November 26, 2020
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574291
  Amendment
Bill No. 1865
Amendment No. 574291
CHAMBER ACTION
Senate House
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1Representative(s) Johnson offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause 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, unless the
28charter provisions, ordinances, or land development regulations
29are to limit impacts to coastal high-hazard areas, historic
30districts, or aviation operations. Higher density urban
31development is appropriate in urban core areas and should be
32encouraged in such areas. Conversely, it is appropriate to
33discourage greater height and density as a development form in
34areas outside the urban core where such development forms are
35incompatible with existing land uses. Notwithstanding chapters
36125 and s. 163.3171, any existing or future charter county
37charter provision, ordinance, land development regulation, or
38countywide special act that governs the use, development, or
39redevelopment of land shall not be effective within any
40municipality of the county unless the charter provision,
41ordinance, land development regulation, or countywide special
42act is approved by a majority vote of the municipality's
43governing board or is approved by a majority vote of the
44county's governing board for placement on the ballot as a
45countywide referendum and:
46     (1)  The ballot form includes a ballot summary of the
47measure being voted on, which has been agreed to by the
48municipalities of the county, in addition to any other
49requirements of law. If no agreement on the ballot summary
50language is reached with the municipalities of the county, the
51ballot form shall also contain an estimate, as created by the
52municipalities, individually, or if desired by the
53municipalities, cumulatively, of the fiscal impact of the
54measure
55upon the municipality.
56     (2)  The referendum is approved by a majority vote of the
57electors of the county voting in the referendum.
58
59Existing charter provisions and countywide special acts that
60have been approved by referendum prior to the effective date of
61this act must be readopted in accordance with this section in
62order to apply within a municipality. However, any existing
63charter county charter provision that has established a rural
64boundary as delineated on a rural boundary map shall not be
65required to have the charter provision readopted in accordance
66with this section and shall continue to apply within
67municipalities of the charter county. In the event of a conflict
68between a countywide ordinance and a municipal ordinance within
69a charter county that regulates expressive conduct, the more
70restrictive ordinance shall govern. However, this section shall
71not apply within any areas of critical state concern designated
72pursuant to s. 380.05-380.0555, any unit of local government
73that is consolidated as provided by s. 9, Art. VIII of the State
74Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
75State Constitution of 1968, which is granted the authority in
76the State Constitution to exercise all the powers of a municipal
77corporation, any unit of local government operating under a home
78rule charter adopted pursuant to s. 11, Art. VIII of the State
79Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
80State Constitution of 1968, which is granted the authority in
81the State Constitution to exercise all the powers conferred now
82or hereafter by general law upon municipalities, or within any
83government consolidated pursuant to s. 3 of Art. VIII.
84     Section 4.  Subsection (3), paragraphs (a), (b), (c), and
85(h) of subsection (6), paragraph (d) of subsection (11), and
86subsection (12) of section 163.3177, Florida Statutes, are
87amended, and subsection (13) is added to said section, to read:
88     163.3177  Required and optional elements of comprehensive
89plan; studies and surveys.--
90     (3)(a)  The comprehensive plan shall contain a capital
91improvements element designed to consider the need for and the
92location of public facilities in order to encourage the
93efficient utilization of such facilities and set forth:
94     1.  A component which outlines principles for construction,
95extension, or increase in capacity of public facilities, as well
96as a component which outlines principles for correcting existing
97public facility deficiencies, which are necessary to implement
98the comprehensive plan. The components shall cover at least a 5-
99year period.
100     2.  Estimated public facility costs, including a
101delineation of when facilities will be needed, the general
102location of the facilities, and projected revenue sources to
103fund the facilities.
104     3.  Standards to ensure the availability of public
105facilities and the adequacy of those facilities including
106acceptable levels of service.
107     4.  Standards for the management of debt.
108     5.  A schedule of capital improvements which includes
109publicly funded projects and which may include privately funded
110projects.
111     6.  The schedule of transportation improvements included in
112the applicable metropolitan planning organization's
113transportation improvement program adopted pursuant to s.
114339.175(7) to the extent that such improvements are relied upon
115to ensure concurrency and financial feasibility. The schedule
116must also be coordinated with the applicable metropolitan
117planning organization's long-range transportation plan adopted
118pursuant to s. 339.175(6).
119     (b)1.  The capital improvements element shall be reviewed
120on an annual basis and modified as necessary in accordance with
121s. 163.3187 or s. 163.3189 in order to maintain a financially
122feasible 5-year schedule of capital improvements., except that
123Corrections, updates, and modifications concerning costs,;
124revenue sources, or; acceptance of facilities pursuant to
125dedications which are consistent with the plan; or the date of
126construction of any facility enumerated in the capital
127improvements schedule element may be accomplished by ordinance
128and shall not be deemed to be amendments to the local
129comprehensive plan. A copy of the ordinance shall be transmitted
130to the state land planning agency. All public facilities shall
131be consistent with the capital improvements element. Amendments
132to implement this section must be adopted and transmitted no
133later than December 1, 2007. Thereafter, a local government may
134not amend its future land use map, except for plan amendments to
135meet new requirements under this part and emergency amendments
136pursuant to s. 163.3187(1)(a), after December 1, 2007, and every
137year thereafter until the local government has adopted the
138annual update and the annual update has been transmitted to the
139state land planning agency.
140     2.  Capital improvements element amendments adopted after
141the effective date of this act shall require only a single
142public hearing before the governing board which shall be an
143adoption hearing as described in s. 163.3184(7). Such amendments
144are not subject to the requirements of s. 163.3184(3)-(6).
145Amendments to the 5-year schedule of capital improvements
146adopted after the effective date of this act shall not be
147subject to challenge by an affected party. If the department
148finds an amendment pursuant to this subparagraph not in
149compliance, the local government may challenge that
150determination pursuant to s. 163.3184(10).
151     (c)  If the local government does not adopt the required
152annual update to the schedule of capital improvements or the
153annual update is found not in compliance, the state land
154planning agency shall notify the Administration Commission. A
155local government that has a demonstrated lack of commitment to
156meeting its obligations identified in the capital improvement
157element may be subject to sanctions by the Administration
158Commission pursuant to s. 163.3184(11).
159     (d)  If a local government adopts a long-term concurrency
160management system pursuant to s. 163.3180(9), the local
161government shall also adopt a long-term capital improvements
162schedule covering up to a 10-year or 15-year period and shall
163update the long-term schedule annually. The long-term schedule
164of capital improvements must be financially feasible.
165     (6)  In addition to the requirements of subsections (1)-
166(5), the comprehensive plan shall include the following
167elements:
168     (a)  A future land use plan element designating proposed
169future general distribution, location, and extent of the uses of
170land for residential uses, commercial uses, industry,
171agriculture, recreation, conservation, education, public
172buildings and grounds, other public facilities, and other
173categories of the public and private uses of land. Counties are
174encouraged to designate rural land stewardship areas, pursuant
175to the provisions of paragraph (11)(d), as overlays on the
176future land use map. Each future land use category must be
177defined in terms of uses included, and must include standards to
178be followed in the control and distribution of population
179densities and building and structure intensities. The proposed
180distribution, location, and extent of the various categories of
181land use shall be shown on a land use map or map series which
182shall be supplemented by goals, policies, and measurable
183objectives. The future land use plan shall be based upon
184surveys, studies, and data regarding the area, including the
185amount of land required to accommodate anticipated growth; the
186projected population of the area; the character of undeveloped
187land; the availability of water supplies, public facilities, and
188services; the need for redevelopment, including the renewal of
189blighted areas and the elimination of nonconforming uses which
190are inconsistent with the character of the community; the
191compatibility of uses on lands adjacent to or closely proximate
192to military installations; and, in rural communities, the need
193for job creation, capital investment, and economic development
194that will strengthen and diversify the community's economy. The
195future land use plan may designate areas for future planned
196development use involving combinations of types of uses for
197which special regulations may be necessary to ensure development
198in accord with the principles and standards of the comprehensive
199plan and this act. The future land use plan element shall
200include criteria to be used to achieve the compatibility of
201adjacent or closely proximate lands with military installations.
202In addition, for rural communities, the amount of land
203designated for future planned industrial use shall be based upon
204surveys and studies that reflect the need for job creation,
205capital investment, and the necessity to strengthen and
206diversify the local economies, and shall not be limited solely
207by the projected population of the rural community. The future
208land use plan of a county may also designate areas for possible
209future municipal incorporation. The land use maps or map series
210shall generally identify and depict historic district boundaries
211and shall designate historically significant properties meriting
212protection. The future land use element must clearly identify
213the land use categories in which public schools are an allowable
214use. When delineating the land use categories in which public
215schools are an allowable use, a local government shall include
216in the categories sufficient land proximate to residential
217development to meet the projected needs for schools in
218coordination with public school boards and may establish
219differing criteria for schools of different type or size. Each
220local government shall include lands contiguous to existing
221school sites, to the maximum extent possible, within the land
222use categories in which public schools are an allowable use. All
223comprehensive plans must comply with the school siting
224requirements of this paragraph no later than October 1, 1999.
225The failure by a local government to comply with these school
226siting requirements by October 1, 1999, will result in the
227prohibition of the local government's ability to amend the local
228comprehensive plan, except for plan amendments described in s.
229163.3187(1)(b), until the school siting requirements are met.
230Amendments proposed by a local government for purposes of
231identifying the land use categories in which public schools are
232an allowable use or for adopting or amending the school-siting
233maps pursuant to s. 163.31776(3) are exempt from the limitation
234on the frequency of plan amendments contained in s. 163.3187.
235The future land use element shall include criteria that
236encourage the location of schools proximate to urban residential
237areas to the extent possible and shall require that the local
238government seek to collocate public facilities, such as parks,
239libraries, and community centers, with schools to the extent
240possible and to encourage the use of elementary schools as focal
241points for neighborhoods. For schools serving predominantly
242rural counties, defined as a county with a population of 100,000
243or fewer, an agricultural land use category shall be eligible
244for the location of public school facilities if the local
245comprehensive plan contains school siting criteria and the
246location is consistent with such criteria. Local governments
247required to update or amend their comprehensive plan to include
248criteria and address compatibility of adjacent or closely
249proximate lands with existing military installations in their
250future land use plan element shall transmit the update or
251amendment to the department by June 30, 2006.
252     (b)  A traffic circulation element consisting of the types,
253locations, and extent of existing and proposed major
254thoroughfares and transportation routes, including bicycle and
255pedestrian ways. Transportation corridors, as defined in s.
256334.03, may be designated in the traffic circulation element
257pursuant to s. 337.273. If the transportation corridors are
258designated, the local government may adopt a transportation
259corridor management ordinance. By December 1, 2006, each local
260government shall adopt by ordinance a transportation concurrency
261management system which shall include a methodology for
262assessing proportionate share mitigation options. By December 1,
2632005, the Department of Transportation shall develop a model
264transportation concurrency management ordinance with
265methodologies for assessing proportionate share options. The
266transportation concurrency management ordinance may assess a
267concurrency impact area by districts or systemwide.
268     (c)  A general sanitary sewer, solid waste, drainage,
269potable water, and natural groundwater aquifer recharge element
270correlated to principles and guidelines for future land use,
271indicating ways to provide for future potable water, drainage,
272sanitary sewer, solid waste, and aquifer recharge protection
273requirements for the area. The element may be a detailed
274engineering plan including a topographic map depicting areas of
275prime groundwater recharge. The element shall describe the
276problems and needs and the general facilities that will be
277required for solution of the problems and needs. The element
278shall also include a topographic map depicting any areas adopted
279by a regional water management district as prime groundwater
280recharge areas for the Floridan or Biscayne aquifers, pursuant
281to s. 373.0395. These areas shall be given special consideration
282when the local government is engaged in zoning or considering
283future land use for said designated areas. For areas served by
284septic tanks, soil surveys shall be provided which indicate the
285suitability of soils for septic tanks. Within 18 months after
286the governing board approves an updated regional water supply
287plan, the local government shall submit a comprehensive plan
288amendment that incorporates the alternative water supply
289projects selected by the local government from those identified
290in the regional supply plan pursuant to s. 373.0361(2)(a) or
291proposed by the local government under s. 373.0361, into the
292element. If a local government is located within two water
293management districts, the local government shall adopt its
294comprehensive plan amendment within 18 months after the later
295updated By December 1, 2006, The element must consider the
296appropriate water management district's regional water supply
297plan approved pursuant to s. 373.0361. The element must identify
298such alternative water supply projects and traditional water
299supply projects and conservation and reuse necessary to meet the
300water needs identified in s. 373.0361(2)(a) within the local
301government's jurisdiction and include a work plan, covering at
302least a 10-year planning period, for building public water
303supply facilities, including development of alternative water
304supplies that are necessary to meet existing and projected water
305use demand over the work planning period. The work plan shall
306also describe how the water supply needs will be met over the
307course of the planning period from any other providers of water,
308if applicable that are identified in the element as necessary to
309serve existing and new development and for which the local
310government is responsible. The work plan shall be updated, at a
311minimum, every 5 years within 18 12 months after the governing
312board of a water management district approves an updated
313regional water supply plan. Local governments, public and
314private utilities, regional water supply authorities, special
315districts, and water management districts are encouraged to
316cooperatively plan for the development of multijurisdictional
317water supply facilities that are sufficient to meet projected
318demands for established planning periods, including the
319development of alternative water sources to supplement
320traditional sources of ground and surface water supplies.
321Amendments to incorporate the work plan do not count toward the
322limitation on the frequency of adoption of amendments to the
323comprehensive plan.
324     (h)1.  An intergovernmental coordination element showing
325relationships and stating principles and guidelines to be used
326in the accomplishment of coordination of the adopted
327comprehensive plan with the plans of school boards, regional
328water supply authorities, and other units of local government
329providing services but not having regulatory authority over the
330use of land, with the comprehensive plans of adjacent
331municipalities, the county, adjacent counties, or the region,
332with the state comprehensive plan and with the applicable
333regional water supply plan approved pursuant to s. 373.0361, as
334the case may require and as such adopted plans or plans in
335preparation may exist. This element of the local comprehensive
336plan shall demonstrate consideration of the particular effects
337of the local plan, when adopted, upon the development of
338adjacent municipalities, the county, adjacent counties, or the
339region, or upon the state comprehensive plan, as the case may
340require.
341     a.  The intergovernmental coordination element shall
342provide for procedures to identify and implement joint planning
343areas, especially for the purpose of annexation, municipal
344incorporation, and joint infrastructure service areas.
345     b.  The intergovernmental coordination element shall
346provide for recognition of campus master plans prepared pursuant
347to s. 1013.30.
348     c.  The intergovernmental coordination element may provide
349for a voluntary dispute resolution process as established
350pursuant to s. 186.509 for bringing to closure in a timely
351manner intergovernmental disputes. A local government may
352develop and use an alternative local dispute resolution process
353for this purpose.
354     2.  The intergovernmental coordination element shall
355further state principles and guidelines to be used in the
356accomplishment of coordination of the adopted comprehensive plan
357with the plans of school boards and other units of local
358government providing facilities and services but not having
359regulatory authority over the use of land. In addition, the
360intergovernmental coordination element shall describe joint
361processes for collaborative planning and decisionmaking on
362population projections and public school siting, the location
363and extension of public facilities subject to concurrency, and
364siting facilities with countywide significance, including
365locally unwanted land uses whose nature and identity are
366established in an agreement. Within 1 year of adopting their
367intergovernmental coordination elements, each county, all the
368municipalities within that county, the district school board,
369and any unit of local government service providers in that
370county shall establish by interlocal or other formal agreement
371executed by all affected entities, the joint processes described
372in this subparagraph consistent with their adopted
373intergovernmental coordination elements.
374     3.  To foster coordination between special districts and
375local general-purpose governments as local general-purpose
376governments implement local comprehensive plans, each
377independent special district must submit a public facilities
378report to the appropriate local government as required by s.
379189.415.
380     4.a.  Local governments adopting a public educational
381facilities element pursuant to s. 163.31776 must execute an
382interlocal agreement with the district school board, the county,
383and nonexempt municipalities pursuant to s. 163.31777, as
384defined by s. 163.31776(1), which includes the items listed in
385s. 163.31777(2). The local government shall amend the
386intergovernmental coordination element to provide that
387coordination between the local government and school board is
388pursuant to the agreement and shall state the obligations of the
389local government under the agreement.
390     b.  Plan amendments that comply with this subparagraph are
391exempt from the provisions of s. 163.3187(1).
392     5.  The state land planning agency shall establish a
393schedule for phased completion and transmittal of plan
394amendments to implement subparagraphs 1., 2., and 3. from all
395jurisdictions so as to accomplish their adoption by December 31,
3961999. A local government may complete and transmit its plan
397amendments to carry out these provisions prior to the scheduled
398date established by the state land planning agency. The plan
399amendments are exempt from the provisions of s. 163.3187(1).
400     6.  By January 1, 2004, Any county having a population
401greater than 100,000, and the municipalities and special
402districts within that county, shall submit a report to the
403Department of Community Affairs which:
404     a.  Identifies all existing or proposed interlocal service-
405delivery agreements regarding the following: education; sanitary
406sewer; public safety; solid waste; drainage; potable water;
407parks and recreation; and transportation facilities.
408     b.  Identifies any deficits or duplication in the provision
409of services within its jurisdiction, whether capital or
410operational. Upon request, the Department of Community Affairs
411shall provide technical assistance to the local governments in
412identifying deficits or duplication.
413     7.  Within 6 months after submission of the report, the
414Department of Community Affairs shall, through the appropriate
415regional planning council, coordinate a meeting of all local
416governments within the regional planning area to discuss the
417reports and potential strategies to remedy any identified
418deficiencies or duplications.
419     8.  Each local government shall update its
420intergovernmental coordination element based upon the findings
421in the report submitted pursuant to subparagraph 6. The report
422may be used as supporting data and analysis for the
423intergovernmental coordination element.
424     9.  By February 1, 2003, representatives of municipalities,
425counties, and special districts shall provide to the Legislature
426recommended statutory changes for annexation, including any
427changes that address the delivery of local government services
428in areas planned for annexation.
429     (11)
430     (d)1.  The department, in cooperation with the Department
431of Agriculture and Consumer Services, the Department of
432Environmental Protection, water management districts, and
433regional planning councils, shall provide assistance to local
434governments in the implementation of this paragraph and rule 9J-
4355.006(5)(l), Florida Administrative Code. Implementation of
436those provisions shall include a process by which the department
437may authorize local governments to designate all or portions of
438lands classified in the future land use element as predominantly
439agricultural, rural, open, open-rural, or a substantively
440equivalent land use, as a rural land stewardship area within
441which planning and economic incentives are applied to encourage
442the implementation of innovative and flexible planning and
443development strategies and creative land use planning
444techniques, including those contained herein and in rule 9J-
4455.006(5)(l), Florida Administrative Code. Assistance may
446include, but is not limited to:
447     a.  Assistance from the Department of Environmental
448Protection and water management districts in creating the
449geographic information systems land cover database and aerial
450photogrammetry needed to prepare for a rural land stewardship
451area;
452     b.  Support for local government implementation of rural
453land stewardship concepts by providing information and
454assistance to local governments regarding land acquisition
455programs that may be used by the local government or landowners
456to leverage the protection of greater acreage and maximize the
457effectiveness of rural land stewardship areas; and
458     c.  Expansion of the role of the Department of Community
459Affairs as a resource agency to facilitate establishment of
460rural land stewardship areas in smaller rural counties that do
461not have the staff or planning budgets to create a rural land
462stewardship area.
463     2.  The state land planning agency department shall
464encourage participation by local governments of different sizes
465and rural characteristics in establishing and implementing rural
466land stewardship areas. It is the intent of the Legislature that
467rural land stewardship areas be used to further the following
468broad principles of rural sustainability: restoration and
469maintenance of the economic value of rural land; control of
470urban sprawl; identification and protection of ecosystems,
471habitats, and natural resources; promotion of rural economic
472activity; maintenance of the viability of Florida's agricultural
473economy; and protection of the character of rural areas of
474Florida. Rural land stewardship areas may be multicounty in
475order to encourage coordinated regional stewardship planning.
476     3.  A local government, in conjunction with a regional
477planning council, a stakeholder organization of private land
478owners, or another local government, shall notify the department
479in writing of its intent to designate a rural land stewardship
480area. The written notification shall describe the basis for the
481designation, including the extent to which the rural land
482stewardship area enhances rural land values, controls urban
483sprawl, provides necessary open space for agriculture and
484protection of the natural environment, promotes rural economic
485activity, and maintains rural character and the economic
486viability of agriculture.
487     4.  A rural land stewardship area shall be not less than
48810,000 acres and shall be located outside of municipalities and
489established urban growth boundaries, and shall be designated by
490plan amendment. The plan amendment designating a rural land
491stewardship area shall be subject to review by the Department of
492Community Affairs pursuant to s. 163.3184 and shall provide for
493the following:
494     a.  Criteria for the designation of receiving areas within
495rural land stewardship areas in which innovative planning and
496development strategies may be applied. Criteria shall at a
497minimum provide for the following: adequacy of suitable land to
498accommodate development so as to avoid conflict with
499environmentally sensitive areas, resources, and habitats;
500compatibility between and transition from higher density uses to
501lower intensity rural uses; the establishment of receiving area
502service boundaries which provide for a separation between
503receiving areas and other land uses within the rural land
504stewardship area through limitations on the extension of
505services; and connection of receiving areas with the rest of the
506rural land stewardship area using rural design and rural road
507corridors.
508     b.  Goals, objectives, and policies setting forth the
509innovative planning and development strategies to be applied
510within rural land stewardship areas pursuant to the provisions
511of this section.
512     c.  A process for the implementation of innovative planning
513and development strategies within the rural land stewardship
514area, including those described in this subsection and rule 9J-
5155.006(5)(l), Florida Administrative Code, which provide for a
516functional mix of land uses and which are applied through the
517adoption by the local government of zoning and land development
518regulations applicable to the rural land stewardship area.
519     d.  A process which encourages visioning pursuant to s.
520163.3167(11) to ensure that innovative planning and development
521strategies comply with the provisions of this section.
522     e.  The control of sprawl through the use of innovative
523strategies and creative land use techniques consistent with the
524provisions of this subsection and rule 9J-5.006(5)(l), Florida
525Administrative Code.
526     5.  A receiving area shall be designated by the adoption of
527a land development regulation. Prior to the designation of a
528receiving area, the local government shall provide the
529Department of Community Affairs a period of 30 days in which to
530review a proposed receiving area for consistency with the rural
531land stewardship area plan amendment and to provide comments to
532the local government.
533     6.  Upon the adoption of a plan amendment creating a rural
534land stewardship area, the local government shall, by ordinance,
535establish the methodology for the creation, conveyance, and use
536of transferable rural land use credits, otherwise referred to as
537stewardship credits, the application of assign to the area a
538certain number of credits, to be known as "transferable rural
539land use credits," which shall not constitute a right to develop
540land, nor increase density of land, except as provided by this
541section. The total amount of transferable rural land use credits
542within assigned to the rural land stewardship area must enable
543the realization of the long-term vision and goals for correspond
544to the 25-year or greater projected population of the rural land
545stewardship area. Transferable rural land use credits are
546subject to the following limitations:
547     a.  Transferable rural land use credits may only exist
548within a rural land stewardship area.
549     b.  Transferable rural land use credits may only be used on
550lands designated as receiving areas and then solely for the
551purpose of implementing innovative planning and development
552strategies and creative land use planning techniques adopted by
553the local government pursuant to this section.
554     c.  Transferable rural land use credits assigned to a
555parcel of land within a rural land stewardship area shall cease
556to exist if the parcel of land is removed from the rural land
557stewardship area by plan amendment.
558     d.  Neither the creation of the rural land stewardship area
559by plan amendment nor the assignment of transferable rural land
560use credits by the local government shall operate to displace
561the underlying density of land uses assigned to a parcel of land
562within the rural land stewardship area; however, if transferable
563rural land use credits are transferred from a parcel for use
564within a designated receiving area, the underlying density
565assigned to the parcel of land shall cease to exist.
566     e.  The underlying density on each parcel of land located
567within a rural land stewardship area shall not be increased or
568decreased by the local government, except as a result of the
569conveyance or use of transferable rural land use credits, as
570long as the parcel remains within the rural land stewardship
571area.
572     f.  Transferable rural land use credits shall cease to
573exist on a parcel of land where the underlying density assigned
574to the parcel of land is utilized.
575     g.  An increase in the density of use on a parcel of land
576located within a designated receiving area may occur only
577through the assignment or use of transferable rural land use
578credits and shall not require a plan amendment.
579     h.  A change in the density of land use on parcels located
580within receiving areas shall be specified in a development order
581which reflects the total number of transferable rural land use
582credits assigned to the parcel of land and the infrastructure
583and support services necessary to provide for a functional mix
584of land uses corresponding to the plan of development.
585     i.  Land within a rural land stewardship area may be
586removed from the rural land stewardship area through a plan
587amendment.
588     j.  Transferable rural land use credits may be assigned at
589different ratios of credits per acre according to the natural
590resource or other beneficial use characteristics of the land and
591according to the land use remaining following the transfer of
592credits, with the highest number of credits per acre assigned to
593the most environmentally valuable land, or in locations where
594the retention of and a lesser number of credits to be assigned
595to open space and agricultural land is a priority, to such
596lands.
597     k.  The use or conveyance of transferable rural land use
598credits must be recorded in the public records of the county in
599which the property is located as a covenant or restrictive
600easement running with the land in favor of the county and either
601the Department of Environmental Protection, Department of
602Agriculture and Consumer Services, a water management district,
603or a recognized statewide land trust.
604     7.  Owners of land within rural land stewardship areas
605should be provided incentives to enter into rural land
606stewardship agreements, pursuant to existing law and rules
607adopted thereto, with state agencies, water management
608districts, and local governments to achieve mutually agreed upon
609conservation objectives. Such incentives may include, but not be
610limited to, the following:
611     a.  Opportunity to accumulate transferable mitigation
612credits.
613     b.  Extended permit agreements.
614     c.  Opportunities for recreational leases and ecotourism.
615     d.  Payment for specified land management services on
616publicly owned land, or property under covenant or restricted
617easement in favor of a public entity.
618     e.  Option agreements for sale to public entities or
619private land conservation entities, in either fee or easement,
620upon achievement of conservation objectives.
621     8.  The department shall report to the Legislature on an
622annual basis on the results of implementation of rural land
623stewardship areas authorized by the department, including
624successes and failures in achieving the intent of the
625Legislature as expressed in this paragraph.
626     9.  In recognition of the benefits of conceptual long-range
627planning, restoration and maintenance of the economic value of
628rural land; control of urban sprawl; identification and
629protection of ecosystems, habitats, and natural resources;
630promotion of rural economic activity; maintenance of the
631viability of the agricultural economy of this state; and
632protection of the character of rural areas of this state that
633will result from a rural land stewardship area, and to further
634encourage the innovative planning and development strategies in
635a rural land stewardship area, development within a rural land
636stewardship area is exempt from the requirements of s. 380.06.
637     (12)  A public school facilities element adopted to
638implement a school concurrency program shall meet the
639requirements of this subsection.
640     (a)  Each county and each municipality within the county
641must adopt a consistent public school facilities element and
642enter an interlocal agreement pursuant to s. 163.31777. The
643state land planning agency may provide a waiver to a county and
644to the municipalities within the county if the utilization rate
645for all schools within the district is less than 100 percent and
646the projected 5-year capital outlay full-time equivalent student
647growth rate is less than 10 percent. At its discretion, the
648state land planning agency may grant a waiver to a county or
649municipality for a single school to exceed the 100 percent
650limitation if it can be demonstrated that the capacity for that
651single school is not greater than 105 percent. A municipality in
652a nonexempt county is exempt if the municipality meets all of
653the following criteria for having no significant impact on
654school attendance:
655     1.  The municipality has issued development orders for
656fewer than 50 residential dwelling units during the preceding 5
657years or the municipality has generated fewer than 25 additional
658public school students during the preceding 5 years.
659     2.  The municipality has not annexed new land during the
660preceding 5 years in land use categories that permit residential
661uses that will affect school attendance rates.
662     3.  The municipality has no public schools located within
663its boundaries.
664     (b)(a)  A public school facilities element shall be based
665upon data and analyses that address, among other items, how
666level-of-service standards will be achieved and maintained. Such
667data and analyses must include, at a minimum, such items as: the
668interlocal agreement adopted pursuant to s. 163.31777 and the 5-
669year school district facilities work program adopted pursuant to
670s. 1013.35; the educational plant survey prepared pursuant to s.
6711013.31 and an existing educational and ancillary plant map or
672map series; information on existing development and development
673anticipated for the next 5 years and the long-term planning
674period; an analysis of problems and opportunities for existing
675schools and schools anticipated in the future; an analysis of
676opportunities to collocate future schools with other public
677facilities such as parks, libraries, and community centers; an
678analysis of the need for supporting public facilities for
679existing and future schools; an analysis of opportunities to
680locate schools to serve as community focal points; projected
681future population and associated demographics, including
682development patterns year by year for the upcoming 5-year and
683long-term planning periods; and anticipated educational and
684ancillary plants with land area requirements.
685     (c)(b)  The element shall contain one or more goals which
686establish the long-term end toward which public school programs
687and activities are ultimately directed.
688     (d)(c)  The element shall contain one or more objectives
689for each goal, setting specific, measurable, intermediate ends
690that are achievable and mark progress toward the goal.
691     (e)(d)  The element shall contain one or more policies for
692each objective which establish the way in which programs and
693activities will be conducted to achieve an identified goal.
694     (f)(e)  The objectives and policies shall address items
695such as:
696     1.  The procedure for an annual update process;
697     2.  The procedure for school site selection;
698     3.  The procedure for school permitting;
699     4.  Provision of supporting infrastructure necessary to
700support proposed schools, including potable water, wastewater,
701drainage, solid waste, transportation, and means by which to
702ensure safe access to schools, including sidewalks, bicycle
703paths, turn lanes, and signalization;
704     5.  Provision of colocation of other public facilities,
705such as parks, libraries, and community centers, in proximity to
706public schools;
707     6.  Provision of location of schools proximate to
708residential areas and to complement patterns of development,
709including the location of future school sites so they serve as
710community focal points;
711     7.  Measures to ensure compatibility of school sites and
712surrounding land uses;
713     8.  Coordination with adjacent local governments and the
714school district on emergency preparedness issues, including the
715use of public schools to serve as emergency shelters; and
716     9.  Coordination with the future land use element.
717     (g)(f)  The element shall include one or more future
718conditions maps which depict the anticipated location of
719educational and ancillary plants, including the general location
720of improvements to existing schools or new schools anticipated
721over the 5-year or long-term planning period. The maps will of
722necessity be general for the long-term planning period and more
723specific for the 5-year period. Maps indicating general
724locations of future schools or school improvements may not
725prescribe a land use on a particular parcel of land.
726     (h)  The state land planning agency shall establish a
727phased schedule for adoption of the public school facilities
728element and the required updates to the public schools
729interlocal agreement pursuant to s. 163.31777. The schedule
730shall provide for each county and local government within the
731county to adopt the element and update to the agreement no later
732than December 1, 2008. Plan amendments to adopt a public school
733facilities element are exempt from the provisions of s.
734163.3187(1). The state land planning agency may grant a 1-year
735extension for the adoption of the element if a request is
736justified by good and sufficient cause as determined by the
737agency.
738     (i)  Failure to timely adopt updating amendments to the
739comprehensive plan that are necessary to implement school
740concurrency prior to December 1, 2008, unless a one-year
741extension has been granted, shall result in a local government
742being prohibited from adopting amendments to the comprehensive
743plan that increase residential density until the necessary
744amendments have been adopted and the adopted amendments have
745been transmitted to the state land planning agency.
746     (j)  The state land planning agency may issue the school
747board a notice to show cause why sanctions should not be
748enforced for failure to enter into an approved interlocal
749agreement as required by s. 163.31777 or for failure to
750implement the provisions of this act relating to public school
751concurrency. The school board may be subject to sanctions
752imposed by the Administration Commission directing the
753Department of Education to withhold from the district school
754board an equivalent amount of funds for school construction
755available to s. 1013.65, 1013.68, 1013.70, and 1013.72.
756     (13)  Local governments are encouraged to develop a
757community vision that provides for sustainable growth,
758recognizes the local government's fiscal constraints, and
759protects the local government's natural resources pursuant to s.
760163.167(11). At the request of a local government, the
761applicable regional planning council shall provide assistance in
762the development of a community vision.
763     Section 5.  Section 163.31777, Florida Statutes, is amended
764to read:
765     163.31777  Public schools interlocal agreement.--
766     (1)(a)  The school board, county, and nonexempt
767municipalities located within the geographic area of a school
768district shall enter into an interlocal agreement with the
769district school board which jointly establishes the specific
770ways in which the plans and processes of the district school
771board and the local governments are to be coordinated. The
772interlocal agreements shall be submitted to the state land
773planning agency and the Office of Educational Facilities and the
774SMART Schools Clearinghouse in accordance with a schedule
775published by the state land planning agency.
776     (b)  The schedule must establish staggered due dates for
777submission of interlocal agreements that are executed by both
778the local government and the district school board, commencing
779on March 1, 2003, and concluding by December 1, 2004, and must
780set the same date for all governmental entities within a school
781district. However, if the county where the school district is
782located contains more than 20 municipalities, the state land
783planning agency may establish staggered due dates for the
784submission of interlocal agreements by these municipalities. The
785schedule must begin with those areas where both the number of
786districtwide capital-outlay full-time-equivalent students equals
78780 percent or more of the current year's school capacity and the
788projected 5-year student growth is 1,000 or greater, or where
789the projected 5-year student growth rate is 10 percent or
790greater.
791     (b)(c)  If the student population has declined over the 5-
792year period preceding the due date for submittal of an
793interlocal agreement by the local government and the district
794school board, the local government and the district school board
795may petition the state land planning agency for a waiver of one
796or more requirements of subsection (2). The waiver must be
797granted if the procedures called for in subsection (2) are
798unnecessary because of the school district's declining school
799age population, considering the district's 5-year facilities
800work program prepared pursuant to s. 1013.35. The state land
801planning agency may modify or revoke the waiver upon a finding
802that the conditions upon which the waiver was granted no longer
803exist. The district school board and local governments must
804submit an interlocal agreement within 1 year after notification
805by the state land planning agency that the conditions for a
806waiver no longer exist.
807     (c)(d)  Interlocal agreements between local governments and
808district school boards adopted pursuant to s. 163.3177 before
809the effective date of this section must be updated and executed
810pursuant to the requirements of this section, if necessary.
811Amendments to interlocal agreements adopted pursuant to this
812section must be submitted to the state land planning agency
813within 30 days after execution by the parties for review
814consistent with this section. Local governments and the district
815school board in each school district are encouraged to adopt a
816single updated interlocal agreement to which all join as
817parties. The state land planning agency shall assemble and make
818available model interlocal agreements meeting the requirements
819of this section and notify local governments and, jointly with
820the Department of Education, the district school boards of the
821requirements of this section, the dates for compliance, and the
822sanctions for noncompliance. The state land planning agency
823shall be available to informally review proposed interlocal
824agreements. If the state land planning agency has not received a
825proposed interlocal agreement for informal review, the state
826land planning agency shall, at least 60 days before the deadline
827for submission of the executed agreement, renotify the local
828government and the district school board of the upcoming
829deadline and the potential for sanctions.
830     (2)  At a minimum, The interlocal agreement shall
831acknowledge the school board's constitutional and statutory
832obligations to provide a uniform system of free public schools
833on a countywide basis and the land use authority of local
834governments, including their authority to approve or deny
835comprehensive plan amendments and development orders. The
836interlocal agreement must address the following issues:
837     (a)  Establish the mechanisms for coordinating the
838development, adoption, and amendment of each local government's
839public school facilities element with each other and the plans
840of the school board to ensure a uniform districtwide school
841concurrency system.
842     (b)  Establish a process for the development of siting
843criteria which encourages the location of public schools
844proximate to urban residential areas to the extent possible and
845seeks to collocate schools with other public facilities such as
846parks, libraries, and community centers to the extent possible.
847     (c)  Specify uniform, districtwide level-of-service
848standards for public schools of the same type and the process
849for modifying the adopted levels-of-service standards.
850     (d)  A process for establishing a financially feasible
851public school capital facilities program and a process and
852schedule for incorporation of the public school capital
853facilities program into the local government comprehensive plans
854on an annual basis.
855     (e)  If school concurrency is to be applied on a less than
856districtwide basis in the form of concurrency service areas, the
857agreement shall establish criteria and standards for the
858establishment and modification of school concurrency service
859areas. The agreement shall also establish a process and schedule
860for the mandatory incorporation of the school concurrency
861service areas and the criteria and standards for establishment
862of the service areas into the local government comprehensive
863plans. The agreement shall ensure maximum utilization of school
864capacity, taking into account transportation costs and court-
865approved desegregation plans, as well as other applicable
866factors.
867     (f)  Establish a uniform districtwide procedure for
868implementing school concurrency which provides for:
869     1.  The evaluation of development applications for
870compliance with school concurrency requirements, including
871information provided by the school board on affected schools.
872     2.  The monitoring and evaluation of the school concurrency
873system.
874     (g)  A process and uniform methodology for determining
875proportionate-share mitigation pursuant to s. 380.06.
876     (h)(a)  A process by which each local government and the
877district school board agree and base their plans on consistent
878projections of the amount, type, and distribution of population
879growth and student enrollment. The geographic distribution of
880jurisdiction-wide growth forecasts is a major objective of the
881process.
882     (i)(b)  A process to coordinate and share information
883relating to existing and planned public school facilities,
884including school renovations and closures, and local government
885plans for development and redevelopment.
886     (j)(c)  Participation by affected local governments with
887the district school board in the process of evaluating potential
888school closures, significant renovations to existing schools,
889and new school site selection before land acquisition. Local
890governments shall advise the district school board as to the
891consistency of the proposed closure, renovation, or new site
892with the local comprehensive plan, including appropriate
893circumstances and criteria under which a district school board
894may request an amendment to the comprehensive plan for school
895siting.
896     (k)(d)  A process for determining the need for and timing
897of onsite and offsite improvements to support new, proposed
898expansion, or redevelopment of existing schools. The process
899must address identification of the party or parties responsible
900for the improvements.
901     (e)  A process for the school board to inform the local
902government regarding school capacity. The capacity reporting
903must be consistent with laws and rules relating to measurement
904of school facility capacity and must also identify how the
905district school board will meet the public school demand based
906on the facilities work program adopted pursuant to s. 1013.35.
907     (l)(f)  Participation of the local governments in the
908preparation of the annual update to the district school board's
9095-year district facilities work program and educational plant
910survey prepared pursuant to s. 1013.35.
911     (m)(g)  A process for determining where and how joint use
912of either school board or local government facilities can be
913shared for mutual benefit and efficiency.
914     (n)(h)  A procedure for the resolution of disputes between
915the district school board and local governments, which may
916include the dispute resolution processes contained in chapters
917164 and 186.
918     (o)(i)  An oversight process, including an opportunity for
919public participation, for the implementation of the interlocal
920agreement.
921     (p)  A process for development of a public school
922facilities element pursuant to 163.3177(12).
923     (q)  Provisions for siting and modification or enhancements
924to existing school facilities so as to encourage urban infill
925and redevelopment.
926     (r)  A process for the use and conversion of historic
927school facilities that are no longer suitable for educational
928purposes as determined by the district school board.
929     (s)  A process for informing the local government regarding
930the effect of comprehensive plan amendments and rezonings on
931school capacity. The capacity reporting must be consistent with
932laws and rules relating to measurement of school facility
933capacity and must also identify how the district school board
934will meet the public school demand based on the facilities work
935program adopted pursuant to s. 1013.35.
936     (t)  A process to ensure an opportunity for the school
937board to review and comment on the effect of comprehensive plan
938amendments and rezonings on the public school facilities plan.
939
940For those local governments that receive a waiver pursuant to s.
941163.3177(2)(a), the interlocal agreement shall not include the
942issues provided for in paragraphs (a), (c), (d), (e), (f), (g),
943and (p). For counties or municipalities that do not have a
944public schools interlocal agreement or public school facility
945element, the assessment shall determine whether the local
946government continues to meet the criteria of s. 163.3177(12). If
947the county or municipality determines that it no longer meets
948the criteria, the county or municipality must adopt appropriate
949school concurrency goals, objectives, and policies in its plan
950amendments pursuant to the requirements of the public school
951facility element and enter into the existing interlocal
952agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
953order to fully participate in the school concurrency system. A
954signatory to the interlocal agreement may elect not to include a
955provision meeting the requirements of paragraph (e); however,
956such a decision may be made only after a public hearing on such
957election, which may include the public hearing in which a
958district school board or a local government adopts the
959interlocal agreement. An interlocal agreement entered into
960pursuant to this section must be consistent with the adopted
961comprehensive plan and land development regulations of any local
962government that is a signatory.
963     (3)(a)  The updated interlocal agreement, adopted pursuant
964to the schedule adopted in accordance with s. 163.3177(12)(h),
965and any subsequent amendments must be submitted to the state
966land planning agency and the Office of Educational Facilities
967within 30 days after execution by the parties for review
968consistent with this section. The office and SMART Schools
969Clearinghouse shall submit any comments or concerns regarding
970the executed interlocal agreement or amendments to the state
971land planning agency within 30 days after receipt of the
972executed interlocal agreement or amendments. The state land
973planning agency shall review the updated executed interlocal
974agreement to determine whether it is consistent with the
975requirements of subsection (2), the adopted local government
976comprehensive plan, and other requirements of law. Within 60
977days after receipt of an updated executed interlocal agreement
978or amendment, the state land planning agency shall publish a
979notice on the agency's Internet website that states of intent in
980the Florida Administrative Weekly and shall post a copy of the
981notice on the agency's Internet site. The notice of intent must
982state whether the interlocal agreement is consistent or
983inconsistent with the requirements of subsection (2) and this
984subsection, as appropriate.
985     (b)  The state land planning agency's notice is subject to
986challenge under chapter 120; however, an affected person, as
987defined in s. 163.3184(1)(a), has standing to initiate the
988administrative proceeding, and this proceeding is the sole means
989available to challenge the consistency of an interlocal
990agreement required by this section with the criteria contained
991in subsection (2) and this subsection. In order to have
992standing, each person must have submitted oral or written
993comments, recommendations, or objections to the local government
994or the school board before the adoption of the interlocal
995agreement by the school board and local government. The district
996school board and local governments are parties to any such
997proceeding. In this proceeding, when the state land planning
998agency finds the interlocal agreement to be consistent with the
999criteria in subsection (2) and this subsection, the interlocal
1000agreement shall be determined to be consistent with subsection
1001(2) and this subsection if the local government's and school
1002board's determination of consistency is fairly debatable. When
1003the state planning agency finds the interlocal agreement to be
1004inconsistent with the requirements of subsection (2) and this
1005subsection, the local government's and school board's
1006determination of consistency shall be sustained unless it is
1007shown by a preponderance of the evidence that the interlocal
1008agreement is inconsistent.
1009     (c)  If the state land planning agency enters a final order
1010that finds that the interlocal agreement is inconsistent with
1011the requirements of subsection (2) or this subsection, it shall
1012forward it to the Administration Commission, which may impose
1013sanctions against the local government pursuant to s.
1014163.3184(11) and may impose sanctions against the district
1015school board by directing the Department of Education to
1016withhold from the district school board an equivalent amount of
1017funds for school construction available pursuant to ss. 1013.65,
10181013.68, 1013.70, and 1013.72.
1019     (4)  If an updated executed interlocal agreement is not
1020timely submitted to the state land planning agency for review,
1021the state land planning agency shall, within 15 working days
1022after the deadline for submittal, issue to the local government
1023and the district school board a Notice to Show Cause why
1024sanctions should not be imposed for failure to submit an
1025executed interlocal agreement by the deadline established by the
1026agency. The agency shall forward the notice and the responses to
1027the Administration Commission, which may enter a final order
1028citing the failure to comply and imposing sanctions against the
1029local government and district school board by directing the
1030appropriate agencies to withhold at least 5 percent of state
1031funds pursuant to s. 163.3184(11) and by directing the
1032Department of Education to withhold from the district school
1033board at least 5 percent of funds for school construction
1034available pursuant to ss. 1013.65, 1013.68, 1013.70, and
10351013.72.
1036     (5)  Any local government transmitting a public school
1037element to implement school concurrency pursuant to the
1038requirements of s. 163.3180 before July 1, 2005 the effective
1039date of this section is not required to amend the element or any
1040interlocal agreement to conform with the provisions of this
1041section if the element is adopted prior to or within 1 year
1042after the effective date of this section and remains in effect.
1043     (6)  Except as provided in subsection (7), municipalities
1044meeting the exemption criteria in s. 163.3177(12) having no
1045established need for a new school facility and meeting the
1046following criteria are exempt from the requirements of
1047subsections (1), (2), and (3).:
1048     (a)  The municipality has no public schools located within
1049its boundaries.
1050     (b)  The district school board's 5-year facilities work
1051program and the long-term 10-year and 20-year work programs, as
1052provided in s. 1013.35, demonstrate that no new school facility
1053is needed in the municipality. In addition, the district school
1054board must verify in writing that no new school facility will be
1055needed in the municipality within the 5-year and 10-year
1056timeframes.
1057     (7)  At the time of the evaluation and appraisal report,
1058each exempt municipality shall assess the extent to which it
1059continues to meet the criteria for exemption under s.
1060163.3177(12) subsection (6). If the municipality continues to
1061meet these criteria and the district school board verifies in
1062writing that no new school facilities will be needed within the
10635-year and 10-year timeframes, the municipality shall continue
1064to be exempt from the interlocal-agreement requirement. Each
1065municipality exempt under s. 163.3177(12) subsection (6) must
1066comply with the provisions of this section within 1 year after
1067the district school board proposes, in its 5-year district
1068facilities work program, a new school within the municipality's
1069jurisdiction.
1070     Section 6.  Paragraph (a) of subsection (1), paragraphs (a)
1071and (c) of subsection (2), paragraph (c) of subsection (4),
1072subsections (5), (7), (9), (10), and (13), and paragraph (a) of
1073subsection (15) of section 163.3180, Florida Statutes, are
1074amended, and subsections (16) and (17) are added to said
1075section, to read:
1076     163.3180  Concurrency.--
1077     (1)(a)  Sanitary sewer, solid waste, drainage, potable
1078water, parks and recreation, schools, and transportation
1079facilities, including mass transit, where applicable, are the
1080only public facilities and services subject to the concurrency
1081requirement on a statewide basis. Additional public facilities
1082and services may not be made subject to concurrency on a
1083statewide basis without appropriate study and approval by the
1084Legislature; however, any local government may extend the
1085concurrency requirement so that it applies to additional public
1086facilities within its jurisdiction.
1087     (2)(a)  Consistent with public health and safety, sanitary
1088sewer, solid waste, drainage, adequate water supplies, and
1089potable water facilities shall be in place and available to
1090serve new development no later than the issuance by the local
1091government of a certificate of occupancy or its functional
1092equivalent.
1093     (c)  Consistent with the public welfare, and except as
1094otherwise provided in this section, transportation facilities
1095designated as part of the Florida Intrastate Highway System
1096needed to serve new development shall be in place or under
1097actual construction within 3 not more than 5 years after
1098issuance by the local government of a building permit
1099certificate of occupancy or its functional equivalent for
1100construction of a facility that results in actual traffic
1101generation. For purposes of this paragraph, if the construction
1102funding needed for facilities is in the third year of the
1103Department of Transportation's work program or the local
1104government's schedule of capital improvements, the under-actual-
1105construction requirements of this paragraph shall be deemed to
1106have been met. This provision shall not apply to developments of
1107regional impact for which a development order has been issued or
1108for which a development of regional impact application has been
1109found sufficient prior to the effective date of this act. Other
1110transportation facilities needed to serve new development shall
1111be in place or under actual construction no more than 3 years
1112after issuance by the local government of a certificate of
1113occupancy or its functional equivalent.
1114     (4)
1115     (c)  The concurrency requirement, except as it relates to
1116transportation and public school facilities, as implemented in
1117local government comprehensive plans, may be waived by a local
1118government for urban infill and redevelopment areas designated
1119pursuant to s. 163.2517 if such a waiver does not endanger
1120public health or safety as defined by the local government in
1121its local government comprehensive plan. The waiver shall be
1122adopted as a plan amendment pursuant to the process set forth in
1123s. 163.3187(3)(a). A local government may grant a concurrency
1124exception pursuant to subsection (5) for transportation
1125facilities located within these urban infill and redevelopment
1126areas. Within designated urban infill and redevelopment areas,
1127the local government and Department of Transportation shall
1128cooperatively establish a plan for maintaining the adopted
1129level-of-service standards established by the Department of
1130Transportation for Strategic Intermodal System facilities, as
1131defined in s. 339.64. If the proposed concurrency exception area
1132is located within the boundaries of a  municipality, the
1133municipality shall consult with the county to assess the impact
1134the proposed concurrency exception area is expected to have on
1135the adopted level of-service standards established for county
1136roads.
1137     (5)(a)  The Legislature finds that under limited
1138circumstances dealing with transportation facilities,
1139countervailing planning and public policy goals may come into
1140conflict with the requirement that adequate public facilities
1141and services be available concurrent with the impacts of such
1142development. The Legislature further finds that often the
1143unintended result of the concurrency requirement for
1144transportation facilities is the discouragement of urban infill
1145development and redevelopment. Such unintended results directly
1146conflict with the goals and policies of the state comprehensive
1147plan and the intent of this part. Therefore, exceptions from the
1148concurrency requirement for transportation facilities may be
1149granted as provided by this subsection.
1150     (b)  A local government may grant an exception from the
1151concurrency requirement for transportation facilities if the
1152proposed development is otherwise consistent with the adopted
1153local government comprehensive plan and is a project that
1154promotes public transportation or is located within an area
1155designated in the comprehensive plan for:
1156     1.  Urban infill development,
1157     2.  Urban redevelopment,
1158     3.  Downtown revitalization, or
1159     4.  Urban infill and redevelopment under s. 163.2517.
1160     (c)  The Legislature also finds that developments located
1161within urban infill, urban redevelopment, existing urban
1162service, or downtown revitalization areas or areas designated as
1163urban infill and redevelopment areas under s. 163.2517 which
1164pose only special part-time demands on the transportation system
1165should be excepted from the concurrency requirement for
1166transportation facilities. A special part-time demand is one
1167that does not have more than 200 scheduled events during any
1168calendar year and does not affect the 100 highest traffic volume
1169hours.
1170     (d)  A local government shall establish guidelines for
1171granting the exceptions authorized in paragraphs (b) and (c) in
1172the comprehensive plan. These guidelines must include
1173consideration of the Strategic Intermodal System impacts on the
1174Florida Intrastate Highway System, as defined in s. 338.001. The
1175exceptions may be available only within the specific geographic
1176area of the jurisdiction designated in the plan. Pursuant to s.
1177163.3184, any affected person may challenge a plan amendment
1178establishing these guidelines and the areas within which an
1179exception could be granted. Prior to the designation of a
1180concurrency management area, the Department of Transportation
1181shall be consulted by the local government to assess the impact
1182that the proposed concurrency management area is expected to
1183have on the adopted level-of-service standards established for
1184Strategic Intermodal System facilities, as defined in s. 339.64.
1185Within designated urban infill and redevelopment areas, the
1186local government and Department of Transportation shall
1187cooperatively establish a plan for maintaining the adopted
1188level-of-service standards established by the Department of
1189Transportation for Strategic Intermodal System facilities
1190pursuant to s. 339.64.
1191     (e)  It is a high state priority that urban infill and
1192redevelopment be promoted and provide incentives. By promoting
1193the revitalization of existing communities of this state, a more
1194efficient maximization of space and facilities may be achieved
1195and urban sprawl will be discouraged. If a local government
1196creates a long-term vision for its community that includes
1197adequate funding and services and multimodal transportation
1198options, the transportation facilities concurrency requirements
1199of paragraph (2)(c) are waived for:
1200     1.a.  Urban infill development as designated in the
1201comprehensive plan;
1202     b.  Urban redevelopment as designated in the comprehensive
1203plan;
1204     c.  Downtown revitalization as designated in the
1205comprehensive plan; or
1206     d.  Urban infill and redevelopment under s. 163.2517 as
1207designated in the comprehensive plan.
1208
1209The local government and Department of Transportation shall
1210cooperatively establish a plan for maintaining the adopted
1211level-of-service standards established by the Department of
1212Transportation for Strategic Intermodal System facilities, as
1213defined in s. 339.64. If a municipality creates a long-term
1214vision for its community pursuant to this paragraph, which
1215includes a waiver from the transportation concurrency
1216requirements established in s. 163.3180(2)(c), the municipality
1217must consult with the county to assess the impact that granting
1218waivers is expected to have on the adopted level of-service
1219standards established for county roads.
1220     2.  Municipalities that are at least 90 percent built-out.
1221For purposes of this exemption:
1222     a.  The term "built-out" means that 90 percent of the
1223property within the municipality's boundaries, excluding lands
1224that are designated as conservation, preservation, recreation,
1225or public facilities categories, have been developed, or are the
1226subject of an approved development order that has received a
1227building permit and the municipality has an average density of 5
1228units per acre for residential developments.
1229     b.  The municipality must have adopted an ordinance that
1230provides the methodology for determining its built-out
1231percentage, declares that transportation concurrency
1232requirements are waived within its municipal boundary or within
1233a designated area of the municipality, and addresses multimodal
1234options and strategies, including alternative modes of
1235transportation within the municipality. Prior to the adoption of
1236the ordinance, the Department of Transportation shall be
1237consulted by the local government to assess the impact that the
1238waiver of the transportation concurrency requirements is
1239expected to have on the adopted level-of-service standards
1240established for Strategic Intermodal System facilities, as
1241defined in s. 339.64. Further, the local government shall
1242cooperatively establish a plan for maintaining the adopted
1243level-of-service standards established by the department for
1244Strategic Intermodal System facilities, as defined in s. 339.64.
1245     c.  If a municipality annexes any property, the
1246municipality must recalculate its built-out percentage pursuant
1247to the methodology set forth in its ordinance to verify whether
1248the annexed property may be included within this exemption.
1249     d.  If transportation concurrency requirements are waived
1250under this subparagraph, the municipality must adopt a
1251comprehensive plan amendment pursuant to s. 163.3187(1)(c) which
1252updates its transportation element to reflect the transportation
1253concurrency requirements waiver and must submit a copy of its
1254ordinance adopted in subparagraph b. to the state land planning
1255agency.
1256     (7)  In order to promote infill development and
1257redevelopment, one or more transportation concurrency management
1258areas may be designated in a local government comprehensive
1259plan. A transportation concurrency management area must be a
1260compact geographic area with an existing network of roads where
1261multiple, viable alternative travel paths or modes are available
1262for common trips. A local government may establish an areawide
1263level-of-service standard for such a transportation concurrency
1264management area based upon an analysis that provides for a
1265justification for the areawide level of service, how urban
1266infill development or redevelopment will be promoted, and how
1267mobility will be accomplished within the transportation
1268concurrency management area. The state land planning agency
1269shall amend chapter 9J-5, Florida Administrative Code, to be
1270consistent with this subsection.
1271     (9)(a)  Each local government may adopt as a part of its
1272plan a long-term transportation and school concurrency
1273management systems system with a planning period of up to 10
1274years for specially designated districts or areas where
1275significant backlogs exist. The plan may include interim level-
1276of-service standards on certain facilities and shall may rely on
1277the local government's schedule of capital improvements for up
1278to 10 years as a basis for issuing development orders that
1279authorize commencement of construction permits in these
1280designated districts or areas. The concurrency management
1281system. It must be designed to correct existing deficiencies and
1282set priorities for addressing backlogged facilities. The
1283concurrency management system It must be financially feasible
1284and consistent with other portions of the adopted local plan,
1285including the future land use map.
1286     (b)  If a local government has a transportation or school
1287facility backlog for existing development which cannot be
1288adequately addressed in a 10-year plan, the state land planning
1289agency may allow it to develop a plan and long-term schedule of
1290capital improvements covering of up to 15 years for good and
1291sufficient cause, based on a general comparison between that
1292local government and all other similarly situated local
1293jurisdictions, using the following factors:
1294     1.  The extent of the backlog.
1295     2.  For roads, whether the backlog is on local or state
1296roads.
1297     3.  The cost of eliminating the backlog.
1298     4.  The local government's tax and other revenue-raising
1299efforts.
1300     (c)  The local government may issue approvals to commence
1301construction, notwithstanding s. 163.3180, consistent with and
1302in areas that are subject to a long-term concurrency management
1303system.
1304     (d)  If the local government adopts a long-term concurrency
1305management system, the government must evaluate the system
1306periodically. At a minimum, the local government must assess its
1307progress toward improving levels of service within the long-term
1308concurrency management district or area in the evaluation and
1309appraisal report and determine any changes that are necessary to
1310accelerate progress in meeting acceptable levels of service or
1311providing other methods of transportation.
1312     (10)  With regard to roadway facilities on the Strategic
1313Intermodal System designated in accordance with ss. 339.61,
1314339.62, 339.63, and 339.64 Florida Intrastate Highway System as
1315defined in s. 338.001, with concurrence from the Department of
1316Transportation, the level-of-service standard for general lanes
1317in urbanized areas, as defined in s. 334.03(36), may be
1318established by the local government in the comprehensive plan.
1319For all other facilities on the Florida Intrastate Highway
1320System, local governments shall adopt the level-of-service
1321standard established by the Department of Transportation by
1322rule. For all other roads on the State Highway System, local
1323governments shall establish an adequate level-of-service
1324standard that need not be consistent with any level-of-service
1325standard established by the Department of Transportation.
1326     (13)  In accordance with the schedule adopted in accordance
1327with s. 163.3177(12)(h), school concurrency, if imposed by local
1328option, shall be established on a districtwide basis and shall
1329include all public schools in the district and all portions of
1330the district, whether located in a municipality or an
1331unincorporated area unless exempt from the public school
1332facilities element pursuant to s. 163.3177(12), except that this
1333subsection shall not apply to the Florida School for the Deaf
1334and the Blind. The development of school concurrency shall be
1335accomplished through a coordinated process including the local
1336school district, the county, and all nonexempt municipalities
1337within the county and shall be reflected in the public school
1338facilities element adopted pursuant to the schedule provided for
1339in s. 163.3177(12)(h). The school concurrency requirement shall
1340not be effective until the adoption of the public school
1341facilities element. The application of school concurrency to
1342development shall be based upon the adopted comprehensive plan,
1343as amended. All local governments within a county, except as
1344provided in paragraph (f), shall adopt and transmit to the state
1345land planning agency the necessary plan amendments, along with
1346the interlocal agreement, for a compliance review pursuant to s.
1347163.3184(7) and (8). School concurrency shall not become
1348effective in a county until all local governments, except as
1349provided in paragraph (f), have adopted the necessary plan
1350amendments, which together with the interlocal agreement, are
1351determined to be in compliance with the requirements of this
1352part. The minimum requirements for school concurrency are the
1353following:
1354     (a)  Public school facilities element.--A local government
1355shall adopt and transmit to the state land planning agency a
1356plan or plan amendment which includes a public school facilities
1357element which is consistent with the requirements of s.
1358163.3177(12) and which is determined to be in compliance as
1359defined in s. 163.3184(1)(b). All local government public school
1360facilities plan elements within a county must be consistent with
1361each other as well as the requirements of this part.
1362     (b)  Level-of-service standards.--The Legislature
1363recognizes that an essential requirement for a concurrency
1364management system is the level of service at which a public
1365facility is expected to operate.
1366     1.  Local governments and school boards imposing school
1367concurrency shall exercise authority in conjunction with each
1368other to establish jointly adequate level-of-service standards,
1369as defined in chapter 9J-5, Florida Administrative Code,
1370necessary to implement the adopted local government
1371comprehensive plan, based on data and analysis.
1372     2.  Public school level-of-service standards shall be
1373included and adopted into the capital improvements element of
1374the local comprehensive plan and shall apply districtwide to all
1375schools of the same type. Types of schools may include charter,
1376elementary, middle, and high schools as well as special purpose
1377facilities such as magnet schools.
1378     3.  Local governments and school boards shall have the
1379option to utilize tiered level-of-service standards to allow
1380time to achieve an adequate and desirable level of service as
1381circumstances warrant.
1382     (c)  Service areas.--The Legislature recognizes that an
1383essential requirement for a concurrency system is a designation
1384of the area within which the level of service will be measured
1385when an application for a residential development permit is
1386reviewed for school concurrency purposes. This delineation is
1387also important for purposes of determining whether the local
1388government has a financially feasible public school capital
1389facilities program that will provide schools which will achieve
1390and maintain the adopted level-of-service standards.
1391     1.  In order to balance competing interests, preserve the
1392constitutional concept of uniformity, and avoid disruption of
1393existing educational and growth management processes, local
1394governments are encouraged to initially apply school concurrency
1395to development only on a districtwide basis so that a
1396concurrency determination for a specific development will be
1397based upon the availability of school capacity districtwide. To
1398ensure that development is coordinated with schools having
1399available capacity, within 5 years after adoption of school
1400concurrency local governments shall apply school concurrency on
1401a less than districtwide basis, such as using school attendance
1402zones or concurrency service areas, as provided in subparagraph
14032.
1404     2.  For local governments applying school concurrency on a
1405less than districtwide basis, such as utilizing school
1406attendance zones or larger school concurrency service areas,
1407local governments and school boards shall have the burden to
1408demonstrate that the utilization of school capacity is maximized
1409to the greatest extent possible in the comprehensive plan and
1410amendment, taking into account transportation costs and court-
1411approved desegregation plans, as well as other factors. In
1412addition, in order to achieve concurrency within the service
1413area boundaries selected by local governments and school boards,
1414the service area boundaries, together with the standards for
1415establishing those boundaries, shall be identified and, included
1416as supporting data and analysis for, and adopted as part of the
1417comprehensive plan. Any subsequent change to the service area
1418boundaries for purposes of a school concurrency system shall be
1419by plan amendment and shall be exempt from the limitation on the
1420frequency of plan amendments in s. 163.3187(1).
1421     3.  Where school capacity is available on a districtwide
1422basis but school concurrency is applied on a less than
1423districtwide basis in the form of concurrency service areas, if
1424the adopted level-of-service standard cannot be met in a
1425particular service area as applied to an application for a
1426development permit through mitigation or other measures and if
1427the needed capacity for the particular service area is available
1428in one or more contiguous service areas, as adopted by the local
1429government, then the development order  may not shall be denied
1430on the basis of school concurrency, and if issued, development
1431impacts shall be shifted to contiguous service areas with
1432schools having available capacity and mitigation measures shall
1433not be exacted.
1434     (d)  Financial feasibility.--The Legislature recognizes
1435that financial feasibility is an important issue because the
1436premise of concurrency is that the public facilities will be
1437provided in order to achieve and maintain the adopted level-of-
1438service standard. This part and chapter 9J-5, Florida
1439Administrative Code, contain specific standards to determine the
1440financial feasibility of capital programs. These standards were
1441adopted to make concurrency more predictable and local
1442governments more accountable.
1443     1.  A comprehensive plan amendment seeking to impose school
1444concurrency shall contain appropriate amendments to the capital
1445improvements element of the comprehensive plan, consistent with
1446the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
1447Administrative Code. The capital improvements element shall set
1448forth a financially feasible public school capital facilities
1449program, established in conjunction with the school board, that
1450demonstrates that the adopted level-of-service standards will be
1451achieved and maintained.
1452     2.  Such amendments shall demonstrate that the public
1453school capital facilities program meets all of the financial
1454feasibility standards of this part and chapter 9J-5, Florida
1455Administrative Code, that apply to capital programs which
1456provide the basis for mandatory concurrency on other public
1457facilities and services.
1458     3.  When the financial feasibility of a public school
1459capital facilities program is evaluated by the state land
1460planning agency for purposes of a compliance determination, the
1461evaluation shall be based upon the service areas selected by the
1462local governments and school board.
1463     (e)  Availability standard.--Consistent with the public
1464welfare, a local government may not deny an application for site
1465plan or final subdivision approval, or a functional equivalent
1466for a development or phase of a development, permit authorizing
1467residential development for failure to achieve and maintain the
1468level-of-service standard for public school capacity in a local
1469option school concurrency management system where adequate
1470school facilities will be in place or under actual construction
1471within 3 years after the permit issuance by the local government
1472of site plan or final subdivision approval or its functional
1473equivalent. School concurrency shall be satisfied if the
1474developer executes a legally binding commitment to provide
1475mitigation proportionate to the demand for public school
1476facilities to be created by actual development of the property,
1477including, but not limited to, the options described in
1478subparagraph 1. Approval of a funding agreement shall not be
1479unreasonably withheld. Any dispute shall be mediated pursuant to
1480s. 120.573. Options for proportionate-share mitigation of
1481impacts on public school facilities shall be established in the
1482interlocal agreement pursuant to s. 163.31777.
1483     1.  Appropriate mitigation options include the contribution
1484of land; the construction, expansion, or payment for land
1485acquisition or construction of a public school facility; or the
1486creation of mitigation banking based on the construction of a
1487public school facility in exchange for the right to sell
1488capacity credits. Such options must include execution by the
1489applicant and the local government of a binding development
1490agreement that constitutes a legally binding commitment to pay
1491proportionate-share mitigation for the additional residential
1492units approved by the local government in a development order
1493and actually developed on the property, taking into account
1494residential density allowed on the property prior to the plan
1495amendment that increased overall residential density. Mitigation
1496for development impacts to public schools requires the
1497concurrence of the local school board. As a condition of its
1498entry into such a development agreement, the local government
1499may require the landowner to agree to continuing renewal of the
1500agreement upon its expiration.
1501     2.  If the education facilities plan and the public
1502educational facilities element authorize a contribution of land;
1503the construction, expansion, or payment for land acquisition; or
1504the construction or expansion of a public school facility, or a
1505portion of such facility, as proportionate-share mitigation, the
1506local government shall credit such a contribution, construction,
1507expansion, or payment toward any other impact fee or exaction
1508imposed by local ordinance for the same need, on a dollar-for-
1509dollar basis at fair market value.
1510     3.  Any proportionate-share mitigation must be directed by
1511the school board toward a school capacity improvement that is
1512identified in the financially feasible 5-year district work plan
1513and that will be provided in accordance with a legally binding
1514agreement.
1515     (f)  Intergovernmental coordination.--
1516     1.  When establishing concurrency requirements for public
1517schools, a local government shall satisfy the requirements for
1518intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1519and 2., except that a municipality is not required to be a
1520signatory to the interlocal agreement required by ss. s.
1521163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1522imposition of school concurrency, and as a nonsignatory, shall
1523not participate in the adopted local school concurrency system,
1524if the municipality meets all of the following criteria for
1525having no significant impact on school attendance:
1526     a.  The municipality has issued development orders for
1527fewer than 50 residential dwelling units during the preceding 5
1528years, or the municipality has generated fewer than 25
1529additional public school students during the preceding 5 years.
1530     b.  The municipality has not annexed new land during the
1531preceding 5 years in land use categories which permit
1532residential uses that will affect school attendance rates.
1533     c.  The municipality has no public schools located within
1534its boundaries.
1535     d.  At least 80 percent of the developable land within the
1536boundaries of the municipality has been built upon.
1537     2.  A municipality which qualifies as having no significant
1538impact on school attendance pursuant to the criteria of
1539subparagraph 1. must review and determine at the time of its
1540evaluation and appraisal report pursuant to s. 163.3191 whether
1541it continues to meet the criteria pursuant to s. 163.31777(6).
1542If the municipality determines that it no longer meets the
1543criteria, it must adopt appropriate school concurrency goals,
1544objectives, and policies in its plan amendments based on the
1545evaluation and appraisal report, and enter into the existing
1546interlocal agreement required by ss. s. 163.3177(6)(h)2. and
1547163.31777, in order to fully participate in the school
1548concurrency system. If such a municipality fails to do so, it
1549will be subject to the enforcement provisions of s. 163.3191.
1550     (g)  Interlocal agreement for school concurrency.--When
1551establishing concurrency requirements for public schools, a
1552local government must enter into an interlocal agreement which
1553satisfies the requirements in s. 163.3177(6)(h)1. and 2. and the
1554requirements of this subsection. The interlocal agreement shall
1555acknowledge both the school board's constitutional and statutory
1556obligations to provide a uniform system of free public schools
1557on a countywide basis, and the land use authority of local
1558governments, including their authority to approve or deny
1559comprehensive plan amendments and development orders. The
1560interlocal agreement shall be submitted to the state land
1561planning agency by the local government as a part of the
1562compliance review, along with the other necessary amendments to
1563the comprehensive plan required by this part. In addition to the
1564requirements of s. 163.3177(6)(h), the interlocal agreement
1565shall meet the following requirements:
1566     1.  Establish the mechanisms for coordinating the
1567development, adoption, and amendment of each local government's
1568public school facilities element with each other and the plans
1569of the school board to ensure a uniform districtwide school
1570concurrency system.
1571     2.  Establish a process by which each local government and
1572the school board shall agree and base their plans on consistent
1573projections of the amount, type, and distribution of population
1574growth and coordinate and share information relating to existing
1575and planned public school facilities projections and proposals
1576for development and redevelopment, and infrastructure required
1577to support public school facilities.
1578     3.  Establish a process for the development of siting
1579criteria which encourages the location of public schools
1580proximate to urban residential areas to the extent possible and
1581seeks to collocate schools with other public facilities such as
1582parks, libraries, and community centers to the extent possible.
1583     4.  Specify uniform, districtwide level-of-service
1584standards for public schools of the same type and the process
1585for modifying the adopted levels-of-service standards.
1586     5.  Establish a process for the preparation, amendment, and
1587joint approval by each local government and the school board of
1588a public school capital facilities program which is financially
1589feasible, and a process and schedule for incorporation of the
1590public school capital facilities program into the local
1591government comprehensive plans on an annual basis.
1592     6.  Define the geographic application of school
1593concurrency. If school concurrency is to be applied on a less
1594than districtwide basis in the form of concurrency service
1595areas, the agreement shall establish criteria and standards for
1596the establishment and modification of school concurrency service
1597areas. The agreement shall also establish a process and schedule
1598for the mandatory incorporation of the school concurrency
1599service areas and the criteria and standards for establishment
1600of the service areas into the local government comprehensive
1601plans. The agreement shall ensure maximum utilization of school
1602capacity, taking into account transportation costs and court-
1603approved desegregation plans, as well as other factors. The
1604agreement shall also ensure the achievement and maintenance of
1605the adopted level-of-service standards for the geographic area
1606of application throughout the 5 years covered by the public
1607school capital facilities plan and thereafter by adding a new
1608fifth year during the annual update.
1609     7.  Establish a uniform districtwide procedure for
1610implementing school concurrency which provides for:
1611     a.  The evaluation of development applications for
1612compliance with school concurrency requirements;
1613     b.  An opportunity for the school board to review and
1614comment on the effect of comprehensive plan amendments and
1615rezonings on the public school facilities plan; and
1616     c.  The monitoring and evaluation of the school concurrency
1617system.
1618     8.  Include provisions relating to termination, suspension,
1619and amendment of the agreement. The agreement shall provide that
1620if the agreement is terminated or suspended, the application of
1621school concurrency shall be terminated or suspended.
1622     (15)
1623     (a)  Multimodal transportation districts may be established
1624under a local government comprehensive plan in areas delineated
1625on the future land use map for which the local comprehensive
1626plan assigns secondary priority to vehicle mobility and primary
1627priority to assuring a safe, comfortable, and attractive
1628pedestrian environment, with convenient interconnection to
1629transit. Such districts must incorporate community design
1630features that will reduce the number of automobile trips or
1631vehicle miles of travel and will support an integrated,
1632multimodal transportation system. Prior to the designation of
1633multimodal transportation districts, the local government shall
1634consult with the Department of Transportation to assess the
1635impact that the proposed multimodal district area is expected to
1636have on the adopted level-of-service standards established for
1637Strategic Intermodal System facilities, as defined in s. 339.64.
1638Within designated urban infill and redevelopment areas, the
1639local government and Department of Transportation shall
1640cooperatively establish a plan for maintaining the adopted
1641level-of-service standards established by the Department of
1642Transportation for Strategic Intermodal System facilities, as
1643defined in s. 339.64. Multimodal transportation districts
1644existing prior to July 1, 2005, shall meet at a minimum, the
1645provision of this section by July 1, 2006, or at the time of the
1646comprehensive plan update pursuant to the evaluation and
1647appraisal report, whichever occurs last.
1648     (16)  It is the intent of the Legislature to provide a
1649method by which the impacts of development on transportation
1650facilities can be mitigated by the cooperative efforts of the
1651public and private sectors. The methodology used to calculate a
1652proportionate fair-share mitigation under this subsection must
1653ensure that development is assessed in a manner and for the
1654purpose of funding public facilities necessary to accommodate
1655any impacts having rational nexus to the proposed development
1656when the need to construct new facilities or add to the present
1657system of public facilities is reasonably attributable to the
1658proposed development.
1659     (a)  In its concurrency management system, a local
1660government shall, by December 1, 2006, include methodologies
1661that will be applied to calculate proportionate fair-share
1662mitigation to satisfy transportation concurrency requirements
1663when the impacted road segments are specifically identified for
1664funding in the 5-year schedule of capital improvements in the
1665capital improvement element of the local plan or the long-term
1666concurrency management system. If a proportionate fair share
1667agreement or development order condition reflects mitigation to
1668a road segment or facility which is not on the 5-year schedule
1669of capital improvements at the time of approval, the local
1670government shall reflect such improvement in the 5-year schedule
1671of capital improvements at the next update of the capital
1672improvement element. Proportionate fair-share mitigation shall
1673be applied as a credit against impact fees to the extent that
1674all or a portion of the proportionate fair-share mitigation is
1675used to address the same capital infrastructure improvements
1676contemplated by the local government's impact fee ordinance.
1677The credit shall not apply to internal, onsite facilities
1678required by local regulations or to any offsite facilities to
1679the extent such facilities are necessary to provide safe and
1680adequate services to the development. The proportionate fair-
1681share share methodology shall be applicable to all development
1682contributing to the need for new or expanded public facilities.
1683By December 1, 2005, the Department of Transportation shall
1684develop a model transportation concurrency management ordinance
1685with methodologies for assessing proportionate fair-share
1686mitigation options.
1687     (b)  A local government may also designate a transportation
1688corridor, district, or area subject to the mitigation; may
1689establish the methodology for determining proportionate fair-
1690share mitigation for development impacts on transportation
1691facilities within such corridor; and shall establish the methods
1692by which such mitigation is calculated and applied to
1693concurrency requirements in the concurrency management system
1694and include the corridor, district, or area in the capital
1695improvements element.
1696     (c)  Proportionate fair-share mitigation includes, without
1697limitation, separately or collectively, private funds,
1698contributions of land, and construction and contribution of
1699facilities and may include public funds as determined by the
1700local government. The fair market value of the proportionate
1701fair-share mitigation shall not differ based on the form of
1702mitigation.
1703     (d)  In order to avoid reaching concurrency problems, a
1704local government may impose proportionate fair-share mitigation
1705adopted under this subsection on a transportation facility
1706regardless of whether it meets or fails to meet the established
1707levels of service.
1708     (e)  The developer and local government shall enter into a
1709development agreement or other legally binding agreement or the
1710development order must contain a condition which evidences the
1711commitment to provide for proportionate fair-share mitigation as
1712authorized under paragraph (a) or paragraph (b). Approval of
1713such agreement shall not be unreasonably withheld. Any dispute
1714over such agreement shall be resolved through mediation or other
1715alternative dispute resolution. Upon execution of such an
1716agreement, concurrency shall be deemed satisfied for the local
1717government development order authorizing the development and no
1718further concurrency proportionate fair-share mitigation may be
1719assessed for such authorized development.
1720     (f)  Nothing in this subsection limits the home rule
1721authority of a local government to enter into a public-private
1722partnership or funding agreement to provide or govern the
1723provision of essential infrastructure deemed necessary by the
1724local government payable from available taxes, fees, special
1725assessments or developer contributions.
1726     (g)  Mitigation for development impacts to facilities on
1727the Strategic Intermodal System made pursuant to this subsection
1728requires the concurrence of the Department of Transportation.
1729However, this does not authorize the Department of
1730Transportation to arbitrarily charge a fee or require additional
1731mitigation. Concurrence by the Department of Transportation may
1732not be withheld unduly.
1733     Section 7.  Paragraph (b) of subsection (1), subsection
1734(4), and paragraph (a) of subsection (6) of section 163.3184,
1735Florida Statutes, are amended to read:
1736     163.3184  Process for adoption of comprehensive plan or
1737plan amendment.--
1738     (1)  DEFINITIONS.--As used in this section, the term:
1739     (b)  "In compliance" means consistent with the requirements
1740of s. ss. 163.3177, 163.31776, when a local government adopts an
1741educational facilities element, 163.3178, 163.3180, 163.3191,
1742and 163.3245, with the state comprehensive plan, with the
1743appropriate strategic regional policy plan, and with chapter 9J-
17445, Florida Administrative Code, where such rule is not
1745inconsistent with this part and with the principles for guiding
1746development in designated areas of critical state concern and
1747with part III of chapter 369, where applicable.
1748     (4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
1749specified in paragraph (3)(a) shall provide comments to the
1750state land planning agency within 30 days after receipt by the
1751state land planning agency of the complete proposed plan
1752amendment. If the plan or plan amendment includes or relates to
1753the public school facilities element pursuant to s. 163.3177
1754163.31776, the state land planning agency shall submit a copy to
1755the Office of Educational Facilities of the Commissioner of
1756Education for review and comment. The appropriate regional
1757planning council shall also provide its written comments to the
1758state land planning agency within 30 days after receipt by the
1759state land planning agency of the complete proposed plan
1760amendment and shall specify any objections, recommendations for
1761modifications, and comments of any other regional agencies to
1762which the regional planning council may have referred the
1763proposed plan amendment. Written comments submitted by the
1764public within 30 days after notice of transmittal by the local
1765government of the proposed plan amendment will be considered as
1766if submitted by governmental agencies. All written agency and
1767public comments must be made part of the file maintained under
1768subsection (2).
1769     (6)  STATE LAND PLANNING AGENCY REVIEW.--
1770     (a)  The state land planning agency may shall review a
1771proposed plan amendment upon request of a regional planning
1772council, affected person, or local government transmitting the
1773plan amendment. The request from the regional planning council
1774or affected person must be received within 30 days after
1775transmittal of the proposed plan amendment pursuant to
1776subsection (3). A regional planning council or affected person
1777requesting a review shall do so by submitting a written request
1778to the agency with a notice of the request to the local
1779government and any other person who has requested notice.
1780     Section 8.  Paragraphs (c) and (l) of subsection (1) of
1781section 163.3187, Florida Statutes, are amended, and paragraph
1782(o) is added to said subsection, to read:
1783     163.3187  Amendment of adopted comprehensive plan.--
1784     (1)  Amendments to comprehensive plans adopted pursuant to
1785this part may be made not more than two times during any
1786calendar year, except:
1787     (c)  Any local government comprehensive plan amendments
1788directly related to proposed small scale development activities
1789may be approved without regard to statutory limits on the
1790frequency of consideration of amendments to the local
1791comprehensive plan. A small scale development amendment may be
1792adopted only under the following conditions:
1793     1.  The proposed amendment involves a use of 10 acres or
1794fewer and:
1795     a.  The cumulative annual effect of the acreage for all
1796small scale development amendments adopted by the local
1797government shall not exceed:
1798     (I)  A maximum of 120 acres in a local government that
1799contains areas specifically designated in the local
1800comprehensive plan for urban infill, urban redevelopment, or
1801downtown revitalization as defined in s. 163.3164, urban infill
1802and redevelopment areas designated under s. 163.2517,
1803transportation concurrency exception areas approved pursuant to
1804s. 163.3180(5), or regional activity centers and urban central
1805business districts approved pursuant to s. 380.06(2)(e);
1806however, amendments under this paragraph may be applied to no
1807more than 60 acres annually of property outside the designated
1808areas listed in this sub-sub-subparagraph. Amendments adopted
1809pursuant to paragraph (k) shall not be counted toward the
1810acreage limitations for small scale amendments under this
1811paragraph.
1812     (II)  A maximum of 80 acres in a local government that does
1813not contain any of the designated areas set forth in sub-sub-
1814subparagraph (I).
1815     (III)  A maximum of 120 acres in a county established
1816pursuant to s. 9, Art. VIII of the State Constitution.
1817     b.  The proposed amendment does not involve the same
1818property granted a change within the prior 12 months.
1819     c.  The proposed amendment does not involve the same
1820owner's property within 200 feet of property granted a change
1821within the prior 12 months.
1822     d.  The proposed amendment does not involve a text change
1823to the goals, policies, and objectives of the local government's
1824comprehensive plan, but only proposes a land use change to the
1825future land use map for a site-specific small scale development
1826activity.
1827     e.  The property that is the subject of the proposed
1828amendment is not located within an area of critical state
1829concern, unless the project subject to the proposed amendment
1830involves the construction of affordable housing units meeting
1831the criteria of s. 420.0004(3), and is located within an area of
1832critical state concern designated by s. 380.0552 or by the
1833Administration Commission pursuant to s. 380.05(1). Such
1834amendment is not subject to the density limitations of sub-
1835subparagraph f., and shall be reviewed by the state land
1836planning agency for consistency with the principles for guiding
1837development applicable to the area of critical state concern
1838where the amendment is located and shall not become effective
1839until a final order is issued under s. 380.05(6).
1840     f.  If the proposed amendment involves a residential land
1841use, the residential land use has a density of 10 units or less
1842per acre, except that this limitation does not apply to small
1843scale amendments involving the construction of affordable
1844housing units meeting the criteria of s. 420.0004(3) on property
1845which will be the subject of a land use restriction agreement or
1846extended use agreement recorded in conjunction with the issuance
1847of tax exempt bond financing or an allocation of federal tax
1848credits issued through the Florida Housing Finance Corporation
1849or a local housing finance authority authorized by the Division
1850of Bond Finance of the State Board of Administration, or small
1851scale amendments described in sub-sub-subparagraph a.(I) that
1852are designated in the local comprehensive plan for urban infill,
1853urban redevelopment, or downtown revitalization as defined in s.
1854163.3164, urban infill and redevelopment areas designated under
1855s. 163.2517, transportation concurrency exception areas approved
1856pursuant to s. 163.3180(5), or regional activity centers and
1857urban central business districts approved pursuant to s.
1858380.06(2)(e).
1859     2.a.  A local government that proposes to consider a plan
1860amendment pursuant to this paragraph is not required to comply
1861with the procedures and public notice requirements of s.
1862163.3184(15)(c) for such plan amendments if the local government
1863complies with the provisions in s. 125.66(4)(a) for a county or
1864in s. 166.041(3)(c) for a municipality. If a request for a plan
1865amendment under this paragraph is initiated by other than the
1866local government, public notice is required.
1867     b.  The local government shall send copies of the notice
1868and amendment to the state land planning agency, the regional
1869planning council, and any other person or entity requesting a
1870copy. This information shall also include a statement
1871identifying any property subject to the amendment that is
1872located within a coastal high hazard area as identified in the
1873local comprehensive plan.
1874     3.  Small scale development amendments adopted pursuant to
1875this paragraph require only one public hearing before the
1876governing board, which shall be an adoption hearing as described
1877in s. 163.3184(7), and are not subject to the requirements of s.
1878163.3184(3)-(6) unless the local government elects to have them
1879subject to those requirements.
1880     (l)  A comprehensive plan amendment to adopt a public
1881educational facilities element pursuant to s. 163.3177 163.31776
1882and future land-use-map amendments for school siting may be
1883approved notwithstanding statutory limits on the frequency of
1884adopting plan amendments.
1885     (o)1.  For municipalities that are more than 90 percent
1886built-out, any municipality's comprehensive plan amendments may
1887be approved without regard to statutory limits on the frequency
1888of consideration of amendments to the local comprehensive plan
1889only if the proposed amendment involves a use of 100 acres or
1890fewer and:
1891     a.  The cumulative annual effect of the acreage for all
1892amendments adopted pursuant to this paragraph does not exceed
1893500 acres.
1894     b.  The proposed amendment does not involve the same
1895property granted a change within the prior 12 months.
1896     c.  The proposed amendment does not involve the same
1897owner's property within 200 feet of property granted a change
1898within the prior 12 months.
1899     d.  The proposed amendment does not involve a text change
1900to the goals, policies, and objectives of the local government's
1901comprehensive plan but only proposes a land use change to the
1902future land use map for a site-specific small scale development
1903activity.
1904     e.  The property that is the subject of the proposed
1905amendment is not located within an area of critical state
1906concern.
1907     2.  For purposes of this paragraph, the term "built-out"
1908means 90 percent of the property within the municipality's
1909boundaries, excluding lands that are designated as conservation,
1910preservation, recreation, or public facilities categories, have
1911been developed, or are the subject of an approved development
1912order that has received a building permit, and the municipality
1913has an average density of 5 units per acre for residential
1914development.
1915     3.a.  A local government that proposes to consider a plan
1916amendment pursuant to this paragraph is not required to comply
1917with the procedures and public notice requirements of s.
1918163.3184(15)(c) for such plan amendments if the local government
1919complies with the provisions of s. 166.041(3)(c). If a request
1920for a plan amendment under this paragraph is initiated by other
1921than the local government, public notice is required.
1922     b.  The local government shall send copies of the notice
1923and amendment to the state land planning agency, the regional
1924planning council, and any other person or entity requesting a
1925copy. This information shall also include a statement
1926identifying any property subject to the amendment that is
1927located within a coastal high hazard area as identified in the
1928local comprehensive plan.
1929     4.  Amendments adopted pursuant to this paragraph require
1930only one public hearing before the governing board, which shall
1931be an adoption hearing as described in s. 163.3184(7), and are
1932not subject to the requirements of s. 163.3184(3)-(6) unless the
1933local government elects to have them subject to those
1934requirements.
1935     5.  This paragraph shall not apply if a municipality
1936annexes unincorporated property that decreases the percentage of
1937build-out to an amount below 90 percent.
1938     5.  A municipality shall notify the state land planning
1939agency in writing of its built-out percentage prior to the
1940submission of any comprehensive plan amendments under this
1941subsection.
1942     Section 9.  Paragraphs (k) and (l) of subsection (2) and
1943subsection (10) of section 163.3191, Florida Statutes, are
1944amended, and paragraph (o) is added to subsection (2) of said
1945section, to read:
1946     163.3191  Evaluation and appraisal of comprehensive plan.--
1947     (2)  The report shall present an evaluation and assessment
1948of the comprehensive plan and shall contain appropriate
1949statements to update the comprehensive plan, including, but not
1950limited to, words, maps, illustrations, or other media, related
1951to:
1952     (k)  The coordination of the comprehensive plan with
1953existing public schools and those identified in the applicable
1954educational facilities plan adopted pursuant to s. 1013.35. The
1955assessment shall address, where relevant, the success or failure
1956of the coordination of the future land use map and associated
1957planned residential development with public schools and their
1958capacities, as well as the joint decisionmaking processes
1959engaged in by the local government and the school board in
1960regard to establishing appropriate population projections and
1961the planning and siting of public school facilities. For
1962counties or municipalities that do not have a public schools
1963interlocal agreement or public school facility element, the
1964assessment shall determine whether the local government
1965continues to meet the criteria of s. 163.3177(12). If the county
1966or municipality determines that it no longer meets the criteria,
1967the county or municipality must adopt appropriate school
1968concurrency goals, objectives, and policies in its plan
1969amendments pursuant to the requirements of the public school
1970facility element and enter into the existing interlocal
1971agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
1972order to fully participate in the school concurrency system If
1973the issues are not relevant, the local government shall
1974demonstrate that they are not relevant.
1975     (l)  The extent to which the local government has been
1976successful in identifying alternative water supply projects and
1977traditional water supply projects including conservation and
1978reuse, necessary to meet existing and projected water use demand
1979for the comprehensive plan's water supply work plan and the
1980water needs identified in s. 373.0361(2) within the local
1981government's jurisdiction. The report must evaluate the degree
1982to which the local government has implemented the work plan for
1983water supply facilities included in the potable water element.
1984The evaluation must consider the appropriate water management
1985district's regional water supply plan approved pursuant to s.
1986373.0361. The potable water element must be revised to include a
1987work plan, covering at least a 10-year planning period, for
1988building any water supply facilities that are identified in the
1989element as necessary to serve existing and new development and
1990for which the local government is responsible.
1991     (o)  The extent to which a concurrency exception area
1992designated pursuant to s. 163.3180(5), a concurrency management
1993area designated pursuant to s. 163.3180(7), or a multimodal
1994district designated pursuant to s. 163.3180(15) has achieved the
1995purposes for which it was created and otherwise complies with
1996the provisions of s. 163.3180.
1997     (10)  The governing body shall amend its comprehensive plan
1998based on the recommendations in the report and shall update the
1999comprehensive plan based on the components of subsection (2),
2000pursuant to the provisions of ss. 163.3184, 163.3187, and
2001163.3189. Amendments to update a comprehensive plan based on the
2002evaluation and appraisal report shall be adopted within 18
2003months after the report is determined to be sufficient by the
2004state land planning agency, except the state land planning
2005agency may grant an extension for adoption of a portion of such
2006amendments. The state land planning agency may grant a 6-month
2007extension for the adoption of such amendments if the request is
2008justified by good and sufficient cause as determined by the
2009agency. An additional extension may also be granted if the
2010request will result in greater coordination between
2011transportation and land use, for the purposes of improving
2012Florida's transportation system, as determined by the agency in
2013coordination with the Metropolitan Planning Organization
2014program. Beginning July 1, 2006, failure to timely adopt
2015updating amendments to the comprehensive plan based on the
2016evaluation and appraisal report shall result in a local
2017government being prohibited from adopting amendments to the
2018comprehensive plan until the evaluation and appraisal report
2019updating amendments have been transmitted to the state land
2020planning agency. The prohibition on plan amendments shall
2021commence when the updating amendments to the comprehensive plan
2022are past due. The comprehensive plan as amended shall be in
2023compliance as defined in s. 163.3184(1)(b). Within 6 months
2024after the effective date of the updating amendments to the
2025comprehensive plan, the local government shall provide to the
2026state land planning agency and to all agencies designated by
2027rule a complete copy of the updated comprehensive plan.
2028     Section 10.  Section 163.3247, Florida Statutes, is created
2029to read:
2030     163.3247  Century Commission for a Sustainable Florida.--
2031     (1)  POPULAR NAME.--This section may be cited as the
2032"Century Commission for a Sustainable Florida Act."
2033     (2)  FINDINGS AND INTENT.--The Legislature finds and
2034declares that the population of this state is expected to more
2035than double over the next 100 years, with commensurate impacts
2036to the state's natural resources and public infrastructure.
2037Consequently, it is in the best interests of the people of the
2038state to ensure sound planning for the proper placement of this
2039growth and protection of the state's land, water, and other
2040natural resources since such resources are essential to our
2041collective quality of life and a strong economy. The state's
2042growth management system should foster economic stability
2043through regional solutions and strategies, urban renewal and
2044infill, and the continued viability of agricultural economies,
2045while allowing for rural economic development and protecting the
2046unique characteristics of rural areas, and should reduce the
2047complexity of the regulatory process while carrying out the
2048intent of the laws and encouraging greater citizen
2049participation.
2050     (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
2051CREATION; ORGANIZATION.--The Century Commission for a
2052Sustainable Florida is created as a standing body to help the
2053citizens of this state envision and plan their collective future
2054with an eye towards both 20-year and 50-year horizons.
2055     (a)  The commission shall consist of nine members, three
2056appointed by the Governor, three appointed by the President of
2057the Senate, and three appointed by the Speaker of the House of
2058Representatives. Appointments shall be made no later than
2059October 1, 2005. The membership must represent local
2060governments, school boards, developers and homebuilders, the
2061business community, the agriculture community, the environmental
2062community, and other appropriate stakeholders. One member shall
2063be designated by the Governor as chair of the commission. Any
2064vacancy that occurs on the commission must be filled in the same
2065manner as the original appointment and shall be for the
2066unexpired term of that commission seat. Members shall serve 4-
2067year terms, except that, initially, to provide for staggered
2068terms, three of the appointees, one each by the Governor, the
2069President of the Senate, and the Speaker of the House of
2070Representatives, shall serve 2-year terms, three shall serve 3-
2071year terms, and three shall serve 4-year terms. All subsequent
2072appointments shall be for 4-year terms. An appointee may not
2073serve more than 6 years.
2074     (b)  The first meeting of the commission shall be held no
2075later than December 1, 2005, and shall meet at the call of the
2076chair but not less frequently than three times per year in
2077different regions of the state to solicit input from the public
2078or any other individuals offering testimony relevant to the
2079issues to be considered.
2080     (c)  Each member of the commission is entitled to one vote
2081and actions of the commission are not binding unless taken by a
2082three-fifths vote of the members present. A majority of the
2083members is required to constitute a quorum, and the affirmative
2084vote of a quorum is required for a binding vote.
2085     (d)  Members of the commission shall serve without
2086compensation but shall be entitled to receive per diem and
2087travel expenses in accordance with s. 112.061 while in
2088performance of their duties.
2089     (4)  POWERS AND DUTIES.--The commission shall:
2090     (a)  Annually conduct a process through which the
2091commission envisions the future for the state and then develops
2092and recommends policies, plans, action steps, or strategies to
2093assist in achieving the vision.
2094     (b)  Continuously review and consider statutory and
2095regulatory provisions, governmental processes, and societal and
2096economic trends in its inquiry of how state, regional, and local
2097governments and entities and citizens of this state can best
2098accommodate projected increased populations while maintaining
2099the natural, historical, cultural, and manmade life qualities
2100that best represent the state.
2101     (c)  Bring together people representing varied interests to
2102develop a shared image of the state and its developed and
2103natural areas. The process should involve exploring the impact
2104of the estimated population increase and other emerging trends
2105and issues; creating a vision for the future; and developing a
2106strategic action plan to achieve that vision using 20-year and
210750-year intermediate planning timeframes.
2108     (d)  Focus on essential state interests, defined as those
2109interests that transcend local or regional boundaries and are
2110most appropriately conserved, protected, and promoted at the
2111state level.
2112     (e)  Serve as an objective, nonpartisan repository of
2113exemplary community-building ideas and as a source to recommend
2114strategies and practices to assist others in working
2115collaboratively to problem solve on issues relating to growth
2116management.
2117     (f)  Annually, beginning January 16, 2007, and every year
2118thereafter on the same date, provide to the Governor, the
2119President of the Senate, and the Speaker of the House of
2120Representatives a written report containing specific
2121recommendations for addressing growth management in the state,
2122including executive and legislative recommendations. Further,
2123the report shall contain discussions regarding the need for
2124intergovernmental cooperation and the balancing of environmental
2125protection and future development and recommendations on issues,
2126including, but not limited to, recommendations regarding
2127dedicated sources of funding for sewer facilities, water supply
2128and quality, transportation facilities that are not adequately
2129addressed by the Strategic Intermodal System, and educational
2130infrastructure to support existing development and projected
2131population growth. This report shall be verbally presented to a
2132joint session of both houses annually as scheduled by the
2133President of the Senate and the Speaker of the House of
2134Representatives.
2135     (g)  Beginning with the 2007 Regular Session of the
2136Legislature, the President of the Senate and Speaker of the
2137House of Representatives shall create a joint select committee,
2138the task of which shall be to review the findings and
2139recommendations of the Century Commission for a Sustainable
2140Florida for potential action.
2141     (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
2142     (a)  The Secretary of Community Affairs shall select an
2143executive director of the commission, and the executive director
2144shall serve at the pleasure of the secretary under the
2145supervision and control of the commission.
2146     (b)  The Department of Community Affairs shall provide
2147staff and other resources necessary to accomplish the goals of
2148the commission based upon recommendations of the Governor.
2149     (c)  All agencies under the control of the Governor are
2150directed, and all other agencies are requested, to render
2151assistance to, and cooperate with, the commission.
2152     Section 11.  Paragraph (d) of subsection (1) of section
2153201.15, Florida Statutes, is amended to read:
2154     201.15  Distribution of taxes collected.--All taxes
2155collected under this chapter shall be distributed as follows and
2156shall be subject to the service charge imposed in s. 215.20(1),
2157except that such service charge shall not be levied against any
2158portion of taxes pledged to debt service on bonds to the extent
2159that the amount of the service charge is required to pay any
2160amounts relating to the bonds:
2161     (1)  Sixty-two and sixty-three hundredths percent of the
2162remaining taxes collected under this chapter shall be used for
2163the following purposes:
2164     (d)  The remainder of the moneys distributed under this
2165subsection, after the required payments under paragraphs (a),
2166(b), and (c), shall be paid into the State Treasury to the
2167credit of the State Transportation Trust Fund in the Department
2168of Transportation in the amount of $566.75 million each fiscal
2169year to be paid in quarterly installments and allocated for the
2170following specified purposes notwithstanding any other provision
2171of law:
2172     1.  New Starts Transit Program pursuant to 49 U.S.C. s.
21735309 and implemented by s. 341.051, $50 million for fiscal year
21742005-2006, $65 million for fiscal year 2006-2007, $70 million
2175each fiscal year for fiscal years 2007-2008 through 2009-2010,
2176$80 million for fiscal year 2010-2011 and each fiscal year
2177thereafter.
2178     2.  Small County Outreach Program pursuant to s. 339.2818,
2179$35 million for each fiscal year for fiscal years 2005-2006
2180through 2009-2010, $45 million for fiscal year 2010-2011 and
2181each fiscal year thereafter.
2182     3.  Transportation Incentive Program for a Sustainable
2183Florida pursuant to s. 339.28171, $81.75 million for fiscal year
21842005-2006, $65 million for fiscal year 2006-2007, $150 million
2185each year for fiscal years 2007-2008 through 2009-2010, $125
2186million for fiscal year 2010-2011, and each fiscal year
2187thereafter.
2188     4.  Strategic Intermodal System pursuant to s. 339.64, all
2189remaining funds after allocations are made for subparagraphs 1.
2190through 3. The remainder of the moneys distributed under this
2191subsection, after the required payments under paragraphs (a),
2192(b), and (c), shall be paid into the State Treasury to the
2193credit of the General Revenue Fund of the state to be used and
2194expended for the purposes for which the General Revenue Fund was
2195created and exists by law or to the Ecosystem Management and
2196Restoration Trust Fund or to the Marine Resources Conservation
2197Trust Fund as provided in subsection (11).
2198     Section 12.  Subsection (3) of section 215.211, Florida
2199Statutes, is amended to read:
2200     215.211  Service charge; elimination or reduction for
2201specified proceeds.--
2202     (3)  Notwithstanding the provisions of s. 215.20(1), the
2203service charge provided in s. 215.20(1), which is deducted from
2204the proceeds of the local option fuel tax distributed under s.
2205336.025, shall be reduced as follows:
2206     (a)  For the period July 1, 2005, through June 30, 2006,
2207the rate of the service charge shall be 3.5 percent.
2208     (b)  Beginning July 1, 2006, and thereafter, no service
2209charge shall be deducted from the proceeds of the local option
2210fuel tax distributed under s. 336.025.
2211
2212The increased revenues derived from this subsection shall be
2213deposited in the State Transportation Trust Fund and used to
2214fund the Transportation Incentive Program for a Sustainable
2215Florida County Incentive Grant Program and the Small County
2216Outreach Program. Up to 20 percent of such funds shall be used
2217for the purpose of implementing the Small County Outreach
2218Program created pursuant to s. 339.2818 as provided in this act.
2219Notwithstanding any other laws to the contrary, the requirements
2220of ss. 339.135, 339.155, and 339.175 shall not apply to these
2221funds and programs.
2222     Section 13.  Section 337.107, Florida Statutes, is amended
2223to read:
2224     337.107  Contracts for right-of-way services.--The
2225department may enter into contracts pursuant to s. 287.055 for
2226right-of-way services on transportation corridors and
2227transportation facilities or the department may include right-
2228of-way services as part of design-build contracts awarded
2229pursuant to s. 337.11. Right-of-way services include negotiation
2230and acquisition services, appraisal services, demolition and
2231removal of improvements, and asbestos-abatement services.
2232     Section 14.  Effective July 1, 2007, section 337.107,
2233Florida Statutes, as amended by this act, is amended to read:
2234     337.107  Contracts for right-of-way services.--The
2235department may enter into contracts pursuant to s. 287.055 for
2236right-of-way services on transportation corridors and
2237transportation facilities or the department may include right-
2238of-way services as part of design-build contracts awarded
2239pursuant to s. 337.11. Right-of-way services include negotiation
2240and acquisition services, appraisal services, demolition and
2241removal of improvements, and asbestos-abatement services.
2242     Section 15.  Paragraph (a) of subsection (7) of section
2243337.11, Florida Statutes, as amended by chapter 2002-20, Laws of
2244Florida, is amended to read:
2245     337.11  Contracting authority of department; bids;
2246emergency repairs, supplemental agreements, and change orders;
2247combined design and construction contracts; progress payments;
2248records; requirements of vehicle registration.--
2249     (7)(a)  If the head of the department determines that it is
2250in the best interests of the public, the department may combine
2251the design and construction phases of any a building, a major
2252bridge, a limited access facility, or a rail corridor project
2253into a single contract, except for a resurfacing or minor bridge
2254project the right-of-way services and design construction phases
2255of which may be combined under s. 337.025. Such contract is
2256referred to as a design-build contract. Design-build contracts
2257may be advertised and awarded notwithstanding the requirements
2258of paragraph (3)(c). However, construction activities may not
2259begin on any portion of such projects for which the department
2260has not yet obtained title until title to the necessary rights-
2261of-way and easements for the construction of that portion of the
2262project has vested in the state or a local governmental entity
2263and all railroad crossing and utility agreements have been
2264executed. Title to rights-of-way shall be deemed to have vested
2265vests in the state when the title has been dedicated to the
2266public or acquired by prescription.
2267     Section 16.  Effective July 1, 2007, paragraph (a) of
2268subsection (7) of section 337.11, Florida Statutes, as amended
2269by chapter 2002-20, Laws of Florida, as amended by this act, is
2270amended to read:
2271     337.11  Contracting authority of department; bids;
2272emergency repairs, supplemental agreements, and change orders;
2273combined design and construction contracts; progress payments;
2274records; requirements of vehicle registration.--
2275     (7)(a)  If the head of the department determines that it is
2276in the best interests of the public, the department may combine
2277the design and construction phases of a building, a major
2278bridge, a limited access facility, or a rail corridor any
2279project into a single contract, except for a resurfacing or
2280minor bridge project the right-of-way services and design
2281construction phases of which may be combined under s. 337.025.
2282Such contract is referred to as a design-build contract. Design-
2283build contracts may be advertised and awarded notwithstanding
2284the requirements of paragraph (3)(c). However, construction
2285activities may not begin on any portion of such projects for
2286which the department has not yet obtained title until title to
2287the necessary rights-of-way and easements for the construction
2288of that portion of the project has vested in the state or a
2289local governmental entity and all railroad crossing and utility
2290agreements have been executed. Title to rights-of-way vests
2291shall be deemed to have vested in the state when the title has
2292been dedicated to the public or acquired by prescription.
2293     Section 17.  Paragraph (j) of subsection (1) of section
2294339.08, Florida Statutes, is amended, and paragraph (m) of said
2295subsection is redesignated as paragraph (n) and new paragraph
2296(m) is added to said subsection, to read:
2297     339.08  Use of moneys in State Transportation Trust Fund.--
2298     (1)  The department shall expend moneys in the State
2299Transportation Trust Fund accruing to the department, in
2300accordance with its annual budget. The use of such moneys shall
2301be restricted to the following purposes:
2302     (j)  To pay the cost of county or municipal road projects
2303selected in accordance with the County Incentive Grant Program
2304created in s. 339.2817 and the Small County Outreach Program
2305created in s. 339.2818.
2306     (m)  To pay the cost of transportation projects selected in
2307accordance with the Transportation Incentive Program for a
2308Sustainable Florida created in s. 339.28171.
2309     Section 18.  Paragraph (b) of subsection (4) of section
2310339.135, Florida Statutes, is amended to read:
2311     339.135  Work program; legislative budget request;
2312definitions; preparation, adoption, execution, and amendment.--
2313     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
2314     (b)1.  A tentative work program, including the ensuing
2315fiscal year and the successive 4 fiscal years, shall be prepared
2316for the State Transportation Trust Fund and other funds managed
2317by the department, unless otherwise provided by law. The
2318tentative work program shall be based on the district work
2319programs and shall set forth all projects by phase to be
2320undertaken during the ensuing fiscal year and planned for the
2321successive 4 fiscal years. The total amount of the liabilities
2322accruing in each fiscal year of the tentative work program may
2323not exceed the revenues available for expenditure during the
2324respective fiscal year based on the cash forecast for that
2325respective fiscal year.
2326     2.  The tentative work program shall be developed in
2327accordance with the Florida Transportation Plan required in s.
2328339.155 and must comply with the program funding levels
2329contained in the program and resource plan.
2330     3.  The department may include in the tentative work
2331program proposed changes to the programs contained in the
2332previous work program adopted pursuant to subsection (5);
2333however, the department shall minimize changes and adjustments
2334that affect the scheduling of project phases in the 4 common
2335fiscal years contained in the previous adopted work program and
2336the tentative work program. The department, in the development
2337of the tentative work program, shall advance by 1 fiscal year
2338all projects included in the second year of the previous year's
2339adopted work program, unless the secretary specifically
2340determines that it is necessary, for specific reasons, to
2341reschedule or delete one or more projects from that year. Such
2342changes and adjustments shall be clearly identified, and the
2343effect on the 4 common fiscal years contained in the previous
2344adopted work program and the tentative work program shall be
2345shown. It is the intent of the Legislature that the first 5
2346years of the adopted work program for facilities designated as
2347part of the Florida Intrastate Highway System and the first 3
2348years of the adopted work program stand as the commitment of the
2349state to undertake transportation projects that local
2350governments may rely on for planning and concurrency purposes
2351and in the development and amendment of the capital improvements
2352elements of their local government comprehensive plans.
2353     4.  The tentative work program must include a balanced 36-
2354month forecast of cash and expenditures and a 5-year finance
2355plan supporting the tentative work program.
2356     Section 19.  Paragraphs (c), (d), and (e) are added to
2357subsection (5) of section 339.155, Florida Statutes, to read:
2358     339.155  Transportation planning.--
2359     (5)  ADDITIONAL TRANSPORTATION PLANS.--
2360     (c)  Regional transportation plans may be developed in
2361regional transportation areas in accordance with an interlocal
2362agreement entered into pursuant to s. 163.01 by the department
2363and two or more contiguous metropolitan planning organizations,
2364one or more metropolitan planning organizations and one or more
2365contiguous counties that are not members of a metropolitan
2366planning organization, a multicounty regional transportation
2367authority created by or pursuant to law, two or more contiguous
2368counties that are not members of a metropolitan planning
2369organization, or metropolitan planning organizations comprised
2370of three or more counties.
2371     (d)  The department shall develop a model draft interlocal
2372agreement that, at a minimum, shall identify the entity that
2373will coordinate the development of the regional transportation
2374plan; delineate the boundaries of the regional transportation
2375area; provide the duration of the agreement and specify how the
2376agreement may be terminated, modified, or rescinded; describe
2377the process by which the regional transportation plan will be
2378developed; and provide how members of the entity will resolve
2379disagreements regarding interpretation of the interlocal
2380agreement or disputes relating to the development or content of
2381the regional transportation plan. The designated entity shall
2382coordinate the adoption of the interlocal agreement using as its
2383framework the department model. Such interlocal agreement shall
2384become effective upon approval by supermajority vote of the
2385affected local governments.
2386     (e)  The regional transportation plan developed pursuant to
2387this section shall, at a minimum, identify regionally
2388significant transportation facilities located within a regional
2389transportation area, and recommend a list to the department for
2390prioritization. The project shall be adopted into the capital
2391improvements schedule of the local government comprehensive plan
2392pursuant to s. 163. 3177(3).
2393     Section 20.  Section 339.175, Florida Statutes, is amended
2394to read:
2395     339.175  Metropolitan planning organization.--It is the
2396intent of the Legislature to encourage and promote the safe and
2397efficient management, operation, and development of surface
2398transportation systems that will serve the mobility needs of
2399people and freight within and through urbanized areas of this
2400state while minimizing transportation-related fuel consumption
2401and air pollution. To accomplish these objectives, metropolitan
2402planning organizations, referred to in this section as M.P.O.'s,
2403shall develop, in cooperation with the state and public transit
2404operators, transportation plans and programs for metropolitan
2405areas. The plans and programs for each metropolitan area must
2406provide for the development and integrated management and
2407operation of transportation systems and facilities, including
2408pedestrian walkways and bicycle transportation facilities that
2409will function as an intermodal transportation system for the
2410metropolitan area, based upon the prevailing principles provided
2411in s. 334.046(1). The process for developing such plans and
2412programs shall provide for consideration of all modes of
2413transportation and shall be continuing, cooperative, and
2414comprehensive, to the degree appropriate, based on the
2415complexity of the transportation problems to be addressed. To
2416ensure that the process is integrated with the statewide
2417planning process, M.P.O.'s shall develop plans and programs that
2418identify transportation facilities that should function as an
2419integrated metropolitan transportation system, giving emphasis
2420to facilities that serve important national, state, and regional
2421transportation functions. For the purposes of this section,
2422those facilities include the facilities on the Strategic
2423Intermodal System designated under s. 339.63 and facilities for
2424which projects have been identified pursuant to s. 339.28171.
2425     (1)  DESIGNATION.--
2426     (a)1.  An M.P.O. shall be designated for each urbanized
2427area of the state; however, this does not require that an
2428individual M.P.O. be designated for each such area. Such
2429designation shall be accomplished by agreement between the
2430Governor and units of general-purpose local government
2431representing at least 75 percent of the population of the
2432urbanized area; however, the unit of general-purpose local
2433government that represents the central city or cities within the
2434M.P.O. jurisdiction, as defined by the United States Bureau of
2435the Census, must be a party to such agreement.
2436     2.  More than one M.P.O. may be designated within an
2437existing metropolitan planning area only if the Governor and the
2438existing M.P.O. determine that the size and complexity of the
2439existing metropolitan planning area makes the designation of
2440more than one M.P.O. for the area appropriate.
2441     (b)  Each M.P.O. shall be created and operated under the
2442provisions of this section pursuant to an interlocal agreement
2443entered into pursuant to s. 163.01. The signatories to the
2444interlocal agreement shall be the department and the
2445governmental entities designated by the Governor for membership
2446on the M.P.O. If there is a conflict between this section and s.
2447163.01, this section prevails.
2448     (c)  The jurisdictional boundaries of an M.P.O. shall be
2449determined by agreement between the Governor and the applicable
2450M.P.O. The boundaries must include at least the metropolitan
2451planning area, which is the existing urbanized area and the
2452contiguous area expected to become urbanized within a 20-year
2453forecast period, and may encompass the entire metropolitan
2454statistical area or the consolidated metropolitan statistical
2455area.
2456     (d)  In the case of an urbanized area designated as a
2457nonattainment area for ozone or carbon monoxide under the Clean
2458Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
2459metropolitan planning area in existence as of the date of
2460enactment of this paragraph shall be retained, except that the
2461boundaries may be adjusted by agreement of the Governor and
2462affected metropolitan planning organizations in the manner
2463described in this section. If more than one M.P.O. has authority
2464within a metropolitan area or an area that is designated as a
2465nonattainment area, each M.P.O. shall consult with other
2466M.P.O.'s designated for such area and with the state in the
2467coordination of plans and programs required by this section.
2468
2469Each M.P.O. required under this section must be fully operative
2470no later than 6 months following its designation.
2471     (2)  VOTING MEMBERSHIP.--
2472     (a)  The voting membership of an M.P.O. shall consist of
2473not fewer than 5 or more than 19 apportioned members, the exact
2474number to be determined on an equitable geographic-population
2475ratio basis by the Governor, based on an agreement among the
2476affected units of general-purpose local government as required
2477by federal rules and regulations. The Governor, in accordance
2478with 23 U.S.C. s. 134, may also provide for M.P.O. members who
2479represent municipalities to alternate with representatives from
2480other municipalities within the metropolitan planning area that
2481do not have members on the M.P.O. County commission members
2482shall compose not less than one-third of the M.P.O. membership,
2483except for an M.P.O. with more than 15 members located in a
2484county with a five-member county commission or an M.P.O. with 19
2485members located in a county with no more than 6 county
2486commissioners, in which case county commission members may
2487compose less than one-third percent of the M.P.O. membership,
2488but all county commissioners must be members. All voting members
2489shall be elected officials of general-purpose governments,
2490except that an M.P.O. may include, as part of its apportioned
2491voting members, a member of a statutorily authorized planning
2492board, an official of an agency that operates or administers a
2493major mode of transportation, or an official of the Florida
2494Space Authority. The county commission shall compose not less
2495than 20 percent of the M.P.O. membership if an official of an
2496agency that operates or administers a major mode of
2497transportation has been appointed to an M.P.O.
2498     (b)  In metropolitan areas in which authorities or other
2499agencies have been or may be created by law to perform
2500transportation functions and are performing transportation
2501functions that are not under the jurisdiction of a general
2502purpose local government represented on the M.P.O., they shall
2503be provided voting membership on the M.P.O. In all other
2504M.P.O.'s where transportation authorities or agencies are to be
2505represented by elected officials from general purpose local
2506governments, the M.P.O. shall establish a process by which the
2507collective interests of such authorities or other agencies are
2508expressed and conveyed.
2509     (c)  Any other provision of this section to the contrary
2510notwithstanding, a chartered county with over 1 million
2511population may elect to reapportion the membership of an M.P.O.
2512whose jurisdiction is wholly within the county. The charter
2513county may exercise the provisions of this paragraph if:
2514     1.  The M.P.O. approves the reapportionment plan by a
2515three-fourths vote of its membership;
2516     2.  The M.P.O. and the charter county determine that the
2517reapportionment plan is needed to fulfill specific goals and
2518policies applicable to that metropolitan planning area; and
2519     3.  The charter county determines the reapportionment plan
2520otherwise complies with all federal requirements pertaining to
2521M.P.O. membership.
2522
2523Any charter county that elects to exercise the provisions of
2524this paragraph shall notify the Governor in writing.
2525     (d)  Any other provision of this section to the contrary
2526notwithstanding, any county chartered under s. 6(e), Art. VIII
2527of the State Constitution may elect to have its county
2528commission serve as the M.P.O., if the M.P.O. jurisdiction is
2529wholly contained within the county. Any charter county that
2530elects to exercise the provisions of this paragraph shall so
2531notify the Governor in writing. Upon receipt of such
2532notification, the Governor must designate the county commission
2533as the M.P.O. The Governor must appoint four additional voting
2534members to the M.P.O., one of whom must be an elected official
2535representing a municipality within the county, one of whom must
2536be an expressway authority member, one of whom must be a person
2537who does not hold elected public office and who resides in the
2538unincorporated portion of the county, and one of whom must be a
2539school board member.
2540     (3)  APPORTIONMENT.--
2541     (a)  The Governor shall, with the agreement of the affected
2542units of general-purpose local government as required by federal
2543rules and regulations, apportion the membership on the
2544applicable M.P.O. among the various governmental entities within
2545the area and shall prescribe a method for appointing alternate
2546members who may vote at any M.P.O. meeting that an alternate
2547member attends in place of a regular member. An appointed
2548alternate member must be an elected official serving the same
2549governmental entity or a general-purpose local government with
2550jurisdiction within all or part of the area that the regular
2551member serves. The governmental entity so designated shall
2552appoint the appropriate number of members to the M.P.O. from
2553eligible officials. Representatives of the department shall
2554serve as nonvoting members of the M.P.O. Nonvoting advisers may
2555be appointed by the M.P.O. as deemed necessary. The Governor
2556shall review the composition of the M.P.O. membership in
2557conjunction with the decennial census as prepared by the United
2558States Department of Commerce, Bureau of the Census, and
2559reapportion it as necessary to comply with subsection (2).
2560     (b)  Except for members who represent municipalities on the
2561basis of alternating with representatives from other
2562municipalities that do not have members on the M.P.O. as
2563provided in paragraph (2)(a), the members of an M.P.O. shall
2564serve 4-year terms. Members who represent municipalities on the
2565basis of alternating with representatives from other
2566municipalities that do not have members on the M.P.O. as
2567provided in paragraph (2)(a) may serve terms of up to 4 years as
2568further provided in the interlocal agreement described in
2569paragraph (1)(b). The membership of a member who is a public
2570official automatically terminates upon the member's leaving his
2571or her elective or appointive office for any reason, or may be
2572terminated by a majority vote of the total membership of a
2573county or city governing entity represented by the member. A
2574vacancy shall be filled by the original appointing entity. A
2575member may be reappointed for one or more additional 4-year
2576terms.
2577     (c)  If a governmental entity fails to fill an assigned
2578appointment to an M.P.O. within 60 days after notification by
2579the Governor of its duty to appoint, that appointment shall be
2580made by the Governor from the eligible representatives of that
2581governmental entity.
2582     (4)  AUTHORITY AND RESPONSIBILITY.--The authority and
2583responsibility of an M.P.O. is to manage a continuing,
2584cooperative, and comprehensive transportation planning process
2585that, based upon the prevailing principles provided in s.
2586334.046(1), results in the development of plans and programs
2587which are consistent, to the maximum extent feasible, with the
2588approved local government comprehensive plans of the units of
2589local government the boundaries of which are within the
2590metropolitan area of the M.P.O. An M.P.O. shall be the forum for
2591cooperative decisionmaking by officials of the affected
2592governmental entities in the development of the plans and
2593programs required by subsections (5), (6), (7), and (8).
2594     (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
2595privileges, and authority of an M.P.O. are those specified in
2596this section or incorporated in an interlocal agreement
2597authorized under s. 163.01. Each M.P.O. shall perform all acts
2598required by federal or state laws or rules, now and subsequently
2599applicable, which are necessary to qualify for federal aid. It
2600is the intent of this section that each M.P.O. shall be involved
2601in the planning and programming of transportation facilities,
2602including, but not limited to, airports, intercity and high-
2603speed rail lines, seaports, and intermodal facilities, to the
2604extent permitted by state or federal law.
2605     (a)  Each M.P.O. shall, in cooperation with the department,
2606develop:
2607     1.  A long-range transportation plan pursuant to the
2608requirements of subsection (6);
2609     2.  An annually updated transportation improvement program
2610pursuant to the requirements of subsection (7); and
2611     3.  An annual unified planning work program pursuant to the
2612requirements of subsection (8).
2613     (b)  In developing the long-range transportation plan and
2614the transportation improvement program required under paragraph
2615(a), each M.P.O. shall provide for consideration of projects and
2616strategies that will:
2617     1.  Support the economic vitality of the metropolitan area,
2618especially by enabling global competitiveness, productivity, and
2619efficiency;
2620     2.  Increase the safety and security of the transportation
2621system for motorized and nonmotorized users;
2622     3.  Increase the accessibility and mobility options
2623available to people and for freight;
2624     4.  Protect and enhance the environment, promote energy
2625conservation, and improve quality of life;
2626     5.  Enhance the integration and connectivity of the
2627transportation system, across and between modes, for people and
2628freight;
2629     6.  Promote efficient system management and operation; and
2630     7.  Emphasize the preservation of the existing
2631transportation system.
2632     (c)  In order to provide recommendations to the department
2633and local governmental entities regarding transportation plans
2634and programs, each M.P.O. shall:
2635     1.  Prepare a congestion management system for the
2636metropolitan area and cooperate with the department in the
2637development of all other transportation management systems
2638required by state or federal law;
2639     2.  Assist the department in mapping transportation
2640planning boundaries required by state or federal law;
2641     3.  Assist the department in performing its duties relating
2642to access management, functional classification of roads, and
2643data collection;
2644     4.  Execute all agreements or certifications necessary to
2645comply with applicable state or federal law;
2646     5.  Represent all the jurisdictional areas within the
2647metropolitan area in the formulation of transportation plans and
2648programs required by this section; and
2649     6.  Perform all other duties required by state or federal
2650law.
2651     (d)  Each M.P.O. shall appoint a technical advisory
2652committee that includes planners; engineers; representatives of
2653local aviation authorities, port authorities, and public transit
2654authorities or representatives of aviation departments, seaport
2655departments, and public transit departments of municipal or
2656county governments, as applicable; the school superintendent of
2657each county within the jurisdiction of the M.P.O. or the
2658superintendent's designee; and other appropriate representatives
2659of affected local governments. In addition to any other duties
2660assigned to it by the M.P.O. or by state or federal law, the
2661technical advisory committee is responsible for considering safe
2662access to schools in its review of transportation project
2663priorities, long-range transportation plans, and transportation
2664improvement programs, and shall advise the M.P.O. on such
2665matters. In addition, the technical advisory committee shall
2666coordinate its actions with local school boards and other local
2667programs and organizations within the metropolitan area which
2668participate in school safety activities, such as locally
2669established community traffic safety teams. Local school boards
2670must provide the appropriate M.P.O. with information concerning
2671future school sites and in the coordination of transportation
2672service.
2673     (e)1.  Each M.P.O. shall appoint a citizens' advisory
2674committee, the members of which serve at the pleasure of the
2675M.P.O. The membership on the citizens' advisory committee must
2676reflect a broad cross section of local residents with an
2677interest in the development of an efficient, safe, and cost-
2678effective transportation system. Minorities, the elderly, and
2679the handicapped must be adequately represented.
2680     2.  Notwithstanding the provisions of subparagraph 1., an
2681M.P.O. may, with the approval of the department and the
2682applicable federal governmental agency, adopt an alternative
2683program or mechanism to ensure citizen involvement in the
2684transportation planning process.
2685     (f)  The department shall allocate to each M.P.O., for the
2686purpose of accomplishing its transportation planning and
2687programming duties, an appropriate amount of federal
2688transportation planning funds.
2689     (g)  Each M.P.O. may employ personnel or may enter into
2690contracts with local or state agencies, private planning firms,
2691or private engineering firms to accomplish its transportation
2692planning and programming duties required by state or federal
2693law.
2694     (h)  A chair's coordinating committee is created, composed
2695of the M.P.O.'s serving Hernando, Hillsborough, Manatee, Pasco,
2696Pinellas, Polk, and Sarasota Counties. The committee must, at a
2697minimum:
2698     1.  Coordinate transportation projects deemed to be
2699regionally significant by the committee.
2700     2.  Review the impact of regionally significant land use
2701decisions on the region.
2702     3.  Review all proposed regionally significant
2703transportation projects in the respective transportation
2704improvement programs which affect more than one of the M.P.O.'s
2705represented on the committee.
2706     4.  Institute a conflict resolution process to address any
2707conflict that may arise in the planning and programming of such
2708regionally significant projects.
2709     (i)1.  The Legislature finds that the state's rapid growth
2710in recent decades has caused many urbanized areas subject to
2711M.P.O. jurisdiction to become contiguous to each other. As a
2712result, various transportation projects may cross from the
2713jurisdiction of one M.P.O. into the jurisdiction of another
2714M.P.O. To more fully accomplish the purposes for which M.P.O.'s
2715have been mandated, M.P.O.'s shall develop coordination
2716mechanisms with one another to expand and improve transportation
2717within the state. The appropriate method of coordination between
2718M.P.O.'s shall vary depending upon the project involved and
2719given local and regional needs. Consequently, it is appropriate
2720to set forth a flexible methodology that can be used by M.P.O.'s
2721to coordinate with other M.P.O.'s and appropriate political
2722subdivisions as circumstances demand.
2723     2.  Any M.P.O. may join with any other M.P.O. or any
2724individual political subdivision to coordinate activities or to
2725achieve any federal or state transportation planning or
2726development goals or purposes consistent with federal or state
2727law. When an M.P.O. determines that it is appropriate to join
2728with another M.P.O. or any political subdivision to coordinate
2729activities, the M.P.O. or political subdivision shall enter into
2730an interlocal agreement pursuant to s. 163.01, which, at a
2731minimum, creates a separate legal or administrative entity to
2732coordinate the transportation planning or development activities
2733required to achieve the goal or purpose; provide the purpose for
2734which the entity is created; provide the duration of the
2735agreement and the entity, and specify how the agreement may be
2736terminated, modified, or rescinded; describe the precise
2737organization of the entity, including who has voting rights on
2738the governing board, whether alternative voting members are
2739provided for, how voting members are appointed, and what the
2740relative voting strength is for each constituent M.P.O. or
2741political subdivision; provide the manner in which the parties
2742to the agreement will provide for the financial support of the
2743entity and payment of costs and expenses of the entity; provide
2744the manner in which funds may be paid to and disbursed from the
2745entity; and provide how members of the entity will resolve
2746disagreements regarding interpretation of the interlocal
2747agreement or disputes relating to the operation of the entity.
2748Such interlocal agreement shall become effective upon its
2749recordation in the official public records of each county in
2750which a member of the entity created by the interlocal agreement
2751has a voting member. This paragraph does not require any
2752M.P.O.'s to merge, combine, or otherwise join together as a
2753single M.P.O.
2754     (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
2755develop a long-range transportation plan that addresses at least
2756a 20-year planning horizon. The plan must include both
2757long-range and short-range strategies and must comply with all
2758other state and federal requirements. The prevailing principles
2759to be considered in the long-range transportation plan are:
2760preserving the existing transportation infrastructure; enhancing
2761Florida's economic competitiveness; and improving travel choices
2762to ensure mobility. The long-range transportation plan must be
2763consistent, to the maximum extent feasible, with future land use
2764elements and the goals, objectives, and policies of the approved
2765local government comprehensive plans of the units of local
2766government located within the jurisdiction of the M.P.O. The
2767approved long-range transportation plan must be considered by
2768local governments in the development of the transportation
2769elements in local government comprehensive plans and any
2770amendments thereto. The long-range transportation plan must, at
2771a minimum:
2772     (a)  Identify transportation facilities, including, but not
2773limited to, major roadways, airports, seaports, spaceports,
2774commuter rail systems, transit systems, and intermodal or
2775multimodal terminals that will function as an integrated
2776metropolitan transportation system. The long-range
2777transportation plan must give emphasis to those transportation
2778facilities that serve national, statewide, or regional
2779functions, and must consider the goals and objectives identified
2780in the Florida Transportation Plan as provided in s. 339.155. If
2781a project is located within the boundaries of more than one
2782M.P.O., the M.P.O.'s must coordinate plans regarding the project
2783in the long-range transportation plan.
2784     (b)  Include a financial plan that demonstrates how the
2785plan can be implemented, indicating resources from public and
2786private sources which are reasonably expected to be available to
2787carry out the plan, and recommends any additional financing
2788strategies for needed projects and programs. The financial plan
2789may include, for illustrative purposes, additional projects that
2790would be included in the adopted long-range transportation plan
2791if reasonable additional resources beyond those identified in
2792the financial plan were available. For the purpose of developing
2793the long-range transportation plan, the M.P.O. and the
2794department shall cooperatively develop estimates of funds that
2795will be available to support the plan implementation. Innovative
2796financing techniques may be used to fund needed projects and
2797programs. Such techniques may include the assessment of tolls,
2798the use of value capture financing, or the use of value pricing.
2799     (c)  Assess capital investment and other measures necessary
2800to:
2801     1.  Ensure the preservation of the existing metropolitan
2802transportation system including requirements for the operation,
2803resurfacing, restoration, and rehabilitation of major roadways
2804and requirements for the operation, maintenance, modernization,
2805and rehabilitation of public transportation facilities; and
2806     2.  Make the most efficient use of existing transportation
2807facilities to relieve vehicular congestion and maximize the
2808mobility of people and goods.
2809     (d)  Indicate, as appropriate, proposed transportation
2810enhancement activities, including, but not limited to,
2811pedestrian and bicycle facilities, scenic easements,
2812landscaping, historic preservation, mitigation of water
2813pollution due to highway runoff, and control of outdoor
2814advertising.
2815     (e)  In addition to the requirements of paragraphs (a)-(d),
2816in metropolitan areas that are classified as nonattainment areas
2817for ozone or carbon monoxide, the M.P.O. must coordinate the
2818development of the long-range transportation plan with the State
2819Implementation Plan developed pursuant to the requirements of
2820the federal Clean Air Act.
2821
2822In the development of its long-range transportation plan, each
2823M.P.O. must provide the public, affected public agencies,
2824representatives of transportation agency employees, freight
2825shippers, providers of freight transportation services, private
2826providers of transportation, representatives of users of public
2827transit, and other interested parties with a reasonable
2828opportunity to comment on the long-range transportation plan.
2829The long-range transportation plan must be approved by the
2830M.P.O.
2831     (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
2832shall, in cooperation with the state and affected public
2833transportation operators, develop a transportation improvement
2834program for the area within the jurisdiction of the M.P.O. In
2835the development of the transportation improvement program, each
2836M.P.O. must provide the public, affected public agencies,
2837representatives of transportation agency employees, freight
2838shippers, providers of freight transportation services, private
2839providers of transportation, representatives of users of public
2840transit, and other interested parties with a reasonable
2841opportunity to comment on the proposed transportation
2842improvement program.
2843     (a)  Each M.P.O. is responsible for developing, annually, a
2844list of project priorities and a transportation improvement
2845program. The prevailing principles to be considered by each
2846M.P.O. when developing a list of project priorities and a
2847transportation improvement program are: preserving the existing
2848transportation infrastructure; enhancing Florida's economic
2849competitiveness; and improving travel choices to ensure
2850mobility. The transportation improvement program will be used to
2851initiate federally aided transportation facilities and
2852improvements as well as other transportation facilities and
2853improvements including transit, rail, aviation, spaceport, and
2854port facilities to be funded from the State Transportation Trust
2855Fund within its metropolitan area in accordance with existing
2856and subsequent federal and state laws and rules and regulations
2857related thereto. The transportation improvement program shall be
2858consistent, to the maximum extent feasible, with the approved
2859local government comprehensive plans of the units of local
2860government whose boundaries are within the metropolitan area of
2861the M.P.O. and include those projects programmed pursuant to s.
2862339.28171.
2863     (b)  Each M.P.O. annually shall prepare a list of project
2864priorities and shall submit the list to the appropriate district
2865of the department by October 1 of each year; however, the
2866department and a metropolitan planning organization may, in
2867writing, agree to vary this submittal date. The list of project
2868priorities must be formally reviewed by the technical and
2869citizens' advisory committees, and approved by the M.P.O.,
2870before it is transmitted to the district. The approved list of
2871project priorities must be used by the district in developing
2872the district work program and must be used by the M.P.O. in
2873developing its transportation improvement program. The annual
2874list of project priorities must be based upon project selection
2875criteria that, at a minimum, consider the following:
2876     1.  The approved M.P.O. long-range transportation plan;
2877     2.  The Strategic Intermodal System Plan developed under s.
2878339.64;.
2879     3.  The priorities developed pursuant to s. 339.28171;
2880     4.3.  The results of the transportation management systems;
2881and
2882     5.4.  The M.P.O.'s public-involvement procedures.
2883     (c)  The transportation improvement program must, at a
2884minimum:
2885     1.  Include projects and project phases to be funded with
2886state or federal funds within the time period of the
2887transportation improvement program and which are recommended for
2888advancement during the next fiscal year and 4 subsequent fiscal
2889years. Such projects and project phases must be consistent, to
2890the maximum extent feasible, with the approved local government
2891comprehensive plans of the units of local government located
2892within the jurisdiction of the M.P.O. For informational
2893purposes, the transportation improvement program shall also
2894include a list of projects to be funded from local or private
2895revenues.
2896     2.  Include projects within the metropolitan area which are
2897proposed for funding under 23 U.S.C. s. 134 of the Federal
2898Transit Act and which are consistent with the long-range
2899transportation plan developed under subsection (6).
2900     3.  Provide a financial plan that demonstrates how the
2901transportation improvement program can be implemented; indicates
2902the resources, both public and private, that are reasonably
2903expected to be available to accomplish the program; identifies
2904any innovative financing techniques that may be used to fund
2905needed projects and programs; and may include, for illustrative
2906purposes, additional projects that would be included in the
2907approved transportation improvement program if reasonable
2908additional resources beyond those identified in the financial
2909plan were available. Innovative financing techniques may include
2910the assessment of tolls, the use of value capture financing, or
2911the use of value pricing. The transportation improvement program
2912may include a project or project phase only if full funding can
2913reasonably be anticipated to be available for the project or
2914project phase within the time period contemplated for completion
2915of the project or project phase.
2916     4.  Group projects and project phases of similar urgency
2917and anticipated staging into appropriate staging periods.
2918     5.  Indicate how the transportation improvement program
2919relates to the long-range transportation plan developed under
2920subsection (6), including providing examples of specific
2921projects or project phases that further the goals and policies
2922of the long-range transportation plan.
2923     6.  Indicate whether any project or project phase is
2924inconsistent with an approved comprehensive plan of a unit of
2925local government located within the jurisdiction of the M.P.O.
2926If a project is inconsistent with an affected comprehensive
2927plan, the M.P.O. must provide justification for including the
2928project in the transportation improvement program.
2929     7.  Indicate how the improvements are consistent, to the
2930maximum extent feasible, with affected seaport, airport, and
2931spaceport master plans and with public transit development plans
2932of the units of local government located within the jurisdiction
2933of the M.P.O. If a project is located within the boundaries of
2934more than one M.P.O., the M.P.O.'s must coordinate plans
2935regarding the project in the transportation improvement program.
2936     (d)  Projects included in the transportation improvement
2937program and that have advanced to the design stage of
2938preliminary engineering may be removed from or rescheduled in a
2939subsequent transportation improvement program only by the joint
2940action of the M.P.O. and the department. Except when recommended
2941in writing by the district secretary for good cause, any project
2942removed from or rescheduled in a subsequent transportation
2943improvement program shall not be rescheduled by the M.P.O. in
2944that subsequent program earlier than the 5th year of such
2945program.
2946     (e)  During the development of the transportation
2947improvement program, the M.P.O. shall, in cooperation with the
2948department and any affected public transit operation, provide
2949citizens, affected public agencies, representatives of
2950transportation agency employees, freight shippers, providers of
2951freight transportation services, private providers of
2952transportation, representatives of users of public transit, and
2953other interested parties with reasonable notice of and an
2954opportunity to comment on the proposed program.
2955     (f)  The adopted annual transportation improvement program
2956for M.P.O.'s in nonattainment or maintenance areas must be
2957submitted to the district secretary and the Department of
2958Community Affairs at least 90 days before the submission of the
2959state transportation improvement program by the department to
2960the appropriate federal agencies. The annual transportation
2961improvement program for M.P.O.'s in attainment areas must be
2962submitted to the district secretary and the Department of
2963Community Affairs at least 45 days before the department submits
2964the state transportation improvement program to the appropriate
2965federal agencies; however, the department, the Department of
2966Community Affairs, and a metropolitan planning organization may,
2967in writing, agree to vary this submittal date. The Governor or
2968the Governor's designee shall review and approve each
2969transportation improvement program and any amendments thereto.
2970     (g)  The Department of Community Affairs shall review the
2971annual transportation improvement program of each M.P.O. for
2972consistency with the approved local government comprehensive
2973plans of the units of local government whose boundaries are
2974within the metropolitan area of each M.P.O. and shall identify
2975those projects that are inconsistent with such comprehensive
2976plans. The Department of Community Affairs shall notify an
2977M.P.O. of any transportation projects contained in its
2978transportation improvement program which are inconsistent with
2979the approved local government comprehensive plans of the units
2980of local government whose boundaries are within the metropolitan
2981area of the M.P.O.
2982     (h)  The M.P.O. shall annually publish or otherwise make
2983available for public review the annual listing of projects for
2984which federal funds have been obligated in the preceding year.
2985Project monitoring systems must be maintained by those agencies
2986responsible for obligating federal funds and made accessible to
2987the M.P.O.'s.
2988     (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
2989develop, in cooperation with the department and public
2990transportation providers, a unified planning work program that
2991lists all planning tasks to be undertaken during the program
2992year. The unified planning work program must provide a complete
2993description of each planning task and an estimated budget
2994therefor and must comply with applicable state and federal law.
2995     (9)  AGREEMENTS.--
2996     (a)  Each M.P.O. shall execute the following written
2997agreements, which shall be reviewed, and updated as necessary,
2998every 5 years:
2999     1.  An agreement with the department clearly establishing
3000the cooperative relationship essential to accomplish the
3001transportation planning requirements of state and federal law.
3002     2.  An agreement with the metropolitan and regional
3003intergovernmental coordination and review agencies serving the
3004metropolitan areas, specifying the means by which activities
3005will be coordinated and how transportation planning and
3006programming will be part of the comprehensive planned
3007development of the area.
3008     3.  An agreement with operators of public transportation
3009systems, including transit systems, commuter rail systems,
3010airports, seaports, and spaceports, describing the means by
3011which activities will be coordinated and specifying how public
3012transit, commuter rail, aviation, seaport, and aerospace
3013planning and programming will be part of the comprehensive
3014planned development of the metropolitan area.
3015     (b)  An M.P.O. may execute other agreements required by
3016state or federal law or as necessary to properly accomplish its
3017functions.
3018     (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
3019COUNCIL.--
3020     (a)  A Metropolitan Planning Organization Advisory Council
3021is created to augment, and not supplant, the role of the
3022individual M.P.O.'s in the cooperative transportation planning
3023process described in this section.
3024     (b)  The council shall consist of one representative from
3025each M.P.O. and shall elect a chairperson annually from its
3026number. Each M.P.O. shall also elect an alternate representative
3027from each M.P.O. to vote in the absence of the representative.
3028Members of the council do not receive any compensation for their
3029services, but may be reimbursed from funds made available to
3030council members for travel and per diem expenses incurred in the
3031performance of their council duties as provided in s. 112.061.
3032     (c)  The powers and duties of the Metropolitan Planning
3033Organization Advisory Council are to:
3034     1.  Enter into contracts with individuals, private
3035corporations, and public agencies.
3036     2.  Acquire, own, operate, maintain, sell, or lease
3037personal property essential for the conduct of business.
3038     3.  Accept funds, grants, assistance, gifts, or bequests
3039from private, local, state, or federal sources.
3040     4.  Establish bylaws and adopt rules pursuant to ss.
3041120.536(1) and 120.54 to implement provisions of law conferring
3042powers or duties upon it.
3043     5.  Assist M.P.O.'s in carrying out the urbanized area
3044transportation planning process by serving as the principal
3045forum for collective policy discussion pursuant to law.
3046     6.  Serve as a clearinghouse for review and comment by
3047M.P.O.'s on the Florida Transportation Plan and on other issues
3048required to comply with federal or state law in carrying out the
3049urbanized area transportation and systematic planning processes
3050instituted pursuant to s. 339.155.
3051     7.  Employ an executive director and such other staff as
3052necessary to perform adequately the functions of the council,
3053within budgetary limitations. The executive director and staff
3054are exempt from part II of chapter 110 and serve at the
3055direction and control of the council. The council is assigned to
3056the Office of the Secretary of the Department of Transportation
3057for fiscal and accountability purposes, but it shall otherwise
3058function independently of the control and direction of the
3059department.
3060     8.  Adopt an agency strategic plan that provides the
3061priority directions the agency will take to carry out its
3062mission within the context of the state comprehensive plan and
3063any other statutory mandates and directions given to the agency.
3064     (11)  APPLICATION OF FEDERAL LAW.--Upon notification by an
3065agency of the Federal Government that any provision of this
3066section conflicts with federal laws or regulations, such federal
3067laws or regulations will take precedence to the extent of the
3068conflict until such conflict is resolved. The department or an
3069M.P.O. may take any necessary action to comply with such federal
3070laws and regulations or to continue to remain eligible to
3071receive federal funds.
3072     Section 21.  Section 339.28171, Florida Statutes, is
3073created to read:
3074     339.28171  Transportation Incentive Program for a
3075Sustainable Florida.--
3076     (1)  There is created within the Department of
3077Transportation a Transportation Incentive Program for a
3078Sustainable Florida, which may be cited as TRIP for a
3079Sustainable Florida, for the purpose of providing grants to
3080local governments to improve a transportation facility or system
3081which addresses an identified concurrency management system
3082backlog or relieve traffic congestion in urban infill and
3083redevelopment areas. Bridge projects off of the State Highway
3084System are eligible to receive funding from this program.
3085     (2)  To be eligible for consideration, projects must be
3086consistent with local government comprehensive plans, the
3087transportation improvement program of the applicable
3088metropolitan organization, and the Strategic Intermodal System
3089plan developed in accordance with s. 339.64.
3090     (3)  The funds shall be distributed by the department to
3091each district in accordance with the statutory formula pursuant
3092to s. 339.135(4). The district secretary shall use the following
3093criteria to evaluate the project applications:
3094     (a)  The level of local government funding efforts.
3095     (b)  The level of local, regional, or private financial
3096matching funds as a percentage of the overall project cost.
3097     (c)  The ability of local government to rapidly address
3098project construction.
3099     (d)  The level of municipal and county agreement on the
3100scope of the proposed project.
3101     (e)  Whether the project is located within and supports the
3102objectives of an urban infill area, a community redevelopment
3103area, an urban redevelopment area, or a concurrency management
3104area.
3105     (f)  The extent to which the project would foster public-
3106private partnerships and investment.
3107     (g)  The extent to which the project protects
3108environmentally sensitive areas.
3109     (h)  The extent to which the project would support urban
3110mobility, including public transit systems, the use of new
3111technologies, and the provision of bicycle facilities or
3112pedestrian pathways.
3113     (i)  The extent to which the project implements a regional
3114transportation plan developed in accordance with s.
3115339.155(2)(c), (d), and (e).
3116     (j)  Whether the project is subject to a local ordinance
3117that establishes corridor management techniques, including
3118access management strategies, right-of-way acquisition and
3119protection measures, appropriate land use strategies, zoning,
3120and setback requirements for adjacent land uses.
3121     (k)  Whether or not the local government has adopted a
3122vision pursuant to s. 163.3167(11) either prior to or after the
3123effective date of this act.
3124     (4)  As part of the project application, the local
3125government shall demonstrate how the proposed project implements
3126a capital improvement element and a long-term transportation
3127concurrency system, if applicable, to address the existing
3128capital improvement element backlogs.
3129     (5)  The percentage of matching funds available to
3130applicants shall be based on the following:
3131     (a)  For projects that provide capacity on the Strategic
3132Intermodal System, the percentage shall be 35 percent.
3133     (b)  For projects that provide capacity on regionally
3134significant transportation facilities identified in s.
3135339.155(2)(c), (d), and (e), the percentage shall be 50 percent
3136or up to 50 percent of the nonfederal share of the eligible
3137project costs for a public transportation facility project.
3138Total funds expended shall not exceed 20 percent of the total
3139amount available for the program. For off-system bridges, the
3140percentage shall be 50 percent. Projects to be funded pursuant
3141to this paragraph shall, at a minimum meet the following
3142additional criteria:
3143     1.  Support those transportation facilities that serve
3144national, statewide, or regional functions and function as an
3145integrated regional transportation system.
3146     2.  Be identified in the capital improvements element of a
3147comprehensive plan that has been determined to be in compliance
3148with part II of chapter 163, after the effective date of this
3149act, or to implement a long-term concurrency management system
3150adopted a local government in accordance with s. 163.3177(9).
3151     3.  Provide connectivity to the Strategic Intermodal System
3152designated pursuant to s. 339.64.
3153     4.  Support economic development and the movement of goods
3154in areas of critical economic concern designated pursuant to s.
3155288.0656(7).
3156     5.  Improve connectivity between military installations and
3157the Strategic Highway Network or the Strategic Rail Corridor
3158Network.
3159     6.  For off-system bridge projects to replace,
3160rehabilitate, paint, or install scour countermeasures to highway
3161bridges located on public roads, other than those on a federal-
3162aid highway, such projects shall, at a minimum:
3163     (a)  Be classified as a structurally deficient bridge with
3164a poor condition rating for either the deck, superstructure, or
3165substructure component, or culvert.
3166     (b)  Have a sufficiency rating of 35 or below.
3167     (c)  Have average daily traffic of at least 500 vehicles.
3168
3169Special consideration shall be given to bridges that are closed
3170to all traffic or that have a load restriction of less than 10
3171tons.
3172     (c)  For local projects that demonstrate capacity
3173improvements in the urban service boundary, urban infill, or
3174urban redevelopment area or provide such capacity replacement to
3175the State Intrastate Highway System, the percentage shall be 65
3176percent.
3177     (6)  The department may administer contracts at the request
3178of a local government selected to receive funding for a project
3179under this section. All projects funded under this section shall
3180be included in the department's work program developed pursuant
3181to s. 339.135.
3182     Section 22.  Subsection (1) and paragraph (c) of subsection
3183(4) of section 339.2818, Florida Statutes, are amended to read:
3184     339.2818  Small County Outreach Program.--
3185     (1)  There is created within the Department of
3186Transportation the Small County Outreach Program. The purpose of
3187this program is to assist small county governments to improve a
3188transportation facility or system which addresses identified
3189concurrency management system backlog and relieves traffic
3190congestion, or to assist in resurfacing or reconstructing county
3191roads or in constructing capacity or safety improvements to
3192county roads.
3193     (4)
3194     (c)  The following criteria shall be used to prioritize
3195road projects for funding under the program:
3196     1.  The primary criterion is the physical condition of the
3197road as measured by the department.
3198     1.2.  As secondary criteria The department may consider:
3199     a.  Whether a road is used as an evacuation route.
3200     b.  Whether a road has high levels of agricultural travel.
3201     c.  Whether a road is considered a major arterial route.
3202     d.  Whether a road is considered a feeder road.
3203     e.  Other criteria related to the impact of a project on
3204the public road system or on the state or local economy as
3205determined by the department.
3206     2.  As secondary criteria, the department may consider the
3207physical condition of the road as measured by the department.
3208     Section 23.  Section 339.55, Florida Statutes, is amended
3209to read:
3210     339.55  State-funded infrastructure bank.--
3211     (1)  There is created within the Department of
3212Transportation a state-funded infrastructure bank for the
3213purpose of providing loans and credit enhancements to government
3214units and private entities for use in constructing and improving
3215transportation facilities.
3216     (2)  The bank may lend capital costs or provide credit
3217enhancements for:
3218     (a)  A transportation facility project that is on the State
3219Highway System or that provides for increased mobility on the
3220state's transportation system or provides intermodal
3221connectivity with airports, seaports, rail facilities, and other
3222transportation terminals, pursuant to s. 341.053, for the
3223movement of people and goods.
3224     (b)  Transportation Incentive Program for a Sustainable
3225Florida projects identified pursuant to s. 339.28171.
3226     (3)  Loans from the bank may be subordinated to senior
3227project debt that has an investment grade rating of "BBB" or
3228higher.
3229     (4)(3)  Loans from the bank may bear interest at or below
3230market interest rates, as determined by the department.
3231Repayment of any loan from the bank shall commence not later
3232than 5 years after the project has been completed or, in the
3233case of a highway project, the facility has opened to traffic,
3234whichever is later, and shall be repaid in no more than 30
3235years.
3236     (5)(4)  Except as provided in s. 339.137, To be eligible
3237for consideration, projects must be consistent, to the maximum
3238extent feasible, with local metropolitan planning organization
3239plans and local government comprehensive plans and must provide
3240a dedicated repayment source to ensure the loan is repaid to the
3241bank.
3242     (6)  Funding awarded for projects under paragraph (2)(b)
3243must be matched by a minimum of 25 percent from funds other than
3244the state-funded infrastructure bank loan.
3245     (7)(5)  The department may consider, but is not limited to,
3246the following criteria for evaluation of projects for assistance
3247from the bank:
3248     (a)  The credit worthiness of the project.
3249     (b)  A demonstration that the project will encourage,
3250enhance, or create economic benefits.
3251     (c)  The likelihood that assistance would enable the
3252project to proceed at an earlier date than would otherwise be
3253possible.
3254     (d)  The extent to which assistance would foster innovative
3255public-private partnerships and attract private debt or equity
3256investment.
3257     (e)  The extent to which the project would use new
3258technologies, including intelligent transportation systems, that
3259would enhance the efficient operation of the project.
3260     (f)  The extent to which the project would maintain or
3261protect the environment.
3262     (g)  A demonstration that the project includes
3263transportation benefits for improving intermodalism, cargo and
3264freight movement, and safety.
3265     (h)  The amount of the proposed assistance as a percentage
3266of the overall project costs with emphasis on local and private
3267participation.
3268     (i)  The extent to which the project will provide for
3269connectivity between the State Highway System and airports,
3270seaports, rail facilities, and other transportation terminals
3271and intermodal options pursuant to s. 341.053 for the increased
3272accessibility and movement of people and goods.
3273     (8)(6)  Loan assistance provided by the bank shall be
3274included in the department's work program developed in
3275accordance with s. 339.135.
3276     (9)(7)  The department is authorized to adopt rules to
3277implement the state-funded infrastructure bank.
3278     Section 24.  Section 373.19615, Florida Statutes, is
3279created to read:
3280     373.19615  Florida's Sustainable Water Supplies Program.--
3281     (1)  There is hereby created "Florida's Sustainable Water
3282Supplies Program." The Legislature recognizes that alternative
3283water supply projects are more expensive to develop compared to
3284traditional water supply projects. As Florida's population
3285continues to grow, the need for alternative water supplies is
3286also growing as our groundwater supplies in portions of the
3287state are decreasing. Beginning in fiscal year 2005-2006, the
3288state shall annually appropriate $100 million for the purpose of
3289providing funding assistance to local governments for the
3290development of alternative water supply projects. At the
3291beginning of each fiscal year, beginning with fiscal year 2005-
32922006, such revenues shall be distributed to the Department of
3293Environmental Protection. The department shall then distribute
3294the revenues into alternative water supply accounts created by
3295the department for each district for the purpose of alternative
3296water supply development under the following funding formula:
3297     1.  Forty percent to the South Florida Water Management
3298District.
3299     2.  Twenty-five percent to the Southwest Florida Water
3300Management District.
3301     3.  Twenty-five percent to the St. Johns River Water
3302Management District.
3303     4.  Five percent to the Suwannee River Water Management
3304District.
3305     5.  Five percent to the Northwest Florida Water Management
3306District.
3307     (2)  For the purposes of this section, the following
3308definitions shall apply:
3309     (a)  "Alternative water supplies" includes saltwater;
3310brackish surface and groundwater; surface water captured
3311predominantly during wet-weather flows; sources made available
3312through the addition of new storage capacity for surface or
3313groundwater; water that has been reclaimed after one or more
3314public supply, municipal, industrial, commercial, or
3315agricultural uses; stormwater; and any other water supply source
3316that is designated as non-traditional for a water supply
3317planning region in the applicable regional water supply plan
3318developed under s. 373.0361.
3319     (b)  "Capital costs" means planning, design, engineering,
3320and project construction costs.
3321     (c)  "Local government" means any municipality, county,
3322special district, regional water supply authority, or
3323multijurisdictional entity, or an agency thereof, or a
3324combination of two or more of the foregoing acting jointly with
3325an alternative water supply project.
3326     (3)  To be eligible for assistance in funding capital costs
3327of alternative water supply projects under this program, the
3328water management district governing board must select those
3329alternative water supply projects that will receive financial
3330assistance. The water management district governing board shall
3331establish factors to determine project funding.
3332     (a)  Significant weight shall be given to the following
3333factors:
3334     1.  Whether the project provides substantial environmental
3335benefits by preventing or limiting adverse water resource
3336impacts.
3337     2.  Whether the project reduces competition for water
3338supplies.
3339     3.  Whether the project brings about replacement of
3340traditional sources in order to help implement a minimum flow or
3341level or a reservation.
3342     4.  Whether the project will be implemented by a
3343consumptive use permittee that has achieved the targets
3344contained in a goal-based water conservation program approved
3345pursuant to s. 373.227.
3346     5.  The quantity of water supplied by the project as
3347compared to its cost.
3348     6.  Projects in which the construction and delivery to end
3349users of reuse water are major components.
3350     7.  Whether the project will be implemented by a
3351multijurisdictional water supply entity or regional water supply
3352authority.
3353     (b)  Additional factors to be considered in determining
3354project funding shall include:
3355     1.  Whether the project is part of a plan to implement two
3356or more alternative water supply projects, all of which will be
3357operated to produce water at a uniform rate for the participants
3358in a multijurisdictional water supply entity or regional water
3359supply authority.
3360     2.  The percentage of project costs to be funded by the
3361water supplier or water user.
3362     3.  Whether the project proposal includes sufficient
3363preliminary planning and engineering to demonstrate that the
3364project can reasonably be implemented within the timeframes
3365provided in the regional water supply plan.
3366     4.  Whether the project is a subsequent phase of an
3367alternative water supply project underway.
3368     5.  Whether and in what percentage a local government or
3369local government utility is transferring water supply system
3370revenues to the local government general fund in excess of
3371reimbursements for services received from the general fund
3372including direct and indirect costs and legitimate payments in
3373lieu of taxes.
3374     (4)(a)  All projects submitted to the governing board for
3375consideration shall reflect the total cost for implementation.
3376The costs shall be segregated pursuant to the categories
3377described in the definition of capital costs.
3378     (b)  Applicants for projects that receive funding
3379assistance pursuant to this section shall be required to pay 33
33801/3 percent of the project's total capital costs.
3381     (c)  The water management district shall be required to pay
338233 1/3 percent of the project's total capital costs.
3383     (5)  After conducting one or more meetings to solicit
3384public input on eligible projects for implementation of
3385alternative water supply projects, the governing board of each
3386water management district shall select projects for funding
3387assistance based upon the above criteria. The governing board
3388may select a project identified or listed as an alternative
3389water supply development project in the regional water supply
3390plan, or may select an alternative water supply projects not
3391identified or listed in the regional water supply plan but which
3392are consistent with the goals of the plans.
3393     (6)  Once an alternative water supply project is selected
3394by the governing board, the applicant and the water management
3395district must, in writing, each commit to a financial
3396contribution of 33 1/3 percent of the project's total capital
3397costs. The water management district shall then submit a request
3398for distribution of revenues held by the department in the
3399district's alternative water supply account. The request must
3400include the amount of current and projected water demands within
3401the water management district, the additional water made
3402available by the project, the date the water will be made
3403available, and the applicant's and water management district's
3404financial commitment for the alternative water supply project.
3405Upon receipt of a request from a water management district, the
3406department shall determine whether the alternative water supply
3407project meets the department's criteria for financial
3408assistance. The department shall establish factors to determine
3409whether state financial assistance for an alternative water
3410supply project shall be granted.
3411     (a)  Significant weight shall be given to the following
3412factors:
3413     1.  Whether the project provides substantial environmental
3414benefits by preventing or limiting adverse water resource
3415impacts.
3416     2.  Whether the project reduces competition for water
3417supplies.
3418     3.  Whether the project brings about replacement of
3419traditional sources in order to help implement a minimum flow or
3420level or a reservation.
3421     4.  Whether the project will be implemented by a
3422consumptive use permittee that has achieved the targets
3423contained in a goal-based water conservation program approved
3424pursuant to s. 373.227.
3425     5.  The quantity of water supplied by the project as
3426compared to its cost.
3427     6.  Projects in which the construction and delivery to end
3428users of reuse water are major components.
3429     7.  Whether the project will be implemented by a
3430multijurisdictional water supply entity or regional water supply
3431authority.
3432     (b)  Additional factors to be considered in determining
3433project funding shall include:
3434     1.  Whether the project is part of a plan to implement two
3435or more alternative water supply projects, all of which will be
3436operated to produce water at a uniform rate for the participants
3437in a multijurisdictional water supply entity or regional water
3438supply authority.
3439     2.  The percentage of project costs to be funded by the
3440water supplier or water user.
3441     3.  Whether the project proposal includes sufficient
3442preliminary planning and engineering to demonstrate that the
3443project can reasonably be implemented within the timeframes
3444provided in the regional water supply plan.
3445     4.  Whether the project is a subsequent phase of an
3446alternative water supply project underway.
3447     5.  Whether and in what percentage a local government or
3448local government utility is transferring water supply system
3449revenues to the local government general fund in excess of
3450reimbursements for services received from the general fund
3451including direct and indirect costs and legitimate payments in
3452lieu of taxes.
3453
3454If the department determines that the project should receive
3455financial assistance, the department shall distribute to the
3456water management district 33 1/3 percent of the total capital
3457costs from the district's alternative water supply account.
3458     Section 25.  Section 373.19616, Florida Statutes, is
3459created to read:
3460     373.19616  Water Transition Assistance Program.--
3461     (1)  The Legislature recognizes that as a result of
3462Florida's increasing population, there are limited ground water
3463resources in some portions of the state to serve increased water
3464quantities demands. As a result, a transition from ground water
3465supply to more expensive alternative water supply is necessary.
3466The purpose of this section is to assist local governments by
3467establishing a low-interest revolving loan program for
3468infrastructure financing for alternative water supplies.
3469     (2)  For purposes of this section, the term:
3470     (a)  "Alternative water supplies" has the same meaning as
3471provided in s. 373.19615(2).
3472     (b)  "Local government" has the same meaning as provided in
3473s. 373.19615(2).
3474     (3)  The Department of Environmental Protection is
3475authorized to make loans to local governments to assist them in
3476planning, designing, and constructing alternative water supply
3477projects. The department may provide loan guarantees, purchase
3478loan insurance, and refinance local debt through issue of new
3479loans for alternative water supply projects approved by the
3480department. Local governments may borrow funds made available
3481pursuant to this section and may pledge any revenues or other
3482adequate security available to them to repay any funds borrowed.
3483     (4)  The term of loans made pursuant to this section shall
3484not exceed 30 years. The interest rate on such loans shall be no
3485greater than that paid on the last bonds sold pursuant to s. 14,
3486Art. VII of the State Constitution.
3487     (5)  In order to ensure that public moneys are managed in
3488an equitable and prudent manner, the total amount of money
3489loaned to any local government during a fiscal year shall be no
3490more than 25 percent of the total funds available for making
3491loans during that year. The minimum amount of a loan shall be
3492$75,000.
3493     (6)  The department may adopt rules that:
3494     (a)  Set forth a priority system for loans based on factors
3495provided for in s. 373.19615(6)(a) and (b).
3496     (b)  Establish the requirements for the award and repayment
3497of financial assistance.
3498     (c)  Require adequate security to ensure that each loan
3499recipient can meet its loan payment requirements.
3500     (d)  Establish, at the department's discretion, a specific
3501percentage of funding, not to exceed 20 percent, for financially
3502disadvantaged communities for the development of alternative
3503water supply projects. The department shall include within the
3504rule a definition of the term "financially disadvantaged
3505community," and the criteria for determining whether the project
3506serves a financially disadvantaged community. Such criteria
3507shall be based on the median household income of the service
3508population or other reliably documented measures of
3509disadvantaged status.
3510     (e)  Require each project receiving financial assistance to
3511be cost-effective, environmentally sound, implementable, and
3512self-supporting.
3513     (7)  The department shall prepare a report at the end of
3514each fiscal year detailing the financial assistance provided
3515under this section and outstanding loans.
3516     (8)  Prior to approval of a loan, the local government
3517shall, at a minimum:
3518     (a)  Provide a repayment schedule.
3519     (b)  Submit evidence of the ability of the project proposed
3520for financial assistance to be permitted and implemented.
3521     (c)  Submit plans and specifications, biddable contract
3522documents, or other documentation of appropriate procurement of
3523goods and services.
3524     (d)  Provide assurance that records will be kept using
3525generally accepted accounting principles and that the department
3526or its agent and the Auditor General will have access to all
3527records pertaining to the loan.
3528     (9)  The department may conduct an audit of the loan
3529project upon completion or may require that a separate project
3530audit, prepared by an independent certified public accountant,
3531be submitted.
3532     (10)  The department may require reasonable service fees on
3533loans made to local governments to ensure that the program will
3534be operated in perpetuity and to implement the purposes
3535authorized under this section. Service fees shall not be more
3536than 4 percent of the loan amount exclusive of the service fee.
3537The fee revenues, and interest earnings thereon, shall be used
3538exclusively to carry out the purposes of this section.
3539     (11)  All moneys available for financial assistance under
3540this section shall be appropriated to the department exclusively
3541to carry out this program. The principal and interest of all
3542loans repaid and interest shall be used exclusively to carry out
3543this section.
3544     (12)(a)  If a local government agency defaults under the
3545terms of its loan agreement, the department shall certify the
3546default to the Chief Financial Officer, shall forward the
3547delinquent amount to the department from any unobligated funds
3548due to the local government agency under any revenue-sharing or
3549tax-sharing fund established by the state, except as otherwise
3550provided by the State Constitution. Certification of delinquency
3551shall not limit the department from pursuing other remedies
3552available for default on a loan, including accelerating loan
3553repayments, eliminating all or part of the interest rate subsidy
3554on the loan, and court appointment of a receiver to manage
3555alternative water supply project.
3556     (b)  The department may impose penalty for delinquent local
3557payments in the amount of 6 percent of the amount due, in
3558addition to charging the cost to handle and process the debt.
3559Penalty interest shall accrue on any amount due and payable
3560beginning on the 30th day following the date upon which payment
3561is due.
3562     (13)  The department may terminate or rescind a financial
3563assistance agreement when the local government fails to comply
3564with the terms and conditions of the agreement.
3565     Section 26.  Paragraphs (l) and (m) are added to subsection
3566(24) of section 380.06, Florida Statutes, to read:
3567     380.06  Developments of regional impact.--
3568     (24)  STATUTORY EXEMPTIONS.--
3569     (l)  Any proposed development or redevelopment within an
3570area designated for:
3571     1.  Urban infill development as designated in the
3572comprehensive plan;
3573     2.  Urban redevelopment as designated in the comprehensive
3574plan;
3575     3.  Downtown revitalization as designated in the
3576comprehensive plan; or
3577     4.  Urban infill and redevelopment under s. 163.2517 as
3578designated in the comprehensive plan,
3579
3580is exempt from the provisions of this section. However, a
3581municipality with a population of 7,500 or fewer may adopt an
3582ordinance imposing a fee upon an applicant for purposes of
3583reimbursing the municipality for the reasonable costs that the
3584municipality may incur in reviewing any project which is exempt
3585under this subparagraph. The municipality may use all or part of
3586this fee to employ professional expertise to ensure that the
3587impacts of such projects are properly evaluated. Municipalities
3588adopting such ordinances may not impose a fee on a project in
3589excess of its actual out-of-pocket reasonable review costs. A
3590copy of such ordinance shall be transmitted to the state land
3591planning agency and the applicable regional planning council.
3592     (m)  Any proposed development within a rural land
3593stewardship area created pursuant to s. 163.3177(11)(d) is
3594exempt from the provisions of this section.
3595     Section 27.  Section 380.115, Florida Statutes, is amended
3596to read:
3597     380.115  Vested rights and duties; effect of size
3598reduction; changes in guidelines and standards chs. 2002-20 and
35992002-296.--
3600     (1)  A change in a development of regional impact guideline
3601or standard does not abridge or modify Nothing contained in this
3602act abridges or modifies any vested or other right or any duty
3603or obligation pursuant to any development order or agreement
3604that is applicable to a development of regional impact on the
3605effective date of this act. A development that has received a
3606development-of-regional-impact development order pursuant to s.
3607380.06, but would is no longer be required to undergo
3608development-of-regional-impact review by operation of a change
3609in the guidelines and standards or has reduced its size below
3610the thresholds in s. 380.0651 this act, shall be governed by the
3611following procedures:
3612     (a)  The development shall continue to be governed by the
3613development-of-regional-impact development order and may be
3614completed in reliance upon and pursuant to the development order
3615unless the developer or landowner has followed the procedures
3616for rescission in paragraph (b). The development-of-regional-
3617impact development order may be enforced by the local government
3618as provided by ss. 380.06(17) and 380.11.
3619     (b)  If requested by the developer or landowner, the
3620development-of-regional-impact development order shall may be
3621rescinded by the local government with jurisdiction upon a
3622showing by clear and convincing evidence that all required
3623mitigation relating to the amount of development existing on the
3624date of rescission has been completed abandoned pursuant to the
3625process in s. 380.06(26).
3626     (2)  A development with an application for development
3627approval pending, and determined sufficient pursuant to s.
3628380.06(10), on the effective date of a change to the guidelines
3629and standards this act, or a notification of proposed change
3630pending on the effective date of a change to the guidelines and
3631standards this act, may elect to continue such review pursuant
3632to s. 380.06. At the conclusion of the pending review, including
3633any appeals pursuant to s. 380.07, the resulting development
3634order shall be governed by the provisions of subsection (1).
3635     (3)  A landowner that has filed an application for a
3636development of regional impact review prior to the adoption of
3637an optional sector plan pursuant to s. 163.3245 may elect to
3638have the application reviewed pursuant to s. 380.06,
3639comprehensive plan provisions in force prior to adoption of the
3640sector plan and any requested comprehensive plan amendments that
3641accompany the application.
3642     Section 28.  The Office of Program Policy Analysis and
3643Government Accountability shall conduct a study on adjustments
3644to the boundaries of regional planning councils, water
3645management districts, and transportation districts. The purpose
3646of the study is to organize these regional boundaries, without
3647eliminating any regional agency, to be more coterminous with one
3648another, creating a more unified system of regional boundaries.
3649The study must be completed by December 31, 2005, and a study
3650report submitted to the President of the Senate, the Speaker of
3651the House of Representatives, and the Governor and the Century
3652Commission for a Sustainable Florida by January 15, 2006.
3653     Section 29.  Subsections (2), (3), (6), and (12) of section
36541013.33, Florida Statutes, are amended to read:
3655     1013.33  Coordination of planning with local governing
3656bodies.--
3657     (2)(a)  The school board, county, and nonexempt
3658municipalities located within the geographic area of a school
3659district shall enter into an interlocal agreement that jointly
3660establishes the specific ways in which the plans and processes
3661of the district school board and the local governments are to be
3662coordinated. Any updated The interlocal agreements and
3663amendments to such agreements shall be submitted to the state
3664land planning agency and the Office of Educational Facilities
3665and the SMART Schools Clearinghouse in accordance with a
3666schedule published by the state land planning agency pursuant to
3667s. 163.3177(12)(h).
3668     (b)  The schedule must establish staggered due dates for
3669submission of interlocal agreements that are executed by both
3670the local government and district school board, commencing on
3671March 1, 2003, and concluding by December 1, 2004, and must set
3672the same date for all governmental entities within a school
3673district. However, if the county where the school district is
3674located contains more than 20 municipalities, the state land
3675planning agency may establish staggered due dates for the
3676submission of interlocal agreements by these municipalities. The
3677schedule must begin with those areas where both the number of
3678districtwide capital-outlay full-time-equivalent students equals
367980 percent or more of the current year's school capacity and the
3680projected 5-year student growth rate is 1,000 or greater, or
3681where the projected 5-year student growth rate is 10 percent or
3682greater.
3683     (b)(c)  If the student population has declined over the 5-
3684year period preceding the due date for submittal of an
3685interlocal agreement by the local government and the district
3686school board, the local government and district school board may
3687petition the state land planning agency for a waiver of one or
3688more of the requirements of subsection (3). The waiver must be
3689granted if the procedures called for in subsection (3) are
3690unnecessary because of the school district's declining school
3691age population, considering the district's 5-year work program
3692prepared pursuant to s. 1013.35. The state land planning agency
3693may modify or revoke the waiver upon a finding that the
3694conditions upon which the waiver was granted no longer exist.
3695The district school board and local governments must submit an
3696interlocal agreement within 1 year after notification by the
3697state land planning agency that the conditions for a waiver no
3698longer exist.
3699     (c)(d)  Interlocal agreements between local governments and
3700district school boards adopted pursuant to s. 163.3177 before
3701the effective date of subsections (2)-(9) must be updated and
3702executed pursuant to the requirements of subsections (2)-(9), if
3703necessary. Amendments to interlocal agreements adopted pursuant
3704to subsections (2)-(9) must be submitted to the state land
3705planning agency within 30 days after execution by the parties
3706for review consistent with subsections (3) and (4). Local
3707governments and the district school board in each school
3708district are encouraged to adopt a single updated interlocal
3709agreement in which all join as parties. The state land planning
3710agency shall assemble and make available model interlocal
3711agreements meeting the requirements of subsections (2)-(9) and
3712shall notify local governments and, jointly with the Department
3713of Education, the district school boards of the requirements of
3714subsections (2)-(9), the dates for compliance, and the sanctions
3715for noncompliance. The state land planning agency shall be
3716available to informally review proposed interlocal agreements.
3717If the state land planning agency has not received a proposed
3718interlocal agreement for informal review, the state land
3719planning agency shall, at least 60 days before the deadline for
3720submission of the executed agreement, renotify the local
3721government and the district school board of the upcoming
3722deadline and the potential for sanctions.
3723     (3)  At a minimum, The interlocal agreement must address
3724the following issues required in s. 163.31777.:
3725     (a)  A process by which each local government and the
3726district school board agree and base their plans on consistent
3727projections of the amount, type, and distribution of population
3728growth and student enrollment. The geographic distribution of
3729jurisdiction-wide growth forecasts is a major objective of the
3730process.
3731     (b)  A process to coordinate and share information relating
3732to existing and planned public school facilities, including
3733school renovations and closures, and local government plans for
3734development and redevelopment.
3735     (c)  Participation by affected local governments with the
3736district school board in the process of evaluating potential
3737school closures, significant renovations to existing schools,
3738and new school site selection before land acquisition. Local
3739governments shall advise the district school board as to the
3740consistency of the proposed closure, renovation, or new site
3741with the local comprehensive plan, including appropriate
3742circumstances and criteria under which a district school board
3743may request an amendment to the comprehensive plan for school
3744siting.
3745     (d)  A process for determining the need for and timing of
3746onsite and offsite improvements to support new construction,
3747proposed expansion, or redevelopment of existing schools. The
3748process shall address identification of the party or parties
3749responsible for the improvements.
3750     (e)  A process for the school board to inform the local
3751government regarding school capacity. The capacity reporting
3752must be consistent with laws and rules regarding measurement of
3753school facility capacity and must also identify how the district
3754school board will meet the public school demand based on the
3755facilities work program adopted pursuant to s. 1013.35.
3756     (f)  Participation of the local governments in the
3757preparation of the annual update to the school board's 5-year
3758district facilities work program and educational plant survey
3759prepared pursuant to s. 1013.35.
3760     (g)  A process for determining where and how joint use of
3761either school board or local government facilities can be shared
3762for mutual benefit and efficiency.
3763     (h)  A procedure for the resolution of disputes between the
3764district school board and local governments, which may include
3765the dispute resolution processes contained in chapters 164 and
3766186.
3767     (i)  An oversight process, including an opportunity for
3768public participation, for the implementation of the interlocal
3769agreement.
3770
3771A signatory to the interlocal agreement may elect not to include
3772a provision meeting the requirements of paragraph (e); however,
3773such a decision may be made only after a public hearing on such
3774election, which may include the public hearing in which a
3775district school board or a local government adopts the
3776interlocal agreement. An interlocal agreement entered into
3777pursuant to this section must be consistent with the adopted
3778comprehensive plan and land development regulations of any local
3779government that is a signatory.
3780     (6)  Any local government transmitting a public school
3781element to implement school concurrency pursuant to the
3782requirements of s. 163.3180 before July 1, 2005, the effective
3783date of this section is not required to amend the element or any
3784interlocal agreement to conform with the provisions of
3785subsections (2)-(8) if the element is adopted prior to or within
37861 year after the effective date of subsections (2)-(8) and
3787remains in effect.
3788     (12)  As early in the design phase as feasible and
3789consistent with an interlocal agreement entered pursuant to
3790subsections (2)-(8), but no later than 120 90 days before
3791commencing construction, the district school board shall in
3792writing request a determination of consistency with the local
3793government's comprehensive plan. The local governing body that
3794regulates the use of land shall determine, in writing within 45
3795days after receiving the necessary information and a school
3796board's request for a determination, whether a proposed
3797educational facility is consistent with the local comprehensive
3798plan and consistent with local land development regulations. If
3799the determination is affirmative, school construction may
3800commence and further local government approvals are not
3801required, except as provided in this section. Failure of the
3802local governing body to make a determination in writing within
380390 days after a district school board's request for a
3804determination of consistency shall be considered an approval of
3805the district school board's application. Campus master plans and
3806development agreements must comply with the provisions of ss.
38071013.30 and 1013.63.
3808     Section 30.  Section 1013.352, Florida Statutes, is created
3809to read:
3810     1013.352  Charter School Incentive Program for Sustainable
3811Schools.--
3812     (1)  There is hereby created the "Charter School Incentive
3813Program for Sustainable Schools." Recognizing that there is an
3814increasing deficit in educational facilities in this state, the
3815Legislature believes that there is a need for creativeness in
3816planning and development of additional educational facilities.
3817To assist with the development of educational facilities, those
3818charter schools whose charters are approved within 18 months
3819after the effective date of this act shall be eligible for state
3820funds under the following conditions:
3821     (a)  The charter school is created to address school over-
3822capacity issues or growth demands within the county.
3823     (b)  A joint letter from the district school board and the
3824charter school has been submitted with the proposed charter
3825school charter that provides that the school board authorized
3826the charter school as a result of school overcrowding or growth
3827demands within the county and the school board requests that the
3828requirement of s. 1013.62(1)(a)1. are waived.
3829     (c)  The charter school has received an in-kind
3830contribution or equivalent from an outside source other than the
3831district school board that has been, at a minimum, equally
3832matched by the district school board.
3833
3834Notwithstanding s. 1013.62(7), if the above conditions apply,
3835the Commissioner of Education, in consultation with the
3836Department of Community Affairs shall distribute up to $3
3837million per charter school based upon the amount of the in-kind
3838contribution or functional equivalent from an outside source
3839that has been matched by the district school board or the
3840contribution or functional equivalent by the district school
3841board, whichever amount is greater, up to $3 million. Under no
3842conditions may the Commissioner of Education distribute funds to
3843a newly chartered charter school that has not received an in-
3844kind contribution or equivalent from an outside source other
3845than the district school board and which has not been, at a
3846minimum, equally matched by the district school board.
3847     (2)  A newly created charter school that receives
3848distribution of funds under this program shall not be eligible
3849for charter schools outlay funding under s. 1013.62.
3850     Section 31.  Subsection (2) of section 1013.64, Florida
3851Statutes, is amended to read:
3852     1013.64  Funds for comprehensive educational plant needs;
3853construction cost maximums for school district capital
3854projects.--Allocations from the Public Education Capital Outlay
3855and Debt Service Trust Fund to the various boards for capital
3856outlay projects shall be determined as follows:
3857     (2)(a)  The department shall establish, as a part of the
3858Public Education Capital Outlay and Debt Service Trust Fund, a
3859separate account, in an amount determined by the Legislature, to
3860be known as the "Special Facility Construction Account." The
3861Special Facility Construction Account shall be used to provide
3862necessary construction funds to school districts which have
3863urgent construction needs but which lack sufficient resources at
3864present, and cannot reasonably anticipate sufficient resources
3865within the period of the next 3 years, for these purposes from
3866currently authorized sources of capital outlay revenue. A school
3867district requesting funding from the Special Facility
3868Construction Account shall submit one specific construction
3869project, not to exceed one complete educational plant, to the
3870Special Facility Construction Committee. No district shall
3871receive funding for more than one approved project in any 3-year
3872period. The first year of the 3-year period shall be the first
3873year a district receives an appropriation. The department shall
3874encourage a construction program that reduces the average size
3875of schools in the district. The request must meet the following
3876criteria to be considered by the committee:
3877     1.  The project must be deemed a critical need and must be
3878recommended for funding by the Special Facility Construction
3879Committee. Prior to developing plans for the proposed facility,
3880the district school board must request a preapplication review
3881by the Special Facility Construction Committee or a project
3882review subcommittee convened by the committee to include two
3883representatives of the department and two staff from school
3884districts not eligible to participate in the program. Within 60
3885days after receiving the preapplication review request, the
3886committee or subcommittee must meet in the school district to
3887review the project proposal and existing facilities. To
3888determine whether the proposed project is a critical need, the
3889committee or subcommittee shall consider, at a minimum, the
3890capacity of all existing facilities within the district as
3891determined by the Florida Inventory of School Houses; the
3892district's pattern of student growth; the district's existing
3893and projected capital outlay full-time equivalent student
3894enrollment as determined by the department; the district's
3895existing satisfactory student stations; the use of all existing
3896district property and facilities; grade level configurations;
3897and any other information that may affect the need for the
3898proposed project.
3899     2.  The construction project must be recommended in the
3900most recent survey or surveys by the district under the rules of
3901the State Board of Education.
3902     3.  The construction project must appear on the district's
3903approved project priority list under the rules of the State
3904Board of Education.
3905     4.  The district must have selected and had approved a site
3906for the construction project in compliance with s. 1013.36 and
3907the rules of the State Board of Education.
3908     5.  The district shall have developed a district school
3909board adopted list of facilities that do not exceed the norm for
3910net square feet occupancy requirements under the State
3911Requirements for Educational Facilities, using all possible
3912programmatic combinations for multiple use of space to obtain
3913maximum daily use of all spaces within the facility under
3914consideration.
3915     6.  Upon construction, the total cost per student station,
3916including change orders, must not exceed the cost per student
3917station as provided in subsection (6).
3918     7.  There shall be an agreement signed by the district
3919school board stating that it will advertise for bids within 30
3920days of receipt of its encumbrance authorization from the
3921department.
3922     8.  The district shall, at the time of the request and for
3923a continuing period of 3 years, levy the maximum millage against
3924their nonexempt assessed property value as allowed in s.
39251011.71(2) or shall raise an equivalent amount of revenue from
3926the school capital outlay surtax authorized under s. 212.055(6).
3927Any district with a new or active project, funded under the
3928provisions of this subsection, shall be required to budget no
3929more than the value of 1.5 mills per year to the project to
3930satisfy the annual participation requirement in the Special
3931Facility Construction Account.
3932     9.  If a contract has not been signed 90 days after the
3933advertising of bids, the funding for the specific project shall
3934revert to the Special Facility New Construction Account to be
3935reallocated to other projects on the list. However, an
3936additional 90 days may be granted by the commissioner.
3937     10.  The department shall certify the inability of the
3938district to fund the survey-recommended project over a
3939continuous 3-year period using projected capital outlay revenue
3940derived from s. 9(d), Art. XII of the State Constitution, as
3941amended, paragraph (3)(a) of this section, and s. 1011.71(2).
3942     11.  The district shall have on file with the department an
3943adopted resolution acknowledging its 3-year commitment of all
3944unencumbered and future revenue acquired from s. 9(d), Art. XII
3945of the State Constitution, as amended, paragraph (3)(a) of this
3946section, and s. 1011.71(2).
3947     12.  Final phase III plans must be certified by the board
3948as complete and in compliance with the building and life safety
3949codes prior to August 1.
3950     (b)  The department shall establish, as a part of the
3951Public Education Capital Outlay and Debt Service Trust Fund, a
3952separate account, in an amount determined by the Legislature, to
3953be known as the "High Growth County Facility Construction
3954Account." The account shall be used to provide necessary
3955construction funds to high growth school districts which have
3956urgent construction needs, but which lack sufficient resources
3957at present and cannot reasonably anticipate sufficient resources
3958within the period of the next 3 years, for these purposes from
3959currently authorized sources of capital outlay revenue and local
3960sources. A school district requesting funding from the account
3961shall submit one specific construction project, not to exceed
3962one complete educational plant, to the Special Facility
3963Construction Committee. No district shall receive funding for
3964more than one approved project in any 2-year period, provided
3965that any grants received under this paragraph must be fully
3966expended in order for a district to apply for additional funding
3967under this paragraph and all Classrooms First funds have been
3968allocated and expended by the district. The first year of the 2-
3969year period shall be the first year a district receives an
3970appropriation. The request must meet the following criteria to
3971be considered by the committee:
3972     1.  The project must be deemed a critical need and must be
3973recommended for funding by the Special Facility Construction
3974Committee. Prior to developing plans for the proposed facility,
3975the district school board must request a preapplication review
3976by the Special Facility Construction Committee or a project
3977review subcommittee convened by the committee to include two
3978representatives of the department and two staff from school
3979districts not eligible to participate in the program. Within 60
3980days after receiving the preapplication review request, the
3981committee or subcommittee must meet in the school district to
3982review the project proposal and existing facilities. To
3983determine whether the proposed project is a critical need, the
3984committee or subcommittee shall consider, at a minimum, the
3985capacity of all existing facilities within the district as
3986determined by the Florida Inventory of School Houses; the
3987district's pattern of student growth with priority given to
3988those districts that have equaled or exceeded twice the
3989statewide average in growth in capital outlay full-time
3990equivalent students over the previous 4 fiscal years; the
3991district's existing and projected capital outlay full-time
3992equivalent student enrollment as determined by the department
3993with priority given to these districts with 20,000 or more
3994capital outlay full-time equivalent students; the district's
3995existing satisfactory student stations; the use of all existing
3996district property and facilities; grade level configurations;
3997and any other information that may affect the need for the
3998proposed project.
3999     2.  The construction project must be recommended in the
4000most recent survey or surveys by the district under the rules of
4001the State Board of Education.
4002     3.  The construction project includes either a recreational
4003facility or media center that will be jointly used with a local
4004government.
4005     4.  The construction project must appear on the district's
4006approved project priority list under the rules of the State
4007Board of Education.
4008     5.  The district must have selected and had approved a site
4009for the construction project in compliance with the interlocal
4010agreement with the appropriate local government, s. 1013.36, and
4011the rules of the State Board of Education.
4012     6.  The district shall have developed a district school
4013board adopted list of facilities that do not exceed the norm for
4014net square feet occupancy requirements under the state
4015requirements for educational facilities, using all possible
4016programmatic combinations for multiple use of space to obtain
4017maximum daily use of all spaces within the facility under
4018consideration.
4019     7.  Upon construction, the total cost per student station,
4020including change orders, must not exceed the cost per student
4021station as provided in subsection (6).
4022     8.  There shall be an agreement signed by the district
4023school board stating that it will advertise for bids within 30
4024days after receipt of its encumbrance authorization from the
4025department.
4026     9.  If a contract has not been signed 90 days after the
4027advertising of bids, the funding for the specific project shall
4028revert to the Special Facility Construction Account to be
4029reallocated to other projects on the list. However, an
4030additional 90 days may be granted by the commissioner.
4031     10.  Final phase III plans must be certified by the board
4032as complete and in compliance with the building and life safety
4033codes prior to August 1.
4034     (c)(b)  The Special Facility Construction Committee shall
4035be composed of the following: two representatives of the
4036Department of Education, a representative from the Governor's
4037office, a representative selected annually by the district
4038school boards, and a representative selected annually by the
4039superintendents.
4040     (d)(c)  The committee shall review the requests submitted
4041from the districts, evaluate the ability of the project to
4042relieve critical needs, and rank the requests in priority order.
4043This statewide priority list for special facilities construction
4044shall be submitted to the Legislature in the commissioner's
4045annual capital outlay legislative budget request at least 45
4046days prior to the legislative session. For the initial year of
4047the funding of the program outlined in paragraph (b), the
4048Special Facility Construction Committee shall authorize the
4049disbursement of funds appropriated by the Legislature for the
4050purposes of the program funded by the High Growth County
4051Facility Construction Account created in paragraph (b).
4052     Section 32.  School Concurrency Task Force.-
4053     (1)  The School Concurrency Task Force is created to review
4054the requirements for school concurrency in law and make
4055recommendations regarding streamlining the process and
4056procedures for establishing school concurrency. The task force
4057shall also examine the methodology and processes used for the
4058funding of construction of public schools and make
4059recommendations on revisions to provisions of law and rules
4060which will help ensure that schools are built and available when
4061the expected demands of growth produce the need for new school
4062facilities.
4063     (2)  The task force shall be composed of 11 members. The
4064membership must represent local governments, school boards,
4065developers and homebuilders, the business community, the
4066agriculture community, the environmental community, and other
4067appropriate stakeholders. The task force shall include two
4068members appointed by the Governor, two members appointed by the
4069President of the Senate, two members appointed by the Speaker of
4070the House of Representatives, one member appointed by the
4071Florida School Boards Association, one member appointed by the
4072Florida Association of Counties, and one member appointed by the
4073Florida League of Cities. The Secretary of the Department of
4074Community Affairs, or a senior management designee, and the
4075Commissioner of Education, or a senior management designee,
4076shall also be ex officio nonvoting members on the task force.
4077     (3)  The task force shall report to the Governor, the
4078President of the Senate, and the Speaker of the House of
4079Representatives no later than December 1, 2005, with specific
4080recommendations for revisions to provisions of law and rules.
4081     Section 33.  Florida Impact Fee Review Task Force.--
4082     (1)  The Legislature recognizes that impact fees have been
4083an important source of revenues to local governments to fund new
4084growth. Local governments have assumed this responsibility under
4085their constitutional home rule authority. With the increased use
4086of impact fees, questions have arisen about whether their use
4087should be regulated by law.
4088     (2)  Effective upon this act becoming law, the Florida
4089Impact Fee Review Task Force is created.
4090     (3)(a)  The task force is to be composed of the following
409115 members, who shall be appointed within 30 days after the
4092effective date of this section.
4093     1.  Eleven members selected by the Governor, none of whom
4094may be a member of the Legislature at the time of the
4095appointment, as follows: two members of a county commission, two
4096members of a city commission or council, two members of a local
4097school board, two members of the development community, and two
4098members of the homebuilding community. The Governor shall
4099designate one additional appointee as chairman.
4100     2.  One Senator appointed by the President of the Senate,
4101and one member of the House of Representatives appointed by the
4102Speaker of the House of Representatives, who shall be ex
4103officio, nonvoting members.
4104     3.  One citizen appointed by the President of the Senate,
4105and one citizen appointed by the Speaker of the House of
4106Representatives. The citizen appointees shall have no current or
4107past direct relationship to local government, school boards, or
4108the development or homebuilding industries.
4109     4.  The Secretary of the Department of Community Affairs or
4110his designee is to serve as an ex officio, nonvoting member.
4111     (4)(a)  The task force shall act as an advisory body to the
4112Governor and the Legislature.
4113     (b)  The task force shall convene its initial meeting
4114within 60 days after the effective date of this section and
4115thereafter at the call of its chair.
4116     (c)  Task Force members shall not receive remuneration for
4117their services, but are entitled to reimbursement by the
4118Legislative Committee on Intergovernmental Relations for travel
4119and per diem expenses in accordance with s. 112.061, Florida
4120Statutes.
4121     (5)  The Task Force shall survey and review current use of
4122impact fees as a method of financing local infrastructure to
4123accommodate new growth and current case law controlling the use
4124of impact fees. To the extent feasible, the review is to include
4125consideration of the following:
4126     (a)  Local government criteria and methodology used for the
4127determination of the amount of impact fees.
4128     (b)  Application and relative burden of impact fees in
4129different areas of the state in relation to other methods of
4130financing new infrastructure.
4131     (c)  The range of use of impact fees as a percentage of the
4132total capital costs for infrastructure needs created by new
4133development.
4134     (d)  The methods used by local governments for the
4135accounting and reporting of the collection and expenditure of
4136all impact fees.
4137     (e)  Notice provisions prior to adoption and the effective
4138date of local ordinances creating a new impact fee or increasing
4139an existing impact fee.
4140     (f)  Interlocal agreements between counties and cities to
4141allocate impact fee proceeds between them.
4142     (g)  Requirements and options related to timing of impact
4143fees payments.
4144     (h)  The importance of impact fees to the ability of local
4145government to fund infrastructure needed to mitigate the impacts
4146of development and meet statutory requirements for concurrency.
4147     (i)  Methods used by local governments to ameliorate the
4148effect of impact fee costs on affordable housing.
4149     (6)  The task force shall report to the Governor, the
4150President of the Senate, and the Speaker of the House of
4151Representatives by February 1, 2006. The report shall include
4152the task force's recommendations regarding:
4153     (a)  Whether there is a need for statutory direction on the
4154methodology and data used to calculate impact fees.
4155     (b)  Whether there should be statutory direction on
4156payment, exemption, or waiver of impact fees for affordable
4157housing.
4158     (c)  Whether there should be statutory direction on the
4159accounting and reporting of the collection and expenditure of
4160all impact fees.
4161     (d)  Whether there is a need for statutory direction on the
4162notice given in advance of the effective date of a new or
4163amended impact fee ordinance.
4164     (e)  Whether there is a need for statutory direction on the
4165sharing of impact fees between counties and cities.
4166     (f)  Whether there is a need for statutory direction on the
4167timing of payment of impact fees.
4168     (g)  Any other recommendation the Task Force deems
4169appropriate.
4170
4171If the task force makes a recommendation for statutory
4172direction, the report shall also contain the task force's
4173recommendation for statutory changes.
4174     (7)  The Legislative Committee on Intergovernmental
4175Relations shall serve as staff to the task force and is
4176authorized to employ technical support and expend funds
4177appropriated to the committee for carrying out the official
4178duties of the task force. All state agencies are directed to
4179cooperate with and assist the task force to the fullest extent
4180possible. All local governments are encouraged to assist and
4181cooperate with the commission as necessary.
4182     Section 34.  Sections 163.31776 and 339.2817, Florida
4183Statutes, are repealed.
4184     Section 35.  Beginning in fiscal year 2005-2006, the
4185Department of Transportation shall allocate sufficient funds to
4186implement the transportation provisions of the Sustainable
4187Florida Act of 2005. The department shall develop a plan to
4188expend these revenues and amend the current tentative work
4189program for the time period 2005-2006. In addition, prior to
4190work program adoption, the department shall submit a budget
4191amendment pursuant to s. 339.135(7), Florida Statutes. The
4192department shall provide a report to the President of the Senate
4193and the Speaker of the House of Representative by February 1,
41942006, identifying the program adjustments it has made consistent
4195with the provisions of the Sustainable Florida Transportation
4196Program.
4197     Section 36.  Effective July 1, 2005, the sum of $433.25
4198million from non-recurring General Revenue is appropriated to
4199the State Transportation Trust Fund in the Department of
4200Transportation to be allocated as follows:
4201     (1)  The sum of $100 million for the State-funded
4202Infrastructure Bank pursuant to s. 339.55, Florida Statutes, to
4203be available as loans for local government projects consistent
4204with the provisions of the Transportation Incentive Program for
4205a Sustainable Florida
4206     (2)  The sum of $333.25 million for Transportation
4207Incentive Program for a Sustainable Florida pursuant to s.
4208339.28171, Florida Statutes.
4209     Section 37.  Funding for Sustainable Water
4210Supplies.--Effective July 1, 2005, the sum of $100 million from
4211recurring general revenue for distribution pursuant to s.
4212373.19615, Florida Statutes. The sum of $50 million from
4213nonrecurring general revenue is appropriated to the Department
4214of Environmental Protection for distribution pursuant to s.
4215373.19616, Florida Statutes.
4216     Section 38.  Funding for Sustainable Schools.--In order to
4217provide for innovative approaches to meet school capacity
4218demands, effective July 1, 2005, the sum of $80 million is
4219transferred from recurring general revenue to the Public
4220Education Capital Outlay and Debt Service Trust Fund in the
4221Department of Education to be used as follows:
4222     (1)  The sum of $35 million from recurring funds in the
4223Public Education Capital Outlay and Debt Service Trust Fund
4224shall be used for the Charter School Incentive Program for
4225Sustainable Schools created pursuant to section 1013.352,
4226Florida Statutes.
4227     (2)  The sum of $15 million from recurring funds in the
4228Public Education Capital Outlay and Debt Service Trust Fund
4229shall be used for educational facilities benefit districts as
4230provided in s. 1013.356(3), Florida Statutes, as follows: for
4231construction and capital maintenance costs not covered by the
4232funds provided under s. 1013.356(1), Florida Statutes, in fiscal
4233year 2005-2006, an amount contributed by the state equal to 25
4234percent of the remaining costs of construction and capital
4235maintenance of the educational facilities, up to $2 million. Any
4236construction costs above the cost-per-student criteria
4237established for the SIT Program in s. 1013.72(2), Florida
4238Statutes, shall be funded exclusively by the educational
4239facilities benefit district or the community development
4240district. Funds contributed by a district school board shall not
4241be used to fund operational costs. Funds not committed by March
424231, 2006, revert to the Charter School Incentive Program for
4243Sustainable Schools created pursuant to s. 1013.352, Florida
4244Statutes.
4245     (3)  The sum of $30 million from recurring funds in the
4246Public Education Capital Outlay and Debt Service Trust Fund
4247shall be transferred annually from the Public Education Capital
4248Outlay and Debt Service Trust Fund to the High Growth County
4249Facility Construction Account.
4250
4251Notwithstanding the requirements of ss. 1013.64 and 1013.65,
4252Florida Statutes, these moneys may not be distributes as part of
4253the comprehensive plan for the Public Education Capital Outlay
4254and Debt Service Trust Fund.
4255     Section 39.  (1)  Effective July 1, 2005, the sum of
4256$85,618,291 is appropriated from nonrecurring general revenue
4257for the Classrooms for Kids Program pursuant to s. 1013.735,
4258Florida Statutes.
4259     (2)  Effective July 1, 2005, the sum of $181,131,709 is
4260appropriated from nonrecurring general revenue to assist school
4261districts in meeting the school concurrency provisions under
4262this act. Such funds shall be distributed to school districts
4263under the formula pursuant to s. 1013.735(1), Florida Statutes
4264     Section 40.  Statewide Technical Assistance for a
4265Sustainable Florida.--In order to assist local governments and
4266school boards to implement the provisions of this act, effective
4267July 1, 2005, the sum of $3 million is appropriated from
4268recurring general revenue to the Department of Community
4269Affairs. The department shall provide a report to the Governor,
4270the President of the Senate, and the Speaker of the House of
4271Representatives by February 1, 2006, on the progress made toward
4272implementing this act and a recommendation of whether additional
4273funds should be appropriated to provide additional technical
4274assistance to implement this act.
4275     Section 41.  Effective July 1, 2005, the sum of $250,000 is
4276appropriated from recurring general revenue to the Department of
4277Community Affairs to provide the necessary staff and other
4278assistance to the Century Commission for a Sustainable Florida
4279required by section 11.
4280     Section 42.  If any provision of this act or its
4281application to any person or circumstance is held invalid, the
4282invalidity does not affect other provisions or applications of
4283the act which can be given effect without the invalid provision
4284or application, and to this end the provisions of this act are
4285severable.
4286     Section 43.  This act shall take effect July 1, 2005.
4287
4288================= T I T L E  A M E N D M E N T =================
4289     Remove the entire title and insert:
4290
A bill to be entitled
4291An act relating to growth management incentives; providing
4292a popular name; amending s. 163.3164, F.S.; revising a
4293definition to conform; defining the term "financial
4294feasibility"; creating s. 163.3172, F.S.; providing
4295legislative determinations; limiting the effect of certain
4296charter county charter provisions, ordinances, or land
4297development regulations relating to urban infill and
4298redevelopment under certain circumstances; requiring a
4299referendum; providing referendum requirements; amending s.
4300163.3177, F.S.; revising criteria for the capital
4301improvements element of comprehensive plans; providing for
4302subjecting certain local governments to sanctions by the
4303Administration Commission under certain circumstances;
4304deleting obsolete provisions; requiring local governments
4305to adopt a transportation concurrency management system by
4306ordinance; requiring inclusion of alternative water supply
4307projects; providing a methodology requirement; requiring
4308the Department of Transportation to develop a model
4309transportation concurrency management ordinance;
4310specifying ordinance assessment authority; providing
4311additional requirements for a general water element of
4312comprehensive plans; revising public educational
4313facilities element requirements; revising requirements for
4314rural land stewardship areas; exempting rural land
4315stewardship areas from developments of regional impact
4316provisions; requiring counties and municipalities to adopt
4317consistent public school facilities and enter into certain
4318interlocal agreements; authorizing the state land planning
4319agency to grant waivers under certain circumstances;
4320providing additional requirements for public school
4321facilities elements of comprehensive plans; requiring the
4322state land planning agency to adopt phased schedules for
4323adopting a public school facilities element; providing
4324requirements; providing requirements; providing conditions
4325for prohibiting local governments from certain adopting
4326amendments to the comprehensive plan; authorizing the
4327state land planning agency to issue schools certain show
4328cause notices for certain purposes; providing for imposing
4329sanctions on a school board under certain circumstances;
4330providing requirements; encouraging local governments to
4331develop a community vision for certain purposes; providing
4332for assistance by regional planning councils; providing
4333for local government designation of urban service
4334boundaries; providing requirements; amending s. 163.31777,
4335F.S.; applying public schools interlocal agreement
4336provisions to school boards and nonexempt municipalities;
4337deleting a scheduling requirement for public schools
4338interlocal agreements; providing additional requirements
4339for updates and amendments to such interlocal agreements;
4340revising procedures for public school elements
4341implementing school concurrency; revising exemption
4342criteria for certain municipalities; amending s. 163.3180,
4343F.S.; including schools and water supplies under
4344concurrency provisions; revising a transportation
4345facilities scheduling requirement; requiring local
4346governments and the Department of Transportation to
4347cooperatively establish a plan for maintaining certain
4348level-of-service standards for certain facilities within
4349certain areas; requiring local governments to consult with
4350the department to make certain impact assessments relating
4351to concurrency management areas and multimodal
4352transportation districts; revising criteria for local
4353government authorization to grant exceptions from
4354concurrency requirements for transportation facilities;
4355providing for waiving certain transportation facilities
4356concurrency requirements for certain projects under
4357certain circumstances; providing criteria and
4358requirements; revising provisions authorizing local
4359governments to adopt long-term transportation management
4360systems to include long-term school concurrency management
4361systems; revising requirements; requiring periodic
4362evaluation of long-term concurrency systems; providing
4363criteria; revising requirements for roadway facilities on
4364the Strategic Intermodal System; providing additional
4365level-of-service standards requirements; revising
4366requirements for developing school concurrency; requiring
4367adoption of a public school facilities element for
4368effectiveness of a school concurrency requirement;
4369providing an exception; revising service area requirements
4370for concurrency systems; requiring local governments to
4371apply school concurrency on a less than districtwide basis
4372under certain circumstances for certain purposes; revising
4373provisions prohibiting a local government from denying a
4374development order or a functional equivalent authorizing
4375residential developments under certain circumstances;
4376specifying conditions for satisfaction of school
4377concurrency requirements by a developer; providing for
4378mediation of disputes; specifying options for
4379proportionate-share mitigation of impacts on public school
4380facilities; providing criteria and requirements; providing
4381legislative intent relating to mitigation of impacts of
4382development on transportation facilities; authorizing
4383local governments to create mitigation banks for
4384transportation facilities for certain purposes; providing
4385requirements; specifying conditions for satisfaction of
4386transportation facilities concurrency by a developer;
4387providing for mitigation; providing for mediation of
4388disputes; providing criteria for transportation mitigation
4389contributions; providing for enforceable development
4390agreements for certain projects; specifying conditions for
4391satisfaction of concurrency requirements of a local
4392comprehensive plan by a development; amending s. 163.3184,
4393F.S.; correcting cross references; authorizing instead of
4394requiring the state land planning agency to review plan
4395amendments; amending s. 163.3187, F.S.; providing
4396additional criteria for small scale amendments to adopted
4397comprehensive plans; providing an additional exception to
4398a limitation on amending an adopted comprehensive plan by
4399certain municipalities; providing procedures and
4400requirements; providing for notice and public hearings;
4401correcting a cross reference; providing for
4402nonapplication; amending s. 163.3191, F.S.; revising
4403requirements for evaluation and assessment of the
4404coordination of a comprehensive plan with certain schools;
4405providing additional assessment criteria for certain
4406counties and municipalities; requiring certain counties
4407and municipalities to adopt appropriate concurrency goals,
4408objectives, and policies in plan amendments under certain
4409circumstances; revising reporting requirements for
4410evaluation and assessment of water supply sources;
4411providing for a prohibition on plan amendments for failure
4412to timely adopt updating comprehensive plan amendments;
4413creating s. 163.3247, F.S.; providing a popular name;
4414providing legislative findings and intent; creating the
4415Century Commission for a Sustainable Florida for certain
4416purposes; providing for appointment of commission members;
4417providing for terms; providing for meetings and votes of
4418members; requiring members to serve without compensation;
4419providing for per diem and travel expenses; providing
4420powers and duties of the commission; requiring the
4421creation of a joint select committee of the Legislature;
4422providing purposes; requiring the Secretary of Community
4423Affairs to select an executive director of the commission;
4424requiring the Department of Community Affairs to provide
4425staff for the commission; providing for other agency staff
4426support for the commission; amending s. 201.15, F.S.;
4427providing for an alternative distribution to the State
4428Transportation Trust Fund of certain revenues from the
4429excise tax on documents remaining after certain prior
4430distributions; amending s. 215.211, F.S.; providing for
4431deposit of certain service charge revenues into the State
4432Transportation Trust Fund to be used for certain purposes;
4433amending ss. 337.107 and 337.11, F.S.; revising
4434authorization for the Department of Transportation to
4435contract for right-of-way services; providing additional
4436requirements; providing for a two year effect; amending s.
4437339.08, F.S.; specifying an additional use for moneys in
4438the State  Transportation Trust Fund; amending s. 339.135,
4439F.S.; revising provisions relating to funding and
4440developing a tentative work program; amending s. 339.155,
4441F.S.; providing additional requirements for development of
4442regional transportation plans in certain areas pursuant to
4443interlocal agreements; requiring the department to develop
4444a model interlocal agreement; providing requirements;
4445amending s. 339.175, F.S.; revising requirements for
4446metropolitan planning organizations and transportation
4447improvement programs; creating s. 339.28171, F.S.;
4448creating the Transportation Incentive Program for a
4449Sustainable Florida; providing program requirements;
4450requiring the Department of Transportation to develop
4451criteria to assist local governments in evaluating
4452concurrency management system backlogs; specifying
4453criteria requirements; providing requirements for local
4454governments; specifying percentages and requirements for
4455apportioning matching funds among grant applicants;
4456authorizing the department to administer contracts as
4457requested by local governments; amending s. 339.2818,
4458F.S.; revising criteria and requirement for the Small
4459County Outreach Program to conform; creating s. 339.2820,
4460F.S.; creating the Off-System Bridge Program for
4461Sustainable Transportation within the Department of
4462Transportation for certain purposes; providing for funding
4463certain project costs; requiring the department to
4464allocate funding for the program for certain projects;
4465specifying criteria for projects to be funded from the
4466program; amending s. 339.55, F.S.; revising funding
4467authorization for the state-funded infrastructure bank ;
4468creating s. 373.19615, F.S.; creating the Florida's
4469Sustainable Water Supplies Program; providing funding
4470requirements for local government development of
4471alternative water supply projects; providing for
4472allocation of funds to water management districts;
4473providing definitions; specifying factors to consider in
4474funding certain projects; providing funding requirements;
4475requiring the Department of Environmental Protection to
4476establish factors for granting financial assistance to
4477eligible projects; creating s. 373.19616, F.S.; creating
4478the Water Transition Assistance Program to establish a
4479low-interest revolving loan program for infrastructure
4480financing for alternative water supplies; providing
4481legislative declarations; providing definitions;
4482authorizing the Department of Environmental Protection to
4483make loans to local governments for certain purposes;
4484authorizing local governments to borrow funds and pledge
4485revenues for repayment; providing loan limitations;
4486authorizing the department to adopt certain rules;
4487requiring the department to prepare an annual report on
4488such financial assistance; providing loan approval
4489requirements for local governments; authorizing the
4490department to conduct or require audits; authorizing the
4491department to require reasonable loan service fees;
4492providing limitations; providing requirements for
4493financial assistance funding; providing for enforcement of
4494loan defaults; authorizing the department to impose
4495penalties for delinquent loan payments; authorizing the
4496department to terminate financial assistance agreements
4497under certain circumstances; amending s. 373.223, F.S.;
4498providing a presumption of consistency for certain
4499alternative water supply uses; amending s. 380.06, F.S.;
4500providing additional exemptions from development of
4501regional impact provisions for certain projects in
4502proposed developments or redevelopments within an area
4503designated in a comprehensive plan and for proposed
4504developments within certain rural land stewardship areas;
4505authorizing certain municipalities to adopt an ordinance
4506imposing a fee on certain applicants for certain purposes;
4507specifying fee uses; providing a limitation; amending s.
4508380.115, F.S.; revising provisions relating to preserving
4509vested rights and duties under development of regional
4510impact guidelines and standards; revising procedures and
4511requirements for governance and rescission of development-
4512of-regional-impact development orders under changing
4513guidelines and standards; requiring the Office of Program
4514Policy Analysis and Government Accountability to conduct a
4515study on adjustments to boundaries of regional planning
4516councils, water management districts, and transportation
4517districts; providing purposes; requiring a study report to
4518the Governor and Legislature; amending s. 1013.33, F.S.;
4519revising provisions relating to coordination of
4520educational facilities planning pursuant to certain
4521interlocal agreements; revising procedures and
4522requirements for updated agreements and agreement
4523amendments; creating s. 1013.352, F.S.; creating a Charter
4524School Incentive Program for Sustainable Schools;
4525providing purposes; specifying conditions for eligibility
4526for state funds; authorizing the Commissioner of Education
4527to waive certain requirements and distribute certain funds
4528to charter schools under certain circumstances;
4529prohibiting the commissioner from distributing funds to
4530certain schools under certain circumstances; providing for
4531ineligibility of certain schools for charter school outlay
4532funding under certain circumstances; amending s. 1013.64,
4533F.S.; requiring the Department of Education to establish a
4534the High Growth County Facility Construction Account as a
4535separate account within the Public Education Capital
4536Outlay and Debt Service Trust Fund for certain purposes;
4537specifying requirements for funding from the account;
4538creating the School Concurrency Task Force; providing
4539purposes; providing for membership; requiring a report to
4540the Governor and Legislature; creating the Florida Impact
4541Fee Review Task Force; providing legislative findings;
4542providing for membership; providing for meetings;
4543providing duties and responsibilities of the task force;
4544prohibiting compensation of the task force; providing for
4545per diem and travel expenses; requiring a report to the
4546Governor and Legislature; specifying report contents;
4547requiring the Legislative Committee on Intergovernmental
4548Relations to serve as staff; repealing s. 163.31776, F.S.,
4549relating to the public educational facilities element;
4550repealing s. 339.2817, F.S., relating to the County
4551Incentive Grant Program; requiring the Department of
4552Transportation to allocate sufficient funds so implement
4553the transportation provisions of the act; requiring the
4554department to develop a plan to expend revenues and amend
4555the current work program; requiring the department to
4556submit a budget amendment for certain purposes; requiring
4557a report to the Legislature; providing for funding for
4558sustainable water supplies; providing an appropriation;
4559providing for allocation of the appropriation; specifying
4560uses of appropriations; providing for funding for
4561sustainable schools; providing an appropriation; providing
4562for allocation of the appropriation; specifying uses of
4563the appropriation; providing for Statewide Technical
4564Assistance for a Sustainable Florida; providing an
4565appropriation; specifying uses; requiring the Department
4566of Community Affairs to report to the Governor and
4567Legislature; specifying report requirements; providing an
4568appropriation to the Department of Community Affairs for
4569certain staffing purposes; providing severability;
4570providing an effective date.
4571
4572     WHEREAS, the Legislature finds and declares that the
4573state's population has increased by approximately 3 million
4574individuals each decade since 1970 to nearly 16 million
4575individuals in 2000, and
4576     WHEREAS, increased populations have resulted in greater
4577density concentrations in many areas around the state and
4578created growth issues that increasingly overlap multiple local
4579government jurisdictional and state agency district boundaries,
4580and
4581     WHEREAS, development patterns throughout areas of the
4582state, in conjunction with the implementation of growth
4583management policies, have increasingly caused urban flight which
4584has resulted in urban sprawl and cause capacity issues related
4585to transportation facilities, public educational facilities, and
4586water supply facilities, and
4587     WHEREAS, the Legislature recognizes that urban infill and
4588redevelopment is a high state priority, and
4589     WHEREAS, consequently, the Legislature determines it in the
4590best interests of the people of the state to undertake action to
4591address these issues and work towards a sustainable Florida
4592where facilities are planned and available concurrent with
4593existing and projected demands while protecting Florida's
4594natural and environmental resources, rural and agricultural
4595resources, and maintaining a viable and sustainable economy, and
4596     WHEREAS, the Legislature enacts measures in the law and
4597earmarks funds for the 2005-2006 fiscal year intended to result
4598in a reemphasis on urban infill and redevelopment, achieving and
4599maintaining concurrency with transportation and public
4600educational facilities, and instilling a sense of
4601intergovernmental cooperation and coordination, and
4602     WHEREAS, the Legislature will establish a standing
4603commission tasked with helping Floridians envision and plan
4604their collective future with an eye towards both 25-year and 50-
4605year horizons, NOW, THEREFORE,


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