October 22, 2020
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Senate Bill 0360

Senate Bill sb0360e2

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    CS for CS for CS for SB 360                   Second 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; revising

23         the requirements and criteria for establishing

24         a rural land stewardship area; revising the

25         requirements for designating a stewardship

26         receiving area to address listed species;

27         revising requirements for an ordinance adopting

28         a plan amendment to create a rural land

29         stewardship area; encouraging local governments

30         to include a community vision and an urban

31         service boundary as a component of their


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    CS for CS for CS for SB 360                   Second Engrossed



 1         comprehensive plans; prescribing taxing

 2         authority of local governments doing so;

 3         providing an exception; repealing s. 163.31776,

 4         F.S., relating to the public educational

 5         facilities element; amending s. 163.31777,

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

 7         schools interlocal agreement to conform to

 8         changes made by the act; requiring the school

 9         board to provide certain information to the

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

11         revising requirements for concurrency;

12         providing for schools to be subject to

13         concurrency requirements; requiring that an

14         adequate water supply be available for new

15         development; revising requirements for

16         transportation facilities; requiring that the

17         Department of Transportation be consulted

18         regarding certain level-of-service standards;

19         revising criteria and providing guidelines for

20         transportation concurrency exception areas;

21         requiring a local government to consider the

22         transportation level-of-service standards of

23         adjacent jurisdictions for certain roads;

24         providing a process to monitor de minimis

25         impacts; revising the requirements for a

26         long-term transportation concurrency management

27         system; providing for a long-term school

28         concurrency management system; requiring that

29         school concurrency be established on less than

30         a districtwide basis within 5 years; providing

31         certain exceptions; authorizing a local


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    CS for CS for CS for SB 360                   Second Engrossed



 1         government to approve a development order if

 2         the developer executes a commitment to mitigate

 3         the impacts on public school facilities;

 4         providing for the adoption of a transportation

 5         concurrency management system by ordinance;

 6         providing requirements for proportionate

 7         fair-share mitigation; providing an exception;

 8         amending s. 163.3184, F.S.; prescribing

 9         authority of local governments to adopt plan

10         amendments after adopting community vision and

11         an urban service boundary; providing for small

12         scale plan amendment review under certain

13         circumstances; providing exemptions; providing

14         concurrency exemption for certain DRI projects;

15         amending s. 163.3191, F.S.; providing

16         additional requirements for the evaluation and

17         assessment of the comprehensive plan for

18         counties and municipalities that do not have a

19         public schools interlocal agreement; revising

20         requirements for the evaluation and appraisal

21         report; providing time limit for amendments

22         relating to the report; amending s. 212.055,

23         F.S.; revising permissible rates for charter

24         county transit system surtax; revising methods

25         for approving such a surtax; providing for a

26         noncharter county to levy this surtax under

27         certain circumstances; limiting the expenditure

28         of the proceeds to a specified area under

29         certain circumstances; revising methods for

30         approving a local government infrastructure

31         surtax; limiting the expenditure of the


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    CS for CS for CS for SB 360                   Second Engrossed



 1         proceeds to a specified area under certain

 2         circumstances; revising a ceiling on rates of

 3         small county surtaxes; revising methods for

 4         approving a school capital outlay surtax;

 5         amending s. 336.021, F.S.; revising methods for

 6         approving such a fuel tax; limiting authority

 7         of a county to impose the ninth-cent fuel tax

 8         without adopting a community vision; amending

 9         s. 336.025, F.S.; limiting authority of a

10         county to impose the local option fuel tax

11         without adopting a community vision; revising

12         methods for approving such a fuel tax; amending

13         s. 339.135, F.S., relating to tentative work

14         programs of the Department of Transportation;

15         conforming provisions to changes made by the

16         act; requiring the Office of Program Policy

17         Analysis and Government Accountability to

18         perform a study of the boundaries of specified

19         state entities; requiring a report to the

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

21         providing a popular name; providing legislative

22         findings and intent; creating the Century

23         Commission for certain purposes; providing for

24         appointment of commission members; providing

25         for terms; providing for meetings and votes of

26         members; requiring members to serve without

27         compensation; providing for per diem and travel

28         expenses; providing powers and duties of the

29         commission; requiring the creation of a joint

30         select committee of the Legislature; providing

31         purposes; requiring the Secretary of Community


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    CS for CS for CS for SB 360                   Second Engrossed



 1         Affairs to select an executive director of the

 2         commission; requiring the Department of

 3         Community Affairs to provide staff for the

 4         commission; providing for other agency staff

 5         support for the commission; creating s.

 6         339.2819, F.S.; creating the Transportation

 7         Regional Incentive Program within the

 8         Department of Transportation; providing

 9         matching funds for projects meeting certain

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

11         the inclusion of right-of-way services in

12         certain design-build contracts; amending s.

13         337.107, F.S., effective July 1, 2007;

14         eliminating the inclusion of right-of-way

15         services and as part of design-build contracts

16         under certain circumstances; amending s.

17         337.11, F.S.; allowing the Department of

18         Transportation to include right-of-way services

19         and design and construction into a single

20         contract; providing an exception; delaying

21         construction activities in certain

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

23         effective July 1, 2007; deleting language

24         allowing right-of-way services and design and

25         construction phases to be combined for certain

26         projects; deleting an exception; amending s.

27         380.06, F.S.; providing exceptions; amending s.

28         1013.33, F.S.; conforming provisions to changes

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

30         increasing the threshold for maximum debt

31         service for transfers in the State


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    CS for CS for CS for SB 360                   Second Engrossed



 1         Transportation Trust Fund; amending s. 339.08,

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

 3         the State Transportation Trust Fund; amending

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

 5         of regional transportation plans in Regional

 6         Transportation Areas; amending s. 339.175,

 7         F.S.; making conforming changes to provisions

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

 9         for loans for certain projects from the

10         state-funded infrastructure bank within the

11         Department of Transportation; amending s.

12         1013.64, F.S.; providing for the expenditure of

13         funds in the Public Education Capital Outlay

14         and Debt Service Trust Fund; amending s.

15         1013.65, F.S.; providing funding for the

16         Classrooms for Kids Program; amending s.

17         163.3174, F.S.; allowing municipalities in

18         charter counties the option to exercise

19         exclusive land use planning authority under

20         certain circumstances; creating s. 166.31,

21         F.S.; authorizing the governing authority of a

22         municipality to levy a surtax on documents

23         pursuant to an ordinance approved by the

24         electors of the municipality; requiring that

25         the proceeds from the surtax be expended for

26         infrastructure improvements; requiring that an

27         advisory board be created to recommend

28         infrastructure projects; providing requirements

29         for developing, amending, and adopting a list

30         of infrastructure projects; requiring notice

31         and public hearings; requiring that the


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    CS for CS for CS for SB 360                   Second Engrossed



 1         advisory board monitor the expenditure of the

 2         surtax proceeds; requiring the governing

 3         authority to notify the Department of Revenue

 4         of the imposition of the surtax; authorizing

 5         the department to retain a portion of the

 6         proceeds for administrative costs; requiring

 7         that a municipality levying the surtax file

 8         certain financial reports; amending s. 201.15,

 9         F.S.; providing for the expenditure of certain

10         excise taxes on documents; providing for

11         appropriations for the 2005-2006 fiscal year on

12         a nonrecurring basis for certain purposes;

13         specifying the evidentiary standard a local

14         government must meet when defending a challenge

15         to an ordinance establishing an impact fee;

16         requiring the Department of Transportation to

17         amend the tentative work program and budget for

18         2005-2006; prohibits reversion of certain

19         funds; providing a declaration of important

20         state interest; 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                   Second 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), paragraph (d) of subsection

13  (11), and subsection (12) of section 163.3177, Florida

14  Statutes, are amended, and subsections (13) and (14) are added

15  to that section, to read:

16         163.3177  Required and optional elements of

17  comprehensive plan; studies and surveys.--

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

19  comprehensive plan shall be a major objective of the planning

20  process.  The several elements of the comprehensive plan shall

21  be consistent, and the comprehensive plan shall be financially

22  economically feasible. Financial feasibility shall be

23  determined using professionally accepted methodologies.

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

25  improvements element designed to consider the need for and the

26  location of public facilities in order to encourage the

27  efficient utilization of such facilities and set forth:

28         1.  A component which outlines principles for

29  construction, extension, or increase in capacity of public

30  facilities, as well as a component which outlines principles

31  for correcting existing public facility deficiencies, which


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    CS for CS for CS for SB 360                   Second 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                   Second 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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    CS for CS for CS for SB 360                   Second Engrossed



 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                   Second 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                   Second 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                   Second 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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    CS for CS for CS for SB 360                   Second Engrossed



 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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    CS for CS for CS for SB 360                   Second Engrossed



 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                   Second 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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    CS for CS for CS for SB 360                   Second Engrossed



 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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 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         (11)

26         (d)1.  The department, in cooperation with the

27  Department of Agriculture and Consumer Services, the

28  Department of Environmental Protection, water management

29  districts, and regional planning councils, shall provide

30  assistance to local governments in the implementation of this

31  paragraph and rule 9J-5.006(5)(l), Florida Administrative


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    CS for CS for CS for SB 360                   Second Engrossed



 1  Code.  Implementation of those provisions shall include a

 2  process by which the department may authorize local

 3  governments to designate all or portions of lands classified

 4  in the future land use element as predominantly agricultural,

 5  rural, open, open-rural, or a substantively equivalent land

 6  use, as a rural land stewardship area within which planning

 7  and economic incentives are applied to encourage the

 8  implementation of innovative and flexible planning and

 9  development strategies and creative land use planning

10  techniques, including those contained herein and in rule

11  9J-5.006(5)(l), Florida Administrative Code. Assistance may

12  include, but is not limited to:

13         a.  Assistance from the Department of Environmental

14  Protection and water management districts in creating the

15  geographic information systems land cover database and aerial

16  photogrammetry needed to prepare for a rural land stewardship

17  area;

18         b.  Support for local government implementation of

19  rural land stewardship concepts by providing information and

20  assistance to local governments regarding land acquisition

21  programs that may be used by the local government or

22  landowners to leverage the protection of greater acreage and

23  maximize the effectiveness of rural land stewardship areas;

24  and

25         c.  Expansion of the role of the Department of

26  Community Affairs as a resource agency to facilitate

27  establishment of rural land stewardship areas in smaller rural

28  counties that do not have the staff or planning budgets to

29  create a rural land stewardship area.

30         2.  The department shall encourage participation by

31  local governments of different sizes and rural characteristics


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 1  in establishing and implementing rural land stewardship areas.

 2  It is the intent of the Legislature that rural land

 3  stewardship areas be used to further the following broad

 4  principles of rural sustainability:  restoration and

 5  maintenance of the economic value of rural land; control of

 6  urban sprawl; identification and protection of ecosystems,

 7  habitats, and natural resources; promotion of rural economic

 8  activity; maintenance of the viability of Florida's

 9  agricultural economy; and protection of the character of rural

10  areas of Florida. Rural land stewardship areas may be

11  multicounty in order to encourage coordinated regional

12  stewardship planning.

13         3.  A local government, in conjunction with a regional

14  planning council, a stakeholder organization of private land

15  owners, or another local government, shall notify the

16  department in writing of its intent to designate a rural land

17  stewardship area. The written notification shall describe the

18  basis for the designation, including the extent to which the

19  rural land stewardship area enhances rural land values,

20  controls urban sprawl, provides necessary open space for

21  agriculture and protection of the natural environment,

22  promotes rural economic activity, and maintains rural

23  character and the economic viability of agriculture.

24         4.  A rural land stewardship area shall be not less

25  than 10,000 acres and shall be located outside of

26  municipalities and established urban growth boundaries, and

27  shall be designated by plan amendment.  The plan amendment

28  designating a rural land stewardship area shall be subject to

29  review by the Department of Community Affairs pursuant to s.

30  163.3184 and shall provide for the following:

31  


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 1         a.  Criteria for the designation of receiving areas

 2  within rural land stewardship areas in which innovative

 3  planning and development strategies may be applied.  Criteria

 4  shall at a minimum provide for the following: adequacy of

 5  suitable land to accommodate development so as to avoid

 6  conflict with environmentally sensitive areas, resources, and

 7  habitats; compatibility between and transition from higher

 8  density uses to lower intensity rural uses; the establishment

 9  of receiving area service boundaries which provide for a

10  separation between receiving areas and other land uses within

11  the rural land stewardship area through limitations on the

12  extension of services; and connection of receiving areas with

13  the rest of the rural land stewardship area using rural design

14  and rural road corridors.

15         b.  Goals, objectives, and policies setting forth the

16  innovative planning and development strategies to be applied

17  within rural land stewardship areas pursuant to the provisions

18  of this section.

19         c.  A process for the implementation of innovative

20  planning and development strategies within the rural land

21  stewardship area, including those described in this subsection

22  and rule 9J-5.006(5)(l), Florida Administrative Code, which

23  provide for a functional mix of land uses, including adequate

24  available work force housing, including low, very-low and

25  moderate income housing for the development anticipated in the

26  receiving area and which are applied through the adoption by

27  the local government of zoning and land development

28  regulations applicable to the rural land stewardship area.

29         d.  A process which encourages visioning pursuant to s.

30  163.3167(11) to ensure that innovative planning and

31  


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 1  development strategies comply with the provisions of this

 2  section.

 3         e.  The control of sprawl through the use of innovative

 4  strategies and creative land use techniques consistent with

 5  the provisions of this subsection and rule 9J-5.006(5)(l),

 6  Florida Administrative Code.

 7         5.  A receiving area shall be designated by the

 8  adoption of a land development regulation.  Prior to the

 9  designation of a receiving area, the local government shall

10  provide the Department of Community Affairs a period of 30

11  days in which to review a proposed receiving area for

12  consistency with the rural land stewardship area plan

13  amendment and to provide comments to the local government. At

14  the time of designation of a stewardship receiving area, a

15  listed species survey will be performed. If listed species

16  occur on the receiving area site, the developer shall

17  coordinate with each appropriate local, state, or federal

18  agency to determine if adequate provisions have been made to

19  protect those species in accordance with applicable

20  regulations. In determining the adequacy of provisions for the

21  protection of listed species and their habitats, the rural

22  land stewardship area shall be considered as a whole, and the

23  impacts to areas to be developed as receiving areas shall be

24  considered together with the environmental benefits of areas

25  protected as sending areas in fulfilling this criteria.

26         6.  Upon the adoption of a plan amendment creating a

27  rural land stewardship area, the local government shall, by

28  ordinance, establish the methodology for the creation,

29  conveyance, and use of transferrable rural land use credits,

30  otherwise referred to as stewardship credits, the application

31  of assign to the area a certain number of credits, to be known


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    CS for CS for CS for SB 360                   Second Engrossed



 1  as "transferable rural land use credits," which shall not

 2  constitute a right to develop land, nor increase density of

 3  land, except as provided by this section.  The total amount of

 4  transferable rural land use credits within assigned to the

 5  rural land stewardship area must enable the realization of the

 6  long-term vision and goals for correspond to the 25-year or

 7  greater projected population of the rural land stewardship

 8  area.  Transferable rural land use credits are subject to the

 9  following limitations:

10         a.  Transferable rural land use credits may only exist

11  within a rural land stewardship area.

12         b.  Transferable rural land use credits may only be

13  used on lands designated as receiving areas and then solely

14  for the purpose of implementing innovative planning and

15  development strategies and creative land use planning

16  techniques adopted by the local government pursuant to this

17  section.

18         c.  Transferable rural land use credits assigned to a

19  parcel of land within a rural land stewardship area shall

20  cease to exist if the parcel of land is removed from the rural

21  land stewardship area by plan amendment.

22         d.  Neither the creation of the rural land stewardship

23  area by plan amendment nor the assignment of transferable

24  rural land use credits by the local government shall operate

25  to displace the underlying density of land uses assigned to a

26  parcel of land within the rural land stewardship area;

27  however, if transferable rural land use credits are

28  transferred from a parcel for use within a designated

29  receiving area, the underlying density assigned to the parcel

30  of land shall cease to exist.

31  


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    CS for CS for CS for SB 360                   Second Engrossed



 1         e.  The underlying density on each parcel of land

 2  located within a rural land stewardship area shall not be

 3  increased or decreased by the local government, except as a

 4  result of the conveyance or use of transferable rural land use

 5  credits, as long as the parcel remains within the rural land

 6  stewardship area.

 7         f.  Transferable rural land use credits shall cease to

 8  exist on a parcel of land where the underlying density

 9  assigned to the parcel of land is utilized.

10         g.  An increase in the density of use on a parcel of

11  land located within a designated receiving area may occur only

12  through the assignment or use of transferable rural land use

13  credits and shall not require a plan amendment.

14         h.  A change in the density of land use on parcels

15  located within receiving areas shall be specified in a

16  development order which reflects the total number of

17  transferable rural land use credits assigned to the parcel of

18  land and the infrastructure and support services necessary to

19  provide for a functional mix of land uses corresponding to the

20  plan of development.

21         i.  Land within a rural land stewardship area may be

22  removed from the rural land stewardship area through a plan

23  amendment.

24         j.  Transferable rural land use credits may be assigned

25  at different ratios of credits per acre according to the

26  natural resource or other beneficial use characteristics of

27  the land and according to the land use remaining following the

28  transfer of credits, with the highest number of credits per

29  acre assigned to the most environmentally valuable land or, in

30  locations where the retention of and a lesser number of

31  


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    CS for CS for CS for SB 360                   Second Engrossed



 1  credits to be assigned to open space and agricultural land is

 2  a priority, to such lands.

 3         k.  The use or conveyance of transferable rural land

 4  use credits must be recorded in the public records of the

 5  county in which the property is located as a covenant or

 6  restrictive easement running with the land in favor of the

 7  county and either the Department of Environmental Protection,

 8  Department of Agriculture and Consumer Services, a water

 9  management district, or a recognized statewide land trust.

10         7.  Owners of land within rural land stewardship areas

11  should be provided incentives to enter into rural land

12  stewardship agreements, pursuant to existing law and rules

13  adopted thereto, with state agencies, water management

14  districts, and local governments to achieve mutually agreed

15  upon conservation objectives.  Such incentives may include,

16  but not be limited to, the following:

17         a.  Opportunity to accumulate transferable mitigation

18  credits.

19         b.  Extended permit agreements.

20         c.  Opportunities for recreational leases and

21  ecotourism.

22         d.  Payment for specified land management services on

23  publicly owned land, or property under covenant or restricted

24  easement in favor of a public entity.

25         e.  Option agreements for sale to public entities or

26  private land conservation entities, in either fee or easement,

27  upon achievement of conservation objectives.

28         8.  The department shall report to the Legislature on

29  an annual basis on the results of implementation of rural land

30  stewardship areas authorized by the department, including

31  


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    CS for CS for CS for SB 360                   Second Engrossed



 1  successes and failures in achieving the intent of the

 2  Legislature as expressed in this paragraph.

 3         (e)  The Legislature finds that mixed-use, high-density

 4  development is appropriate for urban infill and redevelopment

 5  areas. Mixed-use projects accommodate a variety of uses,

 6  including residential and commercial, and usually at higher

 7  densities that promote pedestrian-friendly, sustainable

 8  communities. The Legislature recognizes that mixed-use,

 9  high-density development improves the quality of life for

10  residents and businesses in urban areas. The Legislature finds

11  that mixed-use, high-density redevelopment and infill benefits

12  residents by creating a livable community with alternative

13  modes of transportation. Furthermore, the Legislature finds

14  that local zoning ordinances often discourage mixed-use,

15  high-density development in areas that are appropriate for

16  urban infill and redevelopment. The Legislature intends to

17  discourage single-use zoning in urban areas which often leads

18  to lower-density, land-intensive development outside an urban

19  service area. Therefore, the Department of Community Affairs

20  shall provide technical assistance to local governments in

21  order to encourage mixed-use, high-density urban infill and

22  redevelopment projects.

23         (f)  The Legislature finds that a program for the

24  transfer of development rights is a useful tool to preserve

25  historic buildings and create public open spaces in urban

26  areas. A program for the transfer of development rights allows

27  the transfer of density credits from historic properties and

28  public open spaces to areas designated for high-density

29  development. The Legislature recognizes that high-density

30  development is integral to the success of many urban infill

31  and redevelopment projects. The Legislature intends to


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    CS for CS for CS for SB 360                   Second Engrossed



 1  encourage high-density urban infill and redevelopment while

 2  preserving historic structures and open spaces. Therefore, the

 3  Department of Community Affairs shall provide technical

 4  assistance to local governments in order to promote the

 5  transfer of development rights within urban areas for

 6  high-density infill and redevelopment projects.

 7         (g)  The implementation of this subsection shall be

 8  subject to the provisions of this chapter, chapters 186 and

 9  187, and applicable agency rules.

10         (h)  The department may adopt rules necessary to

11  implement the provisions of this subsection.

12         (12)  A public school facilities element adopted to

13  implement a school concurrency program shall meet the

14  requirements of this subsection. Each county and each

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

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

17  consistent with those adopted by the other local governments

18  within the county and enter the interlocal agreement pursuant

19  to s. 163.31777.

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

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

22  if the capacity rate for all schools within the school

23  district is no greater than 100 percent and the projected

24  5-year capital outlay full-time equivalent student growth rate

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

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

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

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

29  determination, the state land planning agency shall consider

30  the following criteria:

31  


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    CS for CS for CS for SB 360                   Second Engrossed



 1         1.  Whether the exceedance is due to temporary

 2  circumstances;

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

 4  time equivalent student growth rate for the school district is

 5  approaching the 10-percent threshold;

 6         3.  Whether one or more additional schools within the

 7  school district are at or approaching the 100-percent

 8  threshold; and

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

10  support the waiver request.

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

12  the municipality meets all of the following criteria for

13  having no significant impact on school attendance:

14         1.  The municipality has issued development orders for

15  fewer than 50 residential dwelling units during the preceding

16  5 years, or the municipality has generated fewer than 25

17  additional public school students during the preceding 5

18  years.

19         2.  The municipality has not annexed new land during

20  the preceding 5 years in land use categories that permit

21  residential uses that will affect school attendance rates.

22         3.  The municipality has no public schools located

23  within its boundaries.

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

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

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

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

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

29  163.31777 and the 5-year school district facilities work

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

31  survey prepared pursuant to s. 1013.31 and an existing


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    CS for CS for CS for SB 360                   Second Engrossed



 1  educational and ancillary plant map or map series; information

 2  on existing development and development anticipated for the

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

 4  problems and opportunities for existing schools and schools

 5  anticipated in the future; an analysis of opportunities to

 6  collocate future schools with other public facilities such as

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

 8  need for supporting public facilities for existing and future

 9  schools; an analysis of opportunities to locate schools to

10  serve as community focal points; projected future population

11  and associated demographics, including development patterns

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

13  periods; and anticipated educational and ancillary plants with

14  land area requirements.

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

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

17  programs and activities are ultimately directed.

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

19  objectives for each goal, setting specific, measurable,

20  intermediate ends that are achievable and mark progress toward

21  the goal.

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

23  for each objective which establish the way in which programs

24  and activities will be conducted to achieve an identified

25  goal.

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

27  such as:

28         1.  The procedure for an annual update process;

29         2.  The procedure for school site selection;

30         3.  The procedure for school permitting;

31  


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    CS for CS for CS for SB 360                   Second Engrossed



 1         4.  Provision for of supporting infrastructure

 2  necessary to support proposed schools, including potable

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

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

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

 6         5.  Provision for colocation of other public

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

 8  in proximity to public schools;

 9         6.  Provision for location of schools proximate to

10  residential areas and to complement patterns of development,

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

12  community focal points;

13         7.  Measures to ensure compatibility of school sites

14  and surrounding land uses;

15         8.  Coordination with adjacent local governments and

16  the school district on emergency preparedness issues,

17  including the use of public schools to serve as emergency

18  shelters; and

19         9.  Coordination with the future land use element.

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

21  conditions maps which depict the anticipated location of

22  educational and ancillary plants, including the general

23  location of improvements to existing schools or new schools

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

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

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

27  indicating general locations of future schools or school

28  improvements may not prescribe a land use on a particular

29  parcel of land.

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

31  phased schedule for adoption of the public school facilities


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    CS for CS for CS for SB 360                   Second Engrossed



 1  element and the required updates to the public schools

 2  interlocal agreement pursuant to s. 163.31777. The schedule

 3  shall provide for each county and local government within the

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

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

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

 7  163.3187(1).

 8         (i)  Failure to adopt the public school facility

 9  element, to enter into an approved interlocal agreement as

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

11  the comprehensive plan as necessary to implement school

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

13  a local government being prohibited from adopting amendments

14  to the comprehensive plan which increase residential density

15  until the necessary amendments have been adopted and

16  transmitted to the state land planning agency.

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

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

19  be enforced for failure to enter into an approved interlocal

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

21  implement the provisions of this act relating to public school

22  concurrency. The school board may be subject to sanctions

23  imposed by the Administration Commission directing the

24  Department of Education to withhold from the district school

25  board an equivalent amount of funds for school construction

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

27  1013.72.

28         (13)  Local governments are encouraged to develop a

29  community vision that provides for sustainable growth,

30  recognizes its fiscal constraints, and protects its natural

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


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 1  applicable regional planning council shall provide assistance

 2  in the development of a community vision.

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

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

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

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

 7  government must hold at least one public workshop with

 8  stakeholder groups such as neighborhood associations,

 9  community organizations, businesses, private property owners,

10  housing and development interests, and environmental

11  organizations.

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

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

14  public meetings required under paragraph (a):

15         1.  Future growth in the area using population

16  forecasts from the Bureau of Economic and Business Research;

17         2.  Priorities for economic development;

18         3.  Preservation of open space, environmentally

19  sensitive lands, and agricultural lands;

20         4.  Appropriate areas and standards for mixed-use

21  development;

22         5.  Appropriate areas and standards for high-density

23  commercial and residential development;

24         6.  Appropriate areas and standards for

25  economic-development opportunities and employment centers;

26         7.  Provisions for adequate workforce housing;

27         8.  An efficient, interconnected multimodal

28  transportation system; and

29         9.  Opportunities to create land use patterns that

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

31  


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    CS for CS for CS for SB 360                   Second Engrossed



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

 2  local government must discuss strategies for addressing the

 3  topics discussed under paragraph (b), including:

 4         1.  Strategies to preserve open space and

 5  environmentally sensitive lands, and to encourage a healthy

 6  agricultural economy, including innovative planning and

 7  development strategies, such as the transfer of development

 8  rights;

 9         2.  Incentives for mixed-use development, including

10  increased height and intensity standards for buildings that

11  provide residential use in combination with office or

12  commercial space;

13         3.  Incentives for workforce housing;

14         4.  Designation of an urban service boundary pursuant

15  to subsection (2); and

16         5.  Strategies to provide mobility within the community

17  and to protect the Strategic Intermodal System, including the

18  development of a transportation corridor management plan under

19  s. 337.273.

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

21  shared concept for growth and development of the community,

22  including visual representations depicting the desired

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

24  10-year planning timeframe. The community vision must also

25  take into consideration economic viability of the vision and

26  private property interests.

27         (e)  After the workshops and public meetings required

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

29  its comprehensive plan to include the community vision as a

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

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


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    CS for CS for CS for SB 360                   Second Engrossed



 1  163.3189 at public hearings of the governing body other than

 2  those identified in paragraph (a).

 3         (f)  Amendments submitted under this subsection are

 4  exempt from the limitation on the frequency of plan amendments

 5  in s. 163.3187.

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

 7  the plan amendment incorporating the vision has been found in

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

 9  336.025(1)(b) by a majority vote of its governing body.

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

11  component of the comprehensive plan and the plan amendment

12  incorporating the community vision as a component has been

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

14  336.021(1)(a) by a majority vote of its governing body.

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

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

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

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

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

20  comprehensive plan or reflected in subsequently adopted land

21  development regulations and the plan amendment incorporating

22  the community vision as a component has been found in

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

24  336.025(1)(b) and the ninth-cent fuel tax under s.

25  336.021(1)(a) by a majority vote of its governing body.

26         (14)  Local governments are also encouraged to

27  designate an urban service boundary. This area must be

28  appropriate for compact, contiguous urban development within a

29  10-year planning timeframe. The urban service area boundary

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

31  The local government shall demonstrate that the land included


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

 2  be served with adequate public facilities and services based

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

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

 5  improvements element which is financially feasible. The local

 6  government shall demonstrate that the amount of land within

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

 8  needed to accommodate the projected population growth at

 9  densities consistent with the adopted comprehensive plan

10  within the 10-year planning timeframe.

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

12  service boundary, the local government must hold two public

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

14  planning agency. Before those public meetings, the local

15  government must hold at least one public workshop with

16  stakeholder groups such as neighborhood associations,

17  community organizations, businesses, private property owners,

18  housing and development interests, and environmental

19  organizations.

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

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

22  its comprehensive plan to include the urban service boundary.

23  This plan amendment must be transmitted and adopted pursuant

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

25  the governing body other than those required under paragraph

26  (a).

27         2.  This subsection does not prohibit new development

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

29  that establishes an urban service boundary under this

30  subsection is encouraged to require a full-cost accounting

31  analysis for any new development outside the boundary and to


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 1  consider the results of that analysis when adopting a plan

 2  amendment for property outside the established urban service

 3  boundary.

 4         (c)  Amendments submitted under this subsection are

 5  exempt from the limitation on the frequency of plan amendments

 6  in s. 163.3187.

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

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

 9  subsection as part of its comprehensive plan and the plan

10  amendments incorporating the vision and the urban service

11  boundary have been found in compliance may levy the charter

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

13  vote of the governing body.

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

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

16  subsection and the plan amendments incorporating the vision

17  and the urban service boundary have been found in compliance

18  may levy the local government infrastructure surtax under s.

19  212.055(2) by a majority vote of its governing body.

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

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

22  subsection and the plan amendment incorporating the vision and

23  the urban service boundary has been found in compliance may

24  levy the local government infrastructure surtax under s.

25  212.055(2) and the small county surtax under s. 212.055(3) by

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

27  up to 2 percent.

28         (g)  A local government that has adopted an urban

29  service boundary after July 1, 2000 and before July 1, 2005,

30  which substantially accomplishes the goals set forth in this

31  subsection is not required to comply with paragraph (a) or


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 1  subparagraph 1. of paragraph (b) in order to be eligible for

 2  small scale amendment review and the exemption from

 3  development-of-regional-impact review under s. 163.3184.

 4         Section 3.  Section 163.31776, Florida Statutes, is

 5  repealed.

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

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

 8         163.31777  Public schools interlocal agreement.--

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

10  address interlocal-agreement requirements in s.

11  163.3180(13)(g), except for exempt local governments as

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

13  issues:

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

15  district school board agree and base their plans on consistent

16  projections of the amount, type, and distribution of

17  population growth and student enrollment. The geographic

18  distribution of jurisdiction-wide growth forecasts is a major

19  objective of the process.

20         (b)  A process to coordinate and share information

21  relating to existing and planned public school facilities,

22  including school renovations and closures, and local

23  government plans for development and redevelopment.

24         (c)  Participation by affected local governments with

25  the district school board in the process of evaluating

26  potential school closures, significant renovations to existing

27  schools, and new school site selection before land

28  acquisition. Local governments shall advise the district

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

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

31  including appropriate circumstances and criteria under which a


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 1  district school board may request an amendment to the

 2  comprehensive plan for school siting.

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

 4  of onsite and offsite improvements to support new, proposed

 5  expansion, or redevelopment of existing schools. The process

 6  must address identification of the party or parties

 7  responsible for the improvements.

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

 9  government regarding the effect of comprehensive plan

10  amendments on school capacity. The capacity reporting must be

11  consistent with laws and rules relating to measurement of

12  school facility capacity and must also identify how the

13  district school board will meet the public school demand based

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

15         (f)  Participation of the local governments in the

16  preparation of the annual update to the district school

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

18  educational plant survey prepared pursuant to s. 1013.35.

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

20  of either school board or local government facilities can be

21  shared for mutual benefit and efficiency.

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

23  the district school board and local governments, which may

24  include the dispute resolution processes contained in chapters

25  164 and 186.

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

27  public participation, for the implementation of the interlocal

28  agreement.

29  

30  A signatory to the interlocal agreement may elect not to

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


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

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

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

 4  the interlocal agreement. An interlocal agreement entered into

 5  pursuant to this section must be consistent with the adopted

 6  comprehensive plan and land development regulations of any

 7  local government that is a signatory.

 8         (5)  Any local government transmitting a public school

 9  element to implement school concurrency pursuant to the

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

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

12  agreement to conform with the provisions of this section if

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

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

15  county conducts its evaluation and appraisal report and

16  identifies changes necessary to more fully conform to the

17  provisions of this section.

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

19  municipalities meeting the exemption criteria in s.

20  163.3177(12) having no established need for a new school

21  facility and meeting the following criteria are exempt from

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

23         (a)  The municipality has no public schools located

24  within its boundaries.

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

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

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

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

29  district school board must verify in writing that no new

30  school facility will be needed in the municipality within the

31  5-year and 10-year timeframes.


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

 2  report, each exempt municipality shall assess the extent to

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

 4  163.3177(12) subsection (6). If the municipality continues to

 5  meet these criteria and the district school board verifies in

 6  writing that no new school facilities will be needed within

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

 8  continue to be exempt from the interlocal-agreement

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

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

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

12  5-year district facilities work program, a new school within

13  the municipality's jurisdiction.

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

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

16  (7), (9), (10), (13), and (15) of section 163.3180, Florida

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

18  to that section, to read:

19         163.3180  Concurrency.--

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

21  water, parks and recreation, schools, and transportation

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

23  only public facilities and services subject to the concurrency

24  requirement on a statewide basis. Additional public facilities

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

26  statewide basis without appropriate study and approval by the

27  Legislature; however, any local government may extend the

28  concurrency requirement so that it applies to additional

29  public facilities within its jurisdiction.

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

31  sanitary sewer, solid waste, drainage, adequate water


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

 2  available to serve new development no later than the issuance

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

 4  functional equivalent. Prior to approval of a building permit

 5  or its functional equivalent, the local government shall

 6  consult with the applicable water supplier to determine

 7  whether adequate water supplies to serve the new development

 8  will be available no later than the anticipated date of

 9  issuance by the local government of a certificate of occupancy

10  or its functional equivalent.

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

12  otherwise provided in this section, parks and recreation

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

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

15  local government of a certificate of occupancy or its

16  functional equivalent.  However, the acreage for such

17  facilities shall be dedicated or be acquired by the local

18  government prior to issuance by the local government of a

19  certificate of occupancy or its functional equivalent, or

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

21  committed no later than prior to issuance by the local

22  government's approval to commence construction government of a

23  certificate of occupancy or its functional equivalent.

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

25  otherwise provided in this section, transportation facilities

26  designated as part of the Florida Intrastate Highway System

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

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

29  local government approves a building permit or its functional

30  equivalent that results in traffic generation issuance by the

31  local government of a certificate of occupancy or its


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 1  functional equivalent. Other transportation facilities needed

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

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

 4  government of a certificate of occupancy or its functional

 5  equivalent.

 6         (4)

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

 8  to transportation facilities and public schools, as

 9  implemented in local government comprehensive plans, may be

10  waived by a local government for urban infill and

11  redevelopment areas designated pursuant to s. 163.2517 if such

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

13  by the local government in its local government comprehensive

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

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

16  local government may grant a concurrency exception pursuant to

17  subsection (5) for transportation facilities located within

18  these urban infill and redevelopment areas.

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

20  circumstances dealing with transportation facilities,

21  countervailing planning and public policy goals may come into

22  conflict with the requirement that adequate public facilities

23  and services be available concurrent with the impacts of such

24  development.  The Legislature further finds that often the

25  unintended result of the concurrency requirement for

26  transportation facilities is the discouragement of urban

27  infill development and redevelopment.  Such unintended results

28  directly conflict with the goals and policies of the state

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

30  exceptions from the concurrency requirement for transportation

31  facilities may be granted as provided by this subsection.


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

 2  concurrency requirement for transportation facilities if the

 3  proposed development is otherwise consistent with the adopted

 4  local government comprehensive plan and is a project that

 5  promotes public transportation or is located within an area

 6  designated in the comprehensive plan for:

 7         1.  Urban infill development,

 8         2.  Urban redevelopment,

 9         3.  Downtown revitalization, or

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

11         (c)  The Legislature also finds that developments

12  located within urban infill, urban redevelopment, existing

13  urban service, or downtown revitalization areas or areas

14  designated as urban infill and redevelopment areas under s.

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

16  transportation system should be excepted from the concurrency

17  requirement for transportation facilities.  A special

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

19  scheduled events during any calendar year and does not affect

20  the 100 highest traffic volume hours.

21         (d)  A local government shall establish guidelines in

22  the comprehensive plan for granting the exceptions authorized

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

24  must be consistent with and support a comprehensive strategy

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

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

27  implement strategies to support and fund mobility within the

28  designated exception area, including alternative modes of

29  transportation. The plan amendment shall also demonstrate how

30  strategies will support the purpose of the exception and how

31  mobility within the designated exception area will be


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 1  provided.  In addition, the strategies must address urban

 2  design; appropriate land use mixes, including intensity and

 3  density; and network connectivity plans needed to promote

 4  urban infill, redevelopment, or downtown revitalization.  The

 5  comprehensive plan amendment designating the concurrency

 6  exception area shall be accompanied by data and analysis

 7  justifying the size of the area.

 8         (f)  Prior to the designation of a concurrency

 9  exception area, the Department of Transportation shall be

10  consulted by the local government to assess the impact that

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

12  level of service standards established for Strategic

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

14  roadway facilities funded in accordance with s. 339.2819.

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

16  Department of Transportation, develop a plan to mitigate any

17  impacts to the Strategic Intermodal System, including, if

18  appropriate, the development of a long-term concurrency

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

20  163.3180(9). in the comprehensive plan. These guidelines must

21  include consideration of the impacts on the Florida Intrastate

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

23  be available only within the specific geographic area of the

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

25  any affected person may challenge a plan amendment

26  establishing these guidelines and the areas within which an

27  exception could be granted.

28         (g)  Transportation concurrency exception areas

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

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

31  


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 1  the comprehensive plan update pursuant to the evaluation and

 2  appraisal report, whichever occurs last.

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

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

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

 6  volume at the adopted level of service of the affected

 7  transportation facility as determined by the local government.

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

 9  volumes and the projected volumes from approved projects on a

10  transportation facility would exceed 110 percent of the

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

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

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

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

15  deficiency of the roadway. Local governments are encouraged to

16  adopt methodologies to encourage de minimis impacts on

17  transportation facilities within an existing urban service

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

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

20  designated hurricane evacuation routes. Each local government

21  shall maintain sufficient records to ensure that the

22  110-percent criterion is not exceeded. Each local government

23  shall submit annually, with its updated capital improvements

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

25  land planning agency determines that the 110-percent criterion

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

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

28  minimis exceptions for the applicable roadway may be granted

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

30  percent. The local government shall provide proof of this

31  


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 1  reduction to the state land planning agency before issuing

 2  further de minimis exceptions.

 3         (7)  In order to promote infill development and

 4  redevelopment, one or more transportation concurrency

 5  management areas may be designated in a local government

 6  comprehensive plan. A transportation concurrency management

 7  area must be a compact geographic area with an existing

 8  network of roads where multiple, viable alternative travel

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

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

11  for such a transportation concurrency management area based

12  upon an analysis that provides for a justification for the

13  areawide level of service, how urban infill development or

14  redevelopment will be promoted, and how mobility will be

15  accomplished within the transportation concurrency management

16  area. Prior to the designation of a concurrency management

17  area, the Department of Transportation shall be consulted by

18  the local government to assess the impact that the proposed

19  concurrency management area is expected to have on the adopted

20  level of service standards established for Strategic

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

22  roadway facilities funded in accordance with s. 339.2819.

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

24  Department of Transportation, develop a plan to mitigate any

25  impacts to the Strategic Intermodal System, including, if

26  appropriate, the development of a long-term concurrency

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

28  163.3180(9). Transportation concurrency management areas

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

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

31  the comprehensive plan update pursuant to the evaluation and


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 1  appraisal report, whichever occurs last. The state land

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

 3  Administrative Code, to be consistent with this subsection.

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

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

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

 7  years for specially designated districts or areas where

 8  significant backlogs exist. The plan may include interim

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

10  rely on the local government's schedule of capital

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

12  development orders that authorize commencement of construction

13  permits in these designated districts or areas. The

14  concurrency management system. It must be designed to correct

15  existing deficiencies and set priorities for addressing

16  backlogged facilities. The concurrency management system It

17  must be financially feasible and consistent with other

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

19  use map.

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

21  school facility backlog for existing development which cannot

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

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

24  schedule of capital improvements covering of up to 15 years

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

26  between that local government and all other similarly situated

27  local jurisdictions, using the following factors:

28         1.  The extent of the backlog.

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

30  roads.

31         3.  The cost of eliminating the backlog.


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 1         4.  The local government's tax and other

 2  revenue-raising efforts.

 3         (c)  The local government may issue approvals to

 4  commence construction notwithstanding s. 163.3180, consistent

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

 6  management system.

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

 8  concurrency management system, it must evaluate the system

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

10  its progress toward improving levels of service within the

11  long-term concurrency management district or area in the

12  evaluation and appraisal report and determine any changes that

13  are necessary to accelerate progress in meeting acceptable

14  levels of service.

15         (10)  With regard to roadway facilities on the

16  Strategic Intermodal System designated in accordance with ss.

17  339.61, 339.62, 339.63, and 339.64, the Florida Intrastate

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

19  facilities funded in accordance with s. 339.2819 with

20  concurrence from the Department of Transportation, the

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

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

23  local government in the comprehensive plan. For all other

24  facilities on the Florida Intrastate Highway System, local

25  governments shall adopt the level-of-service standard

26  established by the Department of Transportation by rule.  For

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

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

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

30  established by the Department of Transportation. In

31  establishing adequate level-of-service standards for any


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 1  arterial roads, or collector roads as appropriate, which

 2  traverse multiple jurisdictions, local governments shall

 3  consider compatibility with the roadway facility's adopted

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

 5  local government within a county shall use a professionally

 6  accepted methodology for measuring impacts on transportation

 7  facilities for the purposes of implementing its concurrency

 8  management system. Counties are encouraged to coordinate with

 9  adjacent counties, and local governments within a county are

10  encouraged to coordinate, for the purpose of using common

11  methodologies for measuring impacts on transportation

12  facilities for the purpose of implementing their concurrency

13  management systems.

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

15  shall be established on a districtwide basis and shall include

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

17  district, whether located in a municipality or an

18  unincorporated area unless exempt from the public school

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

20  application of school concurrency to development shall be

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

22  local governments within a county, except as provided in

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

24  planning agency the necessary plan amendments, along with the

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

26  163.3184(7) and (8). School concurrency shall not become

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

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

29  amendments, which together with the interlocal agreement, are

30  determined to be in compliance with the requirements of this

31  


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 1  part. The minimum requirements for school concurrency are the

 2  following:

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

 4  government shall adopt and transmit to the state land planning

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

 6  facilities element which is consistent with the requirements

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

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

 9  school facilities plan elements within a county must be

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

11  part.

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

13  recognizes that an essential requirement for a concurrency

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

15  facility is expected to operate.

16         1.  Local governments and school boards imposing school

17  concurrency shall exercise authority in conjunction with each

18  other to establish jointly adequate level-of-service

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

20  Code, necessary to implement the adopted local government

21  comprehensive plan, based on data and analysis.

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

23  included and adopted into the capital improvements element of

24  the local comprehensive plan and shall apply districtwide to

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

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

27  purpose facilities such as magnet schools.

28         3.  Local governments and school boards shall have the

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

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

31  circumstances warrant.


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

 2  essential requirement for a concurrency system is a

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

 4  be measured when an application for a residential development

 5  permit is reviewed for school concurrency purposes. This

 6  delineation is also important for purposes of determining

 7  whether the local government has a financially feasible public

 8  school capital facilities program that will provide schools

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

10  standards.

11         1.  In order to balance competing interests, preserve

12  the constitutional concept of uniformity, and avoid disruption

13  of existing educational and growth management processes, local

14  governments are encouraged to initially apply school

15  concurrency to development only on a districtwide basis so

16  that a concurrency determination for a specific development

17  will be based upon the availability of school capacity

18  districtwide. To ensure that development is coordinated with

19  schools having available capacity, within 5 years after

20  adoption of school concurrency, local governments shall apply

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

22  using school attendance zones or concurrency service areas, as

23  provided in subparagraph 2.

24         2.  For local governments applying school concurrency

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

26  attendance zones or larger school concurrency service areas,

27  local governments and school boards shall have the burden to

28  demonstrate that the utilization of school capacity is

29  maximized to the greatest extent possible in the comprehensive

30  plan and amendment, taking into account transportation costs

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


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    CS for CS for CS for SB 360                   Second Engrossed



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

 2  the service area boundaries selected by local governments and

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

 4  standards for establishing those boundaries, shall be

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

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

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

 8  concurrency system shall be by plan amendment and shall be

 9  exempt from the limitation on the frequency of plan amendments

10  in s. 163.3187(1).

11         3.  Where school capacity is available on a

12  districtwide basis but school concurrency is applied on a less

13  than districtwide basis in the form of concurrency service

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

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

16  a development permit and if the needed capacity for the

17  particular service area is available in one or more contiguous

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

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

20  final subdivision approval or the functional equivalent for a

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

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

23  shall be shifted to contiguous service areas with schools

24  having available capacity and mitigation measures shall not be

25  exacted.

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

27  that financial feasibility is an important issue because the

28  premise of concurrency is that the public facilities will be

29  provided in order to achieve and maintain the adopted

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

31  Administrative Code, contain specific standards to determine


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    CS for CS for CS for SB 360                   Second Engrossed



 1  the financial feasibility of capital programs. These standards

 2  were adopted to make concurrency more predictable and local

 3  governments more accountable.

 4         1.  A comprehensive plan amendment seeking to impose

 5  school concurrency shall contain appropriate amendments to the

 6  capital improvements element of the comprehensive plan,

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

 8  9J-5.016, Florida Administrative Code. The capital

 9  improvements element shall set forth a financially feasible

10  public school capital facilities program, established in

11  conjunction with the school board, that demonstrates that the

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

13  maintained.

14         2.  Such amendments shall demonstrate that the public

15  school capital facilities program meets all of the financial

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

17  Administrative Code, that apply to capital programs which

18  provide the basis for mandatory concurrency on other public

19  facilities and services.

20         3.  When the financial feasibility of a public school

21  capital facilities program is evaluated by the state land

22  planning agency for purposes of a compliance determination,

23  the evaluation shall be based upon the service areas selected

24  by the local governments and school board.

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

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

27  site plan, final subdivision approval, or the functional

28  equivalent for a development or phase of a development permit

29  authorizing residential development for failure to achieve and

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

31  capacity in a local option school concurrency management


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 1  system where adequate school facilities will be in place or

 2  under actual construction within 3 years after the permit

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

 4  functional equivalent. School concurrency shall be satisfied

 5  if the developer executes a legally binding commitment to

 6  provide mitigation proportionate to the demand for public

 7  school facilities to be created by actual development of the

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

 9  in subparagraph 1. Options for proportionate-share mitigation

10  of impacts on public school facilities shall be established in

11  the public school facilities element and the interlocal

12  agreement pursuant to s. 163.31777.

13         1.  Appropriate mitigation options include the

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

15  for land acquistion or construction of a public school

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

17  construction of a public school facility in exchange for the

18  right to sell capacity credits. Such options must include

19  execution by the applicant and the local government of a

20  binding development agreement that constitutes a legally

21  binding commitment to pay proportionate-share mitigation for

22  the additional residential units approved by the local

23  government in a development order and actually developed on

24  the property, taking into account residential density allowed

25  on the property prior to the plan amendment that increased

26  overall residential density. The district school board shall

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

28  into such a development agreement, the local government may

29  require the landowner to agree to continuing renewal of the

30  agreement upon its expiration.

31  


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 1         2.  If the education facilities plan and the public

 2  educational facilities element authorize a contribution of

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

 4  acquistion; or the construction or expansion of a public

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

 6  mitigation, the local government shall credit such a

 7  contribution, construction, expansion, or payment toward any

 8  other impact fee or exaction imposed by local ordinance for

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

10  value.

11         3.  Any proportionate-share mitigation must be directed

12  by the school board toward a school capacity improvement

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

14  and which satisfies the demands created by that development in

15  accordance with a binding developer's agreement.

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

17  local government to deny a development permit or its

18  functional equivalent pursuant to its home-rule regulatory

19  powers, except as provided in this part.

20         (f)  Intergovernmental coordination.--

21         1.  When establishing concurrency requirements for

22  public schools, a local government shall satisfy the

23  requirements for intergovernmental coordination set forth in

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

25  required to be a signatory to the interlocal agreement

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

27  prerequisite for imposition of school concurrency, and as a

28  nonsignatory, shall not participate in the adopted local

29  school concurrency system, if the municipality meets all of

30  the following criteria for having no significant impact on

31  school attendance:


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 1         a.  The municipality has issued development orders for

 2  fewer than 50 residential dwelling units during the preceding

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

 4  additional public school students during the preceding 5

 5  years.

 6         b.  The municipality has not annexed new land during

 7  the preceding 5 years in land use categories which permit

 8  residential uses that will affect school attendance rates.

 9         c.  The municipality has no public schools located

10  within its boundaries.

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

12  the boundaries of the municipality has been built upon.

13         2.  A municipality which qualifies as having no

14  significant impact on school attendance pursuant to the

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

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

17  163.3191 whether it continues to meet the criteria pursuant to

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

19  longer meets the criteria, it must adopt appropriate school

20  concurrency goals, objectives, and policies in its plan

21  amendments based on the evaluation and appraisal report, and

22  enter into the existing interlocal agreement required by ss.

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

24  participate in the school concurrency system.  If such a

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

26  enforcement provisions of s. 163.3191.

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

28  establishing concurrency requirements for public schools, a

29  local government must enter into an interlocal agreement that

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

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


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 1  The interlocal agreement shall acknowledge both the school

 2  board's constitutional and statutory obligations to provide a

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

 4  and the land use authority of local governments, including

 5  their authority to approve or deny comprehensive plan

 6  amendments and development orders.  The interlocal agreement

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

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

 9  with the other necessary amendments to the comprehensive plan

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

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

12  shall meet the following requirements:

13         1.  Establish the mechanisms for coordinating the

14  development, adoption, and amendment of each local

15  government's public school facilities element with each other

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

17  districtwide school concurrency system.

18         2.  Establish a process by which each local government

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

20  consistent projections of the amount, type, and distribution

21  of population growth and coordinate and share information

22  relating to existing and planned public school facilities

23  projections and proposals for development and redevelopment,

24  and infrastructure required to support public school

25  facilities.

26         2.3.  Establish a process for the development of siting

27  criteria which encourages the location of public schools

28  proximate to urban residential areas to the extent possible

29  and seeks to collocate schools with other public facilities

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

31  possible.


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

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

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

 4         4.5.  Establish a process for the preparation,

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

 6  school board of a public school capital facilities program

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

 8  incorporation of the public school capital facilities program

 9  into the local government comprehensive plans on an annual

10  basis.

11         5.6.  Define the geographic application of school

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

13  than districtwide basis in the form of concurrency service

14  areas, the agreement shall establish criteria and standards

15  for the establishment and modification of school concurrency

16  service areas.  The agreement shall also establish a process

17  and schedule for the mandatory incorporation of the school

18  concurrency service areas and the criteria and standards for

19  establishment of the service areas into the local government

20  comprehensive plans.  The agreement shall ensure maximum

21  utilization of school capacity, taking into account

22  transportation costs and court-approved desegregation plans,

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

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

25  standards for the geographic area of application throughout

26  the 5 years covered by the public school capital facilities

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

28  annual update.

29         6.7.  Establish a uniform districtwide procedure for

30  implementing school concurrency which provides for:

31  


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 1         a.  The evaluation of development applications for

 2  compliance with school concurrency requirements, including

 3  information provided by the school board on affected schools,

 4  impact on levels of service, and programmed improvements for

 5  affected schools and any options to provide sufficient

 6  capacity;

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

 8  comment on the effect of comprehensive plan amendments and

 9  rezonings on the public school facilities plan; and

10         c.  The monitoring and evaluation of the school

11  concurrency system.

12         7.8.  Include provisions relating to termination,

13  suspension, and amendment of the agreement. The agreement

14  shall provide that if the agreement is terminated or

15  suspended, the application of school concurrency shall be

16  terminated or suspended.

17         8.  A process and uniform methodology for determining

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

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

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

21  functional equivalent prior to the implementation of school

22  concurrency.

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

24  established under a local government comprehensive plan in

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

26  local comprehensive plan assigns secondary priority to vehicle

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

28  and attractive pedestrian environment, with convenient

29  interconnection to transit. Such districts must incorporate

30  community design features that will reduce the number of

31  automobile trips or vehicle miles of travel and will support


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 1  an integrated, multimodal transportation system. Prior to the

 2  designation of multimodal transportation districts, the

 3  Department of Transportation shall be consulted by the local

 4  government to assess the impact that the proposed multimodal

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

 6  service standards established for Strategic Intermodal System

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

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

 9  government shall, in cooperation with the Department of

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

11  Strategic Intermodal System, including the development of a

12  long-term concurrency management system pursuant to ss.

13  163.3177(3)(d) and 163.3180(9). Multimodal transportation

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

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

16  the time of the comprehensive plan update pursuant to the

17  evaluation and appraisal report, whichever occurs last.

18         (b)  Community design elements of such a district

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

20  educational, recreational, and cultural uses; interconnected

21  networks of streets designed to encourage walking and

22  bicycling, with traffic-calming where desirable; appropriate

23  densities and intensities of use within walking distance of

24  transit stops; daily activities within walking distance of

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

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

27  and attractive for the pedestrian, with adjoining buildings

28  open to the street and with parking not interfering with

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

30         (c)  Local governments may establish multimodal

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


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 1  modes of transportation within the district, when justified by

 2  an analysis demonstrating that the existing and planned

 3  community design will provide an adequate level of mobility

 4  within the district based upon professionally accepted

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

 6  take into consideration the impact on the Florida Intrastate

 7  Highway System. The analysis must also demonstrate that the

 8  capital improvements required to promote community design are

 9  financially feasible over the development or redevelopment

10  timeframe for the district and that community design features

11  within the district provide convenient interconnection for a

12  multimodal transportation system.  Local governments may issue

13  development permits in reliance upon all planned community

14  design capital improvements that are financially feasible over

15  the development or redevelopment timeframe for the district,

16  without regard to the period of time between development or

17  redevelopment and the scheduled construction of the capital

18  improvements.  A determination of financial feasibility shall

19  be based upon currently available funding or funding sources

20  that could reasonably be expected to become available over the

21  planning period.

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

23  access fees for development within multimodal transportation

24  districts based on the reduction of vehicle trips per

25  household or vehicle miles of travel expected from the

26  development pattern planned for the district.

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

28  method by which the impacts of development on transportation

29  facilities can be mitigated by the cooperative efforts of the

30  public and private sectors. The methodology used to calculate

31  proportionate fair-share mitigation under this subsection must


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

 2  purpose of funding public facilities necessary to accommodate

 3  any impacts having a rational nexus to the proposed

 4  development when the need to construct new facilities or add

 5  to the present system of public facilities is reasonably

 6  attributable to the proposed development.

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

 8  adopt by ordinance a transportation concurrency management

 9  system that shall include a methodology for assessing

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

11  2005, the Department of Transportation shall develop a model

12  transportation concurrency management ordinance with

13  methodologies for assessing proportionate fair-share

14  mitigation options.

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

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

17  that will be applied to calculate proportionate fair-share

18  mitigation to satisfy transportation concurrency requirements

19  when the impacted road segments are specifically identified

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

21  the capital improvements element of the local plan or the

22  long-term concurrency management system. If a proportionate

23  fair-share agreement or development order condition reflects

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

25  5-year schedule of capital improvements at the time of

26  approval, the local government shall reflect such improvement

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

28  update of the capital improvements element.

29         2.  Proportionate fair-share mitigation shall be

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

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


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 1  used to address the same capital infrastructure improvements

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

 3  The credit shall not apply to internal, onsite facilities

 4  required by local regulations or to any offsite facilities to

 5  the extent such facilities are necessary to provide safe and

 6  adequate services to the development. The proportionate

 7  fair-share methodology shall be applicable to all development

 8  contributing to the need for new or expanded public

 9  facilities.

10         (c)  Proportionate fair-share mitigation includes,

11  without limitation, separately or collectively, private funds,

12  contributions of land, and construction and contribution of

13  facilities and may include public funds as determined by the

14  local government. The fair market value of the proportionate

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

16  mitigation.

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

18  concurrency requirements, a local government may impose

19  proportionate fair-share mitigation adopted under this

20  subsection on a transportation facility regardless of whether

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

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

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

24  partnership or funding agreement to provide or govern the

25  provision of essential infrastructure deemed necessary by the

26  local government payable from available taxes, fees, special

27  assessments or developer contributions.

28         (f)  Mitigation for development impacts to facilities

29  on the Strategic Intermodal System made pursuant to this

30  subsection requires the concurrence of the Department of

31  Transportation.


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 1         (g)  The provisions of this subsection do not apply to

 2  a multiuse development of regional impact satisfying the

 3  requirements of subsection (12).

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

 5  163.3184, Florida Statutes, to read:

 6         163.3184  Process for adoption of comprehensive plan or

 7  plan amendment.--

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

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

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

11  solely to property within an urban service boundary in the

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

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

14  state and regional agency review is eliminated. The department

15  may not issue an objections, recommendations, and comments

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

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

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

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

20  challenge the compliance of an adopted plan amendment. This

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

22  critical state concern, to any amendment that increases

23  residential densities allowable in high-hazard coastal areas

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

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

26  comprehensive plan. Amendments submitted under this subsection

27  are exempt from the limitation on the frequency of plan

28  amendments in s. 163.3187.

29         (18)  The concurrency provisions of this act shall not

30  apply to development within:

31  


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 1         (a)  A development-of-regional-impact which was

 2  approved before July 1, 2005, or

 3         (b)  A proposed development-of-regional-impact which

 4  has an application for development approval determined to be

 5  sufficient pursuant to s. 380.06(10) before July 1, 2005.

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

 7  163.3191, Florida Statutes, are amended to read:

 8         163.3191  Evaluation and appraisal of comprehensive

 9  plan.--

10         (2)  The report shall present an evaluation and

11  assessment of the comprehensive plan and shall contain

12  appropriate statements to update the comprehensive plan,

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

14  other media, related to:

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

16  including annexation, since the adoption of the original plan

17  or the most recent update amendments.

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

19         (c)  The financial feasibility of implementing the

20  comprehensive plan and of providing needed infrastructure to

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

22  sustain concurrency management systems through the capital

23  improvements element, as well as the ability to address

24  infrastructure backlogs and meet the demands of growth on

25  public services and facilities.

26         (d)  The location of existing development in relation

27  to the location of development as anticipated in the original

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

29  and appraisal report update amendments, such as within areas

30  designated for urban growth.

31  


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

 2  jurisdiction and, where pertinent, the potential social,

 3  economic, and environmental impacts.

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

 5  the requirements of this part, the minimum criteria contained

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

 7  appropriate strategic regional policy plan since the adoption

 8  of the original plan or the most recent evaluation and

 9  appraisal report update amendments.

10         (g)  An assessment of whether the plan objectives

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

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

13  identification as to whether unforeseen or unanticipated

14  changes in circumstances have resulted in problems or

15  opportunities with respect to major issues identified in each

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

17  the issue.

18         (h)  A brief assessment of successes and shortcomings

19  related to each element of the plan.

20         (i)  The identification of any actions or corrective

21  measures, including whether plan amendments are anticipated to

22  address the major issues identified and analyzed in the

23  report.  Such identification shall include, as appropriate,

24  new population projections, new revised planning timeframes, a

25  revised future conditions map or map series, an updated

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

27  objectives, and policies for major issues identified within

28  each element.  This paragraph shall not require the submittal

29  of the plan amendments with the evaluation and appraisal

30  report.

31  


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

 2  activities undertaken by the local government in preparing the

 3  report.

 4         (k)  The coordination of the comprehensive plan with

 5  existing public schools and those identified in the applicable

 6  educational facilities plan adopted pursuant to s. 1013.35.

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

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

 9  associated planned residential development with public schools

10  and their capacities, as well as the joint decisionmaking

11  processes engaged in by the local government and the school

12  board in regard to establishing appropriate population

13  projections and the planning and siting of public school

14  facilities. For those counties or municipalities that do not

15  have a public schools interlocal agreement or public school

16  facility element, the assessment shall determine whether the

17  local government continues to meet the criteria of s.

18  163.3177(12). If the county or municipality determines that it

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

20  concurrency goals, objectives, and policies in its plan

21  amendments pursuant to the requirements of the public school

22  facility element, and enter into the existing interlocal

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

24  order to fully participate in the school concurrency system.

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

26  demonstrate that they are not relevant.

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

28  successful in identifying alternative water supply projects

29  and traditional water supply projects, including conservation

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

31  373.0361(2)(a) within the local government's jurisdiction. The


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 1  report must evaluate the degree to which the local government

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

 3  and regional water supply facilities, including development of

 4  alternative water supplies, The evaluation must consider the

 5  appropriate water management district's regional water supply

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

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

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

 9  facilities that are identified in the element as necessary to

10  serve existing and new development and for which the local

11  government is responsible.

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

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

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

15  property rights of current residents when redevelopment

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

17  a natural disaster. The property rights of current residents

18  shall be balanced with public safety considerations. The local

19  government must identify strategies to address redevelopment

20  feasibility and the property rights of affected residents.

21  These strategies may include the authorization of

22  redevelopment up to the actual built density in existence on

23  the property prior to the natural disaster or redevelopment.

24         (n)  An assessment of whether the criteria adopted

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

26  compatibility with military installations.

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

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

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

30  multimodal transportation district designated pursuant to s.

31  


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 1  163.3180(15) has achieved the purpose for which it was created

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

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

 4  needed to develop a common methodology for measuring impacts

 5  on transportation facilities for the purpose of implementing

 6  its concurrency management system in coordination with the

 7  municipalities and counties, as appropriate pursuant to s.

 8  163.3180(10).

 9         (10)  The governing body shall amend its comprehensive

10  plan based on the recommendations in the report and shall

11  update the comprehensive plan based on the components of

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

13  163.3187, and 163.3189.  Amendments to update a comprehensive

14  plan based on the evaluation and appraisal report shall be

15  adopted during a single amendment cycle within 18 months after

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

17  planning agency, except the state land planning agency may

18  grant an extension for adoption of a portion of such

19  amendments.  The state land planning agency may grant a

20  6-month extension for the adoption of such amendments if the

21  request is justified by good and sufficient cause as

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

23  granted if the request will result in greater coordination

24  between transportation and land use, for the purposes of

25  improving Florida's transportation system, as determined by

26  the agency in coordination with the Metropolitan Planning

27  Organization program.  Failure to timely adopt update

28  amendments to the comprehensive plan based on the evaluation

29  and appraisal report shall result in a local government being

30  prohibited from adopting amendments to the comprehensive plan

31  until the evaluation and appraisal report update amendments


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 1  have been adopted and transmitted to the state land planning

 2  agency. The prohibition on plan amendments shall commence when

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

 4  The comprehensive plan as amended shall be in compliance as

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

 6  effective date of the update amendments to the comprehensive

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

 8  planning agency and to all agencies designated by rule a

 9  complete copy of the updated comprehensive plan.

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

11  (2), (3), and (6) of section 212.055, Florida Statutes, are

12  amended to read:

13         212.055  Discretionary sales surtaxes; legislative

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

15  legislative intent that any authorization for imposition of a

16  discretionary sales surtax shall be published in the Florida

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

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

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

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

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

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

23  be expended; and such other requirements as the Legislature

24  may provide.  Taxable transactions and administrative

25  procedures shall be as provided in s. 212.054.

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

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

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

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

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

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


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

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

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

 4  noncharter county or a charter county has updated its capital

 5  improvements element no earlier than 2005 and if its

 6  comprehensive plan has been determined to be in compliance,

 7  the noncharter county or charter county may levy a

 8  discretionary sales surtax pursuant to this subsection by

 9  majority vote of the membership of its governing body or

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

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

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

13  used to supplement, not supplant, existing infrastructure

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

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

16  percent.

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

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

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

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

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

22  the governing body.

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

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

25  combination the county commission deems appropriate:

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

27  be used for the purposes of development, construction,

28  equipment, maintenance, operation, supportive services,

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

30  fixed guideway rapid transit system;

31  


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

 2  expressway or transportation authority created by law to be

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

 4  development, construction, operation, or maintenance of roads

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

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

 7  existing bonds issued for the construction of such roads or

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

 9  proceeds may be pledged for bonds issued to refinance existing

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

11  or bridges;

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

13  construction, operation, and maintenance of roads and bridges

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

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

16  principal and interest on bonds issued for the construction of

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

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

19  body of the county for bonds issued to refinance existing

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

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

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

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

24  development, construction, operation, and maintenance of roads

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

26  expansion, operation, and maintenance of bus and fixed

27  guideway systems; and for the payment of principal and

28  interest on bonds issued for the construction of fixed

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

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

31  body of the county for bonds issued to refinance existing


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

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

 3  bridges. Pursuant to an interlocal agreement entered into

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

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

 6  or an expressway or transportation authority created by law to

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

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

 9  no interlocal agreement with a municipality, distribution of

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

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

12  218.62.

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

14  transportation projects identified in a regional

15  transportation plan developed in accordance with s.

16  339.155(c), (d), and (e), and capital funding for projects

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

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

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

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

21  concurrency management system adopted by a local government in

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

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

24  supplement, not supplant, existing infrastructure funding. In

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

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

27         1.  An advisory board must be created to make

28  recommendations to the board of county commissioners regarding

29  infrastructure projects to address the needs of the community.

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

31  advisory board who represent the diversity of the community


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 1  and shall include individuals having an interest in business,

 2  finance and accounting, economic development, the environment,

 3  transportation, municipal government, education, and public

 4  safety and growth management professionals. Based on the

 5  estimated amount of the surtax collections, the advisory board

 6  must conduct at least two public workshops to develop a

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

 8  existing infrastructure deficits identified in a long-term

 9  concurrency management system adopted by a local government in

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

11  capital improvements element. A quorum shall consist of a

12  majority of the advisory board members and is necessary to

13  take any action regarding recommendations to the governing

14  board of the local government. The board of county

15  commissioners shall provide staff support to the advisory

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

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

18         2.  After the advisory board submits the project list

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

20  board of county commissioners. 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 list may not be approved at the same meeting at

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

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

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

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

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

30  the recommended project list, it may adopt the proposed

31  


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 1  project list at a public meeting following public notice of

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

 3         4.  The capital improvements schedule of the local

 4  government comprehensive plan shall be updated to reflect the

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

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

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

 8  ordinance. The board of county commissioners shall conduct a

 9  public hearing to allow for public input on the proposed

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

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

12  adopted.

13         6.  Once the ordinance adopting the surtax has been

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

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

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

17  removing projects from the list. The board of county

18  commissioners must take public testimony on the proposal.

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

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

21  subsequent noticed public meeting that must be held at least

22  14 days after the meeting at which the proposed changes to the

23  project list were discussed.

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

25  monitor the expenditure of the tax proceeds and shall hold

26  semiannual meetings. The advisory board shall also monitor

27  whether the county has maintained or increased the level of

28  infrastructure expenditures over the previous 5 years.

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

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

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


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 1  Municipalities within a charter county that levies the surtax

 2  by majority vote may not receive surtax proceeds unless they

 3  have also completed these requirements. Surtax proceeds may

 4  only be expended within an urban service boundary.

 5         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

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

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

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

 9  majority of the members of the county governing authority or

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

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

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

13  population adopt uniform resolutions establishing the rate of

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

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

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

17  county voting in the referendum on the surtax.

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

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

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

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

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

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

24  county voting in a referendum on the surtax.

25         (b)  A statement which includes a brief general

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

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

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

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

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

31  municipalities representing a majority of the county's


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 1  population adopt uniform resolutions calling for a referendum

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

 3  ballot:

 4  

 5        ....FOR the               ....-cent sales tax

 6        ....AGAINST the           ....-cent sales tax

 7  

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

 9  surtax levied under this subsection shall be distributed to

10  the county and the municipalities within such county in which

11  the surtax was collected, according to:

12         1.  An interlocal agreement between the county

13  governing authority and the governing bodies of the

14  municipalities representing a majority of the county's

15  municipal population, which agreement may include a school

16  district with the consent of the county governing authority

17  and the governing bodies of the municipalities representing a

18  majority of the county's municipal population; or

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

20  the formula provided in s. 218.62.

21  

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

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

24  written notification of that change has been made to the

25  department.

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

27  subsection and any interest accrued thereto shall be expended

28  by the school district or within the county and municipalities

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

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

31  construct infrastructure and to acquire land for public


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 1  recreation or conservation or protection of natural resources

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

 3  owned solid waste landfills that are already closed or are

 4  required to close by order of the Department of Environmental

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

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

 7  Neither the proceeds nor any interest accrued thereto shall be

 8  used for operational expenses of any infrastructure, except

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

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

11  Environmental Protection may use the proceeds or any interest

12  accrued thereto for long-term maintenance costs associated

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

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

15  any interest accrued thereto to retire or service indebtedness

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

17  infrastructure purposes, and for bonds subsequently issued to

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

19  purposes of retiring or servicing indebtedness incurred for

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

21         2.  For the purposes of this paragraph,

22  "infrastructure" means:

23         a.  Any fixed capital expenditure or fixed capital

24  outlay associated with the construction, reconstruction, or

25  improvement of public facilities which have a life expectancy

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

27  design, and engineering costs related thereto.

28         b.  A fire department vehicle, an emergency medical

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

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

31  


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 1  necessary to outfit the vehicle for its official use or

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

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

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

 5  facilities as defined in s. 29.008.

 6         3.  Notwithstanding any other provision of this

 7  subsection, a discretionary sales surtax imposed or extended

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

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

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

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

12  economic development projects of a general public purpose

13  targeted to improve local economies, including the funding of

14  operational costs and incentives related to such economic

15  development. The ballot statement must indicate the intention

16  to make an allocation under the authority of this

17  subparagraph.

18         (e)  School districts, counties, and municipalities

19  receiving proceeds under the provisions of this subsection may

20  pledge such proceeds for the purpose of servicing new bond

21  indebtedness incurred pursuant to law. Local governments may

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

23  Board of Administration pursuant to the State Bond Act to

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

25  no case may a jurisdiction issue bonds pursuant to this

26  subsection more frequently than once per year. Counties and

27  municipalities may join together for the issuance of bonds

28  authorized by this subsection.

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

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

31  designated as an area of critical state concern on the


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

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

 3  for any public purpose if:

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

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

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

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

 8  ordinance pursuant to the procedure provided in s. 125.66

 9  authorizing additional uses of the surtax proceeds and

10  interest.

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

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

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

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

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

16  surtax for any purpose other than an infrastructure purpose

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

18  comprehensive plan has been determined to be in compliance

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

20  an amendment to its surtax ordinance or resolution pursuant to

21  the procedure provided in s. 166.041 authorizing additional

22  uses of the surtax proceeds and interest.  Such municipality

23  may expend the surtax proceeds and interest for any public

24  purpose authorized in the amendment.

25         3.  Those counties designated as an area of critical

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

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

28  for any public purpose other than for infrastructure purposes

29  authorized by this section.

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

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


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

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

 3  which an infrastructure surtax referendum is placed before the

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

 5  the proceeds and interest of the surtax for operation and

 6  maintenance of parks and recreation programs and facilities

 7  established with the proceeds of the surtax throughout the

 8  duration of the surtax levy or while interest earnings

 9  accruing from the proceeds of the surtax are available for

10  such use, whichever period is longer.

11         (h)  Notwithstanding any other provision of this

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

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

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

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

16  local option sales surtax authorized in this subsection and

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

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

19  not supplant, existing infrastructure funding. In order to

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

21  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  economic development, the environment, transportation,

29  municipal government, education, and public safety and growth

30  management professionals. Based on the estimated amount of the

31  surtax collections, the advisory board must conduct at least


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

 2  be given to projects that address existing infrastructure

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

 4  board members and is necessary to take any action regarding

 5  recommendations to the governing board of the local

 6  government. The board of county commissioners shall provide

 7  staff support to the advisory board. All advisory board

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

 9  shall be available to the public.

10         2.  After the advisory board submits the project list

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

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

13  of the intent to add additional projects or remove projects

14  recommended by the advisory board. Actions to amend the

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

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

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

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

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

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

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

22  the recommended project list, it may adopt the proposed

23  project list at a public meeting following public notice of

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

25         4.  The capital improvement schedule of the local

26  government comprehensive plan shall be updated to reflect the

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

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

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

30  ordinance. The board of county commissioners shall conduct a

31  public hearing to allow for public input on the proposed


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

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

 3  adopted.

 4         6.  Once the ordinance adopting the surtax has been

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

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

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

 8  removing projects from the list. The board of county

 9  commissioners must take public testimony on the proposal.

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

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

12  subsequent noticed public meeting that must be held at least

13  14 days after the meeting at which the proposed changes to the

14  project list were discussed.

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

16  monitor the expenditure of the tax proceeds and shall hold

17  semiannual meetings. The advisory board shall also monitor

18  whether the county has maintained or increased the level of

19  infrastructure expenditures over the previous 5 years.

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

21  of the governing body unless it has established an urban

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

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

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

25  not receive surtax proceeds unless they have also completed

26  these requirements. Surtax proceeds may only be expended

27  within an urban service boundary.

28         (3)  SMALL COUNTY SURTAX.--

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

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

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


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

 2  an extraordinary vote of the members of the county governing

 3  authority if the surtax revenues are expended for operating

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

 5  of servicing bond indebtedness, the surtax shall be approved

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

 7  referendum on the surtax.

 8         (b)  A statement that includes a brief general

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

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

11  the ballot by the governing authority of any county that

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

13  the surtax for the purpose of servicing bond indebtedness.

14  The following question shall be placed on the ballot:

15  

16        ....FOR the               ....-cent sales tax

17        ....AGAINST the           ....-cent sales tax

18  

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

20  surtax levied under this subsection shall be distributed to

21  the county and the municipalities within the county in which

22  the surtax was collected, according to:

23         1.  An interlocal agreement between the county

24  governing authority and the governing bodies of the

25  municipalities representing a majority of the county's

26  municipal population, which agreement may include a school

27  district with the consent of the county governing authority

28  and the governing bodies of the municipalities representing a

29  majority of the county's municipal population; or

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

31  the formula provided in s. 218.62.


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 1  

 2  Any change in the distribution formula shall take effect on

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

 4  written notification of that change has been made to the

 5  department.

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

 7  referendum, the proceeds of the surtax and any interest

 8  accrued thereto may be expended by the school district or

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

10  the case of a negotiated joint county agreement, within

11  another county, for the purpose of servicing bond indebtedness

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

13  land for public recreation or conservation or protection of

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

15  to an ordinance approved by an extraordinary vote of the

16  members of the county governing authority, the proceeds and

17  any interest accrued thereto may be used for operational

18  expenses of any infrastructure or for any public purpose

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

20         2.  For the purposes of this paragraph,

21  "infrastructure" means any fixed capital expenditure or fixed

22  capital costs associated with the construction,

23  reconstruction, or improvement of public facilities that have

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

25  land improvement, design, and engineering costs related

26  thereto.

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

28  receives proceeds under this subsection following a referendum

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

30  indebtedness incurred pursuant to law. Local governments may

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


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

 2  of this subsection.  A jurisdiction may not issue bonds

 3  pursuant to this subsection more frequently than once per

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

 5  bonds authorized by this subsection.

 6         (f)  Notwithstanding any other provision of this

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

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

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

10         (6)  SCHOOL CAPITAL OUTLAY SURTAX.--

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

12  to resolution conditioned to take effect only upon approval by

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

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

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

16  percent.

17         (b)  The resolution shall include a statement that

18  provides a brief and general description of the school capital

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

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

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

22  following question shall be placed on the ballot:

23  

24        ....FOR THE               ....CENTS TAX

25        ....AGAINST THE           ....CENTS TAX

26  

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

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

29  for fixed capital expenditures or fixed capital costs

30  associated with the construction, reconstruction, or

31  improvement of school facilities and campuses which have a


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

 2  acquisition, land improvement, design, and engineering costs

 3  related thereto. Additionally, the plan shall include the

 4  costs of retrofitting and providing for technology

 5  implementation, including hardware and software, for the

 6  various sites within the school district.  Surtax revenues may

 7  be used for the purpose of servicing bond indebtedness to

 8  finance projects authorized by this subsection, and any

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

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

11  accrued thereto shall be used for operational expenses.

12         (d)  Any school board receiving proceeds from imposing

13  the surtax shall implement a freeze on noncapital local school

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

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

16  3 years from the date of imposition of the surtax.  This

17  provision shall not apply to existing debt service or required

18  state taxes.

19         (e)  Surtax revenues collected by the Department of

20  Revenue pursuant to this subsection shall be distributed to

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

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

23  supplement, not supplant, existing school capital outlay

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

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

26  process:

27         1.  An advisory board must be created to make

28  recommendations to the school board regarding the use of the

29  surtax proceeds for fixed capital expenditures or fixed

30  capital costs associated with the construction,

31  reconstruction, or improvement of school facilities and


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

 2  and any land acquisition, land improvement, design, and

 3  engineering costs related thereto. The school board shall

 4  appoint members to the advisory board who represent the

 5  diversity of the community and shall include individuals with

 6  an interest in business, economic development, the

 7  environment, municipal government, education, and public

 8  safety and growth management professionals. Based on the

 9  estimated amount of the surtax collections, the advisory board

10  will conduct at least two public workshops to develop a

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

12  advisory board members and is necessary to take any action

13  regarding recommendations to the school board. The school

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

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

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

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

18  school board must adopt or amend the project list by

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

20  county commissioners.

21         2.  After the advisory board submits the project list

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

23  only in the following fashion. A public notice must be given

24  of the intent to add additional projects or remove projects

25  recommended by the advisory board.  Actions to amend the

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

27  amended, the project list must be approved at a subsequent

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

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

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

31  the meeting at which the list was amended.


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

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

 3  public meeting following public notice of the intent to adopt

 4  the recommendations of the advisory board.

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

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

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

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

 9  resolution for the surtax and adopting the project list may

10  not be accomplished at the same meeting.

11         5.  Once the resolution adopting the surtax has been

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

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

14  hold a public hearing to discuss adding or removing projects

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

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

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

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

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

20  changes to the project list were discussed.

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

22  monitor the expenditure of the tax proceeds and shall hold

23  semiannual meetings. The advisory board shall also monitor

24  whether the school board has maintained or increased the level

25  of school capital outlay expenditures over the previous 5

26  years.

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

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

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

30  of educational facilities and may not exceed the maximum

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


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 1         Section 9.  Effective January 1, 2006, paragraph (a) of

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

 3  amended to read:

 4         336.021  County transportation system; levy of

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

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

 7  extraordinary vote of the membership of its governing body or

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

 9  206.41(1)(d) and 206.87(1)(b). County and municipal

10  governments may use the moneys received under this paragraph

11  only for transportation expenditures as defined in s.

12  336.025(7). A county may not levy this surtax by majority vote

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

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

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

16  proceeds unless they have also completed this requirement.

17         Section 10.  Paragraph (b) of subsection (1) of section

18  336.025, Florida Statutes, is amended to read:

19         336.025  County transportation system; levy of local

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

21         (1)

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

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

24  3-cent, 4-cent, or 5-cent local option fuel tax upon every

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

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

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

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

29  by referendum.

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

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


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

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

 3  year may be reimposed at the current authorized rate effective

 4  September 1 of the year of expiration.

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

 6  by interlocal agreement with one or more municipalities

 7  located therein, representing a majority of the population of

 8  the incorporated area within the county, a distribution

 9  formula for dividing the entire proceeds of the tax among

10  county government and all eligible municipalities within the

11  county. If no interlocal agreement is adopted before the

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

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

14  agreement exists, a new interlocal agreement may be

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

16  subparagraph. However, any interlocal agreement agreed to

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

18  change in the tax rate authorized in this section shall under

19  no circumstances materially or adversely affect the rights of

20  holders of outstanding bonds which are backed by taxes

21  authorized by this paragraph, and the amounts distributed to

22  the county government and each municipality shall not be

23  reduced below the amount necessary for the payment of

24  principal and interest and reserves for principal and interest

25  as required under the covenants of any bond resolution

26  outstanding on the date of establishment of the new interlocal

27  agreement.

28         3.  County and municipal governments shall use moneys

29  received pursuant to this paragraph for transportation

30  expenditures needed to meet the requirements of the capital

31  improvements element of an adopted comprehensive plan or for


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 1  expenditures needed to meet immediate local transportation

 2  problems and for other transportation-related expenditures

 3  that are critical for building comprehensive roadway networks

 4  by local governments. For purposes of this paragraph,

 5  expenditures for the construction of new roads, the

 6  reconstruction or resurfacing of existing paved roads, or the

 7  paving of existing graded roads shall be deemed to increase

 8  capacity and such projects shall be included in the capital

 9  improvements element of an adopted comprehensive plan.

10  Expenditures for purposes of this paragraph shall not include

11  routine maintenance of roads.

12         4.  A county may not levy this surtax by majority vote

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

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

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

16  proceeds unless they have also completed this requirement.

17         Section 11.  Paragraph (b) of subsection (4) of section

18  339.135, Florida Statutes, is amended to read:

19         339.135  Work program; legislative budget request;

20  definitions; preparation, adoption, execution, and

21  amendment.--

22         (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--

23         (b)1.  A tentative work program, including the ensuing

24  fiscal year and the successive 4 fiscal years, shall be

25  prepared for the State Transportation Trust Fund and other

26  funds managed by the department, unless otherwise provided by

27  law.  The tentative work program shall be based on the

28  district work programs and shall set forth all projects by

29  phase to be undertaken during the ensuing fiscal year and

30  planned for the successive 4 fiscal years. The total amount of

31  the liabilities accruing in each fiscal year of the tentative


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 1  work program may not exceed the revenues available for

 2  expenditure during the respective fiscal year based on the

 3  cash forecast for that respective fiscal year.

 4         2.  The tentative work program shall be developed in

 5  accordance with the Florida Transportation Plan required in s.

 6  339.155 and must comply with the program funding levels

 7  contained in the program and resource plan.

 8         3.  The department may include in the tentative work

 9  program proposed changes to the programs contained in the

10  previous work program adopted pursuant to subsection (5);

11  however, the department shall minimize changes and adjustments

12  that affect the scheduling of project phases in the 4 common

13  fiscal years contained in the previous adopted work program

14  and the tentative work program.  The department, in the

15  development of the tentative work program, shall advance by 1

16  fiscal year all projects included in the second year of the

17  previous year's adopted work program, unless the secretary

18  specifically determines that it is necessary, for specific

19  reasons, to reschedule or delete one or more projects from

20  that year.  Such changes and adjustments shall be clearly

21  identified, and the effect on the 4 common fiscal years

22  contained in the previous adopted work program and the

23  tentative work program shall be shown.  It is the intent of

24  the Legislature that the first 5 years of the adopted work

25  program for facilities designated as part of the Florida

26  Intrastate Highway System and the first 3 years of the adopted

27  work program stand as the commitment of the state to undertake

28  transportation projects that local governments may rely on for

29  planning and concurrency purposes and in the development and

30  amendment of the capital improvements elements of their local

31  government comprehensive plans.


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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 12.  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 13.  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 14.  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 15.  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 16.  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 17.  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 18.  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 19.  Paragraphs (l) and (m) are added to

12  subsection (24) 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         (m)  Any proposed development within a rural land

26  stewardship area created under s. 163.3177(11)(d) is exempt

27  from the provisions of this section if the local government

28  that has adopted the rural land stewardship area has entered

29  into a binding agreement with jurisdictions that would be

30  impacted and the Department of Transportation regarding the

31  mitigation of impacts on state and regional transportation


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 1  facilities, and has adopted a proportionate share methodology

 2  pursuant to s. 163.3180(16).

 3         Section 20.  Subsections (3), (7), and (8) of section

 4  1013.33, Florida Statutes, are amended to read:

 5         1013.33  Coordination of planning with local governing

 6  bodies.--

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

 8  address interlocal-agreement requirements in s.

 9  163.3180(13)(g), except for exempt local governments as

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

11  issues:

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

13  district school board agree and base their plans on consistent

14  projections of the amount, type, and distribution of

15  population growth and student enrollment. The geographic

16  distribution of jurisdiction-wide growth forecasts is a major

17  objective of the process.

18         (b)  A process to coordinate and share information

19  relating to existing and planned public school facilities,

20  including school renovations and closures, and local

21  government plans for development and redevelopment.

22         (c)  Participation by affected local governments with

23  the district school board in the process of evaluating

24  potential school closures, significant renovations to existing

25  schools, and new school site selection before land

26  acquisition. Local governments shall advise the district

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

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

29  including appropriate circumstances and criteria under which a

30  district school board may request an amendment to the

31  comprehensive plan for school siting.


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

 2  of onsite and offsite improvements to support new

 3  construction, proposed expansion, or redevelopment of existing

 4  schools. The process shall address identification of the party

 5  or parties responsible for the improvements.

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

 7  government regarding the effect of comprehensive plan

 8  amendments on school capacity. The capacity reporting must be

 9  consistent with laws and rules regarding measurement of school

10  facility capacity and must also identify how the district

11  school board will meet the public school demand based on the

12  facilities work program adopted pursuant to s. 1013.35.

13         (f)  Participation of the local governments in the

14  preparation of the annual update to the school board's 5-year

15  district facilities work program and educational plant survey

16  prepared pursuant to s. 1013.35.

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

18  of either school board or local government facilities can be

19  shared for mutual benefit and efficiency.

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

21  the district school board and local governments, which may

22  include the dispute resolution processes contained in chapters

23  164 and 186.

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

25  public participation, for the implementation of the interlocal

26  agreement.

27  

28  A signatory to the interlocal agreement may elect not to

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

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

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


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

 2  the interlocal agreement. An interlocal agreement entered into

 3  pursuant to this section must be consistent with the adopted

 4  comprehensive plan and land development regulations of any

 5  local government that is a signatory.

 6         (7)  Except as provided in subsection (8),

 7  municipalities meeting the exemption criteria in s.

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

 9  meeting the following criteria are exempt from the

10  requirements of subsections (2), (3), and (4).:

11         (a)  The municipality has no public schools located

12  within its boundaries.

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

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

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

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

17  district school board must verify in writing that no new

18  school facility will be needed in the municipality within the

19  5-year and 10-year timeframes.

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

21  report, each exempt municipality shall assess the extent to

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

23  163.3177(12) subsection (7). If the municipality continues to

24  meet these criteria and the district school board verifies in

25  writing that no new school facilities will be needed within

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

27  continue to be exempt from the interlocal-agreement

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

29  subsection (7) must comply with the provisions of subsections

30  (2)-(8) within 1 year after the district school board

31  


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 1  proposes, in its 5-year district facilities work program, a

 2  new school within the municipality's jurisdiction.

 3         Section 21.  Subsection (2) of section 206.46, Florida

 4  Statutes, is amended to read:

 5         206.46  State Transportation Trust Fund.--

 6         (2)  Notwithstanding any other provisions of law, from

 7  the revenues deposited into the State Transportation Trust

 8  Fund a maximum of 7 percent in each fiscal year shall be

 9  transferred into the Right-of-Way Acquisition and Bridge

10  Construction Trust Fund created in s. 215.605, as needed to

11  meet the requirements of the documents authorizing the bonds

12  issued or proposed to be issued under ss. 215.605 and 337.276

13  or at a minimum amount sufficient to pay for the debt service

14  coverage requirements of outstanding bonds. Notwithstanding

15  the 7 percent annual transfer authorized in this subsection,

16  the annual amount transferred under this subsection shall not

17  exceed an amount necessary to provide the required debt

18  service coverage levels for a maximum debt service not to

19  exceed $275 $200 million.  Such transfer shall be payable

20  primarily from the motor and diesel fuel taxes transferred to

21  the State Transportation Trust Fund from the Fuel Tax

22  Collection Trust Fund.

23         Section 22.  Subsection (1) of section 339.08, Florida

24  Statutes, is amended to read:

25         339.08  Use of moneys in State Transportation Trust

26  Fund.--

27         (1)  The department shall expend moneys in the State

28  Transportation Trust Fund accruing to the department, in

29  accordance with its annual budget. The use of such moneys

30  shall be restricted to the following purposes:

31  


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 1         (a)  To pay administrative expenses of the department,

 2  including administrative expenses incurred by the several

 3  state transportation districts, but excluding administrative

 4  expenses of commuter rail authorities that do not operate rail

 5  service.

 6         (b)  To pay the cost of construction of the State

 7  Highway System.

 8         (c)  To pay the cost of maintaining the State Highway

 9  System.

10         (d)  To pay the cost of public transportation projects

11  in accordance with chapter 341 and ss. 332.003-332.007.

12         (e)  To reimburse counties or municipalities for

13  expenditures made on projects in the State Highway System as

14  authorized by s. 339.12(4) upon legislative approval.

15         (f)  To pay the cost of economic development

16  transportation projects in accordance with s. 288.063.

17         (g)  To lend or pay a portion of the operating,

18  maintenance, and capital costs of a revenue-producing

19  transportation project that is located on the State Highway

20  System or that is demonstrated to relieve traffic congestion

21  on the State Highway System.

22         (h)  To match any federal-aid funds allocated for any

23  other transportation purpose, including funds allocated to

24  projects not located in the State Highway System.

25         (i)  To pay the cost of county road projects selected

26  in accordance with the Small County Road Assistance Program

27  created in s. 339.2816.

28         (j)  To pay the cost of county or municipal road

29  projects selected in accordance with the County Incentive

30  Grant Program created in s. 339.2817 and the Small County

31  Outreach Program created in s. 339.2818.


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 1         (k)  To provide loans and credit enhancements for use

 2  in constructing and improving highway transportation

 3  facilities selected in accordance with the state-funded

 4  infrastructure bank created in s. 339.55.

 5         (l)  To pay the cost of projects on the Florida

 6  Strategic Intermodal System created in s. 339.61.

 7         (m)  To pay the cost of transportation projects

 8  selected in accordance with the Transportation Regional

 9  Incentive Program created in s. 339.2819.

10         (n)(m)  To pay other lawful expenditures of the

11  department.

12         Section 23.  Paragraphs (c), (d), and (e) are added to

13  subsection (5) of section 339.155, Florida Statutes, to read:

14         339.155  Transportation planning.--

15         (5)  ADDITIONAL TRANSPORTATION PLANS.--

16         (c)  Regional transportation plans may be developed in

17  regional transportation areas in accordance with an interlocal

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

19  contiguous metropolitan planning organizations; one or more

20  metropolitan planning organizations and one or more contiguous

21  counties, none of which is a member of a metropolitan planning

22  organization; a multicounty regional transportation authority

23  created by or pursuant to law; two or more contiguous counties

24  that are not members of a metropolitan planning organization;

25  or metropolitan planning organizations comprised of three or

26  more counties.

27         (d)  The interlocal agreement must, at a minimum,

28  identify the entity that will coordinate the development of

29  the regional transportation plan; delineate the boundaries of

30  the regional transportation area; provide the duration of the

31  agreement and specify how the agreement may be terminated,


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 1  modified, or rescinded; describe the process by which the

 2  regional transportation plan will be developed; and provide

 3  how members of the entity will resolve disagreements regarding

 4  interpretation of the interlocal agreement or disputes

 5  relating to the development or content of the regional

 6  transportation plan. Such interlocal agreement shall become

 7  effective upon its recordation in the official public records

 8  of each county in the regional transportation area.

 9         (e)  The regional transportation plan developed

10  pursuant to this section must, at a minimum, identify

11  regionally significant transportation facilities located

12  within a regional transportation area and contain a

13  prioritized list of regionally significant projects. The

14  level-of-service standards for facilities to be funded under

15  this subsection shall be adopted by the appropriate local

16  government in accordance with s. 163.3180(10). The projects

17  shall be adopted into the capital improvements schedule of the

18  local government comprehensive plan pursuant to s.

19  163.3177(3).

20         Section 24.  Section 339.175, Florida Statutes, is

21  amended to read:

22         339.175  Metropolitan planning organization.--It is the

23  intent of the Legislature to encourage and promote the safe

24  and efficient management, operation, and development of

25  surface transportation systems that will serve the mobility

26  needs of people and freight within and through urbanized areas

27  of this state while minimizing transportation-related fuel

28  consumption and air pollution. To accomplish these objectives,

29  metropolitan planning organizations, referred to in this

30  section as M.P.O.'s, shall develop, in cooperation with the

31  state and public transit operators, transportation plans and


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 1  programs for metropolitan areas. The plans and programs for

 2  each metropolitan area must provide for the development and

 3  integrated management and operation of transportation systems

 4  and facilities, including pedestrian walkways and bicycle

 5  transportation facilities that will function as an intermodal

 6  transportation system for the metropolitan area, based upon

 7  the prevailing principles provided in s. 334.046(1). The

 8  process for developing such plans and programs shall provide

 9  for consideration of all modes of transportation and shall be

10  continuing, cooperative, and comprehensive, to the degree

11  appropriate, based on the complexity of the transportation

12  problems to be addressed. To ensure that the process is

13  integrated with the statewide planning process, M.P.O.'s shall

14  develop plans and programs that identify transportation

15  facilities that should function as an integrated metropolitan

16  transportation system, giving emphasis to facilities that

17  serve important national, state, and regional transportation

18  functions. For the purposes of this section, those facilities

19  include the facilities on the Strategic Intermodal System

20  designated under s. 339.63 and facilities for which projects

21  have been identified pursuant to s. 339.2819(4).

22         (1)  DESIGNATION.--

23         (a)1.  An M.P.O. shall be designated for each urbanized

24  area of the state; however, this does not require that an

25  individual M.P.O. be designated for each such area.  Such

26  designation shall be accomplished by agreement between the

27  Governor and units of general-purpose local government

28  representing at least 75 percent of the population of the

29  urbanized area; however, the unit of general-purpose local

30  government that represents the central city or cities within

31  


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 1  the M.P.O. jurisdiction, as defined by the United States

 2  Bureau of the Census, must be a party to such agreement.

 3         2.  More than one M.P.O. may be designated within an

 4  existing metropolitan planning area only if the Governor and

 5  the existing M.P.O. determine that the size and complexity of

 6  the existing metropolitan planning area makes the designation

 7  of more than one M.P.O. for the area appropriate.

 8         (b)  Each M.P.O. shall be created and operated under

 9  the provisions of this section pursuant to an interlocal

10  agreement entered into pursuant to s. 163.01.  The signatories

11  to the interlocal agreement shall be the department and the

12  governmental entities designated by the Governor for

13  membership on the M.P.O. If there is a conflict between this

14  section and s. 163.01, this section prevails.

15         (c)  The jurisdictional boundaries of an M.P.O. shall

16  be determined by agreement between the Governor and the

17  applicable M.P.O.  The boundaries must include at least the

18  metropolitan planning area, which is the existing urbanized

19  area and the contiguous area expected to become urbanized

20  within a 20-year forecast period, and may encompass the entire

21  metropolitan statistical area or the consolidated metropolitan

22  statistical area.

23         (d)  In the case of an urbanized area designated as a

24  nonattainment area for ozone or carbon monoxide under the

25  Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of

26  the metropolitan planning area in existence as of the date of

27  enactment of this paragraph shall be retained, except that the

28  boundaries may be adjusted by agreement of the Governor and

29  affected metropolitan planning organizations in the manner

30  described in this section. If more than one M.P.O. has

31  authority within a metropolitan area or an area that is


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 1  designated as a nonattainment area, each M.P.O. shall consult

 2  with other M.P.O.'s designated for such area and with the

 3  state in the coordination of plans and programs required by

 4  this section.

 5  

 6  Each M.P.O. required under this section must be fully

 7  operative no later than 6 months following its designation.

 8         (2)  VOTING MEMBERSHIP.--

 9         (a)  The voting membership of an M.P.O. shall consist

10  of not fewer than 5 or more than 19 apportioned members, the

11  exact number to be determined on an equitable

12  geographic-population ratio basis by the Governor, based on an

13  agreement among the affected units of general-purpose local

14  government as required by federal rules and regulations. The

15  Governor, in accordance with 23 U.S.C. s. 134, may also

16  provide for M.P.O. members who represent municipalities to

17  alternate with representatives from other municipalities

18  within the metropolitan planning area that do not have members

19  on the M.P.O. County commission members shall compose not less

20  than one-third of the M.P.O. membership, except for an M.P.O.

21  with more than 15 members located in a county with a

22  five-member county commission or an M.P.O. with 19 members

23  located in a county with no more than 6 county commissioners,

24  in which case county commission members may compose less than

25  one-third percent of the M.P.O. membership, but all county

26  commissioners must be members. All voting members shall be

27  elected officials of general-purpose governments, except that

28  an M.P.O. may include, as part of its apportioned voting

29  members, a member of a statutorily authorized planning board,

30  an official of an agency that operates or administers a major

31  mode of transportation, or an official of the Florida Space


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 1  Authority. The county commission shall compose not less than

 2  20 percent of the M.P.O. membership if an official of an

 3  agency that operates or administers a major mode of

 4  transportation has been appointed to an M.P.O.

 5         (b)  In metropolitan areas in which authorities or

 6  other agencies have been or may be created by law to perform

 7  transportation functions and are performing transportation

 8  functions that are not under the jurisdiction of a general

 9  purpose local government represented on the M.P.O., they shall

10  be provided voting membership on the M.P.O. In all other

11  M.P.O.'s where transportation authorities or agencies are to

12  be represented by elected officials from general purpose local

13  governments, the M.P.O. shall establish a process by which the

14  collective interests of such authorities or other agencies are

15  expressed and conveyed.

16         (c)  Any other provision of this section to the

17  contrary notwithstanding, a chartered county with over 1

18  million population may elect to reapportion the membership of

19  an M.P.O. whose jurisdiction is wholly within the county. The

20  charter county may exercise the provisions of this paragraph

21  if:

22         1.  The M.P.O. approves the reapportionment plan by a

23  three-fourths vote of its membership;

24         2.  The M.P.O. and the charter county determine that

25  the reapportionment plan is needed to fulfill specific goals

26  and policies applicable to that metropolitan planning area;

27  and

28         3.  The charter county determines the reapportionment

29  plan otherwise complies with all federal requirements

30  pertaining to M.P.O. membership.

31  


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 1  Any charter county that elects to exercise the provisions of

 2  this paragraph shall notify the Governor in writing.

 3         (d)  Any other provision of this section to the

 4  contrary notwithstanding, any county chartered under s. 6(e),

 5  Art. VIII of the State Constitution may elect to have its

 6  county commission serve as the M.P.O., if the M.P.O.

 7  jurisdiction is wholly contained within the county.  Any

 8  charter county that elects to exercise the provisions of this

 9  paragraph shall so notify the Governor in writing.  Upon

10  receipt of such notification, the Governor must designate the

11  county commission as the M.P.O.  The Governor must appoint

12  four additional voting members to the M.P.O., one of whom must

13  be an elected official representing a municipality within the

14  county, one of whom must be an expressway authority member,

15  one of whom must be a person who does not hold elected public

16  office and who resides in the unincorporated portion of the

17  county, and one of whom must be a school board member.

18         (3)  APPORTIONMENT.--

19         (a)  The Governor shall, with the agreement of the

20  affected units of general-purpose local government as required

21  by federal rules and regulations, apportion the membership on

22  the applicable M.P.O. among the various governmental entities

23  within the area and shall prescribe a method for appointing

24  alternate members who may vote at any M.P.O. meeting that an

25  alternate member attends in place of a regular member.  An

26  appointed alternate member must be an elected official serving

27  the same governmental entity or a general-purpose local

28  government with jurisdiction within all or part of the area

29  that the regular member serves.  The governmental entity so

30  designated shall appoint the appropriate number of members to

31  the M.P.O. from eligible officials.  Representatives of the


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 1  department shall serve as nonvoting members of the M.P.O.

 2  Nonvoting advisers may be appointed by the M.P.O. as deemed

 3  necessary.  The Governor shall review the composition of the

 4  M.P.O. membership in conjunction with the decennial census as

 5  prepared by the United States Department of Commerce, Bureau

 6  of the Census, and reapportion it as necessary to comply with

 7  subsection (2).

 8         (b)  Except for members who represent municipalities on

 9  the basis of alternating with representatives from other

10  municipalities that do not have members on the M.P.O. as

11  provided in paragraph (2)(a), the members of an M.P.O. shall

12  serve 4-year terms. Members who represent municipalities on

13  the basis of alternating with representatives from other

14  municipalities that do not have members on the M.P.O. as

15  provided in paragraph (2)(a) may serve terms of up to 4 years

16  as further provided in the interlocal agreement described in

17  paragraph (1)(b). The membership of a member who is a public

18  official automatically terminates upon the member's leaving

19  his or her elective or appointive office for any reason, or

20  may be terminated by a majority vote of the total membership

21  of a county or city governing entity represented by the

22  member.  A vacancy shall be filled by the original appointing

23  entity.  A member may be reappointed for one or more

24  additional 4-year terms.

25         (c)  If a governmental entity fails to fill an assigned

26  appointment to an M.P.O. within 60 days after notification by

27  the Governor of its duty to appoint, that appointment shall be

28  made by the Governor from the eligible representatives of that

29  governmental entity.

30         (4)  AUTHORITY AND RESPONSIBILITY.--The authority and

31  responsibility of an M.P.O. is to manage a continuing,


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 1  cooperative, and comprehensive transportation planning process

 2  that, based upon the prevailing principles provided in s.

 3  334.046(1), results in the development of plans and programs

 4  which are consistent, to the maximum extent feasible, with the

 5  approved local government comprehensive plans of the units of

 6  local government the boundaries of which are within the

 7  metropolitan area of the M.P.O.  An M.P.O. shall be the forum

 8  for cooperative decisionmaking by officials of the affected

 9  governmental entities in the development of the plans and

10  programs required by subsections (5), (6), (7), and (8).

11         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

12  privileges, and authority of an M.P.O. are those specified in

13  this section or incorporated in an interlocal agreement

14  authorized under s. 163.01.  Each M.P.O. shall perform all

15  acts required by federal or state laws or rules, now and

16  subsequently applicable, which are necessary to qualify for

17  federal aid. It is the intent of this section that each M.P.O.

18  shall be involved in the planning and programming of

19  transportation facilities, including, but not limited to,

20  airports, intercity and high-speed rail lines, seaports, and

21  intermodal facilities, to the extent permitted by state or

22  federal law.

23         (a)  Each M.P.O. shall, in cooperation with the

24  department, develop:

25         1.  A long-range transportation plan pursuant to the

26  requirements of subsection (6);

27         2.  An annually updated transportation improvement

28  program pursuant to the requirements of subsection (7); and

29         3.  An annual unified planning work program pursuant to

30  the requirements of subsection (8).

31  


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 1         (b)  In developing the long-range transportation plan

 2  and the transportation improvement program required under

 3  paragraph (a), each M.P.O. shall provide for consideration of

 4  projects and strategies that will:

 5         1.  Support the economic vitality of the metropolitan

 6  area, especially by enabling global competitiveness,

 7  productivity, and efficiency;

 8         2.  Increase the safety and security of the

 9  transportation system for motorized and nonmotorized users;

10         3.  Increase the accessibility and mobility options

11  available to people and for freight;

12         4.  Protect and enhance the environment, promote energy

13  conservation, and improve quality of life;

14         5.  Enhance the integration and connectivity of the

15  transportation system, across and between modes, for people

16  and freight;

17         6.  Promote efficient system management and operation;

18  and

19         7.  Emphasize the preservation of the existing

20  transportation system.

21         (c)  In order to provide recommendations to the

22  department and local governmental entities regarding

23  transportation plans and programs, each M.P.O. shall:

24         1.  Prepare a congestion management system for the

25  metropolitan area and cooperate with the department in the

26  development of all other transportation management systems

27  required by state or federal law;

28         2.  Assist the department in mapping transportation

29  planning boundaries required by state or federal law;

30  

31  


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 1         3.  Assist the department in performing its duties

 2  relating to access management, functional classification of

 3  roads, and data collection;

 4         4.  Execute all agreements or certifications necessary

 5  to comply with applicable state or federal law;

 6         5.  Represent all the jurisdictional areas within the

 7  metropolitan area in the formulation of transportation plans

 8  and programs required by this section; and

 9         6.  Perform all other duties required by state or

10  federal law.

11         (d)  Each M.P.O. shall appoint a technical advisory

12  committee that includes planners; engineers; representatives

13  of local aviation authorities, port authorities, and public

14  transit authorities or representatives of aviation

15  departments, seaport departments, and public transit

16  departments of municipal or county governments, as applicable;

17  the school superintendent of each county within the

18  jurisdiction of the M.P.O. or the superintendent's designee;

19  and other appropriate representatives of affected local

20  governments. In addition to any other duties assigned to it by

21  the M.P.O. or by state or federal law, the technical advisory

22  committee is responsible for considering safe access to

23  schools in its review of transportation project priorities,

24  long-range transportation plans, and transportation

25  improvement programs, and shall advise the M.P.O. on such

26  matters. In addition, the technical advisory committee shall

27  coordinate its actions with local school boards and other

28  local programs and organizations within the metropolitan area

29  which participate in school safety activities, such as locally

30  established community traffic safety teams. Local school

31  boards must provide the appropriate M.P.O. with information


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 1  concerning future school sites and in the coordination of

 2  transportation service.

 3         (e)1.  Each M.P.O. shall appoint a citizens' advisory

 4  committee, the members of which serve at the pleasure of the

 5  M.P.O. The membership on the citizens' advisory committee must

 6  reflect a broad cross section of local residents with an

 7  interest in the development of an efficient, safe, and

 8  cost-effective transportation system. Minorities, the elderly,

 9  and the handicapped must be adequately represented.

10         2.  Notwithstanding the provisions of subparagraph 1.,

11  an M.P.O. may, with the approval of the department and the

12  applicable federal governmental agency, adopt an alternative

13  program or mechanism to ensure citizen involvement in the

14  transportation planning process.

15         (f)  The department shall allocate to each M.P.O., for

16  the purpose of accomplishing its transportation planning and

17  programming duties, an appropriate amount of federal

18  transportation planning funds.

19         (g)  Each M.P.O. may employ personnel or may enter into

20  contracts with local or state agencies, private planning

21  firms, or private engineering firms to accomplish its

22  transportation planning and programming duties required by

23  state or federal law.

24         (h)  A chair's coordinating committee is created,

25  composed of the M.P.O.'s serving Hernando, Hillsborough,

26  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The

27  committee must, at a minimum:

28         1.  Coordinate transportation projects deemed to be

29  regionally significant by the committee.

30         2.  Review the impact of regionally significant land

31  use decisions on the region.


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 1         3.  Review all proposed regionally significant

 2  transportation projects in the respective transportation

 3  improvement programs which affect more than one of the

 4  M.P.O.'s represented on the committee.

 5         4.  Institute a conflict resolution process to address

 6  any conflict that may arise in the planning and programming of

 7  such regionally significant projects.

 8         (i)1.  The Legislature finds that the state's rapid

 9  growth in recent decades has caused many urbanized areas

10  subject to M.P.O. jurisdiction to become contiguous to each

11  other. As a result, various transportation projects may cross

12  from the jurisdiction of one M.P.O. into the jurisdiction of

13  another M.P.O. To more fully accomplish the purposes for which

14  M.P.O.'s have been mandated, M.P.O.'s shall develop

15  coordination mechanisms with one another to expand and improve

16  transportation within the state. The appropriate method of

17  coordination between M.P.O.'s shall vary depending upon the

18  project involved and given local and regional needs.

19  Consequently, it is appropriate to set forth a flexible

20  methodology that can be used by M.P.O.'s to coordinate with

21  other M.P.O.'s and appropriate political subdivisions as

22  circumstances demand.

23         2.  Any M.P.O. may join with any other M.P.O. or any

24  individual political subdivision to coordinate activities or

25  to achieve any federal or state transportation planning or

26  development goals or purposes consistent with federal or state

27  law. When an M.P.O. determines that it is appropriate to join

28  with another M.P.O. or any political subdivision to coordinate

29  activities, the M.P.O. or political subdivision shall enter

30  into an interlocal agreement pursuant to s. 163.01, which, at

31  a minimum, creates a separate legal or administrative entity


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 1  to coordinate the transportation planning or development

 2  activities required to achieve the goal or purpose; provide

 3  the purpose for which the entity is created; provide the

 4  duration of the agreement and the entity, and specify how the

 5  agreement may be terminated, modified, or rescinded; describe

 6  the precise organization of the entity, including who has

 7  voting rights on the governing board, whether alternative

 8  voting members are provided for, how voting members are

 9  appointed, and what the relative voting strength is for each

10  constituent M.P.O. or political subdivision; provide the

11  manner in which the parties to the agreement will provide for

12  the financial support of the entity and payment of costs and

13  expenses of the entity; provide the manner in which funds may

14  be paid to and disbursed from the entity; and provide how

15  members of the entity will resolve disagreements regarding

16  interpretation of the interlocal agreement or disputes

17  relating to the operation of the entity. Such interlocal

18  agreement shall become effective upon its recordation in the

19  official public records of each county in which a member of

20  the entity created by the interlocal agreement has a voting

21  member. This paragraph does not require any M.P.O.'s to merge,

22  combine, or otherwise join together as a single M.P.O.

23         (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must

24  develop a long-range transportation plan that addresses at

25  least a 20-year planning horizon. The plan must include both

26  long-range and short-range strategies and must comply with all

27  other state and federal requirements. The prevailing

28  principles to be considered in the long-range transportation

29  plan are: preserving the existing transportation

30  infrastructure; enhancing Florida's economic competitiveness;

31  and improving travel choices to ensure mobility. The


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 1  long-range transportation plan must be consistent, to the

 2  maximum extent feasible, with future land use elements and the

 3  goals, objectives, and policies of the approved local

 4  government comprehensive plans of the units of local

 5  government located within the jurisdiction of the M.P.O. The

 6  approved long-range transportation plan must be considered by

 7  local governments in the development of the transportation

 8  elements in local government comprehensive plans and any

 9  amendments thereto. The long-range transportation plan must,

10  at a minimum:

11         (a)  Identify transportation facilities, including, but

12  not limited to, major roadways, airports, seaports,

13  spaceports, commuter rail systems, transit systems, and

14  intermodal or multimodal terminals that will function as an

15  integrated metropolitan transportation system.  The long-range

16  transportation plan must give emphasis to those transportation

17  facilities that serve national, statewide, or regional

18  functions, and must consider the goals and objectives

19  identified in the Florida Transportation Plan as provided in

20  s. 339.155. If a project is located within the boundaries of

21  more than one M.P.O., the M.P.O.'s must coordinate plans

22  regarding the project in the long-range transportation plan.

23         (b)  Include a financial plan that demonstrates how the

24  plan can be implemented, indicating resources from public and

25  private sources which are reasonably expected to be available

26  to carry out the plan, and recommends any additional financing

27  strategies for needed projects and programs. The financial

28  plan may include, for illustrative purposes, additional

29  projects that would be included in the adopted long-range

30  transportation plan if reasonable additional resources beyond

31  those identified in the financial plan were available. For the


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 1  purpose of developing the long-range transportation plan, the

 2  M.P.O. and the department shall cooperatively develop

 3  estimates of funds that will be available to support the plan

 4  implementation. Innovative financing techniques may be used to

 5  fund needed projects and programs.  Such techniques may

 6  include the assessment of tolls, the use of value capture

 7  financing, or the use of value pricing.

 8         (c)  Assess capital investment and other measures

 9  necessary to:

10         1.  Ensure the preservation of the existing

11  metropolitan transportation system including requirements for

12  the operation, resurfacing, restoration, and rehabilitation of

13  major roadways and requirements for the operation,

14  maintenance, modernization, and rehabilitation of public

15  transportation facilities; and

16         2.  Make the most efficient use of existing

17  transportation facilities to relieve vehicular congestion and

18  maximize the mobility of people and goods.

19         (d)  Indicate, as appropriate, proposed transportation

20  enhancement activities, including, but not limited to,

21  pedestrian and bicycle facilities, scenic easements,

22  landscaping, historic preservation, mitigation of water

23  pollution due to highway runoff, and control of outdoor

24  advertising.

25         (e)  In addition to the requirements of paragraphs

26  (a)-(d), in metropolitan areas that are classified as

27  nonattainment areas for ozone or carbon monoxide, the M.P.O.

28  must coordinate the development of the long-range

29  transportation plan with the State Implementation Plan

30  developed pursuant to the requirements of the federal Clean

31  Air Act.


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 1  

 2  In the development of its long-range transportation plan, each

 3  M.P.O. must provide the public, affected public agencies,

 4  representatives of transportation agency employees, freight

 5  shippers, providers of freight transportation services,

 6  private providers of transportation, representatives of users

 7  of public transit, and other interested parties with a

 8  reasonable opportunity to comment on the long-range

 9  transportation plan. The long-range transportation plan must

10  be approved by the M.P.O.

11         (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.

12  shall, in cooperation with the state and affected public

13  transportation operators, develop a transportation improvement

14  program for the area within the jurisdiction of the M.P.O.  In

15  the development of the transportation improvement program,

16  each M.P.O. must provide the public, affected public agencies,

17  representatives of transportation agency employees, freight

18  shippers, providers of freight transportation services,

19  private providers of transportation, representatives of users

20  of public transit, and other interested parties with a

21  reasonable opportunity to comment on the proposed

22  transportation improvement program.

23         (a)  Each M.P.O. is responsible for developing,

24  annually, a list of project priorities and a transportation

25  improvement program. The prevailing principles to be

26  considered by each M.P.O. when developing a list of project

27  priorities and a transportation improvement program are:

28  preserving the existing transportation infrastructure;

29  enhancing Florida's economic competitiveness; and improving

30  travel choices to ensure mobility. The transportation

31  improvement program will be used to initiate federally aided


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 1  transportation facilities and improvements as well as other

 2  transportation facilities and improvements including transit,

 3  rail, aviation, spaceport, and port facilities to be funded

 4  from the State Transportation Trust Fund within its

 5  metropolitan area in accordance with existing and subsequent

 6  federal and state laws and rules and regulations related

 7  thereto. The transportation improvement program shall be

 8  consistent, to the maximum extent feasible, with the approved

 9  local government comprehensive plans of the units of local

10  government whose boundaries are within the metropolitan area

11  of the M.P.O. and include those projects programmed pursuant

12  to s. 339.2819(4).

13         (b)  Each M.P.O. annually shall prepare a list of

14  project priorities and shall submit the list to the

15  appropriate district of the department by October 1 of each

16  year; however, the department and a metropolitan planning

17  organization may, in writing, agree to vary this submittal

18  date. The list of project priorities must be formally reviewed

19  by the technical and citizens' advisory committees, and

20  approved by the M.P.O., before it is transmitted to the

21  district. The approved list of project priorities must be used

22  by the district in developing the district work program and

23  must be used by the M.P.O. in developing its transportation

24  improvement program. The annual list of project priorities

25  must be based upon project selection criteria that, at a

26  minimum, consider the following:

27         1.  The approved M.P.O. long-range transportation plan;

28         2.  The Strategic Intermodal System Plan developed

29  under s. 339.64.

30         3.  The priorities developed pursuant to s.

31  339.2819(4).


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 1         4.3.  The results of the transportation management

 2  systems; and

 3         5.4.  The M.P.O.'s public-involvement procedures.

 4         (c)  The transportation improvement program must, at a

 5  minimum:

 6         1.  Include projects and project phases to be funded

 7  with state or federal funds within the time period of the

 8  transportation improvement program and which are recommended

 9  for advancement during the next fiscal year and 4 subsequent

10  fiscal years.  Such projects and project phases must be

11  consistent, to the maximum extent feasible, with the approved

12  local government comprehensive plans of the units of local

13  government located within the jurisdiction of the M.P.O.  For

14  informational purposes, the transportation improvement program

15  shall also include a list of projects to be funded from local

16  or private revenues.

17         2.  Include projects within the metropolitan area which

18  are proposed for funding under 23 U.S.C. s. 134 of the Federal

19  Transit Act and which are consistent with the long-range

20  transportation plan developed under subsection (6).

21         3.  Provide a financial plan that demonstrates how the

22  transportation improvement program can be implemented;

23  indicates the resources, both public and private, that are

24  reasonably expected to be available to accomplish the program;

25  identifies any innovative financing techniques that may be

26  used to fund needed projects and programs; and may include,

27  for illustrative purposes, additional projects that would be

28  included in the approved transportation improvement program if

29  reasonable additional resources beyond those identified in the

30  financial plan were available. Innovative financing techniques

31  may include the assessment of tolls, the use of value capture


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 1  financing, or the use of value pricing.  The transportation

 2  improvement program may include a project or project phase

 3  only if full funding can reasonably be anticipated to be

 4  available for the project or project phase within the time

 5  period contemplated for completion of the project or project

 6  phase.

 7         4.  Group projects and project phases of similar

 8  urgency and anticipated staging into appropriate staging

 9  periods.

10         5.  Indicate how the transportation improvement program

11  relates to the long-range transportation plan developed under

12  subsection (6), including providing examples of specific

13  projects or project phases that further the goals and policies

14  of the long-range transportation plan.

15         6.  Indicate whether any project or project phase is

16  inconsistent with an approved comprehensive plan of a unit of

17  local government located within the jurisdiction of the M.P.O.

18  If a project is inconsistent with an affected comprehensive

19  plan, the M.P.O. must provide justification for including the

20  project in the transportation improvement program.

21         7.  Indicate how the improvements are consistent, to

22  the maximum extent feasible, with affected seaport, airport,

23  and spaceport master plans and with public transit development

24  plans of the units of local government located within the

25  jurisdiction of the M.P.O. If a project is located within the

26  boundaries of more than one M.P.O., the M.P.O.'s must

27  coordinate plans regarding the project in the transportation

28  improvement program.

29         (d)  Projects included in the transportation

30  improvement program and that have advanced to the design stage

31  of preliminary engineering may be removed from or rescheduled


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 1  in a subsequent transportation improvement program only by the

 2  joint action of the M.P.O. and the department. Except when

 3  recommended in writing by the district secretary for good

 4  cause, any project removed from or rescheduled in a subsequent

 5  transportation improvement program shall not be rescheduled by

 6  the M.P.O. in that subsequent program earlier than the 5th

 7  year of such program.

 8         (e)  During the development of the transportation

 9  improvement program, the M.P.O. shall, in cooperation with the

10  department and any affected public transit operation, provide

11  citizens, affected public agencies, representatives of

12  transportation agency employees, freight shippers, providers

13  of freight transportation services, private providers of

14  transportation, representatives of users of public transit,

15  and other interested parties with reasonable notice of and an

16  opportunity to comment on the proposed program.

17         (f)  The adopted annual transportation improvement

18  program for M.P.O.'s in nonattainment or maintenance areas

19  must be submitted to the district secretary and the Department

20  of Community Affairs at least 90 days before the submission of

21  the state transportation improvement program by the department

22  to the appropriate federal agencies. The annual transportation

23  improvement program for M.P.O.'s in attainment areas must be

24  submitted to the district secretary and the Department of

25  Community Affairs at least 45 days before the department

26  submits the state transportation improvement program to the

27  appropriate federal agencies; however, the department, the

28  Department of Community Affairs, and a metropolitan planning

29  organization may, in writing, agree to vary this submittal

30  date.  The Governor or the Governor's designee shall review

31  


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 1  and approve each transportation improvement program and any

 2  amendments thereto.

 3         (g)  The Department of Community Affairs shall review

 4  the annual transportation improvement program of each M.P.O.

 5  for consistency with the approved local government

 6  comprehensive plans of the units of local government whose

 7  boundaries are within the metropolitan area of each M.P.O. and

 8  shall identify those projects that are inconsistent with such

 9  comprehensive plans. The Department of Community Affairs shall

10  notify an M.P.O. of any transportation projects contained in

11  its transportation improvement program which are inconsistent

12  with the approved local government comprehensive plans of the

13  units of local government whose boundaries are within the

14  metropolitan area of the M.P.O.

15         (h)  The M.P.O. shall annually publish or otherwise

16  make available for public review the annual listing of

17  projects for which federal funds have been obligated in the

18  preceding year. Project monitoring systems must be maintained

19  by those agencies responsible for obligating federal funds and

20  made accessible to the M.P.O.'s.

21         (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall

22  develop, in cooperation with the department and public

23  transportation providers, a unified planning work program that

24  lists all planning tasks to be undertaken during the program

25  year. The unified planning work program must provide a

26  complete description of each planning task and an estimated

27  budget therefor and must comply with applicable state and

28  federal law.

29         (9)  AGREEMENTS.--

30  

31  


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 1         (a)  Each M.P.O. shall execute the following written

 2  agreements, which shall be reviewed, and updated as necessary,

 3  every 5 years:

 4         1.  An agreement with the department clearly

 5  establishing the cooperative relationship essential to

 6  accomplish the transportation planning requirements of state

 7  and federal law.

 8         2.  An agreement with the metropolitan and regional

 9  intergovernmental coordination and review agencies serving the

10  metropolitan areas, specifying the means by which activities

11  will be coordinated and how transportation planning and

12  programming will be part of the comprehensive planned

13  development of the area.

14         3.  An agreement with operators of public

15  transportation systems, including transit systems, commuter

16  rail systems, airports, seaports, and spaceports, describing

17  the means by which activities will be coordinated and

18  specifying how public transit, commuter rail, aviation,

19  seaport, and aerospace planning and programming will be part

20  of the comprehensive planned development of the metropolitan

21  area.

22         (b)  An M.P.O. may execute other agreements required by

23  state or federal law or as necessary to properly accomplish

24  its functions.

25         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

26  COUNCIL.--

27         (a)  A Metropolitan Planning Organization Advisory

28  Council is created to augment, and not supplant, the role of

29  the individual M.P.O.'s in the cooperative transportation

30  planning process described in this section.

31  


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 1         (b)  The council shall consist of one representative

 2  from each M.P.O. and shall elect a chairperson annually from

 3  its number.  Each M.P.O. shall also elect an alternate

 4  representative from each M.P.O. to vote in the absence of the

 5  representative. Members of the council do not receive any

 6  compensation for their services, but may be reimbursed from

 7  funds made available to council members for travel and per

 8  diem expenses incurred in the performance of their council

 9  duties as provided in s. 112.061.

10         (c)  The powers and duties of the Metropolitan Planning

11  Organization Advisory Council are to:

12         1.  Enter into contracts with individuals, private

13  corporations, and public agencies.

14         2.  Acquire, own, operate, maintain, sell, or lease

15  personal property essential for the conduct of business.

16         3.  Accept funds, grants, assistance, gifts, or

17  bequests from private, local, state, or federal sources.

18         4.  Establish bylaws and adopt rules pursuant to ss.

19  120.536(1) and 120.54 to implement provisions of law

20  conferring powers or duties upon it.

21         5.  Assist M.P.O.'s in carrying out the urbanized area

22  transportation planning process by serving as the principal

23  forum for collective policy discussion pursuant to law.

24         6.  Serve as a clearinghouse for review and comment by

25  M.P.O.'s on the Florida Transportation Plan and on other

26  issues required to comply with federal or state law in

27  carrying out the urbanized area transportation and systematic

28  planning processes instituted pursuant to s. 339.155.

29         7.  Employ an executive director and such other staff

30  as necessary to perform adequately the functions of the

31  council, within budgetary limitations. The executive director


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 1  and staff are exempt from part II of chapter 110 and serve at

 2  the direction and control of the council.  The council is

 3  assigned to the Office of the Secretary of the Department of

 4  Transportation for fiscal and accountability purposes, but it

 5  shall otherwise function independently of the control and

 6  direction of the department.

 7         8.  Adopt an agency strategic plan that provides the

 8  priority directions the agency will take to carry out its

 9  mission within the context of the state comprehensive plan and

10  any other statutory mandates and directions given to the

11  agency.

12         (11)  APPLICATION OF FEDERAL LAW.--Upon notification by

13  an agency of the Federal Government that any provision of this

14  section conflicts with federal laws or regulations, such

15  federal laws or regulations will take precedence to the extent

16  of the conflict until such conflict is resolved.  The

17  department or an M.P.O. may take any necessary action to

18  comply with such federal laws and regulations or to continue

19  to remain eligible to receive federal funds.

20         Section 25.  Section 339.55, Florida Statutes, is

21  amended to read:

22         339.55  State-funded infrastructure bank.--

23         (1)  There is created within the Department of

24  Transportation a state-funded infrastructure bank for the

25  purpose of providing loans and credit enhancements to

26  government units and private entities for use in constructing

27  and improving transportation facilities.

28         (2)  The bank may lend capital costs or provide credit

29  enhancements for:

30         (a)  A transportation facility project that is on the

31  State Highway System or that provides for increased mobility


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 1  on the state's transportation system or provides intermodal

 2  connectivity with airports, seaports, rail facilities, and

 3  other transportation terminals, pursuant to s. 341.053, for

 4  the movement of people and goods.

 5         (b)  Projects of the Transportation Regional Incentive

 6  Program which are identified pursuant to s. 339.2819(4).

 7         (3)  Loans from the bank may be subordinated to senior

 8  project debt that has an investment grade rating of "BBB" or

 9  higher.

10         (4)(3)  Loans from the bank may bear interest at or

11  below market interest rates, as determined by the department.

12  Repayment of any loan from the bank shall commence not later

13  than 5 years after the project has been completed or, in the

14  case of a highway project, the facility has opened to traffic,

15  whichever is later, and shall be repaid in no more than 30

16  years.

17         (5)(4)  Except as provided in s. 339.137, To be

18  eligible for consideration, projects must be consistent, to

19  the maximum extent feasible, with local metropolitan planning

20  organization plans and local government comprehensive plans

21  and must provide a dedicated repayment source to ensure the

22  loan is repaid to the bank.

23         (6)  Funding awarded for projects under paragraph

24  (2)(b) must be matched by a minimum of 25 percent from funds

25  other than the state-funded infrastructure bank loan.

26         (7)(5)  The department may consider, but is not limited

27  to, the following criteria for evaluation of projects for

28  assistance from the bank:

29         (a)  The credit worthiness of the project.

30         (b)  A demonstration that the project will encourage,

31  enhance, or create economic benefits.


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 1         (c)  The likelihood that assistance would enable the

 2  project to proceed at an earlier date than would otherwise be

 3  possible.

 4         (d)  The extent to which assistance would foster

 5  innovative public-private partnerships and attract private

 6  debt or equity investment.

 7         (e)  The extent to which the project would use new

 8  technologies, including intelligent transportation systems,

 9  that would enhance the efficient operation of the project.

10         (f)  The extent to which the project would maintain or

11  protect the environment.

12         (g)  A demonstration that the project includes

13  transportation benefits for improving intermodalism, cargo and

14  freight movement, and safety.

15         (h)  The amount of the proposed assistance as a

16  percentage of the overall project costs with emphasis on local

17  and private participation.

18         (i)  The extent to which the project will provide for

19  connectivity between the State Highway System and airports,

20  seaports, rail facilities, and other transportation terminals

21  and intermodal options pursuant to s. 341.053 for the

22  increased accessibility and movement of people and goods.

23         (8)(6)  Loan assistance provided by the bank shall be

24  included in the department's work program developed in

25  accordance with s. 339.135.

26         (9)(7)  The department is authorized to adopt rules to

27  implement the state-funded infrastructure bank.

28         Section 26.  Subsection (7) is added to section

29  1013.64, Florida Statutes, to read:

30         1013.64  Funds for comprehensive educational plant

31  needs; construction cost maximums for school district capital


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 1  projects.--Allocations from the Public Education Capital

 2  Outlay and Debt Service Trust Fund to the various boards for

 3  capital outlay projects shall be determined as follows:

 4         (7)  Moneys distributed to the Public Education Capital

 5  Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)

 6  shall be expended to fund the Classrooms for Kids Program

 7  created in s. 1013.735 and shall be distributed as provided by

 8  that section.

 9         Section 27.  Paragraph (a) of subsection (2) of section

10  1013.65, Florida Statutes, is amended to read:

11         1013.65  Educational and ancillary plant construction

12  funds; Public Education Capital Outlay and Debt Service Trust

13  Fund; allocation of funds.--

14         (2)(a)  The Public Education Capital Outlay and Debt

15  Service Trust Fund shall be comprised of the following

16  sources, which are hereby appropriated to the trust fund:

17         1.  Proceeds, premiums, and accrued interest from the

18  sale of public education bonds and that portion of the

19  revenues accruing from the gross receipts tax as provided by

20  s. 9(a)(2), Art. XII of the State Constitution, as amended,

21  interest on investments, and federal interest subsidies.

22         2.  General revenue funds appropriated to the fund for

23  educational capital outlay purposes.

24         3.  All capital outlay funds previously appropriated

25  and certified forward pursuant to s. 216.301.

26         4.  Funds paid pursuant to s. 201.15(1)(d). Such funds

27  shall be appropriated annually for expenditure to fund the

28  Classrooms for Kids Program created in s. 1013.735 and shall

29  be distributed as provided by that section.

30         Section 28.  Paragraph (b) of subsection (1) of section

31  163.3174, Florida Statutes, is amended to read:


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 1         163.3174  Local planning agency.--

 2         (1)  The governing body of each local government,

 3  individually or in combination as provided in s. 163.3171,

 4  shall designate and by ordinance establish a "local planning

 5  agency," unless the agency is otherwise established by law.

 6  Notwithstanding any special act to the contrary, all local

 7  planning agencies or equivalent agencies that first review

 8  rezoning and comprehensive plan amendments in each

 9  municipality and county shall include a representative of the

10  school district appointed by the school board as a nonvoting

11  member of the local planning agency or equivalent agency to

12  attend those meetings at which the agency considers

13  comprehensive plan amendments and rezonings that would, if

14  approved, increase residential density on the property that is

15  the subject of the application. However, this subsection does

16  not prevent the governing body of the local government from

17  granting voting status to the school board member. The

18  governing body may designate itself as the local planning

19  agency pursuant to this subsection with the addition of a

20  nonvoting school board representative. The governing body

21  shall notify the state land planning agency of the

22  establishment of its local planning agency. All local planning

23  agencies shall provide opportunities for involvement by

24  applicable community college boards, which may be accomplished

25  by formal representation, membership on technical advisory

26  committees, or other appropriate means. The local planning

27  agency shall prepare the comprehensive plan or plan amendment

28  after hearings to be held after public notice and shall make

29  recommendations to the governing body regarding the adoption

30  or amendment of the plan. The agency may be a local planning

31  commission, the planning department of the local government,


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 1  or other instrumentality, including a countywide planning

 2  entity established by special act or a council of local

 3  government officials created pursuant to s. 163.02, provided

 4  the composition of the council is fairly representative of all

 5  the governing bodies in the county or planning area; however:

 6  (b)  In the case of chartered counties, the planning

 7  responsibility between the county and the several

 8  municipalities therein shall be as stipulated in the charter.

 9  A municipality, located in a county that adopts a charter form

10  of government on or after July 1, 2005, shall have the option

11  to exercise exclusive land use planning authority. The

12  exercise of this option shall require the municipality to

13  adopt a resolution approving the exercise of exclusive land

14  use planning authority. Exclusive land use planning authority

15  includes platting, zoning, the adoption of comprehensive plan

16  amendments in accordance with this chapter, and the issuance

17  of development orders for the area under municipal

18  jurisdiction.

19         Section 29.  Section 166.31, Florida Statutes is

20  created to read:

21         166.31  Municipal surtax on documents; adoption;

22  application of revenue.--

23         (1)  The governing authority of a municipality may levy

24  a surtax on documents as defined in s. 201.02, at a rate not

25  exceeding 50 cents on each $100, or fractional part thereof,

26  of the consideration for the real estate or interest therein.

27  The levy of the surtax must be pursuant to an ordinance

28  enacted by a majority of the governing authority and approved

29  by a majority of the electors of the municipality in a

30  referendum on the surtax.

31  


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 1         (2)  The proceeds from the surtax and any interest

 2  accrued thereto must be expended for infrastructure

 3  improvements included in the capital improvements element of

 4  the comprehensive plan of the municipality. The proceeds from

 5  the surtax and any interest accrued thereto may be pledged for

 6  bond indebtedness. Surtax proceeds must be used to supplement,

 7  and may not supplant, existing infrastructure funding. In

 8  order to impose the surtax the municipality must use the

 9  following process:

10         (a)1.  An advisory board must be created which shall

11  make recommendations to the municipal governing authority

12  regarding infrastructure projects to address the needs of the

13  community. The municipal governing authority shall appoint

14  members to the advisory board who represent the diversity of

15  the community and must include individuals who have an

16  interest in business, finance and accounting, economic

17  development, the environment, transportation, education,

18  public safety, and growth management.

19         2.  A quorum shall consist of a majority of the

20  advisory board members and is necessary to take any action

21  regarding recommendations to the municipal governing

22  authority. The municipal governing authority shall provide

23  staff support to the advisory board. All meetings of the

24  advisory board shall be open to the public.

25         3.  Based on the estimated amount of the surtax

26  collections, the advisory board must conduct at least two

27  public workshops to develop a project list. Priority shall be

28  given to projects that address existing infrastructure

29  deficits that are identified in a long-term concurrency

30  management system adopted by a municipality in accordance with

31  


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

 2  improvements element.

 3         (b)  After the advisory board submits the project list

 4  to the municipal governing authority, the list may be amended

 5  by the municipal governing authority. Public notice must be

 6  given of the intent to add additional projects or remove

 7  projects recommended by the advisory board. Action to amend

 8  the project list may be taken at the noticed public hearing.

 9  Once amended, the list may not be approved at the same meeting

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

11  amended project list must be given and the amended list must

12  be approved at a subsequent public meeting that may not be

13  held less than 14 days after the meeting at which the project

14  list was amended.

15         (c)  If the municipal governing authority does not

16  amend the recommended project list, it may adopt the proposed

17  project list at a public meeting following public notice of

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

19         (d)  The capital improvements schedule of the municipal

20  comprehensive plan shall be updated to include the project

21  list under s. 163.3177(3).

22         (e)  Once the project list has been adopted, the

23  municipal governing authority may give notice of the intent to

24  adopt the surtax by ordinance and set a date for the

25  referendum. The municipal governing authority shall conduct a

26  public hearing to allow for public input on the proposed

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

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

29  adopted.

30         (f)  Once the surtax is enacted, the project list may

31  be amended only in the following manner. The municipal


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 1  governing authority must give notice of the intent to hold a

 2  public hearing to discuss adding or removing projects from the

 3  list. The municipal governing authority must take public

 4  testimony on the proposal. Action may not be taken at that

 5  meeting with regard to the proposal to amend the project list.

 6  Such action may be taken at a subsequent noticed public

 7  meeting that must be held not less than 14 days after the

 8  meeting at which the proposed changes to the project list were

 9  discussed.

10         (g)  If the surtax is implemented, the advisory board

11  shall monitor the expenditure of the surtax proceeds and shall

12  hold semiannual meetings. The advisory board shall also

13  monitor whether the municipality has maintained or increased

14  the level of infrastructure expenditures over the previous 5

15  years.

16         (h)  A municipality may not levy the surtax unless it

17  has adopted a community vision and an urban service boundary

18  under s. 163.3177(13) and (14).

19         (3)  A surtax or increase or decrease in the rate of

20  any surtax adopted under this section may not take effect on a

21  date other than January 1. A surtax may not terminate on a

22  date other than December 31.

23         (4)  The governing authority of a municipality must

24  notify the Department of Revenue within 10 days after final

25  adoption by ordinance and referendum of an imposition,

26  termination, or rate change of the surtax, but no later than

27  November 16 before the effective date. The notice must specify

28  the period during which the surtax will be in effect and the

29  rate of the surtax and must include a copy of the ordinance

30  and any other information that the department requires by

31  rule. Failure to timely provide the information to the


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 1  department shall result in the delay of the effective date for

 2  1 year.

 3         (5)  The department shall pay to the governing

 4  authority of the municipality that levies the surtax all

 5  proceeds, penalties, and interest collected under this section

 6  less any costs of administration. Any administrative

 7  deductions by the department may not exceed 2 percent of the

 8  total annual collections.

 9         (6)  A municipality that levies the surtax shall

10  include in the financial report required under s. 218.32

11  information showing the revenues and the expenses of the

12  surtax proceeds for the fiscal year.

13         Section 30.  Subsection (1) of section 201.15, Florida

14  Statutes, is amended to read:

15         201.15  Distribution of taxes collected.--All taxes

16  collected under this chapter shall be distributed as follows

17  and shall be subject to the service charge imposed in s.

18  215.20(1), except that such service charge shall not be levied

19  against any portion of taxes pledged to debt service on bonds

20  to the extent that the amount of the service charge is

21  required to pay any amounts relating to the bonds:

22         (1)  Sixty-two and sixty-three hundredths percent of

23  the remaining taxes collected under this chapter shall be used

24  for the following purposes:

25         (a)  Amounts as shall be necessary to pay the debt

26  service on, or fund debt service reserve funds, rebate

27  obligations, or other amounts payable with respect to

28  Preservation 2000 bonds issued pursuant to s. 375.051 and

29  Florida Forever bonds issued pursuant to s. 215.618, shall be

30  paid into the State Treasury to the credit of the Land

31  Acquisition Trust Fund to be used for such purposes. The


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 1  amount transferred to the Land Acquisition Trust Fund for such

 2  purposes shall not exceed $300 million in fiscal year

 3  1999-2000 and thereafter for Preservation 2000 bonds and bonds

 4  issued to refund Preservation 2000 bonds, and $300 million in

 5  fiscal year 2000-2001 and thereafter for Florida Forever

 6  bonds. The annual amount transferred to the Land Acquisition

 7  Trust Fund for Florida Forever bonds shall not exceed $30

 8  million in the first fiscal year in which bonds are issued.

 9  The limitation on the amount transferred shall be increased by

10  an additional $30 million in each subsequent fiscal year, but

11  shall not exceed a total of $300 million in any fiscal year

12  for all bonds issued. It is the intent of the Legislature that

13  all bonds issued to fund the Florida Forever Act be retired by

14  December 31, 2030. Except for bonds issued to refund

15  previously issued bonds, no series of bonds may be issued

16  pursuant to this paragraph unless such bonds are approved and

17  the debt service for the remainder of the fiscal year in which

18  the bonds are issued is specifically appropriated in the

19  General Appropriations Act. For purposes of refunding

20  Preservation 2000 bonds, amounts designated within this

21  section for Preservation 2000 and Florida Forever bonds may be

22  transferred between the two programs to the extent provided

23  for in the documents authorizing the issuance of the bonds.

24  The Preservation 2000 bonds and Florida Forever bonds shall be

25  equally and ratably secured by moneys distributable to the

26  Land Acquisition Trust Fund pursuant to this section, except

27  to the extent specifically provided otherwise by the documents

28  authorizing the issuance of the bonds. No moneys transferred

29  to the Land Acquisition Trust Fund pursuant to this paragraph,

30  or earnings thereon, shall be used or made available to pay

31  debt service on the Save Our Coast revenue bonds.


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 1         (b)  The remainder of the moneys distributed under this

 2  subsection, after the required payment under paragraph (a),

 3  shall be paid into the State Treasury to the credit of the

 4  Save Our Everglades Trust Fund in amounts necessary to pay

 5  debt service, provide reserves, and pay rebate obligations and

 6  other amounts due with respect to bonds issued under s.

 7  215.619.

 8         (c)  The remainder of the moneys distributed under this

 9  subsection, after the required payments under paragraphs (a)

10  and (b), shall be paid into the State Treasury to the credit

11  of the Land Acquisition Trust Fund and may be used for any

12  purpose for which funds deposited in the Land Acquisition

13  Trust Fund may lawfully be used. Payments made under this

14  paragraph shall continue until the cumulative amount credited

15  to the Land Acquisition Trust Fund for the fiscal year under

16  this paragraph and paragraph (2)(b) equals 70 percent of the

17  current official forecast for distributions of taxes collected

18  under this chapter pursuant to subsection (2). As used in this

19  paragraph, the term "current official forecast" means the most

20  recent forecast as determined by the Revenue Estimating

21  Conference. If the current official forecast for a fiscal year

22  changes after payments under this paragraph have ended during

23  that fiscal year, no further payments are required under this

24  paragraph during the fiscal year.

25         (d)  The remainder of the moneys distributed under this

26  subsection, after the required payments under paragraphs (a),

27  (b), and (c), shall be paid into the State Treasury to the

28  credit of:

29         1.  The State Transportation Trust Fund in the

30  Department of Transportation in the amount of $575 million in

31  each fiscal year, to be paid in quarterly installments and


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 1  used for the following specified purposes notwithstanding any

 2  other law to the contrary:

 3         a.  For the purposes of capital funding for the New

 4  Starts Transit Program, authorized by Title 49, U.S.C. 5309

 5  and specified in s. 341.051, 10 percent of these funds;

 6         b.  For the purposes of the Small County Outreach

 7  Program specified in s. 339.2818, 5 percent of these funds;

 8         c.  For the purposes of the Strategic Intermodal System

 9  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75

10  percent of these funds after allocating for the New Starts

11  Transit Program described in sub-subparagraph a. and the Small

12  County Outreach Program described in sub-subparagraph b.; and

13         d.  For the purposes of the Transportation Regional

14  Incentive Program specified in s. 339.2819, 25 percent of

15  these funds after allocating for the New Starts Transit

16  Program described in sub-subparagraph a. and the Small County

17  Outreach Program described in sub-subparagraph b.

18         2.  The Water Protection and Sustainability Program

19  Trust Fund in the Department of Environmental Protection in

20  the amount of $100 million in each fiscal year, to be paid in

21  quarterly installments and used as required by s. 403.890.

22         3.  The Public Education Capital Outlay and Debt

23  Service Trust Fund in the Department of Education in the

24  amount of $75 million in each fiscal year, to be paid in

25  monthly installments and used to fund the Classrooms for Kids

26  Program created in s. 1013.735. If required, new facilities

27  constructed under the Classroom for Kids Program must meet the

28  requirements of s. 1013.372.

29  

30  

31  


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 1  Moneys distributed pursuant to this paragraph may not be

 2  pledged for debt service unless such pledge is approved by

 3  referendum of the voters.

 4         (e)(d)  The remainder of the moneys distributed under

 5  this subsection, after the required payments under paragraphs

 6  (a), (b), and (c), shall be paid into the State Treasury to

 7  the credit of the General Revenue Fund of the state to be used

 8  and expended for the purposes for which the General Revenue

 9  Fund was created and exists by law or to the Ecosystem

10  Management and Restoration Trust Fund or to the Marine

11  Resources Conservation Trust Fund as provided in subsection

12  (11).

13         Section 31.  In any challenge filed regarding the

14  validity of an impact fee, the local government imposing the

15  fee has the burden of proving, by a preponderance of the

16  evidence, that the fee is directly proportional to the need

17  created by the development for which the fee is assessed, that

18  the fee is based upon the actual cost of any capital

19  improvements for which the fee will be expended less all

20  credits to which the fee payer is entitled, and that the

21  capital expenditures paid for by the impact fee provide a

22  direct benefit to the property upon which the fee is imposed.

23         Section 32.  (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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 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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 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 33.  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 34.  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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 1         Section 35.  Except as otherwise expressly provided in

 2  this act, this act shall take effect July 1, 2005.

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