall be adjusted by the percentage change in the average of

19  the Consumer Price Index issued by the United States

20  Department of Labor for the most recent 12-month period ending

21  September 30, compared to the base year average, which is the

22  average for the 12-month period ending September 30, 1990, and

23  rounded to the nearest tenth of a cent.

24         4.  The department shall notify each terminal supplier,

25  position holder, wholesaler, and importer of the tax rate

26  applicable under this paragraph for the 12-month period

27  beginning January 1.

28         (g)1.  An additional tax is imposed on each net gallon

29  of motor fuel, which tax is on the privilege of selling motor

30  fuel and which is designated the "fuel sales tax," at a rate

31  determined pursuant to this paragraph. Before January 1 of

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 1  1997, and of each year thereafter, the department shall

 2  determine the tax rate applicable to the sale of fuel for the

 3  forthcoming 12-month period beginning January 1, rounded to

 4  the nearest tenth of a cent, by adjusting the initially

 5  established tax rate of 6.9 cents per gallon by the percentage

 6  change in the average of the Consumer Price Index issued by

 7  the United States Department of Labor for the most recent

 8  12-month period ending September 30, compared to the base year

 9  average, which is the average for the 12-month period ending

10  September 30, 1989. However, the tax rate shall not be lower

11  than 6.9 cents per gallon.

12         2.  The department is authorized to adopt rules and

13  adopt such forms as may be necessary for the administration of

14  this paragraph.

15         3.  The department shall notify each terminal supplier,

16  position holder, wholesaler, and importer of the tax rate

17  applicable under this paragraph for the 12-month period

18  beginning January 1.

19         Section 10.  Effective January 1, 2006, paragraph (a)

20  of subsection (1) of section 336.021, Florida Statutes, is

21  amended to read:

22         336.021  County transportation system; levy of

23  ninth-cent fuel tax on motor fuel and diesel fuel.--

24         (1)(a)  Any county in the state, by majority or

25  extraordinary vote of the membership of its governing body or

26  subject to a referendum, may levy the tax imposed by ss.

27  206.41(1)(d) and 206.87(1)(b). County and municipal

28  governments may use the moneys received under this paragraph

29  only for transportation expenditures as defined in s.

30  336.025(7). A county may not levy this surtax by majority vote

31  of the governing body unless it has adopted a community vision

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 1  under s. 163.3177(13). Municipalities within a county that

 2  levies the surtax by a majority vote may not receive surtax

 3  proceeds unless they have also completed this requirement.

 4         Section 11.  Paragraph (b) of subsection (1) of section

 5  336.025, Florida Statutes, is amended to read:

 6         336.025  County transportation system; levy of local

 7  option fuel tax on motor fuel and diesel fuel.--

 8         (1)

 9         (b)  In addition to other taxes allowed by law, there

10  may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent,

11  3-cent, 4-cent, or 5-cent local option fuel tax upon every

12  gallon of motor fuel sold in a county and taxed under the

13  provisions of part I of chapter 206. The tax shall be levied

14  by an ordinance adopted by a majority or majority plus one

15  vote of the membership of the governing body of the county or

16  by referendum.

17         1.  All impositions and rate changes of the tax shall

18  be levied before July 1, to be effective January 1 of the

19  following year. However, levies of the tax which were in

20  effect on July 1, 2002, and which expire on August 31 of any

21  year may be reimposed at the current authorized rate effective

22  September 1 of the year of expiration.

23         2.  The county may, prior to levy of the tax, establish

24  by interlocal agreement with one or more municipalities

25  located therein, representing a majority of the population of

26  the incorporated area within the county, a distribution

27  formula for dividing the entire proceeds of the tax among

28  county government and all eligible municipalities within the

29  county. If no interlocal agreement is adopted before the

30  effective date of the tax, tax revenues shall be distributed

31  pursuant to the provisions of subsection (4). If no interlocal

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 1  agreement exists, a new interlocal agreement may be

 2  established prior to June 1 of any year pursuant to this

 3  subparagraph. However, any interlocal agreement agreed to

 4  under this subparagraph after the initial levy of the tax or

 5  change in the tax rate authorized in this section shall under

 6  no circumstances materially or adversely affect the rights of

 7  holders of outstanding bonds which are backed by taxes

 8  authorized by this paragraph, and the amounts distributed to

 9  the county government and each municipality shall not be

10  reduced below the amount necessary for the payment of

11  principal and interest and reserves for principal and interest

12  as required under the covenants of any bond resolution

13  outstanding on the date of establishment of the new interlocal

14  agreement.

15         3.  County and municipal governments shall use moneys

16  received pursuant to this paragraph for transportation

17  expenditures needed to meet the requirements of the capital

18  improvements element of an adopted comprehensive plan or for

19  expenditures needed to meet immediate local transportation

20  problems and for other transportation-related expenditures

21  that are critical for building comprehensive roadway networks

22  by local governments. For purposes of this paragraph,

23  expenditures for the construction of new roads, the

24  reconstruction or resurfacing of existing paved roads, or the

25  paving of existing graded roads shall be deemed to increase

26  capacity and such projects shall be included in the capital

27  improvements element of an adopted comprehensive plan.

28  Expenditures for purposes of this paragraph shall not include

29  routine maintenance of roads.

30         4.  A county may not levy this surtax by majority vote

31  of the governing body unless it has adopted a community vision

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 1  under s. 163.3177(13). Municipalities within a county that

 2  levies the surtax by a majority vote may not receive surtax

 3  proceeds unless they have also completed this requirement.

 4         Section 12.  Paragraph (b) of subsection (4) of section

 5  339.135, Florida Statutes, is amended to read:

 6         339.135  Work program; legislative budget request;

 7  definitions; preparation, adoption, execution, and

 8  amendment.--

 9         (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--

10         (b)1.  A tentative work program, including the ensuing

11  fiscal year and the successive 4 fiscal years, shall be

12  prepared for the State Transportation Trust Fund and other

13  funds managed by the department, unless otherwise provided by

14  law.  The tentative work program shall be based on the

15  district work programs and shall set forth all projects by

16  phase to be undertaken during the ensuing fiscal year and

17  planned for the successive 4 fiscal years. The total amount of

18  the liabilities accruing in each fiscal year of the tentative

19  work program may not exceed the revenues available for

20  expenditure during the respective fiscal year based on the

21  cash forecast for that respective fiscal year.

22         2.  The tentative work program shall be developed in

23  accordance with the Florida Transportation Plan required in s.

24  339.155 and must comply with the program funding levels

25  contained in the program and resource plan.

26         3.  The department may include in the tentative work

27  program proposed changes to the programs contained in the

28  previous work program adopted pursuant to subsection (5);

29  however, the department shall minimize changes and adjustments

30  that affect the scheduling of project phases in the 4 common

31  fiscal years contained in the previous adopted work program

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 1  and the tentative work program.  The department, in the

 2  development of the tentative work program, shall advance by 1

 3  fiscal year all projects included in the second year of the

 4  previous year's adopted work program, unless the secretary

 5  specifically determines that it is necessary, for specific

 6  reasons, to reschedule or delete one or more projects from

 7  that year.  Such changes and adjustments shall be clearly

 8  identified, and the effect on the 4 common fiscal years

 9  contained in the previous adopted work program and the

10  tentative work program shall be shown.  It is the intent of

11  the Legislature that the first 5 years of the adopted work

12  program for facilities designated as part of the Florida

13  Intrastate Highway System and the first 3 years of the adopted

14  work program stand as the commitment of the state to undertake

15  transportation projects that local governments may rely on for

16  planning and concurrency purposes and in the development and

17  amendment of the capital improvements elements of their local

18  government comprehensive plans.

19         4.  The tentative work program must include a balanced

20  36-month forecast of cash and expenditures and a 5-year

21  finance plan supporting the tentative work program.

22         Section 13.  The Office of Program Policy Analysis and

23  Government Accountability shall perform a study on adjustments

24  to the boundaries of Florida Regional Planning Councils,

25  Florida Water Management Districts, and Department of

26  Transportation Districts. The purpose of this study is to

27  organize these regional boundaries to be more coterminous with

28  one another, creating a more unified system of regional

29  boundaries. This study must be completed by December 31, 2005,

30  and submitted to the President of the Senate, the Speaker of

31  

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 1  the House of Representatives, and the Governor by January 15,

 2  2006.

 3         Section 14.  Section 163.3247, Florida Statutes, is

 4  created to read:

 5         163.3247  Century Commission.--

 6         (1)  POPULAR NAME.--This section may be cited as the

 7  "Century Commission Act."

 8         (2)  FINDINGS AND INTENT.--The Legislature finds and

 9  declares that the population of this state is expected to more

10  than double over the next 100 years, with commensurate impacts

11  to the state's natural resources and public infrastructure.

12  Consequently, it is in the best interests of the people of the

13  state to ensure sound planning for the proper placement of

14  this growth and protection of the state's land, water, and

15  other natural resources since such resources are essential to

16  our collective quality of life and a strong economy. The

17  state's growth management system should foster economic

18  stability through regional solutions and strategies, urban

19  renewal and infill, and the continued viability of

20  agricultural economies, while allowing for rural economic

21  development and protecting the unique characteristics of rural

22  areas, and should reduce the complexity of the regulatory

23  process while carrying out the intent of the laws and

24  encouraging greater citizen participation.

25         (3)  CENTURY COMMISSION; CREATION; ORGANIZATION.--The

26  Century Commission is created as a standing body to help the

27  citizens of this state envision and plan their collective

28  future with an eye towards both 25-year and 50-year horizons.

29         (a)  The 21-member commission shall be appointed by the

30  Governor. Four members shall be members of the Legislature who

31  shall be appointed with the advice and consultation of the

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 1  President of the Senate and the Speaker of the House of

 2  Representatives. The Secretary of Community Affairs, the

 3  Commissioner of Agriculture, the Secretary of Transportation,

 4  the Secretary of Environmental Protection, and the Executive

 5  Director of the Fish and Wildlife Conservation Commission, or

 6  their designees, shall also serve as voting members. The other

 7  12 appointments shall reflect the diversity of this state's

 8  citizens, and must include individuals representing each of

 9  the following interests: growth management, business and

10  economic development, environmental protection, agriculture,

11  municipal governments, county governments, regional planning

12  entities, education, public safety, planning professionals,

13  transportation planners, and urban infill and redevelopment.

14  One member shall be designated by the Governor as chair of the

15  commission. Any vacancy that occurs on the commission must be

16  filled in the same manner as the original appointment and

17  shall be for the unexpired term of that commission seat.

18  Members shall serve 4-year terms, except that, initially, to

19  provide for staggered terms, three of the appointees, one each

20  by the Governor, the President of the Senate, and the Speaker

21  of the House of Representatives, shall serve 2-year terms,

22  three shall serve 4-year terms, and three shall serve 6-year

23  terms. All subsequent appointments shall be for 4-year terms.

24  An appointee may not serve more than 6 years.

25         (b)  The first meeting of the commission shall be held

26  no later than December 1, 2005, and shall meet at the call of

27  the chair but not less frequently than three times per year in

28  different regions of the state to solicit input from the

29  public or any other individuals offering testimony relevant to

30  the issues to be considered.

31  

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 1         (c)  Each member of the commission is entitled to one

 2  vote and action of the commission is not binding unless taken

 3  by a three-fifths vote of the members present. A majority of

 4  the members is required to constitute a quorum, and the

 5  affirmative vote of a quorum is required for a binding vote.

 6         (d)  Members of the commission shall serve without

 7  compensation but shall be entitled to receive per diem and

 8  travel expenses in accordance with s. 112.061 while in

 9  performance of their duties.

10         (4)  POWERS AND DUTIES.--The commission shall:

11         (a)  Annually conduct a process through which the

12  commission envisions the future for the state, and then

13  develops and recommends policies, plans, action steps, or

14  strategies to assist in achieving the vision.

15         (b)  Continuously review and consider statutory and

16  regulatory provisions, governmental processes, and societal

17  and economic trends in its inquiry of how state, regional, and

18  local governments and entities and citizens of this state can

19  best accommodate projected increased populations while

20  maintaining the natural, historical, cultural, and manmade

21  life qualities that best represent the state.

22         (c)  Bring together people representing varied

23  interests to develop a shared image of the state and its

24  developed and natural areas. The process should involve

25  exploring the impact of the estimated population increase and

26  other emerging trends and issues; creating a vision for the

27  future; and developing a strategic action plan to achieve that

28  vision using 25-year and 50-year intermediate planning

29  timeframes.

30         (d)  Focus on essential state interests, defined as

31  those interests that transcend local or regional boundaries

                                  99

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    Florida Senate - 2005                            CS for SB 360
    578-2081-05




 1  and are most appropriately conserved, protected, and promoted

 2  at the state level.

 3         (e)  Serve as an objective, nonpartisan repository of

 4  exemplary community-building ideas and as a source to

 5  recommend strategies and practices to assist others in working

 6  collaboratively to solve problems concerning issues relating

 7  to growth management.

 8         (f)  Annually, beginning January 15, 2007, and every

 9  year thereafter on the same date, provide to the Governor, the

10  President of the Senate, and the Speaker of the House of

11  Representatives a written report containing specific

12  recommendations for addressing growth management in the state,

13  including executive and legislative recommendations. This

14  report shall be verbally presented to a joint session of both

15  houses annually as scheduled by the President of the Senate

16  and the Speaker of the House of Representatives.

17         (g)  Beginning with the 2007 Regular Session of the

18  Legislature, the President of the Senate and Speaker of the

19  House of Representatives shall create a joint select

20  committee, the task of which shall be to review the findings

21  and recommendations of the Century Commission for potential

22  action.

23         (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--

24         (a)  The Secretary of Community Affairs shall select an

25  executive director of the commission, and the executive

26  director shall serve at the pleasure of the secretary under

27  the supervision and control of the commission.

28         (b)  The Department of Community Affairs shall provide

29  staff and other resources necessary to accomplish the goals of

30  the commission based upon recommendations of the Governor.

31  

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    Florida Senate - 2005                            CS for SB 360
    578-2081-05




 1         (c)  All agencies under the control of the Governor are

 2  directed, and all other agencies are requested, to render

 3  assistance to, and cooperate with, the commission.

 4         Section 15.  Effective July 1, 2005, the sum of

 5  $250,000 is appropriated from the General Revenue Fund to the

 6  Department of Community Affairs to provide the necessary staff

 7  and other assistance to the Century Commission required by

 8  section 163.3247, Florida Statutes, as created by this act.

 9         Section 16.  Except as otherwise expressly provided in

10  this act, this act shall take effect July 1, 2005.

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    Florida Senate - 2005                            CS for SB 360
    578-2081-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 360

 3                                 

 4  The committee substitute (CS) requires a local government's
    comprehensive plan to be financially feasible and the capital
 5  improvements element in a local comprehensive plan to include
    a schedule of improvements that ensure the adopted
 6  level-of-service standards are achieved and maintained. Also,
    it requires an annual review of the capital improvements
 7  element to maintain a financially feasible 5-year schedule of
    capital improvements.
 8  
    The 1985 Growth Management Act required that "public
 9  facilities and services" be available concurrently with
    development. This CS adds schools to the list of
10  infrastructure subject to the concurrency requirement on a
    statewide basis. Transportation facilities must be in place
11  when the local government approves the commencement of
    construction of each stage or phase of a development or the
12  facility must be under actual construction within 3 years of
    such approval. The CS contains mitigation options for
13  transportation and schools. It strengthens the link between
    development approval and water supply planning. The potable
14  water element of a local government's comprehensive plan must
    be consistent with the applicable regional water supply plan
15  by December 1, 2006.

16  A local government is encouraged to develop a community
    vision. The process of developing a community vision requires
17  the local government to hold a workshop with stakeholders and
    two public hearings. Also, a local government is encouraged to
18  adopt an urban service boundary. This area must be appropriate
    for compact, contiguous urban development within a 10-year
19  planning timeframe. The establishment of an urban service
    boundary does not preclude development outside the boundary.
20  
    Under this CS, a county that has adopted an urban service
21  boundary and a community vision may levy the charter county
    transit system surtax and the local government infrastructure
22  surtax under s. 212.055, F.S., by majority vote. A small
    county that has adopted a community vision and an urban
23  service boundary may levy the infrastructure surtax and small
    county surtax under s. 212.055, F.S., by majority vote for a
24  combined rate of up to 2 percent. This CS allows a county to
    levy the school capital outlay surtax by majority vote. A
25  county that has adopted a community vision may levy the local
    option fuel tax and the ninth-cent fuel tax by majority vote.
26  This CS provides for the indexing of local option gas taxes.

27  In addition, the CS allows a local government to rely on the
    first 3 years of the tentative work program relating to the
28  State Transportation Trust Fund for planning and concurrency
    purposes. The Office of Program Policy Analysis and Government
29  Accountability is to perform a study by December 31, 2005,
    regarding adjustments to the boundaries of the Florida
30  Regional Planning Councils, Florida Water Management
    Districts, and Department of Transportation Districts. The CS
31  creates the 21-member Century Commission with its members to
    be appointed by the Governor. It appropriates the sum of
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    Florida Senate - 2005                            CS for SB 360
    578-2081-05




 1  $250,000 from the General Revenue Fund to the Department of
    Community Affairs for the funding of the Commission and staff
 2  during the 2005-2006 fiscal year.

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