October 22, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Senate Bill 0360

Senate Bill sb0360c3

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005              CS for CS for CS for SB 360

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




    576-2328-05

  1                      A bill to be entitled

  2         An act relating to infrastructure planning and

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

  4         the term "financial feasibility"; amending s.

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

  6         capital improvements element of a comprehensive

  7         plan; requiring a schedule of capital

  8         improvements; providing a deadline for certain

  9         amendments; providing an exception; providing

10         for sanctions; requiring incorporation of

11         selected water supply projects in the

12         comprehensive plan; authorizing planning for

13         multijurisdictional water supply facilities;

14         providing requirements for counties and

15         municipalities with respect to the public

16         school facilities element; requiring an

17         interlocal agreement; exempting certain

18         municipalities from such requirements;

19         requiring that the state land planning agency

20         establish a schedule for adopting and updating

21         the public school facilities element;

22         encouraging local governments to include a

23         community vision and an urban service boundary

24         as a component of their comprehensive plans;

25         prescribing taxing authority of local

26         governments doing so; repealing s. 163.31776,

27         F.S., relating to the public educational

28         facilities element; amending s. 163.31777,

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

30         schools interlocal agreement to conform to

31         changes made by the act; requiring the school

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         board to provide certain information to the

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

 3         revising requirements for concurrency;

 4         providing for schools to be subject to

 5         concurrency requirements; requiring that an

 6         adequate water supply be available for new

 7         development; revising requirements for

 8         transportation facilities; requiring that the

 9         Department of Transportation be consulted

10         regarding certain level-of-service standards;

11         revising criteria and providing guidelines for

12         transportation concurrency exception areas;

13         requiring a local government to consider the

14         transportation level-of-service standards of

15         adjacent jurisdictions for certain roads;

16         providing a process to monitor de minimis

17         impacts; revising the requirements for a

18         long-term transportation concurrency management

19         system; providing for a long-term school

20         concurrency management system; requiring that

21         school concurrency be established on less than

22         a districtwide basis within 5 years; providing

23         certain exceptions; authorizing a local

24         government to approve a development order if

25         the developer executes a commitment to mitigate

26         the impacts on public school facilities;

27         providing requirements for such proportionate

28         fair-share mitigation; requiring the adoption

29         of a transportation concurrency management

30         system by ordinances; amending s. 163.3184,

31         F.S.; prescribing authority of local

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         governments to adopt plan amendments after

 2         adopting community vision and an urban service

 3         boundary; providing for small scale plan

 4         amendment review under certain circumstances;

 5         providing an exemption; amending s. 163.3191,

 6         F.S.; providing additional requirements for the

 7         evaluation and assessment of the comprehensive

 8         plan for counties and municipalities that do

 9         not have a public schools interlocal agreement;

10         revising requirements for the evaluation and

11         appraisal report; providing time limit for

12         amendments relating to the report; amending s.

13         212.055, F.S.; revising permissible rates for

14         charter county transit system surtax; revising

15         methods for approving such a surtax; providing

16         for a noncharter county to levy this surtax

17         under certain circumstances; limiting the

18         expenditure of the proceeds to a specified area

19         under certain circumstances; revising methods

20         for approving a local government infrastructure

21         surtax; limiting the expenditure of the

22         proceeds to a specified area under certain

23         circumstances; revising a ceiling on rates of

24         small county surtaxes; revising methods for

25         approving a school capital outlay surtax;

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

27         adjustment of the ninth-cent fuel tax and local

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

29         revising methods for approving such a fuel tax;

30         limiting authority of a county to impose the

31         ninth-cent fuel tax without adopting a

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2         limiting authority of a county to impose the

 3         local option fuel tax without adopting a

 4         community vision; revising methods for

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

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

 7         the Department of Transportation; conforming

 8         provisions to changes made by the act;

 9         requiring the Office of Program Policy Analysis

10         and Government Accountability to perform a

11         study of the boundaries of specified state

12         entities; requiring a report to the

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

14         providing a popular name; providing legislative

15         findings and intent; creating the Century

16         Commission for certain purposes; providing for

17         appointment of commission members; providing

18         for terms; providing for meetings and votes of

19         members; requiring members to serve without

20         compensation; providing for per diem and travel

21         expenses; providing powers and duties of the

22         commission; requiring the creation of a joint

23         select committee of the Legislature; providing

24         purposes; requiring the Secretary of Community

25         Affairs to select an executive director of the

26         commission; requiring the Department of

27         Community Affairs to provide staff for the

28         commission; providing for other agency staff

29         support for the commission; creating s.

30         339.2819, F.S.; creating the Transportation

31         Regional Incentive Program within the

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         Department of Transportation; providing

 2         matching funds for projects meeting certain

 3         criteria; amending s. 337.107, F.S.; allowing

 4         the inclusion of right-of-way services in

 5         certain design-build contracts; amending s.

 6         337.11, F.S.; allowing the Department of

 7         Transportation to include right-of-way services

 8         and design and construction into a single

 9         contract; providing an exception; delaying

10         construction activities in certain

11         circumstances; amending s. 337.107, F.S.,

12         effective July 1, 2007; eliminating the

13         inclusion of right-of-way services as part of

14         design-build contracts under certain

15         circumstances; amending s. 337.11, F.S.,

16         effective July 1, 2007; allowing design and

17         construction phases to be combined for certain

18         projects; deleting an exception; amending s.

19         380.06, F.S.; providing exceptions; amending s.

20         1013.33, F.S.; conforming provisions to changes

21         made by the act; amending s. 206.46, F.S.;

22         increasing the threshold for maximum debt

23         service for transfers in the State

24         Transportation Trust Fund; amending s. 339.08,

25         F.S.; providing for expenditure of moneys in

26         the State Transportation Trust Fund; amending

27         s. 339.155, F.S.; providing for the development

28         of regional transportation plans in Regional

29         Transportation Areas; amending s. 339.175,

30         F.S.; making conforming changes to provisions

31         of the act; amending s. 339.55, F.S.; providing

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         for loans for certain projects from the

 2         state-funded infrastructure bank within the

 3         Department of Transportation; amending s.

 4         1013.64, F.S.; providing for the expenditure of

 5         funds in the Public Education Capital Outlay

 6         and Debt Service Trust Fund; amending s.

 7         1013.65, F.S.; providing funding for the

 8         Classrooms for Kids Program; amending s.

 9         201.15, F.S.; providing for the expenditure of

10         certain funds in the Land Acquisition Trust

11         Fund; providing for appropriations for the

12         2005-2006 fiscal year on a nonrecurring basis

13         for certain purposes; providing effective

14         dates.

15  

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

17  

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

19  163.3164, Florida Statutes, to read:

20         163.3164  Local Government Comprehensive Planning and

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

22  act:

23         (32)  "Financial feasibility" means that sufficient

24  revenues are currently available or will be available from

25  committed or planned funding sources available for financing

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

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

28  contributions, which are adequate to fund the projected costs

29  of the capital improvements identified in the comprehensive

30  plan necessary to ensure that adopted level-of-service

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  standards are achieved and maintained within the period

 2  covered by the 5-year schedule of capital improvements.

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

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

 5  163.3177, Florida Statutes, are amended, and subsections (13)

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

 7         163.3177  Required and optional elements of

 8  comprehensive plan; studies and surveys.--

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

10  comprehensive plan shall be a major objective of the planning

11  process.  The several elements of the comprehensive plan shall

12  be consistent, and the comprehensive plan shall be financially

13  economically feasible. Financial feasibility shall be

14  determined using professionally accepted methodologies.

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

16  improvements element designed to consider the need for and the

17  location of public facilities in order to encourage the

18  efficient utilization of such facilities and set forth:

19         1.  A component which outlines principles for

20  construction, extension, or increase in capacity of public

21  facilities, as well as a component which outlines principles

22  for correcting existing public facility deficiencies, which

23  are necessary to implement the comprehensive plan.  The

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

25         2.  Estimated public facility costs, including a

26  delineation of when facilities will be needed, the general

27  location of the facilities, and projected revenue sources to

28  fund the facilities.

29         3.  Standards to ensure the availability of public

30  facilities and the adequacy of those facilities including

31  acceptable levels of service.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         4.  Standards for the management of debt.

 2         5.  A schedule of capital improvements which includes

 3  publicly funded projects, and which may include privately

 4  funded projects for which the local government has no fiscal

 5  responsibility, necessary to ensure that adopted

 6  level-of-service standards are achieved and maintained. For

 7  capital improvements that will be funded by the developer,

 8  financial feasibility shall be demonstrated by being

 9  guaranteed in an enforceable development agreement or

10  interlocal agreement pursuant to paragraph (10)(h), or other

11  enforceable agreement. These development agreements and

12  interlocal agreements shall be reflected in the schedule of

13  capital improvements if the capital improvement is necessary

14  to serve development within the 5-year schedule. If the local

15  government uses planned revenue sources that require referenda

16  or other actions to secure the revenue source, the plan must,

17  in the event the referenda are not passed or actions do not

18  secure the planned revenue source, identify other existing

19  revenue sources that will be used to fund the capital projects

20  or otherwise amend the plan to ensure financial feasibility.

21         6.  The schedule must include transportation

22  improvements included in the applicable metropolitan planning

23  organization's transportation improvement program adopted

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

25  are relied upon to ensure concurrency and financial

26  feasibility. The schedule must also be coordinated with the

27  applicable metropolitan planning organization's long-range

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

29         (b)1.  The capital improvements element shall be

30  reviewed on an annual basis and modified as necessary in

31  accordance with s. 163.3187 or s. 163.3189 in order to

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  maintain a financially feasible 5-year schedule of capital

 2  improvements., except that Corrections, updates, and

 3  modifications concerning costs; revenue sources; or acceptance

 4  of facilities pursuant to dedications which are consistent

 5  with the plan; or the date of construction of any facility

 6  enumerated in the capital improvements element may be

 7  accomplished by ordinance and shall not be deemed to be

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

 9  ordinance shall be transmitted to the state land planning

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

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

12  or delay the construction for any facility listed in the

13  5-year schedule.  All public facilities shall be consistent

14  with the capital improvements element. Amendments to implement

15  this section must be adopted and transmitted no later than

16  December 1, 2007. Thereafter, a local government may not amend

17  its future land use map, except for plan amendments to meet

18  new requirements under this part and emergency amendments

19  pursuant to s. 163.3187(1)(a), after December 1, 2007, and

20  every year thereafter, unless and until the local government

21  has adopted the annual update and it has been transmitted to

22  the state land planning agency.

23         2.  Capital improvements element amendments adopted

24  after the effective date of this act shall require only a

25  single public hearing before the governing board which shall

26  be an adoption hearing as described in s. 163.3184(7). Such

27  amendments are not subject to the requirements of s.

28  163.3184(3)-(6). Amendments to the 5-year schedule of

29  improvements adopted after the effective date of this act

30  shall not be subject to challenge by an affected party. If the

31  department finds an amendment pursuant to this subparagraph

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  not in compliance, the local government may challenge that

 2  determination pursuant to s. 163.3184(10).

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

 4  required annual update to the schedule of capital improvements

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

 6  land planning agency must notify the Administration

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

 8  commitment to meeting its obligations identified in the

 9  capital improvement element may be subject to sanctions by the

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

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

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

13  must also adopt a long-term capital improvements schedule

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

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

16  capital improvements must be financially feasible.

17         (6)  In addition to the requirements of subsections

18  (1)-(5) and (12), the comprehensive plan shall include the

19  following elements:

20         (a)  A future land use plan element designating

21  proposed future general distribution, location, and extent of

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

23  industry, agriculture, recreation, conservation, education,

24  public buildings and grounds, other public facilities, and

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

26  Counties are encouraged to designate rural land stewardship

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

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

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

30  include standards to be followed in the control and

31  distribution of population densities and building and

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  structure intensities. The proposed distribution, location,

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

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

 4  supplemented by goals, policies, and measurable objectives.

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

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

 7  required to accommodate anticipated growth; the projected

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

 9  availability of water supplies, public facilities, and

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

11  blighted areas and the elimination of nonconforming uses which

12  are inconsistent with the character of the community; the

13  compatibility of uses on lands adjacent to or closely

14  proximate to military installations; and, in rural

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

16  and economic development that will strengthen and diversify

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

18  designate areas for future planned development use involving

19  combinations of types of uses for which special regulations

20  may be necessary to ensure development in accord with the

21  principles and standards of the comprehensive plan and this

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

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

24  proximate lands with military installations. In addition, for

25  rural communities, the amount of land designated for future

26  planned industrial use shall be based upon surveys and studies

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

28  and the necessity to strengthen and diversify the local

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

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

31  a county may also designate areas for possible future

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  generally identify and depict historic district boundaries and

 3  shall designate historically significant properties meriting

 4  protection.  The future land use element must clearly identify

 5  the land use categories in which public schools are an

 6  allowable use.  When delineating the land use categories in

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

 8  shall include in the categories sufficient land proximate to

 9  residential development to meet the projected needs for

10  schools in coordination with public school boards and may

11  establish differing criteria for schools of different type or

12  size.  Each local government shall include lands contiguous to

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

14  the land use categories in which public schools are an

15  allowable use. All comprehensive plans must comply with the

16  school siting requirements of this paragraph no later than

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

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

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

20  amend the local comprehensive plan, except for plan amendments

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

22  requirements are met. Amendments proposed by a local

23  government for purposes of identifying the land use categories

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

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

26  are exempt from the limitation on the frequency of plan

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

28  element shall include criteria that encourage the location of

29  schools proximate to urban residential areas to the extent

30  possible and shall require that the local government seek to

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

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  encourage the use of elementary schools as focal points for

 3  neighborhoods. For schools serving predominantly rural

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

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

 6  the location of public school facilities if the local

 7  comprehensive plan contains school siting criteria and the

 8  location is consistent with such criteria. Local governments

 9  required to update or amend their comprehensive plan to

10  include criteria and address compatibility of adjacent or

11  closely proximate lands with existing military installations

12  in their future land use plan element shall transmit the

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

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

15  potable water, and natural groundwater aquifer recharge

16  element correlated to principles and guidelines for future

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

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

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

20  detailed engineering plan including a topographic map

21  depicting areas of prime groundwater recharge. The element

22  shall describe the problems and needs and the general

23  facilities that will be required for solution of the problems

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

25  depicting any areas adopted by a regional water management

26  district as prime groundwater recharge areas for the Floridan

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

28  shall be given special consideration when the local government

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

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

31  surveys shall be provided which indicate the suitability of

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  soils for septic tanks. Within 18 months after the governing

 2  board approves an updated regional water supply plan By

 3  December 1, 2006, the element must incorporate the alternative

 4  water supply project or projects selected by the local

 5  government from those identified in the regional water supply

 6  plan pursuant to s. 373.0361(2)(a) or proposed by the local

 7  government under s. 373.0361(7)(b) consider the appropriate

 8  water management district's regional water supply plan

 9  approved pursuant to s. 373.0361. The element must identify

10  such alternative water supply projects and traditional water

11  supply projects and conservation and reuse necessary to meet

12  the water needs identified in s. 373.0361(2)(a) within the

13  local government's jurisdiction and include a work plan,

14  covering the comprehensive plan's established at least a

15  10-year planning period, for building public, private, and

16  regional water supply facilities, including development of

17  alternative water supplies, which that are identified in the

18  element as necessary to serve existing and new development and

19  for which the local government is responsible. The work plan

20  shall be updated, at a minimum, every 5 years within 18 12

21  months after the governing board of a water management

22  district approves an updated regional water supply plan.

23  Amendments to incorporate the work plan do not count toward

24  the limitation on the frequency of adoption of amendments to

25  the comprehensive plan. Local governments, public and private

26  utilities, regional water supply authorities, special

27  districts, and water management districts are encouraged to

28  cooperatively plan for the development of multijurisdictional

29  water supply facilities that are sufficient to meet projected

30  demands for established planning periods, including the

31  

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 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  

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  Affairs shall provide technical assistance to the local

 2  governments in identifying deficits or duplication.

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

 4  Department of Community Affairs shall, through the appropriate

 5  regional planning council, coordinate a meeting of all local

 6  governments within the regional planning area to discuss the

 7  reports and potential strategies to remedy any identified

 8  deficiencies or duplications.

 9         8.  Each local government shall update its

10  intergovernmental coordination element based upon the findings

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

12  may be used as supporting data and analysis for the

13  intergovernmental coordination element.

14         9.  By February 1, 2003, Representatives of

15  municipalities, counties, and special districts shall provide

16  to the Legislature recommended statutory changes for

17  annexation, including any changes that address the delivery of

18  local government services in areas planned for annexation.

19         (12)  A public school facilities element adopted to

20  implement a school concurrency program shall meet the

21  requirements of this subsection.

22         (a)  Each county and each municipality within the

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

24  consistent public school facilities element and enter the

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

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

27  municipalities within the county if the capacity rate for all

28  schools within the school district is no greater than 100

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

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

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

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  be demonstrated that the capacity rate for that single school

 3  is not greater than 105 percent. A municipality in a nonexempt

 4  county is exempt if the municipality meets all of the

 5  following criteria for having no significant impact on school

 6  attendance:

 7         1.  The municipality has issued development orders for

 8  fewer than 50 residential dwelling units during the preceding

 9  5 years, or the municipality has generated fewer than 25

10  additional public school students during the preceding 5

11  years.

12         2.  The municipality has not annexed new land during

13  the preceding 5 years in land use categories that permit

14  residential uses that will affect school attendance rates.

15         3.  The municipality has no public schools located

16  within its boundaries.

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

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

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

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

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

22  163.31777 and the 5-year school district facilities work

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

24  survey prepared pursuant to s. 1013.31 and an existing

25  educational and ancillary plant map or map series; information

26  on existing development and development anticipated for the

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

28  problems and opportunities for existing schools and schools

29  anticipated in the future; an analysis of opportunities to

30  collocate future schools with other public facilities such as

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

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  need for supporting public facilities for existing and future

 2  schools; an analysis of opportunities to locate schools to

 3  serve as community focal points; projected future population

 4  and associated demographics, including development patterns

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

 6  periods; and anticipated educational and ancillary plants with

 7  land area requirements.

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

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

10  programs and activities are ultimately directed.

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

12  objectives for each goal, setting specific, measurable,

13  intermediate ends that are achievable and mark progress toward

14  the goal.

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

16  for each objective which establish the way in which programs

17  and activities will be conducted to achieve an identified

18  goal.

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

20  such as:

21         1.  The procedure for an annual update process;

22         2.  The procedure for school site selection;

23         3.  The procedure for school permitting;

24         4.  Provision for of supporting infrastructure

25  necessary to support proposed schools, including potable

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

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

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

29         5.  Provision for colocation of other public

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

31  in proximity to public schools;

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         6.  Provision for location of schools proximate to

 2  residential areas and to complement patterns of development,

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

 4  community focal points;

 5         7.  Measures to ensure compatibility of school sites

 6  and surrounding land uses;

 7         8.  Coordination with adjacent local governments and

 8  the school district on emergency preparedness issues,

 9  including the use of public schools to serve as emergency

10  shelters; and

11         9.  Coordination with the future land use element.

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

13  conditions maps which depict the anticipated location of

14  educational and ancillary plants, including the general

15  location of improvements to existing schools or new schools

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

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

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

19  indicating general locations of future schools or school

20  improvements may not prescribe a land use on a particular

21  parcel of land.

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

23  phased schedule for adoption of the public school facilities

24  element and the required updates to the public schools

25  interlocal agreement pursuant to s. 163.31777. The schedule

26  shall provide for each county and local government within the

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

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

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

30  163.3187(1).

31  

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (i)  Failure to adopt the public school facility

 2  element, to enter into an approved interlocal agreement as

 3  required by subparagraph (6)(h)2. and 163.31777, or to amend

 4  the comprehensive plan as necessary to implement school

 5  concurrency, according to the phased schedule, shall result in

 6  a local government being prohibited from adopting amendments

 7  to the comprehensive plan which increase residential density

 8  until the necessary amendments have been adopted and

 9  transmitted to the state land planning agency.

10         (j)  The state land planning agency may issue the

11  school board a notice to show cause why sanctions should not

12  be enforced for failure to enter into an approved interlocal

13  agreement as required by s. 163.31777 or for failure to

14  implement the provisions of this act relating to public school

15  concurrency. The school board may be subject to sanctions

16  imposed by the Administration Commission directing the

17  Department of Education to withhold from the district school

18  board an equivalent amount of funds for school construction

19  available pursuant to ss. 1013.65, 1013.68, 1013.70, and

20  1013.72.

21         (13)  Local governments are encouraged to develop a

22  community vision that provides for sustainable growth,

23  recognizes its fiscal constraints, and protects its natural

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

25  applicable regional planning council shall provide assistance

26  in the development of a community vision.

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

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

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

30  local planning agency. Before those public meetings, the local

31  government must hold at least one public workshop with

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  stakeholder groups such as neighborhood associations,

 2  community organizations, businesses, private property owners,

 3  housing and development interests, and environmental

 4  organizations.

 5         (b)  The local government must, at a minimum, discuss

 6  five of the following topics as part of the workshops and

 7  public meetings required under paragraph (a):

 8         1.  Future growth in the area using population

 9  forecasts from the Bureau of Economic and Business Research;

10         2.  Priorities for economic development;

11         3.  Preservation of open space, environmentally

12  sensitive lands, and agricultural lands;

13         4.  Appropriate areas and standards for mixed-use

14  development;

15         5.  Appropriate areas and standards for high-density

16  commercial and residential development;

17         6.  Appropriate areas and standards for

18  economic-development opportunities and employment centers;

19         7.  Provisions for adequate workforce housing;

20         8.  An efficient, interconnected multimodal

21  transportation system; and

22         9.  Opportunities to create land use patterns that

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

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

25  local government must discuss strategies for addressing the

26  topics discussed under paragraph (b), including:

27         1.  Strategies to preserve open space and

28  environmentally sensitive lands, and to encourage a healthy

29  agricultural economy, including innovative planning and

30  development strategies, such as the transfer of development

31  rights;

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         2.  Incentives for mixed-use development, including

 2  increased height and intensity standards for buildings that

 3  provide residential use in combination with office or

 4  commercial space;

 5         3.  Incentives for workforce housing;

 6         4.  Designation of an urban service boundary pursuant

 7  to subsection (2); and

 8         5.  Strategies to provide mobility within the community

 9  and to protect the Strategic Intermodal System, including the

10  development of a transportation corridor management plan under

11  s. 337.273.

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

13  shared concept for growth and development of the community,

14  including visual representations depicting the desired

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

16  10-year planning timeframe. The community vision must also

17  take into consideration economic viability of the vision and

18  private property interests.

19         (e)  After the workshops and public meetings required

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

21  its comprehensive plan to include the community vision as a

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

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

24  163.3189 at public hearings of the governing body other than

25  those identified in paragraph (a).

26         (f)  Amendments submitted under this subsection are

27  exempt from the limitation on the frequency of plan amendments

28  in s. 163.3187.

29         (g)  A county that has adopted a community vision and

30  the plan amendment incorporating the vision has been found in

31  

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  compliance may levy a local option fuel tax under s.

 2  336.025(1)(b) by a majority vote of its governing body.

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

 4  component of the comprehensive plan and the plan amendment

 5  incorporating the community vision as a component has been

 6  found in compliance may levy the ninth-cent fuel tax under s.

 7  336.021(1)(a) by a majority vote of its governing body.

 8         (i)  A local government that has developed a community

 9  vision or completed a visioning process after July 1, 2000,

10  and before July 1, 2005, which substantially accomplishes the

11  goals set forth in this subsection and the appropriate goals,

12  policies, or objectives have been adopted as part of the

13  comprehensive plan or reflected in subsequently adopted land

14  development regulations and the plan amendment incorporating

15  the community vision as a component has been found in

16  compliance may levy the local option fuel tax under s.

17  336.025(1)(b) and the ninth-cent fuel tax under s.

18  336.021(1)(a) by a majority vote of its governing body.

19         (14)  Local governments are also encouraged to

20  designate an urban service boundary. This area must be

21  appropriate for compact, contiguous urban development within a

22  10-year planning timeframe. The urban service area boundary

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

24  The local government shall demonstrate that the land included

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

26  be served with adequate public facilities and services based

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

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

29  improvements element which is financially feasible. The local

30  government shall demonstrate that the amount of land within

31  the urban service boundary does not exceed the amount of land

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  needed to accommodate the projected population growth at

 2  densities consistent with the adopted comprehensive plan

 3  within the 10-year planning timeframe.

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

 5  service boundary, the local government must hold two public

 6  meetings with at least one of those meetings before the local

 7  planning agency. Before those public meetings, the local

 8  government must hold at least one public workshop with

 9  stakeholder groups such as neighborhood associations,

10  community organizations, businesses, private property owners,

11  housing and development interests, and environmental

12  organizations.

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

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

15  its comprehensive plan to include the urban service boundary.

16  This plan amendment must be transmitted and adopted pursuant

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

18  the governing body other than those required under paragraph

19  (a).

20         2.  This subsection does not prohibit new development

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

22  that establishes an urban service boundary under this

23  subsection is encouraged to require a full-cost accounting

24  analysis for any new development outside the boundary and to

25  consider the results of that analysis when adopting a plan

26  amendment for property outside the established urban service

27  boundary.

28         (c)  Amendments submitted under this subsection are

29  exempt from the limitation on the frequency of plan amendments

30  in s. 163.3187.

31  

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

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

 3  subsection as part of its comprehensive plan and the plan

 4  amendments incorporating the vision and the urban service

 5  boundary have been found in compliance may levy the charter

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

 7  vote of the governing body.

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

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

10  subsection and the plan amendments incorporating the vision

11  and the urban service boundary have been found in compliance

12  may levy the local government infrastructure surtax under s.

13  212.055(2) by a majority vote of its governing body.

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

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

16  subsection and the plan amendment incorporating the vision and

17  the urban service boundary has been found in compliance may

18  levy the local government infrastructure surtax under s.

19  212.055(2) and the small county surtax under s. 212.055(3) by

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

21  up to 2 percent.

22         Section 3.  Section 163.31776, Florida Statutes, is

23  repealed.

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

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

26         163.31777  Public schools interlocal agreement.--

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

28  address interlocal-agreement requirements in s.

29  163.3180(13)(g), except for exempt local governments as

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

31  issues:

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  district school board agree and base their plans on consistent

 3  projections of the amount, type, and distribution of

 4  population growth and student enrollment. The geographic

 5  distribution of jurisdiction-wide growth forecasts is a major

 6  objective of the process.

 7         (b)  A process to coordinate and share information

 8  relating to existing and planned public school facilities,

 9  including school renovations and closures, and local

10  government plans for development and redevelopment.

11         (c)  Participation by affected local governments with

12  the district school board in the process of evaluating

13  potential school closures, significant renovations to existing

14  schools, and new school site selection before land

15  acquisition. Local governments shall advise the district

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

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

18  including appropriate circumstances and criteria under which a

19  district school board may request an amendment to the

20  comprehensive plan for school siting.

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

22  of onsite and offsite improvements to support new, proposed

23  expansion, or redevelopment of existing schools. The process

24  must address identification of the party or parties

25  responsible for the improvements.

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

27  government regarding the effect of comprehensive plan

28  amendments on school capacity. The capacity reporting must be

29  consistent with laws and rules relating to measurement of

30  school facility capacity and must also identify how the

31  

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  district school board will meet the public school demand based

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

 3         (f)  Participation of the local governments in the

 4  preparation of the annual update to the district school

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

 6  educational plant survey prepared pursuant to s. 1013.35.

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

 8  of either school board or local government facilities can be

 9  shared for mutual benefit and efficiency.

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

11  the district school board and local governments, which may

12  include the dispute resolution processes contained in chapters

13  164 and 186.

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

15  public participation, for the implementation of the interlocal

16  agreement.

17  

18  A signatory to the interlocal agreement may elect not to

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

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

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

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

23  the interlocal agreement. An interlocal agreement entered into

24  pursuant to this section must be consistent with the adopted

25  comprehensive plan and land development regulations of any

26  local government that is a signatory.

27         (5)  Any local government transmitting a public school

28  element to implement school concurrency pursuant to the

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

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

31  agreement to conform with the provisions of this section if

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

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

 3  county conducts its evaluation and appraisal report and

 4  identifies changes necessary to more fully conform to the

 5  provisions of this section.

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

 7  municipalities meeting the exemption criteria in s.

 8  163.3177(12) having no established need for a new school

 9  facility and meeting the following criteria are exempt from

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

11         (a)  The municipality has no public schools located

12  within its boundaries.

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

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

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

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

17  district school board must verify in writing that no new

18  school facility will be needed in the municipality within the

19  5-year and 10-year timeframes.

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

21  report, each exempt municipality shall assess the extent to

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

23  163.3177(12) subsection (6). If the municipality continues to

24  meet these criteria and the district school board verifies in

25  writing that no new school facilities will be needed within

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

27  continue to be exempt from the interlocal-agreement

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

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

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

31  

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  5-year district facilities work program, a new school within

 2  the municipality's jurisdiction.

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

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

 5  (7), (9), (10), (13), and (15) of section 163.3180, Florida

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

 7  to that section, to read:

 8         163.3180  Concurrency.--

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

10  water, parks and recreation, schools, and transportation

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

12  only public facilities and services subject to the concurrency

13  requirement on a statewide basis. Additional public facilities

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

15  statewide basis without appropriate study and approval by the

16  Legislature; however, any local government may extend the

17  concurrency requirement so that it applies to additional

18  public facilities within its jurisdiction.

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

20  sanitary sewer, solid waste, drainage, adequate water

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

22  available to serve new development no later than the issuance

23  by the local government of a certificate of occupancy or its

24  functional equivalent. Prior to approval of a building permit

25  or its functional equivalent, the local government shall

26  confirm with the applicable water supplier that adequate water

27  supplies to serve the new development will be available no

28  later than the anticipated date of issuance by the local

29  government of a certificate of occupancy or its functional

30  equivalent.

31  

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  otherwise provided in this section, parks and recreation

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

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

 5  local government of a certificate of occupancy or its

 6  functional equivalent.  However, the acreage for such

 7  facilities shall be dedicated or be acquired by the local

 8  government prior to issuance by the local government of a

 9  certificate of occupancy or its functional equivalent, or

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

11  committed no later than prior to issuance by the local

12  government's approval to commence construction government of a

13  certificate of occupancy or its functional equivalent.

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

15  otherwise provided in this section, transportation facilities

16  designated as part of the Florida Intrastate Highway System

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

18  actual construction within 3 not more than 5 years after the

19  local government approves a building permit or its functional

20  equivalent that results in traffic generation issuance by the

21  local government of a certificate of occupancy or its

22  functional equivalent. Other transportation facilities needed

23  to serve new development shall be in place or under actual

24  construction no more than 3 years after issuance by the local

25  government of a certificate of occupancy or its functional

26  equivalent.

27         (4)

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

29  to transportation facilities and public schools, as

30  implemented in local government comprehensive plans, may be

31  waived by a local government for urban infill and

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  redevelopment areas designated pursuant to s. 163.2517 if such

 2  a waiver does not endanger public health or safety as defined

 3  by the local government in its local government comprehensive

 4  plan.  The waiver shall be adopted as a plan amendment

 5  pursuant to the process set forth in s. 163.3187(3)(a).  A

 6  local government may grant a concurrency exception pursuant to

 7  subsection (5) for transportation facilities located within

 8  these urban infill and redevelopment areas.

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

10  circumstances dealing with transportation facilities,

11  countervailing planning and public policy goals may come into

12  conflict with the requirement that adequate public facilities

13  and services be available concurrent with the impacts of such

14  development.  The Legislature further finds that often the

15  unintended result of the concurrency requirement for

16  transportation facilities is the discouragement of urban

17  infill development and redevelopment.  Such unintended results

18  directly conflict with the goals and policies of the state

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

20  exceptions from the concurrency requirement for transportation

21  facilities may be granted as provided by this subsection.

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

23  concurrency requirement for transportation facilities if the

24  proposed development is otherwise consistent with the adopted

25  local government comprehensive plan and is a project that

26  promotes public transportation or is located within an area

27  designated in the comprehensive plan for:

28         1.  Urban infill development,

29         2.  Urban redevelopment,

30         3.  Downtown revitalization, or

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

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (c)  The Legislature also finds that developments

 2  located within urban infill, urban redevelopment, existing

 3  urban service, or downtown revitalization areas or areas

 4  designated as urban infill and redevelopment areas under s.

 5  163.2517 which pose only special part-time demands on the

 6  transportation system should be excepted from the concurrency

 7  requirement for transportation facilities.  A special

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

 9  scheduled events during any calendar year and does not affect

10  the 100 highest traffic volume hours.

11         (d)  A local government shall establish guidelines in

12  the comprehensive plan for granting the exceptions authorized

13  in paragraphs (b) and (c) and subsections (7) and (15) which

14  must be consistent with and support a comprehensive strategy

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

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

17  implement strategies to support and fund mobility within the

18  designated exception area, including alternative modes of

19  transportation. The plan amendment shall also demonstrate how

20  strategies will support the purpose of the exception and how

21  mobility within the designated exception area will be

22  provided.  In addition, the strategies must address urban

23  design; appropriate land use mixes, including intensity and

24  density; and network connectivity plans needed to promote

25  urban infill, redevelopment, or downtown revitalization.  The

26  comprehensive plan amendment designating the concurrency

27  exception area shall be accompanied by data and analysis

28  justifying the size of the area.

29         (f)  Prior to the designation of a concurrency

30  exception area, the Department of Transportation shall be

31  consulted by the local government to assess the impact that

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  the proposed exception 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). in the comprehensive plan. These guidelines must

10  include consideration of the impacts on the Florida Intrastate

11  Highway System, as defined in s. 338.001.  The exceptions may

12  be available only within the specific geographic area of the

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

14  any affected person may challenge a plan amendment

15  establishing these guidelines and the areas within which an

16  exception could be granted.

17         (g)  Transportation concurrency exception areas

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

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

20  the comprehensive plan update pursuant to the evaluation and

21  appraisal report, whichever occurs last.

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

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

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

25  volume at the adopted level of service of the affected

26  transportation facility as determined by the local government.

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

28  volumes and the projected volumes from approved projects on a

29  transportation facility would exceed 110 percent of the

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

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

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

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

 3  deficiency of the roadway. Local governments are encouraged to

 4  adopt methodologies to encourage de minimis impacts on

 5  transportation facilities within an existing urban service

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

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

 8  designated hurricane evacuation routes. Each local government

 9  shall maintain sufficient records to ensure that the

10  110-percent criterion is not exceeded. Each local government

11  shall submit annually, with its updated capital improvements

12  element, a summary of the de minimis records. If the state

13  land planning agency determines that the 110-percent criterion

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

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

16  minimis exceptions for the applicable roadway may be granted

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

18  percent. The local government shall provide proof of this

19  reduction to the state land planning agency before issuing

20  further de minimis exceptions.

21         (7)  In order to promote infill development and

22  redevelopment, one or more transportation concurrency

23  management areas may be designated in a local government

24  comprehensive plan. A transportation concurrency management

25  area must be a compact geographic area with an existing

26  network of roads where multiple, viable alternative travel

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

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

29  for such a transportation concurrency management area based

30  upon an analysis that provides for a justification for the

31  areawide level of service, how urban infill development or

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  redevelopment will be promoted, and how mobility will be

 2  accomplished within the transportation concurrency management

 3  area. Prior to the designation of a concurrency management

 4  area, the Department of Transportation shall be consulted by

 5  the local government to assess the impact that the proposed

 6  concurrency management area is expected to have on the adopted

 7  level of service standards established for Strategic

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

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

10  Department of Transportation, develop a plan to mitigate any

11  impacts to the Strategic Intermodal System, including, if

12  appropriate, the development of a long-term concurrency

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

14  163.3180(9). Transportation concurrency management areas

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

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

17  the comprehensive plan update pursuant to the evaluation and

18  appraisal report, whichever occurs last. The state land

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

20  Administrative Code, to be consistent with this subsection.

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

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

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

24  years for specially designated districts or areas where

25  significant backlogs exist. The plan may include interim

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

27  rely on the local government's schedule of capital

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

29  development orders that authorize commencement of construction

30  permits in these designated districts or areas. The

31  concurrency management system. It must be designed to correct

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  existing deficiencies and set priorities for addressing

 2  backlogged facilities. The concurrency management system It

 3  must be financially feasible and consistent with other

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

 5  use map.

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

 7  school facility backlog for existing development which cannot

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

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

10  schedule of capital improvements covering of up to 15 years

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

12  between that local government and all other similarly situated

13  local jurisdictions, using the following factors:

14         1.  The extent of the backlog.

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

16  roads.

17         3.  The cost of eliminating the backlog.

18         4.  The local government's tax and other

19  revenue-raising efforts.

20         (c)  The local government may issue approvals to

21  commence construction notwithstanding s. 163.3180, consistent

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

23  management system.

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

25  concurrency management system, it must evaluate the system

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

27  its progress toward improving levels of service within the

28  long-term concurrency management district or area in the

29  evaluation and appraisal report and determine any changes that

30  are necessary to accelerate progress in meeting acceptable

31  levels of service.

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (10)  With regard to roadway facilities on the

 2  Strategic Intermodal System designated in accordance with ss.

 3  339.61, 339.62, 339.63, and 339.64, the Florida Intrastate

 4  Highway System as defined in s. 338.001, and roadway

 5  facilities funded in accordance with s. 339.2819 with

 6  concurrence from the Department of Transportation, the

 7  level-of-service standard for general lanes in urbanized

 8  areas, as defined in s. 334.03(36), may be established by the

 9  local government in the comprehensive plan. For all other

10  facilities on the Florida Intrastate Highway System, local

11  governments shall adopt the level-of-service standard

12  established by the Department of Transportation by rule.  For

13  all other roads on the State Highway System, local governments

14  shall establish an adequate level-of-service standard that

15  need not be consistent with any level-of-service standard

16  established by the Department of Transportation. In

17  establishing adequate level-of-service standards for any

18  arterial roads, or collector roads as appropriate, which

19  traverse multiple jurisdictions, local governments shall

20  consider compatibility with the roadway facility's adopted

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

22  local government within a county shall use a professionally

23  accepted methodology for measuring impacts on transportation

24  facilities for the purposes of implementing its concurrency

25  management system. Counties are encouraged to coordinate with

26  adjacent counties, and local governments within a county are

27  encouraged to coordinate, for the purpose of using common

28  methodologies for measuring impacts on transportation

29  facilities for the purpose of implementing their concurrency

30  management systems.

31  

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  shall be established on a districtwide basis and shall include

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

 4  district, whether located in a municipality or an

 5  unincorporated area unless exempt from the public school

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

 7  application of school concurrency to development shall be

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

 9  local governments within a county, except as provided in

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

11  planning agency the necessary plan amendments, along with the

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

13  163.3184(7) and (8). School concurrency shall not become

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

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

16  amendments, which together with the interlocal agreement, are

17  determined to be in compliance with the requirements of this

18  part. The minimum requirements for school concurrency are the

19  following:

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

21  government shall adopt and transmit to the state land planning

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

23  facilities element which is consistent with the requirements

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

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

26  school facilities plan elements within a county must be

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

28  part.

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

30  recognizes that an essential requirement for a concurrency

31  

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  facility is expected to operate.

 3         1.  Local governments and school boards imposing school

 4  concurrency shall exercise authority in conjunction with each

 5  other to establish jointly adequate level-of-service

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

 7  Code, necessary to implement the adopted local government

 8  comprehensive plan, based on data and analysis.

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

10  included and adopted into the capital improvements element of

11  the local comprehensive plan and shall apply districtwide to

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

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

14  purpose facilities such as magnet schools.

15         3.  Local governments and school boards shall have the

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

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

18  circumstances warrant.

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

20  essential requirement for a concurrency system is a

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

22  be measured when an application for a residential development

23  permit is reviewed for school concurrency purposes. This

24  delineation is also important for purposes of determining

25  whether the local government has a financially feasible public

26  school capital facilities program that will provide schools

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

28  standards.

29         1.  In order to balance competing interests, preserve

30  the constitutional concept of uniformity, and avoid disruption

31  of existing educational and growth management processes, local

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  governments are encouraged to initially apply school

 2  concurrency to development only on a districtwide basis so

 3  that a concurrency determination for a specific development

 4  will be based upon the availability of school capacity

 5  districtwide. To ensure that development is coordinated with

 6  schools having available capacity, within 5 years after

 7  adoption of school concurrency, local governments shall apply

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

 9  using school attendance zones or concurrency service areas, as

10  provided in subparagraph 2.

11         2.  For local governments applying school concurrency

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

13  attendance zones or larger school concurrency service areas,

14  local governments and school boards shall have the burden to

15  demonstrate that the utilization of school capacity is

16  maximized to the greatest extent possible in the comprehensive

17  plan and amendment, taking into account transportation costs

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

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

20  the service area boundaries selected by local governments and

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

22  standards for establishing those boundaries, shall be

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

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

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

26  concurrency system shall be by plan amendment and shall be

27  exempt from the limitation on the frequency of plan amendments

28  in s. 163.3187(1).

29         3.  Where school capacity is available on a

30  districtwide basis but school concurrency is applied on a less

31  than districtwide basis in the form of concurrency service

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

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

 3  a development permit and if the needed capacity for the

 4  particular service area is available in one or more contiguous

 5  service areas, as adopted by the local government, then the

 6  development order may not shall be denied on the basis of

 7  school concurrency, and if issued, development impacts shall

 8  be shifted to contiguous service areas with schools having

 9  available capacity and mitigation measures shall not be

10  exacted.

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

12  that financial feasibility is an important issue because the

13  premise of concurrency is that the public facilities will be

14  provided in order to achieve and maintain the adopted

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

16  Administrative Code, contain specific standards to determine

17  the financial feasibility of capital programs. These standards

18  were adopted to make concurrency more predictable and local

19  governments more accountable.

20         1.  A comprehensive plan amendment seeking to impose

21  school concurrency shall contain appropriate amendments to the

22  capital improvements element of the comprehensive plan,

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

24  9J-5.016, Florida Administrative Code. The capital

25  improvements element shall set forth a financially feasible

26  public school capital facilities program, established in

27  conjunction with the school board, that demonstrates that the

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

29  maintained.

30         2.  Such amendments shall demonstrate that the public

31  school capital facilities program meets all of the financial

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  Administrative Code, that apply to capital programs which

 3  provide the basis for mandatory concurrency on other public

 4  facilities and services.

 5         3.  When the financial feasibility of a public school

 6  capital facilities program is evaluated by the state land

 7  planning agency for purposes of a compliance determination,

 8  the evaluation shall be based upon the service areas selected

 9  by the local governments and school board.

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

11  welfare, a local government may not deny an application for

12  site plan, final subdivision approval, or the functional

13  equivalent for a development or phase of a development permit

14  authorizing residential development for failure to achieve and

15  maintain the level-of-service standard for public school

16  capacity in a local option school concurrency management

17  system where adequate school facilities will be in place or

18  under actual construction within 3 years after the permit

19  issuance of final subdivision or site plan approval, or the

20  functional equivalent. School concurrency shall be satisfied

21  if the developer executes a legally binding commitment to

22  provide mitigation proportionate to the demand for public

23  school facilities to be created by actual development of the

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

25  in subparagraph 1. Options for proportionate-share mitigation

26  of impacts on public school facilities shall be established in

27  the public school facilities element and the interlocal

28  agreement pursuant to s. 163.31777.

29         1.  Appropriate mitigation options include the

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

31  for land acquistion or construction of a public school

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  construction of a public school facility in exchange for the

 3  right to sell capacity credits. Such options must include

 4  execution by the applicant and the local government of a

 5  binding development agreement that constitutes a legally

 6  binding commitment to pay proportionate-share mitigation for

 7  the additional residential units approved by the local

 8  government in a development order and actually developed on

 9  the property, taking into account residential density allowed

10  on the property prior to the plan amendment that increased

11  overall residential density. The district school board shall

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

13  into such a development agreement, the local government may

14  require the landowner to agree to continuing renewal of the

15  agreement upon its expiration.

16         2.  If the education facilities plan and the public

17  educational facilities element authorize a contribution of

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

19  acquistion; or the construction or expansion of a public

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

21  mitigation, the local government shall credit such a

22  contribution, construction, expansion, or payment toward any

23  other impact fee or exaction imposed by local ordinance for

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

25  value.

26         3.  Any proportionate-share mitigation must be directed

27  by the school board toward a school capacity improvement

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

29  and which satisfies the demands created by that development in

30  accordance with a binding developer's agreement.

31  

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         4.  This paragraph does not limit the authority of a

 2  local government to deny a development permit or its

 3  functional equivalent pursuant to its home-rule regulatory

 4  powers, except as provided in this part.

 5         (f)  Intergovernmental coordination.--

 6         1.  When establishing concurrency requirements for

 7  public schools, a local government shall satisfy the

 8  requirements for intergovernmental coordination set forth in

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

10  required to be a signatory to the interlocal agreement

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

12  prerequisite for imposition of school concurrency, and as a

13  nonsignatory, shall not participate in the adopted local

14  school concurrency system, if the municipality meets all of

15  the following criteria for having no significant impact on

16  school attendance:

17         a.  The municipality has issued development orders for

18  fewer than 50 residential dwelling units during the preceding

19  5 years, or the municipality has generated fewer than 25

20  additional public school students during the preceding 5

21  years.

22         b.  The municipality has not annexed new land during

23  the preceding 5 years in land use categories which permit

24  residential uses that will affect school attendance rates.

25         c.  The municipality has no public schools located

26  within its boundaries.

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

28  the boundaries of the municipality has been built upon.

29         2.  A municipality which qualifies as having no

30  significant impact on school attendance pursuant to the

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

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  163.3191 whether it continues to meet the criteria pursuant to

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

 4  longer meets the criteria, it must adopt appropriate school

 5  concurrency goals, objectives, and policies in its plan

 6  amendments based on the evaluation and appraisal report, and

 7  enter into the existing interlocal agreement required by ss.

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

 9  participate in the school concurrency system.  If such a

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

11  enforcement provisions of s. 163.3191.

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

13  establishing concurrency requirements for public schools, a

14  local government must enter into an interlocal agreement that

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

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

17  The interlocal agreement shall acknowledge both the school

18  board's constitutional and statutory obligations to provide a

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

20  and the land use authority of local governments, including

21  their authority to approve or deny comprehensive plan

22  amendments and development orders.  The interlocal agreement

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

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

25  with the other necessary amendments to the comprehensive plan

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

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

28  shall meet the following requirements:

29         1.  Establish the mechanisms for coordinating the

30  development, adoption, and amendment of each local

31  government's public school facilities element with each other

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  districtwide school concurrency system.

 3         2.  Establish a process by which each local government

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

 5  consistent projections of the amount, type, and distribution

 6  of population growth and coordinate and share information

 7  relating to existing and planned public school facilities

 8  projections and proposals for development and redevelopment,

 9  and infrastructure required to support public school

10  facilities.

11         2.3.  Establish a process for the development of siting

12  criteria which encourages the location of public schools

13  proximate to urban residential areas to the extent possible

14  and seeks to collocate schools with other public facilities

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

16  possible.

17         3.4.  Specify uniform, districtwide level-of-service

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

19  for modifying the adopted level-of-service standards.

20         4.5.  Establish a process for the preparation,

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

22  school board of a public school capital facilities program

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

24  incorporation of the public school capital facilities program

25  into the local government comprehensive plans on an annual

26  basis.

27         5.6.  Define the geographic application of school

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

29  than districtwide basis in the form of concurrency service

30  areas, the agreement shall establish criteria and standards

31  for the establishment and modification of school concurrency

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  service areas.  The agreement shall also establish a process

 2  and schedule for the mandatory incorporation of the school

 3  concurrency service areas and the criteria and standards for

 4  establishment of the service areas into the local government

 5  comprehensive plans.  The agreement shall ensure maximum

 6  utilization of school capacity, taking into account

 7  transportation costs and court-approved desegregation plans,

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

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

10  standards for the geographic area of application throughout

11  the 5 years covered by the public school capital facilities

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

13  annual update.

14         6.7.  Establish a uniform districtwide procedure for

15  implementing school concurrency which provides for:

16         a.  The evaluation of development applications for

17  compliance with school concurrency requirements, including

18  information provided by the school board on affected schools,

19  impact on levels of service, and programmed improvements for

20  affected schools and any options to provide sufficient

21  capacity;

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

23  comment on the effect of comprehensive plan amendments and

24  rezonings on the public school facilities plan; and

25         c.  The monitoring and evaluation of the school

26  concurrency system.

27         7.8.  Include provisions relating to termination,

28  suspension, and amendment of the agreement. The agreement

29  shall provide that if the agreement is terminated or

30  suspended, the application of school concurrency shall be

31  terminated or suspended.

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         8.  A process and uniform methodology for determining

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

 3         (h)  This subsection does not limit the authority of a

 4  local government to grant or deny a development permit or its

 5  functional equivalent prior to the implementation of school

 6  concurrency.

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

 8  established under a local government comprehensive plan in

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

10  local comprehensive plan assigns secondary priority to vehicle

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

12  and attractive pedestrian environment, with convenient

13  interconnection to transit. Such districts must incorporate

14  community design features that will reduce the number of

15  automobile trips or vehicle miles of travel and will support

16  an integrated, multimodal transportation system. Prior to the

17  designation of multimodal transportation districts, the

18  Department of Transportation shall be consulted by the local

19  government to assess the impact that the proposed multimodal

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

21  service standards established for Strategic Intermodal System

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

23  government shall, in cooperation with the Department of

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

25  Strategic Intermodal System, including the development of a

26  long-term concurrency management system pursuant to ss.

27  163.3177(3)(d) and 163.3180(9). Multimodal transportation

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

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

30  the time of the comprehensive plan update pursuant to the

31  evaluation and appraisal report, whichever occurs last.

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (b)  Community design elements of such a district

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

 3  educational, recreational, and cultural uses; interconnected

 4  networks of streets designed to encourage walking and

 5  bicycling, with traffic-calming where desirable; appropriate

 6  densities and intensities of use within walking distance of

 7  transit stops; daily activities within walking distance of

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

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

10  and attractive for the pedestrian, with adjoining buildings

11  open to the street and with parking not interfering with

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

13         (c)  Local governments may establish multimodal

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

15  modes of transportation within the district, when justified by

16  an analysis demonstrating that the existing and planned

17  community design will provide an adequate level of mobility

18  within the district based upon professionally accepted

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

20  take into consideration the impact on the Florida Intrastate

21  Highway System. The analysis must also demonstrate that the

22  capital improvements required to promote community design are

23  financially feasible over the development or redevelopment

24  timeframe for the district and that community design features

25  within the district provide convenient interconnection for a

26  multimodal transportation system.  Local governments may issue

27  development permits in reliance upon all planned community

28  design capital improvements that are financially feasible over

29  the development or redevelopment timeframe for the district,

30  without regard to the period of time between development or

31  redevelopment and the scheduled construction of the capital

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  improvements.  A determination of financial feasibility shall

 2  be based upon currently available funding or funding sources

 3  that could reasonably be expected to become available over the

 4  planning period.

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

 6  access fees for development within multimodal transportation

 7  districts based on the reduction of vehicle trips per

 8  household or vehicle miles of travel expected from the

 9  development pattern planned for the district.

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

11  alternative method by which the impacts of development can be

12  mitigated by the cooperative efforts of the public and private

13  sector with respect to transportation, including transit where

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

15  methodology used to calculate proportionate share

16  contributions must ensure that a development is only assessed

17  to fund improvements to facilities or services that are

18  reasonably attributable to the impacts of such development.

19         (a)  A local government shall specifically authorize in

20  its comprehensive plan proportionate fair-share mitigation to

21  satisfy concurrency requirements applicable to transportation,

22  parks and recreation, and public schools.

23         (b)  A local government's land development regulations

24  must include methodologies that will be applied to calculate

25  proportionate fair-share mitigation for individual projects.

26  These methodologies must ensure that proportionate fair-share

27  mitigation not exceed the mitigation required to mitigate

28  impacts reasonably attributable to the impacts of a particular

29  project.

30         (c)  Proportionate fair-share mitigation shall include,

31  without limitation, separately or collectively, cash payments,

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  contribution of land, and construction and contribution of

 2  facilities.

 3         (d)  A local government may impose proportionate

 4  fair-share mitigation on projects prior to a failure of the

 5  facility to meet established levels of service. However, to

 6  the maximum extent feasible, such mitigation shall be applied

 7  to an impacted facility commensurate to the degree of impact

 8  to the facility.

 9         (e)  Proportionate fair-share mitigation must be

10  applied by the local government to mitigate impacts reasonably

11  attributable to a project. The timing for application of

12  mitigation and the methods by which it will be applied to

13  concurrency requirements shall be established in the local

14  plan amendment referenced in paragraph (a) and shall be

15  consistent with the capital improvements element of the local

16  plan.

17         (f)  Mitigation for development impacts to facilities

18  on the Strategic Intermodal System or other facilities by the

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

20  standard established by the Department of Transportation,

21  shall require the concurrence of the Department of

22  Transportation.

23         (g)  By December 1, 2006, each local government shall

24  adopt by ordinance a transportation concurrency management

25  system that shall include a methodology for assessing

26  proportionate fair-share mitigation options. By December 1,

27  2005, the Department of Transportation shall develop a model

28  transportation concurrency management ordinance with

29  methodologies for assessing proportionate fair-share

30  mitigation options.

31  

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (h)  Mitigation for development impacts to public

 2  schools shall require the concurrence of the local school

 3  board pursuant to subsection (13).

 4         (i)  Each school district shall adopt by resolution

 5  methodologies for determining proportionate fair-share

 6  mitigation for public schools within a district. Once adopted,

 7  local governments shall apply these methodologies for public

 8  school facilities as part of a proportionate fair-share

 9  mitigation agreement or development order for the project.

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

11  163.3184, Florida Statutes, to read:

12         163.3184  Process for adoption of comprehensive plan or

13  plan amendment.--

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

15  vision and urban service boundary under s. 163.31773(13) and

16  (14) may adopt a plan amendment related to map amendments

17  solely to property within an urban service boundary in the

18  manner described in subsections (1), (2), (7), (14), (15), and

19  (16) and s. 163.3187(1)(c)1.d. and e., 2., and 3., such that

20  state and regional agency review is eliminated. The department

21  may not issue an objections, recommendations, and comments

22  report on proposed plan amendments or a notice of intent on

23  adopted plan amendments; however, affected persons, as defined

24  by paragraph (1)(a), may file a petition for administrative

25  review pursuant to the requirements of s. 163.3187(3)(a) to

26  challenge the compliance of an adopted plan amendment.  This

27  subsection does not apply to a text change to the goals,

28  policies, or objectives of the local government's

29  comprehensive plan. Amendments submitted under this subsection

30  are exempt from the limitation on the frequency of plan

31  amendments in s. 163.3187.

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  163.3191, Florida Statutes, are amended to read:

 3         163.3191  Evaluation and appraisal of comprehensive

 4  plan.--

 5         (2)  The report shall present an evaluation and

 6  assessment of the comprehensive plan and shall contain

 7  appropriate statements to update the comprehensive plan,

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

 9  other media, related to:

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

11  including annexation, since the adoption of the original plan

12  or the most recent update amendments.

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

14         (c)  The financial feasibility of implementing the

15  comprehensive plan and of providing needed infrastructure to

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

17  sustain concurrency management systems through the capital

18  improvements element, as well as the ability to address

19  infrastructure backlogs and meet the demands of growth on

20  public services and facilities.

21         (d)  The location of existing development in relation

22  to the location of development as anticipated in the original

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

24  and appraisal report update amendments, such as within areas

25  designated for urban growth.

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

27  jurisdiction and, where pertinent, the potential social,

28  economic, and environmental impacts.

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

30  the requirements of this part, the minimum criteria contained

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

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  appropriate strategic regional policy plan since the adoption

 2  of the original plan or the most recent evaluation and

 3  appraisal report update amendments.

 4         (g)  An assessment of whether the plan objectives

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

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

 7  identification as to whether unforeseen or unanticipated

 8  changes in circumstances have resulted in problems or

 9  opportunities with respect to major issues identified in each

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

11  the issue.

12         (h)  A brief assessment of successes and shortcomings

13  related to each element of the plan.

14         (i)  The identification of any actions or corrective

15  measures, including whether plan amendments are anticipated to

16  address the major issues identified and analyzed in the

17  report.  Such identification shall include, as appropriate,

18  new population projections, new revised planning timeframes, a

19  revised future conditions map or map series, an updated

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

21  objectives, and policies for major issues identified within

22  each element.  This paragraph shall not require the submittal

23  of the plan amendments with the evaluation and appraisal

24  report.

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

26  activities undertaken by the local government in preparing the

27  report.

28         (k)  The coordination of the comprehensive plan with

29  existing public schools and those identified in the applicable

30  educational facilities plan adopted pursuant to s. 1013.35.

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

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  associated planned residential development with public schools

 3  and their capacities, as well as the joint decisionmaking

 4  processes engaged in by the local government and the school

 5  board in regard to establishing appropriate population

 6  projections and the planning and siting of public school

 7  facilities. For those counties or municipalities that do not

 8  have a public schools interlocal agreement or public school

 9  facility element, the assessment shall determine whether the

10  local government continues to meet the criteria of s.

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

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

13  concurrency goals, objectives, and policies in its plan

14  amendments pursuant to the requirements of the public school

15  facility element, and enter into the existing interlocal

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

17  order to fully participate in the school concurrency system.

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

19  demonstrate that they are not relevant.

20         (l)  The extent to which the local government has been

21  successful in identifying alternative water supply projects

22  and traditional water supply projects, including conservation

23  and reuse, necessary to meet the water needs identified in s.

24  373.0361(2)(a) within the local government's jurisdiction. The

25  report must evaluate the degree to which the local government

26  has implemented the work plan for building public, private,

27  and regional water supply facilities, including development of

28  alternative water supplies, The evaluation must consider the

29  appropriate water management district's regional water supply

30  plan approved pursuant to s. 373.0361. The potable water

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

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  facilities that are identified in the element as necessary to

 3  serve existing and new development and for which the local

 4  government is responsible.

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

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

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

 8  property rights of current residents when redevelopment

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

10  a natural disaster. The property rights of current residents

11  shall be balanced with public safety considerations. The local

12  government must identify strategies to address redevelopment

13  feasibility and the property rights of affected residents.

14  These strategies may include the authorization of

15  redevelopment up to the actual built density in existence on

16  the property prior to the natural disaster or redevelopment.

17         (n)  An assessment of whether the criteria adopted

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

19  compatibility with military installations.

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

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

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

23  multimodal transportation district designated pursuant to s.

24  163.3180(15) has achieved the purpose for which it was created

25  and otherwise complies with the provisions of s. 163.3180.

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

27  needed to develop a common methodology for measuring impacts

28  on transportation facilities for the purpose of implementing

29  its concurrency management system in coordination with the

30  municipalities and counties, as appropriate pursuant to s.

31  163.3180(10).

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (10)  The governing body shall amend its comprehensive

 2  plan based on the recommendations in the report and shall

 3  update the comprehensive plan based on the components of

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

 5  163.3187, and 163.3189.  Amendments to update a comprehensive

 6  plan based on the evaluation and appraisal report shall be

 7  adopted during a single amendment cycle within 18 months after

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

 9  planning agency, except the state land planning agency may

10  grant an extension for adoption of a portion of such

11  amendments.  The state land planning agency may grant a

12  6-month extension for the adoption of such amendments if the

13  request is justified by good and sufficient cause as

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

15  granted if the request will result in greater coordination

16  between transportation and land use, for the purposes of

17  improving Florida's transportation system, as determined by

18  the agency in coordination with the Metropolitan Planning

19  Organization program.  Failure to timely adopt update

20  amendments to the comprehensive plan based on the evaluation

21  and appraisal report shall result in a local government being

22  prohibited from adopting amendments to the comprehensive plan

23  until the evaluation and appraisal report update amendments

24  have been adopted and transmitted to the state land planning

25  agency. The prohibition on plan amendments shall commence when

26  the update amendments to the comprehensive plan are past due.

27  The comprehensive plan as amended shall be in compliance as

28  defined in s. 163.3184(1)(b). Within 6 months after the

29  effective date of the update amendments to the comprehensive

30  plan, the local government shall provide to the state land

31  

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  planning agency and to all agencies designated by rule a

 2  complete copy of the updated comprehensive plan.

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

 4  (2), (3), and (6) of section 212.055, Florida Statutes, are

 5  amended to read:

 6         212.055  Discretionary sales surtaxes; legislative

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

 8  legislative intent that any authorization for imposition of a

 9  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

16  be expended; and such other requirements as the Legislature

17  may provide.  Taxable transactions and administrative

18  procedures shall be as provided in s. 212.054.

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

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

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

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

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

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

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

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

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

28  noncharter county or a charter county has updated its capital

29  improvements element no earlier than 2005 and if its

30  comprehensive plan has been determined to be in compliance,

31  the noncharter county or charter county may levy a

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  discretionary sales surtax pursuant to this subsection by

 2  majority vote of the membership of its governing body or

 3  subject to a referendum. The use of the proceeds of the surtax

 4  shall be used by the county subject to the provisions of

 5  subparagraph (d)5. Surtaxes imposed by majority vote must be

 6  used to supplement, not supplant, existing infrastructure

 7  funding. A charter county may levy a surtax under both this

 8  subparagraph and subparagraph 1. for a combined rate up to 1

 9  percent.

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

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

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

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

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

15  the governing body.

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

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

18  combination the county commission deems appropriate:

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

20  be used for the purposes of development, construction,

21  equipment, maintenance, operation, supportive services,

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

23  fixed guideway rapid transit system;

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

25  expressway or transportation authority created by law to be

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

27  development, construction, operation, or maintenance of roads

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

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

30  existing bonds issued for the construction of such roads or

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

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  proceeds may be pledged for bonds issued to refinance existing

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

 3  or bridges;

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

 5  construction, operation, and maintenance of roads and bridges

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

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

 8  principal and interest on bonds issued for the construction of

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

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

11  body of the county for bonds issued to refinance existing

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

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

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

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

16  development, construction, operation, and maintenance of roads

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

18  expansion, operation, and maintenance of bus and fixed

19  guideway systems; and for the payment of principal and

20  interest on bonds issued for the construction of fixed

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

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

23  body of the county for bonds issued to refinance existing

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

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

26  bridges. Pursuant to an interlocal agreement entered into

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

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

29  or an expressway or transportation authority created by law to

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

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

                                  62

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  no interlocal agreement with a municipality, distribution of

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

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

 4  218.62.

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

 6  transportation projects identified in a regional

 7  transportation plan developed in accordance with s.

 8  339.155(c), (d), and (e), and capital funding for projects

 9  under the New Starts Transit Program specified in s. 341.051.

10  Projects to be funded shall be in compliance with part II of

11  chapter 163 after the effective date of this act or to

12  implement a long-term concurrency management system adopted by

13  a local government in accordance with s. 163.3177(3) or (9).

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

15  supplement, not supplant, existing infrastructure funding. In

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

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

18         1.  An advisory board must be created to make

19  recommendations to the board of county commissioners regarding

20  infrastructure projects to address the needs of the community.

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

22  advisory board who represent the diversity of the community

23  and shall include individuals having an interest in business,

24  finance and accounting, economic development, the environment,

25  transportation, municipal government, education, and public

26  safety and growth management professionals. Based on the

27  estimated amount of the surtax collections, the advisory board

28  must conduct at least two public workshops to develop a

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

30  existing infrastructure deficits identified in a long-term

31  concurrency management system adopted by a local government in

                                  63

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  capital improvements element. A quorum shall consist of a

 3  majority of the advisory board members and is necessary to

 4  take any action regarding recommendations to the governing

 5  board of the local government. The board of county

 6  commissioners shall provide staff support to the advisory

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

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

 9         2.  After the advisory board submits the project list

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

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

12  of the intent to add additional projects or remove projects

13  recommended by the advisory board. Actions to amend the

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

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

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

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

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

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

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

21  the recommended project list, it may adopt the proposed

22  project list at a public meeting following public notice of

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

24         4.  The capital improvements schedule of the local

25  government comprehensive plan shall be updated to reflect the

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

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

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

29  ordinance. The board of county commissioners shall conduct a

30  public hearing to allow for public input on the proposed

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

                                  64

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  adopted.

 3         6.  Once the ordinance adopting the surtax has been

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

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

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

 7  removing projects from the list. The board of county

 8  commissioners must take public testimony on the proposal.

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

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

11  subsequent noticed public meeting that must be held at least

12  14 days after the meeting at which the proposed changes to the

13  project list were discussed.

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

15  monitor the expenditure of the tax proceeds and shall hold

16  semiannual meetings. The advisory board shall also monitor

17  whether the county has maintained or increased the level of

18  infrastructure expenditures over the previous 5 years.

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

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

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

22  Municipalities within a charter county that levies the surtax

23  by majority vote may not receive surtax proceeds unless they

24  have also completed these requirements. Surtax proceeds may

25  only be expended within an urban service boundary.

26         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

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

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

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

30  majority of the members of the county governing authority or

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

                                  65

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

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

 3  population adopt uniform resolutions establishing the rate of

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

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

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

 7  county voting in the referendum on the surtax.

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

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

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

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

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

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

14  county voting in a referendum on the surtax.

15         (b)  A statement which includes a brief general

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

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

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

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

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

21  municipalities representing a majority of the county's

22  population adopt uniform resolutions calling for a referendum

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

24  ballot:

25  

26        ....FOR the               ....-cent sales tax

27        ....AGAINST the           ....-cent sales tax

28  

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

30  surtax levied under this subsection shall be distributed to

31  

                                  66

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  the county and the municipalities within such 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 must take effect on the

14  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.  The proceeds of the surtax authorized by this

18  subsection and any interest accrued thereto shall be expended

19  by the school district or within the county and municipalities

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

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

22  construct infrastructure and to acquire land for public

23  recreation or conservation or protection of natural resources

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

25  owned solid waste landfills that are already closed or are

26  required to close by order of the Department of Environmental

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

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

29  Neither the proceeds nor any interest accrued thereto shall be

30  used for operational expenses of any infrastructure, except

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

                                  67

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  Environmental Protection may use the proceeds or any interest

 3  accrued thereto for long-term maintenance costs associated

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

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

 6  any interest accrued thereto to retire or service indebtedness

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

 8  infrastructure purposes, and for bonds subsequently issued to

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

10  purposes of retiring or servicing indebtedness incurred for

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

12         2.  For the purposes of this paragraph,

13  "infrastructure" means:

14         a.  Any fixed capital expenditure or fixed capital

15  outlay associated with the construction, reconstruction, or

16  improvement of public facilities which have a life expectancy

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

18  design, and engineering costs related thereto.

19         b.  A fire department vehicle, an emergency medical

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

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

22  necessary to outfit the vehicle for its official use or

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

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

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

26  facilities as defined in s. 29.008.

27         3.  Notwithstanding any other provision of this

28  subsection, a discretionary sales surtax imposed or extended

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

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

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

                                  68

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  economic development projects of a general public purpose

 3  targeted to improve local economies, including the funding of

 4  operational costs and incentives related to such economic

 5  development. The ballot statement must indicate the intention

 6  to make an allocation under the authority of this

 7  subparagraph.

 8         (e)  School districts, counties, and municipalities

 9  receiving proceeds under the provisions of this subsection may

10  pledge such proceeds for the purpose of servicing new bond

11  indebtedness incurred pursuant to law. Local governments may

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

13  Board of Administration pursuant to the State Bond Act to

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

15  no case may a jurisdiction issue bonds pursuant to this

16  subsection more frequently than once per year. Counties and

17  municipalities may join together for the issuance of bonds

18  authorized by this subsection.

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

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

21  designated as an area of critical state concern on the

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

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

24  for any public purpose if:

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

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

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

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

29  ordinance pursuant to the procedure provided in s. 125.66

30  authorizing additional uses of the surtax proceeds and

31  interest.

                                  69

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

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

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

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

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

 6  surtax for any purpose other than an infrastructure purpose

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

 8  comprehensive plan has been determined to be in compliance

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

10  an amendment to its surtax ordinance or resolution pursuant to

11  the procedure provided in s. 166.041 authorizing additional

12  uses of the surtax proceeds and interest.  Such municipality

13  may expend the surtax proceeds and interest for any public

14  purpose authorized in the amendment.

15         3.  Those counties designated as an area of critical

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

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

18  for any public purpose other than for infrastructure purposes

19  authorized by this section.

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

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

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

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

24  which an infrastructure surtax referendum is placed before the

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

26  the proceeds and interest of the surtax for operation and

27  maintenance of parks and recreation programs and facilities

28  established with the proceeds of the surtax throughout the

29  duration of the surtax levy or while interest earnings

30  accruing from the proceeds of the surtax are available for

31  such use, whichever period is longer.

                                  70

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (h)  Notwithstanding any other provision of this

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

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

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

 5  small county, as defined in paragraph (3)(a), may levy the

 6  local option sales surtax authorized in this subsection and

 7  subsection (3) for a combined rate of up to 2 percent.

 8  Surtaxes imposed by majority vote must be used to supplement,

 9  not supplant, existing infrastructure funding. In order to

10  impose the surtax by a majority vote of the governing body,

11  the county must go through the following process:

12         1.  An advisory board must be created to make

13  recommendations to the board of county commissioners regarding

14  infrastructure projects to address the needs of the community.

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

16  advisory board who represent the diversity of the community

17  and shall include individuals having an interest in business,

18  economic development, the environment, transportation,

19  municipal government, education, and public safety and growth

20  management professionals. Based on the estimated amount of the

21  surtax collections, the advisory board must conduct at least

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

23  be given to projects that address existing infrastructure

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

25  board members and is necessary to take any action regarding

26  recommendations to the governing board of the local

27  government. The board of county commissioners shall provide

28  staff support to the advisory board. All advisory board

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

30  shall be available to the public.

31  

                                  71

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         2.  After the advisory board submits the project list

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

 3  board of county commissioners. 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 may not be approved at the same

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

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

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

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

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

13  the recommended project list, it may adopt the proposed

14  project list at a public meeting following public notice of

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

16         4.  The capital improvement schedule of the local

17  government comprehensive plan shall be updated to reflect the

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

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

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

21  ordinance. The board of county commissioners shall conduct a

22  public hearing to allow for public input on the proposed

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

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

25  adopted.

26         6.  Once the ordinance adopting the surtax has been

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

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

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

30  removing projects from the list. The board of county

31  commissioners must take public testimony on the proposal.

                                  72

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

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

 3  subsequent noticed public meeting that must be held at least

 4  14 days after the meeting at which the proposed changes to the

 5  project list were discussed.

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

 7  monitor the expenditure of the tax proceeds and shall hold

 8  semiannual meetings. The advisory board shall also monitor

 9  whether the county has maintained or increased the level of

10  infrastructure expenditures over the previous 5 years.

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

12  of the governing body unless it has established an urban

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

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

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

16  not receive surtax proceeds unless they have also completed

17  these requirements. Surtax proceeds may only be expended

18  within an urban service boundary.

19         (3)  SMALL COUNTY SURTAX.--

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

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

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

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

24  an extraordinary vote of the members of the county governing

25  authority if the surtax revenues are expended for operating

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

27  of servicing bond indebtedness, the surtax shall be approved

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

29  referendum on the surtax.

30         (b)  A statement that includes a brief general

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

                                  73

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  the ballot by the governing authority of any county that

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

 4  the surtax for the purpose of servicing bond indebtedness.

 5  The following question shall be placed on the ballot:

 6  

 7        ....FOR the               ....-cent sales tax

 8        ....AGAINST the           ....-cent sales tax

 9  

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

11  surtax levied under this subsection shall be distributed to

12  the county and the municipalities within the county in which

13  the surtax was collected, according to:

14         1.  An interlocal agreement between the county

15  governing authority and the governing bodies of the

16  municipalities representing a majority of the county's

17  municipal population, which agreement may include a school

18  district with the consent of the county governing authority

19  and the governing bodies of the municipalities representing a

20  majority of the county's municipal population; or

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

22  the formula provided in s. 218.62.

23  

24  Any change in the distribution formula shall take effect on

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

26  written notification of that change has been made to the

27  department.

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

29  referendum, the proceeds of the surtax and any interest

30  accrued thereto may be expended by the school district or

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

                                  74

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  the case of a negotiated joint county agreement, within

 2  another county, for the purpose of servicing bond indebtedness

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

 4  land for public recreation or conservation or protection of

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

 6  to an ordinance approved by an extraordinary vote of the

 7  members of the county governing authority, the proceeds and

 8  any interest accrued thereto may be used for operational

 9  expenses of any infrastructure or for any public purpose

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

11         2.  For the purposes of this paragraph,

12  "infrastructure" means any fixed capital expenditure or fixed

13  capital costs associated with the construction,

14  reconstruction, or improvement of public facilities that have

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

16  land improvement, design, and engineering costs related

17  thereto.

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

19  receives proceeds under this subsection following a referendum

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

21  indebtedness incurred pursuant to law. Local governments may

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

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

24  of this subsection.  A jurisdiction may not issue bonds

25  pursuant to this subsection more frequently than once per

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

27  bonds authorized by this subsection.

28         (f)  Notwithstanding any other provision of this

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

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

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

                                  75

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

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

 3  to resolution conditioned to take effect only upon approval by

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

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

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

 7  percent.

 8         (b)  The resolution shall include a statement that

 9  provides a brief and general description of the school capital

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

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

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

13  following question shall be placed on the ballot:

14  

15        ....FOR THE               ....CENTS TAX

16        ....AGAINST THE           ....CENTS TAX

17  

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

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

20  for fixed capital expenditures or fixed capital costs

21  associated with the construction, reconstruction, or

22  improvement of school facilities and campuses which have a

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

24  acquisition, land improvement, design, and engineering costs

25  related thereto. Additionally, the plan shall include the

26  costs of retrofitting and providing for technology

27  implementation, including hardware and software, for the

28  various sites within the school district.  Surtax revenues may

29  be used for the purpose of servicing bond indebtedness to

30  finance projects authorized by this subsection, and any

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

                                  76

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  accrued thereto shall be used for operational expenses.

 3         (d)  Any school board receiving proceeds from imposing

 4  the surtax shall implement a freeze on noncapital local school

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

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

 7  3 years from the date of imposition of the surtax.  This

 8  provision shall not apply to existing debt service or required

 9  state taxes.

10         (e)  Surtax revenues collected by the Department of

11  Revenue pursuant to this subsection shall be distributed to

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

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

14  supplement, not supplant, existing school capital outlay

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

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

17  process:

18         1.  An advisory board must be created to make

19  recommendations to the school board regarding the use of the

20  surtax proceeds for fixed capital expenditures or fixed

21  capital costs associated with the construction,

22  reconstruction, or improvement of school facilities and

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

24  and any land acquisition, land improvement, design, and

25  engineering costs related thereto. The school board shall

26  appoint members to the advisory board who represent the

27  diversity of the community and shall include individuals with

28  an interest in business, economic development, the

29  environment, municipal government, education, and public

30  safety and growth management professionals. Based on the

31  estimated amount of the surtax collections, the advisory board

                                  77

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  will conduct at least two public workshops to develop a

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

 3  advisory board members and is necessary to take any action

 4  regarding recommendations to the school board. The school

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

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

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

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

 9  school board must adopt or amend the project list by

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

11  county commissioners.

12         2.  After the advisory board submits the project list

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

14  only in the following fashion. A public notice must be given

15  of the intent to add additional projects or remove projects

16  recommended by the advisory board.  Actions to amend the

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

18  amended, the project list must be approved at a subsequent

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

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

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

22  the meeting at which the list was amended.

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

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

25  public meeting following public notice of the intent to adopt

26  the recommendations of the advisory board.

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

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

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

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

31  

                                  78

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  resolution for the surtax and adopting the project list may

 2  not be accomplished at the same meeting.

 3         5.  Once the resolution adopting the surtax has been

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

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

 6  hold a public hearing to discuss adding or removing projects

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

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

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

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

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

12  changes to the project list were discussed.

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

14  monitor the expenditure of the tax proceeds and shall hold

15  semiannual meetings. The advisory board shall also monitor

16  whether the school board has maintained or increased the level

17  of school capital outlay expenditures over the previous 5

18  years.

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

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

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

22  of educational facilities and may not exceed the maximum

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

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

25  Statutes, is amended to read:

26         206.41  State taxes imposed on motor fuel.--

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

28  under the circumstances described in subsection (6):

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

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

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

                                  79

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  9(c), Art. XII of the 1968 State Constitution, as amended,

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

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

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

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

 6  for the purposes described in s. 206.60.

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

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

 9  used for the purposes described in s. 206.605.

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

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

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

13  levied and used as provided in s. 336.021.

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

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

16  shall be adjusted by the percentage change in the average

17  consumer price index issued by the United States Department of

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

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

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

21  cent.

22         3.  The department shall notify each terminal supplier,

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

24  applicable under this paragraph for the 12-month period

25  beginning January 1.

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

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

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

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

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

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

                                  80

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  shall be adjusted by the percentage change in the average

 2  consumer price index issued by the United States Department of

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

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

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

 6  cent.

 7         3.  The department shall notify each terminal supplier,

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

 9  applicable under this paragraph for the 12-month period

10  beginning January 1.

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

12  Comprehensive Enhanced Transportation System Tax is imposed on

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

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

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

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

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

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

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

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

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

22  the Consumer Price Index issued by the United States

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

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

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

26  rounded to the nearest tenth of a cent.

27         4.  The department shall notify each terminal supplier,

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

29  applicable under this paragraph for the 12-month period

30  beginning January 1.

31  

                                  81

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

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

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

 4  determined pursuant to this paragraph. Before January 1 of

 5  1997, and of each year thereafter, the department shall

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

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

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

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

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

11  the United States Department of Labor for the most recent

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

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

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

15  than 6.9 cents per gallon.

16         2.  The department is authorized to adopt rules and

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

18  this paragraph.

19         3.  The department shall notify each terminal supplier,

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

21  applicable under this paragraph for the 12-month period

22  beginning January 1.

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

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

25  amended to read:

26         336.021  County transportation system; levy of

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

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

29  extraordinary vote of the membership of its governing body or

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

31  206.41(1)(d) and 206.87(1)(b). County and municipal

                                  82

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  governments may use the moneys received under this paragraph

 2  only for transportation expenditures as defined in s.

 3  336.025(7). A county may not levy this surtax by majority vote

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

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

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

 7  proceeds unless they have also completed this requirement.

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

 9  336.025, Florida Statutes, is amended to read:

10         336.025  County transportation system; levy of local

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

12         (1)

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

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

15  3-cent, 4-cent, or 5-cent local option fuel tax upon every

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

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

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

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

20  by referendum.

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

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

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

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

25  year may be reimposed at the current authorized rate effective

26  September 1 of the year of expiration.

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

28  by interlocal agreement with one or more municipalities

29  located therein, representing a majority of the population of

30  the incorporated area within the county, a distribution

31  formula for dividing the entire proceeds of the tax among

                                  83

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  county government and all eligible municipalities within the

 2  county. If no interlocal agreement is adopted before the

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

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

 5  agreement exists, a new interlocal agreement may be

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

 7  subparagraph. However, any interlocal agreement agreed to

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

 9  change in the tax rate authorized in this section shall under

10  no circumstances materially or adversely affect the rights of

11  holders of outstanding bonds which are backed by taxes

12  authorized by this paragraph, and the amounts distributed to

13  the county government and each municipality shall not be

14  reduced below the amount necessary for the payment of

15  principal and interest and reserves for principal and interest

16  as required under the covenants of any bond resolution

17  outstanding on the date of establishment of the new interlocal

18  agreement.

19         3.  County and municipal governments shall use moneys

20  received pursuant to this paragraph for transportation

21  expenditures needed to meet the requirements of the capital

22  improvements element of an adopted comprehensive plan or for

23  expenditures needed to meet immediate local transportation

24  problems and for other transportation-related expenditures

25  that are critical for building comprehensive roadway networks

26  by local governments. For purposes of this paragraph,

27  expenditures for the construction of new roads, the

28  reconstruction or resurfacing of existing paved roads, or the

29  paving of existing graded roads shall be deemed to increase

30  capacity and such projects shall be included in the capital

31  improvements element of an adopted comprehensive plan.

                                  84

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  Expenditures for purposes of this paragraph shall not include

 2  routine maintenance of roads.

 3         4.  A county may not levy this surtax by majority vote

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

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

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

 7  proceeds unless they have also completed this requirement.

 8         Section 12.  Paragraph (b) of subsection (4) of section

 9  339.135, Florida Statutes, is amended to read:

10         339.135  Work program; legislative budget request;

11  definitions; preparation, adoption, execution, and

12  amendment.--

13         (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--

14         (b)1.  A tentative work program, including the ensuing

15  fiscal year and the successive 4 fiscal years, shall be

16  prepared for the State Transportation Trust Fund and other

17  funds managed by the department, unless otherwise provided by

18  law.  The tentative work program shall be based on the

19  district work programs and shall set forth all projects by

20  phase to be undertaken during the ensuing fiscal year and

21  planned for the successive 4 fiscal years. The total amount of

22  the liabilities accruing in each fiscal year of the tentative

23  work program may not exceed the revenues available for

24  expenditure during the respective fiscal year based on the

25  cash forecast for that respective fiscal year.

26         2.  The tentative work program shall be developed in

27  accordance with the Florida Transportation Plan required in s.

28  339.155 and must comply with the program funding levels

29  contained in the program and resource plan.

30         3.  The department may include in the tentative work

31  program proposed changes to the programs contained in the

                                  85

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  previous work program adopted pursuant to subsection (5);

 2  however, the department shall minimize changes and adjustments

 3  that affect the scheduling of project phases in the 4 common

 4  fiscal years contained in the previous adopted work program

 5  and the tentative work program.  The department, in the

 6  development of the tentative work program, shall advance by 1

 7  fiscal year all projects included in the second year of the

 8  previous year's adopted work program, unless the secretary

 9  specifically determines that it is necessary, for specific

10  reasons, to reschedule or delete one or more projects from

11  that year.  Such changes and adjustments shall be clearly

12  identified, and the effect on the 4 common fiscal years

13  contained in the previous adopted work program and the

14  tentative work program shall be shown.  It is the intent of

15  the Legislature that the first 5 years of the adopted work

16  program for facilities designated as part of the Florida

17  Intrastate Highway System and the first 3 years of the adopted

18  work program stand as the commitment of the state to undertake

19  transportation projects that local governments may rely on for

20  planning and concurrency purposes and in the development and

21  amendment of the capital improvements elements of their local

22  government comprehensive plans.

23         4.  The tentative work program must include a balanced

24  36-month forecast of cash and expenditures and a 5-year

25  finance plan supporting the tentative work program.

26         Section 13.  The Office of Program Policy Analysis and

27  Government Accountability shall perform a study on adjustments

28  to the boundaries of Florida Regional Planning Councils,

29  Florida Water Management Districts, and Department of

30  Transportation Districts. The purpose of this study is to

31  organize these regional boundaries to be more coterminous with

                                  86

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  one another, creating a more unified system of regional

 2  boundaries. This study must be completed by December 31, 2005,

 3  and submitted to the President of the Senate, the Speaker of

 4  the House of Representatives, and the Governor by January 15,

 5  2006.

 6         Section 14.  Section 163.3247, Florida Statutes, is

 7  created to read:

 8         163.3247  Century Commission.--

 9         (1)  POPULAR NAME.--This section may be cited as the

10  "Century Commission Act."

11         (2)  FINDINGS AND INTENT.--The Legislature finds and

12  declares that the population of this state is expected to more

13  than double over the next 100 years, with commensurate impacts

14  to the state's natural resources and public infrastructure.

15  Consequently, it is in the best interests of the people of the

16  state to ensure sound planning for the proper placement of

17  this growth and protection of the state's land, water, and

18  other natural resources since such resources are essential to

19  our collective quality of life and a strong economy. The

20  state's growth management system should foster economic

21  stability through regional solutions and strategies, urban

22  renewal and infill, and the continued viability of

23  agricultural economies, while allowing for rural economic

24  development and protecting the unique characteristics of rural

25  areas, and should reduce the complexity of the regulatory

26  process while carrying out the intent of the laws and

27  encouraging greater citizen participation.

28         (3)  CENTURY COMMISSION; CREATION; ORGANIZATION.--The

29  Century Commission is created as a standing body to help the

30  citizens of this state envision and plan their collective

31  future with an eye towards both 25-year and 50-year horizons.

                                  87

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (a)  The 21-member commission shall be appointed by the

 2  Governor. Four members shall be members of the Legislature who

 3  shall be appointed with the advice and consultation of the

 4  President of the Senate and the Speaker of the House of

 5  Representatives. The Secretary of Community Affairs, the

 6  Commissioner of Agriculture, the Secretary of Transportation,

 7  the Secretary of Environmental Protection, and the Executive

 8  Director of the Fish and Wildlife Conservation Commission, or

 9  their designees, shall also serve as voting members. The other

10  12 appointments shall reflect the diversity of this state's

11  citizens, and must include individuals representing each of

12  the following interests: growth management, business and

13  economic development, environmental protection, agriculture,

14  municipal governments, county governments, regional planning

15  entities, education, public safety, planning professionals,

16  transportation planners, and urban infill and redevelopment.

17  One member shall be designated by the Governor as chair of the

18  commission. Any vacancy that occurs on the commission must be

19  filled in the same manner as the original appointment and

20  shall be for the unexpired term of that commission seat.

21  Members shall serve 4-year terms.

22         (b)  The first meeting of the commission shall be held

23  no later than December 1, 2005, and shall meet at the call of

24  the chair but not less frequently than three times per year in

25  different regions of the state to solicit input from the

26  public or any other individuals offering testimony relevant to

27  the issues to be considered.

28         (c)  Each member of the commission is entitled to one

29  vote and action of the commission is not binding unless taken

30  by a three-fifths vote of the members present. A majority of

31  

                                  88

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  the members is required to constitute a quorum, and the

 2  affirmative vote of a quorum is required for a binding vote.

 3         (d)  Members of the commission shall serve without

 4  compensation but shall be entitled to receive per diem and

 5  travel expenses in accordance with s. 112.061 while in

 6  performance of their duties.

 7         (4)  POWERS AND DUTIES.--The commission shall:

 8         (a)  Annually conduct a process through which the

 9  commission envisions the future for the state, and then

10  develops and recommends policies, plans, action steps, or

11  strategies to assist in achieving the vision.

12         (b)  Continuously review and consider statutory and

13  regulatory provisions, governmental processes, and societal

14  and economic trends in its inquiry of how state, regional, and

15  local governments and entities and citizens of this state can

16  best accommodate projected increased populations while

17  maintaining the natural, historical, cultural, and manmade

18  life qualities that best represent the state.

19         (c)  Bring together people representing varied

20  interests to develop a shared image of the state and its

21  developed and natural areas. The process should involve

22  exploring the impact of the estimated population increase and

23  other emerging trends and issues; creating a vision for the

24  future; and developing a strategic action plan to achieve that

25  vision using 25-year and 50-year intermediate planning

26  timeframes.

27         (d)  Focus on essential state interests, defined as

28  those interests that transcend local or regional boundaries

29  and are most appropriately conserved, protected, and promoted

30  at the state level.

31  

                                  89

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (e)  Serve as an objective, nonpartisan repository of

 2  exemplary community-building ideas and as a source to

 3  recommend strategies and practices to assist others in working

 4  collaboratively to solve problems concerning issues relating

 5  to growth management.

 6         (f)  Annually, beginning January 15, 2007, and every

 7  year thereafter on the same date, provide to the Governor, the

 8  President of the Senate, and the Speaker of the House of

 9  Representatives a written report containing specific

10  recommendations for addressing growth management in the state,

11  including executive and legislative recommendations. This

12  report shall be verbally presented to a joint session of both

13  houses annually as scheduled by the President of the Senate

14  and the Speaker of the House of Representatives.

15         (g)  Beginning with the 2007 Regular Session of the

16  Legislature, the President of the Senate and Speaker of the

17  House of Representatives shall create a joint select

18  committee, the task of which shall be to review the findings

19  and recommendations of the Century Commission for potential

20  action.

21         (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--

22         (a)  The Secretary of Community Affairs shall select an

23  executive director of the commission, and the executive

24  director shall serve at the pleasure of the secretary under

25  the supervision and control of the commission.

26         (b)  The Department of Community Affairs shall provide

27  staff and other resources necessary to accomplish the goals of

28  the commission based upon recommendations of the Governor.

29         (c)  All agencies under the control of the Governor are

30  directed, and all other agencies are requested, to render

31  assistance to, and cooperate with, the commission.

                                  90

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         Section 15.  Section 339.2819, Florida Statutes, is

 2  created to read:

 3         339.2819  Transportation Regional Incentive Program.--

 4         (1)  There is created within the Department of

 5  Transportation a Transportation Regional Incentive Program for

 6  the purpose of providing funds to improve regionally

 7  significant transportation facilities in regional

 8  transportation areas created pursuant to s. 339.155(5).

 9         (2)  The percentage of matching funds provided from the

10  Transportation Regional Incentive Program shall be 50 percent

11  of project costs, or up to 50 percent of the nonfederal share

12  of the eligible project cost for a public transportation

13  facility project.

14         (3)  The department shall allocate funding available

15  for the Transportation Regional Incentive Program to the

16  districts based on a factor derived from equal parts of

17  population and motor fuel collections for eligible counties in

18  regional transportation areas created pursuant to s.

19  339.155(5).

20         (4)(a)  Projects to be funded with Transportation

21  Regional Incentive Program funds shall, at a minimum:

22         1.  Support those transportation facilities that serve

23  national, statewide, or regional functions and function as an

24  integrated regional transportation system.

25         2.  Be identified in the capital improvements element

26  of a comprehensive plan that has been determined to be in

27  compliance with part II of chapter 163, after July 1, 2005, or

28  to implement a long-term concurrency management system adopted

29  by a local government in accordance with s. 163.3177(9).

30  Further, the project shall be in compliance with local

31  

                                  91

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  government comprehensive plan policies relative to corridor

 2  management.

 3         3.  Be consistent with the Strategic Intermodal System

 4  Plan developed under s. 339.64.

 5         4.  Have a commitment for local, regional, or private

 6  financial matching funds as a percentage of the overall

 7  project cost.

 8         (b)  In allocating Transportation Regional Incentive

 9  Program funds, priority shall be given to projects that:

10         1.  Provide connectivity to the Strategic Intermodal

11  System developed under s. 339.64.

12         2.  Support economic development and the movement of

13  goods in rural areas of critical economic concern designated

14  under s. 288.0656(7).

15         3.  Are subject to a local ordinance that establishes

16  corridor management techniques, including access management

17  strategies, right-of-way acquisition and protection measures,

18  appropriate land use strategies, zoning, and setback

19  requirements for adjacent land uses.

20         4.  Improve connectivity between military installations

21  and the Strategic Highway Network or the Strategic Rail

22  Corridor Network.

23         Section 16.  Section 337.107, Florida Statutes, is

24  amended to read:

25         337.107  Contracts for right-of-way services.--The

26  department may enter into contracts pursuant to s. 287.055 for

27  right-of-way services on transportation corridors and

28  transportation facilities, or the department may include

29  right-of-way services as part of design-build contracts

30  awarded under s. 337.11. Right-of-way services include

31  negotiation and acquisition services, appraisal services,

                                  92

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  demolition and removal of improvements, and asbestos-abatement

 2  services.

 3         Section 17.  Paragraph (a) of subsection (7) of section

 4  337.11, Florida Statutes, is amended to read:

 5         337.11  Contracting authority of department; bids;

 6  emergency repairs, supplemental agreements, and change orders;

 7  combined design and construction contracts; progress payments;

 8  records; requirements of vehicle registration.--

 9         (7)(a)  If the head of the department determines that

10  it is in the best interests of the public, the department may

11  combine the design and construction phases of any a building,

12  a major bridge, a limited access facility, or a rail corridor

13  project into a single contract, except for a resurfacing or

14  minor bridge project, the design and construction phases of

15  which may be combined under s. 337.025. Such contract is

16  referred to as a design-build contract. Design-build contracts

17  may be advertised and awarded notwithstanding the requirements

18  of paragraph (3)(c). However, construction activities may not

19  begin on any portion of such projects for which the department

20  has not yet obtained until title to the necessary

21  rights-of-way and easements for the construction of that

22  portion of the project has vested in the state or a local

23  governmental entity and all railroad crossing and utility

24  agreements have been executed. Title to rights-of-way shall be

25  deemed to have vested vests in the state when the title has

26  been dedicated to the public or acquired by prescription.

27         Section 18.  Effective July 1, 2007, section 337.107,

28  Florida Statutes, as amended by this act is amended to read:

29         337.107  Contracts for right-of-way services.--The

30  department may enter into contracts pursuant to s. 287.055 for

31  right-of-way services on transportation corridors and

                                  93

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  transportation facilities, or the department may include

 2  right-of-way services as part of design-build contracts

 3  awarded under s. 337.11. Right-of-way services include

 4  negotiation and acquisition services, appraisal services,

 5  demolition and removal of improvements, and asbestos-abatement

 6  services.

 7         Section 19.  Effective July 1, 2007, paragraph (a) of

 8  subsection (7) of section 337.11, Florida Statutes, as amended

 9  by this act, is amended to read:

10         337.11  Contracting authority of department; bids;

11  emergency repairs, supplemental agreements, and change orders;

12  combined design and construction contracts; progress payments;

13  records; requirements of vehicle registration.--

14         (7)(a)  If the head of the department determines that

15  it is in the best interests of the public, the department may

16  combine the design and construction phases of a building, a

17  major bridge, a limited access facility, or a rail corridor

18  any project into a single contract, except for a resurfacing

19  or minor bridge project, the design and construction phase of

20  which may be combined under s. 337.025. Such contract is

21  referred to as a design-build contract. Design-build contracts

22  may be advertised and awarded notwithstanding the requirements

23  of paragraph (3)(c). However, construction activities may not

24  begin on any portion of such projects until for which the

25  department has not yet obtained title to the necessary

26  rights-of-way and easements for the construction of that

27  portion of the project has vested in the state or a local

28  governmental entity and all railroad crossing and utility

29  agreements have been executed. Title to rights-of-way vests

30  shall be deemed to have vested in the state when the title has

31  been dedicated to the public or acquired by prescription.

                                  94

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         Section 20.  Paragraphs (l) and (m) are added to

 2  subsection (24) of section 380.06, Florida Statutes, to read:

 3         380.06  Developments of regional impact.--

 4         (24)  STATUTORY EXEMPTIONS.--

 5         (l)  Any proposed development within an urban service

 6  boundary established under s. 163.3177(14) is exempt from the

 7  provisions of this section if the local government having

 8  jurisdiction over the area where the development is proposed

 9  has adopted the urban service boundary and has entered into a

10  binding agreement with adjacent jurisdictions and the

11  Department of Transportation regarding the mitigation of

12  impacts on state and regional transportation facilities, and

13  has adopted a proportionate share methodology pursuant to s.

14  163.3180(16).

15         (m)  Any proposed development within a rural land

16  stewardship area created under s. 163.3177(11)(d) is exempt

17  from the provisions of this section if the local government

18  that has adopted the rural land stewardship area has entered

19  into a binding agreement with jurisdictions that would be

20  impacted and the Department of Transportation regarding the

21  mitigation of impacts on state and regional transportation

22  facilities, and has adopted a proportionate share methodology

23  pursuant to s. 163.3180(16).

24         Section 21.  Subsections (3), (7), and (8) of section

25  1013.33, Florida Statutes, are amended to read:

26         1013.33  Coordination of planning with local governing

27  bodies.--

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

29  address interlocal-agreement requirements in s.

30  163.3180(13)(g), except for exempt local governments as

31  

                                  95

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




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

 2  issues:

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

 4  district school board agree and base their plans on consistent

 5  projections of the amount, type, and distribution of

 6  population growth and student enrollment. The geographic

 7  distribution of jurisdiction-wide growth forecasts is a major

 8  objective of the process.

 9         (b)  A process to coordinate and share information

10  relating to existing and planned public school facilities,

11  including school renovations and closures, and local

12  government plans for development and redevelopment.

13         (c)  Participation by affected local governments with

14  the district school board in the process of evaluating

15  potential school closures, significant renovations to existing

16  schools, and new school site selection before land

17  acquisition. Local governments shall advise the district

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

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

20  including appropriate circumstances and criteria under which a

21  district school board may request an amendment to the

22  comprehensive plan for school siting.

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

24  of onsite and offsite improvements to support new

25  construction, proposed expansion, or redevelopment of existing

26  schools. The process shall address identification of the party

27  or parties responsible for the improvements.

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

29  government regarding the effect of comprehensive plan

30  amendments on school capacity. The capacity reporting must be

31  consistent with laws and rules regarding measurement of school

                                  96

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  facility capacity and must also identify how the district

 2  school board will meet the public school demand based on the

 3  facilities work program adopted pursuant to s. 1013.35.

 4         (f)  Participation of the local governments in the

 5  preparation of the annual update to the school board's 5-year

 6  district facilities work program and educational plant survey

 7  prepared pursuant to s. 1013.35.

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

 9  of either school board or local government facilities can be

10  shared for mutual benefit and efficiency.

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

12  the district school board and local governments, which may

13  include the dispute resolution processes contained in chapters

14  164 and 186.

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

16  public participation, for the implementation of the interlocal

17  agreement.

18  

19  A signatory to the interlocal agreement may elect not to

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

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

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

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

24  the interlocal agreement. An interlocal agreement entered into

25  pursuant to this section must be consistent with the adopted

26  comprehensive plan and land development regulations of any

27  local government that is a signatory.

28         (7)  Except as provided in subsection (8),

29  municipalities meeting the exemption criteria in s.

30  163.3177(12) having no established need for a new facility and

31  

                                  97

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  meeting the following criteria are exempt from the

 2  requirements of subsections (2), (3), and (4).:

 3         (a)  The municipality has no public schools located

 4  within its boundaries.

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

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

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

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

 9  district school board must verify in writing that no new

10  school facility will be needed in the municipality within the

11  5-year and 10-year timeframes.

12         (8)  At the time of the evaluation and appraisal

13  report, each exempt municipality shall assess the extent to

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

15  163.3177(12) subsection (7). If the municipality continues to

16  meet these criteria and the district school board verifies in

17  writing that no new school facilities will be needed within

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

19  continue to be exempt from the interlocal-agreement

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

21  subsection (7) must comply with the provisions of subsections

22  (2)-(8) within 1 year after the district school board

23  proposes, in its 5-year district facilities work program, a

24  new school within the municipality's jurisdiction.

25         Section 22.  Subsection (2) of section 206.46, Florida

26  Statutes, is amended to read:

27         206.46  State Transportation Trust Fund.--

28         (2)  Notwithstanding any other provisions of law, from

29  the revenues deposited into the State Transportation Trust

30  Fund a maximum of 7 percent in each fiscal year shall be

31  transferred into the Right-of-Way Acquisition and Bridge

                                  98

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  Construction Trust Fund created in s. 215.605, as needed to

 2  meet the requirements of the documents authorizing the bonds

 3  issued or proposed to be issued under ss. 215.605 and 337.276

 4  or at a minimum amount sufficient to pay for the debt service

 5  coverage requirements of outstanding bonds. Notwithstanding

 6  the 7 percent annual transfer authorized in this subsection,

 7  the annual amount transferred under this subsection shall not

 8  exceed an amount necessary to provide the required debt

 9  service coverage levels for a maximum debt service not to

10  exceed $275 $200 million.  Such transfer shall be payable

11  primarily from the motor and diesel fuel taxes transferred to

12  the State Transportation Trust Fund from the Fuel Tax

13  Collection Trust Fund.

14         Section 23.  Subsection (1) of section 339.08, Florida

15  Statutes, is amended to read:

16         339.08  Use of moneys in State Transportation Trust

17  Fund.--

18         (1)  The department shall expend moneys in the State

19  Transportation Trust Fund accruing to the department, in

20  accordance with its annual budget. The use of such moneys

21  shall be restricted to the following purposes:

22         (a)  To pay administrative expenses of the department,

23  including administrative expenses incurred by the several

24  state transportation districts, but excluding administrative

25  expenses of commuter rail authorities that do not operate rail

26  service.

27         (b)  To pay the cost of construction of the State

28  Highway System.

29         (c)  To pay the cost of maintaining the State Highway

30  System.

31  

                                  99

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (d)  To pay the cost of public transportation projects

 2  in accordance with chapter 341 and ss. 332.003-332.007.

 3         (e)  To reimburse counties or municipalities for

 4  expenditures made on projects in the State Highway System as

 5  authorized by s. 339.12(4) upon legislative approval.

 6         (f)  To pay the cost of economic development

 7  transportation projects in accordance with s. 288.063.

 8         (g)  To lend or pay a portion of the operating,

 9  maintenance, and capital costs of a revenue-producing

10  transportation project that is located on the State Highway

11  System or that is demonstrated to relieve traffic congestion

12  on the State Highway System.

13         (h)  To match any federal-aid funds allocated for any

14  other transportation purpose, including funds allocated to

15  projects not located in the State Highway System.

16         (i)  To pay the cost of county road projects selected

17  in accordance with the Small County Road Assistance Program

18  created in s. 339.2816.

19         (j)  To pay the cost of county or municipal road

20  projects selected in accordance with the County Incentive

21  Grant Program created in s. 339.2817 and the Small County

22  Outreach Program created in s. 339.2818.

23         (k)  To provide loans and credit enhancements for use

24  in constructing and improving highway transportation

25  facilities selected in accordance with the state-funded

26  infrastructure bank created in s. 339.55.

27         (l)  To pay the cost of projects on the Florida

28  Strategic Intermodal System created in s. 339.61.

29         (m)  To pay the cost of transportation projects

30  selected in accordance with the Transportation Regional

31  Incentive Program created in s. 339.2819.

                                 100

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (n)(m)  To pay other lawful expenditures of the

 2  department.

 3         Section 24.  Paragraphs (c), (d), and (e) are added to

 4  subsection (5) of section 339.155, Florida Statutes, to read:

 5         339.155  Transportation planning.--

 6         (5)  ADDITIONAL TRANSPORTATION PLANS.--

 7         (c)  Regional transportation plans may be developed in

 8  regional transportation areas in accordance with an interlocal

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

10  contiguous metropolitan planning organizations; one or more

11  metropolitan planning organizations and one or more contiguous

12  counties, none of which is a member of a metropolitan planning

13  organization; a multicounty regional transportation authority

14  created by or pursuant to law; two or more contiguous counties

15  that are not members of a metropolitan planning organization;

16  or metropolitan planning organizations comprised of three or

17  more counties.

18         (d)  The interlocal agreement must, at a minimum,

19  identify the entity that will coordinate the development of

20  the regional transportation plan; delineate the boundaries of

21  the regional transportation area; provide the duration of the

22  agreement and specify how the agreement may be terminated,

23  modified, or rescinded; describe the process by which the

24  regional transportation plan will be developed; and provide

25  how members of the entity will resolve disagreements regarding

26  interpretation of the interlocal agreement or disputes

27  relating to the development or content of the regional

28  transportation plan. Such interlocal agreement shall become

29  effective upon its recordation in the official public records

30  of each county in the regional transportation area.

31  

                                 101

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (e)  The regional transportation plan developed

 2  pursuant to this section must, at a minimum, identify

 3  regionally significant transportation facilities located

 4  within a regional transportation area and contain a

 5  prioritized list of regionally significant projects. The

 6  level-of-service standards for facilities to be funded under

 7  this subsection shall be adopted by the appropriate local

 8  government in accordance with s. 163.3180(10). The projects

 9  shall be adopted into the capital improvements schedule of the

10  local government comprehensive plan pursuant to s.

11  163.3177(3).

12         Section 25.  Section 339.175, Florida Statutes, is

13  amended to read:

14         339.175  Metropolitan planning organization.--It is the

15  intent of the Legislature to encourage and promote the safe

16  and efficient management, operation, and development of

17  surface transportation systems that will serve the mobility

18  needs of people and freight within and through urbanized areas

19  of this state while minimizing transportation-related fuel

20  consumption and air pollution. To accomplish these objectives,

21  metropolitan planning organizations, referred to in this

22  section as M.P.O.'s, shall develop, in cooperation with the

23  state and public transit operators, transportation plans and

24  programs for metropolitan areas. The plans and programs for

25  each metropolitan area must provide for the development and

26  integrated management and operation of transportation systems

27  and facilities, including pedestrian walkways and bicycle

28  transportation facilities that will function as an intermodal

29  transportation system for the metropolitan area, based upon

30  the prevailing principles provided in s. 334.046(1). The

31  process for developing such plans and programs shall provide

                                 102

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  for consideration of all modes of transportation and shall be

 2  continuing, cooperative, and comprehensive, to the degree

 3  appropriate, based on the complexity of the transportation

 4  problems to be addressed. To ensure that the process is

 5  integrated with the statewide planning process, M.P.O.'s shall

 6  develop plans and programs that identify transportation

 7  facilities that should function as an integrated metropolitan

 8  transportation system, giving emphasis to facilities that

 9  serve important national, state, and regional transportation

10  functions. For the purposes of this section, those facilities

11  include the facilities on the Strategic Intermodal System

12  designated under s. 339.63 and facilities for which projects

13  have been identified pursuant to s. 339.2819(4).

14         (1)  DESIGNATION.--

15         (a)1.  An M.P.O. shall be designated for each urbanized

16  area of the state; however, this does not require that an

17  individual M.P.O. be designated for each such area.  Such

18  designation shall be accomplished by agreement between the

19  Governor and units of general-purpose local government

20  representing at least 75 percent of the population of the

21  urbanized area; however, the unit of general-purpose local

22  government that represents the central city or cities within

23  the M.P.O. jurisdiction, as defined by the United States

24  Bureau of the Census, must be a party to such agreement.

25         2.  More than one M.P.O. may be designated within an

26  existing metropolitan planning area only if the Governor and

27  the existing M.P.O. determine that the size and complexity of

28  the existing metropolitan planning area makes the designation

29  of more than one M.P.O. for the area appropriate.

30         (b)  Each M.P.O. shall be created and operated under

31  the provisions of this section pursuant to an interlocal

                                 103

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  agreement entered into pursuant to s. 163.01.  The signatories

 2  to the interlocal agreement shall be the department and the

 3  governmental entities designated by the Governor for

 4  membership on the M.P.O. If there is a conflict between this

 5  section and s. 163.01, this section prevails.

 6         (c)  The jurisdictional boundaries of an M.P.O. shall

 7  be determined by agreement between the Governor and the

 8  applicable M.P.O.  The boundaries must include at least the

 9  metropolitan planning area, which is the existing urbanized

10  area and the contiguous area expected to become urbanized

11  within a 20-year forecast period, and may encompass the entire

12  metropolitan statistical area or the consolidated metropolitan

13  statistical area.

14         (d)  In the case of an urbanized area designated as a

15  nonattainment area for ozone or carbon monoxide under the

16  Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of

17  the metropolitan planning area in existence as of the date of

18  enactment of this paragraph shall be retained, except that the

19  boundaries may be adjusted by agreement of the Governor and

20  affected metropolitan planning organizations in the manner

21  described in this section. If more than one M.P.O. has

22  authority within a metropolitan area or an area that is

23  designated as a nonattainment area, each M.P.O. shall consult

24  with other M.P.O.'s designated for such area and with the

25  state in the coordination of plans and programs required by

26  this section.

27  

28  Each M.P.O. required under this section must be fully

29  operative no later than 6 months following its designation.

30         (2)  VOTING MEMBERSHIP.--

31  

                                 104

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (a)  The voting membership of an M.P.O. shall consist

 2  of not fewer than 5 or more than 19 apportioned members, the

 3  exact number to be determined on an equitable

 4  geographic-population ratio basis by the Governor, based on an

 5  agreement among the affected units of general-purpose local

 6  government as required by federal rules and regulations. The

 7  Governor, in accordance with 23 U.S.C. s. 134, may also

 8  provide for M.P.O. members who represent municipalities to

 9  alternate with representatives from other municipalities

10  within the metropolitan planning area that do not have members

11  on the M.P.O. County commission members shall compose not less

12  than one-third of the M.P.O. membership, except for an M.P.O.

13  with more than 15 members located in a county with a

14  five-member county commission or an M.P.O. with 19 members

15  located in a county with no more than 6 county commissioners,

16  in which case county commission members may compose less than

17  one-third percent of the M.P.O. membership, but all county

18  commissioners must be members. All voting members shall be

19  elected officials of general-purpose governments, except that

20  an M.P.O. may include, as part of its apportioned voting

21  members, a member of a statutorily authorized planning board,

22  an official of an agency that operates or administers a major

23  mode of transportation, or an official of the Florida Space

24  Authority. The county commission shall compose not less than

25  20 percent of the M.P.O. membership if an official of an

26  agency that operates or administers a major mode of

27  transportation has been appointed to an M.P.O.

28         (b)  In metropolitan areas in which authorities or

29  other agencies have been or may be created by law to perform

30  transportation functions and are performing transportation

31  functions that are not under the jurisdiction of a general

                                 105

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  purpose local government represented on the M.P.O., they shall

 2  be provided voting membership on the M.P.O. In all other

 3  M.P.O.'s where transportation authorities or agencies are to

 4  be represented by elected officials from general purpose local

 5  governments, the M.P.O. shall establish a process by which the

 6  collective interests of such authorities or other agencies are

 7  expressed and conveyed.

 8         (c)  Any other provision of this section to the

 9  contrary notwithstanding, a chartered county with over 1

10  million population may elect to reapportion the membership of

11  an M.P.O. whose jurisdiction is wholly within the county. The

12  charter county may exercise the provisions of this paragraph

13  if:

14         1.  The M.P.O. approves the reapportionment plan by a

15  three-fourths vote of its membership;

16         2.  The M.P.O. and the charter county determine that

17  the reapportionment plan is needed to fulfill specific goals

18  and policies applicable to that metropolitan planning area;

19  and

20         3.  The charter county determines the reapportionment

21  plan otherwise complies with all federal requirements

22  pertaining to M.P.O. membership.

23  

24  Any charter county that elects to exercise the provisions of

25  this paragraph shall notify the Governor in writing.

26         (d)  Any other provision of this section to the

27  contrary notwithstanding, any county chartered under s. 6(e),

28  Art. VIII of the State Constitution may elect to have its

29  county commission serve as the M.P.O., if the M.P.O.

30  jurisdiction is wholly contained within the county.  Any

31  charter county that elects to exercise the provisions of this

                                 106

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  paragraph shall so notify the Governor in writing.  Upon

 2  receipt of such notification, the Governor must designate the

 3  county commission as the M.P.O.  The Governor must appoint

 4  four additional voting members to the M.P.O., one of whom must

 5  be an elected official representing a municipality within the

 6  county, one of whom must be an expressway authority member,

 7  one of whom must be a person who does not hold elected public

 8  office and who resides in the unincorporated portion of the

 9  county, and one of whom must be a school board member.

10         (3)  APPORTIONMENT.--

11         (a)  The Governor shall, with the agreement of the

12  affected units of general-purpose local government as required

13  by federal rules and regulations, apportion the membership on

14  the applicable M.P.O. among the various governmental entities

15  within the area and shall prescribe a method for appointing

16  alternate members who may vote at any M.P.O. meeting that an

17  alternate member attends in place of a regular member.  An

18  appointed alternate member must be an elected official serving

19  the same governmental entity or a general-purpose local

20  government with jurisdiction within all or part of the area

21  that the regular member serves.  The governmental entity so

22  designated shall appoint the appropriate number of members to

23  the M.P.O. from eligible officials.  Representatives of the

24  department shall serve as nonvoting members of the M.P.O.

25  Nonvoting advisers may be appointed by the M.P.O. as deemed

26  necessary.  The Governor shall review the composition of the

27  M.P.O. membership in conjunction with the decennial census as

28  prepared by the United States Department of Commerce, Bureau

29  of the Census, and reapportion it as necessary to comply with

30  subsection (2).

31  

                                 107

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (b)  Except for members who represent municipalities on

 2  the basis of alternating with representatives from other

 3  municipalities that do not have members on the M.P.O. as

 4  provided in paragraph (2)(a), the members of an M.P.O. shall

 5  serve 4-year terms. Members who represent municipalities on

 6  the basis of alternating with representatives from other

 7  municipalities that do not have members on the M.P.O. as

 8  provided in paragraph (2)(a) may serve terms of up to 4 years

 9  as further provided in the interlocal agreement described in

10  paragraph (1)(b). The membership of a member who is a public

11  official automatically terminates upon the member's leaving

12  his or her elective or appointive office for any reason, or

13  may be terminated by a majority vote of the total membership

14  of a county or city governing entity represented by the

15  member.  A vacancy shall be filled by the original appointing

16  entity.  A member may be reappointed for one or more

17  additional 4-year terms.

18         (c)  If a governmental entity fails to fill an assigned

19  appointment to an M.P.O. within 60 days after notification by

20  the Governor of its duty to appoint, that appointment shall be

21  made by the Governor from the eligible representatives of that

22  governmental entity.

23         (4)  AUTHORITY AND RESPONSIBILITY.--The authority and

24  responsibility of an M.P.O. is to manage a continuing,

25  cooperative, and comprehensive transportation planning process

26  that, based upon the prevailing principles provided in s.

27  334.046(1), results in the development of plans and programs

28  which are consistent, to the maximum extent feasible, with the

29  approved local government comprehensive plans of the units of

30  local government the boundaries of which are within the

31  metropolitan area of the M.P.O.  An M.P.O. shall be the forum

                                 108

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  for cooperative decisionmaking by officials of the affected

 2  governmental entities in the development of the plans and

 3  programs required by subsections (5), (6), (7), and (8).

 4         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

 5  privileges, and authority of an M.P.O. are those specified in

 6  this section or incorporated in an interlocal agreement

 7  authorized under s. 163.01.  Each M.P.O. shall perform all

 8  acts required by federal or state laws or rules, now and

 9  subsequently applicable, which are necessary to qualify for

10  federal aid. It is the intent of this section that each M.P.O.

11  shall be involved in the planning and programming of

12  transportation facilities, including, but not limited to,

13  airports, intercity and high-speed rail lines, seaports, and

14  intermodal facilities, to the extent permitted by state or

15  federal law.

16         (a)  Each M.P.O. shall, in cooperation with the

17  department, develop:

18         1.  A long-range transportation plan pursuant to the

19  requirements of subsection (6);

20         2.  An annually updated transportation improvement

21  program pursuant to the requirements of subsection (7); and

22         3.  An annual unified planning work program pursuant to

23  the requirements of subsection (8).

24         (b)  In developing the long-range transportation plan

25  and the transportation improvement program required under

26  paragraph (a), each M.P.O. shall provide for consideration of

27  projects and strategies that will:

28         1.  Support the economic vitality of the metropolitan

29  area, especially by enabling global competitiveness,

30  productivity, and efficiency;

31  

                                 109

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         2.  Increase the safety and security of the

 2  transportation system for motorized and nonmotorized users;

 3         3.  Increase the accessibility and mobility options

 4  available to people and for freight;

 5         4.  Protect and enhance the environment, promote energy

 6  conservation, and improve quality of life;

 7         5.  Enhance the integration and connectivity of the

 8  transportation system, across and between modes, for people

 9  and freight;

10         6.  Promote efficient system management and operation;

11  and

12         7.  Emphasize the preservation of the existing

13  transportation system.

14         (c)  In order to provide recommendations to the

15  department and local governmental entities regarding

16  transportation plans and programs, each M.P.O. shall:

17         1.  Prepare a congestion management system for the

18  metropolitan area and cooperate with the department in the

19  development of all other transportation management systems

20  required by state or federal law;

21         2.  Assist the department in mapping transportation

22  planning boundaries required by state or federal law;

23         3.  Assist the department in performing its duties

24  relating to access management, functional classification of

25  roads, and data collection;

26         4.  Execute all agreements or certifications necessary

27  to comply with applicable state or federal law;

28         5.  Represent all the jurisdictional areas within the

29  metropolitan area in the formulation of transportation plans

30  and programs required by this section; and

31  

                                 110

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         6.  Perform all other duties required by state or

 2  federal law.

 3         (d)  Each M.P.O. shall appoint a technical advisory

 4  committee that includes planners; engineers; representatives

 5  of local aviation authorities, port authorities, and public

 6  transit authorities or representatives of aviation

 7  departments, seaport departments, and public transit

 8  departments of municipal or county governments, as applicable;

 9  the school superintendent of each county within the

10  jurisdiction of the M.P.O. or the superintendent's designee;

11  and other appropriate representatives of affected local

12  governments. In addition to any other duties assigned to it by

13  the M.P.O. or by state or federal law, the technical advisory

14  committee is responsible for considering safe access to

15  schools in its review of transportation project priorities,

16  long-range transportation plans, and transportation

17  improvement programs, and shall advise the M.P.O. on such

18  matters. In addition, the technical advisory committee shall

19  coordinate its actions with local school boards and other

20  local programs and organizations within the metropolitan area

21  which participate in school safety activities, such as locally

22  established community traffic safety teams. Local school

23  boards must provide the appropriate M.P.O. with information

24  concerning future school sites and in the coordination of

25  transportation service.

26         (e)1.  Each M.P.O. shall appoint a citizens' advisory

27  committee, the members of which serve at the pleasure of the

28  M.P.O. The membership on the citizens' advisory committee must

29  reflect a broad cross section of local residents with an

30  interest in the development of an efficient, safe, and

31  

                                 111

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  cost-effective transportation system. Minorities, the elderly,

 2  and the handicapped must be adequately represented.

 3         2.  Notwithstanding the provisions of subparagraph 1.,

 4  an M.P.O. may, with the approval of the department and the

 5  applicable federal governmental agency, adopt an alternative

 6  program or mechanism to ensure citizen involvement in the

 7  transportation planning process.

 8         (f)  The department shall allocate to each M.P.O., for

 9  the purpose of accomplishing its transportation planning and

10  programming duties, an appropriate amount of federal

11  transportation planning funds.

12         (g)  Each M.P.O. may employ personnel or may enter into

13  contracts with local or state agencies, private planning

14  firms, or private engineering firms to accomplish its

15  transportation planning and programming duties required by

16  state or federal law.

17         (h)  A chair's coordinating committee is created,

18  composed of the M.P.O.'s serving Hernando, Hillsborough,

19  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The

20  committee must, at a minimum:

21         1.  Coordinate transportation projects deemed to be

22  regionally significant by the committee.

23         2.  Review the impact of regionally significant land

24  use decisions on the region.

25         3.  Review all proposed regionally significant

26  transportation projects in the respective transportation

27  improvement programs which affect more than one of the

28  M.P.O.'s represented on the committee.

29         4.  Institute a conflict resolution process to address

30  any conflict that may arise in the planning and programming of

31  such regionally significant projects.

                                 112

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (i)1.  The Legislature finds that the state's rapid

 2  growth in recent decades has caused many urbanized areas

 3  subject to M.P.O. jurisdiction to become contiguous to each

 4  other. As a result, various transportation projects may cross

 5  from the jurisdiction of one M.P.O. into the jurisdiction of

 6  another M.P.O. To more fully accomplish the purposes for which

 7  M.P.O.'s have been mandated, M.P.O.'s shall develop

 8  coordination mechanisms with one another to expand and improve

 9  transportation within the state. The appropriate method of

10  coordination between M.P.O.'s shall vary depending upon the

11  project involved and given local and regional needs.

12  Consequently, it is appropriate to set forth a flexible

13  methodology that can be used by M.P.O.'s to coordinate with

14  other M.P.O.'s and appropriate political subdivisions as

15  circumstances demand.

16         2.  Any M.P.O. may join with any other M.P.O. or any

17  individual political subdivision to coordinate activities or

18  to achieve any federal or state transportation planning or

19  development goals or purposes consistent with federal or state

20  law. When an M.P.O. determines that it is appropriate to join

21  with another M.P.O. or any political subdivision to coordinate

22  activities, the M.P.O. or political subdivision shall enter

23  into an interlocal agreement pursuant to s. 163.01, which, at

24  a minimum, creates a separate legal or administrative entity

25  to coordinate the transportation planning or development

26  activities required to achieve the goal or purpose; provide

27  the purpose for which the entity is created; provide the

28  duration of the agreement and the entity, and specify how the

29  agreement may be terminated, modified, or rescinded; describe

30  the precise organization of the entity, including who has

31  voting rights on the governing board, whether alternative

                                 113

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  voting members are provided for, how voting members are

 2  appointed, and what the relative voting strength is for each

 3  constituent M.P.O. or political subdivision; provide the

 4  manner in which the parties to the agreement will provide for

 5  the financial support of the entity and payment of costs and

 6  expenses of the entity; provide the manner in which funds may

 7  be paid to and disbursed from the entity; and provide how

 8  members of the entity will resolve disagreements regarding

 9  interpretation of the interlocal agreement or disputes

10  relating to the operation of the entity. Such interlocal

11  agreement shall become effective upon its recordation in the

12  official public records of each county in which a member of

13  the entity created by the interlocal agreement has a voting

14  member. This paragraph does not require any M.P.O.'s to merge,

15  combine, or otherwise join together as a single M.P.O.

16         (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must

17  develop a long-range transportation plan that addresses at

18  least a 20-year planning horizon. The plan must include both

19  long-range and short-range strategies and must comply with all

20  other state and federal requirements. The prevailing

21  principles to be considered in the long-range transportation

22  plan are: preserving the existing transportation

23  infrastructure; enhancing Florida's economic competitiveness;

24  and improving travel choices to ensure mobility. The

25  long-range transportation plan must be consistent, to the

26  maximum extent feasible, with future land use elements and the

27  goals, objectives, and policies of the approved local

28  government comprehensive plans of the units of local

29  government located within the jurisdiction of the M.P.O. The

30  approved long-range transportation plan must be considered by

31  local governments in the development of the transportation

                                 114

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  elements in local government comprehensive plans and any

 2  amendments thereto. The long-range transportation plan must,

 3  at a minimum:

 4         (a)  Identify transportation facilities, including, but

 5  not limited to, major roadways, airports, seaports,

 6  spaceports, commuter rail systems, transit systems, and

 7  intermodal or multimodal terminals that will function as an

 8  integrated metropolitan transportation system.  The long-range

 9  transportation plan must give emphasis to those transportation

10  facilities that serve national, statewide, or regional

11  functions, and must consider the goals and objectives

12  identified in the Florida Transportation Plan as provided in

13  s. 339.155. If a project is located within the boundaries of

14  more than one M.P.O., the M.P.O.'s must coordinate plans

15  regarding the project in the long-range transportation plan.

16         (b)  Include a financial plan that demonstrates how the

17  plan can be implemented, indicating resources from public and

18  private sources which are reasonably expected to be available

19  to carry out the plan, and recommends any additional financing

20  strategies for needed projects and programs. The financial

21  plan may include, for illustrative purposes, additional

22  projects that would be included in the adopted long-range

23  transportation plan if reasonable additional resources beyond

24  those identified in the financial plan were available. For the

25  purpose of developing the long-range transportation plan, the

26  M.P.O. and the department shall cooperatively develop

27  estimates of funds that will be available to support the plan

28  implementation. Innovative financing techniques may be used to

29  fund needed projects and programs.  Such techniques may

30  include the assessment of tolls, the use of value capture

31  financing, or the use of value pricing.

                                 115

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (c)  Assess capital investment and other measures

 2  necessary to:

 3         1.  Ensure the preservation of the existing

 4  metropolitan transportation system including requirements for

 5  the operation, resurfacing, restoration, and rehabilitation of

 6  major roadways and requirements for the operation,

 7  maintenance, modernization, and rehabilitation of public

 8  transportation facilities; and

 9         2.  Make the most efficient use of existing

10  transportation facilities to relieve vehicular congestion and

11  maximize the mobility of people and goods.

12         (d)  Indicate, as appropriate, proposed transportation

13  enhancement activities, including, but not limited to,

14  pedestrian and bicycle facilities, scenic easements,

15  landscaping, historic preservation, mitigation of water

16  pollution due to highway runoff, and control of outdoor

17  advertising.

18         (e)  In addition to the requirements of paragraphs

19  (a)-(d), in metropolitan areas that are classified as

20  nonattainment areas for ozone or carbon monoxide, the M.P.O.

21  must coordinate the development of the long-range

22  transportation plan with the State Implementation Plan

23  developed pursuant to the requirements of the federal Clean

24  Air Act.

25  

26  In the development of its long-range transportation plan, each

27  M.P.O. must provide the public, affected public agencies,

28  representatives of transportation agency employees, freight

29  shippers, providers of freight transportation services,

30  private providers of transportation, representatives of users

31  of public transit, and other interested parties with a

                                 116

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  reasonable opportunity to comment on the long-range

 2  transportation plan. The long-range transportation plan must

 3  be approved by the M.P.O.

 4         (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.

 5  shall, in cooperation with the state and affected public

 6  transportation operators, develop a transportation improvement

 7  program for the area within the jurisdiction of the M.P.O.  In

 8  the development of the transportation improvement program,

 9  each M.P.O. must provide the public, affected public agencies,

10  representatives of transportation agency employees, freight

11  shippers, providers of freight transportation services,

12  private providers of transportation, representatives of users

13  of public transit, and other interested parties with a

14  reasonable opportunity to comment on the proposed

15  transportation improvement program.

16         (a)  Each M.P.O. is responsible for developing,

17  annually, a list of project priorities and a transportation

18  improvement program. The prevailing principles to be

19  considered by each M.P.O. when developing a list of project

20  priorities and a transportation improvement program are:

21  preserving the existing transportation infrastructure;

22  enhancing Florida's economic competitiveness; and improving

23  travel choices to ensure mobility. The transportation

24  improvement program will be used to initiate federally aided

25  transportation facilities and improvements as well as other

26  transportation facilities and improvements including transit,

27  rail, aviation, spaceport, and port facilities to be funded

28  from the State Transportation Trust Fund within its

29  metropolitan area in accordance with existing and subsequent

30  federal and state laws and rules and regulations related

31  thereto. The transportation improvement program shall be

                                 117

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  consistent, to the maximum extent feasible, with the approved

 2  local government comprehensive plans of the units of local

 3  government whose boundaries are within the metropolitan area

 4  of the M.P.O. and include those projects programmed pursuant

 5  to s. 339.2819(4).

 6         (b)  Each M.P.O. annually shall prepare a list of

 7  project priorities and shall submit the list to the

 8  appropriate district of the department by October 1 of each

 9  year; however, the department and a metropolitan planning

10  organization may, in writing, agree to vary this submittal

11  date. The list of project priorities must be formally reviewed

12  by the technical and citizens' advisory committees, and

13  approved by the M.P.O., before it is transmitted to the

14  district. The approved list of project priorities must be used

15  by the district in developing the district work program and

16  must be used by the M.P.O. in developing its transportation

17  improvement program. The annual list of project priorities

18  must be based upon project selection criteria that, at a

19  minimum, consider the following:

20         1.  The approved M.P.O. long-range transportation plan;

21         2.  The Strategic Intermodal System Plan developed

22  under s. 339.64.

23         3.  The priorities developed pursuant to s.

24  339.2819(4).

25         4.3.  The results of the transportation management

26  systems; and

27         5.4.  The M.P.O.'s public-involvement procedures.

28         (c)  The transportation improvement program must, at a

29  minimum:

30         1.  Include projects and project phases to be funded

31  with state or federal funds within the time period of the

                                 118

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  transportation improvement program and which are recommended

 2  for advancement during the next fiscal year and 4 subsequent

 3  fiscal years.  Such projects and project phases must be

 4  consistent, to the maximum extent feasible, with the approved

 5  local government comprehensive plans of the units of local

 6  government located within the jurisdiction of the M.P.O.  For

 7  informational purposes, the transportation improvement program

 8  shall also include a list of projects to be funded from local

 9  or private revenues.

10         2.  Include projects within the metropolitan area which

11  are proposed for funding under 23 U.S.C. s. 134 of the Federal

12  Transit Act and which are consistent with the long-range

13  transportation plan developed under subsection (6).

14         3.  Provide a financial plan that demonstrates how the

15  transportation improvement program can be implemented;

16  indicates the resources, both public and private, that are

17  reasonably expected to be available to accomplish the program;

18  identifies any innovative financing techniques that may be

19  used to fund needed projects and programs; and may include,

20  for illustrative purposes, additional projects that would be

21  included in the approved transportation improvement program if

22  reasonable additional resources beyond those identified in the

23  financial plan were available. Innovative financing techniques

24  may include the assessment of tolls, the use of value capture

25  financing, or the use of value pricing.  The transportation

26  improvement program may include a project or project phase

27  only if full funding can reasonably be anticipated to be

28  available for the project or project phase within the time

29  period contemplated for completion of the project or project

30  phase.

31  

                                 119

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         4.  Group projects and project phases of similar

 2  urgency and anticipated staging into appropriate staging

 3  periods.

 4         5.  Indicate how the transportation improvement program

 5  relates to the long-range transportation plan developed under

 6  subsection (6), including providing examples of specific

 7  projects or project phases that further the goals and policies

 8  of the long-range transportation plan.

 9         6.  Indicate whether any project or project phase is

10  inconsistent with an approved comprehensive plan of a unit of

11  local government located within the jurisdiction of the M.P.O.

12  If a project is inconsistent with an affected comprehensive

13  plan, the M.P.O. must provide justification for including the

14  project in the transportation improvement program.

15         7.  Indicate how the improvements are consistent, to

16  the maximum extent feasible, with affected seaport, airport,

17  and spaceport master plans and with public transit development

18  plans of the units of local government located within the

19  jurisdiction of the M.P.O. If a project is located within the

20  boundaries of more than one M.P.O., the M.P.O.'s must

21  coordinate plans regarding the project in the transportation

22  improvement program.

23         (d)  Projects included in the transportation

24  improvement program and that have advanced to the design stage

25  of preliminary engineering may be removed from or rescheduled

26  in a subsequent transportation improvement program only by the

27  joint action of the M.P.O. and the department. Except when

28  recommended in writing by the district secretary for good

29  cause, any project removed from or rescheduled in a subsequent

30  transportation improvement program shall not be rescheduled by

31  

                                 120

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  the M.P.O. in that subsequent program earlier than the 5th

 2  year of such program.

 3         (e)  During the development of the transportation

 4  improvement program, the M.P.O. shall, in cooperation with the

 5  department and any affected public transit operation, provide

 6  citizens, affected public agencies, representatives of

 7  transportation agency employees, freight shippers, providers

 8  of freight transportation services, private providers of

 9  transportation, representatives of users of public transit,

10  and other interested parties with reasonable notice of and an

11  opportunity to comment on the proposed program.

12         (f)  The adopted annual transportation improvement

13  program for M.P.O.'s in nonattainment or maintenance areas

14  must be submitted to the district secretary and the Department

15  of Community Affairs at least 90 days before the submission of

16  the state transportation improvement program by the department

17  to the appropriate federal agencies. The annual transportation

18  improvement program for M.P.O.'s in attainment areas must be

19  submitted to the district secretary and the Department of

20  Community Affairs at least 45 days before the department

21  submits the state transportation improvement program to the

22  appropriate federal agencies; however, the department, the

23  Department of Community Affairs, and a metropolitan planning

24  organization may, in writing, agree to vary this submittal

25  date.  The Governor or the Governor's designee shall review

26  and approve each transportation improvement program and any

27  amendments thereto.

28         (g)  The Department of Community Affairs shall review

29  the annual transportation improvement program of each M.P.O.

30  for consistency with the approved local government

31  comprehensive plans of the units of local government whose

                                 121

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  boundaries are within the metropolitan area of each M.P.O. and

 2  shall identify those projects that are inconsistent with such

 3  comprehensive plans. The Department of Community Affairs shall

 4  notify an M.P.O. of any transportation projects contained in

 5  its transportation improvement program which are inconsistent

 6  with the approved local government comprehensive plans of the

 7  units of local government whose boundaries are within the

 8  metropolitan area of the M.P.O.

 9         (h)  The M.P.O. shall annually publish or otherwise

10  make available for public review the annual listing of

11  projects for which federal funds have been obligated in the

12  preceding year. Project monitoring systems must be maintained

13  by those agencies responsible for obligating federal funds and

14  made accessible to the M.P.O.'s.

15         (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall

16  develop, in cooperation with the department and public

17  transportation providers, a unified planning work program that

18  lists all planning tasks to be undertaken during the program

19  year. The unified planning work program must provide a

20  complete description of each planning task and an estimated

21  budget therefor and must comply with applicable state and

22  federal law.

23         (9)  AGREEMENTS.--

24         (a)  Each M.P.O. shall execute the following written

25  agreements, which shall be reviewed, and updated as necessary,

26  every 5 years:

27         1.  An agreement with the department clearly

28  establishing the cooperative relationship essential to

29  accomplish the transportation planning requirements of state

30  and federal law.

31  

                                 122

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         2.  An agreement with the metropolitan and regional

 2  intergovernmental coordination and review agencies serving the

 3  metropolitan areas, specifying the means by which activities

 4  will be coordinated and how transportation planning and

 5  programming will be part of the comprehensive planned

 6  development of the area.

 7         3.  An agreement with operators of public

 8  transportation systems, including transit systems, commuter

 9  rail systems, airports, seaports, and spaceports, describing

10  the means by which activities will be coordinated and

11  specifying how public transit, commuter rail, aviation,

12  seaport, and aerospace planning and programming will be part

13  of the comprehensive planned development of the metropolitan

14  area.

15         (b)  An M.P.O. may execute other agreements required by

16  state or federal law or as necessary to properly accomplish

17  its functions.

18         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

19  COUNCIL.--

20         (a)  A Metropolitan Planning Organization Advisory

21  Council is created to augment, and not supplant, the role of

22  the individual M.P.O.'s in the cooperative transportation

23  planning process described in this section.

24         (b)  The council shall consist of one representative

25  from each M.P.O. and shall elect a chairperson annually from

26  its number.  Each M.P.O. shall also elect an alternate

27  representative from each M.P.O. to vote in the absence of the

28  representative. Members of the council do not receive any

29  compensation for their services, but may be reimbursed from

30  funds made available to council members for travel and per

31  

                                 123

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  diem expenses incurred in the performance of their council

 2  duties as provided in s. 112.061.

 3         (c)  The powers and duties of the Metropolitan Planning

 4  Organization Advisory Council are to:

 5         1.  Enter into contracts with individuals, private

 6  corporations, and public agencies.

 7         2.  Acquire, own, operate, maintain, sell, or lease

 8  personal property essential for the conduct of business.

 9         3.  Accept funds, grants, assistance, gifts, or

10  bequests from private, local, state, or federal sources.

11         4.  Establish bylaws and adopt rules pursuant to ss.

12  120.536(1) and 120.54 to implement provisions of law

13  conferring powers or duties upon it.

14         5.  Assist M.P.O.'s in carrying out the urbanized area

15  transportation planning process by serving as the principal

16  forum for collective policy discussion pursuant to law.

17         6.  Serve as a clearinghouse for review and comment by

18  M.P.O.'s on the Florida Transportation Plan and on other

19  issues required to comply with federal or state law in

20  carrying out the urbanized area transportation and systematic

21  planning processes instituted pursuant to s. 339.155.

22         7.  Employ an executive director and such other staff

23  as necessary to perform adequately the functions of the

24  council, within budgetary limitations. The executive director

25  and staff are exempt from part II of chapter 110 and serve at

26  the direction and control of the council.  The council is

27  assigned to the Office of the Secretary of the Department of

28  Transportation for fiscal and accountability purposes, but it

29  shall otherwise function independently of the control and

30  direction of the department.

31  

                                 124

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         8.  Adopt an agency strategic plan that provides the

 2  priority directions the agency will take to carry out its

 3  mission within the context of the state comprehensive plan and

 4  any other statutory mandates and directions given to the

 5  agency.

 6         (11)  APPLICATION OF FEDERAL LAW.--Upon notification by

 7  an agency of the Federal Government that any provision of this

 8  section conflicts with federal laws or regulations, such

 9  federal laws or regulations will take precedence to the extent

10  of the conflict until such conflict is resolved.  The

11  department or an M.P.O. may take any necessary action to

12  comply with such federal laws and regulations or to continue

13  to remain eligible to receive federal funds.

14         Section 26.  Section 339.55, Florida Statutes, is

15  amended to read:

16         339.55  State-funded infrastructure bank.--

17         (1)  There is created within the Department of

18  Transportation a state-funded infrastructure bank for the

19  purpose of providing loans and credit enhancements to

20  government units and private entities for use in constructing

21  and improving transportation facilities.

22         (2)  The bank may lend capital costs or provide credit

23  enhancements for:

24         (a)  A transportation facility project that is on the

25  State Highway System or that provides for increased mobility

26  on the state's transportation system or provides intermodal

27  connectivity with airports, seaports, rail facilities, and

28  other transportation terminals, pursuant to s. 341.053, for

29  the movement of people and goods.

30         (b)  Projects of the Transportation Regional Incentive

31  Program which are identified pursuant to s. 339.2819(4).

                                 125

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (3)  Loans from the bank may be subordinated to senior

 2  project debt that has an investment grade rating of "BBB" or

 3  higher.

 4         (4)(3)  Loans from the bank may bear interest at or

 5  below market interest rates, as determined by the department.

 6  Repayment of any loan from the bank shall commence not later

 7  than 5 years after the project has been completed or, in the

 8  case of a highway project, the facility has opened to traffic,

 9  whichever is later, and shall be repaid in no more than 30

10  years.

11         (5)(4)  Except as provided in s. 339.137, To be

12  eligible for consideration, projects must be consistent, to

13  the maximum extent feasible, with local metropolitan planning

14  organization plans and local government comprehensive plans

15  and must provide a dedicated repayment source to ensure the

16  loan is repaid to the bank.

17         (6)  Funding awarded for projects under paragraph

18  (2)(b) must be matched by a minimum of 25 percent from funds

19  other than the state-funded infrastructure bank loan.

20         (7)(5)  The department may consider, but is not limited

21  to, the following criteria for evaluation of projects for

22  assistance from the bank:

23         (a)  The credit worthiness of the project.

24         (b)  A demonstration that the project will encourage,

25  enhance, or create economic benefits.

26         (c)  The likelihood that assistance would enable the

27  project to proceed at an earlier date than would otherwise be

28  possible.

29         (d)  The extent to which assistance would foster

30  innovative public-private partnerships and attract private

31  debt or equity investment.

                                 126

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (e)  The extent to which the project would use new

 2  technologies, including intelligent transportation systems,

 3  that would enhance the efficient operation of the project.

 4         (f)  The extent to which the project would maintain or

 5  protect the environment.

 6         (g)  A demonstration that the project includes

 7  transportation benefits for improving intermodalism, cargo and

 8  freight movement, and safety.

 9         (h)  The amount of the proposed assistance as a

10  percentage of the overall project costs with emphasis on local

11  and private participation.

12         (i)  The extent to which the project will provide for

13  connectivity between the State Highway System and airports,

14  seaports, rail facilities, and other transportation terminals

15  and intermodal options pursuant to s. 341.053 for the

16  increased accessibility and movement of people and goods.

17         (8)(6)  Loan assistance provided by the bank shall be

18  included in the department's work program developed in

19  accordance with s. 339.135.

20         (9)(7)  The department is authorized to adopt rules to

21  implement the state-funded infrastructure bank.

22         Section 27.  Subsection (7) is added to section

23  1013.64, Florida Statutes, to read:

24         1013.64  Funds for comprehensive educational plant

25  needs; construction cost maximums for school district capital

26  projects.--Allocations from the Public Education Capital

27  Outlay and Debt Service Trust Fund to the various boards for

28  capital outlay projects shall be determined as follows:

29         (7)  Moneys distributed to the Public Education Capital

30  Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)

31  shall be expended to fund the Classrooms for Kids Program

                                 127

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  created in s. 1013.735 and shall be distributed as provided by

 2  that section.

 3         Section 28.  Paragraph (a) of subsection (2) of section

 4  1013.65, Florida Statutes, is amended to read:

 5         1013.65  Educational and ancillary plant construction

 6  funds; Public Education Capital Outlay and Debt Service Trust

 7  Fund; allocation of funds.--

 8         (2)(a)  The Public Education Capital Outlay and Debt

 9  Service Trust Fund shall be comprised of the following

10  sources, which are hereby appropriated to the trust fund:

11         1.  Proceeds, premiums, and accrued interest from the

12  sale of public education bonds and that portion of the

13  revenues accruing from the gross receipts tax as provided by

14  s. 9(a)(2), Art. XII of the State Constitution, as amended,

15  interest on investments, and federal interest subsidies.

16         2.  General revenue funds appropriated to the fund for

17  educational capital outlay purposes.

18         3.  All capital outlay funds previously appropriated

19  and certified forward pursuant to s. 216.301.

20         4.  Funds paid pursuant to s. 201.15(1)(d). Such funds

21  shall be appropriated annually for expenditure to fund the

22  Classrooms for Kids Program created in s. 1013.735 and shall

23  be distributed as provided by that section.

24         Section 29.  Subsection (1) of section 201.15, Florida

25  Statutes, is amended to read:

26         201.15  Distribution of taxes collected.--All taxes

27  collected under this chapter shall be distributed as follows

28  and shall be subject to the service charge imposed in s.

29  215.20(1), except that such service charge shall not be levied

30  against any portion of taxes pledged to debt service on bonds

31  

                                 128

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 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

                                 129

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 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

                                 130

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 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

                                 131

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 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  

                                 132

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         (c)  To the Public Education Capital Outlay and Debt

 2  Service Trust Fund in the Department of Education, $73.75

 3  million.

 4         (d)  To the Grants and Donations Trust Fund in the

 5  Department of Community Affairs, $1.25 million.

 6         (2)  The following appropriations are made for the

 7  2005-2006 fiscal year only on a nonrecurring basis:

 8         (a)  From the State Transportation Trust Fund in the

 9  Department of Transportation:

10         1.  Four hundred million dollars for the purposes

11  specified in sections 339.61, 339.62, 339.63, and 339.64,

12  Florida Statutes.

13         2.  Seventy-five million dollars for the purposes

14  specified in section 339.2819, Florida Statutes.

15         3.  One hundred million dollars for the purposes

16  specified in section 339.55, Florida Statutes.

17         (b)  From the Water Protection and Sustainability

18  Program Trust Fund in the Department of Environmental

19  Protection, $100 million for the purposes specified in section

20  403.890, Florida Statutes.

21         (c)  From the Public Education Capital Outlay and Debt

22  Service Trust Fund in the Department of Education, the sum of

23  $73.75 million for the purpose of funding the Classrooms for

24  Kids Program created in section 1013.735, Florida Statutes.

25  Notwithstanding the requirements of sections 1013.64 and

26  1013.65, Florida Statutes, these moneys may not be distributed

27  as part of the comprehensive plan for the Public Education

28  Capital Outlay and Debt Service Trust Fund.

29         (d)  From the Grants and Donations Trust Fund in the

30  Department of Community Affairs:

31  

                                 133

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1         1.  One million dollars to provide technical assistance

 2  to local governments and school boards on the requirements and

 3  implementation of this act. The department shall provide a

 4  report to the Governor, the President of the Senate, and the

 5  Speaker of the House of Representatives by February 1, 2006,

 6  on the progress made toward implementing this act and a

 7  recommendation on whether additional funds should be

 8  appropriated to provide additional technical assistance.

 9         2.  Two hundred and fifty thousand dollars to support

10  the Century Commission, created by section 163.3247, Florida

11  Statutes.

12         Section 31.  Except as otherwise expressly provided in

13  this act, this act shall take effect July 1, 2005.

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                 134

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                      CS/CS Senate Bill 360

 3                                 

 4  The committee substitute for committee substitute for
    committee substitute (CS) for SB 360 appropriates $750 million
 5  recurring and $750 million on a non-recurring basis, for a
    combined $1.5 billion, in 2005-2006 to fund specified
 6  transportation, school, and water projects. Specifically, it
    appropriates $750 million from the General Revenue Fund for
 7  the 2005-2006 fiscal year on a non-recurring basis and in
    quarterly installments for the following: $575 million to the
 8  State Transportation Trust Fund, $100 million to the
    Department of Environmental Protection for the Water
 9  Protection and Sustainability Program Trust Fund, and $73.75
    million to the Public Education Capital Outlay and Debt
10  Service Trust Fund within the Department of Education. The CS
    then appropriates the amounts from the trust funds above for
11  the 2005-2006 fiscal year on a non-recurring basis to be
    expended as follows:
12  
    -    $400 million for the Strategic Intermodal System.
13  
    -    $75 million for the Transportation Regional Incentive
14       Program.

15  -    $100 million to the State-funded Infrastructure Bank for
         local projects with a 25 percent match.
16  
    -    $100 million to the Department of Environmental
17       Protection from the Water Protection and Sustainability
         Program Trust Fund.
18  
    -    $73.75 million from the Public Education Capital Outlay
19       and Debt Service Trust Fund within the Department of
         Education to fund the Classrooms for Kids Program.
20  
    The recurring $750 million appropriation from the taxes
21  collected under s. 201.15, F.S., will be distributed as
    follows:
22  
    -    $575 million for the New Starts Transit Program, the
23       Small County Outreach Program, the Strategic Intermodal
         System, and the Transportation Regional Incentive
24       Program.

25  -    $100 million to the Water Protection and Sustainability
         Program Trust Fund in the Department of Environmental
26       Protection.

27  -    $75 million to the Public Education Capital Outlay and
         Debt Service Trust Fund to fund the Classroom for Kids
28       Program.

29  These monies may not be pledged for debt service unless the
    pledge is approved by referendum.
30  
    The CS revises concurrency requirements in this act. School
31  facilities must be available within 3 years after the issuance
    of final subdivision or site plan approval, or the functional
                                 135

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005              CS for CS for CS for SB 360
    576-2328-05




 1  equivalent. Water supply projects identified by the local
    government from the regional water supply plan or proposed by
 2  the local government must be incorporated into the
    comprehensive plan within 18 months after the update of the
 3  regional water supply plan. Adequate water supplies must be
    available when the local government issues a certificate of
 4  occupancy. Prior to the approval of a building permit, a local
    government must confirm that adequate water supplies will be
 5  available to serve the new development on the anticipated date
    of issuance of the certificate of occupancy. It requires
 6  transportation facilities to be under actual construction
    within 3 years after a local government approves a building
 7  permit or its functional equivalent that results in traffic
    generation. Also, by December 1, 2006, a local government is
 8  required to adopt a transportation concurrency management
    system by ordinance. By December 1, 2005, the Department of
 9  Transportation must provide a model transportation concurrency
    management system ordinance.
10  
    Under this CS, a local government's comprehensive plan must
11  include proportionate fair-share mitigation for schools, parks
    and recreation, and transportation. A local government's land
12  development regulations must include methodologies that will
    be applied to calculate proportionate fair-share mitigation.
13  
    As an incentive for development within urban service
14  boundaries established under the act, the CS provides an
    exemption from DRI review for proposed development within an
15  urban service boundary. It also provides an exemption from DRI
    review for proposed development within a Rural Land
16  Stewardship Area under certain  circumstances.Finally, the CS
    establishes the Transportation Regional Incentive Program for
17  the purpose of providing funds to improve regionally
    significant facilities in regional transportation areas. For a
18  2-year period, the CS allows the Department of Transportation
    to include right-of-way services as part of certain
19  design-build contracts and to combine the design and
    construction phases of any project into a single contract.
20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                 136

CODING: Words stricken are deletions; words underlined are additions.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader