October 22, 2020
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Senate Bill 0360

Senate Bill sb0360e1

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    CS for CS for CS for SB 360                    First Engrossed



  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; providing for a waiver

18         under certain circumstances; exempting certain

19         municipalities from such requirements;

20         requiring that the state land planning agency

21         establish a schedule for adopting and updating

22         the public school facilities element;

23         encouraging local governments to include a

24         community vision and an urban service boundary

25         as a component of their comprehensive plans;

26         prescribing taxing authority of local

27         governments doing so; repealing s. 163.31776,

28         F.S., relating to the public educational

29         facilities element; amending s. 163.31777,

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

31         schools interlocal agreement to conform to


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    CS for CS for CS for SB 360                    First Engrossed



 1         changes made by the act; requiring the school

 2         board to provide certain information to the

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

 4         revising requirements for concurrency;

 5         providing for schools to be subject to

 6         concurrency requirements; requiring that an

 7         adequate water supply be available for new

 8         development; revising requirements for

 9         transportation facilities; requiring that the

10         Department of Transportation be consulted

11         regarding certain level-of-service standards;

12         revising criteria and providing guidelines for

13         transportation concurrency exception areas;

14         requiring a local government to consider the

15         transportation level-of-service standards of

16         adjacent jurisdictions for certain roads;

17         providing a process to monitor de minimis

18         impacts; revising the requirements for a

19         long-term transportation concurrency management

20         system; providing for a long-term school

21         concurrency management system; requiring that

22         school concurrency be established on less than

23         a districtwide basis within 5 years; providing

24         certain exceptions; authorizing a local

25         government to approve a development order if

26         the developer executes a commitment to mitigate

27         the impacts on public school facilities;

28         providing for the adoption of a transportation

29         concurrency management system by ordinance;

30         providing requirements for proportionate

31         fair-share mitigation; amending s. 163.3184,


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    CS for CS for CS for SB 360                    First Engrossed



 1         F.S.; prescribing authority of local

 2         governments to adopt plan amendments after

 3         adopting community vision and an urban service

 4         boundary; providing for small scale plan

 5         amendment review under certain circumstances;

 6         providing exemptions; amending s. 163.3191,

 7         F.S.; providing additional requirements for the

 8         evaluation and assessment of the comprehensive

 9         plan for counties and municipalities that do

10         not have a public schools interlocal agreement;

11         revising requirements for the evaluation and

12         appraisal report; providing time limit for

13         amendments relating to the report; amending s.

14         212.055, F.S.; revising permissible rates for

15         charter county transit system surtax; revising

16         methods for approving such a surtax; providing

17         for a noncharter county to levy this surtax

18         under certain circumstances; limiting the

19         expenditure of the proceeds to a specified area

20         under certain circumstances; revising methods

21         for approving a local government infrastructure

22         surtax; limiting the expenditure of the

23         proceeds to a specified area under certain

24         circumstances; revising a ceiling on rates of

25         small county surtaxes; revising methods for

26         approving a school capital outlay surtax;

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

28         adjustment of the ninth-cent fuel tax and local

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

30         revising methods for approving such a fuel tax;

31         limiting authority of a county to impose the


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    CS for CS for CS for SB 360                    First Engrossed



 1         ninth-cent fuel tax without adopting a

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

 3         limiting authority of a county to impose the

 4         local option fuel tax without adopting a

 5         community vision; revising methods for

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

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

 8         the Department of Transportation; conforming

 9         provisions to changes made by the act;

10         requiring the Office of Program Policy Analysis

11         and Government Accountability to perform a

12         study of the boundaries of specified state

13         entities; requiring a report to the

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

15         providing a popular name; providing legislative

16         findings and intent; creating the Century

17         Commission for certain purposes; providing for

18         appointment of commission members; providing

19         for terms; providing for meetings and votes of

20         members; requiring members to serve without

21         compensation; providing for per diem and travel

22         expenses; providing powers and duties of the

23         commission; requiring the creation of a joint

24         select committee of the Legislature; providing

25         purposes; requiring the Secretary of Community

26         Affairs to select an executive director of the

27         commission; requiring the Department of

28         Community Affairs to provide staff for the

29         commission; providing for other agency staff

30         support for the commission; creating s.

31         339.2819, F.S.; creating the Transportation


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 1         Regional Incentive Program within the

 2         Department of Transportation; providing

 3         matching funds for projects meeting certain

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

 5         the inclusion of right-of-way services in

 6         certain design-build contracts; amending s.

 7         337.107, F.S., effective July 1, 2007;

 8         eliminating the inclusion of right-of-way

 9         services and as part of design-build contracts

10         under certain circumstances; amending s.

11         337.11, F.S.; allowing the Department of

12         Transportation to include right-of-way services

13         and design and construction into a single

14         contract; providing an exception; delaying

15         construction activities in certain

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

17         effective July 1, 2007; deleting language

18         allowing right-of-way services and design and

19         construction phases to be combined for certain

20         projects; deleting an exception; amending s.

21         380.06, F.S.; providing an exception; amending

22         s. 1013.33, F.S.; conforming provisions to

23         changes made by the act; amending s. 206.46,

24         F.S.; increasing the threshold for maximum debt

25         service for transfers in the State

26         Transportation Trust Fund; amending s. 339.08,

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

28         the State Transportation Trust Fund; amending

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

30         of regional transportation plans in Regional

31         Transportation Areas; amending s. 339.175,


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    CS for CS for CS for SB 360                    First Engrossed



 1         F.S.; making conforming changes to provisions

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

 3         for loans for certain projects from the

 4         state-funded infrastructure bank within the

 5         Department of Transportation; amending s.

 6         1013.64, F.S.; providing for the expenditure of

 7         funds in the Public Education Capital Outlay

 8         and Debt Service Trust Fund; amending s.

 9         1013.65, F.S.; providing funding for the

10         Classrooms for Kids Program; amending s.

11         201.15, F.S.; providing for the expenditure of

12         certain funds in the Land Acquisition Trust

13         Fund; providing for appropriations for the

14         2005-2006 fiscal year on a nonrecurring basis

15         for certain purposes; requiring the Department

16         of Transportation to amend the tentative work

17         program and budget for 2005-2006; prohibits

18         reversion of certain funds; providing a

19         declaration of important state interest;

20         providing effective dates.

21  

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

23  

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

25  163.3164, Florida Statutes, to read:

26         163.3164  Local Government Comprehensive Planning and

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

28  act:

29         (32)  "Financial feasibility" means that sufficient

30  revenues are currently available or will be available from

31  committed funding sources for the first 3 years, or will be


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    CS for CS for CS for SB 360                    First Engrossed



 1  available from committed or planned funding sources for years

 2  4 and 5, of a 5-year capital improvement schedule for

 3  financing capital improvements, such as ad valorem taxes,

 4  bonds, state and federal funds, tax revenues, impact fees, and

 5  developer contributions, which are adequate to fund the

 6  projected costs of the capital improvements identified in the

 7  comprehensive plan necessary to ensure that adopted

 8  level-of-service standards are achieved and maintained within

 9  the period covered by the 5-year schedule of capital

10  improvements.

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

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

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

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

15         163.3177  Required and optional elements of

16  comprehensive plan; studies and surveys.--

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

18  comprehensive plan shall be a major objective of the planning

19  process.  The several elements of the comprehensive plan shall

20  be consistent, and the comprehensive plan shall be financially

21  economically feasible. Financial feasibility shall be

22  determined using professionally accepted methodologies.

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

24  improvements element designed to consider the need for and the

25  location of public facilities in order to encourage the

26  efficient utilization of such facilities and set forth:

27         1.  A component which outlines principles for

28  construction, extension, or increase in capacity of public

29  facilities, as well as a component which outlines principles

30  for correcting existing public facility deficiencies, which

31  


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    CS for CS for CS for SB 360                    First Engrossed



 1  are necessary to implement the comprehensive plan.  The

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

 3         2.  Estimated public facility costs, including a

 4  delineation of when facilities will be needed, the general

 5  location of the facilities, and projected revenue sources to

 6  fund the facilities.

 7         3.  Standards to ensure the availability of public

 8  facilities and the adequacy of those facilities including

 9  acceptable levels of service.

10         4.  Standards for the management of debt.

11         5.  A schedule of capital improvements which includes

12  publicly funded projects, and which may include privately

13  funded projects for which the local government has no fiscal

14  responsibility, necessary to ensure that adopted

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

16  capital improvements that will be funded by the developer,

17  financial feasibility shall be demonstrated by being

18  guaranteed in an enforceable development agreement or

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

20  enforceable agreement. These development agreements and

21  interlocal agreements shall be reflected in the schedule of

22  capital improvements if the capital improvement is necessary

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

24  government uses planned revenue sources that require referenda

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

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

27  secure the planned revenue source, identify other existing

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

29  or otherwise amend the plan to ensure financial feasibility.

30         6.  The schedule must include transportation

31  improvements included in the applicable metropolitan planning


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    CS for CS for CS for SB 360                    First Engrossed



 1  organization's transportation improvement program adopted

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

 3  are relied upon to ensure concurrency and financial

 4  feasibility. The schedule must also be coordinated with the

 5  applicable metropolitan planning organization's long-range

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

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

 8  reviewed on an annual basis and modified as necessary in

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

10  maintain a financially feasible 5-year schedule of capital

11  improvements., except that Corrections, updates, and

12  modifications concerning costs; revenue sources; or acceptance

13  of facilities pursuant to dedications which are consistent

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

15  enumerated in the capital improvements element may be

16  accomplished by ordinance and shall not be deemed to be

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

18  ordinance shall be transmitted to the state land planning

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

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

21  or delay the construction for any facility listed in the

22  5-year schedule.  All public facilities shall be consistent

23  with the capital improvements element. Amendments to implement

24  this section must be adopted and transmitted no later than

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

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

27  new requirements under this part and emergency amendments

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

29  every year thereafter, unless and until the local government

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

31  the state land planning agency.


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 1         2.  Capital improvements element amendments adopted

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

 3  single public hearing before the governing board which shall

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

 5  amendments are not subject to the requirements of s.

 6  163.3184(3)-(6).

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

 8  required annual update to the schedule of capital improvements

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

10  land planning agency must notify the Administration

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

12  commitment to meeting its obligations identified in the

13  capital improvement element may be subject to sanctions by the

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

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

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

17  must also adopt a long-term capital improvements schedule

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

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

20  capital improvements must be financially feasible.

21         (6)  In addition to the requirements of subsections

22  (1)-(5) and (12), the comprehensive plan shall include the

23  following elements:

24         (a)  A future land use plan element designating

25  proposed future general distribution, location, and extent of

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

27  industry, agriculture, recreation, conservation, education,

28  public buildings and grounds, other public facilities, and

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

30  Counties are encouraged to designate rural land stewardship

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


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    CS for CS for CS for SB 360                    First Engrossed



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

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

 3  include standards to be followed in the control and

 4  distribution of population densities and building and

 5  structure intensities. The proposed distribution, location,

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

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

 8  supplemented by goals, policies, and measurable objectives.

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

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

11  required to accommodate anticipated growth; the projected

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

13  availability of water supplies, public facilities, and

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

15  blighted areas and the elimination of nonconforming uses which

16  are inconsistent with the character of the community; the

17  compatibility of uses on lands adjacent to or closely

18  proximate to military installations; and, in rural

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

20  and economic development that will strengthen and diversify

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

22  designate areas for future planned development use involving

23  combinations of types of uses for which special regulations

24  may be necessary to ensure development in accord with the

25  principles and standards of the comprehensive plan and this

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

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

28  proximate lands with military installations. In addition, for

29  rural communities, the amount of land designated for future

30  planned industrial use shall be based upon surveys and studies

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


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    CS for CS for CS for SB 360                    First Engrossed



 1  and the necessity to strengthen and diversify the local

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

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

 4  a county may also designate areas for possible future

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

 6  generally identify and depict historic district boundaries and

 7  shall designate historically significant properties meriting

 8  protection.  The future land use element must clearly identify

 9  the land use categories in which public schools are an

10  allowable use.  When delineating the land use categories in

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

12  shall include in the categories sufficient land proximate to

13  residential development to meet the projected needs for

14  schools in coordination with public school boards and may

15  establish differing criteria for schools of different type or

16  size.  Each local government shall include lands contiguous to

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

18  the land use categories in which public schools are an

19  allowable use. All comprehensive plans must comply with the

20  school siting requirements of this paragraph no later than

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

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

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

24  amend the local comprehensive plan, except for plan amendments

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

26  requirements are met. Amendments proposed by a local

27  government for purposes of identifying the land use categories

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

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

30  are exempt from the limitation on the frequency of plan

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


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    CS for CS for CS for SB 360                    First Engrossed



 1  element shall include criteria that encourage the location of

 2  schools proximate to urban residential areas to the extent

 3  possible and shall require that the local government seek to

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

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

 6  encourage the use of elementary schools as focal points for

 7  neighborhoods. For schools serving predominantly rural

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

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

10  the location of public school facilities if the local

11  comprehensive plan contains school siting criteria and the

12  location is consistent with such criteria. Local governments

13  required to update or amend their comprehensive plan to

14  include criteria and address compatibility of adjacent or

15  closely proximate lands with existing military installations

16  in their future land use plan element shall transmit the

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

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

19  potable water, and natural groundwater aquifer recharge

20  element correlated to principles and guidelines for future

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

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

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

24  detailed engineering plan including a topographic map

25  depicting areas of prime groundwater recharge. The element

26  shall describe the problems and needs and the general

27  facilities that will be required for solution of the problems

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

29  depicting any areas adopted by a regional water management

30  district as prime groundwater recharge areas for the Floridan

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


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 1  shall be given special consideration when the local government

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

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

 4  surveys shall be provided which indicate the suitability of

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

 6  board approves an updated regional water supply plan By

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

 8  water supply project or projects selected by the local

 9  government from those identified in the regional water supply

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

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

12  water management district's regional water supply plan

13  approved pursuant to s. 373.0361. If a local government is

14  located within two water management districts, the local

15  government shall adopt its comprehensive plan amendment within

16  18 months after the later updated regional water supply plan.

17  The element must identify such alternative water supply

18  projects and traditional water supply projects and

19  conservation and reuse necessary to meet the water needs

20  identified in s. 373.0361(2)(a) within the local government's

21  jurisdiction and include a work plan, covering at least a 10

22  year planning period, for building public, private, and

23  regional water supply facilities, including development of

24  alternative water supplies, which that are identified in the

25  element as necessary to serve existing and new development and

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

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

28  months after the governing board of a water management

29  district approves an updated regional water supply plan.

30  Amendments to incorporate the work plan do not count toward

31  the limitation on the frequency of adoption of amendments to


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 1  the comprehensive plan. Local governments, public and private

 2  utilities, regional water supply authorities, special

 3  districts, and water management districts are encouraged to

 4  cooperatively plan for the development of multijurisdictional

 5  water supply facilities that are sufficient to meet projected

 6  demands for established planning periods, including the

 7  development of alternative water sources to supplement

 8  traditional sources of ground and surface water supplies.

 9         (h)1.  An intergovernmental coordination element

10  showing relationships and stating principles and guidelines to

11  be used in the accomplishment of coordination of the adopted

12  comprehensive plan with the plans of school boards, regional

13  water supply authorities, and other units of local government

14  providing services but not having regulatory authority over

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

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

17  with the state comprehensive plan and with the applicable

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

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

20  preparation may exist.  This element of the local

21  comprehensive plan shall demonstrate consideration of the

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

23  development of adjacent municipalities, the county, adjacent

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

25  as the case may require.

26         a.  The intergovernmental coordination element shall

27  provide for procedures to identify and implement joint

28  planning areas, especially for the purpose of annexation,

29  municipal incorporation, and joint infrastructure service

30  areas.

31  


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    CS for CS for CS for SB 360                    First Engrossed



 1         b.  The intergovernmental coordination element shall

 2  provide for recognition of campus master plans prepared

 3  pursuant to s. 1013.30.

 4         c.  The intergovernmental coordination element may

 5  provide for a voluntary dispute resolution process as

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

 7  a timely manner intergovernmental disputes.  A local

 8  government may develop and use an alternative local dispute

 9  resolution process for this purpose.

10         2.  The intergovernmental coordination element shall

11  further state principles and guidelines to be used in the

12  accomplishment of coordination of the adopted comprehensive

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

14  government providing facilities and services but not having

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

16  intergovernmental coordination element shall describe joint

17  processes for collaborative planning and decisionmaking on

18  population projections and public school siting, the location

19  and extension of public facilities subject to concurrency, and

20  siting facilities with countywide significance, including

21  locally unwanted land uses whose nature and identity are

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

23  intergovernmental coordination elements, each county, all the

24  municipalities within that county, the district school board,

25  and any unit of local government service providers in that

26  county shall establish by interlocal or other formal agreement

27  executed by all affected entities, the joint processes

28  described in this subparagraph consistent with their adopted

29  intergovernmental coordination elements.

30         3.  To foster coordination between special districts

31  and local general-purpose governments as local general-purpose


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 1  governments implement local comprehensive plans, each

 2  independent special district must submit a public facilities

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

 4  189.415.

 5         4.a.  Local governments adopting a public educational

 6  facilities element pursuant to s. 163.31776 must execute an

 7  interlocal agreement with the district school board, the

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

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

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

11  intergovernmental coordination element to provide that

12  coordination between the local government and school board is

13  pursuant to the agreement and shall state the obligations of

14  the local government under the agreement.

15         b.  Plan amendments that comply with this subparagraph

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

17         5.  The state land planning agency shall establish a

18  schedule for phased completion and transmittal of plan

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

20  jurisdictions so as to accomplish their adoption by December

21  31, 1999.  A local government may complete and transmit its

22  plan amendments to carry out these provisions prior to the

23  scheduled date established by the state land planning agency.

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

25  163.3187(1).

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

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

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

29  Department of Community Affairs which:

30         a.  Identifies all existing or proposed interlocal

31  service-delivery agreements regarding the following:


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    CS for CS for CS for SB 360                    First Engrossed



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

 2  drainage; potable water; parks and recreation; and

 3  transportation facilities.

 4         b.  Identifies any deficits or duplication in the

 5  provision of services within its jurisdiction, whether capital

 6  or operational. Upon request, the Department of Community

 7  Affairs shall provide technical assistance to the local

 8  governments in identifying deficits or duplication.

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

10  Department of Community Affairs shall, through the appropriate

11  regional planning council, coordinate a meeting of all local

12  governments within the regional planning area to discuss the

13  reports and potential strategies to remedy any identified

14  deficiencies or duplications.

15         8.  Each local government shall update its

16  intergovernmental coordination element based upon the findings

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

18  may be used as supporting data and analysis for the

19  intergovernmental coordination element.

20         9.  By February 1, 2003, Representatives of

21  municipalities, counties, and special districts shall provide

22  to the Legislature recommended statutory changes for

23  annexation, including any changes that address the delivery of

24  local government services in areas planned for annexation.

25         (12)  A public school facilities element adopted to

26  implement a school concurrency program shall meet the

27  requirements of this subsection. Each county and each

28  municipality within the county, unless exempt or subject to a

29  waiver, must adopt a public school facilities element that is

30  consistent with those adopted by the other local governments

31  


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 1  within the county and enter the interlocal agreement pursuant

 2  to s. 163.31777.

 3         (a)  The state land planning agency may provide a

 4  waiver to a county and to the municipalities within the county

 5  if the capacity rate for all schools within the school

 6  district is no greater than 100 percent and the projected

 7  5-year capital outlay full-time equivalent student growth rate

 8  is less than 10 percent. The state land planning agency may

 9  allow for a single school to exceed the 100-percent limitation

10  if it can be demonstrated that the capacity rate for that

11  single school is not greater than 105 percent. In making this

12  determination, the state land planning agency shall consider

13  the following criteria:

14         1.  Whether the exceedance is due to temporary

15  circumstances;

16         2.  Whether the projected 5-year capital outlay full

17  time equivalent student growth rate for the school district is

18  approaching the 10-percent threshold;

19         3.  Whether one or more additional schools within the

20  school district are at or approaching the 100-percent

21  threshold; and

22         4.  The adequacy of the data and analysis submitted to

23  support the waiver request.

24         (b)  A municipality in a nonexempt county is exempt if

25  the municipality meets all of the following criteria for

26  having no significant impact on school attendance:

27         1.  The municipality has issued development orders for

28  fewer than 50 residential dwelling units during the preceding

29  5 years, or the municipality has generated fewer than 25

30  additional public school students during the preceding 5

31  years.


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 1         2.  The municipality has not annexed new land during

 2  the preceding 5 years in land use categories that permit

 3  residential uses that will affect school attendance rates.

 4         3.  The municipality has no public schools located

 5  within its boundaries.

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

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

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

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

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

11  163.31777 and the 5-year school district facilities work

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

13  survey prepared pursuant to s. 1013.31 and an existing

14  educational and ancillary plant map or map series; information

15  on existing development and development anticipated for the

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

17  problems and opportunities for existing schools and schools

18  anticipated in the future; an analysis of opportunities to

19  collocate future schools with other public facilities such as

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

21  need for supporting public facilities for existing and future

22  schools; an analysis of opportunities to locate schools to

23  serve as community focal points; projected future population

24  and associated demographics, including development patterns

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

26  periods; and anticipated educational and ancillary plants with

27  land area requirements.

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

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

30  programs and activities are ultimately directed.

31  


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

 2  objectives for each goal, setting specific, measurable,

 3  intermediate ends that are achievable and mark progress toward

 4  the goal.

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

 6  for each objective which establish the way in which programs

 7  and activities will be conducted to achieve an identified

 8  goal.

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

10  such as:

11         1.  The procedure for an annual update process;

12         2.  The procedure for school site selection;

13         3.  The procedure for school permitting;

14         4.  Provision for of supporting infrastructure

15  necessary to support proposed schools, including potable

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

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

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

19         5.  Provision for colocation of other public

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

21  in proximity to public schools;

22         6.  Provision for location of schools proximate to

23  residential areas and to complement patterns of development,

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

25  community focal points;

26         7.  Measures to ensure compatibility of school sites

27  and surrounding land uses;

28         8.  Coordination with adjacent local governments and

29  the school district on emergency preparedness issues,

30  including the use of public schools to serve as emergency

31  shelters; and


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 1         9.  Coordination with the future land use element.

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

 3  conditions maps which depict the anticipated location of

 4  educational and ancillary plants, including the general

 5  location of improvements to existing schools or new schools

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

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

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

 9  indicating general locations of future schools or school

10  improvements may not prescribe a land use on a particular

11  parcel of land.

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

13  phased schedule for adoption of the public school facilities

14  element and the required updates to the public schools

15  interlocal agreement pursuant to s. 163.31777. The schedule

16  shall provide for each county and local government within the

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

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

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

20  163.3187(1).

21         (i)  Failure to adopt the public school facility

22  element, to enter into an approved interlocal agreement as

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

24  the comprehensive plan as necessary to implement school

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

26  a local government being prohibited from adopting amendments

27  to the comprehensive plan which increase residential density

28  until the necessary amendments have been adopted and

29  transmitted to the state land planning agency.

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

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


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 1  be enforced for failure to enter into an approved interlocal

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

 3  implement the provisions of this act relating to public school

 4  concurrency. The school board may be subject to sanctions

 5  imposed by the Administration Commission directing the

 6  Department of Education to withhold from the district school

 7  board an equivalent amount of funds for school construction

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

 9  1013.72.

10         (13)  Local governments are encouraged to develop a

11  community vision that provides for sustainable growth,

12  recognizes its fiscal constraints, and protects its natural

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

14  applicable regional planning council shall provide assistance

15  in the development of a community vision.

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

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

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

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

20  government must hold at least one public workshop with

21  stakeholder groups such as neighborhood associations,

22  community organizations, businesses, private property owners,

23  housing and development interests, and environmental

24  organizations.

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

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

27  public meetings required under paragraph (a):

28         1.  Future growth in the area using population

29  forecasts from the Bureau of Economic and Business Research;

30         2.  Priorities for economic development;

31  


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 1         3.  Preservation of open space, environmentally

 2  sensitive lands, and agricultural lands;

 3         4.  Appropriate areas and standards for mixed-use

 4  development;

 5         5.  Appropriate areas and standards for high-density

 6  commercial and residential development;

 7         6.  Appropriate areas and standards for

 8  economic-development opportunities and employment centers;

 9         7.  Provisions for adequate workforce housing;

10         8.  An efficient, interconnected multimodal

11  transportation system; and

12         9.  Opportunities to create land use patterns that

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

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

15  local government must discuss strategies for addressing the

16  topics discussed under paragraph (b), including:

17         1.  Strategies to preserve open space and

18  environmentally sensitive lands, and to encourage a healthy

19  agricultural economy, including innovative planning and

20  development strategies, such as the transfer of development

21  rights;

22         2.  Incentives for mixed-use development, including

23  increased height and intensity standards for buildings that

24  provide residential use in combination with office or

25  commercial space;

26         3.  Incentives for workforce housing;

27         4.  Designation of an urban service boundary pursuant

28  to subsection (2); and

29         5.  Strategies to provide mobility within the community

30  and to protect the Strategic Intermodal System, including the

31  


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 1  development of a transportation corridor management plan under

 2  s. 337.273.

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

 4  shared concept for growth and development of the community,

 5  including visual representations depicting the desired

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

 7  10-year planning timeframe. The community vision must also

 8  take into consideration economic viability of the vision and

 9  private property interests.

10         (e)  After the workshops and public meetings required

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

12  its comprehensive plan to include the community vision as a

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

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

15  163.3189 at public hearings of the governing body other than

16  those identified in paragraph (a).

17         (f)  Amendments submitted under this subsection are

18  exempt from the limitation on the frequency of plan amendments

19  in s. 163.3187.

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

21  the plan amendment incorporating the vision has been found in

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

23  336.025(1)(b) by a majority vote of its governing body.

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

25  component of the comprehensive plan and the plan amendment

26  incorporating the community vision as a component has been

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

28  336.021(1)(a) by a majority vote of its governing body.

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

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

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


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

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

 3  comprehensive plan or reflected in subsequently adopted land

 4  development regulations and the plan amendment incorporating

 5  the community vision as a component has been found in

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

 7  336.025(1)(b) and the ninth-cent fuel tax under s.

 8  336.021(1)(a) by a majority vote of its governing body.

 9         (14)  Local governments are also encouraged to

10  designate an urban service boundary. This area must be

11  appropriate for compact, contiguous urban development within a

12  10-year planning timeframe. The urban service area boundary

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

14  The local government shall demonstrate that the land included

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

16  be served with adequate public facilities and services based

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

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

19  improvements element which is financially feasible. The local

20  government shall demonstrate that the amount of land within

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

22  needed to accommodate the projected population growth at

23  densities consistent with the adopted comprehensive plan

24  within the 10-year planning timeframe.

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

26  service boundary, the local government must hold two public

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

28  planning agency. Before those public meetings, the local

29  government must hold at least one public workshop with

30  stakeholder groups such as neighborhood associations,

31  community organizations, businesses, private property owners,


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 1  housing and development interests, and environmental

 2  organizations.

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

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

 5  its comprehensive plan to include the urban service boundary.

 6  This plan amendment must be transmitted and adopted pursuant

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

 8  the governing body other than those required under paragraph

 9  (a).

10         2.  This subsection does not prohibit new development

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

12  that establishes an urban service boundary under this

13  subsection is encouraged to require a full-cost accounting

14  analysis for any new development outside the boundary and to

15  consider the results of that analysis when adopting a plan

16  amendment for property outside the established urban service

17  boundary.

18         (c)  Amendments submitted under this subsection are

19  exempt from the limitation on the frequency of plan amendments

20  in s. 163.3187.

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

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

23  subsection as part of its comprehensive plan and the plan

24  amendments incorporating the vision and the urban service

25  boundary have been found in compliance may levy the charter

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

27  vote of the governing body.

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

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

30  subsection and the plan amendments incorporating the vision

31  and the urban service boundary have been found in compliance


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 1  may levy the local government infrastructure surtax under s.

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

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

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

 5  subsection and the plan amendment incorporating the vision and

 6  the urban service boundary has been found in compliance may

 7  levy the local government infrastructure surtax under s.

 8  212.055(2) and the small county surtax under s. 212.055(3) by

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

10  up to 2 percent.

11         Section 3.  Section 163.31776, Florida Statutes, is

12  repealed.

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

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

15         163.31777  Public schools interlocal agreement.--

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

17  address interlocal-agreement requirements in s.

18  163.3180(13)(g), except for exempt local governments as

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

20  issues:

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

22  district school board agree and base their plans on consistent

23  projections of the amount, type, and distribution of

24  population growth and student enrollment. The geographic

25  distribution of jurisdiction-wide growth forecasts is a major

26  objective of the process.

27         (b)  A process to coordinate and share information

28  relating to existing and planned public school facilities,

29  including school renovations and closures, and local

30  government plans for development and redevelopment.

31  


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 1         (c)  Participation by affected local governments with

 2  the district school board in the process of evaluating

 3  potential school closures, significant renovations to existing

 4  schools, and new school site selection before land

 5  acquisition. Local governments shall advise the district

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

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

 8  including appropriate circumstances and criteria under which a

 9  district school board may request an amendment to the

10  comprehensive plan for school siting.

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

12  of onsite and offsite improvements to support new, proposed

13  expansion, or redevelopment of existing schools. The process

14  must address identification of the party or parties

15  responsible for the improvements.

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

17  government regarding the effect of comprehensive plan

18  amendments on school capacity. The capacity reporting must be

19  consistent with laws and rules relating to measurement of

20  school facility capacity and must also identify how the

21  district school board will meet the public school demand based

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

23         (f)  Participation of the local governments in the

24  preparation of the annual update to the district school

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

26  educational plant survey prepared pursuant to s. 1013.35.

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

28  of either school board or local government facilities can be

29  shared for mutual benefit and efficiency.

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

31  the district school board and local governments, which may


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 1  include the dispute resolution processes contained in chapters

 2  164 and 186.

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

 4  public participation, for the implementation of the interlocal

 5  agreement.

 6  

 7  A signatory to the interlocal agreement may elect not to

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

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

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

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

12  the interlocal agreement. An interlocal agreement entered into

13  pursuant to this section must be consistent with the adopted

14  comprehensive plan and land development regulations of any

15  local government that is a signatory.

16         (5)  Any local government transmitting a public school

17  element to implement school concurrency pursuant to the

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

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

20  agreement to conform with the provisions of this section if

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

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

23  county conducts its evaluation and appraisal report and

24  identifies changes necessary to more fully conform to the

25  provisions of this section.

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

27  municipalities meeting the exemption criteria in s.

28  163.3177(12) having no established need for a new school

29  facility and meeting the following criteria are exempt from

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

31  


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 1         (a)  The municipality has no public schools located

 2  within its boundaries.

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

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

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

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

 7  district school board must verify in writing that no new

 8  school facility will be needed in the municipality within the

 9  5-year and 10-year timeframes.

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

11  report, each exempt municipality shall assess the extent to

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

13  163.3177(12) subsection (6). If the municipality continues to

14  meet these criteria and the district school board verifies in

15  writing that no new school facilities will be needed within

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

17  continue to be exempt from the interlocal-agreement

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

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

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

21  5-year district facilities work program, a new school within

22  the municipality's jurisdiction.

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

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

25  (7), (9), (10), (13), and (15) of section 163.3180, Florida

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

27  to that section, to read:

28         163.3180  Concurrency.--

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

30  water, parks and recreation, schools, and transportation

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


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 1  only public facilities and services subject to the concurrency

 2  requirement on a statewide basis. Additional public facilities

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

 4  statewide basis without appropriate study and approval by the

 5  Legislature; however, any local government may extend the

 6  concurrency requirement so that it applies to additional

 7  public facilities within its jurisdiction.

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

 9  sanitary sewer, solid waste, drainage, adequate water

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

11  available to serve new development no later than the issuance

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

13  functional equivalent. Prior to approval of a building permit

14  or its functional equivalent, the local government shall

15  consult with the applicable water supplier to determine

16  whether adequate water supplies to serve the new development

17  will be available no later than the anticipated date of

18  issuance by the local government of a certificate of occupancy

19  or its functional equivalent.

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

21  otherwise provided in this section, parks and recreation

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

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

24  local government of a certificate of occupancy or its

25  functional equivalent.  However, the acreage for such

26  facilities shall be dedicated or be acquired by the local

27  government prior to issuance by the local government of a

28  certificate of occupancy or its functional equivalent, or

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

30  committed no later than prior to issuance by the local

31  


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 1  government's approval to commence construction government of a

 2  certificate of occupancy or its functional equivalent.

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

 4  otherwise provided in this section, transportation facilities

 5  designated as part of the Florida Intrastate Highway System

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

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

 8  local government approves a building permit or its functional

 9  equivalent that results in traffic generation issuance by the

10  local government of a certificate of occupancy or its

11  functional equivalent. Other transportation facilities needed

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

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

14  government of a certificate of occupancy or its functional

15  equivalent.

16         (4)

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

18  to transportation facilities and public schools, as

19  implemented in local government comprehensive plans, may be

20  waived by a local government for urban infill and

21  redevelopment areas designated pursuant to s. 163.2517 if such

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

23  by the local government in its local government comprehensive

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

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

26  local government may grant a concurrency exception pursuant to

27  subsection (5) for transportation facilities located within

28  these urban infill and redevelopment areas.

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

30  circumstances dealing with transportation facilities,

31  countervailing planning and public policy goals may come into


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 1  conflict with the requirement that adequate public facilities

 2  and services be available concurrent with the impacts of such

 3  development.  The Legislature further finds that often the

 4  unintended result of the concurrency requirement for

 5  transportation facilities is the discouragement of urban

 6  infill development and redevelopment.  Such unintended results

 7  directly conflict with the goals and policies of the state

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

 9  exceptions from the concurrency requirement for transportation

10  facilities may be granted as provided by this subsection.

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

12  concurrency requirement for transportation facilities if the

13  proposed development is otherwise consistent with the adopted

14  local government comprehensive plan and is a project that

15  promotes public transportation or is located within an area

16  designated in the comprehensive plan for:

17         1.  Urban infill development,

18         2.  Urban redevelopment,

19         3.  Downtown revitalization, or

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

21         (c)  The Legislature also finds that developments

22  located within urban infill, urban redevelopment, existing

23  urban service, or downtown revitalization areas or areas

24  designated as urban infill and redevelopment areas under s.

25  163.2517 which pose only special part-time demands on the

26  transportation system should be excepted from the concurrency

27  requirement for transportation facilities.  A special

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

29  scheduled events during any calendar year and does not affect

30  the 100 highest traffic volume hours.

31  


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    CS for CS for CS for SB 360                    First Engrossed



 1         (d)  A local government shall establish guidelines in

 2  the comprehensive plan for granting the exceptions authorized

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

 4  must be consistent with and support a comprehensive strategy

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

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

 7  implement strategies to support and fund mobility within the

 8  designated exception area, including alternative modes of

 9  transportation. The plan amendment shall also demonstrate how

10  strategies will support the purpose of the exception and how

11  mobility within the designated exception area will be

12  provided.  In addition, the strategies must address urban

13  design; appropriate land use mixes, including intensity and

14  density; and network connectivity plans needed to promote

15  urban infill, redevelopment, or downtown revitalization.  The

16  comprehensive plan amendment designating the concurrency

17  exception area shall be accompanied by data and analysis

18  justifying the size of the area.

19         (f)  Prior to the designation of a concurrency

20  exception area, the Department of Transportation shall be

21  consulted by the local government to assess the impact that

22  the proposed exception area is expected to have on the adopted

23  level of service standards established for Strategic

24  Intermodal System facilities, as defined in s. 339.64, and

25  roadway facilities funded in accordance with s. 339.2819.

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

27  Department of Transportation, develop a plan to mitigate any

28  impacts to the Strategic Intermodal System, including, if

29  appropriate, the development of a long-term concurrency

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

31  163.3180(9). in the comprehensive plan. These guidelines must


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    CS for CS for CS for SB 360                    First Engrossed



 1  include consideration of the impacts on the Florida Intrastate

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

 3  be available only within the specific geographic area of the

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

 5  any affected person may challenge a plan amendment

 6  establishing these guidelines and the areas within which an

 7  exception could be granted.

 8         (g)  Transportation concurrency exception areas

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

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

11  the comprehensive plan update pursuant to the evaluation and

12  appraisal report, whichever occurs last.

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

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

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

16  volume at the adopted level of service of the affected

17  transportation facility as determined by the local government.

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

19  volumes and the projected volumes from approved projects on a

20  transportation facility would exceed 110 percent of the

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

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

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

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

25  deficiency of the roadway. Local governments are encouraged to

26  adopt methodologies to encourage de minimis impacts on

27  transportation facilities within an existing urban service

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

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

30  designated hurricane evacuation routes. Each local government

31  shall maintain sufficient records to ensure that the


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    CS for CS for CS for SB 360                    First Engrossed



 1  110-percent criterion is not exceeded. Each local government

 2  shall submit annually, with its updated capital improvements

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

 4  land planning agency determines that the 110-percent criterion

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

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

 7  minimis exceptions for the applicable roadway may be granted

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

 9  percent. The local government shall provide proof of this

10  reduction to the state land planning agency before issuing

11  further de minimis exceptions.

12         (7)  In order to promote infill development and

13  redevelopment, one or more transportation concurrency

14  management areas may be designated in a local government

15  comprehensive plan. A transportation concurrency management

16  area must be a compact geographic area with an existing

17  network of roads where multiple, viable alternative travel

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

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

20  for such a transportation concurrency management area based

21  upon an analysis that provides for a justification for the

22  areawide level of service, how urban infill development or

23  redevelopment will be promoted, and how mobility will be

24  accomplished within the transportation concurrency management

25  area. Prior to the designation of a concurrency management

26  area, the Department of Transportation shall be consulted by

27  the local government to assess the impact that the proposed

28  concurrency management area is expected to have on the adopted

29  level of service standards established for Strategic

30  Intermodal System facilities, as defined in s. 339.64, and

31  roadway facilities funded in accordance with s. 339.2819.


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    CS for CS for CS for SB 360                    First Engrossed



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

 2  Department of Transportation, develop a plan to mitigate any

 3  impacts to the Strategic Intermodal System, including, if

 4  appropriate, the development of a long-term concurrency

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

 6  163.3180(9). Transportation concurrency management areas

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

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

 9  the comprehensive plan update pursuant to the evaluation and

10  appraisal report, whichever occurs last. The state land

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

12  Administrative Code, to be consistent with this subsection.

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

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

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

16  years for specially designated districts or areas where

17  significant backlogs exist. The plan may include interim

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

19  rely on the local government's schedule of capital

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

21  development orders that authorize commencement of construction

22  permits in these designated districts or areas. The

23  concurrency management system. It must be designed to correct

24  existing deficiencies and set priorities for addressing

25  backlogged facilities. The concurrency management system It

26  must be financially feasible and consistent with other

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

28  use map.

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

30  school facility backlog for existing development which cannot

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


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    CS for CS for CS for SB 360                    First Engrossed



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

 2  schedule of capital improvements covering of up to 15 years

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

 4  between that local government and all other similarly situated

 5  local jurisdictions, using the following factors:

 6         1.  The extent of the backlog.

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

 8  roads.

 9         3.  The cost of eliminating the backlog.

10         4.  The local government's tax and other

11  revenue-raising efforts.

12         (c)  The local government may issue approvals to

13  commence construction notwithstanding s. 163.3180, consistent

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

15  management system.

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

17  concurrency management system, it must evaluate the system

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

19  its progress toward improving levels of service within the

20  long-term concurrency management district or area in the

21  evaluation and appraisal report and determine any changes that

22  are necessary to accelerate progress in meeting acceptable

23  levels of service.

24         (10)  With regard to roadway facilities on the

25  Strategic Intermodal System designated in accordance with ss.

26  339.61, 339.62, 339.63, and 339.64, the Florida Intrastate

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

28  facilities funded in accordance with s. 339.2819 with

29  concurrence from the Department of Transportation, the

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

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


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    CS for CS for CS for SB 360                    First Engrossed



 1  local government in the comprehensive plan. For all other

 2  facilities on the Florida Intrastate Highway System, local

 3  governments shall adopt the level-of-service standard

 4  established by the Department of Transportation by rule.  For

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

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

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

 8  established by the Department of Transportation. In

 9  establishing adequate level-of-service standards for any

10  arterial roads, or collector roads as appropriate, which

11  traverse multiple jurisdictions, local governments shall

12  consider compatibility with the roadway facility's adopted

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

14  local government within a county shall use a professionally

15  accepted methodology for measuring impacts on transportation

16  facilities for the purposes of implementing its concurrency

17  management system. Counties are encouraged to coordinate with

18  adjacent counties, and local governments within a county are

19  encouraged to coordinate, for the purpose of using common

20  methodologies for measuring impacts on transportation

21  facilities for the purpose of implementing their concurrency

22  management systems.

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

24  shall be established on a districtwide basis and shall include

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

26  district, whether located in a municipality or an

27  unincorporated area unless exempt from the public school

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

29  application of school concurrency to development shall be

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

31  local governments within a county, except as provided in


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

 2  planning agency the necessary plan amendments, along with the

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

 4  163.3184(7) and (8). School concurrency shall not become

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

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

 7  amendments, which together with the interlocal agreement, are

 8  determined to be in compliance with the requirements of this

 9  part. The minimum requirements for school concurrency are the

10  following:

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

12  government shall adopt and transmit to the state land planning

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

14  facilities element which is consistent with the requirements

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

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

17  school facilities plan elements within a county must be

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

19  part.

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

21  recognizes that an essential requirement for a concurrency

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

23  facility is expected to operate.

24         1.  Local governments and school boards imposing school

25  concurrency shall exercise authority in conjunction with each

26  other to establish jointly adequate level-of-service

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

28  Code, necessary to implement the adopted local government

29  comprehensive plan, based on data and analysis.

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

31  included and adopted into the capital improvements element of


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    CS for CS for CS for SB 360                    First Engrossed



 1  the local comprehensive plan and shall apply districtwide to

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

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

 4  purpose facilities such as magnet schools.

 5         3.  Local governments and school boards shall have the

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

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

 8  circumstances warrant.

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

10  essential requirement for a concurrency system is a

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

12  be measured when an application for a residential development

13  permit is reviewed for school concurrency purposes. This

14  delineation is also important for purposes of determining

15  whether the local government has a financially feasible public

16  school capital facilities program that will provide schools

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

18  standards.

19         1.  In order to balance competing interests, preserve

20  the constitutional concept of uniformity, and avoid disruption

21  of existing educational and growth management processes, local

22  governments are encouraged to initially apply school

23  concurrency to development only on a districtwide basis so

24  that a concurrency determination for a specific development

25  will be based upon the availability of school capacity

26  districtwide. To ensure that development is coordinated with

27  schools having available capacity, within 5 years after

28  adoption of school concurrency, local governments shall apply

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

30  using school attendance zones or concurrency service areas, as

31  provided in subparagraph 2.


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    CS for CS for CS for SB 360                    First Engrossed



 1         2.  For local governments applying school concurrency

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

 3  attendance zones or larger school concurrency service areas,

 4  local governments and school boards shall have the burden to

 5  demonstrate that the utilization of school capacity is

 6  maximized to the greatest extent possible in the comprehensive

 7  plan and amendment, taking into account transportation costs

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

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

10  the service area boundaries selected by local governments and

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

12  standards for establishing those boundaries, shall be

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

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

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

16  concurrency system shall be by plan amendment and shall be

17  exempt from the limitation on the frequency of plan amendments

18  in s. 163.3187(1).

19         3.  Where school capacity is available on a

20  districtwide basis but school concurrency is applied on a less

21  than districtwide basis in the form of concurrency service

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

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

24  a development permit and if the needed capacity for the

25  particular service area is available in one or more contiguous

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

27  local government may not deny an application for site plan or

28  final subdivision approval or the functional equivalent for a

29  development or phase of a development on the basis of school

30  concurrency, and if order shall be issued, development impacts

31  shall be shifted to contiguous service areas with schools


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    CS for CS for CS for SB 360                    First Engrossed



 1  having available capacity and mitigation measures shall not be

 2  exacted.

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

 4  that financial feasibility is an important issue because the

 5  premise of concurrency is that the public facilities will be

 6  provided in order to achieve and maintain the adopted

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

 8  Administrative Code, contain specific standards to determine

 9  the financial feasibility of capital programs. These standards

10  were adopted to make concurrency more predictable and local

11  governments more accountable.

12         1.  A comprehensive plan amendment seeking to impose

13  school concurrency shall contain appropriate amendments to the

14  capital improvements element of the comprehensive plan,

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

16  9J-5.016, Florida Administrative Code. The capital

17  improvements element shall set forth a financially feasible

18  public school capital facilities program, established in

19  conjunction with the school board, that demonstrates that the

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

21  maintained.

22         2.  Such amendments shall demonstrate that the public

23  school capital facilities program meets all of the financial

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

25  Administrative Code, that apply to capital programs which

26  provide the basis for mandatory concurrency on other public

27  facilities and services.

28         3.  When the financial feasibility of a public school

29  capital facilities program is evaluated by the state land

30  planning agency for purposes of a compliance determination,

31  


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    CS for CS for CS for SB 360                    First Engrossed



 1  the evaluation shall be based upon the service areas selected

 2  by the local governments and school board.

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

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

 5  site plan, final subdivision approval, or the functional

 6  equivalent for a development or phase of a development permit

 7  authorizing residential development for failure to achieve and

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

 9  capacity in a local option school concurrency management

10  system where adequate school facilities will be in place or

11  under actual construction within 3 years after the permit

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

13  functional equivalent. School concurrency shall be satisfied

14  if the developer executes a legally binding commitment to

15  provide mitigation proportionate to the demand for public

16  school facilities to be created by actual development of the

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

18  in subparagraph 1. Options for proportionate-share mitigation

19  of impacts on public school facilities shall be established in

20  the public school facilities element and the interlocal

21  agreement pursuant to s. 163.31777.

22         1.  Appropriate mitigation options include the

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

24  for land acquistion or construction of a public school

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

26  construction of a public school facility in exchange for the

27  right to sell capacity credits. Such options must include

28  execution by the applicant and the local government of a

29  binding development agreement that constitutes a legally

30  binding commitment to pay proportionate-share mitigation for

31  the additional residential units approved by the local


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 1  government in a development order and actually developed on

 2  the property, taking into account residential density allowed

 3  on the property prior to the plan amendment that increased

 4  overall residential density. The district school board shall

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

 6  into such a development agreement, the local government may

 7  require the landowner to agree to continuing renewal of the

 8  agreement upon its expiration.

 9         2.  If the education facilities plan and the public

10  educational facilities element authorize a contribution of

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

12  acquistion; or the construction or expansion of a public

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

14  mitigation, the local government shall credit such a

15  contribution, construction, expansion, or payment toward any

16  other impact fee or exaction imposed by local ordinance for

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

18  value.

19         3.  Any proportionate-share mitigation must be directed

20  by the school board toward a school capacity improvement

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

22  and which satisfies the demands created by that development in

23  accordance with a binding developer's agreement.

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

25  local government to deny a development permit or its

26  functional equivalent pursuant to its home-rule regulatory

27  powers, except as provided in this part.

28         (f)  Intergovernmental coordination.--

29         1.  When establishing concurrency requirements for

30  public schools, a local government shall satisfy the

31  requirements for intergovernmental coordination set forth in


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

 2  required to be a signatory to the interlocal agreement

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

 4  prerequisite for imposition of school concurrency, and as a

 5  nonsignatory, shall not participate in the adopted local

 6  school concurrency system, if the municipality meets all of

 7  the following criteria for having no significant impact on

 8  school attendance:

 9         a.  The municipality has issued development orders for

10  fewer than 50 residential dwelling units during the preceding

11  5 years, or the municipality has generated fewer than 25

12  additional public school students during the preceding 5

13  years.

14         b.  The municipality has not annexed new land during

15  the preceding 5 years in land use categories which permit

16  residential uses that will affect school attendance rates.

17         c.  The municipality has no public schools located

18  within its boundaries.

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

20  the boundaries of the municipality has been built upon.

21         2.  A municipality which qualifies as having no

22  significant impact on school attendance pursuant to the

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

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

25  163.3191 whether it continues to meet the criteria pursuant to

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

27  longer meets the criteria, it must adopt appropriate school

28  concurrency goals, objectives, and policies in its plan

29  amendments based on the evaluation and appraisal report, and

30  enter into the existing interlocal agreement required by ss.

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


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    CS for CS for CS for SB 360                    First Engrossed



 1  participate in the school concurrency system.  If such a

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

 3  enforcement provisions of s. 163.3191.

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

 5  establishing concurrency requirements for public schools, a

 6  local government must enter into an interlocal agreement that

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

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

 9  The interlocal agreement shall acknowledge both the school

10  board's constitutional and statutory obligations to provide a

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

12  and the land use authority of local governments, including

13  their authority to approve or deny comprehensive plan

14  amendments and development orders.  The interlocal agreement

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

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

17  with the other necessary amendments to the comprehensive plan

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

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

20  shall meet the following requirements:

21         1.  Establish the mechanisms for coordinating the

22  development, adoption, and amendment of each local

23  government's public school facilities element with each other

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

25  districtwide school concurrency system.

26         2.  Establish a process by which each local government

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

28  consistent projections of the amount, type, and distribution

29  of population growth and coordinate and share information

30  relating to existing and planned public school facilities

31  projections and proposals for development and redevelopment,


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 1  and infrastructure required to support public school

 2  facilities.

 3         2.3.  Establish a process for the development of siting

 4  criteria which encourages the location of public schools

 5  proximate to urban residential areas to the extent possible

 6  and seeks to collocate schools with other public facilities

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

 8  possible.

 9         3.4.  Specify uniform, districtwide level-of-service

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

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

12         4.5.  Establish a process for the preparation,

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

14  school board of a public school capital facilities program

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

16  incorporation of the public school capital facilities program

17  into the local government comprehensive plans on an annual

18  basis.

19         5.6.  Define the geographic application of school

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

21  than districtwide basis in the form of concurrency service

22  areas, the agreement shall establish criteria and standards

23  for the establishment and modification of school concurrency

24  service areas.  The agreement shall also establish a process

25  and schedule for the mandatory incorporation of the school

26  concurrency service areas and the criteria and standards for

27  establishment of the service areas into the local government

28  comprehensive plans.  The agreement shall ensure maximum

29  utilization of school capacity, taking into account

30  transportation costs and court-approved desegregation plans,

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


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    CS for CS for CS for SB 360                    First Engrossed



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

 2  standards for the geographic area of application throughout

 3  the 5 years covered by the public school capital facilities

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

 5  annual update.

 6         6.7.  Establish a uniform districtwide procedure for

 7  implementing school concurrency which provides for:

 8         a.  The evaluation of development applications for

 9  compliance with school concurrency requirements, including

10  information provided by the school board on affected schools,

11  impact on levels of service, and programmed improvements for

12  affected schools and any options to provide sufficient

13  capacity;

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

15  comment on the effect of comprehensive plan amendments and

16  rezonings on the public school facilities plan; and

17         c.  The monitoring and evaluation of the school

18  concurrency system.

19         7.8.  Include provisions relating to termination,

20  suspension, and amendment of the agreement. The agreement

21  shall provide that if the agreement is terminated or

22  suspended, the application of school concurrency shall be

23  terminated or suspended.

24         8.  A process and uniform methodology for determining

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

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

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

28  functional equivalent prior to the implementation of school

29  concurrency.

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

31  established under a local government comprehensive plan in


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

 2  local comprehensive plan assigns secondary priority to vehicle

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

 4  and attractive pedestrian environment, with convenient

 5  interconnection to transit. Such districts must incorporate

 6  community design features that will reduce the number of

 7  automobile trips or vehicle miles of travel and will support

 8  an integrated, multimodal transportation system. Prior to the

 9  designation of multimodal transportation districts, the

10  Department of Transportation shall be consulted by the local

11  government to assess the impact that the proposed multimodal

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

13  service standards established for Strategic Intermodal System

14  facilities, as defined in s. 339.64, and roadway facilities

15  funded in accordance with s. 339.2819. Further, the local

16  government shall, in cooperation with the Department of

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

18  Strategic Intermodal System, including the development of a

19  long-term concurrency management system pursuant to ss.

20  163.3177(3)(d) and 163.3180(9). Multimodal transportation

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

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

23  the time of the comprehensive plan update pursuant to the

24  evaluation and appraisal report, whichever occurs last.

25         (b)  Community design elements of such a district

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

27  educational, recreational, and cultural uses; interconnected

28  networks of streets designed to encourage walking and

29  bicycling, with traffic-calming where desirable; appropriate

30  densities and intensities of use within walking distance of

31  transit stops; daily activities within walking distance of


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

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

 3  and attractive for the pedestrian, with adjoining buildings

 4  open to the street and with parking not interfering with

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

 6         (c)  Local governments may establish multimodal

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

 8  modes of transportation within the district, when justified by

 9  an analysis demonstrating that the existing and planned

10  community design will provide an adequate level of mobility

11  within the district based upon professionally accepted

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

13  take into consideration the impact on the Florida Intrastate

14  Highway System. The analysis must also demonstrate that the

15  capital improvements required to promote community design are

16  financially feasible over the development or redevelopment

17  timeframe for the district and that community design features

18  within the district provide convenient interconnection for a

19  multimodal transportation system.  Local governments may issue

20  development permits in reliance upon all planned community

21  design capital improvements that are financially feasible over

22  the development or redevelopment timeframe for the district,

23  without regard to the period of time between development or

24  redevelopment and the scheduled construction of the capital

25  improvements.  A determination of financial feasibility shall

26  be based upon currently available funding or funding sources

27  that could reasonably be expected to become available over the

28  planning period.

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

30  access fees for development within multimodal transportation

31  districts based on the reduction of vehicle trips per


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 1  household or vehicle miles of travel expected from the

 2  development pattern planned for the district.

 3         (16)  It is the intent of the Legislature to provide a

 4  method by which the impacts of development on transportation

 5  facilities can be mitigated by the cooperative efforts of the

 6  public and private sectors. The methodology used to calculate

 7  proportionate fair-share mitigation under this subsection must

 8  ensure that development is assessed in a manner and for the

 9  purpose of funding public facilities necessary to accommodate

10  any impacts having a rational nexus to the proposed

11  development when the need to construct new facilities or add

12  to the present system of public facilities is reasonably

13  attributable to the proposed development.

14         (a)  By December 1, 2006, each local government shall

15  adopt by ordinance a transportation concurrency management

16  system that shall include a methodology for assessing

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

18  2005, the Department of Transportation shall develop a model

19  transportation concurrency management ordinance with

20  methodologies for assessing proportionate fair-share

21  mitigation options.

22         (b)1.  In its concurrency management system, a local

23  government shall, by December 1, 2006, include methodologies

24  that will be applied to calculate proportionate fair-share

25  mitigation to satisfy transportation concurrency requirements

26  when the impacted road segments are specifically identified

27  for funding in the 5-year schedule of capital improvements in

28  the capital improvements element of the local plan or the

29  long-term concurrency management system. If a proportionate

30  fair-share agreement or development order condition reflects

31  mitigation to a road segment or facility which is not on the


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 1  5-year schedule of capital improvements at the time of

 2  approval, the local government shall reflect such improvement

 3  in the 5-year schedule of capital improvements at the next

 4  update of the capital improvements element.

 5         2.  Proportionate fair-share mitigation shall be

 6  applied as a credit against impact fees to the extent that all

 7  or a portion of the proportionate fair-share mitigation is

 8  used to address the same capital infrastructure improvements

 9  contemplated by the local government's impact fee ordinance.

10  The credit shall not apply to internal, onsite facilities

11  required by local regulations or to any offsite facilities to

12  the extent such facilities are necessary to provide safe and

13  adequate services to the development. The proportionate

14  fair-share methodology shall be applicable to all development

15  contributing to the need for new or expanded public

16  facilities.

17         (c)  Proportionate fair-share mitigation includes,

18  without limitation, separately or collectively, private funds,

19  contributions of land, and construction and contribution of

20  facilities and may include public funds as determined by the

21  local government. The fair market value of the proportionate

22  fair-share mitigation may not differ based on the form of

23  mitigation.

24         (d)  In order to assist a local government with meeting

25  concurrency requirements, a local government may impose

26  proportionate fair-share mitigation adopted under this

27  subsection on a transportation facility regardless of whether

28  it meets or fails to meet the established levels of service.

29         (e)  Nothing in this subsection limits the home rule

30  authority of a local government to enter into a public-private

31  partnership or funding agreement to provide or govern the


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 1  provision of essential infrastructure deemed necessary by the

 2  local government payable from available taxes, fees, special

 3  assessments or developer contributions.

 4         (f)  Mitigation for development impacts to facilities

 5  on the Strategic Intermodal System made pursuant to this

 6  subsection requires the concurrence of the Department of

 7  Transportation.

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

 9  163.3184, Florida Statutes, to read:

10         163.3184  Process for adoption of comprehensive plan or

11  plan amendment.--

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

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

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

15  solely to property within an urban service boundary in the

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

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

18  state and regional agency review is eliminated. The department

19  may not issue an objections, recommendations, and comments

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

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

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

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

24  challenge the compliance of an adopted plan amendment. This

25  subsection does not apply to any amendment within an area of

26  critical state concern, to any amendment that increases

27  residential densities allowable in high-hazard coastal areas

28  as defined in s. 163.3178(2)(h), or to a text change to the

29  goals, policies, or objectives of the local government's

30  comprehensive plan. Amendments submitted under this subsection

31  


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 1  are exempt from the limitation on the frequency of plan

 2  amendments in s. 163.3187.

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

 4  163.3191, Florida Statutes, are amended to read:

 5         163.3191  Evaluation and appraisal of comprehensive

 6  plan.--

 7         (2)  The report shall present an evaluation and

 8  assessment of the comprehensive plan and shall contain

 9  appropriate statements to update the comprehensive plan,

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

11  other media, related to:

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

13  including annexation, since the adoption of the original plan

14  or the most recent update amendments.

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

16         (c)  The financial feasibility of implementing the

17  comprehensive plan and of providing needed infrastructure to

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

19  sustain concurrency management systems through the capital

20  improvements element, as well as the ability to address

21  infrastructure backlogs and meet the demands of growth on

22  public services and facilities.

23         (d)  The location of existing development in relation

24  to the location of development as anticipated in the original

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

26  and appraisal report update amendments, such as within areas

27  designated for urban growth.

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

29  jurisdiction and, where pertinent, the potential social,

30  economic, and environmental impacts.

31  


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

 2  the requirements of this part, the minimum criteria contained

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

 4  appropriate strategic regional policy plan since the adoption

 5  of the original plan or the most recent evaluation and

 6  appraisal report update amendments.

 7         (g)  An assessment of whether the plan objectives

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

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

10  identification as to whether unforeseen or unanticipated

11  changes in circumstances have resulted in problems or

12  opportunities with respect to major issues identified in each

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

14  the issue.

15         (h)  A brief assessment of successes and shortcomings

16  related to each element of the plan.

17         (i)  The identification of any actions or corrective

18  measures, including whether plan amendments are anticipated to

19  address the major issues identified and analyzed in the

20  report.  Such identification shall include, as appropriate,

21  new population projections, new revised planning timeframes, a

22  revised future conditions map or map series, an updated

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

24  objectives, and policies for major issues identified within

25  each element.  This paragraph shall not require the submittal

26  of the plan amendments with the evaluation and appraisal

27  report.

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

29  activities undertaken by the local government in preparing the

30  report.

31  


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 1         (k)  The coordination of the comprehensive plan with

 2  existing public schools and those identified in the applicable

 3  educational facilities plan adopted pursuant to s. 1013.35.

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

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

 6  associated planned residential development with public schools

 7  and their capacities, as well as the joint decisionmaking

 8  processes engaged in by the local government and the school

 9  board in regard to establishing appropriate population

10  projections and the planning and siting of public school

11  facilities. For those counties or municipalities that do not

12  have a public schools interlocal agreement or public school

13  facility element, the assessment shall determine whether the

14  local government continues to meet the criteria of s.

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

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

17  concurrency goals, objectives, and policies in its plan

18  amendments pursuant to the requirements of the public school

19  facility element, and enter into the existing interlocal

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

21  order to fully participate in the school concurrency system.

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

23  demonstrate that they are not relevant.

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

25  successful in identifying alternative water supply projects

26  and traditional water supply projects, including conservation

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

28  373.0361(2)(a) within the local government's jurisdiction. The

29  report must evaluate the degree to which the local government

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

31  and regional water supply facilities, including development of


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 1  alternative water supplies, The evaluation must consider the

 2  appropriate water management district's regional water supply

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

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

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

 6  facilities that are identified in the element as necessary to

 7  serve existing and new development and for which the local

 8  government is responsible.

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

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

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

12  property rights of current residents when redevelopment

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

14  a natural disaster. The property rights of current residents

15  shall be balanced with public safety considerations. The local

16  government must identify strategies to address redevelopment

17  feasibility and the property rights of affected residents.

18  These strategies may include the authorization of

19  redevelopment up to the actual built density in existence on

20  the property prior to the natural disaster or redevelopment.

21         (n)  An assessment of whether the criteria adopted

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

23  compatibility with military installations.

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

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

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

27  multimodal transportation district designated pursuant to s.

28  163.3180(15) has achieved the purpose for which it was created

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

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

31  needed to develop a common methodology for measuring impacts


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 1  on transportation facilities for the purpose of implementing

 2  its concurrency management system in coordination with the

 3  municipalities and counties, as appropriate pursuant to s.

 4  163.3180(10).

 5         (10)  The governing body shall amend its comprehensive

 6  plan based on the recommendations in the report and shall

 7  update the comprehensive plan based on the components of

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

 9  163.3187, and 163.3189.  Amendments to update a comprehensive

10  plan based on the evaluation and appraisal report shall be

11  adopted during a single amendment cycle within 18 months after

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

13  planning agency, except the state land planning agency may

14  grant an extension for adoption of a portion of such

15  amendments.  The state land planning agency may grant a

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

17  request is justified by good and sufficient cause as

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

19  granted if the request will result in greater coordination

20  between transportation and land use, for the purposes of

21  improving Florida's transportation system, as determined by

22  the agency in coordination with the Metropolitan Planning

23  Organization program.  Failure to timely adopt update

24  amendments to the comprehensive plan based on the evaluation

25  and appraisal report shall result in a local government being

26  prohibited from adopting amendments to the comprehensive plan

27  until the evaluation and appraisal report update amendments

28  have been adopted and transmitted to the state land planning

29  agency. The prohibition on plan amendments shall commence when

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

31  The comprehensive plan as amended shall be in compliance as


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

 2  effective date of the update amendments to the comprehensive

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

 4  planning agency and to all agencies designated by rule a

 5  complete copy of the updated comprehensive plan.

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

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

 8  amended to read:

 9         212.055  Discretionary sales surtaxes; legislative

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

11  legislative intent that any authorization for imposition of a

12  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

19  be expended; and such other requirements as the Legislature

20  may provide.  Taxable transactions and administrative

21  procedures shall be as provided in s. 212.054.

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

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

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

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

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

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

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

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

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

31  noncharter county or a charter county has updated its capital


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 1  improvements element no earlier than 2005 and if its

 2  comprehensive plan has been determined to be in compliance,

 3  the noncharter county or charter county may levy a

 4  discretionary sales surtax pursuant to this subsection by

 5  majority vote of the membership of its governing body or

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

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

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

 9  used to supplement, not supplant, existing infrastructure

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

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

12  percent.

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

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

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

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

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

18  the governing body.

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

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

21  combination the county commission deems appropriate:

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

23  be used for the purposes of development, construction,

24  equipment, maintenance, operation, supportive services,

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

26  fixed guideway rapid transit system;

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

28  expressway or transportation authority created by law to be

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

30  development, construction, operation, or maintenance of roads

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


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

 2  existing bonds issued for the construction of such roads or

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

 4  proceeds may be pledged for bonds issued to refinance existing

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

 6  or bridges;

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

 8  construction, operation, and maintenance of roads and bridges

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

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

11  principal and interest on bonds issued for the construction of

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

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

14  body of the county for bonds issued to refinance existing

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

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

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

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

19  development, construction, operation, and maintenance of roads

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

21  expansion, operation, and maintenance of bus and fixed

22  guideway systems; and for the payment of principal and

23  interest on bonds issued for the construction of fixed

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

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

26  body of the county for bonds issued to refinance existing

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

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

29  bridges. Pursuant to an interlocal agreement entered into

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

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


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 1  or an expressway or transportation authority created by law to

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

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

 4  no interlocal agreement with a municipality, distribution of

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

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

 7  218.62.

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

 9  transportation projects identified in a regional

10  transportation plan developed in accordance with s.

11  339.155(c), (d), and (e), and capital funding for projects

12  under the New Starts Transit Program, authorized by Title 49,

13  U.S.C. 5309 and specified in s. 341.051. Projects to be funded

14  shall be in compliance with part II of chapter 163 after the

15  effective date of this act or to implement a long-term

16  concurrency management system adopted by a local government in

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

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

19  supplement, not supplant, existing infrastructure funding. In

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

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

22         1.  An advisory board must be created to make

23  recommendations to the board of county commissioners regarding

24  infrastructure projects to address the needs of the community.

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

26  advisory board who represent the diversity of the community

27  and shall include individuals having an interest in business,

28  finance and accounting, economic development, the environment,

29  transportation, municipal government, education, and public

30  safety and growth management professionals. Based on the

31  estimated amount of the surtax collections, the advisory board


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 1  must conduct at least two public workshops to develop a

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

 3  existing infrastructure deficits identified in a long-term

 4  concurrency management system adopted by a local government in

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

 6  capital improvements element. A quorum shall consist of a

 7  majority of the advisory board members and is necessary to

 8  take any action regarding recommendations to the governing

 9  board of the local government. The board of county

10  commissioners shall provide staff support to the advisory

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

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

13         2.  After the advisory board submits the project list

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

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

16  of the intent to add additional projects or remove projects

17  recommended by the advisory board. Actions to amend the

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

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

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

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

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

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

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

25  the recommended project list, it may adopt the proposed

26  project list at a public meeting following public notice of

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

28         4.  The capital improvements schedule of the local

29  government comprehensive plan shall be updated to reflect the

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

31  


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

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

 3  ordinance. The board of county commissioners shall conduct a

 4  public hearing to allow for public input on the proposed

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

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

 7  adopted.

 8         6.  Once the ordinance adopting the surtax has been

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

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

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

12  removing projects from the list. The board of county

13  commissioners must take public testimony on the proposal.

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

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

16  subsequent noticed public meeting that must be held at least

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

18  project list were discussed.

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

20  monitor the expenditure of the tax proceeds and shall hold

21  semiannual meetings. The advisory board shall also monitor

22  whether the county has maintained or increased the level of

23  infrastructure expenditures over the previous 5 years.

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

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

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

27  Municipalities within a charter county that levies the surtax

28  by majority vote may not receive surtax proceeds unless they

29  have also completed these requirements. Surtax proceeds may

30  only be expended within an urban service boundary.

31         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--


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

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

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

 4  majority of the members of the county governing authority or

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

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

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

 8  population adopt uniform resolutions establishing the rate of

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

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

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

12  county voting in the referendum on the surtax.

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

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

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

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

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

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

19  county voting in a referendum on the surtax.

20         (b)  A statement which includes a brief general

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

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

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

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

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

26  municipalities representing a majority of the county's

27  population adopt uniform resolutions calling for a referendum

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

29  ballot:

30  

31        ....FOR the               ....-cent sales tax


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 1        ....AGAINST the           ....-cent sales tax

 2  

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

 4  surtax levied under this subsection shall be distributed to

 5  the county and the municipalities within such county in which

 6  the surtax was collected, according to:

 7         1.  An interlocal agreement between the county

 8  governing authority and the governing bodies of the

 9  municipalities representing a majority of the county's

10  municipal population, which agreement may include a school

11  district with the consent of the county governing authority

12  and the governing bodies of the municipalities representing a

13  majority of the county's municipal population; or

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

15  the formula provided in s. 218.62.

16  

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

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

19  written notification of that change has been made to the

20  department.

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

22  subsection and any interest accrued thereto shall be expended

23  by the school district or within the county and municipalities

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

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

26  construct infrastructure and to acquire land for public

27  recreation or conservation or protection of natural resources

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

29  owned solid waste landfills that are already closed or are

30  required to close by order of the Department of Environmental

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


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

 2  Neither the proceeds nor any interest accrued thereto shall be

 3  used for operational expenses of any infrastructure, except

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

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

 6  Environmental Protection may use the proceeds or any interest

 7  accrued thereto for long-term maintenance costs associated

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

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

10  any interest accrued thereto to retire or service indebtedness

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

12  infrastructure purposes, and for bonds subsequently issued to

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

14  purposes of retiring or servicing indebtedness incurred for

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

16         2.  For the purposes of this paragraph,

17  "infrastructure" means:

18         a.  Any fixed capital expenditure or fixed capital

19  outlay associated with the construction, reconstruction, or

20  improvement of public facilities which have a life expectancy

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

22  design, and engineering costs related thereto.

23         b.  A fire department vehicle, an emergency medical

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

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

26  necessary to outfit the vehicle for its official use or

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

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

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

30  facilities as defined in s. 29.008.

31  


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 1         3.  Notwithstanding any other provision of this

 2  subsection, a discretionary sales surtax imposed or extended

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

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

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

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

 7  economic development projects of a general public purpose

 8  targeted to improve local economies, including the funding of

 9  operational costs and incentives related to such economic

10  development. The ballot statement must indicate the intention

11  to make an allocation under the authority of this

12  subparagraph.

13         (e)  School districts, counties, and municipalities

14  receiving proceeds under the provisions of this subsection may

15  pledge such proceeds for the purpose of servicing new bond

16  indebtedness incurred pursuant to law. Local governments may

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

18  Board of Administration pursuant to the State Bond Act to

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

20  no case may a jurisdiction issue bonds pursuant to this

21  subsection more frequently than once per year. Counties and

22  municipalities may join together for the issuance of bonds

23  authorized by this subsection.

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

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

26  designated as an area of critical state concern on the

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

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

29  for any public purpose if:

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

31  


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

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

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

 4  ordinance pursuant to the procedure provided in s. 125.66

 5  authorizing additional uses of the surtax proceeds and

 6  interest.

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

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

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

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

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

12  surtax for any purpose other than an infrastructure purpose

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

14  comprehensive plan has been determined to be in compliance

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

16  an amendment to its surtax ordinance or resolution pursuant to

17  the procedure provided in s. 166.041 authorizing additional

18  uses of the surtax proceeds and interest.  Such municipality

19  may expend the surtax proceeds and interest for any public

20  purpose authorized in the amendment.

21         3.  Those counties designated as an area of critical

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

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

24  for any public purpose other than for infrastructure purposes

25  authorized by this section.

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

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

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

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

30  which an infrastructure surtax referendum is placed before the

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


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 1  the proceeds and interest of the surtax for operation and

 2  maintenance of parks and recreation programs and facilities

 3  established with the proceeds of the surtax throughout the

 4  duration of the surtax levy or while interest earnings

 5  accruing from the proceeds of the surtax are available for

 6  such use, whichever period is longer.

 7         (h)  Notwithstanding any other provision of this

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

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

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

11  small county, as defined in paragraph (3)(a), may levy the

12  local option sales surtax authorized in this subsection and

13  subsection (3) for a combined rate of up to 2 percent.

14  Surtaxes imposed by majority vote must be used to supplement,

15  not supplant, existing infrastructure funding. In order to

16  impose the surtax by a majority vote of the governing body,

17  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  economic development, the environment, transportation,

25  municipal government, education, and public safety and growth

26  management professionals. Based on the estimated amount of the

27  surtax collections, the advisory board must conduct at least

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

29  be given to projects that address existing infrastructure

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

31  board members and is necessary to take any action regarding


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 1  recommendations to the governing board of the local

 2  government. The board of county commissioners shall provide

 3  staff support to the advisory board. All advisory board

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

 5  shall be available to the public.

 6         2.  After the advisory board submits the project list

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

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

 9  of the intent to add additional projects or remove projects

10  recommended by the advisory board. Actions to amend the

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

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

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

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

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

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

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

18  the recommended project list, it may adopt the proposed

19  project list at a public meeting following public notice of

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

21         4.  The capital improvement schedule of the local

22  government comprehensive plan shall be updated to reflect the

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

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

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

26  ordinance. The board of county commissioners shall conduct a

27  public hearing to allow for public input on the proposed

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

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

30  adopted.

31  


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 1         6.  Once the ordinance adopting the surtax has been

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

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

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

 5  removing projects from the list. The board of county

 6  commissioners must take public testimony on the proposal.

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

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

 9  subsequent noticed public meeting that must be held at least

10  14 days after the meeting at which the proposed changes to the

11  project list were discussed.

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

13  monitor the expenditure of the tax proceeds and shall hold

14  semiannual meetings. The advisory board shall also monitor

15  whether the county has maintained or increased the level of

16  infrastructure expenditures over the previous 5 years.

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

18  of the governing body unless it has established an urban

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

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

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

22  not receive surtax proceeds unless they have also completed

23  these requirements. Surtax proceeds may only be expended

24  within an urban service boundary.

25         (3)  SMALL COUNTY SURTAX.--

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

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

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

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

30  an extraordinary vote of the members of the county governing

31  authority if the surtax revenues are expended for operating


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

 2  of servicing bond indebtedness, the surtax shall be approved

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

 4  referendum on the surtax.

 5         (b)  A statement that includes a brief general

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

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

 8  the ballot by the governing authority of any county that

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

10  the surtax for the purpose of servicing bond indebtedness.

11  The following question shall be placed on the ballot:

12  

13        ....FOR the               ....-cent sales tax

14        ....AGAINST the           ....-cent sales tax

15  

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

17  surtax levied under this subsection shall be distributed to

18  the county and the municipalities within the county in which

19  the surtax was collected, according to:

20         1.  An interlocal agreement between the county

21  governing authority and the governing bodies of the

22  municipalities representing a majority of the county's

23  municipal population, which agreement may include a school

24  district with the consent of the county governing authority

25  and the governing bodies of the municipalities representing a

26  majority of the county's municipal population; or

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

28  the formula provided in s. 218.62.

29  

30  Any change in the distribution formula shall take effect on

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


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 1  written notification of that change has been made to the

 2  department.

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

 4  referendum, the proceeds of the surtax and any interest

 5  accrued thereto may be expended by the school district or

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

 7  the case of a negotiated joint county agreement, within

 8  another county, for the purpose of servicing bond indebtedness

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

10  land for public recreation or conservation or protection of

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

12  to an ordinance approved by an extraordinary vote of the

13  members of the county governing authority, the proceeds and

14  any interest accrued thereto may be used for operational

15  expenses of any infrastructure or for any public purpose

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

17         2.  For the purposes of this paragraph,

18  "infrastructure" means any fixed capital expenditure or fixed

19  capital costs associated with the construction,

20  reconstruction, or improvement of public facilities that have

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

22  land improvement, design, and engineering costs related

23  thereto.

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

25  receives proceeds under this subsection following a referendum

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

27  indebtedness incurred pursuant to law. Local governments may

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

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

30  of this subsection.  A jurisdiction may not issue bonds

31  pursuant to this subsection more frequently than once per


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

 2  bonds authorized by this subsection.

 3         (f)  Notwithstanding any other provision of this

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

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

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

 7         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

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

 9  to resolution conditioned to take effect only upon approval by

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

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

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

13  percent.

14         (b)  The resolution shall include a statement that

15  provides a brief and general description of the school capital

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

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

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

19  following question shall be placed on the ballot:

20  

21        ....FOR THE               ....CENTS TAX

22        ....AGAINST THE           ....CENTS TAX

23  

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

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

26  for fixed capital expenditures or fixed capital costs

27  associated with the construction, reconstruction, or

28  improvement of school facilities and campuses which have a

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

30  acquisition, land improvement, design, and engineering costs

31  related thereto. Additionally, the plan shall include the


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 1  costs of retrofitting and providing for technology

 2  implementation, including hardware and software, for the

 3  various sites within the school district.  Surtax revenues may

 4  be used for the purpose of servicing bond indebtedness to

 5  finance projects authorized by this subsection, and any

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

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

 8  accrued thereto shall be used for operational expenses.

 9         (d)  Any school board receiving proceeds from imposing

10  the surtax shall implement a freeze on noncapital local school

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

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

13  3 years from the date of imposition of the surtax.  This

14  provision shall not apply to existing debt service or required

15  state taxes.

16         (e)  Surtax revenues collected by the Department of

17  Revenue pursuant to this subsection shall be distributed to

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

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

20  supplement, not supplant, existing school capital outlay

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

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

23  process:

24         1.  An advisory board must be created to make

25  recommendations to the school board regarding the use of the

26  surtax proceeds for fixed capital expenditures or fixed

27  capital costs associated with the construction,

28  reconstruction, or improvement of school facilities and

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

30  and any land acquisition, land improvement, design, and

31  engineering costs related thereto. The school board shall


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 1  appoint members to the advisory board who represent the

 2  diversity of the community and shall include individuals with

 3  an interest in business, economic development, the

 4  environment, municipal government, education, and public

 5  safety and growth management professionals. Based on the

 6  estimated amount of the surtax collections, the advisory board

 7  will conduct at least two public workshops to develop a

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

 9  advisory board members and is necessary to take any action

10  regarding recommendations to the school board. The school

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

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

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

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

15  school board must adopt or amend the project list by

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

17  county commissioners.

18         2.  After the advisory board submits the project list

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

20  only in the following fashion. A public notice must be given

21  of the intent to add additional projects or remove projects

22  recommended by the advisory board.  Actions to amend the

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

24  amended, the project list must be approved at a subsequent

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

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

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

28  the meeting at which the list was amended.

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

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

31  


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 1  public meeting following public notice of the intent to adopt

 2  the recommendations of the advisory board.

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

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

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

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

 7  resolution for the surtax and adopting the project list may

 8  not be accomplished at the same meeting.

 9         5.  Once the resolution adopting the surtax has been

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

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

12  hold a public hearing to discuss adding or removing projects

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

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

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

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

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

18  changes to the project list were discussed.

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

20  monitor the expenditure of the tax proceeds and shall hold

21  semiannual meetings. The advisory board shall also monitor

22  whether the school board has maintained or increased the level

23  of school capital outlay expenditures over the previous 5

24  years.

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

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

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

28  of educational facilities and may not exceed the maximum

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

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

31  Statutes, is amended to read:


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 1         206.41  State taxes imposed on motor fuel.--

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

 3  under the circumstances described in subsection (6):

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

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

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

 7  9(c), Art. XII of the 1968 State Constitution, as amended,

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

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

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

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

12  for the purposes described in s. 206.60.

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

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

15  used for the purposes described in s. 206.605.

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

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

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

19  levied and used as provided in s. 336.021.

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

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

22  shall be adjusted by the percentage change in the average

23  consumer price index issued by the United States Department of

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

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

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

27  cent.

28         3.  The department shall notify each terminal supplier,

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

30  applicable under this paragraph for the 12-month period

31  beginning January 1.


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

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

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

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

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

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

 7  shall be adjusted by the percentage change in the average

 8  consumer price index issued by the United States Department of

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

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

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

12  cent.

13         3.  The department shall notify each terminal supplier,

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

15  applicable under this paragraph for the 12-month period

16  beginning January 1.

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

18  Comprehensive Enhanced Transportation System Tax is imposed on

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

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

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

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

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

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

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

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

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

28  the Consumer Price Index issued by the United States

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

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

31  


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

 2  rounded to the nearest tenth of a cent.

 3         4.  The department shall notify each terminal supplier,

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

 5  applicable under this paragraph for the 12-month period

 6  beginning January 1.

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

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

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

10  determined pursuant to this paragraph. Before January 1 of

11  1997, and of each year thereafter, the department shall

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

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

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

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

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

17  the United States Department of Labor for the most recent

18  12-month period ending September 30, compared to the base year

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

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

21  than 6.9 cents per gallon.

22         2.  The department is authorized to adopt rules and

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

24  this paragraph.

25         3.  The department shall notify each terminal supplier,

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

27  applicable under this paragraph for the 12-month period

28  beginning January 1.

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

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

31  amended to read:


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 1         336.021  County transportation system; levy of

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

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

 4  extraordinary vote of the membership of its governing body or

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

 6  206.41(1)(d) and 206.87(1)(b). County and municipal

 7  governments may use the moneys received under this paragraph

 8  only for transportation expenditures as defined in s.

 9  336.025(7). A county may not levy this surtax by majority vote

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

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

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

13  proceeds unless they have also completed this requirement.

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

15  336.025, Florida Statutes, is amended to read:

16         336.025  County transportation system; levy of local

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

18         (1)

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

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

21  3-cent, 4-cent, or 5-cent local option fuel tax upon every

22  gallon of motor fuel sold in a county and taxed under the

23  provisions of part I of chapter 206. The tax shall be levied

24  by an ordinance adopted by a majority or majority plus one

25  vote of the membership of the governing body of the county or

26  by referendum.

27         1.  All impositions and rate changes of the tax shall

28  be levied before July 1, to be effective January 1 of the

29  following year. However, levies of the tax which were in

30  effect on July 1, 2002, and which expire on August 31 of any

31  


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 1  year may be reimposed at the current authorized rate effective

 2  September 1 of the year of expiration.

 3         2.  The county may, prior to levy of the tax, establish

 4  by interlocal agreement with one or more municipalities

 5  located therein, representing a majority of the population of

 6  the incorporated area within the county, a distribution

 7  formula for dividing the entire proceeds of the tax among

 8  county government and all eligible municipalities within the

 9  county. If no interlocal agreement is adopted before the

10  effective date of the tax, tax revenues shall be distributed

11  pursuant to the provisions of subsection (4). If no interlocal

12  agreement exists, a new interlocal agreement may be

13  established prior to June 1 of any year pursuant to this

14  subparagraph. However, any interlocal agreement agreed to

15  under this subparagraph after the initial levy of the tax or

16  change in the tax rate authorized in this section shall under

17  no circumstances materially or adversely affect the rights of

18  holders of outstanding bonds which are backed by taxes

19  authorized by this paragraph, and the amounts distributed to

20  the county government and each municipality shall not be

21  reduced below the amount necessary for the payment of

22  principal and interest and reserves for principal and interest

23  as required under the covenants of any bond resolution

24  outstanding on the date of establishment of the new interlocal

25  agreement.

26         3.  County and municipal governments shall use moneys

27  received pursuant to this paragraph for transportation

28  expenditures needed to meet the requirements of the capital

29  improvements element of an adopted comprehensive plan or for

30  expenditures needed to meet immediate local transportation

31  problems and for other transportation-related expenditures


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 1  that are critical for building comprehensive roadway networks

 2  by local governments. For purposes of this paragraph,

 3  expenditures for the construction of new roads, the

 4  reconstruction or resurfacing of existing paved roads, or the

 5  paving of existing graded roads shall be deemed to increase

 6  capacity and such projects shall be included in the capital

 7  improvements element of an adopted comprehensive plan.

 8  Expenditures for purposes of this paragraph shall not include

 9  routine maintenance of roads.

10         4.  A county may not levy this surtax by majority vote

11  of the governing body unless it has adopted a community vision

12  under s. 163.3177(13). Municipalities within a county that

13  levies the surtax by a majority vote may not receive surtax

14  proceeds unless they have also completed this requirement.

15         Section 12.  Paragraph (b) of subsection (4) of section

16  339.135, Florida Statutes, is amended to read:

17         339.135  Work program; legislative budget request;

18  definitions; preparation, adoption, execution, and

19  amendment.--

20         (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--

21         (b)1.  A tentative work program, including the ensuing

22  fiscal year and the successive 4 fiscal years, shall be

23  prepared for the State Transportation Trust Fund and other

24  funds managed by the department, unless otherwise provided by

25  law.  The tentative work program shall be based on the

26  district work programs and shall set forth all projects by

27  phase to be undertaken during the ensuing fiscal year and

28  planned for the successive 4 fiscal years. The total amount of

29  the liabilities accruing in each fiscal year of the tentative

30  work program may not exceed the revenues available for

31  


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 1  expenditure during the respective fiscal year based on the

 2  cash forecast for that respective fiscal year.

 3         2.  The tentative work program shall be developed in

 4  accordance with the Florida Transportation Plan required in s.

 5  339.155 and must comply with the program funding levels

 6  contained in the program and resource plan.

 7         3.  The department may include in the tentative work

 8  program proposed changes to the programs contained in the

 9  previous work program adopted pursuant to subsection (5);

10  however, the department shall minimize changes and adjustments

11  that affect the scheduling of project phases in the 4 common

12  fiscal years contained in the previous adopted work program

13  and the tentative work program.  The department, in the

14  development of the tentative work program, shall advance by 1

15  fiscal year all projects included in the second year of the

16  previous year's adopted work program, unless the secretary

17  specifically determines that it is necessary, for specific

18  reasons, to reschedule or delete one or more projects from

19  that year.  Such changes and adjustments shall be clearly

20  identified, and the effect on the 4 common fiscal years

21  contained in the previous adopted work program and the

22  tentative work program shall be shown.  It is the intent of

23  the Legislature that the first 5 years of the adopted work

24  program for facilities designated as part of the Florida

25  Intrastate Highway System and the first 3 years of the adopted

26  work program stand as the commitment of the state to undertake

27  transportation projects that local governments may rely on for

28  planning and concurrency purposes and in the development and

29  amendment of the capital improvements elements of their local

30  government comprehensive plans.

31  


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 1         4.  The tentative work program must include a balanced

 2  36-month forecast of cash and expenditures and a 5-year

 3  finance plan supporting the tentative work program.

 4         Section 13.  The Office of Program Policy Analysis and

 5  Government Accountability shall perform a study on adjustments

 6  to the boundaries of Florida Regional Planning Councils,

 7  Florida Water Management Districts, and Department of

 8  Transportation Districts. The purpose of this study is to

 9  organize these regional boundaries to be more coterminous with

10  one another, creating a more unified system of regional

11  boundaries. This study must be completed by December 31, 2005,

12  and submitted to the President of the Senate, the Speaker of

13  the House of Representatives, and the Governor by January 15,

14  2006.

15         Section 14.  Section 163.3247, Florida Statutes, is

16  created to read:

17         163.3247  Century Commission.--

18         (1)  POPULAR NAME.--This section may be cited as the

19  "Century Commission Act."

20         (2)  FINDINGS AND INTENT.--The Legislature finds and

21  declares that the population of this state is expected to more

22  than double over the next 100 years, with commensurate impacts

23  to the state's natural resources and public infrastructure.

24  Consequently, it is in the best interests of the people of the

25  state to ensure sound planning for the proper placement of

26  this growth and protection of the state's land, water, and

27  other natural resources since such resources are essential to

28  our collective quality of life and a strong economy. The

29  state's growth management system should foster economic

30  stability through regional solutions and strategies, urban

31  renewal and infill, and the continued viability of


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 1  agricultural economies, while allowing for rural economic

 2  development and protecting the unique characteristics of rural

 3  areas, and should reduce the complexity of the regulatory

 4  process while carrying out the intent of the laws and

 5  encouraging greater citizen participation.

 6         (3)  CENTURY COMMISSION; CREATION; ORGANIZATION.--The

 7  Century Commission is created as a standing body to help the

 8  citizens of this state envision and plan their collective

 9  future with an eye towards both 25-year and 50-year horizons.

10         (a)  The 21-member commission shall be appointed by the

11  Governor. Four members shall be members of the Legislature who

12  shall be appointed with the advice and consultation of the

13  President of the Senate and the Speaker of the House of

14  Representatives. The Secretary of Community Affairs, the

15  Commissioner of Agriculture, the Secretary of Transportation,

16  the Secretary of Environmental Protection, and the Executive

17  Director of the Fish and Wildlife Conservation Commission, or

18  their designees, shall also serve as voting members. The other

19  12 appointments shall reflect the diversity of this state's

20  citizens, and must include individuals representing each of

21  the following interests: growth management, business and

22  economic development, environmental protection, agriculture,

23  municipal governments, county governments, regional planning

24  entities, education, public safety, planning professionals,

25  transportation planners, and urban infill and redevelopment.

26  One member shall be designated by the Governor as chair of the

27  commission. Any vacancy that occurs on the commission must be

28  filled in the same manner as the original appointment and

29  shall be for the unexpired term of that commission seat.

30  Members shall serve 4-year terms.

31  


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 1         (b)  The first meeting of the commission shall be held

 2  no later than December 1, 2005, and shall meet at the call of

 3  the chair but not less frequently than three times per year in

 4  different regions of the state to solicit input from the

 5  public or any other individuals offering testimony relevant to

 6  the issues to be considered.

 7         (c)  Each member of the commission is entitled to one

 8  vote and action of the commission is not binding unless taken

 9  by a three-fifths vote of the members present. A majority of

10  the members is required to constitute a quorum, and the

11  affirmative vote of a quorum is required for a binding vote.

12         (d)  Members of the commission shall serve without

13  compensation but shall be entitled to receive per diem and

14  travel expenses in accordance with s. 112.061 while in

15  performance of their duties.

16         (4)  POWERS AND DUTIES.--The commission shall:

17         (a)  Annually conduct a process through which the

18  commission envisions the future for the state, and then

19  develops and recommends policies, plans, action steps, or

20  strategies to assist in achieving the vision.

21         (b)  Continuously review and consider statutory and

22  regulatory provisions, governmental processes, and societal

23  and economic trends in its inquiry of how state, regional, and

24  local governments and entities and citizens of this state can

25  best accommodate projected increased populations while

26  maintaining the natural, historical, cultural, and manmade

27  life qualities that best represent the state.

28         (c)  Bring together people representing varied

29  interests to develop a shared image of the state and its

30  developed and natural areas. The process should involve

31  exploring the impact of the estimated population increase and


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 1  other emerging trends and issues; creating a vision for the

 2  future; and developing a strategic action plan to achieve that

 3  vision using 25-year and 50-year intermediate planning

 4  timeframes.

 5         (d)  Focus on essential state interests, defined as

 6  those interests that transcend local or regional boundaries

 7  and are most appropriately conserved, protected, and promoted

 8  at the state level.

 9         (e)  Serve as an objective, nonpartisan repository of

10  exemplary community-building ideas and as a source to

11  recommend strategies and practices to assist others in working

12  collaboratively to solve problems concerning issues relating

13  to growth management.

14         (f)  Annually, beginning January 15, 2007, and every

15  year thereafter on the same date, provide to the Governor, the

16  President of the Senate, and the Speaker of the House of

17  Representatives a written report containing specific

18  recommendations for addressing growth management in the state,

19  including executive and legislative recommendations. This

20  report shall be verbally presented to a joint session of both

21  houses annually as scheduled by the President of the Senate

22  and the Speaker of the House of Representatives.

23         (g)  Beginning with the 2007 Regular Session of the

24  Legislature, the President of the Senate and Speaker of the

25  House of Representatives shall create a joint select

26  committee, the task of which shall be to review the findings

27  and recommendations of the Century Commission for potential

28  action.

29         (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--

30         (a)  The Secretary of Community Affairs shall select an

31  executive director of the commission, and the executive


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 1  director shall serve at the pleasure of the secretary under

 2  the supervision and control of the commission.

 3         (b)  The Department of Community Affairs shall provide

 4  staff and other resources necessary to accomplish the goals of

 5  the commission based upon recommendations of the Governor.

 6         (c)  All agencies under the control of the Governor are

 7  directed, and all other agencies are requested, to render

 8  assistance to, and cooperate with, the commission.

 9         Section 15.  Section 339.2819, Florida Statutes, is

10  created to read:

11         339.2819  Transportation Regional Incentive Program.--

12         (1)  There is created within the Department of

13  Transportation a Transportation Regional Incentive Program for

14  the purpose of providing funds to improve regionally

15  significant transportation facilities in regional

16  transportation areas created pursuant to s. 339.155(5).

17         (2)  The percentage of matching funds provided from the

18  Transportation Regional Incentive Program shall be 50 percent

19  of project costs, or up to 50 percent of the nonfederal share

20  of the eligible project cost for a public transportation

21  facility project.

22         (3)  The department shall allocate funding available

23  for the Transportation Regional Incentive Program to the

24  districts based on a factor derived from equal parts of

25  population and motor fuel collections for eligible counties in

26  regional transportation areas created pursuant to s.

27  339.155(5).

28         (4)(a)  Projects to be funded with Transportation

29  Regional Incentive Program funds shall, at a minimum:

30  

31  


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 1         1.  Support those transportation facilities that serve

 2  national, statewide, or regional functions and function as an

 3  integrated regional transportation system.

 4         2.  Be identified in the capital improvements element

 5  of a comprehensive plan that has been determined to be in

 6  compliance with part II of chapter 163, after July 1, 2005, or

 7  to implement a long-term concurrency management system adopted

 8  by a local government in accordance with s. 163.3177(9).

 9  Further, the project shall be in compliance with local

10  government comprehensive plan policies relative to corridor

11  management.

12         3.  Be consistent with the Strategic Intermodal System

13  Plan developed under s. 339.64.

14         4.  Have a commitment for local, regional, or private

15  financial matching funds as a percentage of the overall

16  project cost.

17         (b)  In allocating Transportation Regional Incentive

18  Program funds, priority shall be given to projects that:

19         1.  Provide connectivity to the Strategic Intermodal

20  System developed under s. 339.64.

21         2.  Support economic development and the movement of

22  goods in rural areas of critical economic concern designated

23  under s. 288.0656(7).

24         3.  Are subject to a local ordinance that establishes

25  corridor management techniques, including access management

26  strategies, right-of-way acquisition and protection measures,

27  appropriate land use strategies, zoning, and setback

28  requirements for adjacent land uses.

29         4.  Improve connectivity between military installations

30  and the Strategic Highway Network or the Strategic Rail

31  Corridor Network.


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 1         Section 16.  Section 337.107, Florida Statutes, is

 2  amended to read:

 3         337.107  Contracts for right-of-way services.--The

 4  department may enter into contracts pursuant to s. 287.055 for

 5  right-of-way services on transportation corridors and

 6  transportation facilities, or the department may include

 7  right-of-way services as part of design-build contracts

 8  awarded under s. 337.11. Right-of-way services include

 9  negotiation and acquisition services, appraisal services,

10  demolition and removal of improvements, and asbestos-abatement

11  services.

12         Section 17.  Effective July 1, 2007, section 337.107,

13  Florida Statutes, as amended by this act is amended to read:

14         337.107  Contracts for right-of-way services.--The

15  department may enter into contracts pursuant to s. 287.055 for

16  right-of-way services on transportation corridors and

17  transportation facilities, or the department may include

18  right-of-way services as part of design-build contracts

19  awarded under s. 337.11. Right-of-way services include

20  negotiation and acquisition services, appraisal services,

21  demolition and removal of improvements, and asbestos-abatement

22  services.

23         Section 18.  Paragraph (a) of subsection (7) of section

24  337.11, Florida Statutes, is amended to read:

25         337.11  Contracting authority of department; bids;

26  emergency repairs, supplemental agreements, and change orders;

27  combined design and construction contracts; progress payments;

28  records; requirements of vehicle registration.--

29         (7)(a)  If the head of the department determines that

30  it is in the best interests of the public, the department may

31  combine the right-of-way services and  design and construction


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 1  phases of any a building, a major bridge, a limited access

 2  facility, or a rail corridor project into a single contract,

 3  except for a resurfacing or minor bridge project, the

 4  right-of-way services and design and construction phases of

 5  which may be combined under s. 337.025. Such contract is

 6  referred to as a design-build contract. Design-build contracts

 7  may be advertised and awarded notwithstanding the requirements

 8  of paragraph (3)(c). However, construction activities may not

 9  begin on any portion of such projects until title to the

10  necessary rights-of-way and easements for the construction of

11  that portion of the project has vested in the state or a local

12  governmental entity and all railroad crossing and utility

13  agreements have been executed. Title to rights-of-way vests in

14  the state when the title has been dedicated to the public or

15  acquired by prescription.

16         Section 19.  Effective July 1, 2007, paragraph (a) of

17  subsection (7) of section 337.11, Florida Statutes, as amended

18  by this act, is amended to read:

19         337.11  Contracting authority of department; bids;

20  emergency repairs, supplemental agreements, and change orders;

21  combined design and construction contracts; progress payments;

22  records; requirements of vehicle registration.--

23         (7)(a)  If the head of the department determines that

24  it is in the best interests of the public, the department may

25  combine the right-of-way services and design and construction

26  phases of a building, a major bridge, a limited access

27  facility, or a rail corridor any project into a single

28  contract, except for a resurfacing or minor bridge project,

29  the right-of-way services and design and construction phase of

30  which may be combined under s. 337.025. Such contract is

31  referred to as a design-build contract. Design-build contracts


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 1  may be advertised and awarded notwithstanding the requirements

 2  of paragraph (3)(c). However, construction activities may not

 3  begin on any portion of such projects  for which the

 4  department has not yet obtained title to the necessary

 5  rights-of-way and easements for the construction of that

 6  portion of the project has vested in the state or a local

 7  governmental entity and all railroad crossing and utility

 8  agreements have been executed. Title to rights-of-way shall be

 9  deemed to have vested in the state when the title has been

10  dedicated to the public or acquired by prescription.

11         Section 20.  Paragraph (l) is added to subsection (24)

12  of section 380.06, Florida Statutes, to read:

13         380.06  Developments of regional impact.--

14         (24)  STATUTORY EXEMPTIONS.--

15         (l)  Any proposed development within an urban service

16  boundary established under s. 163.3177(14) is exempt from the

17  provisions of this section if the local government having

18  jurisdiction over the area where the development is proposed

19  has adopted the urban service boundary and has entered into a

20  binding agreement with adjacent jurisdictions and the

21  Department of Transportation regarding the mitigation of

22  impacts on state and regional transportation facilities, and

23  has adopted a proportionate share methodology pursuant to s.

24  163.3180(16).

25         Section 21.  Subsections (3), (7), and (8) of section

26  1013.33, Florida Statutes, are amended to read:

27         1013.33  Coordination of planning with local governing

28  bodies.--

29         (3)  At a minimum, the interlocal agreement must

30  address interlocal-agreement requirements in s.

31  163.3180(13)(g), except for exempt local governments as


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 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


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 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  


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 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


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 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  


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 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.


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 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  


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 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


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 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


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 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  


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 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


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 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


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 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  


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 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


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 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  


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 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  


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 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  


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 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.


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 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


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 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


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 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.


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 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


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 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


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 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


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 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  


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 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  


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 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


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 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  


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 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  


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 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  


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 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).


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 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.


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 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


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 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  


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 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


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 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


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 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, authorized by Title 49, U.S.C. 5309

17  and specified in s. 341.051, 10 percent of 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


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 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. If required, new facilities

 8  constructed under the Classroom for Kids Program must meet the

 9  requirements of s. 1013.372.

10  

11  Moneys distributed pursuant to this paragraph may not be

12  pledged for debt service unless such pledge is approved by

13  referendum of the voters.

14         (e)(d)  The remainder of the moneys distributed under

15  this subsection, after the required payments under paragraphs

16  (a), (b), and (c), shall be paid into the State Treasury to

17  the credit of the General Revenue Fund of the state to be used

18  and expended for the purposes for which the General Revenue

19  Fund was created and exists by law or to the Ecosystem

20  Management and Restoration Trust Fund or to the Marine

21  Resources Conservation Trust Fund as provided in subsection

22  (11).

23         Section 30.  (1)  The following appropriations are made

24  for the 2005-2006 fiscal year only from the General Revenue

25  Fund, from revenues deposited into the fund pursuant to

26  section 201.15(1)(e), Florida Statutes, on a nonrecurring

27  basis and in quarterly installments:

28         (a)  To the State Transportation Trust Fund in the

29  Department of Transportation, $575 million.

30  

31  


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    CS for CS for CS for SB 360                    First Engrossed



 1         (b)  To the Water Protection and Sustainability Program

 2  Trust Fund in the Department of Environmental Protection, $100

 3  million.

 4         (c)  To the Public Education Capital Outlay and Debt

 5  Service Trust Fund in the Department of Education, $73.75

 6  million.

 7         (d)  To the Grants and Donations Trust Fund in the

 8  Department of Community Affairs, $1.25 million.

 9         (2)  The following appropriations are made for the

10  2005-2006 fiscal year only on a nonrecurring basis:

11         (a)  From the State Transportation Trust Fund in the

12  Department of Transportation:

13         1.  Four hundred million dollars for the purposes

14  specified in sections 339.61, 339.62, 339.63, and 339.64,

15  Florida Statutes.

16         2.  Seventy-five million dollars for the purposes

17  specified in section 339.2819, Florida Statutes.

18         3.  One hundred million dollars for the purposes

19  specified in section 339.55, Florida Statutes.

20         (b)  From the Water Protection and Sustainability

21  Program Trust Fund in the Department of Environmental

22  Protection, $100 million for the purposes specified in section

23  403.890, Florida Statutes.

24         (c)  From the Public Education Capital Outlay and Debt

25  Service Trust Fund in the Department of Education, the sum of

26  $73.75 million for the purpose of funding the Classrooms for

27  Kids Program created in section 1013.735, Florida Statutes.

28  Notwithstanding the requirements of sections 1013.64 and

29  1013.65, Florida Statutes, these moneys may not be distributed

30  as part of the comprehensive plan for the Public Education

31  Capital Outlay and Debt Service Trust Fund. If required, new


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    CS for CS for CS for SB 360                    First Engrossed



 1  facilities constructed under the Classroom for Kids Program

 2  must meet the requirements of s. 1013.372.

 3         (d)  From the Grants and Donations Trust Fund in the

 4  Department of Community Affairs:

 5         1.  One million dollars to provide technical assistance

 6  to local governments and school boards on the requirements and

 7  implementation of this act. The department shall provide a

 8  report to the Governor, the President of the Senate, and the

 9  Speaker of the House of Representatives by February 1, 2006,

10  on the progress made toward implementing this act and a

11  recommendation on whether additional funds should be

12  appropriated to provide additional technical assistance.

13         2.  Two hundred and fifty thousand dollars to support

14  the Century Commission, created by section 163.3247, Florida

15  Statutes.

16         Section 31.  Beginning in fiscal year 2005-2006, the

17  Department of Transportation shall allocate sufficient funds

18  to implement the provisions relating to transportation in this

19  act. The department shall amend the tentative work program for

20  2005-2006. Before amending the tentative work program, the

21  department shall submit a budget amendment pursuant to section

22  339.135(7), Florida Statutes. Notwithstanding the provisions

23  of section 216.301(1), Florida Statutes, the funds

24  appropriated from general revenue to the State Transportation

25  Trust Fund in this act shall not revert at the end of fiscal

26  year 2005-2006.

27         Section 32.  The Legislature finds that planning for

28  and adequately funding infrastructure is critically important

29  for the safety and welfare of the residents of Florida.

30  Therefore, the Legislature finds that the provisions of this

31  act fulfill an important state interest.


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    CS for CS for CS for SB 360                    First Engrossed



 1         Section 33.  Except as otherwise expressly provided in

 2  this act, this act shall take effect July 1, 2005.

 3  

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10  

11  

12  

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