October 30, 2020
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Senate Bill 0360

Senate Bill sb0360e3

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    CS for CS for CS for SB 360                    Third 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                    Third Engrossed



 1         comprehensive plans; providing an exception;

 2         repealing s. 163.31776, F.S., relating to the

 3         public educational facilities element; amending

 4         s. 163.31777, F.S.; revising the requirements

 5         for the public schools interlocal agreement to

 6         conform to changes made by the act; requiring

 7         the school board to provide certain information

 8         to the local government; amending s. 163.3180,

 9         F.S.; revising requirements for concurrency;

10         providing for schools to be subject to

11         concurrency requirements; requiring that an

12         adequate water supply be available for new

13         development; revising requirements for

14         transportation facilities; requiring that the

15         Department of Transportation be consulted

16         regarding certain level-of-service standards;

17         revising criteria and providing guidelines for

18         transportation concurrency exception areas;

19         requiring a local government to consider the

20         transportation level-of-service standards of

21         adjacent jurisdictions for certain roads;

22         providing a process to monitor de minimis

23         impacts; revising the requirements for a

24         long-term transportation concurrency management

25         system; providing for a long-term school

26         concurrency management system; requiring that

27         school concurrency be established on less than

28         a districtwide basis within 5 years; providing

29         certain exceptions; authorizing a local

30         government to approve a development order if

31         the developer executes a commitment to mitigate


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    CS for CS for CS for SB 360                    Third Engrossed



 1         the impacts on public school facilities;

 2         providing for the adoption of a transportation

 3         concurrency management system by ordinance;

 4         providing requirements for proportionate

 5         fair-share mitigation; providing an exception;

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

 7         authority of local governments to adopt plan

 8         amendments after adopting community vision and

 9         an urban service boundary; providing for small

10         scale plan amendment review under certain

11         circumstances; providing exemptions; providing

12         concurrency exemption for certain DRI projects;

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

14         additional requirements for the evaluation and

15         assessment of the comprehensive plan for

16         counties and municipalities that do not have a

17         public schools interlocal agreement; revising

18         requirements for the evaluation and appraisal

19         report; providing time limit for amendments

20         relating to the report; amending s. 339.135,

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

22         the Department of Transportation; conforming

23         provisions to changes made by the act;

24         requiring the Office of Program Policy Analysis

25         and Government Accountability to perform a

26         study of the boundaries of specified state

27         entities; requiring a report to the

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

29         providing a popular name; providing legislative

30         findings and intent; creating the Century

31         Commission for certain purposes; providing for


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    CS for CS for CS for SB 360                    Third Engrossed



 1         appointment of commission members; providing

 2         for terms; providing for meetings and votes of

 3         members; requiring members to serve without

 4         compensation; providing for per diem and travel

 5         expenses; providing powers and duties of the

 6         commission; requiring the creation of a joint

 7         select committee of the Legislature; providing

 8         purposes; requiring the Secretary of Community

 9         Affairs to select an executive director of the

10         commission; requiring the Department of

11         Community Affairs to provide staff for the

12         commission; providing for other agency staff

13         support for the commission; creating s.

14         339.2819, F.S.; creating the Transportation

15         Regional Incentive Program within the

16         Department of Transportation; providing

17         matching funds for projects meeting certain

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

19         the inclusion of right-of-way services in

20         certain design-build contracts; amending s.

21         337.107, F.S., effective July 1, 2007;

22         eliminating the inclusion of right-of-way

23         services and as part of design-build contracts

24         under certain circumstances; amending s.

25         337.11, F.S.; allowing the Department of

26         Transportation to include right-of-way services

27         and design and construction into a single

28         contract; providing an exception; delaying

29         construction activities in certain

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

31         effective July 1, 2007; deleting language


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    CS for CS for CS for SB 360                    Third Engrossed



 1         allowing right-of-way services and design and

 2         construction phases to be combined for certain

 3         projects; deleting an exception; amending s.

 4         380.06, F.S.; providing exceptions; amending s.

 5         1013.33, F.S.; conforming provisions to changes

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

 7         increasing the threshold for maximum debt

 8         service for transfers in the State

 9         Transportation Trust Fund; amending s. 339.08,

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

11         the State Transportation Trust Fund; amending

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

13         of regional transportation plans in Regional

14         Transportation Areas; amending s. 339.175,

15         F.S.; making conforming changes to provisions

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

17         for loans for certain projects from the

18         state-funded infrastructure bank within the

19         Department of Transportation; amending s.

20         1013.64, F.S.; providing for the expenditure of

21         funds in the Public Education Capital Outlay

22         and Debt Service Trust Fund; amending s.

23         1013.65, F.S.; providing funding for the

24         Classrooms for Kids Program; amending s.

25         201.15, F.S.; providing for the expenditure of

26         certain excise taxes on documents; providing

27         for appropriations for the 2005-2006 fiscal

28         year on a nonrecurring basis for certain

29         purposes; specifying the evidentiary standard a

30         local government must meet when defending a

31         challenge to an ordinance establishing an


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    CS for CS for CS for SB 360                    Third Engrossed



 1         impact fee; requiring the Department of

 2         Transportation to amend the tentative work

 3         program and budget for 2005-2006; prohibits

 4         reversion of certain funds; providing a

 5         declaration of important state interest;

 6         creating s. 1013.789, F.S.; establishing the

 7         High Growth County Construction Account

 8         program; amending s. 339.2818, F.S.; providing

 9         for an annual appropriation from the State

10         Transportation Trust Fund for purposes of

11         funding the Small County Outreach Program;

12         amending s. 341.051, F.S.; providing for an

13         annual appropriation from the State

14         Transportation Trust Fund for purposes of

15         funding the New Starts Transit Program;

16         amending s. 339.61, F.S.; providing for

17         appropriations from the State Transportation

18         Trust Fund; creating s. 403.891, F.S.;

19         appropriating funds to the Water Protection and

20         Sustainability Trust Fund; creating s. 1013.78,

21         F.S.; creating the High Growth District Capital

22         Outlay Assistance Grant Program; providing for

23         grants to school districts meeting certain

24         criteria; Amending s. 380.115, F.S.; allowing

25         an applicant under the development-of-regional

26         impact program to proceed under that program

27         after an optional sector plan is adopted;

28         grandfathering certain developments of regional

29         impact from the provisions of this act relating

30         to chs. 163 and 380, F.S.; providing annual

31         appropriations from the Grants and Donations


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    CS for CS for CS for SB 360                    Third Engrossed



 1         Trust Fund for purposes of implementing the act

 2         and supporting the Century Commission;

 3         providing an effective date.

 4  

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

 6  

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

 8  163.3164, Florida Statutes, to read:

 9         163.3164  Local Government Comprehensive Planning and

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

11  act:

12         (32)  "Financial feasibility" means that sufficient

13  revenues are currently available or will be available from

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

15  available from committed or planned funding sources for years

16  4 and 5, of a 5-year capital improvement schedule for

17  financing capital improvements, such as ad valorem taxes,

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

19  developer contributions, which are adequate to fund the

20  projected costs of the capital improvements identified in the

21  comprehensive plan necessary to ensure that adopted

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

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

24  improvements. The requirement that level-of-service standards

25  be achieved and maintained shall not apply if the

26  proportionate-share process set forth in s. 163.3180(12) and

27  (16) is used.

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

29  (c), and (h) of subsection (6), paragraph (d) of subsection

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

31  


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    CS for CS for CS for SB 360                    Third Engrossed



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

 2  to that section, to read:

 3         163.3177  Required and optional elements of

 4  comprehensive plan; studies and surveys.--

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

 6  comprehensive plan shall be a major objective of the planning

 7  process.  The several elements of the comprehensive plan shall

 8  be consistent, and the comprehensive plan shall be financially

 9  economically feasible. Financial feasibility shall be

10  determined using professionally accepted methodologies.

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

12  improvements element designed to consider the need for and the

13  location of public facilities in order to encourage the

14  efficient utilization of such facilities and set forth:

15         1.  A component which outlines principles for

16  construction, extension, or increase in capacity of public

17  facilities, as well as a component which outlines principles

18  for correcting existing public facility deficiencies, which

19  are necessary to implement the comprehensive plan.  The

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

21         2.  Estimated public facility costs, including a

22  delineation of when facilities will be needed, the general

23  location of the facilities, and projected revenue sources to

24  fund the facilities.

25         3.  Standards to ensure the availability of public

26  facilities and the adequacy of those facilities including

27  acceptable levels of service.

28         4.  Standards for the management of debt.

29         5.  A schedule of capital improvements which includes

30  publicly funded projects, and which may include privately

31  funded projects for which the local government has no fiscal


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    CS for CS for CS for SB 360                    Third Engrossed



 1  responsibility, necessary to ensure that adopted

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

 3  capital improvements that will be funded by the developer,

 4  financial feasibility shall be demonstrated by being

 5  guaranteed in an enforceable development agreement or

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

 7  enforceable agreement. These development agreements and

 8  interlocal agreements shall be reflected in the schedule of

 9  capital improvements if the capital improvement is necessary

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

11  government uses planned revenue sources that require referenda

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

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

14  secure the planned revenue source, identify other existing

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

16  or otherwise amend the plan to ensure financial feasibility.

17         6.  The schedule must include transportation

18  improvements included in the applicable metropolitan planning

19  organization's transportation improvement program adopted

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

21  are relied upon to ensure concurrency and financial

22  feasibility. The schedule must also be coordinated with the

23  applicable metropolitan planning organization's long-range

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

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

26  reviewed on an annual basis and modified as necessary in

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

28  maintain a financially feasible 5-year schedule of capital

29  improvements., except that Corrections, updates, and

30  modifications concerning costs; revenue sources; or acceptance

31  of facilities pursuant to dedications which are consistent


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    CS for CS for CS for SB 360                    Third Engrossed



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

 2  enumerated in the capital improvements element may be

 3  accomplished by ordinance and shall not be deemed to be

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

 5  ordinance shall be transmitted to the state land planning

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

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

 8  or delay the construction for any facility listed in the

 9  5-year schedule.  All public facilities shall be consistent

10  with the capital improvements element. Amendments to implement

11  this section must be adopted and transmitted no later than

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

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

14  new requirements under this part and emergency amendments

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

16  every year thereafter, unless and until the local government

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

18  the state land planning agency.

19         2.  Capital improvements element amendments adopted

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

21  single public hearing before the governing board which shall

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

23  amendments are not subject to the requirements of s.

24  163.3184(3)-(6).

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

26  required annual update to the schedule of capital improvements

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

28  land planning agency must notify the Administration

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

30  commitment to meeting its obligations identified in the

31  


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    CS for CS for CS for SB 360                    Third Engrossed



 1  capital improvement element may be subject to sanctions by the

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

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

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

 5  must also adopt a long-term capital improvements schedule

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

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

 8  capital improvements must be financially feasible.

 9         (6)  In addition to the requirements of subsections

10  (1)-(5) and (12), the comprehensive plan shall include the

11  following elements:

12         (a)  A future land use plan element designating

13  proposed future general distribution, location, and extent of

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

15  industry, agriculture, recreation, conservation, education,

16  public buildings and grounds, other public facilities, and

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

18  Counties are encouraged to designate rural land stewardship

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

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

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

22  include standards to be followed in the control and

23  distribution of population densities and building and

24  structure intensities. The proposed distribution, location,

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

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

27  supplemented by goals, policies, and measurable objectives.

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

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

30  required to accommodate anticipated growth; the projected

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


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    CS for CS for CS for SB 360                    Third Engrossed



 1  availability of water supplies, public facilities, and

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

 3  blighted areas and the elimination of nonconforming uses which

 4  are inconsistent with the character of the community; the

 5  compatibility of uses on lands adjacent to or closely

 6  proximate to military installations; and, in rural

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

 8  and economic development that will strengthen and diversify

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

10  designate areas for future planned development use involving

11  combinations of types of uses for which special regulations

12  may be necessary to ensure development in accord with the

13  principles and standards of the comprehensive plan and this

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

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

16  proximate lands with military installations. In addition, for

17  rural communities, the amount of land designated for future

18  planned industrial use shall be based upon surveys and studies

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

20  and the necessity to strengthen and diversify the local

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

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

23  a county may also designate areas for possible future

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

25  generally identify and depict historic district boundaries and

26  shall designate historically significant properties meriting

27  protection.  The future land use element must clearly identify

28  the land use categories in which public schools are an

29  allowable use.  When delineating the land use categories in

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

31  shall include in the categories sufficient land proximate to


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    CS for CS for CS for SB 360                    Third Engrossed



 1  residential development to meet the projected needs for

 2  schools in coordination with public school boards and may

 3  establish differing criteria for schools of different type or

 4  size.  Each local government shall include lands contiguous to

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

 6  the land use categories in which public schools are an

 7  allowable use. All comprehensive plans must comply with the

 8  school siting requirements of this paragraph no later than

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

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

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

12  amend the local comprehensive plan, except for plan amendments

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

14  requirements are met. Amendments proposed by a local

15  government for purposes of identifying the land use categories

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

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

18  are exempt from the limitation on the frequency of plan

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

20  element shall include criteria that encourage the location of

21  schools proximate to urban residential areas to the extent

22  possible and shall require that the local government seek to

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

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

25  encourage the use of elementary schools as focal points for

26  neighborhoods. For schools serving predominantly rural

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

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

29  the location of public school facilities if the local

30  comprehensive plan contains school siting criteria and the

31  location is consistent with such criteria. Local governments


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    CS for CS for CS for SB 360                    Third Engrossed



 1  required to update or amend their comprehensive plan to

 2  include criteria and address compatibility of adjacent or

 3  closely proximate lands with existing military installations

 4  in their future land use plan element shall transmit the

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

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

 7  potable water, and natural groundwater aquifer recharge

 8  element correlated to principles and guidelines for future

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

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

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

12  detailed engineering plan including a topographic map

13  depicting areas of prime groundwater recharge. The element

14  shall describe the problems and needs and the general

15  facilities that will be required for solution of the problems

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

17  depicting any areas adopted by a regional water management

18  district as prime groundwater recharge areas for the Floridan

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

20  shall be given special consideration when the local government

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

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

23  surveys shall be provided which indicate the suitability of

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

25  board approves an updated regional water supply plan By

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

27  water supply project or projects selected by the local

28  government from those identified in the regional water supply

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

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

31  water management district's regional water supply plan


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    CS for CS for CS for SB 360                    Third Engrossed



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

 2  located within two water management districts, the local

 3  government shall adopt its comprehensive plan amendment within

 4  18 months after the later updated regional water supply plan.

 5  The element must identify such alternative water supply

 6  projects and traditional water supply projects and

 7  conservation and reuse necessary to meet the water needs

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

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

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

11  regional water supply facilities, including development of

12  alternative water supplies, which that are identified in the

13  element as necessary to serve existing and new development and

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

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

16  months after the governing board of a water management

17  district approves an updated regional water supply plan.

18  Amendments to incorporate the work plan do not count toward

19  the limitation on the frequency of adoption of amendments to

20  the comprehensive plan. Local governments, public and private

21  utilities, regional water supply authorities, special

22  districts, and water management districts are encouraged to

23  cooperatively plan for the development of multijurisdictional

24  water supply facilities that are sufficient to meet projected

25  demands for established planning periods, including the

26  development of alternative water sources to supplement

27  traditional sources of ground and surface water supplies.

28         (h)1.  An intergovernmental coordination element

29  showing relationships and stating principles and guidelines to

30  be used in the accomplishment of coordination of the adopted

31  comprehensive plan with the plans of school boards, regional


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    CS for CS for CS for SB 360                    Third Engrossed



 1  water supply authorities, and other units of local government

 2  providing services but not having regulatory authority over

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

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

 5  with the state comprehensive plan and with the applicable

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

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

 8  preparation may exist.  This element of the local

 9  comprehensive plan shall demonstrate consideration of the

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

11  development of adjacent municipalities, the county, adjacent

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

13  as the case may require.

14         a.  The intergovernmental coordination element shall

15  provide for procedures to identify and implement joint

16  planning areas, especially for the purpose of annexation,

17  municipal incorporation, and joint infrastructure service

18  areas.

19         b.  The intergovernmental coordination element shall

20  provide for recognition of campus master plans prepared

21  pursuant to s. 1013.30.

22         c.  The intergovernmental coordination element may

23  provide for a voluntary dispute resolution process as

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

25  a timely manner intergovernmental disputes.  A local

26  government may develop and use an alternative local dispute

27  resolution process for this purpose.

28         2.  The intergovernmental coordination element shall

29  further state principles and guidelines to be used in the

30  accomplishment of coordination of the adopted comprehensive

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


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 1  government providing facilities and services but not having

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

 3  intergovernmental coordination element shall describe joint

 4  processes for collaborative planning and decisionmaking on

 5  population projections and public school siting, the location

 6  and extension of public facilities subject to concurrency, and

 7  siting facilities with countywide significance, including

 8  locally unwanted land uses whose nature and identity are

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

10  intergovernmental coordination elements, each county, all the

11  municipalities within that county, the district school board,

12  and any unit of local government service providers in that

13  county shall establish by interlocal or other formal agreement

14  executed by all affected entities, the joint processes

15  described in this subparagraph consistent with their adopted

16  intergovernmental coordination elements.

17         3.  To foster coordination between special districts

18  and local general-purpose governments as local general-purpose

19  governments implement local comprehensive plans, each

20  independent special district must submit a public facilities

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

22  189.415.

23         4.a.  Local governments adopting a public educational

24  facilities element pursuant to s. 163.31776 must execute an

25  interlocal agreement with the district school board, the

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

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

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

29  intergovernmental coordination element to provide that

30  coordination between the local government and school board is

31  


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    CS for CS for CS for SB 360                    Third Engrossed



 1  pursuant to the agreement and shall state the obligations of

 2  the local government under the agreement.

 3         b.  Plan amendments that comply with this subparagraph

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

 5         5.  The state land planning agency shall establish a

 6  schedule for phased completion and transmittal of plan

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

 8  jurisdictions so as to accomplish their adoption by December

 9  31, 1999.  A local government may complete and transmit its

10  plan amendments to carry out these provisions prior to the

11  scheduled date established by the state land planning agency.

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

13  163.3187(1).

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

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

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

17  Department of Community Affairs which:

18         a.  Identifies all existing or proposed interlocal

19  service-delivery agreements regarding the following:

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

21  drainage; potable water; parks and recreation; and

22  transportation facilities.

23         b.  Identifies any deficits or duplication in the

24  provision of services within its jurisdiction, whether capital

25  or operational. Upon request, the Department of Community

26  Affairs shall provide technical assistance to the local

27  governments in identifying deficits or duplication.

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

29  Department of Community Affairs shall, through the appropriate

30  regional planning council, coordinate a meeting of all local

31  governments within the regional planning area to discuss the


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    CS for CS for CS for SB 360                    Third Engrossed



 1  reports and potential strategies to remedy any identified

 2  deficiencies or duplications.

 3         8.  Each local government shall update its

 4  intergovernmental coordination element based upon the findings

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

 6  may be used as supporting data and analysis for the

 7  intergovernmental coordination element.

 8         9.  By February 1, 2003, Representatives of

 9  municipalities, counties, and special districts shall provide

10  to the Legislature recommended statutory changes for

11  annexation, including any changes that address the delivery of

12  local government services in areas planned for annexation.

13         (11)

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

15  Department of Agriculture and Consumer Services, the

16  Department of Environmental Protection, water management

17  districts, and regional planning councils, shall provide

18  assistance to local governments in the implementation of this

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

20  Code.  Implementation of those provisions shall include a

21  process by which the department may authorize local

22  governments to designate all or portions of lands classified

23  in the future land use element as predominantly agricultural,

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

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

26  and economic incentives are applied to encourage the

27  implementation of innovative and flexible planning and

28  development strategies and creative land use planning

29  techniques, including those contained herein and in rule

30  9J-5.006(5)(l), Florida Administrative Code. Assistance may

31  include, but is not limited to:


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 1         a.  Assistance from the Department of Environmental

 2  Protection and water management districts in creating the

 3  geographic information systems land cover database and aerial

 4  photogrammetry needed to prepare for a rural land stewardship

 5  area;

 6         b.  Support for local government implementation of

 7  rural land stewardship concepts by providing information and

 8  assistance to local governments regarding land acquisition

 9  programs that may be used by the local government or

10  landowners to leverage the protection of greater acreage and

11  maximize the effectiveness of rural land stewardship areas;

12  and

13         c.  Expansion of the role of the Department of

14  Community Affairs as a resource agency to facilitate

15  establishment of rural land stewardship areas in smaller rural

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

17  create a rural land stewardship area.

18         2.  The department shall encourage participation by

19  local governments of different sizes and rural characteristics

20  in establishing and implementing rural land stewardship areas.

21  It is the intent of the Legislature that rural land

22  stewardship areas be used to further the following broad

23  principles of rural sustainability:  restoration and

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

25  urban sprawl; identification and protection of ecosystems,

26  habitats, and natural resources; promotion of rural economic

27  activity; maintenance of the viability of Florida's

28  agricultural economy; and protection of the character of rural

29  areas of Florida. Rural land stewardship areas may be

30  multicounty in order to encourage coordinated regional

31  stewardship planning.


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

 2  planning council, a stakeholder organization of private land

 3  owners, or another local government, shall notify the

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

 5  stewardship area. The written notification shall describe the

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

 7  rural land stewardship area enhances rural land values,

 8  controls urban sprawl, provides necessary open space for

 9  agriculture and protection of the natural environment,

10  promotes rural economic activity, and maintains rural

11  character and the economic viability of agriculture.

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

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

14  municipalities and established urban growth boundaries, and

15  shall be designated by plan amendment.  The plan amendment

16  designating a rural land stewardship area shall be subject to

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

18  163.3184 and shall provide for the following:

19         a.  Criteria for the designation of receiving areas

20  within rural land stewardship areas in which innovative

21  planning and development strategies may be applied.  Criteria

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

23  suitable land to accommodate development so as to avoid

24  conflict with environmentally sensitive areas, resources, and

25  habitats; compatibility between and transition from higher

26  density uses to lower intensity rural uses; the establishment

27  of receiving area service boundaries which provide for a

28  separation between receiving areas and other land uses within

29  the rural land stewardship area through limitations on the

30  extension of services; and connection of receiving areas with

31  


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

 2  and rural road corridors.

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

 4  innovative planning and development strategies to be applied

 5  within rural land stewardship areas pursuant to the provisions

 6  of this section.

 7         c.  A process for the implementation of innovative

 8  planning and development strategies within the rural land

 9  stewardship area, including those described in this subsection

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

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

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

13  moderate income housing for the development anticipated in the

14  receiving area and which are applied through the adoption by

15  the local government of zoning and land development

16  regulations applicable to the rural land stewardship area.

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

18  163.3167(11) to ensure that innovative planning and

19  development strategies comply with the provisions of this

20  section.

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

22  strategies and creative land use techniques consistent with

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

24  Florida Administrative Code.

25         5.  A receiving area shall be designated by the

26  adoption of a land development regulation.  Prior to the

27  designation of a receiving area, the local government shall

28  provide the Department of Community Affairs a period of 30

29  days in which to review a proposed receiving area for

30  consistency with the rural land stewardship area plan

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


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

 2  listed species survey will be performed. If listed species

 3  occur on the receiving area site, the developer shall

 4  coordinate with each appropriate local, state, or federal

 5  agency to determine if adequate provisions have been made to

 6  protect those species in accordance with applicable

 7  regulations. In determining the adequacy of provisions for the

 8  protection of listed species and their habitats, the rural

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

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

11  considered together with the environmental benefits of areas

12  protected as sending areas in fulfilling this criteria.

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

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

15  ordinance, establish the methodology for the creation,

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

17  otherwise referred to as stewardship credits, the application

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

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

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

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

22  transferable rural land use credits within assigned to the

23  rural land stewardship area must enable the realization of the

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

25  greater projected population of the rural land stewardship

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

27  following limitations:

28         a.  Transferable rural land use credits may only exist

29  within a rural land stewardship area.

30         b.  Transferable rural land use credits may only be

31  used on lands designated as receiving areas and then solely


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    CS for CS for CS for SB 360                    Third Engrossed



 1  for the purpose of implementing innovative planning and

 2  development strategies and creative land use planning

 3  techniques adopted by the local government pursuant to this

 4  section.

 5         c.  Transferable rural land use credits assigned to a

 6  parcel of land within a rural land stewardship area shall

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

 8  land stewardship area by plan amendment.

 9         d.  Neither the creation of the rural land stewardship

10  area by plan amendment nor the assignment of transferable

11  rural land use credits by the local government shall operate

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

13  parcel of land within the rural land stewardship area;

14  however, if transferable rural land use credits are

15  transferred from a parcel for use within a designated

16  receiving area, the underlying density assigned to the parcel

17  of land shall cease to exist.

18         e.  The underlying density on each parcel of land

19  located within a rural land stewardship area shall not be

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

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

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

23  stewardship area.

24         f.  Transferable rural land use credits shall cease to

25  exist on a parcel of land where the underlying density

26  assigned to the parcel of land is utilized.

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

28  land located within a designated receiving area may occur only

29  through the assignment or use of transferable rural land use

30  credits and shall not require a plan amendment.

31  


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    CS for CS for CS for SB 360                    Third Engrossed



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

 2  located within receiving areas shall be specified in a

 3  development order which reflects the total number of

 4  transferable rural land use credits assigned to the parcel of

 5  land and the infrastructure and support services necessary to

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

 7  plan of development.

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

 9  removed from the rural land stewardship area through a plan

10  amendment.

11         j.  Transferable rural land use credits may be assigned

12  at different ratios of credits per acre according to the

13  natural resource or other beneficial use characteristics of

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

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

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

17  locations where the retention of and a lesser number of

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

19  a priority, to such lands.

20         k.  The use or conveyance of transferable rural land

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

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

23  restrictive easement running with the land in favor of the

24  county and either the Department of Environmental Protection,

25  Department of Agriculture and Consumer Services, a water

26  management district, or a recognized statewide land trust.

27         7.  Owners of land within rural land stewardship areas

28  should be provided incentives to enter into rural land

29  stewardship agreements, pursuant to existing law and rules

30  adopted thereto, with state agencies, water management

31  districts, and local governments to achieve mutually agreed


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    CS for CS for CS for SB 360                    Third Engrossed



 1  upon conservation objectives.  Such incentives may include,

 2  but not be limited to, the following:

 3         a.  Opportunity to accumulate transferable mitigation

 4  credits.

 5         b.  Extended permit agreements.

 6         c.  Opportunities for recreational leases and

 7  ecotourism.

 8         d.  Payment for specified land management services on

 9  publicly owned land, or property under covenant or restricted

10  easement in favor of a public entity.

11         e.  Option agreements for sale to public entities or

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

13  upon achievement of conservation objectives.

14         8.  The department shall report to the Legislature on

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

16  stewardship areas authorized by the department, including

17  successes and failures in achieving the intent of the

18  Legislature as expressed in this paragraph.

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

20  development is appropriate for urban infill and redevelopment

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

22  including residential and commercial, and usually at higher

23  densities that promote pedestrian-friendly, sustainable

24  communities. The Legislature recognizes that mixed-use,

25  high-density development improves the quality of life for

26  residents and businesses in urban areas. The Legislature finds

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

28  residents by creating a livable community with alternative

29  modes of transportation. Furthermore, the Legislature finds

30  that local zoning ordinances often discourage mixed-use,

31  high-density development in areas that are appropriate for


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    CS for CS for CS for SB 360                    Third Engrossed



 1  urban infill and redevelopment. The Legislature intends to

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

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

 4  service area. Therefore, the Department of Community Affairs

 5  shall provide technical assistance to local governments in

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

 7  redevelopment projects.

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

 9  transfer of development rights is a useful tool to preserve

10  historic buildings and create public open spaces in urban

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

12  the transfer of density credits from historic properties and

13  public open spaces to areas designated for high-density

14  development. The Legislature recognizes that high-density

15  development is integral to the success of many urban infill

16  and redevelopment projects. The Legislature intends to

17  encourage high-density urban infill and redevelopment while

18  preserving historic structures and open spaces. Therefore, the

19  Department of Community Affairs shall provide technical

20  assistance to local governments in order to promote the

21  transfer of development rights within urban areas for

22  high-density infill and redevelopment projects.

23         (g)  The implementation of this subsection shall be

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

25  187, and applicable agency rules.

26         (h)  The department may adopt rules necessary to

27  implement the provisions of this subsection.

28         (12)  A public school facilities element adopted to

29  implement a school concurrency program shall meet the

30  requirements of this subsection. Each county and each

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


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    CS for CS for CS for SB 360                    Third Engrossed



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

 2  consistent with those adopted by the other local governments

 3  within the county and enter the interlocal agreement pursuant

 4  to s. 163.31777.

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

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

 7  if the capacity rate for all schools within the school

 8  district is no greater than 100 percent and the projected

 9  5-year capital outlay full-time equivalent student growth rate

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

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

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

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

14  determination, the state land planning agency shall consider

15  the following criteria:

16         1.  Whether the exceedance is due to temporary

17  circumstances;

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

19  time equivalent student growth rate for the school district is

20  approaching the 10-percent threshold;

21         3.  Whether one or more additional schools within the

22  school district are at or approaching the 100-percent

23  threshold; and

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

25  support the waiver request.

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

27  the municipality meets all of the following criteria for

28  having no significant impact on school attendance:

29         1.  The municipality has issued development orders for

30  fewer than 50 residential dwelling units during the preceding

31  5 years, or the municipality has generated fewer than 25


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    CS for CS for CS for SB 360                    Third Engrossed



 1  additional public school students during the preceding 5

 2  years.

 3         2.  The municipality has not annexed new land during

 4  the preceding 5 years in land use categories that permit

 5  residential uses that will affect school attendance rates.

 6         3.  The municipality has no public schools located

 7  within its boundaries.

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

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

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

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

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

13  163.31777 and the 5-year school district facilities work

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

15  survey prepared pursuant to s. 1013.31 and an existing

16  educational and ancillary plant map or map series; information

17  on existing development and development anticipated for the

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

19  problems and opportunities for existing schools and schools

20  anticipated in the future; an analysis of opportunities to

21  collocate future schools with other public facilities such as

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

23  need for supporting public facilities for existing and future

24  schools; an analysis of opportunities to locate schools to

25  serve as community focal points; projected future population

26  and associated demographics, including development patterns

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

28  periods; and anticipated educational and ancillary plants with

29  land area requirements.

30  

31  


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    CS for CS for CS for SB 360                    Third Engrossed



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

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

 3  programs and activities are ultimately directed.

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

 5  objectives for each goal, setting specific, measurable,

 6  intermediate ends that are achievable and mark progress toward

 7  the goal.

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

 9  for each objective which establish the way in which programs

10  and activities will be conducted to achieve an identified

11  goal.

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

13  such as:

14         1.  The procedure for an annual update process;

15         2.  The procedure for school site selection;

16         3.  The procedure for school permitting;

17         4.  Provision for of supporting infrastructure

18  necessary to support proposed schools, including potable

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

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

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

22         5.  Provision for colocation of other public

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

24  in proximity to public schools;

25         6.  Provision for location of schools proximate to

26  residential areas and to complement patterns of development,

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

28  community focal points;

29         7.  Measures to ensure compatibility of school sites

30  and surrounding land uses;

31  


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    CS for CS for CS for SB 360                    Third Engrossed



 1         8.  Coordination with adjacent local governments and

 2  the school district on emergency preparedness issues,

 3  including the use of public schools to serve as emergency

 4  shelters; and

 5         9.  Coordination with the future land use element.

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

 7  conditions maps which depict the anticipated location of

 8  educational and ancillary plants, including the general

 9  location of improvements to existing schools or new schools

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

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

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

13  indicating general locations of future schools or school

14  improvements may not prescribe a land use on a particular

15  parcel of land.

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

17  phased schedule for adoption of the public school facilities

18  element and the required updates to the public schools

19  interlocal agreement pursuant to s. 163.31777. The schedule

20  shall provide for each county and local government within the

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

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

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

24  163.3187(1).

25         (j)  Failure to adopt the public school facility

26  element, to enter into an approved interlocal agreement as

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

28  the comprehensive plan as necessary to implement school

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

30  a local government being prohibited from adopting amendments

31  to the comprehensive plan which increase residential density


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    CS for CS for CS for SB 360                    Third Engrossed



 1  until the necessary amendments have been adopted and

 2  transmitted to the state land planning agency.

 3         (k)  The state land planning agency may issue the

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

 5  be enforced for failure to enter into an approved interlocal

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

 7  implement the provisions of this act relating to public school

 8  concurrency. The school board may be subject to sanctions

 9  imposed by the Administration Commission directing the

10  Department of Education to withhold from the district school

11  board an equivalent amount of funds for school construction

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

13  1013.72.

14         (13)  Local governments are encouraged to develop a

15  community vision that provides for sustainable growth,

16  recognizes its fiscal constraints, and protects its natural

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

18  applicable regional planning council shall provide assistance

19  in the development of a community vision.

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

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

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

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

24  government must hold at least one public workshop with

25  stakeholder groups such as neighborhood associations,

26  community organizations, businesses, private property owners,

27  housing and development interests, and environmental

28  organizations.

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

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

31  public meetings required under paragraph (a):


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 1         1.  Future growth in the area using population

 2  forecasts from the Bureau of Economic and Business Research;

 3         2.  Priorities for economic development;

 4         3.  Preservation of open space, environmentally

 5  sensitive lands, and agricultural lands;

 6         4.  Appropriate areas and standards for mixed-use

 7  development;

 8         5.  Appropriate areas and standards for high-density

 9  commercial and residential development;

10         6.  Appropriate areas and standards for

11  economic-development opportunities and employment centers;

12         7.  Provisions for adequate workforce housing;

13         8.  An efficient, interconnected multimodal

14  transportation system; and

15         9.  Opportunities to create land use patterns that

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

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

18  local government must discuss strategies for addressing the

19  topics discussed under paragraph (b), including:

20         1.  Strategies to preserve open space and

21  environmentally sensitive lands, and to encourage a healthy

22  agricultural economy, including innovative planning and

23  development strategies, such as the transfer of development

24  rights;

25         2.  Incentives for mixed-use development, including

26  increased height and intensity standards for buildings that

27  provide residential use in combination with office or

28  commercial space;

29         3.  Incentives for workforce housing;

30         4.  Designation of an urban service boundary pursuant

31  to subsection (2); and


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 1         5.  Strategies to provide mobility within the community

 2  and to protect the Strategic Intermodal System, including the

 3  development of a transportation corridor management plan under

 4  s. 337.273.

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

 6  shared concept for growth and development of the community,

 7  including visual representations depicting the desired

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

 9  10-year planning timeframe. The community vision must also

10  take into consideration economic viability of the vision and

11  private property interests.

12         (e)  After the workshops and public meetings required

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

14  its comprehensive plan to include the community vision as a

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

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

17  163.3189 at public hearings of the governing body other than

18  those identified in paragraph (a).

19         (f)  Amendments submitted under this subsection are

20  exempt from the limitation on the frequency of plan amendments

21  in s. 163.3187.

22         (g)  A local government that has developed a community

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

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

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

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

27  comprehensive plan or reflected in subsequently adopted land

28  development regulations and the plan amendment incorporating

29  the community vision as a component has been found in

30  compliance is eligible for the incentives in s. 163.3184(17).

31  


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    CS for CS for CS for SB 360                    Third Engrossed



 1         (14)  Local governments are also encouraged to

 2  designate an urban service boundary. This area must be

 3  appropriate for compact, contiguous urban development within a

 4  10-year planning timeframe. The urban service area boundary

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

 6  The local government shall demonstrate that the land included

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

 8  be served with adequate public facilities and services based

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

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

11  improvements element which is financially feasible. The local

12  government shall demonstrate that the amount of land within

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

14  needed to accommodate the projected population growth at

15  densities consistent with the adopted comprehensive plan

16  within the 10-year planning timeframe.

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

18  service boundary, the local government must hold two public

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

20  planning agency. Before those public meetings, the local

21  government must hold at least one public workshop with

22  stakeholder groups such as neighborhood associations,

23  community organizations, businesses, private property owners,

24  housing and development interests, and environmental

25  organizations.

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

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

28  its comprehensive plan to include the urban service boundary.

29  This plan amendment must be transmitted and adopted pursuant

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

31  


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 1  the governing body other than those required under paragraph

 2  (a).

 3         2.  This subsection does not prohibit new development

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

 5  that establishes an urban service boundary under this

 6  subsection is encouraged to require a full-cost accounting

 7  analysis for any new development outside the boundary and to

 8  consider the results of that analysis when adopting a plan

 9  amendment for property outside the established urban service

10  boundary.

11         (c)  Amendments submitted under this subsection are

12  exempt from the limitation on the frequency of plan amendments

13  in s. 163.3187.

14         (d)  A local government that has adopted an urban

15  service boundary before July 1, 2005, which substantially

16  accomplishes the goals set forth in this subsection is not

17  required to comply with paragraph (a) or subparagraph 1. of

18  paragraph (b) in order to be eligible for the incentives under

19  s. 163.3184(17). In order to satisfy the provisions of this

20  paragraph, the local government must secure a determination

21  from the state land planning agency that the urban service

22  boundary adopted before July 1, 2005, substantially complies

23  with the criteria of this subsection, based on data and

24  analysis submitted by the local government to support this

25  determination. The determination by the state land planning

26  agency is not subject to administrative challenge.

27         Section 3.  Section 163.31776, Florida Statutes, is

28  repealed.

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

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

31         163.31777  Public schools interlocal agreement.--


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

 2  address interlocal-agreement requirements in s.

 3  163.3180(13)(g), except for exempt local governments as

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

 5  issues:

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

 7  district school board agree and base their plans on consistent

 8  projections of the amount, type, and distribution of

 9  population growth and student enrollment. The geographic

10  distribution of jurisdiction-wide growth forecasts is a major

11  objective of the process.

12         (b)  A process to coordinate and share information

13  relating to existing and planned public school facilities,

14  including school renovations and closures, and local

15  government plans for development and redevelopment.

16         (c)  Participation by affected local governments with

17  the district school board in the process of evaluating

18  potential school closures, significant renovations to existing

19  schools, and new school site selection before land

20  acquisition. Local governments shall advise the district

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

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

23  including appropriate circumstances and criteria under which a

24  district school board may request an amendment to the

25  comprehensive plan for school siting.

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

27  of onsite and offsite improvements to support new, proposed

28  expansion, or redevelopment of existing schools. The process

29  must address identification of the party or parties

30  responsible for the improvements.

31  


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

 2  government regarding the effect of comprehensive plan

 3  amendments on school capacity. The capacity reporting must be

 4  consistent with laws and rules relating to measurement of

 5  school facility capacity and must also identify how the

 6  district school board will meet the public school demand based

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

 8         (f)  Participation of the local governments in the

 9  preparation of the annual update to the district school

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

11  educational plant survey prepared pursuant to s. 1013.35.

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

13  of either school board or local government facilities can be

14  shared for mutual benefit and efficiency.

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

16  the district school board and local governments, which may

17  include the dispute resolution processes contained in chapters

18  164 and 186.

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

20  public participation, for the implementation of the interlocal

21  agreement.

22  

23  A signatory to the interlocal agreement may elect not to

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

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

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

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

28  the interlocal agreement. An interlocal agreement entered into

29  pursuant to this section must be consistent with the adopted

30  comprehensive plan and land development regulations of any

31  local government that is a signatory.


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 1         (5)  Any local government transmitting a public school

 2  element to implement school concurrency pursuant to the

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

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

 5  agreement to conform with the provisions of this section if

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

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

 8  county conducts its evaluation and appraisal report and

 9  identifies changes necessary to more fully conform to the

10  provisions of this section.

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

12  municipalities meeting the exemption criteria in s.

13  163.3177(12) having no established need for a new school

14  facility and meeting the following criteria are exempt from

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

16         (a)  The municipality has no public schools located

17  within its boundaries.

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

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

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

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

22  district school board must verify in writing that no new

23  school facility will be needed in the municipality within the

24  5-year and 10-year timeframes.

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

26  report, each exempt municipality shall assess the extent to

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

28  163.3177(12) subsection (6). If the municipality continues to

29  meet these criteria and the district school board verifies in

30  writing that no new school facilities will be needed within

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


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 1  continue to be exempt from the interlocal-agreement

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

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

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

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

 6  the municipality's jurisdiction.

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

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

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

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

11  to that section, to read:

12         163.3180  Concurrency.--

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

14  water, parks and recreation, schools, and transportation

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

16  only public facilities and services subject to the concurrency

17  requirement on a statewide basis. Additional public facilities

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

19  statewide basis without appropriate study and approval by the

20  Legislature; however, any local government may extend the

21  concurrency requirement so that it applies to additional

22  public facilities within its jurisdiction.

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

24  sanitary sewer, solid waste, drainage, adequate water

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

26  available to serve new development no later than the issuance

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

28  functional equivalent. Prior to approval of a building permit

29  or its functional equivalent, the local government shall

30  consult with the applicable water supplier to determine

31  whether adequate water supplies to serve the new development


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 1  will be available no later than the anticipated date of

 2  issuance by the local government of a certificate of occupancy

 3  or its functional equivalent.

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

 5  otherwise provided in this section, parks and recreation

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

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

 8  local government of a certificate of occupancy or its

 9  functional equivalent.  However, the acreage for such

10  facilities shall be dedicated or be acquired by the local

11  government prior to issuance by the local government of a

12  certificate of occupancy or its functional equivalent, or

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

14  committed no later than prior to issuance by the local

15  government's approval to commence construction government of a

16  certificate of occupancy or its functional equivalent.

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

18  otherwise provided in this section, transportation facilities

19  designated as part of the Florida Intrastate Highway System

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

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

22  local government approves a building permit or its functional

23  equivalent that results in traffic generation issuance by the

24  local government of a certificate of occupancy or its

25  functional equivalent. Other transportation facilities needed

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

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

28  government of a certificate of occupancy or its functional

29  equivalent.

30         (4)

31  


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

 2  to transportation facilities and public schools, as

 3  implemented in local government comprehensive plans, may be

 4  waived by a local government for urban infill and

 5  redevelopment areas designated pursuant to s. 163.2517 if such

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

 7  by the local government in its local government comprehensive

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

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

10  local government may grant a concurrency exception pursuant to

11  subsection (5) for transportation facilities located within

12  these urban infill and redevelopment areas.

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

14  circumstances dealing with transportation facilities,

15  countervailing planning and public policy goals may come into

16  conflict with the requirement that adequate public facilities

17  and services be available concurrent with the impacts of such

18  development.  The Legislature further finds that often the

19  unintended result of the concurrency requirement for

20  transportation facilities is the discouragement of urban

21  infill development and redevelopment.  Such unintended results

22  directly conflict with the goals and policies of the state

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

24  exceptions from the concurrency requirement for transportation

25  facilities may be granted as provided by this subsection.

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

27  concurrency requirement for transportation facilities if the

28  proposed development is otherwise consistent with the adopted

29  local government comprehensive plan and is a project that

30  promotes public transportation or is located within an area

31  designated in the comprehensive plan for:


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 1         1.  Urban infill development,

 2         2.  Urban redevelopment,

 3         3.  Downtown revitalization, or

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

 5         (c)  The Legislature also finds that developments

 6  located within urban infill, urban redevelopment, existing

 7  urban service, or downtown revitalization areas or areas

 8  designated as urban infill and redevelopment areas under s.

 9  163.2517 which pose only special part-time demands on the

10  transportation system should be excepted from the concurrency

11  requirement for transportation facilities.  A special

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

13  scheduled events during any calendar year and does not affect

14  the 100 highest traffic volume hours.

15         (d)  A local government shall establish guidelines in

16  the comprehensive plan for granting the exceptions authorized

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

18  must be consistent with and support a comprehensive strategy

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

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

21  implement strategies to support and fund mobility within the

22  designated exception area, including alternative modes of

23  transportation. The plan amendment shall also demonstrate how

24  strategies will support the purpose of the exception and how

25  mobility within the designated exception area will be

26  provided.  In addition, the strategies must address urban

27  design; appropriate land use mixes, including intensity and

28  density; and network connectivity plans needed to promote

29  urban infill, redevelopment, or downtown revitalization.  The

30  comprehensive plan amendment designating the concurrency

31  


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 1  exception area shall be accompanied by data and analysis

 2  justifying the size of the area.

 3         (f)  Prior to the designation of a concurrency

 4  exception area, the Department of Transportation shall be

 5  consulted by the local government to assess the impact that

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

 7  level of service standards established for Strategic

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

 9  roadway facilities funded in accordance with s. 339.2819.

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

11  Department of Transportation, develop a plan to mitigate any

12  impacts to the Strategic Intermodal System, including, if

13  appropriate, the development of a long-term concurrency

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

15  163.3180(9). in the comprehensive plan. These guidelines must

16  include consideration of the impacts on the Florida Intrastate

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

18  be available only within the specific geographic area of the

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

20  any affected person may challenge a plan amendment

21  establishing these guidelines and the areas within which an

22  exception could be granted.

23         (g)  Transportation concurrency exception areas

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

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

26  the comprehensive plan update pursuant to the evaluation and

27  appraisal report, whichever occurs last.

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

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

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

31  volume at the adopted level of service of the affected


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 1  transportation facility as determined by the local government.

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

 3  volumes and the projected volumes from approved projects on a

 4  transportation facility would exceed 110 percent of the

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

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

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

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

 9  deficiency of the roadway. Local governments are encouraged to

10  adopt methodologies to encourage de minimis impacts on

11  transportation facilities within an existing urban service

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

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

14  designated hurricane evacuation routes. Each local government

15  shall maintain sufficient records to ensure that the

16  110-percent criterion is not exceeded. Each local government

17  shall submit annually, with its updated capital improvements

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

19  land planning agency determines that the 110-percent criterion

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

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

22  minimis exceptions for the applicable roadway may be granted

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

24  percent. The local government shall provide proof of this

25  reduction to the state land planning agency before issuing

26  further de minimis exceptions.

27         (7)  In order to promote infill development and

28  redevelopment, one or more transportation concurrency

29  management areas may be designated in a local government

30  comprehensive plan. A transportation concurrency management

31  area must be a compact geographic area with an existing


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 1  network of roads where multiple, viable alternative travel

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

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

 4  for such a transportation concurrency management area based

 5  upon an analysis that provides for a justification for the

 6  areawide level of service, how urban infill development or

 7  redevelopment will be promoted, and how mobility will be

 8  accomplished within the transportation concurrency management

 9  area. Prior to the designation of a concurrency management

10  area, the Department of Transportation shall be consulted by

11  the local government to assess the impact that the proposed

12  concurrency management area is expected to have on the adopted

13  level of service standards established for Strategic

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

15  roadway facilities funded in accordance with s. 339.2819.

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

17  Department of Transportation, develop a plan to mitigate any

18  impacts to the Strategic Intermodal System, including, if

19  appropriate, the development of a long-term concurrency

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

21  163.3180(9). Transportation concurrency management areas

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

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

24  the comprehensive plan update pursuant to the evaluation and

25  appraisal report, whichever occurs last. The state land

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

27  Administrative Code, to be consistent with this subsection.

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

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

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

31  years for specially designated districts or areas where


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 1  significant backlogs exist. The plan may include interim

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

 3  rely on the local government's schedule of capital

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

 5  development orders that authorize commencement of construction

 6  permits in these designated districts or areas. The

 7  concurrency management system. It must be designed to correct

 8  existing deficiencies and set priorities for addressing

 9  backlogged facilities. The concurrency management system It

10  must be financially feasible and consistent with other

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

12  use map.

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

14  school facility backlog for existing development which cannot

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

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

17  schedule of capital improvements covering of up to 15 years

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

19  between that local government and all other similarly situated

20  local jurisdictions, using the following factors:

21         1.  The extent of the backlog.

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

23  roads.

24         3.  The cost of eliminating the backlog.

25         4.  The local government's tax and other

26  revenue-raising efforts.

27         (c)  The local government may issue approvals to

28  commence construction notwithstanding s. 163.3180, consistent

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

30  management system.

31  


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

 2  concurrency management system, it must evaluate the system

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

 4  its progress toward improving levels of service within the

 5  long-term concurrency management district or area in the

 6  evaluation and appraisal report and determine any changes that

 7  are necessary to accelerate progress in meeting acceptable

 8  levels of service.

 9         (10)  With regard to roadway facilities on the

10  Strategic Intermodal System designated in accordance with ss.

11  339.61, 339.62, 339.63, and 339.64, the Florida Intrastate

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

13  facilities funded in accordance with s. 339.2819 with

14  concurrence from the Department of Transportation, the

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

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

17  local government in the comprehensive plan. For all other

18  facilities on the Florida Intrastate Highway System, local

19  governments shall adopt the level-of-service standard

20  established by the Department of Transportation by rule.  For

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

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

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

24  established by the Department of Transportation. In

25  establishing adequate level-of-service standards for any

26  arterial roads, or collector roads as appropriate, which

27  traverse multiple jurisdictions, local governments shall

28  consider compatibility with the roadway facility's adopted

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

30  local government within a county shall use a professionally

31  accepted methodology for measuring impacts on transportation


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 1  facilities for the purposes of implementing its concurrency

 2  management system. Counties are encouraged to coordinate with

 3  adjacent counties, and local governments within a county are

 4  encouraged to coordinate, for the purpose of using common

 5  methodologies for measuring impacts on transportation

 6  facilities for the purpose of implementing their concurrency

 7  management systems.

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

 9  shall be established on a districtwide basis and shall include

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

11  district, whether located in a municipality or an

12  unincorporated area unless exempt from the public school

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

14  application of school concurrency to development shall be

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

16  local governments within a county, except as provided in

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

18  planning agency the necessary plan amendments, along with the

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

20  163.3184(7) and (8). School concurrency shall not become

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

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

23  amendments, which together with the interlocal agreement, are

24  determined to be in compliance with the requirements of this

25  part. The minimum requirements for school concurrency are the

26  following:

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

28  government shall adopt and transmit to the state land planning

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

30  facilities element which is consistent with the requirements

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


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

 2  school facilities plan elements within a county must be

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

 4  part.

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

 6  recognizes that an essential requirement for a concurrency

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

 8  facility is expected to operate.

 9         1.  Local governments and school boards imposing school

10  concurrency shall exercise authority in conjunction with each

11  other to establish jointly adequate level-of-service

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

13  Code, necessary to implement the adopted local government

14  comprehensive plan, based on data and analysis.

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

16  included and adopted into the capital improvements element of

17  the local comprehensive plan and shall apply districtwide to

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

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

20  purpose facilities such as magnet schools.

21         3.  Local governments and school boards shall have the

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

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

24  circumstances warrant.

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

26  essential requirement for a concurrency system is a

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

28  be measured when an application for a residential development

29  permit is reviewed for school concurrency purposes. This

30  delineation is also important for purposes of determining

31  whether the local government has a financially feasible public


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 1  school capital facilities program that will provide schools

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

 3  standards.

 4         1.  In order to balance competing interests, preserve

 5  the constitutional concept of uniformity, and avoid disruption

 6  of existing educational and growth management processes, local

 7  governments are encouraged to initially apply school

 8  concurrency to development only on a districtwide basis so

 9  that a concurrency determination for a specific development

10  will be based upon the availability of school capacity

11  districtwide. To ensure that development is coordinated with

12  schools having available capacity, within 5 years after

13  adoption of school concurrency, local governments shall apply

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

15  using school attendance zones or concurrency service areas, as

16  provided in subparagraph 2.

17         2.  For local governments applying school concurrency

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

19  attendance zones or larger school concurrency service areas,

20  local governments and school boards shall have the burden to

21  demonstrate that the utilization of school capacity is

22  maximized to the greatest extent possible in the comprehensive

23  plan and amendment, taking into account transportation costs

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

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

26  the service area boundaries selected by local governments and

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

28  standards for establishing those boundaries, shall be

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

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

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


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    CS for CS for CS for SB 360                    Third Engrossed



 1  concurrency system shall be by plan amendment and shall be

 2  exempt from the limitation on the frequency of plan amendments

 3  in s. 163.3187(1).

 4         3.  Where school capacity is available on a

 5  districtwide basis but school concurrency is applied on a less

 6  than districtwide basis in the form of concurrency service

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

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

 9  a development permit and if the needed capacity for the

10  particular service area is available in one or more contiguous

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

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

13  final subdivision approval or the functional equivalent for a

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

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

16  shall be shifted to contiguous service areas with schools

17  having available capacity and mitigation measures shall not be

18  exacted.

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

20  that financial feasibility is an important issue because the

21  premise of concurrency is that the public facilities will be

22  provided in order to achieve and maintain the adopted

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

24  Administrative Code, contain specific standards to determine

25  the financial feasibility of capital programs. These standards

26  were adopted to make concurrency more predictable and local

27  governments more accountable.

28         1.  A comprehensive plan amendment seeking to impose

29  school concurrency shall contain appropriate amendments to the

30  capital improvements element of the comprehensive plan,

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


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 1  9J-5.016, Florida Administrative Code. The capital

 2  improvements element shall set forth a financially feasible

 3  public school capital facilities program, established in

 4  conjunction with the school board, that demonstrates that the

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

 6  maintained.

 7         2.  Such amendments shall demonstrate that the public

 8  school capital facilities program meets all of the financial

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

10  Administrative Code, that apply to capital programs which

11  provide the basis for mandatory concurrency on other public

12  facilities and services.

13         3.  When the financial feasibility of a public school

14  capital facilities program is evaluated by the state land

15  planning agency for purposes of a compliance determination,

16  the evaluation shall be based upon the service areas selected

17  by the local governments and school board.

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

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

20  site plan, final subdivision approval, or the functional

21  equivalent for a development or phase of a development permit

22  authorizing residential development for failure to achieve and

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

24  capacity in a local option school concurrency management

25  system where adequate school facilities will be in place or

26  under actual construction within 3 years after the permit

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

28  functional equivalent. School concurrency shall be satisfied

29  if the developer executes a legally binding commitment to

30  provide mitigation proportionate to the demand for public

31  school facilities to be created by actual development of the


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

 2  in subparagraph 1. Options for proportionate-share mitigation

 3  of impacts on public school facilities shall be established in

 4  the public school facilities element and the interlocal

 5  agreement pursuant to s. 163.31777.

 6         1.  Appropriate mitigation options include the

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

 8  for land acquistion or construction of a public school

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

10  construction of a public school facility in exchange for the

11  right to sell capacity credits. Such options must include

12  execution by the applicant and the local government of a

13  binding development agreement that constitutes a legally

14  binding commitment to pay proportionate-share mitigation for

15  the additional residential units approved by the local

16  government in a development order and actually developed on

17  the property, taking into account residential density allowed

18  on the property prior to the plan amendment that increased

19  overall residential density. The district school board shall

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

21  into such a development agreement, the local government may

22  require the landowner to agree to continuing renewal of the

23  agreement upon its expiration.

24         2.  If the education facilities plan and the public

25  educational facilities element authorize a contribution of

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

27  acquistion; or the construction or expansion of a public

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

29  mitigation, the local government shall credit such a

30  contribution, construction, expansion, or payment toward any

31  other impact fee or exaction imposed by local ordinance for


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

 2  value.

 3         3.  Any proportionate-share mitigation must be directed

 4  by the school board toward a school capacity improvement

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

 6  and which satisfies the demands created by that development in

 7  accordance with a binding developer's agreement.

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

 9  local government to deny a development permit or its

10  functional equivalent pursuant to its home-rule regulatory

11  powers, except as provided in this part.

12         (f)  Intergovernmental coordination.--

13         1.  When establishing concurrency requirements for

14  public schools, a local government shall satisfy the

15  requirements for intergovernmental coordination set forth in

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

17  required to be a signatory to the interlocal agreement

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

19  prerequisite for imposition of school concurrency, and as a

20  nonsignatory, shall not participate in the adopted local

21  school concurrency system, if the municipality meets all of

22  the following criteria for having no significant impact on

23  school attendance:

24         a.  The municipality has issued development orders for

25  fewer than 50 residential dwelling units during the preceding

26  5 years, or the municipality has generated fewer than 25

27  additional public school students during the preceding 5

28  years.

29         b.  The municipality has not annexed new land during

30  the preceding 5 years in land use categories which permit

31  residential uses that will affect school attendance rates.


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 1         c.  The municipality has no public schools located

 2  within its boundaries.

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

 4  the boundaries of the municipality has been built upon.

 5         2.  A municipality which qualifies as having no

 6  significant impact on school attendance pursuant to the

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

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

 9  163.3191 whether it continues to meet the criteria pursuant to

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

11  longer meets the criteria, it must adopt appropriate school

12  concurrency goals, objectives, and policies in its plan

13  amendments based on the evaluation and appraisal report, and

14  enter into the existing interlocal agreement required by ss.

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

16  participate in the school concurrency system.  If such a

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

18  enforcement provisions of s. 163.3191.

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

20  establishing concurrency requirements for public schools, a

21  local government must enter into an interlocal agreement that

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

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

24  The interlocal agreement shall acknowledge both the school

25  board's constitutional and statutory obligations to provide a

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

27  and the land use authority of local governments, including

28  their authority to approve or deny comprehensive plan

29  amendments and development orders.  The interlocal agreement

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

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


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 1  with the other necessary amendments to the comprehensive plan

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

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

 4  shall meet the following requirements:

 5         1.  Establish the mechanisms for coordinating the

 6  development, adoption, and amendment of each local

 7  government's public school facilities element with each other

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

 9  districtwide school concurrency system.

10         2.  Establish a process by which each local government

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

12  consistent projections of the amount, type, and distribution

13  of population growth and coordinate and share information

14  relating to existing and planned public school facilities

15  projections and proposals for development and redevelopment,

16  and infrastructure required to support public school

17  facilities.

18         2.3.  Establish a process for the development of siting

19  criteria which encourages the location of public schools

20  proximate to urban residential areas to the extent possible

21  and seeks to collocate schools with other public facilities

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

23  possible.

24         3.4.  Specify uniform, districtwide level-of-service

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

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

27         4.5.  Establish a process for the preparation,

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

29  school board of a public school capital facilities program

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

31  incorporation of the public school capital facilities program


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 1  into the local government comprehensive plans on an annual

 2  basis.

 3         5.6.  Define the geographic application of school

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

 5  than districtwide basis in the form of concurrency service

 6  areas, the agreement shall establish criteria and standards

 7  for the establishment and modification of school concurrency

 8  service areas.  The agreement shall also establish a process

 9  and schedule for the mandatory incorporation of the school

10  concurrency service areas and the criteria and standards for

11  establishment of the service areas into the local government

12  comprehensive plans.  The agreement shall ensure maximum

13  utilization of school capacity, taking into account

14  transportation costs and court-approved desegregation plans,

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

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

17  standards for the geographic area of application throughout

18  the 5 years covered by the public school capital facilities

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

20  annual update.

21         6.7.  Establish a uniform districtwide procedure for

22  implementing school concurrency which provides for:

23         a.  The evaluation of development applications for

24  compliance with school concurrency requirements, including

25  information provided by the school board on affected schools,

26  impact on levels of service, and programmed improvements for

27  affected schools and any options to provide sufficient

28  capacity;

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

30  comment on the effect of comprehensive plan amendments and

31  rezonings on the public school facilities plan; and


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 1         c.  The monitoring and evaluation of the school

 2  concurrency system.

 3         7.8.  Include provisions relating to termination,

 4  suspension, and amendment of the agreement. The agreement

 5  shall provide that if the agreement is terminated or

 6  suspended, the application of school concurrency shall be

 7  terminated or suspended.

 8         8.  A process and uniform methodology for determining

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

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

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

12  functional equivalent prior to the implementation of school

13  concurrency.

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

15  established under a local government comprehensive plan in

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

17  local comprehensive plan assigns secondary priority to vehicle

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

19  and attractive pedestrian environment, with convenient

20  interconnection to transit. Such districts must incorporate

21  community design features that will reduce the number of

22  automobile trips or vehicle miles of travel and will support

23  an integrated, multimodal transportation system. Prior to the

24  designation of multimodal transportation districts, the

25  Department of Transportation shall be consulted by the local

26  government to assess the impact that the proposed multimodal

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

28  service standards established for Strategic Intermodal System

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

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

31  government shall, in cooperation with the Department of


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

 2  Strategic Intermodal System, including the development of a

 3  long-term concurrency management system pursuant to ss.

 4  163.3177(3)(d) and 163.3180(9). Multimodal transportation

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

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

 7  the time of the comprehensive plan update pursuant to the

 8  evaluation and appraisal report, whichever occurs last.

 9         (b)  Community design elements of such a district

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

11  educational, recreational, and cultural uses; interconnected

12  networks of streets designed to encourage walking and

13  bicycling, with traffic-calming where desirable; appropriate

14  densities and intensities of use within walking distance of

15  transit stops; daily activities within walking distance of

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

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

18  and attractive for the pedestrian, with adjoining buildings

19  open to the street and with parking not interfering with

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

21         (c)  Local governments may establish multimodal

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

23  modes of transportation within the district, when justified by

24  an analysis demonstrating that the existing and planned

25  community design will provide an adequate level of mobility

26  within the district based upon professionally accepted

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

28  take into consideration the impact on the Florida Intrastate

29  Highway System. The analysis must also demonstrate that the

30  capital improvements required to promote community design are

31  financially feasible over the development or redevelopment


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 1  timeframe for the district and that community design features

 2  within the district provide convenient interconnection for a

 3  multimodal transportation system.  Local governments may issue

 4  development permits in reliance upon all planned community

 5  design capital improvements that are financially feasible over

 6  the development or redevelopment timeframe for the district,

 7  without regard to the period of time between development or

 8  redevelopment and the scheduled construction of the capital

 9  improvements.  A determination of financial feasibility shall

10  be based upon currently available funding or funding sources

11  that could reasonably be expected to become available over the

12  planning period.

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

14  access fees for development within multimodal transportation

15  districts based on the reduction of vehicle trips per

16  household or vehicle miles of travel expected from the

17  development pattern planned for the district.

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

19  method by which the impacts of development on transportation

20  facilities can be mitigated by the cooperative efforts of the

21  public and private sectors. The methodology used to calculate

22  proportionate fair-share mitigation under this section shall

23  be as provided for in s. 163.3180(12).

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

25  adopt by ordinance a methodology for assessing proportionate

26  fair-share mitigation options. By December 1, 2005, the

27  Department of Transportation shall develop a model

28  transportation concurrency management ordinance with

29  methodologies for assessing proportionate fair-share

30  mitigation options.

31  


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 1         (b)1.  In its transportation concurrency management

 2  system, a local government shall, by December 1, 2006, include

 3  methodologies that will be applied to calculate proportionate

 4  fair-share mitigation. A developer may choose to satisfy all

 5  transportation concurrency requirements by contributing or

 6  paying proportionate fair-share mitigation if transportation

 7  facilities or facility segments identified as mitigation for

 8  traffic impacts are specifically identified for funding in the

 9  5-year schedule of capital improvements in the capital

10  improvements element of the local plan or the long-term

11  concurrency management system or if such contributions or

12  payments to such facilities or segments are reflected in the

13  5-year schedule of capital improvements in the next regularly

14  scheduled update of the capital improvements element. Updates

15  to the 5-year capital improvements element which reflect

16  proportionate fair-share contributions may not be found not in

17  compliance based on s. 163.3177(3) and s. 163.164(32) if

18  additional contributions, payments or funding sources are

19  reasonably anticipated during a period not to exceed 10 years

20  to fully mitigate impacts on the transportation facilities.

21         2.  Proportionate fair-share mitigation shall be

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

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

24  used to address the same capital infrastructure improvements

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

26         (c)  Proportionate fair-share mitigation includes,

27  without limitation, separately or collectively, private funds,

28  contributions of land, and construction and contribution of

29  facilities and may include public funds as determined by the

30  local government. The fair market value of the proportionate

31  fair-share mitigation shall not differ based on the form of


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 1  mitigation. A local government may not require a development

 2  to pay more than its proportionate fair-share contribution

 3  regardless of the method of mitigation.

 4         (d)  Nothing in this subsection shall require a local

 5  government to approve a development that is not otherwise

 6  qualified for approval pursuant to the applicable local

 7  comprehensive plan and land development regulations.

 8         (e)  Mitigation for development impacts to facilities

 9  on the Strategic Intermodal System made pursuant to this

10  subsection requires the concurrence of the Department of

11  Transportation.

12         (f)  In the event the funds in an adopted 5-year

13  capital improvements element are insufficient to fully fund

14  construction of a transportation improvement required by the

15  local government's concurrency management system, a local

16  government and a developer may still enter into a binding

17  proportionate share agreement authorizing the developer to

18  construct that amount of development on which the

19  proportionate share is calculated if the proportionate share

20  amount in such agreement is sufficient to pay for one or more

21  improvements which will, in the opinion of the governmental

22  entity or entities maintaining the transportation facilities,

23  significantly benefit the impacted transportation system. The

24  improvement or improvements funded by the proportionate share

25  component must be adopted into the 5-year capital improvements

26  schedule of the comprehensive plan at the next annual capital

27  improvements element update.

28         (g)  Except as provided in subparagraph (b)1., nothing

29  in this section shall prohibit the Department of Community

30  Affairs from finding other portions of the capital

31  


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 1  improvements element amendments not in compliance as provided

 2  in this chapter.

 3         (h)  The provisions of this subsection do not apply to

 4  a multiuse development of regional impact satisfying the

 5  requirements of subsection (12).

 6         Section 6.  Subsections (17) and (18) are added to

 7  section 163.3184, Florida Statutes, to read:

 8         163.3184  Process for adoption of comprehensive plan or

 9  plan amendment.--

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

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

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

13  solely to property within an urban service boundary in the

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

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

16  state and regional agency review is eliminated. The department

17  may not issue an objections, recommendations, and comments

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

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

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

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

22  challenge the compliance of an adopted plan amendment. This

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

24  critical state concern, to any amendment that increases

25  residential densities allowable in high-hazard coastal areas

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

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

28  comprehensive plan. Amendments submitted under this subsection

29  are exempt from the limitation on the frequency of plan

30  amendments in s. 163.3187.

31  


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 1         (18)  A municipality that has a designated urban infill

 2  and redevelopment area under s. 163.2517 may adopt a plan

 3  amendment related to map amendments solely to property within

 4  a designated urban infill and redevelopment area in the manner

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

 6  and s. 163.3187(1)(c)1.d. and e., 2., 3., such that state and

 7  regional agency review is eliminated. The department may not

 8  issue an objections, recommendations, and comments report on

 9  proposed plan amendments or a notice of intent on adopted plan

10  amendments; however, affected persons, as defined by paragraph

11  (1)(a), may file a petition for administrative review pursuant

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

13  compliance of an adopted plan amendment. This subsection does

14  not apply to any amendment within an area of critical state

15  concern, to any amendment that increases residential densities

16  allowable in high-hazard coastal areas as defined in s.

17  163.3178(2)(h), or to a text change to the goals, policies, or

18  objectives of the local government's comprehensive plan.

19  Amendments submitted under this subsection are exempt from the

20  limitation on the frequency of plan amendments in s. 163.3187.

21         Section 7.  Paragraph (c) of subsection (1) is amended

22  and paragraph (o) is added to section 163.3187, Florida

23  Statutes, to read:

24         163.3187  Amendment of adopted comprehensive plan.--

25         (1)  Amendments to comprehensive plans adopted pursuant

26  to this part may be made not more than two times during any

27  calendar year, except:

28         (c)  Any local government comprehensive plan amendments

29  directly related to proposed small scale development

30  activities may be approved without regard to statutory limits

31  on the frequency of consideration of amendments to the local


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 1  comprehensive plan. A small scale development amendment may be

 2  adopted only under the following conditions:

 3         1.  The proposed amendment involves a use of 10 acres

 4  or fewer and:

 5         a.  The cumulative annual effect of the acreage for all

 6  small scale development amendments adopted by the local

 7  government shall not exceed:

 8         (I)  A maximum of 120 acres in a local government that

 9  contains areas specifically designated in the local

10  comprehensive plan for urban infill, urban redevelopment, or

11  downtown revitalization as defined in s. 163.3164, urban

12  infill and redevelopment areas designated under s. 163.2517,

13  transportation concurrency exception areas approved pursuant

14  to s. 163.3180(5), or regional activity centers and urban

15  central business districts approved pursuant to s.

16  380.06(2)(e); however, amendments under this paragraph may be

17  applied to no more than 60 acres annually of property outside

18  the designated areas listed in this sub-sub-subparagraph.

19  Amendments adopted pursuant to paragraph (k) shall not be

20  counted toward the acreage limitations for small scale

21  amendments under this paragraph.

22         (II)  A maximum of 80 acres in a local government that

23  does not contain any of the designated areas set forth in

24  sub-sub-subparagraph (I).

25         (III)  A maximum of 120 acres in a county established

26  pursuant to s. 9, Art. VIII of the State Constitution.

27         b.  The proposed amendment does not involve the same

28  property granted a change within the prior 12 months.

29         c.  The proposed amendment does not involve the same

30  owner's property within 200 feet of property granted a change

31  within the prior 12 months.


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 1         d.  The proposed amendment does not involve a text

 2  change to the goals, policies, and objectives of the local

 3  government's comprehensive plan, but only proposes a land use

 4  change to the future land use map for a site-specific small

 5  scale development activity.

 6         e.  The property that is the subject of the proposed

 7  amendment is not located within an area of critical state

 8  concern, unless the project subject to the proposed amendment

 9  involves the construction of affordable housing units meeting

10  the criteria of s. 420.0004(3), and is located within an area

11  of critical state concern designated by s. 380.0552 or by the

12  Administration Commission pursuant to s. 380.05(1). Such

13  amendment is not subject to the density limitations of

14  sub-subparagraph f., and shall be reviewed by the state land

15  planning agency for consistency with the principles for

16  guiding development applicable to the area of critical state

17  concern where the amendment is located and shall not become

18  effective until a final order is issued under s. 380.05(6).

19         f.  If the proposed amendment involves a residential

20  land use, the residential land use has a density of 10 units

21  or less per acre or the proposed future land use category

22  allows a maximum residential density of the same or less than

23  the maximum residential density allowable under the existing

24  future land use category, except that this limitation does not

25  apply to small scale amendments involving the construction of

26  affordable housing units meeting the criteria of s.

27  420.0004(3) on property which will be the subject of a land

28  use restriction agreement or extended use agreement recorded

29  in conjunction with the issuance of tax exempt bond financing

30  or an allocation of federal tax credits issued through the

31  Florida Housing Finance Corporation or a local housing finance


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 1  authority authorized by the Division of Bond Finance of the

 2  State Board of Administration, or small scale amendments

 3  described in sub-sub-subparagraph a.(I) that are designated in

 4  the local comprehensive plan for urban infill, urban

 5  redevelopment, or downtown revitalization as defined in s.

 6  163.3164, urban infill and redevelopment areas designated

 7  under s. 163.2517, transportation concurrency exception areas

 8  approved pursuant to s. 163.3180(5), or regional activity

 9  centers and urban central business districts approved pursuant

10  to s. 380.06(2)(e).

11         2.a.  A local government that proposes to consider a

12  plan amendment pursuant to this paragraph is not required to

13  comply with the procedures and public notice requirements of

14  s. 163.3184(15)(c) for such plan amendments if the local

15  government complies with the provisions in s. 125.66(4)(a) for

16  a county or in s. 166.041(3)(c) for a municipality. If a

17  request for a plan amendment under this paragraph is initiated

18  by other than the local government, public notice is required.

19         b.  The local government shall send copies of the

20  notice and amendment to the state land planning agency, the

21  regional planning council, and any other person or entity

22  requesting a copy. This information shall also include a

23  statement identifying any property subject to the amendment

24  that is located within a coastal high hazard area as

25  identified in the local comprehensive plan.

26         3.  Small scale development amendments adopted pursuant

27  to this paragraph require only one public hearing before the

28  governing board, which shall be an adoption hearing as

29  described in s. 163.3184(7), and are not subject to the

30  requirements of s. 163.3184(3)-(6) unless the local government

31  elects to have them subject to those requirements.


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 1         4.  If the small scale development amendment involves a

 2  site within an area that is designated by the Governor as a

 3  rural area of critical economic concern under s. 288.0656(7)

 4  for the duration of such designation, the 10-acre limit listed

 5  in subparagraph 1. shall be increased by 100 percent to 20

 6  acres. The local government approving the small scale plan

 7  amendment shall certify to the Office of Tourism, Trade, and

 8  Economic Development that the plan amendment furthers the

 9  economic objectives set forth in the executive order issued

10  under s. 288.0656(7), and the property subject to the plan

11  amendment shall undergo public review to ensure that all

12  concurrency requirements and federal, state, and local

13  environmental permit requirements are met.

14         (d)  Any comprehensive plan amendment required by a

15  compliance agreement pursuant to s. 163.3184(16) may be

16  approved without regard to statutory limits on the frequency

17  of adoption of amendments to the comprehensive plan.

18         (e)  A comprehensive plan amendment for location of a

19  state correctional facility. Such an amendment may be made at

20  any time and does not count toward the limitation on the

21  frequency of plan amendments.

22         (f)  Any comprehensive plan amendment that changes the

23  schedule in the capital improvements element, and any

24  amendments directly related to the schedule, may be made once

25  in a calendar year on a date different from the two times

26  provided in this subsection when necessary to coincide with

27  the adoption of the local government's budget and capital

28  improvements program.

29         (g)  Any local government comprehensive plan amendments

30  directly related to proposed redevelopment of brownfield areas

31  designated under s. 376.80 may be approved without regard to


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 1  statutory limits on the frequency of consideration of

 2  amendments to the local comprehensive plan.

 3         (h)  Any comprehensive plan amendments for port

 4  transportation facilities and projects that are eligible for

 5  funding by the Florida Seaport Transportation and Economic

 6  Development Council pursuant to s. 311.07.

 7         (i)  A comprehensive plan amendment for the purpose of

 8  designating an urban infill and redevelopment area under s.

 9  163.2517 may be approved without regard to the statutory

10  limits on the frequency of amendments to the comprehensive

11  plan.

12         (j)  Any comprehensive plan amendment to establish

13  public school concurrency pursuant to s. 163.3180(13),

14  including, but not limited to, adoption of a public school

15  facilities element and adoption of amendments to the capital

16  improvements element and intergovernmental coordination

17  element. In order to ensure the consistency of local

18  government public school facilities elements within a county,

19  such elements shall be prepared and adopted on a similar time

20  schedule.

21         (k)  A local comprehensive plan amendment directly

22  related to providing transportation improvements to enhance

23  life safety on Controlled Access Major Arterial Highways

24  identified in the Florida Intrastate Highway System, in

25  counties as defined in s. 125.011, where such roadways have a

26  high incidence of traffic accidents resulting in serious

27  injury or death. Any such amendment shall not include any

28  amendment modifying the designation on a comprehensive

29  development plan land use map nor any amendment modifying the

30  allowable densities or intensities of any land.

31  


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 1         (l)  A comprehensive plan amendment to adopt a public

 2  educational facilities element pursuant to s. 163.31776 and

 3  future land-use-map amendments for school siting may be

 4  approved notwithstanding statutory limits on the frequency of

 5  adopting plan amendments.

 6         (m)  A comprehensive plan amendment that addresses

 7  criteria or compatibility of land uses adjacent to or in close

 8  proximity to military installations in a local government's

 9  future land use element does not count toward the limitation

10  on the frequency of the plan amendments.

11         (n)  Any local government comprehensive plan amendment

12  establishing or implementing a rural land stewardship area

13  pursuant to the provisions of s. 163.3177(11)(d).

14         (o)  A comprehensive plan amendment that is submitted

15  by an area designated by the Governor as a rural area of

16  critical economic concern under s. 288.0656(7) and that meets

17  the economic development objectives may be approved without

18  regard to the statutory limits on the frequency of adoption of

19  amendments to the comprehensive plan.

20         Section 8.  Subsections (2) and (10) of section

21  163.3191, Florida Statutes, are amended to read:

22         163.3191  Evaluation and appraisal of comprehensive

23  plan.--

24         (2)  The report shall present an evaluation and

25  assessment of the comprehensive plan and shall contain

26  appropriate statements to update the comprehensive plan,

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

28  other media, related to:

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

30  including annexation, since the adoption of the original plan

31  or the most recent update amendments.


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

 2         (c)  The financial feasibility of implementing the

 3  comprehensive plan and of providing needed infrastructure to

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

 5  sustain concurrency management systems through the capital

 6  improvements element, as well as the ability to address

 7  infrastructure backlogs and meet the demands of growth on

 8  public services and facilities.

 9         (d)  The location of existing development in relation

10  to the location of development as anticipated in the original

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

12  and appraisal report update amendments, such as within areas

13  designated for urban growth.

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

15  jurisdiction and, where pertinent, the potential social,

16  economic, and environmental impacts.

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

18  the requirements of this part, the minimum criteria contained

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

20  appropriate strategic regional policy plan since the adoption

21  of the original plan or the most recent evaluation and

22  appraisal report update amendments.

23         (g)  An assessment of whether the plan objectives

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

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

26  identification as to whether unforeseen or unanticipated

27  changes in circumstances have resulted in problems or

28  opportunities with respect to major issues identified in each

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

30  the issue.

31  


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 1         (h)  A brief assessment of successes and shortcomings

 2  related to each element of the plan.

 3         (i)  The identification of any actions or corrective

 4  measures, including whether plan amendments are anticipated to

 5  address the major issues identified and analyzed in the

 6  report.  Such identification shall include, as appropriate,

 7  new population projections, new revised planning timeframes, a

 8  revised future conditions map or map series, an updated

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

10  objectives, and policies for major issues identified within

11  each element.  This paragraph shall not require the submittal

12  of the plan amendments with the evaluation and appraisal

13  report.

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

15  activities undertaken by the local government in preparing the

16  report.

17         (k)  The coordination of the comprehensive plan with

18  existing public schools and those identified in the applicable

19  educational facilities plan adopted pursuant to s. 1013.35.

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

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

22  associated planned residential development with public schools

23  and their capacities, as well as the joint decisionmaking

24  processes engaged in by the local government and the school

25  board in regard to establishing appropriate population

26  projections and the planning and siting of public school

27  facilities. For those counties or municipalities that do not

28  have a public schools interlocal agreement or public school

29  facility element, the assessment shall determine whether the

30  local government continues to meet the criteria of s.

31  163.3177(12). If the county or municipality determines that it


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

 2  concurrency goals, objectives, and policies in its plan

 3  amendments pursuant to the requirements of the public school

 4  facility element, and enter into the existing interlocal

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

 6  order to fully participate in the school concurrency system.

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

 8  demonstrate that they are not relevant.

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

10  successful in identifying alternative water supply projects

11  and traditional water supply projects, including conservation

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

13  373.0361(2)(a) within the local government's jurisdiction. The

14  report must evaluate the degree to which the local government

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

16  and regional water supply facilities, including development of

17  alternative water supplies, The evaluation must consider the

18  appropriate water management district's regional water supply

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

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

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

22  facilities that are identified in the element as necessary to

23  serve existing and new development and for which the local

24  government is responsible.

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

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

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

28  property rights of current residents when redevelopment

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

30  a natural disaster. The property rights of current residents

31  shall be balanced with public safety considerations. The local


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 1  government must identify strategies to address redevelopment

 2  feasibility and the property rights of affected residents.

 3  These strategies may include the authorization of

 4  redevelopment up to the actual built density in existence on

 5  the property prior to the natural disaster or redevelopment.

 6         (n)  An assessment of whether the criteria adopted

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

 8  compatibility with military installations.

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

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

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

12  multimodal transportation district designated pursuant to s.

13  163.3180(15) has achieved the purpose for which it was created

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

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

16  needed to develop a common methodology for measuring impacts

17  on transportation facilities for the purpose of implementing

18  its concurrency management system in coordination with the

19  municipalities and counties, as appropriate pursuant to s.

20  163.3180(10).

21         (10)  The governing body shall amend its comprehensive

22  plan based on the recommendations in the report and shall

23  update the comprehensive plan based on the components of

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

25  163.3187, and 163.3189.  Amendments to update a comprehensive

26  plan based on the evaluation and appraisal report shall be

27  adopted during a single amendment cycle within 18 months after

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

29  planning agency, except the state land planning agency may

30  grant an extension for adoption of a portion of such

31  amendments.  The state land planning agency may grant a


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 1  6-month extension for the adoption of such amendments if the

 2  request is justified by good and sufficient cause as

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

 4  granted if the request will result in greater coordination

 5  between transportation and land use, for the purposes of

 6  improving Florida's transportation system, as determined by

 7  the agency in coordination with the Metropolitan Planning

 8  Organization program.  Beginning July 1, 2006, failure to

 9  timely adopt and transmit update amendments to the

10  comprehensive plan based on the evaluation and appraisal

11  report shall result in a local government being prohibited

12  from adopting amendments to the comprehensive plan until the

13  evaluation and appraisal report update amendments have been

14  adopted and transmitted to the state land planning agency. The

15  prohibition on plan amendments shall commence when the update

16  amendments to the comprehensive plan are past due. The

17  comprehensive plan as amended shall be in compliance as

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

19  effective date of the update amendments to the comprehensive

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

21  planning agency and to all agencies designated by rule a

22  complete copy of the updated comprehensive plan.

23         Section 9.  Paragraph (b) of subsection (4) of section

24  339.135, Florida Statutes, is amended to read:

25         339.135  Work program; legislative budget request;

26  definitions; preparation, adoption, execution, and

27  amendment.--

28         (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--

29         (b)1.  A tentative work program, including the ensuing

30  fiscal year and the successive 4 fiscal years, shall be

31  prepared for the State Transportation Trust Fund and other


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 1  funds managed by the department, unless otherwise provided by

 2  law.  The tentative work program shall be based on the

 3  district work programs and shall set forth all projects by

 4  phase to be undertaken during the ensuing fiscal year and

 5  planned for the successive 4 fiscal years. The total amount of

 6  the liabilities accruing in each fiscal year of the tentative

 7  work program may not exceed the revenues available for

 8  expenditure during the respective fiscal year based on the

 9  cash forecast for that respective fiscal year.

10         2.  The tentative work program shall be developed in

11  accordance with the Florida Transportation Plan required in s.

12  339.155 and must comply with the program funding levels

13  contained in the program and resource plan.

14         3.  The department may include in the tentative work

15  program proposed changes to the programs contained in the

16  previous work program adopted pursuant to subsection (5);

17  however, the department shall minimize changes and adjustments

18  that affect the scheduling of project phases in the 4 common

19  fiscal years contained in the previous adopted work program

20  and the tentative work program.  The department, in the

21  development of the tentative work program, shall advance by 1

22  fiscal year all projects included in the second year of the

23  previous year's adopted work program, unless the secretary

24  specifically determines that it is necessary, for specific

25  reasons, to reschedule or delete one or more projects from

26  that year.  Such changes and adjustments shall be clearly

27  identified, and the effect on the 4 common fiscal years

28  contained in the previous adopted work program and the

29  tentative work program shall be shown.  It is the intent of

30  the Legislature that the first 5 years of the adopted work

31  program for facilities designated as part of the Florida


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 1  Intrastate Highway System and the first 3 years of the adopted

 2  work program stand as the commitment of the state to undertake

 3  transportation projects that local governments may rely on for

 4  planning and concurrency purposes and in the development and

 5  amendment of the capital improvements elements of their local

 6  government comprehensive plans.

 7         4.  The tentative work program must include a balanced

 8  36-month forecast of cash and expenditures and a 5-year

 9  finance plan supporting the tentative work program.

10         Section 10.  The Office of Program Policy Analysis and

11  Government Accountability shall perform a study on adjustments

12  to the boundaries of Florida Regional Planning Councils,

13  Florida Water Management Districts, and Department of

14  Transportation Districts. The purpose of this study is to

15  organize these regional boundaries to be more coterminous with

16  one another, creating a more unified system of regional

17  boundaries. This study must be completed by December 31, 2005,

18  and submitted to the President of the Senate, the Speaker of

19  the House of Representatives, and the Governor by January 15,

20  2006.

21         Section 11.  Section 163.3247, Florida Statutes, is

22  created to read:

23         163.3247  Century Commission for a Sustainable

24  Florida.--

25         (1)  POPULAR NAME.--This section may be cited as the

26  "Century Commission for a Sustainable Florida Act."

27         (2)  FINDINGS AND INTENT.--The Legislature finds and

28  declares that the population of this state is expected to more

29  than double over the next 100 years, with commensurate impacts

30  to the state's natural resources and public infrastructure.

31  Consequently, it is in the best interests of the people of the


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 1  state to ensure sound planning for the proper placement of

 2  this growth and protection of the state's land, water, and

 3  other natural resources since such resources are essential to

 4  our collective quality of life and a strong economy. The

 5  state's growth management system should foster economic

 6  stability through regional solutions and strategies, urban

 7  renewal and infill, and the continued viability of

 8  agricultural economies, while allowing for rural economic

 9  development and protecting the unique characteristics of rural

10  areas, and should reduce the complexity of the regulatory

11  process while carrying out the intent of the laws and

12  encouraging greater citizen participation.

13         (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;

14  CREATION; ORGANIZATION.--The Century Commission for a

15  Sustainable Florida is created as a standing body to help the

16  citizens of this state envision and plan their collective

17  future with an eye towards both 25-year and 50-year horizons.

18         (a)  The commission shall consist of fifteen members,

19  five appointed by the Governor, five appointed by the

20  President of the Senate, and five appointed by the Speaker of

21  the House of Representatives. Appointments shall be made no

22  later than October 1, 2005. The membership must represent

23  local governments, school boards, developers and homebuilders,

24  the business community, the agriculture community, the

25  environmental community, and other appropriate stakeholders.

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, except that, initially, to

31  provide for staggered terms, the Governor, the President of


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 1  the Senate, and the Speaker of the House of Representatives,

 2  shall each appoint one member to serve a 2-year term, two

 3  members to serve 3-year terms, and two members to serve 4-year

 4  terms. All subsequent appointments shall be for 4-year terms.

 5  An appointee may not serve more than 6 years.

 6         (b)  The first meeting of the commission shall be held

 7  no later than December 1, 2005, and shall meet at the call of

 8  the chair but not less frequently than three times per year in

 9  different regions of the state to solicit input from the

10  public or any other individuals offering testimony relevant to

11  the issues to be considered.

12         (c)  Each member of the commission is entitled to one

13  vote and actions of the commission are not binding unless

14  taken by a three-fifths vote of the members present. A

15  majority of the members is required to constitute a quorum,

16  and the affirmative vote of a quorum is required for a binding

17  vote.

18         (d)  Members of the commission shall serve without

19  compensation but shall be entitled to receive per diem and

20  travel expenses in accordance with s. 112.061 while in

21  performance of their duties.

22         (4)  POWERS AND DUTIES.--The commission shall:

23         (a)  Annually conduct a process through which the

24  commission envisions the future for the state and then

25  develops and recommends policies, plans, action steps, or

26  strategies to assist in achieving the vision.

27         (b)  Continuously review and consider statutory and

28  regulatory provisions, governmental processes, and societal

29  and economic trends in its inquiry of how state, regional, and

30  local governments and entities and citizens of this state can

31  best accommodate projected increased populations while


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 1  maintaining the natural, historical, cultural, and manmade

 2  life qualities that best represent the state.

 3         (c)  Bring together people representing varied

 4  interests to develop a shared image of the state and its

 5  developed and natural areas. The process should involve

 6  exploring the impact of the estimated population increase and

 7  other emerging trends and issues; creating a vision for the

 8  future; and developing a strategic action plan to achieve that

 9  vision using 25-year and 50-year intermediate planning

10  timeframes.

11         (d)  Focus on essential state interests, defined as

12  those interests that transcend local or regional boundaries

13  and are most appropriately conserved, protected, and promoted

14  at the state level.

15         (e)  Serve as an objective, nonpartisan repository of

16  exemplary community-building ideas and as a source to

17  recommend strategies and practices to assist others in working

18  collaboratively to problem solve on issues relating to growth

19  management.

20         (f)  Annually, beginning January 16, 2007, and every

21  year thereafter on the same date, provide to the Governor, the

22  President of the Senate, and the Speaker of the House of

23  Representatives a written report containing specific

24  recommendations for addressing growth management in the state,

25  including executive and legislative recommendations. Further,

26  the report shall contain discussions regarding the need for

27  intergovernmental cooperation and the balancing of

28  environmental protection and future development and

29  recommendations on issues, including, but not limited to,

30  recommendations regarding dedicated sources of funding for

31  sewer facilities, water supply and quality, transportation


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 1  facilities that are not adequately addressed by the Strategic

 2  Intermodal System, and educational infrastructure to support

 3  existing development and projected population growth.

 4         (g)  Beginning with the 2007 Regular Session of the

 5  Legislature, the President of the Senate and Speaker of the

 6  House of Representatives shall create a joint select

 7  committee, the task of which shall be to review the findings

 8  and recommendations of the Century Commission for a

 9  Sustainable Florida for potential action.

10         (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--

11         (a)  The Secretary of Community Affairs shall select an

12  executive director of the commission, and the executive

13  director shall serve at the pleasure of the secretary under

14  the supervision and control of the commission.

15         (b)  The Department of Community Affairs shall provide

16  staff and other resources necessary to accomplish the goals of

17  the commission based upon recommendations of the Governor.

18         (c)  All agencies under the control of the Governor are

19  directed, and all other agencies are requested, to render

20  assistance to, and cooperate with, the commission.

21         Section 12.  Section 339.2819, Florida Statutes, is

22  created to read:

23         339.2819  Transportation Regional Incentive Program.--

24         (1)  There is created within the Department of

25  Transportation a Transportation Regional Incentive Program for

26  the purpose of providing funds to improve regionally

27  significant transportation facilities in regional

28  transportation areas created pursuant to s. 339.155(5).

29         (2)  The percentage of matching funds provided from the

30  Transportation Regional Incentive Program shall be 50 percent

31  of project costs, or up to 50 percent of the nonfederal share


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 1  of the eligible project cost for a public transportation

 2  facility project.

 3         (3)  The department shall allocate funding available

 4  for the Transportation Regional Incentive Program to the

 5  districts based on a factor derived from equal parts of

 6  population and motor fuel collections for eligible counties in

 7  regional transportation areas created pursuant to s.

 8  339.155(5).

 9         (4)(a)  Projects to be funded with Transportation

10  Regional Incentive Program funds shall, at a minimum:

11         1.  Support those transportation facilities that serve

12  national, statewide, or regional functions and function as an

13  integrated regional transportation system.

14         2.  Be identified in the capital improvements element

15  of a comprehensive plan that has been determined to be in

16  compliance with part II of chapter 163, after July 1, 2005, or

17  to implement a long-term concurrency management system adopted

18  by a local government in accordance with s. 163.3177(9).

19  Further, the project shall be in compliance with local

20  government comprehensive plan policies relative to corridor

21  management.

22         3.  Be consistent with the Strategic Intermodal System

23  Plan developed under s. 339.64.

24         4.  Have a commitment for local, regional, or private

25  financial matching funds as a percentage of the overall

26  project cost.

27         (b)  In allocating Transportation Regional Incentive

28  Program funds, priority shall be given to projects that:

29         1.  Provide connectivity to the Strategic Intermodal

30  System developed under s. 339.64.

31  


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 1         2.  Support economic development and the movement of

 2  goods in rural areas of critical economic concern designated

 3  under s. 288.0656(7).

 4         3.  Are subject to a local ordinance that establishes

 5  corridor management techniques, including access management

 6  strategies, right-of-way acquisition and protection measures,

 7  appropriate land use strategies, zoning, and setback

 8  requirements for adjacent land uses.

 9         4.  Improve connectivity between military installations

10  and the Strategic Highway Network or the Strategic Rail

11  Corridor Network.

12         (5)  Funds paid into the State Transportation Trust

13  Fund pursuant to s. 201.15(1)(d) for the purposes of the

14  Transportation Regional Incentive Program are hereby annually

15  appropriated for expenditure to support that program.

16         Section 13.  Section 337.107, Florida Statutes, is

17  amended to read:

18         337.107  Contracts for right-of-way services.--The

19  department may enter into contracts pursuant to s. 287.055 for

20  right-of-way services on transportation corridors and

21  transportation facilities, or the department may include

22  right-of-way services as part of design-build contracts

23  awarded under s. 337.11. Right-of-way services include

24  negotiation and acquisition services, appraisal services,

25  demolition and removal of improvements, and asbestos-abatement

26  services.

27         Section 14.  Effective July 1, 2007, section 337.107,

28  Florida Statutes, as amended by this act is amended to read:

29         337.107  Contracts for right-of-way services.--The

30  department may enter into contracts pursuant to s. 287.055 for

31  right-of-way services on transportation corridors and


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 1  transportation facilities, or the department may include

 2  right-of-way services as part of design-build contracts

 3  awarded under s. 337.11. Right-of-way services include

 4  negotiation and acquisition services, appraisal services,

 5  demolition and removal of improvements, and asbestos-abatement

 6  services.

 7         Section 15.  Paragraph (a) of subsection (7) of section

 8  337.11, Florida Statutes, is amended to read:

 9         337.11  Contracting authority of department; bids;

10  emergency repairs, supplemental agreements, and change orders;

11  combined design and construction contracts; progress payments;

12  records; requirements of vehicle registration.--

13         (7)(a)  If the head of the department determines that

14  it is in the best interests of the public, the department may

15  combine the right-of-way services and  design and construction

16  phases of any a building, a major bridge, a limited access

17  facility, or a rail corridor project into a single contract,

18  except for a resurfacing or minor bridge project, the

19  right-of-way services and design and construction phases of

20  which may be combined under s. 337.025. Such contract is

21  referred to as a design-build contract. Design-build contracts

22  may be advertised and awarded notwithstanding the requirements

23  of paragraph (3)(c). However, construction activities may not

24  begin on any portion of such projects until title to the

25  necessary rights-of-way and easements for the construction of

26  that portion of the project has vested in the state or a local

27  governmental entity and all railroad crossing and utility

28  agreements have been executed. Title to rights-of-way vests in

29  the state when the title has been dedicated to the public or

30  acquired by prescription.

31  


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 1         Section 16.  Effective July 1, 2007, paragraph (a) of

 2  subsection (7) of section 337.11, Florida Statutes, as amended

 3  by this act, is amended to read:

 4         337.11  Contracting authority of department; bids;

 5  emergency repairs, supplemental agreements, and change orders;

 6  combined design and construction contracts; progress payments;

 7  records; requirements of vehicle registration.--

 8         (7)(a)  If the head of the department determines that

 9  it is in the best interests of the public, the department may

10  combine the right-of-way services and design and construction

11  phases of a building, a major bridge, a limited access

12  facility, or a rail corridor any project into a single

13  contract, except for a resurfacing or minor bridge project,

14  the right-of-way services and design and construction phase of

15  which may be combined under s. 337.025. Such contract is

16  referred to as a design-build contract. Design-build contracts

17  may be advertised and awarded notwithstanding the requirements

18  of paragraph (3)(c). However, construction activities may not

19  begin on any portion of such projects  for which the

20  department has not yet obtained title to the necessary

21  rights-of-way and easements for the construction of that

22  portion of the project has vested in the state or a local

23  governmental entity and all railroad crossing and utility

24  agreements have been executed. Title to rights-of-way shall be

25  deemed to have vested in the state when the title has been

26  dedicated to the public or acquired by prescription.

27         Section 17.  Paragraphs (l), (m), and (n) are added to

28  subsection (24) of section 380.06, Florida Statutes, to read:

29         380.06  Developments of regional impact.--

30         (24)  STATUTORY EXEMPTIONS.--

31  


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 1         (l)  Any proposed development within an urban service

 2  boundary established under s. 163.3177(14) is exempt from the

 3  provisions of this section if the local government having

 4  jurisdiction over the area where the development is proposed

 5  has adopted the urban service boundary and has entered into a

 6  binding agreement with adjacent jurisdictions and the

 7  Department of Transportation regarding the mitigation of

 8  impacts on state and regional transportation facilities, and

 9  has adopted a proportionate share methodology pursuant to s.

10  163.3180(16).

11         (m)  Any proposed development within a rural land

12  stewardship area created under s. 163.3177(11)(d) is exempt

13  from the provisions of this section if the local government

14  that has adopted the rural land stewardship area has entered

15  into a binding agreement with jurisdictions that would be

16  impacted and the Department of Transportation regarding the

17  mitigation of impacts on state and regional transportation

18  facilities, and has adopted a proportionate share methodology

19  pursuant to s. 163.3180(16).

20         (n)  Any proposed development or redevelopment within

21  an area designated as an urban infill and redevelopment area

22  under s. 163.2517 is exempt from the provisions of this

23  section if the local government has entered into a binding

24  agreement with jurisdictions that would be impacted and the

25  Department of Transportation regarding the mitigation of

26  impacts on state and regional transportation facilities, and

27  has adopted a proportionate share methodology pursuant to s.

28  163.3180(16).

29         Section 18.  Subsections (3), (7), and (8) of section

30  1013.33, Florida Statutes, are amended to read:

31  


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 1         1013.33  Coordination of planning with local governing

 2  bodies.--

 3         (3)  At a minimum, the interlocal agreement must

 4  address interlocal-agreement requirements in s.

 5  163.3180(13)(g), except for exempt local governments as

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

 7  issues:

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

 9  district school board agree and base their plans on consistent

10  projections of the amount, type, and distribution of

11  population growth and student enrollment. The geographic

12  distribution of jurisdiction-wide growth forecasts is a major

13  objective of the process.

14         (b)  A process to coordinate and share information

15  relating to existing and planned public school facilities,

16  including school renovations and closures, and local

17  government plans for development and redevelopment.

18         (c)  Participation by affected local governments with

19  the district school board in the process of evaluating

20  potential school closures, significant renovations to existing

21  schools, and new school site selection before land

22  acquisition. Local governments shall advise the district

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

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

25  including appropriate circumstances and criteria under which a

26  district school board may request an amendment to the

27  comprehensive plan for school siting.

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

29  of onsite and offsite improvements to support new

30  construction, proposed expansion, or redevelopment of existing

31  


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 1  schools. The process shall address identification of the party

 2  or parties responsible for the improvements.

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

 4  government regarding the effect of comprehensive plan

 5  amendments on school capacity. The capacity reporting must be

 6  consistent with laws and rules regarding measurement of school

 7  facility capacity and must also identify how the district

 8  school board will meet the public school demand based on the

 9  facilities work program adopted pursuant to s. 1013.35.

10         (f)  Participation of the local governments in the

11  preparation of the annual update to the school board's 5-year

12  district facilities work program and educational plant survey

13  prepared pursuant to s. 1013.35.

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

15  of either school board or local government facilities can be

16  shared for mutual benefit and efficiency.

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

18  the district school board and local governments, which may

19  include the dispute resolution processes contained in chapters

20  164 and 186.

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

22  public participation, for the implementation of the interlocal

23  agreement.

24  

25  A signatory to the interlocal agreement may elect not to

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

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

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

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

30  the interlocal agreement. An interlocal agreement entered into

31  pursuant to this section must be consistent with the adopted


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 1  comprehensive plan and land development regulations of any

 2  local government that is a signatory.

 3         (7)  Except as provided in subsection (8),

 4  municipalities meeting the exemption criteria in s.

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

 6  meeting the following criteria are exempt from the

 7  requirements of subsections (2), (3), and (4).:

 8         (a)  The municipality has no public schools located

 9  within its boundaries.

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

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

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

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

14  district school board must verify in writing that no new

15  school facility will be needed in the municipality within the

16  5-year and 10-year timeframes.

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

18  report, each exempt municipality shall assess the extent to

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

20  163.3177(12) subsection (7). If the municipality continues to

21  meet these criteria and the district school board verifies in

22  writing that no new school facilities will be needed within

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

24  continue to be exempt from the interlocal-agreement

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

26  subsection (7) must comply with the provisions of subsections

27  (2)-(8) within 1 year after the district school board

28  proposes, in its 5-year district facilities work program, a

29  new school within the municipality's jurisdiction.

30         Section 19.  Subsection (2) of section 206.46, Florida

31  Statutes, is amended to read:


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 1         206.46  State Transportation Trust Fund.--

 2         (2)  Notwithstanding any other provisions of law, from

 3  the revenues deposited into the State Transportation Trust

 4  Fund a maximum of 7 percent in each fiscal year shall be

 5  transferred into the Right-of-Way Acquisition and Bridge

 6  Construction Trust Fund created in s. 215.605, as needed to

 7  meet the requirements of the documents authorizing the bonds

 8  issued or proposed to be issued under ss. 215.605 and 337.276

 9  or at a minimum amount sufficient to pay for the debt service

10  coverage requirements of outstanding bonds. Notwithstanding

11  the 7 percent annual transfer authorized in this subsection,

12  the annual amount transferred under this subsection shall not

13  exceed an amount necessary to provide the required debt

14  service coverage levels for a maximum debt service not to

15  exceed $275 $200 million.  Such transfer shall be payable

16  primarily from the motor and diesel fuel taxes transferred to

17  the State Transportation Trust Fund from the Fuel Tax

18  Collection Trust Fund.

19         Section 20.  Subsection (1) of section 339.08, Florida

20  Statutes, is amended to read:

21         339.08  Use of moneys in State Transportation Trust

22  Fund.--

23         (1)  The department shall expend moneys in the State

24  Transportation Trust Fund accruing to the department, in

25  accordance with its annual budget. The use of such moneys

26  shall be restricted to the following purposes:

27         (a)  To pay administrative expenses of the department,

28  including administrative expenses incurred by the several

29  state transportation districts, but excluding administrative

30  expenses of commuter rail authorities that do not operate rail

31  service.


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 1         (b)  To pay the cost of construction of the State

 2  Highway System.

 3         (c)  To pay the cost of maintaining the State Highway

 4  System.

 5         (d)  To pay the cost of public transportation projects

 6  in accordance with chapter 341 and ss. 332.003-332.007.

 7         (e)  To reimburse counties or municipalities for

 8  expenditures made on projects in the State Highway System as

 9  authorized by s. 339.12(4) upon legislative approval.

10         (f)  To pay the cost of economic development

11  transportation projects in accordance with s. 288.063.

12         (g)  To lend or pay a portion of the operating,

13  maintenance, and capital costs of a revenue-producing

14  transportation project that is located on the State Highway

15  System or that is demonstrated to relieve traffic congestion

16  on the State Highway System.

17         (h)  To match any federal-aid funds allocated for any

18  other transportation purpose, including funds allocated to

19  projects not located in the State Highway System.

20         (i)  To pay the cost of county road projects selected

21  in accordance with the Small County Road Assistance Program

22  created in s. 339.2816.

23         (j)  To pay the cost of county or municipal road

24  projects selected in accordance with the County Incentive

25  Grant Program created in s. 339.2817 and the Small County

26  Outreach Program created in s. 339.2818.

27         (k)  To provide loans and credit enhancements for use

28  in constructing and improving highway transportation

29  facilities selected in accordance with the state-funded

30  infrastructure bank created in s. 339.55.

31  


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 1         (l)  To pay the cost of projects on the Florida

 2  Strategic Intermodal System created in s. 339.61.

 3         (m)  To pay the cost of transportation projects

 4  selected in accordance with the Transportation Regional

 5  Incentive Program created in s. 339.2819.

 6         (n)(m)  To pay other lawful expenditures of the

 7  department.

 8         Section 21.  Paragraphs (c), (d), and (e) are added to

 9  subsection (5) of section 339.155, Florida Statutes, to read:

10         339.155  Transportation planning.--

11         (5)  ADDITIONAL TRANSPORTATION PLANS.--

12         (c)  Regional transportation plans may be developed in

13  regional transportation areas in accordance with an interlocal

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

15  contiguous metropolitan planning organizations; one or more

16  metropolitan planning organizations and one or more contiguous

17  counties, none of which is a member of a metropolitan planning

18  organization; a multicounty regional transportation authority

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

20  that are not members of a metropolitan planning organization;

21  or metropolitan planning organizations comprised of three or

22  more counties.

23         (d)  The interlocal agreement must, at a minimum,

24  identify the entity that will coordinate the development of

25  the regional transportation plan; delineate the boundaries of

26  the regional transportation area; provide the duration of the

27  agreement and specify how the agreement may be terminated,

28  modified, or rescinded; describe the process by which the

29  regional transportation plan will be developed; and provide

30  how members of the entity will resolve disagreements regarding

31  interpretation of the interlocal agreement or disputes


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 1  relating to the development or content of the regional

 2  transportation plan. Such interlocal agreement shall become

 3  effective upon its recordation in the official public records

 4  of each county in the regional transportation area.

 5         (e)  The regional transportation plan developed

 6  pursuant to this section must, at a minimum, identify

 7  regionally significant transportation facilities located

 8  within a regional transportation area and contain a

 9  prioritized list of regionally significant projects. The

10  level-of-service standards for facilities to be funded under

11  this subsection shall be adopted by the appropriate local

12  government in accordance with s. 163.3180(10). The projects

13  shall be adopted into the capital improvements schedule of the

14  local government comprehensive plan pursuant to s.

15  163.3177(3).

16         Section 22.  Section 339.175, Florida Statutes, is

17  amended to read:

18         339.175  Metropolitan planning organization.--It is the

19  intent of the Legislature to encourage and promote the safe

20  and efficient management, operation, and development of

21  surface transportation systems that will serve the mobility

22  needs of people and freight within and through urbanized areas

23  of this state while minimizing transportation-related fuel

24  consumption and air pollution. To accomplish these objectives,

25  metropolitan planning organizations, referred to in this

26  section as M.P.O.'s, shall develop, in cooperation with the

27  state and public transit operators, transportation plans and

28  programs for metropolitan areas. The plans and programs for

29  each metropolitan area must provide for the development and

30  integrated management and operation of transportation systems

31  and facilities, including pedestrian walkways and bicycle


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 1  transportation facilities that will function as an intermodal

 2  transportation system for the metropolitan area, based upon

 3  the prevailing principles provided in s. 334.046(1). The

 4  process for developing such plans and programs shall provide

 5  for consideration of all modes of transportation and shall be

 6  continuing, cooperative, and comprehensive, to the degree

 7  appropriate, based on the complexity of the transportation

 8  problems to be addressed. To ensure that the process is

 9  integrated with the statewide planning process, M.P.O.'s shall

10  develop plans and programs that identify transportation

11  facilities that should function as an integrated metropolitan

12  transportation system, giving emphasis to facilities that

13  serve important national, state, and regional transportation

14  functions. For the purposes of this section, those facilities

15  include the facilities on the Strategic Intermodal System

16  designated under s. 339.63 and facilities for which projects

17  have been identified pursuant to s. 339.2819(4).

18         (1)  DESIGNATION.--

19         (a)1.  An M.P.O. shall be designated for each urbanized

20  area of the state; however, this does not require that an

21  individual M.P.O. be designated for each such area.  Such

22  designation shall be accomplished by agreement between the

23  Governor and units of general-purpose local government

24  representing at least 75 percent of the population of the

25  urbanized area; however, the unit of general-purpose local

26  government that represents the central city or cities within

27  the M.P.O. jurisdiction, as defined by the United States

28  Bureau of the Census, must be a party to such agreement.

29         2.  More than one M.P.O. may be designated within an

30  existing metropolitan planning area only if the Governor and

31  the existing M.P.O. determine that the size and complexity of


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 1  the existing metropolitan planning area makes the designation

 2  of more than one M.P.O. for the area appropriate.

 3         (b)  Each M.P.O. shall be created and operated under

 4  the provisions of this section pursuant to an interlocal

 5  agreement entered into pursuant to s. 163.01.  The signatories

 6  to the interlocal agreement shall be the department and the

 7  governmental entities designated by the Governor for

 8  membership on the M.P.O. If there is a conflict between this

 9  section and s. 163.01, this section prevails.

10         (c)  The jurisdictional boundaries of an M.P.O. shall

11  be determined by agreement between the Governor and the

12  applicable M.P.O.  The boundaries must include at least the

13  metropolitan planning area, which is the existing urbanized

14  area and the contiguous area expected to become urbanized

15  within a 20-year forecast period, and may encompass the entire

16  metropolitan statistical area or the consolidated metropolitan

17  statistical area.

18         (d)  In the case of an urbanized area designated as a

19  nonattainment area for ozone or carbon monoxide under the

20  Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of

21  the metropolitan planning area in existence as of the date of

22  enactment of this paragraph shall be retained, except that the

23  boundaries may be adjusted by agreement of the Governor and

24  affected metropolitan planning organizations in the manner

25  described in this section. If more than one M.P.O. has

26  authority within a metropolitan area or an area that is

27  designated as a nonattainment area, each M.P.O. shall consult

28  with other M.P.O.'s designated for such area and with the

29  state in the coordination of plans and programs required by

30  this section.

31  


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 1  Each M.P.O. required under this section must be fully

 2  operative no later than 6 months following its designation.

 3         (2)  VOTING MEMBERSHIP.--

 4         (a)  The voting membership of an M.P.O. shall consist

 5  of not fewer than 5 or more than 19 apportioned members, the

 6  exact number to be determined on an equitable

 7  geographic-population ratio basis by the Governor, based on an

 8  agreement among the affected units of general-purpose local

 9  government as required by federal rules and regulations. The

10  Governor, in accordance with 23 U.S.C. s. 134, may also

11  provide for M.P.O. members who represent municipalities to

12  alternate with representatives from other municipalities

13  within the metropolitan planning area that do not have members

14  on the M.P.O. County commission members shall compose not less

15  than one-third of the M.P.O. membership, except for an M.P.O.

16  with more than 15 members located in a county with a

17  five-member county commission or an M.P.O. with 19 members

18  located in a county with no more than 6 county commissioners,

19  in which case county commission members may compose less than

20  one-third percent of the M.P.O. membership, but all county

21  commissioners must be members. All voting members shall be

22  elected officials of general-purpose governments, except that

23  an M.P.O. may include, as part of its apportioned voting

24  members, a member of a statutorily authorized planning board,

25  an official of an agency that operates or administers a major

26  mode of transportation, or an official of the Florida Space

27  Authority. The county commission shall compose not less than

28  20 percent of the M.P.O. membership if an official of an

29  agency that operates or administers a major mode of

30  transportation has been appointed to an M.P.O.

31  


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 1         (b)  In metropolitan areas in which authorities or

 2  other agencies have been or may be created by law to perform

 3  transportation functions and are performing transportation

 4  functions that are not under the jurisdiction of a general

 5  purpose local government represented on the M.P.O., they shall

 6  be provided voting membership on the M.P.O. In all other

 7  M.P.O.'s where transportation authorities or agencies are to

 8  be represented by elected officials from general purpose local

 9  governments, the M.P.O. shall establish a process by which the

10  collective interests of such authorities or other agencies are

11  expressed and conveyed.

12         (c)  Any other provision of this section to the

13  contrary notwithstanding, a chartered county with over 1

14  million population may elect to reapportion the membership of

15  an M.P.O. whose jurisdiction is wholly within the county. The

16  charter county may exercise the provisions of this paragraph

17  if:

18         1.  The M.P.O. approves the reapportionment plan by a

19  three-fourths vote of its membership;

20         2.  The M.P.O. and the charter county determine that

21  the reapportionment plan is needed to fulfill specific goals

22  and policies applicable to that metropolitan planning area;

23  and

24         3.  The charter county determines the reapportionment

25  plan otherwise complies with all federal requirements

26  pertaining to M.P.O. membership.

27  

28  Any charter county that elects to exercise the provisions of

29  this paragraph shall notify the Governor in writing.

30         (d)  Any other provision of this section to the

31  contrary notwithstanding, any county chartered under s. 6(e),


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 1  Art. VIII of the State Constitution may elect to have its

 2  county commission serve as the M.P.O., if the M.P.O.

 3  jurisdiction is wholly contained within the county.  Any

 4  charter county that elects to exercise the provisions of this

 5  paragraph shall so notify the Governor in writing.  Upon

 6  receipt of such notification, the Governor must designate the

 7  county commission as the M.P.O.  The Governor must appoint

 8  four additional voting members to the M.P.O., one of whom must

 9  be an elected official representing a municipality within the

10  county, one of whom must be an expressway authority member,

11  one of whom must be a person who does not hold elected public

12  office and who resides in the unincorporated portion of the

13  county, and one of whom must be a school board member.

14         (3)  APPORTIONMENT.--

15         (a)  The Governor shall, with the agreement of the

16  affected units of general-purpose local government as required

17  by federal rules and regulations, apportion the membership on

18  the applicable M.P.O. among the various governmental entities

19  within the area and shall prescribe a method for appointing

20  alternate members who may vote at any M.P.O. meeting that an

21  alternate member attends in place of a regular member.  An

22  appointed alternate member must be an elected official serving

23  the same governmental entity or a general-purpose local

24  government with jurisdiction within all or part of the area

25  that the regular member serves.  The governmental entity so

26  designated shall appoint the appropriate number of members to

27  the M.P.O. from eligible officials.  Representatives of the

28  department shall serve as nonvoting members of the M.P.O.

29  Nonvoting advisers may be appointed by the M.P.O. as deemed

30  necessary.  The Governor shall review the composition of the

31  M.P.O. membership in conjunction with the decennial census as


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 1  prepared by the United States Department of Commerce, Bureau

 2  of the Census, and reapportion it as necessary to comply with

 3  subsection (2).

 4         (b)  Except for members who represent municipalities on

 5  the basis of alternating with representatives from other

 6  municipalities that do not have members on the M.P.O. as

 7  provided in paragraph (2)(a), the members of an M.P.O. shall

 8  serve 4-year terms. 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) may serve terms of up to 4 years

12  as further provided in the interlocal agreement described in

13  paragraph (1)(b). The membership of a member who is a public

14  official automatically terminates upon the member's leaving

15  his or her elective or appointive office for any reason, or

16  may be terminated by a majority vote of the total membership

17  of a county or city governing entity represented by the

18  member.  A vacancy shall be filled by the original appointing

19  entity.  A member may be reappointed for one or more

20  additional 4-year terms.

21         (c)  If a governmental entity fails to fill an assigned

22  appointment to an M.P.O. within 60 days after notification by

23  the Governor of its duty to appoint, that appointment shall be

24  made by the Governor from the eligible representatives of that

25  governmental entity.

26         (4)  AUTHORITY AND RESPONSIBILITY.--The authority and

27  responsibility of an M.P.O. is to manage a continuing,

28  cooperative, and comprehensive transportation planning process

29  that, based upon the prevailing principles provided in s.

30  334.046(1), results in the development of plans and programs

31  which are consistent, to the maximum extent feasible, with the


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 1  approved local government comprehensive plans of the units of

 2  local government the boundaries of which are within the

 3  metropolitan area of the M.P.O.  An M.P.O. shall be the forum

 4  for cooperative decisionmaking by officials of the affected

 5  governmental entities in the development of the plans and

 6  programs required by subsections (5), (6), (7), and (8).

 7         (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,

 8  privileges, and authority of an M.P.O. are those specified in

 9  this section or incorporated in an interlocal agreement

10  authorized under s. 163.01.  Each M.P.O. shall perform all

11  acts required by federal or state laws or rules, now and

12  subsequently applicable, which are necessary to qualify for

13  federal aid. It is the intent of this section that each M.P.O.

14  shall be involved in the planning and programming of

15  transportation facilities, including, but not limited to,

16  airports, intercity and high-speed rail lines, seaports, and

17  intermodal facilities, to the extent permitted by state or

18  federal law.

19         (a)  Each M.P.O. shall, in cooperation with the

20  department, develop:

21         1.  A long-range transportation plan pursuant to the

22  requirements of subsection (6);

23         2.  An annually updated transportation improvement

24  program pursuant to the requirements of subsection (7); and

25         3.  An annual unified planning work program pursuant to

26  the requirements of subsection (8).

27         (b)  In developing the long-range transportation plan

28  and the transportation improvement program required under

29  paragraph (a), each M.P.O. shall provide for consideration of

30  projects and strategies that will:

31  


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 1         1.  Support the economic vitality of the metropolitan

 2  area, especially by enabling global competitiveness,

 3  productivity, and efficiency;

 4         2.  Increase the safety and security of the

 5  transportation system for motorized and nonmotorized users;

 6         3.  Increase the accessibility and mobility options

 7  available to people and for freight;

 8         4.  Protect and enhance the environment, promote energy

 9  conservation, and improve quality of life;

10         5.  Enhance the integration and connectivity of the

11  transportation system, across and between modes, for people

12  and freight;

13         6.  Promote efficient system management and operation;

14  and

15         7.  Emphasize the preservation of the existing

16  transportation system.

17         (c)  In order to provide recommendations to the

18  department and local governmental entities regarding

19  transportation plans and programs, each M.P.O. shall:

20         1.  Prepare a congestion management system for the

21  metropolitan area and cooperate with the department in the

22  development of all other transportation management systems

23  required by state or federal law;

24         2.  Assist the department in mapping transportation

25  planning boundaries required by state or federal law;

26         3.  Assist the department in performing its duties

27  relating to access management, functional classification of

28  roads, and data collection;

29         4.  Execute all agreements or certifications necessary

30  to comply with applicable state or federal law;

31  


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 1         5.  Represent all the jurisdictional areas within the

 2  metropolitan area in the formulation of transportation plans

 3  and programs required by this section; and

 4         6.  Perform all other duties required by state or

 5  federal law.

 6         (d)  Each M.P.O. shall appoint a technical advisory

 7  committee that includes planners; engineers; representatives

 8  of local aviation authorities, port authorities, and public

 9  transit authorities or representatives of aviation

10  departments, seaport departments, and public transit

11  departments of municipal or county governments, as applicable;

12  the school superintendent of each county within the

13  jurisdiction of the M.P.O. or the superintendent's designee;

14  and other appropriate representatives of affected local

15  governments. In addition to any other duties assigned to it by

16  the M.P.O. or by state or federal law, the technical advisory

17  committee is responsible for considering safe access to

18  schools in its review of transportation project priorities,

19  long-range transportation plans, and transportation

20  improvement programs, and shall advise the M.P.O. on such

21  matters. In addition, the technical advisory committee shall

22  coordinate its actions with local school boards and other

23  local programs and organizations within the metropolitan area

24  which participate in school safety activities, such as locally

25  established community traffic safety teams. Local school

26  boards must provide the appropriate M.P.O. with information

27  concerning future school sites and in the coordination of

28  transportation service.

29         (e)1.  Each M.P.O. shall appoint a citizens' advisory

30  committee, the members of which serve at the pleasure of the

31  M.P.O. The membership on the citizens' advisory committee must


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 1  reflect a broad cross section of local residents with an

 2  interest in the development of an efficient, safe, and

 3  cost-effective transportation system. Minorities, the elderly,

 4  and the handicapped must be adequately represented.

 5         2.  Notwithstanding the provisions of subparagraph 1.,

 6  an M.P.O. may, with the approval of the department and the

 7  applicable federal governmental agency, adopt an alternative

 8  program or mechanism to ensure citizen involvement in the

 9  transportation planning process.

10         (f)  The department shall allocate to each M.P.O., for

11  the purpose of accomplishing its transportation planning and

12  programming duties, an appropriate amount of federal

13  transportation planning funds.

14         (g)  Each M.P.O. may employ personnel or may enter into

15  contracts with local or state agencies, private planning

16  firms, or private engineering firms to accomplish its

17  transportation planning and programming duties required by

18  state or federal law.

19         (h)  A chair's coordinating committee is created,

20  composed of the M.P.O.'s serving Hernando, Hillsborough,

21  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The

22  committee must, at a minimum:

23         1.  Coordinate transportation projects deemed to be

24  regionally significant by the committee.

25         2.  Review the impact of regionally significant land

26  use decisions on the region.

27         3.  Review all proposed regionally significant

28  transportation projects in the respective transportation

29  improvement programs which affect more than one of the

30  M.P.O.'s represented on the committee.

31  


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 1         4.  Institute a conflict resolution process to address

 2  any conflict that may arise in the planning and programming of

 3  such regionally significant projects.

 4         (i)1.  The Legislature finds that the state's rapid

 5  growth in recent decades has caused many urbanized areas

 6  subject to M.P.O. jurisdiction to become contiguous to each

 7  other. As a result, various transportation projects may cross

 8  from the jurisdiction of one M.P.O. into the jurisdiction of

 9  another M.P.O. To more fully accomplish the purposes for which

10  M.P.O.'s have been mandated, M.P.O.'s shall develop

11  coordination mechanisms with one another to expand and improve

12  transportation within the state. The appropriate method of

13  coordination between M.P.O.'s shall vary depending upon the

14  project involved and given local and regional needs.

15  Consequently, it is appropriate to set forth a flexible

16  methodology that can be used by M.P.O.'s to coordinate with

17  other M.P.O.'s and appropriate political subdivisions as

18  circumstances demand.

19         2.  Any M.P.O. may join with any other M.P.O. or any

20  individual political subdivision to coordinate activities or

21  to achieve any federal or state transportation planning or

22  development goals or purposes consistent with federal or state

23  law. When an M.P.O. determines that it is appropriate to join

24  with another M.P.O. or any political subdivision to coordinate

25  activities, the M.P.O. or political subdivision shall enter

26  into an interlocal agreement pursuant to s. 163.01, which, at

27  a minimum, creates a separate legal or administrative entity

28  to coordinate the transportation planning or development

29  activities required to achieve the goal or purpose; provide

30  the purpose for which the entity is created; provide the

31  duration of the agreement and the entity, and specify how the


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 1  agreement may be terminated, modified, or rescinded; describe

 2  the precise organization of the entity, including who has

 3  voting rights on the governing board, whether alternative

 4  voting members are provided for, how voting members are

 5  appointed, and what the relative voting strength is for each

 6  constituent M.P.O. or political subdivision; provide the

 7  manner in which the parties to the agreement will provide for

 8  the financial support of the entity and payment of costs and

 9  expenses of the entity; provide the manner in which funds may

10  be paid to and disbursed from the entity; and provide how

11  members of the entity will resolve disagreements regarding

12  interpretation of the interlocal agreement or disputes

13  relating to the operation of the entity. Such interlocal

14  agreement shall become effective upon its recordation in the

15  official public records of each county in which a member of

16  the entity created by the interlocal agreement has a voting

17  member. This paragraph does not require any M.P.O.'s to merge,

18  combine, or otherwise join together as a single M.P.O.

19         (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must

20  develop a long-range transportation plan that addresses at

21  least a 20-year planning horizon. The plan must include both

22  long-range and short-range strategies and must comply with all

23  other state and federal requirements. The prevailing

24  principles to be considered in the long-range transportation

25  plan are: preserving the existing transportation

26  infrastructure; enhancing Florida's economic competitiveness;

27  and improving travel choices to ensure mobility. The

28  long-range transportation plan must be consistent, to the

29  maximum extent feasible, with future land use elements and the

30  goals, objectives, and policies of the approved local

31  government comprehensive plans of the units of local


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 1  government located within the jurisdiction of the M.P.O. The

 2  approved long-range transportation plan must be considered by

 3  local governments in the development of the transportation

 4  elements in local government comprehensive plans and any

 5  amendments thereto. The long-range transportation plan must,

 6  at a minimum:

 7         (a)  Identify transportation facilities, including, but

 8  not limited to, major roadways, airports, seaports,

 9  spaceports, commuter rail systems, transit systems, and

10  intermodal or multimodal terminals that will function as an

11  integrated metropolitan transportation system.  The long-range

12  transportation plan must give emphasis to those transportation

13  facilities that serve national, statewide, or regional

14  functions, and must consider the goals and objectives

15  identified in the Florida Transportation Plan as provided in

16  s. 339.155. If a project is located within the boundaries of

17  more than one M.P.O., the M.P.O.'s must coordinate plans

18  regarding the project in the long-range transportation plan.

19         (b)  Include a financial plan that demonstrates how the

20  plan can be implemented, indicating resources from public and

21  private sources which are reasonably expected to be available

22  to carry out the plan, and recommends any additional financing

23  strategies for needed projects and programs. The financial

24  plan may include, for illustrative purposes, additional

25  projects that would be included in the adopted long-range

26  transportation plan if reasonable additional resources beyond

27  those identified in the financial plan were available. For the

28  purpose of developing the long-range transportation plan, the

29  M.P.O. and the department shall cooperatively develop

30  estimates of funds that will be available to support the plan

31  implementation. Innovative financing techniques may be used to


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 1  fund needed projects and programs.  Such techniques may

 2  include the assessment of tolls, the use of value capture

 3  financing, or the use of value pricing.

 4         (c)  Assess capital investment and other measures

 5  necessary to:

 6         1.  Ensure the preservation of the existing

 7  metropolitan transportation system including requirements for

 8  the operation, resurfacing, restoration, and rehabilitation of

 9  major roadways and requirements for the operation,

10  maintenance, modernization, and rehabilitation of public

11  transportation facilities; and

12         2.  Make the most efficient use of existing

13  transportation facilities to relieve vehicular congestion and

14  maximize the mobility of people and goods.

15         (d)  Indicate, as appropriate, proposed transportation

16  enhancement activities, including, but not limited to,

17  pedestrian and bicycle facilities, scenic easements,

18  landscaping, historic preservation, mitigation of water

19  pollution due to highway runoff, and control of outdoor

20  advertising.

21         (e)  In addition to the requirements of paragraphs

22  (a)-(d), in metropolitan areas that are classified as

23  nonattainment areas for ozone or carbon monoxide, the M.P.O.

24  must coordinate the development of the long-range

25  transportation plan with the State Implementation Plan

26  developed pursuant to the requirements of the federal Clean

27  Air Act.

28  

29  In the development of its long-range transportation plan, each

30  M.P.O. must provide the public, affected public agencies,

31  representatives of transportation agency employees, freight


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 1  shippers, providers of freight transportation services,

 2  private providers of transportation, representatives of users

 3  of public transit, and other interested parties with a

 4  reasonable opportunity to comment on the long-range

 5  transportation plan. The long-range transportation plan must

 6  be approved by the M.P.O.

 7         (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.

 8  shall, in cooperation with the state and affected public

 9  transportation operators, develop a transportation improvement

10  program for the area within the jurisdiction of the M.P.O.  In

11  the development of the transportation improvement program,

12  each M.P.O. must provide the public, affected public agencies,

13  representatives of transportation agency employees, freight

14  shippers, providers of freight transportation services,

15  private providers of transportation, representatives of users

16  of public transit, and other interested parties with a

17  reasonable opportunity to comment on the proposed

18  transportation improvement program.

19         (a)  Each M.P.O. is responsible for developing,

20  annually, a list of project priorities and a transportation

21  improvement program. The prevailing principles to be

22  considered by each M.P.O. when developing a list of project

23  priorities and a transportation improvement program are:

24  preserving the existing transportation infrastructure;

25  enhancing Florida's economic competitiveness; and improving

26  travel choices to ensure mobility. The transportation

27  improvement program will be used to initiate federally aided

28  transportation facilities and improvements as well as other

29  transportation facilities and improvements including transit,

30  rail, aviation, spaceport, and port facilities to be funded

31  from the State Transportation Trust Fund within its


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 1  metropolitan area in accordance with existing and subsequent

 2  federal and state laws and rules and regulations related

 3  thereto. The transportation improvement program shall be

 4  consistent, to the maximum extent feasible, with the approved

 5  local government comprehensive plans of the units of local

 6  government whose boundaries are within the metropolitan area

 7  of the M.P.O. and include those projects programmed pursuant

 8  to s. 339.2819(4).

 9         (b)  Each M.P.O. annually shall prepare a list of

10  project priorities and shall submit the list to the

11  appropriate district of the department by October 1 of each

12  year; however, the department and a metropolitan planning

13  organization may, in writing, agree to vary this submittal

14  date. The list of project priorities must be formally reviewed

15  by the technical and citizens' advisory committees, and

16  approved by the M.P.O., before it is transmitted to the

17  district. The approved list of project priorities must be used

18  by the district in developing the district work program and

19  must be used by the M.P.O. in developing its transportation

20  improvement program. The annual list of project priorities

21  must be based upon project selection criteria that, at a

22  minimum, consider the following:

23         1.  The approved M.P.O. long-range transportation plan;

24         2.  The Strategic Intermodal System Plan developed

25  under s. 339.64.

26         3.  The priorities developed pursuant to s.

27  339.2819(4).

28         4.3.  The results of the transportation management

29  systems; and

30         5.4.  The M.P.O.'s public-involvement procedures.

31  


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 1         (c)  The transportation improvement program must, at a

 2  minimum:

 3         1.  Include projects and project phases to be funded

 4  with state or federal funds within the time period of the

 5  transportation improvement program and which are recommended

 6  for advancement during the next fiscal year and 4 subsequent

 7  fiscal years.  Such projects and project phases must be

 8  consistent, to the maximum extent feasible, with the approved

 9  local government comprehensive plans of the units of local

10  government located within the jurisdiction of the M.P.O.  For

11  informational purposes, the transportation improvement program

12  shall also include a list of projects to be funded from local

13  or private revenues.

14         2.  Include projects within the metropolitan area which

15  are proposed for funding under 23 U.S.C. s. 134 of the Federal

16  Transit Act and which are consistent with the long-range

17  transportation plan developed under subsection (6).

18         3.  Provide a financial plan that demonstrates how the

19  transportation improvement program can be implemented;

20  indicates the resources, both public and private, that are

21  reasonably expected to be available to accomplish the program;

22  identifies any innovative financing techniques that may be

23  used to fund needed projects and programs; and may include,

24  for illustrative purposes, additional projects that would be

25  included in the approved transportation improvement program if

26  reasonable additional resources beyond those identified in the

27  financial plan were available. Innovative financing techniques

28  may include the assessment of tolls, the use of value capture

29  financing, or the use of value pricing.  The transportation

30  improvement program may include a project or project phase

31  only if full funding can reasonably be anticipated to be


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 1  available for the project or project phase within the time

 2  period contemplated for completion of the project or project

 3  phase.

 4         4.  Group projects and project phases of similar

 5  urgency and anticipated staging into appropriate staging

 6  periods.

 7         5.  Indicate how the transportation improvement program

 8  relates to the long-range transportation plan developed under

 9  subsection (6), including providing examples of specific

10  projects or project phases that further the goals and policies

11  of the long-range transportation plan.

12         6.  Indicate whether any project or project phase is

13  inconsistent with an approved comprehensive plan of a unit of

14  local government located within the jurisdiction of the M.P.O.

15  If a project is inconsistent with an affected comprehensive

16  plan, the M.P.O. must provide justification for including the

17  project in the transportation improvement program.

18         7.  Indicate how the improvements are consistent, to

19  the maximum extent feasible, with affected seaport, airport,

20  and spaceport master plans and with public transit development

21  plans of the units of local government located within the

22  jurisdiction of the M.P.O. If a project is located within the

23  boundaries of more than one M.P.O., the M.P.O.'s must

24  coordinate plans regarding the project in the transportation

25  improvement program.

26         (d)  Projects included in the transportation

27  improvement program and that have advanced to the design stage

28  of preliminary engineering may be removed from or rescheduled

29  in a subsequent transportation improvement program only by the

30  joint action of the M.P.O. and the department. Except when

31  recommended in writing by the district secretary for good


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 1  cause, any project removed from or rescheduled in a subsequent

 2  transportation improvement program shall not be rescheduled by

 3  the M.P.O. in that subsequent program earlier than the 5th

 4  year of such program.

 5         (e)  During the development of the transportation

 6  improvement program, the M.P.O. shall, in cooperation with the

 7  department and any affected public transit operation, provide

 8  citizens, affected public agencies, representatives of

 9  transportation agency employees, freight shippers, providers

10  of freight transportation services, private providers of

11  transportation, representatives of users of public transit,

12  and other interested parties with reasonable notice of and an

13  opportunity to comment on the proposed program.

14         (f)  The adopted annual transportation improvement

15  program for M.P.O.'s in nonattainment or maintenance areas

16  must be submitted to the district secretary and the Department

17  of Community Affairs at least 90 days before the submission of

18  the state transportation improvement program by the department

19  to the appropriate federal agencies. The annual transportation

20  improvement program for M.P.O.'s in attainment areas must be

21  submitted to the district secretary and the Department of

22  Community Affairs at least 45 days before the department

23  submits the state transportation improvement program to the

24  appropriate federal agencies; however, the department, the

25  Department of Community Affairs, and a metropolitan planning

26  organization may, in writing, agree to vary this submittal

27  date.  The Governor or the Governor's designee shall review

28  and approve each transportation improvement program and any

29  amendments thereto.

30         (g)  The Department of Community Affairs shall review

31  the annual transportation improvement program of each M.P.O.


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 1  for consistency with the approved local government

 2  comprehensive plans of the units of local government whose

 3  boundaries are within the metropolitan area of each M.P.O. and

 4  shall identify those projects that are inconsistent with such

 5  comprehensive plans. The Department of Community Affairs shall

 6  notify an M.P.O. of any transportation projects contained in

 7  its transportation improvement program which are inconsistent

 8  with the approved local government comprehensive plans of the

 9  units of local government whose boundaries are within the

10  metropolitan area of the M.P.O.

11         (h)  The M.P.O. shall annually publish or otherwise

12  make available for public review the annual listing of

13  projects for which federal funds have been obligated in the

14  preceding year. Project monitoring systems must be maintained

15  by those agencies responsible for obligating federal funds and

16  made accessible to the M.P.O.'s.

17         (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall

18  develop, in cooperation with the department and public

19  transportation providers, a unified planning work program that

20  lists all planning tasks to be undertaken during the program

21  year. The unified planning work program must provide a

22  complete description of each planning task and an estimated

23  budget therefor and must comply with applicable state and

24  federal law.

25         (9)  AGREEMENTS.--

26         (a)  Each M.P.O. shall execute the following written

27  agreements, which shall be reviewed, and updated as necessary,

28  every 5 years:

29         1.  An agreement with the department clearly

30  establishing the cooperative relationship essential to

31  


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 1  accomplish the transportation planning requirements of state

 2  and federal law.

 3         2.  An agreement with the metropolitan and regional

 4  intergovernmental coordination and review agencies serving the

 5  metropolitan areas, specifying the means by which activities

 6  will be coordinated and how transportation planning and

 7  programming will be part of the comprehensive planned

 8  development of the area.

 9         3.  An agreement with operators of public

10  transportation systems, including transit systems, commuter

11  rail systems, airports, seaports, and spaceports, describing

12  the means by which activities will be coordinated and

13  specifying how public transit, commuter rail, aviation,

14  seaport, and aerospace planning and programming will be part

15  of the comprehensive planned development of the metropolitan

16  area.

17         (b)  An M.P.O. may execute other agreements required by

18  state or federal law or as necessary to properly accomplish

19  its functions.

20         (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY

21  COUNCIL.--

22         (a)  A Metropolitan Planning Organization Advisory

23  Council is created to augment, and not supplant, the role of

24  the individual M.P.O.'s in the cooperative transportation

25  planning process described in this section.

26         (b)  The council shall consist of one representative

27  from each M.P.O. and shall elect a chairperson annually from

28  its number.  Each M.P.O. shall also elect an alternate

29  representative from each M.P.O. to vote in the absence of the

30  representative. Members of the council do not receive any

31  compensation for their services, but may be reimbursed from


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 1  funds made available to council members for travel and per

 2  diem expenses incurred in the performance of their council

 3  duties as provided in s. 112.061.

 4         (c)  The powers and duties of the Metropolitan Planning

 5  Organization Advisory Council are to:

 6         1.  Enter into contracts with individuals, private

 7  corporations, and public agencies.

 8         2.  Acquire, own, operate, maintain, sell, or lease

 9  personal property essential for the conduct of business.

10         3.  Accept funds, grants, assistance, gifts, or

11  bequests from private, local, state, or federal sources.

12         4.  Establish bylaws and adopt rules pursuant to ss.

13  120.536(1) and 120.54 to implement provisions of law

14  conferring powers or duties upon it.

15         5.  Assist M.P.O.'s in carrying out the urbanized area

16  transportation planning process by serving as the principal

17  forum for collective policy discussion pursuant to law.

18         6.  Serve as a clearinghouse for review and comment by

19  M.P.O.'s on the Florida Transportation Plan and on other

20  issues required to comply with federal or state law in

21  carrying out the urbanized area transportation and systematic

22  planning processes instituted pursuant to s. 339.155.

23         7.  Employ an executive director and such other staff

24  as necessary to perform adequately the functions of the

25  council, within budgetary limitations. The executive director

26  and staff are exempt from part II of chapter 110 and serve at

27  the direction and control of the council.  The council is

28  assigned to the Office of the Secretary of the Department of

29  Transportation for fiscal and accountability purposes, but it

30  shall otherwise function independently of the control and

31  direction of the department.


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 1         8.  Adopt an agency strategic plan that provides the

 2  priority directions the agency will take to carry out its

 3  mission within the context of the state comprehensive plan and

 4  any other statutory mandates and directions given to the

 5  agency.

 6         (11)  APPLICATION OF FEDERAL LAW.--Upon notification by

 7  an agency of the Federal Government that any provision of this

 8  section conflicts with federal laws or regulations, such

 9  federal laws or regulations will take precedence to the extent

10  of the conflict until such conflict is resolved.  The

11  department or an M.P.O. may take any necessary action to

12  comply with such federal laws and regulations or to continue

13  to remain eligible to receive federal funds.

14         Section 23.  Section 339.55, Florida Statutes, is

15  amended to read:

16         339.55  State-funded infrastructure bank.--

17         (1)  There is created within the Department of

18  Transportation a state-funded infrastructure bank for the

19  purpose of providing loans and credit enhancements to

20  government units and private entities for use in constructing

21  and improving transportation facilities.

22         (2)  The bank may lend capital costs or provide credit

23  enhancements for:

24         (a)  A transportation facility project that is on the

25  State Highway System or that provides for increased mobility

26  on the state's transportation system or provides intermodal

27  connectivity with airports, seaports, rail facilities, and

28  other transportation terminals, pursuant to s. 341.053, for

29  the movement of people and goods.

30         (b)  Projects of the Transportation Regional Incentive

31  Program which are identified pursuant to s. 339.2819(4).


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 1         (3)  Loans from the bank may be subordinated to senior

 2  project debt that has an investment grade rating of "BBB" or

 3  higher.

 4         (4)(3)  Loans from the bank may bear interest at or

 5  below market interest rates, as determined by the department.

 6  Repayment of any loan from the bank shall commence not later

 7  than 5 years after the project has been completed or, in the

 8  case of a highway project, the facility has opened to traffic,

 9  whichever is later, and shall be repaid in no more than 30

10  years.

11         (5)(4)  Except as provided in s. 339.137, To be

12  eligible for consideration, projects must be consistent, to

13  the maximum extent feasible, with local metropolitan planning

14  organization plans and local government comprehensive plans

15  and must provide a dedicated repayment source to ensure the

16  loan is repaid to the bank.

17         (6)  Funding awarded for projects under paragraph

18  (2)(b) must be matched by a minimum of 25 percent from funds

19  other than the state-funded infrastructure bank loan.

20         (7)(5)  The department may consider, but is not limited

21  to, the following criteria for evaluation of projects for

22  assistance from the bank:

23         (a)  The credit worthiness of the project.

24         (b)  A demonstration that the project will encourage,

25  enhance, or create economic benefits.

26         (c)  The likelihood that assistance would enable the

27  project to proceed at an earlier date than would otherwise be

28  possible.

29         (d)  The extent to which assistance would foster

30  innovative public-private partnerships and attract private

31  debt or equity investment.


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 1         (e)  The extent to which the project would use new

 2  technologies, including intelligent transportation systems,

 3  that would enhance the efficient operation of the project.

 4         (f)  The extent to which the project would maintain or

 5  protect the environment.

 6         (g)  A demonstration that the project includes

 7  transportation benefits for improving intermodalism, cargo and

 8  freight movement, and safety.

 9         (h)  The amount of the proposed assistance as a

10  percentage of the overall project costs with emphasis on local

11  and private participation.

12         (i)  The extent to which the project will provide for

13  connectivity between the State Highway System and airports,

14  seaports, rail facilities, and other transportation terminals

15  and intermodal options pursuant to s. 341.053 for the

16  increased accessibility and movement of people and goods.

17         (8)(6)  Loan assistance provided by the bank shall be

18  included in the department's work program developed in

19  accordance with s. 339.135.

20         (9)(7)  The department is authorized to adopt rules to

21  implement the state-funded infrastructure bank.

22         (10)  Funds paid into the State Transportation Trust

23  Fund pursuant to s. 201.15(1)(d) for the purposes of the State

24  Infrastructure Bank are hereby annually appropriated for

25  expenditure to support that program.

26         Section 24.  Subsection (7) is added to section

27  1013.64, Florida Statutes, to read:

28         1013.64  Funds for comprehensive educational plant

29  needs; construction cost maximums for school district capital

30  projects.--Allocations from the Public Education Capital

31  


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 1  Outlay and Debt Service Trust Fund to the various boards for

 2  capital outlay projects shall be determined as follows:

 3         (7)  Moneys distributed to the Public Education Capital

 4  Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)

 5  to fund the Classrooms for Kids Program created in s. 1013.735

 6  and the High Growth County District Capital Outlay Assistance

 7  Grant Program created in s. 1013.738, shall be distributed as

 8  provided by those sections.

 9         Section 25.  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.a.  Funds paid pursuant to s. 201.15(1)(d).

27         b.  The sum of $41.75 million of such funds shall be

28  appropriated annually for expenditure to fund the Classrooms

29  for Kids Program created in s. 1013.735 and shall be

30  distributed as provided by that section.

31  


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 1         c.  Thirty million dollars of such funds are hereby

 2  annually appropriated for expenditure to fund the High Growth

 3  County District Capital Outlay Assistance Grant Program

 4  created in s. 1013.738 and shall be distributed as provided in

 5  that section.

 6         Section 26.  Subsection (1) of section 201.15, Florida

 7  Statutes, is amended to read:

 8         201.15  Distribution of taxes collected.--All taxes

 9  collected under this chapter shall be distributed as follows

10  and shall be subject to the service charge imposed in s.

11  215.20(1), except that such service charge shall not be levied

12  against any portion of taxes pledged to debt service on bonds

13  to the extent that the amount of the service charge is

14  required to pay any amounts relating to the bonds:

15         (1)  Sixty-two and sixty-three hundredths percent of

16  the remaining taxes collected under this chapter shall be used

17  for the following purposes:

18         (a)  Amounts as shall be necessary to pay the debt

19  service on, or fund debt service reserve funds, rebate

20  obligations, or other amounts payable with respect to

21  Preservation 2000 bonds issued pursuant to s. 375.051 and

22  Florida Forever bonds issued pursuant to s. 215.618, shall be

23  paid into the State Treasury to the credit of the Land

24  Acquisition Trust Fund to be used for such purposes. The

25  amount transferred to the Land Acquisition Trust Fund for such

26  purposes shall not exceed $300 million in fiscal year

27  1999-2000 and thereafter for Preservation 2000 bonds and bonds

28  issued to refund Preservation 2000 bonds, and $300 million in

29  fiscal year 2000-2001 and thereafter for Florida Forever

30  bonds. The annual amount transferred to the Land Acquisition

31  Trust Fund for Florida Forever bonds shall not exceed $30


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 1  million in the first fiscal year in which bonds are issued.

 2  The limitation on the amount transferred shall be increased by

 3  an additional $30 million in each subsequent fiscal year, but

 4  shall not exceed a total of $300 million in any fiscal year

 5  for all bonds issued. It is the intent of the Legislature that

 6  all bonds issued to fund the Florida Forever Act be retired by

 7  December 31, 2030. Except for bonds issued to refund

 8  previously issued bonds, no series of bonds may be issued

 9  pursuant to this paragraph unless such bonds are approved and

10  the debt service for the remainder of the fiscal year in which

11  the bonds are issued is specifically appropriated in the

12  General Appropriations Act. For purposes of refunding

13  Preservation 2000 bonds, amounts designated within this

14  section for Preservation 2000 and Florida Forever bonds may be

15  transferred between the two programs to the extent provided

16  for in the documents authorizing the issuance of the bonds.

17  The Preservation 2000 bonds and Florida Forever bonds shall be

18  equally and ratably secured by moneys distributable to the

19  Land Acquisition Trust Fund pursuant to this section, except

20  to the extent specifically provided otherwise by the documents

21  authorizing the issuance of the bonds. No moneys transferred

22  to the Land Acquisition Trust Fund pursuant to this paragraph,

23  or earnings thereon, shall be used or made available to pay

24  debt service on the Save Our Coast revenue bonds.

25         (b)  The remainder of the moneys distributed under this

26  subsection, after the required payment under paragraph (a),

27  shall be paid into the State Treasury to the credit of the

28  Save Our Everglades Trust Fund in amounts necessary to pay

29  debt service, provide reserves, and pay rebate obligations and

30  other amounts due with respect to bonds issued under s.

31  215.619.


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 1         (c)  The remainder of the moneys distributed under this

 2  subsection, after the required payments under paragraphs (a)

 3  and (b), shall be paid into the State Treasury to the credit

 4  of the Land Acquisition Trust Fund and may be used for any

 5  purpose for which funds deposited in the Land Acquisition

 6  Trust Fund may lawfully be used. Payments made under this

 7  paragraph shall continue until the cumulative amount credited

 8  to the Land Acquisition Trust Fund for the fiscal year under

 9  this paragraph and paragraph (2)(b) equals 70 percent of the

10  current official forecast for distributions of taxes collected

11  under this chapter pursuant to subsection (2). As used in this

12  paragraph, the term "current official forecast" means the most

13  recent forecast as determined by the Revenue Estimating

14  Conference. If the current official forecast for a fiscal year

15  changes after payments under this paragraph have ended during

16  that fiscal year, no further payments are required under this

17  paragraph during the fiscal year.

18         (d)  The remainder of the moneys distributed under this

19  subsection, after the required payments under paragraphs (a),

20  (b), and (c), shall be paid into the State Treasury to the

21  credit of:

22         1.  The State Transportation Trust Fund in the

23  Department of Transportation in the amount of $541.75 million

24  in each fiscal year, to be paid in quarterly installments and

25  used for the following specified purposes notwithstanding any

26  other law to the contrary:

27         a.  For the purposes of capital funding for the New

28  Starts Transit Program, authorized by Title 49, U.S.C. 5309

29  and specified in s. 341.051, 10 percent of these funds;

30         b.  For the purposes of the Small County Outreach

31  Program specified in s. 339.2818, 5 percent of these funds;


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 1         c.  For the purposes of the Strategic Intermodal System

 2  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75

 3  percent of these funds after allocating for the New Starts

 4  Transit Program described in sub-subparagraph a. and the Small

 5  County Outreach Program described in sub-subparagraph b.; and

 6         d.  For the purposes of the Transportation Regional

 7  Incentive Program specified in s. 339.2819, 25 percent of

 8  these funds after allocating for the New Starts Transit

 9  Program described in sub-subparagraph a. and the Small County

10  Outreach Program described in sub-subparagraph b.

11         2.  The Water Protection and Sustainability Program

12  Trust Fund in the Department of Environmental Protection in

13  the amount of $100 million in each fiscal year, to be paid in

14  quarterly installments and used as required by s. 403.890.

15         3.  The Public Education Capital Outlay and Debt

16  Service Trust Fund in the Department of Education in the

17  amount of $105 million in each fiscal year, to be paid in

18  monthly installments with $75 million used to fund the

19  Classrooms for Kids Program created in s. 1013.735, and $30

20  million to be used to fund the High Growth County District

21  Capital Outlay Assistance Grant Program created in s.

22  1013.738. If required, new facilities constructed under the

23  Classroom for Kids Program must meet the requirements of s.

24  1013.372.

25         4.  The Grants and Donations Trust Fund in the

26  Department of Community Affairs in the amount of $3.25 million

27  in each fiscal year to be paid in monthly installments, with

28  $3 million to be used to fund technical assistance to local

29  governments and school boards on the requirements and

30  implementation of this act and $250,000 to be used to fund the

31  Century Commission established in s. 163.3247.


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 1  

 2  Moneys distributed pursuant to this paragraph may not be

 3  pledged for debt service unless such pledge is approved by

 4  referendum of the voters.

 5         (e)(d)  The remainder of the moneys distributed under

 6  this subsection, after the required payments under paragraphs

 7  (a), (b), and (c), and (d), shall be paid into the State

 8  Treasury to the credit of the General Revenue Fund of the

 9  state to be used and expended for the purposes for which the

10  General Revenue Fund was created and exists by law or to the

11  Ecosystem Management and Restoration Trust Fund or to the

12  Marine Resources Conservation Trust Fund as provided in

13  subsection (11).

14         Section 27.  (1)  The following appropriations are made

15  for the 2005-2006 fiscal year only from the General Revenue

16  Fund, from revenues deposited into the fund pursuant to

17  section 201.15(1)(e), Florida Statutes, on a nonrecurring

18  basis and in quarterly installments:

19         (a)  To the State Transportation Trust Fund in the

20  Department of Transportation, $575 million.

21         (b)  To the Water Protection and Sustainability Program

22  Trust Fund in the Department of Environmental Protection, $100

23  million or if the Water Protection and Sustainability Trust

24  Fund is not created, to the Ecosystem Management and

25  Restoration Trust Fund in the Department of Environmental

26  Protection.

27         (c)  To the Public Education Capital Outlay and Debt

28  Service Trust Fund in the Department of Education, $71.65

29  million.

30         (d)  To the Grants and Donations Trust Fund in the

31  Department of Community Affairs, $3.35 million.


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 1         (2)  The following appropriations are made for the

 2  2005-2006 fiscal year only on a nonrecurring basis:

 3         (a)  From the State Transportation Trust Fund in the

 4  Department of Transportation:

 5         1.  Two hundred million dollars for the purposes

 6  specified in sections 339.61, 339.62, 339.63, and 339.64,

 7  Florida Statutes.

 8         2.  Two hundred seventy-five million dollars for the

 9  purposes specified in section 339.2819, Florida Statutes.

10         3.  One hundred million dollars for the purposes

11  specified in section 339.55, Florida Statutes.

12         4.  Twenty-five million for the purposes specified in

13  section 339.2817, Florida Statutes.

14         (b)  From the Water Protection and Sustainability

15  Program Trust Fund or, if that trust fund is not created, from

16  the Ecosystem Management and Restoration Trust Fund, in the

17  Department of Environmental Protection, $100 million for the

18  purposes specified in section 403.890, Florida Statutes.

19         (c)  From the Public Education Capital Outlay and Debt

20  Service Trust Fund in the Department of Education, the sum of

21  $71.65 million with $41.65 million for the purpose of funding

22  the Classrooms for Kids Program created in section 1013.735,

23  Florida Statutes and $30 million to be used to fund the High

24  Growth County District Capital Outlay Assistance Grant Program

25  created in section 1013.738, Florida Statutes. Notwithstanding

26  the requirements of sections 1013.64 and 1013.65, Florida

27  Statutes, these moneys may not be distributed as part of the

28  comprehensive plan for the Public Education Capital Outlay and

29  Debt Service Trust Fund. If required, new facilities

30  constructed under the Classroom for Kids Program must meet the

31  requirements of section 1013.372, Florida Statutes.


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 1         (d)  From the Grants and Donations Trust Fund in the

 2  Department of Community Affairs:

 3         1.  Three million dollars to provide technical

 4  assistance to local governments and school boards on the

 5  requirements and implementation of this act. The department

 6  shall provide a report to the Governor, the President of the

 7  Senate, and the Speaker of the House of Representatives by

 8  February 1, 2006, on the progress made toward implementing

 9  this act and a recommendation on whether additional funds

10  should be appropriated to provide additional technical

11  assistance.

12         2.  Two hundred and fifty thousand dollars to support

13  the Century Commission, created by section 163.3247, Florida

14  Statutes.

15         3.  Fifty thousand dollars to support the School

16  Concurrency Task Force.

17         4.  Fifty thousand dollars to support the Impact Fee

18  Task Force.

19         Section 28.  Beginning in fiscal year 2005-2006, the

20  Department of Transportation shall allocate sufficient funds

21  to implement the provisions relating to transportation in this

22  act. The department shall amend the tentative work program for

23  2005-2006. Before amending the tentative work program, the

24  department shall submit a budget amendment pursuant to section

25  339.135(7), Florida Statutes. Notwithstanding the provisions

26  of section 216.301(1), Florida Statutes, the funds

27  appropriated from general revenue to the State Transportation

28  Trust Fund in this act shall not revert at the end of fiscal

29  year 2005-2006.

30         Section 29.  The Legislature finds that planning for

31  and adequately funding infrastructure is critically important


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 1  for the safety and welfare of the residents of Florida.

 2  Therefore, the Legislature finds that the provisions of this

 3  act fulfill an important state interest.

 4         Section 30.  School Concurrency Task Force.--

 5         (1)  The School Concurrency Task Force is created to

 6  review the requirements for school concurrency in law and make

 7  recommendations regarding streamlining the process and

 8  procedures for establishing school concurrency. The task force

 9  shall also examine the methodology and processes used for the

10  funding of construction of public schools and make

11  recommendations on revisions to provisions of law and rules

12  which will help ensure that schools are built and available

13  when the expected demands of growth produce the need for new

14  school facilities.

15         (2)  The task force shall be composed of 11 members.

16  The membership must represent local governments, school

17  boards, developers and homebuilders, the business community,

18  the agriculture community, the environmental community, and

19  other appropriate stakeholders. The task force shall include

20  two members appointed by the Governor, two members appointed

21  by the President of the Senate, two members appointed by the

22  Speaker of the House of Representatives, one member appointed

23  by the Florida School Boards Association, one member appointed

24  by the Florida Association of Counties, and one member

25  appointed by the Florida League of Cities. The Secretary of

26  the Department of Community Affairs, or a senior management

27  designee, and the Commissioner of Education, or a senior

28  management designee, shall also be ex officio nonvoting

29  members on the task force.

30         (3)  The task force shall report to the Governor, the

31  President of the Senate, and the Speaker of the House of


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 1  Representatives no later than December 1, 2005, with specific

 2  recommendations for revisions to provisions of law and rules.

 3         Section 31.  Florida Impact Fee Review Task Force.--

 4         (1)  The Legislature recognizes that impact fees have

 5  been an important source of revenues to local governments to

 6  fund new growth. Local governments have assumed this

 7  responsibility under their constitutional home rule authority.

 8  With the increased use of impact fees, questions have arisen

 9  about whether their use should be regulated by law.

10         (2)  Effective upon this act becoming law, the Florida

11  Impact Fee Review Task Force is created.

12         (3)  The task force is to be composed of 15 members,

13  who shall be appointed within 30 days after the effective date

14  of this section.

15         1.  Five voting members selected by the President of

16  the Senate and five voting members selected by the Speaker of

17  the House of Representative, none of whom may be a member of

18  the Legislature at the time of the appointment, as follows:

19  one member of a county commission, one member of a city

20  commission or council, one member of a local school board, one

21  member of the development community, and one member of the

22  homebuilding community. The Governor shall appoint two

23  members, one of whom shall be an affordable housing advocate

24  who shall have no current or past direct relationship to local

25  government, school boards, or the development or homebuilding

26  industries. The Governor shall designate one of his or her

27  appointees as the chair.

28         2.  One member of the Senate appointed by the President

29  of the Senate, and one member of the House of Representatives

30  appointed by the Speaker of the House of Representatives, who

31  shall be ex officio, nonvoting members.


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 1         3.  The Secretary of the Department of Community

 2  Affairs or his designee is to serve as an ex officio,

 3  nonvoting member.

 4         (4)(a)  The task force shall act as an advisory body to

 5  the Governor and the Legislature.

 6         (b)  The task force shall convene its initial meeting

 7  within 60 days after the effective date of this section and

 8  thereafter at the call of its chair.

 9         (c)  Task Force members shall not receive remuneration

10  for their services, but are entitled to reimbursement by the

11  Legislative Committee on Intergovernmental Relations for

12  travel and per diem expenses in accordance with section

13  112.061, Florida Statutes.

14         (5)  The Task Force shall survey and review current use

15  of impact fees as a method of financing local infrastructure

16  to accommodate new growth and current case law controlling the

17  use of impact fees. To the extent feasible, the review is to

18  include consideration of the following:

19         (a)  Local government criteria and methodology used for

20  the determination of the amount of impact fees.

21         (b)  Application and relative burden of impact fees in

22  different areas of the state in relation to other methods of

23  financing new infrastructure.

24         (c)  The range of use of impact fees as a percentage of

25  the total capital costs for infrastructure needs created by

26  new development.

27         (d)  The methods used by local governments for the

28  accounting and reporting of the collection and expenditure of

29  all impact fees.

30  

31  


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 1         (e)  Notice provisions prior to adoption and the

 2  effective date of local ordinances creating a new impact fee

 3  or increasing an existing impact fee.

 4         (f)  Interlocal agreements between counties and cities

 5  to allocate impact fee proceeds between them.

 6         (g)  Requirements and options related to timing of

 7  impact fees payments.

 8         (h)  The importance of impact fees to the ability of

 9  local government to fund infrastructure needed to mitigate the

10  impacts of development and meet statutory requirements for

11  concurrency.

12         (i)  Methods used by local governments to ameliorate

13  the effect of impact fee costs on affordable housing.

14         (6)  The task force shall report to the Governor, the

15  President of the Senate, and the Speaker of the House of

16  Representatives by February 1, 2006. The report shall include

17  the task force's recommendations regarding:

18         (a)  Whether there is a need for statutory direction on

19  the methodology and data used to calculate impact fees.

20         (b)  Whether there should be statutory direction on

21  payment, exemption, or waiver of impact fees for affordable

22  housing.

23         (c)  Whether there should be statutory direction on the

24  accounting and reporting of the collection and expenditure of

25  all impact fees.

26         (d)  Whether there is a need for statutory direction on

27  the notice given in advance of the effective date of a new or

28  amended impact fee ordinance.

29         (e)  Whether there is a need for statutory direction on

30  the sharing of impact fees between counties and cities.

31  


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 1         (f)  Whether there is a need for statutory direction on

 2  the timing of payment of impact fees.

 3         (g)  Any other recommendation the Task Force deems

 4  appropriate.

 5  

 6  If the task force makes a recommendation for statutory

 7  direction, the report shall also contain the task force's

 8  recommendation for statutory changes.

 9         (7)  The Legislative Committee on Intergovernmental

10  Relations shall serve as staff to the task force and is

11  authorized to employ technical support and expend funds

12  appropriated to the committee for carrying out the official

13  duties of the task force. All state agencies are directed to

14  cooperate with and assist the task force to the fullest extent

15  possible. All local governments are encouraged to assist and

16  cooperate with the commission as necessary.

17         (8)  Effective July 1, 2005, the sum of $50,000 is

18  appropriated, for fiscal year 2005-2006 only, from the

19  Department of Community Affairs' Grants and Donations Trust

20  Fund to the Legislative Committee on Intergovernmental

21  Relations to fund the per diem and travel expenses of the task

22  force pursuant to section 112.061, Florida Statutes.

23         Section 32.  Subsection (4) of section 339.2817,

24  Florida Statutes, is amended to read:

25         339.2817  County Incentive Grant Program.--

26         (4)  The department shall provide 50 percent of project

27  costs for eligible projects. percentage of matching funds

28  provided from the County Incentive Grant Program to the

29  eligible county will be based on the following:

30  

31  


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 1         (a)  For projects on the Florida Intrastate Highway

 2  System the department shall provide 60 percent of project

 3  costs.

 4         (b)  For projects on the State Highway System the

 5  department shall provide 50 percent of project costs.

 6         (c)  For local projects which are demonstrated to

 7  relieve traffic congestion on the State Highway System the

 8  department shall provide 35 percent of project costs.

 9         Section 33.  Subsection (6) is added to section

10  339.2818, Florida Statutes, to read:

11         339.2818  Small County Outreach Program.--

12         (6)  Funds paid into the State Transportation Trust

13  Fund pursuant to s. 201.15(1)(d) for the purposes of the Small

14  County Outreach Program are hereby annually appropriated for

15  expenditure to support the Small County Outreach Program.

16         Section 34.  Subsection (6) is added to section

17  341.051, Florida Statutes, to read:

18         341.051  Administration and financing of public transit

19  and intercity bus service programs and projects.--

20         (6)  ANNUAL APPROPRIATION.--Funds paid into the State

21  Transportation Trust Fund pursuant to s. 201.15(1)(d) for the

22  New Starts Transit Program are hereby annually appropriated

23  for expenditure to support the New Starts Transit Program.

24  

25  For purposes of this section, the term "net operating costs"

26  means all operating costs of a project less any federal funds,

27  fares, or other sources of income to the project.

28         Section 35.  Subsection (3) is added to section 339.61,

29  Florida Statutes, to read:

30         339.61  Florida Strategic Intermodal System;

31  legislative findings, declaration, and intent.--


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 1         (3)  Funds paid into the State Transportation Trust

 2  Fund pursuant to s. 201.15(1)(d) for the purposes of the

 3  Florida Strategic Intermodal System are hereby annually

 4  appropriated for expenditure to support that program.

 5         Section 36.  Section 403.891, Florida Statutes, is

 6  created to read:

 7         403.891  Annual appropriation from the Water Protection

 8  and Sustainability Trust Fund.--

 9         (1)  Funds paid into the Water Protection and

10  Sustainability Trust Fund pursuant to s. 201.15(1)(d) are

11  hereby annually appropriated for expenditure for the purposes

12  for which the Water Protection and Sustainability Trust Fund

13  is established.

14         (2)  If the Water Protection and Sustainability Trust

15  Fund is not created, such funds are hereby annually

16  appropriated for expenditure from the Ecosystem Management and

17  Restoration Trust Fund solely for the purposes established in

18  s. 403.890.

19         Section 37.  Section 1013.738, Florida Statutes, is

20  created to read:

21         1013.738  High Growth District District Capital Outlay

22  Assistance Grant Program.--

23         (1)  Subject to funds provided in the General

24  Appropriations Act, the High Growth District Capital Outlay

25  Assistance Grant Program is hereby established. Funds provided

26  pursuant to this section may only be used to construct new

27  student stations.

28         (2)  In order to qualify for a grant, a school district

29  must meet the following criteria:

30  

31  


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 1         (a)  The district must have levied the full 2 mills of

 2  nonvoted discretionary capital outlay millage authorized in s.

 3  1011.71(2), for each of the past 4 fiscal years.

 4         (b)  Fifty percent of the revenue derived from the

 5  2-mill nonvoted discretionary capital outlay millage for the

 6  past 4 fiscal years, when divided by the district's growth in

 7  capital outlay FTE students over this period, produces a value

 8  that is less than the average cost per student station

 9  calculated pursuant to s. 1013.72(2), and weighted by

10  statewide growth in capital outlay FTE students in elementary,

11  middle, and high schools for the past 4 fiscal years.

12         (c)  The district must have equaled or exceeded twice

13  the statewide average of growth in capital outlay FTE students

14  over this same 4-year period.

15         (d)  The Commissioner of Education must have released

16  all funds allocated to the district from the Classrooms First

17  Program authorized in s. 1013.68, and these funds were fully

18  expended by the district as of February 1 of the current

19  fiscal year.

20         (e)  The total capital outlay FTE students of the

21  district is greater than 15,000 students.

22         (3)  The funds provided in the General Appropriations

23  Act shall be allocated pursuant to the following methodology:

24         (a)  For each eligible district, the Department of

25  Education shall calculate the value of 50 percent of the

26  revenue derived from the 2-mill nonvoted discretionary capital

27  outlay millage for the past 4 fiscal years divided by the

28  increase in capital outlay FTE students for the same period.

29         (b)  The Department of Education shall determine, for

30  each eligible district, the amount that must be added to the

31  value calculated pursuant to paragraph (a) to produce the


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 1  weighted average value per student station calculated pursuant

 2  to paragraph (2)(b).

 3         (c)  The value calculated for each eligible district

 4  pursuant to paragraph (b) shall be multiplied by the average

 5  increase in capital outlay FTE students for the past 4 fiscal

 6  years to determine the maximum amount of a grant that may be

 7  awarded to a district pursuant to this section.

 8         (d)  In the event the funds provided in the General

 9  Appropriations Act are insufficient to fully fund the maximum

10  grants calculated pursuant to paragraph (c), the Department of

11  Education shall allocate the funds based on each district's

12  prorated share of the total maximum award amount calculated

13  for all eligible districts.

14         (4)  Moneys distributed to the Public Education Capital

15  Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)

16  for the High Growth District Capital Outlay Assistance Grant

17  Program created in this section shall be distributed as

18  provided by this section.

19         Section 38.  Subsection (3) is added to section

20  380.115, Florida Statutes, to read:

21         380.115  Vested rights and duties; effect of chs.

22  2002-20 and 2002-296.--

23         (3)  A landowner that has filed an application for a

24  development of regional impact review prior to the adoption of

25  an optional sector plan pursuant to s. 163.3245 may elect to

26  have the application reviewed pursuant to s. 380.06,

27  comprehensive plan provisions in force prior to adoption of

28  the sector plan and any requested comprehensive plan

29  amendments that accompany the application.

30         Section 39.  Unless the developer elects otherwise in

31  writing, the provisions of this act amending chapters 163 and


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 1  380, Florida Statutes, shall not apply to any developments of

 2  regional impact for which a development order has been issued

 3  prior to the effective date of this act or for which a

 4  development of regional impact application has been submitted

 5  prior to May 1, 2005.

 6         Section 40.  From the funds paid into the Grants and

 7  Donations Trust Fund of the Department of Community Affairs

 8  pursuant to section 201.15(1)(d), Florida Statutes, $3 million

 9  is hereby annually appropriated to provide technical

10  assistance to local governments and school boards concerning

11  the requirements and implementation of this act, and $250,000

12  is hereby annually appropriated to support the Century

13  Commission, created by section 163.3247, Florida Statutes.

14         Section 41.  This act shall take effect July 1, 2005.

15  

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