November 26, 2020
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699673
  Amendment
Bill No. 1865
Amendment No. 699673
CHAMBER ACTION
Senate House
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1Representative(s) Johnson offered the following:
2
3     Amendment (with title amendment)
4     Remove the entire body and insert:
5     Section 1.  Popular name.--This act may be cited as the
6"Sustainable Florida Act of 2005."
7     Section 2.  Subsection (32) is added to section 163.3164,
8Florida Statutes, to read:
9     163.3164  Local Government Comprehensive Planning and Land
10Development Regulation Act; definitions.--As used in this act:
11     (32)  "Financial feasibility" means sufficient revenues are
12currently available or will be available from committed or
13planned funding sources available for financing capital
14improvements, such as ad valorem taxes, bonds, state and federal
15funds, tax revenues, impact fees, and developer contributions,
16which are adequate to fund the projected costs of the capital
17improvements and as otherwise identified within this act
18necessary to ensure that adopted level-of-service standards are
19achieved and maintained within the 5-year schedule of capital
20improvements.
21     Section 3.  Section 163.3172, Florida Statutes, is created
22to read:
23     163.3172  Urban infill and redevelopment.--In recognition
24that urban infill and redevelopment is a high state priority,
25the Legislature determines that local governments should not
26adopt charter provisions, ordinances, or land development
27regulations that discourage this state priority. Higher density
28urban development is appropriate in urban core areas and should
29be encouraged in such areas. Conversely, it is appropriate to
30discourage greater height and density as a development form in
31areas outside the urban core where such development forms are
32incompatible with existing land uses. Notwithstanding chapters
33125 and 163, any existing or future charter county charter
34provision, ordinance, land development regulation, or countywide
35special act that governs the use, development, or redevelopment
36of land shall not be effective within any municipality of the
37county unless the charter provision, ordinance, land development
38regulation, or countywide special act is approved by a majority
39vote of the municipality's governing board or is approved by a
40majority vote of the county's governing board for placement on
41the ballot as a countywide referendum and:
42     (1)  The ballot form includes a ballot summary of the
43measure being voted on, which has been agreed to by the
44municipality, in addition to any other requirements of law. If
45no agreement on the ballot summary language is reached with the
46municipality, the ballot form shall also contain an estimate, as
47created by the municipality, of the fiscal impact of the measure
48upon the municipality.
49     (2)  The referendum is approved by a majority vote of the
50electors of the county voting in the referendum.
51
52Existing charter provisions and countywide special acts that
53have been approved by referendum prior to the effective date of
54this act must be readopted in accordance with this section in
55order to apply within a municipality. However, any existing
56charter county charter provision that has established a rural
57boundary as delineated on a rural boundary map shall not be
58required to have the charter provision readopted in accordance
59with this section and shall continue to apply within
60municipalities of the charter county. In the event of a conflict
61between a countywide ordinance and a municipal ordinance within
62a charter county that regulates expressive conduct, the more
63restrictive ordinance shall govern. In addition, the
64requirements of this section restricting charter county charter
65provisions, ordinances, or land development regulations
66concerning building height restrictions shall not apply within
67any areas of critical state concern designated pursuant to s.
68380.05-380.0555.
69     Section 4.  Subsection (3), paragraphs (a), (b), (c), and
70(h) of subsection (6), paragraph (d) of subsection (11), and
71subsection (12) of section 163.3177, Florida Statutes, are
72amended, and subsection (13) is added to said section, to read:
73     163.3177  Required and optional elements of comprehensive
74plan; studies and surveys.--
75     (3)(a)  The comprehensive plan shall contain a capital
76improvements element designed to consider the need for and the
77location of public facilities in order to encourage the
78efficient utilization of such facilities and set forth:
79     1.  A component which outlines principles for construction,
80extension, or increase in capacity of public facilities, as well
81as a component which outlines principles for correcting existing
82public facility deficiencies, which are necessary to implement
83the comprehensive plan. The components shall cover at least a 5-
84year period.
85     2.  Estimated public facility costs, including a
86delineation of when facilities will be needed, the general
87location of the facilities, and projected revenue sources to
88fund the facilities.
89     3.  Standards to ensure the availability of public
90facilities and the adequacy of those facilities including
91acceptable levels of service.
92     4.  Standards for the management of debt.
93     5.  A schedule of capital improvements which includes
94publicly funded projects and which may include privately funded
95projects.
96     6.  The schedule of transportation improvements included in
97the applicable metropolitan planning organization's
98transportation improvement program adopted pursuant to s.
99339.175(7) to the extent that such improvements are relied upon
100to ensure concurrency and financial feasibility. The schedule
101must also be coordinated with the applicable metropolitan
102planning organization's long-range transportation plan adopted
103pursuant to s. 339.175(6).
104     (b)1.  The capital improvements element shall be reviewed
105on an annual basis and modified as necessary in accordance with
106s. 163.3187 or s. 163.3189 in order to maintain a financially
107feasible 5-year schedule of capital improvements., except that
108Corrections, updates, and modifications concerning costs,;
109revenue sources, or; acceptance of facilities pursuant to
110dedications which are consistent with the plan; or the date of
111construction of any facility enumerated in the capital
112improvements schedule element may be accomplished by ordinance
113and shall not be deemed to be amendments to the local
114comprehensive plan. A copy of the ordinance shall be transmitted
115to the state land planning agency. All public facilities shall
116be consistent with the capital improvements element. Amendments
117to implement this section must be adopted and transmitted no
118later than December 1, 2007. Thereafter, a local government may
119not amend its future land use map, except for plan amendments to
120meet new requirements under this part and emergency amendments
121pursuant to s. 163.3187(1)(a), after December 1, 2007, and every
122year thereafter until the local government has adopted the
123annual update and the annual update has been transmitted to the
124state land planning agency.
125     2.  Capital improvements element amendments adopted after
126the effective date of this act shall require only a single
127public hearing before the governing board which shall be an
128adoption hearing as described in s. 163.3184(7). Such amendments
129are not subject to the requirements of s. 163.3184(3)-(6).
130Amendments to the 5-year schedule of capital improvements
131adopted after the effective date of this act shall not be
132subject to challenge by an affected party. If the department
133finds an amendment pursuant to this subparagraph not in
134compliance, the local government may challenge that
135determination pursuant to s. 163.3184(10).
136     (6)  In addition to the requirements of subsections (1)-
137(5), the comprehensive plan shall include the following
138elements:
139     (a)  A future land use plan element designating proposed
140future general distribution, location, and extent of the uses of
141land for residential uses, commercial uses, industry,
142agriculture, recreation, conservation, education, public
143buildings and grounds, other public facilities, and other
144categories of the public and private uses of land. Counties are
145encouraged to designate rural land stewardship areas, pursuant
146to the provisions of paragraph (11)(d), as overlays on the
147future land use map. Each future land use category must be
148defined in terms of uses included, and must include standards to
149be followed in the control and distribution of population
150densities and building and structure intensities. The proposed
151distribution, location, and extent of the various categories of
152land use shall be shown on a land use map or map series which
153shall be supplemented by goals, policies, and measurable
154objectives. The future land use plan shall be based upon
155surveys, studies, and data regarding the area, including the
156amount of land required to accommodate anticipated growth; the
157projected population of the area; the character of undeveloped
158land; the availability of water supplies, public facilities, and
159services; the need for redevelopment, including the renewal of
160blighted areas and the elimination of nonconforming uses which
161are inconsistent with the character of the community; the
162compatibility of uses on lands adjacent to or closely proximate
163to military installations; and, in rural communities, the need
164for job creation, capital investment, and economic development
165that will strengthen and diversify the community's economy. The
166future land use plan may designate areas for future planned
167development use involving combinations of types of uses for
168which special regulations may be necessary to ensure development
169in accord with the principles and standards of the comprehensive
170plan and this act. The future land use plan element shall
171include criteria to be used to achieve the compatibility of
172adjacent or closely proximate lands with military installations.
173In addition, for rural communities, the amount of land
174designated for future planned industrial use shall be based upon
175surveys and studies that reflect the need for job creation,
176capital investment, and the necessity to strengthen and
177diversify the local economies, and shall not be limited solely
178by the projected population of the rural community. The future
179land use plan of a county may also designate areas for possible
180future municipal incorporation. The land use maps or map series
181shall generally identify and depict historic district boundaries
182and shall designate historically significant properties meriting
183protection. The future land use element must clearly identify
184the land use categories in which public schools are an allowable
185use. When delineating the land use categories in which public
186schools are an allowable use, a local government shall include
187in the categories sufficient land proximate to residential
188development to meet the projected needs for schools in
189coordination with public school boards and may establish
190differing criteria for schools of different type or size. Each
191local government shall include lands contiguous to existing
192school sites, to the maximum extent possible, within the land
193use categories in which public schools are an allowable use. All
194comprehensive plans must comply with the school siting
195requirements of this paragraph no later than October 1, 1999.
196The failure by a local government to comply with these school
197siting requirements by October 1, 1999, will result in the
198prohibition of the local government's ability to amend the local
199comprehensive plan, except for plan amendments described in s.
200163.3187(1)(b), until the school siting requirements are met.
201Amendments proposed by a local government for purposes of
202identifying the land use categories in which public schools are
203an allowable use or for adopting or amending the school-siting
204maps pursuant to s. 163.31776(3) are exempt from the limitation
205on the frequency of plan amendments contained in s. 163.3187.
206The future land use element shall include criteria that
207encourage the location of schools proximate to urban residential
208areas to the extent possible and shall require that the local
209government seek to collocate public facilities, such as parks,
210libraries, and community centers, with schools to the extent
211possible and to encourage the use of elementary schools as focal
212points for neighborhoods. For schools serving predominantly
213rural counties, defined as a county with a population of 100,000
214or fewer, an agricultural land use category shall be eligible
215for the location of public school facilities if the local
216comprehensive plan contains school siting criteria and the
217location is consistent with such criteria. Local governments
218required to update or amend their comprehensive plan to include
219criteria and address compatibility of adjacent or closely
220proximate lands with existing military installations in their
221future land use plan element shall transmit the update or
222amendment to the department by June 30, 2006.
223     (b)  A traffic circulation element consisting of the types,
224locations, and extent of existing and proposed major
225thoroughfares and transportation routes, including bicycle and
226pedestrian ways. Transportation corridors, as defined in s.
227334.03, may be designated in the traffic circulation element
228pursuant to s. 337.273. If the transportation corridors are
229designated, the local government may adopt a transportation
230corridor management ordinance. By December 1, 2006, each local
231government shall adopt by ordinance a transportation concurrency
232management system which shall include a methodology for
233assessing proportionate share mitigation options. By December 1,
2342005, the Department of Transportation shall develop a model
235transportation concurrency management ordinance with
236methodologies for assessing proportionate share options. The
237transportation concurrency management ordinance may assess a
238concurrency impact area by districts or systemwide.
239     (c)  A general sanitary sewer, solid waste, drainage,
240potable water, and natural groundwater aquifer recharge element
241correlated to principles and guidelines for future land use,
242indicating ways to provide for future potable water, drainage,
243sanitary sewer, solid waste, and aquifer recharge protection
244requirements for the area. The element may be a detailed
245engineering plan including a topographic map depicting areas of
246prime groundwater recharge. The element shall describe the
247problems and needs and the general facilities that will be
248required for solution of the problems and needs. The element
249shall also include a topographic map depicting any areas adopted
250by a regional water management district as prime groundwater
251recharge areas for the Floridan or Biscayne aquifers, pursuant
252to s. 373.0395. These areas shall be given special consideration
253when the local government is engaged in zoning or considering
254future land use for said designated areas. For areas served by
255septic tanks, soil surveys shall be provided which indicate the
256suitability of soils for septic tanks. Within 18 months after
257the governing board approves an updated regional water supply
258plan, the local government shall submit a comprehensive plan
259amendment that incorporates the alternative water supply
260projects selected by the local government from those identified
261in the regional supply plan pursuant to s. 373.0361(2)(a) or
262proposed by the local government under s. 373.0361, into the
263element. If a local government is located within two water
264management districts, the local government shall adopt its
265comprehensive plan amendment within 18 months after the later
266updated By December 1, 2006, The element must consider the
267appropriate water management district's regional water supply
268plan approved pursuant to s. 373.0361. The element must identify
269such alternative water supply projects and traditional water
270supply projects and conservation and reuse necessary to meet the
271water needs identified in s. 373.0361(2)(a) within the local
272government's jurisdiction and include a work plan, covering at
273least a 10-year planning period, for building public water
274supply facilities, including development of alternative water
275supplies that are necessary to meet existing and projected water
276use demand over the work planning period. The work plan shall
277also describe how the water supply needs will be met over the
278course of the planning period from any other providers of water,
279if applicable that are identified in the element as necessary to
280serve existing and new development and for which the local
281government is responsible. The work plan shall be updated, at a
282minimum, every 5 years within 18 12 months after the governing
283board of a water management district approves an updated
284regional water supply plan. Local governments, public and
285private utilities, regional water supply authorities, special
286districts, and water management districts are encouraged to
287cooperatively plan for the development of multijurisdictional
288water supply facilities that are sufficient to meet projected
289demands for established planning periods, including the
290development of alternative water sources to supplement
291traditional sources of ground and surface water supplies.
292Amendments to incorporate the work plan do not count toward the
293limitation on the frequency of adoption of amendments to the
294comprehensive plan.
295     (h)1.  An intergovernmental coordination element showing
296relationships and stating principles and guidelines to be used
297in the accomplishment of coordination of the adopted
298comprehensive plan with the plans of school boards, regional
299water supply authorities, and other units of local government
300providing services but not having regulatory authority over the
301use of land, with the comprehensive plans of adjacent
302municipalities, the county, adjacent counties, or the region,
303with the state comprehensive plan and with the applicable
304regional water supply plan approved pursuant to s. 373.0361, as
305the case may require and as such adopted plans or plans in
306preparation may exist. This element of the local comprehensive
307plan shall demonstrate consideration of the particular effects
308of the local plan, when adopted, upon the development of
309adjacent municipalities, the county, adjacent counties, or the
310region, or upon the state comprehensive plan, as the case may
311require.
312     a.  The intergovernmental coordination element shall
313provide for procedures to identify and implement joint planning
314areas, especially for the purpose of annexation, municipal
315incorporation, and joint infrastructure service areas.
316     b.  The intergovernmental coordination element shall
317provide for recognition of campus master plans prepared pursuant
318to s. 1013.30.
319     c.  The intergovernmental coordination element may provide
320for a voluntary dispute resolution process as established
321pursuant to s. 186.509 for bringing to closure in a timely
322manner intergovernmental disputes. A local government may
323develop and use an alternative local dispute resolution process
324for this purpose.
325     2.  The intergovernmental coordination element shall
326further state principles and guidelines to be used in the
327accomplishment of coordination of the adopted comprehensive plan
328with the plans of school boards and other units of local
329government providing facilities and services but not having
330regulatory authority over the use of land. In addition, the
331intergovernmental coordination element shall describe joint
332processes for collaborative planning and decisionmaking on
333population projections and public school siting, the location
334and extension of public facilities subject to concurrency, and
335siting facilities with countywide significance, including
336locally unwanted land uses whose nature and identity are
337established in an agreement. Within 1 year of adopting their
338intergovernmental coordination elements, each county, all the
339municipalities within that county, the district school board,
340and any unit of local government service providers in that
341county shall establish by interlocal or other formal agreement
342executed by all affected entities, the joint processes described
343in this subparagraph consistent with their adopted
344intergovernmental coordination elements.
345     3.  To foster coordination between special districts and
346local general-purpose governments as local general-purpose
347governments implement local comprehensive plans, each
348independent special district must submit a public facilities
349report to the appropriate local government as required by s.
350189.415.
351     4.a.  Local governments adopting a public educational
352facilities element pursuant to s. 163.31776 must execute an
353interlocal agreement with the district school board, the county,
354and nonexempt municipalities pursuant to s. 163.31777, as
355defined by s. 163.31776(1), which includes the items listed in
356s. 163.31777(2). The local government shall amend the
357intergovernmental coordination element to provide that
358coordination between the local government and school board is
359pursuant to the agreement and shall state the obligations of the
360local government under the agreement.
361     b.  Plan amendments that comply with this subparagraph are
362exempt from the provisions of s. 163.3187(1).
363     5.  The state land planning agency shall establish a
364schedule for phased completion and transmittal of plan
365amendments to implement subparagraphs 1., 2., and 3. from all
366jurisdictions so as to accomplish their adoption by December 31,
3671999. A local government may complete and transmit its plan
368amendments to carry out these provisions prior to the scheduled
369date established by the state land planning agency. The plan
370amendments are exempt from the provisions of s. 163.3187(1).
371     6.  By January 1, 2004, Any county having a population
372greater than 100,000, and the municipalities and special
373districts within that county, shall submit a report to the
374Department of Community Affairs which:
375     a.  Identifies all existing or proposed interlocal service-
376delivery agreements regarding the following: education; sanitary
377sewer; public safety; solid waste; drainage; potable water;
378parks and recreation; and transportation facilities.
379     b.  Identifies any deficits or duplication in the provision
380of services within its jurisdiction, whether capital or
381operational. Upon request, the Department of Community Affairs
382shall provide technical assistance to the local governments in
383identifying deficits or duplication.
384     7.  Within 6 months after submission of the report, the
385Department of Community Affairs shall, through the appropriate
386regional planning council, coordinate a meeting of all local
387governments within the regional planning area to discuss the
388reports and potential strategies to remedy any identified
389deficiencies or duplications.
390     8.  Each local government shall update its
391intergovernmental coordination element based upon the findings
392in the report submitted pursuant to subparagraph 6. The report
393may be used as supporting data and analysis for the
394intergovernmental coordination element.
395     9.  By February 1, 2003, representatives of municipalities,
396counties, and special districts shall provide to the Legislature
397recommended statutory changes for annexation, including any
398changes that address the delivery of local government services
399in areas planned for annexation.
400     (11)
401     (d)1.  The department, in cooperation with the Department
402of Agriculture and Consumer Services, the Department of
403Environmental Protection, water management districts, and
404regional planning councils, shall provide assistance to local
405governments in the implementation of this paragraph and rule 9J-
4065.006(5)(l), Florida Administrative Code. Implementation of
407those provisions shall include a process by which the department
408may authorize local governments to designate all or portions of
409lands classified in the future land use element as predominantly
410agricultural, rural, open, open-rural, or a substantively
411equivalent land use, as a rural land stewardship area within
412which planning and economic incentives are applied to encourage
413the implementation of innovative and flexible planning and
414development strategies and creative land use planning
415techniques, including those contained herein and in rule 9J-
4165.006(5)(l), Florida Administrative Code. Assistance may
417include, but is not limited to:
418     a.  Assistance from the Department of Environmental
419Protection and water management districts in creating the
420geographic information systems land cover database and aerial
421photogrammetry needed to prepare for a rural land stewardship
422area;
423     b.  Support for local government implementation of rural
424land stewardship concepts by providing information and
425assistance to local governments regarding land acquisition
426programs that may be used by the local government or landowners
427to leverage the protection of greater acreage and maximize the
428effectiveness of rural land stewardship areas; and
429     c.  Expansion of the role of the Department of Community
430Affairs as a resource agency to facilitate establishment of
431rural land stewardship areas in smaller rural counties that do
432not have the staff or planning budgets to create a rural land
433stewardship area.
434     2.  The state land planning agency department shall
435encourage participation by local governments of different sizes
436and rural characteristics in establishing and implementing rural
437land stewardship areas. It is the intent of the Legislature that
438rural land stewardship areas be used to further the following
439broad principles of rural sustainability: restoration and
440maintenance of the economic value of rural land; control of
441urban sprawl; identification and protection of ecosystems,
442habitats, and natural resources; promotion of rural economic
443activity; maintenance of the viability of Florida's agricultural
444economy; and protection of the character of rural areas of
445Florida. Rural land stewardship areas may be multicounty in
446order to encourage coordinated regional stewardship planning.
447     3.  A local government, in conjunction with a regional
448planning council, a stakeholder organization of private land
449owners, or another local government, shall notify the department
450in writing of its intent to designate a rural land stewardship
451area. The written notification shall describe the basis for the
452designation, including the extent to which the rural land
453stewardship area enhances rural land values, controls urban
454sprawl, provides necessary open space for agriculture and
455protection of the natural environment, promotes rural economic
456activity, and maintains rural character and the economic
457viability of agriculture.
458     4.  A rural land stewardship area shall be not less than
45910,000 acres and shall be located outside of municipalities and
460established urban growth boundaries, and shall be designated by
461plan amendment. The plan amendment designating a rural land
462stewardship area shall be subject to review by the Department of
463Community Affairs pursuant to s. 163.3184 and shall provide for
464the following:
465     a.  Criteria for the designation of receiving areas within
466rural land stewardship areas in which innovative planning and
467development strategies may be applied. Criteria shall at a
468minimum provide for the following: adequacy of suitable land to
469accommodate development so as to avoid conflict with
470environmentally sensitive areas, resources, and habitats;
471compatibility between and transition from higher density uses to
472lower intensity rural uses; the establishment of receiving area
473service boundaries which provide for a separation between
474receiving areas and other land uses within the rural land
475stewardship area through limitations on the extension of
476services; and connection of receiving areas with the rest of the
477rural land stewardship area using rural design and rural road
478corridors.
479     b.  Goals, objectives, and policies setting forth the
480innovative planning and development strategies to be applied
481within rural land stewardship areas pursuant to the provisions
482of this section.
483     c.  A process for the implementation of innovative planning
484and development strategies within the rural land stewardship
485area, including those described in this subsection and rule 9J-
4865.006(5)(l), Florida Administrative Code, which provide for a
487functional mix of land uses and which are applied through the
488adoption by the local government of zoning and land development
489regulations applicable to the rural land stewardship area.
490     d.  A process which encourages visioning pursuant to s.
491163.3167(11) to ensure that innovative planning and development
492strategies comply with the provisions of this section.
493     e.  The control of sprawl through the use of innovative
494strategies and creative land use techniques consistent with the
495provisions of this subsection and rule 9J-5.006(5)(l), Florida
496Administrative Code.
497     5.  A receiving area shall be designated by the adoption of
498a land development regulation. Prior to the designation of a
499receiving area, the local government shall provide the
500Department of Community Affairs a period of 30 days in which to
501review a proposed receiving area for consistency with the rural
502land stewardship area plan amendment and to provide comments to
503the local government.
504     6.  Upon the adoption of a plan amendment creating a rural
505land stewardship area, the local government shall, by ordinance,
506establish the methodology for the creation, conveyance, and use
507of transferable rural land use credits, otherwise referred to as
508stewardship credits, the application of assign to the area a
509certain number of credits, to be known as "transferable rural
510land use credits," which shall not constitute a right to develop
511land, nor increase density of land, except as provided by this
512section. The total amount of transferable rural land use credits
513within assigned to the rural land stewardship area must enable
514the realization of the long-term vision and goals for correspond
515to the 25-year or greater projected population of the rural land
516stewardship area. Transferable rural land use credits are
517subject to the following limitations:
518     a.  Transferable rural land use credits may only exist
519within a rural land stewardship area.
520     b.  Transferable rural land use credits may only be used on
521lands designated as receiving areas and then solely for the
522purpose of implementing innovative planning and development
523strategies and creative land use planning techniques adopted by
524the local government pursuant to this section.
525     c.  Transferable rural land use credits assigned to a
526parcel of land within a rural land stewardship area shall cease
527to exist if the parcel of land is removed from the rural land
528stewardship area by plan amendment.
529     d.  Neither the creation of the rural land stewardship area
530by plan amendment nor the assignment of transferable rural land
531use credits by the local government shall operate to displace
532the underlying density of land uses assigned to a parcel of land
533within the rural land stewardship area; however, if transferable
534rural land use credits are transferred from a parcel for use
535within a designated receiving area, the underlying density
536assigned to the parcel of land shall cease to exist.
537     e.  The underlying density on each parcel of land located
538within a rural land stewardship area shall not be increased or
539decreased by the local government, except as a result of the
540conveyance or use of transferable rural land use credits, as
541long as the parcel remains within the rural land stewardship
542area.
543     f.  Transferable rural land use credits shall cease to
544exist on a parcel of land where the underlying density assigned
545to the parcel of land is utilized.
546     g.  An increase in the density of use on a parcel of land
547located within a designated receiving area may occur only
548through the assignment or use of transferable rural land use
549credits and shall not require a plan amendment.
550     h.  A change in the density of land use on parcels located
551within receiving areas shall be specified in a development order
552which reflects the total number of transferable rural land use
553credits assigned to the parcel of land and the infrastructure
554and support services necessary to provide for a functional mix
555of land uses corresponding to the plan of development.
556     i.  Land within a rural land stewardship area may be
557removed from the rural land stewardship area through a plan
558amendment.
559     j.  Transferable rural land use credits may be assigned at
560different ratios of credits per acre according to the natural
561resource or other beneficial use characteristics of the land and
562according to the land use remaining following the transfer of
563credits, with the highest number of credits per acre assigned to
564the most environmentally valuable land, or in locations where
565the retention of and a lesser number of credits to be assigned
566to open space and agricultural land is a priority, to such
567lands.
568     k.  The use or conveyance of transferable rural land use
569credits must be recorded in the public records of the county in
570which the property is located as a covenant or restrictive
571easement running with the land in favor of the county and either
572the Department of Environmental Protection, Department of
573Agriculture and Consumer Services, a water management district,
574or a recognized statewide land trust.
575     7.  Owners of land within rural land stewardship areas
576should be provided incentives to enter into rural land
577stewardship agreements, pursuant to existing law and rules
578adopted thereto, with state agencies, water management
579districts, and local governments to achieve mutually agreed upon
580conservation objectives. Such incentives may include, but not be
581limited to, the following:
582     a.  Opportunity to accumulate transferable mitigation
583credits.
584     b.  Extended permit agreements.
585     c.  Opportunities for recreational leases and ecotourism.
586     d.  Payment for specified land management services on
587publicly owned land, or property under covenant or restricted
588easement in favor of a public entity.
589     e.  Option agreements for sale to public entities or
590private land conservation entities, in either fee or easement,
591upon achievement of conservation objectives.
592     8.  The department shall report to the Legislature on an
593annual basis on the results of implementation of rural land
594stewardship areas authorized by the department, including
595successes and failures in achieving the intent of the
596Legislature as expressed in this paragraph.
597     9.  In recognition of the benefits of conceptual long-range
598planning, restoration and maintenance of the economic value of
599rural land; control of urban sprawl; identification and
600protection of ecosystems, habitats, and natural resources;
601promotion of rural economic activity; maintenance of the
602viability of the agricultural economy of this state; and
603protection of the character of rural areas of this state that
604will result from a rural land stewardship area, and to further
605encourage the innovative planning and development strategies in
606a rural land stewardship area, development within a rural land
607stewardship area is exempt from the requirements of s. 380.06.
608     (12)  A public school facilities element adopted to
609implement a school concurrency program shall meet the
610requirements of this subsection.
611     (a)  Each county and each municipality within the county
612must adopt a consistent public school facilities element and
613enter an interlocal agreement pursuant to s. 163.31777. The
614state land planning agency may provide a waiver to a county and
615to the municipalities within the county if the utilization rate
616for all schools within the district is less than 100 percent and
617the projected 5-year capital outlay full-time equivalent student
618growth rate is less than 10 percent. At its discretion, the
619state land planning agency may grant a waiver to a county or
620municipality for a single school to exceed the 100 percent
621limitation if it can be demonstrated that the capacity for that
622single school is not greater than 105 percent. A municipality in
623a nonexempt county is exempt if the municipality meets all of
624the following criteria for having no significant impact on
625school attendance:
626     1.  The municipality has issued development orders for
627fewer than 50 residential dwelling units during the preceding 5
628years or the municipality has generated fewer than 25 additional
629public school students during the preceding 5 years.
630     2.  The municipality has not annexed new land during the
631preceding 5 years in land use categories that permit residential
632uses that will affect school attendance rates.
633     3.  The municipality has no public schools located within
634its boundaries.
635     4.  At least 80 percent of the developable land within the
636boundaries of the municipality has been developed.
637     (b)(a)  A public school facilities element shall be based
638upon data and analyses that address, among other items, how
639level-of-service standards will be achieved and maintained. Such
640data and analyses must include, at a minimum, such items as: the
641interlocal agreement adopted pursuant to s. 163.31777 and the 5-
642year school district facilities work program adopted pursuant to
643s. 1013.35; the educational plant survey prepared pursuant to s.
6441013.31 and an existing educational and ancillary plant map or
645map series; information on existing development and development
646anticipated for the next 5 years and the long-term planning
647period; an analysis of problems and opportunities for existing
648schools and schools anticipated in the future; an analysis of
649opportunities to collocate future schools with other public
650facilities such as parks, libraries, and community centers; an
651analysis of the need for supporting public facilities for
652existing and future schools; an analysis of opportunities to
653locate schools to serve as community focal points; projected
654future population and associated demographics, including
655development patterns year by year for the upcoming 5-year and
656long-term planning periods; and anticipated educational and
657ancillary plants with land area requirements.
658     (c)(b)  The element shall contain one or more goals which
659establish the long-term end toward which public school programs
660and activities are ultimately directed.
661     (d)(c)  The element shall contain one or more objectives
662for each goal, setting specific, measurable, intermediate ends
663that are achievable and mark progress toward the goal.
664     (e)(d)  The element shall contain one or more policies for
665each objective which establish the way in which programs and
666activities will be conducted to achieve an identified goal.
667     (f)(e)  The objectives and policies shall address items
668such as:
669     1.  The procedure for an annual update process;
670     2.  The procedure for school site selection;
671     3.  The procedure for school permitting;
672     4.  Provision of supporting infrastructure necessary to
673support proposed schools, including potable water, wastewater,
674drainage, solid waste, transportation, and means by which to
675ensure safe access to schools, including sidewalks, bicycle
676paths, turn lanes, and signalization;
677     5.  Provision of colocation of other public facilities,
678such as parks, libraries, and community centers, in proximity to
679public schools;
680     6.  Provision of location of schools proximate to
681residential areas and to complement patterns of development,
682including the location of future school sites so they serve as
683community focal points;
684     7.  Measures to ensure compatibility of school sites and
685surrounding land uses;
686     8.  Coordination with adjacent local governments and the
687school district on emergency preparedness issues, including the
688use of public schools to serve as emergency shelters; and
689     9.  Coordination with the future land use element.
690     (g)(f)  The element shall include one or more future
691conditions maps which depict the anticipated location of
692educational and ancillary plants, including the general location
693of improvements to existing schools or new schools anticipated
694over the 5-year or long-term planning period. The maps will of
695necessity be general for the long-term planning period and more
696specific for the 5-year period. Maps indicating general
697locations of future schools or school improvements may not
698prescribe a land use on a particular parcel of land.
699     (h)  The state land planning agency shall establish phased
700schedules for adoption of the public school facilities element
701and the required updates to the public schools interlocal
702agreement pursuant to s. 163.31777. The schedule for the updated
703public schools interlocal agreement shall provide for each
704county and municipality within the county to submit the
705agreement no later than December 1, 2006. The schedule for the
706public schools facilities element must provide for each county
707and municipality to submit the adopted element to the state land
708planning agency by December 1, 2008. The state land planning
709agency may grant a 1-year extension for the adoption of the
710element if a request is justified by good and sufficient cause
711as determined by the agency. The state land planning agency
712shall set the same date for all governmental entities within a
713school district. However, if the county where the school
714district is located contains more than 20 municipalities, the
715state land planning agency may establish staggered due dates for
716the submission of interlocal agreements by these municipalities.
717Plan amendments to adopt a public school facilities element are
718exempt from the provisions of s. 163.3187(1).
719     (i)  Failure to timely adopt updating amendments to the
720comprehensive plan that are necessary to implement school
721concurrency prior to December 1, 2008, unless a one-year
722extension has been granted, shall result in a local government
723being prohibited from adopting amendments to the comprehensive
724plan that increase residential density until the necessary
725amendments have been adopted and the adopted amendments have
726been transmitted to the state land planning agency.
727     (j)  The state land planning agency may issue the school
728board a notice to show cause why sanctions should not be
729enforced for failure to enter into an approved interlocal
730agreement as required by s. 163.31777 or for failure to
731implement the provisions of this act relating to public school
732concurrency. The school board may be subject to sanctions
733imposed by the Administration Commission directing the
734Department of Education to withhold from the district school
735board an equivalent amount of funds for school construction
736available to s. 1013.65, 1013.68, 1013.70, and 1013.72.
737     (13)  Local governments are encouraged to develop a
738community vision that provides for sustainable growth,
739recognizes the local government's fiscal constraints, and
740protects the local government's natural resources pursuant to s.
741163.167(11). At the request of a local government, the
742applicable regional planning council shall provide assistance in
743the development of a community vision.
744     Section 5.  Section 163.31777, Florida Statutes, is amended
745to read:
746     163.31777  Public schools interlocal agreement.--
747     (1)(a)  The school board, county, and nonexempt
748municipalities located within the geographic area of a school
749district shall enter into an interlocal agreement with the
750district school board which jointly establishes the specific
751ways in which the plans and processes of the district school
752board and the local governments are to be coordinated. The
753interlocal agreements shall be submitted to the state land
754planning agency and the Office of Educational Facilities and the
755SMART Schools Clearinghouse in accordance with a schedule
756published by the state land planning agency.
757     (b)  The schedule must establish staggered due dates for
758submission of interlocal agreements that are executed by both
759the local government and the district school board, commencing
760on March 1, 2003, and concluding by December 1, 2004, and must
761set the same date for all governmental entities within a school
762district. However, if the county where the school district is
763located contains more than 20 municipalities, the state land
764planning agency may establish staggered due dates for the
765submission of interlocal agreements by these municipalities. The
766schedule must begin with those areas where both the number of
767districtwide capital-outlay full-time-equivalent students equals
76880 percent or more of the current year's school capacity and the
769projected 5-year student growth is 1,000 or greater, or where
770the projected 5-year student growth rate is 10 percent or
771greater.
772     (b)(c)  If the student population has declined over the 5-
773year period preceding the due date for submittal of an
774interlocal agreement by the local government and the district
775school board, the local government and the district school board
776may petition the state land planning agency for a waiver of one
777or more requirements of subsection (2). The waiver must be
778granted if the procedures called for in subsection (2) are
779unnecessary because of the school district's declining school
780age population, considering the district's 5-year facilities
781work program prepared pursuant to s. 1013.35. The state land
782planning agency may modify or revoke the waiver upon a finding
783that the conditions upon which the waiver was granted no longer
784exist. The district school board and local governments must
785submit an interlocal agreement within 1 year after notification
786by the state land planning agency that the conditions for a
787waiver no longer exist.
788     (c)(d)  Interlocal agreements between local governments and
789district school boards adopted pursuant to s. 163.3177 before
790the effective date of this section must be updated and executed
791pursuant to the requirements of this section, if necessary.
792Amendments to interlocal agreements adopted pursuant to this
793section must be submitted to the state land planning agency
794within 30 days after execution by the parties for review
795consistent with this section. Local governments and the district
796school board in each school district are encouraged to adopt a
797single updated interlocal agreement to which all join as
798parties. The state land planning agency shall assemble and make
799available model interlocal agreements meeting the requirements
800of this section and notify local governments and, jointly with
801the Department of Education, the district school boards of the
802requirements of this section, the dates for compliance, and the
803sanctions for noncompliance. The state land planning agency
804shall be available to informally review proposed interlocal
805agreements. If the state land planning agency has not received a
806proposed interlocal agreement for informal review, the state
807land planning agency shall, at least 60 days before the deadline
808for submission of the executed agreement, renotify the local
809government and the district school board of the upcoming
810deadline and the potential for sanctions.
811     (2)  At a minimum, The interlocal agreement shall
812acknowledge the school board's constitutional and statutory
813obligations to provide a uniform system of free public schools
814on a countywide basis and the land use authority of local
815governments, including their authority to approve or deny
816comprehensive plan amendments and development orders. The
817interlocal agreement must address the following issues:
818     (a)  Establish the mechanisms for coordinating the
819development, adoption, and amendment of each local government's
820public school facilities element with each other and the plans
821of the school board to ensure a uniform districtwide school
822concurrency system.
823     (b)  Establish a process for the development of siting
824criteria which encourages the location of public schools
825proximate to urban residential areas to the extent possible and
826seeks to collocate schools with other public facilities such as
827parks, libraries, and community centers to the extent possible.
828     (c)  Specify uniform, districtwide level-of-service
829standards for public schools of the same type and the process
830for modifying the adopted levels-of-service standards.
831     (d)  A process for establishing a financially feasible
832public school capital facilities program and a process and
833schedule for incorporation of the public school capital
834facilities program into the local government comprehensive plans
835on an annual basis.
836     (e)  If school concurrency is to be applied on a less than
837districtwide basis in the form of concurrency service areas, the
838agreement shall establish criteria and standards for the
839establishment and modification of school concurrency service
840areas. The agreement shall also establish a process and schedule
841for the mandatory incorporation of the school concurrency
842service areas and the criteria and standards for establishment
843of the service areas into the local government comprehensive
844plans. The agreement shall ensure maximum utilization of school
845capacity, taking into account transportation costs and court-
846approved desegregation plans, as well as other applicable
847factors.
848     (f)  Establish a uniform districtwide procedure for
849implementing school concurrency which provides for:
850     1.  The evaluation of development applications for
851compliance with school concurrency requirements, including
852information provided by the school board on affected schools.
853     2.  The monitoring and evaluation of the school concurrency
854system.
855     (g)  A process and uniform methodology for determining
856proportionate-share mitigation pursuant to s. 380.06.
857     (h)(a)  A process by which each local government and the
858district school board agree and base their plans on consistent
859projections of the amount, type, and distribution of population
860growth and student enrollment. The geographic distribution of
861jurisdiction-wide growth forecasts is a major objective of the
862process.
863     (i)(b)  A process to coordinate and share information
864relating to existing and planned public school facilities,
865including school renovations and closures, and local government
866plans for development and redevelopment.
867     (j)(c)  Participation by affected local governments with
868the district school board in the process of evaluating potential
869school closures, significant renovations to existing schools,
870and new school site selection before land acquisition. Local
871governments shall advise the district school board as to the
872consistency of the proposed closure, renovation, or new site
873with the local comprehensive plan, including appropriate
874circumstances and criteria under which a district school board
875may request an amendment to the comprehensive plan for school
876siting.
877     (k)(d)  A process for determining the need for and timing
878of onsite and offsite improvements to support new, proposed
879expansion, or redevelopment of existing schools. The process
880must address identification of the party or parties responsible
881for the improvements.
882     (e)  A process for the school board to inform the local
883government regarding school capacity. The capacity reporting
884must be consistent with laws and rules relating to measurement
885of school facility capacity and must also identify how the
886district school board will meet the public school demand based
887on the facilities work program adopted pursuant to s. 1013.35.
888     (l)(f)  Participation of the local governments in the
889preparation of the annual update to the district school board's
8905-year district facilities work program and educational plant
891survey prepared pursuant to s. 1013.35.
892     (m)(g)  A process for determining where and how joint use
893of either school board or local government facilities can be
894shared for mutual benefit and efficiency.
895     (n)(h)  A procedure for the resolution of disputes between
896the district school board and local governments, which may
897include the dispute resolution processes contained in chapters
898164 and 186.
899     (o)(i)  An oversight process, including an opportunity for
900public participation, for the implementation of the interlocal
901agreement.
902     (p)  A process for development of a public school
903facilities element pursuant to 163.3177(12).
904     (q)  Provisions for siting and modification or enhancements
905to existing school facilities so as to encourage urban infill
906and redevelopment.
907     (r)  A process for the use and conversion of historic
908school facilities that are no longer suitable for educational
909purposes as determined by the district school board.
910     (s)  A process for informing the local government regarding
911the effect of comprehensive plan amendments and rezonings on
912school capacity. The capacity reporting must be consistent with
913laws and rules relating to measurement of school facility
914capacity and must also identify how the district school board
915will meet the public school demand based on the facilities work
916program adopted pursuant to s. 1013.35.
917     (t)  A process to ensure an opportunity for the school
918board to review and comment on the effect of comprehensive plan
919amendments and rezonings on the public school facilities plan.
920
921For those local governments that receive a waiver pursuant to s.
922163.3177(2)(a), the interlocal agreement shall not include the
923issues provided for in paragraphs (a), (c), (d), (e), (f), (g),
924and (p). For counties or municipalities that do not have a
925public schools interlocal agreement or public school facility
926element, the assessment shall determine whether the local
927government continues to meet the criteria of s. 163.3177(12). If
928the county or municipality determines that it no longer meets
929the criteria, the county or municipality must adopt appropriate
930school concurrency goals, objectives, and policies in its plan
931amendments pursuant to the requirements of the public school
932facility element and enter into the existing interlocal
933agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
934order to fully participate in the school concurrency system. A
935signatory to the interlocal agreement may elect not to include a
936provision meeting the requirements of paragraph (e); however,
937such a decision may be made only after a public hearing on such
938election, which may include the public hearing in which a
939district school board or a local government adopts the
940interlocal agreement. An interlocal agreement entered into
941pursuant to this section must be consistent with the adopted
942comprehensive plan and land development regulations of any local
943government that is a signatory.
944     (3)(a)  The updated interlocal agreement, adopted pursuant
945to the schedule adopted in accordance with s. 163.3177(12)(h),
946and any subsequent amendments must be submitted to the state
947land planning agency and the Office of Educational Facilities
948within 30 days after execution by the parties for review
949consistent with this section. The office and SMART Schools
950Clearinghouse shall submit any comments or concerns regarding
951the executed interlocal agreement or amendments to the state
952land planning agency within 30 days after receipt of the
953executed interlocal agreement or amendments. The state land
954planning agency shall review the updated executed interlocal
955agreement to determine whether it is consistent with the
956requirements of subsection (2), the adopted local government
957comprehensive plan, and other requirements of law. Within 60
958days after receipt of an updated executed interlocal agreement
959or amendment, the state land planning agency shall publish a
960notice on the agency's Internet website that states of intent in
961the Florida Administrative Weekly and shall post a copy of the
962notice on the agency's Internet site. The notice of intent must
963state whether the interlocal agreement is consistent or
964inconsistent with the requirements of subsection (2) and this
965subsection, as appropriate.
966     (b)  The state land planning agency's notice is subject to
967challenge under chapter 120; however, an affected person, as
968defined in s. 163.3184(1)(a), has standing to initiate the
969administrative proceeding, and this proceeding is the sole means
970available to challenge the consistency of an interlocal
971agreement required by this section with the criteria contained
972in subsection (2) and this subsection. In order to have
973standing, each person must have submitted oral or written
974comments, recommendations, or objections to the local government
975or the school board before the adoption of the interlocal
976agreement by the school board and local government. The district
977school board and local governments are parties to any such
978proceeding. In this proceeding, when the state land planning
979agency finds the interlocal agreement to be consistent with the
980criteria in subsection (2) and this subsection, the interlocal
981agreement shall be determined to be consistent with subsection
982(2) and this subsection if the local government's and school
983board's determination of consistency is fairly debatable. When
984the state planning agency finds the interlocal agreement to be
985inconsistent with the requirements of subsection (2) and this
986subsection, the local government's and school board's
987determination of consistency shall be sustained unless it is
988shown by a preponderance of the evidence that the interlocal
989agreement is inconsistent.
990     (c)  If the state land planning agency enters a final order
991that finds that the interlocal agreement is inconsistent with
992the requirements of subsection (2) or this subsection, it shall
993forward it to the Administration Commission, which may impose
994sanctions against the local government pursuant to s.
995163.3184(11) and may impose sanctions against the district
996school board by directing the Department of Education to
997withhold from the district school board an equivalent amount of
998funds for school construction available pursuant to ss. 1013.65,
9991013.68, 1013.70, and 1013.72.
1000     (4)  If an updated executed interlocal agreement is not
1001timely submitted to the state land planning agency for review,
1002the state land planning agency shall, within 15 working days
1003after the deadline for submittal, issue to the local government
1004and the district school board a Notice to Show Cause why
1005sanctions should not be imposed for failure to submit an
1006executed interlocal agreement by the deadline established by the
1007agency. The agency shall forward the notice and the responses to
1008the Administration Commission, which may enter a final order
1009citing the failure to comply and imposing sanctions against the
1010local government and district school board by directing the
1011appropriate agencies to withhold at least 5 percent of state
1012funds pursuant to s. 163.3184(11) and by directing the
1013Department of Education to withhold from the district school
1014board at least 5 percent of funds for school construction
1015available pursuant to ss. 1013.65, 1013.68, 1013.70, and
10161013.72.
1017     (5)  Any local government transmitting a public school
1018element to implement school concurrency pursuant to the
1019requirements of s. 163.3180 before July 1, 2005 the effective
1020date of this section is not required to amend the element or any
1021interlocal agreement to conform with the provisions of this
1022section if the element is adopted prior to or within 1 year
1023after the effective date of this section and remains in effect.
1024     (6)  Except as provided in subsection (7), municipalities
1025meeting the exemption criteria in s. 163.3177(12) having no
1026established need for a new school facility and meeting the
1027following criteria are exempt from the requirements of
1028subsections (1), (2), and (3).:
1029     (a)  The municipality has no public schools located within
1030its boundaries.
1031     (b)  The district school board's 5-year facilities work
1032program and the long-term 10-year and 20-year work programs, as
1033provided in s. 1013.35, demonstrate that no new school facility
1034is needed in the municipality. In addition, the district school
1035board must verify in writing that no new school facility will be
1036needed in the municipality within the 5-year and 10-year
1037timeframes.
1038     (7)  At the time of the evaluation and appraisal report,
1039each exempt municipality shall assess the extent to which it
1040continues to meet the criteria for exemption under s.
1041163.3177(12) subsection (6). If the municipality continues to
1042meet these criteria and the district school board verifies in
1043writing that no new school facilities will be needed within the
10445-year and 10-year timeframes, the municipality shall continue
1045to be exempt from the interlocal-agreement requirement. Each
1046municipality exempt under s. 163.3177(12) subsection (6) must
1047comply with the provisions of this section within 1 year after
1048the district school board proposes, in its 5-year district
1049facilities work program, a new school within the municipality's
1050jurisdiction.
1051     Section 6.  Paragraph (a) of subsection (1), paragraphs (a)
1052and (c) of subsection (2), paragraph (c) of subsection (4),
1053subsections (5), (6), (7), (9), (10), and (13), and paragraph
1054(a) of subsection (15) of section 163.3180, Florida Statutes,
1055are amended, and subsections (16) and (17) are added to said
1056section, to read:
1057     163.3180  Concurrency.--
1058     (1)(a)  Sanitary sewer, solid waste, drainage, potable
1059water, parks and recreation, schools, and transportation
1060facilities, including mass transit, where applicable, are the
1061only public facilities and services subject to the concurrency
1062requirement on a statewide basis. Additional public facilities
1063and services may not be made subject to concurrency on a
1064statewide basis without appropriate study and approval by the
1065Legislature; however, any local government may extend the
1066concurrency requirement so that it applies to additional public
1067facilities within its jurisdiction.
1068     (2)(a)  Consistent with public health and safety, sanitary
1069sewer, solid waste, drainage, adequate water supplies, and
1070potable water facilities shall be in place and available to
1071serve new development no later than the issuance by the local
1072government of a certificate of occupancy or its functional
1073equivalent.
1074     (c)  Consistent with the public welfare, and except as
1075otherwise provided in this section, transportation facilities
1076designated as part of the Florida Intrastate Highway System
1077needed to serve new development shall be in place or under
1078actual construction within 3 not more than 5 years after
1079issuance by the local government of a building permit
1080certificate of occupancy or its functional equivalent for
1081construction of a facility that results in actual traffic
1082generation. Other transportation facilities needed to serve new
1083development shall be in place or under actual construction no
1084more than 3 years after issuance by the local government of a
1085certificate of occupancy or its functional equivalent.
1086     (4)
1087     (c)  The concurrency requirement, except as it relates to
1088transportation and public school facilities, as implemented in
1089local government comprehensive plans, may be waived by a local
1090government for urban infill and redevelopment areas designated
1091pursuant to s. 163.2517 if such a waiver does not endanger
1092public health or safety as defined by the local government in
1093its local government comprehensive plan. The waiver shall be
1094adopted as a plan amendment pursuant to the process set forth in
1095s. 163.3187(3)(a). A local government may grant a concurrency
1096exception pursuant to subsection (5) for transportation
1097facilities located within these urban infill and redevelopment
1098areas. Within designated urban infill and redevelopment areas,
1099the local government and Department of Transportation shall
1100cooperatively establish a plan for maintaining the adopted
1101level-of-service standards established by the Department of
1102Transportation for Strategic Intermodal System facilities, as
1103defined in s. 339.64.
1104     (5)(a)  The Legislature finds that under limited
1105circumstances dealing with transportation facilities,
1106countervailing planning and public policy goals may come into
1107conflict with the requirement that adequate public facilities
1108and services be available concurrent with the impacts of such
1109development. The Legislature further finds that often the
1110unintended result of the concurrency requirement for
1111transportation facilities is the discouragement of urban infill
1112development and redevelopment. Such unintended results directly
1113conflict with the goals and policies of the state comprehensive
1114plan and the intent of this part. Therefore, exceptions from the
1115concurrency requirement for transportation facilities may be
1116granted as provided by this subsection.
1117     (b)  A local government may grant an exception from the
1118concurrency requirement for transportation facilities if the
1119proposed development is otherwise consistent with the adopted
1120local government comprehensive plan and is a project that
1121promotes public transportation or is located within an area
1122designated in the comprehensive plan for:
1123     1.  Urban infill development,
1124     2.  Urban redevelopment,
1125     3.  Downtown revitalization, or
1126     4.  Urban infill and redevelopment under s. 163.2517.
1127     (c)  The Legislature also finds that developments located
1128within urban infill, urban redevelopment, existing urban
1129service, or downtown revitalization areas or areas designated as
1130urban infill and redevelopment areas under s. 163.2517 which
1131pose only special part-time demands on the transportation system
1132should be excepted from the concurrency requirement for
1133transportation facilities. A special part-time demand is one
1134that does not have more than 200 scheduled events during any
1135calendar year and does not affect the 100 highest traffic volume
1136hours.
1137     (d)  A local government shall establish guidelines for
1138granting the exceptions authorized in paragraphs (b) and (c) in
1139the comprehensive plan. These guidelines must include
1140consideration of the Strategic Intermodal System impacts on the
1141Florida Intrastate Highway System, as defined in s. 338.001. The
1142exceptions may be available only within the specific geographic
1143area of the jurisdiction designated in the plan. Pursuant to s.
1144163.3184, any affected person may challenge a plan amendment
1145establishing these guidelines and the areas within which an
1146exception could be granted. Prior to the designation of a
1147concurrency management area, the Department of Transportation
1148shall be consulted by the local government to assess the impact
1149that the proposed concurrency management area is expected to
1150have on the adopted level-of-service standards established for
1151Strategic Intermodal System facilities, as defined in s. 339.64.
1152Within designated urban infill and redevelopment areas, the
1153local government and Department of Transportation shall
1154cooperatively establish a plan for maintaining the adopted
1155level-of-service standards established by the Department of
1156Transportation for Strategic Intermodal System facilities
1157pursuant to s. 339.64.
1158     (e)  It is a high state priority that urban infill and
1159redevelopment be promoted and provide incentives. By promoting
1160the revitalization of existing communities of this state, a more
1161efficient maximization of space and facilities may be achieved
1162and urban sprawl will be discouraged. If a local government
1163creates a long-term vision for its community that includes
1164adequate funding and services and multimodal transportation
1165options, the transportation facilities concurrency requirements
1166of paragraph (2)(c) are waived for:
1167     1.a.  Urban infill development as designated in the
1168comprehensive plan;
1169     b.  Urban redevelopment as designated in the comprehensive
1170plan;
1171     c.  Downtown revitalization as designated in the
1172comprehensive plan; or
1173     d.  Urban infill and redevelopment under s. 163.2517 as
1174designated in the comprehensive plan.
1175
1176The local government and Department of Transportation shall
1177cooperatively establish a plan for maintaining the adopted
1178level-of-service standards established by the Department of
1179Transportation for Strategic Intermodal System facilities, as
1180defined in s. 339.64.
1181     2.  Municipalities that are at least 90 percent built-out.
1182For purposes of this exemption:
1183     a.  The term "built-out" means that 90 percent of the
1184property within the municipality's boundaries, excluding lands
1185that are designated as conservation, preservation, recreation,
1186or public facilities categories, have been developed, or are the
1187subject of an approved development order that has received a
1188building permit and the municipality has an average density of 5
1189units per acre for residential developments.
1190     b.  The municipality must have adopted an ordinance that
1191provides the methodology for determining its built-out
1192percentage, declares that transportation concurrency
1193requirements are waived within its municipal boundary or within
1194a designated area of the municipality, and addresses multimodal
1195options and strategies, including alternative modes of
1196transportation within the municipality. Prior to the adoption of
1197the ordinance, the Department of Transportation shall be
1198consulted by the local government to assess the impact that the
1199waiver of the transportation concurrency requirements is
1200expected to have on the adopted level-of-service standards
1201established for Strategic Intermodal System facilities, as
1202defined in s. 339.64. Further, the local government shall
1203cooperatively establish a plan for maintaining the adopted
1204level-of-service standards established by the department for
1205Strategic Intermodal System facilities, as defined in s. 339.64.
1206     c.  If a municipality annexes any property, the
1207municipality must recalculate its built-out percentage pursuant
1208to the methodology set forth in its ordinance to verify whether
1209the annexed property may be included within this exemption.
1210     d.  If transportation concurrency requirements are waived
1211under this subparagraph, the municipality must adopt a
1212comprehensive plan amendment pursuant to s. 163.3187(1)(c) which
1213updates its transportation element to reflect the transportation
1214concurrency requirements waiver and must submit a copy of its
1215ordinance adopted in subparagraph b. to the state land planning
1216agency.
1217     (6)  The Legislature finds that a de minimis impact is
1218consistent with this part. A de minimis impact is an impact that
1219would not affect more than 1 percent of the maximum volume at
1220the adopted level of service of the affected transportation
1221facility as determined by the local government. No impact will
1222be de minimis if the sum of existing roadway volumes and the
1223projected volumes from approved projects on a transportation
1224facility would exceed 110 percent of the maximum volume at the
1225adopted level of service of the affected transportation
1226facility; provided however, that an impact of a single family
1227home on an existing lot will constitute a de minimis impact on
1228all roadways regardless of the level of the deficiency of the
1229roadway. Local governments are encouraged to adopt methodologies
1230to encourage de minimis impacts on transportation facilities
1231within an existing urban service area. Further, no impact will
1232be de minimis if it would exceed the adopted level-of-service
1233standard of any affected designated hurricane evacuation routes.
1234Each local government shall annually adjust its concurrency
1235management system calculation of existing background traffic to
1236reflect projects permitted under the de minimis exemption.
1237     (7)  In order to promote infill development and
1238redevelopment, one or more transportation concurrency management
1239areas may be designated in a local government comprehensive
1240plan. A transportation concurrency management area must be a
1241compact geographic area with an existing network of roads where
1242multiple, viable alternative travel paths or modes are available
1243for common trips. A local government may establish an areawide
1244level-of-service standard for such a transportation concurrency
1245management area based upon an analysis that provides for a
1246justification for the areawide level of service, how urban
1247infill development or redevelopment will be promoted, and how
1248mobility will be accomplished within the transportation
1249concurrency management area. The state land planning agency
1250shall amend chapter 9J-5, Florida Administrative Code, to be
1251consistent with this subsection.
1252     (9)(a)  Each local government may adopt as a part of its
1253plan a long-term transportation and school concurrency
1254management systems system with a planning period of up to 10
1255years for specially designated districts or areas where
1256significant backlogs exist. The plan may include interim level-
1257of-service standards on certain facilities and shall may rely on
1258the local government's schedule of capital improvements for up
1259to 10 years as a basis for issuing development orders that
1260authorize commencement of construction permits in these
1261designated districts or areas. The concurrency management
1262system. It must be designed to correct existing deficiencies and
1263set priorities for addressing backlogged facilities. The
1264concurrency management system It must be financially feasible
1265and consistent with other portions of the adopted local plan,
1266including the future land use map.
1267     (b)  If a local government has a transportation or school
1268facility backlog for existing development which cannot be
1269adequately addressed in a 10-year plan, the state land planning
1270agency may allow it to develop a plan and long-term schedule of
1271capital improvements covering of up to 15 years for good and
1272sufficient cause, based on a general comparison between that
1273local government and all other similarly situated local
1274jurisdictions, using the following factors:
1275     1.  The extent of the backlog.
1276     2.  For roads, whether the backlog is on local or state
1277roads.
1278     3.  The cost of eliminating the backlog.
1279     4.  The local government's tax and other revenue-raising
1280efforts.
1281     (c)  The local government may issue approvals to commence
1282construction, notwithstanding s. 163.3180, consistent with and
1283in areas that are subject to a long-term concurrency management
1284system.
1285     (d)  If the local government adopts a long-term concurrency
1286management system, the government must evaluate the system
1287periodically. At a minimum, the local government must assess its
1288progress toward improving levels of service within the long-term
1289concurrency management district or area in the evaluation and
1290appraisal report and determine any changes that are necessary to
1291accelerate progress in meeting acceptable levels of service or
1292providing other methods of transportation.
1293     (10)  With regard to roadway facilities on the Strategic
1294Intermodal System designated in accordance with ss. 339.61,
1295339.62, 339.63, and 339.64 Florida Intrastate Highway System as
1296defined in s. 338.001, with concurrence from the Department of
1297Transportation, the level-of-service standard for general lanes
1298in urbanized areas, as defined in s. 334.03(36), may be
1299established by the local government in the comprehensive plan.
1300For all other facilities on the Florida Intrastate Highway
1301System, local governments shall adopt the level-of-service
1302standard established by the Department of Transportation by
1303rule. For all other roads on the State Highway System, local
1304governments shall establish an adequate level-of-service
1305standard that need not be consistent with any level-of-service
1306standard established by the Department of Transportation.
1307     (13)  In accordance with the schedule adopted in accordance
1308with s. 163.3177(12)(h), school concurrency, if imposed by local
1309option, shall be established on a districtwide basis and shall
1310include all public schools in the district and all portions of
1311the district, whether located in a municipality or an
1312unincorporated area unless exempt from the public school
1313facilities element pursuant to s. 163.3177(12), except that this
1314subsection shall not apply to the Florida School for the Deaf
1315and the Blind. The development of school concurrency shall be
1316accomplished through a coordinated process including the local
1317school district, the county, and all nonexempt municipalities
1318within the county and shall be reflected in the public school
1319facilities element adopted pursuant to the schedule provided for
1320in s. 163.3177(12)(h). The school concurrency requirement shall
1321not be effective until the adoption of the public school
1322facilities element. The application of school concurrency to
1323development shall be based upon the adopted comprehensive plan,
1324as amended. All local governments within a county, except as
1325provided in paragraph (f), shall adopt and transmit to the state
1326land planning agency the necessary plan amendments, along with
1327the interlocal agreement, for a compliance review pursuant to s.
1328163.3184(7) and (8). School concurrency shall not become
1329effective in a county until all local governments, except as
1330provided in paragraph (f), have adopted the necessary plan
1331amendments, which together with the interlocal agreement, are
1332determined to be in compliance with the requirements of this
1333part. The minimum requirements for school concurrency are the
1334following:
1335     (a)  Public school facilities element.--A local government
1336shall adopt and transmit to the state land planning agency a
1337plan or plan amendment which includes a public school facilities
1338element which is consistent with the requirements of s.
1339163.3177(12) and which is determined to be in compliance as
1340defined in s. 163.3184(1)(b). All local government public school
1341facilities plan elements within a county must be consistent with
1342each other as well as the requirements of this part.
1343     (b)  Level-of-service standards.--The Legislature
1344recognizes that an essential requirement for a concurrency
1345management system is the level of service at which a public
1346facility is expected to operate.
1347     1.  Local governments and school boards imposing school
1348concurrency shall exercise authority in conjunction with each
1349other to establish jointly adequate level-of-service standards,
1350as defined in chapter 9J-5, Florida Administrative Code,
1351necessary to implement the adopted local government
1352comprehensive plan, based on data and analysis.
1353     2.  Public school level-of-service standards shall be
1354included and adopted into the capital improvements element of
1355the local comprehensive plan and shall apply districtwide to all
1356schools of the same type. Types of schools may include charter,
1357elementary, middle, and high schools as well as special purpose
1358facilities such as magnet schools.
1359     3.  Local governments and school boards shall have the
1360option to utilize tiered level-of-service standards to allow
1361time to achieve an adequate and desirable level of service as
1362circumstances warrant.
1363     (c)  Service areas.--The Legislature recognizes that an
1364essential requirement for a concurrency system is a designation
1365of the area within which the level of service will be measured
1366when an application for a residential development permit is
1367reviewed for school concurrency purposes. This delineation is
1368also important for purposes of determining whether the local
1369government has a financially feasible public school capital
1370facilities program that will provide schools which will achieve
1371and maintain the adopted level-of-service standards.
1372     1.  In order to balance competing interests, preserve the
1373constitutional concept of uniformity, and avoid disruption of
1374existing educational and growth management processes, local
1375governments are encouraged to initially apply school concurrency
1376to development only on a districtwide basis so that a
1377concurrency determination for a specific development will be
1378based upon the availability of school capacity districtwide. To
1379ensure that development is coordinated with schools having
1380available capacity, within 5 years after adoption of school
1381concurrency local governments shall apply school concurrency on
1382a less than districtwide basis, such as using school attendance
1383zones or concurrency service areas, as provided in subparagraph
13842.
1385     2.  For local governments applying school concurrency on a
1386less than districtwide basis, such as utilizing school
1387attendance zones or larger school concurrency service areas,
1388local governments and school boards shall have the burden to
1389demonstrate that the utilization of school capacity is maximized
1390to the greatest extent possible in the comprehensive plan and
1391amendment, taking into account transportation costs and court-
1392approved desegregation plans, as well as other factors. In
1393addition, in order to achieve concurrency within the service
1394area boundaries selected by local governments and school boards,
1395the service area boundaries, together with the standards for
1396establishing those boundaries, shall be identified and, included
1397as supporting data and analysis for, and adopted as part of the
1398comprehensive plan. Any subsequent change to the service area
1399boundaries for purposes of a school concurrency system shall be
1400by plan amendment and shall be exempt from the limitation on the
1401frequency of plan amendments in s. 163.3187(1).
1402     3.  Where school capacity is available on a districtwide
1403basis but school concurrency is applied on a less than
1404districtwide basis in the form of concurrency service areas, if
1405the adopted level-of-service standard cannot be met in a
1406particular service area as applied to an application for a
1407development permit through mitigation or other measures and if
1408the needed capacity for the particular service area is available
1409in one or more contiguous service areas, as adopted by the local
1410government, then the development order  may not shall be denied
1411on the basis of school concurrency, and if issued, development
1412impacts shall be shifted to contiguous service areas with
1413schools having available capacity and mitigation measures shall
1414not be exacted.
1415     (d)  Financial feasibility.--The Legislature recognizes
1416that financial feasibility is an important issue because the
1417premise of concurrency is that the public facilities will be
1418provided in order to achieve and maintain the adopted level-of-
1419service standard. This part and chapter 9J-5, Florida
1420Administrative Code, contain specific standards to determine the
1421financial feasibility of capital programs. These standards were
1422adopted to make concurrency more predictable and local
1423governments more accountable.
1424     1.  A comprehensive plan amendment seeking to impose school
1425concurrency shall contain appropriate amendments to the capital
1426improvements element of the comprehensive plan, consistent with
1427the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
1428Administrative Code. The capital improvements element shall set
1429forth a financially feasible public school capital facilities
1430program, established in conjunction with the school board, that
1431demonstrates that the adopted level-of-service standards will be
1432achieved and maintained.
1433     2.  Such amendments shall demonstrate that the public
1434school capital facilities program meets all of the financial
1435feasibility standards of this part and chapter 9J-5, Florida
1436Administrative Code, that apply to capital programs which
1437provide the basis for mandatory concurrency on other public
1438facilities and services.
1439     3.  When the financial feasibility of a public school
1440capital facilities program is evaluated by the state land
1441planning agency for purposes of a compliance determination, the
1442evaluation shall be based upon the service areas selected by the
1443local governments and school board.
1444     (e)  Availability standard.--Consistent with the public
1445welfare, a local government may not deny an application for site
1446plan or final subdivision approval, or a functional equivalent
1447for a development or phase of a development, permit authorizing
1448residential development for failure to achieve and maintain the
1449level-of-service standard for public school capacity in a local
1450option school concurrency management system where adequate
1451school facilities will be in place or under actual construction
1452within 3 years after the permit issuance by the local government
1453of site plan or final subdivision approval or its functional
1454equivalent. School concurrency shall be satisfied if the
1455developer executes a legally binding commitment to provide
1456mitigation proportionate to the demand for public school
1457facilities to be created by actual development of the property,
1458including, but not limited to, the options described in
1459subparagraph 1. Approval of a funding agreement shall not be
1460unreasonably withheld. Any dispute shall be mediated pursuant to
1461s. 120.573. Options for proportionate-share mitigation of
1462impacts on public school facilities shall be established in the
1463interlocal agreement pursuant to s. 163.31777.
1464     1.  Appropriate mitigation options include the contribution
1465of land; the construction, expansion, or payment for land
1466acquisition or construction of a public school facility; or the
1467creation of mitigation banking based on the construction of a
1468public school facility in exchange for the right to sell
1469capacity credits. Such options must include execution by the
1470applicant and the local government of a binding development
1471agreement that constitutes a legally binding commitment to pay
1472proportionate-share mitigation for the additional residential
1473units approved by the local government in a development order
1474and actually developed on the property, taking into account
1475residential density allowed on the property prior to the plan
1476amendment that increased overall residential density. Mitigation
1477for development impacts to public schools requires the
1478concurrence of the local school board. As a condition of its
1479entry into such a development agreement, the local government
1480may require the landowner to agree to continuing renewal of the
1481agreement upon its expiration.
1482     2.  If the education facilities plan and the public
1483educational facilities element authorize a contribution of land;
1484the construction, expansion, or payment for land acquisition; or
1485the construction or expansion of a public school facility, or a
1486portion of such facility, as proportionate-share mitigation, the
1487local government shall credit such a contribution, construction,
1488expansion, or payment toward any other impact fee or exaction
1489imposed by local ordinance for the same need, on a dollar-for-
1490dollar basis at fair market value.
1491     3.  Any proportionate-share mitigation must be directed by
1492the school board toward a school capacity improvement that is
1493identified in the financially feasible 5-year district work plan
1494and that will be provided in accordance with a legally binding
1495agreement.
1496     (f)  Intergovernmental coordination.--
1497     1.  When establishing concurrency requirements for public
1498schools, a local government shall satisfy the requirements for
1499intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1500and 2., except that a municipality is not required to be a
1501signatory to the interlocal agreement required by ss. s.
1502163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1503imposition of school concurrency, and as a nonsignatory, shall
1504not participate in the adopted local school concurrency system,
1505if the municipality meets all of the following criteria for
1506having no significant impact on school attendance:
1507     a.  The municipality has issued development orders for
1508fewer than 50 residential dwelling units during the preceding 5
1509years, or the municipality has generated fewer than 25
1510additional public school students during the preceding 5 years.
1511     b.  The municipality has not annexed new land during the
1512preceding 5 years in land use categories which permit
1513residential uses that will affect school attendance rates.
1514     c.  The municipality has no public schools located within
1515its boundaries.
1516     d.  At least 80 percent of the developable land within the
1517boundaries of the municipality has been built upon.
1518     2.  A municipality which qualifies as having no significant
1519impact on school attendance pursuant to the criteria of
1520subparagraph 1. must review and determine at the time of its
1521evaluation and appraisal report pursuant to s. 163.3191 whether
1522it continues to meet the criteria pursuant to s. 163.31777(6).
1523If the municipality determines that it no longer meets the
1524criteria, it must adopt appropriate school concurrency goals,
1525objectives, and policies in its plan amendments based on the
1526evaluation and appraisal report, and enter into the existing
1527interlocal agreement required by ss. s. 163.3177(6)(h)2. and
1528163.31777, in order to fully participate in the school
1529concurrency system. If such a municipality fails to do so, it
1530will be subject to the enforcement provisions of s. 163.3191.
1531     (g)  Interlocal agreement for school concurrency.--When
1532establishing concurrency requirements for public schools, a
1533local government must enter into an interlocal agreement which
1534satisfies the requirements in s. 163.3177(6)(h)1. and 2. and the
1535requirements of this subsection. The interlocal agreement shall
1536acknowledge both the school board's constitutional and statutory
1537obligations to provide a uniform system of free public schools
1538on a countywide basis, and the land use authority of local
1539governments, including their authority to approve or deny
1540comprehensive plan amendments and development orders. The
1541interlocal agreement shall be submitted to the state land
1542planning agency by the local government as a part of the
1543compliance review, along with the other necessary amendments to
1544the comprehensive plan required by this part. In addition to the
1545requirements of s. 163.3177(6)(h), the interlocal agreement
1546shall meet the following requirements:
1547     1.  Establish the mechanisms for coordinating the
1548development, adoption, and amendment of each local government's
1549public school facilities element with each other and the plans
1550of the school board to ensure a uniform districtwide school
1551concurrency system.
1552     2.  Establish a process by which each local government and
1553the school board shall agree and base their plans on consistent
1554projections of the amount, type, and distribution of population
1555growth and coordinate and share information relating to existing
1556and planned public school facilities projections and proposals
1557for development and redevelopment, and infrastructure required
1558to support public school facilities.
1559     3.  Establish a process for the development of siting
1560criteria which encourages the location of public schools
1561proximate to urban residential areas to the extent possible and
1562seeks to collocate schools with other public facilities such as
1563parks, libraries, and community centers to the extent possible.
1564     4.  Specify uniform, districtwide level-of-service
1565standards for public schools of the same type and the process
1566for modifying the adopted levels-of-service standards.
1567     5.  Establish a process for the preparation, amendment, and
1568joint approval by each local government and the school board of
1569a public school capital facilities program which is financially
1570feasible, and a process and schedule for incorporation of the
1571public school capital facilities program into the local
1572government comprehensive plans on an annual basis.
1573     6.  Define the geographic application of school
1574concurrency. If school concurrency is to be applied on a less
1575than districtwide basis in the form of concurrency service
1576areas, the agreement shall establish criteria and standards for
1577the establishment and modification of school concurrency service
1578areas. The agreement shall also establish a process and schedule
1579for the mandatory incorporation of the school concurrency
1580service areas and the criteria and standards for establishment
1581of the service areas into the local government comprehensive
1582plans. The agreement shall ensure maximum utilization of school
1583capacity, taking into account transportation costs and court-
1584approved desegregation plans, as well as other factors. The
1585agreement shall also ensure the achievement and maintenance of
1586the adopted level-of-service standards for the geographic area
1587of application throughout the 5 years covered by the public
1588school capital facilities plan and thereafter by adding a new
1589fifth year during the annual update.
1590     7.  Establish a uniform districtwide procedure for
1591implementing school concurrency which provides for:
1592     a.  The evaluation of development applications for
1593compliance with school concurrency requirements;
1594     b.  An opportunity for the school board to review and
1595comment on the effect of comprehensive plan amendments and
1596rezonings on the public school facilities plan; and
1597     c.  The monitoring and evaluation of the school concurrency
1598system.
1599     8.  Include provisions relating to termination, suspension,
1600and amendment of the agreement. The agreement shall provide that
1601if the agreement is terminated or suspended, the application of
1602school concurrency shall be terminated or suspended.
1603     (15)
1604     (a)  Multimodal transportation districts may be established
1605under a local government comprehensive plan in areas delineated
1606on the future land use map for which the local comprehensive
1607plan assigns secondary priority to vehicle mobility and primary
1608priority to assuring a safe, comfortable, and attractive
1609pedestrian environment, with convenient interconnection to
1610transit. Such districts must incorporate community design
1611features that will reduce the number of automobile trips or
1612vehicle miles of travel and will support an integrated,
1613multimodal transportation system. Prior to the designation of
1614multimodal transportation districts, the local government shall
1615consult with the Department of Transportation to assess the
1616impact that the proposed multimodal district area is expected to
1617have on the adopted level-of-service standards established for
1618Strategic Intermodal System facilities, as defined in s. 339.64.
1619Within designated urban infill and redevelopment areas, the
1620local government and Department of Transportation shall
1621cooperatively establish a plan for maintaining the adopted
1622level-of-service standards established by the Department of
1623Transportation for Strategic Intermodal System facilities, as
1624defined in s. 339.64. Multimodal transportation districts
1625existing prior to July 1, 2005, shall meet at a minimum, the
1626provision of this section by July 1, 2006, or at the time of the
1627comprehensive plan update pursuant to the evaluation and
1628appraisal report, whichever occurs last.
1629     (16)(a)  It is the intent of the Legislature to provide a
1630method by which the impacts of development on transportation
1631facilities can be mitigated by the cooperative efforts of the
1632public and private sectors.
1633     (b)  When authorized in a local government comprehensive
1634plan, local governments may create mitigation banks for
1635transportation facilities to satisfy the concurrency provisions
1636of this section, using the process and methodology developed in
1637accordance with s. 163.3177(6)(b). The Department of
1638Transportation, in consultation with local governments, shall
1639develop a process and uniform methodology for determining
1640proportionate-share mitigation for development impacts on
1641transportation corridors that traverse one or more political
1642subdivisions.
1643     (c)  Mitigation contributions shall be used to satisfy the
1644transportation concurrency requirements of this section and may
1645be applied as a credit against impact fees. Mitigation for
1646development impacts to facilities on the Strategic Intermodal
1647System made pursuant to this subsection requires the concurrence
1648of the Department of Transportation. However, this does not
1649authorize the Department of Transportation to arbitrarily charge
1650a fee or require additional mitigation. Concurrence by the
1651Department of Transportation may not be withheld unduly.
1652     (d)  Transportation facilities concurrency shall be
1653satisfied if the developer executes a legally binding commitment
1654to provide mitigation proportionate to the demand for
1655transportation facilities to be created by actual development of
1656the property, including, but not limited to, the options for
1657mitigation established in the transportation element or traffic
1658circulation element. Approval of a funding agreement shall not
1659be unreasonably withheld. Any dispute shall be mediated pursuant
1660to s. 120.573. Appropriate transportation mitigation
1661contributions may include public or private funds; the
1662contribution of right-of-way; the construction of a
1663transportation facility or payment for the right-of-way or
1664construction of a transportation facility or service; or the
1665provision of transit service. Such options shall include
1666execution of an enforceable development agreement for projects
1667to be funded by a developer.
1668     (17)  A development may satisfy the concurrency
1669requirements of the local comprehensive plan, the local
1670government's land development regulations, and s. 380.06 by
1671entering into a legally binding commitment to provide mitigation
1672proportionate to the direct impact of the development. A local
1673government may not require a development to pay more than its
1674proportionate-share contribution regardless of the method
1675mitigation.
1676     Section 7.  Paragraph (b) of subsection (1), subsection
1677(4), and paragraph (a) of subsection (6) of section 163.3184,
1678Florida Statutes, are amended to read:
1679     163.3184  Process for adoption of comprehensive plan or
1680plan amendment.--
1681     (1)  DEFINITIONS.--As used in this section, the term:
1682     (b)  "In compliance" means consistent with the requirements
1683of s. ss. 163.3177, 163.31776, when a local government adopts an
1684educational facilities element, 163.3178, 163.3180, 163.3191,
1685and 163.3245, with the state comprehensive plan, with the
1686appropriate strategic regional policy plan, and with chapter 9J-
16875, Florida Administrative Code, where such rule is not
1688inconsistent with this part and with the principles for guiding
1689development in designated areas of critical state concern and
1690with part III of chapter 369, where applicable.
1691     (4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
1692specified in paragraph (3)(a) shall provide comments to the
1693state land planning agency within 30 days after receipt by the
1694state land planning agency of the complete proposed plan
1695amendment. If the plan or plan amendment includes or relates to
1696the public school facilities element pursuant to s. 163.3177
1697163.31776, the state land planning agency shall submit a copy to
1698the Office of Educational Facilities of the Commissioner of
1699Education for review and comment. The appropriate regional
1700planning council shall also provide its written comments to the
1701state land planning agency within 30 days after receipt by the
1702state land planning agency of the complete proposed plan
1703amendment and shall specify any objections, recommendations for
1704modifications, and comments of any other regional agencies to
1705which the regional planning council may have referred the
1706proposed plan amendment. Written comments submitted by the
1707public within 30 days after notice of transmittal by the local
1708government of the proposed plan amendment will be considered as
1709if submitted by governmental agencies. All written agency and
1710public comments must be made part of the file maintained under
1711subsection (2).
1712     (6)  STATE LAND PLANNING AGENCY REVIEW.--
1713     (a)  The state land planning agency may shall review a
1714proposed plan amendment upon request of a regional planning
1715council, affected person, or local government transmitting the
1716plan amendment. The request from the regional planning council
1717or affected person must be received within 30 days after
1718transmittal of the proposed plan amendment pursuant to
1719subsection (3). A regional planning council or affected person
1720requesting a review shall do so by submitting a written request
1721to the agency with a notice of the request to the local
1722government and any other person who has requested notice.
1723     Section 8.  Paragraphs (c) and (l) of subsection (1) of
1724section 163.3187, Florida Statutes, are amended, and paragraph
1725(o) is added to said subsection, to read:
1726     163.3187  Amendment of adopted comprehensive plan.--
1727     (1)  Amendments to comprehensive plans adopted pursuant to
1728this part may be made not more than two times during any
1729calendar year, except:
1730     (c)  Any local government comprehensive plan amendments
1731directly related to proposed small scale development activities
1732may be approved without regard to statutory limits on the
1733frequency of consideration of amendments to the local
1734comprehensive plan. A small scale development amendment may be
1735adopted only under the following conditions:
1736     1.  The proposed amendment involves a use of 10 acres or
1737fewer and:
1738     a.  The cumulative annual effect of the acreage for all
1739small scale development amendments adopted by the local
1740government shall not exceed:
1741     (I)  A maximum of 120 acres in a local government that
1742contains areas specifically designated in the local
1743comprehensive plan for urban infill, urban redevelopment, or
1744downtown revitalization as defined in s. 163.3164, urban infill
1745and redevelopment areas designated under s. 163.2517,
1746transportation concurrency exception areas approved pursuant to
1747s. 163.3180(5), or regional activity centers and urban central
1748business districts approved pursuant to s. 380.06(2)(e);
1749however, amendments under this paragraph may be applied to no
1750more than 60 acres annually of property outside the designated
1751areas listed in this sub-sub-subparagraph. Amendments adopted
1752pursuant to paragraph (k) shall not be counted toward the
1753acreage limitations for small scale amendments under this
1754paragraph.
1755     (II)  A maximum of 80 acres in a local government that does
1756not contain any of the designated areas set forth in sub-sub-
1757subparagraph (I).
1758     (III)  A maximum of 120 acres in a county established
1759pursuant to s. 9, Art. VIII of the State Constitution.
1760     b.  The proposed amendment does not involve the same
1761property granted a change within the prior 12 months.
1762     c.  The proposed amendment does not involve the same
1763owner's property within 200 feet of property granted a change
1764within the prior 12 months.
1765     d.  The proposed amendment does not involve a text change
1766to the goals, policies, and objectives of the local government's
1767comprehensive plan, but only proposes a land use change to the
1768future land use map for a site-specific small scale development
1769activity.
1770     e.  The property that is the subject of the proposed
1771amendment is not located within an area of critical state
1772concern, unless the project subject to the proposed amendment
1773involves the construction of affordable housing units meeting
1774the criteria of s. 420.0004(3), and is located within an area of
1775critical state concern designated by s. 380.0552 or by the
1776Administration Commission pursuant to s. 380.05(1). Such
1777amendment is not subject to the density limitations of sub-
1778subparagraph f., and shall be reviewed by the state land
1779planning agency for consistency with the principles for guiding
1780development applicable to the area of critical state concern
1781where the amendment is located and shall not become effective
1782until a final order is issued under s. 380.05(6).
1783     f.  If the proposed amendment involves a residential land
1784use, the residential land use has a density of 10 units or less
1785per acre, except that this limitation does not apply to small
1786scale amendments involving the construction of affordable
1787housing units meeting the criteria of s. 420.0004(3) on property
1788which will be the subject of a land use restriction agreement or
1789extended use agreement recorded in conjunction with the issuance
1790of tax exempt bond financing or an allocation of federal tax
1791credits issued through the Florida Housing Finance Corporation
1792or a local housing finance authority authorized by the Division
1793of Bond Finance of the State Board of Administration, or small
1794scale amendments described in sub-sub-subparagraph a.(I) that
1795are designated in the local comprehensive plan for urban infill,
1796urban redevelopment, or downtown revitalization as defined in s.
1797163.3164, urban infill and redevelopment areas designated under
1798s. 163.2517, transportation concurrency exception areas approved
1799pursuant to s. 163.3180(5), or regional activity centers and
1800urban central business districts approved pursuant to s.
1801380.06(2)(e).
1802     2.a.  A local government that proposes to consider a plan
1803amendment pursuant to this paragraph is not required to comply
1804with the procedures and public notice requirements of s.
1805163.3184(15)(c) for such plan amendments if the local government
1806complies with the provisions in s. 125.66(4)(a) for a county or
1807in s. 166.041(3)(c) for a municipality. If a request for a plan
1808amendment under this paragraph is initiated by other than the
1809local government, public notice is required.
1810     b.  The local government shall send copies of the notice
1811and amendment to the state land planning agency, the regional
1812planning council, and any other person or entity requesting a
1813copy. This information shall also include a statement
1814identifying any property subject to the amendment that is
1815located within a coastal high hazard area as identified in the
1816local comprehensive plan.
1817     3.  Small scale development amendments adopted pursuant to
1818this paragraph require only one public hearing before the
1819governing board, which shall be an adoption hearing as described
1820in s. 163.3184(7), and are not subject to the requirements of s.
1821163.3184(3)-(6) unless the local government elects to have them
1822subject to those requirements.
1823     (l)  A comprehensive plan amendment to adopt a public
1824educational facilities element pursuant to s. 163.3177 163.31776
1825and future land-use-map amendments for school siting may be
1826approved notwithstanding statutory limits on the frequency of
1827adopting plan amendments.
1828     (o)1.  For municipalities that are more than 90 percent
1829built-out, any municipality's comprehensive plan amendments may
1830be approved without regard to statutory limits on the frequency
1831of consideration of amendments to the local comprehensive plan
1832only if the proposed amendment involves a use of 100 acres or
1833fewer and:
1834     a.  The cumulative annual effect of the acreage for all
1835amendments adopted pursuant to this paragraph does not exceed
1836500 acres.
1837     b.  The proposed amendment does not involve the same
1838property granted a change within the prior 12 months.
1839     c.  The proposed amendment does not involve the same
1840owner's property within 200 feet of property granted a change
1841within the prior 12 months.
1842     d.  The proposed amendment does not involve a text change
1843to the goals, policies, and objectives of the local government's
1844comprehensive plan but only proposes a land use change to the
1845future land use map for a site-specific small scale development
1846activity.
1847     e.  The property that is the subject of the proposed
1848amendment is not located within an area of critical state
1849concern.
1850     2.  For purposes of this paragraph, the term "built-out"
1851means 90 percent of the property within the municipality's
1852boundaries, excluding lands that are designated as conservation,
1853preservation, recreation, or public facilities categories, have
1854been developed, or are the subject of an approved development
1855order that has received a building permit, and the municipality
1856has an average density of 5 units per acre for residential
1857development,
1858     3.a.  A local government that proposes to consider a plan
1859amendment pursuant to this paragraph is not required to comply
1860with the procedures and public notice requirements of s.
1861163.3184(15)(c) for such plan amendments if the local government
1862complies with the provisions of s. 166.041(3)(c). If a request
1863for a plan amendment under this paragraph is initiated by other
1864than the local government, public notice is required.
1865     b.  The local government shall send copies of the notice
1866and amendment to the state land planning agency, the regional
1867planning council, and any other person or entity requesting a
1868copy. This information shall also include a statement
1869identifying any property subject to the amendment that is
1870located within a coastal high hazard area as identified in the
1871local comprehensive plan.
1872     4.  Amendments adopted pursuant to this paragraph require
1873only one public hearing before the governing board, which shall
1874be an adoption hearing as described in s. 163.3184(7), and are
1875not subject to the requirements of s. 163.3184(3)-(6) unless the
1876local government elects to have them subject to those
1877requirements.
1878     5.  This paragraph shall not apply if a municipality
1879annexes unincorporated property that decreases the percentage of
1880build-out to an amount below 90 percent.
1881     6.  A municipality shall notify the state land planning
1882agency in writing of its built-out percentage prior to the
1883submission of any comprehensive plan amendments under this
1884subsection.
1885     Section 9.  Paragraphs (k) and (l) of subsection (2) and
1886subsection (10) of section 163.3191, Florida Statutes, are
1887amended, and paragraph (o) is added to subsection (2) of said
1888section, to read:
1889     163.3191  Evaluation and appraisal of comprehensive plan.--
1890     (2)  The report shall present an evaluation and assessment
1891of the comprehensive plan and shall contain appropriate
1892statements to update the comprehensive plan, including, but not
1893limited to, words, maps, illustrations, or other media, related
1894to:
1895     (k)  The coordination of the comprehensive plan with
1896existing public schools and those identified in the applicable
1897educational facilities plan adopted pursuant to s. 1013.35. The
1898assessment shall address, where relevant, the success or failure
1899of the coordination of the future land use map and associated
1900planned residential development with public schools and their
1901capacities, as well as the joint decisionmaking processes
1902engaged in by the local government and the school board in
1903regard to establishing appropriate population projections and
1904the planning and siting of public school facilities. For
1905counties or municipalities that do not have a public schools
1906interlocal agreement or public school facility element, the
1907assessment shall determine whether the local government
1908continues to meet the criteria of s. 163.3177(12). If the county
1909or municipality determines that it no longer meets the criteria,
1910the county or municipality must adopt appropriate school
1911concurrency goals, objectives, and policies in its plan
1912amendments pursuant to the requirements of the public school
1913facility element and enter into the existing interlocal
1914agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
1915order to fully participate in the school concurrency system If
1916the issues are not relevant, the local government shall
1917demonstrate that they are not relevant.
1918     (l)  The extent to which the local government has been
1919successful in identifying water supply sources, including
1920conservation and reuse, necessary to meet existing and projected
1921water use demand for the comprehensive plan's water supply work
1922plan. The water supply sources evaluated in the report must be
1923consistent with evaluation must consider the appropriate water
1924management district's regional water supply plan approved
1925pursuant to s. 373.0361. The report must evaluate the degree to
1926which the local government has implemented the work plan for
1927water supply facilities included in the potable water element.
1928The potable water element must be revised to include a work
1929plan, covering at least a 10-year planning period, for building
1930any water supply facilities that are identified in the element
1931as necessary to serve existing and new development and for which
1932the local government is responsible.
1933     (o)  The extent to which a concurrency exception area
1934designated pursuant to s. 163.3180(5), a concurrency management
1935area designated pursuant to s. 163.3180(7), or a multimodal
1936district designated pursuant to s. 163.3180(15) has achieved the
1937purposes for which it was created and otherwise complies with
1938the provisions of s. 163.3180.
1939     (10)  The governing body shall amend its comprehensive plan
1940based on the recommendations in the report and shall update the
1941comprehensive plan based on the components of subsection (2),
1942pursuant to the provisions of ss. 163.3184, 163.3187, and
1943163.3189. Amendments to update a comprehensive plan based on the
1944evaluation and appraisal report shall be adopted within 18
1945months after the report is determined to be sufficient by the
1946state land planning agency, except the state land planning
1947agency may grant an extension for adoption of a portion of such
1948amendments. The state land planning agency may grant a 6-month
1949extension for the adoption of such amendments if the request is
1950justified by good and sufficient cause as determined by the
1951agency. An additional extension may also be granted if the
1952request will result in greater coordination between
1953transportation and land use, for the purposes of improving
1954Florida's transportation system, as determined by the agency in
1955coordination with the Metropolitan Planning Organization
1956program. Beginning July 1, 2006, failure to timely adopt
1957updating amendments to the comprehensive plan based on the
1958evaluation and appraisal report shall result in a local
1959government being prohibited from adopting amendments to the
1960comprehensive plan until the evaluation and appraisal report
1961updating amendments have been adopted and the adopted amendment
1962has been transmitted to the state land planning agency. The
1963prohibition on plan amendments shall commence when the updating
1964amendments to the comprehensive plan are past due. The
1965comprehensive plan as amended shall be in compliance as defined
1966in s. 163.3184(1)(b). Within 6 months after the effective date
1967of the updating amendments to the comprehensive plan, the local
1968government shall provide to the state land planning agency and
1969to all agencies designated by rule a complete copy of the
1970updated comprehensive plan.
1971     Section 10.  Section 163.3247, Florida Statutes, is created
1972to read:
1973     163.3247  Century Commission for a Sustainable Florida.--
1974     (1)  POPULAR NAME.--This section may be cited as the
1975"Century Commission for a Sustainable Florida Act."
1976     (2)  FINDINGS AND INTENT.--The Legislature finds and
1977declares that the population of this state is expected to more
1978than double over the next 100 years, with commensurate impacts
1979to the state's natural resources and public infrastructure.
1980Consequently, it is in the best interests of the people of the
1981state to ensure sound planning for the proper placement of this
1982growth and protection of the state's land, water, and other
1983natural resources since such resources are essential to our
1984collective quality of life and a strong economy. The state's
1985growth management system should foster economic stability
1986through regional solutions and strategies, urban renewal and
1987infill, and the continued viability of agricultural economies,
1988while allowing for rural economic development and protecting the
1989unique characteristics of rural areas, and should reduce the
1990complexity of the regulatory process while carrying out the
1991intent of the laws and encouraging greater citizen
1992participation.
1993     (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
1994CREATION; ORGANIZATION.--The Century Commission for a
1995Sustainable Florida is created as a standing body to help the
1996citizens of this state envision and plan their collective future
1997with an eye towards both 20-year and 50-year horizons.
1998     (a)  The commission shall consist of nine members, three
1999appointed by the Governor, three appointed by the President of
2000the Senate, and three appointed by the Speaker of the House of
2001Representatives. Appointments shall be made no later than
2002October 1, 2005. One member shall be designated by the Governor
2003as chair of the commission. Any vacancy that occurs on the
2004commission must be filled in the same manner as the original
2005appointment and shall be for the unexpired term of that
2006commission seat. Members shall serve 4-year terms, except that,
2007initially, to provide for staggered terms, three of the
2008appointees, one each by the Governor, the President of the
2009Senate, and the Speaker of the House of Representatives, shall
2010serve 2-year terms, three shall serve 3-year terms, and three
2011shall serve 4-year terms. All subsequent appointments shall be
2012for 4-year terms. An appointee may not serve more than 6 years.
2013     (b)  The first meeting of the commission shall be held no
2014later than December 1, 2005, and shall meet at the call of the
2015chair but not less frequently than three times per year in
2016different regions of the state to solicit input from the public
2017or any other individuals offering testimony relevant to the
2018issues to be considered.
2019     (c)  Each member of the commission is entitled to one vote
2020and actions of the commission are not binding unless taken by a
2021three-fifths vote of the members present. A majority of the
2022members is required to constitute a quorum, and the affirmative
2023vote of a quorum is required for a binding vote.
2024     (d)  Members of the commission shall serve without
2025compensation but shall be entitled to receive per diem and
2026travel expenses in accordance with s. 112.061 while in
2027performance of their duties.
2028     (4)  POWERS AND DUTIES.--The commission shall:
2029     (a)  Annually conduct a process through which the
2030commission envisions the future for the state and then develops
2031and recommends policies, plans, action steps, or strategies to
2032assist in achieving the vision.
2033     (b)  Continuously review and consider statutory and
2034regulatory provisions, governmental processes, and societal and
2035economic trends in its inquiry of how state, regional, and local
2036governments and entities and citizens of this state can best
2037accommodate projected increased populations while maintaining
2038the natural, historical, cultural, and manmade life qualities
2039that best represent the state.
2040     (c)  Bring together people representing varied interests to
2041develop a shared image of the state and its developed and
2042natural areas. The process should involve exploring the impact
2043of the estimated population increase and other emerging trends
2044and issues; creating a vision for the future; and developing a
2045strategic action plan to achieve that vision using 20-year and
204650-year intermediate planning timeframes.
2047     (d)  Focus on essential state interests, defined as those
2048interests that transcend local or regional boundaries and are
2049most appropriately conserved, protected, and promoted at the
2050state level.
2051     (e)  Serve as an objective, nonpartisan repository of
2052exemplary community-building ideas and as a source to recommend
2053strategies and practices to assist others in working
2054collaboratively to problem solve on issues relating to growth
2055management.
2056     (f)  Annually, beginning January 16, 2007, and every year
2057thereafter on the same date, provide to the Governor, the
2058President of the Senate, and the Speaker of the House of
2059Representatives a written report containing specific
2060recommendations for addressing growth management in the state,
2061including executive and legislative recommendations. Further,
2062the report shall contain discussions regarding the need for
2063intergovernmental cooperation and the balancing of environmental
2064protection and future development and recommendations on issues,
2065including, but not limited to, recommendations regarding
2066dedicated sources of funding for sewer facilities, water supply
2067and quality, transportation facilities that are not adequately
2068addressed by the Strategic Intermodal System, and educational
2069infrastructure to support existing development and projected
2070population growth. This report shall be verbally presented to a
2071joint session of both houses annually as scheduled by the
2072President of the Senate and the Speaker of the House of
2073Representatives.
2074     (g)  Beginning with the 2007 Regular Session of the
2075Legislature, the President of the Senate and Speaker of the
2076House of Representatives shall create a joint select committee,
2077the task of which shall be to review the findings and
2078recommendations of the Century Commission for a Sustainable
2079Florida for potential action.
2080     (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
2081     (a)  The Secretary of Community Affairs shall select an
2082executive director of the commission, and the executive director
2083shall serve at the pleasure of the secretary under the
2084supervision and control of the commission.
2085     (b)  The Department of Community Affairs shall provide
2086staff and other resources necessary to accomplish the goals of
2087the commission based upon recommendations of the Governor.
2088     (c)  All agencies under the control of the Governor are
2089directed, and all other agencies are requested, to render
2090assistance to, and cooperate with, the commission.
2091     Section 11.  Section 337.107, Florida Statutes, is amended
2092to read:
2093     337.107  Contracts for right-of-way services.--The
2094department may enter into contracts pursuant to s. 287.055 for
2095right-of-way services on transportation corridors and
2096transportation facilities or the department may include right-
2097of-way services as part of design-build contracts awarded
2098pursuant to s. 337.11. Right-of-way services include negotiation
2099and acquisition services, appraisal services, demolition and
2100removal of improvements, and asbestos-abatement services.
2101     Section 12.  Paragraph (a) of subsection (7) of section
2102337.11, Florida Statutes, as amended by chapter 2002-20, Laws of
2103Florida, is amended to read:
2104     337.11  Contracting authority of department; bids;
2105emergency repairs, supplemental agreements, and change orders;
2106combined design and construction contracts; progress payments;
2107records; requirements of vehicle registration.--
2108     (7)(a)  If the head of the department determines that it is
2109in the best interests of the public, the department may combine
2110the right-of-way services and design and construction phases of
2111any a building, a major bridge, a limited access facility, or a
2112rail corridor project into a single contract, except for a
2113resurfacing or minor bridge project the right-of-way services
2114and design construction phases of which may be combined under s.
2115337.025. Such contract is referred to as a design-build
2116contract. Design-build contracts may be advertised and awarded
2117notwithstanding the requirements of paragraph (3)(c). However,
2118construction activities may not begin on any portion of such
2119projects for which the department has not yet obtained title
2120until title to the necessary rights-of-way and easements for the
2121construction of that portion of the project has vested in the
2122state or a local governmental entity and all railroad crossing
2123and utility agreements have been executed. Title to rights-of-
2124way shall be deemed to have vested in the state when the title
2125has been dedicated to the public or acquired by prescription.
2126Design-build contracts may be advertised and awarded
2127notwithstanding the requirements of paragraph (3)(c). However,
2128construction activities may not begin on any portion of such
2129projects until title to the necessary rights-of-way and
2130easements for the construction of that portion of the project
2131has vested in the state or a local governmental entity and all
2132railroad crossing and utility agreements have been executed.
2133Title to rights-of-way vests in the state when the title has
2134been dedicated to the public or acquired by prescription.
2135     Section 13.  Paragraph (m) of subsection (1) of section
2136339.08, Florida Statutes, is redesignated as paragraph (n) and
2137new paragraph (m) is added to said subsection, to read:
2138     339.08  Use of moneys in State Transportation Trust Fund.--
2139     (1)  The department shall expend moneys in the State
2140Transportation Trust Fund accruing to the department, in
2141accordance with its annual budget. The use of such moneys shall
2142be restricted to the following purposes:
2143     (m)  To pay the cost of transportation projects selected in
2144accordance with the Transportation Incentive Program for a
2145Sustainable Florida created in s. 339.28171.
2146     Section 14.  Paragraph (b) of subsection (4) of section
2147339.135, Florida Statutes, is amended to read:
2148     339.135  Work program; legislative budget request;
2149definitions; preparation, adoption, execution, and amendment.--
2150     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
2151     (b)1.  A tentative work program, including the ensuing
2152fiscal year and the successive 4 fiscal years, shall be prepared
2153for the State Transportation Trust Fund and other funds managed
2154by the department, unless otherwise provided by law. The
2155tentative work program shall be based on the district work
2156programs and shall set forth all projects by phase to be
2157undertaken during the ensuing fiscal year and planned for the
2158successive 4 fiscal years. The total amount of the liabilities
2159accruing in each fiscal year of the tentative work program may
2160not exceed the revenues available for expenditure during the
2161respective fiscal year based on the cash forecast for that
2162respective fiscal year.
2163     2.  The tentative work program shall be developed in
2164accordance with the Florida Transportation Plan required in s.
2165339.155 and must comply with the program funding levels
2166contained in the program and resource plan.
2167     3.  The department may include in the tentative work
2168program proposed changes to the programs contained in the
2169previous work program adopted pursuant to subsection (5);
2170however, the department shall minimize changes and adjustments
2171that affect the scheduling of project phases in the 4 common
2172fiscal years contained in the previous adopted work program and
2173the tentative work program. The department, in the development
2174of the tentative work program, shall advance by 1 fiscal year
2175all projects included in the second year of the previous year's
2176adopted work program, unless the secretary specifically
2177determines that it is necessary, for specific reasons, to
2178reschedule or delete one or more projects from that year. Such
2179changes and adjustments shall be clearly identified, and the
2180effect on the 4 common fiscal years contained in the previous
2181adopted work program and the tentative work program shall be
2182shown. It is the intent of the Legislature that the first 5
2183years of the adopted work program for facilities designated as
2184part of the Florida Intrastate Highway System and the first 3
2185years of the adopted work program stand as the commitment of the
2186state to undertake transportation projects that local
2187governments may rely on for planning and concurrency purposes
2188and in the development and amendment of the capital improvements
2189elements of their local government comprehensive plans.
2190     4.  The tentative work program must include a balanced 36-
2191month forecast of cash and expenditures and a 5-year finance
2192plan supporting the tentative work program.
2193     Section 15.  Paragraphs (c), (d), and (e) are added to
2194subsection (5) of section 339.155, Florida Statutes, to read:
2195     339.155  Transportation planning.--
2196     (5)  ADDITIONAL TRANSPORTATION PLANS.--
2197     (c)  Regional transportation plans may be developed in
2198regional transportation areas in accordance with an interlocal
2199agreement entered into pursuant to s. 163.01 by the department
2200and two or more contiguous metropolitan planning organizations,
2201one or more metropolitan planning organizations and one or more
2202contiguous counties that are not members of a metropolitan
2203planning organization, a multicounty regional transportation
2204authority created by or pursuant to law, two or more contiguous
2205counties that are not members of a metropolitan planning
2206organization, or metropolitan planning organizations comprised
2207of three or more counties.
2208     (d)  The department shall develop a model draft interlocal
2209agreement that, at a minimum, shall identify the entity that
2210will coordinate the development of the regional transportation
2211plan; delineate the boundaries of the regional transportation
2212area; provide the duration of the agreement and specify how the
2213agreement may be terminated, modified, or rescinded; describe
2214the process by which the regional transportation plan will be
2215developed; and provide how members of the entity will resolve
2216disagreements regarding interpretation of the interlocal
2217agreement or disputes relating to the development or content of
2218the regional transportation plan. The designated entity shall
2219coordinate the adoption of the interlocal agreement using as its
2220framework the department model. Such interlocal agreement shall
2221become effective upon approval by supermajority vote of the
2222affected local governments.
2223     (e)  The regional transportation plan developed pursuant to
2224this section shall, at a minimum, identify regionally
2225significant transportation facilities located within a regional
2226transportation area, and recommend a list to the department for
2227prioritization. The project shall be adopted into the capital
2228improvements schedule of the local government comprehensive plan
2229pursuant to s. 163. 3177(3).
2230     Section 16.  Section 339.175, Florida Statutes, is amended
2231to read:
2232     339.175  Metropolitan planning organization.--It is the
2233intent of the Legislature to encourage and promote the safe and
2234efficient management, operation, and development of surface
2235transportation systems that will serve the mobility needs of
2236people and freight within and through urbanized areas of this
2237state while minimizing transportation-related fuel consumption
2238and air pollution. To accomplish these objectives, metropolitan
2239planning organizations, referred to in this section as M.P.O.'s,
2240shall develop, in cooperation with the state and public transit
2241operators, transportation plans and programs for metropolitan
2242areas. The plans and programs for each metropolitan area must
2243provide for the development and integrated management and
2244operation of transportation systems and facilities, including
2245pedestrian walkways and bicycle transportation facilities that
2246will function as an intermodal transportation system for the
2247metropolitan area, based upon the prevailing principles provided
2248in s. 334.046(1). The process for developing such plans and
2249programs shall provide for consideration of all modes of
2250transportation and shall be continuing, cooperative, and
2251comprehensive, to the degree appropriate, based on the
2252complexity of the transportation problems to be addressed. To
2253ensure that the process is integrated with the statewide
2254planning process, M.P.O.'s shall develop plans and programs that
2255identify transportation facilities that should function as an
2256integrated metropolitan transportation system, giving emphasis
2257to facilities that serve important national, state, and regional
2258transportation functions. For the purposes of this section,
2259those facilities include the facilities on the Strategic
2260Intermodal System designated under s. 339.63 and facilities for
2261which projects have been identified pursuant to s. 339.28171.
2262     (1)  DESIGNATION.--
2263     (a)1.  An M.P.O. shall be designated for each urbanized
2264area of the state; however, this does not require that an
2265individual M.P.O. be designated for each such area. Such
2266designation shall be accomplished by agreement between the
2267Governor and units of general-purpose local government
2268representing at least 75 percent of the population of the
2269urbanized area; however, the unit of general-purpose local
2270government that represents the central city or cities within the
2271M.P.O. jurisdiction, as defined by the United States Bureau of
2272the Census, must be a party to such agreement.
2273     2.  More than one M.P.O. may be designated within an
2274existing metropolitan planning area only if the Governor and the
2275existing M.P.O. determine that the size and complexity of the
2276existing metropolitan planning area makes the designation of
2277more than one M.P.O. for the area appropriate.
2278     (b)  Each M.P.O. shall be created and operated under the
2279provisions of this section pursuant to an interlocal agreement
2280entered into pursuant to s. 163.01. The signatories to the
2281interlocal agreement shall be the department and the
2282governmental entities designated by the Governor for membership
2283on the M.P.O. If there is a conflict between this section and s.
2284163.01, this section prevails.
2285     (c)  The jurisdictional boundaries of an M.P.O. shall be
2286determined by agreement between the Governor and the applicable
2287M.P.O. The boundaries must include at least the metropolitan
2288planning area, which is the existing urbanized area and the
2289contiguous area expected to become urbanized within a 20-year
2290forecast period, and may encompass the entire metropolitan
2291statistical area or the consolidated metropolitan statistical
2292area.
2293     (d)  In the case of an urbanized area designated as a
2294nonattainment area for ozone or carbon monoxide under the Clean
2295Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
2296metropolitan planning area in existence as of the date of
2297enactment of this paragraph shall be retained, except that the
2298boundaries may be adjusted by agreement of the Governor and
2299affected metropolitan planning organizations in the manner
2300described in this section. If more than one M.P.O. has authority
2301within a metropolitan area or an area that is designated as a
2302nonattainment area, each M.P.O. shall consult with other
2303M.P.O.'s designated for such area and with the state in the
2304coordination of plans and programs required by this section.
2305
2306Each M.P.O. required under this section must be fully operative
2307no later than 6 months following its designation.
2308     (2)  VOTING MEMBERSHIP.--
2309     (a)  The voting membership of an M.P.O. shall consist of
2310not fewer than 5 or more than 19 apportioned members, the exact
2311number to be determined on an equitable geographic-population
2312ratio basis by the Governor, based on an agreement among the
2313affected units of general-purpose local government as required
2314by federal rules and regulations. The Governor, in accordance
2315with 23 U.S.C. s. 134, may also provide for M.P.O. members who
2316represent municipalities to alternate with representatives from
2317other municipalities within the metropolitan planning area that
2318do not have members on the M.P.O. County commission members
2319shall compose not less than one-third of the M.P.O. membership,
2320except for an M.P.O. with more than 15 members located in a
2321county with a five-member county commission or an M.P.O. with 19
2322members located in a county with no more than 6 county
2323commissioners, in which case county commission members may
2324compose less than one-third percent of the M.P.O. membership,
2325but all county commissioners must be members. All voting members
2326shall be elected officials of general-purpose governments,
2327except that an M.P.O. may include, as part of its apportioned
2328voting members, a member of a statutorily authorized planning
2329board, an official of an agency that operates or administers a
2330major mode of transportation, or an official of the Florida
2331Space Authority. The county commission shall compose not less
2332than 20 percent of the M.P.O. membership if an official of an
2333agency that operates or administers a major mode of
2334transportation has been appointed to an M.P.O.
2335     (b)  In metropolitan areas in which authorities or other
2336agencies have been or may be created by law to perform
2337transportation functions and are performing transportation
2338functions that are not under the jurisdiction of a general
2339purpose local government represented on the M.P.O., they shall
2340be provided voting membership on the M.P.O. In all other
2341M.P.O.'s where transportation authorities or agencies are to be
2342represented by elected officials from general purpose local
2343governments, the M.P.O. shall establish a process by which the
2344collective interests of such authorities or other agencies are
2345expressed and conveyed.
2346     (c)  Any other provision of this section to the contrary
2347notwithstanding, a chartered county with over 1 million
2348population may elect to reapportion the membership of an M.P.O.
2349whose jurisdiction is wholly within the county. The charter
2350county may exercise the provisions of this paragraph if:
2351     1.  The M.P.O. approves the reapportionment plan by a
2352three-fourths vote of its membership;
2353     2.  The M.P.O. and the charter county determine that the
2354reapportionment plan is needed to fulfill specific goals and
2355policies applicable to that metropolitan planning area; and
2356     3.  The charter county determines the reapportionment plan
2357otherwise complies with all federal requirements pertaining to
2358M.P.O. membership.
2359
2360Any charter county that elects to exercise the provisions of
2361this paragraph shall notify the Governor in writing.
2362     (d)  Any other provision of this section to the contrary
2363notwithstanding, any county chartered under s. 6(e), Art. VIII
2364of the State Constitution may elect to have its county
2365commission serve as the M.P.O., if the M.P.O. jurisdiction is
2366wholly contained within the county. Any charter county that
2367elects to exercise the provisions of this paragraph shall so
2368notify the Governor in writing. Upon receipt of such
2369notification, the Governor must designate the county commission
2370as the M.P.O. The Governor must appoint four additional voting
2371members to the M.P.O., one of whom must be an elected official
2372representing a municipality within the county, one of whom must
2373be an expressway authority member, one of whom must be a person
2374who does not hold elected public office and who resides in the
2375unincorporated portion of the county, and one of whom must be a
2376school board member.
2377     (3)  APPORTIONMENT.--
2378     (a)  The Governor shall, with the agreement of the affected
2379units of general-purpose local government as required by federal
2380rules and regulations, apportion the membership on the
2381applicable M.P.O. among the various governmental entities within
2382the area and shall prescribe a method for appointing alternate
2383members who may vote at any M.P.O. meeting that an alternate
2384member attends in place of a regular member. An appointed
2385alternate member must be an elected official serving the same
2386governmental entity or a general-purpose local government with
2387jurisdiction within all or part of the area that the regular
2388member serves. The governmental entity so designated shall
2389appoint the appropriate number of members to the M.P.O. from
2390eligible officials. Representatives of the department shall
2391serve as nonvoting members of the M.P.O. Nonvoting advisers may
2392be appointed by the M.P.O. as deemed necessary. The Governor
2393shall review the composition of the M.P.O. membership in
2394conjunction with the decennial census as prepared by the United
2395States Department of Commerce, Bureau of the Census, and
2396reapportion it as necessary to comply with subsection (2).
2397     (b)  Except for members who represent municipalities on the
2398basis of alternating with representatives from other
2399municipalities that do not have members on the M.P.O. as
2400provided in paragraph (2)(a), the members of an M.P.O. shall
2401serve 4-year terms. Members who represent municipalities on the
2402basis of alternating with representatives from other
2403municipalities that do not have members on the M.P.O. as
2404provided in paragraph (2)(a) may serve terms of up to 4 years as
2405further provided in the interlocal agreement described in
2406paragraph (1)(b). The membership of a member who is a public
2407official automatically terminates upon the member's leaving his
2408or her elective or appointive office for any reason, or may be
2409terminated by a majority vote of the total membership of a
2410county or city governing entity represented by the member. A
2411vacancy shall be filled by the original appointing entity. A
2412member may be reappointed for one or more additional 4-year
2413terms.
2414     (c)  If a governmental entity fails to fill an assigned
2415appointment to an M.P.O. within 60 days after notification by
2416the Governor of its duty to appoint, that appointment shall be
2417made by the Governor from the eligible representatives of that
2418governmental entity.
2419     (4)  AUTHORITY AND RESPONSIBILITY.--The authority and
2420responsibility of an M.P.O. is to manage a continuing,
2421cooperative, and comprehensive transportation planning process
2422that, based upon the prevailing principles provided in s.
2423334.046(1), results in the development of plans and programs
2424which are consistent, to the maximum extent feasible, with the
2425approved local government comprehensive plans of the units of
2426local government the boundaries of which are within the
2427metropolitan area of the M.P.O. An M.P.O. shall be the forum for
2428cooperative decisionmaking by officials of the affected
2429governmental entities in the development of the plans and
2430programs required by subsections (5), (6), (7), and (8).
2431     (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
2432privileges, and authority of an M.P.O. are those specified in
2433this section or incorporated in an interlocal agreement
2434authorized under s. 163.01. Each M.P.O. shall perform all acts
2435required by federal or state laws or rules, now and subsequently
2436applicable, which are necessary to qualify for federal aid. It
2437is the intent of this section that each M.P.O. shall be involved
2438in the planning and programming of transportation facilities,
2439including, but not limited to, airports, intercity and high-
2440speed rail lines, seaports, and intermodal facilities, to the
2441extent permitted by state or federal law.
2442     (a)  Each M.P.O. shall, in cooperation with the department,
2443develop:
2444     1.  A long-range transportation plan pursuant to the
2445requirements of subsection (6);
2446     2.  An annually updated transportation improvement program
2447pursuant to the requirements of subsection (7); and
2448     3.  An annual unified planning work program pursuant to the
2449requirements of subsection (8).
2450     (b)  In developing the long-range transportation plan and
2451the transportation improvement program required under paragraph
2452(a), each M.P.O. shall provide for consideration of projects and
2453strategies that will:
2454     1.  Support the economic vitality of the metropolitan area,
2455especially by enabling global competitiveness, productivity, and
2456efficiency;
2457     2.  Increase the safety and security of the transportation
2458system for motorized and nonmotorized users;
2459     3.  Increase the accessibility and mobility options
2460available to people and for freight;
2461     4.  Protect and enhance the environment, promote energy
2462conservation, and improve quality of life;
2463     5.  Enhance the integration and connectivity of the
2464transportation system, across and between modes, for people and
2465freight;
2466     6.  Promote efficient system management and operation; and
2467     7.  Emphasize the preservation of the existing
2468transportation system.
2469     (c)  In order to provide recommendations to the department
2470and local governmental entities regarding transportation plans
2471and programs, each M.P.O. shall:
2472     1.  Prepare a congestion management system for the
2473metropolitan area and cooperate with the department in the
2474development of all other transportation management systems
2475required by state or federal law;
2476     2.  Assist the department in mapping transportation
2477planning boundaries required by state or federal law;
2478     3.  Assist the department in performing its duties relating
2479to access management, functional classification of roads, and
2480data collection;
2481     4.  Execute all agreements or certifications necessary to
2482comply with applicable state or federal law;
2483     5.  Represent all the jurisdictional areas within the
2484metropolitan area in the formulation of transportation plans and
2485programs required by this section; and
2486     6.  Perform all other duties required by state or federal
2487law.
2488     (d)  Each M.P.O. shall appoint a technical advisory
2489committee that includes planners; engineers; representatives of
2490local aviation authorities, port authorities, and public transit
2491authorities or representatives of aviation departments, seaport
2492departments, and public transit departments of municipal or
2493county governments, as applicable; the school superintendent of
2494each county within the jurisdiction of the M.P.O. or the
2495superintendent's designee; and other appropriate representatives
2496of affected local governments. In addition to any other duties
2497assigned to it by the M.P.O. or by state or federal law, the
2498technical advisory committee is responsible for considering safe
2499access to schools in its review of transportation project
2500priorities, long-range transportation plans, and transportation
2501improvement programs, and shall advise the M.P.O. on such
2502matters. In addition, the technical advisory committee shall
2503coordinate its actions with local school boards and other local
2504programs and organizations within the metropolitan area which
2505participate in school safety activities, such as locally
2506established community traffic safety teams. Local school boards
2507must provide the appropriate M.P.O. with information concerning
2508future school sites and in the coordination of transportation
2509service.
2510     (e)1.  Each M.P.O. shall appoint a citizens' advisory
2511committee, the members of which serve at the pleasure of the
2512M.P.O. The membership on the citizens' advisory committee must
2513reflect a broad cross section of local residents with an
2514interest in the development of an efficient, safe, and cost-
2515effective transportation system. Minorities, the elderly, and
2516the handicapped must be adequately represented.
2517     2.  Notwithstanding the provisions of subparagraph 1., an
2518M.P.O. may, with the approval of the department and the
2519applicable federal governmental agency, adopt an alternative
2520program or mechanism to ensure citizen involvement in the
2521transportation planning process.
2522     (f)  The department shall allocate to each M.P.O., for the
2523purpose of accomplishing its transportation planning and
2524programming duties, an appropriate amount of federal
2525transportation planning funds.
2526     (g)  Each M.P.O. may employ personnel or may enter into
2527contracts with local or state agencies, private planning firms,
2528or private engineering firms to accomplish its transportation
2529planning and programming duties required by state or federal
2530law.
2531     (h)  A chair's coordinating committee is created, composed
2532of the M.P.O.'s serving Hernando, Hillsborough, Manatee, Pasco,
2533Pinellas, Polk, and Sarasota Counties. The committee must, at a
2534minimum:
2535     1.  Coordinate transportation projects deemed to be
2536regionally significant by the committee.
2537     2.  Review the impact of regionally significant land use
2538decisions on the region.
2539     3.  Review all proposed regionally significant
2540transportation projects in the respective transportation
2541improvement programs which affect more than one of the M.P.O.'s
2542represented on the committee.
2543     4.  Institute a conflict resolution process to address any
2544conflict that may arise in the planning and programming of such
2545regionally significant projects.
2546     (i)1.  The Legislature finds that the state's rapid growth
2547in recent decades has caused many urbanized areas subject to
2548M.P.O. jurisdiction to become contiguous to each other. As a
2549result, various transportation projects may cross from the
2550jurisdiction of one M.P.O. into the jurisdiction of another
2551M.P.O. To more fully accomplish the purposes for which M.P.O.'s
2552have been mandated, M.P.O.'s shall develop coordination
2553mechanisms with one another to expand and improve transportation
2554within the state. The appropriate method of coordination between
2555M.P.O.'s shall vary depending upon the project involved and
2556given local and regional needs. Consequently, it is appropriate
2557to set forth a flexible methodology that can be used by M.P.O.'s
2558to coordinate with other M.P.O.'s and appropriate political
2559subdivisions as circumstances demand.
2560     2.  Any M.P.O. may join with any other M.P.O. or any
2561individual political subdivision to coordinate activities or to
2562achieve any federal or state transportation planning or
2563development goals or purposes consistent with federal or state
2564law. When an M.P.O. determines that it is appropriate to join
2565with another M.P.O. or any political subdivision to coordinate
2566activities, the M.P.O. or political subdivision shall enter into
2567an interlocal agreement pursuant to s. 163.01, which, at a
2568minimum, creates a separate legal or administrative entity to
2569coordinate the transportation planning or development activities
2570required to achieve the goal or purpose; provide the purpose for
2571which the entity is created; provide the duration of the
2572agreement and the entity, and specify how the agreement may be
2573terminated, modified, or rescinded; describe the precise
2574organization of the entity, including who has voting rights on
2575the governing board, whether alternative voting members are
2576provided for, how voting members are appointed, and what the
2577relative voting strength is for each constituent M.P.O. or
2578political subdivision; provide the manner in which the parties
2579to the agreement will provide for the financial support of the
2580entity and payment of costs and expenses of the entity; provide
2581the manner in which funds may be paid to and disbursed from the
2582entity; and provide how members of the entity will resolve
2583disagreements regarding interpretation of the interlocal
2584agreement or disputes relating to the operation of the entity.
2585Such interlocal agreement shall become effective upon its
2586recordation in the official public records of each county in
2587which a member of the entity created by the interlocal agreement
2588has a voting member. This paragraph does not require any
2589M.P.O.'s to merge, combine, or otherwise join together as a
2590single M.P.O.
2591     (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
2592develop a long-range transportation plan that addresses at least
2593a 20-year planning horizon. The plan must include both long-
2594range and short-range strategies and must comply with all other
2595state and federal requirements. The prevailing principles to be
2596considered in the long-range transportation plan are: preserving
2597the existing transportation infrastructure; enhancing Florida's
2598economic competitiveness; and improving travel choices to ensure
2599mobility. The long-range transportation plan must be consistent,
2600to the maximum extent feasible, with future land use elements
2601and the goals, objectives, and policies of the approved local
2602government comprehensive plans of the units of local government
2603located within the jurisdiction of the M.P.O. The approved long-
2604range transportation plan must be considered by local
2605governments in the development of the transportation elements in
2606local government comprehensive plans and any amendments thereto.
2607The long-range transportation plan must, at a minimum:
2608     (a)  Identify transportation facilities, including, but not
2609limited to, major roadways, airports, seaports, spaceports,
2610commuter rail systems, transit systems, and intermodal or
2611multimodal terminals that will function as an integrated
2612metropolitan transportation system. The long-range
2613transportation plan must give emphasis to those transportation
2614facilities that serve national, statewide, or regional
2615functions, and must consider the goals and objectives identified
2616in the Florida Transportation Plan as provided in s. 339.155. If
2617a project is located within the boundaries of more than one
2618M.P.O., the M.P.O.'s must coordinate plans regarding the project
2619in the long-range transportation plan.
2620     (b)  Include a financial plan that demonstrates how the
2621plan can be implemented, indicating resources from public and
2622private sources which are reasonably expected to be available to
2623carry out the plan, and recommends any additional financing
2624strategies for needed projects and programs. The financial plan
2625may include, for illustrative purposes, additional projects that
2626would be included in the adopted long-range transportation plan
2627if reasonable additional resources beyond those identified in
2628the financial plan were available. For the purpose of developing
2629the long-range transportation plan, the M.P.O. and the
2630department shall cooperatively develop estimates of funds that
2631will be available to support the plan implementation. Innovative
2632financing techniques may be used to fund needed projects and
2633programs. Such techniques may include the assessment of tolls,
2634the use of value capture financing, or the use of value pricing.
2635     (c)  Assess capital investment and other measures necessary
2636to:
2637     1.  Ensure the preservation of the existing metropolitan
2638transportation system including requirements for the operation,
2639resurfacing, restoration, and rehabilitation of major roadways
2640and requirements for the operation, maintenance, modernization,
2641and rehabilitation of public transportation facilities; and
2642     2.  Make the most efficient use of existing transportation
2643facilities to relieve vehicular congestion and maximize the
2644mobility of people and goods.
2645     (d)  Indicate, as appropriate, proposed transportation
2646enhancement activities, including, but not limited to,
2647pedestrian and bicycle facilities, scenic easements,
2648landscaping, historic preservation, mitigation of water
2649pollution due to highway runoff, and control of outdoor
2650advertising.
2651     (e)  In addition to the requirements of paragraphs (a)-(d),
2652in metropolitan areas that are classified as nonattainment areas
2653for ozone or carbon monoxide, the M.P.O. must coordinate the
2654development of the long-range transportation plan with the State
2655Implementation Plan developed pursuant to the requirements of
2656the federal Clean Air Act.
2657
2658In the development of its long-range transportation plan, each
2659M.P.O. must provide the public, affected public agencies,
2660representatives of transportation agency employees, freight
2661shippers, providers of freight transportation services, private
2662providers of transportation, representatives of users of public
2663transit, and other interested parties with a reasonable
2664opportunity to comment on the long-range transportation plan.
2665The long-range transportation plan must be approved by the
2666M.P.O.
2667     (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
2668shall, in cooperation with the state and affected public
2669transportation operators, develop a transportation improvement
2670program for the area within the jurisdiction of the M.P.O. In
2671the development of the transportation improvement program, each
2672M.P.O. must provide the public, affected public agencies,
2673representatives of transportation agency employees, freight
2674shippers, providers of freight transportation services, private
2675providers of transportation, representatives of users of public
2676transit, and other interested parties with a reasonable
2677opportunity to comment on the proposed transportation
2678improvement program.
2679     (a)  Each M.P.O. is responsible for developing, annually, a
2680list of project priorities and a transportation improvement
2681program. The prevailing principles to be considered by each
2682M.P.O. when developing a list of project priorities and a
2683transportation improvement program are: preserving the existing
2684transportation infrastructure; enhancing Florida's economic
2685competitiveness; and improving travel choices to ensure
2686mobility. The transportation improvement program will be used to
2687initiate federally aided transportation facilities and
2688improvements as well as other transportation facilities and
2689improvements including transit, rail, aviation, spaceport, and
2690port facilities to be funded from the State Transportation Trust
2691Fund within its metropolitan area in accordance with existing
2692and subsequent federal and state laws and rules and regulations
2693related thereto. The transportation improvement program shall be
2694consistent, to the maximum extent feasible, with the approved
2695local government comprehensive plans of the units of local
2696government whose boundaries are within the metropolitan area of
2697the M.P.O. and include those projects programmed pursuant to s.
2698339.28171.
2699     (b)  Each M.P.O. annually shall prepare a list of project
2700priorities and shall submit the list to the appropriate district
2701of the department by October 1 of each year; however, the
2702department and a metropolitan planning organization may, in
2703writing, agree to vary this submittal date. The list of project
2704priorities must be formally reviewed by the technical and
2705citizens' advisory committees, and approved by the M.P.O.,
2706before it is transmitted to the district. The approved list of
2707project priorities must be used by the district in developing
2708the district work program and must be used by the M.P.O. in
2709developing its transportation improvement program. The annual
2710list of project priorities must be based upon project selection
2711criteria that, at a minimum, consider the following:
2712     1.  The approved M.P.O. long-range transportation plan;
2713     2.  The Strategic Intermodal System Plan developed under s.
2714339.64;.
2715     3.  The priorities developed pursuant to s. 339.28171;
2716     4.3.  The results of the transportation management systems;
2717and
2718     5.4.  The M.P.O.'s public-involvement procedures.
2719     (c)  The transportation improvement program must, at a
2720minimum:
2721     1.  Include projects and project phases to be funded with
2722state or federal funds within the time period of the
2723transportation improvement program and which are recommended for
2724advancement during the next fiscal year and 4 subsequent fiscal
2725years. Such projects and project phases must be consistent, to
2726the maximum extent feasible, with the approved local government
2727comprehensive plans of the units of local government located
2728within the jurisdiction of the M.P.O. For informational
2729purposes, the transportation improvement program shall also
2730include a list of projects to be funded from local or private
2731revenues.
2732     2.  Include projects within the metropolitan area which are
2733proposed for funding under 23 U.S.C. s. 134 of the Federal
2734Transit Act and which are consistent with the long-range
2735transportation plan developed under subsection (6).
2736     3.  Provide a financial plan that demonstrates how the
2737transportation improvement program can be implemented; indicates
2738the resources, both public and private, that are reasonably
2739expected to be available to accomplish the program; identifies
2740any innovative financing techniques that may be used to fund
2741needed projects and programs; and may include, for illustrative
2742purposes, additional projects that would be included in the
2743approved transportation improvement program if reasonable
2744additional resources beyond those identified in the financial
2745plan were available. Innovative financing techniques may include
2746the assessment of tolls, the use of value capture financing, or
2747the use of value pricing. The transportation improvement program
2748may include a project or project phase only if full funding can
2749reasonably be anticipated to be available for the project or
2750project phase within the time period contemplated for completion
2751of the project or project phase.
2752     4.  Group projects and project phases of similar urgency
2753and anticipated staging into appropriate staging periods.
2754     5.  Indicate how the transportation improvement program
2755relates to the long-range transportation plan developed under
2756subsection (6), including providing examples of specific
2757projects or project phases that further the goals and policies
2758of the long-range transportation plan.
2759     6.  Indicate whether any project or project phase is
2760inconsistent with an approved comprehensive plan of a unit of
2761local government located within the jurisdiction of the M.P.O.
2762If a project is inconsistent with an affected comprehensive
2763plan, the M.P.O. must provide justification for including the
2764project in the transportation improvement program.
2765     7.  Indicate how the improvements are consistent, to the
2766maximum extent feasible, with affected seaport, airport, and
2767spaceport master plans and with public transit development plans
2768of the units of local government located within the jurisdiction
2769of the M.P.O. If a project is located within the boundaries of
2770more than one M.P.O., the M.P.O.'s must coordinate plans
2771regarding the project in the transportation improvement program.
2772     (d)  Projects included in the transportation improvement
2773program and that have advanced to the design stage of
2774preliminary engineering may be removed from or rescheduled in a
2775subsequent transportation improvement program only by the joint
2776action of the M.P.O. and the department. Except when recommended
2777in writing by the district secretary for good cause, any project
2778removed from or rescheduled in a subsequent transportation
2779improvement program shall not be rescheduled by the M.P.O. in
2780that subsequent program earlier than the 5th year of such
2781program.
2782     (e)  During the development of the transportation
2783improvement program, the M.P.O. shall, in cooperation with the
2784department and any affected public transit operation, provide
2785citizens, affected public agencies, representatives of
2786transportation agency employees, freight shippers, providers of
2787freight transportation services, private providers of
2788transportation, representatives of users of public transit, and
2789other interested parties with reasonable notice of and an
2790opportunity to comment on the proposed program.
2791     (f)  The adopted annual transportation improvement program
2792for M.P.O.'s in nonattainment or maintenance areas must be
2793submitted to the district secretary and the Department of
2794Community Affairs at least 90 days before the submission of the
2795state transportation improvement program by the department to
2796the appropriate federal agencies. The annual transportation
2797improvement program for M.P.O.'s in attainment areas must be
2798submitted to the district secretary and the Department of
2799Community Affairs at least 45 days before the department submits
2800the state transportation improvement program to the appropriate
2801federal agencies; however, the department, the Department of
2802Community Affairs, and a metropolitan planning organization may,
2803in writing, agree to vary this submittal date. The Governor or
2804the Governor's designee shall review and approve each
2805transportation improvement program and any amendments thereto.
2806     (g)  The Department of Community Affairs shall review the
2807annual transportation improvement program of each M.P.O. for
2808consistency with the approved local government comprehensive
2809plans of the units of local government whose boundaries are
2810within the metropolitan area of each M.P.O. and shall identify
2811those projects that are inconsistent with such comprehensive
2812plans. The Department of Community Affairs shall notify an
2813M.P.O. of any transportation projects contained in its
2814transportation improvement program which are inconsistent with
2815the approved local government comprehensive plans of the units
2816of local government whose boundaries are within the metropolitan
2817area of the M.P.O.
2818     (h)  The M.P.O. shall annually publish or otherwise make
2819available for public review the annual listing of projects for
2820which federal funds have been obligated in the preceding year.
2821Project monitoring systems must be maintained by those agencies
2822responsible for obligating federal funds and made accessible to
2823the M.P.O.'s.
2824     (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
2825develop, in cooperation with the department and public
2826transportation providers, a unified planning work program that
2827lists all planning tasks to be undertaken during the program
2828year. The unified planning work program must provide a complete
2829description of each planning task and an estimated budget
2830therefor and must comply with applicable state and federal law.
2831     (9)  AGREEMENTS.--
2832     (a)  Each M.P.O. shall execute the following written
2833agreements, which shall be reviewed, and updated as necessary,
2834every 5 years:
2835     1.  An agreement with the department clearly establishing
2836the cooperative relationship essential to accomplish the
2837transportation planning requirements of state and federal law.
2838     2.  An agreement with the metropolitan and regional
2839intergovernmental coordination and review agencies serving the
2840metropolitan areas, specifying the means by which activities
2841will be coordinated and how transportation planning and
2842programming will be part of the comprehensive planned
2843development of the area.
2844     3.  An agreement with operators of public transportation
2845systems, including transit systems, commuter rail systems,
2846airports, seaports, and spaceports, describing the means by
2847which activities will be coordinated and specifying how public
2848transit, commuter rail, aviation, seaport, and aerospace
2849planning and programming will be part of the comprehensive
2850planned development of the metropolitan area.
2851     (b)  An M.P.O. may execute other agreements required by
2852state or federal law or as necessary to properly accomplish its
2853functions.
2854     (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.-
2855-
2856     (a)  A Metropolitan Planning Organization Advisory Council
2857is created to augment, and not supplant, the role of the
2858individual M.P.O.'s in the cooperative transportation planning
2859process described in this section.
2860     (b)  The council shall consist of one representative from
2861each M.P.O. and shall elect a chairperson annually from its
2862number. Each M.P.O. shall also elect an alternate representative
2863from each M.P.O. to vote in the absence of the representative.
2864Members of the council do not receive any compensation for their
2865services, but may be reimbursed from funds made available to
2866council members for travel and per diem expenses incurred in the
2867performance of their council duties as provided in s. 112.061.
2868     (c)  The powers and duties of the Metropolitan Planning
2869Organization Advisory Council are to:
2870     1.  Enter into contracts with individuals, private
2871corporations, and public agencies.
2872     2.  Acquire, own, operate, maintain, sell, or lease
2873personal property essential for the conduct of business.
2874     3.  Accept funds, grants, assistance, gifts, or bequests
2875from private, local, state, or federal sources.
2876     4.  Establish bylaws and adopt rules pursuant to ss.
2877120.536(1) and 120.54 to implement provisions of law conferring
2878powers or duties upon it.
2879     5.  Assist M.P.O.'s in carrying out the urbanized area
2880transportation planning process by serving as the principal
2881forum for collective policy discussion pursuant to law.
2882     6.  Serve as a clearinghouse for review and comment by
2883M.P.O.'s on the Florida Transportation Plan and on other issues
2884required to comply with federal or state law in carrying out the
2885urbanized area transportation and systematic planning processes
2886instituted pursuant to s. 339.155.
2887     7.  Employ an executive director and such other staff as
2888necessary to perform adequately the functions of the council,
2889within budgetary limitations. The executive director and staff
2890are exempt from part II of chapter 110 and serve at the
2891direction and control of the council. The council is assigned to
2892the Office of the Secretary of the Department of Transportation
2893for fiscal and accountability purposes, but it shall otherwise
2894function independently of the control and direction of the
2895department.
2896     8.  Adopt an agency strategic plan that provides the
2897priority directions the agency will take to carry out its
2898mission within the context of the state comprehensive plan and
2899any other statutory mandates and directions given to the agency.
2900     (11)  APPLICATION OF FEDERAL LAW.--Upon notification by an
2901agency of the Federal Government that any provision of this
2902section conflicts with federal laws or regulations, such federal
2903laws or regulations will take precedence to the extent of the
2904conflict until such conflict is resolved. The department or an
2905M.P.O. may take any necessary action to comply with such federal
2906laws and regulations or to continue to remain eligible to
2907receive federal funds.
2908     Section 17.  Section 339.28171, Florida Statutes, is
2909created to read:
2910     339.28171  Transportation Incentive Program for a
2911Sustainable Florida.--
2912     (1)  There is created within the Department of
2913Transportation a Transportation Incentive Program for a
2914Sustainable Florida, which may be cited as TRIP for a
2915Sustainable Florida, for the purpose of providing grants to
2916local governments to improve a transportation facility or system
2917which addresses an identified concurrency management system
2918backlog or relieve traffic congestion in urban infill and
2919redevelopment areas. Bridge projects off of the State Highway
2920System are eligible to receive funding from this program.
2921     (2)  To be eligible for consideration, projects must be
2922consistent with local government comprehensive plans, the
2923transportation improvement program of the applicable
2924metropolitan organization, and the Strategic Intermodal System
2925plan developed in accordance with s. 339.64.
2926     (3)  The funds shall be distributed by the department to
2927each district in accordance with the statutory formula pursuant
2928to s. 339.135(4). The district secretary shall use the following
2929criteria to evaluate the project applications:
2930     (a)  The level of local government funding efforts.
2931     (b)  The level of local, regional, or private financial
2932matching funds as a percentage of the overall project cost.
2933     (c)  The ability of local government to rapidly address
2934project construction.
2935     (d)  The level of municipal and county agreement on the
2936scope of the proposed project.
2937     (e)  Whether the project is located within and supports the
2938objectives of an urban infill area, a community redevelopment
2939area, an urban redevelopment area, or a concurrency management
2940area.
2941     (f)  The extent to which the project would foster public-
2942private partnerships and investment.
2943     (g)  The extent to which the project protects
2944environmentally sensitive areas.
2945     (h)  The extent to which the project would support urban
2946mobility, including public transit systems, the use of new
2947technologies, and the provision of bicycle facilities or
2948pedestrian pathways.
2949     (i)  The extent to which the project implements a regional
2950transportation plan developed in accordance with s.
2951339.155(2)(c), (d), and (e).
2952     (j)  Whether the project is subject to a local ordinance
2953that establishes corridor management techniques, including
2954access management strategies, right-of-way acquisition and
2955protection measures, appropriate land use strategies, zoning,
2956and setback requirements for adjacent land uses.
2957     (k)  Whether or not the local government has adopted a
2958vision pursuant to s. 163.3167(11).
2959     (4)  As part of the project application, the local
2960government shall demonstrate how the proposed project implements
2961a capital improvement element and a long-term transportation
2962concurrency system, if applicable, to address the existing
2963capital improvement element backlogs.
2964     (5)  The percentage of matching funds available to
2965applicants shall be based on the following:
2966     (a)  For projects that provide capacity on the Strategic
2967Intermodal System, the percentage shall be 35 percent.
2968     (b)  For projects that provide capacity on regionally
2969significant transportation facilities identified in s.
2970339.155(2)(c), (d), and (e), the percentage shall be 50 percent
2971or up to 50 percent of the nonfederal share of the eligible
2972project costs for a public transportation facility project. For
2973off-system bridges, the percentage shall be 50 percent. Projects
2974to be funded pursuant to this paragraph shall, at a minimum meet
2975the following additional criteria:
2976     1.  Support those transportation facilities that serve
2977national, statewide, or regional functions and function as an
2978integrated regional transportation system.
2979     2.  Be identified in the capital improvements element of a
2980comprehensive plan that has been determined to be in compliance
2981with part II of chapter 163, after the effective date of this
2982act, or to implement a long-term concurrency management system
2983adopted a local government in accordance with s. 163.3177(9).
2984     3.  Provide connectivity to the Strategic Intermodal System
2985designated pursuant to s. 339.64.
2986     4.  Support economic development and the movement of goods
2987in areas of critical economic concern designated pursuant to s.
2988288.0656(7).
2989     5.  Improve connectivity between military installations and
2990the Strategic Highway Network or the Strategic Rail Corridor
2991Network.
2992     6.  For off-system bridge projects to replaced,
2993rehabilitate, paint, or install scour countermeasures to highway
2994bridges located on public roads, other than those on a federal-
2995aid highway, such projects shall, at a minimum:
2996     (a)  Be classified as a structurally deficient bridge with
2997a poor condition rating for either the deck, superstructure, or
2998substructure component, or culvert.
2999     (b)  Have a sufficiency rating of 35 or below.
3000     (c)  Have average daily traffic of at least 500 vehicles.
3001
3002Special consideration shall be given to bridges that are closed
3003to all traffic or that have a load restriction of less than 10
3004tons.
3005     (c)  For local projects that demonstrate capacity
3006improvements in the urban service boundary, urban infill, or
3007urban redevelopment area or provide such capacity replacement to
3008the State Intrastate Highway System, the percentage shall be 65
3009percent.
3010     (6)  The department may administer contracts at the request
3011of a local government selected to receive funding for a project
3012under this section. All projects funded under this section shall
3013be included in the department's work program developed pursuant
3014to s. 339.135.
3015     Section 18.  Subsection (1) and paragraph (c) of subsection
3016(4) of section 339.2818, Florida Statutes, are amended to read:
3017     339.2818  Small County Outreach Program.--
3018     (1)  There is created within the Department of
3019Transportation the Small County Outreach Program. The purpose of
3020this program is to assist small county governments to improve a
3021transportation facility or system which addresses identified
3022concurrency management system backlog and relieves traffic
3023congestion, or to assist in resurfacing or reconstructing county
3024roads or in constructing capacity or safety improvements to
3025county roads.
3026     (4)
3027     (c)  The following criteria shall be used to prioritize
3028road projects for funding under the program:
3029     1.  The primary criterion is the physical condition of the
3030road as measured by the department.
3031     1.2.  As secondary criteria The department may consider:
3032     a.  Whether a road is used as an evacuation route.
3033     b.  Whether a road has high levels of agricultural travel.
3034     c.  Whether a road is considered a major arterial route.
3035     d.  Whether a road is considered a feeder road.
3036     e.  Other criteria related to the impact of a project on
3037the public road system or on the state or local economy as
3038determined by the department.
3039     2.  As secondary criteria, the department may consider the
3040physical condition of the road as measured by the department.
3041     Section 19.  Section 339.55, Florida Statutes, is amended
3042to read:
3043     339.55  State-funded infrastructure bank.--
3044     (1)  There is created within the Department of
3045Transportation a state-funded infrastructure bank for the
3046purpose of providing loans and credit enhancements to government
3047units and private entities for use in constructing and improving
3048transportation facilities.
3049     (2)  The bank may lend capital costs or provide credit
3050enhancements for:
3051     (a)  A transportation facility project that is on the State
3052Highway System or that provides for increased mobility on the
3053state's transportation system or provides intermodal
3054connectivity with airports, seaports, rail facilities, and other
3055transportation terminals, pursuant to s. 341.053, for the
3056movement of people and goods.
3057     (b)  Transportation Incentive Program for a Sustainable
3058Florida projects identified pursuant to s. 339.28171.
3059     (3)  Loans from the bank may be subordinated to senior
3060project debt that has an investment grade rating of "BBB" or
3061higher.
3062     (4)(3)  Loans from the bank may bear interest at or below
3063market interest rates, as determined by the department.
3064Repayment of any loan from the bank shall commence not later
3065than 5 years after the project has been completed or, in the
3066case of a highway project, the facility has opened to traffic,
3067whichever is later, and shall be repaid in no more than 30
3068years.
3069     (5)(4)  Except as provided in s. 339.137, To be eligible
3070for consideration, projects must be consistent, to the maximum
3071extent feasible, with local metropolitan planning organization
3072plans and local government comprehensive plans and must provide
3073a dedicated repayment source to ensure the loan is repaid to the
3074bank.
3075     (6)  Funding awarded for projects under paragraph (2)(b)
3076must be matched by a minimum of 25 percent from funds other than
3077the state-funded infrastructure bank loan.
3078     (7)(5)  The department may consider, but is not limited to,
3079the following criteria for evaluation of projects for assistance
3080from the bank:
3081     (a)  The credit worthiness of the project.
3082     (b)  A demonstration that the project will encourage,
3083enhance, or create economic benefits.
3084     (c)  The likelihood that assistance would enable the
3085project to proceed at an earlier date than would otherwise be
3086possible.
3087     (d)  The extent to which assistance would foster innovative
3088public-private partnerships and attract private debt or equity
3089investment.
3090     (e)  The extent to which the project would use new
3091technologies, including intelligent transportation systems, that
3092would enhance the efficient operation of the project.
3093     (f)  The extent to which the project would maintain or
3094protect the environment.
3095     (g)  A demonstration that the project includes
3096transportation benefits for improving intermodalism, cargo and
3097freight movement, and safety.
3098     (h)  The amount of the proposed assistance as a percentage
3099of the overall project costs with emphasis on local and private
3100participation.
3101     (i)  The extent to which the project will provide for
3102connectivity between the State Highway System and airports,
3103seaports, rail facilities, and other transportation terminals
3104and intermodal options pursuant to s. 341.053 for the increased
3105accessibility and movement of people and goods.
3106     (8)(6)  Loan assistance provided by the bank shall be
3107included in the department's work program developed in
3108accordance with s. 339.135.
3109     (9)(7)  The department is authorized to adopt rules to
3110implement the state-funded infrastructure bank.
3111     Section 20.  Section 373.19615, Florida Statutes, is
3112created to read:
3113     373.19615  Florida's Sustainable Water Supplies Program.--
3114     (1)  There is hereby created "Florida's Sustainable Water
3115Water Supplies Program." The Legislature recognizes that alterna
3116alternative water supply projects are more expensive to develop
3117compared to traditional water supply projects. As Florida's
3118population continues to grow, the need for alternative water
3119supplies is also growing as our groundwater supplies in portions
3120of the state are decreasing. Beginning in fiscal year 2005-2006,
3121the state shall annually appropriate $100 million for the
3122purpose of providing funding assistance to local governments for
3123the development of alternative water supply projects. At the
3124beginning of each fiscal year, beginning with fiscal year 2005-
31252006, such revenues shall be distributed to the Department of
3126Environmental Protection. The department shall then distribute
3127the revenues into alternative water supply accounts created by
3128the department for each district for the purpose of alternative
3129water supply development under the following funding formula:
3130     1.  Forty percent to the South Florida Water Management
3131District.
3132     2.  Twenty-five percent to the Southwest Florida Water
3133Management District.
3134     3.  Twenty-five percent to the St. Johns River Water
3135Management District.
3136     4.  Five percent to the Suwannee River Water Management
3137District.
3138     5.  Five percent to the Northwest Florida Water Management
3139District.
3140     (2)  For the purposes of this section, the following
3141definitions shall apply:
3142     (a)  "Alternative water supplies" includes saltwater;
3143brackish surface and groundwater; surface water captured
3144predominantly during wet-weather flows; sources made available
3145through the addition of new storage capacity for surface or
3146groundwater; water that has been reclaimed after one or more
3147public supply, municipal, industrial, commercial, or
3148agricultural uses; stormwater; and any other water supply source
3149that is designated as non-traditional for a water supply
3150planning region in the applicable regional water supply plan
3151developed under s. 373.0361.
3152     (b)  "Capital costs" means planning, design, engineering,
3153and project construction costs.
3154     (c)  "Local government" means any municipality, county,
3155special district, regional water supply authority, or
3156multijurisdictional entity, or an agency thereof, or a
3157combination of two or more of the foregoing acting jointly with
3158an alternative water supply project.
3159     (3)  To be eligible for assistance in funding capital costs
3160of alternative water supply projects under this program, the
3161water management district governing board must select those
3162alternative water supply projects that will receive financial
3163assistance. The water management district governing board shall
3164establish factors to determine project funding.
3165     (a)  Significant weight shall be given to the following
3166factors:
3167     1.  Whether the project provides substantial environmental
3168benefits by preventing or limiting adverse water resource
3169impacts.
3170     2.  Whether the project reduces competition for water
3171supplies.
3172     3.  Whether the project brings about replacement of
3173traditional sources in order to help implement a minimum flow or
3174level or a reservation.
3175     4.  Whether the project will be implemented by a
3176consumptive use permittee that has achieved the targets
3177contained in a goal-based water conservation program approved
3178pursuant to s. 373.227.
3179     5.  The quantity of water supplied by the project as
3180compared to its cost.
3181     6.  Projects in which the construction and delivery to end
3182users of reuse water are major components.
3183     7.  Whether the project will be implemented by a
3184multijurisdictional water supply entity or regional water supply
3185authority.
3186     (b)  Additional factors to be considered in determining
3187project funding shall include:
3188     1.  Whether the project is part of a plan to implement two
3189or more alternative water supply projects, all of which will be
3190operated to produce water at a uniform rate for the participants
3191in a multijurisdictional water supply entity or regional water
3192supply authority.
3193     2.  The percentage of project costs to be funded by the
3194water supplier or water user.
3195     3.  Whether the project proposal includes sufficient
3196preliminary planning and engineering to demonstrate that the
3197project can reasonably be implemented within the timeframes
3198provided in the regional water supply plan.
3199     4.  Whether the project is a subsequent phase of an
3200alternative water supply project underway.
3201     5.  Whether and in what percentage a local government or
3202local government utility is transferring water supply system
3203revenues to the local government general fund in excess of
3204reimbursements for services received from the general fund
3205including direct and indirect costs and legitimate payments in
3206lieu of taxes.
3207     (4)(a)  All projects submitted to the governing board for
3208consideration shall reflect the total cost for implementation.
3209The costs shall be segregated pursuant to the categories
3210described in the definition of capital costs.
3211     (b)  Applicants for projects that receive funding
3212assistance pursuant to this section shall be required to pay 33
32131/3 percent of the project's total capital costs.
3214     (c)  The water management district shall be required to pay
321533 1/3 percent of the project's total capital costs.
3216     (5)  After conducting one or more meetings to solicit
3217public input on eligible projects for implementation of
3218alternative water supply projects, the governing board of each
3219water management district shall select projects for funding
3220assistance based upon the above criteria. The governing board
3221may select a project identified or listed as an alternative
3222water supply development project in the regional water supply
3223plan, or may select an alternative water supply projects not
3224identified or listed in the regional water supply plan but which
3225are consistent with the goals of the plans.
3226     (6)  Once an alternative water supply project is selected
3227by the governing board, the applicant and the water management
3228district must, in writing, each commit to a financial
3229contribution of 33 1/3 percent of the project's total capital
3230costs. The water management district shall then submit a request
3231for distribution of revenues held by the department in the
3232district's alternative water supply account. The request must
3233include the amount of current and projected water demands within
3234the water management district, the additional water made
3235available by the project, the date the water will be made
3236available, and the applicant's and water management district's
3237district's financial commitment for the alternative water
3238supply project. The department shall establish factors to
3239determine whether state financial assistance for an alternative
3240water supply project shall be granted. Upon receipt of a request
3241from a water management district, the department shall determine
3242whether the alternative water supply project meets the
3243department's criteria for financial assistance. The department
3244shall establish factors to determine whether state financial
3245assistance for an alternative water supply project shall be
3246granted.
3247     (a)  Significant weight shall be given to the following
3248factors:
3249     1.  Whether the project provides substantial environmental
3250benefits by preventing or limiting adverse water resource
3251impacts.
3252     2.  Whether the project reduces competition for water
3253supplies.
3254     3.  Whether the project brings about replacement of
3255traditional sources in order to help implement a minimum flow or
3256level or a reservation.
3257     4.  Whether the project will be implemented by a
3258consumptive use permittee that has achieved the targets
3259contained in a goal-based water conservation program approved
3260pursuant to s. 373.227.
3261     5.  The quantity of water supplied by the project as
3262compared to its cost.
3263     6.  Projects in which the construction and delivery to end
3264users of reuse water are major components.
3265     7.  Whether the project will be implemented by a
3266multijurisdictional water supply entity or regional water supply
3267authority.
3268     (b)  Additional factors to be considered in determining
3269project funding shall include:
3270     1.  Whether the project is part of a plan to implement two
3271or more alternative water supply projects, all of which will be
3272operated to produce water at a uniform rate for the participants
3273in a multijurisdictional water supply entity or regional water
3274supply authority.
3275     2.  The percentage of project costs to be funded by the
3276water supplier or water user.
3277     3.  Whether the project proposal includes sufficient
3278preliminary planning and engineering to demonstrate that the
3279project can reasonably be implemented within the timeframes
3280provided in the regional water supply plan.
3281     4.  Whether the project is a subsequent phase of an
3282alternative water supply project underway.
3283     5.  Whether and in what percentage a local government or
3284local government utility is transferring water supply system
3285revenues to the local government general fund in excess of
3286reimbursements for services received from the general fund
3287including direct and indirect costs and legitimate payments in
3288lieu of taxes.
3289
3290If the department determines that the project should receive
3291financial assistance, the department shall distribute to the
3292water management district 33 1/3 percent of the total capital
3293costs from the district's alternative water supply account.
3294     Section 21.  Section 373.19616, Florida Statutes, is
3295created to read:
3296     373.19616  Water Transition Assistance Program.--
3297     (1)  The Legislature recognizes that as a result of
3298Florida's increasing population, there are limited ground water
3299resources in some portions of the state to serve increased water
3300quantities demands. As a result, a transition from ground water
3301supply to more expensive alternative water supply is necessary.
3302The purpose of this section is to assist local governments by
3303establishing a low-interest revolving loan program for
3304infrastructure financing for alternative water supplies.
3305     (2)  For purposes of this section, the term:
3306     (a)  "Alternative water supplies" has the same meaning as
3307provided in s. 373.19615(2).
3308     (b)  "Local government" has the same meaning as provided in
3309s. 373.19615(2).
3310     (3)  The Department of Environmental Protection is
3311authorized to make loans to local governments to assist them in
3312planning, designing, and constructing alternative water supply
3313projects. The department may provide loan guarantees, purchase
3314loan insurance, and refinance local debt through issue of new
3315loans for alternative water supply projects approved by the
3316department. Local governments may borrow funds made available
3317pursuant to this section and may pledge any revenues or other
3318adequate security available to them to repay any funds borrowed.
3319     (4)  The term of loans made pursuant to this section shall
3320not exceed 30 years. The interest rate on such loans shall be no
3321greater than that paid on the last bonds sold pursuant to s. 14,
3322Art. VII of the State Constitution.
3323     (5)  In order to ensure that public moneys are managed in
3324an equitable and prudent manner, the total amount of money
3325loaned to any local government during a fiscal year shall be no
3326more than 25 percent of the total funds available for making
3327loans during that year. The minimum amount of a loan shall be
3328$75,000.
3329     (6)  The department may adopt rules that:
3330     (a)  Set forth a priority system for loans based on factors
3331provided for in s. 373.19615(6)(a) and (b).
3332     (b)  Establish the requirements for the award and repayment
3333of financial assistance.
3334     (c)  Require adequate security to ensure that each loan
3335recipient can meet its loan payment requirements.
3336     (d)  Establish, at the department's discretion, a specific
3337percentage of funding, not to exceed 20 percent, for financially
3338disadvantaged communities for the development of alternative
3339water supply projects. The department shall include within the
3340rule a definition of the term "financially disadvantaged
3341community," and the criteria for determining whether the project
3342serves a financially disadvantaged community. Such criteria
3343shall be based on the median household income of the service
3344population or other reliably documented measures of
3345disadvantaged status.
3346     (e)  Require each project receiving financial assistance to
3347be cost-effective, environmentally sound, implementable, and
3348self-supporting.
3349     (7)  The department shall prepare a report at the end of
3350each fiscal year detailing the financial assistance provided
3351under this section and outstanding loans.
3352     (8)  Prior to approval of a loan, the local government
3353shall, at a minimum:
3354     (a)  Provide a repayment schedule.
3355     (b)  Submit evidence of the ability of the project proposed
3356for financial assistance to be permitted and implemented.
3357     (c)  Submit plans and specifications, biddable contract
3358documents, or other documentation of appropriate procurement of
3359goods and services.
3360     (d)  Provide assurance that records will be kept using
3361generally accepted accounting principles and that the department
3362or its agent and the Auditor General will have access to all
3363records pertaining to the loan.
3364     (9)  The department may conduct an audit of the loan
3365project upon completion or may require that a separate project
3366audit, prepared by an independent certified public accountant,
3367be submitted.
3368     (10)  The department may require reasonable service fees on
3369loans made to local governments to ensure that the program will
3370be operated in perpetuity and to implement the purposes
3371authorized under this section. Service fees shall not be more
3372than 4 percent of the loan amount exclusive of the service fee.
3373The fee revenues, and interest earnings thereon, shall be used
3374exclusively to carry out the purposes of this section.
3375     (11)  All moneys available for financial assistance under
3376this section shall be appropriated to the department exclusively
3377to carry out this program. The principal and interest of all
3378loans repaid and interest shall be used exclusively to carry out
3379this section.
3380     (12)(a)  If a local government agency defaults under the
3381terms of its loan agreement, the department shall certify the
3382default to the Chief Financial Officer, shall forward the
3383delinquent amount to the department from any unobligated funds
3384due to the local government agency under any revenue-sharing or
3385tax-sharing fund established by the state, except as otherwise
3386provided by the State Constitution. Certification of delinquency
3387shall not limit the department from pursuing other remedies
3388available for default on a loan, including accelerating loan
3389repayments, eliminating all or part of the interest rate subsidy
3390on the loan, and court appointment of a receiver to manage
3391alternative water supply project.
3392     (b)  The department may impose penalty for delinquent local
3393payments in the amount of 6 percent of the amount due, in
3394addition to charging the cost to handle and process the debt.
3395Penalty interest shall accrue on any amount due and payable
3396beginning on the 30th day following the date upon which payment
3397is due.
3398     (13)  The department may terminate or rescind a financial
3399assistance agreement when the local government fails to comply
3400with the terms and conditions of the agreement.
3401     Section 22.  Paragraphs (l) and (m) are added to subsection
3402(24) of section 380.06, Florida Statutes, to read:
3403     380.06  Developments of regional impact.--
3404     (24)  STATUTORY EXEMPTIONS.--
3405     (l)  Any proposed development or redevelopment within an
3406area designated for:
3407     1.  Urban infill development as designated in the
3408comprehensive plan;
3409     2.  Urban redevelopment as designated in the comprehensive
3410plan;
3411     3.  Downtown revitalization as designated in the
3412comprehensive plan; or
3413     4.  Urban infill and redevelopment under s. 163.2517 as
3414designated in the comprehensive plan,
3415
3416is exempt from the provisions of this section. However, a
3417municipality with a population of 7,500 or fewer may elect, upon
3418adoption of an ordinance, to not have this exemption apply
3419within its boundaries. A copy of such ordinance shall be
3420transmitted to the state land planning agency and the applicable
3421regional planning council.
3422     (m)  Any proposed development within a rural land
3423stewardship area created pursuant to s. 163.3177(11)(d) is
3424exempt from the provisions of this section.
3425     Section 23.  Section 380.115, Florida Statutes, is amended
3426to read:
3427     380.115  Vested rights and duties; effect of size
3428reduction; changes in guidelines and standards chs. 2002-20 and
34292002-296.--
3430     (1)  A change in a development of regional impact guideline
3431or standard does not abridge or modify Nothing contained in this
3432act abridges or modifies any vested or other right or any duty
3433or obligation pursuant to any development order or agreement
3434that is applicable to a development of regional impact on the
3435effective date of this act. A development that has received a
3436development-of-regional-impact development order pursuant to s.
3437380.06, but would is no longer be required to undergo
3438development-of-regional-impact review by operation of a change
3439in the guidelines and standards or has reduced its size below
3440the thresholds in s. 380.0651 this act, shall be governed by the
3441following procedures:
3442     (a)  The development shall continue to be governed by the
3443development-of-regional-impact development order and may be
3444completed in reliance upon and pursuant to the development order
3445unless the developer or landowner has followed the procedures
3446for rescission in paragraph (b). The development-of-regional-
3447impact development order may be enforced by the local government
3448as provided by ss. 380.06(17) and 380.11.
3449     (b)  If requested by the developer or landowner, the
3450development-of-regional-impact development order shall may be
3451rescinded by the local government with jurisdiction upon a
3452showing by clear and convincing evidence that all required
3453mitigation relating to the amount of development existing on the
3454date of rescission has been completed abandoned pursuant to the
3455process in s. 380.06(26).
3456     (2)  A development with an application for development
3457approval pending, and determined sufficient pursuant to s.
3458380.06(10), on the effective date of a change to the guidelines
3459and standards this act, or a notification of proposed change
3460pending on the effective date of a change to the guidelines and
3461standards this act, may elect to continue such review pursuant
3462to s. 380.06. At the conclusion of the pending review, including
3463any appeals pursuant to s. 380.07, the resulting development
3464order shall be governed by the provisions of subsection (1).
3465     Section 24.  The Office of Program Policy Analysis and
3466Government Accountability shall conduct a study on adjustments
3467to the boundaries of regional planning councils, water
3468management districts, and transportation districts. The purpose
3469of the study is to organize these regional boundaries, without
3470eliminating any regional agency, to be more coterminous with one
3471another, creating a more unified system of regional boundaries.
3472The study must be completed by December 31, 2005, and a study
3473report submitted to the President of the Senate, the Speaker of
3474the House of Representatives, and the Governor and the Century
3475Commission for a Sustainable Florida by January 15, 2006.
3476     Section 25.  Subsections (2), (3), (6), and (12) of section
34771013.33, Florida Statutes, are amended to read:
3478     1013.33  Coordination of planning with local governing
3479bodies.--
3480     (2)(a)  The school board, county, and nonexempt
3481municipalities located within the geographic area of a school
3482district shall enter into an interlocal agreement that jointly
3483establishes the specific ways in which the plans and processes
3484of the district school board and the local governments are to be
3485coordinated. Any updated The interlocal agreements and
3486amendments to such agreements shall be submitted to the state
3487land planning agency and the Office of Educational Facilities
3488and the SMART Schools Clearinghouse in accordance with a
3489schedule published by the state land planning agency pursuant to
3490s. 163.3177(12)(h).
3491     (b)  The schedule must establish staggered due dates for
3492submission of interlocal agreements that are executed by both
3493the local government and district school board, commencing on
3494March 1, 2003, and concluding by December 1, 2004, and must set
3495the same date for all governmental entities within a school
3496district. However, if the county where the school district is
3497located contains more than 20 municipalities, the state land
3498planning agency may establish staggered due dates for the
3499submission of interlocal agreements by these municipalities. The
3500schedule must begin with those areas where both the number of
3501districtwide capital-outlay full-time-equivalent students equals
350280 percent or more of the current year's school capacity and the
3503projected 5-year student growth rate is 1,000 or greater, or
3504where the projected 5-year student growth rate is 10 percent or
3505greater.
3506     (b)(c)  If the student population has declined over the 5-
3507year period preceding the due date for submittal of an
3508interlocal agreement by the local government and the district
3509school board, the local government and district school board may
3510petition the state land planning agency for a waiver of one or
3511more of the requirements of subsection (3). The waiver must be
3512granted if the procedures called for in subsection (3) are
3513unnecessary because of the school district's declining school
3514age population, considering the district's 5-year work program
3515prepared pursuant to s. 1013.35. The state land planning agency
3516may modify or revoke the waiver upon a finding that the
3517conditions upon which the waiver was granted no longer exist.
3518The district school board and local governments must submit an
3519interlocal agreement within 1 year after notification by the
3520state land planning agency that the conditions for a waiver no
3521longer exist.
3522     (c)(d)  Interlocal agreements between local governments and
3523district school boards adopted pursuant to s. 163.3177 before
3524the effective date of subsections (2)-(9) must be updated and
3525executed pursuant to the requirements of subsections (2)-(9), if
3526necessary. Amendments to interlocal agreements adopted pursuant
3527to subsections (2)-(9) must be submitted to the state land
3528planning agency within 30 days after execution by the parties
3529for review consistent with subsections (3) and (4). Local
3530governments and the district school board in each school
3531district are encouraged to adopt a single updated interlocal
3532agreement in which all join as parties. The state land planning
3533agency shall assemble and make available model interlocal
3534agreements meeting the requirements of subsections (2)-(9) and
3535shall notify local governments and, jointly with the Department
3536of Education, the district school boards of the requirements of
3537subsections (2)-(9), the dates for compliance, and the sanctions
3538for noncompliance. The state land planning agency shall be
3539available to informally review proposed interlocal agreements.
3540If the state land planning agency has not received a proposed
3541interlocal agreement for informal review, the state land
3542planning agency shall, at least 60 days before the deadline for
3543submission of the executed agreement, renotify the local
3544government and the district school board of the upcoming
3545deadline and the potential for sanctions.
3546     (3)  At a minimum, The interlocal agreement must address
3547the following issues required in s. 163.31777.:
3548     (a)  A process by which each local government and the
3549district school board agree and base their plans on consistent
3550projections of the amount, type, and distribution of population
3551growth and student enrollment. The geographic distribution of
3552jurisdiction-wide growth forecasts is a major objective of the
3553process.
3554     (b)  A process to coordinate and share information relating
3555to existing and planned public school facilities, including
3556school renovations and closures, and local government plans for
3557development and redevelopment.
3558     (c)  Participation by affected local governments with the
3559district school board in the process of evaluating potential
3560school closures, significant renovations to existing schools,
3561and new school site selection before land acquisition. Local
3562governments shall advise the district school board as to the
3563consistency of the proposed closure, renovation, or new site
3564with the local comprehensive plan, including appropriate
3565circumstances and criteria under which a district school board
3566may request an amendment to the comprehensive plan for school
3567siting.
3568     (d)  A process for determining the need for and timing of
3569onsite and offsite improvements to support new construction,
3570proposed expansion, or redevelopment of existing schools. The
3571process shall address identification of the party or parties
3572responsible for the improvements.
3573     (e)  A process for the school board to inform the local
3574government regarding school capacity. The capacity reporting
3575must be consistent with laws and rules regarding measurement of
3576school facility capacity and must also identify how the district
3577school board will meet the public school demand based on the
3578facilities work program adopted pursuant to s. 1013.35.
3579     (f)  Participation of the local governments in the
3580preparation of the annual update to the school board's 5-year
3581district facilities work program and educational plant survey
3582prepared pursuant to s. 1013.35.
3583     (g)  A process for determining where and how joint use of
3584either school board or local government facilities can be shared
3585for mutual benefit and efficiency.
3586     (h)  A procedure for the resolution of disputes between the
3587district school board and local governments, which may include
3588the dispute resolution processes contained in chapters 164 and
3589186.
3590     (i)  An oversight process, including an opportunity for
3591public participation, for the implementation of the interlocal
3592agreement.
3593
3594A signatory to the interlocal agreement may elect not to include
3595a provision meeting the requirements of paragraph (e); however,
3596such a decision may be made only after a public hearing on such
3597election, which may include the public hearing in which a
3598district school board or a local government adopts the
3599interlocal agreement. An interlocal agreement entered into
3600pursuant to this section must be consistent with the adopted
3601comprehensive plan and land development regulations of any local
3602government that is a signatory.
3603     (6)  Any local government transmitting a public school
3604element to implement school concurrency pursuant to the
3605requirements of s. 163.3180 before July 1, 2005, the effective
3606date of this section is not required to amend the element or any
3607interlocal agreement to conform with the provisions of
3608subsections (2)-(8) if the element is adopted prior to or within
36091 year after the effective date of subsections (2)-(8) and
3610remains in effect.
3611     (12)  As early in the design phase as feasible and
3612consistent with an interlocal agreement entered pursuant to
3613subsections (2)-(8), but no later than 120 90 days before
3614commencing construction, the district school board shall in
3615writing request a determination of consistency with the local
3616government's comprehensive plan. The local governing body that
3617regulates the use of land shall determine, in writing within 45
3618days after receiving the necessary information and a school
3619board's request for a determination, whether a proposed
3620educational facility is consistent with the local comprehensive
3621plan and consistent with local land development regulations. If
3622the determination is affirmative, school construction may
3623commence and further local government approvals are not
3624required, except as provided in this section. Failure of the
3625local governing body to make a determination in writing within
362690 days after a district school board's request for a
3627determination of consistency shall be considered an approval of
3628the district school board's application. Campus master plans and
3629development agreements must comply with the provisions of ss.
36301013.30 and 1013.63.
3631     Section 26.  Section 1013.352, Florida Statutes, is created
3632to read:
3633     1013.352  Charter School Incentive Program for Sustainable
3634Schools.--
3635     (1)  There is hereby created the "Charter School Incentive
3636Program for Sustainable Schools." Recognizing that there is an
3637increasing deficit in educational facilities in this state, the
3638Legislature believes that there is a need for creativeness in
3639planning and development of additional educational facilities.
3640To assist with the development of educational facilities, those
3641charter schools whose charters are approved within 18 months
3642after the effective date of this act shall be eligible for state
3643funds under the following conditions:
3644     (a)  The charter school is created to address school over-
3645capacity issues or growth demands within the county.
3646     (b)  A joint letter from the district school board and the
3647charter school has been submitted with the proposed charter
3648school charter that provides that the school board authorized
3649the charter school as a result of school overcrowding or growth
3650demands within the county and the school board requests that the
3651requirement of s. 1013.62(1)(a)1. are waived.
3652     (c)  The charter school has received an in-kind
3653contribution or equivalent from an outside source other than the
3654district school board that has been, at a minimum, equally
3655matched by the district school board.
3656
3657Notwithstanding s. 1013.62(7), if the above conditions apply,
3658the Commissioner of Education, in consultation with the
3659Department of Community Affairs shall distribute up to $3
3660million per charter school based upon the amount of the in-kind
3661contribution or functional equivalent from an outside source
3662that has been matched by the district school board or the
3663contribution or functional equivalent by the district school
3664board, whichever amount is greater, up to $3 million. Under no
3665conditions may the Commissioner of Education distribute funds to
3666a newly chartered charter school that has not received an in-
3667kind contribution or equivalent from an outside source other
3668than the district school board and which has not been, at a
3669minimum, equally matched by the district school board.
3670     (2)  A newly created charter school that receives
3671distribution of funds under this program shall not be eligible
3672for charter schools outlay funding under s. 1013.62.
3673     Section 27.  Subsection (2) of section 1013.64, Florida
3674Statutes, is amended to read:
3675     1013.64  Funds for comprehensive educational plant needs;
3676construction cost maximums for school district capital
3677projects.--Allocations from the Public Education Capital Outlay
3678and Debt Service Trust Fund to the various boards for capital
3679outlay projects shall be determined as follows:
3680     (2)(a)  The department shall establish, as a part of the
3681Public Education Capital Outlay and Debt Service Trust Fund, a
3682separate account, in an amount determined by the Legislature, to
3683be known as the "Special Facility Construction Account." The
3684Special Facility Construction Account shall be used to provide
3685necessary construction funds to school districts which have
3686urgent construction needs but which lack sufficient resources at
3687present, and cannot reasonably anticipate sufficient resources
3688within the period of the next 3 years, for these purposes from
3689currently authorized sources of capital outlay revenue. A school
3690district requesting funding from the Special Facility
3691Construction Account shall submit one specific construction
3692project, not to exceed one complete educational plant, to the
3693Special Facility Construction Committee. No district shall
3694receive funding for more than one approved project in any 3-year
3695period. The first year of the 3-year period shall be the first
3696year a district receives an appropriation. The department shall
3697encourage a construction program that reduces the average size
3698of schools in the district. The request must meet the following
3699criteria to be considered by the committee:
3700     1.  The project must be deemed a critical need and must be
3701recommended for funding by the Special Facility Construction
3702Committee. Prior to developing plans for the proposed facility,
3703the district school board must request a preapplication review
3704by the Special Facility Construction Committee or a project
3705review subcommittee convened by the committee to include two
3706representatives of the department and two staff from school
3707districts not eligible to participate in the program. Within 60
3708days after receiving the preapplication review request, the
3709committee or subcommittee must meet in the school district to
3710review the project proposal and existing facilities. To
3711determine whether the proposed project is a critical need, the
3712committee or subcommittee shall consider, at a minimum, the
3713capacity of all existing facilities within the district as
3714determined by the Florida Inventory of School Houses; the
3715district's pattern of student growth; the district's existing
3716and projected capital outlay full-time equivalent student
3717enrollment as determined by the department; the district's
3718existing satisfactory student stations; the use of all existing
3719district property and facilities; grade level configurations;
3720and any other information that may affect the need for the
3721proposed project.
3722     2.  The construction project must be recommended in the
3723most recent survey or surveys by the district under the rules of
3724the State Board of Education.
3725     3.  The construction project must appear on the district's
3726approved project priority list under the rules of the State
3727Board of Education.
3728     4.  The district must have selected and had approved a site
3729for the construction project in compliance with s. 1013.36 and
3730the rules of the State Board of Education.
3731     5.  The district shall have developed a district school
3732board adopted list of facilities that do not exceed the norm for
3733net square feet occupancy requirements under the State
3734Requirements for Educational Facilities, using all possible
3735programmatic combinations for multiple use of space to obtain
3736maximum daily use of all spaces within the facility under
3737consideration.
3738     6.  Upon construction, the total cost per student station,
3739including change orders, must not exceed the cost per student
3740station as provided in subsection (6).
3741     7.  There shall be an agreement signed by the district
3742school board stating that it will advertise for bids within 30
3743days of receipt of its encumbrance authorization from the
3744department.
3745     8.  The district shall, at the time of the request and for
3746a continuing period of 3 years, levy the maximum millage against
3747their nonexempt assessed property value as allowed in s.
37481011.71(2) or shall raise an equivalent amount of revenue from
3749the school capital outlay surtax authorized under s. 212.055(6).
3750Any district with a new or active project, funded under the
3751provisions of this subsection, shall be required to budget no
3752more than the value of 1.5 mills per year to the project to
3753satisfy the annual participation requirement in the Special
3754Facility Construction Account.
3755     9.  If a contract has not been signed 90 days after the
3756advertising of bids, the funding for the specific project shall
3757revert to the Special Facility New Construction Account to be
3758reallocated to other projects on the list. However, an
3759additional 90 days may be granted by the commissioner.
3760     10.  The department shall certify the inability of the
3761district to fund the survey-recommended project over a
3762continuous 3-year period using projected capital outlay revenue
3763derived from s. 9(d), Art. XII of the State Constitution, as
3764amended, paragraph (3)(a) of this section, and s. 1011.71(2).
3765     11.  The district shall have on file with the department an
3766adopted resolution acknowledging its 3-year commitment of all
3767unencumbered and future revenue acquired from s. 9(d), Art. XII
3768of the State Constitution, as amended, paragraph (3)(a) of this
3769section, and s. 1011.71(2).
3770     12.  Final phase III plans must be certified by the board
3771as complete and in compliance with the building and life safety
3772codes prior to August 1.
3773     (b)  The department shall establish, as a part of the
3774Public Education Capital Outlay and Debt Service Trust Fund, a
3775separate account, in an amount determined by the Legislature, to
3776be known as the "High Growth County Facility Construction
3777Account." The account shall be used to provide necessary
3778construction funds to high growth school districts which have
3779urgent construction needs, but which lack sufficient resources
3780at present and cannot reasonably anticipate sufficient resources
3781within the period of the next 3 years, for these purposes from
3782currently authorized sources of capital outlay revenue and local
3783sources. A school district requesting funding from the account
3784shall submit one specific construction project, not to exceed
3785one complete educational plant, to the Special Facility
3786Construction Committee. No district shall receive funding for
3787more than one approved project in any 2-year period, provided
3788that any grants received under this paragraph must be fully
3789expended in order for a district to apply for additional funding
3790under this paragraph and all Classrooms First funds have been
3791allocated and expended by the district. The first year of the 2-
3792year period shall be the first year a district receives an
3793appropriation. The request must meet the following criteria to
3794be considered by the committee:
3795     1.  The project must be deemed a critical need and must be
3796recommended for funding by the Special Facility Construction
3797Committee. Prior to developing plans for the proposed facility,
3798the district school board must request a preapplication review
3799by the Special Facility Construction Committee or a project
3800review subcommittee convened by the committee to include two
3801representatives of the department and two staff from school
3802districts not eligible to participate in the program. Within 60
3803days after receiving the preapplication review request, the
3804committee or subcommittee must meet in the school district to
3805review the project proposal and existing facilities. To
3806determine whether the proposed project is a critical need, the
3807committee or subcommittee shall consider, at a minimum, the
3808capacity of all existing facilities within the district as
3809determined by the Florida Inventory of School Houses; the
3810district's pattern of student growth with priority given to
3811those districts that have equaled or exceeded twice the
3812statewide average in growth in capital outlay full-time
3813equivalent students over the previous 4 fiscal years; the
3814district's existing and projected capital outlay full-time
3815equivalent student enrollment as determined by the department
3816with priority given to these districts with 20,000 or more
3817capital outlay full-time equivalent students; the district's
3818existing satisfactory student stations; the use of all existing
3819district property and facilities; grade level configurations;
3820and any other information that may affect the need for the
3821proposed project.
3822     2.  The construction project must be recommended in the
3823most recent survey or surveys by the district under the rules of
3824the State Board of Education.
3825     3.  The construction project includes either a recreational
3826facility or media center that will be jointly used with a local
3827government.
3828     4.  The construction project must appear on the district's
3829approved project priority list under the rules of the State
3830Board of Education.
3831     5.  The district must have selected and had approved a site
3832for the construction project in compliance with the interlocal
3833agreement with the appropriate local government, s. 1013.36, and
3834the rules of the State Board of Education.
3835     6.  The district shall have developed a district school
3836board adopted list of facilities that do not exceed the norm for
3837net square feet occupancy requirements under the state
3838requirements for educational facilities, using all possible
3839programmatic combinations for multiple use of space to obtain
3840maximum daily use of all spaces within the facility under
3841consideration.
3842     7.  Upon construction, the total cost per student station,
3843including change orders, must not exceed the cost per student
3844station as provided in subsection (6).
3845     8.  There shall be an agreement signed by the district
3846school board stating that it will advertise for bids within 30
3847days after receipt of its encumbrance authorization from the
3848department.
3849     9.  If a contract has not been signed 90 days after the
3850advertising of bids, the funding for the specific project shall
3851revert to the Special Facility Construction Account to be
3852reallocated to other projects on the list. However, an
3853additional 90 days may be granted by the commissioner.
3854     10.  Final phase III plans must be certified by the board
3855as complete and in compliance with the building and life safety
3856codes prior to August 1.
3857     (c)(b)  The Special Facility Construction Committee shall
3858be composed of the following: two representatives of the
3859Department of Education, a representative from the Governor's
3860office, a representative selected annually by the district
3861school boards, and a representative selected annually by the
3862superintendents.
3863     (d)(c)  The committee shall review the requests submitted
3864from the districts, evaluate the ability of the project to
3865relieve critical needs, and rank the requests in priority order.
3866This statewide priority list for special facilities construction
3867shall be submitted to the Legislature in the commissioner's
3868annual capital outlay legislative budget request at least 45
3869days prior to the legislative session. For the initial year of
3870the funding of the program outlined in paragraph (b), the
3871Special Facility Construction Committee shall authorize the
3872disbursement of funds appropriated by the Legislature for the
3873purposes of the program funded by the High Growth County
3874Facility Construction Account created in paragraph (b).
3875     Section 28.  School Concurrency Task Force.-
3876     (1)  The School Concurrency Task Force is created to review
3877the requirements for school concurrency in law and make
3878recommendations regarding streamlining the process and
3879procedures for establishing school concurrency. The task force
3880shall also examine the methodology and processes used for the
3881funding of construction of public schools and make
3882recommendations on revisions to provisions of law and rules
3883which will help ensure that schools are built and available when
3884the expected demands of growth produce the need for new school
3885facilities.
3886     (2)  The task force shall be composed of 11 members. The
3887membership must represent local governments, school boards,
3888developers and homebuilders, the business community, and other
3889appropriate stakeholders. The task force shall include two
3890members appointed by the Governor, two members appointed by the
3891President of the Senate, two members appointed by the Speaker of
3892the House of Representatives, one member appointed by the
3893Florida School Boards Association, one member appointed by the
3894Florida Association of Counties, and one member appointed by the
3895Florida League of Cities. The Secretary of the Department of
3896Community Affairs, or a senior management designee, and the
3897Commissioner of Education, or a senior management designee,
3898shall also be ex officio nonvoting members on the task force.
3899     (3)  The task force shall report to the Governor, the
3900President of the Senate, and the Speaker of the House of
3901Representatives no later than December 1, 2005, with specific
3902recommendations for revisions to provisions of law and rules.
3903     Section 29.  Section 163.31776, Florida Statutes, is
3904repealed.
3905     Section 30.  Beginning in fiscal year 2005-2006, the
3906Department of Transportation shall allocate sufficient funds to
3907implement the transportation provisions of the Sustainable
3908Florida Act of 2005. The department shall develop a plan to
3909expend these revenues and amend the current tentative work
3910program for the time period 2005-2006. In addition, prior to
3911work program adoption, the department shall submit a budget
3912amendment pursuant to s. 339.135(7), Florida Statutes. The
3913department shall provide a report to the President of the Senate
3914and the Speaker of the House of Representative by February 1,
39152006, identifying the program adjustments it has made consistent
3916with the provisions of the Sustainable Florida Transportation
3917Program.
3918     Section 31.  Beginning July 1, 2005 and in quarterly
3919installments from the General Revenue Fund, $368,250,000 shall
3920be transferred to the State Transportation Trust Fund from non-
3921recurring funds and $566,750,000 shall be transferred to the
3922State Transportation Trust Fund from recurring funds.
3923     (1)  From the State Transportation Trust Fund the following
3924appropriations are made from non-recurring funds in fiscal year
39252005-2006:
3926     (a)  The sum of $268,250,000 shall be for the
3927Transportation Incentive Grant Program for a Sustainable Florida
3928as specified in s.339.28171, Florida Statutes.
3929     (b)  The sum of $100,000,000 shall be to the State
3930Infrastructure Bank as specified in s. 339.55, Florida Statutes.
3931     (2)  From the State Transportation Trust Fund, the
3932following appropriations are made from recurring funds for
3933Fiscal Year 2005-2006:
3934     (a)  The sum of $35,000,000 shall be for the Small County
3935Outreach Program as specified in s.339.2818, Florida Statutes.
3936     (b)  The sum of $50,000,000 shall be for the New Starts
3937Transit Program for the purposes specified in 49 U.S.C. 5309,
3938and administered pursuant to the provisions of s. 341.051,
3939Florida Statutes.
3940     (c)  The sum of $400,000,000 shall be for the Strategic
3941Intermodal System as specified in ss. 339.61-339.64, Florida
3942Statutes.
3943     (d)  The sum of $81,250,000 shall be for the Transportation
3944Incentive Grant Program for a Sustainable Florida as specified
3945in s. 339.28171, Florida Statutes.
3946     Section 32.  Funding for Sustainable Water
3947Supplies.--Effective July 1, 2005, the sum of $100 million from
3948recurring general revenue for distribution pursuant to s.
3949373.19615, Florida Statutes. The sum of $50 million from
3950nonrecurring general revenue is appropriated to the Department
3951of Environmental Protection for distribution pursuant to s.
3952373.19616, Florida Statutes.
3953     Section 33.  Funding for Sustainable Schools.--In order to
3954provide for innovative approaches to meet school capacity
3955demands, effective July 1, 2005, the sum of $50 million is
3956appropriated from recurring general revenue to the Department of
3957Education to be used as follows:
3958     (1)  The sum of $35 million from recurring general revenue
3959shall be used for the Charter School Incentive Program for
3960Sustainable Schools created pursuant to section 1013.352,
3961Florida Statutes.
3962     (2)  The sum of $15 million from recurring general revenue
3963shall be used for educational facilities benefit districts as
3964provided in s. 1013.356(3), Florida Statutes, as follows: for
3965construction and capital maintenance costs not covered by the
3966funds provided under s. 1013.356(1), Florida Statutes, in fiscal
3967year 2005-2006, an amount contributed by the state equal to 25
3968percent of the remaining costs of construction and capital
3969maintenance of the educational facilities, up to $2 million. Any
3970construction costs above the cost-per-student criteria
3971established for the SIT Program in s. 1013.72(2), Florida
3972Statutes, shall be funded exclusively by the educational
3973facilities benefit district or the community development
3974district. Funds contributed by a district school board shall not
3975be used to fund operational costs. Funds not committed by March
397631, 2006, revert to the Charter School Incentive Program for
3977Sustainable Schools created pursuant to s. 1013.352, Florida
3978Statutes.
3979     Section 34.  (1)  Effective July 1, 2005, the sum of
3980$85,618,291 is appropriated from nonrecurring general revenue
3981for the Classrooms for Kids Program pursuant to s. 1013.735,
3982Florida Statutes.
3983     (2)  Effective July 1 2005, the sum of $246,131,709 is
3984appropriated from nonrecurring general revenue to assist school
3985districts in meeting the school concurrency provisions under
3986this act. Such funds shall be distributed to school districts
3987under the formula pursuant to s. 1013.735(1), Florida Statutes
3988     Section 35.  Statewide Technical Assistance for a
3989Sustainable Florida.--In order to assist local governments and
3990school boards to implement the provisions of this act, effective
3991July 1, 2005, the sum of $3 million is appropriated from
3992recurring general revenue to the Department of Community
3993Affairs. The department shall provide a report to the Governor,
3994the President of the Senate, and the Speaker of the House of
3995Representatives by February 1, 2006, on the progress made toward
3996implementing this act and a recommendation of whether additional
3997funds should be appropriated to provide additional technical
3998assistance to implement this act.
3999     Section 36.  Effective July 1, 2005, the sum of $250,000 is
4000appropriated from recurring general revenue to the Department of
4001Community Affairs to provide the necessary staff and other
4002assistance to the Century Commission for a Sustainable Florida
4003required by section 11.
4004     Section 37.  This act shall take effect July 1, 2005.
4005
4006================= T I T L E  A M E N D M E N T =================
4007     Remove the entire title and insert:
4008
A bill to be entitled
4009An act relating to growth management incentives; providing
4010a popular name; amending s. 163.3164, F.S.; revising a
4011definition to conform; defining the term "financial
4012feasibility"; creating s. 163.3172, F.S.; providing
4013legislative determinations; limiting the effect of certain
4014charter county charter provisions, ordinances, or land
4015development regulations relating to urban infill and
4016redevelopment under certain circumstances; requiring a
4017referendum; providing referendum requirements; amending s.
4018163.3177, F.S.; revising criteria for the capital
4019improvements element of comprehensive plans; providing for
4020subjecting certain local governments to sanctions by the
4021Administration Commission under certain circumstances;
4022deleting obsolete provisions; requiring local governments
4023to adopt a transportation concurrency management system by
4024ordinance; requiring inclusion of alternative water supply
4025projects; providing a methodology requirement; requiring
4026the Department of Transportation to develop a model
4027transportation concurrency management ordinance;
4028specifying ordinance assessment authority; providing
4029additional requirements for a general water element of
4030comprehensive plans; revising public educational
4031facilities element requirements; revising requirements for
4032rural land stewardship areas; exempting rural land
4033stewardship areas from developments of regional impact
4034provisions; requiring counties and municipalities to adopt
4035consistent public school facilities and enter into certain
4036interlocal agreements; authorizing the state land planning
4037agency to grant waivers under certain circumstances;
4038providing additional requirements for public school
4039facilities elements of comprehensive plans; requiring the
4040state land planning agency to adopt phased schedules for
4041adopting a public school facilities element; providing
4042requirements; providing requirements; providing conditions
4043for prohibiting local governments from certain adopting
4044amendments to the comprehensive plan; authorizing the
4045state land planning agency to issue schools certain show
4046cause notices for certain purposes; providing for imposing
4047sanctions on a school board under certain circumstances;
4048providing requirements; encouraging local governments to
4049develop a community vision for certain purposes; providing
4050for assistance by regional planning councils; providing
4051for local government designation of urban service
4052boundaries; providing requirements; amending s. 163.31777,
4053F.S.; applying public schools interlocal agreement
4054provisions to school boards and nonexempt municipalities;
4055deleting a scheduling requirement for public schools
4056interlocal agreements; providing additional requirements
4057for updates and amendments to such interlocal agreements;
4058revising procedures for public school elements
4059implementing school concurrency; revising exemption
4060criteria for certain municipalities; amending s. 163.3180,
4061F.S.; including schools and water supplies under
4062concurrency provisions; revising a transportation
4063facilities scheduling requirement; requiring local
4064governments and the Department of Transportation to
4065cooperatively establish a plan for maintaining certain
4066level-of-service standards for certain facilities within
4067certain areas; requiring local governments to consult with
4068the department to make certain impact assessments relating
4069to concurrency management areas and multimodal
4070transportation districts; revising criteria for local
4071government authorization to grant exceptions from
4072concurrency requirements for transportation facilities;
4073providing for waiving certain transportation facilities
4074concurrency requirements for certain projects under
4075certain circumstances; providing criteria and
4076requirements; revising provisions authorizing local
4077governments to adopt long-term transportation management
4078systems to include long-term school concurrency management
4079systems; revising requirements; requiring periodic
4080evaluation of long-term concurrency systems; providing
4081criteria; revising requirements for roadway facilities on
4082the Strategic Intermodal System; providing additional
4083level-of-service standards requirements; revising
4084requirements for developing school concurrency; requiring
4085adoption of a public school facilities element for
4086effectiveness of a school concurrency requirement;
4087providing an exception; revising service area requirements
4088for concurrency systems; requiring local governments to
4089apply school concurrency on a less than districtwide basis
4090under certain circumstances for certain purposes; revising
4091provisions prohibiting a local government from denying a
4092development order or a functional equivalent authorizing
4093residential developments under certain circumstances;
4094specifying conditions for satisfaction of school
4095concurrency requirements by a developer; providing for
4096mediation of disputes; specifying options for
4097proportionate-share mitigation of impacts on public school
4098facilities; providing criteria and requirements; providing
4099legislative intent relating to mitigation of impacts of
4100development on transportation facilities; authorizing
4101local governments to create mitigation banks for
4102transportation facilities for certain purposes; providing
4103requirements; specifying conditions for satisfaction of
4104transportation facilities concurrency by a developer;
4105providing for mitigation; providing for mediation of
4106disputes; providing criteria for transportation mitigation
4107contributions; providing for enforceable development
4108agreements for certain projects; specifying conditions for
4109satisfaction of concurrency requirements of a local
4110comprehensive plan by a development; amending s. 163.3184,
4111F.S.; correcting cross references; authorizing instead of
4112requiring the state land planning agency to review plan
4113amendments; amending s. 163.3187, F.S.; providing
4114additional criteria for small scale amendments to adopted
4115comprehensive plans; providing an additional exception to
4116a limitation on amending an adopted comprehensive plan by
4117certain municipalities; providing procedures and
4118requirements; providing for notice and public hearings;
4119correcting a cross reference; providing for
4120nonapplication; amending s. 163.3191, F.S.; revising
4121requirements for evaluation and assessment of the
4122coordination of a comprehensive plan with certain schools;
4123providing additional assessment criteria for certain
4124counties and municipalities; requiring certain counties
4125and municipalities to adopt appropriate concurrency goals,
4126objectives, and policies in plan amendments under certain
4127circumstances; revising reporting requirements for
4128evaluation and assessment of water supply sources;
4129providing for a prohibition on plan amendments for failure
4130to timely adopt updating comprehensive plan amendments;
4131creating s. 163.3247, F.S.; providing a popular name;
4132providing legislative findings and intent; creating the
4133Century Commission for a Sustainable Florida for certain
4134purposes; providing for appointment of commission members;
4135providing for terms; providing for meetings and votes of
4136members; requiring members to serve without compensation;
4137providing for per diem and travel expenses; providing
4138powers and duties of the commission; requiring the
4139creation of a joint select committee of the Legislature;
4140providing purposes; requiring the Secretary of Community
4141Affairs to select an executive director of the commission;
4142requiring the Department of Community Affairs to provide
4143staff for the commission; providing for other agency staff
4144support for the commission; amending ss. 337.107 and
4145337.11, F.S.; revising authorization for the Department of
4146Transportation to contract for right-of-way services;
4147providing additional requirements; amending s. 339.08,
4148F.S.; specifying an additional use for moneys in the State  
4149Transportation Trust Fund; amending s. 339.135, F.S.;
4150revising provisions relating to funding and developing a
4151tentative work program; amending s. 339.155, F.S.;
4152providing additional requirements for development of
4153regional transportation plans in certain areas pursuant to
4154interlocal agreements; requiring the department to develop
4155a model interlocal agreement; providing requirements;
4156amending s. 339.175, F.S.; revising requirements for
4157metropolitan planning organizations and transportation
4158improvement programs; creating s. 339.28171, F.S.;
4159creating the Transportation Incentive Program for a
4160Sustainable Florida; providing program requirements;
4161requiring the Department of Transportation to develop
4162criteria to assist local governments in evaluating
4163concurrency management system backlogs; specifying
4164criteria requirements; providing requirements for local
4165governments; specifying percentages and requirements for
4166apportioning matching funds among grant applicants;
4167authorizing the department to administer contracts as
4168requested by local governments; amending s. 339.2818,
4169F.S.; revising criteria and requirement for the Small
4170County Outreach Program to conform; creating s. 339.2820,
4171F.S.; creating the Off-System Bridge Program for
4172Sustainable Transportation within the Department of
4173Transportation for certain purposes; providing for funding
4174certain project costs; requiring the department to
4175allocate funding for the program for certain projects;
4176specifying criteria for projects to be funded from the
4177program; amending s. 339.55, F.S.; revising funding
4178authorization for the state-funded infrastructure bank ;
4179creating s. 373.19615, F.S.; creating the Florida's
4180Sustainable Water Supplies Program; providing funding
4181requirements for local government development of
4182alternative water supply projects; providing for
4183allocation of funds to water management districts;
4184providing definitions; specifying factors to consider in
4185funding certain projects; providing funding requirements;
4186requiring the Department of Environmental Protection to
4187establish factors for granting financial assistance to
4188eligible projects; creating s. 373.19616, F.S.; creating
4189the Water Transition Assistance Program to establish a
4190low-interest revolving loan program for infrastructure
4191financing for alternative water supplies; providing
4192legislative declarations; providing definitions;
4193authorizing the Department of Environmental Protection to
4194make loans to local governments for certain purposes;
4195authorizing local governments to borrow funds and pledge
4196revenues for repayment; providing loan limitations;
4197authorizing the department to adopt certain rules;
4198requiring the department to prepare an annual report on
4199such financial assistance; providing loan approval
4200requirements for local governments; authorizing the
4201department to conduct or require audits; authorizing the
4202department to require reasonable loan service fees;
4203providing limitations; providing requirements for
4204financial assistance funding; providing for enforcement of
4205loan defaults; authorizing the department to impose
4206penalties for delinquent loan payments; authoriaing the
4207department to terminate financial assistance agreements
4208under certain circumstances; amending s. 373.223, F.S.;
4209providing a presumption of consistency for certain
4210alternative water supply uses; amending s. 380.06, F.S.;
4211providing additional exemptions from development of
4212regional impact provisions for certain projects in
4213proposed developments or redevelopments within an area
4214designated in a comprehensive plan and for proposed
4215developments within certain rural land stewardship areas;
4216amending s. 380.115, F.S.; revising provisions relating to
4217preserving vested rights and duties under development of
4218regional impact guidelines and standards; revising
4219procedures and requirements for governance and rescission
4220of development-of-regional-impact development orders under
4221changing guidelines and standards; requiring the Office of
4222Program Policy Analysis and Government Accountability to
4223conduct a study on adjustments to boundaries of regional
4224planning councils, water management districts, and
4225transportation districts; providing purposes; requiring a
4226study report to the Governor and Legislature; amending s.
42271013.33, F.S.; revising provisions relating to
4228coordination of educational facilities planning pursuant
4229to certain interlocal agreements; revising procedures and
4230requirements for updated agreements and agreement
4231amendments; creating s. 1013.352, F.S.; creating a Charter
4232School Incentive Program for Sustainable Schools;
4233providing purposes; specifying conditions for eligibility
4234for state funds; authorizing the Commissioner of Education
4235to waive certain requirements and distribute certain funds
4236to charter schools under certain circumstances;
4237prohibiting the commissioner from distributing funds to
4238certain schools under certain circumstances; providing for
4239ineligibility of certain schools for charter school outlay
4240funding under certain circumstances; amending s. 1013.64,
4241F.S.; requiring the Department of Education to establish a
4242the High Growth County Facility Construction Account as a
4243separate account within the Public Education Capital
4244Outlay and Debt Service Trust Fund for certain purposes;
4245specifying requirements for funding from the account;
4246creating the School Concurrency Task Force; providing
4247purposes; providing for membership; requiring a report to
4248the Governor and Legislature; repealing s. 163.31776,
4249F.S., relating to the public educational facilities
4250element; requiring the Department of Transportation to
4251allocate sufficient funds so implement the transportation
4252provisions of the act; requiring the department to develop
4253a plan to expend revenues and amend the current work
4254program; requiring the department to submit a budget
4255amendment for certain purposes; requiring a report to the
4256Legislature; providing for funding for sustainable water
4257supplies; providing an appropriation; providing for
4258allocation of the appropriation; specifying uses of
4259appropriations; providing for funding for sustainable
4260schools; providing an appropriation; providing for
4261allocation of the appropriation; specifying uses of the
4262appropriation; providing for Statewide Technical
4263Assistance for a Sustainable Florida; providing an
4264appropriation; specifying uses; requiring the Department
4265of Community Affairs to report to the Governor and
4266Legislature; specifying report requirements; providing an
4267appropriation to the Department of Community Affairs for
4268certain staffing purposes; providing an effective date.
4269
4270     WHEREAS, the Legislature finds and declares that the
4271state's population has increased by approximately 3 million
4272individuals each decade since 1970 to nearly 16 million
4273individuals in 2000, and
4274     WHEREAS, increased populations have resulted in greater
4275density concentrations in many areas around the state and
4276created growth issues that increasingly overlap multiple local
4277government jurisdictional and state agency district boundaries,
4278and
4279     WHEREAS, development patterns throughout areas of the
4280state, in conjunction with the implementation of growth
4281management policies, have increasingly caused urban flight which
4282has resulted in urban sprawl and cause capacity issues related
4283to transportation facilities, public educational facilities, and
4284water supply facilities, and
4285     WHEREAS, the Legislature recognizes that urban infill and
4286redevelopment is a high state priority, and
4287     WHEREAS, consequently, the Legislature determines it in the
4288best interests of the people of the state to undertake action to
4289address these issues and work towards a sustainable Florida
4290where facilities are planned and available concurrent with
4291existing and projected demands while protecting Florida's
4292natural and environmental resources, rural and agricultural
4293resources, and maintaining a viable and sustainable economy, and
4294     WHEREAS, the Legislature enacts measures in the law and
4295earmarks funds for the 2005-2006 fiscal year intended to result
4296in a reemphasis on urban infill and redevelopment, achieving and
4297maintaining concurrency with transportation and public
4298educational facilities, and instilling a sense of
4299intergovernmental cooperation and coordination, and
4300     WHEREAS, the Legislature will establish a standing
4301commission tasked with helping Floridians envision and plan
4302their collective future with an eye towards both 25-year and 50-
4303year horizons, NOW, THEREFORE,


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