November 26, 2020
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000417
  Amendment
Bill No. 1865
Amendment No. 000417
CHAMBER ACTION
Senate House
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1Representative(s) Johnson offered the following:
2
3     Substitute Amendment for Amendment (699673) (with title
4amendment)
5     Remove the entire body and insert:
6     Section 1.  Popular name.--This act may be cited as the
7"Sustainable Florida Act of 2005."
8     Section 2.  Subsection (32) is added to section 163.3164,
9Florida Statutes, to read:
10     163.3164  Local Government Comprehensive Planning and Land
11Development Regulation Act; definitions.--As used in this act:
12     (32)  "Financial feasibility" means sufficient revenues are
13currently available or will be available from committed or
14planned funding sources available for financing capital
15improvements, such as ad valorem taxes, bonds, state and federal
16funds, tax revenues, impact fees, and developer contributions,
17which are adequate to fund the projected costs of the capital
18improvements and as otherwise identified within this act
19necessary to ensure that adopted level-of-service standards are
20achieved and maintained within the 5-year schedule of capital
21improvements.
22     Section 3.  Section 163.3172, Florida Statutes, is created
23to read:
24     163.3172  Urban infill and redevelopment.--In recognition
25that urban infill and redevelopment is a high state priority,
26the Legislature determines that local governments should not
27adopt charter provisions, ordinances, or land development
28regulations that discourage this state priority, unless the
29charter provisions, ordinances, or land development regulations
30are to limit impacts to coastal high-hazard areas, historic
31districts, or aviation operations. Higher density urban
32development is appropriate in urban core areas and should be
33encouraged in such areas. Conversely, it is appropriate to
34discourage greater height and density as a development form in
35areas outside the urban core where such development forms are
36incompatible with existing land uses. Notwithstanding chapters
37125 and 163, any existing or future charter county charter
38provision, ordinance, land development regulation, or countywide
39special act that governs the use, development, or redevelopment
40of land shall not be effective within any municipality of the
41county unless the charter provision, ordinance, land development
42regulation, or countywide special act is approved by a majority
43vote of the municipality's governing board or is approved by a
44majority vote of the county's governing board for placement on
45the ballot as a countywide referendum and:
46     (1)  The ballot form includes a ballot summary of the
47measure being voted on, which has been agreed to by the
48municipalities of the county, in addition to any other
49requirements of law. If no agreement on the ballot summary
50language is reached with the municipalities of the county, the
51ballot form shall also contain an estimate, as created by the
52municipalities, individually, or if desired by the
53municipalities, cumulatively, of the fiscal impact of the
54measure
55upon the municipality.
56     (2)  The referendum is approved by a majority vote of the
57electors of the county voting in the referendum.
58
59Existing charter provisions and countywide special acts that
60have been approved by referendum prior to the effective date of
61this act must be readopted in accordance with this section in
62order to apply within a municipality. However, any existing
63charter county charter provision that has established a rural
64boundary as delineated on a rural boundary map shall not be
65required to have the charter provision readopted in accordance
66with this section and shall continue to apply within
67municipalities of the charter county. In the event of a conflict
68between a countywide ordinance and a municipal ordinance within
69a charter county that regulates expressive conduct, the more
70restrictive ordinance shall govern. In addition, the
71requirements of this section restricting charter county charter
72provisions, ordinances, or land development regulations
73concerning building height restrictions shall not apply within
74any areas of critical state concern designated pursuant to s.
75380.05-380.0555.
76     Section 4.  Subsection (3), paragraphs (a), (b), (c), and
77(h) of subsection (6), paragraph (d) of subsection (11), and
78subsection (12) of section 163.3177, Florida Statutes, are
79amended, and subsection (13) is added to said section, to read:
80     163.3177  Required and optional elements of comprehensive
81plan; studies and surveys.--
82     (3)(a)  The comprehensive plan shall contain a capital
83improvements element designed to consider the need for and the
84location of public facilities in order to encourage the
85efficient utilization of such facilities and set forth:
86     1.  A component which outlines principles for construction,
87extension, or increase in capacity of public facilities, as well
88as a component which outlines principles for correcting existing
89public facility deficiencies, which are necessary to implement
90the comprehensive plan. The components shall cover at least a 5-
91year period.
92     2.  Estimated public facility costs, including a
93delineation of when facilities will be needed, the general
94location of the facilities, and projected revenue sources to
95fund the facilities.
96     3.  Standards to ensure the availability of public
97facilities and the adequacy of those facilities including
98acceptable levels of service.
99     4.  Standards for the management of debt.
100     5.  A schedule of capital improvements which includes
101publicly funded projects and which may include privately funded
102projects.
103     6.  The schedule of transportation improvements included in
104the applicable metropolitan planning organization's
105transportation improvement program adopted pursuant to s.
106339.175(7) to the extent that such improvements are relied upon
107to ensure concurrency and financial feasibility. The schedule
108must also be coordinated with the applicable metropolitan
109planning organization's long-range transportation plan adopted
110pursuant to s. 339.175(6).
111     (b)1.  The capital improvements element shall be reviewed
112on an annual basis and modified as necessary in accordance with
113s. 163.3187 or s. 163.3189 in order to maintain a financially
114feasible 5-year schedule of capital improvements., except that
115Corrections, updates, and modifications concerning costs,;
116revenue sources, or; acceptance of facilities pursuant to
117dedications which are consistent with the plan; or the date of
118construction of any facility enumerated in the capital
119improvements schedule element may be accomplished by ordinance
120and shall not be deemed to be amendments to the local
121comprehensive plan. A copy of the ordinance shall be transmitted
122to the state land planning agency. All public facilities shall
123be consistent with the capital improvements element. Amendments
124to implement this section must be adopted and transmitted no
125later than December 1, 2007. Thereafter, a local government may
126not amend its future land use map, except for plan amendments to
127meet new requirements under this part and emergency amendments
128pursuant to s. 163.3187(1)(a), after December 1, 2007, and every
129year thereafter until the local government has adopted the
130annual update and the annual update has been transmitted to the
131state land planning agency.
132     2.  Capital improvements element amendments adopted after
133the effective date of this act shall require only a single
134public hearing before the governing board which shall be an
135adoption hearing as described in s. 163.3184(7). Such amendments
136are not subject to the requirements of s. 163.3184(3)-(6).
137Amendments to the 5-year schedule of capital improvements
138adopted after the effective date of this act shall not be
139subject to challenge by an affected party. If the department
140finds an amendment pursuant to this subparagraph not in
141compliance, the local government may challenge that
142determination pursuant to s. 163.3184(10).
143     (6)  In addition to the requirements of subsections (1)-
144(5), the comprehensive plan shall include the following
145elements:
146     (a)  A future land use plan element designating proposed
147future general distribution, location, and extent of the uses of
148land for residential uses, commercial uses, industry,
149agriculture, recreation, conservation, education, public
150buildings and grounds, other public facilities, and other
151categories of the public and private uses of land. Counties are
152encouraged to designate rural land stewardship areas, pursuant
153to the provisions of paragraph (11)(d), as overlays on the
154future land use map. Each future land use category must be
155defined in terms of uses included, and must include standards to
156be followed in the control and distribution of population
157densities and building and structure intensities. The proposed
158distribution, location, and extent of the various categories of
159land use shall be shown on a land use map or map series which
160shall be supplemented by goals, policies, and measurable
161objectives. The future land use plan shall be based upon
162surveys, studies, and data regarding the area, including the
163amount of land required to accommodate anticipated growth; the
164projected population of the area; the character of undeveloped
165land; the availability of water supplies, public facilities, and
166services; the need for redevelopment, including the renewal of
167blighted areas and the elimination of nonconforming uses which
168are inconsistent with the character of the community; the
169compatibility of uses on lands adjacent to or closely proximate
170to military installations; and, in rural communities, the need
171for job creation, capital investment, and economic development
172that will strengthen and diversify the community's economy. The
173future land use plan may designate areas for future planned
174development use involving combinations of types of uses for
175which special regulations may be necessary to ensure development
176in accord with the principles and standards of the comprehensive
177plan and this act. The future land use plan element shall
178include criteria to be used to achieve the compatibility of
179adjacent or closely proximate lands with military installations.
180In addition, for rural communities, the amount of land
181designated for future planned industrial use shall be based upon
182surveys and studies that reflect the need for job creation,
183capital investment, and the necessity to strengthen and
184diversify the local economies, and shall not be limited solely
185by the projected population of the rural community. The future
186land use plan of a county may also designate areas for possible
187future municipal incorporation. The land use maps or map series
188shall generally identify and depict historic district boundaries
189and shall designate historically significant properties meriting
190protection. The future land use element must clearly identify
191the land use categories in which public schools are an allowable
192use. When delineating the land use categories in which public
193schools are an allowable use, a local government shall include
194in the categories sufficient land proximate to residential
195development to meet the projected needs for schools in
196coordination with public school boards and may establish
197differing criteria for schools of different type or size. Each
198local government shall include lands contiguous to existing
199school sites, to the maximum extent possible, within the land
200use categories in which public schools are an allowable use. All
201comprehensive plans must comply with the school siting
202requirements of this paragraph no later than October 1, 1999.
203The failure by a local government to comply with these school
204siting requirements by October 1, 1999, will result in the
205prohibition of the local government's ability to amend the local
206comprehensive plan, except for plan amendments described in s.
207163.3187(1)(b), until the school siting requirements are met.
208Amendments proposed by a local government for purposes of
209identifying the land use categories in which public schools are
210an allowable use or for adopting or amending the school-siting
211maps pursuant to s. 163.31776(3) are exempt from the limitation
212on the frequency of plan amendments contained in s. 163.3187.
213The future land use element shall include criteria that
214encourage the location of schools proximate to urban residential
215areas to the extent possible and shall require that the local
216government seek to collocate public facilities, such as parks,
217libraries, and community centers, with schools to the extent
218possible and to encourage the use of elementary schools as focal
219points for neighborhoods. For schools serving predominantly
220rural counties, defined as a county with a population of 100,000
221or fewer, an agricultural land use category shall be eligible
222for the location of public school facilities if the local
223comprehensive plan contains school siting criteria and the
224location is consistent with such criteria. Local governments
225required to update or amend their comprehensive plan to include
226criteria and address compatibility of adjacent or closely
227proximate lands with existing military installations in their
228future land use plan element shall transmit the update or
229amendment to the department by June 30, 2006.
230     (b)  A traffic circulation element consisting of the types,
231locations, and extent of existing and proposed major
232thoroughfares and transportation routes, including bicycle and
233pedestrian ways. Transportation corridors, as defined in s.
234334.03, may be designated in the traffic circulation element
235pursuant to s. 337.273. If the transportation corridors are
236designated, the local government may adopt a transportation
237corridor management ordinance. By December 1, 2006, each local
238government shall adopt by ordinance a transportation concurrency
239management system which shall include a methodology for
240assessing proportionate share mitigation options. By December 1,
2412005, the Department of Transportation shall develop a model
242transportation concurrency management ordinance with
243methodologies for assessing proportionate share options. The
244transportation concurrency management ordinance may assess a
245concurrency impact area by districts or systemwide.
246     (c)  A general sanitary sewer, solid waste, drainage,
247potable water, and natural groundwater aquifer recharge element
248correlated to principles and guidelines for future land use,
249indicating ways to provide for future potable water, drainage,
250sanitary sewer, solid waste, and aquifer recharge protection
251requirements for the area. The element may be a detailed
252engineering plan including a topographic map depicting areas of
253prime groundwater recharge. The element shall describe the
254problems and needs and the general facilities that will be
255required for solution of the problems and needs. The element
256shall also include a topographic map depicting any areas adopted
257by a regional water management district as prime groundwater
258recharge areas for the Floridan or Biscayne aquifers, pursuant
259to s. 373.0395. These areas shall be given special consideration
260when the local government is engaged in zoning or considering
261future land use for said designated areas. For areas served by
262septic tanks, soil surveys shall be provided which indicate the
263suitability of soils for septic tanks. Within 18 months after
264the governing board approves an updated regional water supply
265plan, the local government shall submit a comprehensive plan
266amendment that incorporates the alternative water supply
267projects selected by the local government from those identified
268in the regional supply plan pursuant to s. 373.0361(2)(a) or
269proposed by the local government under s. 373.0361, into the
270element. If a local government is located within two water
271management districts, the local government shall adopt its
272comprehensive plan amendment within 18 months after the later
273updated By December 1, 2006, The element must consider the
274appropriate water management district's regional water supply
275plan approved pursuant to s. 373.0361. The element must identify
276such alternative water supply projects and traditional water
277supply projects and conservation and reuse necessary to meet the
278water needs identified in s. 373.0361(2)(a) within the local
279government's jurisdiction and include a work plan, covering at
280least a 10-year planning period, for building public water
281supply facilities, including development of alternative water
282supplies that are necessary to meet existing and projected water
283use demand over the work planning period. The work plan shall
284also describe how the water supply needs will be met over the
285course of the planning period from any other providers of water,
286if applicable that are identified in the element as necessary to
287serve existing and new development and for which the local
288government is responsible. The work plan shall be updated, at a
289minimum, every 5 years within 18 12 months after the governing
290board of a water management district approves an updated
291regional water supply plan. Local governments, public and
292private utilities, regional water supply authorities, special
293districts, and water management districts are encouraged to
294cooperatively plan for the development of multijurisdictional
295water supply facilities that are sufficient to meet projected
296demands for established planning periods, including the
297development of alternative water sources to supplement
298traditional sources of ground and surface water supplies.
299Amendments to incorporate the work plan do not count toward the
300limitation on the frequency of adoption of amendments to the
301comprehensive plan.
302     (h)1.  An intergovernmental coordination element showing
303relationships and stating principles and guidelines to be used
304in the accomplishment of coordination of the adopted
305comprehensive plan with the plans of school boards, regional
306water supply authorities, and other units of local government
307providing services but not having regulatory authority over the
308use of land, with the comprehensive plans of adjacent
309municipalities, the county, adjacent counties, or the region,
310with the state comprehensive plan and with the applicable
311regional water supply plan approved pursuant to s. 373.0361, as
312the case may require and as such adopted plans or plans in
313preparation may exist. This element of the local comprehensive
314plan shall demonstrate consideration of the particular effects
315of the local plan, when adopted, upon the development of
316adjacent municipalities, the county, adjacent counties, or the
317region, or upon the state comprehensive plan, as the case may
318require.
319     a.  The intergovernmental coordination element shall
320provide for procedures to identify and implement joint planning
321areas, especially for the purpose of annexation, municipal
322incorporation, and joint infrastructure service areas.
323     b.  The intergovernmental coordination element shall
324provide for recognition of campus master plans prepared pursuant
325to s. 1013.30.
326     c.  The intergovernmental coordination element may provide
327for a voluntary dispute resolution process as established
328pursuant to s. 186.509 for bringing to closure in a timely
329manner intergovernmental disputes. A local government may
330develop and use an alternative local dispute resolution process
331for this purpose.
332     2.  The intergovernmental coordination element shall
333further state principles and guidelines to be used in the
334accomplishment of coordination of the adopted comprehensive plan
335with the plans of school boards and other units of local
336government providing facilities and services but not having
337regulatory authority over the use of land. In addition, the
338intergovernmental coordination element shall describe joint
339processes for collaborative planning and decisionmaking on
340population projections and public school siting, the location
341and extension of public facilities subject to concurrency, and
342siting facilities with countywide significance, including
343locally unwanted land uses whose nature and identity are
344established in an agreement. Within 1 year of adopting their
345intergovernmental coordination elements, each county, all the
346municipalities within that county, the district school board,
347and any unit of local government service providers in that
348county shall establish by interlocal or other formal agreement
349executed by all affected entities, the joint processes described
350in this subparagraph consistent with their adopted
351intergovernmental coordination elements.
352     3.  To foster coordination between special districts and
353local general-purpose governments as local general-purpose
354governments implement local comprehensive plans, each
355independent special district must submit a public facilities
356report to the appropriate local government as required by s.
357189.415.
358     4.a.  Local governments adopting a public educational
359facilities element pursuant to s. 163.31776 must execute an
360interlocal agreement with the district school board, the county,
361and nonexempt municipalities pursuant to s. 163.31777, as
362defined by s. 163.31776(1), which includes the items listed in
363s. 163.31777(2). The local government shall amend the
364intergovernmental coordination element to provide that
365coordination between the local government and school board is
366pursuant to the agreement and shall state the obligations of the
367local government under the agreement.
368     b.  Plan amendments that comply with this subparagraph are
369exempt from the provisions of s. 163.3187(1).
370     5.  The state land planning agency shall establish a
371schedule for phased completion and transmittal of plan
372amendments to implement subparagraphs 1., 2., and 3. from all
373jurisdictions so as to accomplish their adoption by December 31,
3741999. A local government may complete and transmit its plan
375amendments to carry out these provisions prior to the scheduled
376date established by the state land planning agency. The plan
377amendments are exempt from the provisions of s. 163.3187(1).
378     6.  By January 1, 2004, Any county having a population
379greater than 100,000, and the municipalities and special
380districts within that county, shall submit a report to the
381Department of Community Affairs which:
382     a.  Identifies all existing or proposed interlocal service-
383delivery agreements regarding the following: education; sanitary
384sewer; public safety; solid waste; drainage; potable water;
385parks and recreation; and transportation facilities.
386     b.  Identifies any deficits or duplication in the provision
387of services within its jurisdiction, whether capital or
388operational. Upon request, the Department of Community Affairs
389shall provide technical assistance to the local governments in
390identifying deficits or duplication.
391     7.  Within 6 months after submission of the report, the
392Department of Community Affairs shall, through the appropriate
393regional planning council, coordinate a meeting of all local
394governments within the regional planning area to discuss the
395reports and potential strategies to remedy any identified
396deficiencies or duplications.
397     8.  Each local government shall update its
398intergovernmental coordination element based upon the findings
399in the report submitted pursuant to subparagraph 6. The report
400may be used as supporting data and analysis for the
401intergovernmental coordination element.
402     9.  By February 1, 2003, representatives of municipalities,
403counties, and special districts shall provide to the Legislature
404recommended statutory changes for annexation, including any
405changes that address the delivery of local government services
406in areas planned for annexation.
407     (11)
408     (d)1.  The department, in cooperation with the Department
409of Agriculture and Consumer Services, the Department of
410Environmental Protection, water management districts, and
411regional planning councils, shall provide assistance to local
412governments in the implementation of this paragraph and rule 9J-
4135.006(5)(l), Florida Administrative Code. Implementation of
414those provisions shall include a process by which the department
415may authorize local governments to designate all or portions of
416lands classified in the future land use element as predominantly
417agricultural, rural, open, open-rural, or a substantively
418equivalent land use, as a rural land stewardship area within
419which planning and economic incentives are applied to encourage
420the implementation of innovative and flexible planning and
421development strategies and creative land use planning
422techniques, including those contained herein and in rule 9J-
4235.006(5)(l), Florida Administrative Code. Assistance may
424include, but is not limited to:
425     a.  Assistance from the Department of Environmental
426Protection and water management districts in creating the
427geographic information systems land cover database and aerial
428photogrammetry needed to prepare for a rural land stewardship
429area;
430     b.  Support for local government implementation of rural
431land stewardship concepts by providing information and
432assistance to local governments regarding land acquisition
433programs that may be used by the local government or landowners
434to leverage the protection of greater acreage and maximize the
435effectiveness of rural land stewardship areas; and
436     c.  Expansion of the role of the Department of Community
437Affairs as a resource agency to facilitate establishment of
438rural land stewardship areas in smaller rural counties that do
439not have the staff or planning budgets to create a rural land
440stewardship area.
441     2.  The state land planning agency department shall
442encourage participation by local governments of different sizes
443and rural characteristics in establishing and implementing rural
444land stewardship areas. It is the intent of the Legislature that
445rural land stewardship areas be used to further the following
446broad principles of rural sustainability: restoration and
447maintenance of the economic value of rural land; control of
448urban sprawl; identification and protection of ecosystems,
449habitats, and natural resources; promotion of rural economic
450activity; maintenance of the viability of Florida's agricultural
451economy; and protection of the character of rural areas of
452Florida. Rural land stewardship areas may be multicounty in
453order to encourage coordinated regional stewardship planning.
454     3.  A local government, in conjunction with a regional
455planning council, a stakeholder organization of private land
456owners, or another local government, shall notify the department
457in writing of its intent to designate a rural land stewardship
458area. The written notification shall describe the basis for the
459designation, including the extent to which the rural land
460stewardship area enhances rural land values, controls urban
461sprawl, provides necessary open space for agriculture and
462protection of the natural environment, promotes rural economic
463activity, and maintains rural character and the economic
464viability of agriculture.
465     4.  A rural land stewardship area shall be not less than
46610,000 acres and shall be located outside of municipalities and
467established urban growth boundaries, and shall be designated by
468plan amendment. The plan amendment designating a rural land
469stewardship area shall be subject to review by the Department of
470Community Affairs pursuant to s. 163.3184 and shall provide for
471the following:
472     a.  Criteria for the designation of receiving areas within
473rural land stewardship areas in which innovative planning and
474development strategies may be applied. Criteria shall at a
475minimum provide for the following: adequacy of suitable land to
476accommodate development so as to avoid conflict with
477environmentally sensitive areas, resources, and habitats;
478compatibility between and transition from higher density uses to
479lower intensity rural uses; the establishment of receiving area
480service boundaries which provide for a separation between
481receiving areas and other land uses within the rural land
482stewardship area through limitations on the extension of
483services; and connection of receiving areas with the rest of the
484rural land stewardship area using rural design and rural road
485corridors.
486     b.  Goals, objectives, and policies setting forth the
487innovative planning and development strategies to be applied
488within rural land stewardship areas pursuant to the provisions
489of this section.
490     c.  A process for the implementation of innovative planning
491and development strategies within the rural land stewardship
492area, including those described in this subsection and rule 9J-
4935.006(5)(l), Florida Administrative Code, which provide for a
494functional mix of land uses and which are applied through the
495adoption by the local government of zoning and land development
496regulations applicable to the rural land stewardship area.
497     d.  A process which encourages visioning pursuant to s.
498163.3167(11) to ensure that innovative planning and development
499strategies comply with the provisions of this section.
500     e.  The control of sprawl through the use of innovative
501strategies and creative land use techniques consistent with the
502provisions of this subsection and rule 9J-5.006(5)(l), Florida
503Administrative Code.
504     5.  A receiving area shall be designated by the adoption of
505a land development regulation. Prior to the designation of a
506receiving area, the local government shall provide the
507Department of Community Affairs a period of 30 days in which to
508review a proposed receiving area for consistency with the rural
509land stewardship area plan amendment and to provide comments to
510the local government.
511     6.  Upon the adoption of a plan amendment creating a rural
512land stewardship area, the local government shall, by ordinance,
513establish the methodology for the creation, conveyance, and use
514of transferable rural land use credits, otherwise referred to as
515stewardship credits, the application of assign to the area a
516certain number of credits, to be known as "transferable rural
517land use credits," which shall not constitute a right to develop
518land, nor increase density of land, except as provided by this
519section. The total amount of transferable rural land use credits
520within assigned to the rural land stewardship area must enable
521the realization of the long-term vision and goals for correspond
522to the 25-year or greater projected population of the rural land
523stewardship area. Transferable rural land use credits are
524subject to the following limitations:
525     a.  Transferable rural land use credits may only exist
526within a rural land stewardship area.
527     b.  Transferable rural land use credits may only be used on
528lands designated as receiving areas and then solely for the
529purpose of implementing innovative planning and development
530strategies and creative land use planning techniques adopted by
531the local government pursuant to this section.
532     c.  Transferable rural land use credits assigned to a
533parcel of land within a rural land stewardship area shall cease
534to exist if the parcel of land is removed from the rural land
535stewardship area by plan amendment.
536     d.  Neither the creation of the rural land stewardship area
537by plan amendment nor the assignment of transferable rural land
538use credits by the local government shall operate to displace
539the underlying density of land uses assigned to a parcel of land
540within the rural land stewardship area; however, if transferable
541rural land use credits are transferred from a parcel for use
542within a designated receiving area, the underlying density
543assigned to the parcel of land shall cease to exist.
544     e.  The underlying density on each parcel of land located
545within a rural land stewardship area shall not be increased or
546decreased by the local government, except as a result of the
547conveyance or use of transferable rural land use credits, as
548long as the parcel remains within the rural land stewardship
549area.
550     f.  Transferable rural land use credits shall cease to
551exist on a parcel of land where the underlying density assigned
552to the parcel of land is utilized.
553     g.  An increase in the density of use on a parcel of land
554located within a designated receiving area may occur only
555through the assignment or use of transferable rural land use
556credits and shall not require a plan amendment.
557     h.  A change in the density of land use on parcels located
558within receiving areas shall be specified in a development order
559which reflects the total number of transferable rural land use
560credits assigned to the parcel of land and the infrastructure
561and support services necessary to provide for a functional mix
562of land uses corresponding to the plan of development.
563     i.  Land within a rural land stewardship area may be
564removed from the rural land stewardship area through a plan
565amendment.
566     j.  Transferable rural land use credits may be assigned at
567different ratios of credits per acre according to the natural
568resource or other beneficial use characteristics of the land and
569according to the land use remaining following the transfer of
570credits, with the highest number of credits per acre assigned to
571the most environmentally valuable land, or in locations where
572the retention of and a lesser number of credits to be assigned
573to open space and agricultural land is a priority, to such
574lands.
575     k.  The use or conveyance of transferable rural land use
576credits must be recorded in the public records of the county in
577which the property is located as a covenant or restrictive
578easement running with the land in favor of the county and either
579the Department of Environmental Protection, Department of
580Agriculture and Consumer Services, a water management district,
581or a recognized statewide land trust.
582     7.  Owners of land within rural land stewardship areas
583should be provided incentives to enter into rural land
584stewardship agreements, pursuant to existing law and rules
585adopted thereto, with state agencies, water management
586districts, and local governments to achieve mutually agreed upon
587conservation objectives. Such incentives may include, but not be
588limited to, the following:
589     a.  Opportunity to accumulate transferable mitigation
590credits.
591     b.  Extended permit agreements.
592     c.  Opportunities for recreational leases and ecotourism.
593     d.  Payment for specified land management services on
594publicly owned land, or property under covenant or restricted
595easement in favor of a public entity.
596     e.  Option agreements for sale to public entities or
597private land conservation entities, in either fee or easement,
598upon achievement of conservation objectives.
599     8.  The department shall report to the Legislature on an
600annual basis on the results of implementation of rural land
601stewardship areas authorized by the department, including
602successes and failures in achieving the intent of the
603Legislature as expressed in this paragraph.
604     9.  In recognition of the benefits of conceptual long-range
605planning, restoration and maintenance of the economic value of
606rural land; control of urban sprawl; identification and
607protection of ecosystems, habitats, and natural resources;
608promotion of rural economic activity; maintenance of the
609viability of the agricultural economy of this state; and
610protection of the character of rural areas of this state that
611will result from a rural land stewardship area, and to further
612encourage the innovative planning and development strategies in
613a rural land stewardship area, development within a rural land
614stewardship area is exempt from the requirements of s. 380.06.
615     (12)  A public school facilities element adopted to
616implement a school concurrency program shall meet the
617requirements of this subsection.
618     (a)  Each county and each municipality within the county
619must adopt a consistent public school facilities element and
620enter an interlocal agreement pursuant to s. 163.31777. The
621state land planning agency may provide a waiver to a county and
622to the municipalities within the county if the utilization rate
623for all schools within the district is less than 100 percent and
624the projected 5-year capital outlay full-time equivalent student
625growth rate is less than 10 percent. At its discretion, the
626state land planning agency may grant a waiver to a county or
627municipality for a single school to exceed the 100 percent
628limitation if it can be demonstrated that the capacity for that
629single school is not greater than 105 percent. A municipality in
630a nonexempt county is exempt if the municipality meets all of
631the following criteria for having no significant impact on
632school attendance:
633     1.  The municipality has issued development orders for
634fewer than 50 residential dwelling units during the preceding 5
635years or the municipality has generated fewer than 25 additional
636public school students during the preceding 5 years.
637     2.  The municipality has not annexed new land during the
638preceding 5 years in land use categories that permit residential
639uses that will affect school attendance rates.
640     3.  The municipality has no public schools located within
641its boundaries.
642     4.  At least 80 percent of the developable land within the
643boundaries of the municipality has been developed.
644     (b)(a)  A public school facilities element shall be based
645upon data and analyses that address, among other items, how
646level-of-service standards will be achieved and maintained. Such
647data and analyses must include, at a minimum, such items as: the
648interlocal agreement adopted pursuant to s. 163.31777 and the 5-
649year school district facilities work program adopted pursuant to
650s. 1013.35; the educational plant survey prepared pursuant to s.
6511013.31 and an existing educational and ancillary plant map or
652map series; information on existing development and development
653anticipated for the next 5 years and the long-term planning
654period; an analysis of problems and opportunities for existing
655schools and schools anticipated in the future; an analysis of
656opportunities to collocate future schools with other public
657facilities such as parks, libraries, and community centers; an
658analysis of the need for supporting public facilities for
659existing and future schools; an analysis of opportunities to
660locate schools to serve as community focal points; projected
661future population and associated demographics, including
662development patterns year by year for the upcoming 5-year and
663long-term planning periods; and anticipated educational and
664ancillary plants with land area requirements.
665     (c)(b)  The element shall contain one or more goals which
666establish the long-term end toward which public school programs
667and activities are ultimately directed.
668     (d)(c)  The element shall contain one or more objectives
669for each goal, setting specific, measurable, intermediate ends
670that are achievable and mark progress toward the goal.
671     (e)(d)  The element shall contain one or more policies for
672each objective which establish the way in which programs and
673activities will be conducted to achieve an identified goal.
674     (f)(e)  The objectives and policies shall address items
675such as:
676     1.  The procedure for an annual update process;
677     2.  The procedure for school site selection;
678     3.  The procedure for school permitting;
679     4.  Provision of supporting infrastructure necessary to
680support proposed schools, including potable water, wastewater,
681drainage, solid waste, transportation, and means by which to
682ensure safe access to schools, including sidewalks, bicycle
683paths, turn lanes, and signalization;
684     5.  Provision of colocation of other public facilities,
685such as parks, libraries, and community centers, in proximity to
686public schools;
687     6.  Provision of location of schools proximate to
688residential areas and to complement patterns of development,
689including the location of future school sites so they serve as
690community focal points;
691     7.  Measures to ensure compatibility of school sites and
692surrounding land uses;
693     8.  Coordination with adjacent local governments and the
694school district on emergency preparedness issues, including the
695use of public schools to serve as emergency shelters; and
696     9.  Coordination with the future land use element.
697     (g)(f)  The element shall include one or more future
698conditions maps which depict the anticipated location of
699educational and ancillary plants, including the general location
700of improvements to existing schools or new schools anticipated
701over the 5-year or long-term planning period. The maps will of
702necessity be general for the long-term planning period and more
703specific for the 5-year period. Maps indicating general
704locations of future schools or school improvements may not
705prescribe a land use on a particular parcel of land.
706     (h)  The state land planning agency shall establish phased
707schedules for adoption of the public school facilities element
708and the required updates to the public schools interlocal
709agreement pursuant to s. 163.31777. The schedule for the updated
710public schools interlocal agreement shall provide for each
711county and municipality within the county to submit the
712agreement no later than December 1, 2006. The schedule for the
713public schools facilities element must provide for each county
714and municipality to submit the adopted element to the state land
715planning agency by December 1, 2008. The state land planning
716agency may grant a 1-year extension for the adoption of the
717element if a request is justified by good and sufficient cause
718as determined by the agency. The state land planning agency
719shall set the same date for all governmental entities within a
720school district. However, if the county where the school
721district is located contains more than 20 municipalities, the
722state land planning agency may establish staggered due dates for
723the submission of interlocal agreements by these municipalities.
724Plan amendments to adopt a public school facilities element are
725exempt from the provisions of s. 163.3187(1).
726     (i)  Failure to timely adopt updating amendments to the
727comprehensive plan that are necessary to implement school
728concurrency prior to December 1, 2008, unless a one-year
729extension has been granted, shall result in a local government
730being prohibited from adopting amendments to the comprehensive
731plan that increase residential density until the necessary
732amendments have been adopted and the adopted amendments have
733been transmitted to the state land planning agency.
734     (j)  The state land planning agency may issue the school
735board a notice to show cause why sanctions should not be
736enforced for failure to enter into an approved interlocal
737agreement as required by s. 163.31777 or for failure to
738implement the provisions of this act relating to public school
739concurrency. The school board may be subject to sanctions
740imposed by the Administration Commission directing the
741Department of Education to withhold from the district school
742board an equivalent amount of funds for school construction
743available to s. 1013.65, 1013.68, 1013.70, and 1013.72.
744     (13)  Local governments are encouraged to develop a
745community vision that provides for sustainable growth,
746recognizes the local government's fiscal constraints, and
747protects the local government's natural resources pursuant to s.
748163.167(11). At the request of a local government, the
749applicable regional planning council shall provide assistance in
750the development of a community vision.
751     Section 5.  Section 163.31777, Florida Statutes, is amended
752to read:
753     163.31777  Public schools interlocal agreement.--
754     (1)(a)  The school board, county, and nonexempt
755municipalities located within the geographic area of a school
756district shall enter into an interlocal agreement with the
757district school board which jointly establishes the specific
758ways in which the plans and processes of the district school
759board and the local governments are to be coordinated. The
760interlocal agreements shall be submitted to the state land
761planning agency and the Office of Educational Facilities and the
762SMART Schools Clearinghouse in accordance with a schedule
763published by the state land planning agency.
764     (b)  The schedule must establish staggered due dates for
765submission of interlocal agreements that are executed by both
766the local government and the district school board, commencing
767on March 1, 2003, and concluding by December 1, 2004, and must
768set the same date for all governmental entities within a school
769district. However, if the county where the school district is
770located contains more than 20 municipalities, the state land
771planning agency may establish staggered due dates for the
772submission of interlocal agreements by these municipalities. The
773schedule must begin with those areas where both the number of
774districtwide capital-outlay full-time-equivalent students equals
77580 percent or more of the current year's school capacity and the
776projected 5-year student growth is 1,000 or greater, or where
777the projected 5-year student growth rate is 10 percent or
778greater.
779     (b)(c)  If the student population has declined over the 5-
780year period preceding the due date for submittal of an
781interlocal agreement by the local government and the district
782school board, the local government and the district school board
783may petition the state land planning agency for a waiver of one
784or more requirements of subsection (2). The waiver must be
785granted if the procedures called for in subsection (2) are
786unnecessary because of the school district's declining school
787age population, considering the district's 5-year facilities
788work program prepared pursuant to s. 1013.35. The state land
789planning agency may modify or revoke the waiver upon a finding
790that the conditions upon which the waiver was granted no longer
791exist. The district school board and local governments must
792submit an interlocal agreement within 1 year after notification
793by the state land planning agency that the conditions for a
794waiver no longer exist.
795     (c)(d)  Interlocal agreements between local governments and
796district school boards adopted pursuant to s. 163.3177 before
797the effective date of this section must be updated and executed
798pursuant to the requirements of this section, if necessary.
799Amendments to interlocal agreements adopted pursuant to this
800section must be submitted to the state land planning agency
801within 30 days after execution by the parties for review
802consistent with this section. Local governments and the district
803school board in each school district are encouraged to adopt a
804single updated interlocal agreement to which all join as
805parties. The state land planning agency shall assemble and make
806available model interlocal agreements meeting the requirements
807of this section and notify local governments and, jointly with
808the Department of Education, the district school boards of the
809requirements of this section, the dates for compliance, and the
810sanctions for noncompliance. The state land planning agency
811shall be available to informally review proposed interlocal
812agreements. If the state land planning agency has not received a
813proposed interlocal agreement for informal review, the state
814land planning agency shall, at least 60 days before the deadline
815for submission of the executed agreement, renotify the local
816government and the district school board of the upcoming
817deadline and the potential for sanctions.
818     (2)  At a minimum, The interlocal agreement shall
819acknowledge the school board's constitutional and statutory
820obligations to provide a uniform system of free public schools
821on a countywide basis and the land use authority of local
822governments, including their authority to approve or deny
823comprehensive plan amendments and development orders. The
824interlocal agreement must address the following issues:
825     (a)  Establish the mechanisms for coordinating the
826development, adoption, and amendment of each local government's
827public school facilities element with each other and the plans
828of the school board to ensure a uniform districtwide school
829concurrency system.
830     (b)  Establish a process for the development of siting
831criteria which encourages the location of public schools
832proximate to urban residential areas to the extent possible and
833seeks to collocate schools with other public facilities such as
834parks, libraries, and community centers to the extent possible.
835     (c)  Specify uniform, districtwide level-of-service
836standards for public schools of the same type and the process
837for modifying the adopted levels-of-service standards.
838     (d)  A process for establishing a financially feasible
839public school capital facilities program and a process and
840schedule for incorporation of the public school capital
841facilities program into the local government comprehensive plans
842on an annual basis.
843     (e)  If school concurrency is to be applied on a less than
844districtwide basis in the form of concurrency service areas, the
845agreement shall establish criteria and standards for the
846establishment and modification of school concurrency service
847areas. The agreement shall also establish a process and schedule
848for the mandatory incorporation of the school concurrency
849service areas and the criteria and standards for establishment
850of the service areas into the local government comprehensive
851plans. The agreement shall ensure maximum utilization of school
852capacity, taking into account transportation costs and court-
853approved desegregation plans, as well as other applicable
854factors.
855     (f)  Establish a uniform districtwide procedure for
856implementing school concurrency which provides for:
857     1.  The evaluation of development applications for
858compliance with school concurrency requirements, including
859information provided by the school board on affected schools.
860     2.  The monitoring and evaluation of the school concurrency
861system.
862     (g)  A process and uniform methodology for determining
863proportionate-share mitigation pursuant to s. 380.06.
864     (h)(a)  A process by which each local government and the
865district school board agree and base their plans on consistent
866projections of the amount, type, and distribution of population
867growth and student enrollment. The geographic distribution of
868jurisdiction-wide growth forecasts is a major objective of the
869process.
870     (i)(b)  A process to coordinate and share information
871relating to existing and planned public school facilities,
872including school renovations and closures, and local government
873plans for development and redevelopment.
874     (j)(c)  Participation by affected local governments with
875the district school board in the process of evaluating potential
876school closures, significant renovations to existing schools,
877and new school site selection before land acquisition. Local
878governments shall advise the district school board as to the
879consistency of the proposed closure, renovation, or new site
880with the local comprehensive plan, including appropriate
881circumstances and criteria under which a district school board
882may request an amendment to the comprehensive plan for school
883siting.
884     (k)(d)  A process for determining the need for and timing
885of onsite and offsite improvements to support new, proposed
886expansion, or redevelopment of existing schools. The process
887must address identification of the party or parties responsible
888for the improvements.
889     (e)  A process for the school board to inform the local
890government regarding school capacity. The capacity reporting
891must be consistent with laws and rules relating to measurement
892of school facility capacity and must also identify how the
893district school board will meet the public school demand based
894on the facilities work program adopted pursuant to s. 1013.35.
895     (l)(f)  Participation of the local governments in the
896preparation of the annual update to the district school board's
8975-year district facilities work program and educational plant
898survey prepared pursuant to s. 1013.35.
899     (m)(g)  A process for determining where and how joint use
900of either school board or local government facilities can be
901shared for mutual benefit and efficiency.
902     (n)(h)  A procedure for the resolution of disputes between
903the district school board and local governments, which may
904include the dispute resolution processes contained in chapters
905164 and 186.
906     (o)(i)  An oversight process, including an opportunity for
907public participation, for the implementation of the interlocal
908agreement.
909     (p)  A process for development of a public school
910facilities element pursuant to 163.3177(12).
911     (q)  Provisions for siting and modification or enhancements
912to existing school facilities so as to encourage urban infill
913and redevelopment.
914     (r)  A process for the use and conversion of historic
915school facilities that are no longer suitable for educational
916purposes as determined by the district school board.
917     (s)  A process for informing the local government regarding
918the effect of comprehensive plan amendments and rezonings on
919school capacity. The capacity reporting must be consistent with
920laws and rules relating to measurement of school facility
921capacity and must also identify how the district school board
922will meet the public school demand based on the facilities work
923program adopted pursuant to s. 1013.35.
924     (t)  A process to ensure an opportunity for the school
925board to review and comment on the effect of comprehensive plan
926amendments and rezonings on the public school facilities plan.
927
928For those local governments that receive a waiver pursuant to s.
929163.3177(2)(a), the interlocal agreement shall not include the
930issues provided for in paragraphs (a), (c), (d), (e), (f), (g),
931and (p). For counties or municipalities that do not have a
932public schools interlocal agreement or public school facility
933element, the assessment shall determine whether the local
934government continues to meet the criteria of s. 163.3177(12). If
935the county or municipality determines that it no longer meets
936the criteria, the county or municipality must adopt appropriate
937school concurrency goals, objectives, and policies in its plan
938amendments pursuant to the requirements of the public school
939facility element and enter into the existing interlocal
940agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
941order to fully participate in the school concurrency system. A
942signatory to the interlocal agreement may elect not to include a
943provision meeting the requirements of paragraph (e); however,
944such a decision may be made only after a public hearing on such
945election, which may include the public hearing in which a
946district school board or a local government adopts the
947interlocal agreement. An interlocal agreement entered into
948pursuant to this section must be consistent with the adopted
949comprehensive plan and land development regulations of any local
950government that is a signatory.
951     (3)(a)  The updated interlocal agreement, adopted pursuant
952to the schedule adopted in accordance with s. 163.3177(12)(h),
953and any subsequent amendments must be submitted to the state
954land planning agency and the Office of Educational Facilities
955within 30 days after execution by the parties for review
956consistent with this section. The office and SMART Schools
957Clearinghouse shall submit any comments or concerns regarding
958the executed interlocal agreement or amendments to the state
959land planning agency within 30 days after receipt of the
960executed interlocal agreement or amendments. The state land
961planning agency shall review the updated executed interlocal
962agreement to determine whether it is consistent with the
963requirements of subsection (2), the adopted local government
964comprehensive plan, and other requirements of law. Within 60
965days after receipt of an updated executed interlocal agreement
966or amendment, the state land planning agency shall publish a
967notice on the agency's Internet website that states of intent in
968the Florida Administrative Weekly and shall post a copy of the
969notice on the agency's Internet site. The notice of intent must
970state whether the interlocal agreement is consistent or
971inconsistent with the requirements of subsection (2) and this
972subsection, as appropriate.
973     (b)  The state land planning agency's notice is subject to
974challenge under chapter 120; however, an affected person, as
975defined in s. 163.3184(1)(a), has standing to initiate the
976administrative proceeding, and this proceeding is the sole means
977available to challenge the consistency of an interlocal
978agreement required by this section with the criteria contained
979in subsection (2) and this subsection. In order to have
980standing, each person must have submitted oral or written
981comments, recommendations, or objections to the local government
982or the school board before the adoption of the interlocal
983agreement by the school board and local government. The district
984school board and local governments are parties to any such
985proceeding. In this proceeding, when the state land planning
986agency finds the interlocal agreement to be consistent with the
987criteria in subsection (2) and this subsection, the interlocal
988agreement shall be determined to be consistent with subsection
989(2) and this subsection if the local government's and school
990board's determination of consistency is fairly debatable. When
991the state planning agency finds the interlocal agreement to be
992inconsistent with the requirements of subsection (2) and this
993subsection, the local government's and school board's
994determination of consistency shall be sustained unless it is
995shown by a preponderance of the evidence that the interlocal
996agreement is inconsistent.
997     (c)  If the state land planning agency enters a final order
998that finds that the interlocal agreement is inconsistent with
999the requirements of subsection (2) or this subsection, it shall
1000forward it to the Administration Commission, which may impose
1001sanctions against the local government pursuant to s.
1002163.3184(11) and may impose sanctions against the district
1003school board by directing the Department of Education to
1004withhold from the district school board an equivalent amount of
1005funds for school construction available pursuant to ss. 1013.65,
10061013.68, 1013.70, and 1013.72.
1007     (4)  If an updated executed interlocal agreement is not
1008timely submitted to the state land planning agency for review,
1009the state land planning agency shall, within 15 working days
1010after the deadline for submittal, issue to the local government
1011and the district school board a Notice to Show Cause why
1012sanctions should not be imposed for failure to submit an
1013executed interlocal agreement by the deadline established by the
1014agency. The agency shall forward the notice and the responses to
1015the Administration Commission, which may enter a final order
1016citing the failure to comply and imposing sanctions against the
1017local government and district school board by directing the
1018appropriate agencies to withhold at least 5 percent of state
1019funds pursuant to s. 163.3184(11) and by directing the
1020Department of Education to withhold from the district school
1021board at least 5 percent of funds for school construction
1022available pursuant to ss. 1013.65, 1013.68, 1013.70, and
10231013.72.
1024     (5)  Any local government transmitting a public school
1025element to implement school concurrency pursuant to the
1026requirements of s. 163.3180 before July 1, 2005 the effective
1027date of this section is not required to amend the element or any
1028interlocal agreement to conform with the provisions of this
1029section if the element is adopted prior to or within 1 year
1030after the effective date of this section and remains in effect.
1031     (6)  Except as provided in subsection (7), municipalities
1032meeting the exemption criteria in s. 163.3177(12) having no
1033established need for a new school facility and meeting the
1034following criteria are exempt from the requirements of
1035subsections (1), (2), and (3).:
1036     (a)  The municipality has no public schools located within
1037its boundaries.
1038     (b)  The district school board's 5-year facilities work
1039program and the long-term 10-year and 20-year work programs, as
1040provided in s. 1013.35, demonstrate that no new school facility
1041is needed in the municipality. In addition, the district school
1042board must verify in writing that no new school facility will be
1043needed in the municipality within the 5-year and 10-year
1044timeframes.
1045     (7)  At the time of the evaluation and appraisal report,
1046each exempt municipality shall assess the extent to which it
1047continues to meet the criteria for exemption under s.
1048163.3177(12) subsection (6). If the municipality continues to
1049meet these criteria and the district school board verifies in
1050writing that no new school facilities will be needed within the
10515-year and 10-year timeframes, the municipality shall continue
1052to be exempt from the interlocal-agreement requirement. Each
1053municipality exempt under s. 163.3177(12) subsection (6) must
1054comply with the provisions of this section within 1 year after
1055the district school board proposes, in its 5-year district
1056facilities work program, a new school within the municipality's
1057jurisdiction.
1058     Section 6.  Paragraph (a) of subsection (1), paragraphs (a)
1059and (c) of subsection (2), paragraph (c) of subsection (4),
1060subsections (5), (6), (7), (9), (10), and (13), and paragraph
1061(a) of subsection (15) of section 163.3180, Florida Statutes,
1062are amended, and subsections (16) and (17) are added to said
1063section, to read:
1064     163.3180  Concurrency.--
1065     (1)(a)  Sanitary sewer, solid waste, drainage, potable
1066water, parks and recreation, schools, and transportation
1067facilities, including mass transit, where applicable, are the
1068only public facilities and services subject to the concurrency
1069requirement on a statewide basis. Additional public facilities
1070and services may not be made subject to concurrency on a
1071statewide basis without appropriate study and approval by the
1072Legislature; however, any local government may extend the
1073concurrency requirement so that it applies to additional public
1074facilities within its jurisdiction.
1075     (2)(a)  Consistent with public health and safety, sanitary
1076sewer, solid waste, drainage, adequate water supplies, and
1077potable water facilities shall be in place and available to
1078serve new development no later than the issuance by the local
1079government of a certificate of occupancy or its functional
1080equivalent.
1081     (c)  Consistent with the public welfare, and except as
1082otherwise provided in this section, transportation facilities
1083designated as part of the Florida Intrastate Highway System
1084needed to serve new development shall be in place or under
1085actual construction within 3 not more than 5 years after
1086issuance by the local government of a building permit
1087certificate of occupancy or its functional equivalent for
1088construction of a facility that results in actual traffic
1089generation. This provision shall not apply to developments of
1090regional impact for which a development order has been issued or
1091for which a development of regional impact application has been
1092found sufficient prior to the effective date of this act. Other
1093transportation facilities needed to serve new development shall
1094be in place or under actual construction no more than 3 years
1095after issuance by the local government of a certificate of
1096occupancy or its functional equivalent.
1097     (4)
1098     (c)  The concurrency requirement, except as it relates to
1099transportation and public school facilities, as implemented in
1100local government comprehensive plans, may be waived by a local
1101government for urban infill and redevelopment areas designated
1102pursuant to s. 163.2517 if such a waiver does not endanger
1103public health or safety as defined by the local government in
1104its local government comprehensive plan. The waiver shall be
1105adopted as a plan amendment pursuant to the process set forth in
1106s. 163.3187(3)(a). A local government may grant a concurrency
1107exception pursuant to subsection (5) for transportation
1108facilities located within these urban infill and redevelopment
1109areas. Within designated urban infill and redevelopment areas,
1110the local government and Department of Transportation shall
1111cooperatively establish a plan for maintaining the adopted
1112level-of-service standards established by the Department of
1113Transportation for Strategic Intermodal System facilities, as
1114defined in s. 339.64.
1115     (5)(a)  The Legislature finds that under limited
1116circumstances dealing with transportation facilities,
1117countervailing planning and public policy goals may come into
1118conflict with the requirement that adequate public facilities
1119and services be available concurrent with the impacts of such
1120development. The Legislature further finds that often the
1121unintended result of the concurrency requirement for
1122transportation facilities is the discouragement of urban infill
1123development and redevelopment. Such unintended results directly
1124conflict with the goals and policies of the state comprehensive
1125plan and the intent of this part. Therefore, exceptions from the
1126concurrency requirement for transportation facilities may be
1127granted as provided by this subsection.
1128     (b)  A local government may grant an exception from the
1129concurrency requirement for transportation facilities if the
1130proposed development is otherwise consistent with the adopted
1131local government comprehensive plan and is a project that
1132promotes public transportation or is located within an area
1133designated in the comprehensive plan for:
1134     1.  Urban infill development,
1135     2.  Urban redevelopment,
1136     3.  Downtown revitalization, or
1137     4.  Urban infill and redevelopment under s. 163.2517.
1138     (c)  The Legislature also finds that developments located
1139within urban infill, urban redevelopment, existing urban
1140service, or downtown revitalization areas or areas designated as
1141urban infill and redevelopment areas under s. 163.2517 which
1142pose only special part-time demands on the transportation system
1143should be excepted from the concurrency requirement for
1144transportation facilities. A special part-time demand is one
1145that does not have more than 200 scheduled events during any
1146calendar year and does not affect the 100 highest traffic volume
1147hours.
1148     (d)  A local government shall establish guidelines for
1149granting the exceptions authorized in paragraphs (b) and (c) in
1150the comprehensive plan. These guidelines must include
1151consideration of the Strategic Intermodal System impacts on the
1152Florida Intrastate Highway System, as defined in s. 338.001. The
1153exceptions may be available only within the specific geographic
1154area of the jurisdiction designated in the plan. Pursuant to s.
1155163.3184, any affected person may challenge a plan amendment
1156establishing these guidelines and the areas within which an
1157exception could be granted. Prior to the designation of a
1158concurrency management area, the Department of Transportation
1159shall be consulted by the local government to assess the impact
1160that the proposed concurrency management area is expected to
1161have on the adopted level-of-service standards established for
1162Strategic Intermodal System facilities, as defined in s. 339.64.
1163Within designated urban infill and redevelopment areas, the
1164local government and Department of Transportation shall
1165cooperatively establish a plan for maintaining the adopted
1166level-of-service standards established by the Department of
1167Transportation for Strategic Intermodal System facilities
1168pursuant to s. 339.64.
1169     (e)  It is a high state priority that urban infill and
1170redevelopment be promoted and provide incentives. By promoting
1171the revitalization of existing communities of this state, a more
1172efficient maximization of space and facilities may be achieved
1173and urban sprawl will be discouraged. If a local government
1174creates a long-term vision for its community that includes
1175adequate funding and services and multimodal transportation
1176options, the transportation facilities concurrency requirements
1177of paragraph (2)(c) are waived for:
1178     1.a.  Urban infill development as designated in the
1179comprehensive plan;
1180     b.  Urban redevelopment as designated in the comprehensive
1181plan;
1182     c.  Downtown revitalization as designated in the
1183comprehensive plan; or
1184     d.  Urban infill and redevelopment under s. 163.2517 as
1185designated in the comprehensive plan.
1186
1187The local government and Department of Transportation shall
1188cooperatively establish a plan for maintaining the adopted
1189level-of-service standards established by the Department of
1190Transportation for Strategic Intermodal System facilities, as
1191defined in s. 339.64.
1192     2.  Municipalities that are at least 90 percent built-out.
1193For purposes of this exemption:
1194     a.  The term "built-out" means that 90 percent of the
1195property within the municipality's boundaries, excluding lands
1196that are designated as conservation, preservation, recreation,
1197or public facilities categories, have been developed, or are the
1198subject of an approved development order that has received a
1199building permit and the municipality has an average density of 5
1200units per acre for residential developments.
1201     b.  The municipality must have adopted an ordinance that
1202provides the methodology for determining its built-out
1203percentage, declares that transportation concurrency
1204requirements are waived within its municipal boundary or within
1205a designated area of the municipality, and addresses multimodal
1206options and strategies, including alternative modes of
1207transportation within the municipality. Prior to the adoption of
1208the ordinance, the Department of Transportation shall be
1209consulted by the local government to assess the impact that the
1210waiver of the transportation concurrency requirements is
1211expected to have on the adopted level-of-service standards
1212established for Strategic Intermodal System facilities, as
1213defined in s. 339.64. Further, the local government shall
1214cooperatively establish a plan for maintaining the adopted
1215level-of-service standards established by the department for
1216Strategic Intermodal System facilities, as defined in s. 339.64.
1217     c.  If a municipality annexes any property, the
1218municipality must recalculate its built-out percentage pursuant
1219to the methodology set forth in its ordinance to verify whether
1220the annexed property may be included within this exemption.
1221     d.  If transportation concurrency requirements are waived
1222under this subparagraph, the municipality must adopt a
1223comprehensive plan amendment pursuant to s. 163.3187(1)(c) which
1224updates its transportation element to reflect the transportation
1225concurrency requirements waiver and must submit a copy of its
1226ordinance adopted in subparagraph b. to the state land planning
1227agency.
1228     (6)  The Legislature finds that a de minimis impact is
1229consistent with this part. A de minimis impact is an impact that
1230would not affect more than 1 percent of the maximum volume at
1231the adopted level of service of the affected transportation
1232facility as determined by the local government. No impact will
1233be de minimis if the sum of existing roadway volumes and the
1234projected volumes from approved projects on a transportation
1235facility would exceed 110 percent of the maximum volume at the
1236adopted level of service of the affected transportation
1237facility; provided however, that an impact of a single family
1238home on an existing lot will constitute a de minimis impact on
1239all roadways regardless of the level of the deficiency of the
1240roadway. Local governments are encouraged to adopt methodologies
1241to encourage de minimis impacts on transportation facilities
1242within an existing urban service area. Further, no impact will
1243be de minimis if it would exceed the adopted level-of-service
1244standard of any affected designated hurricane evacuation routes.
1245Each local government shall annually adjust its concurrency
1246management system calculation of existing background traffic to
1247reflect projects permitted under the de minimis exemption.
1248     (7)  In order to promote infill development and
1249redevelopment, one or more transportation concurrency management
1250areas may be designated in a local government comprehensive
1251plan. A transportation concurrency management area must be a
1252compact geographic area with an existing network of roads where
1253multiple, viable alternative travel paths or modes are available
1254for common trips. A local government may establish an areawide
1255level-of-service standard for such a transportation concurrency
1256management area based upon an analysis that provides for a
1257justification for the areawide level of service, how urban
1258infill development or redevelopment will be promoted, and how
1259mobility will be accomplished within the transportation
1260concurrency management area. The state land planning agency
1261shall amend chapter 9J-5, Florida Administrative Code, to be
1262consistent with this subsection.
1263     (9)(a)  Each local government may adopt as a part of its
1264plan a long-term transportation and school concurrency
1265management systems system with a planning period of up to 10
1266years for specially designated districts or areas where
1267significant backlogs exist. The plan may include interim level-
1268of-service standards on certain facilities and shall may rely on
1269the local government's schedule of capital improvements for up
1270to 10 years as a basis for issuing development orders that
1271authorize commencement of construction permits in these
1272designated districts or areas. The concurrency management
1273system. It must be designed to correct existing deficiencies and
1274set priorities for addressing backlogged facilities. The
1275concurrency management system It must be financially feasible
1276and consistent with other portions of the adopted local plan,
1277including the future land use map.
1278     (b)  If a local government has a transportation or school
1279facility backlog for existing development which cannot be
1280adequately addressed in a 10-year plan, the state land planning
1281agency may allow it to develop a plan and long-term schedule of
1282capital improvements covering of up to 15 years for good and
1283sufficient cause, based on a general comparison between that
1284local government and all other similarly situated local
1285jurisdictions, using the following factors:
1286     1.  The extent of the backlog.
1287     2.  For roads, whether the backlog is on local or state
1288roads.
1289     3.  The cost of eliminating the backlog.
1290     4.  The local government's tax and other revenue-raising
1291efforts.
1292     (c)  The local government may issue approvals to commence
1293construction, notwithstanding s. 163.3180, consistent with and
1294in areas that are subject to a long-term concurrency management
1295system.
1296     (d)  If the local government adopts a long-term concurrency
1297management system, the government must evaluate the system
1298periodically. At a minimum, the local government must assess its
1299progress toward improving levels of service within the long-term
1300concurrency management district or area in the evaluation and
1301appraisal report and determine any changes that are necessary to
1302accelerate progress in meeting acceptable levels of service or
1303providing other methods of transportation.
1304     (10)  With regard to roadway facilities on the Strategic
1305Intermodal System designated in accordance with ss. 339.61,
1306339.62, 339.63, and 339.64 Florida Intrastate Highway System as
1307defined in s. 338.001, with concurrence from the Department of
1308Transportation, the level-of-service standard for general lanes
1309in urbanized areas, as defined in s. 334.03(36), may be
1310established by the local government in the comprehensive plan.
1311For all other facilities on the Florida Intrastate Highway
1312System, local governments shall adopt the level-of-service
1313standard established by the Department of Transportation by
1314rule. For all other roads on the State Highway System, local
1315governments shall establish an adequate level-of-service
1316standard that need not be consistent with any level-of-service
1317standard established by the Department of Transportation.
1318     (13)  In accordance with the schedule adopted in accordance
1319with s. 163.3177(12)(h), school concurrency, if imposed by local
1320option, shall be established on a districtwide basis and shall
1321include all public schools in the district and all portions of
1322the district, whether located in a municipality or an
1323unincorporated area unless exempt from the public school
1324facilities element pursuant to s. 163.3177(12), except that this
1325subsection shall not apply to the Florida School for the Deaf
1326and the Blind. The development of school concurrency shall be
1327accomplished through a coordinated process including the local
1328school district, the county, and all nonexempt municipalities
1329within the county and shall be reflected in the public school
1330facilities element adopted pursuant to the schedule provided for
1331in s. 163.3177(12)(h). The school concurrency requirement shall
1332not be effective until the adoption of the public school
1333facilities element. The application of school concurrency to
1334development shall be based upon the adopted comprehensive plan,
1335as amended. All local governments within a county, except as
1336provided in paragraph (f), shall adopt and transmit to the state
1337land planning agency the necessary plan amendments, along with
1338the interlocal agreement, for a compliance review pursuant to s.
1339163.3184(7) and (8). School concurrency shall not become
1340effective in a county until all local governments, except as
1341provided in paragraph (f), have adopted the necessary plan
1342amendments, which together with the interlocal agreement, are
1343determined to be in compliance with the requirements of this
1344part. The minimum requirements for school concurrency are the
1345following:
1346     (a)  Public school facilities element.--A local government
1347shall adopt and transmit to the state land planning agency a
1348plan or plan amendment which includes a public school facilities
1349element which is consistent with the requirements of s.
1350163.3177(12) and which is determined to be in compliance as
1351defined in s. 163.3184(1)(b). All local government public school
1352facilities plan elements within a county must be consistent with
1353each other as well as the requirements of this part.
1354     (b)  Level-of-service standards.--The Legislature
1355recognizes that an essential requirement for a concurrency
1356management system is the level of service at which a public
1357facility is expected to operate.
1358     1.  Local governments and school boards imposing school
1359concurrency shall exercise authority in conjunction with each
1360other to establish jointly adequate level-of-service standards,
1361as defined in chapter 9J-5, Florida Administrative Code,
1362necessary to implement the adopted local government
1363comprehensive plan, based on data and analysis.
1364     2.  Public school level-of-service standards shall be
1365included and adopted into the capital improvements element of
1366the local comprehensive plan and shall apply districtwide to all
1367schools of the same type. Types of schools may include charter,
1368elementary, middle, and high schools as well as special purpose
1369facilities such as magnet schools.
1370     3.  Local governments and school boards shall have the
1371option to utilize tiered level-of-service standards to allow
1372time to achieve an adequate and desirable level of service as
1373circumstances warrant.
1374     (c)  Service areas.--The Legislature recognizes that an
1375essential requirement for a concurrency system is a designation
1376of the area within which the level of service will be measured
1377when an application for a residential development permit is
1378reviewed for school concurrency purposes. This delineation is
1379also important for purposes of determining whether the local
1380government has a financially feasible public school capital
1381facilities program that will provide schools which will achieve
1382and maintain the adopted level-of-service standards.
1383     1.  In order to balance competing interests, preserve the
1384constitutional concept of uniformity, and avoid disruption of
1385existing educational and growth management processes, local
1386governments are encouraged to initially apply school concurrency
1387to development only on a districtwide basis so that a
1388concurrency determination for a specific development will be
1389based upon the availability of school capacity districtwide. To
1390ensure that development is coordinated with schools having
1391available capacity, within 5 years after adoption of school
1392concurrency local governments shall apply school concurrency on
1393a less than districtwide basis, such as using school attendance
1394zones or concurrency service areas, as provided in subparagraph
13952.
1396     2.  For local governments applying school concurrency on a
1397less than districtwide basis, such as utilizing school
1398attendance zones or larger school concurrency service areas,
1399local governments and school boards shall have the burden to
1400demonstrate that the utilization of school capacity is maximized
1401to the greatest extent possible in the comprehensive plan and
1402amendment, taking into account transportation costs and court-
1403approved desegregation plans, as well as other factors. In
1404addition, in order to achieve concurrency within the service
1405area boundaries selected by local governments and school boards,
1406the service area boundaries, together with the standards for
1407establishing those boundaries, shall be identified and, included
1408as supporting data and analysis for, and adopted as part of the
1409comprehensive plan. Any subsequent change to the service area
1410boundaries for purposes of a school concurrency system shall be
1411by plan amendment and shall be exempt from the limitation on the
1412frequency of plan amendments in s. 163.3187(1).
1413     3.  Where school capacity is available on a districtwide
1414basis but school concurrency is applied on a less than
1415districtwide basis in the form of concurrency service areas, if
1416the adopted level-of-service standard cannot be met in a
1417particular service area as applied to an application for a
1418development permit through mitigation or other measures and if
1419the needed capacity for the particular service area is available
1420in one or more contiguous service areas, as adopted by the local
1421government, then the development order  may not shall be denied
1422on the basis of school concurrency, and if issued, development
1423impacts shall be shifted to contiguous service areas with
1424schools having available capacity and mitigation measures shall
1425not be exacted.
1426     (d)  Financial feasibility.--The Legislature recognizes
1427that financial feasibility is an important issue because the
1428premise of concurrency is that the public facilities will be
1429provided in order to achieve and maintain the adopted level-of-
1430service standard. This part and chapter 9J-5, Florida
1431Administrative Code, contain specific standards to determine the
1432financial feasibility of capital programs. These standards were
1433adopted to make concurrency more predictable and local
1434governments more accountable.
1435     1.  A comprehensive plan amendment seeking to impose school
1436concurrency shall contain appropriate amendments to the capital
1437improvements element of the comprehensive plan, consistent with
1438the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
1439Administrative Code. The capital improvements element shall set
1440forth a financially feasible public school capital facilities
1441program, established in conjunction with the school board, that
1442demonstrates that the adopted level-of-service standards will be
1443achieved and maintained.
1444     2.  Such amendments shall demonstrate that the public
1445school capital facilities program meets all of the financial
1446feasibility standards of this part and chapter 9J-5, Florida
1447Administrative Code, that apply to capital programs which
1448provide the basis for mandatory concurrency on other public
1449facilities and services.
1450     3.  When the financial feasibility of a public school
1451capital facilities program is evaluated by the state land
1452planning agency for purposes of a compliance determination, the
1453evaluation shall be based upon the service areas selected by the
1454local governments and school board.
1455     (e)  Availability standard.--Consistent with the public
1456welfare, a local government may not deny an application for site
1457plan or final subdivision approval, or a functional equivalent
1458for a development or phase of a development, permit authorizing
1459residential development for failure to achieve and maintain the
1460level-of-service standard for public school capacity in a local
1461option school concurrency management system where adequate
1462school facilities will be in place or under actual construction
1463within 3 years after the permit issuance by the local government
1464of site plan or final subdivision approval or its functional
1465equivalent. School concurrency shall be satisfied if the
1466developer executes a legally binding commitment to provide
1467mitigation proportionate to the demand for public school
1468facilities to be created by actual development of the property,
1469including, but not limited to, the options described in
1470subparagraph 1. Approval of a funding agreement shall not be
1471unreasonably withheld. Any dispute shall be mediated pursuant to
1472s. 120.573. Options for proportionate-share mitigation of
1473impacts on public school facilities shall be established in the
1474interlocal agreement pursuant to s. 163.31777.
1475     1.  Appropriate mitigation options include the contribution
1476of land; the construction, expansion, or payment for land
1477acquisition or construction of a public school facility; or the
1478creation of mitigation banking based on the construction of a
1479public school facility in exchange for the right to sell
1480capacity credits. Such options must include execution by the
1481applicant and the local government of a binding development
1482agreement that constitutes a legally binding commitment to pay
1483proportionate-share mitigation for the additional residential
1484units approved by the local government in a development order
1485and actually developed on the property, taking into account
1486residential density allowed on the property prior to the plan
1487amendment that increased overall residential density. Mitigation
1488for development impacts to public schools requires the
1489concurrence of the local school board. As a condition of its
1490entry into such a development agreement, the local government
1491may require the landowner to agree to continuing renewal of the
1492agreement upon its expiration.
1493     2.  If the education facilities plan and the public
1494educational facilities element authorize a contribution of land;
1495the construction, expansion, or payment for land acquisition; or
1496the construction or expansion of a public school facility, or a
1497portion of such facility, as proportionate-share mitigation, the
1498local government shall credit such a contribution, construction,
1499expansion, or payment toward any other impact fee or exaction
1500imposed by local ordinance for the same need, on a dollar-for-
1501dollar basis at fair market value.
1502     3.  Any proportionate-share mitigation must be directed by
1503the school board toward a school capacity improvement that is
1504identified in the financially feasible 5-year district work plan
1505and that will be provided in accordance with a legally binding
1506agreement.
1507     (f)  Intergovernmental coordination.--
1508     1.  When establishing concurrency requirements for public
1509schools, a local government shall satisfy the requirements for
1510intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1511and 2., except that a municipality is not required to be a
1512signatory to the interlocal agreement required by ss. s.
1513163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1514imposition of school concurrency, and as a nonsignatory, shall
1515not participate in the adopted local school concurrency system,
1516if the municipality meets all of the following criteria for
1517having no significant impact on school attendance:
1518     a.  The municipality has issued development orders for
1519fewer than 50 residential dwelling units during the preceding 5
1520years, or the municipality has generated fewer than 25
1521additional public school students during the preceding 5 years.
1522     b.  The municipality has not annexed new land during the
1523preceding 5 years in land use categories which permit
1524residential uses that will affect school attendance rates.
1525     c.  The municipality has no public schools located within
1526its boundaries.
1527     d.  At least 80 percent of the developable land within the
1528boundaries of the municipality has been built upon.
1529     2.  A municipality which qualifies as having no significant
1530impact on school attendance pursuant to the criteria of
1531subparagraph 1. must review and determine at the time of its
1532evaluation and appraisal report pursuant to s. 163.3191 whether
1533it continues to meet the criteria pursuant to s. 163.31777(6).
1534If the municipality determines that it no longer meets the
1535criteria, it must adopt appropriate school concurrency goals,
1536objectives, and policies in its plan amendments based on the
1537evaluation and appraisal report, and enter into the existing
1538interlocal agreement required by ss. s. 163.3177(6)(h)2. and
1539163.31777, in order to fully participate in the school
1540concurrency system. If such a municipality fails to do so, it
1541will be subject to the enforcement provisions of s. 163.3191.
1542     (g)  Interlocal agreement for school concurrency.--When
1543establishing concurrency requirements for public schools, a
1544local government must enter into an interlocal agreement which
1545satisfies the requirements in s. 163.3177(6)(h)1. and 2. and the
1546requirements of this subsection. The interlocal agreement shall
1547acknowledge both the school board's constitutional and statutory
1548obligations to provide a uniform system of free public schools
1549on a countywide basis, and the land use authority of local
1550governments, including their authority to approve or deny
1551comprehensive plan amendments and development orders. The
1552interlocal agreement shall be submitted to the state land
1553planning agency by the local government as a part of the
1554compliance review, along with the other necessary amendments to
1555the comprehensive plan required by this part. In addition to the
1556requirements of s. 163.3177(6)(h), the interlocal agreement
1557shall meet the following requirements:
1558     1.  Establish the mechanisms for coordinating the
1559development, adoption, and amendment of each local government's
1560public school facilities element with each other and the plans
1561of the school board to ensure a uniform districtwide school
1562concurrency system.
1563     2.  Establish a process by which each local government and
1564the school board shall agree and base their plans on consistent
1565projections of the amount, type, and distribution of population
1566growth and coordinate and share information relating to existing
1567and planned public school facilities projections and proposals
1568for development and redevelopment, and infrastructure required
1569to support public school facilities.
1570     3.  Establish a process for the development of siting
1571criteria which encourages the location of public schools
1572proximate to urban residential areas to the extent possible and
1573seeks to collocate schools with other public facilities such as
1574parks, libraries, and community centers to the extent possible.
1575     4.  Specify uniform, districtwide level-of-service
1576standards for public schools of the same type and the process
1577for modifying the adopted levels-of-service standards.
1578     5.  Establish a process for the preparation, amendment, and
1579joint approval by each local government and the school board of
1580a public school capital facilities program which is financially
1581feasible, and a process and schedule for incorporation of the
1582public school capital facilities program into the local
1583government comprehensive plans on an annual basis.
1584     6.  Define the geographic application of school
1585concurrency. If school concurrency is to be applied on a less
1586than districtwide basis in the form of concurrency service
1587areas, the agreement shall establish criteria and standards for
1588the establishment and modification of school concurrency service
1589areas. The agreement shall also establish a process and schedule
1590for the mandatory incorporation of the school concurrency
1591service areas and the criteria and standards for establishment
1592of the service areas into the local government comprehensive
1593plans. The agreement shall ensure maximum utilization of school
1594capacity, taking into account transportation costs and court-
1595approved desegregation plans, as well as other factors. The
1596agreement shall also ensure the achievement and maintenance of
1597the adopted level-of-service standards for the geographic area
1598of application throughout the 5 years covered by the public
1599school capital facilities plan and thereafter by adding a new
1600fifth year during the annual update.
1601     7.  Establish a uniform districtwide procedure for
1602implementing school concurrency which provides for:
1603     a.  The evaluation of development applications for
1604compliance with school concurrency requirements;
1605     b.  An opportunity for the school board to review and
1606comment on the effect of comprehensive plan amendments and
1607rezonings on the public school facilities plan; and
1608     c.  The monitoring and evaluation of the school concurrency
1609system.
1610     8.  Include provisions relating to termination, suspension,
1611and amendment of the agreement. The agreement shall provide that
1612if the agreement is terminated or suspended, the application of
1613school concurrency shall be terminated or suspended.
1614     (15)
1615     (a)  Multimodal transportation districts may be established
1616under a local government comprehensive plan in areas delineated
1617on the future land use map for which the local comprehensive
1618plan assigns secondary priority to vehicle mobility and primary
1619priority to assuring a safe, comfortable, and attractive
1620pedestrian environment, with convenient interconnection to
1621transit. Such districts must incorporate community design
1622features that will reduce the number of automobile trips or
1623vehicle miles of travel and will support an integrated,
1624multimodal transportation system. Prior to the designation of
1625multimodal transportation districts, the local government shall
1626consult with the Department of Transportation to assess the
1627impact that the proposed multimodal district area is expected to
1628have on the adopted level-of-service standards established for
1629Strategic Intermodal System facilities, as defined in s. 339.64.
1630Within designated urban infill and redevelopment areas, the
1631local government and Department of Transportation shall
1632cooperatively establish a plan for maintaining the adopted
1633level-of-service standards established by the Department of
1634Transportation for Strategic Intermodal System facilities, as
1635defined in s. 339.64. Multimodal transportation districts
1636existing prior to July 1, 2005, shall meet at a minimum, the
1637provision of this section by July 1, 2006, or at the time of the
1638comprehensive plan update pursuant to the evaluation and
1639appraisal report, whichever occurs last.
1640     (16)(a)  It is the intent of the Legislature to provide a
1641method by which the impacts of development on transportation
1642facilities can be mitigated by the cooperative efforts of the
1643public and private sectors.
1644     (b)  When authorized in a local government comprehensive
1645plan, local governments may create mitigation banks for
1646transportation facilities to satisfy the concurrency provisions
1647of this section, using the process and methodology developed in
1648accordance with s. 163.3177(6)(b). The Department of
1649Transportation, in consultation with local governments, shall
1650develop a process and uniform methodology for determining
1651proportionate-share mitigation for development impacts on
1652transportation corridors that traverse one or more political
1653subdivisions.
1654     (c)  Mitigation contributions shall be used to satisfy the
1655transportation concurrency requirements of this section and may
1656be applied as a credit against impact fees. Mitigation for
1657development impacts to facilities on the Strategic Intermodal
1658System made pursuant to this subsection requires the concurrence
1659of the Department of Transportation. However, this does not
1660authorize the Department of Transportation to arbitrarily charge
1661a fee or require additional mitigation. Concurrence by the
1662Department of Transportation may not be withheld unduly.
1663     (d)  Transportation facilities concurrency shall be
1664satisfied if the developer executes a legally binding commitment
1665to provide mitigation proportionate to the demand for
1666transportation facilities to be created by actual development of
1667the property, including, but not limited to, the options for
1668mitigation established in the transportation element or traffic
1669circulation element. Approval of a funding agreement shall not
1670be unreasonably withheld. Any dispute shall be mediated pursuant
1671to s. 120.573. Appropriate transportation mitigation
1672contributions may include public or private funds; the
1673contribution of right-of-way; the construction of a
1674transportation facility or payment for the right-of-way or
1675construction of a transportation facility or service; or the
1676provision of transit service. Such options shall include
1677execution of an enforceable development agreement for projects
1678to be funded by a developer.
1679     (17)  A development may satisfy the concurrency
1680requirements of the local comprehensive plan, the local
1681government's land development regulations, and s. 380.06 by
1682entering into a legally binding commitment to provide mitigation
1683proportionate to the direct impact of the development. A local
1684government may not require a development to pay more than its
1685proportionate-share contribution regardless of the method
1686mitigation.
1687     Section 7.  Paragraph (b) of subsection (1), subsection
1688(4), and paragraph (a) of subsection (6) of section 163.3184,
1689Florida Statutes, are amended to read:
1690     163.3184  Process for adoption of comprehensive plan or
1691plan amendment.--
1692     (1)  DEFINITIONS.--As used in this section, the term:
1693     (b)  "In compliance" means consistent with the requirements
1694of s. ss. 163.3177, 163.31776, when a local government adopts an
1695educational facilities element, 163.3178, 163.3180, 163.3191,
1696and 163.3245, with the state comprehensive plan, with the
1697appropriate strategic regional policy plan, and with chapter 9J-
16985, Florida Administrative Code, where such rule is not
1699inconsistent with this part and with the principles for guiding
1700development in designated areas of critical state concern and
1701with part III of chapter 369, where applicable.
1702     (4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
1703specified in paragraph (3)(a) shall provide comments to the
1704state land planning agency within 30 days after receipt by the
1705state land planning agency of the complete proposed plan
1706amendment. If the plan or plan amendment includes or relates to
1707the public school facilities element pursuant to s. 163.3177
1708163.31776, the state land planning agency shall submit a copy to
1709the Office of Educational Facilities of the Commissioner of
1710Education for review and comment. The appropriate regional
1711planning council shall also provide its written comments to the
1712state land planning agency within 30 days after receipt by the
1713state land planning agency of the complete proposed plan
1714amendment and shall specify any objections, recommendations for
1715modifications, and comments of any other regional agencies to
1716which the regional planning council may have referred the
1717proposed plan amendment. Written comments submitted by the
1718public within 30 days after notice of transmittal by the local
1719government of the proposed plan amendment will be considered as
1720if submitted by governmental agencies. All written agency and
1721public comments must be made part of the file maintained under
1722subsection (2).
1723     (6)  STATE LAND PLANNING AGENCY REVIEW.--
1724     (a)  The state land planning agency may shall review a
1725proposed plan amendment upon request of a regional planning
1726council, affected person, or local government transmitting the
1727plan amendment. The request from the regional planning council
1728or affected person must be received within 30 days after
1729transmittal of the proposed plan amendment pursuant to
1730subsection (3). A regional planning council or affected person
1731requesting a review shall do so by submitting a written request
1732to the agency with a notice of the request to the local
1733government and any other person who has requested notice.
1734     Section 8.  Paragraphs (c) and (l) of subsection (1) of
1735section 163.3187, Florida Statutes, are amended, and paragraph
1736(o) is added to said subsection, to read:
1737     163.3187  Amendment of adopted comprehensive plan.--
1738     (1)  Amendments to comprehensive plans adopted pursuant to
1739this part may be made not more than two times during any
1740calendar year, except:
1741     (c)  Any local government comprehensive plan amendments
1742directly related to proposed small scale development activities
1743may be approved without regard to statutory limits on the
1744frequency of consideration of amendments to the local
1745comprehensive plan. A small scale development amendment may be
1746adopted only under the following conditions:
1747     1.  The proposed amendment involves a use of 10 acres or
1748fewer and:
1749     a.  The cumulative annual effect of the acreage for all
1750small scale development amendments adopted by the local
1751government shall not exceed:
1752     (I)  A maximum of 120 acres in a local government that
1753contains areas specifically designated in the local
1754comprehensive plan for urban infill, urban redevelopment, or
1755downtown revitalization as defined in s. 163.3164, urban infill
1756and redevelopment areas designated under s. 163.2517,
1757transportation concurrency exception areas approved pursuant to
1758s. 163.3180(5), or regional activity centers and urban central
1759business districts approved pursuant to s. 380.06(2)(e);
1760however, amendments under this paragraph may be applied to no
1761more than 60 acres annually of property outside the designated
1762areas listed in this sub-sub-subparagraph. Amendments adopted
1763pursuant to paragraph (k) shall not be counted toward the
1764acreage limitations for small scale amendments under this
1765paragraph.
1766     (II)  A maximum of 80 acres in a local government that does
1767not contain any of the designated areas set forth in sub-sub-
1768subparagraph (I).
1769     (III)  A maximum of 120 acres in a county established
1770pursuant to s. 9, Art. VIII of the State Constitution.
1771     b.  The proposed amendment does not involve the same
1772property granted a change within the prior 12 months.
1773     c.  The proposed amendment does not involve the same
1774owner's property within 200 feet of property granted a change
1775within the prior 12 months.
1776     d.  The proposed amendment does not involve a text change
1777to the goals, policies, and objectives of the local government's
1778comprehensive plan, but only proposes a land use change to the
1779future land use map for a site-specific small scale development
1780activity.
1781     e.  The property that is the subject of the proposed
1782amendment is not located within an area of critical state
1783concern, unless the project subject to the proposed amendment
1784involves the construction of affordable housing units meeting
1785the criteria of s. 420.0004(3), and is located within an area of
1786critical state concern designated by s. 380.0552 or by the
1787Administration Commission pursuant to s. 380.05(1). Such
1788amendment is not subject to the density limitations of sub-
1789subparagraph f., and shall be reviewed by the state land
1790planning agency for consistency with the principles for guiding
1791development applicable to the area of critical state concern
1792where the amendment is located and shall not become effective
1793until a final order is issued under s. 380.05(6).
1794     f.  If the proposed amendment involves a residential land
1795use, the residential land use has a density of 10 units or less
1796per acre, except that this limitation does not apply to small
1797scale amendments involving the construction of affordable
1798housing units meeting the criteria of s. 420.0004(3) on property
1799which will be the subject of a land use restriction agreement or
1800extended use agreement recorded in conjunction with the issuance
1801of tax exempt bond financing or an allocation of federal tax
1802credits issued through the Florida Housing Finance Corporation
1803or a local housing finance authority authorized by the Division
1804of Bond Finance of the State Board of Administration, or small
1805scale amendments described in sub-sub-subparagraph a.(I) that
1806are designated in the local comprehensive plan for urban infill,
1807urban redevelopment, or downtown revitalization as defined in s.
1808163.3164, urban infill and redevelopment areas designated under
1809s. 163.2517, transportation concurrency exception areas approved
1810pursuant to s. 163.3180(5), or regional activity centers and
1811urban central business districts approved pursuant to s.
1812380.06(2)(e).
1813     2.a.  A local government that proposes to consider a plan
1814amendment pursuant to this paragraph is not required to comply
1815with the procedures and public notice requirements of s.
1816163.3184(15)(c) for such plan amendments if the local government
1817complies with the provisions in s. 125.66(4)(a) for a county or
1818in s. 166.041(3)(c) for a municipality. If a request for a plan
1819amendment under this paragraph is initiated by other than the
1820local government, public notice is required.
1821     b.  The local government shall send copies of the notice
1822and amendment to the state land planning agency, the regional
1823planning council, and any other person or entity requesting a
1824copy. This information shall also include a statement
1825identifying any property subject to the amendment that is
1826located within a coastal high hazard area as identified in the
1827local comprehensive plan.
1828     3.  Small scale development amendments adopted pursuant to
1829this paragraph require only one public hearing before the
1830governing board, which shall be an adoption hearing as described
1831in s. 163.3184(7), and are not subject to the requirements of s.
1832163.3184(3)-(6) unless the local government elects to have them
1833subject to those requirements.
1834     (l)  A comprehensive plan amendment to adopt a public
1835educational facilities element pursuant to s. 163.3177 163.31776
1836and future land-use-map amendments for school siting may be
1837approved notwithstanding statutory limits on the frequency of
1838adopting plan amendments.
1839     (o)1.  For municipalities that are more than 90 percent
1840built-out, any municipality's comprehensive plan amendments may
1841be approved without regard to statutory limits on the frequency
1842of consideration of amendments to the local comprehensive plan
1843only if the proposed amendment involves a use of 100 acres or
1844fewer and:
1845     a.  The cumulative annual effect of the acreage for all
1846amendments adopted pursuant to this paragraph does not exceed
1847500 acres.
1848     b.  The proposed amendment does not involve the same
1849property granted a change within the prior 12 months.
1850     c.  The proposed amendment does not involve the same
1851owner's property within 200 feet of property granted a change
1852within the prior 12 months.
1853     d.  The proposed amendment does not involve a text change
1854to the goals, policies, and objectives of the local government's
1855comprehensive plan but only proposes a land use change to the
1856future land use map for a site-specific small scale development
1857activity.
1858     e.  The property that is the subject of the proposed
1859amendment is not located within an area of critical state
1860concern.
1861     2.  For purposes of this paragraph, the term "built-out"
1862means 90 percent of the property within the municipality's
1863boundaries, excluding lands that are designated as conservation,
1864preservation, recreation, or public facilities categories, have
1865been developed, or are the subject of an approved development
1866order that has received a building permit, and the municipality
1867has an average density of 5 units per acre for residential
1868development.
1869     3.a.  A local government that proposes to consider a plan
1870amendment pursuant to this paragraph is not required to comply
1871with the procedures and public notice requirements of s.
1872163.3184(15)(c) for such plan amendments if the local government
1873complies with the provisions of s. 166.041(3)(c). If a request
1874for a plan amendment under this paragraph is initiated by other
1875than the local government, public notice is required.
1876     b.  The local government shall send copies of the notice
1877and amendment to the state land planning agency, the regional
1878planning council, and any other person or entity requesting a
1879copy. This information shall also include a statement
1880identifying any property subject to the amendment that is
1881located within a coastal high hazard area as identified in the
1882local comprehensive plan.
1883     4.  Amendments adopted pursuant to this paragraph require
1884only one public hearing before the governing board, which shall
1885be an adoption hearing as described in s. 163.3184(7), and are
1886not subject to the requirements of s. 163.3184(3)-(6) unless the
1887local government elects to have them subject to those
1888requirements.
1889     5.  This paragraph shall not apply if a municipality
1890annexes unincorporated property that decreases the percentage of
1891build-out to an amount below 90 percent.
1892     5.  A municipality shall notify the state land planning
1893agency in writing of its built-out percentage prior to the
1894submission of any comprehensive plan amendments under this
1895subsection.
1896     Section 9.  Paragraphs (k) and (l) of subsection (2) and
1897subsection (10) of section 163.3191, Florida Statutes, are
1898amended, and paragraph (o) is added to subsection (2) of said
1899section, to read:
1900     163.3191  Evaluation and appraisal of comprehensive plan.--
1901     (2)  The report shall present an evaluation and assessment
1902of the comprehensive plan and shall contain appropriate
1903statements to update the comprehensive plan, including, but not
1904limited to, words, maps, illustrations, or other media, related
1905to:
1906     (k)  The coordination of the comprehensive plan with
1907existing public schools and those identified in the applicable
1908educational facilities plan adopted pursuant to s. 1013.35. The
1909assessment shall address, where relevant, the success or failure
1910of the coordination of the future land use map and associated
1911planned residential development with public schools and their
1912capacities, as well as the joint decisionmaking processes
1913engaged in by the local government and the school board in
1914regard to establishing appropriate population projections and
1915the planning and siting of public school facilities. For
1916counties or municipalities that do not have a public schools
1917interlocal agreement or public school facility element, the
1918assessment shall determine whether the local government
1919continues to meet the criteria of s. 163.3177(12). If the county
1920or municipality determines that it no longer meets the criteria,
1921the county or municipality must adopt appropriate school
1922concurrency goals, objectives, and policies in its plan
1923amendments pursuant to the requirements of the public school
1924facility element and enter into the existing interlocal
1925agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
1926order to fully participate in the school concurrency system If
1927the issues are not relevant, the local government shall
1928demonstrate that they are not relevant.
1929     (l)  The extent to which the local government has been
1930successful in identifying water supply sources, including
1931conservation and reuse, necessary to meet existing and projected
1932water use demand for the comprehensive plan's water supply work
1933plan. The water supply sources evaluated in the report must be
1934consistent with evaluation must consider the appropriate water
1935management district's regional water supply plan approved
1936pursuant to s. 373.0361. The report must evaluate the degree to
1937which the local government has implemented the work plan for
1938water supply facilities included in the potable water element.
1939The potable water element must be revised to include a work
1940plan, covering at least a 10-year planning period, for building
1941any water supply facilities that are identified in the element
1942as necessary to serve existing and new development and for which
1943the local government is responsible.
1944     (o)  The extent to which a concurrency exception area
1945designated pursuant to s. 163.3180(5), a concurrency management
1946area designated pursuant to s. 163.3180(7), or a multimodal
1947district designated pursuant to s. 163.3180(15) has achieved the
1948purposes for which it was created and otherwise complies with
1949the provisions of s. 163.3180.
1950     (10)  The governing body shall amend its comprehensive plan
1951based on the recommendations in the report and shall update the
1952comprehensive plan based on the components of subsection (2),
1953pursuant to the provisions of ss. 163.3184, 163.3187, and
1954163.3189. Amendments to update a comprehensive plan based on the
1955evaluation and appraisal report shall be adopted within 18
1956months after the report is determined to be sufficient by the
1957state land planning agency, except the state land planning
1958agency may grant an extension for adoption of a portion of such
1959amendments. The state land planning agency may grant a 6-month
1960extension for the adoption of such amendments if the request is
1961justified by good and sufficient cause as determined by the
1962agency. An additional extension may also be granted if the
1963request will result in greater coordination between
1964transportation and land use, for the purposes of improving
1965Florida's transportation system, as determined by the agency in
1966coordination with the Metropolitan Planning Organization
1967program. Beginning July 1, 2006, failure to timely adopt
1968updating amendments to the comprehensive plan based on the
1969evaluation and appraisal report shall result in a local
1970government being prohibited from adopting amendments to the
1971comprehensive plan until the evaluation and appraisal report
1972updating amendments have been transmitted to the state land
1973planning agency. The prohibition on plan amendments shall
1974commence when the updating amendments to the comprehensive plan
1975are past due. The comprehensive plan as amended shall be in
1976compliance as defined in s. 163.3184(1)(b). Within 6 months
1977after the effective date of the updating amendments to the
1978comprehensive plan, the local government shall provide to the
1979state land planning agency and to all agencies designated by
1980rule a complete copy of the updated comprehensive plan.
1981     Section 10.  Section 163.3247, Florida Statutes, is created
1982to read:
1983     163.3247  Century Commission for a Sustainable Florida.--
1984     (1)  POPULAR NAME.--This section may be cited as the
1985"Century Commission for a Sustainable Florida Act."
1986     (2)  FINDINGS AND INTENT.--The Legislature finds and
1987declares that the population of this state is expected to more
1988than double over the next 100 years, with commensurate impacts
1989to the state's natural resources and public infrastructure.
1990Consequently, it is in the best interests of the people of the
1991state to ensure sound planning for the proper placement of this
1992growth and protection of the state's land, water, and other
1993natural resources since such resources are essential to our
1994collective quality of life and a strong economy. The state's
1995growth management system should foster economic stability
1996through regional solutions and strategies, urban renewal and
1997infill, and the continued viability of agricultural economies,
1998while allowing for rural economic development and protecting the
1999unique characteristics of rural areas, and should reduce the
2000complexity of the regulatory process while carrying out the
2001intent of the laws and encouraging greater citizen
2002participation.
2003     (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
2004CREATION; ORGANIZATION.--The Century Commission for a
2005Sustainable Florida is created as a standing body to help the
2006citizens of this state envision and plan their collective future
2007with an eye towards both 20-year and 50-year horizons.
2008     (a)  The commission shall consist of nine members, three
2009appointed by the Governor, three appointed by the President of
2010the Senate, and three appointed by the Speaker of the House of
2011Representatives. Appointments shall be made no later than
2012October 1, 2005. One member shall be designated by the Governor
2013as chair of the commission. Any vacancy that occurs on the
2014commission must be filled in the same manner as the original
2015appointment and shall be for the unexpired term of that
2016commission seat. Members shall serve 4-year terms, except that,
2017initially, to provide for staggered terms, three of the
2018appointees, one each by the Governor, the President of the
2019Senate, and the Speaker of the House of Representatives, shall
2020serve 2-year terms, three shall serve 3-year terms, and three
2021shall serve 4-year terms. All subsequent appointments shall be
2022for 4-year terms. An appointee may not serve more than 6 years.
2023     (b)  The first meeting of the commission shall be held no
2024later than December 1, 2005, and shall meet at the call of the
2025chair but not less frequently than three times per year in
2026different regions of the state to solicit input from the public
2027or any other individuals offering testimony relevant to the
2028issues to be considered.
2029     (c)  Each member of the commission is entitled to one vote
2030and actions of the commission are not binding unless taken by a
2031three-fifths vote of the members present. A majority of the
2032members is required to constitute a quorum, and the affirmative
2033vote of a quorum is required for a binding vote.
2034     (d)  Members of the commission shall serve without
2035compensation but shall be entitled to receive per diem and
2036travel expenses in accordance with s. 112.061 while in
2037performance of their duties.
2038     (4)  POWERS AND DUTIES.--The commission shall:
2039     (a)  Annually conduct a process through which the
2040commission envisions the future for the state and then develops
2041and recommends policies, plans, action steps, or strategies to
2042assist in achieving the vision.
2043     (b)  Continuously review and consider statutory and
2044regulatory provisions, governmental processes, and societal and
2045economic trends in its inquiry of how state, regional, and local
2046governments and entities and citizens of this state can best
2047accommodate projected increased populations while maintaining
2048the natural, historical, cultural, and manmade life qualities
2049that best represent the state.
2050     (c)  Bring together people representing varied interests to
2051develop a shared image of the state and its developed and
2052natural areas. The process should involve exploring the impact
2053of the estimated population increase and other emerging trends
2054and issues; creating a vision for the future; and developing a
2055strategic action plan to achieve that vision using 20-year and
205650-year intermediate planning timeframes.
2057     (d)  Focus on essential state interests, defined as those
2058interests that transcend local or regional boundaries and are
2059most appropriately conserved, protected, and promoted at the
2060state level.
2061     (e)  Serve as an objective, nonpartisan repository of
2062exemplary community-building ideas and as a source to recommend
2063strategies and practices to assist others in working
2064collaboratively to problem solve on issues relating to growth
2065management.
2066     (f)  Annually, beginning January 16, 2007, and every year
2067thereafter on the same date, provide to the Governor, the
2068President of the Senate, and the Speaker of the House of
2069Representatives a written report containing specific
2070recommendations for addressing growth management in the state,
2071including executive and legislative recommendations. Further,
2072the report shall contain discussions regarding the need for
2073intergovernmental cooperation and the balancing of environmental
2074protection and future development and recommendations on issues,
2075including, but not limited to, recommendations regarding
2076dedicated sources of funding for sewer facilities, water supply
2077and quality, transportation facilities that are not adequately
2078addressed by the Strategic Intermodal System, and educational
2079infrastructure to support existing development and projected
2080population growth. This report shall be verbally presented to a
2081joint session of both houses annually as scheduled by the
2082President of the Senate and the Speaker of the House of
2083Representatives.
2084     (g)  Beginning with the 2007 Regular Session of the
2085Legislature, the President of the Senate and Speaker of the
2086House of Representatives shall create a joint select committee,
2087the task of which shall be to review the findings and
2088recommendations of the Century Commission for a Sustainable
2089Florida for potential action.
2090     (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
2091     (a)  The Secretary of Community Affairs shall select an
2092executive director of the commission, and the executive director
2093shall serve at the pleasure of the secretary under the
2094supervision and control of the commission.
2095     (b)  The Department of Community Affairs shall provide
2096staff and other resources necessary to accomplish the goals of
2097the commission based upon recommendations of the Governor.
2098     (c)  All agencies under the control of the Governor are
2099directed, and all other agencies are requested, to render
2100assistance to, and cooperate with, the commission.
2101     Section 11.  Paragraph (d) of subsection (1) of section
2102201.15, Florida Statutes, is amended to read:
2103     201.15  Distribution of taxes collected.--All taxes
2104collected under this chapter shall be distributed as follows and
2105shall be subject to the service charge imposed in s. 215.20(1),
2106except that such service charge shall not be levied against any
2107portion of taxes pledged to debt service on bonds to the extent
2108that the amount of the service charge is required to pay any
2109amounts relating to the bonds:
2110     (1)  Sixty-two and sixty-three hundredths percent of the
2111remaining taxes collected under this chapter shall be used for
2112the following purposes:
2113     (d)  The remainder of the moneys distributed under this
2114subsection, after the required payments under paragraphs (a),
2115(b), and (c), shall be paid into the State Treasury to the
2116credit of the State Transportation Trust Fund in the Department
2117of Transportation in the amount of $566.75 million each fiscal
2118year to be paid in quarterly installments and allocated for the
2119following specified purposes notwithstanding any other provision
2120of law:
2121     1.  New Starts Transit Program pursuant to s. 341.051, $50
2122million for fiscal year 2005-2006, $65 million for fiscal year
21232006-2007, $70 million each fiscal year for fiscal years 2007-
21242008 through 2009-2010, $80 million for fiscal year 2010-2011
2125and each fiscal year thereafter.
2126     2.  Small County Outreach Program pursuant to s. 339.2818,
2127$35 million for each fiscal year for fiscal years 2005-2006
2128through 2009-2010, $45 million for fiscal year 2010-2011 and
2129each fiscal year thereafter.
2130     3.  Transportation Incentive Program for a Sustainable
2131Florida pursuant to s. 339.28171 $161.75, million for fiscal
2132year 2006-2007, $150 million for fiscal year 2007-2008 and each
2133fiscal year thereafter.
2134     4.  Strategic Intermodal System pursuant to s. 339.64, all
2135remaining funds after allocations are made for subparagraphs 1.
2136through 3. The remainder of the moneys distributed under this
2137subsection, after the required payments under paragraphs (a),
2138(b), and (c), shall be paid into the State Treasury to the
2139credit of the General Revenue Fund of the state to be used and
2140expended for the purposes for which the General Revenue Fund was
2141created and exists by law or to the Ecosystem Management and
2142Restoration Trust Fund or to the Marine Resources Conservation
2143Trust Fund as provided in subsection (11).
2144     Section 12.  Subsection (3) of section 215.211, Florida
2145Statutes, is amended to read:
2146     215.211  Service charge; elimination or reduction for
2147specified proceeds.--
2148     (3)  Notwithstanding the provisions of s. 215.20(1), the
2149service charge provided in s. 215.20(1), which is deducted from
2150the proceeds of the local option fuel tax distributed under s.
2151336.025, shall be reduced as follows:
2152     (a)  For the period July 1, 2005, through June 30, 2006,
2153the rate of the service charge shall be 3.5 percent.
2154     (b)  Beginning July 1, 2006, and thereafter, no service
2155charge shall be deducted from the proceeds of the local option
2156fuel tax distributed under s. 336.025.
2157
2158The increased revenues derived from this subsection shall be
2159deposited in the State Transportation Trust Fund and used to
2160fund the Transportation Incentive Program for a Sustainable
2161Florida County Incentive Grant Program and the Small County
2162Outreach Program. Up to 20 percent of such funds shall be used
2163for the purpose of implementing the Small County Outreach
2164Program created pursuant to s. 339.2818 as provided in this act.
2165Notwithstanding any other laws to the contrary, the requirements
2166of ss. 339.135, 339.155, and 339.175 shall not apply to these
2167funds and programs.
2168     Section 13.  Section 337.107, Florida Statutes, is amended
2169to read:
2170     337.107  Contracts for right-of-way services.--The
2171department may enter into contracts pursuant to s. 287.055 for
2172right-of-way services on transportation corridors and
2173transportation facilities or the department may include right-
2174of-way services as part of design-build contracts awarded
2175pursuant to s. 337.11. Right-of-way services include negotiation
2176and acquisition services, appraisal services, demolition and
2177removal of improvements, and asbestos-abatement services.
2178     Section 14.  Paragraph (a) of subsection (7) of section
2179337.11, Florida Statutes, as amended by chapter 2002-20, Laws of
2180Florida, is amended to read:
2181     337.11  Contracting authority of department; bids;
2182emergency repairs, supplemental agreements, and change orders;
2183combined design and construction contracts; progress payments;
2184records; requirements of vehicle registration.--
2185     (7)(a)  If the head of the department determines that it is
2186in the best interests of the public, the department may combine
2187the right-of-way services and design and construction phases of
2188any a building, a major bridge, a limited access facility, or a
2189rail corridor project into a single contract, except for a
2190resurfacing or minor bridge project the right-of-way services
2191and design construction phases of which may be combined under s.
2192337.025. Such contract is referred to as a design-build
2193contract. Design-build contracts may be advertised and awarded
2194notwithstanding the requirements of paragraph (3)(c). However,
2195construction activities may not begin on any portion of such
2196projects for which the department has not yet obtained title
2197until title to the necessary rights-of-way and easements for the
2198construction of that portion of the project has vested in the
2199state or a local governmental entity and all railroad crossing
2200and utility agreements have been executed. Title to rights-of-
2201way shall be deemed to have vested in the state when the title
2202has been dedicated to the public or acquired by prescription.
2203Design-build contracts may be advertised and awarded
2204notwithstanding the requirements of paragraph (3)(c). However,
2205construction activities may not begin on any portion of such
2206projects until title to the necessary rights-of-way and
2207easements for the construction of that portion of the project
2208has vested in the state or a local governmental entity and all
2209railroad crossing and utility agreements have been executed.
2210Title to rights-of-way vests in the state when the title has
2211been dedicated to the public or acquired by prescription.
2212     Section 15.  Paragraph (j) of subsection (1) of section
2213339.08, Florida Statutes, is amended, and paragraph (m) of said
2214subsection is redesignated as paragraph (n) and new paragraph
2215(m) is added to said subsection, to read:
2216     339.08  Use of moneys in State Transportation Trust Fund.--
2217     (1)  The department shall expend moneys in the State
2218Transportation Trust Fund accruing to the department, in
2219accordance with its annual budget. The use of such moneys shall
2220be restricted to the following purposes:
2221     (j)  To pay the cost of county or municipal road projects
2222selected in accordance with the County Incentive Grant Program
2223created in s. 339.2817 and the Small County Outreach Program
2224created in s. 339.2818.
2225     (m)  To pay the cost of transportation projects selected in
2226accordance with the Transportation Incentive Program for a
2227Sustainable Florida created in s. 339.28171.
2228     Section 16.  Paragraph (b) of subsection (4) of section
2229339.135, Florida Statutes, is amended to read:
2230     339.135  Work program; legislative budget request;
2231definitions; preparation, adoption, execution, and amendment.--
2232     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
2233     (b)1.  A tentative work program, including the ensuing
2234fiscal year and the successive 4 fiscal years, shall be prepared
2235for the State Transportation Trust Fund and other funds managed
2236by the department, unless otherwise provided by law. The
2237tentative work program shall be based on the district work
2238programs and shall set forth all projects by phase to be
2239undertaken during the ensuing fiscal year and planned for the
2240successive 4 fiscal years. The total amount of the liabilities
2241accruing in each fiscal year of the tentative work program may
2242not exceed the revenues available for expenditure during the
2243respective fiscal year based on the cash forecast for that
2244respective fiscal year.
2245     2.  The tentative work program shall be developed in
2246accordance with the Florida Transportation Plan required in s.
2247339.155 and must comply with the program funding levels
2248contained in the program and resource plan.
2249     3.  The department may include in the tentative work
2250program proposed changes to the programs contained in the
2251previous work program adopted pursuant to subsection (5);
2252however, the department shall minimize changes and adjustments
2253that affect the scheduling of project phases in the 4 common
2254fiscal years contained in the previous adopted work program and
2255the tentative work program. The department, in the development
2256of the tentative work program, shall advance by 1 fiscal year
2257all projects included in the second year of the previous year's
2258adopted work program, unless the secretary specifically
2259determines that it is necessary, for specific reasons, to
2260reschedule or delete one or more projects from that year. Such
2261changes and adjustments shall be clearly identified, and the
2262effect on the 4 common fiscal years contained in the previous
2263adopted work program and the tentative work program shall be
2264shown. It is the intent of the Legislature that the first 5
2265years of the adopted work program for facilities designated as
2266part of the Florida Intrastate Highway System and the first 3
2267years of the adopted work program stand as the commitment of the
2268state to undertake transportation projects that local
2269governments may rely on for planning and concurrency purposes
2270and in the development and amendment of the capital improvements
2271elements of their local government comprehensive plans.
2272     4.  The tentative work program must include a balanced 36-
2273month forecast of cash and expenditures and a 5-year finance
2274plan supporting the tentative work program.
2275     Section 17.  Paragraphs (c), (d), and (e) are added to
2276subsection (5) of section 339.155, Florida Statutes, to read:
2277     339.155  Transportation planning.--
2278     (5)  ADDITIONAL TRANSPORTATION PLANS.--
2279     (c)  Regional transportation plans may be developed in
2280regional transportation areas in accordance with an interlocal
2281agreement entered into pursuant to s. 163.01 by the department
2282and two or more contiguous metropolitan planning organizations,
2283one or more metropolitan planning organizations and one or more
2284contiguous counties that are not members of a metropolitan
2285planning organization, a multicounty regional transportation
2286authority created by or pursuant to law, two or more contiguous
2287counties that are not members of a metropolitan planning
2288organization, or metropolitan planning organizations comprised
2289of three or more counties.
2290     (d)  The department shall develop a model draft interlocal
2291agreement that, at a minimum, shall identify the entity that
2292will coordinate the development of the regional transportation
2293plan; delineate the boundaries of the regional transportation
2294area; provide the duration of the agreement and specify how the
2295agreement may be terminated, modified, or rescinded; describe
2296the process by which the regional transportation plan will be
2297developed; and provide how members of the entity will resolve
2298disagreements regarding interpretation of the interlocal
2299agreement or disputes relating to the development or content of
2300the regional transportation plan. The designated entity shall
2301coordinate the adoption of the interlocal agreement using as its
2302framework the department model. Such interlocal agreement shall
2303become effective upon approval by supermajority vote of the
2304affected local governments.
2305     (e)  The regional transportation plan developed pursuant to
2306this section shall, at a minimum, identify regionally
2307significant transportation facilities located within a regional
2308transportation area, and recommend a list to the department for
2309prioritization. The project shall be adopted into the capital
2310improvements schedule of the local government comprehensive plan
2311pursuant to s. 163. 3177(3).
2312     Section 18.  Section 339.175, Florida Statutes, is amended
2313to read:
2314     339.175  Metropolitan planning organization.--It is the
2315intent of the Legislature to encourage and promote the safe and
2316efficient management, operation, and development of surface
2317transportation systems that will serve the mobility needs of
2318people and freight within and through urbanized areas of this
2319state while minimizing transportation-related fuel consumption
2320and air pollution. To accomplish these objectives, metropolitan
2321planning organizations, referred to in this section as M.P.O.'s,
2322shall develop, in cooperation with the state and public transit
2323operators, transportation plans and programs for metropolitan
2324areas. The plans and programs for each metropolitan area must
2325provide for the development and integrated management and
2326operation of transportation systems and facilities, including
2327pedestrian walkways and bicycle transportation facilities that
2328will function as an intermodal transportation system for the
2329metropolitan area, based upon the prevailing principles provided
2330in s. 334.046(1). The process for developing such plans and
2331programs shall provide for consideration of all modes of
2332transportation and shall be continuing, cooperative, and
2333comprehensive, to the degree appropriate, based on the
2334complexity of the transportation problems to be addressed. To
2335ensure that the process is integrated with the statewide
2336planning process, M.P.O.'s shall develop plans and programs that
2337identify transportation facilities that should function as an
2338integrated metropolitan transportation system, giving emphasis
2339to facilities that serve important national, state, and regional
2340transportation functions. For the purposes of this section,
2341those facilities include the facilities on the Strategic
2342Intermodal System designated under s. 339.63 and facilities for
2343which projects have been identified pursuant to s. 339.28171.
2344     (1)  DESIGNATION.--
2345     (a)1.  An M.P.O. shall be designated for each urbanized
2346area of the state; however, this does not require that an
2347individual M.P.O. be designated for each such area. Such
2348designation shall be accomplished by agreement between the
2349Governor and units of general-purpose local government
2350representing at least 75 percent of the population of the
2351urbanized area; however, the unit of general-purpose local
2352government that represents the central city or cities within the
2353M.P.O. jurisdiction, as defined by the United States Bureau of
2354the Census, must be a party to such agreement.
2355     2.  More than one M.P.O. may be designated within an
2356existing metropolitan planning area only if the Governor and the
2357existing M.P.O. determine that the size and complexity of the
2358existing metropolitan planning area makes the designation of
2359more than one M.P.O. for the area appropriate.
2360     (b)  Each M.P.O. shall be created and operated under the
2361provisions of this section pursuant to an interlocal agreement
2362entered into pursuant to s. 163.01. The signatories to the
2363interlocal agreement shall be the department and the
2364governmental entities designated by the Governor for membership
2365on the M.P.O. If there is a conflict between this section and s.
2366163.01, this section prevails.
2367     (c)  The jurisdictional boundaries of an M.P.O. shall be
2368determined by agreement between the Governor and the applicable
2369M.P.O. The boundaries must include at least the metropolitan
2370planning area, which is the existing urbanized area and the
2371contiguous area expected to become urbanized within a 20-year
2372forecast period, and may encompass the entire metropolitan
2373statistical area or the consolidated metropolitan statistical
2374area.
2375     (d)  In the case of an urbanized area designated as a
2376nonattainment area for ozone or carbon monoxide under the Clean
2377Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
2378metropolitan planning area in existence as of the date of
2379enactment of this paragraph shall be retained, except that the
2380boundaries may be adjusted by agreement of the Governor and
2381affected metropolitan planning organizations in the manner
2382described in this section. If more than one M.P.O. has authority
2383within a metropolitan area or an area that is designated as a
2384nonattainment area, each M.P.O. shall consult with other
2385M.P.O.'s designated for such area and with the state in the
2386coordination of plans and programs required by this section.
2387
2388Each M.P.O. required under this section must be fully operative
2389no later than 6 months following its designation.
2390     (2)  VOTING MEMBERSHIP.--
2391     (a)  The voting membership of an M.P.O. shall consist of
2392not fewer than 5 or more than 19 apportioned members, the exact
2393number to be determined on an equitable geographic-population
2394ratio basis by the Governor, based on an agreement among the
2395affected units of general-purpose local government as required
2396by federal rules and regulations. The Governor, in accordance
2397with 23 U.S.C. s. 134, may also provide for M.P.O. members who
2398represent municipalities to alternate with representatives from
2399other municipalities within the metropolitan planning area that
2400do not have members on the M.P.O. County commission members
2401shall compose not less than one-third of the M.P.O. membership,
2402except for an M.P.O. with more than 15 members located in a
2403county with a five-member county commission or an M.P.O. with 19
2404members located in a county with no more than 6 county
2405commissioners, in which case county commission members may
2406compose less than one-third percent of the M.P.O. membership,
2407but all county commissioners must be members. All voting members
2408shall be elected officials of general-purpose governments,
2409except that an M.P.O. may include, as part of its apportioned
2410voting members, a member of a statutorily authorized planning
2411board, an official of an agency that operates or administers a
2412major mode of transportation, or an official of the Florida
2413Space Authority. The county commission shall compose not less
2414than 20 percent of the M.P.O. membership if an official of an
2415agency that operates or administers a major mode of
2416transportation has been appointed to an M.P.O.
2417     (b)  In metropolitan areas in which authorities or other
2418agencies have been or may be created by law to perform
2419transportation functions and are performing transportation
2420functions that are not under the jurisdiction of a general
2421purpose local government represented on the M.P.O., they shall
2422be provided voting membership on the M.P.O. In all other
2423M.P.O.'s where transportation authorities or agencies are to be
2424represented by elected officials from general purpose local
2425governments, the M.P.O. shall establish a process by which the
2426collective interests of such authorities or other agencies are
2427expressed and conveyed.
2428     (c)  Any other provision of this section to the contrary
2429notwithstanding, a chartered county with over 1 million
2430population may elect to reapportion the membership of an M.P.O.
2431whose jurisdiction is wholly within the county. The charter
2432county may exercise the provisions of this paragraph if:
2433     1.  The M.P.O. approves the reapportionment plan by a
2434three-fourths vote of its membership;
2435     2.  The M.P.O. and the charter county determine that the
2436reapportionment plan is needed to fulfill specific goals and
2437policies applicable to that metropolitan planning area; and
2438     3.  The charter county determines the reapportionment plan
2439otherwise complies with all federal requirements pertaining to
2440M.P.O. membership.
2441
2442Any charter county that elects to exercise the provisions of
2443this paragraph shall notify the Governor in writing.
2444     (d)  Any other provision of this section to the contrary
2445notwithstanding, any county chartered under s. 6(e), Art. VIII
2446of the State Constitution may elect to have its county
2447commission serve as the M.P.O., if the M.P.O. jurisdiction is
2448wholly contained within the county. Any charter county that
2449elects to exercise the provisions of this paragraph shall so
2450notify the Governor in writing. Upon receipt of such
2451notification, the Governor must designate the county commission
2452as the M.P.O. The Governor must appoint four additional voting
2453members to the M.P.O., one of whom must be an elected official
2454representing a municipality within the county, one of whom must
2455be an expressway authority member, one of whom must be a person
2456who does not hold elected public office and who resides in the
2457unincorporated portion of the county, and one of whom must be a
2458school board member.
2459     (3)  APPORTIONMENT.--
2460     (a)  The Governor shall, with the agreement of the affected
2461units of general-purpose local government as required by federal
2462rules and regulations, apportion the membership on the
2463applicable M.P.O. among the various governmental entities within
2464the area and shall prescribe a method for appointing alternate
2465members who may vote at any M.P.O. meeting that an alternate
2466member attends in place of a regular member. An appointed
2467alternate member must be an elected official serving the same
2468governmental entity or a general-purpose local government with
2469jurisdiction within all or part of the area that the regular
2470member serves. The governmental entity so designated shall
2471appoint the appropriate number of members to the M.P.O. from
2472eligible officials. Representatives of the department shall
2473serve as nonvoting members of the M.P.O. Nonvoting advisers may
2474be appointed by the M.P.O. as deemed necessary. The Governor
2475shall review the composition of the M.P.O. membership in
2476conjunction with the decennial census as prepared by the United
2477States Department of Commerce, Bureau of the Census, and
2478reapportion it as necessary to comply with subsection (2).
2479     (b)  Except for members who represent municipalities on the
2480basis of alternating with representatives from other
2481municipalities that do not have members on the M.P.O. as
2482provided in paragraph (2)(a), the members of an M.P.O. shall
2483serve 4-year terms. Members who represent municipalities on the
2484basis of alternating with representatives from other
2485municipalities that do not have members on the M.P.O. as
2486provided in paragraph (2)(a) may serve terms of up to 4 years as
2487further provided in the interlocal agreement described in
2488paragraph (1)(b). The membership of a member who is a public
2489official automatically terminates upon the member's leaving his
2490or her elective or appointive office for any reason, or may be
2491terminated by a majority vote of the total membership of a
2492county or city governing entity represented by the member. A
2493vacancy shall be filled by the original appointing entity. A
2494member may be reappointed for one or more additional 4-year
2495terms.
2496     (c)  If a governmental entity fails to fill an assigned
2497appointment to an M.P.O. within 60 days after notification by
2498the Governor of its duty to appoint, that appointment shall be
2499made by the Governor from the eligible representatives of that
2500governmental entity.
2501     (4)  AUTHORITY AND RESPONSIBILITY.--The authority and
2502responsibility of an M.P.O. is to manage a continuing,
2503cooperative, and comprehensive transportation planning process
2504that, based upon the prevailing principles provided in s.
2505334.046(1), results in the development of plans and programs
2506which are consistent, to the maximum extent feasible, with the
2507approved local government comprehensive plans of the units of
2508local government the boundaries of which are within the
2509metropolitan area of the M.P.O. An M.P.O. shall be the forum for
2510cooperative decisionmaking by officials of the affected
2511governmental entities in the development of the plans and
2512programs required by subsections (5), (6), (7), and (8).
2513     (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
2514privileges, and authority of an M.P.O. are those specified in
2515this section or incorporated in an interlocal agreement
2516authorized under s. 163.01. Each M.P.O. shall perform all acts
2517required by federal or state laws or rules, now and subsequently
2518applicable, which are necessary to qualify for federal aid. It
2519is the intent of this section that each M.P.O. shall be involved
2520in the planning and programming of transportation facilities,
2521including, but not limited to, airports, intercity and high-
2522speed rail lines, seaports, and intermodal facilities, to the
2523extent permitted by state or federal law.
2524     (a)  Each M.P.O. shall, in cooperation with the department,
2525develop:
2526     1.  A long-range transportation plan pursuant to the
2527requirements of subsection (6);
2528     2.  An annually updated transportation improvement program
2529pursuant to the requirements of subsection (7); and
2530     3.  An annual unified planning work program pursuant to the
2531requirements of subsection (8).
2532     (b)  In developing the long-range transportation plan and
2533the transportation improvement program required under paragraph
2534(a), each M.P.O. shall provide for consideration of projects and
2535strategies that will:
2536     1.  Support the economic vitality of the metropolitan area,
2537especially by enabling global competitiveness, productivity, and
2538efficiency;
2539     2.  Increase the safety and security of the transportation
2540system for motorized and nonmotorized users;
2541     3.  Increase the accessibility and mobility options
2542available to people and for freight;
2543     4.  Protect and enhance the environment, promote energy
2544conservation, and improve quality of life;
2545     5.  Enhance the integration and connectivity of the
2546transportation system, across and between modes, for people and
2547freight;
2548     6.  Promote efficient system management and operation; and
2549     7.  Emphasize the preservation of the existing
2550transportation system.
2551     (c)  In order to provide recommendations to the department
2552and local governmental entities regarding transportation plans
2553and programs, each M.P.O. shall:
2554     1.  Prepare a congestion management system for the
2555metropolitan area and cooperate with the department in the
2556development of all other transportation management systems
2557required by state or federal law;
2558     2.  Assist the department in mapping transportation
2559planning boundaries required by state or federal law;
2560     3.  Assist the department in performing its duties relating
2561to access management, functional classification of roads, and
2562data collection;
2563     4.  Execute all agreements or certifications necessary to
2564comply with applicable state or federal law;
2565     5.  Represent all the jurisdictional areas within the
2566metropolitan area in the formulation of transportation plans and
2567programs required by this section; and
2568     6.  Perform all other duties required by state or federal
2569law.
2570     (d)  Each M.P.O. shall appoint a technical advisory
2571committee that includes planners; engineers; representatives of
2572local aviation authorities, port authorities, and public transit
2573authorities or representatives of aviation departments, seaport
2574departments, and public transit departments of municipal or
2575county governments, as applicable; the school superintendent of
2576each county within the jurisdiction of the M.P.O. or the
2577superintendent's designee; and other appropriate representatives
2578of affected local governments. In addition to any other duties
2579assigned to it by the M.P.O. or by state or federal law, the
2580technical advisory committee is responsible for considering safe
2581access to schools in its review of transportation project
2582priorities, long-range transportation plans, and transportation
2583improvement programs, and shall advise the M.P.O. on such
2584matters. In addition, the technical advisory committee shall
2585coordinate its actions with local school boards and other local
2586programs and organizations within the metropolitan area which
2587participate in school safety activities, such as locally
2588established community traffic safety teams. Local school boards
2589must provide the appropriate M.P.O. with information concerning
2590future school sites and in the coordination of transportation
2591service.
2592     (e)1.  Each M.P.O. shall appoint a citizens' advisory
2593committee, the members of which serve at the pleasure of the
2594M.P.O. The membership on the citizens' advisory committee must
2595reflect a broad cross section of local residents with an
2596interest in the development of an efficient, safe, and cost-
2597effective transportation system. Minorities, the elderly, and
2598the handicapped must be adequately represented.
2599     2.  Notwithstanding the provisions of subparagraph 1., an
2600M.P.O. may, with the approval of the department and the
2601applicable federal governmental agency, adopt an alternative
2602program or mechanism to ensure citizen involvement in the
2603transportation planning process.
2604     (f)  The department shall allocate to each M.P.O., for the
2605purpose of accomplishing its transportation planning and
2606programming duties, an appropriate amount of federal
2607transportation planning funds.
2608     (g)  Each M.P.O. may employ personnel or may enter into
2609contracts with local or state agencies, private planning firms,
2610or private engineering firms to accomplish its transportation
2611planning and programming duties required by state or federal
2612law.
2613     (h)  A chair's coordinating committee is created, composed
2614of the M.P.O.'s serving Hernando, Hillsborough, Manatee, Pasco,
2615Pinellas, Polk, and Sarasota Counties. The committee must, at a
2616minimum:
2617     1.  Coordinate transportation projects deemed to be
2618regionally significant by the committee.
2619     2.  Review the impact of regionally significant land use
2620decisions on the region.
2621     3.  Review all proposed regionally significant
2622transportation projects in the respective transportation
2623improvement programs which affect more than one of the M.P.O.'s
2624represented on the committee.
2625     4.  Institute a conflict resolution process to address any
2626conflict that may arise in the planning and programming of such
2627regionally significant projects.
2628     (i)1.  The Legislature finds that the state's rapid growth
2629in recent decades has caused many urbanized areas subject to
2630M.P.O. jurisdiction to become contiguous to each other. As a
2631result, various transportation projects may cross from the
2632jurisdiction of one M.P.O. into the jurisdiction of another
2633M.P.O. To more fully accomplish the purposes for which M.P.O.'s
2634have been mandated, M.P.O.'s shall develop coordination
2635mechanisms with one another to expand and improve transportation
2636within the state. The appropriate method of coordination between
2637M.P.O.'s shall vary depending upon the project involved and
2638given local and regional needs. Consequently, it is appropriate
2639to set forth a flexible methodology that can be used by M.P.O.'s
2640to coordinate with other M.P.O.'s and appropriate political
2641subdivisions as circumstances demand.
2642     2.  Any M.P.O. may join with any other M.P.O. or any
2643individual political subdivision to coordinate activities or to
2644achieve any federal or state transportation planning or
2645development goals or purposes consistent with federal or state
2646law. When an M.P.O. determines that it is appropriate to join
2647with another M.P.O. or any political subdivision to coordinate
2648activities, the M.P.O. or political subdivision shall enter into
2649an interlocal agreement pursuant to s. 163.01, which, at a
2650minimum, creates a separate legal or administrative entity to
2651coordinate the transportation planning or development activities
2652required to achieve the goal or purpose; provide the purpose for
2653which the entity is created; provide the duration of the
2654agreement and the entity, and specify how the agreement may be
2655terminated, modified, or rescinded; describe the precise
2656organization of the entity, including who has voting rights on
2657the governing board, whether alternative voting members are
2658provided for, how voting members are appointed, and what the
2659relative voting strength is for each constituent M.P.O. or
2660political subdivision; provide the manner in which the parties
2661to the agreement will provide for the financial support of the
2662entity and payment of costs and expenses of the entity; provide
2663the manner in which funds may be paid to and disbursed from the
2664entity; and provide how members of the entity will resolve
2665disagreements regarding interpretation of the interlocal
2666agreement or disputes relating to the operation of the entity.
2667Such interlocal agreement shall become effective upon its
2668recordation in the official public records of each county in
2669which a member of the entity created by the interlocal agreement
2670has a voting member. This paragraph does not require any
2671M.P.O.'s to merge, combine, or otherwise join together as a
2672single M.P.O.
2673     (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
2674develop a long-range transportation plan that addresses at least
2675a 20-year planning horizon. The plan must include both long-
2676range and short-range strategies and must comply with all other
2677state and federal requirements. The prevailing principles to be
2678considered in the long-range transportation plan are: preserving
2679the existing transportation infrastructure; enhancing Florida's
2680economic competitiveness; and improving travel choices to ensure
2681mobility. The long-range transportation plan must be consistent,
2682to the maximum extent feasible, with future land use elements
2683and the goals, objectives, and policies of the approved local
2684government comprehensive plans of the units of local government
2685located within the jurisdiction of the M.P.O. The approved long-
2686range transportation plan must be considered by local
2687governments in the development of the transportation elements in
2688local government comprehensive plans and any amendments thereto.
2689The long-range transportation plan must, at a minimum:
2690     (a)  Identify transportation facilities, including, but not
2691limited to, major roadways, airports, seaports, spaceports,
2692commuter rail systems, transit systems, and intermodal or
2693multimodal terminals that will function as an integrated
2694metropolitan transportation system. The long-range
2695transportation plan must give emphasis to those transportation
2696facilities that serve national, statewide, or regional
2697functions, and must consider the goals and objectives identified
2698in the Florida Transportation Plan as provided in s. 339.155. If
2699a project is located within the boundaries of more than one
2700M.P.O., the M.P.O.'s must coordinate plans regarding the project
2701in the long-range transportation plan.
2702     (b)  Include a financial plan that demonstrates how the
2703plan can be implemented, indicating resources from public and
2704private sources which are reasonably expected to be available to
2705carry out the plan, and recommends any additional financing
2706strategies for needed projects and programs. The financial plan
2707may include, for illustrative purposes, additional projects that
2708would be included in the adopted long-range transportation plan
2709if reasonable additional resources beyond those identified in
2710the financial plan were available. For the purpose of developing
2711the long-range transportation plan, the M.P.O. and the
2712department shall cooperatively develop estimates of funds that
2713will be available to support the plan implementation. Innovative
2714financing techniques may be used to fund needed projects and
2715programs. Such techniques may include the assessment of tolls,
2716the use of value capture financing, or the use of value pricing.
2717     (c)  Assess capital investment and other measures necessary
2718to:
2719     1.  Ensure the preservation of the existing metropolitan
2720transportation system including requirements for the operation,
2721resurfacing, restoration, and rehabilitation of major roadways
2722and requirements for the operation, maintenance, modernization,
2723and rehabilitation of public transportation facilities; and
2724     2.  Make the most efficient use of existing transportation
2725facilities to relieve vehicular congestion and maximize the
2726mobility of people and goods.
2727     (d)  Indicate, as appropriate, proposed transportation
2728enhancement activities, including, but not limited to,
2729pedestrian and bicycle facilities, scenic easements,
2730landscaping, historic preservation, mitigation of water
2731pollution due to highway runoff, and control of outdoor
2732advertising.
2733     (e)  In addition to the requirements of paragraphs (a)-(d),
2734in metropolitan areas that are classified as nonattainment areas
2735for ozone or carbon monoxide, the M.P.O. must coordinate the
2736development of the long-range transportation plan with the State
2737Implementation Plan developed pursuant to the requirements of
2738the federal Clean Air Act.
2739
2740In the development of its long-range transportation plan, each
2741M.P.O. must provide the public, affected public agencies,
2742representatives of transportation agency employees, freight
2743shippers, providers of freight transportation services, private
2744providers of transportation, representatives of users of public
2745transit, and other interested parties with a reasonable
2746opportunity to comment on the long-range transportation plan.
2747The long-range transportation plan must be approved by the
2748M.P.O.
2749     (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
2750shall, in cooperation with the state and affected public
2751transportation operators, develop a transportation improvement
2752program for the area within the jurisdiction of the M.P.O. In
2753the development of the transportation improvement program, each
2754M.P.O. must provide the public, affected public agencies,
2755representatives of transportation agency employees, freight
2756shippers, providers of freight transportation services, private
2757providers of transportation, representatives of users of public
2758transit, and other interested parties with a reasonable
2759opportunity to comment on the proposed transportation
2760improvement program.
2761     (a)  Each M.P.O. is responsible for developing, annually, a
2762list of project priorities and a transportation improvement
2763program. The prevailing principles to be considered by each
2764M.P.O. when developing a list of project priorities and a
2765transportation improvement program are: preserving the existing
2766transportation infrastructure; enhancing Florida's economic
2767competitiveness; and improving travel choices to ensure
2768mobility. The transportation improvement program will be used to
2769initiate federally aided transportation facilities and
2770improvements as well as other transportation facilities and
2771improvements including transit, rail, aviation, spaceport, and
2772port facilities to be funded from the State Transportation Trust
2773Fund within its metropolitan area in accordance with existing
2774and subsequent federal and state laws and rules and regulations
2775related thereto. The transportation improvement program shall be
2776consistent, to the maximum extent feasible, with the approved
2777local government comprehensive plans of the units of local
2778government whose boundaries are within the metropolitan area of
2779the M.P.O. and include those projects programmed pursuant to s.
2780339.28171.
2781     (b)  Each M.P.O. annually shall prepare a list of project
2782priorities and shall submit the list to the appropriate district
2783of the department by October 1 of each year; however, the
2784department and a metropolitan planning organization may, in
2785writing, agree to vary this submittal date. The list of project
2786priorities must be formally reviewed by the technical and
2787citizens' advisory committees, and approved by the M.P.O.,
2788before it is transmitted to the district. The approved list of
2789project priorities must be used by the district in developing
2790the district work program and must be used by the M.P.O. in
2791developing its transportation improvement program. The annual
2792list of project priorities must be based upon project selection
2793criteria that, at a minimum, consider the following:
2794     1.  The approved M.P.O. long-range transportation plan;
2795     2.  The Strategic Intermodal System Plan developed under s.
2796339.64;.
2797     3.  The priorities developed pursuant to s. 339.28171;
2798     4.3.  The results of the transportation management systems;
2799and
2800     5.4.  The M.P.O.'s public-involvement procedures.
2801     (c)  The transportation improvement program must, at a
2802minimum:
2803     1.  Include projects and project phases to be funded with
2804state or federal funds within the time period of the
2805transportation improvement program and which are recommended for
2806advancement during the next fiscal year and 4 subsequent fiscal
2807years. Such projects and project phases must be consistent, to
2808the maximum extent feasible, with the approved local government
2809comprehensive plans of the units of local government located
2810within the jurisdiction of the M.P.O. For informational
2811purposes, the transportation improvement program shall also
2812include a list of projects to be funded from local or private
2813revenues.
2814     2.  Include projects within the metropolitan area which are
2815proposed for funding under 23 U.S.C. s. 134 of the Federal
2816Transit Act and which are consistent with the long-range
2817transportation plan developed under subsection (6).
2818     3.  Provide a financial plan that demonstrates how the
2819transportation improvement program can be implemented; indicates
2820the resources, both public and private, that are reasonably
2821expected to be available to accomplish the program; identifies
2822any innovative financing techniques that may be used to fund
2823needed projects and programs; and may include, for illustrative
2824purposes, additional projects that would be included in the
2825approved transportation improvement program if reasonable
2826additional resources beyond those identified in the financial
2827plan were available. Innovative financing techniques may include
2828the assessment of tolls, the use of value capture financing, or
2829the use of value pricing. The transportation improvement program
2830may include a project or project phase only if full funding can
2831reasonably be anticipated to be available for the project or
2832project phase within the time period contemplated for completion
2833of the project or project phase.
2834     4.  Group projects and project phases of similar urgency
2835and anticipated staging into appropriate staging periods.
2836     5.  Indicate how the transportation improvement program
2837relates to the long-range transportation plan developed under
2838subsection (6), including providing examples of specific
2839projects or project phases that further the goals and policies
2840of the long-range transportation plan.
2841     6.  Indicate whether any project or project phase is
2842inconsistent with an approved comprehensive plan of a unit of
2843local government located within the jurisdiction of the M.P.O.
2844If a project is inconsistent with an affected comprehensive
2845plan, the M.P.O. must provide justification for including the
2846project in the transportation improvement program.
2847     7.  Indicate how the improvements are consistent, to the
2848maximum extent feasible, with affected seaport, airport, and
2849spaceport master plans and with public transit development plans
2850of the units of local government located within the jurisdiction
2851of the M.P.O. If a project is located within the boundaries of
2852more than one M.P.O., the M.P.O.'s must coordinate plans
2853regarding the project in the transportation improvement program.
2854     (d)  Projects included in the transportation improvement
2855program and that have advanced to the design stage of
2856preliminary engineering may be removed from or rescheduled in a
2857subsequent transportation improvement program only by the joint
2858action of the M.P.O. and the department. Except when recommended
2859in writing by the district secretary for good cause, any project
2860removed from or rescheduled in a subsequent transportation
2861improvement program shall not be rescheduled by the M.P.O. in
2862that subsequent program earlier than the 5th year of such
2863program.
2864     (e)  During the development of the transportation
2865improvement program, the M.P.O. shall, in cooperation with the
2866department and any affected public transit operation, provide
2867citizens, affected public agencies, representatives of
2868transportation agency employees, freight shippers, providers of
2869freight transportation services, private providers of
2870transportation, representatives of users of public transit, and
2871other interested parties with reasonable notice of and an
2872opportunity to comment on the proposed program.
2873     (f)  The adopted annual transportation improvement program
2874for M.P.O.'s in nonattainment or maintenance areas must be
2875submitted to the district secretary and the Department of
2876Community Affairs at least 90 days before the submission of the
2877state transportation improvement program by the department to
2878the appropriate federal agencies. The annual transportation
2879improvement program for M.P.O.'s in attainment areas must be
2880submitted to the district secretary and the Department of
2881Community Affairs at least 45 days before the department submits
2882the state transportation improvement program to the appropriate
2883federal agencies; however, the department, the Department of
2884Community Affairs, and a metropolitan planning organization may,
2885in writing, agree to vary this submittal date. The Governor or
2886the Governor's designee shall review and approve each
2887transportation improvement program and any amendments thereto.
2888     (g)  The Department of Community Affairs shall review the
2889annual transportation improvement program of each M.P.O. for
2890consistency with the approved local government comprehensive
2891plans of the units of local government whose boundaries are
2892within the metropolitan area of each M.P.O. and shall identify
2893those projects that are inconsistent with such comprehensive
2894plans. The Department of Community Affairs shall notify an
2895M.P.O. of any transportation projects contained in its
2896transportation improvement program which are inconsistent with
2897the approved local government comprehensive plans of the units
2898of local government whose boundaries are within the metropolitan
2899area of the M.P.O.
2900     (h)  The M.P.O. shall annually publish or otherwise make
2901available for public review the annual listing of projects for
2902which federal funds have been obligated in the preceding year.
2903Project monitoring systems must be maintained by those agencies
2904responsible for obligating federal funds and made accessible to
2905the M.P.O.'s.
2906     (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
2907develop, in cooperation with the department and public
2908transportation providers, a unified planning work program that
2909lists all planning tasks to be undertaken during the program
2910year. The unified planning work program must provide a complete
2911description of each planning task and an estimated budget
2912therefor and must comply with applicable state and federal law.
2913     (9)  AGREEMENTS.--
2914     (a)  Each M.P.O. shall execute the following written
2915agreements, which shall be reviewed, and updated as necessary,
2916every 5 years:
2917     1.  An agreement with the department clearly establishing
2918the cooperative relationship essential to accomplish the
2919transportation planning requirements of state and federal law.
2920     2.  An agreement with the metropolitan and regional
2921intergovernmental coordination and review agencies serving the
2922metropolitan areas, specifying the means by which activities
2923will be coordinated and how transportation planning and
2924programming will be part of the comprehensive planned
2925development of the area.
2926     3.  An agreement with operators of public transportation
2927systems, including transit systems, commuter rail systems,
2928airports, seaports, and spaceports, describing the means by
2929which activities will be coordinated and specifying how public
2930transit, commuter rail, aviation, seaport, and aerospace
2931planning and programming will be part of the comprehensive
2932planned development of the metropolitan area.
2933     (b)  An M.P.O. may execute other agreements required by
2934state or federal law or as necessary to properly accomplish its
2935functions.
2936     (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.-
2937-
2938     (a)  A Metropolitan Planning Organization Advisory Council
2939is created to augment, and not supplant, the role of the
2940individual M.P.O.'s in the cooperative transportation planning
2941process described in this section.
2942     (b)  The council shall consist of one representative from
2943each M.P.O. and shall elect a chairperson annually from its
2944number. Each M.P.O. shall also elect an alternate representative
2945from each M.P.O. to vote in the absence of the representative.
2946Members of the council do not receive any compensation for their
2947services, but may be reimbursed from funds made available to
2948council members for travel and per diem expenses incurred in the
2949performance of their council duties as provided in s. 112.061.
2950     (c)  The powers and duties of the Metropolitan Planning
2951Organization Advisory Council are to:
2952     1.  Enter into contracts with individuals, private
2953corporations, and public agencies.
2954     2.  Acquire, own, operate, maintain, sell, or lease
2955personal property essential for the conduct of business.
2956     3.  Accept funds, grants, assistance, gifts, or bequests
2957from private, local, state, or federal sources.
2958     4.  Establish bylaws and adopt rules pursuant to ss.
2959120.536(1) and 120.54 to implement provisions of law conferring
2960powers or duties upon it.
2961     5.  Assist M.P.O.'s in carrying out the urbanized area
2962transportation planning process by serving as the principal
2963forum for collective policy discussion pursuant to law.
2964     6.  Serve as a clearinghouse for review and comment by
2965M.P.O.'s on the Florida Transportation Plan and on other issues
2966required to comply with federal or state law in carrying out the
2967urbanized area transportation and systematic planning processes
2968instituted pursuant to s. 339.155.
2969     7.  Employ an executive director and such other staff as
2970necessary to perform adequately the functions of the council,
2971within budgetary limitations. The executive director and staff
2972are exempt from part II of chapter 110 and serve at the
2973direction and control of the council. The council is assigned to
2974the Office of the Secretary of the Department of Transportation
2975for fiscal and accountability purposes, but it shall otherwise
2976function independently of the control and direction of the
2977department.
2978     8.  Adopt an agency strategic plan that provides the
2979priority directions the agency will take to carry out its
2980mission within the context of the state comprehensive plan and
2981any other statutory mandates and directions given to the agency.
2982     (11)  APPLICATION OF FEDERAL LAW.--Upon notification by an
2983agency of the Federal Government that any provision of this
2984section conflicts with federal laws or regulations, such federal
2985laws or regulations will take precedence to the extent of the
2986conflict until such conflict is resolved. The department or an
2987M.P.O. may take any necessary action to comply with such federal
2988laws and regulations or to continue to remain eligible to
2989receive federal funds.
2990     Section 19.  Section 339.28171, Florida Statutes, is
2991created to read:
2992     339.28171  Transportation Incentive Program for a
2993Sustainable Florida.--
2994     (1)  There is created within the Department of
2995Transportation a Transportation Incentive Program for a
2996Sustainable Florida, which may be cited as TRIP for a
2997Sustainable Florida, for the purpose of providing grants to
2998local governments to improve a transportation facility or system
2999which addresses an identified concurrency management system
3000backlog or relieve traffic congestion in urban infill and
3001redevelopment areas. Bridge projects off of the State Highway
3002System are eligible to receive funding from this program.
3003     (2)  To be eligible for consideration, projects must be
3004consistent with local government comprehensive plans, the
3005transportation improvement program of the applicable
3006metropolitan organization, and the Strategic Intermodal System
3007plan developed in accordance with s. 339.64.
3008     (3)  The funds shall be distributed by the department to
3009each district in accordance with the statutory formula pursuant
3010to s. 339.135(4). The district secretary shall use the following
3011criteria to evaluate the project applications:
3012     (a)  The level of local government funding efforts.
3013     (b)  The level of local, regional, or private financial
3014matching funds as a percentage of the overall project cost.
3015     (c)  The ability of local government to rapidly address
3016project construction.
3017     (d)  The level of municipal and county agreement on the
3018scope of the proposed project.
3019     (e)  Whether the project is located within and supports the
3020objectives of an urban infill area, a community redevelopment
3021area, an urban redevelopment area, or a concurrency management
3022area.
3023     (f)  The extent to which the project would foster public-
3024private partnerships and investment.
3025     (g)  The extent to which the project protects
3026environmentally sensitive areas.
3027     (h)  The extent to which the project would support urban
3028mobility, including public transit systems, the use of new
3029technologies, and the provision of bicycle facilities or
3030pedestrian pathways.
3031     (i)  The extent to which the project implements a regional
3032transportation plan developed in accordance with s.
3033339.155(2)(c), (d), and (e).
3034     (j)  Whether the project is subject to a local ordinance
3035that establishes corridor management techniques, including
3036access management strategies, right-of-way acquisition and
3037protection measures, appropriate land use strategies, zoning,
3038and setback requirements for adjacent land uses.
3039     (k)  Whether or not the local government has adopted a
3040vision pursuant to s. 163.3167(11) either prior to or after the
3041effective date of this act.
3042     (4)  As part of the project application, the local
3043government shall demonstrate how the proposed project implements
3044a capital improvement element and a long-term transportation
3045concurrency system, if applicable, to address the existing
3046capital improvement element backlogs.
3047     (5)  The percentage of matching funds available to
3048applicants shall be based on the following:
3049     (a)  For projects that provide capacity on the Strategic
3050Intermodal System, the percentage shall be 35 percent.
3051     (b)  For projects that provide capacity on regionally
3052significant transportation facilities identified in s.
3053339.155(2)(c), (d), and (e), the percentage shall be 50 percent
3054or up to 50 percent of the nonfederal share of the eligible
3055project costs for a public transportation facility project. For
3056off-system bridges, the percentage shall be 50 percent. Projects
3057to be funded pursuant to this paragraph shall, at a minimum meet
3058the following additional criteria:
3059     1.  Support those transportation facilities that serve
3060national, statewide, or regional functions and function as an
3061integrated regional transportation system.
3062     2.  Be identified in the capital improvements element of a
3063comprehensive plan that has been determined to be in compliance
3064with part II of chapter 163, after the effective date of this
3065act, or to implement a long-term concurrency management system
3066adopted a local government in accordance with s. 163.3177(9).
3067     3.  Provide connectivity to the Strategic Intermodal System
3068designated pursuant to s. 339.64.
3069     4.  Support economic development and the movement of goods
3070in areas of critical economic concern designated pursuant to s.
3071288.0656(7).
3072     5.  Improve connectivity between military installations and
3073the Strategic Highway Network or the Strategic Rail Corridor
3074Network.
3075     6.  For off-system bridge projects to replaced,
3076rehabilitate, paint, or install scour countermeasures to highway
3077bridges located on public roads, other than those on a federal-
3078aid highway, such projects shall, at a minimum:
3079     (a)  Be classified as a structurally deficient bridge with
3080a poor condition rating for either the deck, superstructure, or
3081substructure component, or culvert.
3082     (b)  Have a sufficiency rating of 35 or below.
3083     (c)  Have average daily traffic of at least 500 vehicles.
3084
3085Special consideration shall be given to bridges that are closed
3086to all traffic or that have a load restriction of less than 10
3087tons.
3088     (c)  For local projects that demonstrate capacity
3089improvements in the urban service boundary, urban infill, or
3090urban redevelopment area or provide such capacity replacement to
3091the State Intrastate Highway System, the percentage shall be 65
3092percent.
3093     (6)  The department may administer contracts at the request
3094of a local government selected to receive funding for a project
3095under this section. All projects funded under this section shall
3096be included in the department's work program developed pursuant
3097to s. 339.135.
3098     Section 20.  Subsection (1) and paragraph (c) of subsection
3099(4) of section 339.2818, Florida Statutes, are amended to read:
3100     339.2818  Small County Outreach Program.--
3101     (1)  There is created within the Department of
3102Transportation the Small County Outreach Program. The purpose of
3103this program is to assist small county governments to improve a
3104transportation facility or system which addresses identified
3105concurrency management system backlog and relieves traffic
3106congestion, or to assist in resurfacing or reconstructing county
3107roads or in constructing capacity or safety improvements to
3108county roads.
3109     (4)
3110     (c)  The following criteria shall be used to prioritize
3111road projects for funding under the program:
3112     1.  The primary criterion is the physical condition of the
3113road as measured by the department.
3114     1.2.  As secondary criteria The department may consider:
3115     a.  Whether a road is used as an evacuation route.
3116     b.  Whether a road has high levels of agricultural travel.
3117     c.  Whether a road is considered a major arterial route.
3118     d.  Whether a road is considered a feeder road.
3119     e.  Other criteria related to the impact of a project on
3120the public road system or on the state or local economy as
3121determined by the department.
3122     2.  As secondary criteria, the department may consider the
3123physical condition of the road as measured by the department.
3124     Section 21.  Section 339.55, Florida Statutes, is amended
3125to read:
3126     339.55  State-funded infrastructure bank.--
3127     (1)  There is created within the Department of
3128Transportation a state-funded infrastructure bank for the
3129purpose of providing loans and credit enhancements to government
3130units and private entities for use in constructing and improving
3131transportation facilities.
3132     (2)  The bank may lend capital costs or provide credit
3133enhancements for:
3134     (a)  A transportation facility project that is on the State
3135Highway System or that provides for increased mobility on the
3136state's transportation system or provides intermodal
3137connectivity with airports, seaports, rail facilities, and other
3138transportation terminals, pursuant to s. 341.053, for the
3139movement of people and goods.
3140     (b)  Transportation Incentive Program for a Sustainable
3141Florida projects identified pursuant to s. 339.28171.
3142     (3)  Loans from the bank may be subordinated to senior
3143project debt that has an investment grade rating of "BBB" or
3144higher.
3145     (4)(3)  Loans from the bank may bear interest at or below
3146market interest rates, as determined by the department.
3147Repayment of any loan from the bank shall commence not later
3148than 5 years after the project has been completed or, in the
3149case of a highway project, the facility has opened to traffic,
3150whichever is later, and shall be repaid in no more than 30
3151years.
3152     (5)(4)  Except as provided in s. 339.137, To be eligible
3153for consideration, projects must be consistent, to the maximum
3154extent feasible, with local metropolitan planning organization
3155plans and local government comprehensive plans and must provide
3156a dedicated repayment source to ensure the loan is repaid to the
3157bank.
3158     (6)  Funding awarded for projects under paragraph (2)(b)
3159must be matched by a minimum of 25 percent from funds other than
3160the state-funded infrastructure bank loan.
3161     (7)(5)  The department may consider, but is not limited to,
3162the following criteria for evaluation of projects for assistance
3163from the bank:
3164     (a)  The credit worthiness of the project.
3165     (b)  A demonstration that the project will encourage,
3166enhance, or create economic benefits.
3167     (c)  The likelihood that assistance would enable the
3168project to proceed at an earlier date than would otherwise be
3169possible.
3170     (d)  The extent to which assistance would foster innovative
3171public-private partnerships and attract private debt or equity
3172investment.
3173     (e)  The extent to which the project would use new
3174technologies, including intelligent transportation systems, that
3175would enhance the efficient operation of the project.
3176     (f)  The extent to which the project would maintain or
3177protect the environment.
3178     (g)  A demonstration that the project includes
3179transportation benefits for improving intermodalism, cargo and
3180freight movement, and safety.
3181     (h)  The amount of the proposed assistance as a percentage
3182of the overall project costs with emphasis on local and private
3183participation.
3184     (i)  The extent to which the project will provide for
3185connectivity between the State Highway System and airports,
3186seaports, rail facilities, and other transportation terminals
3187and intermodal options pursuant to s. 341.053 for the increased
3188accessibility and movement of people and goods.
3189     (8)(6)  Loan assistance provided by the bank shall be
3190included in the department's work program developed in
3191accordance with s. 339.135.
3192     (9)(7)  The department is authorized to adopt rules to
3193implement the state-funded infrastructure bank.
3194     Section 22.  Section 373.19615, Florida Statutes, is
3195created to read:
3196     373.19615  Florida's Sustainable Water Supplies Program.--
3197     (1)  There is hereby created "Florida's Sustainable Water
3198Water Supplies Program." The Legislature recognizes that alterna
3199alternative water supply projects are more expensive to develop
3200compared to traditional water supply projects. As Florida's
3201population continues to grow, the need for alternative water
3202supplies is also growing as our groundwater supplies in portions
3203of the state are decreasing. Beginning in fiscal year 2005-2006,
3204the state shall annually appropriate $100 million for the
3205purpose of providing funding assistance to local governments for
3206the development of alternative water supply projects. At the
3207beginning of each fiscal year, beginning with fiscal year 2005-
32082006, such revenues shall be distributed to the Department of
3209Environmental Protection. The department shall then distribute
3210the revenues into alternative water supply accounts created by
3211the department for each district for the purpose of alternative
3212water supply development under the following funding formula:
3213     1.  Forty percent to the South Florida Water Management
3214District.
3215     2.  Twenty-five percent to the Southwest Florida Water
3216Management District.
3217     3.  Twenty-five percent to the St. Johns River Water
3218Management District.
3219     4.  Five percent to the Suwannee River Water Management
3220District.
3221     5.  Five percent to the Northwest Florida Water Management
3222District.
3223     (2)  For the purposes of this section, the following
3224definitions shall apply:
3225     (a)  "Alternative water supplies" includes saltwater;
3226brackish surface and groundwater; surface water captured
3227predominantly during wet-weather flows; sources made available
3228through the addition of new storage capacity for surface or
3229groundwater; water that has been reclaimed after one or more
3230public supply, municipal, industrial, commercial, or
3231agricultural uses; stormwater; and any other water supply source
3232that is designated as non-traditional for a water supply
3233planning region in the applicable regional water supply plan
3234developed under s. 373.0361.
3235     (b)  "Capital costs" means planning, design, engineering,
3236and project construction costs.
3237     (c)  "Local government" means any municipality, county,
3238special district, regional water supply authority, or
3239multijurisdictional entity, or an agency thereof, or a
3240combination of two or more of the foregoing acting jointly with
3241an alternative water supply project.
3242     (3)  To be eligible for assistance in funding capital costs
3243of alternative water supply projects under this program, the
3244water management district governing board must select those
3245alternative water supply projects that will receive financial
3246assistance. The water management district governing board shall
3247establish factors to determine project funding.
3248     (a)  Significant weight shall be given to the following
3249factors:
3250     1.  Whether the project provides substantial environmental
3251benefits by preventing or limiting adverse water resource
3252impacts.
3253     2.  Whether the project reduces competition for water
3254supplies.
3255     3.  Whether the project brings about replacement of
3256traditional sources in order to help implement a minimum flow or
3257level or a reservation.
3258     4.  Whether the project will be implemented by a
3259consumptive use permittee that has achieved the targets
3260contained in a goal-based water conservation program approved
3261pursuant to s. 373.227.
3262     5.  The quantity of water supplied by the project as
3263compared to its cost.
3264     6.  Projects in which the construction and delivery to end
3265users of reuse water are major components.
3266     7.  Whether the project will be implemented by a
3267multijurisdictional water supply entity or regional water supply
3268authority.
3269     (b)  Additional factors to be considered in determining
3270project funding shall include:
3271     1.  Whether the project is part of a plan to implement two
3272or more alternative water supply projects, all of which will be
3273operated to produce water at a uniform rate for the participants
3274in a multijurisdictional water supply entity or regional water
3275supply authority.
3276     2.  The percentage of project costs to be funded by the
3277water supplier or water user.
3278     3.  Whether the project proposal includes sufficient
3279preliminary planning and engineering to demonstrate that the
3280project can reasonably be implemented within the timeframes
3281provided in the regional water supply plan.
3282     4.  Whether the project is a subsequent phase of an
3283alternative water supply project underway.
3284     5.  Whether and in what percentage a local government or
3285local government utility is transferring water supply system
3286revenues to the local government general fund in excess of
3287reimbursements for services received from the general fund
3288including direct and indirect costs and legitimate payments in
3289lieu of taxes.
3290     (4)(a)  All projects submitted to the governing board for
3291consideration shall reflect the total cost for implementation.
3292The costs shall be segregated pursuant to the categories
3293described in the definition of capital costs.
3294     (b)  Applicants for projects that receive funding
3295assistance pursuant to this section shall be required to pay 33
32961/3 percent of the project's total capital costs.
3297     (c)  The water management district shall be required to pay
329833 1/3 percent of the project's total capital costs.
3299     (5)  After conducting one or more meetings to solicit
3300public input on eligible projects for implementation of
3301alternative water supply projects, the governing board of each
3302water management district shall select projects for funding
3303assistance based upon the above criteria. The governing board
3304may select a project identified or listed as an alternative
3305water supply development project in the regional water supply
3306plan, or may select an alternative water supply projects not
3307identified or listed in the regional water supply plan but which
3308are consistent with the goals of the plans.
3309     (6)  Once an alternative water supply project is selected
3310by the governing board, the applicant and the water management
3311district must, in writing, each commit to a financial
3312contribution of 33 1/3 percent of the project's total capital
3313costs. The water management district shall then submit a request
3314for distribution of revenues held by the department in the
3315district's alternative water supply account. The request must
3316include the amount of current and projected water demands within
3317the water management district, the additional water made
3318available by the project, the date the water will be made
3319available, and the applicant's and water management district's
3320district's financial commitment for the alternative water
3321supply project. Upon receipt of a request from a water
3322management district, the department shall determine whether the
3323alternative water supply project meets the department's criteria
3324for financial assistance. The department shall establish factors
3325to determine whether state financial assistance for an
3326alternative water supply project shall be granted.
3327     (a)  Significant weight shall be given to the following
3328factors:
3329     1.  Whether the project provides substantial environmental
3330benefits by preventing or limiting adverse water resource
3331impacts.
3332     2.  Whether the project reduces competition for water
3333supplies.
3334     3.  Whether the project brings about replacement of
3335traditional sources in order to help implement a minimum flow or
3336level or a reservation.
3337     4.  Whether the project will be implemented by a
3338consumptive use permittee that has achieved the targets
3339contained in a goal-based water conservation program approved
3340pursuant to s. 373.227.
3341     5.  The quantity of water supplied by the project as
3342compared to its cost.
3343     6.  Projects in which the construction and delivery to end
3344users of reuse water are major components.
3345     7.  Whether the project will be implemented by a
3346multijurisdictional water supply entity or regional water supply
3347authority.
3348     (b)  Additional factors to be considered in determining
3349project funding shall include:
3350     1.  Whether the project is part of a plan to implement two
3351or more alternative water supply projects, all of which will be
3352operated to produce water at a uniform rate for the participants
3353in a multijurisdictional water supply entity or regional water
3354supply authority.
3355     2.  The percentage of project costs to be funded by the
3356water supplier or water user.
3357     3.  Whether the project proposal includes sufficient
3358preliminary planning and engineering to demonstrate that the
3359project can reasonably be implemented within the timeframes
3360provided in the regional water supply plan.
3361     4.  Whether the project is a subsequent phase of an
3362alternative water supply project underway.
3363     5.  Whether and in what percentage a local government or
3364local government utility is transferring water supply system
3365revenues to the local government general fund in excess of
3366reimbursements for services received from the general fund
3367including direct and indirect costs and legitimate payments in
3368lieu of taxes.
3369
3370If the department determines that the project should receive
3371financial assistance, the department shall distribute to the
3372water management district 33 1/3 percent of the total capital
3373costs from the district's alternative water supply account.
3374     Section 23.  Section 373.19616, Florida Statutes, is
3375created to read:
3376     373.19616  Water Transition Assistance Program.--
3377     (1)  The Legislature recognizes that as a result of
3378Florida's increasing population, there are limited ground water
3379resources in some portions of the state to serve increased water
3380quantities demands. As a result, a transition from ground water
3381supply to more expensive alternative water supply is necessary.
3382The purpose of this section is to assist local governments by
3383establishing a low-interest revolving loan program for
3384infrastructure financing for alternative water supplies.
3385     (2)  For purposes of this section, the term:
3386     (a)  "Alternative water supplies" has the same meaning as
3387provided in s. 373.19615(2).
3388     (b)  "Local government" has the same meaning as provided in
3389s. 373.19615(2).
3390     (3)  The Department of Environmental Protection is
3391authorized to make loans to local governments to assist them in
3392planning, designing, and constructing alternative water supply
3393projects. The department may provide loan guarantees, purchase
3394loan insurance, and refinance local debt through issue of new
3395loans for alternative water supply projects approved by the
3396department. Local governments may borrow funds made available
3397pursuant to this section and may pledge any revenues or other
3398adequate security available to them to repay any funds borrowed.
3399     (4)  The term of loans made pursuant to this section shall
3400not exceed 30 years. The interest rate on such loans shall be no
3401greater than that paid on the last bonds sold pursuant to s. 14,
3402Art. VII of the State Constitution.
3403     (5)  In order to ensure that public moneys are managed in
3404an equitable and prudent manner, the total amount of money
3405loaned to any local government during a fiscal year shall be no
3406more than 25 percent of the total funds available for making
3407loans during that year. The minimum amount of a loan shall be
3408$75,000.
3409     (6)  The department may adopt rules that:
3410     (a)  Set forth a priority system for loans based on factors
3411provided for in s. 373.19615(6)(a) and (b).
3412     (b)  Establish the requirements for the award and repayment
3413of financial assistance.
3414     (c)  Require adequate security to ensure that each loan
3415recipient can meet its loan payment requirements.
3416     (d)  Establish, at the department's discretion, a specific
3417percentage of funding, not to exceed 20 percent, for financially
3418disadvantaged communities for the development of alternative
3419water supply projects. The department shall include within the
3420rule a definition of the term "financially disadvantaged
3421community," and the criteria for determining whether the project
3422serves a financially disadvantaged community. Such criteria
3423shall be based on the median household income of the service
3424population or other reliably documented measures of
3425disadvantaged status.
3426     (e)  Require each project receiving financial assistance to
3427be cost-effective, environmentally sound, implementable, and
3428self-supporting.
3429     (7)  The department shall prepare a report at the end of
3430each fiscal year detailing the financial assistance provided
3431under this section and outstanding loans.
3432     (8)  Prior to approval of a loan, the local government
3433shall, at a minimum:
3434     (a)  Provide a repayment schedule.
3435     (b)  Submit evidence of the ability of the project proposed
3436for financial assistance to be permitted and implemented.
3437     (c)  Submit plans and specifications, biddable contract
3438documents, or other documentation of appropriate procurement of
3439goods and services.
3440     (d)  Provide assurance that records will be kept using
3441generally accepted accounting principles and that the department
3442or its agent and the Auditor General will have access to all
3443records pertaining to the loan.
3444     (9)  The department may conduct an audit of the loan
3445project upon completion or may require that a separate project
3446audit, prepared by an independent certified public accountant,
3447be submitted.
3448     (10)  The department may require reasonable service fees on
3449loans made to local governments to ensure that the program will
3450be operated in perpetuity and to implement the purposes
3451authorized under this section. Service fees shall not be more
3452than 4 percent of the loan amount exclusive of the service fee.
3453The fee revenues, and interest earnings thereon, shall be used
3454exclusively to carry out the purposes of this section.
3455     (11)  All moneys available for financial assistance under
3456this section shall be appropriated to the department exclusively
3457to carry out this program. The principal and interest of all
3458loans repaid and interest shall be used exclusively to carry out
3459this section.
3460     (12)(a)  If a local government agency defaults under the
3461terms of its loan agreement, the department shall certify the
3462default to the Chief Financial Officer, shall forward the
3463delinquent amount to the department from any unobligated funds
3464due to the local government agency under any revenue-sharing or
3465tax-sharing fund established by the state, except as otherwise
3466provided by the State Constitution. Certification of delinquency
3467shall not limit the department from pursuing other remedies
3468available for default on a loan, including accelerating loan
3469repayments, eliminating all or part of the interest rate subsidy
3470on the loan, and court appointment of a receiver to manage
3471alternative water supply project.
3472     (b)  The department may impose penalty for delinquent local
3473payments in the amount of 6 percent of the amount due, in
3474addition to charging the cost to handle and process the debt.
3475Penalty interest shall accrue on any amount due and payable
3476beginning on the 30th day following the date upon which payment
3477is due.
3478     (13)  The department may terminate or rescind a financial
3479assistance agreement when the local government fails to comply
3480with the terms and conditions of the agreement.
3481     Section 24.  Paragraphs (l) and (m) are added to subsection
3482(24) of section 380.06, Florida Statutes, to read:
3483     380.06  Developments of regional impact.--
3484     (24)  STATUTORY EXEMPTIONS.--
3485     (l)  Any proposed development or redevelopment within an
3486area designated for:
3487     1.  Urban infill development as designated in the
3488comprehensive plan;
3489     2.  Urban redevelopment as designated in the comprehensive
3490plan;
3491     3.  Downtown revitalization as designated in the
3492comprehensive plan; or
3493     4.  Urban infill and redevelopment under s. 163.2517 as
3494designated in the comprehensive plan,
3495
3496is exempt from the provisions of this section. However, a
3497municipality with a population of 7,500 or fewer may elect, upon
3498adoption of an ordinance, to not have this exemption apply
3499within its boundaries. A copy of such ordinance shall be
3500transmitted to the state land planning agency and the applicable
3501regional planning council.
3502     (m)  Any proposed development within a rural land
3503stewardship area created pursuant to s. 163.3177(11)(d) is
3504exempt from the provisions of this section.
3505     Section 25.  Section 380.115, Florida Statutes, is amended
3506to read:
3507     380.115  Vested rights and duties; effect of size
3508reduction; changes in guidelines and standards chs. 2002-20 and
35092002-296.--
3510     (1)  A change in a development of regional impact guideline
3511or standard does not abridge or modify Nothing contained in this
3512act abridges or modifies any vested or other right or any duty
3513or obligation pursuant to any development order or agreement
3514that is applicable to a development of regional impact on the
3515effective date of this act. A development that has received a
3516development-of-regional-impact development order pursuant to s.
3517380.06, but would is no longer be required to undergo
3518development-of-regional-impact review by operation of a change
3519in the guidelines and standards or has reduced its size below
3520the thresholds in s. 380.0651 this act, shall be governed by the
3521following procedures:
3522     (a)  The development shall continue to be governed by the
3523development-of-regional-impact development order and may be
3524completed in reliance upon and pursuant to the development order
3525unless the developer or landowner has followed the procedures
3526for rescission in paragraph (b). The development-of-regional-
3527impact development order may be enforced by the local government
3528as provided by ss. 380.06(17) and 380.11.
3529     (b)  If requested by the developer or landowner, the
3530development-of-regional-impact development order shall may be
3531rescinded by the local government with jurisdiction upon a
3532showing by clear and convincing evidence that all required
3533mitigation relating to the amount of development existing on the
3534date of rescission has been completed abandoned pursuant to the
3535process in s. 380.06(26).
3536     (2)  A development with an application for development
3537approval pending, and determined sufficient pursuant to s.
3538380.06(10), on the effective date of a change to the guidelines
3539and standards this act, or a notification of proposed change
3540pending on the effective date of a change to the guidelines and
3541standards this act, may elect to continue such review pursuant
3542to s. 380.06. At the conclusion of the pending review, including
3543any appeals pursuant to s. 380.07, the resulting development
3544order shall be governed by the provisions of subsection (1).
3545     (3)  A landowner that has filed an application for a
3546development of regional impact review prior to the adoption of
3547an optional sector plan pursuant to s. 163.3245 may elect to
3548have the application reviewed pursuant to s. 380.06,
3549comprehensive plan provisions in force prior to adoption of the
3550sector plan and any requested comprehensive plan amendments that
3551accompany the application.
3552     Section 26.  The Office of Program Policy Analysis and
3553Government Accountability shall conduct a study on adjustments
3554to the boundaries of regional planning councils, water
3555management districts, and transportation districts. The purpose
3556of the study is to organize these regional boundaries, without
3557eliminating any regional agency, to be more coterminous with one
3558another, creating a more unified system of regional boundaries.
3559The study must be completed by December 31, 2005, and a study
3560report submitted to the President of the Senate, the Speaker of
3561the House of Representatives, and the Governor and the Century
3562Commission for a Sustainable Florida by January 15, 2006.
3563     Section 27.  Subsections (2), (3), (6), and (12) of section
35641013.33, Florida Statutes, are amended to read:
3565     1013.33  Coordination of planning with local governing
3566bodies.--
3567     (2)(a)  The school board, county, and nonexempt
3568municipalities located within the geographic area of a school
3569district shall enter into an interlocal agreement that jointly
3570establishes the specific ways in which the plans and processes
3571of the district school board and the local governments are to be
3572coordinated. Any updated The interlocal agreements and
3573amendments to such agreements shall be submitted to the state
3574land planning agency and the Office of Educational Facilities
3575and the SMART Schools Clearinghouse in accordance with a
3576schedule published by the state land planning agency pursuant to
3577s. 163.3177(12)(h).
3578     (b)  The schedule must establish staggered due dates for
3579submission of interlocal agreements that are executed by both
3580the local government and district school board, commencing on
3581March 1, 2003, and concluding by December 1, 2004, and must set
3582the same date for all governmental entities within a school
3583district. However, if the county where the school district is
3584located contains more than 20 municipalities, the state land
3585planning agency may establish staggered due dates for the
3586submission of interlocal agreements by these municipalities. The
3587schedule must begin with those areas where both the number of
3588districtwide capital-outlay full-time-equivalent students equals
358980 percent or more of the current year's school capacity and the
3590projected 5-year student growth rate is 1,000 or greater, or
3591where the projected 5-year student growth rate is 10 percent or
3592greater.
3593     (b)(c)  If the student population has declined over the 5-
3594year period preceding the due date for submittal of an
3595interlocal agreement by the local government and the district
3596school board, the local government and district school board may
3597petition the state land planning agency for a waiver of one or
3598more of the requirements of subsection (3). The waiver must be
3599granted if the procedures called for in subsection (3) are
3600unnecessary because of the school district's declining school
3601age population, considering the district's 5-year work program
3602prepared pursuant to s. 1013.35. The state land planning agency
3603may modify or revoke the waiver upon a finding that the
3604conditions upon which the waiver was granted no longer exist.
3605The district school board and local governments must submit an
3606interlocal agreement within 1 year after notification by the
3607state land planning agency that the conditions for a waiver no
3608longer exist.
3609     (c)(d)  Interlocal agreements between local governments and
3610district school boards adopted pursuant to s. 163.3177 before
3611the effective date of subsections (2)-(9) must be updated and
3612executed pursuant to the requirements of subsections (2)-(9), if
3613necessary. Amendments to interlocal agreements adopted pursuant
3614to subsections (2)-(9) must be submitted to the state land
3615planning agency within 30 days after execution by the parties
3616for review consistent with subsections (3) and (4). Local
3617governments and the district school board in each school
3618district are encouraged to adopt a single updated interlocal
3619agreement in which all join as parties. The state land planning
3620agency shall assemble and make available model interlocal
3621agreements meeting the requirements of subsections (2)-(9) and
3622shall notify local governments and, jointly with the Department
3623of Education, the district school boards of the requirements of
3624subsections (2)-(9), the dates for compliance, and the sanctions
3625for noncompliance. The state land planning agency shall be
3626available to informally review proposed interlocal agreements.
3627If the state land planning agency has not received a proposed
3628interlocal agreement for informal review, the state land
3629planning agency shall, at least 60 days before the deadline for
3630submission of the executed agreement, renotify the local
3631government and the district school board of the upcoming
3632deadline and the potential for sanctions.
3633     (3)  At a minimum, The interlocal agreement must address
3634the following issues required in s. 163.31777.:
3635     (a)  A process by which each local government and the
3636district school board agree and base their plans on consistent
3637projections of the amount, type, and distribution of population
3638growth and student enrollment. The geographic distribution of
3639jurisdiction-wide growth forecasts is a major objective of the
3640process.
3641     (b)  A process to coordinate and share information relating
3642to existing and planned public school facilities, including
3643school renovations and closures, and local government plans for
3644development and redevelopment.
3645     (c)  Participation by affected local governments with the
3646district school board in the process of evaluating potential
3647school closures, significant renovations to existing schools,
3648and new school site selection before land acquisition. Local
3649governments shall advise the district school board as to the
3650consistency of the proposed closure, renovation, or new site
3651with the local comprehensive plan, including appropriate
3652circumstances and criteria under which a district school board
3653may request an amendment to the comprehensive plan for school
3654siting.
3655     (d)  A process for determining the need for and timing of
3656onsite and offsite improvements to support new construction,
3657proposed expansion, or redevelopment of existing schools. The
3658process shall address identification of the party or parties
3659responsible for the improvements.
3660     (e)  A process for the school board to inform the local
3661government regarding school capacity. The capacity reporting
3662must be consistent with laws and rules regarding measurement of
3663school facility capacity and must also identify how the district
3664school board will meet the public school demand based on the
3665facilities work program adopted pursuant to s. 1013.35.
3666     (f)  Participation of the local governments in the
3667preparation of the annual update to the school board's 5-year
3668district facilities work program and educational plant survey
3669prepared pursuant to s. 1013.35.
3670     (g)  A process for determining where and how joint use of
3671either school board or local government facilities can be shared
3672for mutual benefit and efficiency.
3673     (h)  A procedure for the resolution of disputes between the
3674district school board and local governments, which may include
3675the dispute resolution processes contained in chapters 164 and
3676186.
3677     (i)  An oversight process, including an opportunity for
3678public participation, for the implementation of the interlocal
3679agreement.
3680
3681A signatory to the interlocal agreement may elect not to include
3682a provision meeting the requirements of paragraph (e); however,
3683such a decision may be made only after a public hearing on such
3684election, which may include the public hearing in which a
3685district school board or a local government adopts the
3686interlocal agreement. An interlocal agreement entered into
3687pursuant to this section must be consistent with the adopted
3688comprehensive plan and land development regulations of any local
3689government that is a signatory.
3690     (6)  Any local government transmitting a public school
3691element to implement school concurrency pursuant to the
3692requirements of s. 163.3180 before July 1, 2005, the effective
3693date of this section is not required to amend the element or any
3694interlocal agreement to conform with the provisions of
3695subsections (2)-(8) if the element is adopted prior to or within
36961 year after the effective date of subsections (2)-(8) and
3697remains in effect.
3698     (12)  As early in the design phase as feasible and
3699consistent with an interlocal agreement entered pursuant to
3700subsections (2)-(8), but no later than 120 90 days before
3701commencing construction, the district school board shall in
3702writing request a determination of consistency with the local
3703government's comprehensive plan. The local governing body that
3704regulates the use of land shall determine, in writing within 45
3705days after receiving the necessary information and a school
3706board's request for a determination, whether a proposed
3707educational facility is consistent with the local comprehensive
3708plan and consistent with local land development regulations. If
3709the determination is affirmative, school construction may
3710commence and further local government approvals are not
3711required, except as provided in this section. Failure of the
3712local governing body to make a determination in writing within
371390 days after a district school board's request for a
3714determination of consistency shall be considered an approval of
3715the district school board's application. Campus master plans and
3716development agreements must comply with the provisions of ss.
37171013.30 and 1013.63.
3718     Section 28.  Section 1013.352, Florida Statutes, is created
3719to read:
3720     1013.352  Charter School Incentive Program for Sustainable
3721Schools.--
3722     (1)  There is hereby created the "Charter School Incentive
3723Program for Sustainable Schools." Recognizing that there is an
3724increasing deficit in educational facilities in this state, the
3725Legislature believes that there is a need for creativeness in
3726planning and development of additional educational facilities.
3727To assist with the development of educational facilities, those
3728charter schools whose charters are approved within 18 months
3729after the effective date of this act shall be eligible for state
3730funds under the following conditions:
3731     (a)  The charter school is created to address school over-
3732capacity issues or growth demands within the county.
3733     (b)  A joint letter from the district school board and the
3734charter school has been submitted with the proposed charter
3735school charter that provides that the school board authorized
3736the charter school as a result of school overcrowding or growth
3737demands within the county and the school board requests that the
3738requirement of s. 1013.62(1)(a)1. are waived.
3739     (c)  The charter school has received an in-kind
3740contribution or equivalent from an outside source other than the
3741district school board that has been, at a minimum, equally
3742matched by the district school board.
3743
3744Notwithstanding s. 1013.62(7), if the above conditions apply,
3745the Commissioner of Education, in consultation with the
3746Department of Community Affairs shall distribute up to $3
3747million per charter school based upon the amount of the in-kind
3748contribution or functional equivalent from an outside source
3749that has been matched by the district school board or the
3750contribution or functional equivalent by the district school
3751board, whichever amount is greater, up to $3 million. Under no
3752conditions may the Commissioner of Education distribute funds to
3753a newly chartered charter school that has not received an in-
3754kind contribution or equivalent from an outside source other
3755than the district school board and which has not been, at a
3756minimum, equally matched by the district school board.
3757     (2)  A newly created charter school that receives
3758distribution of funds under this program shall not be eligible
3759for charter schools outlay funding under s. 1013.62.
3760     Section 29.  Subsection (2) of section 1013.64, Florida
3761Statutes, is amended to read:
3762     1013.64  Funds for comprehensive educational plant needs;
3763construction cost maximums for school district capital
3764projects.--Allocations from the Public Education Capital Outlay
3765and Debt Service Trust Fund to the various boards for capital
3766outlay projects shall be determined as follows:
3767     (2)(a)  The department shall establish, as a part of the
3768Public Education Capital Outlay and Debt Service Trust Fund, a
3769separate account, in an amount determined by the Legislature, to
3770be known as the "Special Facility Construction Account." The
3771Special Facility Construction Account shall be used to provide
3772necessary construction funds to school districts which have
3773urgent construction needs but which lack sufficient resources at
3774present, and cannot reasonably anticipate sufficient resources
3775within the period of the next 3 years, for these purposes from
3776currently authorized sources of capital outlay revenue. A school
3777district requesting funding from the Special Facility
3778Construction Account shall submit one specific construction
3779project, not to exceed one complete educational plant, to the
3780Special Facility Construction Committee. No district shall
3781receive funding for more than one approved project in any 3-year
3782period. The first year of the 3-year period shall be the first
3783year a district receives an appropriation. The department shall
3784encourage a construction program that reduces the average size
3785of schools in the district. The request must meet the following
3786criteria to be considered by the committee:
3787     1.  The project must be deemed a critical need and must be
3788recommended for funding by the Special Facility Construction
3789Committee. Prior to developing plans for the proposed facility,
3790the district school board must request a preapplication review
3791by the Special Facility Construction Committee or a project
3792review subcommittee convened by the committee to include two
3793representatives of the department and two staff from school
3794districts not eligible to participate in the program. Within 60
3795days after receiving the preapplication review request, the
3796committee or subcommittee must meet in the school district to
3797review the project proposal and existing facilities. To
3798determine whether the proposed project is a critical need, the
3799committee or subcommittee shall consider, at a minimum, the
3800capacity of all existing facilities within the district as
3801determined by the Florida Inventory of School Houses; the
3802district's pattern of student growth; the district's existing
3803and projected capital outlay full-time equivalent student
3804enrollment as determined by the department; the district's
3805existing satisfactory student stations; the use of all existing
3806district property and facilities; grade level configurations;
3807and any other information that may affect the need for the
3808proposed project.
3809     2.  The construction project must be recommended in the
3810most recent survey or surveys by the district under the rules of
3811the State Board of Education.
3812     3.  The construction project must appear on the district's
3813approved project priority list under the rules of the State
3814Board of Education.
3815     4.  The district must have selected and had approved a site
3816for the construction project in compliance with s. 1013.36 and
3817the rules of the State Board of Education.
3818     5.  The district shall have developed a district school
3819board adopted list of facilities that do not exceed the norm for
3820net square feet occupancy requirements under the State
3821Requirements for Educational Facilities, using all possible
3822programmatic combinations for multiple use of space to obtain
3823maximum daily use of all spaces within the facility under
3824consideration.
3825     6.  Upon construction, the total cost per student station,
3826including change orders, must not exceed the cost per student
3827station as provided in subsection (6).
3828     7.  There shall be an agreement signed by the district
3829school board stating that it will advertise for bids within 30
3830days of receipt of its encumbrance authorization from the
3831department.
3832     8.  The district shall, at the time of the request and for
3833a continuing period of 3 years, levy the maximum millage against
3834their nonexempt assessed property value as allowed in s.
38351011.71(2) or shall raise an equivalent amount of revenue from
3836the school capital outlay surtax authorized under s. 212.055(6).
3837Any district with a new or active project, funded under the
3838provisions of this subsection, shall be required to budget no
3839more than the value of 1.5 mills per year to the project to
3840satisfy the annual participation requirement in the Special
3841Facility Construction Account.
3842     9.  If a contract has not been signed 90 days after the
3843advertising of bids, the funding for the specific project shall
3844revert to the Special Facility New Construction Account to be
3845reallocated to other projects on the list. However, an
3846additional 90 days may be granted by the commissioner.
3847     10.  The department shall certify the inability of the
3848district to fund the survey-recommended project over a
3849continuous 3-year period using projected capital outlay revenue
3850derived from s. 9(d), Art. XII of the State Constitution, as
3851amended, paragraph (3)(a) of this section, and s. 1011.71(2).
3852     11.  The district shall have on file with the department an
3853adopted resolution acknowledging its 3-year commitment of all
3854unencumbered and future revenue acquired from s. 9(d), Art. XII
3855of the State Constitution, as amended, paragraph (3)(a) of this
3856section, and s. 1011.71(2).
3857     12.  Final phase III plans must be certified by the board
3858as complete and in compliance with the building and life safety
3859codes prior to August 1.
3860     (b)  The department shall establish, as a part of the
3861Public Education Capital Outlay and Debt Service Trust Fund, a
3862separate account, in an amount determined by the Legislature, to
3863be known as the "High Growth County Facility Construction
3864Account." The account shall be used to provide necessary
3865construction funds to high growth school districts which have
3866urgent construction needs, but which lack sufficient resources
3867at present and cannot reasonably anticipate sufficient resources
3868within the period of the next 3 years, for these purposes from
3869currently authorized sources of capital outlay revenue and local
3870sources. A school district requesting funding from the account
3871shall submit one specific construction project, not to exceed
3872one complete educational plant, to the Special Facility
3873Construction Committee. No district shall receive funding for
3874more than one approved project in any 2-year period, provided
3875that any grants received under this paragraph must be fully
3876expended in order for a district to apply for additional funding
3877under this paragraph and all Classrooms First funds have been
3878allocated and expended by the district. The first year of the 2-
3879year period shall be the first year a district receives an
3880appropriation. The request must meet the following criteria to
3881be considered by the committee:
3882     1.  The project must be deemed a critical need and must be
3883recommended for funding by the Special Facility Construction
3884Committee. Prior to developing plans for the proposed facility,
3885the district school board must request a preapplication review
3886by the Special Facility Construction Committee or a project
3887review subcommittee convened by the committee to include two
3888representatives of the department and two staff from school
3889districts not eligible to participate in the program. Within 60
3890days after receiving the preapplication review request, the
3891committee or subcommittee must meet in the school district to
3892review the project proposal and existing facilities. To
3893determine whether the proposed project is a critical need, the
3894committee or subcommittee shall consider, at a minimum, the
3895capacity of all existing facilities within the district as
3896determined by the Florida Inventory of School Houses; the
3897district's pattern of student growth with priority given to
3898those districts that have equaled or exceeded twice the
3899statewide average in growth in capital outlay full-time
3900equivalent students over the previous 4 fiscal years; the
3901district's existing and projected capital outlay full-time
3902equivalent student enrollment as determined by the department
3903with priority given to these districts with 20,000 or more
3904capital outlay full-time equivalent students; the district's
3905existing satisfactory student stations; the use of all existing
3906district property and facilities; grade level configurations;
3907and any other information that may affect the need for the
3908proposed project.
3909     2.  The construction project must be recommended in the
3910most recent survey or surveys by the district under the rules of
3911the State Board of Education.
3912     3.  The construction project includes either a recreational
3913facility or media center that will be jointly used with a local
3914government.
3915     4.  The construction project must appear on the district's
3916approved project priority list under the rules of the State
3917Board of Education.
3918     5.  The district must have selected and had approved a site
3919for the construction project in compliance with the interlocal
3920agreement with the appropriate local government, s. 1013.36, and
3921the rules of the State Board of Education.
3922     6.  The district shall have developed a district school
3923board adopted list of facilities that do not exceed the norm for
3924net square feet occupancy requirements under the state
3925requirements for educational facilities, using all possible
3926programmatic combinations for multiple use of space to obtain
3927maximum daily use of all spaces within the facility under
3928consideration.
3929     7.  Upon construction, the total cost per student station,
3930including change orders, must not exceed the cost per student
3931station as provided in subsection (6).
3932     8.  There shall be an agreement signed by the district
3933school board stating that it will advertise for bids within 30
3934days after receipt of its encumbrance authorization from the
3935department.
3936     9.  If a contract has not been signed 90 days after the
3937advertising of bids, the funding for the specific project shall
3938revert to the Special Facility Construction Account to be
3939reallocated to other projects on the list. However, an
3940additional 90 days may be granted by the commissioner.
3941     10.  Final phase III plans must be certified by the board
3942as complete and in compliance with the building and life safety
3943codes prior to August 1.
3944     (c)(b)  The Special Facility Construction Committee shall
3945be composed of the following: two representatives of the
3946Department of Education, a representative from the Governor's
3947office, a representative selected annually by the district
3948school boards, and a representative selected annually by the
3949superintendents.
3950     (d)(c)  The committee shall review the requests submitted
3951from the districts, evaluate the ability of the project to
3952relieve critical needs, and rank the requests in priority order.
3953This statewide priority list for special facilities construction
3954shall be submitted to the Legislature in the commissioner's
3955annual capital outlay legislative budget request at least 45
3956days prior to the legislative session. For the initial year of
3957the funding of the program outlined in paragraph (b), the
3958Special Facility Construction Committee shall authorize the
3959disbursement of funds appropriated by the Legislature for the
3960purposes of the program funded by the High Growth County
3961Facility Construction Account created in paragraph (b).
3962     Section 30.  School Concurrency Task Force.-
3963     (1)  The School Concurrency Task Force is created to review
3964the requirements for school concurrency in law and make
3965recommendations regarding streamlining the process and
3966procedures for establishing school concurrency. The task force
3967shall also examine the methodology and processes used for the
3968funding of construction of public schools and make
3969recommendations on revisions to provisions of law and rules
3970which will help ensure that schools are built and available when
3971the expected demands of growth produce the need for new school
3972facilities.
3973     (2)  The task force shall be composed of 11 members. The
3974membership must represent local governments, school boards,
3975developers and homebuilders, the business community, and other
3976appropriate stakeholders. The task force shall include two
3977members appointed by the Governor, two members appointed by the
3978President of the Senate, two members appointed by the Speaker of
3979the House of Representatives, one member appointed by the
3980Florida School Boards Association, one member appointed by the
3981Florida Association of Counties, and one member appointed by the
3982Florida League of Cities. The Secretary of the Department of
3983Community Affairs, or a senior management designee, and the
3984Commissioner of Education, or a senior management designee,
3985shall also be ex officio nonvoting members on the task force.
3986     (3)  The task force shall report to the Governor, the
3987President of the Senate, and the Speaker of the House of
3988Representatives no later than December 1, 2005, with specific
3989recommendations for revisions to provisions of law and rules.
3990     Section 31.  Section 163.31776, Florida Statutes, is
3991repealed.
3992     Section 32.  Beginning in fiscal year 2005-2006, the
3993Department of Transportation shall allocate sufficient funds to
3994implement the transportation provisions of the Sustainable
3995Florida Act of 2005. The department shall develop a plan to
3996expend these revenues and amend the current tentative work
3997program for the time period 2005-2006. In addition, prior to
3998work program adoption, the department shall submit a budget
3999amendment pursuant to s. 339.135(7), Florida Statutes. The
4000department shall provide a report to the President of the Senate
4001and the Speaker of the House of Representative by February 1,
40022006, identifying the program adjustments it has made consistent
4003with the provisions of the Sustainable Florida Transportation
4004Program.
4005     Section 33.  Effective July 1, 2005, the sum of $433.25
4006million from non-recurring General Revenue is appropriated to
4007the State Transportation Trust Fund in the Department of
4008Transportation to be allocated as follows:
4009     (1)  The sum of $100 million for the State-funded
4010Infrastructure Bank pursuant to s. 339.55, Florida Statutes, to
4011be available as loans for local government projects consistent
4012with the provisions of the Transportation Incentive Program for
4013a Sustainable Florida
4014     (2)  The sum of $333.25 million for Transportation
4015Incentive Program for a Sustainable Florida pursuant to s.
4016339.28171, Florida Statutes.
4017     Section 34.  Funding for Sustainable Water
4018Supplies.--Effective July 1, 2005, the sum of $100 million from
4019recurring general revenue for distribution pursuant to s.
4020373.19615, Florida Statutes. The sum of $50 million from
4021nonrecurring general revenue is appropriated to the Department
4022of Environmental Protection for distribution pursuant to s.
4023373.19616, Florida Statutes.
4024     Section 35.  Funding for Sustainable Schools.--In order to
4025provide for innovative approaches to meet school capacity
4026demands, effective July 1, 2005, the sum of $80 million is
4027transferred from recurring general revenue to the Public
4028Education Capital Outlay and Debt Service Trust Fund in the
4029Department of Education to be used as follows:
4030     (1)  The sum of $35 million from recurring funds in the
4031Public Education Capital Outlay and Debt Service Trust Fund
4032shall be used for the Charter School Incentive Program for
4033Sustainable Schools created pursuant to section 1013.352,
4034Florida Statutes.
4035     (2)  The sum of $15 million from recurring funds in the
4036Public Education Capital Outlay and Debt Service Trust Fund
4037shall be used for educational facilities benefit districts as
4038provided in s. 1013.356(3), Florida Statutes, as follows: for
4039construction and capital maintenance costs not covered by the
4040funds provided under s. 1013.356(1), Florida Statutes, in fiscal
4041year 2005-2006, an amount contributed by the state equal to 25
4042percent of the remaining costs of construction and capital
4043maintenance of the educational facilities, up to $2 million. Any
4044construction costs above the cost-per-student criteria
4045established for the SIT Program in s. 1013.72(2), Florida
4046Statutes, shall be funded exclusively by the educational
4047facilities benefit district or the community development
4048district. Funds contributed by a district school board shall not
4049be used to fund operational costs. Funds not committed by March
405031, 2006, revert to the Charter School Incentive Program for
4051Sustainable Schools created pursuant to s. 1013.352, Florida
4052Statutes.
4053     (3)  The sum of $30 million from recurring funds in the
4054Public Education Capital Outlay and Debt Service Trust Fund
4055shall be transferred annually from the Public Education Capital
4056Outlay and Debt Service Trust Fund to the High Growth County
4057Facility Construction Account.
4058
4059Notwithstanding the requirements of ss. 1013.64 and 1013.65,
4060Florida Statutes, these moneys may not be distributes as part of
4061the comprehensive plan for the Public Education Capital Outlay
4062and Debt Service Trust Fund.
4063     Section 36.  (1)  Effective July 1, 2005, the sum of
4064$85,618,291 is appropriated from nonrecurring general revenue
4065for the Classrooms for Kids Program pursuant to s. 1013.735,
4066Florida Statutes.
4067     (2)  Effective July 1 2005, the sum of $246,131,709 is
4068appropriated from nonrecurring general revenue to assist school
4069districts in meeting the school concurrency provisions under
4070this act. Such funds shall be distributed to school districts
4071under the formula pursuant to s. 1013.735(1), Florida Statutes
4072     Section 37.  Statewide Technical Assistance for a
4073Sustainable Florida.--In order to assist local governments and
4074school boards to implement the provisions of this act, effective
4075July 1, 2005, the sum of $3 million is appropriated from
4076recurring general revenue to the Department of Community
4077Affairs. The department shall provide a report to the Governor,
4078the President of the Senate, and the Speaker of the House of
4079Representatives by February 1, 2006, on the progress made toward
4080implementing this act and a recommendation of whether additional
4081funds should be appropriated to provide additional technical
4082assistance to implement this act.
4083     Section 38.  Effective July 1, 2005, the sum of $250,000 is
4084appropriated from recurring general revenue to the Department of
4085Community Affairs to provide the necessary staff and other
4086assistance to the Century Commission for a Sustainable Florida
4087required by section 11.
4088     Section 39.  This act shall take effect July 1, 2005.
4089
4090================= T I T L E  A M E N D M E N T =================
4091     Remove the entire title and insert:
4092
A bill to be entitled
4093An act relating to growth management incentives; providing
4094a popular name; amending s. 163.3164, F.S.; revising a
4095definition to conform; defining the term "financial
4096feasibility"; creating s. 163.3172, F.S.; providing
4097legislative determinations; limiting the effect of certain
4098charter county charter provisions, ordinances, or land
4099development regulations relating to urban infill and
4100redevelopment under certain circumstances; requiring a
4101referendum; providing referendum requirements; amending s.
4102163.3177, F.S.; revising criteria for the capital
4103improvements element of comprehensive plans; providing for
4104subjecting certain local governments to sanctions by the
4105Administration Commission under certain circumstances;
4106deleting obsolete provisions; requiring local governments
4107to adopt a transportation concurrency management system by
4108ordinance; requiring inclusion of alternative water supply
4109projects; providing a methodology requirement; requiring
4110the Department of Transportation to develop a model
4111transportation concurrency management ordinance;
4112specifying ordinance assessment authority; providing
4113additional requirements for a general water element of
4114comprehensive plans; revising public educational
4115facilities element requirements; revising requirements for
4116rural land stewardship areas; exempting rural land
4117stewardship areas from developments of regional impact
4118provisions; requiring counties and municipalities to adopt
4119consistent public school facilities and enter into certain
4120interlocal agreements; authorizing the state land planning
4121agency to grant waivers under certain circumstances;
4122providing additional requirements for public school
4123facilities elements of comprehensive plans; requiring the
4124state land planning agency to adopt phased schedules for
4125adopting a public school facilities element; providing
4126requirements; providing requirements; providing conditions
4127for prohibiting local governments from certain adopting
4128amendments to the comprehensive plan; authorizing the
4129state land planning agency to issue schools certain show
4130cause notices for certain purposes; providing for imposing
4131sanctions on a school board under certain circumstances;
4132providing requirements; encouraging local governments to
4133develop a community vision for certain purposes; providing
4134for assistance by regional planning councils; providing
4135for local government designation of urban service
4136boundaries; providing requirements; amending s. 163.31777,
4137F.S.; applying public schools interlocal agreement
4138provisions to school boards and nonexempt municipalities;
4139deleting a scheduling requirement for public schools
4140interlocal agreements; providing additional requirements
4141for updates and amendments to such interlocal agreements;
4142revising procedures for public school elements
4143implementing school concurrency; revising exemption
4144criteria for certain municipalities; amending s. 163.3180,
4145F.S.; including schools and water supplies under
4146concurrency provisions; revising a transportation
4147facilities scheduling requirement; requiring local
4148governments and the Department of Transportation to
4149cooperatively establish a plan for maintaining certain
4150level-of-service standards for certain facilities within
4151certain areas; requiring local governments to consult with
4152the department to make certain impact assessments relating
4153to concurrency management areas and multimodal
4154transportation districts; revising criteria for local
4155government authorization to grant exceptions from
4156concurrency requirements for transportation facilities;
4157providing for waiving certain transportation facilities
4158concurrency requirements for certain projects under
4159certain circumstances; providing criteria and
4160requirements; revising provisions authorizing local
4161governments to adopt long-term transportation management
4162systems to include long-term school concurrency management
4163systems; revising requirements; requiring periodic
4164evaluation of long-term concurrency systems; providing
4165criteria; revising requirements for roadway facilities on
4166the Strategic Intermodal System; providing additional
4167level-of-service standards requirements; revising
4168requirements for developing school concurrency; requiring
4169adoption of a public school facilities element for
4170effectiveness of a school concurrency requirement;
4171providing an exception; revising service area requirements
4172for concurrency systems; requiring local governments to
4173apply school concurrency on a less than districtwide basis
4174under certain circumstances for certain purposes; revising
4175provisions prohibiting a local government from denying a
4176development order or a functional equivalent authorizing
4177residential developments under certain circumstances;
4178specifying conditions for satisfaction of school
4179concurrency requirements by a developer; providing for
4180mediation of disputes; specifying options for
4181proportionate-share mitigation of impacts on public school
4182facilities; providing criteria and requirements; providing
4183legislative intent relating to mitigation of impacts of
4184development on transportation facilities; authorizing
4185local governments to create mitigation banks for
4186transportation facilities for certain purposes; providing
4187requirements; specifying conditions for satisfaction of
4188transportation facilities concurrency by a developer;
4189providing for mitigation; providing for mediation of
4190disputes; providing criteria for transportation mitigation
4191contributions; providing for enforceable development
4192agreements for certain projects; specifying conditions for
4193satisfaction of concurrency requirements of a local
4194comprehensive plan by a development; amending s. 163.3184,
4195F.S.; correcting cross references; authorizing instead of
4196requiring the state land planning agency to review plan
4197amendments; amending s. 163.3187, F.S.; providing
4198additional criteria for small scale amendments to adopted
4199comprehensive plans; providing an additional exception to
4200a limitation on amending an adopted comprehensive plan by
4201certain municipalities; providing procedures and
4202requirements; providing for notice and public hearings;
4203correcting a cross reference; providing for
4204nonapplication; amending s. 163.3191, F.S.; revising
4205requirements for evaluation and assessment of the
4206coordination of a comprehensive plan with certain schools;
4207providing additional assessment criteria for certain
4208counties and municipalities; requiring certain counties
4209and municipalities to adopt appropriate concurrency goals,
4210objectives, and policies in plan amendments under certain
4211circumstances; revising reporting requirements for
4212evaluation and assessment of water supply sources;
4213providing for a prohibition on plan amendments for failure
4214to timely adopt updating comprehensive plan amendments;
4215creating s. 163.3247, F.S.; providing a popular name;
4216providing legislative findings and intent; creating the
4217Century Commission for a Sustainable Florida for certain
4218purposes; providing for appointment of commission members;
4219providing for terms; providing for meetings and votes of
4220members; requiring members to serve without compensation;
4221providing for per diem and travel expenses; providing
4222powers and duties of the commission; requiring the
4223creation of a joint select committee of the Legislature;
4224providing purposes; requiring the Secretary of Community
4225Affairs to select an executive director of the commission;
4226requiring the Department of Community Affairs to provide
4227staff for the commission; providing for other agency staff
4228support for the commission; amending s. 201.15, F.S.;
4229providing for an alternative distribution to the State
4230Transportation Trust Fund of certain revenues from the
4231excise tax on documents remaining after certain prior
4232distributions; amending s. 215.211, F.S.; providing for
4233deposit of certain service charge revenues into the State
4234Transportation Trust Fund to be used for certain purposes;
4235amending ss. 337.107 and 337.11, F.S.; revising
4236authorization for the Department of Transportation to
4237contract for right-of-way services; providing additional
4238requirements; amending s. 339.08, F.S.; specifying an
4239additional use for moneys in the State  Transportation
4240Trust Fund; amending s. 339.135, F.S.; revising provisions
4241relating to funding and developing a tentative work
4242program; amending s. 339.155, F.S.; providing additional
4243requirements for development of regional transportation
4244plans in certain areas pursuant to interlocal agreements;
4245requiring the department to develop a model interlocal
4246agreement; providing requirements; amending s. 339.175,
4247F.S.; revising requirements for metropolitan planning
4248organizations and transportation improvement programs;
4249creating s. 339.28171, F.S.; creating the Transportation
4250Incentive Program for a Sustainable Florida; providing
4251program requirements; requiring the Department of
4252Transportation to develop criteria to assist local
4253governments in evaluating concurrency management system
4254backlogs; specifying criteria requirements; providing
4255requirements for local governments; specifying percentages
4256and requirements for apportioning matching funds among
4257grant applicants; authorizing the department to administer
4258contracts as requested by local governments; amending s.
4259339.2818, F.S.; revising criteria and requirement for the
4260Small County Outreach Program to conform; creating s.
4261339.2820, F.S.; creating the Off-System Bridge Program for
4262Sustainable Transportation within the Department of
4263Transportation for certain purposes; providing for funding
4264certain project costs; requiring the department to
4265allocate funding for the program for certain projects;
4266specifying criteria for projects to be funded from the
4267program; amending s. 339.55, F.S.; revising funding
4268authorization for the state-funded infrastructure bank ;
4269creating s. 373.19615, F.S.; creating the Florida's
4270Sustainable Water Supplies Program; providing funding
4271requirements for local government development of
4272alternative water supply projects; providing for
4273allocation of funds to water management districts;
4274providing definitions; specifying factors to consider in
4275funding certain projects; providing funding requirements;
4276requiring the Department of Environmental Protection to
4277establish factors for granting financial assistance to
4278eligible projects; creating s. 373.19616, F.S.; creating
4279the Water Transition Assistance Program to establish a
4280low-interest revolving loan program for infrastructure
4281financing for alternative water supplies; providing
4282legislative declarations; providing definitions;
4283authorizing the Department of Environmental Protection to
4284make loans to local governments for certain purposes;
4285authorizing local governments to borrow funds and pledge
4286revenues for repayment; providing loan limitations;
4287authorizing the department to adopt certain rules;
4288requiring the department to prepare an annual report on
4289such financial assistance; providing loan approval
4290requirements for local governments; authorizing the
4291department to conduct or require audits; authorizing the
4292department to require reasonable loan service fees;
4293providing limitations; providing requirements for
4294financial assistance funding; providing for enforcement of
4295loan defaults; authorizing the department to impose
4296penalties for delinquent loan payments; authoriaing the
4297department to terminate financial assistance agreements
4298under certain circumstances; amending s. 373.223, F.S.;
4299providing a presumption of consistency for certain
4300alternative water supply uses; amending s. 380.06, F.S.;
4301providing additional exemptions from development of
4302regional impact provisions for certain projects in
4303proposed developments or redevelopments within an area
4304designated in a comprehensive plan and for proposed
4305developments within certain rural land stewardship areas;
4306amending s. 380.115, F.S.; revising provisions relating to
4307preserving vested rights and duties under development of
4308regional impact guidelines and standards; revising
4309procedures and requirements for governance and rescission
4310of development-of-regional-impact development orders under
4311changing guidelines and standards; requiring the Office of
4312Program Policy Analysis and Government Accountability to
4313conduct a study on adjustments to boundaries of regional
4314planning councils, water management districts, and
4315transportation districts; providing purposes; requiring a
4316study report to the Governor and Legislature; amending s.
43171013.33, F.S.; revising provisions relating to
4318coordination of educational facilities planning pursuant
4319to certain interlocal agreements; revising procedures and
4320requirements for updated agreements and agreement
4321amendments; creating s. 1013.352, F.S.; creating a Charter
4322School Incentive Program for Sustainable Schools;
4323providing purposes; specifying conditions for eligibility
4324for state funds; authorizing the Commissioner of Education
4325to waive certain requirements and distribute certain funds
4326to charter schools under certain circumstances;
4327prohibiting the commissioner from distributing funds to
4328certain schools under certain circumstances; providing for
4329ineligibility of certain schools for charter school outlay
4330funding under certain circumstances; amending s. 1013.64,
4331F.S.; requiring the Department of Education to establish a
4332the High Growth County Facility Construction Account as a
4333separate account within the Public Education Capital
4334Outlay and Debt Service Trust Fund for certain purposes;
4335specifying requirements for funding from the account;
4336creating the School Concurrency Task Force; providing
4337purposes; providing for membership; requiring a report to
4338the Governor and Legislature; repealing s. 163.31776,
4339F.S., relating to the public educational facilities
4340element; requiring the Department of Transportation to
4341allocate sufficient funds so implement the transportation
4342provisions of the act; requiring the department to develop
4343a plan to expend revenues and amend the current work
4344program; requiring the department to submit a budget
4345amendment for certain purposes; requiring a report to the
4346Legislature; providing for funding for sustainable water
4347supplies; providing an appropriation; providing for
4348allocation of the appropriation; specifying uses of
4349appropriations; providing for funding for sustainable
4350schools; providing an appropriation; providing for
4351allocation of the appropriation; specifying uses of the
4352appropriation; providing for Statewide Technical
4353Assistance for a Sustainable Florida; providing an
4354appropriation; specifying uses; requiring the Department
4355of Community Affairs to report to the Governor and
4356Legislature; specifying report requirements; providing an
4357appropriation to the Department of Community Affairs for
4358certain staffing purposes; providing an effective date.
4359
4360     WHEREAS, the Legislature finds and declares that the
4361state's population has increased by approximately 3 million
4362individuals each decade since 1970 to nearly 16 million
4363individuals in 2000, and
4364     WHEREAS, increased populations have resulted in greater
4365density concentrations in many areas around the state and
4366created growth issues that increasingly overlap multiple local
4367government jurisdictional and state agency district boundaries,
4368and
4369     WHEREAS, development patterns throughout areas of the
4370state, in conjunction with the implementation of growth
4371management policies, have increasingly caused urban flight which
4372has resulted in urban sprawl and cause capacity issues related
4373to transportation facilities, public educational facilities, and
4374water supply facilities, and
4375     WHEREAS, the Legislature recognizes that urban infill and
4376redevelopment is a high state priority, and
4377     WHEREAS, consequently, the Legislature determines it in the
4378best interests of the people of the state to undertake action to
4379address these issues and work towards a sustainable Florida
4380where facilities are planned and available concurrent with
4381existing and projected demands while protecting Florida's
4382natural and environmental resources, rural and agricultural
4383resources, and maintaining a viable and sustainable economy, and
4384     WHEREAS, the Legislature enacts measures in the law and
4385earmarks funds for the 2005-2006 fiscal year intended to result
4386in a reemphasis on urban infill and redevelopment, achieving and
4387maintaining concurrency with transportation and public
4388educational facilities, and instilling a sense of
4389intergovernmental cooperation and coordination, and
4390     WHEREAS, the Legislature will establish a standing
4391commission tasked with helping Floridians envision and plan
4392their collective future with an eye towards both 25-year and 50-
4393year horizons, NOW, THEREFORE,


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