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Amendment CaShTmL-210728.HTM
    Florida Senate - 2005            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. CS for CS for SB 360
                        Barcode 210728
    576-2245B-05
    Proposed Committee Substitute by the Committee on Ways and
    Means
 1                      A bill to be entitled
 2         An act relating to infrastructure planning and
 3         funding; amending s. 163.3164, F.S.; defining
 4         the term "financial feasibility"; amending s.
 5         163.3177, F.S.; revising requirements for the
 6         capital improvements element of a comprehensive
 7         plan; requiring a schedule of capital
 8         improvements; providing a deadline for certain
 9         amendments; providing an exception; providing
10         requirements for a local government that
11         prepares its own water supply analysis for
12         purposes of an element of the comprehensive
13         plan; authorizing planning for
14         multijurisdictional water supply facilities;
15         providing requirements for counties and
16         municipalities with respect to the public
17         school facilities element; requiring an
18         interlocal agreement; exempting certain
19         municipalities from such requirements;
20         requiring that the state land planning agency
21         establish a schedule for adopting and updating
22         the public school facilities element;
23         encouraging local governments to include a
24         community vision and an urban service boundary
25         component to their comprehensive plans;
26         prescribing taxing authority of local
27         governments doing so; repealing s. 163.31776,
28         F.S., relating to the public educational
29         facilities element; amending s. 163.31777,
30         F.S.; revising the requirements for the public
31         schools interlocal agreement to conform to
                                  1
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Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 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 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 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 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 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; creating s. 4 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 339.2819, F.S.; creating the Transportation 2 Regional Incentive Program within the 3 Department of Transportation; providing 4 matching funds for projects meeting certain 5 criteria; amending s. 337.107, F.S.; allowing 6 the inclusion of right-of-way services in 7 certain design-build contracts; amending s. 8 337.11, F.S.; allowing the Department of 9 Transportation to include right-of-way services 10 and design and construction into a single 11 contract; providing an exception; delaying 12 construction activities in certain 13 circumstances; amending s. 337.107, F.S., 14 effective July 1, 2007; eliminating the 15 inclusion of right-of-way services as part of 16 design-build contracts under certain 17 circumstances; amending s. 337.11, F.S., 18 effective July 1, 2007; allowing design and 19 construction phases to be combined for certain 20 projects; deleting an exception; amending s. 21 380.06, F.S.; providing exceptions; amending s. 22 1013.33, F.S.; conforming provisions to changes 23 made by the act; amending s. 206.46, F.S.; 24 increasing the threshold for maximum debt 25 service for transfers in the State 26 Transportation Trust Fund; amending s. 339.08, 27 F.S.; providing for expenditure of moneys in 28 the State Transportation Trust Fund; amending 29 s. 339.155, F.S.; providing for the development 30 of regional transportation plans in Regional 31 Transportation Areas; amending s. 339.175, 5 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 F.S.; making conforming changes to provisions 2 of the act; amending s. 339.55, F.S.; providing 3 for loans for certain projects from the 4 state-funded infrastructure bank within the 5 Department of Transportation; amending s. 6 1013.64, F.S.; providing for the expenditure of 7 funds in the Public Education Capital Outlay 8 and Debt Service Trust Fund; amending s. 9 1013.65, F.S.; providing funding for the 10 Classrooms for Kids Program; amending s. 11 201.15, F.S.; providing for the expenditure of 12 certain funds in the Land Acquisition Trust 13 Fund; providing for appropriations for the 14 2005-2006 fiscal year on a nonrecurring basis 15 for certain purposes; providing effective 16 dates. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (32) is added to section 21 163.3164, Florida Statutes, to read: 22 163.3164 Local Government Comprehensive Planning and 23 Land Development Regulation Act; definitions.--As used in this 24 act: 25 (32) "Financial feasibility" means that sufficient 26 revenues are currently available or will be available from 27 committed or planned funding sources available for financing 28 capital improvements, such as ad valorem taxes, bonds, state 29 and federal funds, tax revenues, impact fees, and developer 30 contributions, which are adequate to fund the projected costs 31 of the capital improvements identified in the comprehensive 6 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 plan necessary to ensure that adopted level-of-service 2 standards are achieved and maintained within the period 3 covered by the 5-year schedule of capital improvements. 4 Section 2. Subsections (2) and (3), paragraphs (a), 5 (c), and (h) of subsection (6), and subsection (12) of section 6 163.3177, Florida Statutes, are amended, and subsections (13) 7 and (14) are added to that section, to read: 8 163.3177 Required and optional elements of 9 comprehensive plan; studies and surveys.-- 10 (2) Coordination of the several elements of the local 11 comprehensive plan shall be a major objective of the planning 12 process. The several elements of the comprehensive plan shall 13 be consistent, and the comprehensive plan shall be financially 14 economically feasible. Financial feasibility shall be 15 determined using professionally accepted methodologies. 16 (3)(a) The comprehensive plan shall contain a capital 17 improvements element designed to consider the need for and the 18 location of public facilities in order to encourage the 19 efficient utilization of such facilities and set forth: 20 1. A component which outlines principles for 21 construction, extension, or increase in capacity of public 22 facilities, as well as a component which outlines principles 23 for correcting existing public facility deficiencies, which 24 are necessary to implement the comprehensive plan. The 25 components shall cover at least a 5-year period. 26 2. Estimated public facility costs, including a 27 delineation of when facilities will be needed, the general 28 location of the facilities, and projected revenue sources to 29 fund the facilities. 30 3. Standards to ensure the availability of public 31 facilities and the adequacy of those facilities including 7 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 acceptable levels of service. 2 4. Standards for the management of debt. 3 5. A schedule of capital improvements which includes 4 publicly funded projects, and which may include privately 5 funded projects for which the local government has no fiscal 6 responsibility, necessary to ensure that adopted 7 level-of-service standards are achieved and maintained. For 8 capital improvements that will be funded by the developer, 9 financial feasibility shall be demonstrated by being 10 guaranteed in an enforceable development agreement or 11 interlocal agreement pursuant to paragraph (10)(h), or other 12 enforceable agreement. These development agreements and 13 interlocal agreements shall be reflected in the schedule of 14 capital improvements if the capital improvement is necessary 15 to serve development within the 5-year schedule. If the local 16 government uses planned revenue sources that require referenda 17 or other actions to secure the revenue source, the plan must, 18 in the event the referenda are not passed or actions do not 19 secure the planned revenue source, identify other existing 20 revenue sources that will be used to fund the capital projects 21 or otherwise amend the plan to ensure financial feasibility. 22 6. The schedule must include transportation 23 improvements included in the applicable metropolitan planning 24 organization's transportation improvement program adopted 25 pursuant to s. 339.175(7) to the extent that such improvements 26 are relied upon to ensure concurrency and financial 27 feasibility. The schedule must also be coordinated with the 28 applicable metropolitan planning organization's long-range 29 transportation plan adopted pursuant to s. 339.175(6). 30 (b)1. The capital improvements element shall be 31 reviewed on an annual basis and modified as necessary in 8 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 accordance with s. 163.3187 or s. 163.3189 in order to 2 maintain a financially feasible 5-year schedule of capital 3 improvements., except that Corrections, updates, and 4 modifications concerning costs; revenue sources; or acceptance 5 of facilities pursuant to dedications which are consistent 6 with the plan; or the date of construction of any facility 7 enumerated in the capital improvements element may be 8 accomplished by ordinance and shall not be deemed to be 9 amendments to the local comprehensive plan. A copy of the 10 ordinance shall be transmitted to the state land planning 11 agency. An amendment to the comprehensive plan is required to 12 update the schedule on an annual basis or to eliminate, defer, 13 or delay the construction for any facility listed in the 14 5-year schedule. All public facilities shall be consistent 15 with the capital improvements element. Amendments to implement 16 this section must be adopted and transmitted no later than 17 December 1, 2007. Thereafter, a local government may not amend 18 its future land use map, except for plan amendments to meet 19 new requirements under this part and emergency amendments 20 pursuant to s. 163.3187(1)(a), after December 1, 2007, and 21 every year thereafter, unless and until the local government 22 has adopted the annual update and it has been transmitted to 23 the state land planning agency. 24 2. Capital improvements element amendments adopted 25 after the effective date of this act shall require only a 26 single public hearing before the governing board which shall 27 be an adoption hearing as described in s. 163.3184(7). Such 28 amendments are not subject to the requirements of s. 29 163.3184(3)-(6). Amendments to the 5-year schedule of 30 improvements adopted after the effective date of this act 31 shall not be subject to challenge by an affected party. If the 9 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 department finds an amendment pursuant to this subparagraph 2 not in compliance, the local government may challenge that 3 determination pursuant to s. 163.3184(10). 4 (c) If the local government does not adopt the 5 required annual update to the schedule of capital improvements 6 or the annual update is found not in compliance, the state 7 land planning agency must notify the Administration 8 Commission. A local government that has a demonstrated lack of 9 commitment to meeting its obligations identified in the 10 capital improvement element may be subject to sanctions by the 11 Administration Commission pursuant to s. 163.3184(11). 12 (d) If a local government adopts a long-term 13 concurrency management system pursuant to s. 163.3180(9), it 14 must also adopt a long-term capital improvements schedule 15 covering up to a 10-year or 15-year period, and must update 16 the long-term schedule annually. The long-term schedule of 17 capital improvements must be financially feasible. 18 (6) In addition to the requirements of subsections 19 (1)-(5) and (12), the comprehensive plan shall include the 20 following elements: 21 (a) A future land use plan element designating 22 proposed future general distribution, location, and extent of 23 the uses of land for residential uses, commercial uses, 24 industry, agriculture, recreation, conservation, education, 25 public buildings and grounds, other public facilities, and 26 other categories of the public and private uses of land. 27 Counties are encouraged to designate rural land stewardship 28 areas, pursuant to the provisions of paragraph (11)(d), as 29 overlays on the future land use map. Each future land use 30 category must be defined in terms of uses included, and must 31 include standards to be followed in the control and 10 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 distribution of population densities and building and 2 structure intensities. The proposed distribution, location, 3 and extent of the various categories of land use shall be 4 shown on a land use map or map series which shall be 5 supplemented by goals, policies, and measurable objectives. 6 The future land use plan shall be based upon surveys, studies, 7 and data regarding the area, including the amount of land 8 required to accommodate anticipated growth; the projected 9 population of the area; the character of undeveloped land; the 10 availability of water supplies, public facilities, and 11 services; the need for redevelopment, including the renewal of 12 blighted areas and the elimination of nonconforming uses which 13 are inconsistent with the character of the community; the 14 compatibility of uses on lands adjacent to or closely 15 proximate to military installations; and, in rural 16 communities, the need for job creation, capital investment, 17 and economic development that will strengthen and diversify 18 the community's economy. The future land use plan may 19 designate areas for future planned development use involving 20 combinations of types of uses for which special regulations 21 may be necessary to ensure development in accord with the 22 principles and standards of the comprehensive plan and this 23 act. The future land use plan element shall include criteria 24 to be used to achieve the compatibility of adjacent or closely 25 proximate lands with military installations. In addition, for 26 rural communities, the amount of land designated for future 27 planned industrial use shall be based upon surveys and studies 28 that reflect the need for job creation, capital investment, 29 and the necessity to strengthen and diversify the local 30 economies, and shall not be limited solely by the projected 31 population of the rural community. The future land use plan of 11 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 a county may also designate areas for possible future 2 municipal incorporation. The land use maps or map series shall 3 generally identify and depict historic district boundaries and 4 shall designate historically significant properties meriting 5 protection. The future land use element must clearly identify 6 the land use categories in which public schools are an 7 allowable use. When delineating the land use categories in 8 which public schools are an allowable use, a local government 9 shall include in the categories sufficient land proximate to 10 residential development to meet the projected needs for 11 schools in coordination with public school boards and may 12 establish differing criteria for schools of different type or 13 size. Each local government shall include lands contiguous to 14 existing school sites, to the maximum extent possible, within 15 the land use categories in which public schools are an 16 allowable use. All comprehensive plans must comply with the 17 school siting requirements of this paragraph no later than 18 October 1, 1999. The failure by a local government to comply 19 with these school siting requirements by October 1, 1999, will 20 result in the prohibition of the local government's ability to 21 amend the local comprehensive plan, except for plan amendments 22 described in s. 163.3187(1)(b), until the school siting 23 requirements are met. Amendments proposed by a local 24 government for purposes of identifying the land use categories 25 in which public schools are an allowable use or for adopting 26 or amending the school-siting maps pursuant to s. 163.31776(3) 27 are exempt from the limitation on the frequency of plan 28 amendments contained in s. 163.3187. The future land use 29 element shall include criteria that encourage the location of 30 schools proximate to urban residential areas to the extent 31 possible and shall require that the local government seek to 12 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 collocate public facilities, such as parks, libraries, and 2 community centers, with schools to the extent possible and to 3 encourage the use of elementary schools as focal points for 4 neighborhoods. For schools serving predominantly rural 5 counties, defined as a county with a population of 100,000 or 6 fewer, an agricultural land use category shall be eligible for 7 the location of public school facilities if the local 8 comprehensive plan contains school siting criteria and the 9 location is consistent with such criteria. Local governments 10 required to update or amend their comprehensive plan to 11 include criteria and address compatibility of adjacent or 12 closely proximate lands with existing military installations 13 in their future land use plan element shall transmit the 14 update or amendment to the department by June 30, 2006. 15 (c) A general sanitary sewer, solid waste, drainage, 16 potable water, and natural groundwater aquifer recharge 17 element correlated to principles and guidelines for future 18 land use, indicating ways to provide for future potable water, 19 drainage, sanitary sewer, solid waste, and aquifer recharge 20 protection requirements for the area. The element may be a 21 detailed engineering plan including a topographic map 22 depicting areas of prime groundwater recharge. The element 23 shall describe the problems and needs and the general 24 facilities that will be required for solution of the problems 25 and needs. The element shall also include a topographic map 26 depicting any areas adopted by a regional water management 27 district as prime groundwater recharge areas for the Floridan 28 or Biscayne aquifers, pursuant to s. 373.0395. These areas 29 shall be given special consideration when the local government 30 is engaged in zoning or considering future land use for said 31 designated areas. For areas served by septic tanks, soil 13 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 surveys shall be provided which indicate the suitability of 2 soils for septic tanks. Within 18 months after the governing 3 board approves an updated regional water supply plan By 4 December 1, 2006, the element must incorporate the alternative 5 water supply project or projects selected by the local 6 government from those identified in the regional water supply 7 plan pursuant to s. 373.0361(2)(a) or proposed by the local 8 government under s. 373.0361(7)(b) consider the appropriate 9 water management district's regional water supply plan 10 approved pursuant to s. 373.0361. The element must identify 11 such alternative water supply projects and traditional water 12 supply projects and conservation and reuse necessary to meet 13 the water needs identified in s. 373.0361(2)(a) within the 14 local government's jurisdiction and include a work plan, 15 covering the comprehensive plan's established at least a 16 10-year planning period, for building public, private, and 17 regional water supply facilities, including development of 18 alternative water supplies, which that are identified in the 19 element as necessary to serve existing and new development and 20 for which the local government is responsible. The work plan 21 shall be updated, at a minimum, every 5 years within 18 12 22 months after the governing board of a water management 23 district approves an updated regional water supply plan. 24 Amendments to incorporate the work plan do not count toward 25 the limitation on the frequency of adoption of amendments to 26 the comprehensive plan. Local governments, public and private 27 utilities, regional water supply authorities, special 28 districts, and water management districts are encouraged to 29 cooperatively plan for the development of multijurisdictional 30 water supply facilities that are sufficient to meet projected 31 demands for established planning periods, including the 14 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 development of alternative water sources to supplement 2 traditional sources of ground and surface water supplies. 3 (h)1. An intergovernmental coordination element 4 showing relationships and stating principles and guidelines to 5 be used in the accomplishment of coordination of the adopted 6 comprehensive plan with the plans of school boards, regional 7 water supply authorities, and other units of local government 8 providing services but not having regulatory authority over 9 the use of land, with the comprehensive plans of adjacent 10 municipalities, the county, adjacent counties, or the region, 11 with the state comprehensive plan and with the applicable 12 regional water supply plan approved pursuant to s. 373.0361, 13 as the case may require and as such adopted plans or plans in 14 preparation may exist. This element of the local 15 comprehensive plan shall demonstrate consideration of the 16 particular effects of the local plan, when adopted, upon the 17 development of adjacent municipalities, the county, adjacent 18 counties, or the region, or upon the state comprehensive plan, 19 as the case may require. 20 a. The intergovernmental coordination element shall 21 provide for procedures to identify and implement joint 22 planning areas, especially for the purpose of annexation, 23 municipal incorporation, and joint infrastructure service 24 areas. 25 b. The intergovernmental coordination element shall 26 provide for recognition of campus master plans prepared 27 pursuant to s. 1013.30. 28 c. The intergovernmental coordination element may 29 provide for a voluntary dispute resolution process as 30 established pursuant to s. 186.509 for bringing to closure in 31 a timely manner intergovernmental disputes. A local 15 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 government may develop and use an alternative local dispute 2 resolution process for this purpose. 3 2. The intergovernmental coordination element shall 4 further state principles and guidelines to be used in the 5 accomplishment of coordination of the adopted comprehensive 6 plan with the plans of school boards and other units of local 7 government providing facilities and services but not having 8 regulatory authority over the use of land. In addition, the 9 intergovernmental coordination element shall describe joint 10 processes for collaborative planning and decisionmaking on 11 population projections and public school siting, the location 12 and extension of public facilities subject to concurrency, and 13 siting facilities with countywide significance, including 14 locally unwanted land uses whose nature and identity are 15 established in an agreement. Within 1 year of adopting their 16 intergovernmental coordination elements, each county, all the 17 municipalities within that county, the district school board, 18 and any unit of local government service providers in that 19 county shall establish by interlocal or other formal agreement 20 executed by all affected entities, the joint processes 21 described in this subparagraph consistent with their adopted 22 intergovernmental coordination elements. 23 3. To foster coordination between special districts 24 and local general-purpose governments as local general-purpose 25 governments implement local comprehensive plans, each 26 independent special district must submit a public facilities 27 report to the appropriate local government as required by s. 28 189.415. 29 4.a. Local governments adopting a public educational 30 facilities element pursuant to s. 163.31776 must execute an 31 interlocal agreement with the district school board, the 16 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 county, and nonexempt municipalities pursuant to s. 163.31777, 2 as defined by s. 163.31776(1), which includes the items listed 3 in s. 163.31777(2). The local government shall amend the 4 intergovernmental coordination element to provide that 5 coordination between the local government and school board is 6 pursuant to the agreement and shall state the obligations of 7 the local government under the agreement. 8 b. Plan amendments that comply with this subparagraph 9 are exempt from the provisions of s. 163.3187(1). 10 5. The state land planning agency shall establish a 11 schedule for phased completion and transmittal of plan 12 amendments to implement subparagraphs 1., 2., and 3. from all 13 jurisdictions so as to accomplish their adoption by December 14 31, 1999. A local government may complete and transmit its 15 plan amendments to carry out these provisions prior to the 16 scheduled date established by the state land planning agency. 17 The plan amendments are exempt from the provisions of s. 18 163.3187(1). 19 6. By January 1, 2004, Any county having a population 20 greater than 100,000, and the municipalities and special 21 districts within that county, shall submit a report to the 22 Department of Community Affairs which: 23 a. Identifies all existing or proposed interlocal 24 service-delivery agreements regarding the following: 25 education; sanitary sewer; public safety; solid waste; 26 drainage; potable water; parks and recreation; and 27 transportation facilities. 28 b. Identifies any deficits or duplication in the 29 provision of services within its jurisdiction, whether capital 30 or operational. Upon request, the Department of Community 31 Affairs shall provide technical assistance to the local 17 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 governments in identifying deficits or duplication. 2 7. Within 6 months after submission of the report, the 3 Department of Community Affairs shall, through the appropriate 4 regional planning council, coordinate a meeting of all local 5 governments within the regional planning area to discuss the 6 reports and potential strategies to remedy any identified 7 deficiencies or duplications. 8 8. Each local government shall update its 9 intergovernmental coordination element based upon the findings 10 in the report submitted pursuant to subparagraph 6. The report 11 may be used as supporting data and analysis for the 12 intergovernmental coordination element. 13 9. By February 1, 2003, Representatives of 14 municipalities, counties, and special districts shall provide 15 to the Legislature recommended statutory changes for 16 annexation, including any changes that address the delivery of 17 local government services in areas planned for annexation. 18 (12) A public school facilities element adopted to 19 implement a school concurrency program shall meet the 20 requirements of this subsection. 21 (a) Each county and each municipality within the 22 county, unless exempt or subject to a waiver, must adopt a 23 consistent public school facilities element and enter the 24 interlocal agreement pursuant to s. 163.31777. The state land 25 planning agency may provide a waiver to a county and to the 26 municipalities within the county if the capacity rate for all 27 schools within the school district is no greater than 100 28 percent and the projected 5-year capital outlay full-time 29 equivalent student growth rate is less than 10 percent. The 30 state land planning agency may, at its discretion, allow for a 31 single school to exceed the 100-percent limitation if it can 18 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 be demonstrated that the capacity rate for that single school 2 is not greater than 105 percent. A municipality in a nonexempt 3 county is exempt if the municipality meets all of the 4 following criteria for having no significant impact on school 5 attendance: 6 1. The municipality has issued development orders for 7 fewer than 50 residential dwelling units during the preceding 8 5 years, or the municipality has generated fewer than 25 9 additional public school students during the preceding 5 10 years. 11 2. The municipality has not annexed new land during 12 the preceding 5 years in land use categories that permit 13 residential uses that will affect school attendance rates. 14 3. The municipality has no public schools located 15 within its boundaries. 16 (b)(a) A public school facilities element shall be 17 based upon data and analyses that address, among other items, 18 how level-of-service standards will be achieved and 19 maintained. Such data and analyses must include, at a minimum, 20 such items as: the interlocal agreement adopted pursuant to s. 21 163.31777 and the 5-year school district facilities work 22 program adopted pursuant to s. 1013.35; the educational plant 23 survey prepared pursuant to s. 1013.31 and an existing 24 educational and ancillary plant map or map series; information 25 on existing development and development anticipated for the 26 next 5 years and the long-term planning period; an analysis of 27 problems and opportunities for existing schools and schools 28 anticipated in the future; an analysis of opportunities to 29 collocate future schools with other public facilities such as 30 parks, libraries, and community centers; an analysis of the 31 need for supporting public facilities for existing and future 19 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 schools; an analysis of opportunities to locate schools to 2 serve as community focal points; projected future population 3 and associated demographics, including development patterns 4 year by year for the upcoming 5-year and long-term planning 5 periods; and anticipated educational and ancillary plants with 6 land area requirements. 7 (c)(b) The element shall contain one or more goals 8 which establish the long-term end toward which public school 9 programs and activities are ultimately directed. 10 (d)(c) The element shall contain one or more 11 objectives for each goal, setting specific, measurable, 12 intermediate ends that are achievable and mark progress toward 13 the goal. 14 (e)(d) The element shall contain one or more policies 15 for each objective which establish the way in which programs 16 and activities will be conducted to achieve an identified 17 goal. 18 (f)(e) The objectives and policies shall address items 19 such as: 20 1. The procedure for an annual update process; 21 2. The procedure for school site selection; 22 3. The procedure for school permitting; 23 4. Provision for of supporting infrastructure 24 necessary to support proposed schools, including potable 25 water, wastewater, drainage, solid waste, transportation, and 26 means by which to assure safe access to schools, including 27 sidewalks, bicycle paths, turn lanes, and signalization; 28 5. Provision for colocation of other public 29 facilities, such as parks, libraries, and community centers, 30 in proximity to public schools; 31 6. Provision for location of schools proximate to 20 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 residential areas and to complement patterns of development, 2 including the location of future school sites so they serve as 3 community focal points; 4 7. Measures to ensure compatibility of school sites 5 and surrounding land uses; 6 8. Coordination with adjacent local governments and 7 the school district on emergency preparedness issues, 8 including the use of public schools to serve as emergency 9 shelters; and 10 9. Coordination with the future land use element. 11 (g)(f) The element shall include one or more future 12 conditions maps which depict the anticipated location of 13 educational and ancillary plants, including the general 14 location of improvements to existing schools or new schools 15 anticipated over the 5-year, or long-term planning period. The 16 maps will of necessity be general for the long-term planning 17 period and more specific for the 5-year period. Maps 18 indicating general locations of future schools or school 19 improvements may not prescribe a land use on a particular 20 parcel of land. 21 (h) The state land planning agency shall establish a 22 phased schedule for adoption of the public school facilities 23 element and the required updates to the public schools 24 interlocal agreement pursuant to s. 163.31777. The schedule 25 shall provide for each county and local government within the 26 county to adopt the element and update to the agreement no 27 later than December 1, 2008. Plan amendments to adopt a public 28 school facilities element are exempt from the provisions of s. 29 163.3187(1). 30 (i) Failure to adopt the public school facility 31 element, to enter into an approved interlocal agreement as 21 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 required by subparagraph (6)(h)2. and 163.31777, or to amend 2 the comprehensive plan as necessary to implement school 3 concurrency, according to the phased schedule, shall result in 4 a local government being prohibited from adopting amendments 5 to the comprehensive plan which increase residential density 6 until the necessary amendments have been adopted and 7 transmitted to the state land planning agency. 8 (j) The state land planning agency may issue the 9 school board a notice to show cause why sanctions should not 10 be enforced for failure to enter into an approved interlocal 11 agreement as required by s. 163.31777 or for failure to 12 implement the provisions of this act relating to public school 13 concurrency. The school board may be subject to sanctions 14 imposed by the Administration Commission directing the 15 Department of Education to withhold from the district school 16 board an equivalent amount of funds for school construction 17 available pursuant to ss. 1013.65, 1013.68, 1013.70, and 18 1013.72. 19 (13) Local governments are encouraged to develop a 20 community vision that provides for sustainable growth, 21 recognizes its fiscal constraints, and protects its natural 22 resources. At the request of a local government, the 23 applicable regional planning council shall provide assistance 24 in the development of a community vision. 25 (a) As part of the process of developing a community 26 vision under this section, the local government must hold two 27 public meetings with at least one of those meetings before the 28 local planning agency. Before those public meetings, the local 29 government must hold at least one public workshop with 30 stakeholder groups such as neighborhood associations, 31 community organizations, businesses, private property owners, 22 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 housing and development interests, and environmental 2 organizations. 3 (b) The local government must, at a minimum, discuss 4 five of the following topics as part of the workshops and 5 public meetings required under paragraph (a): 6 1. Future growth in the area using population 7 forecasts from the Bureau of Economic and Business Research; 8 2. Priorities for economic development; 9 3. Preservation of open space, environmentally 10 sensitive lands, and agricultural lands; 11 4. Appropriate areas and standards for mixed-use 12 development; 13 5. Appropriate areas and standards for high-density 14 commercial and residential development; 15 6. Appropriate areas and standards for 16 economic-development opportunities and employment centers; 17 7. Provisions for adequate workforce housing; 18 8. An efficient, interconnected multimodal 19 transportation system; and 20 9. Opportunities to create land use patterns that 21 accommodate the issues listed in subparagraphs 1.-8. 22 (c) As part of the workshops and public meetings, the 23 local government must discuss strategies for addressing the 24 topics discussed under paragraph (b), including: 25 1. Strategies to preserve open space and 26 environmentally sensitive lands, and to encourage a healthy 27 agricultural economy, including innovative planning and 28 development strategies, such as the transfer of development 29 rights; 30 2. Incentives for mixed-use development, including 31 increased height and intensity standards for buildings that 23 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 provide residential use in combination with office or 2 commercial space; 3 3. Incentives for workforce housing; 4 4. Designation of an urban service boundary pursuant 5 to subsection (2); and 6 5. Strategies to provide mobility within the community 7 and to protect the Strategic Intermodal System, including the 8 development of a transportation corridor management plan under 9 s. 337.273. 10 (d) The community vision must reflect the community's 11 shared concept for growth and development of the community, 12 including visual representations depicting the desired 13 land-use patterns and character of the community during a 14 10-year planning timeframe. The community vision must also 15 take into consideration economic viability of the vision and 16 private property interests. 17 (e) After the workshops and public meetings required 18 under paragraph (a) are held, the local government may amend 19 its comprehensive plan to include the community vision as a 20 component in the plan. This plan amendment must be transmitted 21 and adopted pursuant to the procedures in ss. 163.3184 and 22 163.3189 at public hearings of the governing body other than 23 those identified in paragraph (a). 24 (f) Amendments submitted under this subsection are 25 exempt from the limitation on the frequency of plan amendments 26 in s. 163.3187. 27 (g) A county that has adopted a community vision and 28 the plan amendment incorporating the vision has been found in 29 compliance may levy a local option fuel tax under s. 30 336.025(1)(b) by a majority vote of its governing body. 31 (h) A county that has adopted a community vision as a 24 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 component of the comprehensive plan and the plan amendment 2 incorporating the community vision as a component has been 3 found in compliance may levy the ninth-cent fuel tax under s. 4 336.021(1)(a) by a majority vote of its governing body. 5 (i) A local government that has developed a community 6 vision or completed a visioning process after July 1, 2000, 7 and before July 1, 2005, which substantially accomplishes the 8 goals set forth in this subsection and the appropriate goals, 9 policies, or objectives have been adopted as part of the 10 comprehensive plan or reflected in subsequently adopted land 11 development regulations and the plan amendment incorporating 12 the community vision as a component has been found in 13 compliance may levy the local option fuel tax under s. 14 336.025(1)(b) and the ninth-cent fuel tax under s. 15 336.021(1)(a) by a majority vote of its governing body. 16 (14) Local governments are also encouraged to 17 designate an urban service boundary. This area must be 18 appropriate for compact, contiguous urban development within a 19 10-year planning timeframe. The urban service area boundary 20 must be identified on the future land use map or map series. 21 The local government shall demonstrate that the land included 22 within the urban service boundary is served or is planned to 23 be served with adequate public facilities and services based 24 on the local government's adopted level-of-service standards 25 by adopting a 10-year facilities plan in the capital 26 improvements element which is financially feasible. The local 27 government shall demonstrate that the amount of land within 28 the urban service boundary does not exceed the amount of land 29 needed to accommodate the projected population growth at 30 densities consistent with the adopted comprehensive plan 31 within the 10-year planning timeframe. 25 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 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 local 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 amendments incorporating the vision and the urban service 26 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 boundary have 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 amendments incorporating the vision 7 and the urban service boundary have been found in compliance 8 may 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 27 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 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 board's 5-year district facilities work program and 28 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 educational plant survey prepared pursuant to s. 1013.35. 2 (g) A process for determining where and how joint use 3 of either school board or local government facilities can be 4 shared for mutual benefit and efficiency. 5 (h) A procedure for the resolution of disputes between 6 the district school board and local governments, which may 7 include the dispute resolution processes contained in chapters 8 164 and 186. 9 (i) An oversight process, including an opportunity for 10 public participation, for the implementation of the interlocal 11 agreement. 12 13 A signatory to the interlocal agreement may elect not to 14 include a provision meeting the requirements of paragraph (e); 15 however, such a decision may be made only after a public 16 hearing on such election, which may include the public hearing 17 in which a district school board or a local government adopts 18 the interlocal agreement. An interlocal agreement entered into 19 pursuant to this section must be consistent with the adopted 20 comprehensive plan and land development regulations of any 21 local government that is a signatory. 22 (5) Any local government transmitting a public school 23 element to implement school concurrency pursuant to the 24 requirements of s. 163.3180 before the effective date of this 25 section is not required to amend the element or any interlocal 26 agreement to conform with the provisions of this section if 27 the element is adopted prior to or within 1 year after the 28 effective date of this section and remains in effect until the 29 county conducts its evaluation and appraisal report and 30 identifies changes necessary to more fully conform to the 31 provisions of this section. 29 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 (6) Except as provided in subsection (7), 2 municipalities meeting the exemption criteria in s. 3 163.3177(12) having no established need for a new school 4 facility and meeting the following criteria are exempt from 5 the requirements of subsections (1), (2), and (3).: 6 (a) The municipality has no public schools located 7 within its boundaries. 8 (b) The district school board's 5-year facilities work 9 program and the long-term 10-year and 20-year work programs, 10 as provided in s. 1013.35, demonstrate that no new school 11 facility is needed in the municipality. In addition, the 12 district school board must verify in writing that no new 13 school facility will be needed in the municipality within the 14 5-year and 10-year timeframes. 15 (7) At the time of the evaluation and appraisal 16 report, each exempt municipality shall assess the extent to 17 which it continues to meet the criteria for exemption under s. 18 163.3177(12) subsection (6). If the municipality continues to 19 meet these criteria and the district school board verifies in 20 writing that no new school facilities will be needed within 21 the 5-year and 10-year timeframes, the municipality shall 22 continue to be exempt from the interlocal-agreement 23 requirement. Each municipality exempt under s. 163.3177(12) 24 subsection (6) must comply with the provisions of this section 25 within 1 year after the district school board proposes, in its 26 5-year district facilities work program, a new school within 27 the municipality's jurisdiction. 28 Section 5. Paragraph (a) of subsection (1), subsection 29 (2), paragraph (c) of subsection (4), subsections (5), (6), 30 (7), (9), (10), (13), and (15) of section 163.3180, Florida 31 Statutes, are amended, and subsections (16) and (17) are added 30 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 to that section, to read: 2 163.3180 Concurrency.-- 3 (1)(a) Sanitary sewer, solid waste, drainage, potable 4 water, parks and recreation, schools, and transportation 5 facilities, including mass transit, where applicable, are the 6 only public facilities and services subject to the concurrency 7 requirement on a statewide basis. Additional public facilities 8 and services may not be made subject to concurrency on a 9 statewide basis without appropriate study and approval by the 10 Legislature; however, any local government may extend the 11 concurrency requirement so that it applies to additional 12 public facilities within its jurisdiction. 13 (2)(a) Consistent with public health and safety, 14 sanitary sewer, solid waste, drainage, adequate water 15 supplies, and potable water facilities shall be in place and 16 available to serve new development no later than the issuance 17 by the local government of a certificate of occupancy or its 18 functional equivalent. Prior to approval of a building permit 19 or its functional equivalent, the local government shall 20 confirm with the applicable water supplier that adequate water 21 supplies to serve the new development will be available no 22 later than the anticipated date of issuance by the local 23 government of a certificate of occupancy or its functional 24 equivalent. 25 (b) Consistent with the public welfare, and except as 26 otherwise provided in this section, parks and recreation 27 facilities to serve new development shall be in place or under 28 actual construction no later than 1 year after issuance by the 29 local government of a certificate of occupancy or its 30 functional equivalent. However, the acreage for such 31 facilities shall be dedicated or be acquired by the local 31 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 government prior to issuance by the local government of a 2 certificate of occupancy or its functional equivalent, or 3 funds in the amount of the developer's fair share shall be 4 committed no later than prior to issuance by the local 5 government's approval to commence construction government of a 6 certificate of occupancy or its functional equivalent. 7 (c) Consistent with the public welfare, and except as 8 otherwise provided in this section, transportation facilities 9 designated as part of the Florida Intrastate Highway System 10 needed to serve new development shall be in place when the 11 local government approves a building permit or its functional 12 equivalent that results in traffic generation, or the facility 13 must be or under actual construction within 3 not more than 5 14 years after the date of the local government's approval to 15 commence construction of each stage or phase of the 16 development. issuance by the local government of a certificate 17 of occupancy or its functional equivalent. Other 18 transportation facilities needed to serve new development 19 shall be in place or under actual construction no more than 3 20 years after issuance by the local government of a certificate 21 of occupancy or its functional equivalent. 22 (4) 23 (c) The concurrency requirement, except as it relates 24 to transportation facilities and public schools, as 25 implemented in local government comprehensive plans, may be 26 waived by a local government for urban infill and 27 redevelopment areas designated pursuant to s. 163.2517 if such 28 a waiver does not endanger public health or safety as defined 29 by the local government in its local government comprehensive 30 plan. The waiver shall be adopted as a plan amendment 31 pursuant to the process set forth in s. 163.3187(3)(a). A 32 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 local government may grant a concurrency exception pursuant to 2 subsection (5) for transportation facilities located within 3 these urban infill and redevelopment areas. 4 (5)(a) The Legislature finds that under limited 5 circumstances dealing with transportation facilities, 6 countervailing planning and public policy goals may come into 7 conflict with the requirement that adequate public facilities 8 and services be available concurrent with the impacts of such 9 development. The Legislature further finds that often the 10 unintended result of the concurrency requirement for 11 transportation facilities is the discouragement of urban 12 infill development and redevelopment. Such unintended results 13 directly conflict with the goals and policies of the state 14 comprehensive plan and the intent of this part. Therefore, 15 exceptions from the concurrency requirement for transportation 16 facilities may be granted as provided by this subsection. 17 (b) A local government may grant an exception from the 18 concurrency requirement for transportation facilities if the 19 proposed development is otherwise consistent with the adopted 20 local government comprehensive plan and is a project that 21 promotes public transportation or is located within an area 22 designated in the comprehensive plan for: 23 1. Urban infill development, 24 2. Urban redevelopment, 25 3. Downtown revitalization, or 26 4. Urban infill and redevelopment under s. 163.2517. 27 (c) The Legislature also finds that developments 28 located within urban infill, urban redevelopment, existing 29 urban service, or downtown revitalization areas or areas 30 designated as urban infill and redevelopment areas under s. 31 163.2517 which pose only special part-time demands on the 33 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 transportation system should be excepted from the concurrency 2 requirement for transportation facilities. A special 3 part-time demand is one that does not have more than 200 4 scheduled events during any calendar year and does not affect 5 the 100 highest traffic volume hours. 6 (d) A local government shall establish guidelines in 7 the comprehensive plan for granting the exceptions authorized 8 in paragraphs (b) and (c) and subsections (7) and (15) which 9 must be consistent with and support a comprehensive strategy 10 adopted in the plan to promote the purpose of the exceptions. 11 (e) The local government shall adopt into the plan and 12 implement strategies to support and fund mobility within the 13 designated exception area, including alternative modes of 14 transportation. The plan amendment shall also demonstrate how 15 strategies will support the purpose of the exception and how 16 mobility within the designated exception area will be 17 provided. In addition, the strategies must address urban 18 design; appropriate land use mixes, including intensity and 19 density; and network connectivity plans needed to promote 20 urban infill, redevelopment, or downtown revitalization. The 21 comprehensive plan amendment designating the concurrency 22 exception area shall be accompanied by data and analysis 23 justifying the size of the area. 24 (f) Prior to the designation of a concurrency 25 exception area, the Department of Transportation shall be 26 consulted by the local government to assess the impact that 27 the proposed exception area is expected to have on the adopted 28 level of service standards established for Strategic 29 Intermodal System facilities, as defined in s. 339.64. 30 Further, the local government shall, in cooperation with the 31 Department of Transportation, develop a plan to mitigate any 34 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 impacts to the Strategic Intermodal System, including, if 2 appropriate, the development of a long-term concurrency 3 management system pursuant to ss. 163.3177(3)(d) and 4 163.3180(9). in the comprehensive plan. These guidelines must 5 include consideration of the impacts on the Florida Intrastate 6 Highway System, as defined in s. 338.001. The exceptions may 7 be available only within the specific geographic area of the 8 jurisdiction designated in the plan. Pursuant to s. 163.3184, 9 any affected person may challenge a plan amendment 10 establishing these guidelines and the areas within which an 11 exception could be granted. 12 (g) Transportation concurrency exception areas 13 existing prior to July 1, 2005, shall meet, at a minimum, the 14 provisions of this section by July 1, 2006, or at the time of 15 the comprehensive plan update pursuant to the evaluation and 16 appraisal report, whichever occurs last. 17 (6) The Legislature finds that a de minimis impact is 18 consistent with this part. A de minimis impact is an impact 19 that would not affect more than 1 percent of the maximum 20 volume at the adopted level of service of the affected 21 transportation facility as determined by the local government. 22 No impact will be de minimis if the sum of existing roadway 23 volumes and the projected volumes from approved projects on a 24 transportation facility would exceed 110 percent of the 25 maximum volume at the adopted level of service of the affected 26 transportation facility; provided however, that an impact of a 27 single family home on an existing lot will constitute a de 28 minimis impact on all roadways regardless of the level of the 29 deficiency of the roadway. Local governments are encouraged to 30 adopt methodologies to encourage de minimis impacts on 31 transportation facilities within an existing urban service 35 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 area. Further, no impact will be de minimis if it would exceed 2 the adopted level-of-service standard of any affected 3 designated hurricane evacuation routes. Each local government 4 shall maintain sufficient records to ensure that the 5 110-percent criterion is not exceeded. Each local government 6 shall submit annually, with its updated capital improvements 7 element, a summary of the de minimus records. If the state 8 land planning agency determines that the 110-percent criterion 9 has been exceeded, the state land planning agency shall notify 10 the local government of the exceedance and that no further de 11 minimis exceptions for the applicable roadway may be granted 12 until such time as the volume is reduced below the 110 13 percent. The local government shall provide proof of this 14 reduction to the state land planning agency before issuing 15 further de minimis exceptions. 16 (7) In order to promote infill development and 17 redevelopment, one or more transportation concurrency 18 management areas may be designated in a local government 19 comprehensive plan. A transportation concurrency management 20 area must be a compact geographic area with an existing 21 network of roads where multiple, viable alternative travel 22 paths or modes are available for common trips. A local 23 government may establish an areawide level-of-service standard 24 for such a transportation concurrency management area based 25 upon an analysis that provides for a justification for the 26 areawide level of service, how urban infill development or 27 redevelopment will be promoted, and how mobility will be 28 accomplished within the transportation concurrency management 29 area. Prior to the designation of a concurrency management 30 area, the Department of Transportation shall be consulted by 31 the local government to assess the impact that the proposed 36 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 concurrency management area is expected to have on the adopted 2 level of service standards established for Strategic 3 Intermodal System facilities, as defined in s. 339.64. 4 Further, the local government shall, in cooperation with the 5 Department of Transportation, develop a plan to mitigate any 6 impacts to the Strategic Intermodal System, including, if 7 appropriate, the development of a long-term concurrency 8 management system pursuant to ss. 163.3177(3)(d) and 9 163.3180(9). Transportation concurrency management 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. The state land 14 planning agency shall amend chapter 9J-5, Florida 15 Administrative Code, to be consistent with this subsection. 16 (9)(a) Each local government may adopt as a part of 17 its plan, a long-term transportation and school concurrency 18 management systems system with a planning period of up to 10 19 years for specially designated districts or areas where 20 significant backlogs exist. The plan may include interim 21 level-of-service standards on certain facilities and shall may 22 rely on the local government's schedule of capital 23 improvements for up to 10 years as a basis for issuing 24 development orders that authorize commencement of construction 25 permits in these designated districts or areas. The 26 concurrency management system. It must be designed to correct 27 existing deficiencies and set priorities for addressing 28 backlogged facilities. The concurrency management system It 29 must be financially feasible and consistent with other 30 portions of the adopted local plan, including the future land 31 use map. 37 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 (b) If a local government has a transportation or 2 school facility backlog for existing development which cannot 3 be adequately addressed in a 10-year plan, the state land 4 planning agency may allow it to develop a plan and long-term 5 schedule of capital improvements covering of up to 15 years 6 for good and sufficient cause, based on a general comparison 7 between that local government and all other similarly situated 8 local jurisdictions, using the following factors: 9 1. The extent of the backlog. 10 2. For roads, whether the backlog is on local or state 11 roads. 12 3. The cost of eliminating the backlog. 13 4. The local government's tax and other 14 revenue-raising efforts. 15 (c) The local government may issue approvals to 16 commence construction notwithstanding s. 163.3180, consistent 17 with and in areas that are subject to a long-term concurrency 18 management system. 19 (d) If the local government adopts a long-term 20 concurrency management system, it must evaluate the system 21 periodically. At a minimum, the local government must assess 22 its progress toward improving levels of service within the 23 long-term concurrency management district or area in the 24 evaluation and appraisal report and determine any changes that 25 are necessary to accelerate progress in meeting acceptable 26 levels of service. 27 (10) With regard to roadway facilities on the 28 Strategic Intermodal System designated in accordance with ss. 29 339.61, 339.62, 339.63, and 339.64, the Florida Intrastate 30 Highway System as defined in s. 338.001, and roadway 31 facilities funded in accordance with s. 339.2819 with 38 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 concurrence from the Department of Transportation, the 2 level-of-service standard for general lanes in urbanized 3 areas, as defined in s. 334.03(36), may be established by the 4 local government in the comprehensive plan. For all other 5 facilities on the Florida Intrastate Highway System, local 6 governments shall adopt the level-of-service standard 7 established by the Department of Transportation by rule. For 8 all other roads on the State Highway System, local governments 9 shall establish an adequate level-of-service standard that 10 need not be consistent with any level-of-service standard 11 established by the Department of Transportation. In 12 establishing adequate level-of-service standards for any 13 arterial roads, or collector roads as appropriate, which 14 traverse multiple jurisdictions, local governments shall 15 consider compatibility with the roadway facility's adopted 16 level-of-service standards in adjacent jurisdictions. Each 17 local government within a county shall use a professionally 18 accepted methodology for measuring impacts on transportation 19 facilities for the purposes of implementing its concurrency 20 management system. Counties are encouraged to coordinate with 21 adjacent counties, and local governments within a county are 22 encouraged to coordinate, for the purpose of using common 23 methodologies for measuring impacts on transportation 24 facilities for the purpose of implementing their concurrency 25 management systems. 26 (13) School concurrency, if imposed by local option, 27 shall be established on a districtwide basis and shall include 28 all public schools in the district and all portions of the 29 district, whether located in a municipality or an 30 unincorporated area unless exempt from the public school 31 facilities element pursuant to s. 163.3177(12). The 39 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 application of school concurrency to development shall be 2 based upon the adopted comprehensive plan, as amended. All 3 local governments within a county, except as provided in 4 paragraph (f), shall adopt and transmit to the state land 5 planning agency the necessary plan amendments, along with the 6 interlocal agreement, for a compliance review pursuant to s. 7 163.3184(7) and (8). School concurrency shall not become 8 effective in a county until all local governments, except as 9 provided in paragraph (f), have adopted the necessary plan 10 amendments, which together with the interlocal agreement, are 11 determined to be in compliance with the requirements of this 12 part. The minimum requirements for school concurrency are the 13 following: 14 (a) Public school facilities element.--A local 15 government shall adopt and transmit to the state land planning 16 agency a plan or plan amendment which includes a public school 17 facilities element which is consistent with the requirements 18 of s. 163.3177(12) and which is determined to be in compliance 19 as defined in s. 163.3184(1)(b). All local government public 20 school facilities plan elements within a county must be 21 consistent with each other as well as the requirements of this 22 part. 23 (b) Level-of-service standards.--The Legislature 24 recognizes that an essential requirement for a concurrency 25 management system is the level of service at which a public 26 facility is expected to operate. 27 1. Local governments and school boards imposing school 28 concurrency shall exercise authority in conjunction with each 29 other to establish jointly adequate level-of-service 30 standards, as defined in chapter 9J-5, Florida Administrative 31 Code, necessary to implement the adopted local government 40 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 comprehensive plan, based on data and analysis. 2 2. Public school level-of-service standards shall be 3 included and adopted into the capital improvements element of 4 the local comprehensive plan and shall apply districtwide to 5 all schools of the same type. Types of schools may include 6 elementary, middle, and high schools as well as special 7 purpose facilities such as magnet schools. 8 3. Local governments and school boards shall have the 9 option to utilize tiered level-of-service standards to allow 10 time to achieve an adequate and desirable level of service as 11 circumstances warrant. 12 (c) Service areas.--The Legislature recognizes that an 13 essential requirement for a concurrency system is a 14 designation of the area within which the level of service will 15 be measured when an application for a residential development 16 permit is reviewed for school concurrency purposes. This 17 delineation is also important for purposes of determining 18 whether the local government has a financially feasible public 19 school capital facilities program that will provide schools 20 which will achieve and maintain the adopted level-of-service 21 standards. 22 1. In order to balance competing interests, preserve 23 the constitutional concept of uniformity, and avoid disruption 24 of existing educational and growth management processes, local 25 governments are encouraged to initially apply school 26 concurrency to development only on a districtwide basis so 27 that a concurrency determination for a specific development 28 will be based upon the availability of school capacity 29 districtwide. To ensure that development is coordinated with 30 schools having available capacity, within 5 years after 31 adoption of school concurrency, local governments shall apply 41 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 school concurrency on a less than districtwide basis, such as 2 using school attendance zones or concurrency service areas, as 3 provided in subparagraph 2. 4 2. For local governments applying school concurrency 5 on a less than districtwide basis, such as utilizing school 6 attendance zones or larger school concurrency service areas, 7 local governments and school boards shall have the burden to 8 demonstrate that the utilization of school capacity is 9 maximized to the greatest extent possible in the comprehensive 10 plan and amendment, taking into account transportation costs 11 and court-approved desegregation plans, as well as other 12 factors. In addition, in order to achieve concurrency within 13 the service area boundaries selected by local governments and 14 school boards, the service area boundaries, together with the 15 standards for establishing those boundaries, shall be 16 identified and, included as supporting data and analysis for, 17 and adopted as part of the comprehensive plan. Any subsequent 18 change to the service area boundaries for purposes of a school 19 concurrency system shall be by plan amendment and shall be 20 exempt from the limitation on the frequency of plan amendments 21 in s. 163.3187(1). 22 3. Where school capacity is available on a 23 districtwide basis but school concurrency is applied on a less 24 than districtwide basis in the form of concurrency service 25 areas, if the adopted level-of-service standard cannot be met 26 in a particular service area as applied to an application for 27 a development permit and if the needed capacity for the 28 particular service area is available in one or more contiguous 29 service areas, as adopted by the local government, then the 30 development order may not shall be denied on the basis of 31 school concurrency, and if issued, development impacts shall 42 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 be shifted to contiguous service areas with schools having 2 available capacity and mitigation measures shall not be 3 exacted. 4 (d) Financial feasibility.--The Legislature recognizes 5 that financial feasibility is an important issue because the 6 premise of concurrency is that the public facilities will be 7 provided in order to achieve and maintain the adopted 8 level-of-service standard. This part and chapter 9J-5, Florida 9 Administrative Code, contain specific standards to determine 10 the financial feasibility of capital programs. These standards 11 were adopted to make concurrency more predictable and local 12 governments more accountable. 13 1. A comprehensive plan amendment seeking to impose 14 school concurrency shall contain appropriate amendments to the 15 capital improvements element of the comprehensive plan, 16 consistent with the requirements of s. 163.3177(3) and rule 17 9J-5.016, Florida Administrative Code. The capital 18 improvements element shall set forth a financially feasible 19 public school capital facilities program, established in 20 conjunction with the school board, that demonstrates that the 21 adopted level-of-service standards will be achieved and 22 maintained. 23 2. Such amendments shall demonstrate that the public 24 school capital facilities program meets all of the financial 25 feasibility standards of this part and chapter 9J-5, Florida 26 Administrative Code, that apply to capital programs which 27 provide the basis for mandatory concurrency on other public 28 facilities and services. 29 3. When the financial feasibility of a public school 30 capital facilities program is evaluated by the state land 31 planning agency for purposes of a compliance determination, 43 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 the evaluation shall be based upon the service areas selected 2 by the local governments and school board. 3 (e) Availability standard.--Consistent with the public 4 welfare, a local government may not deny an application for 5 site plan, final subdivision approval, or the functional 6 equivalent for a development or phase of a development permit 7 authorizing residential development for failure to achieve and 8 maintain the level-of-service standard for public school 9 capacity in a local option school concurrency management 10 system where adequate school facilities will be in place or 11 under actual construction within 3 years after the permit 12 issuance of final subdivision or site plan approval, or the 13 functional equivalent. School concurrency shall be satisfied 14 if the developer executes a development order may be approved 15 if the developer executes a legally binding commitment to 16 provide mitigation proportionate to the demand for public 17 school facilities to be created by actual development of the 18 property, including, but not limited to, the options described 19 in subparagraph 1. Options for proportionate-share mitigation 20 of impacts on public school facilities shall be established in 21 the public school facilities element and the interlocal 22 agreement pursuant to s. 163.31777. 23 1. Appropriate mitigation options include the 24 contribution of land; the construction, expansion, or payment 25 for land acquistion or construction of a public school 26 facility; or the creation of mitigation banking based on the 27 construction of a public school facility in exchange for the 28 right to sell capacity credits. Such options must include 29 execution by the applicant and the local government of a 30 binding development agreement that constitutes a legally 31 binding commitment to pay proportionate-share mitigation for 44 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 the additional residential units approved by the local 2 government in a development order and actually developed on 3 the property, taking into account residential density allowed 4 on the property prior to the plan amendment that increased 5 overall residential density. The district school board shall 6 be a party to such an agreement. As a condition of its entry 7 into such a development agreement, the local government may 8 require the landowner to agree to continuing renewal of the 9 agreement upon its expiration. 10 2. If the education facilities plan and the public 11 educational facilities element authorize a contribution of 12 land; the construction, expansion, or payment for land 13 acquistion; or the construction or expansion of a public 14 school facility, or a portion thereof, as proportionate-share 15 mitigation, the local government shall credit such a 16 contribution, construction, expansion, or payment toward any 17 other impact fee or exaction imposed by local ordinance for 18 the same need, on a dollar-for-dollar basis at fair market 19 value. 20 3. Any proportionate-share mitigation must be directed 21 by the school board toward a school capacity improvement 22 identified in a financially feasible 5-year district work plan 23 and which satisfies the demands created by that development in 24 accordance with a binding developer's agreement. 25 4. This paragraph does not limit the authority of a 26 local government to deny a development permit or its 27 functional equivalent pursuant to its home-rule regulatory 28 powers, except as provided in this part. 29 (f) Intergovernmental coordination.-- 30 1. When establishing concurrency requirements for 31 public schools, a local government shall satisfy the 45 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 requirements for intergovernmental coordination set forth in 2 s. 163.3177(6)(h)1. and 2., except that a municipality is not 3 required to be a signatory to the interlocal agreement 4 required by ss. s. 163.3177(6)(h)2. and 163.31777(6), as a 5 prerequisite for imposition of school concurrency, and as a 6 nonsignatory, shall not participate in the adopted local 7 school concurrency system, if the municipality meets all of 8 the following criteria for having no significant impact on 9 school attendance: 10 a. The municipality has issued development orders for 11 fewer than 50 residential dwelling units during the preceding 12 5 years, or the municipality has generated fewer than 25 13 additional public school students during the preceding 5 14 years. 15 b. The municipality has not annexed new land during 16 the preceding 5 years in land use categories which permit 17 residential uses that will affect school attendance rates. 18 c. The municipality has no public schools located 19 within its boundaries. 20 d. At least 80 percent of the developable land within 21 the boundaries of the municipality has been built upon. 22 2. A municipality which qualifies as having no 23 significant impact on school attendance pursuant to the 24 criteria of subparagraph 1. must review and determine at the 25 time of its evaluation and appraisal report pursuant to s. 26 163.3191 whether it continues to meet the criteria pursuant to 27 s. 163.31777(6). If the municipality determines that it no 28 longer meets the criteria, it must adopt appropriate school 29 concurrency goals, objectives, and policies in its plan 30 amendments based on the evaluation and appraisal report, and 31 enter into the existing interlocal agreement required by ss. 46 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 s. 163.3177(6)(h)2. and 163.31777, in order to fully 2 participate in the school concurrency system. If such a 3 municipality fails to do so, it will be subject to the 4 enforcement provisions of s. 163.3191. 5 (g) Interlocal agreement for school concurrency.--When 6 establishing concurrency requirements for public schools, a 7 local government must enter into an interlocal agreement that 8 which satisfies the requirements in ss. s. 163.3177(6)(h)1. 9 and 2. and 163.31777 and the requirements of this subsection. 10 The interlocal agreement shall acknowledge both the school 11 board's constitutional and statutory obligations to provide a 12 uniform system of free public schools on a countywide basis, 13 and the land use authority of local governments, including 14 their authority to approve or deny comprehensive plan 15 amendments and development orders. The interlocal agreement 16 shall be submitted to the state land planning agency by the 17 local government as a part of the compliance review, along 18 with the other necessary amendments to the comprehensive plan 19 required by this part. In addition to the requirements of ss. 20 s. 163.3177(6)(h) and 163.31777, the interlocal agreement 21 shall meet the following requirements: 22 1. Establish the mechanisms for coordinating the 23 development, adoption, and amendment of each local 24 government's public school facilities element with each other 25 and the plans of the school board to ensure a uniform 26 districtwide school concurrency system. 27 2. Establish a process by which each local government 28 and the school board shall agree and base their plans on 29 consistent projections of the amount, type, and distribution 30 of population growth and coordinate and share information 31 relating to existing and planned public school facilities 47 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 projections and proposals for development and redevelopment, 2 and infrastructure required to support public school 3 facilities. 4 2.3. Establish a process for the development of siting 5 criteria which encourages the location of public schools 6 proximate to urban residential areas to the extent possible 7 and seeks to collocate schools with other public facilities 8 such as parks, libraries, and community centers to the extent 9 possible. 10 3.4. Specify uniform, districtwide level-of-service 11 standards for public schools of the same type and the process 12 for modifying the adopted level-of-service standards. 13 4.5. Establish a process for the preparation, 14 amendment, and joint approval by each local government and the 15 school board of a public school capital facilities program 16 which is financially feasible, and a process and schedule for 17 incorporation of the public school capital facilities program 18 into the local government comprehensive plans on an annual 19 basis. 20 5.6. Define the geographic application of school 21 concurrency. If school concurrency is to be applied on a less 22 than districtwide basis in the form of concurrency service 23 areas, the agreement shall establish criteria and standards 24 for the establishment and modification of school concurrency 25 service areas. The agreement shall also establish a process 26 and schedule for the mandatory incorporation of the school 27 concurrency service areas and the criteria and standards for 28 establishment of the service areas into the local government 29 comprehensive plans. The agreement shall ensure maximum 30 utilization of school capacity, taking into account 31 transportation costs and court-approved desegregation plans, 48 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 as well as other factors. The agreement shall also ensure the 2 achievement and maintenance of the adopted level-of-service 3 standards for the geographic area of application throughout 4 the 5 years covered by the public school capital facilities 5 plan and thereafter by adding a new fifth year during the 6 annual update. 7 6.7. Establish a uniform districtwide procedure for 8 implementing school concurrency which provides for: 9 a. The evaluation of development applications for 10 compliance with school concurrency requirements, including 11 information provided by the school board on affected schools, 12 impact on levels of service, and programmed improvements for 13 affected schools and any options to provide sufficient 14 capacity; 15 b. An opportunity for the school board to review and 16 comment on the effect of comprehensive plan amendments and 17 rezonings on the public school facilities plan; and 18 c. The monitoring and evaluation of the school 19 concurrency system. 20 7.8. Include provisions relating to termination, 21 suspension, and amendment of the agreement. The agreement 22 shall provide that if the agreement is terminated or 23 suspended, the application of school concurrency shall be 24 terminated or suspended. 25 8. A process and uniform methodology for determining 26 proportionate-share mitigation pursuant to subparagraph (e)1. 27 (h) This subsection does not limit the authority of a 28 local government to grant or deny a development permit or its 29 functional equivalent prior to the implementation of school 30 concurrency. 31 (15)(a) Multimodal transportation districts may be 49 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 established under a local government comprehensive plan in 2 areas delineated on the future land use map for which the 3 local comprehensive plan assigns secondary priority to vehicle 4 mobility and primary priority to assuring a safe, comfortable, 5 and attractive pedestrian environment, with convenient 6 interconnection to transit. Such districts must incorporate 7 community design features that will reduce the number of 8 automobile trips or vehicle miles of travel and will support 9 an integrated, multimodal transportation system. Prior to the 10 designation of multimodal transportation districts, the 11 Department of Transportation shall be consulted by the local 12 government to assess the impact that the proposed multimodal 13 district area is expected to have on the adopted level of 14 service standards established for Strategic Intermodal System 15 facilities, as defined in s. 339.64. Further, the local 16 government shall, in cooperation with the Department of 17 Transportation, develop a plan to mitigate any impacts to the 18 Strategic Intermodal System, including the development of a 19 long-term concurrency management system pursuant to ss. 20 163.3177(3)(d) and 163.3180(9). Multimodal transportation 21 districts existing prior to July 1, 2005, shall meet, at a 22 minimum, the provisions of this section by July 1, 2006, or at 23 the time of the comprehensive plan update pursuant to the 24 evaluation and appraisal report, whichever occurs last. 25 (b) Community design elements of such a district 26 include: a complementary mix and range of land uses, including 27 educational, recreational, and cultural uses; interconnected 28 networks of streets designed to encourage walking and 29 bicycling, with traffic-calming where desirable; appropriate 30 densities and intensities of use within walking distance of 31 transit stops; daily activities within walking distance of 50 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 residences, allowing independence to persons who do not drive; 2 public uses, streets, and squares that are safe, comfortable, 3 and attractive for the pedestrian, with adjoining buildings 4 open to the street and with parking not interfering with 5 pedestrian, transit, automobile, and truck travel modes. 6 (c) Local governments may establish multimodal 7 level-of-service standards that rely primarily on nonvehicular 8 modes of transportation within the district, when justified by 9 an analysis demonstrating that the existing and planned 10 community design will provide an adequate level of mobility 11 within the district based upon professionally accepted 12 multimodal level-of-service methodologies. The analysis must 13 take into consideration the impact on the Florida Intrastate 14 Highway System. The analysis must also demonstrate that the 15 capital improvements required to promote community design are 16 financially feasible over the development or redevelopment 17 timeframe for the district and that community design features 18 within the district provide convenient interconnection for a 19 multimodal transportation system. Local governments may issue 20 development permits in reliance upon all planned community 21 design capital improvements that are financially feasible over 22 the development or redevelopment timeframe for the district, 23 without regard to the period of time between development or 24 redevelopment and the scheduled construction of the capital 25 improvements. A determination of financial feasibility shall 26 be based upon currently available funding or funding sources 27 that could reasonably be expected to become available over the 28 planning period. 29 (d) Local governments may reduce impact fees or local 30 access fees for development within multimodal transportation 31 districts based on the reduction of vehicle trips per 51 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 household or vehicle miles of travel expected from the 2 development pattern planned for the district. 3 (16) It is the intent of the Legislature to provide an 4 alternative method by which the impacts of development can be 5 mitigated by the cooperative efforts of the public and private 6 sector with respect to transportation, including transit where 7 applicable, public schools, and parks and recreation. Any 8 methodology used to calculate proportionate share 9 contributions must ensure that a development is only assessed 10 to fund improvements to facilities or services that are 11 reasonably attributable to the impacts of such development. 12 (a) A local government shall specifically authorize in 13 its comprehensive plan proportionate fair-share mitigation to 14 satisfy concurrency requirements applicable to transportation, 15 parks and recreation, and public schools. 16 (b) A local government's land development regulations 17 must include methodologies that will be applied to calculate 18 proportionate fair-share mitigation for individual projects. 19 These methodologies must ensure that proportionate fair-share 20 mitigation not exceed the mitigation required to mitigate 21 impacts reasonably attributable to the impacts of a particular 22 project. 23 (c) Proportionate fair-share mitigation shall include, 24 without limitation, separately or collectively, cash payments, 25 contribution of land, and construction and contribution of 26 facilities. 27 (d) A local government may impose proportionate 28 fair-share mitigation on projects prior to a failure of the 29 facility to meet established levels of service. However, to 30 the maximum extent feasible, such mitigation shall be applied 31 to an impacted transportation facility commensurate to the 52 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 degree of impact to the facility. 2 (e) Proportionate fair-share mitigation must be 3 applied by the local government to mitigate impacts reasonably 4 attributable to a project. The timing for application of 5 mitigation and the methods by which it will be applied to 6 concurrency requirements shall be established in the local 7 plan amendment referenced in paragraph (a) and shall be 8 consistent with the capital improvements element of the local 9 plan. 10 (f) Mitigation for development impacts to facilities 11 on the Strategic Intermodal System or other facilities by the 12 local government, which are subject to the level-of-service 13 standard established by the Department of Transportation, 14 shall require the concurrence of the Department of 15 Transportation. 16 (g) By December 1, 2006, each local government shall 17 adopt by ordinance a transportation concurrency management 18 system that shall include a methodology for assessing 19 proportionate fair-share mitigation options. By December 1, 20 2005, the Department of Transportation shall develop a model 21 transportation concurrency management ordinance with 22 methodologies for assessing proportionate fair-share 23 mitigation options. 24 (h) Mitigation for development impacts to public 25 schools shall require the concurrence of the local school 26 board pursuant to subsection (13). 27 (i) Each school district shall adopt by rule 28 methodologies for determining proportionate fair-share 29 mitigation for public schools within a district. Once adopted, 30 local governments shall apply these methodologies for public 31 school facilities as part of a proportionate fair-share 53 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 mitigation agreement or development order for the project. 2 Section 6. Subsection (17) is added to section 3 163.3184, Florida Statutes, to read: 4 163.3184 Process for adoption of comprehensive plan or 5 plan amendment.-- 6 (17) A local government that has adopted a community 7 vision and urban service boundary under s. 163.31773(13) and 8 (14) may adopt a plan amendment related to map amendments 9 solely to property within an urban service boundary in the 10 manner described in subsections (1), (2), (7), (14), (15), and 11 (16) and s. 163.3187(1)(c)1.d. and e., 2., and 3., such that 12 state and regional agency review is eliminated. The department 13 may not issue an objections, recommendations, and comments 14 report on proposed plan amendments or a notice of intent on 15 adopted plan amendments; however, affected persons, as defined 16 by paragraph (1)(a), may file a petition for administrative 17 review pursuant to the requirements of s. 163.3187(3)(a) to 18 challenge the compliance of an adopted plan amendment. This 19 subsection does not apply to a text change to the goals, 20 policies, or objectives of the local government's 21 comprehensive plan. Amendments submitted under this subsection 22 are exempt from the limitation on the frequency of plan 23 amendments in s. 163.3187. 24 Section 7. Subsections (2) and (10) of section 25 163.3191, Florida Statutes, are amended to read: 26 163.3191 Evaluation and appraisal of comprehensive 27 plan.-- 28 (2) The report shall present an evaluation and 29 assessment of the comprehensive plan and shall contain 30 appropriate statements to update the comprehensive plan, 31 including, but not limited to, words, maps, illustrations, or 54 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 other media, related to: 2 (a) Population growth and changes in land area, 3 including annexation, since the adoption of the original plan 4 or the most recent update amendments. 5 (b) The extent of vacant and developable land. 6 (c) The financial feasibility of implementing the 7 comprehensive plan and of providing needed infrastructure to 8 achieve and maintain adopted level-of-service standards and 9 sustain concurrency management systems through the capital 10 improvements element, as well as the ability to address 11 infrastructure backlogs and meet the demands of growth on 12 public services and facilities. 13 (d) The location of existing development in relation 14 to the location of development as anticipated in the original 15 plan, or in the plan as amended by the most recent evaluation 16 and appraisal report update amendments, such as within areas 17 designated for urban growth. 18 (e) An identification of the major issues for the 19 jurisdiction and, where pertinent, the potential social, 20 economic, and environmental impacts. 21 (f) Relevant changes to the state comprehensive plan, 22 the requirements of this part, the minimum criteria contained 23 in chapter 9J-5, Florida Administrative Code, and the 24 appropriate strategic regional policy plan since the adoption 25 of the original plan or the most recent evaluation and 26 appraisal report update amendments. 27 (g) An assessment of whether the plan objectives 28 within each element, as they relate to major issues, have been 29 achieved. The report shall include, as appropriate, an 30 identification as to whether unforeseen or unanticipated 31 changes in circumstances have resulted in problems or 55 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 opportunities with respect to major issues identified in each 2 element and the social, economic, and environmental impacts of 3 the issue. 4 (h) A brief assessment of successes and shortcomings 5 related to each element of the plan. 6 (i) The identification of any actions or corrective 7 measures, including whether plan amendments are anticipated to 8 address the major issues identified and analyzed in the 9 report. Such identification shall include, as appropriate, 10 new population projections, new revised planning timeframes, a 11 revised future conditions map or map series, an updated 12 capital improvements element, and any new and revised goals, 13 objectives, and policies for major issues identified within 14 each element. This paragraph shall not require the submittal 15 of the plan amendments with the evaluation and appraisal 16 report. 17 (j) A summary of the public participation program and 18 activities undertaken by the local government in preparing the 19 report. 20 (k) The coordination of the comprehensive plan with 21 existing public schools and those identified in the applicable 22 educational facilities plan adopted pursuant to s. 1013.35. 23 The assessment shall address, where relevant, the success or 24 failure of the coordination of the future land use map and 25 associated planned residential development with public schools 26 and their capacities, as well as the joint decisionmaking 27 processes engaged in by the local government and the school 28 board in regard to establishing appropriate population 29 projections and the planning and siting of public school 30 facilities. For those counties or municipalities that do not 31 have a public schools interlocal agreement or public school 56 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 facility element, the assessment shall determine whether the 2 local government continues to meet the criteria of s. 3 163.3177(12). If the county or municipality determines that it 4 no longer meets the criteria, it must adopt appropriate school 5 concurrency goals, objectives, and policies in its plan 6 amendments pursuant to the requirements of the public school 7 facility element, and enter into the existing interlocal 8 agreement required by ss. 163.3177(6)(h)2. and 163.31777 in 9 order to fully participate in the school concurrency system. 10 If the issues are not relevant, the local government shall 11 demonstrate that they are not relevant. 12 (l) The extent to which the local government has been 13 successful in identifying alternative water supply projects 14 and traditional water supply projects, including conservation 15 and reuse, necessary to meet the water needs identified in s. 16 373.0361(2)(a) within the local government's jurisdiction. The 17 report must evaluate the degree to which the local government 18 has implemented the work plan for building public, private, 19 and regional water supply facilities, including development of 20 alternative water supplies, The evaluation must consider the 21 appropriate water management district's regional water supply 22 plan approved pursuant to s. 373.0361. The potable water 23 element must be revised to include a work plan, covering at 24 least a 10-year planning period, for building any water supply 25 facilities that are identified in the element as necessary to 26 serve existing and new development and for which the local 27 government is responsible. 28 (m) If any of the jurisdiction of the local government 29 is located within the coastal high-hazard area, an evaluation 30 of whether any past reduction in land use density impairs the 31 property rights of current residents when redevelopment 57 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 occurs, including, but not limited to, redevelopment following 2 a natural disaster. The property rights of current residents 3 shall be balanced with public safety considerations. The local 4 government must identify strategies to address redevelopment 5 feasibility and the property rights of affected residents. 6 These strategies may include the authorization of 7 redevelopment up to the actual built density in existence on 8 the property prior to the natural disaster or redevelopment. 9 (n) An assessment of whether the criteria adopted 10 pursuant to s. 163.3177(6)(a) were successful in achieving 11 compatibility with military installations. 12 (o) The extent to which a concurrency exception area 13 designated pursuant to s. 163.3180(5), a concurrency 14 management area designated pursuant to s. 163.3180(7), or a 15 multimodal district designated pursuant to s. 163.3180(15) has 16 achieved the purpose for which it was created and otherwise 17 complies with the provisions of s. 163.3180. 18 (p) An assessment of the extent to which changes are 19 needed to develop a common methodology for measuring impacts 20 on transportation facilities for the purpose of implementing 21 its concurrency management system in coordination with the 22 municipalities and counties, as appropriate pursuant to s. 23 163.3180(10). 24 (10) The governing body shall amend its comprehensive 25 plan based on the recommendations in the report and shall 26 update the comprehensive plan based on the components of 27 subsection (2), pursuant to the provisions of ss. 163.3184, 28 163.3187, and 163.3189. Amendments to update a comprehensive 29 plan based on the evaluation and appraisal report shall be 30 adopted during a single amendment cycle within 18 months after 31 the report is determined to be sufficient by the state land 58 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 planning agency, except the state land planning agency may 2 grant an extension for adoption of a portion of such 3 amendments. The state land planning agency may grant a 4 6-month extension for the adoption of such amendments if the 5 request is justified by good and sufficient cause as 6 determined by the agency. An additional extension may also be 7 granted if the request will result in greater coordination 8 between transportation and land use, for the purposes of 9 improving Florida's transportation system, as determined by 10 the agency in coordination with the Metropolitan Planning 11 Organization program. Failure to timely adopt update 12 amendments to the comprehensive plan based on the evaluation 13 and appraisal report shall result in a local government being 14 prohibited from adopting amendments to the comprehensive plan 15 until the evaluation and appraisal report update amendments 16 have been adopted and transmitted to the state land planning 17 agency. The prohibition on plan amendments shall commence when 18 the update amendments to the comprehensive plan are past due. 19 The comprehensive plan as amended shall be in compliance as 20 defined in s. 163.3184(1)(b). Within 6 months after the 21 effective date of the update amendments to the comprehensive 22 plan, the local government shall provide to the state land 23 planning agency and to all agencies designated by rule a 24 complete copy of the updated comprehensive plan. 25 Section 8. Effective January 1, 2006, subsections (1), 26 (2), (3), and (6) of section 212.055, Florida Statutes, are 27 amended to read: 28 212.055 Discretionary sales surtaxes; legislative 29 intent; authorization and use of proceeds.--It is the 30 legislative intent that any authorization for imposition of a 31 discretionary sales surtax shall be published in the Florida 59 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 Statutes as a subsection of this section, irrespective of the 2 duration of the levy. Each enactment shall specify the types 3 of counties authorized to levy; the rate or rates which may be 4 imposed; the maximum length of time the surtax may be imposed, 5 if any; the procedure which must be followed to secure voter 6 approval, if required; the purpose for which the proceeds may 7 be expended; and such other requirements as the Legislature 8 may provide. Taxable transactions and administrative 9 procedures shall be as provided in s. 212.054. 10 (1) CHARTER COUNTY TRANSIT SYSTEM SURTAX.-- 11 (a)1. Each charter county which adopted a charter 12 prior to January 1, 1984, and each county the government of 13 which is consolidated with that of one or more municipalities, 14 may levy a discretionary sales surtax, subject to approval by 15 a majority vote of the electorate of the county, a majority 16 vote of the governing body, or by a charter amendment approved 17 by a majority vote of the electorate of the county. 18 2. Notwithstanding paragraphs (e) and (f), if a 19 noncharter county or a charter county has updated its capital 20 improvements element no earlier than 2005 and if its 21 comprehensive plan has been determined to be in compliance, 22 the noncharter county or charter county may levy a 23 discretionary sales surtax pursuant to this subsection by 24 majority vote of the membership of its governing body or 25 subject to a referendum. The use of the proceeds of the surtax 26 shall be used by the county subject to the provisions of 27 subparagraph (d)5. Surtaxes imposed by majority vote must be 28 used to supplement, not supplant, existing infrastructure 29 funding. A charter county may levy a surtax under both this 30 subparagraph and subparagraph 1. for a combined rate up to 1 31 percent. 60 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 (b) The rate shall be 0.5 percent or up to 1 percent. 2 (c) The proposal to adopt a discretionary sales surtax 3 as provided in this subsection and to create a trust fund 4 within the county accounts shall be placed on the ballot in 5 accordance with law at a time to be set at the discretion of 6 the governing body. 7 (d) Proceeds from the surtax shall be applied to as 8 many or as few of the uses enumerated below in whatever 9 combination the county commission deems appropriate: 10 1. Deposited by the county in the trust fund and shall 11 be used for the purposes of development, construction, 12 equipment, maintenance, operation, supportive services, 13 including a countywide bus system, and related costs of a 14 fixed guideway rapid transit system; 15 2. Remitted by the governing body of the county to an 16 expressway or transportation authority created by law to be 17 used, at the discretion of such authority, for the 18 development, construction, operation, or maintenance of roads 19 or bridges in the county, for the operation and maintenance of 20 a bus system, for the payment of principal and interest on 21 existing bonds issued for the construction of such roads or 22 bridges, and, upon approval by the county commission, such 23 proceeds may be pledged for bonds issued to refinance existing 24 bonds or new bonds issued for the construction of such roads 25 or bridges; 26 3. Used by the charter county for the development, 27 construction, operation, and maintenance of roads and bridges 28 in the county; for the expansion, operation, and maintenance 29 of bus and fixed guideway systems; and for the payment of 30 principal and interest on bonds issued for the construction of 31 fixed guideway rapid transit systems, bus systems, roads, or 61 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 bridges; and such proceeds may be pledged by the governing 2 body of the county for bonds issued to refinance existing 3 bonds or new bonds issued for the construction of such fixed 4 guideway rapid transit systems, bus systems, roads, or bridges 5 and no more than 25 percent used for nontransit uses; and 6 4. Used by the charter county for the planning, 7 development, construction, operation, and maintenance of roads 8 and bridges in the county; for the planning, development, 9 expansion, operation, and maintenance of bus and fixed 10 guideway systems; and for the payment of principal and 11 interest on bonds issued for the construction of fixed 12 guideway rapid transit systems, bus systems, roads, or 13 bridges; and such proceeds may be pledged by the governing 14 body of the county for bonds issued to refinance existing 15 bonds or new bonds issued for the construction of such fixed 16 guideway rapid transit systems, bus systems, roads, or 17 bridges. Pursuant to an interlocal agreement entered into 18 pursuant to chapter 163, the governing body of the charter 19 county may distribute proceeds from the tax to a municipality, 20 or an expressway or transportation authority created by law to 21 be expended for the purpose authorized by this paragraph. If 22 imposed by a majority vote of the governing body and there is 23 no interlocal agreement with a municipality, distribution of 24 the surtax proceeds from subparagraphs 1., 2., and 3. and this 25 subparagraph shall be according to the formula provided in s. 26 218.62. 27 5. Used by the county to fund regionally-significant 28 transportation projects identified in a regional 29 transportation plan developed in accordance with s. 30 339.155(c), (d), and (e), and capital funding for projects 31 under the New Starts Transit Program specified in s. 341.051. 62 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 Projects to be funded shall be in compliance with part II of 2 chapter 163 after the effective date of this act or to 3 implement a long-term concurrency management system adopted by 4 a local government in accordance with s. 163.3177(3) or (9). 5 (e) Surtaxes imposed by majority vote must be used to 6 supplement, not supplant, existing infrastructure funding. In 7 order to impose the surtax by a majority vote of the governing 8 body, the county must go through the following process: 9 1. An advisory board must be created to make 10 recommendations to the board of county commissioners regarding 11 infrastructure projects to address the needs of the community. 12 The governing body of the county shall appoint members to the 13 advisory board who represent the diversity of the community 14 and shall include individuals having an interest in business, 15 finance and accounting, economic development, the environment, 16 transportation, municipal government, education, and public 17 safety and growth management professionals. Based on the 18 estimated amount of the surtax collections, the advisory board 19 must conduct at least two public workshops to develop a 20 project list. Priority shall be given to projects that address 21 existing infrastructure deficits identified in a long-term 22 concurrency management system adopted by a local government in 23 accordance with s. 163.3177(3) or (9) or identified in the 24 capital improvements element. A quorum shall consist of a 25 majority of the advisory board members and is necessary to 26 take any action regarding recommendations to the governing 27 board of the local government. The board of county 28 commissioners shall provide staff support to the advisory 29 board. All advisory board meetings are open to the public, and 30 minutes of the meetings shall be available to the public. 31 2. After the advisory board submits the project list 63 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 to the board of county commissioners, it may be amended by the 2 board of county commissioners. A public notice must be given 3 of the intent to add additional projects or remove projects 4 recommended by the advisory board. Actions to amend the 5 project list may be taken at the noticed public hearing. Once 6 amended, the list may not be approved at the same meeting at 7 which it was amended. Notice of the intent to adopt the 8 project list must be given and the list must be approved at a 9 subsequent public meeting that may not be held sooner than 14 10 days after the meeting at which the project list was amended. 11 3. If the board of county commissioners does not amend 12 the recommended project list, it may adopt the proposed 13 project list at a public meeting following public notice of 14 the intent to adopt the recommendations of the advisory board. 15 4. The capital improvements schedule of the local 16 government comprehensive plan shall be updated to reflect the 17 project list pursuant to s. 163.3177(3). 18 5. Once the project list has been adopted, the board 19 may give notice of the intent to adopt the surtax by 20 ordinance. The board of county commissioners shall conduct a 21 public hearing to allow for public input on the proposed 22 surtax. The ordinance enacting the surtax may not be adopted 23 at the same meeting as that at which the project list is 24 adopted. 25 6. Once the ordinance adopting the surtax has been 26 enacted, the project list can be amended only in the following 27 manner. The board of county commissioners must give notice of 28 the intent to hold a public hearing to discuss adding or 29 removing projects from the list. The board of county 30 commissioners must take public testimony on the proposal. 31 Action may not be taken at that meeting with regards to the 64 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 proposal to amend the project list. Action may be taken at a 2 subsequent noticed public meeting that must be held at least 3 14 days after the meeting at which the proposed changes to the 4 project list were discussed. 5 7. If the tax is implemented, the advisory board shall 6 monitor the expenditure of the tax proceeds and shall hold 7 semiannual meetings. The advisory board shall also monitor 8 whether the county has maintained or increased the level of 9 infrastructure expenditures over the previous 5 years. 10 (f) A county may not levy the surtax by majority vote 11 of the governing body unless it has adopted a community vision 12 and an urban service boundary under s. 163.3177(13) and (14). 13 Municipalities within a charter county that levies the surtax 14 by majority vote may not receive surtax proceeds unless they 15 have also completed these requirements. Surtax proceeds may 16 only be expended within an urban service boundary. 17 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- 18 (a)1. The governing authority in each county may levy 19 a discretionary sales surtax of 0.5 percent or 1 percent. The 20 levy of the surtax shall be pursuant to ordinance enacted by a 21 majority of the members of the county governing authority or 22 and approved by a majority of the electors of the county 23 voting in a referendum on the surtax. If the governing bodies 24 of the municipalities representing a majority of the county's 25 population adopt uniform resolutions establishing the rate of 26 the surtax and calling for a referendum on the surtax, the 27 levy of the surtax shall be placed on the ballot and shall 28 take effect if approved by a majority of the electors of the 29 county voting in the referendum on the surtax. 30 2. If the surtax was levied pursuant to a referendum 31 held before July 1, 1993, the surtax may not be levied beyond 65 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 the time established in the ordinance, or, if the ordinance 2 did not limit the period of the levy, the surtax may not be 3 levied for more than 15 years. The levy of such surtax may be 4 extended only by approval of a majority of the electors of the 5 county voting in a referendum on the surtax. 6 (b) A statement which includes a brief general 7 description of the projects to be funded by the surtax and 8 which conforms to the requirements of s. 101.161 shall be 9 placed on the ballot by the governing authority of any county 10 which enacts an ordinance calling for a referendum on the levy 11 of the surtax or in which the governing bodies of the 12 municipalities representing a majority of the county's 13 population adopt uniform resolutions calling for a referendum 14 on the surtax. The following question shall be placed on the 15 ballot: 16 17 ....FOR the ....-cent sales tax 18 ....AGAINST the ....-cent sales tax 19 20 (c) Pursuant to s. 212.054(4), the proceeds of the 21 surtax levied under this subsection shall be distributed to 22 the county and the municipalities within such county in which 23 the surtax was collected, according to: 24 1. An interlocal agreement between the county 25 governing authority and the governing bodies of the 26 municipalities representing a majority of the county's 27 municipal population, which agreement may include a school 28 district with the consent of the county governing authority 29 and the governing bodies of the municipalities representing a 30 majority of the county's municipal population; or 31 2. If there is no interlocal agreement, according to 66 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 the formula provided in s. 218.62. 2 3 Any change in the distribution formula must take effect on the 4 first day of any month that begins at least 60 days after 5 written notification of that change has been made to the 6 department. 7 (d)1. The proceeds of the surtax authorized by this 8 subsection and any interest accrued thereto shall be expended 9 by the school district or within the county and municipalities 10 within the county, or, in the case of a negotiated joint 11 county agreement, within another county, to finance, plan, and 12 construct infrastructure and to acquire land for public 13 recreation or conservation or protection of natural resources 14 and to finance the closure of county-owned or municipally 15 owned solid waste landfills that are already closed or are 16 required to close by order of the Department of Environmental 17 Protection. Any use of such proceeds or interest for purposes 18 of landfill closure prior to July 1, 1993, is ratified. 19 Neither the proceeds nor any interest accrued thereto shall be 20 used for operational expenses of any infrastructure, except 21 that any county with a population of less than 75,000 that is 22 required to close a landfill by order of the Department of 23 Environmental Protection may use the proceeds or any interest 24 accrued thereto for long-term maintenance costs associated 25 with landfill closure. Counties, as defined in s. 125.011(1), 26 and charter counties may, in addition, use the proceeds and 27 any interest accrued thereto to retire or service indebtedness 28 incurred for bonds issued prior to July 1, 1987, for 29 infrastructure purposes, and for bonds subsequently issued to 30 refund such bonds. Any use of such proceeds or interest for 31 purposes of retiring or servicing indebtedness incurred for 67 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 such refunding bonds prior to July 1, 1999, is ratified. 2 2. For the purposes of this paragraph, 3 "infrastructure" means: 4 a. Any fixed capital expenditure or fixed capital 5 outlay associated with the construction, reconstruction, or 6 improvement of public facilities which have a life expectancy 7 of 5 or more years and any land acquisition, land improvement, 8 design, and engineering costs related thereto. 9 b. A fire department vehicle, an emergency medical 10 service vehicle, a sheriff's office vehicle, a police 11 department vehicle, or any other vehicle, and such equipment 12 necessary to outfit the vehicle for its official use or 13 equipment that has a life expectancy of at least 5 years. 14 c. Any expenditure for the construction, lease, or 15 maintenance of, or provision of utilities or security for, 16 facilities as defined in s. 29.008. 17 3. Notwithstanding any other provision of this 18 subsection, a discretionary sales surtax imposed or extended 19 after the effective date of this act may provide for an amount 20 not to exceed 15 percent of the local option sales surtax 21 proceeds to be allocated for deposit to a trust fund within 22 the county's accounts created for the purpose of funding 23 economic development projects of a general public purpose 24 targeted to improve local economies, including the funding of 25 operational costs and incentives related to such economic 26 development. The ballot statement must indicate the intention 27 to make an allocation under the authority of this 28 subparagraph. 29 (e) School districts, counties, and municipalities 30 receiving proceeds under the provisions of this subsection may 31 pledge such proceeds for the purpose of servicing new bond 68 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 indebtedness incurred pursuant to law. Local governments may 2 use the services of the Division of Bond Finance of the State 3 Board of Administration pursuant to the State Bond Act to 4 issue any bonds through the provisions of this subsection. In 5 no case may a jurisdiction issue bonds pursuant to this 6 subsection more frequently than once per year. Counties and 7 municipalities may join together for the issuance of bonds 8 authorized by this subsection. 9 (f)1. Notwithstanding paragraph (d), a county that has 10 a population of 50,000 or less on April 1, 1992, or any county 11 designated as an area of critical state concern on the 12 effective date of this act, and that imposed the surtax before 13 July 1, 1992, may use the proceeds and interest of the surtax 14 for any public purpose if: 15 a. The debt service obligations for any year are met; 16 b. The county's comprehensive plan has been determined 17 to be in compliance with part II of chapter 163; and 18 c. The county has adopted an amendment to the surtax 19 ordinance pursuant to the procedure provided in s. 125.66 20 authorizing additional uses of the surtax proceeds and 21 interest. 22 2. A municipality located within a county that has a 23 population of 50,000 or less on April 1, 1992, or within a 24 county designated as an area of critical state concern on the 25 effective date of this act, and that imposed the surtax before 26 July 1, 1992, may not use the proceeds and interest of the 27 surtax for any purpose other than an infrastructure purpose 28 authorized in paragraph (d) unless the municipality's 29 comprehensive plan has been determined to be in compliance 30 with part II of chapter 163 and the municipality has adopted 31 an amendment to its surtax ordinance or resolution pursuant to 69 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 the procedure provided in s. 166.041 authorizing additional 2 uses of the surtax proceeds and interest. Such municipality 3 may expend the surtax proceeds and interest for any public 4 purpose authorized in the amendment. 5 3. Those counties designated as an area of critical 6 state concern which qualify to use the surtax for any public 7 purpose may use only up to 10 percent of the surtax proceeds 8 for any public purpose other than for infrastructure purposes 9 authorized by this section. 10 (g) Notwithstanding paragraph (d), a county having a 11 population greater than 75,000 in which the taxable value of 12 real property is less than 60 percent of the just value of 13 real property for ad valorem tax purposes for the tax year in 14 which an infrastructure surtax referendum is placed before the 15 voters, and the municipalities within such a county, may use 16 the proceeds and interest of the surtax for operation and 17 maintenance of parks and recreation programs and facilities 18 established with the proceeds of the surtax throughout the 19 duration of the surtax levy or while interest earnings 20 accruing from the proceeds of the surtax are available for 21 such use, whichever period is longer. 22 (h) Notwithstanding any other provision of this 23 section, a county shall not levy local option sales surtaxes 24 authorized in this subsection and subsections (3), (4), and 25 (5) in excess of a combined rate of 1 percent. However, a 26 small county, as defined in paragraph (3)(a), may levy the 27 local option sales surtax authorized in this subsection and 28 subsection (3) for a combined rate of up to 2 percent. 29 Surtaxes imposed by majority vote must be used to supplement, 30 not supplant, existing infrastructure funding. In order to 31 impose the surtax by a majority vote of the governing body, 70 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 the county must go through the following process: 2 1. An advisory board must be created to make 3 recommendations to the board of county commissioners regarding 4 infrastructure projects to address the needs of the community. 5 The governing body of the county shall appoint members to the 6 advisory board who represent the diversity of the community 7 and shall include individuals having an interest in business, 8 economic development, the environment, transportation, 9 municipal government, education, and public safety and growth 10 management professionals. Based on the estimated amount of the 11 surtax collections, the advisory board must conduct at least 12 two public workshops to develop a project list. Priority shall 13 be given to projects that address existing infrastructure 14 deficits. A quorum shall consist of a majority of the advisory 15 board members and is necessary to take any action regarding 16 recommendations to the governing board of the local 17 government. The board of county commissioners shall provide 18 staff support to the advisory board. All advisory board 19 meetings are open to the public, and minutes of the meetings 20 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 project list may not be approved at the same 28 meeting at which it was amended. Notice of the intent to adopt 29 the project list must be given and the list must be approved 30 at a subsequent public meeting that may not be held sooner 31 than 14 days after the meeting at which the list was amended. 71 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 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 (j) A county may not levy this surtax by majority vote 72 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 of the governing body unless it has established an urban 2 service boundary under s. 163.3177(14) and has completed the 3 visioning requirements of s. 163.3177(13). Municipalities 4 within a county that levies the surtax by a majority vote may 5 not receive surtax proceeds unless they have also completed 6 these requirements. Surtax proceeds may only be expended 7 within an urban service boundary. 8 (3) SMALL COUNTY SURTAX.-- 9 (a) The governing authority in each county that has a 10 population of 50,000 or less on April 1, 1992, may levy a 11 discretionary sales surtax of 0.5 percent or 1 percent. The 12 levy of the surtax shall be pursuant to ordinance enacted by 13 an extraordinary vote of the members of the county governing 14 authority if the surtax revenues are expended for operating 15 purposes. If the surtax revenues are expended for the purpose 16 of servicing bond indebtedness, the surtax shall be approved 17 by a majority of the electors of the county voting in a 18 referendum on the surtax. 19 (b) A statement that includes a brief general 20 description of the projects to be funded by the surtax and 21 conforms to the requirements of s. 101.161 shall be placed on 22 the ballot by the governing authority of any county that 23 enacts an ordinance calling for a referendum on the levy of 24 the surtax for the purpose of servicing bond indebtedness. 25 The following question shall be placed on the ballot: 26 27 ....FOR the ....-cent sales tax 28 ....AGAINST the ....-cent sales tax 29 30 (c) Pursuant to s. 212.054(4), the proceeds of the 31 surtax levied under this subsection shall be distributed to 73 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 the county and the municipalities within the county in which 2 the surtax was collected, according to: 3 1. An interlocal agreement between the county 4 governing authority and the governing bodies of the 5 municipalities representing a majority of the county's 6 municipal population, which agreement may include a school 7 district with the consent of the county governing authority 8 and the governing bodies of the municipalities representing a 9 majority of the county's municipal population; or 10 2. If there is no interlocal agreement, according to 11 the formula provided in s. 218.62. 12 13 Any change in the distribution formula shall take effect on 14 the first day of any month that begins at least 60 days after 15 written notification of that change has been made to the 16 department. 17 (d)1. If the surtax is levied pursuant to a 18 referendum, the proceeds of the surtax and any interest 19 accrued thereto may be expended by the school district or 20 within the county and municipalities within the county, or, in 21 the case of a negotiated joint county agreement, within 22 another county, for the purpose of servicing bond indebtedness 23 to finance, plan, and construct infrastructure and to acquire 24 land for public recreation or conservation or protection of 25 natural resources. However, if the surtax is levied pursuant 26 to an ordinance approved by an extraordinary vote of the 27 members of the county governing authority, the proceeds and 28 any interest accrued thereto may be used for operational 29 expenses of any infrastructure or for any public purpose 30 authorized in the ordinance under which the surtax is levied. 31 2. For the purposes of this paragraph, 74 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 "infrastructure" means any fixed capital expenditure or fixed 2 capital costs associated with the construction, 3 reconstruction, or improvement of public facilities that have 4 a life expectancy of 5 or more years and any land acquisition, 5 land improvement, design, and engineering costs related 6 thereto. 7 (e) A school district, county, or municipality that 8 receives proceeds under this subsection following a referendum 9 may pledge the proceeds for the purpose of servicing new bond 10 indebtedness incurred pursuant to law. Local governments may 11 use the services of the Division of Bond Finance pursuant to 12 the State Bond Act to issue any bonds through the provisions 13 of this subsection. A jurisdiction may not issue bonds 14 pursuant to this subsection more frequently than once per 15 year. A county and municipality may join together to issue 16 bonds authorized by this subsection. 17 (f) Notwithstanding any other provision of this 18 section, a county shall not levy local option sales surtaxes 19 authorized in this subsection and subsection subsections (2), 20 (4), and (5) in excess of a combined rate of 1 percent. 21 (6) SCHOOL CAPITAL OUTLAY SURTAX.-- 22 (a) The school board in each county may levy, pursuant 23 to resolution conditioned to take effect only upon approval by 24 a majority vote of the electors of the county voting in a 25 referendum or by majority vote of the school board, a 26 discretionary sales surtax at a rate that may not exceed 0.5 27 percent. 28 (b) The resolution shall include a statement that 29 provides a brief and general description of the school capital 30 outlay projects to be funded by the surtax. The statement 31 shall conform to the requirements of s. 101.161 and shall be 75 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 placed on the ballot by the governing body of the county. The 2 following question shall be placed on the ballot: 3 4 ....FOR THE ....CENTS TAX 5 ....AGAINST THE ....CENTS TAX 6 7 (c) The resolution providing for the imposition of the 8 surtax shall set forth a plan for use of the surtax proceeds 9 for fixed capital expenditures or fixed capital costs 10 associated with the construction, reconstruction, or 11 improvement of school facilities and campuses which have a 12 useful life expectancy of 5 or more years, and any land 13 acquisition, land improvement, design, and engineering costs 14 related thereto. Additionally, the plan shall include the 15 costs of retrofitting and providing for technology 16 implementation, including hardware and software, for the 17 various sites within the school district. Surtax revenues may 18 be used for the purpose of servicing bond indebtedness to 19 finance projects authorized by this subsection, and any 20 interest accrued thereto may be held in trust to finance such 21 projects. Neither the proceeds of the surtax nor any interest 22 accrued thereto shall be used for operational expenses. 23 (d) Any school board receiving proceeds from imposing 24 the surtax shall implement a freeze on noncapital local school 25 property taxes, at the millage rate imposed in the year prior 26 to the implementation of the surtax, for a period of at least 27 3 years from the date of imposition of the surtax. This 28 provision shall not apply to existing debt service or required 29 state taxes. 30 (e) Surtax revenues collected by the Department of 31 Revenue pursuant to this subsection shall be distributed to 76 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 the school board imposing the surtax in accordance with law. 2 (f) Surtaxes imposed by majority vote must be used to 3 supplement, not supplant, existing school capital outlay 4 funding. In order to impose the surtax by a majority vote of 5 the school board, the board must go through the following 6 process: 7 1. An advisory board must be created to make 8 recommendations to the school board regarding the use of the 9 surtax proceeds for fixed capital expenditures or fixed 10 capital costs associated with the construction, 11 reconstruction, or improvement of school facilities and 12 campuses that have a useful life expectancy of 5 or more years 13 and any land acquisition, land improvement, design, and 14 engineering costs related thereto. The school board shall 15 appoint members to the advisory board who represent the 16 diversity of the community and shall include individuals with 17 an interest in business, economic development, the 18 environment, municipal government, education, and public 19 safety and growth management professionals. Based on the 20 estimated amount of the surtax collections, the advisory board 21 will conduct at least two public workshops to develop a 22 project list. A quorum shall consist of a majority of the 23 advisory board members and is necessary to take any action 24 regarding recommendations to the school board. The school 25 board shall provide staff support to the advisory board. All 26 advisory board meetings are open to the public, and minutes of 27 the meetings shall be available to the public. The advisory 28 board shall submit the project list to the school board. The 29 school board must adopt or amend the project list by 30 resolution, and must submit the resolution to the board of 31 county commissioners. 77 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 2. After the advisory board submits the project list 2 to the school board, it may be amended by the school board 3 only in the following fashion. A public notice must be given 4 of the intent to add additional projects or remove projects 5 recommended by the advisory board. Actions to amend the 6 project list may be taken at the noticed public hearing. Once 7 amended, the project list must be approved at a subsequent 8 meeting. Notice of the intent to adopt the project list must 9 be given and the project list must be approved at a subsequent 10 public meeting that cannot be held sooner than 14 days after 11 the meeting at which the list was amended. 12 3. If the school board does not amend the recommended 13 project list, it may adopt the proposed project list at a 14 public meeting following public notice of the intent to adopt 15 the recommendations of the advisory board. 16 4. Once the project list has been adopted, the school 17 board may give notice of the intent to adopt the surtax by 18 resolution. The school board shall conduct a public hearing to 19 allow for public input on the proposed surtax. Enacting the 20 resolution for the surtax and adopting the project list may 21 not be accomplished at the same meeting. 22 5. Once the resolution adopting the surtax has been 23 enacted, the project list can be amended only in the following 24 manner. The school board must give notice of the intent to 25 hold a public hearing to discuss adding or removing projects 26 from the list. The school board must take public testimony on 27 the proposal. Action may not be taken at that meeting with 28 regards to the proposal to amend the project list. Action may 29 be taken at a subsequent noticed public meeting that must be 30 held at least 14 days after the meeting at which the proposed 31 changes to the project list were discussed. 78 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 6. If the tax is implemented, the advisory board shall 2 monitor the expenditure of the tax proceeds and shall hold 3 semiannual meetings. The advisory board shall also monitor 4 whether the school board has maintained or increased the level 5 of school capital outlay expenditures over the previous 5 6 years. 7 (g) If the surtax is levied by a majority vote of the 8 school board, the school board shall use due diligence and 9 sound business practices in the design, construction, and use 10 of educational facilities and may not exceed the maximum 11 cost-per-student station established in s. 1013.72(2). 12 Section 9. Subsection (1) of section 206.41, Florida 13 Statutes, is amended to read: 14 206.41 State taxes imposed on motor fuel.-- 15 (1) The following taxes are imposed on motor fuel 16 under the circumstances described in subsection (6): 17 (a) An excise or license tax of 2 cents per net 18 gallon, which is the tax as levied by s. 16, Art. IX of the 19 State Constitution of 1885, as amended, and continued by s. 20 9(c), Art. XII of the 1968 State Constitution, as amended, 21 which is therein referred to as the "second gas tax," and 22 which is hereby designated the "constitutional fuel tax." 23 (b) An additional tax of 1 cent per net gallon, which 24 is designated as the "county fuel tax" and which shall be used 25 for the purposes described in s. 206.60. 26 (c) An additional tax of 1 cent per net gallon, which 27 is designated as the "municipal fuel tax" and which shall be 28 used for the purposes described in s. 206.605. 29 (d)1. An additional tax of 1 cent per net gallon may 30 be imposed by each county on motor fuel, which shall be 31 designated as the "ninth-cent fuel tax." This tax shall be 79 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 levied and used as provided in s. 336.021. 2 2. Beginning January 1, 2006, and on January 1 of each 3 year thereafter, the tax rate set forth in subparagraph 1. 4 shall be adjusted by the percentage change in the average 5 consumer price index issued by the United States Department of 6 Labor for the most recent 12-month period ending September 30, 7 compared to the base year, which is the 12-month period ending 8 September 30, 2005, and rounded to the nearest tenth of a 9 cent. 10 3. The department shall notify each terminal supplier, 11 position holder, wholesaler, and importer of the tax rate 12 applicable under this paragraph for the 12-month period 13 beginning January 1. 14 (e)1. An additional tax of between 1 cent and 11 cents 15 per net gallon may be imposed on motor fuel by each county, 16 which shall be designated as the "local option fuel tax." 17 This tax shall be levied and used as provided in s. 336.025. 18 2. Beginning January 1, 2006, and on January 1 of each 19 year thereafter, the tax rate set forth in subparagraph 1. 20 shall be adjusted by the percentage change in the average 21 consumer price index issued by the United States Department of 22 Labor for the most recent 12-month period ending September 30, 23 compared to the base year, which is the 12-month period ending 24 September 30, 2005, and rounded to the nearest tenth of a 25 cent. 26 3. The department shall notify each terminal supplier, 27 position holder, wholesaler, and importer of the tax rate 28 applicable under this paragraph for the 12-month period 29 beginning January 1. 30 (f)1. An additional tax designated as the State 31 Comprehensive Enhanced Transportation System Tax is imposed on 80 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 each net gallon of motor fuel in each county. This tax shall 2 be levied and used as provided in s. 206.608. 3 2. The rate of the tax in each county shall be equal 4 to two-thirds of the lesser of the sum of the taxes imposed on 5 motor fuel pursuant to paragraphs (d) and (e) in such county 6 or 6 cents, rounded to the nearest tenth of a cent. 7 3. Beginning January 1, 1992, and on January 1 of each 8 year thereafter, the tax rate provided in subparagraph 2. 9 shall be adjusted by the percentage change in the average of 10 the Consumer Price Index issued by the United States 11 Department of Labor for the most recent 12-month period ending 12 September 30, compared to the base year average, which is the 13 average for the 12-month period ending September 30, 1990, and 14 rounded to the nearest tenth of a cent. 15 4. The department shall notify each terminal supplier, 16 position holder, wholesaler, and importer of the tax rate 17 applicable under this paragraph for the 12-month period 18 beginning January 1. 19 (g)1. An additional tax is imposed on each net gallon 20 of motor fuel, which tax is on the privilege of selling motor 21 fuel and which is designated the "fuel sales tax," at a rate 22 determined pursuant to this paragraph. Before January 1 of 23 1997, and of each year thereafter, the department shall 24 determine the tax rate applicable to the sale of fuel for the 25 forthcoming 12-month period beginning January 1, rounded to 26 the nearest tenth of a cent, by adjusting the initially 27 established tax rate of 6.9 cents per gallon by the percentage 28 change in the average of the Consumer Price Index issued by 29 the United States Department of Labor for the most recent 30 12-month period ending September 30, compared to the base year 31 average, which is the average for the 12-month period ending 81 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 September 30, 1989. However, the tax rate shall not be lower 2 than 6.9 cents per gallon. 3 2. The department is authorized to adopt rules and 4 adopt such forms as may be necessary for the administration of 5 this paragraph. 6 3. The department shall notify each terminal supplier, 7 position holder, wholesaler, and importer of the tax rate 8 applicable under this paragraph for the 12-month period 9 beginning January 1. 10 Section 10. Effective January 1, 2006, paragraph (a) 11 of subsection (1) of section 336.021, Florida Statutes, is 12 amended to read: 13 336.021 County transportation system; levy of 14 ninth-cent fuel tax on motor fuel and diesel fuel.-- 15 (1)(a) Any county in the state, by majority or 16 extraordinary vote of the membership of its governing body or 17 subject to a referendum, may levy the tax imposed by ss. 18 206.41(1)(d) and 206.87(1)(b). County and municipal 19 governments may use the moneys received under this paragraph 20 only for transportation expenditures as defined in s. 21 336.025(7). A county may not levy this surtax by majority vote 22 of the governing body unless it has adopted a community vision 23 under s. 163.3177(13). Municipalities within a county that 24 levies the surtax by a majority vote may not receive surtax 25 proceeds unless they have also completed this requirement. 26 Section 11. Paragraph (b) of subsection (1) of section 27 336.025, Florida Statutes, is amended to read: 28 336.025 County transportation system; levy of local 29 option fuel tax on motor fuel and diesel fuel.-- 30 (1) 31 (b) In addition to other taxes allowed by law, there 82 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 2 3-cent, 4-cent, or 5-cent local option fuel tax upon every 3 gallon of motor fuel sold in a county and taxed under the 4 provisions of part I of chapter 206. The tax shall be levied 5 by an ordinance adopted by a majority or majority plus one 6 vote of the membership of the governing body of the county or 7 by referendum. 8 1. All impositions and rate changes of the tax shall 9 be levied before July 1, to be effective January 1 of the 10 following year. However, levies of the tax which were in 11 effect on July 1, 2002, and which expire on August 31 of any 12 year may be reimposed at the current authorized rate effective 13 September 1 of the year of expiration. 14 2. The county may, prior to levy of the tax, establish 15 by interlocal agreement with one or more municipalities 16 located therein, representing a majority of the population of 17 the incorporated area within the county, a distribution 18 formula for dividing the entire proceeds of the tax among 19 county government and all eligible municipalities within the 20 county. If no interlocal agreement is adopted before the 21 effective date of the tax, tax revenues shall be distributed 22 pursuant to the provisions of subsection (4). If no interlocal 23 agreement exists, a new interlocal agreement may be 24 established prior to June 1 of any year pursuant to this 25 subparagraph. However, any interlocal agreement agreed to 26 under this subparagraph after the initial levy of the tax or 27 change in the tax rate authorized in this section shall under 28 no circumstances materially or adversely affect the rights of 29 holders of outstanding bonds which are backed by taxes 30 authorized by this paragraph, and the amounts distributed to 31 the county government and each municipality shall not be 83 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 reduced below the amount necessary for the payment of 2 principal and interest and reserves for principal and interest 3 as required under the covenants of any bond resolution 4 outstanding on the date of establishment of the new interlocal 5 agreement. 6 3. County and municipal governments shall use moneys 7 received pursuant to this paragraph for transportation 8 expenditures needed to meet the requirements of the capital 9 improvements element of an adopted comprehensive plan or for 10 expenditures needed to meet immediate local transportation 11 problems and for other transportation-related expenditures 12 that are critical for building comprehensive roadway networks 13 by local governments. For purposes of this paragraph, 14 expenditures for the construction of new roads, the 15 reconstruction or resurfacing of existing paved roads, or the 16 paving of existing graded roads shall be deemed to increase 17 capacity and such projects shall be included in the capital 18 improvements element of an adopted comprehensive plan. 19 Expenditures for purposes of this paragraph shall not include 20 routine maintenance of roads. 21 4. A county may not levy this surtax by majority vote 22 of the governing body unless it has adopted a community vision 23 under s. 163.3177(13). Municipalities within a county that 24 levies the surtax by a majority vote may not receive surtax 25 proceeds unless they have also completed this requirement. 26 Section 12. Paragraph (b) of subsection (4) of section 27 339.135, Florida Statutes, is amended to read: 28 339.135 Work program; legislative budget request; 29 definitions; preparation, adoption, execution, and 30 amendment.-- 31 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-- 84 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 (b)1. A tentative work program, including the ensuing 2 fiscal year and the successive 4 fiscal years, shall be 3 prepared for the State Transportation Trust Fund and other 4 funds managed by the department, unless otherwise provided by 5 law. The tentative work program shall be based on the 6 district work programs and shall set forth all projects by 7 phase to be undertaken during the ensuing fiscal year and 8 planned for the successive 4 fiscal years. The total amount of 9 the liabilities accruing in each fiscal year of the tentative 10 work program may not exceed the revenues available for 11 expenditure during the respective fiscal year based on the 12 cash forecast for that respective fiscal year. 13 2. The tentative work program shall be developed in 14 accordance with the Florida Transportation Plan required in s. 15 339.155 and must comply with the program funding levels 16 contained in the program and resource plan. 17 3. The department may include in the tentative work 18 program proposed changes to the programs contained in the 19 previous work program adopted pursuant to subsection (5); 20 however, the department shall minimize changes and adjustments 21 that affect the scheduling of project phases in the 4 common 22 fiscal years contained in the previous adopted work program 23 and the tentative work program. The department, in the 24 development of the tentative work program, shall advance by 1 25 fiscal year all projects included in the second year of the 26 previous year's adopted work program, unless the secretary 27 specifically determines that it is necessary, for specific 28 reasons, to reschedule or delete one or more projects from 29 that year. Such changes and adjustments shall be clearly 30 identified, and the effect on the 4 common fiscal years 31 contained in the previous adopted work program and the 85 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 tentative work program shall be shown. It is the intent of 2 the Legislature that the first 5 years of the adopted work 3 program for facilities designated as part of the Florida 4 Intrastate Highway System and the first 3 years of the adopted 5 work program stand as the commitment of the state to undertake 6 transportation projects that local governments may rely on for 7 planning and concurrency purposes and in the development and 8 amendment of the capital improvements elements of their local 9 government comprehensive plans. 10 4. The tentative work program must include a balanced 11 36-month forecast of cash and expenditures and a 5-year 12 finance plan supporting the tentative work program. 13 Section 13. The Office of Program Policy Analysis and 14 Government Accountability shall perform a study on adjustments 15 to the boundaries of Florida Regional Planning Councils, 16 Florida Water Management Districts, and Department of 17 Transportation Districts. The purpose of this study is to 18 organize these regional boundaries to be more coterminous with 19 one another, creating a more unified system of regional 20 boundaries. This study must be completed by December 31, 2005, 21 and submitted to the President of the Senate, the Speaker of 22 the House of Representatives, and the Governor by January 15, 23 2006. 24 Section 14. Section 163.3247, Florida Statutes, is 25 created to read: 26 163.3247 Century Commission.-- 27 (1) POPULAR NAME.--This section may be cited as the 28 "Century Commission Act." 29 (2) FINDINGS AND INTENT.--The Legislature finds and 30 declares that the population of this state is expected to more 31 than double over the next 100 years, with commensurate impacts 86 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 to the state's natural resources and public infrastructure. 2 Consequently, it is in the best interests of the people of the 3 state to ensure sound planning for the proper placement of 4 this growth and protection of the state's land, water, and 5 other natural resources since such resources are essential to 6 our collective quality of life and a strong economy. The 7 state's growth management system should foster economic 8 stability through regional solutions and strategies, urban 9 renewal and infill, and the continued viability of 10 agricultural economies, while allowing for rural economic 11 development and protecting the unique characteristics of rural 12 areas, and should reduce the complexity of the regulatory 13 process while carrying out the intent of the laws and 14 encouraging greater citizen participation. 15 (3) CENTURY COMMISSION; CREATION; ORGANIZATION.--The 16 Century Commission is created as a standing body to help the 17 citizens of this state envision and plan their collective 18 future with an eye towards both 25-year and 50-year horizons. 19 (a) The 21-member commission shall be appointed by the 20 Governor. Four members shall be members of the Legislature who 21 shall be appointed with the advice and consultation of the 22 President of the Senate and the Speaker of the House of 23 Representatives. The Secretary of Community Affairs, the 24 Commissioner of Agriculture, the Secretary of Transportation, 25 the Secretary of Environmental Protection, and the Executive 26 Director of the Fish and Wildlife Conservation Commission, or 27 their designees, shall also serve as voting members. The other 28 12 appointments shall reflect the diversity of this state's 29 citizens, and must include individuals representing each of 30 the following interests: growth management, business and 31 economic development, environmental protection, agriculture, 87 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 municipal governments, county governments, regional planning 2 entities, education, public safety, planning professionals, 3 transportation planners, and urban infill and redevelopment. 4 One member shall be designated by the Governor as chair of the 5 commission. Any vacancy that occurs on the commission must be 6 filled in the same manner as the original appointment and 7 shall be for the unexpired term of that commission seat. 8 Members shall serve 4-year terms. 9 (b) The first meeting of the commission shall be held 10 no later than December 1, 2005, and shall meet at the call of 11 the chair but not less frequently than three times per year in 12 different regions of the state to solicit input from the 13 public or any other individuals offering testimony relevant to 14 the issues to be considered. 15 (c) Each member of the commission is entitled to one 16 vote and action of the commission is not binding unless taken 17 by a three-fifths vote of the members present. A majority of 18 the members is required to constitute a quorum, and the 19 affirmative vote of a quorum is required for a binding vote. 20 (d) Members of the commission shall serve without 21 compensation but shall be entitled to receive per diem and 22 travel expenses in accordance with s. 112.061 while in 23 performance of their duties. 24 (4) POWERS AND DUTIES.--The commission shall: 25 (a) Annually conduct a process through which the 26 commission envisions the future for the state, and then 27 develops and recommends policies, plans, action steps, or 28 strategies to assist in achieving the vision. 29 (b) Continuously review and consider statutory and 30 regulatory provisions, governmental processes, and societal 31 and economic trends in its inquiry of how state, regional, and 88 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 local governments and entities and citizens of this state can 2 best accommodate projected increased populations while 3 maintaining the natural, historical, cultural, and manmade 4 life qualities that best represent the state. 5 (c) Bring together people representing varied 6 interests to develop a shared image of the state and its 7 developed and natural areas. The process should involve 8 exploring the impact of the estimated population increase and 9 other emerging trends and issues; creating a vision for the 10 future; and developing a strategic action plan to achieve that 11 vision using 25-year and 50-year intermediate planning 12 timeframes. 13 (d) Focus on essential state interests, defined as 14 those interests that transcend local or regional boundaries 15 and are most appropriately conserved, protected, and promoted 16 at the state level. 17 (e) Serve as an objective, nonpartisan repository of 18 exemplary community-building ideas and as a source to 19 recommend strategies and practices to assist others in working 20 collaboratively to solve problems concerning issues relating 21 to growth management. 22 (f) Annually, beginning January 15, 2007, and every 23 year thereafter on the same date, provide to the Governor, the 24 President of the Senate, and the Speaker of the House of 25 Representatives a written report containing specific 26 recommendations for addressing growth management in the state, 27 including executive and legislative recommendations. This 28 report shall be verbally presented to a joint session of both 29 houses annually as scheduled by the President of the Senate 30 and the Speaker of the House of Representatives. 31 (g) Beginning with the 2007 Regular Session of the 89 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 Legislature, the President of the Senate and Speaker of the 2 House of Representatives shall create a joint select 3 committee, the task of which shall be to review the findings 4 and recommendations of the Century Commission for potential 5 action. 6 (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.-- 7 (a) The Secretary of Community Affairs shall select an 8 executive director of the commission, and the executive 9 director shall serve at the pleasure of the secretary under 10 the supervision and control of the commission. 11 (b) The Department of Community Affairs shall provide 12 staff and other resources necessary to accomplish the goals of 13 the commission based upon recommendations of the Governor. 14 (c) All agencies under the control of the Governor are 15 directed, and all other agencies are requested, to render 16 assistance to, and cooperate with, the commission. 17 Section 15. Section 339.2819, Florida Statutes, is 18 created to read: 19 339.2819 Transportation Regional Incentive Program.-- 20 (1) There is created within the Department of 21 Transportation a Transportation Regional Incentive Program for 22 the purpose of providing funds to improve regionally 23 significant transportation facilities in regional 24 transportation areas created pursuant to s. 339.155(5). 25 (2) The percentage of matching funds provided from the 26 Transportation Regional Incentive Program shall be 50 percent 27 of project costs, or up to 50 percent of the nonfederal share 28 of the eligible project cost for a public transportation 29 facility project. 30 (3) The department shall allocate funding available 31 for the Transportation Regional Incentive Program to the 90 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 districts based on a factor derived from equal parts of 2 population and motor fuel collections for eligible counties in 3 regional transportation areas created pursuant to s. 4 339.155(5). 5 (4)(a) Projects to be funded with Transportation 6 Regional Incentive Program funds shall, at a minimum: 7 1. Support those transportation facilities that serve 8 national, statewide, or regional functions and function as an 9 integrated regional transportation system. 10 2. Be identified in the capital improvements element 11 of a comprehensive plan that has been determined to be in 12 compliance with part II of chapter 163, after July 1, 2005, or 13 to implement a long-term concurrency management system adopted 14 by a local government in accordance with s. 163.3177(9). 15 Further, the project shall be in compliance with local 16 government comprehensive plan policies relative to corridor 17 management. 18 3. Be consistent with the Strategic Intermodal System 19 Plan developed under s. 339.64. 20 4. Have a commitment for local, regional, or private 21 financial matching funds as a percentage of the overall 22 project cost. 23 (b) In allocating Transportation Regional Incentive 24 Program funds, priority shall be given to projects that: 25 1. Provide connectivity to the Strategic Intermodal 26 System developed under s. 339.64. 27 2. Support economic development and the movement of 28 goods in rural areas of critical economic concern designated 29 under s. 288.0656(7). 30 3. Are subject to a local ordinance that establishes 31 corridor management techniques, including access management 91 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 strategies, right-of-way acquisition and protection measures, 2 appropriate land use strategies, zoning, and setback 3 requirements for adjacent land uses. 4 4. Improve connectivity between military installations 5 and the Strategic Highway Network or the Strategic Rail 6 Corridor Network. 7 Section 16. Section 337.107, Florida Statutes, is 8 amended to read: 9 337.107 Contracts for right-of-way services.--The 10 department may enter into contracts pursuant to s. 287.055 for 11 right-of-way services on transportation corridors and 12 transportation facilities, or the department may include 13 right-of-way services as part of design-build contracts 14 awarded under s. 337.11. Right-of-way services include 15 negotiation and acquisition services, appraisal services, 16 demolition and removal of improvements, and asbestos-abatement 17 services. 18 Section 17. Paragraph (a) of subsection (7) of section 19 337.11, Florida Statutes, is amended to read: 20 337.11 Contracting authority of department; bids; 21 emergency repairs, supplemental agreements, and change orders; 22 combined design and construction contracts; progress payments; 23 records; requirements of vehicle registration.-- 24 (7)(a) If the head of the department determines that 25 it is in the best interests of the public, the department may 26 combine the design and construction phases of any a building, 27 a major bridge, a limited access facility, or a rail corridor 28 project into a single contract, except for a resurfacing or 29 minor bridge project, the design and construction phases of 30 which may be combined under s. 337.025. Such contract is 31 referred to as a design-build contract. Design-build contracts 92 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 may be advertised and awarded notwithstanding the requirements 2 of paragraph (3)(c). However, construction activities may not 3 begin on any portion of such projects for which the department 4 has not yet obtained until title to the necessary 5 rights-of-way and easements for the construction of that 6 portion of the project has vested in the state or a local 7 governmental entity and all railroad crossing and utility 8 agreements have been executed. Title to rights-of-way shall be 9 deemed to have vested vests in the state when the title has 10 been dedicated to the public or acquired by prescription. 11 Section 18. Effective July 1, 2007, section 337.107, 12 Florida Statutes, as amended by this act is amended to read: 13 337.107 Contracts for right-of-way services.--The 14 department may enter into contracts pursuant to s. 287.055 for 15 right-of-way services on transportation corridors and 16 transportation facilities, or the department may include 17 right-of-way services as part of design-build contracts 18 awarded under s. 337.11. Right-of-way services include 19 negotiation and acquisition services, appraisal services, 20 demolition and removal of improvements, and asbestos-abatement 21 services. 22 Section 19. Effective July 1, 2007, paragraph (a) of 23 subsection (7) of section 337.11, Florida Statutes, as amended 24 by this act, is amended to read: 25 337.11 Contracting authority of department; bids; 26 emergency repairs, supplemental agreements, and change orders; 27 combined design and construction contracts; progress payments; 28 records; requirements of vehicle registration.-- 29 (7)(a) If the head of the department determines that 30 it is in the best interests of the public, the department may 31 combine the design and construction phases of a building, a 93 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 major bridge, a limited access facility, or a rail corridor 2 any project into a single contract, except for a resurfacing 3 or minor bridge project, the design and construction phase of 4 which may be combined under s. 337.025. Such contract is 5 referred to as a design-build contract. Design-build contracts 6 may be advertised and awarded notwithstanding the requirements 7 of paragraph (3)(c). However, construction activities may not 8 begin on any portion of such projects until for which the 9 department has not yet obtained title to the necessary 10 rights-of-way and easements for the construction of that 11 portion of the project has vested in the state or a local 12 governmental entity and all railroad crossing and utility 13 agreements have been executed. Title to rights-of-way vests 14 shall be deemed to have vested in the state when the title has 15 been dedicated to the public or acquired by prescription. 16 Section 20. Paragraphs (l) and (m) are added to 17 subsection (24) of section 380.06, Florida Statutes, to read: 18 380.06 Developments of regional impact.-- 19 (24) STATUTORY EXEMPTIONS.-- 20 (l) Any proposed development within an urban service 21 boundary established under s. 163.3177(14) is exempt from the 22 provisions of this section if the local government having 23 jurisdiction over the area where the development is proposed 24 has adopted the urban service boundary and has entered into a 25 binding agreement with adjacent jurisdictions and the 26 Department of Transportation regarding the mitigation of 27 impacts on state and regional transportation facilities, and 28 has adopted a proportionate share methodology pursuant to s. 29 163.3180(16). 30 (m) Any proposed development within a rural land 31 stewardship area created under s. 163.3177(11)(d) is exempt 94 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 from the provisions of this section if the local government 2 that has adopted the rural land stewardship area has entered 3 into a binding agreement with jurisdictions that would be 4 impacted and the Department of Transportation regarding the 5 mitigation of impacts on state and regional transportation 6 facilities, and has adopted a proportionate share methodology 7 pursuant to s. 163.3180(16). 8 Section 21. Subsections (3), (7), and (8) of section 9 1013.33, Florida Statutes, are amended to read: 10 1013.33 Coordination of planning with local governing 11 bodies.-- 12 (3) At a minimum, the interlocal agreement must 13 address interlocal-agreement requirements in s. 14 163.3180(13)(g), except for exempt local governments as 15 provided in s. 163.3177(12), and must address the following 16 issues: 17 (a) A process by which each local government and the 18 district school board agree and base their plans on consistent 19 projections of the amount, type, and distribution of 20 population growth and student enrollment. The geographic 21 distribution of jurisdiction-wide growth forecasts is a major 22 objective of the process. 23 (b) A process to coordinate and share information 24 relating to existing and planned public school facilities, 25 including school renovations and closures, and local 26 government plans for development and redevelopment. 27 (c) Participation by affected local governments with 28 the district school board in the process of evaluating 29 potential school closures, significant renovations to existing 30 schools, and new school site selection before land 31 acquisition. Local governments shall advise the district 95 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 school board as to the consistency of the proposed closure, 2 renovation, or new site with the local comprehensive plan, 3 including appropriate circumstances and criteria under which a 4 district school board may request an amendment to the 5 comprehensive plan for school siting. 6 (d) A process for determining the need for and timing 7 of onsite and offsite improvements to support new 8 construction, proposed expansion, or redevelopment of existing 9 schools. The process shall address identification of the party 10 or parties responsible for the improvements. 11 (e) A process for the school board to inform the local 12 government regarding the effect of comprehensive plan 13 amendments on school capacity. The capacity reporting must be 14 consistent with laws and rules regarding measurement of school 15 facility capacity and must also identify how the district 16 school board will meet the public school demand based on the 17 facilities work program adopted pursuant to s. 1013.35. 18 (f) Participation of the local governments in the 19 preparation of the annual update to the school board's 5-year 20 district facilities work program and educational plant survey 21 prepared pursuant to s. 1013.35. 22 (g) A process for determining where and how joint use 23 of either school board or local government facilities can be 24 shared for mutual benefit and efficiency. 25 (h) A procedure for the resolution of disputes between 26 the district school board and local governments, which may 27 include the dispute resolution processes contained in chapters 28 164 and 186. 29 (i) An oversight process, including an opportunity for 30 public participation, for the implementation of the interlocal 31 agreement. 96 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 2 A signatory to the interlocal agreement may elect not to 3 include a provision meeting the requirements of paragraph (e); 4 however, such a decision may be made only after a public 5 hearing on such election, which may include the public hearing 6 in which a district school board or a local government adopts 7 the interlocal agreement. An interlocal agreement entered into 8 pursuant to this section must be consistent with the adopted 9 comprehensive plan and land development regulations of any 10 local government that is a signatory. 11 (7) Except as provided in subsection (8), 12 municipalities meeting the exemption criteria in s. 13 163.3177(12) having no established need for a new facility and 14 meeting the following criteria are exempt from the 15 requirements of subsections (2), (3), and (4).: 16 (a) The municipality has no public schools located 17 within its boundaries. 18 (b) The district school board's 5-year facilities work 19 program and the long-term 10-year and 20-year work programs, 20 as provided in s. 1013.35, demonstrate that no new school 21 facility is needed in the municipality. In addition, the 22 district school board must verify in writing that no new 23 school facility will be needed in the municipality within the 24 5-year and 10-year timeframes. 25 (8) At the time of the evaluation and appraisal 26 report, each exempt municipality shall assess the extent to 27 which it continues to meet the criteria for exemption under s. 28 163.3177(12) subsection (7). If the municipality continues to 29 meet these criteria and the district school board verifies in 30 writing that no new school facilities will be needed within 31 the 5-year and 10-year timeframes, the municipality shall 97 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 continue to be exempt from the interlocal-agreement 2 requirement. Each municipality exempt under s. 163.3177(12) 3 subsection (7) must comply with the provisions of subsections 4 (2)-(8) within 1 year after the district school board 5 proposes, in its 5-year district facilities work program, a 6 new school within the municipality's jurisdiction. 7 Section 22. Subsection (2) of section 206.46, Florida 8 Statutes, is amended to read: 9 206.46 State Transportation Trust Fund.-- 10 (2) Notwithstanding any other provisions of law, from 11 the revenues deposited into the State Transportation Trust 12 Fund a maximum of 7 percent in each fiscal year shall be 13 transferred into the Right-of-Way Acquisition and Bridge 14 Construction Trust Fund created in s. 215.605, as needed to 15 meet the requirements of the documents authorizing the bonds 16 issued or proposed to be issued under ss. 215.605 and 337.276 17 or at a minimum amount sufficient to pay for the debt service 18 coverage requirements of outstanding bonds. Notwithstanding 19 the 7 percent annual transfer authorized in this subsection, 20 the annual amount transferred under this subsection shall not 21 exceed an amount necessary to provide the required debt 22 service coverage levels for a maximum debt service not to 23 exceed $275 $200 million. Such transfer shall be payable 24 primarily from the motor and diesel fuel taxes transferred to 25 the State Transportation Trust Fund from the Fuel Tax 26 Collection Trust Fund. 27 Section 23. Subsection (1) of section 339.08, Florida 28 Statutes, is amended to read: 29 339.08 Use of moneys in State Transportation Trust 30 Fund.-- 31 (1) The department shall expend moneys in the State 98 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 Transportation Trust Fund accruing to the department, in 2 accordance with its annual budget. The use of such moneys 3 shall be restricted to the following purposes: 4 (a) To pay administrative expenses of the department, 5 including administrative expenses incurred by the several 6 state transportation districts, but excluding administrative 7 expenses of commuter rail authorities that do not operate rail 8 service. 9 (b) To pay the cost of construction of the State 10 Highway System. 11 (c) To pay the cost of maintaining the State Highway 12 System. 13 (d) To pay the cost of public transportation projects 14 in accordance with chapter 341 and ss. 332.003-332.007. 15 (e) To reimburse counties or municipalities for 16 expenditures made on projects in the State Highway System as 17 authorized by s. 339.12(4) upon legislative approval. 18 (f) To pay the cost of economic development 19 transportation projects in accordance with s. 288.063. 20 (g) To lend or pay a portion of the operating, 21 maintenance, and capital costs of a revenue-producing 22 transportation project that is located on the State Highway 23 System or that is demonstrated to relieve traffic congestion 24 on the State Highway System. 25 (h) To match any federal-aid funds allocated for any 26 other transportation purpose, including funds allocated to 27 projects not located in the State Highway System. 28 (i) To pay the cost of county road projects selected 29 in accordance with the Small County Road Assistance Program 30 created in s. 339.2816. 31 (j) To pay the cost of county or municipal road 99 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 projects selected in accordance with the County Incentive 2 Grant Program created in s. 339.2817 and the Small County 3 Outreach Program created in s. 339.2818. 4 (k) To provide loans and credit enhancements for use 5 in constructing and improving highway transportation 6 facilities selected in accordance with the state-funded 7 infrastructure bank created in s. 339.55. 8 (l) To pay the cost of projects on the Florida 9 Strategic Intermodal System created in s. 339.61. 10 (m) To pay the cost of transportation projects 11 selected in accordance with the Transportation Regional 12 Incentive Program created in s. 339.2819. 13 (n)(m) To pay other lawful expenditures of the 14 department. 15 Section 24. Paragraphs (c), (d), and (e) are added to 16 subsection (5) of section 339.155, Florida Statutes, to read: 17 339.155 Transportation planning.-- 18 (5) ADDITIONAL TRANSPORTATION PLANS.-- 19 (c) Regional transportation plans may be developed in 20 regional transportation areas in accordance with an interlocal 21 agreement entered into pursuant to s. 163.01 by two or more 22 contiguous metropolitan planning organizations; one or more 23 metropolitan planning organizations and one or more contiguous 24 counties, none of which is a member of a metropolitan planning 25 organization; a multicounty regional transportation authority 26 created by or pursuant to law; two or more contiguous counties 27 that are not members of a metropolitan planning organization; 28 or metropolitan planning organizations comprised of three or 29 more counties. 30 (d) The interlocal agreement must, at a minimum, 31 identify the entity that will coordinate the development of 100 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 the regional transportation plan; delineate the boundaries of 2 the regional transportation area; provide the duration of the 3 agreement and specify how the agreement may be terminated, 4 modified, or rescinded; describe the process by which the 5 regional transportation plan will be developed; and provide 6 how members of the entity will resolve disagreements regarding 7 interpretation of the interlocal agreement or disputes 8 relating to the development or content of the regional 9 transportation plan. Such interlocal agreement shall become 10 effective upon its recordation in the official public records 11 of each county in the regional transportation area. 12 (e) The regional transportation plan developed 13 pursuant to this section must, at a minimum, identify 14 regionally significant transportation facilities located 15 within a regional transportation area and contain a 16 prioritized list of regionally significant projects. The 17 level-of-service standards for facilities to be funded under 18 this subsection shall be adopted by the appropriate local 19 government in accordance with s. 163.3180(10). The projects 20 shall be adopted into the capital improvements schedule of the 21 local government comprehensive plan pursuant to s. 22 163.3177(3). 23 Section 25. Section 339.175, Florida Statutes, is 24 amended to read: 25 339.175 Metropolitan planning organization.--It is the 26 intent of the Legislature to encourage and promote the safe 27 and efficient management, operation, and development of 28 surface transportation systems that will serve the mobility 29 needs of people and freight within and through urbanized areas 30 of this state while minimizing transportation-related fuel 31 consumption and air pollution. To accomplish these objectives, 101 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 metropolitan planning organizations, referred to in this 2 section as M.P.O.'s, shall develop, in cooperation with the 3 state and public transit operators, transportation plans and 4 programs for metropolitan areas. The plans and programs for 5 each metropolitan area must provide for the development and 6 integrated management and operation of transportation systems 7 and facilities, including pedestrian walkways and bicycle 8 transportation facilities that will function as an intermodal 9 transportation system for the metropolitan area, based upon 10 the prevailing principles provided in s. 334.046(1). The 11 process for developing such plans and programs shall provide 12 for consideration of all modes of transportation and shall be 13 continuing, cooperative, and comprehensive, to the degree 14 appropriate, based on the complexity of the transportation 15 problems to be addressed. To ensure that the process is 16 integrated with the statewide planning process, M.P.O.'s shall 17 develop plans and programs that identify transportation 18 facilities that should function as an integrated metropolitan 19 transportation system, giving emphasis to facilities that 20 serve important national, state, and regional transportation 21 functions. For the purposes of this section, those facilities 22 include the facilities on the Strategic Intermodal System 23 designated under s. 339.63 and facilities for which projects 24 have been identified pursuant to s. 339.2819(4). 25 (1) DESIGNATION.-- 26 (a)1. An M.P.O. shall be designated for each urbanized 27 area of the state; however, this does not require that an 28 individual M.P.O. be designated for each such area. Such 29 designation shall be accomplished by agreement between the 30 Governor and units of general-purpose local government 31 representing at least 75 percent of the population of the 102 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 urbanized area; however, the unit of general-purpose local 2 government that represents the central city or cities within 3 the M.P.O. jurisdiction, as defined by the United States 4 Bureau of the Census, must be a party to such agreement. 5 2. More than one M.P.O. may be designated within an 6 existing metropolitan planning area only if the Governor and 7 the existing M.P.O. determine that the size and complexity of 8 the existing metropolitan planning area makes the designation 9 of more than one M.P.O. for the area appropriate. 10 (b) Each M.P.O. shall be created and operated under 11 the provisions of this section pursuant to an interlocal 12 agreement entered into pursuant to s. 163.01. The signatories 13 to the interlocal agreement shall be the department and the 14 governmental entities designated by the Governor for 15 membership on the M.P.O. If there is a conflict between this 16 section and s. 163.01, this section prevails. 17 (c) The jurisdictional boundaries of an M.P.O. shall 18 be determined by agreement between the Governor and the 19 applicable M.P.O. The boundaries must include at least the 20 metropolitan planning area, which is the existing urbanized 21 area and the contiguous area expected to become urbanized 22 within a 20-year forecast period, and may encompass the entire 23 metropolitan statistical area or the consolidated metropolitan 24 statistical area. 25 (d) In the case of an urbanized area designated as a 26 nonattainment area for ozone or carbon monoxide under the 27 Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of 28 the metropolitan planning area in existence as of the date of 29 enactment of this paragraph shall be retained, except that the 30 boundaries may be adjusted by agreement of the Governor and 31 affected metropolitan planning organizations in the manner 103 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 described in this section. If more than one M.P.O. has 2 authority within a metropolitan area or an area that is 3 designated as a nonattainment area, each M.P.O. shall consult 4 with other M.P.O.'s designated for such area and with the 5 state in the coordination of plans and programs required by 6 this section. 7 8 Each M.P.O. required under this section must be fully 9 operative no later than 6 months following its designation. 10 (2) VOTING MEMBERSHIP.-- 11 (a) The voting membership of an M.P.O. shall consist 12 of not fewer than 5 or more than 19 apportioned members, the 13 exact number to be determined on an equitable 14 geographic-population ratio basis by the Governor, based on an 15 agreement among the affected units of general-purpose local 16 government as required by federal rules and regulations. The 17 Governor, in accordance with 23 U.S.C. s. 134, may also 18 provide for M.P.O. members who represent municipalities to 19 alternate with representatives from other municipalities 20 within the metropolitan planning area that do not have members 21 on the M.P.O. County commission members shall compose not less 22 than one-third of the M.P.O. membership, except for an M.P.O. 23 with more than 15 members located in a county with a 24 five-member county commission or an M.P.O. with 19 members 25 located in a county with no more than 6 county commissioners, 26 in which case county commission members may compose less than 27 one-third percent of the M.P.O. membership, but all county 28 commissioners must be members. All voting members shall be 29 elected officials of general-purpose governments, except that 30 an M.P.O. may include, as part of its apportioned voting 31 members, a member of a statutorily authorized planning board, 104 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 an official of an agency that operates or administers a major 2 mode of transportation, or an official of the Florida Space 3 Authority. The county commission shall compose not less than 4 20 percent of the M.P.O. membership if an official of an 5 agency that operates or administers a major mode of 6 transportation has been appointed to an M.P.O. 7 (b) In metropolitan areas in which authorities or 8 other agencies have been or may be created by law to perform 9 transportation functions and are performing transportation 10 functions that are not under the jurisdiction of a general 11 purpose local government represented on the M.P.O., they shall 12 be provided voting membership on the M.P.O. In all other 13 M.P.O.'s where transportation authorities or agencies are to 14 be represented by elected officials from general purpose local 15 governments, the M.P.O. shall establish a process by which the 16 collective interests of such authorities or other agencies are 17 expressed and conveyed. 18 (c) Any other provision of this section to the 19 contrary notwithstanding, a chartered county with over 1 20 million population may elect to reapportion the membership of 21 an M.P.O. whose jurisdiction is wholly within the county. The 22 charter county may exercise the provisions of this paragraph 23 if: 24 1. The M.P.O. approves the reapportionment plan by a 25 three-fourths vote of its membership; 26 2. The M.P.O. and the charter county determine that 27 the reapportionment plan is needed to fulfill specific goals 28 and policies applicable to that metropolitan planning area; 29 and 30 3. The charter county determines the reapportionment 31 plan otherwise complies with all federal requirements 105 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 pertaining to M.P.O. membership. 2 3 Any charter county that elects to exercise the provisions of 4 this paragraph shall notify the Governor in writing. 5 (d) Any other provision of this section to the 6 contrary notwithstanding, any county chartered under s. 6(e), 7 Art. VIII of the State Constitution may elect to have its 8 county commission serve as the M.P.O., if the M.P.O. 9 jurisdiction is wholly contained within the county. Any 10 charter county that elects to exercise the provisions of this 11 paragraph shall so notify the Governor in writing. Upon 12 receipt of such notification, the Governor must designate the 13 county commission as the M.P.O. The Governor must appoint 14 four additional voting members to the M.P.O., one of whom must 15 be an elected official representing a municipality within the 16 county, one of whom must be an expressway authority member, 17 one of whom must be a person who does not hold elected public 18 office and who resides in the unincorporated portion of the 19 county, and one of whom must be a school board member. 20 (3) APPORTIONMENT.-- 21 (a) The Governor shall, with the agreement of the 22 affected units of general-purpose local government as required 23 by federal rules and regulations, apportion the membership on 24 the applicable M.P.O. among the various governmental entities 25 within the area and shall prescribe a method for appointing 26 alternate members who may vote at any M.P.O. meeting that an 27 alternate member attends in place of a regular member. An 28 appointed alternate member must be an elected official serving 29 the same governmental entity or a general-purpose local 30 government with jurisdiction within all or part of the area 31 that the regular member serves. The governmental entity so 106 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 designated shall appoint the appropriate number of members to 2 the M.P.O. from eligible officials. Representatives of the 3 department shall serve as nonvoting members of the M.P.O. 4 Nonvoting advisers may be appointed by the M.P.O. as deemed 5 necessary. The Governor shall review the composition of the 6 M.P.O. membership in conjunction with the decennial census as 7 prepared by the United States Department of Commerce, Bureau 8 of the Census, and reapportion it as necessary to comply with 9 subsection (2). 10 (b) Except for members who represent municipalities on 11 the basis of alternating with representatives from other 12 municipalities that do not have members on the M.P.O. as 13 provided in paragraph (2)(a), the members of an M.P.O. shall 14 serve 4-year terms. Members who represent municipalities on 15 the basis of alternating with representatives from other 16 municipalities that do not have members on the M.P.O. as 17 provided in paragraph (2)(a) may serve terms of up to 4 years 18 as further provided in the interlocal agreement described in 19 paragraph (1)(b). The membership of a member who is a public 20 official automatically terminates upon the member's leaving 21 his or her elective or appointive office for any reason, or 22 may be terminated by a majority vote of the total membership 23 of a county or city governing entity represented by the 24 member. A vacancy shall be filled by the original appointing 25 entity. A member may be reappointed for one or more 26 additional 4-year terms. 27 (c) If a governmental entity fails to fill an assigned 28 appointment to an M.P.O. within 60 days after notification by 29 the Governor of its duty to appoint, that appointment shall be 30 made by the Governor from the eligible representatives of that 31 governmental entity. 107 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 (4) AUTHORITY AND RESPONSIBILITY.--The authority and 2 responsibility of an M.P.O. is to manage a continuing, 3 cooperative, and comprehensive transportation planning process 4 that, based upon the prevailing principles provided in s. 5 334.046(1), results in the development of plans and programs 6 which are consistent, to the maximum extent feasible, with the 7 approved local government comprehensive plans of the units of 8 local government the boundaries of which are within the 9 metropolitan area of the M.P.O. An M.P.O. shall be the forum 10 for cooperative decisionmaking by officials of the affected 11 governmental entities in the development of the plans and 12 programs required by subsections (5), (6), (7), and (8). 13 (5) POWERS, DUTIES, AND RESPONSIBILITIES.--The powers, 14 privileges, and authority of an M.P.O. are those specified in 15 this section or incorporated in an interlocal agreement 16 authorized under s. 163.01. Each M.P.O. shall perform all 17 acts required by federal or state laws or rules, now and 18 subsequently applicable, which are necessary to qualify for 19 federal aid. It is the intent of this section that each M.P.O. 20 shall be involved in the planning and programming of 21 transportation facilities, including, but not limited to, 22 airports, intercity and high-speed rail lines, seaports, and 23 intermodal facilities, to the extent permitted by state or 24 federal law. 25 (a) Each M.P.O. shall, in cooperation with the 26 department, develop: 27 1. A long-range transportation plan pursuant to the 28 requirements of subsection (6); 29 2. An annually updated transportation improvement 30 program pursuant to the requirements of subsection (7); and 31 3. An annual unified planning work program pursuant to 108 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 the requirements of subsection (8). 2 (b) In developing the long-range transportation plan 3 and the transportation improvement program required under 4 paragraph (a), each M.P.O. shall provide for consideration of 5 projects and strategies that will: 6 1. Support the economic vitality of the metropolitan 7 area, especially by enabling global competitiveness, 8 productivity, and efficiency; 9 2. Increase the safety and security of the 10 transportation system for motorized and nonmotorized users; 11 3. Increase the accessibility and mobility options 12 available to people and for freight; 13 4. Protect and enhance the environment, promote energy 14 conservation, and improve quality of life; 15 5. Enhance the integration and connectivity of the 16 transportation system, across and between modes, for people 17 and freight; 18 6. Promote efficient system management and operation; 19 and 20 7. Emphasize the preservation of the existing 21 transportation system. 22 (c) In order to provide recommendations to the 23 department and local governmental entities regarding 24 transportation plans and programs, each M.P.O. shall: 25 1. Prepare a congestion management system for the 26 metropolitan area and cooperate with the department in the 27 development of all other transportation management systems 28 required by state or federal law; 29 2. Assist the department in mapping transportation 30 planning boundaries required by state or federal law; 31 3. Assist the department in performing its duties 109 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 relating to access management, functional classification of 2 roads, and data collection; 3 4. Execute all agreements or certifications necessary 4 to comply with applicable state or federal law; 5 5. Represent all the jurisdictional areas within the 6 metropolitan area in the formulation of transportation plans 7 and programs required by this section; and 8 6. Perform all other duties required by state or 9 federal law. 10 (d) Each M.P.O. shall appoint a technical advisory 11 committee that includes planners; engineers; representatives 12 of local aviation authorities, port authorities, and public 13 transit authorities or representatives of aviation 14 departments, seaport departments, and public transit 15 departments of municipal or county governments, as applicable; 16 the school superintendent of each county within the 17 jurisdiction of the M.P.O. or the superintendent's designee; 18 and other appropriate representatives of affected local 19 governments. In addition to any other duties assigned to it by 20 the M.P.O. or by state or federal law, the technical advisory 21 committee is responsible for considering safe access to 22 schools in its review of transportation project priorities, 23 long-range transportation plans, and transportation 24 improvement programs, and shall advise the M.P.O. on such 25 matters. In addition, the technical advisory committee shall 26 coordinate its actions with local school boards and other 27 local programs and organizations within the metropolitan area 28 which participate in school safety activities, such as locally 29 established community traffic safety teams. Local school 30 boards must provide the appropriate M.P.O. with information 31 concerning future school sites and in the coordination of 110 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 transportation service. 2 (e)1. Each M.P.O. shall appoint a citizens' advisory 3 committee, the members of which serve at the pleasure of the 4 M.P.O. The membership on the citizens' advisory committee must 5 reflect a broad cross section of local residents with an 6 interest in the development of an efficient, safe, and 7 cost-effective transportation system. Minorities, the elderly, 8 and the handicapped must be adequately represented. 9 2. Notwithstanding the provisions of subparagraph 1., 10 an M.P.O. may, with the approval of the department and the 11 applicable federal governmental agency, adopt an alternative 12 program or mechanism to ensure citizen involvement in the 13 transportation planning process. 14 (f) The department shall allocate to each M.P.O., for 15 the purpose of accomplishing its transportation planning and 16 programming duties, an appropriate amount of federal 17 transportation planning funds. 18 (g) Each M.P.O. may employ personnel or may enter into 19 contracts with local or state agencies, private planning 20 firms, or private engineering firms to accomplish its 21 transportation planning and programming duties required by 22 state or federal law. 23 (h) A chair's coordinating committee is created, 24 composed of the M.P.O.'s serving Hernando, Hillsborough, 25 Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The 26 committee must, at a minimum: 27 1. Coordinate transportation projects deemed to be 28 regionally significant by the committee. 29 2. Review the impact of regionally significant land 30 use decisions on the region. 31 3. Review all proposed regionally significant 111 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 transportation projects in the respective transportation 2 improvement programs which affect more than one of the 3 M.P.O.'s represented on the committee. 4 4. Institute a conflict resolution process to address 5 any conflict that may arise in the planning and programming of 6 such regionally significant projects. 7 (i)1. The Legislature finds that the state's rapid 8 growth in recent decades has caused many urbanized areas 9 subject to M.P.O. jurisdiction to become contiguous to each 10 other. As a result, various transportation projects may cross 11 from the jurisdiction of one M.P.O. into the jurisdiction of 12 another M.P.O. To more fully accomplish the purposes for which 13 M.P.O.'s have been mandated, M.P.O.'s shall develop 14 coordination mechanisms with one another to expand and improve 15 transportation within the state. The appropriate method of 16 coordination between M.P.O.'s shall vary depending upon the 17 project involved and given local and regional needs. 18 Consequently, it is appropriate to set forth a flexible 19 methodology that can be used by M.P.O.'s to coordinate with 20 other M.P.O.'s and appropriate political subdivisions as 21 circumstances demand. 22 2. Any M.P.O. may join with any other M.P.O. or any 23 individual political subdivision to coordinate activities or 24 to achieve any federal or state transportation planning or 25 development goals or purposes consistent with federal or state 26 law. When an M.P.O. determines that it is appropriate to join 27 with another M.P.O. or any political subdivision to coordinate 28 activities, the M.P.O. or political subdivision shall enter 29 into an interlocal agreement pursuant to s. 163.01, which, at 30 a minimum, creates a separate legal or administrative entity 31 to coordinate the transportation planning or development 112 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 activities required to achieve the goal or purpose; provide 2 the purpose for which the entity is created; provide the 3 duration of the agreement and the entity, and specify how the 4 agreement may be terminated, modified, or rescinded; describe 5 the precise organization of the entity, including who has 6 voting rights on the governing board, whether alternative 7 voting members are provided for, how voting members are 8 appointed, and what the relative voting strength is for each 9 constituent M.P.O. or political subdivision; provide the 10 manner in which the parties to the agreement will provide for 11 the financial support of the entity and payment of costs and 12 expenses of the entity; provide the manner in which funds may 13 be paid to and disbursed from the entity; and provide how 14 members of the entity will resolve disagreements regarding 15 interpretation of the interlocal agreement or disputes 16 relating to the operation of the entity. Such interlocal 17 agreement shall become effective upon its recordation in the 18 official public records of each county in which a member of 19 the entity created by the interlocal agreement has a voting 20 member. This paragraph does not require any M.P.O.'s to merge, 21 combine, or otherwise join together as a single M.P.O. 22 (6) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must 23 develop a long-range transportation plan that addresses at 24 least a 20-year planning horizon. The plan must include both 25 long-range and short-range strategies and must comply with all 26 other state and federal requirements. The prevailing 27 principles to be considered in the long-range transportation 28 plan are: preserving the existing transportation 29 infrastructure; enhancing Florida's economic competitiveness; 30 and improving travel choices to ensure mobility. The 31 long-range transportation plan must be consistent, to the 113 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 maximum extent feasible, with future land use elements and the 2 goals, objectives, and policies of the approved local 3 government comprehensive plans of the units of local 4 government located within the jurisdiction of the M.P.O. The 5 approved long-range transportation plan must be considered by 6 local governments in the development of the transportation 7 elements in local government comprehensive plans and any 8 amendments thereto. The long-range transportation plan must, 9 at a minimum: 10 (a) Identify transportation facilities, including, but 11 not limited to, major roadways, airports, seaports, 12 spaceports, commuter rail systems, transit systems, and 13 intermodal or multimodal terminals that will function as an 14 integrated metropolitan transportation system. The long-range 15 transportation plan must give emphasis to those transportation 16 facilities that serve national, statewide, or regional 17 functions, and must consider the goals and objectives 18 identified in the Florida Transportation Plan as provided in 19 s. 339.155. If a project is located within the boundaries of 20 more than one M.P.O., the M.P.O.'s must coordinate plans 21 regarding the project in the long-range transportation plan. 22 (b) Include a financial plan that demonstrates how the 23 plan can be implemented, indicating resources from public and 24 private sources which are reasonably expected to be available 25 to carry out the plan, and recommends any additional financing 26 strategies for needed projects and programs. The financial 27 plan may include, for illustrative purposes, additional 28 projects that would be included in the adopted long-range 29 transportation plan if reasonable additional resources beyond 30 those identified in the financial plan were available. For the 31 purpose of developing the long-range transportation plan, the 114 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 M.P.O. and the department shall cooperatively develop 2 estimates of funds that will be available to support the plan 3 implementation. Innovative financing techniques may be used to 4 fund needed projects and programs. Such techniques may 5 include the assessment of tolls, the use of value capture 6 financing, or the use of value pricing. 7 (c) Assess capital investment and other measures 8 necessary to: 9 1. Ensure the preservation of the existing 10 metropolitan transportation system including requirements for 11 the operation, resurfacing, restoration, and rehabilitation of 12 major roadways and requirements for the operation, 13 maintenance, modernization, and rehabilitation of public 14 transportation facilities; and 15 2. Make the most efficient use of existing 16 transportation facilities to relieve vehicular congestion and 17 maximize the mobility of people and goods. 18 (d) Indicate, as appropriate, proposed transportation 19 enhancement activities, including, but not limited to, 20 pedestrian and bicycle facilities, scenic easements, 21 landscaping, historic preservation, mitigation of water 22 pollution due to highway runoff, and control of outdoor 23 advertising. 24 (e) In addition to the requirements of paragraphs 25 (a)-(d), in metropolitan areas that are classified as 26 nonattainment areas for ozone or carbon monoxide, the M.P.O. 27 must coordinate the development of the long-range 28 transportation plan with the State Implementation Plan 29 developed pursuant to the requirements of the federal Clean 30 Air Act. 31 115 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 In the development of its long-range transportation plan, each 2 M.P.O. must provide the public, affected public agencies, 3 representatives of transportation agency employees, freight 4 shippers, providers of freight transportation services, 5 private providers of transportation, representatives of users 6 of public transit, and other interested parties with a 7 reasonable opportunity to comment on the long-range 8 transportation plan. The long-range transportation plan must 9 be approved by the M.P.O. 10 (7) TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O. 11 shall, in cooperation with the state and affected public 12 transportation operators, develop a transportation improvement 13 program for the area within the jurisdiction of the M.P.O. In 14 the development of the transportation improvement program, 15 each M.P.O. must provide the public, affected public agencies, 16 representatives of transportation agency employees, freight 17 shippers, providers of freight transportation services, 18 private providers of transportation, representatives of users 19 of public transit, and other interested parties with a 20 reasonable opportunity to comment on the proposed 21 transportation improvement program. 22 (a) Each M.P.O. is responsible for developing, 23 annually, a list of project priorities and a transportation 24 improvement program. The prevailing principles to be 25 considered by each M.P.O. when developing a list of project 26 priorities and a transportation improvement program are: 27 preserving the existing transportation infrastructure; 28 enhancing Florida's economic competitiveness; and improving 29 travel choices to ensure mobility. The transportation 30 improvement program will be used to initiate federally aided 31 transportation facilities and improvements as well as other 116 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 transportation facilities and improvements including transit, 2 rail, aviation, spaceport, and port facilities to be funded 3 from the State Transportation Trust Fund within its 4 metropolitan area in accordance with existing and subsequent 5 federal and state laws and rules and regulations related 6 thereto. The transportation improvement program shall be 7 consistent, to the maximum extent feasible, with the approved 8 local government comprehensive plans of the units of local 9 government whose boundaries are within the metropolitan area 10 of the M.P.O. and include those projects programmed pursuant 11 to s. 339.2819(4). 12 (b) Each M.P.O. annually shall prepare a list of 13 project priorities and shall submit the list to the 14 appropriate district of the department by October 1 of each 15 year; however, the department and a metropolitan planning 16 organization may, in writing, agree to vary this submittal 17 date. The list of project priorities must be formally reviewed 18 by the technical and citizens' advisory committees, and 19 approved by the M.P.O., before it is transmitted to the 20 district. The approved list of project priorities must be used 21 by the district in developing the district work program and 22 must be used by the M.P.O. in developing its transportation 23 improvement program. The annual list of project priorities 24 must be based upon project selection criteria that, at a 25 minimum, consider the following: 26 1. The approved M.P.O. long-range transportation plan; 27 2. The Strategic Intermodal System Plan developed 28 under s. 339.64. 29 3. The priorities developed pursuant to s. 30 339.2819(4). 31 4.3. The results of the transportation management 117 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 systems; and 2 5.4. The M.P.O.'s public-involvement procedures. 3 (c) The transportation improvement program must, at a 4 minimum: 5 1. Include projects and project phases to be funded 6 with state or federal funds within the time period of the 7 transportation improvement program and which are recommended 8 for advancement during the next fiscal year and 4 subsequent 9 fiscal years. Such projects and project phases must be 10 consistent, to the maximum extent feasible, with the approved 11 local government comprehensive plans of the units of local 12 government located within the jurisdiction of the M.P.O. For 13 informational purposes, the transportation improvement program 14 shall also include a list of projects to be funded from local 15 or private revenues. 16 2. Include projects within the metropolitan area which 17 are proposed for funding under 23 U.S.C. s. 134 of the Federal 18 Transit Act and which are consistent with the long-range 19 transportation plan developed under subsection (6). 20 3. Provide a financial plan that demonstrates how the 21 transportation improvement program can be implemented; 22 indicates the resources, both public and private, that are 23 reasonably expected to be available to accomplish the program; 24 identifies any innovative financing techniques that may be 25 used to fund needed projects and programs; and may include, 26 for illustrative purposes, additional projects that would be 27 included in the approved transportation improvement program if 28 reasonable additional resources beyond those identified in the 29 financial plan were available. Innovative financing techniques 30 may include the assessment of tolls, the use of value capture 31 financing, or the use of value pricing. The transportation 118 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 improvement program may include a project or project phase 2 only if full funding can reasonably be anticipated to be 3 available for the project or project phase within the time 4 period contemplated for completion of the project or project 5 phase. 6 4. Group projects and project phases of similar 7 urgency and anticipated staging into appropriate staging 8 periods. 9 5. Indicate how the transportation improvement program 10 relates to the long-range transportation plan developed under 11 subsection (6), including providing examples of specific 12 projects or project phases that further the goals and policies 13 of the long-range transportation plan. 14 6. Indicate whether any project or project phase is 15 inconsistent with an approved comprehensive plan of a unit of 16 local government located within the jurisdiction of the M.P.O. 17 If a project is inconsistent with an affected comprehensive 18 plan, the M.P.O. must provide justification for including the 19 project in the transportation improvement program. 20 7. Indicate how the improvements are consistent, to 21 the maximum extent feasible, with affected seaport, airport, 22 and spaceport master plans and with public transit development 23 plans of the units of local government located within the 24 jurisdiction of the M.P.O. If a project is located within the 25 boundaries of more than one M.P.O., the M.P.O.'s must 26 coordinate plans regarding the project in the transportation 27 improvement program. 28 (d) Projects included in the transportation 29 improvement program and that have advanced to the design stage 30 of preliminary engineering may be removed from or rescheduled 31 in a subsequent transportation improvement program only by the 119 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 joint action of the M.P.O. and the department. Except when 2 recommended in writing by the district secretary for good 3 cause, any project removed from or rescheduled in a subsequent 4 transportation improvement program shall not be rescheduled by 5 the M.P.O. in that subsequent program earlier than the 5th 6 year of such program. 7 (e) During the development of the transportation 8 improvement program, the M.P.O. shall, in cooperation with the 9 department and any affected public transit operation, provide 10 citizens, affected public agencies, representatives of 11 transportation agency employees, freight shippers, providers 12 of freight transportation services, private providers of 13 transportation, representatives of users of public transit, 14 and other interested parties with reasonable notice of and an 15 opportunity to comment on the proposed program. 16 (f) The adopted annual transportation improvement 17 program for M.P.O.'s in nonattainment or maintenance areas 18 must be submitted to the district secretary and the Department 19 of Community Affairs at least 90 days before the submission of 20 the state transportation improvement program by the department 21 to the appropriate federal agencies. The annual transportation 22 improvement program for M.P.O.'s in attainment areas must be 23 submitted to the district secretary and the Department of 24 Community Affairs at least 45 days before the department 25 submits the state transportation improvement program to the 26 appropriate federal agencies; however, the department, the 27 Department of Community Affairs, and a metropolitan planning 28 organization may, in writing, agree to vary this submittal 29 date. The Governor or the Governor's designee shall review 30 and approve each transportation improvement program and any 31 amendments thereto. 120 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 (g) The Department of Community Affairs shall review 2 the annual transportation improvement program of each M.P.O. 3 for consistency with the approved local government 4 comprehensive plans of the units of local government whose 5 boundaries are within the metropolitan area of each M.P.O. and 6 shall identify those projects that are inconsistent with such 7 comprehensive plans. The Department of Community Affairs shall 8 notify an M.P.O. of any transportation projects contained in 9 its transportation improvement program which are inconsistent 10 with the approved local government comprehensive plans of the 11 units of local government whose boundaries are within the 12 metropolitan area of the M.P.O. 13 (h) The M.P.O. shall annually publish or otherwise 14 make available for public review the annual listing of 15 projects for which federal funds have been obligated in the 16 preceding year. Project monitoring systems must be maintained 17 by those agencies responsible for obligating federal funds and 18 made accessible to the M.P.O.'s. 19 (8) UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall 20 develop, in cooperation with the department and public 21 transportation providers, a unified planning work program that 22 lists all planning tasks to be undertaken during the program 23 year. The unified planning work program must provide a 24 complete description of each planning task and an estimated 25 budget therefor and must comply with applicable state and 26 federal law. 27 (9) AGREEMENTS.-- 28 (a) Each M.P.O. shall execute the following written 29 agreements, which shall be reviewed, and updated as necessary, 30 every 5 years: 31 1. An agreement with the department clearly 121 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 establishing the cooperative relationship essential to 2 accomplish the transportation planning requirements of state 3 and federal law. 4 2. An agreement with the metropolitan and regional 5 intergovernmental coordination and review agencies serving the 6 metropolitan areas, specifying the means by which activities 7 will be coordinated and how transportation planning and 8 programming will be part of the comprehensive planned 9 development of the area. 10 3. An agreement with operators of public 11 transportation systems, including transit systems, commuter 12 rail systems, airports, seaports, and spaceports, describing 13 the means by which activities will be coordinated and 14 specifying how public transit, commuter rail, aviation, 15 seaport, and aerospace planning and programming will be part 16 of the comprehensive planned development of the metropolitan 17 area. 18 (b) An M.P.O. may execute other agreements required by 19 state or federal law or as necessary to properly accomplish 20 its functions. 21 (10) METROPOLITAN PLANNING ORGANIZATION ADVISORY 22 COUNCIL.-- 23 (a) A Metropolitan Planning Organization Advisory 24 Council is created to augment, and not supplant, the role of 25 the individual M.P.O.'s in the cooperative transportation 26 planning process described in this section. 27 (b) The council shall consist of one representative 28 from each M.P.O. and shall elect a chairperson annually from 29 its number. Each M.P.O. shall also elect an alternate 30 representative from each M.P.O. to vote in the absence of the 31 representative. Members of the council do not receive any 122 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 compensation for their services, but may be reimbursed from 2 funds made available to council members for travel and per 3 diem expenses incurred in the performance of their council 4 duties as provided in s. 112.061. 5 (c) The powers and duties of the Metropolitan Planning 6 Organization Advisory Council are to: 7 1. Enter into contracts with individuals, private 8 corporations, and public agencies. 9 2. Acquire, own, operate, maintain, sell, or lease 10 personal property essential for the conduct of business. 11 3. Accept funds, grants, assistance, gifts, or 12 bequests from private, local, state, or federal sources. 13 4. Establish bylaws and adopt rules pursuant to ss. 14 120.536(1) and 120.54 to implement provisions of law 15 conferring powers or duties upon it. 16 5. Assist M.P.O.'s in carrying out the urbanized area 17 transportation planning process by serving as the principal 18 forum for collective policy discussion pursuant to law. 19 6. Serve as a clearinghouse for review and comment by 20 M.P.O.'s on the Florida Transportation Plan and on other 21 issues required to comply with federal or state law in 22 carrying out the urbanized area transportation and systematic 23 planning processes instituted pursuant to s. 339.155. 24 7. Employ an executive director and such other staff 25 as necessary to perform adequately the functions of the 26 council, within budgetary limitations. The executive director 27 and staff are exempt from part II of chapter 110 and serve at 28 the direction and control of the council. The council is 29 assigned to the Office of the Secretary of the Department of 30 Transportation for fiscal and accountability purposes, but it 31 shall otherwise function independently of the control and 123 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 direction of the department. 2 8. Adopt an agency strategic plan that provides the 3 priority directions the agency will take to carry out its 4 mission within the context of the state comprehensive plan and 5 any other statutory mandates and directions given to the 6 agency. 7 (11) APPLICATION OF FEDERAL LAW.--Upon notification by 8 an agency of the Federal Government that any provision of this 9 section conflicts with federal laws or regulations, such 10 federal laws or regulations will take precedence to the extent 11 of the conflict until such conflict is resolved. The 12 department or an M.P.O. may take any necessary action to 13 comply with such federal laws and regulations or to continue 14 to remain eligible to receive federal funds. 15 Section 26. Section 339.55, Florida Statutes, is 16 amended to read: 17 339.55 State-funded infrastructure bank.-- 18 (1) There is created within the Department of 19 Transportation a state-funded infrastructure bank for the 20 purpose of providing loans and credit enhancements to 21 government units and private entities for use in constructing 22 and improving transportation facilities. 23 (2) The bank may lend capital costs or provide credit 24 enhancements for: 25 (a) A transportation facility project that is on the 26 State Highway System or that provides for increased mobility 27 on the state's transportation system or provides intermodal 28 connectivity with airports, seaports, rail facilities, and 29 other transportation terminals, pursuant to s. 341.053, for 30 the movement of people and goods. 31 (b) Projects of the Transportation Regional Incentive 124 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 Program which are identified pursuant to s. 339.2819(4). 2 (3) Loans from the bank may be subordinated to senior 3 project debt that has an investment grade rating of "BBB" or 4 higher. 5 (4)(3) Loans from the bank may bear interest at or 6 below market interest rates, as determined by the department. 7 Repayment of any loan from the bank shall commence not later 8 than 5 years after the project has been completed or, in the 9 case of a highway project, the facility has opened to traffic, 10 whichever is later, and shall be repaid in no more than 30 11 years. 12 (5)(4) Except as provided in s. 339.137, To be 13 eligible for consideration, projects must be consistent, to 14 the maximum extent feasible, with local metropolitan planning 15 organization plans and local government comprehensive plans 16 and must provide a dedicated repayment source to ensure the 17 loan is repaid to the bank. 18 (6) Funding awarded for projects under paragraph 19 (2)(b) must be matched by a minimum of 25 percent from funds 20 other than the state-funded infrastructure bank loan. 21 (7)(5) The department may consider, but is not limited 22 to, the following criteria for evaluation of projects for 23 assistance from the bank: 24 (a) The credit worthiness of the project. 25 (b) A demonstration that the project will encourage, 26 enhance, or create economic benefits. 27 (c) The likelihood that assistance would enable the 28 project to proceed at an earlier date than would otherwise be 29 possible. 30 (d) The extent to which assistance would foster 31 innovative public-private partnerships and attract private 125 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 debt or equity investment. 2 (e) The extent to which the project would use new 3 technologies, including intelligent transportation systems, 4 that would enhance the efficient operation of the project. 5 (f) The extent to which the project would maintain or 6 protect the environment. 7 (g) A demonstration that the project includes 8 transportation benefits for improving intermodalism, cargo and 9 freight movement, and safety. 10 (h) The amount of the proposed assistance as a 11 percentage of the overall project costs with emphasis on local 12 and private participation. 13 (i) The extent to which the project will provide for 14 connectivity between the State Highway System and airports, 15 seaports, rail facilities, and other transportation terminals 16 and intermodal options pursuant to s. 341.053 for the 17 increased accessibility and movement of people and goods. 18 (8)(6) Loan assistance provided by the bank shall be 19 included in the department's work program developed in 20 accordance with s. 339.135. 21 (9)(7) The department is authorized to adopt rules to 22 implement the state-funded infrastructure bank. 23 Section 27. Subsection (7) is added to section 24 1013.64, Florida Statutes, to read: 25 1013.64 Funds for comprehensive educational plant 26 needs; construction cost maximums for school district capital 27 projects.--Allocations from the Public Education Capital 28 Outlay and Debt Service Trust Fund to the various boards for 29 capital outlay projects shall be determined as follows: 30 (7) Moneys distributed to the Public Education Capital 31 Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d) 126 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 shall be expended to fund the Classrooms for Kids Program 2 created in s. 1013.735 and shall be distributed as provided by 3 that section. 4 Section 28. Paragraph (a) of subsection (2) of section 5 1013.65, Florida Statutes, is amended to read: 6 1013.65 Educational and ancillary plant construction 7 funds; Public Education Capital Outlay and Debt Service Trust 8 Fund; allocation of funds.-- 9 (2)(a) The Public Education Capital Outlay and Debt 10 Service Trust Fund shall be comprised of the following 11 sources, which are hereby appropriated to the trust fund: 12 1. Proceeds, premiums, and accrued interest from the 13 sale of public education bonds and that portion of the 14 revenues accruing from the gross receipts tax as provided by 15 s. 9(a)(2), Art. XII of the State Constitution, as amended, 16 interest on investments, and federal interest subsidies. 17 2. General revenue funds appropriated to the fund for 18 educational capital outlay purposes. 19 3. All capital outlay funds previously appropriated 20 and certified forward pursuant to s. 216.301. 21 4. Funds paid pursuant to s. 201.15(1)(d). Such funds 22 shall be appropriated annually for expenditure to fund the 23 Classrooms for Kids Program created in s. 1013.735 and shall 24 be distributed as provided by that section. 25 Section 29. Subsection (1) of section 201.15, Florida 26 Statutes, is amended to read: 27 201.15 Distribution of taxes collected.--All taxes 28 collected under this chapter shall be distributed as follows 29 and shall be subject to the service charge imposed in s. 30 215.20(1), except that such service charge shall not be levied 31 against any portion of taxes pledged to debt service on bonds 127 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 to the extent that the amount of the service charge is 2 required to pay any amounts relating to the bonds: 3 (1) Sixty-two and sixty-three hundredths percent of 4 the remaining taxes collected under this chapter shall be used 5 for the following purposes: 6 (a) Amounts as shall be necessary to pay the debt 7 service on, or fund debt service reserve funds, rebate 8 obligations, or other amounts payable with respect to 9 Preservation 2000 bonds issued pursuant to s. 375.051 and 10 Florida Forever bonds issued pursuant to s. 215.618, shall be 11 paid into the State Treasury to the credit of the Land 12 Acquisition Trust Fund to be used for such purposes. The 13 amount transferred to the Land Acquisition Trust Fund for such 14 purposes shall not exceed $300 million in fiscal year 15 1999-2000 and thereafter for Preservation 2000 bonds and bonds 16 issued to refund Preservation 2000 bonds, and $300 million in 17 fiscal year 2000-2001 and thereafter for Florida Forever 18 bonds. The annual amount transferred to the Land Acquisition 19 Trust Fund for Florida Forever bonds shall not exceed $30 20 million in the first fiscal year in which bonds are issued. 21 The limitation on the amount transferred shall be increased by 22 an additional $30 million in each subsequent fiscal year, but 23 shall not exceed a total of $300 million in any fiscal year 24 for all bonds issued. It is the intent of the Legislature that 25 all bonds issued to fund the Florida Forever Act be retired by 26 December 31, 2030. Except for bonds issued to refund 27 previously issued bonds, no series of bonds may be issued 28 pursuant to this paragraph unless such bonds are approved and 29 the debt service for the remainder of the fiscal year in which 30 the bonds are issued is specifically appropriated in the 31 General Appropriations Act. For purposes of refunding 128 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 Preservation 2000 bonds, amounts designated within this 2 section for Preservation 2000 and Florida Forever bonds may be 3 transferred between the two programs to the extent provided 4 for in the documents authorizing the issuance of the bonds. 5 The Preservation 2000 bonds and Florida Forever bonds shall be 6 equally and ratably secured by moneys distributable to the 7 Land Acquisition Trust Fund pursuant to this section, except 8 to the extent specifically provided otherwise by the documents 9 authorizing the issuance of the bonds. No moneys transferred 10 to the Land Acquisition Trust Fund pursuant to this paragraph, 11 or earnings thereon, shall be used or made available to pay 12 debt service on the Save Our Coast revenue bonds. 13 (b) The remainder of the moneys distributed under this 14 subsection, after the required payment under paragraph (a), 15 shall be paid into the State Treasury to the credit of the 16 Save Our Everglades Trust Fund in amounts necessary to pay 17 debt service, provide reserves, and pay rebate obligations and 18 other amounts due with respect to bonds issued under s. 19 215.619. 20 (c) The remainder of the moneys distributed under this 21 subsection, after the required payments under paragraphs (a) 22 and (b), shall be paid into the State Treasury to the credit 23 of the Land Acquisition Trust Fund and may be used for any 24 purpose for which funds deposited in the Land Acquisition 25 Trust Fund may lawfully be used. Payments made under this 26 paragraph shall continue until the cumulative amount credited 27 to the Land Acquisition Trust Fund for the fiscal year under 28 this paragraph and paragraph (2)(b) equals 70 percent of the 29 current official forecast for distributions of taxes collected 30 under this chapter pursuant to subsection (2). As used in this 31 paragraph, the term "current official forecast" means the most 129 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 recent forecast as determined by the Revenue Estimating 2 Conference. If the current official forecast for a fiscal year 3 changes after payments under this paragraph have ended during 4 that fiscal year, no further payments are required under this 5 paragraph during the fiscal year. 6 (d) The remainder of the moneys distributed under this 7 subsection, after the required payments under paragraphs (a), 8 (b), and (c), shall be paid into the State Treasury to the 9 credit of: 10 1. The State Transportation Trust Fund in the 11 Department of Transportation in the amount of $575 million in 12 each fiscal year, to be paid in quarterly installments and 13 used for the following specified purposes notwithstanding any 14 other law to the contrary: 15 a. For the purposes of capital funding for the New 16 Starts Transit Program specified in s. 341.051, 10 percent of 17 these funds; 18 b. For the purposes of the Small County Outreach 19 Program specified in s. 339.2818, 5 percent of these funds; 20 c. For the purposes of the Strategic Intermodal System 21 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 22 percent of these funds after allocating for the New Starts 23 Transit Program described in sub-subparagraph a. and the Small 24 County Outreach Program described in sub-subparagraph b.; and 25 d. For the purposes of the Transportation Regional 26 Incentive Program specified in s. 339.2819, 25 percent of 27 these funds after allocating for the New Starts Transit 28 Program described in sub-subparagraph a. and the Small County 29 Outreach Program described in sub-subparagraph b. 30 2. The Water Protection and Sustainability Program 31 Trust Fund in the Department of Environmental Protection in 130 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 the amount of $100 million in each fiscal year, to be paid in 2 quarterly installments and used as required by s. 403.890. 3 3. The Public Education Capital Outlay and Debt 4 Service Trust Fund in the Department of Education in the 5 amount of $75 million in each fiscal year, to be paid in 6 monthly installments and used to fund the Classrooms for Kids 7 Program created in s. 1013.735. 8 9 Moneys distributed pursuant to this paragraph may not be 10 pledged for debt service unless such pledge is approved by 11 referendum of the voters. 12 (e)(d) The remainder of the moneys distributed under 13 this subsection, after the required payments under paragraphs 14 (a), (b), and (c), shall be paid into the State Treasury to 15 the credit of the General Revenue Fund of the state to be used 16 and expended for the purposes for which the General Revenue 17 Fund was created and exists by law or to the Ecosystem 18 Management and Restoration Trust Fund or to the Marine 19 Resources Conservation Trust Fund as provided in subsection 20 (11). 21 Section 30. (1) The following appropriations are made 22 for the 2005-2006 fiscal year only from the General Revenue 23 Fund, from revenues deposited into the fund pursuant to 24 section 201.15(1)(e), Florida Statutes, on a nonrecurring 25 basis and in quarterly installments: 26 (a) To the State Transportation Trust Fund in the 27 Department of Transportation, $575 million. 28 (b) To the Water Protection and Sustainability Program 29 Trust Fund in the Department of Environmental Protection, $100 30 million. 31 (c) To the Public Education Capital Outlay and Debt 131 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 Service Trust Fund in the Department of Education, $73.75 2 million. 3 (d) To the Grants and Donations Trust Fund in the 4 Department of Community Affairs, $1.25 million. 5 (2) The following appropriations are made for the 6 2005-2006 fiscal year only on a nonrecurring basis: 7 (a) From the State Transportation Trust Fund in the 8 Department of Transportation: 9 1. Four hundred million dollars for the purposes 10 specified in sections 339.61, 339.62, 339.63, and 339.64, 11 Florida Statutes. 12 2. Seventy-five million dollars for the purposes 13 specified in section 339.2819, Florida Statutes. 14 3. One hundred million dollars for the purposes 15 specified in section 339.55, Florida Statutes. 16 (b) From the Water Protection and Sustainability 17 Program Trust Fund in the Department of Environmental 18 Protection, $100 million for the purposes specified in section 19 403.890, Florida Statutes. 20 (c) From the Public Education Capital Outlay and Debt 21 Service Trust Fund in the Department of Education, the sum of 22 $73.75 million for the purpose of funding the Classrooms for 23 Kids Program created in section 1013.735, Florida Statutes. 24 Notwithstanding the requirements of sections 1013.64 and 25 1013.65, Florida Statutes, these moneys may not be distributed 26 as part of the comprehensive plan for the Public Education 27 Capital Outlay and Debt Service Trust Fund. 28 (d) From the Grants and Donations Trust Fund in the 29 Department of Community Affairs: 30 1. One million dollars to provide technical assistance 31 to local governments and school boards on the requirements and 132 11:51 AM 04/25/05 s0360c2p-wm00-c8g
Florida Senate - 2005 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for CS for SB 360 Barcode 210728 576-2245B-05 1 implementation of this act. The department shall provide a 2 report to the Governor, the President of the Senate, and the 3 Speaker of the House of Representatives by February 1, 2006, 4 on the progress made toward implementing this act and a 5 recommendation on whether additional funds should be 6 appropriated to provide additional technical assistance. 7 2. Two hundred and fifty thousand dollars to support 8 the Century Commission, created by section 163.3247, Florida 9 Statutes. 10 Section 31. Except as otherwise expressly provided in 11 this act, this act shall take effect July 1, 2005. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 133 11:51 AM 04/25/05 s0360c2p-wm00-c8g
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