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Senate Bill 0360

Senate Bill sb0360c2

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    Florida Senate - 2005                     CS for CS for SB 360

    By the Committees on Transportation; Community Affairs; and
    Senator Bennett




    596-2138-05

  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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 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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 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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 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         support for the commission; providing an

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 1         appropriation; amending s. 1013.33, F.S.;

 2         conforming provisions to changes made by the

 3         act; providing effective dates.

 4  

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

 6  

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

 8  163.3164, Florida Statutes, to read:

 9         163.3164  Local Government Comprehensive Planning and

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

11  act:

12         (32)  "Financial feasibility" means that sufficient

13  revenues are currently available or will be available from

14  committed or planned funding sources available for financing

15  capital improvements, such as ad valorem taxes, bonds, state

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

17  contributions, which are adequate to fund the projected costs

18  of the capital improvements necessary to ensure that adopted

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

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

21  capital improvements and be available during the established

22  planning period of the comprehensive plan.

23         Section 2.  Subsections (2) and (3), paragraphs (a),

24  (c), and (h) of subsection (6), and subsection (12) of section

25  163.3177, Florida Statutes, are amended, and subsections (13)

26  and (14) are added to that section, to read:

27         163.3177  Required and optional elements of

28  comprehensive plan; studies and surveys.--

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

30  comprehensive plan shall be a major objective of the planning

31  process.  The several elements of the comprehensive plan shall

                                  5

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 1  be consistent, and the comprehensive plan shall be financially

 2  economically feasible. Financial feasibility shall be

 3  determined using professionally accepted methodologies.

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

 5  improvements element designed to consider the need for and the

 6  location of public facilities in order to encourage the

 7  efficient utilization of such facilities and set forth:

 8         1.  A component which outlines principles for

 9  construction, extension, or increase in capacity of public

10  facilities, as well as a component which outlines principles

11  for correcting existing public facility deficiencies, which

12  are necessary to implement the comprehensive plan.  The

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

14         2.  Estimated public facility costs, including a

15  delineation of when facilities will be needed, the general

16  location of the facilities, and projected revenue sources to

17  fund the facilities.

18         3.  Standards to ensure the availability of public

19  facilities and the adequacy of those facilities including

20  acceptable levels of service.

21         4.  Standards for the management of debt.

22         5.  A schedule of capital improvements which recognizes

23  and includes publicly funded projects, and which may include

24  privately funded projects for which the local government has

25  no fiscal responsibility but which are necessary to ensure

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

27  maintained. For capital improvements that will be funded by

28  the developer, financial feasibility shall be demonstrated by

29  being guaranteed in an enforceable development agreement or

30  interlocal agreement pursuant to paragraph (10)(h) and shall

31  be reflected in the schedule of capital improvements. If the

                                  6

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 1  local government uses planned revenue sources that require

 2  referenda or other actions to secure the revenue source, the

 3  plan must, in the event the referenda are not passed or

 4  actions do not secure the planned revenue source, identify

 5  other existing revenue sources that will be used to fund the

 6  capital projects or otherwise amend the plan to ensure

 7  financial feasibility.

 8         6.  The schedule must include transportation

 9  improvements included in the applicable metropolitan planning

10  organization's transportation improvement program adopted

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

12  are relied upon to ensure concurrency and financial

13  feasibility. The schedule must also be coordinated with the

14  applicable metropolitan planning organization's long-range

15  transportation plan adopted pursuant to s. 339.175(6).

16         (b)  The capital improvements element shall be reviewed

17  on an annual basis and modified as necessary in accordance

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

19  financially feasible 5-year schedule of capital improvements

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

21  standards are achieved and maintained except that corrections,

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

23  or; acceptance of facilities pursuant to dedications which are

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

25  facility enumerated in the capital improvements element may be

26  accomplished by ordinance and shall not be deemed to be

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

28  ordinance shall be transmitted to the state land planning

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

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

31  or delay the construction for any facility listed in the

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 1  5-year schedule.  All public facilities shall be consistent

 2  with the capital improvements element. Amendments to implement

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

 4  Thereafter, a local government may not amend its comprehensive

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

 6  amendments to meet new requirements under this part, and

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

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

 9  local government has adopted the annual update and the annual

10  update to the schedule of capital improvements is found in

11  compliance.

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

13  required annual update to the schedule of capital improvements

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

15  land planning agency must notify the Administration

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

17  commitment to meeting its obligations identified in the

18  capital improvement element may be subject to sanctions by the

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

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

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

22  must also adopt a long-term capital improvements schedule

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

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

25  capital improvements must be financially feasible and

26  consistent with other portions of the adopted local plan,

27  including the future land-use map.

28         (6)  In addition to the requirements of subsections

29  (1)-(5), the comprehensive plan shall include the following

30  elements:

31  

                                  8

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 1         (a)  A future land use plan element designating

 2  proposed future general distribution, location, and extent of

 3  the uses of land for residential uses, commercial uses,

 4  industry, agriculture, recreation, conservation, education,

 5  public buildings and grounds, other public facilities, and

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

 7  Counties are encouraged to designate rural land stewardship

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

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

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

11  include standards to be followed in the control and

12  distribution of population densities and building and

13  structure intensities. The proposed distribution, location,

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

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

16  supplemented by goals, policies, and measurable objectives.

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

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

19  required to accommodate anticipated growth; the projected

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

21  availability of water supplies, public facilities, and

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

23  blighted areas and the elimination of nonconforming uses which

24  are inconsistent with the character of the community; the

25  compatibility of uses on lands adjacent to or closely

26  proximate to military installations; and, in rural

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

28  and economic development that will strengthen and diversify

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

30  designate areas for future planned development use involving

31  combinations of types of uses for which special regulations

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 1  may be necessary to ensure development in accord with the

 2  principles and standards of the comprehensive plan and this

 3  act. The future land use plan element shall include criteria

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

 5  proximate lands with military installations. In addition, for

 6  rural communities, the amount of land designated for future

 7  planned industrial use shall be based upon surveys and studies

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

 9  and the necessity to strengthen and diversify the local

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

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

12  a county may also designate areas for possible future

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

14  generally identify and depict historic district boundaries and

15  shall designate historically significant properties meriting

16  protection.  The future land use element must clearly identify

17  the land use categories in which public schools are an

18  allowable use.  When delineating the land use categories in

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

20  shall include in the categories sufficient land proximate to

21  residential development to meet the projected needs for

22  schools in coordination with public school boards and may

23  establish differing criteria for schools of different type or

24  size.  Each local government shall include lands contiguous to

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

26  the land use categories in which public schools are an

27  allowable use. All comprehensive plans must comply with the

28  school siting requirements of this paragraph no later than

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

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

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

                                  10

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 1  amend the local comprehensive plan, except for plan amendments

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

 3  requirements are met. Amendments proposed by a local

 4  government for purposes of identifying the land use categories

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

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

 7  are exempt from the limitation on the frequency of plan

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

 9  element shall include criteria that encourage the location of

10  schools proximate to urban residential areas to the extent

11  possible and shall require that the local government seek to

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

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

14  encourage the use of elementary schools as focal points for

15  neighborhoods. For schools serving predominantly rural

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

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

18  the location of public school facilities if the local

19  comprehensive plan contains school siting criteria and the

20  location is consistent with such criteria. Local governments

21  required to update or amend their comprehensive plan to

22  include criteria and address compatibility of adjacent or

23  closely proximate lands with existing military installations

24  in their future land use plan element shall transmit the

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

26         (c)  A general sanitary sewer, solid waste, drainage,

27  potable water, and natural groundwater aquifer recharge

28  element correlated to principles and guidelines for future

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

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

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

                                  11

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 1  detailed engineering plan including a topographic map

 2  depicting areas of prime groundwater recharge. The element

 3  shall describe the problems and needs and the general

 4  facilities that will be required for solution of the problems

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

 6  depicting any areas adopted by a regional water management

 7  district as prime groundwater recharge areas for the Floridan

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

 9  shall be given special consideration when the local government

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

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

12  surveys shall be provided which indicate the suitability of

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

14  be consistent with consider the appropriate water management

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

16  373.0361. If the local government chooses to prepare its own

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

18  data and methodology used to generate the analysis to the

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

20  for compliance review unless it has submitted it for advance

21  review. The state land planning agency shall evaluate the

22  application of the methodology used by a local government in

23  preparing its own water supply analysis and determine whether

24  the particular methodology is professionally accepted. If

25  advance review is requested, the state land planning agency

26  shall provide its findings to the local government within 60

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

28  applicable water management district in its review of any

29  methodology proposed by a local government. The element must

30  identify the water supply sources, including conservation and

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

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 1  demand and must include a work plan, covering the

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

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

 4  supply facilities, including development of alternative water

 5  supplies, which that are identified in the element as

 6  necessary to serve existing and new development and for which

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

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

 9  the governing board of a water management district approves an

10  updated regional water supply plan. Amendments to incorporate

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

12  frequency of adoption of amendments to the comprehensive plan.

13  Local governments, public and private utilities, regional

14  water supply authorities, and water management districts are

15  encouraged to cooperatively plan for the development of

16  multijurisdictional water supply facilities that are

17  sufficient to meet projected demands for established planning

18  periods, including the development of alternative water

19  sources to supplement traditional sources of ground and

20  surface water supplies.

21         (h)1.  An intergovernmental coordination element

22  showing relationships and stating principles and guidelines to

23  be used in the accomplishment of coordination of the adopted

24  comprehensive plan with the plans of school boards and other

25  units of local government or regional water supply authorities

26  providing services but not having regulatory authority over

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

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

29  with the state comprehensive plan and with the applicable

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

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

                                  13

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 1  preparation may exist.  This element of the local

 2  comprehensive plan shall demonstrate consideration of the

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

 4  development of adjacent municipalities, the county, adjacent

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

 6  as the case may require.

 7         a.  The intergovernmental coordination element shall

 8  provide for procedures to identify and implement joint

 9  planning areas, especially for the purpose of annexation,

10  municipal incorporation, and joint infrastructure service

11  areas.

12         b.  The intergovernmental coordination element shall

13  provide for recognition of campus master plans prepared

14  pursuant to s. 1013.30.

15         c.  The intergovernmental coordination element may

16  provide for a voluntary dispute resolution process as

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

18  a timely manner intergovernmental disputes.  A local

19  government may develop and use an alternative local dispute

20  resolution process for this purpose.

21         2.  The intergovernmental coordination element shall

22  further state principles and guidelines to be used in the

23  accomplishment of coordination of the adopted comprehensive

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

25  government providing facilities and services but not having

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

27  intergovernmental coordination element shall describe joint

28  processes for collaborative planning and decisionmaking on

29  population projections and public school siting, the location

30  and extension of public facilities subject to concurrency, and

31  siting facilities with countywide significance, including

                                  14

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 1  locally unwanted land uses whose nature and identity are

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

 3  intergovernmental coordination elements, each county, all the

 4  municipalities within that county, the district school board,

 5  and any unit of local government service providers in that

 6  county shall establish by interlocal or other formal agreement

 7  executed by all affected entities, the joint processes

 8  described in this subparagraph consistent with their adopted

 9  intergovernmental coordination elements.

10         3.  To foster coordination between special districts

11  and local general-purpose governments as local general-purpose

12  governments implement local comprehensive plans, each

13  independent special district must submit a public facilities

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

15  189.415.

16         4.a.  Local governments adopting a public educational

17  facilities element pursuant to s. 163.31776 must execute an

18  interlocal agreement with the district school board, the

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

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

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

22  intergovernmental coordination element to provide that

23  coordination between the local government and school board is

24  pursuant to the agreement and shall state the obligations of

25  the local government under the agreement.

26         b.  Plan amendments that comply with this subparagraph

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

28         5.  The state land planning agency shall establish a

29  schedule for phased completion and transmittal of plan

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

31  jurisdictions so as to accomplish their adoption by December

                                  15

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 1  31, 1999.  A local government may complete and transmit its

 2  plan amendments to carry out these provisions prior to the

 3  scheduled date established by the state land planning agency.

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

 5  163.3187(1).

 6         6.  By January 1, 2004, Any county having a population

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

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

 9  Department of Community Affairs which:

10         a.  Identifies all existing or proposed interlocal

11  service-delivery agreements regarding the following:

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

13  drainage; potable water; parks and recreation; and

14  transportation facilities.

15         b.  Identifies any deficits or duplication in the

16  provision of services within its jurisdiction, whether capital

17  or operational. Upon request, the Department of Community

18  Affairs shall provide technical assistance to the local

19  governments in identifying deficits or duplication.

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

21  Department of Community Affairs shall, through the appropriate

22  regional planning council, coordinate a meeting of all local

23  governments within the regional planning area to discuss the

24  reports and potential strategies to remedy any identified

25  deficiencies or duplications.

26         8.  Each local government shall update its

27  intergovernmental coordination element based upon the findings

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

29  may be used as supporting data and analysis for the

30  intergovernmental coordination element.

31  

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 1         9.  By February 1, 2003, Representatives of

 2  municipalities, counties, and special districts shall provide

 3  to the Legislature recommended statutory changes for

 4  annexation, including any changes that address the delivery of

 5  local government services in areas planned for annexation.

 6         (12)  A public school facilities element adopted to

 7  implement a school concurrency program shall meet the

 8  requirements of this subsection.

 9         (a)  Each county and each municipality within the

10  county unless exempt or subject to a waiver, must adopt a

11  consistent public school facilities element and enter the

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

13  planning agency shall provide a waiver to a county and to the

14  municipalities within the county if the utilization rate for

15  all schools within the school district is no greater than 100

16  percent and the projected 5-year capital outlay full-time

17  equivalent student growth rate is less than 10 percent. The

18  state land planning agency may, at its discretion, allow for a

19  single school to exceed the 100-percent limitation if it can

20  be demonstrated that the utilization rate for that single

21  school is not greater than 105 percent. A municipality in a

22  nonexempt county is exempt if the municipality meets all of

23  the following criteria for having no significant impact on

24  school attendance:

25         1.  The municipality has issued development orders for

26  fewer than 50 residential dwelling units during the preceding

27  5 years, or the municipality has generated fewer than 25

28  additional public school students during the preceding 5

29  years.

30  

31  

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 1         2.  The municipality has not annexed new land during

 2  the preceding 5 years in land use categories that permit

 3  residential uses that will affect school attendance rates.

 4         3.  The municipality has no public schools located

 5  within its boundaries.

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

 7  the boundaries of the municipality has been built upon.

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

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

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

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

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

13  163.31777 and the 5-year school district facilities work

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

15  survey prepared pursuant to s. 1013.31 and an existing

16  educational and ancillary plant map or map series; information

17  on existing development and development anticipated for the

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

19  problems and opportunities for existing schools and schools

20  anticipated in the future; an analysis of opportunities to

21  collocate future schools with other public facilities such as

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

23  need for supporting public facilities for existing and future

24  schools; an analysis of opportunities to locate schools to

25  serve as community focal points; projected future population

26  and associated demographics, including development patterns

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

28  periods; and anticipated educational and ancillary plants with

29  land area requirements.

30  

31  

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

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

 3  programs and activities are ultimately directed.

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

 5  objectives for each goal, setting specific, measurable,

 6  intermediate ends that are achievable and mark progress toward

 7  the goal.

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

 9  for each objective which establish the way in which programs

10  and activities will be conducted to achieve an identified

11  goal.

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

13  such as:

14         1.  The procedure for an annual update process;

15         2.  The procedure for school site selection;

16         3.  The procedure for school permitting;

17         4.  Provision for of supporting infrastructure

18  necessary to support proposed schools, including potable

19  water, wastewater, drainage, solid waste, transportation, and

20  means by which to assure safe access to schools, including

21  sidewalks, bicycle paths, turn lanes, and signalization;

22         5.  Provision for colocation of other public

23  facilities, such as parks, libraries, and community centers,

24  in proximity to public schools;

25         6.  Provision for location of schools proximate to

26  residential areas and to complement patterns of development,

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

28  community focal points;

29         7.  Measures to ensure compatibility of school sites

30  and surrounding land uses;

31  

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 1         8.  Coordination with adjacent local governments and

 2  the school district on emergency preparedness issues,

 3  including the use of public schools to serve as emergency

 4  shelters; and

 5         9.  Coordination with the future land use element.

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

 7  conditions maps which depict the anticipated location of

 8  educational and ancillary plants, including the general

 9  location of improvements to existing schools or new schools

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

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

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

13  indicating general locations of future schools or school

14  improvements may not prescribe a land use on a particular

15  parcel of land.

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

17  phased schedule for adoption of the public school facilities

18  element and the required updates to the public schools

19  interlocal agreement pursuant to s. 163.31777. The schedule

20  shall provide for each county and local government within the

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

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

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

24  163.3187(1).

25         (13)  Local governments are encouraged to develop a

26  community vision that provides for sustainable growth,

27  recognizes its fiscal constraints, and protects its natural

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

29  applicable regional planning council shall provide assistance

30  in the development of a community vision.

31  

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

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

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

 4  land planning agency. Before those public meetings, the local

 5  government must hold at least one public workshop with

 6  stakeholder groups such as neighborhood associations,

 7  community organizations, businesses, private property owners,

 8  housing and development interests, and environmental

 9  organizations.

10         (b)  The local government must discuss the following

11  topics as part of the workshops and public meetings required

12  under paragraph (a):

13         1.  Future growth in the area using population

14  forecasts from the Bureau of Economic and Business Research;

15         2.  Priorities for economic development;

16         3.  Preservation of open space, environmentally

17  sensitive lands, and agricultural lands;

18         4.  Appropriate areas and standards for mixed-use

19  development;

20         5.  Appropriate areas and standards for high-density

21  commercial and residential development;

22         6.  Appropriate areas and standards for

23  economic-development opportunities and employment centers;

24         7.  Provisions for adequate workforce housing;

25         8.  An efficient, interconnected multimodal

26  transportation system; and

27         9.  Opportunities to create land use patterns that

28  accommodate the issues listed in subparagraphs 1.-8.

29         (c)  As part of the workshops and public meetings, the

30  local government must discuss strategies for implementing the

31  topics listed under paragraph (b), including:

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 1         1.  Strategies to preserve open space, environmentally

 2  sensitive lands, and agricultural lands, including innovative

 3  planning and development strategies, such as the transfer of

 4  development rights;

 5         2.  Incentives for mixed-use development, including

 6  increased height and intensity standards for buildings that

 7  provide residential use in combination with office or

 8  commercial space;

 9         3.  Incentives for workforce housing;

10         4.  Designation of an urban service boundary pursuant

11  to subsection (2); and

12         5.  Strategies to provide mobility within the community

13  and to protect the Strategic Intermodal System, including the

14  development of a transportation corridor management plan under

15  s. 337.273.

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

17  shared concept for growth and development of the community,

18  including visual representations depicting the desired

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

20  10-year planning timeframe. The community vision must also

21  take into consideration economic viability of the vision and

22  private property interests.

23         (e)  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 community vision as a

26  component in the plan. This plan amendment must be transmitted

27  and adopted pursuant to the procedures in ss. 163.3184 and

28  163.3189 at public hearings of the governing body other than

29  those identified in paragraph (a).

30  

31  

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 1         (f)  Amendments submitted under this subsection are

 2  exempt from the limitation on the frequency of plan amendments

 3  in s. 163.3187.

 4         (g)  A county that has adopted a community vision as a

 5  component of the comprehensive plan and the plan amendment

 6  incorporating the vision has been found in compliance may levy

 7  a local option fuel tax under s. 336.025(1)(b) by a majority

 8  vote of its governing body.

 9         (h)  A county that has adopted a community vision as a

10  component of the comprehensive plan and the plan amendment

11  incorporating the vision has been found in compliance may levy

12  the ninth-cent fuel tax under s. 336.021(1)(a) by a majority

13  vote of its governing body.

14         (14)  Local governments are also encouraged to

15  designate an urban service boundary. This area must be

16  appropriate for compact, contiguous urban development within a

17  10-year planning timeframe. The urban service area boundary

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

19  The local government shall demonstrate that the land included

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

21  be served with adequate public facilities and services based

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

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

24  improvements element which is financially feasible within the

25  10-year planning timeframe. The local government shall

26  demonstrate that the amount of land within the urban service

27  boundary does not exceed the amount of land needed to

28  accommodate the projected population growth at densities

29  consistent with the adopted comprehensive plan within the

30  10-year planning timeframe.

31  

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

 2  service boundary, the local government must hold two public

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

 4  planning agency. Before those public meetings, the local

 5  government must hold at least one public workshop with

 6  stakeholder groups such as neighborhood associations,

 7  community organizations, businesses, private property owners,

 8  housing and development interests, and environmental

 9  organizations.

10         (b)1.  After the workshops and public meetings required

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

12  its comprehensive plan to include the urban service boundary.

13  This plan amendment must be transmitted and adopted pursuant

14  to the procedures in ss. 163.3184 and 163.3189 at meetings of

15  the governing body other than those required under paragraph

16  (a).

17         2.  This subsection does not prohibit new development

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

19  that establishes an urban service boundary under this

20  subsection is encouraged to require a full-cost accounting

21  analysis for any new development outside the boundary and to

22  consider the results of that analysis when adopting a plan

23  amendment for property outside the established urban service

24  boundary.

25         (c)  Amendments submitted under this subsection are

26  exempt from the limitation on the frequency of plan amendments

27  in s. 163.3187.

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

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

30  subsection as part of its comprehensive plan and the plan

31  amendment incorporating the vision and the urban service

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 1  boundary has been found in compliance may levy the charter

 2  county transit system surtax under s. 212.055(1) by a majority

 3  vote of the governing body.

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

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

 6  subsection and the plan amendment incorporating the vision and

 7  the urban service boundary has been found in compliance may

 8  levy the local government infrastructure surtax under s.

 9  212.055(2) by a majority vote of its governing body.

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

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

12  subsection and the plan amendment incorporating the vision and

13  the urban service boundary has been found in compliance may

14  levy the local government infrastructure surtax under s.

15  212.055(2) and the small county surtax under s. 212.055(3) by

16  a majority vote of its governing body for a combined rate of

17  up to 2 percent.

18         Section 3.  Section 163.31776, Florida Statutes, is

19  repealed.

20         Section 4.  Subsections (2), (5), (6), and (7) of

21  section 163.31777, Florida Statutes, are amended to read:

22         163.31777  Public schools interlocal agreement.--

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

24  address interlocal-agreement requirements in s.

25  163.3180(13)(g), except for exempt local governments as

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

27  issues:

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

29  district school board agree and base their plans on consistent

30  projections of the amount, type, and distribution of

31  population growth and student enrollment. The geographic

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 1  distribution of jurisdiction-wide growth forecasts is a major

 2  objective of the process.

 3         (b)  A process to coordinate and share information

 4  relating to existing and planned public school facilities,

 5  including school renovations and closures, and local

 6  government plans for development and redevelopment.

 7         (c)  Participation by affected local governments with

 8  the district school board in the process of evaluating

 9  potential school closures, significant renovations to existing

10  schools, and new school site selection before land

11  acquisition. Local governments shall advise the district

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

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

14  including appropriate circumstances and criteria under which a

15  district school board may request an amendment to the

16  comprehensive plan for school siting.

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

18  of onsite and offsite improvements to support new, proposed

19  expansion, or redevelopment of existing schools. The process

20  must address identification of the party or parties

21  responsible for the improvements.

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

23  government regarding the effect of comprehensive plan

24  amendments on school capacity. The capacity reporting must be

25  consistent with laws and rules relating to measurement of

26  school facility capacity and must also identify how the

27  district school board will meet the public school demand based

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

29         (f)  Participation of the local governments in the

30  preparation of the annual update to the district school

31  

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

 2  educational plant survey prepared pursuant to s. 1013.35.

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

 4  of either school board or local government facilities can be

 5  shared for mutual benefit and efficiency.

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

 7  the district school board and local governments, which may

 8  include the dispute resolution processes contained in chapters

 9  164 and 186.

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

11  public participation, for the implementation of the interlocal

12  agreement.

13  

14  A signatory to the interlocal agreement may elect not to

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

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

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

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

19  the interlocal agreement. An interlocal agreement entered into

20  pursuant to this section must be consistent with the adopted

21  comprehensive plan and land development regulations of any

22  local government that is a signatory.

23         (5)  Any local government transmitting a public school

24  element to implement school concurrency pursuant to the

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

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

27  agreement to conform with the provisions of this section if

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

29  effective date of this section and remains in effect until the

30  county conducts its evaluation and appraisal report and

31  

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 1  identifies changes necessary to more fully conform to the

 2  provisions of this section.

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

 4  municipalities meeting the exemption criteria in s.

 5  163.3177(12) having no established need for a new school

 6  facility and meeting the following criteria are exempt from

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

 8         (a)  The municipality has no public schools located

 9  within its boundaries.

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

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

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

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

14  district school board must verify in writing that no new

15  school facility will be needed in the municipality within the

16  5-year and 10-year timeframes.

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

18  report, each exempt municipality shall assess the extent to

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

20  163.3177(12) subsection (6). If the municipality continues to

21  meet these criteria and the district school board verifies in

22  writing that no new school facilities will be needed within

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

24  continue to be exempt from the interlocal-agreement

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

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

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

28  5-year district facilities work program, a new school within

29  the municipality's jurisdiction.

30         Section 5.  Paragraph (a) of subsection (1), subsection

31  (2), paragraph (c) of subsection (4), subsections (5), (6),

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 1  (7), (9), (10), (13), and (15) of section 163.3180, Florida

 2  Statutes, are amended, and subsections (16) and (17) are added

 3  to that section, to read:

 4         163.3180  Concurrency.--

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

 6  water, parks and recreation, schools, and transportation

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

 8  only public facilities and services subject to the concurrency

 9  requirement on a statewide basis. Additional public facilities

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

11  statewide basis without appropriate study and approval by the

12  Legislature; however, any local government may extend the

13  concurrency requirement so that it applies to additional

14  public facilities within its jurisdiction.

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

16  sanitary sewer, solid waste, drainage, adequate water

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

18  available to serve new development no later than the issuance

19  by the local government's approval to commence construction

20  government of a certificate of occupancy or its functional

21  equivalent.

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

23  otherwise provided in this section, parks and recreation

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

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

26  local government of a certificate of occupancy or its

27  functional equivalent.  However, the acreage for such

28  facilities shall be dedicated or be acquired by the local

29  government prior to issuance by the local government of a

30  certificate of occupancy or its functional equivalent, or

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

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 1  committed no later than prior to issuance by the local

 2  government's approval to commence construction government of a

 3  certificate of occupancy or its functional equivalent.

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

 5  otherwise provided in this section, transportation facilities

 6  designated as part of the Florida Intrastate Highway System

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

 8  local government approves the commencement of construction of

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

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

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

12  construction of each stage or phase of the development.

13  issuance by the local government of a certificate of occupancy

14  or its functional equivalent. Other transportation facilities

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

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

17  local government of a certificate of occupancy or its

18  functional equivalent.

19         (4)

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

21  to transportation facilities, as implemented in local

22  government comprehensive plans, may be waived by a local

23  government for urban infill and redevelopment areas designated

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

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

26  its local government comprehensive plan.  The waiver shall be

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

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

29  concurrency exception pursuant to subsection (5) for

30  transportation facilities located within these urban infill

31  and redevelopment areas.

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

 2  circumstances dealing with transportation facilities,

 3  countervailing planning and public policy goals may come into

 4  conflict with the requirement that adequate public facilities

 5  and services be available concurrent with the impacts of such

 6  development.  The Legislature further finds that often the

 7  unintended result of the concurrency requirement for

 8  transportation facilities is the discouragement of urban

 9  infill development and redevelopment.  Such unintended results

10  directly conflict with the goals and policies of the state

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

12  exceptions from the concurrency requirement for transportation

13  facilities may be granted as provided by this subsection.

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

15  concurrency requirement for transportation facilities if the

16  proposed development is otherwise consistent with the adopted

17  local government comprehensive plan and is a project that

18  promotes public transportation or is located within an area

19  designated in the comprehensive plan for:

20         1.  Urban infill development,

21         2.  Urban redevelopment,

22         3.  Downtown revitalization, or

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

24         (c)  The Legislature also finds that developments

25  located within urban infill, urban redevelopment, existing

26  urban service, or downtown revitalization areas or areas

27  designated as urban infill and redevelopment areas under s.

28  163.2517 which pose only special part-time demands on the

29  transportation system should be excepted from the concurrency

30  requirement for transportation facilities.  A special

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

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 1  scheduled events during any calendar year and does not affect

 2  the 100 highest traffic volume hours.

 3         (d)  A local government shall establish guidelines in

 4  the comprehensive plan for granting the exceptions authorized

 5  in paragraphs (b) and (c) and subsections (7) and (15) shall

 6  be consistent with and support a comprehensive strategy

 7  adopted in the plan to promote the purpose of the exceptions.

 8         (e)  The local government shall adopt into the plan and

 9  implement strategies to support and fund mobility within the

10  designated exception area, including alternative modes of

11  transportation. The plan amendment shall also demonstrate how

12  strategies will support the purpose of the exception and how

13  mobility within the designated exception area will be

14  provided.  In addition, the strategies must address urban

15  design; appropriate land use mixes, including intensity and

16  density; and network connectivity plans needed to promote

17  urban infill, redevelopment, or downtown revitalization.  The

18  comprehensive plan amendment designating the concurrency

19  exception area shall be accompanied by data and analysis

20  justifying the size of the area.

21         (f)  Prior to the designation of concurrency exception

22  area, the Department of Transportation shall be consulted by

23  the local government to assess the impact that the proposed

24  exception area is expected to have on the adopted level of

25  service standards established for Strategic Intermodal System

26  facilities, as defined in s. 339.64. Further, the local

27  government shall, in cooperation with the Department of

28  Transportation, develop a plan to mitigate any impacts to the

29  Strategic Intermodal System, including, if appropriate, the

30  development of a long-term concurrency management system

31  pursuant to ss. 163.3177(3)(d) and 163.3180(9). in the

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 1  comprehensive plan. These guidelines must include

 2  consideration of the impacts on the Florida Intrastate Highway

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

 4  available only within the specific geographic area of the

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

 6  any affected person may challenge a plan amendment

 7  establishing these guidelines and the areas within which an

 8  exception could be granted.

 9         (g)  Transportation concurrency exception areas

10  existing prior to July 1, 2005, shall meet, at a minimum, the

11  provisions of this section by July 1, 2006, or at the time of

12  the comprehensive plan update pursuant to the evaluation and

13  appraisal report, whichever occurs last.

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

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

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

17  volume at the adopted level of service of the affected

18  transportation facility as determined by the local government.

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

20  volumes and the projected volumes from approved projects on a

21  transportation facility would exceed 110 percent of the

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

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

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

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

26  deficiency of the roadway. Local governments are encouraged to

27  adopt methodologies to encourage de minimis impacts on

28  transportation facilities within an existing urban service

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

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

31  designated hurricane evacuation routes. Each local government

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 1  shall maintain sufficient records to ensure that the

 2  110-percent criterion is not exceeded. Each local government

 3  shall submit annually, with its updated capital improvements

 4  element, a summary of the de minimus records. If the state

 5  land planning agency determines that the 110-percent criterion

 6  has been exceeded, the state land planning agency shall notify

 7  the local government of the exceedance and that no further de

 8  minimis exceptions for the applicable roadway may be granted

 9  until such time as the volume is reduced below the 110

10  percent. The local government shall provide proof of this

11  reduction to the state land planning agency before issuing

12  further de minimis exceptions.

13         (7)  In order to promote infill development and

14  redevelopment, one or more transportation concurrency

15  management areas may be designated in a local government

16  comprehensive plan. A transportation concurrency management

17  area must be a compact geographic area with an existing

18  network of roads where multiple, viable alternative travel

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

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

21  for such a transportation concurrency management area based

22  upon an analysis that provides for a justification for the

23  areawide level of service, how urban infill development or

24  redevelopment will be promoted, and how mobility will be

25  accomplished within the transportation concurrency management

26  area. Prior to the designation of a concurrency management

27  area, the Department of Transportation shall be consulted by

28  the local government to assess the impact that the proposed

29  management exception area is expected to have on the adopted

30  level of service standards established for Strategic

31  Intermodal System facilities, as defined in s. 339.64.

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 1  Further, the local government shall, in cooperation with the

 2  Department of Transportation, develop a plan to mitigate any

 3  impacts to the Strategic Intermodal System, including, if

 4  appropriate, the development of a long-term concurrency

 5  management system pursuant to ss. 163.3177(3)(d) and

 6  163.3180(9). Transportation concurrency management areas

 7  existing prior to July 1, 2005, shall meet, at a minimum, the

 8  provisions of this section by July 1, 2006, or at the time of

 9  the comprehensive plan update pursuant to the evaluation and

10  appraisal report, whichever occurs last. The state land

11  planning agency shall amend chapter 9J-5, Florida

12  Administrative Code, to be consistent with this subsection.

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

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

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

16  years for specially designated districts or areas where

17  significant backlogs exist. The plan may include interim

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

19  rely on the local government's schedule of capital

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

21  development orders that authorize commencement of construction

22  permits in these designated districts or areas. The

23  concurrency management system. It must be designed to correct

24  existing deficiencies and set priorities for addressing

25  backlogged facilities. The concurrency management system It

26  must be financially feasible and consistent with other

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

28  use map.

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

30  school facility backlog for existing development which cannot

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

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

 2  schedule of capital improvements covering of up to 15 years

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

 4  between that local government and all other similarly situated

 5  local jurisdictions, using the following factors:

 6         1.  The extent of the backlog.

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

 8  roads.

 9         3.  The cost of eliminating the backlog.

10         4.  The local government's tax and other

11  revenue-raising efforts.

12         (c)  The local government may issue approvals to

13  commence construction notwithstanding s. 163.3180, consistent

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

15  management system.

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

17  concurrency management system, it must evaluate the system

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

19  its progress toward improving levels of service within the

20  long-term concurrency management district or area in the

21  evaluation and appraisal report and determine any changes that

22  are necessary to accelerate progress in meeting acceptable

23  levels of service.

24         (10)  With regard to roadway facilities on the

25  Strategic Intermodal Florida Intrastate Highway System as

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

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

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

29  established by the local government in the comprehensive plan.

30  For all other facilities on the Florida Intrastate Highway

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

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 1  standard established by the Department of Transportation by

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

 3  governments shall establish an adequate level-of-service

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

 5  standard established by the Department of Transportation. In

 6  establishing adequate level-of-service standards for any

 7  arterial roads, or collector roads as appropriate, which

 8  traverse multiple jurisdictions, local governments shall

 9  consider compatibility with the roadway facility's adopted

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

11  local government within a county shall use a common and

12  professionally accepted methodology for measuring impacts on

13  transportation facilities for the purposes of implementing its

14  concurrency management system. Counties are encouraged to

15  coordinate with adjacent counties for the purpose of using

16  common methodologies for measuring impacts on transportation

17  facilities for the purpose of implementing their concurrency

18  management systems.

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

20  shall be established on a districtwide basis and shall include

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

22  district, whether located in a municipality or an

23  unincorporated area unless exempt from the public school

24  facilities element pursuant to s. 163.3177(12). 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, in

 5  accordance with s. 163.3180(16)(a) where adequate school

 6  facilities are not in place or under construction within 3

 7  years after subdivision or site plan approval, or its

 8  functional equivalent, the development order shall be approved

 9  if the developer executes a development order may be approved

10  if the developer executes a legally binding commitment to

11  provide mitigation proportionate to the demand for public

12  school facilities to be created by actual development of the

13  property, including, but not limited to, the options described

14  in subparagraph 1. Options for proportionate-share mitigation

15  of impacts on public school facilities shall be established in

16  the public school facilities element and the interlocal

17  agreement pursuant to s. 163.31777.

18         1.  Appropriate mitigation options include the

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

20  for land acquistion or construction of a public school

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

22  construction of a public school facility in exchange for the

23  right to sell capacity credits. Such options must include

24  execution by the applicant and the local government of a

25  binding development agreement that constitutes a legally

26  binding commitment to pay proportionate-share mitigation for

27  the additional residential units approved by the local

28  government in a development order and actually developed on

29  the property, taking into account residential density allowed

30  on the property prior to the plan amendment that increased

31  overall residential density. The district school board shall

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 1  be a party to such an agreement. As a condition of its entry

 2  into such a development agreement, the local government may

 3  require the landowner to agree to continuing renewal of the

 4  agreement upon its expiration.

 5         2.  If the education facilities plan and the public

 6  educational facilities element authorize a contribution of

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

 8  acquistion; or the construction or expansion of a public

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

10  mitigation, the local government shall credit such a

11  contribution, construction, expansion, or payment toward any

12  other impact fee or exaction imposed by local ordinance for

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

14  value.

15         3.  Any proportionate-share mitigation must be directed

16  by the school board toward a school capacity improvement

17  identified in a financially feasible 5-year district work plan

18  and which satisfies the demands created by that development in

19  accordance with a binding developer's agreement.

20         (f)  Intergovernmental coordination.--

21         1.  When establishing concurrency requirements for

22  public schools, a local government shall satisfy the

23  requirements for intergovernmental coordination set forth in

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

25  required to be a signatory to the interlocal agreement

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

27  prerequisite for imposition of school concurrency, and as a

28  nonsignatory, shall not participate in the adopted local

29  school concurrency system, if the municipality meets all of

30  the following criteria for having no significant impact on

31  school attendance:

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 1         a.  The municipality has issued development orders for

 2  fewer than 50 residential dwelling units during the preceding

 3  5 years, or the municipality has generated fewer than 25

 4  additional public school students during the preceding 5

 5  years.

 6         b.  The municipality has not annexed new land during

 7  the preceding 5 years in land use categories which permit

 8  residential uses that will affect school attendance rates.

 9         c.  The municipality has no public schools located

10  within its boundaries.

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

12  the boundaries of the municipality has been built upon.

13         2.  A municipality which qualifies as having no

14  significant impact on school attendance pursuant to the

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

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

17  163.3191 whether it continues to meet the criteria pursuant to

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

19  longer meets the criteria, it must adopt appropriate school

20  concurrency goals, objectives, and policies in its plan

21  amendments based on the evaluation and appraisal report, and

22  enter into the existing interlocal agreement required by ss.

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

24  participate in the school concurrency system.  If such a

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

26  enforcement provisions of s. 163.3191.

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

28  establishing concurrency requirements for public schools, a

29  local government must enter into an interlocal agreement that

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

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

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 1  The interlocal agreement shall acknowledge both the school

 2  board's constitutional and statutory obligations to provide a

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

 4  and the land use authority of local governments, including

 5  their authority to approve or deny comprehensive plan

 6  amendments and development orders.  The interlocal agreement

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

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

 9  with the other necessary amendments to the comprehensive plan

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

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

12  shall meet the following requirements:

13         1.  Establish the mechanisms for coordinating the

14  development, adoption, and amendment of each local

15  government's public school facilities element with each other

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

17  districtwide school concurrency system.

18         2.  Establish a process by which each local government

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

20  consistent projections of the amount, type, and distribution

21  of population growth and coordinate and share information

22  relating to existing and planned public school facilities

23  projections and proposals for development and redevelopment,

24  and infrastructure required to support public school

25  facilities.

26         2.3.  Establish a process for the development of siting

27  criteria which encourages the location of public schools

28  proximate to urban residential areas to the extent possible

29  and seeks to collocate schools with other public facilities

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

31  possible.

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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 level-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 and any options to provide sufficient

 6  capacity;

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

 8  comment on the effect of comprehensive plan amendments and

 9  rezonings on the public school facilities plan; and

10         c.  The monitoring and evaluation of the school

11  concurrency system.

12         7.8.  Include provisions relating to termination,

13  suspension, and amendment of the agreement. The agreement

14  shall provide that if the agreement is terminated or

15  suspended, the application of school concurrency shall be

16  terminated or suspended.

17         8.  A process and uniform methodology for determining

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

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

20  established under a local government comprehensive plan in

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

22  local comprehensive plan assigns secondary priority to vehicle

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

24  and attractive pedestrian environment, with convenient

25  interconnection to transit. Such districts must incorporate

26  community design features that will reduce the number of

27  automobile trips or vehicle miles of travel and will support

28  an integrated, multimodal transportation system. Prior to the

29  designation of multimodal transportation districts, the

30  Department of Transportation shall be consulted by the local

31  government to assess the impact that the proposed multimodal

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 1  district area is expected to have on the adopted level of

 2  service standards established for Strategic Intermodal System

 3  facilities, as defined in s. 339.64. Further, the local

 4  government shall, in cooperation with the Department of

 5  Transportation, develop a plan to mitigate any impacts to the

 6  Strategic Intermodal System, including the development of a

 7  long-term concurrency management system pursuant to ss.

 8  163.3177(3)(d) and 163.3180(9). Multimodal transportation

 9  districts existing prior to July 1, 2005, shall meet, at a

10  minimum, the provisions of this section by July 1, 2006, or at

11  the time of the comprehensive plan update pursuant to the

12  evaluation and appraisal report, whichever occurs last.

13         (b)  Community design elements of such a district

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

15  educational, recreational, and cultural uses; interconnected

16  networks of streets designed to encourage walking and

17  bicycling, with traffic-calming where desirable; appropriate

18  densities and intensities of use within walking distance of

19  transit stops; daily activities within walking distance of

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

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

22  and attractive for the pedestrian, with adjoining buildings

23  open to the street and with parking not interfering with

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

25         (c)  Local governments may establish multimodal

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

27  modes of transportation within the district, when justified by

28  an analysis demonstrating that the existing and planned

29  community design will provide an adequate level of mobility

30  within the district based upon professionally accepted

31  multimodal level-of-service methodologies. The analysis must

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 1  take into consideration the impact on the Florida Intrastate

 2  Highway System. The analysis must also demonstrate that the

 3  capital improvements required to promote community design are

 4  financially feasible over the development or redevelopment

 5  timeframe for the district and that community design features

 6  within the district provide convenient interconnection for a

 7  multimodal transportation system.  Local governments may issue

 8  development permits in reliance upon all planned community

 9  design capital improvements that are financially feasible over

10  the development or redevelopment timeframe for the district,

11  without regard to the period of time between development or

12  redevelopment and the scheduled construction of the capital

13  improvements.  A determination of financial feasibility shall

14  be based upon currently available funding or funding sources

15  that could reasonably be expected to become available over the

16  planning period.

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

18  access fees for development within multimodal transportation

19  districts based on the reduction of vehicle trips per

20  household or vehicle miles of travel expected from the

21  development pattern planned for the district.

22         (16)  It is the intent of the Legislature to provide an

23  alternative method by which the impacts of development can be

24  mitigated by the cooperative efforts of the public and private

25  sector with respect to transportation, including transit where

26  applicable, public schools, and parks and recreation. Any

27  methodology used to calculate proportionate share

28  contributions must ensure that a development is only assessed

29  to fund improvements to facilities or services that are

30  reasonably attributable to the impacts of such development.

31  

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 1         (a)  The local government shall authorize in its

 2  comprehensive plan mitigation methodologies to satisfy

 3  concurrency requirements as an alternative to meeting

 4  level-of-service standards. Options may include, but are not

 5  limited to, proportionate share of funds, land or public

 6  facilities necessary to accommodate any impacts having a

 7  rational nexus to the proposed development and the need to

 8  construct new facilities or add to the present system of

 9  public facilities reasonably attributable to the proposed

10  development.  A local government may not approve a development

11  under this subsection unless it can demonstrate that adequate

12  provision to relieve level-of-service pressure on the public

13  facilities needed to accommodate the impacts of the proposed

14  development have or can be made within a reasonable time.

15         (b)  The local government may authorize in its

16  comprehensive plan, methodologies to ensure that proportionate

17  share contribution is assessed for impacts created by the

18  development prior to a failure to meet level-of-service

19  standards. Any such contribution shall be used to fund

20  improvements to facilities or services to ensure that

21  level-of-service standards are maintained.

22         (c)  The comprehensive plan amendment authorizing the

23  mitigation shall designate the corridor, district, or area

24  subject to the mitigation; shall establish the methodology for

25  determining proportionate-share mitigation for development

26  impacts on such facilities; and shall establish the methods by

27  which such mitigation shall be applied to concurrency

28  requirements and implemented through the capital improvements

29  element.  The methodology shall take into account other

30  development contributions, such as impact fees, ad valorem

31  

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 1  taxes, and user fees, to ensure fair application of the

 2  mitigation requirements.

 3         (d)  Mitigation for development impacts to facilities

 4  on the Strategic Intermodal System or other facilities by the

 5  local government, which are subject to the level-of-service

 6  standard established by the Department of Transportation,

 7  shall require the concurrence of the Department of

 8  Transportation.

 9         (e)  Mitigation for development impacts to public

10  schools shall require the concurrence of the local school

11  board.

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

13  163.3184, Florida Statutes, to read:

14         163.3184  Process for adoption of comprehensive plan or

15  plan amendment.--

16         (17)  A local government that has adopted a community

17  vision and urban service boundary under s. 163.31773 may adopt

18  a plan amendment related to map amendments solely to property

19  within an urban service boundary in the manner described in

20  subsections (1), (2), (7), (14), (15), and (16) and s.

21  163.3187, such that state and regional agency review is

22  eliminated. The department may not issue an objections,

23  recommendations, and comments report on proposed plan

24  amendments or a notice of intent on adopted plan amendments;

25  however, affected persons, as defined by paragraph (1)(a), may

26  file a petition for administrative review pursuant to the

27  requirements of s. 163.3187(3)(a) to challenge the compliance

28  of an adopted plan amendment.  This subsection does not apply

29  to a text change to the goals, policies, or objectives of the

30  local government's comprehensive plan. Amendments submitted

31  

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 1  under this subsection are exempt from the limitation on the

 2  frequency of plan amendments in s. 163.3187.

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

 4  163.3191, Florida Statutes, are amended to read:

 5         163.3191  Evaluation and appraisal of comprehensive

 6  plan.--

 7         (2)  The report shall present an evaluation and

 8  assessment of the comprehensive plan and shall contain

 9  appropriate statements to update the comprehensive plan,

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

11  other media, related to:

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

13  including annexation, since the adoption of the original plan

14  or the most recent update amendments.

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

16         (c)  The financial feasibility of implementing the

17  comprehensive plan and of providing needed infrastructure to

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

19  sustain concurrency management systems through the capital

20  improvements element, as well as the ability to address

21  infrastructure backlogs and meet the demands of growth on

22  public services and facilities.

23         (d)  The location of existing development in relation

24  to the location of development as anticipated in the original

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

26  and appraisal report update amendments, such as within areas

27  designated for urban growth.

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

29  jurisdiction and, where pertinent, the potential social,

30  economic, and environmental impacts.

31  

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

 2  the requirements of this part, the minimum criteria contained

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

 4  appropriate strategic regional policy plan since the adoption

 5  of the original plan or the most recent evaluation and

 6  appraisal report update amendments.

 7         (g)  An assessment of whether the plan objectives

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

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

10  identification as to whether unforeseen or unanticipated

11  changes in circumstances have resulted in problems or

12  opportunities with respect to major issues identified in each

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

14  the issue.

15         (h)  A brief assessment of successes and shortcomings

16  related to each element of the plan.

17         (i)  The identification of any actions or corrective

18  measures, including whether plan amendments are anticipated to

19  address the major issues identified and analyzed in the

20  report.  Such identification shall include, as appropriate,

21  new population projections, new revised planning timeframes, a

22  revised future conditions map or map series, an updated

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

24  objectives, and policies for major issues identified within

25  each element.  This paragraph shall not require the submittal

26  of the plan amendments with the evaluation and appraisal

27  report.

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

29  activities undertaken by the local government in preparing the

30  report.

31  

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 1         (k)  The coordination of the comprehensive plan with

 2  existing public schools and those identified in the applicable

 3  educational facilities plan adopted pursuant to s. 1013.35.

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

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

 6  associated planned residential development with public schools

 7  and their capacities, as well as the joint decisionmaking

 8  processes engaged in by the local government and the school

 9  board in regard to establishing appropriate population

10  projections and the planning and siting of public school

11  facilities. For those counties or municipalities that do not

12  have a public schools interlocal agreement or public school

13  facility element, the assessment shall determine whether the

14  local government continues to meet the criteria of s.

15  163.3177(12). If the county or municipality determines that it

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

17  concurrency goals, objectives, and policies in its plan

18  amendments pursuant to the requirements of the public school

19  facility element, and enter into the existing interlocal

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

21  order to fully participate in the school concurrency system.

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

23  demonstrate that they are not relevant.

24         (l)  The report must evaluate whether the local

25  government has been successful in identifying water supply

26  sources, including conservation and reuse, necessary to meet

27  existing and projected water use demand for the comprehensive

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

29  evaluated in the report must be consistent with evaluation

30  must consider the appropriate water management district's

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

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 1  The report must evaluate the degree to which the local

 2  government has implemented the work plan for water supply

 3  facilities included in the potable water element. The potable

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

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

 6  supply facilities that are identified in the element as

 7  necessary to serve existing and new development and for which

 8  the local government is responsible.

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

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

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

12  property rights of current residents when redevelopment

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

14  a natural disaster. The property rights of current residents

15  shall be balanced with public safety considerations. The local

16  government must identify strategies to address redevelopment

17  feasibility and the property rights of affected residents.

18  These strategies may include the authorization of

19  redevelopment up to the actual built density in existence on

20  the property prior to the natural disaster or redevelopment.

21         (n)  An assessment of whether the criteria adopted

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

23  compatibility with military installations.

24         (o)  The extent to which a concurrency exception area

25  designated pursuant to s. 163.3180(5), a concurrency

26  management area designated pursuant to s. 163.3180(7), or a

27  multimodal district designated pursuant to s. 163.3180(15) has

28  achieved the purpose for which it was created and otherwise

29  complies with the provisions of s. 163.3180.

30         (p)  An assessment of the extent to which changes are

31  needed to develop a common methodology for measuring impacts

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 1  on transportation facilities for the purpose of implementing

 2  its concurrency management system in coordination with the

 3  municipalities and counties, as appropriate pursuant to s.

 4  163.3180(10).

 5         (10)  The governing body shall amend its comprehensive

 6  plan based on the recommendations in the report and shall

 7  update the comprehensive plan based on the components of

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

 9  163.3187, and 163.3189.  Amendments to update a comprehensive

10  plan based on the evaluation and appraisal report shall be

11  adopted during a single amendment cycle within 18 months after

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

13  planning agency, except the state land planning agency may

14  grant an extension for adoption of a portion of such

15  amendments.  The state land planning agency may grant a

16  6-month extension for the adoption of such amendments if the

17  request is justified by good and sufficient cause as

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

19  granted if the request will result in greater coordination

20  between transportation and land use, for the purposes of

21  improving Florida's transportation system, as determined by

22  the agency in coordination with the Metropolitan Planning

23  Organization program.  Failure to timely adopt update

24  amendments to the comprehensive plan based on the evaluation

25  and appraisal report shall result in a local government being

26  prohibited from adopting amendments to the comprehensive plan

27  until the evaluation and appraisal report update amendments

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

29  planning agency. The prohibition on plan amendments shall

30  commence when the update amendments to the comprehensive plan

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

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

 2  after the effective date of the update amendments to the

 3  comprehensive plan, the local government shall provide to the

 4  state land planning agency and to all agencies designated by

 5  rule a complete copy of the updated comprehensive plan.

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

 7  (2), (3), and (6) of section 212.055, Florida Statutes, are

 8  amended to read:

 9         212.055  Discretionary sales surtaxes; legislative

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

11  legislative intent that any authorization for imposition of a

12  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

19  be expended; and such other requirements as the Legislature

20  may provide.  Taxable transactions and administrative

21  procedures shall be as provided in s. 212.054.

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

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

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

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

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

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

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

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

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

31  noncharter county or a charter county has updated its capital

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 1  improvement element no earlier than 2005 and if its

 2  comprehensive plan has been determined to be in compliance,

 3  the noncharter county or charter county may levy a

 4  discretionary sales surtax pursuant to this subsection by

 5  majority vote of the membership of its governing body or

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

 7  used by the county to fund regionally-significant

 8  transportation projects identified in the regional

 9  transportation plan developed in accordance with an interlocal

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

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

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

13  infrastructure funding. A charter county may levy a surtax

14  under both this subparagraph and subparagraph 1. for a

15  combined rate up to 1 percent.

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

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

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

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

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

21  the governing body.

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

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

24  combination the county commission deems appropriate:

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

26  be used for the purposes of development, construction,

27  equipment, maintenance, operation, supportive services,

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

29  fixed guideway rapid transit system;

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

31  expressway or transportation authority created by law to be

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

 2  development, construction, operation, or maintenance of roads

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

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

 5  existing bonds issued for the construction of such roads or

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

 7  proceeds may be pledged for bonds issued to refinance existing

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

 9  or bridges;

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

11  construction, operation, and maintenance of roads and bridges

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

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

14  principal and interest on bonds issued for the construction of

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

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

17  body of the county for bonds issued to refinance existing

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

19  guideway rapid transit systems, bus systems, roads, or bridges

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

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

22  development, construction, operation, and maintenance of roads

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

24  expansion, operation, and maintenance of bus and fixed

25  guideway systems; and for the payment of principal and

26  interest on bonds issued for the construction of fixed

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

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

29  body of the county for bonds issued to refinance existing

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

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

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 1  bridges. Pursuant to an interlocal agreement entered into

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

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

 4  or an expressway or transportation authority created by law to

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

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

 7  no interlocal agreement with a municipality, distribution of

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

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

10  218.62.

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

12  transportation projects identified in a regional

13  transportation plan developed in accordance with an interlocal

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

15  contiguous metropolitan planning organizations; one or more

16  metropolitan planning organizations and one or more contiguous

17  counties that are not members of a metropolitan planning

18  organization; a multicounty regional transportation authority

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

20  counties; or metropolitan planning organizations comprised of

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

22  compliance with part II of chapter 163 after the effective

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

24  management system adopted by a local government in accordance

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

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

27  supplement, not supplant, existing infrastructure funding. In

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

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

30         1.  An advisory board must be created to make

31  recommendations to the board of county commissioners regarding

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 1  infrastructure projects to address the needs of the community.

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

 3  advisory board who represent the diversity of the community

 4  and shall include individuals having an interest in business,

 5  finance and accounting, economic development, the environment,

 6  transportation, municipal government, education, and public

 7  safety and growth management professionals. Based on the

 8  estimated amount of the surtax collections, the advisory board

 9  must conduct at least two public workshops to develop a

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

11  existing infrastructure deficits identified in a long-term

12  concurrency management system adopted by a local government in

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

14  capital improvements element. A quorum shall consist of a

15  majority of the advisory board members and is necessary to

16  take any action regarding recommendations to the governing

17  board of the local government. The board of county

18  commissioners shall provide staff support to the advisory

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

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

21         2.  After the advisory board submits the project list

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

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

24  of the intent to add additional projects or remove projects

25  recommended by the advisory board. Actions to amend the

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

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

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

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

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

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

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

 2  the recommended project list, it may adopt the proposed

 3  project list at a public meeting following public notice of

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

 5         4.  The capital improvement schedule of the local

 6  government comprehensive plan shall be updated to reflect the

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

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

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

10  ordinance. The board of county commissioners shall conduct a

11  public hearing to allow for public input on the proposed

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

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

14  adopted.

15         6.  Once the ordinance adopting the surtax has been

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

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

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

19  removing projects from the list. The board of county

20  commissioners must take public testimony on the proposal.

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

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

23  subsequent noticed public meeting that must be held at least

24  14 days after the meeting at which the proposed changes to the

25  project list were discussed.

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

27  monitor the expenditure of the tax proceeds and shall hold

28  semiannual meetings. The advisory board shall also monitor

29  whether the county has maintained or increased the level of

30  infrastructure expenditures over the previous 5 years.

31  

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

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

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

 4  Municipalities within a charter county that levies the surtax

 5  by majority vote may not receive surtax proceeds unless they

 6  have also completed these requirements. Surtax proceeds may

 7  only be expended within an urban service boundary.

 8         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

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

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

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

12  majority of the members of the county governing authority or

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

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

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

16  population adopt uniform resolutions establishing the rate of

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

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

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

20  county voting in the referendum on the surtax.

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

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

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

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

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

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

27  county voting in a referendum on the surtax.

28         (b)  A statement which includes a brief general

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

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

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

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

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

 3  municipalities representing a majority of the county's

 4  population adopt uniform resolutions calling for a referendum

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

 6  ballot:

 7  

 8        ....FOR the               ....-cent sales tax

 9        ....AGAINST the           ....-cent sales tax

10  

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

12  surtax levied under this subsection shall be distributed to

13  the county and the municipalities within such county in which

14  the surtax was collected, according to:

15         1.  An interlocal agreement between the county

16  governing authority and the governing bodies of the

17  municipalities representing a majority of the county's

18  municipal population, which agreement may include a school

19  district with the consent of the county governing authority

20  and the governing bodies of the municipalities representing a

21  majority of the county's municipal population; or

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

23  the formula provided in s. 218.62.

24  

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

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

27  written notification of that change has been made to the

28  department.

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

30  subsection and any interest accrued thereto shall be expended

31  by the school district or within the county and municipalities

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

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

 3  construct infrastructure and to acquire land for public

 4  recreation or conservation or protection of natural resources

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

 6  owned solid waste landfills that are already closed or are

 7  required to close by order of the Department of Environmental

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

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

10  Neither the proceeds nor any interest accrued thereto shall be

11  used for operational expenses of any infrastructure, except

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

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

14  Environmental Protection may use the proceeds or any interest

15  accrued thereto for long-term maintenance costs associated

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

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

18  any interest accrued thereto to retire or service indebtedness

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

20  infrastructure purposes, and for bonds subsequently issued to

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

22  purposes of retiring or servicing indebtedness incurred for

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

24         2.  For the purposes of this paragraph,

25  "infrastructure" means:

26         a.  Any fixed capital expenditure or fixed capital

27  outlay associated with the construction, reconstruction, or

28  improvement of public facilities which have a life expectancy

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

30  design, and engineering costs related thereto.

31  

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 1         b.  A fire department vehicle, an emergency medical

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

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

 4  necessary to outfit the vehicle for its official use or

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

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

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

 8  facilities as defined in s. 29.008.

 9         3.  Notwithstanding any other provision of this

10  subsection, a discretionary sales surtax imposed or extended

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

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

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

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

15  economic development projects of a general public purpose

16  targeted to improve local economies, including the funding of

17  operational costs and incentives related to such economic

18  development. The ballot statement must indicate the intention

19  to make an allocation under the authority of this

20  subparagraph.

21         (e)  School districts, counties, and municipalities

22  receiving proceeds under the provisions of this subsection may

23  pledge such proceeds for the purpose of servicing new bond

24  indebtedness incurred pursuant to law. Local governments may

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

26  Board of Administration pursuant to the State Bond Act to

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

28  no case may a jurisdiction issue bonds pursuant to this

29  subsection more frequently than once per year. Counties and

30  municipalities may join together for the issuance of bonds

31  authorized by this subsection.

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

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

 3  designated as an area of critical state concern on the

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

 5  July 1, 1992, may use the proceeds and interest of the surtax

 6  for any public purpose if:

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

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

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

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

11  ordinance pursuant to the procedure provided in s. 125.66

12  authorizing additional uses of the surtax proceeds and

13  interest.

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

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

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

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

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

19  surtax for any purpose other than an infrastructure purpose

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

21  comprehensive plan has been determined to be in compliance

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

23  an amendment to its surtax ordinance or resolution pursuant to

24  the procedure provided in s. 166.041 authorizing additional

25  uses of the surtax proceeds and interest.  Such municipality

26  may expend the surtax proceeds and interest for any public

27  purpose authorized in the amendment.

28         3.  Those counties designated as an area of critical

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

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

31  

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 1  for any public purpose other than for infrastructure purposes

 2  authorized by this section.

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

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

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

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

 7  which an infrastructure surtax referendum is placed before the

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

 9  the proceeds and interest of the surtax for operation and

10  maintenance of parks and recreation programs and facilities

11  established with the proceeds of the surtax throughout the

12  duration of the surtax levy or while interest earnings

13  accruing from the proceeds of the surtax are available for

14  such use, whichever period is longer.

15         (h)  Notwithstanding any other provision of this

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

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

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

19  small county may levy the local option sales surtax authorized

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

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

22  used to supplement, not supplant, existing infrastructure

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

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

25  process:

26         1.  An advisory board must be created to make

27  recommendations to the board of county commissioners regarding

28  infrastructure projects to address the needs of the community.

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

30  advisory board who represent the diversity of the community

31  and shall include individuals having an interest in business,

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 1  economic development, the environment, transportation,

 2  municipal government, education, and public safety and growth

 3  management professionals. Based on the estimated amount of the

 4  surtax collections, the advisory board must conduct at least

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

 6  be given to projects that address existing infrastructure

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

 8  board members and is necessary to take any action regarding

 9  recommendations to the governing board of the local

10  government. The board of county commissioners shall provide

11  staff support to the advisory board. All advisory board

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

13  shall be available to the public.

14         2.  After the advisory board submits the project list

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

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

17  of the intent to add additional projects or remove projects

18  recommended by the advisory board. Actions to amend the

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

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

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

22  the project list must be given and the list must be approved

23  at a subsequent public meeting that may not be held sooner

24  than 14 days after the meeting at which the list was amended.

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

26  the recommended project list, it may adopt the proposed

27  project list at a public meeting following public notice of

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

29         4.  The capital improvement schedule of the local

30  government comprehensive plan shall be updated to reflect the

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

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

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

 3  ordinance. The board of county commissioners shall conduct a

 4  public hearing to allow for public input on the proposed

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

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

 7  adopted.

 8         6.  Once the ordinance adopting the surtax has been

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

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

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

12  removing projects from the list. The board of county

13  commissioners must take public testimony on the proposal.

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

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

16  subsequent noticed public meeting that must be held at least

17  14 days after the meeting at which the proposed changes to the

18  project list were discussed.

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

20  monitor the expenditure of the tax proceeds and shall hold

21  semiannual meetings. The advisory board shall also monitor

22  whether the county has maintained or increased the level of

23  infrastructure expenditures over the previous 5 years.

24         (j)  A county may not levy this surtax by majority vote

25  of the governing body unless it has established an urban

26  service boundary under s. 163.3177(14) and has completed the

27  visioning requirements of s. 163.3177(13). Municipalities

28  within a county that levies the surtax by a majority vote may

29  not receive surtax proceeds unless they have also completed

30  these requirements. Surtax proceeds may only be expended

31  within an urban service boundary.

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 1         (3)  SMALL COUNTY SURTAX.--

 2         (a)  The governing authority in each county that has a

 3  population of 50,000 or less on April 1, 1992, may levy a

 4  discretionary sales surtax of 0.5 percent or 1 percent.  The

 5  levy of the surtax shall be pursuant to ordinance enacted by

 6  an extraordinary vote of the members of the county governing

 7  authority if the surtax revenues are expended for operating

 8  purposes.  If the surtax revenues are expended for the purpose

 9  of servicing bond indebtedness, the surtax shall be approved

10  by a majority of the electors of the county voting in a

11  referendum on the surtax.

12         (b)  A statement that includes a brief general

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

14  conforms to the requirements of s. 101.161 shall be placed on

15  the ballot by the governing authority of any county that

16  enacts an ordinance calling for a referendum on the levy of

17  the surtax for the purpose of servicing bond indebtedness.

18  The following question shall be placed on the ballot:

19  

20        ....FOR the               ....-cent sales tax

21        ....AGAINST the           ....-cent sales tax

22  

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

24  surtax levied under this subsection shall be distributed to

25  the county and the municipalities within the county in which

26  the surtax was collected, according to:

27         1.  An interlocal agreement between the county

28  governing authority and the governing bodies of the

29  municipalities representing a majority of the county's

30  municipal population, which agreement may include a school

31  district with the consent of the county governing authority

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 1  and the governing bodies of the municipalities representing a

 2  majority of the county's municipal population; or

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

 4  the formula provided in s. 218.62.

 5  

 6  Any change in the distribution formula shall take effect on

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

 8  written notification of that change has been made to the

 9  department.

10         (d)1.  If the surtax is levied pursuant to a

11  referendum, the proceeds of the surtax and any interest

12  accrued thereto may be expended by the school district or

13  within the county and municipalities within the county, or, in

14  the case of a negotiated joint county agreement, within

15  another county, for the purpose of servicing bond indebtedness

16  to finance, plan, and construct infrastructure and to acquire

17  land for public recreation or conservation or protection of

18  natural resources.  However, if the surtax is levied pursuant

19  to an ordinance approved by an extraordinary vote of the

20  members of the county governing authority, the proceeds and

21  any interest accrued thereto may be used for operational

22  expenses of any infrastructure or for any public purpose

23  authorized in the ordinance under which the surtax is levied.

24         2.  For the purposes of this paragraph,

25  "infrastructure" means any fixed capital expenditure or fixed

26  capital costs associated with the construction,

27  reconstruction, or improvement of public facilities that have

28  a life expectancy of 5 or more years and any land acquisition,

29  land improvement, design, and engineering costs related

30  thereto.

31  

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 1         (e)  A school district, county, or municipality that

 2  receives proceeds under this subsection following a referendum

 3  may pledge the proceeds for the purpose of servicing new bond

 4  indebtedness incurred pursuant to law. Local governments may

 5  use the services of the Division of Bond Finance pursuant to

 6  the State Bond Act to issue any bonds through the provisions

 7  of this subsection.  A jurisdiction may not issue bonds

 8  pursuant to this subsection more frequently than once per

 9  year.  A county and municipality may join together to issue

10  bonds authorized by this subsection.

11         (f)  Notwithstanding any other provision of this

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

13  authorized in this subsection and subsection subsections (2),

14  (4), and (5) in excess of a combined rate of 1 percent.

15         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

16         (a)  The school board in each county may levy, pursuant

17  to resolution conditioned to take effect only upon approval by

18  a majority vote of the electors of the county voting in a

19  referendum or by majority vote of the school board, a

20  discretionary sales surtax at a rate that may not exceed 0.5

21  percent.

22         (b)  The resolution shall include a statement that

23  provides a brief and general description of the school capital

24  outlay projects to be funded by the surtax. The statement

25  shall conform to the requirements of s. 101.161 and shall be

26  placed on the ballot by the governing body of the county. The

27  following question shall be placed on the ballot:

28  

29        ....FOR THE               ....CENTS TAX

30        ....AGAINST THE           ....CENTS TAX

31  

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 1         (c)  The resolution providing for the imposition of the

 2  surtax shall set forth a plan for use of the surtax proceeds

 3  for fixed capital expenditures or fixed capital costs

 4  associated with the construction, reconstruction, or

 5  improvement of school facilities and campuses which have a

 6  useful life expectancy of 5 or more years, and any land

 7  acquisition, land improvement, design, and engineering costs

 8  related thereto. Additionally, the plan shall include the

 9  costs of retrofitting and providing for technology

10  implementation, including hardware and software, for the

11  various sites within the school district.  Surtax revenues may

12  be used for the purpose of servicing bond indebtedness to

13  finance projects authorized by this subsection, and any

14  interest accrued thereto may be held in trust to finance such

15  projects. Neither the proceeds of the surtax nor any interest

16  accrued thereto shall be used for operational expenses.

17         (d)  Any school board receiving proceeds from imposing

18  the surtax shall implement a freeze on noncapital local school

19  property taxes, at the millage rate imposed in the year prior

20  to the implementation of the surtax, for a period of at least

21  3 years from the date of imposition of the surtax.  This

22  provision shall not apply to existing debt service or required

23  state taxes.

24         (e)  Surtax revenues collected by the Department of

25  Revenue pursuant to this subsection shall be distributed to

26  the school board imposing the surtax in accordance with law.

27         (f)  Surtaxes imposed by majority vote must be used to

28  supplement, not supplant, existing school capital outlay

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

30  the school board, the board must go through the following

31  process:

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 1         1.  An advisory board must be created to make

 2  recommendations to the school board regarding the use of the

 3  surtax proceeds for fixed capital expenditures or fixed

 4  capital costs associated with the construction,

 5  reconstruction, or improvement of school facilities and

 6  campuses that have a useful life expectancy of 5 or more years

 7  and any land acquisition, land improvement, design, and

 8  engineering costs related thereto. The school board shall

 9  appoint members to the advisory board who represent the

10  diversity of the community and shall include individuals with

11  an interest in business, economic development, the

12  environment, municipal government, education, and public

13  safety and growth management professionals. Based on the

14  estimated amount of the surtax collections, the advisory board

15  will conduct at least two public workshops to develop a

16  project list.  A quorum shall consist of a majority of the

17  advisory board members and is necessary to take any action

18  regarding recommendations to the school board. The school

19  board shall provide staff support to the advisory board. All

20  advisory board meetings are open to the public, and minutes of

21  the meetings shall be available to the public. The advisory

22  board shall submit the project list to the school board. The

23  school board must adopt or amend the project list by

24  resolution, and must submit the resolution to the board of

25  county commissioners.

26         2.  After the advisory board submits the project list

27  to the school board, it may be amended by the school board

28  only in the following fashion. 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 must be approved at a subsequent

 2  meeting. Notice of the intent to adopt the project list must

 3  be given and the project list must be approved at a subsequent

 4  public meeting that cannot be held sooner than 14 days after

 5  the meeting at which the list was amended.

 6         3.  If the school board does not amend the recommended

 7  project list, it may adopt the proposed project list at a

 8  public meeting following public notice of the intent to adopt

 9  the recommendations of the advisory board.

10         4.  Once the project list has been adopted, the school

11  board may give notice of the intent to adopt the surtax by

12  resolution. The school board shall conduct a public hearing to

13  allow for public input on the proposed surtax. Enacting the

14  resolution for the surtax and adopting the project list may

15  not be accomplished at the same meeting.

16         5.  Once the resolution adopting the surtax has been

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

18  manner. The school board must give notice of the intent to

19  hold a public hearing to discuss adding or removing projects

20  from the list. The school board must take public testimony on

21  the proposal.  Action may not be taken at that meeting with

22  regards to the proposal to amend the project list. Action may

23  be taken at a subsequent noticed public meeting that must be

24  held at least 14 days after the meeting at which the proposed

25  changes to the project list were discussed.

26         6.  If the tax is implemented, the advisory board shall

27  monitor the expenditure of the tax proceeds and shall hold

28  semiannual meetings. The advisory board shall also monitor

29  whether the school board has maintained or increased the level

30  of school capital outlay expenditures over the previous 5

31  years.

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 1         (g)  If the surtax is levied by a majority vote of the

 2  school board, the school board shall use due diligence and

 3  sound business practices in the design, construction, and use

 4  of educational facilities and may not exceed the maximum

 5  cost-per-student station established in s. 1013.72(2).

 6         Section 9.  Subsection (1) of section 206.41, Florida

 7  Statutes, is amended to read:

 8         206.41  State taxes imposed on motor fuel.--

 9         (1)  The following taxes are imposed on motor fuel

10  under the circumstances described in subsection (6):

11         (a)  An excise or license tax of 2 cents per net

12  gallon, which is the tax as levied by s. 16, Art. IX of the

13  State Constitution of 1885, as amended, and continued by s.

14  9(c), Art. XII of the 1968 State Constitution, as amended,

15  which is therein referred to as the "second gas tax," and

16  which is hereby designated the "constitutional fuel tax."

17         (b)  An additional tax of 1 cent per net gallon, which

18  is designated as the "county fuel tax" and which shall be used

19  for the purposes described in s. 206.60.

20         (c)  An additional tax of 1 cent per net gallon, which

21  is designated as the "municipal fuel tax" and which shall be

22  used for the purposes described in s. 206.605.

23         (d)1.  An additional tax of 1 cent per net gallon may

24  be imposed by each county on motor fuel, which shall be

25  designated as the "ninth-cent fuel tax."  This tax shall be

26  levied and used as provided in s. 336.021.

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         (e)1.  An additional tax of between 1 cent and 11 cents

 9  per net gallon may be imposed on motor fuel by each county,

10  which shall be designated as the "local option fuel tax."

11  This tax shall be levied and used as provided in s. 336.025.

12         2.  Beginning January 1, 2006, and on January 1 of each

13  year thereafter, the tax rate set forth in subparagraph 1.

14  shall be adjusted by the percentage change in the average

15  consumer price index issued by the United States Department of

16  Labor for the most recent 12-month period ending September 30,

17  compared to the base year, which is the 12-month period ending

18  September 30, 2005, and rounded to the nearest tenth of a

19  cent.

20         3.  The department shall notify each terminal supplier,

21  position holder, wholesaler, and importer of the tax rate

22  applicable under this paragraph for the 12-month period

23  beginning January 1.

24         (f)1.  An additional tax designated as the State

25  Comprehensive Enhanced Transportation System Tax is imposed on

26  each net gallon of motor fuel in each county.  This tax shall

27  be levied and used as provided in s. 206.608.

28         2.  The rate of the tax in each county shall be equal

29  to two-thirds of the lesser of the sum of the taxes imposed on

30  motor fuel pursuant to paragraphs (d) and (e) in such county

31  or 6 cents, rounded to the nearest tenth of a cent.

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 1         3.  Beginning January 1, 1992, and on January 1 of each

 2  year thereafter, the tax rate provided in subparagraph 2.

 3  shall be adjusted by the percentage change in the average of

 4  the Consumer Price Index issued by the United States

 5  Department of Labor for the most recent 12-month period ending

 6  September 30, compared to the base year average, which is the

 7  average for the 12-month period ending September 30, 1990, and

 8  rounded to the nearest tenth of a cent.

 9         4.  The department shall notify each terminal supplier,

10  position holder, wholesaler, and importer of the tax rate

11  applicable under this paragraph for the 12-month period

12  beginning January 1.

13         (g)1.  An additional tax is imposed on each net gallon

14  of motor fuel, which tax is on the privilege of selling motor

15  fuel and which is designated the "fuel sales tax," at a rate

16  determined pursuant to this paragraph. Before January 1 of

17  1997, and of each year thereafter, the department shall

18  determine the tax rate applicable to the sale of fuel for the

19  forthcoming 12-month period beginning January 1, rounded to

20  the nearest tenth of a cent, by adjusting the initially

21  established tax rate of 6.9 cents per gallon by the percentage

22  change in the average of the Consumer Price Index issued by

23  the United States Department of Labor for the most recent

24  12-month period ending September 30, compared to the base year

25  average, which is the average for the 12-month period ending

26  September 30, 1989. However, the tax rate shall not be lower

27  than 6.9 cents per gallon.

28         2.  The department is authorized to adopt rules and

29  adopt such forms as may be necessary for the administration of

30  this paragraph.

31  

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 1         3.  The department shall notify each terminal supplier,

 2  position holder, wholesaler, and importer of the tax rate

 3  applicable under this paragraph for the 12-month period

 4  beginning January 1.

 5         Section 10.  Effective January 1, 2006, paragraph (a)

 6  of subsection (1) of section 336.021, Florida Statutes, is

 7  amended to read:

 8         336.021  County transportation system; levy of

 9  ninth-cent fuel tax on motor fuel and diesel fuel.--

10         (1)(a)  Any county in the state, by majority or

11  extraordinary vote of the membership of its governing body or

12  subject to a referendum, may levy the tax imposed by ss.

13  206.41(1)(d) and 206.87(1)(b). County and municipal

14  governments may use the moneys received under this paragraph

15  only for transportation expenditures as defined in s.

16  336.025(7). A county may not levy this surtax by majority vote

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

18  under s. 163.3177(13). Municipalities within a county that

19  levies the surtax by a majority vote may not receive surtax

20  proceeds unless they have also completed this requirement.

21         Section 11.  Paragraph (b) of subsection (1) of section

22  336.025, Florida Statutes, is amended to read:

23         336.025  County transportation system; levy of local

24  option fuel tax on motor fuel and diesel fuel.--

25         (1)

26         (b)  In addition to other taxes allowed by law, there

27  may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent,

28  3-cent, 4-cent, or 5-cent local option fuel tax upon every

29  gallon of motor fuel sold in a county and taxed under the

30  provisions of part I of chapter 206. The tax shall be levied

31  by an ordinance adopted by a majority or majority plus one

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 1  vote of the membership of the governing body of the county or

 2  by referendum.

 3         1.  All impositions and rate changes of the tax shall

 4  be levied before July 1, to be effective January 1 of the

 5  following year. However, levies of the tax which were in

 6  effect on July 1, 2002, and which expire on August 31 of any

 7  year may be reimposed at the current authorized rate effective

 8  September 1 of the year of expiration.

 9         2.  The county may, prior to levy of the tax, establish

10  by interlocal agreement with one or more municipalities

11  located therein, representing a majority of the population of

12  the incorporated area within the county, a distribution

13  formula for dividing the entire proceeds of the tax among

14  county government and all eligible municipalities within the

15  county. If no interlocal agreement is adopted before the

16  effective date of the tax, tax revenues shall be distributed

17  pursuant to the provisions of subsection (4). If no interlocal

18  agreement exists, a new interlocal agreement may be

19  established prior to June 1 of any year pursuant to this

20  subparagraph. However, any interlocal agreement agreed to

21  under this subparagraph after the initial levy of the tax or

22  change in the tax rate authorized in this section shall under

23  no circumstances materially or adversely affect the rights of

24  holders of outstanding bonds which are backed by taxes

25  authorized by this paragraph, and the amounts distributed to

26  the county government and each municipality shall not be

27  reduced below the amount necessary for the payment of

28  principal and interest and reserves for principal and interest

29  as required under the covenants of any bond resolution

30  outstanding on the date of establishment of the new interlocal

31  agreement.

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 1         3.  County and municipal governments shall use moneys

 2  received pursuant to this paragraph for transportation

 3  expenditures needed to meet the requirements of the capital

 4  improvements element of an adopted comprehensive plan or for

 5  expenditures needed to meet immediate local transportation

 6  problems and for other transportation-related expenditures

 7  that are critical for building comprehensive roadway networks

 8  by local governments. For purposes of this paragraph,

 9  expenditures for the construction of new roads, the

10  reconstruction or resurfacing of existing paved roads, or the

11  paving of existing graded roads shall be deemed to increase

12  capacity and such projects shall be included in the capital

13  improvements element of an adopted comprehensive plan.

14  Expenditures for purposes of this paragraph shall not include

15  routine maintenance of roads.

16         4.  A county may not levy this surtax by majority vote

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

18  under s. 163.3177(13). Municipalities within a county that

19  levies the surtax by a majority vote may not receive surtax

20  proceeds unless they have also completed this requirement.

21         Section 12.  Paragraph (b) of subsection (4) of section

22  339.135, Florida Statutes, is amended to read:

23         339.135  Work program; legislative budget request;

24  definitions; preparation, adoption, execution, and

25  amendment.--

26         (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--

27         (b)1.  A tentative work program, including the ensuing

28  fiscal year and the successive 4 fiscal years, shall be

29  prepared for the State Transportation Trust Fund and other

30  funds managed by the department, unless otherwise provided by

31  law.  The tentative work program shall be based on the

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 1  district work programs and shall set forth all projects by

 2  phase to be undertaken during the ensuing fiscal year and

 3  planned for the successive 4 fiscal years. The total amount of

 4  the liabilities accruing in each fiscal year of the tentative

 5  work program may not exceed the revenues available for

 6  expenditure during the respective fiscal year based on the

 7  cash forecast for that respective fiscal year.

 8         2.  The tentative work program shall be developed in

 9  accordance with the Florida Transportation Plan required in s.

10  339.155 and must comply with the program funding levels

11  contained in the program and resource plan.

12         3.  The department may include in the tentative work

13  program proposed changes to the programs contained in the

14  previous work program adopted pursuant to subsection (5);

15  however, the department shall minimize changes and adjustments

16  that affect the scheduling of project phases in the 4 common

17  fiscal years contained in the previous adopted work program

18  and the tentative work program.  The department, in the

19  development of the tentative work program, shall advance by 1

20  fiscal year all projects included in the second year of the

21  previous year's adopted work program, unless the secretary

22  specifically determines that it is necessary, for specific

23  reasons, to reschedule or delete one or more projects from

24  that year.  Such changes and adjustments shall be clearly

25  identified, and the effect on the 4 common fiscal years

26  contained in the previous adopted work program and the

27  tentative work program shall be shown.  It is the intent of

28  the Legislature that the first 5 years of the adopted work

29  program for facilities designated as part of the Florida

30  Intrastate Highway System and the first 3 years of the adopted

31  work program stand as the commitment of the state to undertake

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 1  transportation projects that local governments may rely on for

 2  planning and concurrency purposes and in the development and

 3  amendment of the capital improvements elements of their local

 4  government comprehensive plans.

 5         4.  The tentative work program must include a balanced

 6  36-month forecast of cash and expenditures and a 5-year

 7  finance plan supporting the tentative work program.

 8         Section 13.  The Office of Program Policy Analysis and

 9  Government Accountability shall perform a study on adjustments

10  to the boundaries of Florida Regional Planning Councils,

11  Florida Water Management Districts, and Department of

12  Transportation Districts. The purpose of this study is to

13  organize these regional boundaries to be more coterminous with

14  one another, creating a more unified system of regional

15  boundaries. This study must be completed by December 31, 2005,

16  and submitted to the President of the Senate, the Speaker of

17  the House of Representatives, and the Governor by January 15,

18  2006.

19         Section 14.  Section 163.3247, Florida Statutes, is

20  created to read:

21         163.3247  Century Commission.--

22         (1)  POPULAR NAME.--This section may be cited as the

23  "Century Commission Act."

24         (2)  FINDINGS AND INTENT.--The Legislature finds and

25  declares that the population of this state is expected to more

26  than double over the next 100 years, with commensurate impacts

27  to the state's natural resources and public infrastructure.

28  Consequently, it is in the best interests of the people of the

29  state to ensure sound planning for the proper placement of

30  this growth and protection of the state's land, water, and

31  other natural resources since such resources are essential to

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 1  our collective quality of life and a strong economy. The

 2  state's growth management system should foster economic

 3  stability through regional solutions and strategies, urban

 4  renewal and infill, and the continued viability of

 5  agricultural economies, while allowing for rural economic

 6  development and protecting the unique characteristics of rural

 7  areas, and should reduce the complexity of the regulatory

 8  process while carrying out the intent of the laws and

 9  encouraging greater citizen participation.

10         (3)  CENTURY COMMISSION; CREATION; ORGANIZATION.--The

11  Century Commission is created as a standing body to help the

12  citizens of this state envision and plan their collective

13  future with an eye towards both 25-year and 50-year horizons.

14         (a)  The 21-member commission shall be appointed by the

15  Governor. Four members shall be members of the Legislature who

16  shall be appointed with the advice and consultation of the

17  President of the Senate and the Speaker of the House of

18  Representatives. The Secretary of Community Affairs, the

19  Commissioner of Agriculture, the Secretary of Transportation,

20  the Secretary of Environmental Protection, and the Executive

21  Director of the Fish and Wildlife Conservation Commission, or

22  their designees, shall also serve as voting members. The other

23  12 appointments shall reflect the diversity of this state's

24  citizens, and must include individuals representing each of

25  the following interests: growth management, business and

26  economic development, environmental protection, agriculture,

27  municipal governments, county governments, regional planning

28  entities, education, public safety, planning professionals,

29  transportation planners, and urban infill and redevelopment.

30  One member shall be designated by the Governor as chair of the

31  commission. Any vacancy that occurs on the commission must be

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 1  filled in the same manner as the original appointment and

 2  shall be for the unexpired term of that commission seat.

 3  Members shall serve 4-year terms.

 4         (b)  The first meeting of the commission shall be held

 5  no later than December 1, 2005, and shall meet at the call of

 6  the chair but not less frequently than three times per year in

 7  different regions of the state to solicit input from the

 8  public or any other individuals offering testimony relevant to

 9  the issues to be considered.

10         (c)  Each member of the commission is entitled to one

11  vote and action of the commission is not binding unless taken

12  by a three-fifths vote of the members present. A majority of

13  the members is required to constitute a quorum, and the

14  affirmative vote of a quorum is required for a binding vote.

15         (d)  Members of the commission shall serve without

16  compensation but shall be entitled to receive per diem and

17  travel expenses in accordance with s. 112.061 while in

18  performance of their duties.

19         (4)  POWERS AND DUTIES.--The commission shall:

20         (a)  Annually conduct a process through which the

21  commission envisions the future for the state, and then

22  develops and recommends policies, plans, action steps, or

23  strategies to assist in achieving the vision.

24         (b)  Continuously review and consider statutory and

25  regulatory provisions, governmental processes, and societal

26  and economic trends in its inquiry of how state, regional, and

27  local governments and entities and citizens of this state can

28  best accommodate projected increased populations while

29  maintaining the natural, historical, cultural, and manmade

30  life qualities that best represent the state.

31  

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 1         (c)  Bring together people representing varied

 2  interests to develop a shared image of the state and its

 3  developed and natural areas. The process should involve

 4  exploring the impact of the estimated population increase and

 5  other emerging trends and issues; creating a vision for the

 6  future; and developing a strategic action plan to achieve that

 7  vision using 25-year and 50-year intermediate planning

 8  timeframes.

 9         (d)  Focus on essential state interests, defined as

10  those interests that transcend local or regional boundaries

11  and are most appropriately conserved, protected, and promoted

12  at the state level.

13         (e)  Serve as an objective, nonpartisan repository of

14  exemplary community-building ideas and as a source to

15  recommend strategies and practices to assist others in working

16  collaboratively to solve problems concerning issues relating

17  to growth management.

18         (f)  Annually, beginning January 15, 2007, and every

19  year thereafter on the same date, provide to the Governor, the

20  President of the Senate, and the Speaker of the House of

21  Representatives a written report containing specific

22  recommendations for addressing growth management in the state,

23  including executive and legislative recommendations. This

24  report shall be verbally presented to a joint session of both

25  houses annually as scheduled by the President of the Senate

26  and the Speaker of the House of Representatives.

27         (g)  Beginning with the 2007 Regular Session of the

28  Legislature, the President of the Senate and Speaker of the

29  House of Representatives shall create a joint select

30  committee, the task of which shall be to review the findings

31  

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 1  and recommendations of the Century Commission for potential

 2  action.

 3         (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--

 4         (a)  The Secretary of Community Affairs shall select an

 5  executive director of the commission, and the executive

 6  director shall serve at the pleasure of the secretary under

 7  the supervision and control of the commission.

 8         (b)  The Department of Community Affairs shall provide

 9  staff and other resources necessary to accomplish the goals of

10  the commission based upon recommendations of the Governor.

11         (c)  All agencies under the control of the Governor are

12  directed, and all other agencies are requested, to render

13  assistance to, and cooperate with, the commission.

14         Section 15.  Effective July 1, 2005, the sum of

15  $250,000 is appropriated from the General Revenue Fund to the

16  Department of Community Affairs to provide the necessary staff

17  and other assistance to the Century Commission required by

18  section 163.3247, Florida Statutes, as created by this act.

19         Section 16.  Subsections (3), (7) and (8) of section

20  1013.33, Florida Statutes, are amended to read:

21         1013.33  Coordination of planning with local governing

22  bodies.--

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

24  address interlocal-agreement requirements in s.

25  163.3180(13)(g), except for exempt local governments as

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

27  issues:

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

29  district school board agree and base their plans on consistent

30  projections of the amount, type, and distribution of

31  population growth and student enrollment. The geographic

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 1  distribution of jurisdiction-wide growth forecasts is a major

 2  objective of the process.

 3         (b)  A process to coordinate and share information

 4  relating to existing and planned public school facilities,

 5  including school renovations and closures, and local

 6  government plans for development and redevelopment.

 7         (c)  Participation by affected local governments with

 8  the district school board in the process of evaluating

 9  potential school closures, significant renovations to existing

10  schools, and new school site selection before land

11  acquisition. Local governments shall advise the district

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

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

14  including appropriate circumstances and criteria under which a

15  district school board may request an amendment to the

16  comprehensive plan for school siting.

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

18  of onsite and offsite improvements to support new

19  construction, proposed expansion, or redevelopment of existing

20  schools. The process shall address identification of the party

21  or parties responsible for the improvements.

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

23  government regarding the effect of comprehensive plan

24  amendments on school capacity. The capacity reporting must be

25  consistent with laws and rules regarding measurement of school

26  facility capacity and must also identify how the district

27  school board will meet the public school demand based on the

28  facilities work program adopted pursuant to s. 1013.35.

29         (f)  Participation of the local governments in the

30  preparation of the annual update to the school board's 5-year

31  

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 1  district facilities work program and educational plant survey

 2  prepared pursuant to s. 1013.35.

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

 4  of either school board or local government facilities can be

 5  shared for mutual benefit and efficiency.

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

 7  the district school board and local governments, which may

 8  include the dispute resolution processes contained in chapters

 9  164 and 186.

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

11  public participation, for the implementation of the interlocal

12  agreement.

13  

14  A signatory to the interlocal agreement may elect not to

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

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

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

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

19  the interlocal agreement. An interlocal agreement entered into

20  pursuant to this section must be consistent with the adopted

21  comprehensive plan and land development regulations of any

22  local government that is a signatory.

23         (7)  Except as provided in subsection (8),

24  municipalities meeting the exemption criteria in s.

25  163.3177(12) having no established need for a new facility and

26  meeting the following criteria are exempt from the

27  requirements of subsections (2), (3), and (4).:

28         (a)  The municipality has no public schools located

29  within its boundaries.

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

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

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

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

 3  district school board must verify in writing that no new

 4  school facility will be needed in the municipality within the

 5  5-year and 10-year timeframes.

 6         (8)  At the time of the evaluation and appraisal

 7  report, each exempt municipality shall assess the extent to

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

 9  163.3177(12) subsection (7). If the municipality continues to

10  meet these criteria and the district school board verifies in

11  writing that no new school facilities will be needed within

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

13  continue to be exempt from the interlocal-agreement

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

15  subsection (7) must comply with the provisions of subsections

16  (2)-(8) within 1 year after the district school board

17  proposes, in its 5-year district facilities work program, a

18  new school within the municipality's jurisdiction.

19         Section 17.  Except as otherwise expressly provided in

20  this act, this act shall take effect July 1, 2005.

21  

22  

23  

24  

25  

26  

27  

28  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS for Senate Bill 360

 3                                 

 4  This CS requires a local government to consult with FDOT prior
    to designating a transportation concurrency exception area,
 5  transportation concurrency management area, or multimodal
    transportation district, regarding the impacts the area or
 6  district will have on the level of service for Strategic
    Intermodal System facilities.
 7  
    The CS provides map amendments within an urban service
 8  boundary are treated as small-scale amendments.

 9  The CS clarifies the proportionate share option is available
    for transportation and school concurrency.
10  
    The CS allows for the levying of the School Capital Outlay
11  Surtax by majority vote of the school board rather than the
    county commission.
12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

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