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Amendment CaShTmL-444308.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 360, 2nd Eng.
                        Barcode 444308
                            CHAMBER ACTION
              Senate                               House
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       05/06/2005 11:21 PM         .         05/06/2005 23:45:16
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11  Senator Bennett moved the following amendment to House
12  amendment (882799):
13  
14         Senate Amendment (with title amendment) 
15         Lines 4 through 4268, delete those lines
16  
17  and insert:  
18         Section 1.  Subsection (32) iso section
19  163.3164, Florida Statutes, to read:
20         163.3164  Local Government Comprehensive Planning and
21  Land Development Regulation Act; definitions.--As used in this
22  act:
23         (32)  "Financial feasibility" means that sufficient
24  revenues are currently available or will be available from
25  committed funding sources for the first 3 years, or will be
26  available from committed or planned funding sources for years
27  4 and 5, of a 5-year capital improvement schedule for
28  financing capital improvements, such as ad valorem taxes,
29  bonds, state and federal funds, tax revenues, impact fees, and
30  developer contributions, which are adequate to fund the
31  projected costs of the capital improvements identified in the
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    10:54 PM   05/06/05                            s0360e2d-21-j03

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 comprehensive plan necessary to ensure that adopted 2 level-of-service standards are achieved and maintained within 3 the period covered by the 5-year schedule of capital 4 improvements. The requirement that level-of-service standards 5 be achieved and maintained shall not apply if the 6 proportionate-share process set forth in s. 163.3180(12) and 7 (16) is used. 8 Section 2. Subsections (2) and (3), paragraphs (a), 9 (c), and (h) of subsection (6), paragraph (d) of subsection 10 (11), and subsection (12) of section 163.3177, Florida 11 Statutes, are amended, and subsections (13) and (14) are added 12 to that section, to read: 13 163.3177 Required and optional elements of 14 comprehensive plan; studies and surveys.-- 15 (2) Coordination of the several elements of the local 16 comprehensive plan shall be a major objective of the planning 17 process. The several elements of the comprehensive plan shall 18 be consistent, and the comprehensive plan shall be financially 19 economically feasible. Financial feasibility shall be 20 determined using professionally accepted methodologies. 21 (3)(a) The comprehensive plan shall contain a capital 22 improvements element designed to consider the need for and the 23 location of public facilities in order to encourage the 24 efficient utilization of such facilities and set forth: 25 1. A component which outlines principles for 26 construction, extension, or increase in capacity of public 27 facilities, as well as a component which outlines principles 28 for correcting existing public facility deficiencies, which 29 are necessary to implement the comprehensive plan. The 30 components shall cover at least a 5-year period. 31 2. Estimated public facility costs, including a 2 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 delineation of when facilities will be needed, the general 2 location of the facilities, and projected revenue sources to 3 fund the facilities. 4 3. Standards to ensure the availability of public 5 facilities and the adequacy of those facilities including 6 acceptable levels of service. 7 4. Standards for the management of debt. 8 5. A schedule of capital improvements which includes 9 publicly funded projects, and which may include privately 10 funded projects for which the local government has no fiscal 11 responsibility, necessary to ensure that adopted 12 level-of-service standards are achieved and maintained. For 13 capital improvements that will be funded by the developer, 14 financial feasibility shall be demonstrated by being 15 guaranteed in an enforceable development agreement or 16 interlocal agreement pursuant to paragraph (10)(h), or other 17 enforceable agreement. These development agreements and 18 interlocal agreements shall be reflected in the schedule of 19 capital improvements if the capital improvement is necessary 20 to serve development within the 5-year schedule. If the local 21 government uses planned revenue sources that require referenda 22 or other actions to secure the revenue source, the plan must, 23 in the event the referenda are not passed or actions do not 24 secure the planned revenue source, identify other existing 25 revenue sources that will be used to fund the capital projects 26 or otherwise amend the plan to ensure financial feasibility. 27 6. The schedule must include transportation 28 improvements included in the applicable metropolitan planning 29 organization's transportation improvement program adopted 30 pursuant to s. 339.175(7) to the extent that such improvements 31 are relied upon to ensure concurrency and financial 3 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 feasibility. The schedule must also be coordinated with the 2 applicable metropolitan planning organization's long-range 3 transportation plan adopted pursuant to s. 339.175(6). 4 (b)1. The capital improvements element shall be 5 reviewed on an annual basis and modified as necessary in 6 accordance with s. 163.3187 or s. 163.3189 in order to 7 maintain a financially feasible 5-year schedule of capital 8 improvements., except that Corrections, updates, and 9 modifications concerning costs; revenue sources; or acceptance 10 of facilities pursuant to dedications which are consistent 11 with the plan; or the date of construction of any facility 12 enumerated in the capital improvements element may be 13 accomplished by ordinance and shall not be deemed to be 14 amendments to the local comprehensive plan. A copy of the 15 ordinance shall be transmitted to the state land planning 16 agency. An amendment to the comprehensive plan is required to 17 update the schedule on an annual basis or to eliminate, defer, 18 or delay the construction for any facility listed in the 19 5-year schedule. All public facilities shall be consistent 20 with the capital improvements element. Amendments to implement 21 this section must be adopted and transmitted no later than 22 December 1, 2007. Thereafter, a local government may not amend 23 its future land use map, except for plan amendments to meet 24 new requirements under this part and emergency amendments 25 pursuant to s. 163.3187(1)(a), after December 1, 2007, and 26 every year thereafter, unless and until the local government 27 has adopted the annual update and it has been transmitted to 28 the state land planning agency. 29 2. Capital improvements element amendments adopted 30 after the effective date of this act shall require only a 31 single public hearing before the governing board which shall 4 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 be an adoption hearing as described in s. 163.3184(7). Such 2 amendments are not subject to the requirements of s. 3 163.3184(3)-(6). 4 (c) If the local government does not adopt the 5 required annual update to the schedule of capital improvements 6 or the annual update is found not in compliance, the state 7 land planning agency must notify the Administration 8 Commission. A local government that has a demonstrated lack of 9 commitment to meeting its obligations identified in the 10 capital improvement element may be subject to sanctions by the 11 Administration Commission pursuant to s. 163.3184(11). 12 (d) If a local government adopts a long-term 13 concurrency management system pursuant to s. 163.3180(9), it 14 must also adopt a long-term capital improvements schedule 15 covering up to a 10-year or 15-year period, and must update 16 the long-term schedule annually. The long-term schedule of 17 capital improvements must be financially feasible. 18 (6) In addition to the requirements of subsections 19 (1)-(5) and (12), the comprehensive plan shall include the 20 following elements: 21 (a) A future land use plan element designating 22 proposed future general distribution, location, and extent of 23 the uses of land for residential uses, commercial uses, 24 industry, agriculture, recreation, conservation, education, 25 public buildings and grounds, other public facilities, and 26 other categories of the public and private uses of land. 27 Counties are encouraged to designate rural land stewardship 28 areas, pursuant to the provisions of paragraph (11)(d), as 29 overlays on the future land use map. Each future land use 30 category must be defined in terms of uses included, and must 31 include standards to be followed in the control and 5 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 distribution of population densities and building and 2 structure intensities. The proposed distribution, location, 3 and extent of the various categories of land use shall be 4 shown on a land use map or map series which shall be 5 supplemented by goals, policies, and measurable objectives. 6 The future land use plan shall be based upon surveys, studies, 7 and data regarding the area, including the amount of land 8 required to accommodate anticipated growth; the projected 9 population of the area; the character of undeveloped land; the 10 availability of water supplies, public facilities, and 11 services; the need for redevelopment, including the renewal of 12 blighted areas and the elimination of nonconforming uses which 13 are inconsistent with the character of the community; the 14 compatibility of uses on lands adjacent to or closely 15 proximate to military installations; and, in rural 16 communities, the need for job creation, capital investment, 17 and economic development that will strengthen and diversify 18 the community's economy. The future land use plan may 19 designate areas for future planned development use involving 20 combinations of types of uses for which special regulations 21 may be necessary to ensure development in accord with the 22 principles and standards of the comprehensive plan and this 23 act. The future land use plan element shall include criteria 24 to be used to achieve the compatibility of adjacent or closely 25 proximate lands with military installations. In addition, for 26 rural communities, the amount of land designated for future 27 planned industrial use shall be based upon surveys and studies 28 that reflect the need for job creation, capital investment, 29 and the necessity to strengthen and diversify the local 30 economies, and shall not be limited solely by the projected 31 population of the rural community. The future land use plan of 6 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 a county may also designate areas for possible future 2 municipal incorporation. The land use maps or map series shall 3 generally identify and depict historic district boundaries and 4 shall designate historically significant properties meriting 5 protection. The future land use element must clearly identify 6 the land use categories in which public schools are an 7 allowable use. When delineating the land use categories in 8 which public schools are an allowable use, a local government 9 shall include in the categories sufficient land proximate to 10 residential development to meet the projected needs for 11 schools in coordination with public school boards and may 12 establish differing criteria for schools of different type or 13 size. Each local government shall include lands contiguous to 14 existing school sites, to the maximum extent possible, within 15 the land use categories in which public schools are an 16 allowable use. All comprehensive plans must comply with the 17 school siting requirements of this paragraph no later than 18 October 1, 1999. The failure by a local government to comply 19 with these school siting requirements by October 1, 1999, will 20 result in the prohibition of the local government's ability to 21 amend the local comprehensive plan, except for plan amendments 22 described in s. 163.3187(1)(b), until the school siting 23 requirements are met. Amendments proposed by a local 24 government for purposes of identifying the land use categories 25 in which public schools are an allowable use or for adopting 26 or amending the school-siting maps pursuant to s. 163.31776(3) 27 are exempt from the limitation on the frequency of plan 28 amendments contained in s. 163.3187. The future land use 29 element shall include criteria that encourage the location of 30 schools proximate to urban residential areas to the extent 31 possible and shall require that the local government seek to 7 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 collocate public facilities, such as parks, libraries, and 2 community centers, with schools to the extent possible and to 3 encourage the use of elementary schools as focal points for 4 neighborhoods. For schools serving predominantly rural 5 counties, defined as a county with a population of 100,000 or 6 fewer, an agricultural land use category shall be eligible for 7 the location of public school facilities if the local 8 comprehensive plan contains school siting criteria and the 9 location is consistent with such criteria. Local governments 10 required to update or amend their comprehensive plan to 11 include criteria and address compatibility of adjacent or 12 closely proximate lands with existing military installations 13 in their future land use plan element shall transmit the 14 update or amendment to the department by June 30, 2006. 15 (c) A general sanitary sewer, solid waste, drainage, 16 potable water, and natural groundwater aquifer recharge 17 element correlated to principles and guidelines for future 18 land use, indicating ways to provide for future potable water, 19 drainage, sanitary sewer, solid waste, and aquifer recharge 20 protection requirements for the area. The element may be a 21 detailed engineering plan including a topographic map 22 depicting areas of prime groundwater recharge. The element 23 shall describe the problems and needs and the general 24 facilities that will be required for solution of the problems 25 and needs. The element shall also include a topographic map 26 depicting any areas adopted by a regional water management 27 district as prime groundwater recharge areas for the Floridan 28 or Biscayne aquifers, pursuant to s. 373.0395. These areas 29 shall be given special consideration when the local government 30 is engaged in zoning or considering future land use for said 31 designated areas. For areas served by septic tanks, soil 8 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 surveys shall be provided which indicate the suitability of 2 soils for septic tanks. Within 18 months after the governing 3 board approves an updated regional water supply plan By 4 December 1, 2006, the element must incorporate the alternative 5 water supply project or projects selected by the local 6 government from those identified in the regional water supply 7 plan pursuant to s. 373.0361(2)(a) or proposed by the local 8 government under s. 373.0361(7)(b) consider the appropriate 9 water management district's regional water supply plan 10 approved pursuant to s. 373.0361. If a local government is 11 located within two water management districts, the local 12 government shall adopt its comprehensive plan amendment within 13 18 months after the later updated regional water supply plan. 14 The element must identify such alternative water supply 15 projects and traditional water supply projects and 16 conservation and reuse necessary to meet the water needs 17 identified in s. 373.0361(2)(a) within the local government's 18 jurisdiction and include a work plan, covering at least a 10 19 year planning period, for building public, private, and 20 regional water supply facilities, including development of 21 alternative water supplies, which that are identified in the 22 element as necessary to serve existing and new development and 23 for which the local government is responsible. The work plan 24 shall be updated, at a minimum, every 5 years within 18 12 25 months after the governing board of a water management 26 district approves an updated regional water supply plan. 27 Amendments to incorporate the work plan do not count toward 28 the limitation on the frequency of adoption of amendments to 29 the comprehensive plan. Local governments, public and private 30 utilities, regional water supply authorities, special 31 districts, and water management districts are encouraged to 9 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 cooperatively plan for the development of multijurisdictional 2 water supply facilities that are sufficient to meet projected 3 demands for established planning periods, including the 4 development of alternative water sources to supplement 5 traditional sources of ground and surface water supplies. 6 (h)1. An intergovernmental coordination element 7 showing relationships and stating principles and guidelines to 8 be used in the accomplishment of coordination of the adopted 9 comprehensive plan with the plans of school boards, regional 10 water supply authorities, and other units of local government 11 providing services but not having regulatory authority over 12 the use of land, with the comprehensive plans of adjacent 13 municipalities, the county, adjacent counties, or the region, 14 with the state comprehensive plan and with the applicable 15 regional water supply plan approved pursuant to s. 373.0361, 16 as the case may require and as such adopted plans or plans in 17 preparation may exist. This element of the local 18 comprehensive plan shall demonstrate consideration of the 19 particular effects of the local plan, when adopted, upon the 20 development of adjacent municipalities, the county, adjacent 21 counties, or the region, or upon the state comprehensive plan, 22 as the case may require. 23 a. The intergovernmental coordination element shall 24 provide for procedures to identify and implement joint 25 planning areas, especially for the purpose of annexation, 26 municipal incorporation, and joint infrastructure service 27 areas. 28 b. The intergovernmental coordination element shall 29 provide for recognition of campus master plans prepared 30 pursuant to s. 1013.30. 31 c. The intergovernmental coordination element may 10 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 provide for a voluntary dispute resolution process as 2 established pursuant to s. 186.509 for bringing to closure in 3 a timely manner intergovernmental disputes. A local 4 government may develop and use an alternative local dispute 5 resolution process for this purpose. 6 2. The intergovernmental coordination element shall 7 further state principles and guidelines to be used in the 8 accomplishment of coordination of the adopted comprehensive 9 plan with the plans of school boards and other units of local 10 government providing facilities and services but not having 11 regulatory authority over the use of land. In addition, the 12 intergovernmental coordination element shall describe joint 13 processes for collaborative planning and decisionmaking on 14 population projections and public school siting, the location 15 and extension of public facilities subject to concurrency, and 16 siting facilities with countywide significance, including 17 locally unwanted land uses whose nature and identity are 18 established in an agreement. Within 1 year of adopting their 19 intergovernmental coordination elements, each county, all the 20 municipalities within that county, the district school board, 21 and any unit of local government service providers in that 22 county shall establish by interlocal or other formal agreement 23 executed by all affected entities, the joint processes 24 described in this subparagraph consistent with their adopted 25 intergovernmental coordination elements. 26 3. To foster coordination between special districts 27 and local general-purpose governments as local general-purpose 28 governments implement local comprehensive plans, each 29 independent special district must submit a public facilities 30 report to the appropriate local government as required by s. 31 189.415. 11 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 4.a. Local governments adopting a public educational 2 facilities element pursuant to s. 163.31776 must execute an 3 interlocal agreement with the district school board, the 4 county, and nonexempt municipalities pursuant to s. 163.31777, 5 as defined by s. 163.31776(1), which includes the items listed 6 in s. 163.31777(2). The local government shall amend the 7 intergovernmental coordination element to provide that 8 coordination between the local government and school board is 9 pursuant to the agreement and shall state the obligations of 10 the local government under the agreement. 11 b. Plan amendments that comply with this subparagraph 12 are exempt from the provisions of s. 163.3187(1). 13 5. The state land planning agency shall establish a 14 schedule for phased completion and transmittal of plan 15 amendments to implement subparagraphs 1., 2., and 3. from all 16 jurisdictions so as to accomplish their adoption by December 17 31, 1999. A local government may complete and transmit its 18 plan amendments to carry out these provisions prior to the 19 scheduled date established by the state land planning agency. 20 The plan amendments are exempt from the provisions of s. 21 163.3187(1). 22 6. By January 1, 2004, any county having a population 23 greater than 100,000, and the municipalities and special 24 districts within that county, shall submit a report to the 25 Department of Community Affairs which: 26 a. Identifies all existing or proposed interlocal 27 service-delivery agreements regarding the following: 28 education; sanitary sewer; public safety; solid waste; 29 drainage; potable water; parks and recreation; and 30 transportation facilities. 31 b. Identifies any deficits or duplication in the 12 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 provision of services within its jurisdiction, whether capital 2 or operational. Upon request, the Department of Community 3 Affairs shall provide technical assistance to the local 4 governments in identifying deficits or duplication. 5 7. Within 6 months after submission of the report, the 6 Department of Community Affairs shall, through the appropriate 7 regional planning council, coordinate a meeting of all local 8 governments within the regional planning area to discuss the 9 reports and potential strategies to remedy any identified 10 deficiencies or duplications. 11 8. Each local government shall update its 12 intergovernmental coordination element based upon the findings 13 in the report submitted pursuant to subparagraph 6. The report 14 may be used as supporting data and analysis for the 15 intergovernmental coordination element. 16 9. By February 1, 2003, Representatives of 17 municipalities, counties, and special districts shall provide 18 to the Legislature recommended statutory changes for 19 annexation, including any changes that address the delivery of 20 local government services in areas planned for annexation. 21 (11) 22 (d)1. The department, in cooperation with the 23 Department of Agriculture and Consumer Services, the 24 Department of Environmental Protection, water management 25 districts, and regional planning councils, shall provide 26 assistance to local governments in the implementation of this 27 paragraph and rule 9J-5.006(5)(l), Florida Administrative 28 Code. Implementation of those provisions shall include a 29 process by which the department may authorize local 30 governments to designate all or portions of lands classified 31 in the future land use element as predominantly agricultural, 13 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 rural, open, open-rural, or a substantively equivalent land 2 use, as a rural land stewardship area within which planning 3 and economic incentives are applied to encourage the 4 implementation of innovative and flexible planning and 5 development strategies and creative land use planning 6 techniques, including those contained herein and in rule 7 9J-5.006(5)(l), Florida Administrative Code. Assistance may 8 include, but is not limited to: 9 a. Assistance from the Department of Environmental 10 Protection and water management districts in creating the 11 geographic information systems land cover database and aerial 12 photogrammetry needed to prepare for a rural land stewardship 13 area; 14 b. Support for local government implementation of 15 rural land stewardship concepts by providing information and 16 assistance to local governments regarding land acquisition 17 programs that may be used by the local government or 18 landowners to leverage the protection of greater acreage and 19 maximize the effectiveness of rural land stewardship areas; 20 and 21 c. Expansion of the role of the Department of 22 Community Affairs as a resource agency to facilitate 23 establishment of rural land stewardship areas in smaller rural 24 counties that do not have the staff or planning budgets to 25 create a rural land stewardship area. 26 2. The department shall encourage participation by 27 local governments of different sizes and rural characteristics 28 in establishing and implementing rural land stewardship areas. 29 It is the intent of the Legislature that rural land 30 stewardship areas be used to further the following broad 31 principles of rural sustainability: restoration and 14 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 maintenance of the economic value of rural land; control of 2 urban sprawl; identification and protection of ecosystems, 3 habitats, and natural resources; promotion of rural economic 4 activity; maintenance of the viability of Florida's 5 agricultural economy; and protection of the character of rural 6 areas of Florida. Rural land stewardship areas may be 7 multicounty in order to encourage coordinated regional 8 stewardship planning. 9 3. A local government, in conjunction with a regional 10 planning council, a stakeholder organization of private land 11 owners, or another local government, shall notify the 12 department in writing of its intent to designate a rural land 13 stewardship area. The written notification shall describe the 14 basis for the designation, including the extent to which the 15 rural land stewardship area enhances rural land values, 16 controls urban sprawl, provides necessary open space for 17 agriculture and protection of the natural environment, 18 promotes rural economic activity, and maintains rural 19 character and the economic viability of agriculture. 20 4. A rural land stewardship area shall be not less 21 than 10,000 acres and shall be located outside of 22 municipalities and established urban growth boundaries, and 23 shall be designated by plan amendment. The plan amendment 24 designating a rural land stewardship area shall be subject to 25 review by the Department of Community Affairs pursuant to s. 26 163.3184 and shall provide for the following: 27 a. Criteria for the designation of receiving areas 28 within rural land stewardship areas in which innovative 29 planning and development strategies may be applied. Criteria 30 shall at a minimum provide for the following: adequacy of 31 suitable land to accommodate development so as to avoid 15 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 conflict with environmentally sensitive areas, resources, and 2 habitats; compatibility between and transition from higher 3 density uses to lower intensity rural uses; the establishment 4 of receiving area service boundaries which provide for a 5 separation between receiving areas and other land uses within 6 the rural land stewardship area through limitations on the 7 extension of services; and connection of receiving areas with 8 the rest of the rural land stewardship area using rural design 9 and rural road corridors. 10 b. Goals, objectives, and policies setting forth the 11 innovative planning and development strategies to be applied 12 within rural land stewardship areas pursuant to the provisions 13 of this section. 14 c. A process for the implementation of innovative 15 planning and development strategies within the rural land 16 stewardship area, including those described in this subsection 17 and rule 9J-5.006(5)(l), Florida Administrative Code, which 18 provide for a functional mix of land uses, including adequate 19 available work force housing, including low, very-low and 20 moderate income housing for the development anticipated in the 21 receiving area and which are applied through the adoption by 22 the local government of zoning and land development 23 regulations applicable to the rural land stewardship area. 24 d. A process which encourages visioning pursuant to s. 25 163.3167(11) to ensure that innovative planning and 26 development strategies comply with the provisions of this 27 section. 28 e. The control of sprawl through the use of innovative 29 strategies and creative land use techniques consistent with 30 the provisions of this subsection and rule 9J-5.006(5)(l), 31 Florida Administrative Code. 16 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 5. A receiving area shall be designated by the 2 adoption of a land development regulation. Prior to the 3 designation of a receiving area, the local government shall 4 provide the Department of Community Affairs a period of 30 5 days in which to review a proposed receiving area for 6 consistency with the rural land stewardship area plan 7 amendment and to provide comments to the local government. At 8 the time of designation of a stewardship receiving area, a 9 listed species survey will be performed. If listed species 10 occur on the receiving area site, the developer shall 11 coordinate with each appropriate local, state, or federal 12 agency to determine if adequate provisions have been made to 13 protect those species in accordance with applicable 14 regulations. In determining the adequacy of provisions for the 15 protection of listed species and their habitats, the rural 16 land stewardship area shall be considered as a whole, and the 17 impacts to areas to be developed as receiving areas shall be 18 considered together with the environmental benefits of areas 19 protected as sending areas in fulfilling this criteria. 20 6. Upon the adoption of a plan amendment creating a 21 rural land stewardship area, the local government shall, by 22 ordinance, establish the methodology for the creation, 23 conveyance, and use of transferrable rural land use credits, 24 otherwise referred to as stewardship credits, the application 25 of assign to the area a certain number of credits, to be known 26 as "transferable rural land use credits," which shall not 27 constitute a right to develop land, nor increase density of 28 land, except as provided by this section. The total amount of 29 transferable rural land use credits within assigned to the 30 rural land stewardship area must enable the realization of the 31 long-term vision and goals for correspond to the 25-year or 17 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 greater projected population of the rural land stewardship 2 area. Transferable rural land use credits are subject to the 3 following limitations: 4 a. Transferable rural land use credits may only exist 5 within a rural land stewardship area. 6 b. Transferable rural land use credits may only be 7 used on lands designated as receiving areas and then solely 8 for the purpose of implementing innovative planning and 9 development strategies and creative land use planning 10 techniques adopted by the local government pursuant to this 11 section. 12 c. Transferable rural land use credits assigned to a 13 parcel of land within a rural land stewardship area shall 14 cease to exist if the parcel of land is removed from the rural 15 land stewardship area by plan amendment. 16 d. Neither the creation of the rural land stewardship 17 area by plan amendment nor the assignment of transferable 18 rural land use credits by the local government shall operate 19 to displace the underlying density of land uses assigned to a 20 parcel of land within the rural land stewardship area; 21 however, if transferable rural land use credits are 22 transferred from a parcel for use within a designated 23 receiving area, the underlying density assigned to the parcel 24 of land shall cease to exist. 25 e. The underlying density on each parcel of land 26 located within a rural land stewardship area shall not be 27 increased or decreased by the local government, except as a 28 result of the conveyance or use of transferable rural land use 29 credits, as long as the parcel remains within the rural land 30 stewardship area. 31 f. Transferable rural land use credits shall cease to 18 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 exist on a parcel of land where the underlying density 2 assigned to the parcel of land is utilized. 3 g. An increase in the density of use on a parcel of 4 land located within a designated receiving area may occur only 5 through the assignment or use of transferable rural land use 6 credits and shall not require a plan amendment. 7 h. A change in the density of land use on parcels 8 located within receiving areas shall be specified in a 9 development order which reflects the total number of 10 transferable rural land use credits assigned to the parcel of 11 land and the infrastructure and support services necessary to 12 provide for a functional mix of land uses corresponding to the 13 plan of development. 14 i. Land within a rural land stewardship area may be 15 removed from the rural land stewardship area through a plan 16 amendment. 17 j. Transferable rural land use credits may be assigned 18 at different ratios of credits per acre according to the 19 natural resource or other beneficial use characteristics of 20 the land and according to the land use remaining following the 21 transfer of credits, with the highest number of credits per 22 acre assigned to the most environmentally valuable land or, in 23 locations where the retention of and a lesser number of 24 credits to be assigned to open space and agricultural land is 25 a priority, to such lands. 26 k. The use or conveyance of transferable rural land 27 use credits must be recorded in the public records of the 28 county in which the property is located as a covenant or 29 restrictive easement running with the land in favor of the 30 county and either the Department of Environmental Protection, 31 Department of Agriculture and Consumer Services, a water 19 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 management district, or a recognized statewide land trust. 2 7. Owners of land within rural land stewardship areas 3 should be provided incentives to enter into rural land 4 stewardship agreements, pursuant to existing law and rules 5 adopted thereto, with state agencies, water management 6 districts, and local governments to achieve mutually agreed 7 upon conservation objectives. Such incentives may include, 8 but not be limited to, the following: 9 a. Opportunity to accumulate transferable mitigation 10 credits. 11 b. Extended permit agreements. 12 c. Opportunities for recreational leases and 13 ecotourism. 14 d. Payment for specified land management services on 15 publicly owned land, or property under covenant or restricted 16 easement in favor of a public entity. 17 e. Option agreements for sale to public entities or 18 private land conservation entities, in either fee or easement, 19 upon achievement of conservation objectives. 20 8. The department shall report to the Legislature on 21 an annual basis on the results of implementation of rural land 22 stewardship areas authorized by the department, including 23 successes and failures in achieving the intent of the 24 Legislature as expressed in this paragraph. 25 (e) The Legislature finds that mixed-use, high-density 26 development is appropriate for urban infill and redevelopment 27 areas. Mixed-use projects accommodate a variety of uses, 28 including residential and commercial, and usually at higher 29 densities that promote pedestrian-friendly, sustainable 30 communities. The Legislature recognizes that mixed-use, 31 high-density development improves the quality of life for 20 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 residents and businesses in urban areas. The Legislature finds 2 that mixed-use, high-density redevelopment and infill benefits 3 residents by creating a livable community with alternative 4 modes of transportation. Furthermore, the Legislature finds 5 that local zoning ordinances often discourage mixed-use, 6 high-density development in areas that are appropriate for 7 urban infill and redevelopment. The Legislature intends to 8 discourage single-use zoning in urban areas which often leads 9 to lower-density, land-intensive development outside an urban 10 service area. Therefore, the Department of Community Affairs 11 shall provide technical assistance to local governments in 12 order to encourage mixed-use, high-density urban infill and 13 redevelopment projects. 14 (f) The Legislature finds that a program for the 15 transfer of development rights is a useful tool to preserve 16 historic buildings and create public open spaces in urban 17 areas. A program for the transfer of development rights allows 18 the transfer of density credits from historic properties and 19 public open spaces to areas designated for high-density 20 development. The Legislature recognizes that high-density 21 development is integral to the success of many urban infill 22 and redevelopment projects. The Legislature intends to 23 encourage high-density urban infill and redevelopment while 24 preserving historic structures and open spaces. Therefore, the 25 Department of Community Affairs shall provide technical 26 assistance to local governments in order to promote the 27 transfer of development rights within urban areas for 28 high-density infill and redevelopment projects. 29 (g) The implementation of this subsection shall be 30 subject to the provisions of this chapter, chapters 186 and 31 187, and applicable agency rules. 21 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (h) The department may adopt rules necessary to 2 implement the provisions of this subsection. 3 (12) A public school facilities element adopted to 4 implement a school concurrency program shall meet the 5 requirements of this subsection. Each county and each 6 municipality within the county, unless exempt or subject to a 7 waiver, must adopt a public school facilities element that is 8 consistent with those adopted by the other local governments 9 within the county and enter the interlocal agreement pursuant 10 to s. 163.31777. 11 (a) The state land planning agency may provide a 12 waiver to a county and to the municipalities within the county 13 if the capacity rate for all schools within the school 14 district is no greater than 100 percent and the projected 15 5-year capital outlay full-time equivalent student growth rate 16 is less than 10 percent. The state land planning agency may 17 allow for a single school to exceed the 100-percent limitation 18 if it can be demonstrated that the capacity rate for that 19 single school is not greater than 105 percent. In making this 20 determination, the state land planning agency shall consider 21 the following criteria: 22 1. Whether the exceedance is due to temporary 23 circumstances; 24 2. Whether the projected 5-year capital outlay full 25 time equivalent student growth rate for the school district is 26 approaching the 10-percent threshold; 27 3. Whether one or more additional schools within the 28 school district are at or approaching the 100-percent 29 threshold; and 30 4. The adequacy of the data and analysis submitted to 31 support the waiver request. 22 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (b) A municipality in a nonexempt county is exempt if 2 the municipality meets all of the following criteria for 3 having no significant impact on school attendance: 4 1. The municipality has issued development orders for 5 fewer than 50 residential dwelling units during the preceding 6 5 years, or the municipality has generated fewer than 25 7 additional public school students during the preceding 5 8 years. 9 2. The municipality has not annexed new land during 10 the preceding 5 years in land use categories that permit 11 residential uses that will affect school attendance rates. 12 3. The municipality has no public schools located 13 within its boundaries. 14 (c)(a) A public school facilities element shall be 15 based upon data and analyses that address, among other items, 16 how level-of-service standards will be achieved and 17 maintained. Such data and analyses must include, at a minimum, 18 such items as: the interlocal agreement adopted pursuant to s. 19 163.31777 and the 5-year school district facilities work 20 program adopted pursuant to s. 1013.35; the educational plant 21 survey prepared pursuant to s. 1013.31 and an existing 22 educational and ancillary plant map or map series; information 23 on existing development and development anticipated for the 24 next 5 years and the long-term planning period; an analysis of 25 problems and opportunities for existing schools and schools 26 anticipated in the future; an analysis of opportunities to 27 collocate future schools with other public facilities such as 28 parks, libraries, and community centers; an analysis of the 29 need for supporting public facilities for existing and future 30 schools; an analysis of opportunities to locate schools to 31 serve as community focal points; projected future population 23 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 and associated demographics, including development patterns 2 year by year for the upcoming 5-year and long-term planning 3 periods; and anticipated educational and ancillary plants with 4 land area requirements. 5 (d)(b) The element shall contain one or more goals 6 which establish the long-term end toward which public school 7 programs and activities are ultimately directed. 8 (e)(c) The element shall contain one or more 9 objectives for each goal, setting specific, measurable, 10 intermediate ends that are achievable and mark progress toward 11 the goal. 12 (f)(d) The element shall contain one or more policies 13 for each objective which establish the way in which programs 14 and activities will be conducted to achieve an identified 15 goal. 16 (g)(e) The objectives and policies shall address items 17 such as: 18 1. The procedure for an annual update process; 19 2. The procedure for school site selection; 20 3. The procedure for school permitting; 21 4. Provision for of supporting infrastructure 22 necessary to support proposed schools, including potable 23 water, wastewater, drainage, solid waste, transportation, and 24 means by which to assure safe access to schools, including 25 sidewalks, bicycle paths, turn lanes, and signalization; 26 5. Provision for colocation of other public 27 facilities, such as parks, libraries, and community centers, 28 in proximity to public schools; 29 6. Provision for location of schools proximate to 30 residential areas and to complement patterns of development, 31 including the location of future school sites so they serve as 24 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 community focal points; 2 7. Measures to ensure compatibility of school sites 3 and surrounding land uses; 4 8. Coordination with adjacent local governments and 5 the school district on emergency preparedness issues, 6 including the use of public schools to serve as emergency 7 shelters; and 8 9. Coordination with the future land use element. 9 (h)(f) The element shall include one or more future 10 conditions maps which depict the anticipated location of 11 educational and ancillary plants, including the general 12 location of improvements to existing schools or new schools 13 anticipated over the 5-year, or long-term planning period. The 14 maps will of necessity be general for the long-term planning 15 period and more specific for the 5-year period. Maps 16 indicating general locations of future schools or school 17 improvements may not prescribe a land use on a particular 18 parcel of land. 19 (i) The state land planning agency shall establish a 20 phased schedule for adoption of the public school facilities 21 element and the required updates to the public schools 22 interlocal agreement pursuant to s. 163.31777. The schedule 23 shall provide for each county and local government within the 24 county to adopt the element and update to the agreement no 25 later than December 1, 2008. Plan amendments to adopt a public 26 school facilities element are exempt from the provisions of s. 27 163.3187(1). 28 (j) Failure to adopt the public school facility 29 element, to enter into an approved interlocal agreement as 30 required by subparagraph (6)(h)2. and 163.31777, or to amend 31 the comprehensive plan as necessary to implement school 25 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 concurrency, according to the phased schedule, shall result in 2 a local government being prohibited from adopting amendments 3 to the comprehensive plan which increase residential density 4 until the necessary amendments have been adopted and 5 transmitted to the state land planning agency. 6 (k) The state land planning agency may issue the 7 school board a notice to show cause why sanctions should not 8 be enforced for failure to enter into an approved interlocal 9 agreement as required by s. 163.31777 or for failure to 10 implement the provisions of this act relating to public school 11 concurrency. The school board may be subject to sanctions 12 imposed by the Administration Commission directing the 13 Department of Education to withhold from the district school 14 board an equivalent amount of funds for school construction 15 available pursuant to ss. 1013.65, 1013.68, 1013.70, and 16 1013.72. 17 (13) Local governments are encouraged to develop a 18 community vision that provides for sustainable growth, 19 recognizes its fiscal constraints, and protects its natural 20 resources. At the request of a local government, the 21 applicable regional planning council shall provide assistance 22 in the development of a community vision. 23 (a) As part of the process of developing a community 24 vision under this section, the local government must hold two 25 public meetings with at least one of those meetings before the 26 local planning agency. Before those public meetings, the local 27 government must hold at least one public workshop with 28 stakeholder groups such as neighborhood associations, 29 community organizations, businesses, private property owners, 30 housing and development interests, and environmental 31 organizations. 26 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (b) The local government must, at a minimum, discuss 2 five of the following topics as part of the workshops and 3 public meetings required under paragraph (a): 4 1. Future growth in the area using population 5 forecasts from the Bureau of Economic and Business Research; 6 2. Priorities for economic development; 7 3. Preservation of open space, environmentally 8 sensitive lands, and agricultural lands; 9 4. Appropriate areas and standards for mixed-use 10 development; 11 5. Appropriate areas and standards for high-density 12 commercial and residential development; 13 6. Appropriate areas and standards for 14 economic-development opportunities and employment centers; 15 7. Provisions for adequate workforce housing; 16 8. An efficient, interconnected multimodal 17 transportation system; and 18 9. Opportunities to create land use patterns that 19 accommodate the issues listed in subparagraphs 1.-8. 20 (c) As part of the workshops and public meetings, the 21 local government must discuss strategies for addressing the 22 topics discussed under paragraph (b), including: 23 1. Strategies to preserve open space and 24 environmentally sensitive lands, and to encourage a healthy 25 agricultural economy, including innovative planning and 26 development strategies, such as the transfer of development 27 rights; 28 2. Incentives for mixed-use development, including 29 increased height and intensity standards for buildings that 30 provide residential use in combination with office or 31 commercial space; 27 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 3. Incentives for workforce housing; 2 4. Designation of an urban service boundary pursuant 3 to subsection (2); and 4 5. Strategies to provide mobility within the community 5 and to protect the Strategic Intermodal System, including the 6 development of a transportation corridor management plan under 7 s. 337.273. 8 (d) The community vision must reflect the community's 9 shared concept for growth and development of the community, 10 including visual representations depicting the desired 11 land-use patterns and character of the community during a 12 10-year planning timeframe. The community vision must also 13 take into consideration economic viability of the vision and 14 private property interests. 15 (e) After the workshops and public meetings required 16 under paragraph (a) are held, the local government may amend 17 its comprehensive plan to include the community vision as a 18 component in the plan. This plan amendment must be transmitted 19 and adopted pursuant to the procedures in ss. 163.3184 and 20 163.3189 at public hearings of the governing body other than 21 those identified in paragraph (a). 22 (f) Amendments submitted under this subsection are 23 exempt from the limitation on the frequency of plan amendments 24 in s. 163.3187. 25 (g) A local government that has developed a community 26 vision or completed a visioning process after July 1, 2000, 27 and before July 1, 2005, which substantially accomplishes the 28 goals set forth in this subsection and the appropriate goals, 29 policies, or objectives have been adopted as part of the 30 comprehensive plan or reflected in subsequently adopted land 31 development regulations and the plan amendment incorporating 28 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 the community vision as a component has been found in 2 compliance is eligible for the incentives in s. 163.3184(17). 3 (14) Local governments are also encouraged to 4 designate an urban service boundary. This area must be 5 appropriate for compact, contiguous urban development within a 6 10-year planning timeframe. The urban service area boundary 7 must be identified on the future land use map or map series. 8 The local government shall demonstrate that the land included 9 within the urban service boundary is served or is planned to 10 be served with adequate public facilities and services based 11 on the local government's adopted level-of-service standards 12 by adopting a 10-year facilities plan in the capital 13 improvements element which is financially feasible. The local 14 government shall demonstrate that the amount of land within 15 the urban service boundary does not exceed the amount of land 16 needed to accommodate the projected population growth at 17 densities consistent with the adopted comprehensive plan 18 within the 10-year planning timeframe. 19 (a) As part of the process of establishing an urban 20 service boundary, the local government must hold two public 21 meetings with at least one of those meetings before the local 22 planning agency. Before those public meetings, the local 23 government must hold at least one public workshop with 24 stakeholder groups such as neighborhood associations, 25 community organizations, businesses, private property owners, 26 housing and development interests, and environmental 27 organizations. 28 (b)1. After the workshops and public meetings required 29 under paragraph (a) are held, the local government may amend 30 its comprehensive plan to include the urban service boundary. 31 This plan amendment must be transmitted and adopted pursuant 29 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 to the procedures in ss. 163.3184 and 163.3189 at meetings of 2 the governing body other than those required under paragraph 3 (a). 4 2. This subsection does not prohibit new development 5 outside an urban service boundary. However, a local government 6 that establishes an urban service boundary under this 7 subsection is encouraged to require a full-cost accounting 8 analysis for any new development outside the boundary and to 9 consider the results of that analysis when adopting a plan 10 amendment for property outside the established urban service 11 boundary. 12 (c) Amendments submitted under this subsection are 13 exempt from the limitation on the frequency of plan amendments 14 in s. 163.3187. 15 (d) A local government that has adopted an urban 16 service boundary before July 1, 2005, which substantially 17 accomplishes the goals set forth in this subsection is not 18 required to comply with paragraph (a) or subparagraph 1. of 19 paragraph (b) in order to be eligible for the incentives under 20 s. 163.3184(17). In order to satisfy the provisions of this 21 paragraph, the local government must secure a determination 22 from the state land planning agency that the urban service 23 boundary adopted before July 1, 2005, substantially complies 24 with the criteria of this subsection, based on data and 25 analysis submitted by the local government to support this 26 determination. The determination by the state land planning 27 agency is not subject to administrative challenge. 28 Section 3. Section 163.31776, Florida Statutes, is 29 repealed. 30 Section 4. Subsections (2), (5), (6), and (7) of 31 section 163.31777, Florida Statutes, are amended to read: 30 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 163.31777 Public schools interlocal agreement.-- 2 (2) At a minimum, the interlocal agreement must 3 address interlocal-agreement requirements in s. 4 163.3180(13)(g), except for exempt local governments as 5 provided in s. 163.3177(12), and must address the following 6 issues: 7 (a) A process by which each local government and the 8 district school board agree and base their plans on consistent 9 projections of the amount, type, and distribution of 10 population growth and student enrollment. The geographic 11 distribution of jurisdiction-wide growth forecasts is a major 12 objective of the process. 13 (b) A process to coordinate and share information 14 relating to existing and planned public school facilities, 15 including school renovations and closures, and local 16 government plans for development and redevelopment. 17 (c) Participation by affected local governments with 18 the district school board in the process of evaluating 19 potential school closures, significant renovations to existing 20 schools, and new school site selection before land 21 acquisition. Local governments shall advise the district 22 school board as to the consistency of the proposed closure, 23 renovation, or new site with the local comprehensive plan, 24 including appropriate circumstances and criteria under which a 25 district school board may request an amendment to the 26 comprehensive plan for school siting. 27 (d) A process for determining the need for and timing 28 of onsite and offsite improvements to support new, proposed 29 expansion, or redevelopment of existing schools. The process 30 must address identification of the party or parties 31 responsible for the improvements. 31 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (e) A process for the school board to inform the local 2 government regarding the effect of comprehensive plan 3 amendments on school capacity. The capacity reporting must be 4 consistent with laws and rules relating to measurement of 5 school facility capacity and must also identify how the 6 district school board will meet the public school demand based 7 on the facilities work program adopted pursuant to s. 1013.35. 8 (f) Participation of the local governments in the 9 preparation of the annual update to the district school 10 board's 5-year district facilities work program and 11 educational plant survey prepared pursuant to s. 1013.35. 12 (g) A process for determining where and how joint use 13 of either school board or local government facilities can be 14 shared for mutual benefit and efficiency. 15 (h) A procedure for the resolution of disputes between 16 the district school board and local governments, which may 17 include the dispute resolution processes contained in chapters 18 164 and 186. 19 (i) An oversight process, including an opportunity for 20 public participation, for the implementation of the interlocal 21 agreement. 22 23 A signatory to the interlocal agreement may elect not to 24 include a provision meeting the requirements of paragraph (e); 25 however, such a decision may be made only after a public 26 hearing on such election, which may include the public hearing 27 in which a district school board or a local government adopts 28 the interlocal agreement. An interlocal agreement entered into 29 pursuant to this section must be consistent with the adopted 30 comprehensive plan and land development regulations of any 31 local government that is a signatory. 32 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (5) Any local government transmitting a public school 2 element to implement school concurrency pursuant to the 3 requirements of s. 163.3180 before the effective date of this 4 section is not required to amend the element or any interlocal 5 agreement to conform with the provisions of this section if 6 the element is adopted prior to or within 1 year after the 7 effective date of this section and remains in effect until the 8 county conducts its evaluation and appraisal report and 9 identifies changes necessary to more fully conform to the 10 provisions of this section. 11 (6) Except as provided in subsection (7), 12 municipalities meeting the exemption criteria in s. 13 163.3177(12) having no established need for a new school 14 facility and meeting the following criteria are exempt from 15 the requirements of subsections (1), (2), and (3).: 16 (a) The municipality has no public schools located 17 within its boundaries. 18 (b) The district school board's 5-year facilities work 19 program and the long-term 10-year and 20-year work programs, 20 as provided in s. 1013.35, demonstrate that no new school 21 facility is needed in the municipality. In addition, the 22 district school board must verify in writing that no new 23 school facility will be needed in the municipality within the 24 5-year and 10-year timeframes. 25 (7) At the time of the evaluation and appraisal 26 report, each exempt municipality shall assess the extent to 27 which it continues to meet the criteria for exemption under s. 28 163.3177(12) subsection (6). If the municipality continues to 29 meet these criteria and the district school board verifies in 30 writing that no new school facilities will be needed within 31 the 5-year and 10-year timeframes, the municipality shall 33 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 continue to be exempt from the interlocal-agreement 2 requirement. Each municipality exempt under s. 163.3177(12) 3 subsection (6) must comply with the provisions of this section 4 within 1 year after the district school board proposes, in its 5 5-year district facilities work program, a new school within 6 the municipality's jurisdiction. 7 Section 5. Paragraph (a) of subsection (1), subsection 8 (2), paragraph (c) of subsection (4), subsections (5), (6), 9 (7), (9), (10), (13), and (15) of section 163.3180, Florida 10 Statutes, are amended, and subsections (16) and (17) are added 11 to that section, to read: 12 163.3180 Concurrency.-- 13 (1)(a) Sanitary sewer, solid waste, drainage, potable 14 water, parks and recreation, schools, and transportation 15 facilities, including mass transit, where applicable, are the 16 only public facilities and services subject to the concurrency 17 requirement on a statewide basis. Additional public facilities 18 and services may not be made subject to concurrency on a 19 statewide basis without appropriate study and approval by the 20 Legislature; however, any local government may extend the 21 concurrency requirement so that it applies to additional 22 public facilities within its jurisdiction. 23 (2)(a) Consistent with public health and safety, 24 sanitary sewer, solid waste, drainage, adequate water 25 supplies, and potable water facilities shall be in place and 26 available to serve new development no later than the issuance 27 by the local government of a certificate of occupancy or its 28 functional equivalent. Prior to approval of a building permit 29 or its functional equivalent, the local government shall 30 consult with the applicable water supplier to determine 31 whether adequate water supplies to serve the new development 34 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 will be available no later than the anticipated date of 2 issuance by the local government of a certificate of occupancy 3 or its functional equivalent. 4 (b) Consistent with the public welfare, and except as 5 otherwise provided in this section, parks and recreation 6 facilities to serve new development shall be in place or under 7 actual construction no later than 1 year after issuance by the 8 local government of a certificate of occupancy or its 9 functional equivalent. However, the acreage for such 10 facilities shall be dedicated or be acquired by the local 11 government prior to issuance by the local government of a 12 certificate of occupancy or its functional equivalent, or 13 funds in the amount of the developer's fair share shall be 14 committed no later than prior to issuance by the local 15 government's approval to commence construction government of a 16 certificate of occupancy or its functional equivalent. 17 (c) Consistent with the public welfare, and except as 18 otherwise provided in this section, transportation facilities 19 designated as part of the Florida Intrastate Highway System 20 needed to serve new development shall be in place or under 21 actual construction within 3 not more than 5 years after the 22 local government approves a building permit or its functional 23 equivalent that results in traffic generation issuance by the 24 local government of a certificate of occupancy or its 25 functional equivalent. Other transportation facilities needed 26 to serve new development shall be in place or under actual 27 construction no more than 3 years after issuance by the local 28 government of a certificate of occupancy or its functional 29 equivalent. 30 (4) 31 (c) The concurrency requirement, except as it relates 35 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 to transportation facilities and public schools, as 2 implemented in local government comprehensive plans, may be 3 waived by a local government for urban infill and 4 redevelopment areas designated pursuant to s. 163.2517 if such 5 a waiver does not endanger public health or safety as defined 6 by the local government in its local government comprehensive 7 plan. The waiver shall be adopted as a plan amendment 8 pursuant to the process set forth in s. 163.3187(3)(a). A 9 local government may grant a concurrency exception pursuant to 10 subsection (5) for transportation facilities located within 11 these urban infill and redevelopment areas. 12 (5)(a) The Legislature finds that under limited 13 circumstances dealing with transportation facilities, 14 countervailing planning and public policy goals may come into 15 conflict with the requirement that adequate public facilities 16 and services be available concurrent with the impacts of such 17 development. The Legislature further finds that often the 18 unintended result of the concurrency requirement for 19 transportation facilities is the discouragement of urban 20 infill development and redevelopment. Such unintended results 21 directly conflict with the goals and policies of the state 22 comprehensive plan and the intent of this part. Therefore, 23 exceptions from the concurrency requirement for transportation 24 facilities may be granted as provided by this subsection. 25 (b) A local government may grant an exception from the 26 concurrency requirement for transportation facilities if the 27 proposed development is otherwise consistent with the adopted 28 local government comprehensive plan and is a project that 29 promotes public transportation or is located within an area 30 designated in the comprehensive plan for: 31 1. Urban infill development, 36 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 2. Urban redevelopment, 2 3. Downtown revitalization, or 3 4. Urban infill and redevelopment under s. 163.2517. 4 (c) The Legislature also finds that developments 5 located within urban infill, urban redevelopment, existing 6 urban service, or downtown revitalization areas or areas 7 designated as urban infill and redevelopment areas under s. 8 163.2517 which pose only special part-time demands on the 9 transportation system should be excepted from the concurrency 10 requirement for transportation facilities. A special 11 part-time demand is one that does not have more than 200 12 scheduled events during any calendar year and does not affect 13 the 100 highest traffic volume hours. 14 (d) A local government shall establish guidelines in 15 the comprehensive plan for granting the exceptions authorized 16 in paragraphs (b) and (c) and subsections (7) and (15) which 17 must be consistent with and support a comprehensive strategy 18 adopted in the plan to promote the purpose of the exceptions. 19 (e) The local government shall adopt into the plan and 20 implement strategies to support and fund mobility within the 21 designated exception area, including alternative modes of 22 transportation. The plan amendment shall also demonstrate how 23 strategies will support the purpose of the exception and how 24 mobility within the designated exception area will be 25 provided. In addition, the strategies must address urban 26 design; appropriate land use mixes, including intensity and 27 density; and network connectivity plans needed to promote 28 urban infill, redevelopment, or downtown revitalization. The 29 comprehensive plan amendment designating the concurrency 30 exception area shall be accompanied by data and analysis 31 justifying the size of the area. 37 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (f) Prior to the designation of a concurrency 2 exception area, the Department of Transportation shall be 3 consulted by the local government to assess the impact that 4 the proposed exception area is expected to have on the adopted 5 level of service standards established for Strategic 6 Intermodal System facilities, as defined in s. 339.64, and 7 roadway facilities funded in accordance with s. 339.2819. 8 Further, the local government shall, in cooperation with the 9 Department of Transportation, develop a plan to mitigate any 10 impacts to the Strategic Intermodal System, including, if 11 appropriate, the development of a long-term concurrency 12 management system pursuant to ss. 163.3177(3)(d) and 13 163.3180(9). in the comprehensive plan. These guidelines must 14 include consideration of the impacts on the Florida Intrastate 15 Highway System, as defined in s. 338.001. The exceptions may 16 be available only within the specific geographic area of the 17 jurisdiction designated in the plan. Pursuant to s. 163.3184, 18 any affected person may challenge a plan amendment 19 establishing these guidelines and the areas within which an 20 exception could be granted. 21 (g) Transportation concurrency exception areas 22 existing prior to July 1, 2005, shall meet, at a minimum, the 23 provisions of this section by July 1, 2006, or at the time of 24 the comprehensive plan update pursuant to the evaluation and 25 appraisal report, whichever occurs last. 26 (6) The Legislature finds that a de minimis impact is 27 consistent with this part. A de minimis impact is an impact 28 that would not affect more than 1 percent of the maximum 29 volume at the adopted level of service of the affected 30 transportation facility as determined by the local government. 31 No impact will be de minimis if the sum of existing roadway 38 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 volumes and the projected volumes from approved projects on a 2 transportation facility would exceed 110 percent of the 3 maximum volume at the adopted level of service of the affected 4 transportation facility; provided however, that an impact of a 5 single family home on an existing lot will constitute a de 6 minimis impact on all roadways regardless of the level of the 7 deficiency of the roadway. Local governments are encouraged to 8 adopt methodologies to encourage de minimis impacts on 9 transportation facilities within an existing urban service 10 area. Further, no impact will be de minimis if it would exceed 11 the adopted level-of-service standard of any affected 12 designated hurricane evacuation routes. Each local government 13 shall maintain sufficient records to ensure that the 14 110-percent criterion is not exceeded. Each local government 15 shall submit annually, with its updated capital improvements 16 element, a summary of the de minimis records. If the state 17 land planning agency determines that the 110-percent criterion 18 has been exceeded, the state land planning agency shall notify 19 the local government of the exceedance and that no further de 20 minimis exceptions for the applicable roadway may be granted 21 until such time as the volume is reduced below the 110 22 percent. The local government shall provide proof of this 23 reduction to the state land planning agency before issuing 24 further de minimis exceptions. 25 (7) In order to promote infill development and 26 redevelopment, one or more transportation concurrency 27 management areas may be designated in a local government 28 comprehensive plan. A transportation concurrency management 29 area must be a compact geographic area with an existing 30 network of roads where multiple, viable alternative travel 31 paths or modes are available for common trips. A local 39 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 government may establish an areawide level-of-service standard 2 for such a transportation concurrency management area based 3 upon an analysis that provides for a justification for the 4 areawide level of service, how urban infill development or 5 redevelopment will be promoted, and how mobility will be 6 accomplished within the transportation concurrency management 7 area. Prior to the designation of a concurrency management 8 area, the Department of Transportation shall be consulted by 9 the local government to assess the impact that the proposed 10 concurrency management area is expected to have on the adopted 11 level of service standards established for Strategic 12 Intermodal System facilities, as defined in s. 339.64, and 13 roadway facilities funded in accordance with s. 339.2819. 14 Further, the local government shall, in cooperation with the 15 Department of Transportation, develop a plan to mitigate any 16 impacts to the Strategic Intermodal System, including, if 17 appropriate, the development of a long-term concurrency 18 management system pursuant to ss. 163.3177(3)(d) and 19 163.3180(9). Transportation concurrency management areas 20 existing prior to July 1, 2005, shall meet, at a minimum, the 21 provisions of this section by July 1, 2006, or at the time of 22 the comprehensive plan update pursuant to the evaluation and 23 appraisal report, whichever occurs last. The state land 24 planning agency shall amend chapter 9J-5, Florida 25 Administrative Code, to be consistent with this subsection. 26 (9)(a) Each local government may adopt as a part of 27 its plan, a long-term transportation and school concurrency 28 management systems system with a planning period of up to 10 29 years for specially designated districts or areas where 30 significant backlogs exist. The plan may include interim 31 level-of-service standards on certain facilities and shall may 40 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 rely on the local government's schedule of capital 2 improvements for up to 10 years as a basis for issuing 3 development orders that authorize commencement of construction 4 permits in these designated districts or areas. The 5 concurrency management system. It must be designed to correct 6 existing deficiencies and set priorities for addressing 7 backlogged facilities. The concurrency management system It 8 must be financially feasible and consistent with other 9 portions of the adopted local plan, including the future land 10 use map. 11 (b) If a local government has a transportation or 12 school facility backlog for existing development which cannot 13 be adequately addressed in a 10-year plan, the state land 14 planning agency may allow it to develop a plan and long-term 15 schedule of capital improvements covering of up to 15 years 16 for good and sufficient cause, based on a general comparison 17 between that local government and all other similarly situated 18 local jurisdictions, using the following factors: 19 1. The extent of the backlog. 20 2. For roads, whether the backlog is on local or state 21 roads. 22 3. The cost of eliminating the backlog. 23 4. The local government's tax and other 24 revenue-raising efforts. 25 (c) The local government may issue approvals to 26 commence construction notwithstanding s. 163.3180, consistent 27 with and in areas that are subject to a long-term concurrency 28 management system. 29 (d) If the local government adopts a long-term 30 concurrency management system, it must evaluate the system 31 periodically. At a minimum, the local government must assess 41 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 its progress toward improving levels of service within the 2 long-term concurrency management district or area in the 3 evaluation and appraisal report and determine any changes that 4 are necessary to accelerate progress in meeting acceptable 5 levels of service. 6 (10) With regard to roadway facilities on the 7 Strategic Intermodal System designated in accordance with ss. 8 339.61, 339.62, 339.63, and 339.64, the Florida Intrastate 9 Highway System as defined in s. 338.001, and roadway 10 facilities funded in accordance with s. 339.2819 with 11 concurrence from the Department of Transportation, the 12 level-of-service standard for general lanes in urbanized 13 areas, as defined in s. 334.03(36), may be established by the 14 local government in the comprehensive plan. For all other 15 facilities on the Florida Intrastate Highway System, local 16 governments shall adopt the level-of-service standard 17 established by the Department of Transportation by rule. For 18 all other roads on the State Highway System, local governments 19 shall establish an adequate level-of-service standard that 20 need not be consistent with any level-of-service standard 21 established by the Department of Transportation. In 22 establishing adequate level-of-service standards for any 23 arterial roads, or collector roads as appropriate, which 24 traverse multiple jurisdictions, local governments shall 25 consider compatibility with the roadway facility's adopted 26 level-of-service standards in adjacent jurisdictions. Each 27 local government within a county shall use a professionally 28 accepted methodology for measuring impacts on transportation 29 facilities for the purposes of implementing its concurrency 30 management system. Counties are encouraged to coordinate with 31 adjacent counties, and local governments within a county are 42 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 encouraged to coordinate, for the purpose of using common 2 methodologies for measuring impacts on transportation 3 facilities for the purpose of implementing their concurrency 4 management systems. 5 (13) School concurrency, if imposed by local option, 6 shall be established on a districtwide basis and shall include 7 all public schools in the district and all portions of the 8 district, whether located in a municipality or an 9 unincorporated area unless exempt from the public school 10 facilities element pursuant to s. 163.3177(12). The 11 application of school concurrency to development shall be 12 based upon the adopted comprehensive plan, as amended. All 13 local governments within a county, except as provided in 14 paragraph (f), shall adopt and transmit to the state land 15 planning agency the necessary plan amendments, along with the 16 interlocal agreement, for a compliance review pursuant to s. 17 163.3184(7) and (8). School concurrency shall not become 18 effective in a county until all local governments, except as 19 provided in paragraph (f), have adopted the necessary plan 20 amendments, which together with the interlocal agreement, are 21 determined to be in compliance with the requirements of this 22 part. The minimum requirements for school concurrency are the 23 following: 24 (a) Public school facilities element.--A local 25 government shall adopt and transmit to the state land planning 26 agency a plan or plan amendment which includes a public school 27 facilities element which is consistent with the requirements 28 of s. 163.3177(12) and which is determined to be in compliance 29 as defined in s. 163.3184(1)(b). All local government public 30 school facilities plan elements within a county must be 31 consistent with each other as well as the requirements of this 43 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 part. 2 (b) Level-of-service standards.--The Legislature 3 recognizes that an essential requirement for a concurrency 4 management system is the level of service at which a public 5 facility is expected to operate. 6 1. Local governments and school boards imposing school 7 concurrency shall exercise authority in conjunction with each 8 other to establish jointly adequate level-of-service 9 standards, as defined in chapter 9J-5, Florida Administrative 10 Code, necessary to implement the adopted local government 11 comprehensive plan, based on data and analysis. 12 2. Public school level-of-service standards shall be 13 included and adopted into the capital improvements element of 14 the local comprehensive plan and shall apply districtwide to 15 all schools of the same type. Types of schools may include 16 elementary, middle, and high schools as well as special 17 purpose facilities such as magnet schools. 18 3. Local governments and school boards shall have the 19 option to utilize tiered level-of-service standards to allow 20 time to achieve an adequate and desirable level of service as 21 circumstances warrant. 22 (c) Service areas.--The Legislature recognizes that an 23 essential requirement for a concurrency system is a 24 designation of the area within which the level of service will 25 be measured when an application for a residential development 26 permit is reviewed for school concurrency purposes. This 27 delineation is also important for purposes of determining 28 whether the local government has a financially feasible public 29 school capital facilities program that will provide schools 30 which will achieve and maintain the adopted level-of-service 31 standards. 44 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 1. In order to balance competing interests, preserve 2 the constitutional concept of uniformity, and avoid disruption 3 of existing educational and growth management processes, local 4 governments are encouraged to initially apply school 5 concurrency to development only on a districtwide basis so 6 that a concurrency determination for a specific development 7 will be based upon the availability of school capacity 8 districtwide. To ensure that development is coordinated with 9 schools having available capacity, within 5 years after 10 adoption of school concurrency, local governments shall apply 11 school concurrency on a less than districtwide basis, such as 12 using school attendance zones or concurrency service areas, as 13 provided in subparagraph 2. 14 2. For local governments applying school concurrency 15 on a less than districtwide basis, such as utilizing school 16 attendance zones or larger school concurrency service areas, 17 local governments and school boards shall have the burden to 18 demonstrate that the utilization of school capacity is 19 maximized to the greatest extent possible in the comprehensive 20 plan and amendment, taking into account transportation costs 21 and court-approved desegregation plans, as well as other 22 factors. In addition, in order to achieve concurrency within 23 the service area boundaries selected by local governments and 24 school boards, the service area boundaries, together with the 25 standards for establishing those boundaries, shall be 26 identified and, included as supporting data and analysis for, 27 and adopted as part of the comprehensive plan. Any subsequent 28 change to the service area boundaries for purposes of a school 29 concurrency system shall be by plan amendment and shall be 30 exempt from the limitation on the frequency of plan amendments 31 in s. 163.3187(1). 45 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 3. Where school capacity is available on a 2 districtwide basis but school concurrency is applied on a less 3 than districtwide basis in the form of concurrency service 4 areas, if the adopted level-of-service standard cannot be met 5 in a particular service area as applied to an application for 6 a development permit and if the needed capacity for the 7 particular service area is available in one or more contiguous 8 service areas, as adopted by the local government, then the 9 local government may not deny an application for site plan or 10 final subdivision approval or the functional equivalent for a 11 development or phase of a development on the basis of school 12 concurrency, and if order shall be issued, development impacts 13 shall be shifted to contiguous service areas with schools 14 having available capacity and mitigation measures shall not be 15 exacted. 16 (d) Financial feasibility.--The Legislature recognizes 17 that financial feasibility is an important issue because the 18 premise of concurrency is that the public facilities will be 19 provided in order to achieve and maintain the adopted 20 level-of-service standard. This part and chapter 9J-5, Florida 21 Administrative Code, contain specific standards to determine 22 the financial feasibility of capital programs. These standards 23 were adopted to make concurrency more predictable and local 24 governments more accountable. 25 1. A comprehensive plan amendment seeking to impose 26 school concurrency shall contain appropriate amendments to the 27 capital improvements element of the comprehensive plan, 28 consistent with the requirements of s. 163.3177(3) and rule 29 9J-5.016, Florida Administrative Code. The capital 30 improvements element shall set forth a financially feasible 31 public school capital facilities program, established in 46 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 conjunction with the school board, that demonstrates that the 2 adopted level-of-service standards will be achieved and 3 maintained. 4 2. Such amendments shall demonstrate that the public 5 school capital facilities program meets all of the financial 6 feasibility standards of this part and chapter 9J-5, Florida 7 Administrative Code, that apply to capital programs which 8 provide the basis for mandatory concurrency on other public 9 facilities and services. 10 3. When the financial feasibility of a public school 11 capital facilities program is evaluated by the state land 12 planning agency for purposes of a compliance determination, 13 the evaluation shall be based upon the service areas selected 14 by the local governments and school board. 15 (e) Availability standard.--Consistent with the public 16 welfare, a local government may not deny an application for 17 site plan, final subdivision approval, or the functional 18 equivalent for a development or phase of a development permit 19 authorizing residential development for failure to achieve and 20 maintain the level-of-service standard for public school 21 capacity in a local option school concurrency management 22 system where adequate school facilities will be in place or 23 under actual construction within 3 years after the permit 24 issuance of final subdivision or site plan approval, or the 25 functional equivalent. School concurrency shall be satisfied 26 if the developer executes a legally binding commitment to 27 provide mitigation proportionate to the demand for public 28 school facilities to be created by actual development of the 29 property, including, but not limited to, the options described 30 in subparagraph 1. Options for proportionate-share mitigation 31 of impacts on public school facilities shall be established in 47 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 the public school facilities element and the interlocal 2 agreement pursuant to s. 163.31777. 3 1. Appropriate mitigation options include the 4 contribution of land; the construction, expansion, or payment 5 for land acquistion or construction of a public school 6 facility; or the creation of mitigation banking based on the 7 construction of a public school facility in exchange for the 8 right to sell capacity credits. Such options must include 9 execution by the applicant and the local government of a 10 binding development agreement that constitutes a legally 11 binding commitment to pay proportionate-share mitigation for 12 the additional residential units approved by the local 13 government in a development order and actually developed on 14 the property, taking into account residential density allowed 15 on the property prior to the plan amendment that increased 16 overall residential density. The district school board shall 17 be a party to such an agreement. As a condition of its entry 18 into such a development agreement, the local government may 19 require the landowner to agree to continuing renewal of the 20 agreement upon its expiration. 21 2. If the education facilities plan and the public 22 educational facilities element authorize a contribution of 23 land; the construction, expansion, or payment for land 24 acquistion; or the construction or expansion of a public 25 school facility, or a portion thereof, as proportionate-share 26 mitigation, the local government shall credit such a 27 contribution, construction, expansion, or payment toward any 28 other impact fee or exaction imposed by local ordinance for 29 the same need, on a dollar-for-dollar basis at fair market 30 value. 31 3. Any proportionate-share mitigation must be directed 48 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 by the school board toward a school capacity improvement 2 identified in a financially feasible 5-year district work plan 3 and which satisfies the demands created by that development in 4 accordance with a binding developer's agreement. 5 4. This paragraph does not limit the authority of a 6 local government to deny a development permit or its 7 functional equivalent pursuant to its home-rule regulatory 8 powers, except as provided in this part. 9 (f) Intergovernmental coordination.-- 10 1. When establishing concurrency requirements for 11 public schools, a local government shall satisfy the 12 requirements for intergovernmental coordination set forth in 13 s. 163.3177(6)(h)1. and 2., except that a municipality is not 14 required to be a signatory to the interlocal agreement 15 required by ss. s. 163.3177(6)(h)2. and 163.31777(6), as a 16 prerequisite for imposition of school concurrency, and as a 17 nonsignatory, shall not participate in the adopted local 18 school concurrency system, if the municipality meets all of 19 the following criteria for having no significant impact on 20 school attendance: 21 a. The municipality has issued development orders for 22 fewer than 50 residential dwelling units during the preceding 23 5 years, or the municipality has generated fewer than 25 24 additional public school students during the preceding 5 25 years. 26 b. The municipality has not annexed new land during 27 the preceding 5 years in land use categories which permit 28 residential uses that will affect school attendance rates. 29 c. The municipality has no public schools located 30 within its boundaries. 31 d. At least 80 percent of the developable land within 49 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 the boundaries of the municipality has been built upon. 2 2. A municipality which qualifies as having no 3 significant impact on school attendance pursuant to the 4 criteria of subparagraph 1. must review and determine at the 5 time of its evaluation and appraisal report pursuant to s. 6 163.3191 whether it continues to meet the criteria pursuant to 7 s. 163.31777(6). If the municipality determines that it no 8 longer meets the criteria, it must adopt appropriate school 9 concurrency goals, objectives, and policies in its plan 10 amendments based on the evaluation and appraisal report, and 11 enter into the existing interlocal agreement required by ss. 12 s. 163.3177(6)(h)2. and 163.31777, in order to fully 13 participate in the school concurrency system. If such a 14 municipality fails to do so, it will be subject to the 15 enforcement provisions of s. 163.3191. 16 (g) Interlocal agreement for school concurrency.--When 17 establishing concurrency requirements for public schools, a 18 local government must enter into an interlocal agreement that 19 which satisfies the requirements in ss. s. 163.3177(6)(h)1. 20 and 2. and 163.31777 and the requirements of this subsection. 21 The interlocal agreement shall acknowledge both the school 22 board's constitutional and statutory obligations to provide a 23 uniform system of free public schools on a countywide basis, 24 and the land use authority of local governments, including 25 their authority to approve or deny comprehensive plan 26 amendments and development orders. The interlocal agreement 27 shall be submitted to the state land planning agency by the 28 local government as a part of the compliance review, along 29 with the other necessary amendments to the comprehensive plan 30 required by this part. In addition to the requirements of ss. 31 s. 163.3177(6)(h) and 163.31777, the interlocal agreement 50 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 shall meet the following requirements: 2 1. Establish the mechanisms for coordinating the 3 development, adoption, and amendment of each local 4 government's public school facilities element with each other 5 and the plans of the school board to ensure a uniform 6 districtwide school concurrency system. 7 2. Establish a process by which each local government 8 and the school board shall agree and base their plans on 9 consistent projections of the amount, type, and distribution 10 of population growth and coordinate and share information 11 relating to existing and planned public school facilities 12 projections and proposals for development and redevelopment, 13 and infrastructure required to support public school 14 facilities. 15 2.3. Establish a process for the development of siting 16 criteria which encourages the location of public schools 17 proximate to urban residential areas to the extent possible 18 and seeks to collocate schools with other public facilities 19 such as parks, libraries, and community centers to the extent 20 possible. 21 3.4. Specify uniform, districtwide level-of-service 22 standards for public schools of the same type and the process 23 for modifying the adopted level-of-service standards. 24 4.5. Establish a process for the preparation, 25 amendment, and joint approval by each local government and the 26 school board of a public school capital facilities program 27 which is financially feasible, and a process and schedule for 28 incorporation of the public school capital facilities program 29 into the local government comprehensive plans on an annual 30 basis. 31 5.6. Define the geographic application of school 51 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 concurrency. If school concurrency is to be applied on a less 2 than districtwide basis in the form of concurrency service 3 areas, the agreement shall establish criteria and standards 4 for the establishment and modification of school concurrency 5 service areas. The agreement shall also establish a process 6 and schedule for the mandatory incorporation of the school 7 concurrency service areas and the criteria and standards for 8 establishment of the service areas into the local government 9 comprehensive plans. The agreement shall ensure maximum 10 utilization of school capacity, taking into account 11 transportation costs and court-approved desegregation plans, 12 as well as other factors. The agreement shall also ensure the 13 achievement and maintenance of the adopted level-of-service 14 standards for the geographic area of application throughout 15 the 5 years covered by the public school capital facilities 16 plan and thereafter by adding a new fifth year during the 17 annual update. 18 6.7. Establish a uniform districtwide procedure for 19 implementing school concurrency which provides for: 20 a. The evaluation of development applications for 21 compliance with school concurrency requirements, including 22 information provided by the school board on affected schools, 23 impact on levels of service, and programmed improvements for 24 affected schools and any options to provide sufficient 25 capacity; 26 b. An opportunity for the school board to review and 27 comment on the effect of comprehensive plan amendments and 28 rezonings on the public school facilities plan; and 29 c. The monitoring and evaluation of the school 30 concurrency system. 31 7.8. Include provisions relating to termination, 52 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 suspension, and amendment of the agreement. The agreement 2 shall provide that if the agreement is terminated or 3 suspended, the application of school concurrency shall be 4 terminated or suspended. 5 8. A process and uniform methodology for determining 6 proportionate-share mitigation pursuant to subparagraph (e)1. 7 (h) This subsection does not limit the authority of a 8 local government to grant or deny a development permit or its 9 functional equivalent prior to the implementation of school 10 concurrency. 11 (15)(a) Multimodal transportation districts may be 12 established under a local government comprehensive plan in 13 areas delineated on the future land use map for which the 14 local comprehensive plan assigns secondary priority to vehicle 15 mobility and primary priority to assuring a safe, comfortable, 16 and attractive pedestrian environment, with convenient 17 interconnection to transit. Such districts must incorporate 18 community design features that will reduce the number of 19 automobile trips or vehicle miles of travel and will support 20 an integrated, multimodal transportation system. Prior to the 21 designation of multimodal transportation districts, the 22 Department of Transportation shall be consulted by the local 23 government to assess the impact that the proposed multimodal 24 district area is expected to have on the adopted level of 25 service standards established for Strategic Intermodal System 26 facilities, as defined in s. 339.64, and roadway facilities 27 funded in accordance with s. 339.2819. Further, the local 28 government shall, in cooperation with the Department of 29 Transportation, develop a plan to mitigate any impacts to the 30 Strategic Intermodal System, including the development of a 31 long-term concurrency management system pursuant to ss. 53 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 163.3177(3)(d) and 163.3180(9). Multimodal transportation 2 districts existing prior to July 1, 2005, shall meet, at a 3 minimum, the provisions of this section by July 1, 2006, or at 4 the time of the comprehensive plan update pursuant to the 5 evaluation and appraisal report, whichever occurs last. 6 (b) Community design elements of such a district 7 include: a complementary mix and range of land uses, including 8 educational, recreational, and cultural uses; interconnected 9 networks of streets designed to encourage walking and 10 bicycling, with traffic-calming where desirable; appropriate 11 densities and intensities of use within walking distance of 12 transit stops; daily activities within walking distance of 13 residences, allowing independence to persons who do not drive; 14 public uses, streets, and squares that are safe, comfortable, 15 and attractive for the pedestrian, with adjoining buildings 16 open to the street and with parking not interfering with 17 pedestrian, transit, automobile, and truck travel modes. 18 (c) Local governments may establish multimodal 19 level-of-service standards that rely primarily on nonvehicular 20 modes of transportation within the district, when justified by 21 an analysis demonstrating that the existing and planned 22 community design will provide an adequate level of mobility 23 within the district based upon professionally accepted 24 multimodal level-of-service methodologies. The analysis must 25 take into consideration the impact on the Florida Intrastate 26 Highway System. The analysis must also demonstrate that the 27 capital improvements required to promote community design are 28 financially feasible over the development or redevelopment 29 timeframe for the district and that community design features 30 within the district provide convenient interconnection for a 31 multimodal transportation system. Local governments may issue 54 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 development permits in reliance upon all planned community 2 design capital improvements that are financially feasible over 3 the development or redevelopment timeframe for the district, 4 without regard to the period of time between development or 5 redevelopment and the scheduled construction of the capital 6 improvements. A determination of financial feasibility shall 7 be based upon currently available funding or funding sources 8 that could reasonably be expected to become available over the 9 planning period. 10 (d) Local governments may reduce impact fees or local 11 access fees for development within multimodal transportation 12 districts based on the reduction of vehicle trips per 13 household or vehicle miles of travel expected from the 14 development pattern planned for the district. 15 (16) It is the intent of the Legislature to provide a 16 method by which the impacts of development on transportation 17 facilities can be mitigated by the cooperative efforts of the 18 public and private sectors. The methodology used to calculate 19 proportionate fair-share mitigation under this section shall 20 be as provided for in s. 163.3180(12). 21 (a) By December 1, 2006, each local government shall 22 adopt by ordinance a methodology for assessing proportionate 23 fair-share mitigation options. By December 1, 2005, the 24 Department of Transportation shall develop a model 25 transportation concurrency management ordinance with 26 methodologies for assessing proportionate fair-share 27 mitigation options. 28 (b)1. In its transportation concurrency management 29 system, a local government shall, by December 1, 2006, include 30 methodologies that will be applied to calculate proportionate 31 fair-share mitigation. A developer may choose to satisfy all 55 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 transportation concurrency requirements by contributing or 2 paying proportionate fair-share mitigation if transportation 3 facilities or facility segments identified as mitigation for 4 traffic impacts are specifically identified for funding in the 5 5-year schedule of capital improvements in the capital 6 improvements element of the local plan or the long-term 7 concurrency management system or if such contributions or 8 payments to such facilities or segments are reflected in the 9 5-year schedule of capital improvements in the next regularly 10 scheduled update of the capital improvements element. Updates 11 to the 5-year capital improvements element which reflect 12 proportionate fair-share contributions may not be found not in 13 compliance based on s. 163.3177(3) and s. 163.164(32) if 14 additional contributions, payments or funding sources are 15 reasonably anticipated during a period not to exceed 10 years 16 to fully mitigate impacts on the transportation facilities. 17 2. Proportionate fair-share mitigation shall be 18 applied as a credit against impact fees to the extent that all 19 or a portion of the proportionate fair-share mitigation is 20 used to address the same capital infrastructure improvements 21 contemplated by the local government's impact fee ordinance. 22 (c) Proportionate fair-share mitigation includes, 23 without limitation, separately or collectively, private funds, 24 contributions of land, and construction and contribution of 25 facilities and may include public funds as determined by the 26 local government. The fair market value of the proportionate 27 fair-share mitigation shall not differ based on the form of 28 mitigation. A local government may not require a development 29 to pay more than its proportionate fair-share contribution 30 regardless of the method of mitigation. 31 (d) Nothing in this subsection shall require a local 56 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 government to approve a development that is not otherwise 2 qualified for approval pursuant to the applicable local 3 comprehensive plan and land development regulations. 4 (e) Mitigation for development impacts to facilities 5 on the Strategic Intermodal System made pursuant to this 6 subsection requires the concurrence of the Department of 7 Transportation. 8 (f) In the event the funds in an adopted 5-year 9 capital improvements element are insufficient to fully fund 10 construction of a transportation improvement required by the 11 local government's concurrency management system, a local 12 government and a developer may still enter into a binding 13 proportionate share agreement authorizing the developer to 14 construct that amount of development on which the 15 proportionate share is calculated if the proportionate share 16 amount in such agreement is sufficient to pay for one or more 17 improvements which will, in the opinion of the governmental 18 entity or entities maintaining the transportation facilities, 19 significantly benefit the impacted transportation system. The 20 improvement or improvements funded by the proportionate share 21 component must be adopted into the 5-year capital improvements 22 schedule of the comprehensive plan at the next annual capital 23 improvements element update. 24 (g) Except as provided in subparagraph (b)1., nothing 25 in this section shall prohibit the Department of Community 26 Affairs from finding other portions of the capital 27 improvements element amendments not in compliance as provided 28 in this chapter. 29 (h) The provisions of this subsection do not apply to 30 a multiuse development of regional impact satisfying the 31 requirements of subsection (12). 57 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 Section 6. Subsections (17) and (18) are added to 2 section 163.3184, Florida Statutes, to read: 3 163.3184 Process for adoption of comprehensive plan or 4 plan amendment.-- 5 (17) A local government that has adopted a community 6 vision and urban service boundary under s. 163.31773(13) and 7 (14) may adopt a plan amendment related to map amendments 8 solely to property within an urban service boundary in the 9 manner described in subsections (1), (2), (7), (14), (15), and 10 (16) and s. 163.3187(1)(c)1.d. and e., 2., and 3., such that 11 state and regional agency review is eliminated. The department 12 may not issue an objections, recommendations, and comments 13 report on proposed plan amendments or a notice of intent on 14 adopted plan amendments; however, affected persons, as defined 15 by paragraph (1)(a), may file a petition for administrative 16 review pursuant to the requirements of s. 163.3187(3)(a) to 17 challenge the compliance of an adopted plan amendment. This 18 subsection does not apply to any amendment within an area of 19 critical state concern, to any amendment that increases 20 residential densities allowable in high-hazard coastal areas 21 as defined in s. 163.3178(2)(h), or to a text change to the 22 goals, policies, or objectives of the local government's 23 comprehensive plan. Amendments submitted under this subsection 24 are exempt from the limitation on the frequency of plan 25 amendments in s. 163.3187. 26 (18) A municipality that has a designated urban infill 27 and redevelopment area under s. 163.2517 may adopt a plan 28 amendment related to map amendments solely to property within 29 a designated urban infill and redevelopment area in the manner 30 described in subsections (1), (2), (7), (14), (15), and (16) 31 and s. 163.3187(1)(c)1.d. and e., 2., 3., such that state and 58 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 regional agency review is eliminated. The department may not 2 issue an objections, recommendations, and comments report on 3 proposed plan amendments or a notice of intent on adopted plan 4 amendments; however, affected persons, as defined by paragraph 5 (1)(a), may file a petition for administrative review pursuant 6 to the requirements of s. 163.3187(3)(a) to challenge the 7 compliance of an adopted plan amendment. This subsection does 8 not apply to any amendment within an area of critical state 9 concern, to any amendment that increases residential densities 10 allowable in high-hazard coastal areas as defined in s. 11 163.3178(2)(h), or to a text change to the goals, policies, or 12 objectives of the local government's comprehensive plan. 13 Amendments submitted under this subsection are exempt from the 14 limitation on the frequency of plan amendments in s. 163.3187. 15 Section 7. Paragraph (c) of subsection (1) is amended 16 and paragraph (o) is added to section 163.3187, Florida 17 Statutes, to read: 18 163.3187 Amendment of adopted comprehensive plan.-- 19 (1) Amendments to comprehensive plans adopted pursuant 20 to this part may be made not more than two times during any 21 calendar year, except: 22 (c) Any local government comprehensive plan amendments 23 directly related to proposed small scale development 24 activities may be approved without regard to statutory limits 25 on the frequency of consideration of amendments to the local 26 comprehensive plan. A small scale development amendment may be 27 adopted only under the following conditions: 28 1. The proposed amendment involves a use of 10 acres 29 or fewer and: 30 a. The cumulative annual effect of the acreage for all 31 small scale development amendments adopted by the local 59 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 government shall not exceed: 2 (I) A maximum of 120 acres in a local government that 3 contains areas specifically designated in the local 4 comprehensive plan for urban infill, urban redevelopment, or 5 downtown revitalization as defined in s. 163.3164, urban 6 infill and redevelopment areas designated under s. 163.2517, 7 transportation concurrency exception areas approved pursuant 8 to s. 163.3180(5), or regional activity centers and urban 9 central business districts approved pursuant to s. 10 380.06(2)(e); however, amendments under this paragraph may be 11 applied to no more than 60 acres annually of property outside 12 the designated areas listed in this sub-sub-subparagraph. 13 Amendments adopted pursuant to paragraph (k) shall not be 14 counted toward the acreage limitations for small scale 15 amendments under this paragraph. 16 (II) A maximum of 80 acres in a local government that 17 does not contain any of the designated areas set forth in 18 sub-sub-subparagraph (I). 19 (III) A maximum of 120 acres in a county established 20 pursuant to s. 9, Art. VIII of the State Constitution. 21 b. The proposed amendment does not involve the same 22 property granted a change within the prior 12 months. 23 c. The proposed amendment does not involve the same 24 owner's property within 200 feet of property granted a change 25 within the prior 12 months. 26 d. The proposed amendment does not involve a text 27 change to the goals, policies, and objectives of the local 28 government's comprehensive plan, but only proposes a land use 29 change to the future land use map for a site-specific small 30 scale development activity. 31 e. The property that is the subject of the proposed 60 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 amendment is not located within an area of critical state 2 concern, unless the project subject to the proposed amendment 3 involves the construction of affordable housing units meeting 4 the criteria of s. 420.0004(3), and is located within an area 5 of critical state concern designated by s. 380.0552 or by the 6 Administration Commission pursuant to s. 380.05(1). Such 7 amendment is not subject to the density limitations of 8 sub-subparagraph f., and shall be reviewed by the state land 9 planning agency for consistency with the principles for 10 guiding development applicable to the area of critical state 11 concern where the amendment is located and shall not become 12 effective until a final order is issued under s. 380.05(6). 13 f. If the proposed amendment involves a residential 14 land use, the residential land use has a density of 10 units 15 or less per acre or the proposed future land use category 16 allows a maximum residential density of the same or less than 17 the maximum residential density allowable under the existing 18 future land use category, except that this limitation does not 19 apply to small scale amendments involving the construction of 20 affordable housing units meeting the criteria of s. 21 420.0004(3) on property which will be the subject of a land 22 use restriction agreement or extended use agreement recorded 23 in conjunction with the issuance of tax exempt bond financing 24 or an allocation of federal tax credits issued through the 25 Florida Housing Finance Corporation or a local housing finance 26 authority authorized by the Division of Bond Finance of the 27 State Board of Administration, or small scale amendments 28 described in sub-sub-subparagraph a.(I) that are designated in 29 the local comprehensive plan for urban infill, urban 30 redevelopment, or downtown revitalization as defined in s. 31 163.3164, urban infill and redevelopment areas designated 61 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 under s. 163.2517, transportation concurrency exception areas 2 approved pursuant to s. 163.3180(5), or regional activity 3 centers and urban central business districts approved pursuant 4 to s. 380.06(2)(e). 5 2.a. A local government that proposes to consider a 6 plan amendment pursuant to this paragraph is not required to 7 comply with the procedures and public notice requirements of 8 s. 163.3184(15)(c) for such plan amendments if the local 9 government complies with the provisions in s. 125.66(4)(a) for 10 a county or in s. 166.041(3)(c) for a municipality. If a 11 request for a plan amendment under this paragraph is initiated 12 by other than the local government, public notice is required. 13 b. The local government shall send copies of the 14 notice and amendment to the state land planning agency, the 15 regional planning council, and any other person or entity 16 requesting a copy. This information shall also include a 17 statement identifying any property subject to the amendment 18 that is located within a coastal high hazard area as 19 identified in the local comprehensive plan. 20 3. Small scale development amendments adopted pursuant 21 to this paragraph require only one public hearing before the 22 governing board, which shall be an adoption hearing as 23 described in s. 163.3184(7), and are not subject to the 24 requirements of s. 163.3184(3)-(6) unless the local government 25 elects to have them subject to those requirements. 26 4. If the small scale development amendment involves a 27 site within an area that is designated by the Governor as a 28 rural area of critical economic concern under s. 288.0656(7) 29 for the duration of such designation, the 10-acre limit listed 30 in subparagraph 1. shall be increased by 100 percent to 20 31 acres. The local government approving the small scale plan 62 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 amendment shall certify to the Office of Tourism, Trade, and 2 Economic Development that the plan amendment furthers the 3 economic objectives set forth in the executive order issued 4 under s. 288.0656(7), and the property subject to the plan 5 amendment shall undergo public review to ensure that all 6 concurrency requirements and federal, state, and local 7 environmental permit requirements are met. 8 (d) Any comprehensive plan amendment required by a 9 compliance agreement pursuant to s. 163.3184(16) may be 10 approved without regard to statutory limits on the frequency 11 of adoption of amendments to the comprehensive plan. 12 (e) A comprehensive plan amendment for location of a 13 state correctional facility. Such an amendment may be made at 14 any time and does not count toward the limitation on the 15 frequency of plan amendments. 16 (f) Any comprehensive plan amendment that changes the 17 schedule in the capital improvements element, and any 18 amendments directly related to the schedule, may be made once 19 in a calendar year on a date different from the two times 20 provided in this subsection when necessary to coincide with 21 the adoption of the local government's budget and capital 22 improvements program. 23 (g) Any local government comprehensive plan amendments 24 directly related to proposed redevelopment of brownfield areas 25 designated under s. 376.80 may be approved without regard to 26 statutory limits on the frequency of consideration of 27 amendments to the local comprehensive plan. 28 (h) Any comprehensive plan amendments for port 29 transportation facilities and projects that are eligible for 30 funding by the Florida Seaport Transportation and Economic 31 Development Council pursuant to s. 311.07. 63 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (i) A comprehensive plan amendment for the purpose of 2 designating an urban infill and redevelopment area under s. 3 163.2517 may be approved without regard to the statutory 4 limits on the frequency of amendments to the comprehensive 5 plan. 6 (j) Any comprehensive plan amendment to establish 7 public school concurrency pursuant to s. 163.3180(13), 8 including, but not limited to, adoption of a public school 9 facilities element and adoption of amendments to the capital 10 improvements element and intergovernmental coordination 11 element. In order to ensure the consistency of local 12 government public school facilities elements within a county, 13 such elements shall be prepared and adopted on a similar time 14 schedule. 15 (k) A local comprehensive plan amendment directly 16 related to providing transportation improvements to enhance 17 life safety on Controlled Access Major Arterial Highways 18 identified in the Florida Intrastate Highway System, in 19 counties as defined in s. 125.011, where such roadways have a 20 high incidence of traffic accidents resulting in serious 21 injury or death. Any such amendment shall not include any 22 amendment modifying the designation on a comprehensive 23 development plan land use map nor any amendment modifying the 24 allowable densities or intensities of any land. 25 (l) A comprehensive plan amendment to adopt a public 26 educational facilities element pursuant to s. 163.31776 and 27 future land-use-map amendments for school siting may be 28 approved notwithstanding statutory limits on the frequency of 29 adopting plan amendments. 30 (m) A comprehensive plan amendment that addresses 31 criteria or compatibility of land uses adjacent to or in close 64 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 proximity to military installations in a local government's 2 future land use element does not count toward the limitation 3 on the frequency of the plan amendments. 4 (n) Any local government comprehensive plan amendment 5 establishing or implementing a rural land stewardship area 6 pursuant to the provisions of s. 163.3177(11)(d). 7 (o) A comprehensive plan amendment that is submitted 8 by an area designated by the Governor as a rural area of 9 critical economic concern under s. 288.0656(7) and that meets 10 the economic development objectives may be approved without 11 regard to the statutory limits on the frequency of adoption of 12 amendments to the comprehensive plan. 13 Section 8. Subsections (2) and (10) of section 14 163.3191, Florida Statutes, are amended to read: 15 163.3191 Evaluation and appraisal of comprehensive 16 plan.-- 17 (2) The report shall present an evaluation and 18 assessment of the comprehensive plan and shall contain 19 appropriate statements to update the comprehensive plan, 20 including, but not limited to, words, maps, illustrations, or 21 other media, related to: 22 (a) Population growth and changes in land area, 23 including annexation, since the adoption of the original plan 24 or the most recent update amendments. 25 (b) The extent of vacant and developable land. 26 (c) The financial feasibility of implementing the 27 comprehensive plan and of providing needed infrastructure to 28 achieve and maintain adopted level-of-service standards and 29 sustain concurrency management systems through the capital 30 improvements element, as well as the ability to address 31 infrastructure backlogs and meet the demands of growth on 65 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 public services and facilities. 2 (d) The location of existing development in relation 3 to the location of development as anticipated in the original 4 plan, or in the plan as amended by the most recent evaluation 5 and appraisal report update amendments, such as within areas 6 designated for urban growth. 7 (e) An identification of the major issues for the 8 jurisdiction and, where pertinent, the potential social, 9 economic, and environmental impacts. 10 (f) Relevant changes to the state comprehensive plan, 11 the requirements of this part, the minimum criteria contained 12 in chapter 9J-5, Florida Administrative Code, and the 13 appropriate strategic regional policy plan since the adoption 14 of the original plan or the most recent evaluation and 15 appraisal report update amendments. 16 (g) An assessment of whether the plan objectives 17 within each element, as they relate to major issues, have been 18 achieved. The report shall include, as appropriate, an 19 identification as to whether unforeseen or unanticipated 20 changes in circumstances have resulted in problems or 21 opportunities with respect to major issues identified in each 22 element and the social, economic, and environmental impacts of 23 the issue. 24 (h) A brief assessment of successes and shortcomings 25 related to each element of the plan. 26 (i) The identification of any actions or corrective 27 measures, including whether plan amendments are anticipated to 28 address the major issues identified and analyzed in the 29 report. Such identification shall include, as appropriate, 30 new population projections, new revised planning timeframes, a 31 revised future conditions map or map series, an updated 66 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 capital improvements element, and any new and revised goals, 2 objectives, and policies for major issues identified within 3 each element. This paragraph shall not require the submittal 4 of the plan amendments with the evaluation and appraisal 5 report. 6 (j) A summary of the public participation program and 7 activities undertaken by the local government in preparing the 8 report. 9 (k) The coordination of the comprehensive plan with 10 existing public schools and those identified in the applicable 11 educational facilities plan adopted pursuant to s. 1013.35. 12 The assessment shall address, where relevant, the success or 13 failure of the coordination of the future land use map and 14 associated planned residential development with public schools 15 and their capacities, as well as the joint decisionmaking 16 processes engaged in by the local government and the school 17 board in regard to establishing appropriate population 18 projections and the planning and siting of public school 19 facilities. For those counties or municipalities that do not 20 have a public schools interlocal agreement or public school 21 facility element, the assessment shall determine whether the 22 local government continues to meet the criteria of s. 23 163.3177(12). If the county or municipality determines that it 24 no longer meets the criteria, it must adopt appropriate school 25 concurrency goals, objectives, and policies in its plan 26 amendments pursuant to the requirements of the public school 27 facility element, and enter into the existing interlocal 28 agreement required by ss. 163.3177(6)(h)2. and 163.31777 in 29 order to fully participate in the school concurrency system. 30 If the issues are not relevant, the local government shall 31 demonstrate that they are not relevant. 67 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (l) The extent to which the local government has been 2 successful in identifying alternative water supply projects 3 and traditional water supply projects, including conservation 4 and reuse, necessary to meet the water needs identified in s. 5 373.0361(2)(a) within the local government's jurisdiction. The 6 report must evaluate the degree to which the local government 7 has implemented the work plan for building public, private, 8 and regional water supply facilities, including development of 9 alternative water supplies, The evaluation must consider the 10 appropriate water management district's regional water supply 11 plan approved pursuant to s. 373.0361. The potable water 12 element must be revised to include a work plan, covering at 13 least a 10-year planning period, for building any water supply 14 facilities that are identified in the element as necessary to 15 serve existing and new development and for which the local 16 government is responsible. 17 (m) If any of the jurisdiction of the local government 18 is located within the coastal high-hazard area, an evaluation 19 of whether any past reduction in land use density impairs the 20 property rights of current residents when redevelopment 21 occurs, including, but not limited to, redevelopment following 22 a natural disaster. The property rights of current residents 23 shall be balanced with public safety considerations. The local 24 government must identify strategies to address redevelopment 25 feasibility and the property rights of affected residents. 26 These strategies may include the authorization of 27 redevelopment up to the actual built density in existence on 28 the property prior to the natural disaster or redevelopment. 29 (n) An assessment of whether the criteria adopted 30 pursuant to s. 163.3177(6)(a) were successful in achieving 31 compatibility with military installations. 68 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (o) The extent to which a concurrency exception area 2 designated pursuant to s. 163.3180(5), a concurrency 3 management area designated pursuant to s. 163.3180(7), or a 4 multimodal transportation district designated pursuant to s. 5 163.3180(15) has achieved the purpose for which it was created 6 and otherwise complies with the provisions of s. 163.3180. 7 (p) An assessment of the extent to which changes are 8 needed to develop a common methodology for measuring impacts 9 on transportation facilities for the purpose of implementing 10 its concurrency management system in coordination with the 11 municipalities and counties, as appropriate pursuant to s. 12 163.3180(10). 13 (10) The governing body shall amend its comprehensive 14 plan based on the recommendations in the report and shall 15 update the comprehensive plan based on the components of 16 subsection (2), pursuant to the provisions of ss. 163.3184, 17 163.3187, and 163.3189. Amendments to update a comprehensive 18 plan based on the evaluation and appraisal report shall be 19 adopted during a single amendment cycle within 18 months after 20 the report is determined to be sufficient by the state land 21 planning agency, except the state land planning agency may 22 grant an extension for adoption of a portion of such 23 amendments. The state land planning agency may grant a 24 6-month extension for the adoption of such amendments if the 25 request is justified by good and sufficient cause as 26 determined by the agency. An additional extension may also be 27 granted if the request will result in greater coordination 28 between transportation and land use, for the purposes of 29 improving Florida's transportation system, as determined by 30 the agency in coordination with the Metropolitan Planning 31 Organization program. Beginning July 1, 2006, failure to 69 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 timely adopt and transmit update amendments to the 2 comprehensive plan based on the evaluation and appraisal 3 report shall result in a local government being prohibited 4 from adopting amendments to the comprehensive plan until the 5 evaluation and appraisal report update amendments have been 6 adopted and transmitted to the state land planning agency. The 7 prohibition on plan amendments shall commence when the update 8 amendments to the comprehensive plan are past due. The 9 comprehensive plan as amended shall be in compliance as 10 defined in s. 163.3184(1)(b). Within 6 months after the 11 effective date of the update amendments to the comprehensive 12 plan, the local government shall provide to the state land 13 planning agency and to all agencies designated by rule a 14 complete copy of the updated comprehensive plan. 15 Section 9. Paragraph (b) of subsection (4) of section 16 339.135, Florida Statutes, is amended to read: 17 339.135 Work program; legislative budget request; 18 definitions; preparation, adoption, execution, and 19 amendment.-- 20 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-- 21 (b)1. A tentative work program, including the ensuing 22 fiscal year and the successive 4 fiscal years, shall be 23 prepared for the State Transportation Trust Fund and other 24 funds managed by the department, unless otherwise provided by 25 law. The tentative work program shall be based on the 26 district work programs and shall set forth all projects by 27 phase to be undertaken during the ensuing fiscal year and 28 planned for the successive 4 fiscal years. The total amount of 29 the liabilities accruing in each fiscal year of the tentative 30 work program may not exceed the revenues available for 31 expenditure during the respective fiscal year based on the 70 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 cash forecast for that respective fiscal year. 2 2. The tentative work program shall be developed in 3 accordance with the Florida Transportation Plan required in s. 4 339.155 and must comply with the program funding levels 5 contained in the program and resource plan. 6 3. The department may include in the tentative work 7 program proposed changes to the programs contained in the 8 previous work program adopted pursuant to subsection (5); 9 however, the department shall minimize changes and adjustments 10 that affect the scheduling of project phases in the 4 common 11 fiscal years contained in the previous adopted work program 12 and the tentative work program. The department, in the 13 development of the tentative work program, shall advance by 1 14 fiscal year all projects included in the second year of the 15 previous year's adopted work program, unless the secretary 16 specifically determines that it is necessary, for specific 17 reasons, to reschedule or delete one or more projects from 18 that year. Such changes and adjustments shall be clearly 19 identified, and the effect on the 4 common fiscal years 20 contained in the previous adopted work program and the 21 tentative work program shall be shown. It is the intent of 22 the Legislature that the first 5 years of the adopted work 23 program for facilities designated as part of the Florida 24 Intrastate Highway System and the first 3 years of the adopted 25 work program stand as the commitment of the state to undertake 26 transportation projects that local governments may rely on for 27 planning and concurrency purposes and in the development and 28 amendment of the capital improvements elements of their local 29 government comprehensive plans. 30 4. The tentative work program must include a balanced 31 36-month forecast of cash and expenditures and a 5-year 71 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 finance plan supporting the tentative work program. 2 Section 10. The Office of Program Policy Analysis and 3 Government Accountability shall perform a study on adjustments 4 to the boundaries of Florida Regional Planning Councils, 5 Florida Water Management Districts, and Department of 6 Transportation Districts. The purpose of this study is to 7 organize these regional boundaries to be more coterminous with 8 one another, creating a more unified system of regional 9 boundaries. This study must be completed by December 31, 2005, 10 and submitted to the President of the Senate, the Speaker of 11 the House of Representatives, and the Governor by January 15, 12 2006. 13 Section 11. Section 163.3247, Florida Statutes, is 14 created to read: 15 163.3247 Century Commission for a Sustainable 16 Florida.-- 17 (1) POPULAR NAME.--This section may be cited as the 18 "Century Commission for a Sustainable Florida Act." 19 (2) FINDINGS AND INTENT.--The Legislature finds and 20 declares that the population of this state is expected to more 21 than double over the next 100 years, with commensurate impacts 22 to the state's natural resources and public infrastructure. 23 Consequently, it is in the best interests of the people of the 24 state to ensure sound planning for the proper placement of 25 this growth and protection of the state's land, water, and 26 other natural resources since such resources are essential to 27 our collective quality of life and a strong economy. The 28 state's growth management system should foster economic 29 stability through regional solutions and strategies, urban 30 renewal and infill, and the continued viability of 31 agricultural economies, while allowing for rural economic 72 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 development and protecting the unique characteristics of rural 2 areas, and should reduce the complexity of the regulatory 3 process while carrying out the intent of the laws and 4 encouraging greater citizen participation. 5 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; 6 CREATION; ORGANIZATION.--The Century Commission for a 7 Sustainable Florida is created as a standing body to help the 8 citizens of this state envision and plan their collective 9 future with an eye towards both 25-year and 50-year horizons. 10 (a) The commission shall consist of fifteen members, 11 five appointed by the Governor, five appointed by the 12 President of the Senate, and five appointed by the Speaker of 13 the House of Representatives. Appointments shall be made no 14 later than October 1, 2005. The membership must represent 15 local governments, school boards, developers and homebuilders, 16 the business community, the agriculture community, the 17 environmental community, and other appropriate stakeholders. 18 One member shall be designated by the Governor as chair of the 19 commission. Any vacancy that occurs on the commission must be 20 filled in the same manner as the original appointment and 21 shall be for the unexpired term of that commission seat. 22 Members shall serve 4-year terms, except that, initially, to 23 provide for staggered terms, the Governor, the President of 24 the Senate, and the Speaker of the House of Representatives, 25 shall each appoint one member to serve a 2-year term, two 26 members to serve 3-year terms, and two members to serve 4-year 27 terms. All subsequent appointments shall be for 4-year terms. 28 An appointee may not serve more than 6 years. 29 (b) The first meeting of the commission shall be held 30 no later than December 1, 2005, and shall meet at the call of 31 the chair but not less frequently than three times per year in 73 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 different regions of the state to solicit input from the 2 public or any other individuals offering testimony relevant to 3 the issues to be considered. 4 (c) Each member of the commission is entitled to one 5 vote and actions of the commission are not binding unless 6 taken by a three-fifths vote of the members present. A 7 majority of the members is required to constitute a quorum, 8 and the affirmative vote of a quorum is required for a binding 9 vote. 10 (d) Members of the commission shall serve without 11 compensation but shall be entitled to receive per diem and 12 travel expenses in accordance with s. 112.061 while in 13 performance of their duties. 14 (4) POWERS AND DUTIES.--The commission shall: 15 (a) Annually conduct a process through which the 16 commission envisions the future for the state and then 17 develops and recommends policies, plans, action steps, or 18 strategies to assist in achieving the vision. 19 (b) Continuously review and consider statutory and 20 regulatory provisions, governmental processes, and societal 21 and economic trends in its inquiry of how state, regional, and 22 local governments and entities and citizens of this state can 23 best accommodate projected increased populations while 24 maintaining the natural, historical, cultural, and manmade 25 life qualities that best represent the state. 26 (c) Bring together people representing varied 27 interests to develop a shared image of the state and its 28 developed and natural areas. The process should involve 29 exploring the impact of the estimated population increase and 30 other emerging trends and issues; creating a vision for the 31 future; and developing a strategic action plan to achieve that 74 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 vision using 25-year and 50-year intermediate planning 2 timeframes. 3 (d) Focus on essential state interests, defined as 4 those interests that transcend local or regional boundaries 5 and are most appropriately conserved, protected, and promoted 6 at the state level. 7 (e) Serve as an objective, nonpartisan repository of 8 exemplary community-building ideas and as a source to 9 recommend strategies and practices to assist others in working 10 collaboratively to problem solve on issues relating to growth 11 management. 12 (f) Annually, beginning January 16, 2007, and every 13 year thereafter on the same date, provide to the Governor, the 14 President of the Senate, and the Speaker of the House of 15 Representatives a written report containing specific 16 recommendations for addressing growth management in the state, 17 including executive and legislative recommendations. Further, 18 the report shall contain discussions regarding the need for 19 intergovernmental cooperation and the balancing of 20 environmental protection and future development and 21 recommendations on issues, including, but not limited to, 22 recommendations regarding dedicated sources of funding for 23 sewer facilities, water supply and quality, transportation 24 facilities that are not adequately addressed by the Strategic 25 Intermodal System, and educational infrastructure to support 26 existing development and projected population growth. 27 (g) Beginning with the 2007 Regular Session of the 28 Legislature, the President of the Senate and Speaker of the 29 House of Representatives shall create a joint select 30 committee, the task of which shall be to review the findings 31 and recommendations of the Century Commission for a 75 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 Sustainable Florida for potential action. 2 (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.-- 3 (a) The Secretary of Community Affairs shall select an 4 executive director of the commission, and the executive 5 director shall serve at the pleasure of the secretary under 6 the supervision and control of the commission. 7 (b) The Department of Community Affairs shall provide 8 staff and other resources necessary to accomplish the goals of 9 the commission based upon recommendations of the Governor. 10 (c) All agencies under the control of the Governor are 11 directed, and all other agencies are requested, to render 12 assistance to, and cooperate with, the commission. 13 Section 12. Section 339.2819, Florida Statutes, is 14 created to read: 15 339.2819 Transportation Regional Incentive Program.-- 16 (1) There is created within the Department of 17 Transportation a Transportation Regional Incentive Program for 18 the purpose of providing funds to improve regionally 19 significant transportation facilities in regional 20 transportation areas created pursuant to s. 339.155(5). 21 (2) The percentage of matching funds provided from the 22 Transportation Regional Incentive Program shall be 50 percent 23 of project costs, or up to 50 percent of the nonfederal share 24 of the eligible project cost for a public transportation 25 facility project. 26 (3) The department shall allocate funding available 27 for the Transportation Regional Incentive Program to the 28 districts based on a factor derived from equal parts of 29 population and motor fuel collections for eligible counties in 30 regional transportation areas created pursuant to s. 31 339.155(5). 76 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (4)(a) Projects to be funded with Transportation 2 Regional Incentive Program funds shall, at a minimum: 3 1. Support those transportation facilities that serve 4 national, statewide, or regional functions and function as an 5 integrated regional transportation system. 6 2. Be identified in the capital improvements element 7 of a comprehensive plan that has been determined to be in 8 compliance with part II of chapter 163, after July 1, 2005, or 9 to implement a long-term concurrency management system adopted 10 by a local government in accordance with s. 163.3177(9). 11 Further, the project shall be in compliance with local 12 government comprehensive plan policies relative to corridor 13 management. 14 3. Be consistent with the Strategic Intermodal System 15 Plan developed under s. 339.64. 16 4. Have a commitment for local, regional, or private 17 financial matching funds as a percentage of the overall 18 project cost. 19 (b) In allocating Transportation Regional Incentive 20 Program funds, priority shall be given to projects that: 21 1. Provide connectivity to the Strategic Intermodal 22 System developed under s. 339.64. 23 2. Support economic development and the movement of 24 goods in rural areas of critical economic concern designated 25 under s. 288.0656(7). 26 3. Are subject to a local ordinance that establishes 27 corridor management techniques, including access management 28 strategies, right-of-way acquisition and protection measures, 29 appropriate land use strategies, zoning, and setback 30 requirements for adjacent land uses. 31 4. Improve connectivity between military installations 77 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 and the Strategic Highway Network or the Strategic Rail 2 Corridor Network. 3 (5) Funds paid into the State Transportation Trust 4 Fund pursuant to s. 201.15(1)(d) for the purposes of the 5 Transportation Regional Incentive Program are hereby annually 6 appropriated for expenditure to support that program. 7 Section 13. Section 337.107, Florida Statutes, is 8 amended to read: 9 337.107 Contracts for right-of-way services.--The 10 department may enter into contracts pursuant to s. 287.055 for 11 right-of-way services on transportation corridors and 12 transportation facilities, or the department may include 13 right-of-way services as part of design-build contracts 14 awarded under s. 337.11. Right-of-way services include 15 negotiation and acquisition services, appraisal services, 16 demolition and removal of improvements, and asbestos-abatement 17 services. 18 Section 14. Effective July 1, 2007, section 337.107, 19 Florida Statutes, as amended by this act is amended to read: 20 337.107 Contracts for right-of-way services.--The 21 department may enter into contracts pursuant to s. 287.055 for 22 right-of-way services on transportation corridors and 23 transportation facilities, or the department may include 24 right-of-way services as part of design-build contracts 25 awarded under s. 337.11. Right-of-way services include 26 negotiation and acquisition services, appraisal services, 27 demolition and removal of improvements, and asbestos-abatement 28 services. 29 Section 15. Paragraph (a) of subsection (7) of section 30 337.11, Florida Statutes, is amended to read: 31 337.11 Contracting authority of department; bids; 78 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 emergency repairs, supplemental agreements, and change orders; 2 combined design and construction contracts; progress payments; 3 records; requirements of vehicle registration.-- 4 (7)(a) If the head of the department determines that 5 it is in the best interests of the public, the department may 6 combine the right-of-way services and design and construction 7 phases of any a building, a major bridge, a limited access 8 facility, or a rail corridor project into a single contract, 9 except for a resurfacing or minor bridge project, the 10 right-of-way services and design and construction phases of 11 which may be combined under s. 337.025. Such contract is 12 referred to as a design-build contract. Design-build contracts 13 may be advertised and awarded notwithstanding the requirements 14 of paragraph (3)(c). However, construction activities may not 15 begin on any portion of such projects until title to the 16 necessary rights-of-way and easements for the construction of 17 that portion of the project has vested in the state or a local 18 governmental entity and all railroad crossing and utility 19 agreements have been executed. Title to rights-of-way vests in 20 the state when the title has been dedicated to the public or 21 acquired by prescription. 22 Section 16. Effective July 1, 2007, paragraph (a) of 23 subsection (7) of section 337.11, Florida Statutes, as amended 24 by this act, is amended to read: 25 337.11 Contracting authority of department; bids; 26 emergency repairs, supplemental agreements, and change orders; 27 combined design and construction contracts; progress payments; 28 records; requirements of vehicle registration.-- 29 (7)(a) If the head of the department determines that 30 it is in the best interests of the public, the department may 31 combine the right-of-way services and design and construction 79 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 phases of a building, a major bridge, a limited access 2 facility, or a rail corridor any project into a single 3 contract, except for a resurfacing or minor bridge project, 4 the right-of-way services and design and construction phase of 5 which may be combined under s. 337.025. Such contract is 6 referred to as a design-build contract. Design-build contracts 7 may be advertised and awarded notwithstanding the requirements 8 of paragraph (3)(c). However, construction activities may not 9 begin on any portion of such projects for which the 10 department has not yet obtained title to the necessary 11 rights-of-way and easements for the construction of that 12 portion of the project has vested in the state or a local 13 governmental entity and all railroad crossing and utility 14 agreements have been executed. Title to rights-of-way shall be 15 deemed to have vested in the state when the title has been 16 dedicated to the public or acquired by prescription. 17 Section 17. Paragraphs (l), (m), and (n) are added to 18 subsection (24) of section 380.06, Florida Statutes, to read: 19 380.06 Developments of regional impact.-- 20 (24) STATUTORY EXEMPTIONS.-- 21 (l) Any proposed development within an urban service 22 boundary established under s. 163.3177(14) is exempt from the 23 provisions of this section if the local government having 24 jurisdiction over the area where the development is proposed 25 has adopted the urban service boundary and has entered into a 26 binding agreement with adjacent jurisdictions and the 27 Department of Transportation regarding the mitigation of 28 impacts on state and regional transportation facilities, and 29 has adopted a proportionate share methodology pursuant to s. 30 163.3180(16). 31 (m) Any proposed development within a rural land 80 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 stewardship area created under s. 163.3177(11)(d) is exempt 2 from the provisions of this section if the local government 3 that has adopted the rural land stewardship area has entered 4 into a binding agreement with jurisdictions that would be 5 impacted and the Department of Transportation regarding the 6 mitigation of impacts on state and regional transportation 7 facilities, and has adopted a proportionate share methodology 8 pursuant to s. 163.3180(16). 9 (n) Any proposed development or redevelopment within 10 an area designated as an urban infill and redevelopment area 11 under s. 163.2517 is exempt from the provisions of this 12 section if the local government has entered into a binding 13 agreement with jurisdictions that would be impacted and the 14 Department of Transportation regarding the mitigation of 15 impacts on state and regional transportation facilities, and 16 has adopted a proportionate share methodology pursuant to s. 17 163.3180(16). 18 Section 18. Subsections (3), (7), and (8) of section 19 1013.33, Florida Statutes, are amended to read: 20 1013.33 Coordination of planning with local governing 21 bodies.-- 22 (3) At a minimum, the interlocal agreement must 23 address interlocal-agreement requirements in s. 24 163.3180(13)(g), except for exempt local governments as 25 provided in s. 163.3177(12), and must address the following 26 issues: 27 (a) A process by which each local government and the 28 district school board agree and base their plans on consistent 29 projections of the amount, type, and distribution of 30 population growth and student enrollment. The geographic 31 distribution of jurisdiction-wide growth forecasts is a major 81 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 objective of the process. 2 (b) A process to coordinate and share information 3 relating to existing and planned public school facilities, 4 including school renovations and closures, and local 5 government plans for development and redevelopment. 6 (c) Participation by affected local governments with 7 the district school board in the process of evaluating 8 potential school closures, significant renovations to existing 9 schools, and new school site selection before land 10 acquisition. Local governments shall advise the district 11 school board as to the consistency of the proposed closure, 12 renovation, or new site with the local comprehensive plan, 13 including appropriate circumstances and criteria under which a 14 district school board may request an amendment to the 15 comprehensive plan for school siting. 16 (d) A process for determining the need for and timing 17 of onsite and offsite improvements to support new 18 construction, proposed expansion, or redevelopment of existing 19 schools. The process shall address identification of the party 20 or parties responsible for the improvements. 21 (e) A process for the school board to inform the local 22 government regarding the effect of comprehensive plan 23 amendments on school capacity. The capacity reporting must be 24 consistent with laws and rules regarding measurement of school 25 facility capacity and must also identify how the district 26 school board will meet the public school demand based on the 27 facilities work program adopted pursuant to s. 1013.35. 28 (f) Participation of the local governments in the 29 preparation of the annual update to the school board's 5-year 30 district facilities work program and educational plant survey 31 prepared pursuant to s. 1013.35. 82 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (g) A process for determining where and how joint use 2 of either school board or local government facilities can be 3 shared for mutual benefit and efficiency. 4 (h) A procedure for the resolution of disputes between 5 the district school board and local governments, which may 6 include the dispute resolution processes contained in chapters 7 164 and 186. 8 (i) An oversight process, including an opportunity for 9 public participation, for the implementation of the interlocal 10 agreement. 11 12 A signatory to the interlocal agreement may elect not to 13 include a provision meeting the requirements of paragraph (e); 14 however, such a decision may be made only after a public 15 hearing on such election, which may include the public hearing 16 in which a district school board or a local government adopts 17 the interlocal agreement. An interlocal agreement entered into 18 pursuant to this section must be consistent with the adopted 19 comprehensive plan and land development regulations of any 20 local government that is a signatory. 21 (7) Except as provided in subsection (8), 22 municipalities meeting the exemption criteria in s. 23 163.3177(12) having no established need for a new facility and 24 meeting the following criteria are exempt from the 25 requirements of subsections (2), (3), and (4).: 26 (a) The municipality has no public schools located 27 within its boundaries. 28 (b) The district school board's 5-year facilities work 29 program and the long-term 10-year and 20-year work programs, 30 as provided in s. 1013.35, demonstrate that no new school 31 facility is needed in the municipality. In addition, the 83 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 district school board must verify in writing that no new 2 school facility will be needed in the municipality within the 3 5-year and 10-year timeframes. 4 (8) At the time of the evaluation and appraisal 5 report, each exempt municipality shall assess the extent to 6 which it continues to meet the criteria for exemption under s. 7 163.3177(12) subsection (7). If the municipality continues to 8 meet these criteria and the district school board verifies in 9 writing that no new school facilities will be needed within 10 the 5-year and 10-year timeframes, the municipality shall 11 continue to be exempt from the interlocal-agreement 12 requirement. Each municipality exempt under s. 163.3177(12) 13 subsection (7) must comply with the provisions of subsections 14 (2)-(8) within 1 year after the district school board 15 proposes, in its 5-year district facilities work program, a 16 new school within the municipality's jurisdiction. 17 Section 19. Subsection (2) of section 206.46, Florida 18 Statutes, is amended to read: 19 206.46 State Transportation Trust Fund.-- 20 (2) Notwithstanding any other provisions of law, from 21 the revenues deposited into the State Transportation Trust 22 Fund a maximum of 7 percent in each fiscal year shall be 23 transferred into the Right-of-Way Acquisition and Bridge 24 Construction Trust Fund created in s. 215.605, as needed to 25 meet the requirements of the documents authorizing the bonds 26 issued or proposed to be issued under ss. 215.605 and 337.276 27 or at a minimum amount sufficient to pay for the debt service 28 coverage requirements of outstanding bonds. Notwithstanding 29 the 7 percent annual transfer authorized in this subsection, 30 the annual amount transferred under this subsection shall not 31 exceed an amount necessary to provide the required debt 84 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 service coverage levels for a maximum debt service not to 2 exceed $275 $200 million. Such transfer shall be payable 3 primarily from the motor and diesel fuel taxes transferred to 4 the State Transportation Trust Fund from the Fuel Tax 5 Collection Trust Fund. 6 Section 20. Subsection (1) of section 339.08, Florida 7 Statutes, is amended to read: 8 339.08 Use of moneys in State Transportation Trust 9 Fund.-- 10 (1) The department shall expend moneys in the State 11 Transportation Trust Fund accruing to the department, in 12 accordance with its annual budget. The use of such moneys 13 shall be restricted to the following purposes: 14 (a) To pay administrative expenses of the department, 15 including administrative expenses incurred by the several 16 state transportation districts, but excluding administrative 17 expenses of commuter rail authorities that do not operate rail 18 service. 19 (b) To pay the cost of construction of the State 20 Highway System. 21 (c) To pay the cost of maintaining the State Highway 22 System. 23 (d) To pay the cost of public transportation projects 24 in accordance with chapter 341 and ss. 332.003-332.007. 25 (e) To reimburse counties or municipalities for 26 expenditures made on projects in the State Highway System as 27 authorized by s. 339.12(4) upon legislative approval. 28 (f) To pay the cost of economic development 29 transportation projects in accordance with s. 288.063. 30 (g) To lend or pay a portion of the operating, 31 maintenance, and capital costs of a revenue-producing 85 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 transportation project that is located on the State Highway 2 System or that is demonstrated to relieve traffic congestion 3 on the State Highway System. 4 (h) To match any federal-aid funds allocated for any 5 other transportation purpose, including funds allocated to 6 projects not located in the State Highway System. 7 (i) To pay the cost of county road projects selected 8 in accordance with the Small County Road Assistance Program 9 created in s. 339.2816. 10 (j) To pay the cost of county or municipal road 11 projects selected in accordance with the County Incentive 12 Grant Program created in s. 339.2817 and the Small County 13 Outreach Program created in s. 339.2818. 14 (k) To provide loans and credit enhancements for use 15 in constructing and improving highway transportation 16 facilities selected in accordance with the state-funded 17 infrastructure bank created in s. 339.55. 18 (l) To pay the cost of projects on the Florida 19 Strategic Intermodal System created in s. 339.61. 20 (m) To pay the cost of transportation projects 21 selected in accordance with the Transportation Regional 22 Incentive Program created in s. 339.2819. 23 (n)(m) To pay other lawful expenditures of the 24 department. 25 Section 21. Paragraphs (c), (d), and (e) are added to 26 subsection (5) of section 339.155, Florida Statutes, to read: 27 339.155 Transportation planning.-- 28 (5) ADDITIONAL TRANSPORTATION PLANS.-- 29 (c) Regional transportation plans may be developed in 30 regional transportation areas in accordance with an interlocal 31 agreement entered into pursuant to s. 163.01 by two or more 86 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 contiguous metropolitan planning organizations; one or more 2 metropolitan planning organizations and one or more contiguous 3 counties, none of which is a member of a metropolitan planning 4 organization; a multicounty regional transportation authority 5 created by or pursuant to law; two or more contiguous counties 6 that are not members of a metropolitan planning organization; 7 or metropolitan planning organizations comprised of three or 8 more counties. 9 (d) The interlocal agreement must, at a minimum, 10 identify the entity that will coordinate the development of 11 the regional transportation plan; delineate the boundaries of 12 the regional transportation area; provide the duration of the 13 agreement and specify how the agreement may be terminated, 14 modified, or rescinded; describe the process by which the 15 regional transportation plan will be developed; and provide 16 how members of the entity will resolve disagreements regarding 17 interpretation of the interlocal agreement or disputes 18 relating to the development or content of the regional 19 transportation plan. Such interlocal agreement shall become 20 effective upon its recordation in the official public records 21 of each county in the regional transportation area. 22 (e) The regional transportation plan developed 23 pursuant to this section must, at a minimum, identify 24 regionally significant transportation facilities located 25 within a regional transportation area and contain a 26 prioritized list of regionally significant projects. The 27 level-of-service standards for facilities to be funded under 28 this subsection shall be adopted by the appropriate local 29 government in accordance with s. 163.3180(10). The projects 30 shall be adopted into the capital improvements schedule of the 31 local government comprehensive plan pursuant to s. 87 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 163.3177(3). 2 Section 22. Section 339.175, Florida Statutes, is 3 amended to read: 4 339.175 Metropolitan planning organization.--It is the 5 intent of the Legislature to encourage and promote the safe 6 and efficient management, operation, and development of 7 surface transportation systems that will serve the mobility 8 needs of people and freight within and through urbanized areas 9 of this state while minimizing transportation-related fuel 10 consumption and air pollution. To accomplish these objectives, 11 metropolitan planning organizations, referred to in this 12 section as M.P.O.'s, shall develop, in cooperation with the 13 state and public transit operators, transportation plans and 14 programs for metropolitan areas. The plans and programs for 15 each metropolitan area must provide for the development and 16 integrated management and operation of transportation systems 17 and facilities, including pedestrian walkways and bicycle 18 transportation facilities that will function as an intermodal 19 transportation system for the metropolitan area, based upon 20 the prevailing principles provided in s. 334.046(1). The 21 process for developing such plans and programs shall provide 22 for consideration of all modes of transportation and shall be 23 continuing, cooperative, and comprehensive, to the degree 24 appropriate, based on the complexity of the transportation 25 problems to be addressed. To ensure that the process is 26 integrated with the statewide planning process, M.P.O.'s shall 27 develop plans and programs that identify transportation 28 facilities that should function as an integrated metropolitan 29 transportation system, giving emphasis to facilities that 30 serve important national, state, and regional transportation 31 functions. For the purposes of this section, those facilities 88 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 include the facilities on the Strategic Intermodal System 2 designated under s. 339.63 and facilities for which projects 3 have been identified pursuant to s. 339.2819(4). 4 (1) DESIGNATION.-- 5 (a)1. An M.P.O. shall be designated for each urbanized 6 area of the state; however, this does not require that an 7 individual M.P.O. be designated for each such area. Such 8 designation shall be accomplished by agreement between the 9 Governor and units of general-purpose local government 10 representing at least 75 percent of the population of the 11 urbanized area; however, the unit of general-purpose local 12 government that represents the central city or cities within 13 the M.P.O. jurisdiction, as defined by the United States 14 Bureau of the Census, must be a party to such agreement. 15 2. More than one M.P.O. may be designated within an 16 existing metropolitan planning area only if the Governor and 17 the existing M.P.O. determine that the size and complexity of 18 the existing metropolitan planning area makes the designation 19 of more than one M.P.O. for the area appropriate. 20 (b) Each M.P.O. shall be created and operated under 21 the provisions of this section pursuant to an interlocal 22 agreement entered into pursuant to s. 163.01. The signatories 23 to the interlocal agreement shall be the department and the 24 governmental entities designated by the Governor for 25 membership on the M.P.O. If there is a conflict between this 26 section and s. 163.01, this section prevails. 27 (c) The jurisdictional boundaries of an M.P.O. shall 28 be determined by agreement between the Governor and the 29 applicable M.P.O. The boundaries must include at least the 30 metropolitan planning area, which is the existing urbanized 31 area and the contiguous area expected to become urbanized 89 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 within a 20-year forecast period, and may encompass the entire 2 metropolitan statistical area or the consolidated metropolitan 3 statistical area. 4 (d) In the case of an urbanized area designated as a 5 nonattainment area for ozone or carbon monoxide under the 6 Clean Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of 7 the metropolitan planning area in existence as of the date of 8 enactment of this paragraph shall be retained, except that the 9 boundaries may be adjusted by agreement of the Governor and 10 affected metropolitan planning organizations in the manner 11 described in this section. If more than one M.P.O. has 12 authority within a metropolitan area or an area that is 13 designated as a nonattainment area, each M.P.O. shall consult 14 with other M.P.O.'s designated for such area and with the 15 state in the coordination of plans and programs required by 16 this section. 17 18 Each M.P.O. required under this section must be fully 19 operative no later than 6 months following its designation. 20 (2) VOTING MEMBERSHIP.-- 21 (a) The voting membership of an M.P.O. shall consist 22 of not fewer than 5 or more than 19 apportioned members, the 23 exact number to be determined on an equitable 24 geographic-population ratio basis by the Governor, based on an 25 agreement among the affected units of general-purpose local 26 government as required by federal rules and regulations. The 27 Governor, in accordance with 23 U.S.C. s. 134, may also 28 provide for M.P.O. members who represent municipalities to 29 alternate with representatives from other municipalities 30 within the metropolitan planning area that do not have members 31 on the M.P.O. County commission members shall compose not less 90 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 than one-third of the M.P.O. membership, except for an M.P.O. 2 with more than 15 members located in a county with a 3 five-member county commission or an M.P.O. with 19 members 4 located in a county with no more than 6 county commissioners, 5 in which case county commission members may compose less than 6 one-third percent of the M.P.O. membership, but all county 7 commissioners must be members. All voting members shall be 8 elected officials of general-purpose governments, except that 9 an M.P.O. may include, as part of its apportioned voting 10 members, a member of a statutorily authorized planning board, 11 an official of an agency that operates or administers a major 12 mode of transportation, or an official of the Florida Space 13 Authority. The county commission shall compose not less than 14 20 percent of the M.P.O. membership if an official of an 15 agency that operates or administers a major mode of 16 transportation has been appointed to an M.P.O. 17 (b) In metropolitan areas in which authorities or 18 other agencies have been or may be created by law to perform 19 transportation functions and are performing transportation 20 functions that are not under the jurisdiction of a general 21 purpose local government represented on the M.P.O., they shall 22 be provided voting membership on the M.P.O. In all other 23 M.P.O.'s where transportation authorities or agencies are to 24 be represented by elected officials from general purpose local 25 governments, the M.P.O. shall establish a process by which the 26 collective interests of such authorities or other agencies are 27 expressed and conveyed. 28 (c) Any other provision of this section to the 29 contrary notwithstanding, a chartered county with over 1 30 million population may elect to reapportion the membership of 31 an M.P.O. whose jurisdiction is wholly within the county. The 91 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 charter county may exercise the provisions of this paragraph 2 if: 3 1. The M.P.O. approves the reapportionment plan by a 4 three-fourths vote of its membership; 5 2. The M.P.O. and the charter county determine that 6 the reapportionment plan is needed to fulfill specific goals 7 and policies applicable to that metropolitan planning area; 8 and 9 3. The charter county determines the reapportionment 10 plan otherwise complies with all federal requirements 11 pertaining to M.P.O. membership. 12 13 Any charter county that elects to exercise the provisions of 14 this paragraph shall notify the Governor in writing. 15 (d) Any other provision of this section to the 16 contrary notwithstanding, any county chartered under s. 6(e), 17 Art. VIII of the State Constitution may elect to have its 18 county commission serve as the M.P.O., if the M.P.O. 19 jurisdiction is wholly contained within the county. Any 20 charter county that elects to exercise the provisions of this 21 paragraph shall so notify the Governor in writing. Upon 22 receipt of such notification, the Governor must designate the 23 county commission as the M.P.O. The Governor must appoint 24 four additional voting members to the M.P.O., one of whom must 25 be an elected official representing a municipality within the 26 county, one of whom must be an expressway authority member, 27 one of whom must be a person who does not hold elected public 28 office and who resides in the unincorporated portion of the 29 county, and one of whom must be a school board member. 30 (3) APPORTIONMENT.-- 31 (a) The Governor shall, with the agreement of the 92 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 affected units of general-purpose local government as required 2 by federal rules and regulations, apportion the membership on 3 the applicable M.P.O. among the various governmental entities 4 within the area and shall prescribe a method for appointing 5 alternate members who may vote at any M.P.O. meeting that an 6 alternate member attends in place of a regular member. An 7 appointed alternate member must be an elected official serving 8 the same governmental entity or a general-purpose local 9 government with jurisdiction within all or part of the area 10 that the regular member serves. The governmental entity so 11 designated shall appoint the appropriate number of members to 12 the M.P.O. from eligible officials. Representatives of the 13 department shall serve as nonvoting members of the M.P.O. 14 Nonvoting advisers may be appointed by the M.P.O. as deemed 15 necessary. The Governor shall review the composition of the 16 M.P.O. membership in conjunction with the decennial census as 17 prepared by the United States Department of Commerce, Bureau 18 of the Census, and reapportion it as necessary to comply with 19 subsection (2). 20 (b) Except for members who represent municipalities on 21 the basis of alternating with representatives from other 22 municipalities that do not have members on the M.P.O. as 23 provided in paragraph (2)(a), the members of an M.P.O. shall 24 serve 4-year terms. Members who represent municipalities on 25 the basis of alternating with representatives from other 26 municipalities that do not have members on the M.P.O. as 27 provided in paragraph (2)(a) may serve terms of up to 4 years 28 as further provided in the interlocal agreement described in 29 paragraph (1)(b). The membership of a member who is a public 30 official automatically terminates upon the member's leaving 31 his or her elective or appointive office for any reason, or 93 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 may be terminated by a majority vote of the total membership 2 of a county or city governing entity represented by the 3 member. A vacancy shall be filled by the original appointing 4 entity. A member may be reappointed for one or more 5 additional 4-year terms. 6 (c) If a governmental entity fails to fill an assigned 7 appointment to an M.P.O. within 60 days after notification by 8 the Governor of its duty to appoint, that appointment shall be 9 made by the Governor from the eligible representatives of that 10 governmental entity. 11 (4) AUTHORITY AND RESPONSIBILITY.--The authority and 12 responsibility of an M.P.O. is to manage a continuing, 13 cooperative, and comprehensive transportation planning process 14 that, based upon the prevailing principles provided in s. 15 334.046(1), results in the development of plans and programs 16 which are consistent, to the maximum extent feasible, with the 17 approved local government comprehensive plans of the units of 18 local government the boundaries of which are within the 19 metropolitan area of the M.P.O. An M.P.O. shall be the forum 20 for cooperative decisionmaking by officials of the affected 21 governmental entities in the development of the plans and 22 programs required by subsections (5), (6), (7), and (8). 23 (5) POWERS, DUTIES, AND RESPONSIBILITIES.--The powers, 24 privileges, and authority of an M.P.O. are those specified in 25 this section or incorporated in an interlocal agreement 26 authorized under s. 163.01. Each M.P.O. shall perform all 27 acts required by federal or state laws or rules, now and 28 subsequently applicable, which are necessary to qualify for 29 federal aid. It is the intent of this section that each M.P.O. 30 shall be involved in the planning and programming of 31 transportation facilities, including, but not limited to, 94 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 airports, intercity and high-speed rail lines, seaports, and 2 intermodal facilities, to the extent permitted by state or 3 federal law. 4 (a) Each M.P.O. shall, in cooperation with the 5 department, develop: 6 1. A long-range transportation plan pursuant to the 7 requirements of subsection (6); 8 2. An annually updated transportation improvement 9 program pursuant to the requirements of subsection (7); and 10 3. An annual unified planning work program pursuant to 11 the requirements of subsection (8). 12 (b) In developing the long-range transportation plan 13 and the transportation improvement program required under 14 paragraph (a), each M.P.O. shall provide for consideration of 15 projects and strategies that will: 16 1. Support the economic vitality of the metropolitan 17 area, especially by enabling global competitiveness, 18 productivity, and efficiency; 19 2. Increase the safety and security of the 20 transportation system for motorized and nonmotorized users; 21 3. Increase the accessibility and mobility options 22 available to people and for freight; 23 4. Protect and enhance the environment, promote energy 24 conservation, and improve quality of life; 25 5. Enhance the integration and connectivity of the 26 transportation system, across and between modes, for people 27 and freight; 28 6. Promote efficient system management and operation; 29 and 30 7. Emphasize the preservation of the existing 31 transportation system. 95 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (c) In order to provide recommendations to the 2 department and local governmental entities regarding 3 transportation plans and programs, each M.P.O. shall: 4 1. Prepare a congestion management system for the 5 metropolitan area and cooperate with the department in the 6 development of all other transportation management systems 7 required by state or federal law; 8 2. Assist the department in mapping transportation 9 planning boundaries required by state or federal law; 10 3. Assist the department in performing its duties 11 relating to access management, functional classification of 12 roads, and data collection; 13 4. Execute all agreements or certifications necessary 14 to comply with applicable state or federal law; 15 5. Represent all the jurisdictional areas within the 16 metropolitan area in the formulation of transportation plans 17 and programs required by this section; and 18 6. Perform all other duties required by state or 19 federal law. 20 (d) Each M.P.O. shall appoint a technical advisory 21 committee that includes planners; engineers; representatives 22 of local aviation authorities, port authorities, and public 23 transit authorities or representatives of aviation 24 departments, seaport departments, and public transit 25 departments of municipal or county governments, as applicable; 26 the school superintendent of each county within the 27 jurisdiction of the M.P.O. or the superintendent's designee; 28 and other appropriate representatives of affected local 29 governments. In addition to any other duties assigned to it by 30 the M.P.O. or by state or federal law, the technical advisory 31 committee is responsible for considering safe access to 96 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 schools in its review of transportation project priorities, 2 long-range transportation plans, and transportation 3 improvement programs, and shall advise the M.P.O. on such 4 matters. In addition, the technical advisory committee shall 5 coordinate its actions with local school boards and other 6 local programs and organizations within the metropolitan area 7 which participate in school safety activities, such as locally 8 established community traffic safety teams. Local school 9 boards must provide the appropriate M.P.O. with information 10 concerning future school sites and in the coordination of 11 transportation service. 12 (e)1. Each M.P.O. shall appoint a citizens' advisory 13 committee, the members of which serve at the pleasure of the 14 M.P.O. The membership on the citizens' advisory committee must 15 reflect a broad cross section of local residents with an 16 interest in the development of an efficient, safe, and 17 cost-effective transportation system. Minorities, the elderly, 18 and the handicapped must be adequately represented. 19 2. Notwithstanding the provisions of subparagraph 1., 20 an M.P.O. may, with the approval of the department and the 21 applicable federal governmental agency, adopt an alternative 22 program or mechanism to ensure citizen involvement in the 23 transportation planning process. 24 (f) The department shall allocate to each M.P.O., for 25 the purpose of accomplishing its transportation planning and 26 programming duties, an appropriate amount of federal 27 transportation planning funds. 28 (g) Each M.P.O. may employ personnel or may enter into 29 contracts with local or state agencies, private planning 30 firms, or private engineering firms to accomplish its 31 transportation planning and programming duties required by 97 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 state or federal law. 2 (h) A chair's coordinating committee is created, 3 composed of the M.P.O.'s serving Hernando, Hillsborough, 4 Manatee, Pasco, Pinellas, Polk, and Sarasota Counties. The 5 committee must, at a minimum: 6 1. Coordinate transportation projects deemed to be 7 regionally significant by the committee. 8 2. Review the impact of regionally significant land 9 use decisions on the region. 10 3. Review all proposed regionally significant 11 transportation projects in the respective transportation 12 improvement programs which affect more than one of the 13 M.P.O.'s represented on the committee. 14 4. Institute a conflict resolution process to address 15 any conflict that may arise in the planning and programming of 16 such regionally significant projects. 17 (i)1. The Legislature finds that the state's rapid 18 growth in recent decades has caused many urbanized areas 19 subject to M.P.O. jurisdiction to become contiguous to each 20 other. As a result, various transportation projects may cross 21 from the jurisdiction of one M.P.O. into the jurisdiction of 22 another M.P.O. To more fully accomplish the purposes for which 23 M.P.O.'s have been mandated, M.P.O.'s shall develop 24 coordination mechanisms with one another to expand and improve 25 transportation within the state. The appropriate method of 26 coordination between M.P.O.'s shall vary depending upon the 27 project involved and given local and regional needs. 28 Consequently, it is appropriate to set forth a flexible 29 methodology that can be used by M.P.O.'s to coordinate with 30 other M.P.O.'s and appropriate political subdivisions as 31 circumstances demand. 98 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 2. Any M.P.O. may join with any other M.P.O. or any 2 individual political subdivision to coordinate activities or 3 to achieve any federal or state transportation planning or 4 development goals or purposes consistent with federal or state 5 law. When an M.P.O. determines that it is appropriate to join 6 with another M.P.O. or any political subdivision to coordinate 7 activities, the M.P.O. or political subdivision shall enter 8 into an interlocal agreement pursuant to s. 163.01, which, at 9 a minimum, creates a separate legal or administrative entity 10 to coordinate the transportation planning or development 11 activities required to achieve the goal or purpose; provide 12 the purpose for which the entity is created; provide the 13 duration of the agreement and the entity, and specify how the 14 agreement may be terminated, modified, or rescinded; describe 15 the precise organization of the entity, including who has 16 voting rights on the governing board, whether alternative 17 voting members are provided for, how voting members are 18 appointed, and what the relative voting strength is for each 19 constituent M.P.O. or political subdivision; provide the 20 manner in which the parties to the agreement will provide for 21 the financial support of the entity and payment of costs and 22 expenses of the entity; provide the manner in which funds may 23 be paid to and disbursed from the entity; and provide how 24 members of the entity will resolve disagreements regarding 25 interpretation of the interlocal agreement or disputes 26 relating to the operation of the entity. Such interlocal 27 agreement shall become effective upon its recordation in the 28 official public records of each county in which a member of 29 the entity created by the interlocal agreement has a voting 30 member. This paragraph does not require any M.P.O.'s to merge, 31 combine, or otherwise join together as a single M.P.O. 99 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (6) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must 2 develop a long-range transportation plan that addresses at 3 least a 20-year planning horizon. The plan must include both 4 long-range and short-range strategies and must comply with all 5 other state and federal requirements. The prevailing 6 principles to be considered in the long-range transportation 7 plan are: preserving the existing transportation 8 infrastructure; enhancing Florida's economic competitiveness; 9 and improving travel choices to ensure mobility. The 10 long-range transportation plan must be consistent, to the 11 maximum extent feasible, with future land use elements and the 12 goals, objectives, and policies of the approved local 13 government comprehensive plans of the units of local 14 government located within the jurisdiction of the M.P.O. The 15 approved long-range transportation plan must be considered by 16 local governments in the development of the transportation 17 elements in local government comprehensive plans and any 18 amendments thereto. The long-range transportation plan must, 19 at a minimum: 20 (a) Identify transportation facilities, including, but 21 not limited to, major roadways, airports, seaports, 22 spaceports, commuter rail systems, transit systems, and 23 intermodal or multimodal terminals that will function as an 24 integrated metropolitan transportation system. The long-range 25 transportation plan must give emphasis to those transportation 26 facilities that serve national, statewide, or regional 27 functions, and must consider the goals and objectives 28 identified in the Florida Transportation Plan as provided in 29 s. 339.155. If a project is located within the boundaries of 30 more than one M.P.O., the M.P.O.'s must coordinate plans 31 regarding the project in the long-range transportation plan. 100 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (b) Include a financial plan that demonstrates how the 2 plan can be implemented, indicating resources from public and 3 private sources which are reasonably expected to be available 4 to carry out the plan, and recommends any additional financing 5 strategies for needed projects and programs. The financial 6 plan may include, for illustrative purposes, additional 7 projects that would be included in the adopted long-range 8 transportation plan if reasonable additional resources beyond 9 those identified in the financial plan were available. For the 10 purpose of developing the long-range transportation plan, the 11 M.P.O. and the department shall cooperatively develop 12 estimates of funds that will be available to support the plan 13 implementation. Innovative financing techniques may be used to 14 fund needed projects and programs. Such techniques may 15 include the assessment of tolls, the use of value capture 16 financing, or the use of value pricing. 17 (c) Assess capital investment and other measures 18 necessary to: 19 1. Ensure the preservation of the existing 20 metropolitan transportation system including requirements for 21 the operation, resurfacing, restoration, and rehabilitation of 22 major roadways and requirements for the operation, 23 maintenance, modernization, and rehabilitation of public 24 transportation facilities; and 25 2. Make the most efficient use of existing 26 transportation facilities to relieve vehicular congestion and 27 maximize the mobility of people and goods. 28 (d) Indicate, as appropriate, proposed transportation 29 enhancement activities, including, but not limited to, 30 pedestrian and bicycle facilities, scenic easements, 31 landscaping, historic preservation, mitigation of water 101 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 pollution due to highway runoff, and control of outdoor 2 advertising. 3 (e) In addition to the requirements of paragraphs 4 (a)-(d), in metropolitan areas that are classified as 5 nonattainment areas for ozone or carbon monoxide, the M.P.O. 6 must coordinate the development of the long-range 7 transportation plan with the State Implementation Plan 8 developed pursuant to the requirements of the federal Clean 9 Air Act. 10 11 In the development of its long-range transportation plan, each 12 M.P.O. must provide the public, affected public agencies, 13 representatives of transportation agency employees, freight 14 shippers, providers of freight transportation services, 15 private providers of transportation, representatives of users 16 of public transit, and other interested parties with a 17 reasonable opportunity to comment on the long-range 18 transportation plan. The long-range transportation plan must 19 be approved by the M.P.O. 20 (7) TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O. 21 shall, in cooperation with the state and affected public 22 transportation operators, develop a transportation improvement 23 program for the area within the jurisdiction of the M.P.O. In 24 the development of the transportation improvement program, 25 each M.P.O. must provide the public, affected public agencies, 26 representatives of transportation agency employees, freight 27 shippers, providers of freight transportation services, 28 private providers of transportation, representatives of users 29 of public transit, and other interested parties with a 30 reasonable opportunity to comment on the proposed 31 transportation improvement program. 102 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (a) Each M.P.O. is responsible for developing, 2 annually, a list of project priorities and a transportation 3 improvement program. The prevailing principles to be 4 considered by each M.P.O. when developing a list of project 5 priorities and a transportation improvement program are: 6 preserving the existing transportation infrastructure; 7 enhancing Florida's economic competitiveness; and improving 8 travel choices to ensure mobility. The transportation 9 improvement program will be used to initiate federally aided 10 transportation facilities and improvements as well as other 11 transportation facilities and improvements including transit, 12 rail, aviation, spaceport, and port facilities to be funded 13 from the State Transportation Trust Fund within its 14 metropolitan area in accordance with existing and subsequent 15 federal and state laws and rules and regulations related 16 thereto. The transportation improvement program shall be 17 consistent, to the maximum extent feasible, with the approved 18 local government comprehensive plans of the units of local 19 government whose boundaries are within the metropolitan area 20 of the M.P.O. and include those projects programmed pursuant 21 to s. 339.2819(4). 22 (b) Each M.P.O. annually shall prepare a list of 23 project priorities and shall submit the list to the 24 appropriate district of the department by October 1 of each 25 year; however, the department and a metropolitan planning 26 organization may, in writing, agree to vary this submittal 27 date. The list of project priorities must be formally reviewed 28 by the technical and citizens' advisory committees, and 29 approved by the M.P.O., before it is transmitted to the 30 district. The approved list of project priorities must be used 31 by the district in developing the district work program and 103 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 must be used by the M.P.O. in developing its transportation 2 improvement program. The annual list of project priorities 3 must be based upon project selection criteria that, at a 4 minimum, consider the following: 5 1. The approved M.P.O. long-range transportation plan; 6 2. The Strategic Intermodal System Plan developed 7 under s. 339.64. 8 3. The priorities developed pursuant to s. 9 339.2819(4). 10 4.3. The results of the transportation management 11 systems; and 12 5.4. The M.P.O.'s public-involvement procedures. 13 (c) The transportation improvement program must, at a 14 minimum: 15 1. Include projects and project phases to be funded 16 with state or federal funds within the time period of the 17 transportation improvement program and which are recommended 18 for advancement during the next fiscal year and 4 subsequent 19 fiscal years. Such projects and project phases must be 20 consistent, to the maximum extent feasible, with the approved 21 local government comprehensive plans of the units of local 22 government located within the jurisdiction of the M.P.O. For 23 informational purposes, the transportation improvement program 24 shall also include a list of projects to be funded from local 25 or private revenues. 26 2. Include projects within the metropolitan area which 27 are proposed for funding under 23 U.S.C. s. 134 of the Federal 28 Transit Act and which are consistent with the long-range 29 transportation plan developed under subsection (6). 30 3. Provide a financial plan that demonstrates how the 31 transportation improvement program can be implemented; 104 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 indicates the resources, both public and private, that are 2 reasonably expected to be available to accomplish the program; 3 identifies any innovative financing techniques that may be 4 used to fund needed projects and programs; and may include, 5 for illustrative purposes, additional projects that would be 6 included in the approved transportation improvement program if 7 reasonable additional resources beyond those identified in the 8 financial plan were available. Innovative financing techniques 9 may include the assessment of tolls, the use of value capture 10 financing, or the use of value pricing. The transportation 11 improvement program may include a project or project phase 12 only if full funding can reasonably be anticipated to be 13 available for the project or project phase within the time 14 period contemplated for completion of the project or project 15 phase. 16 4. Group projects and project phases of similar 17 urgency and anticipated staging into appropriate staging 18 periods. 19 5. Indicate how the transportation improvement program 20 relates to the long-range transportation plan developed under 21 subsection (6), including providing examples of specific 22 projects or project phases that further the goals and policies 23 of the long-range transportation plan. 24 6. Indicate whether any project or project phase is 25 inconsistent with an approved comprehensive plan of a unit of 26 local government located within the jurisdiction of the M.P.O. 27 If a project is inconsistent with an affected comprehensive 28 plan, the M.P.O. must provide justification for including the 29 project in the transportation improvement program. 30 7. Indicate how the improvements are consistent, to 31 the maximum extent feasible, with affected seaport, airport, 105 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 and spaceport master plans and with public transit development 2 plans of the units of local government located within the 3 jurisdiction of the M.P.O. If a project is located within the 4 boundaries of more than one M.P.O., the M.P.O.'s must 5 coordinate plans regarding the project in the transportation 6 improvement program. 7 (d) Projects included in the transportation 8 improvement program and that have advanced to the design stage 9 of preliminary engineering may be removed from or rescheduled 10 in a subsequent transportation improvement program only by the 11 joint action of the M.P.O. and the department. Except when 12 recommended in writing by the district secretary for good 13 cause, any project removed from or rescheduled in a subsequent 14 transportation improvement program shall not be rescheduled by 15 the M.P.O. in that subsequent program earlier than the 5th 16 year of such program. 17 (e) During the development of the transportation 18 improvement program, the M.P.O. shall, in cooperation with the 19 department and any affected public transit operation, provide 20 citizens, affected public agencies, representatives of 21 transportation agency employees, freight shippers, providers 22 of freight transportation services, private providers of 23 transportation, representatives of users of public transit, 24 and other interested parties with reasonable notice of and an 25 opportunity to comment on the proposed program. 26 (f) The adopted annual transportation improvement 27 program for M.P.O.'s in nonattainment or maintenance areas 28 must be submitted to the district secretary and the Department 29 of Community Affairs at least 90 days before the submission of 30 the state transportation improvement program by the department 31 to the appropriate federal agencies. The annual transportation 106 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 improvement program for M.P.O.'s in attainment areas must be 2 submitted to the district secretary and the Department of 3 Community Affairs at least 45 days before the department 4 submits the state transportation improvement program to the 5 appropriate federal agencies; however, the department, the 6 Department of Community Affairs, and a metropolitan planning 7 organization may, in writing, agree to vary this submittal 8 date. The Governor or the Governor's designee shall review 9 and approve each transportation improvement program and any 10 amendments thereto. 11 (g) The Department of Community Affairs shall review 12 the annual transportation improvement program of each M.P.O. 13 for consistency with the approved local government 14 comprehensive plans of the units of local government whose 15 boundaries are within the metropolitan area of each M.P.O. and 16 shall identify those projects that are inconsistent with such 17 comprehensive plans. The Department of Community Affairs shall 18 notify an M.P.O. of any transportation projects contained in 19 its transportation improvement program which are inconsistent 20 with the approved local government comprehensive plans of the 21 units of local government whose boundaries are within the 22 metropolitan area of the M.P.O. 23 (h) The M.P.O. shall annually publish or otherwise 24 make available for public review the annual listing of 25 projects for which federal funds have been obligated in the 26 preceding year. Project monitoring systems must be maintained 27 by those agencies responsible for obligating federal funds and 28 made accessible to the M.P.O.'s. 29 (8) UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall 30 develop, in cooperation with the department and public 31 transportation providers, a unified planning work program that 107 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 lists all planning tasks to be undertaken during the program 2 year. The unified planning work program must provide a 3 complete description of each planning task and an estimated 4 budget therefor and must comply with applicable state and 5 federal law. 6 (9) AGREEMENTS.-- 7 (a) Each M.P.O. shall execute the following written 8 agreements, which shall be reviewed, and updated as necessary, 9 every 5 years: 10 1. An agreement with the department clearly 11 establishing the cooperative relationship essential to 12 accomplish the transportation planning requirements of state 13 and federal law. 14 2. An agreement with the metropolitan and regional 15 intergovernmental coordination and review agencies serving the 16 metropolitan areas, specifying the means by which activities 17 will be coordinated and how transportation planning and 18 programming will be part of the comprehensive planned 19 development of the area. 20 3. An agreement with operators of public 21 transportation systems, including transit systems, commuter 22 rail systems, airports, seaports, and spaceports, describing 23 the means by which activities will be coordinated and 24 specifying how public transit, commuter rail, aviation, 25 seaport, and aerospace planning and programming will be part 26 of the comprehensive planned development of the metropolitan 27 area. 28 (b) An M.P.O. may execute other agreements required by 29 state or federal law or as necessary to properly accomplish 30 its functions. 31 (10) METROPOLITAN PLANNING ORGANIZATION ADVISORY 108 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 COUNCIL.-- 2 (a) A Metropolitan Planning Organization Advisory 3 Council is created to augment, and not supplant, the role of 4 the individual M.P.O.'s in the cooperative transportation 5 planning process described in this section. 6 (b) The council shall consist of one representative 7 from each M.P.O. and shall elect a chairperson annually from 8 its number. Each M.P.O. shall also elect an alternate 9 representative from each M.P.O. to vote in the absence of the 10 representative. Members of the council do not receive any 11 compensation for their services, but may be reimbursed from 12 funds made available to council members for travel and per 13 diem expenses incurred in the performance of their council 14 duties as provided in s. 112.061. 15 (c) The powers and duties of the Metropolitan Planning 16 Organization Advisory Council are to: 17 1. Enter into contracts with individuals, private 18 corporations, and public agencies. 19 2. Acquire, own, operate, maintain, sell, or lease 20 personal property essential for the conduct of business. 21 3. Accept funds, grants, assistance, gifts, or 22 bequests from private, local, state, or federal sources. 23 4. Establish bylaws and adopt rules pursuant to ss. 24 120.536(1) and 120.54 to implement provisions of law 25 conferring powers or duties upon it. 26 5. Assist M.P.O.'s in carrying out the urbanized area 27 transportation planning process by serving as the principal 28 forum for collective policy discussion pursuant to law. 29 6. Serve as a clearinghouse for review and comment by 30 M.P.O.'s on the Florida Transportation Plan and on other 31 issues required to comply with federal or state law in 109 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 carrying out the urbanized area transportation and systematic 2 planning processes instituted pursuant to s. 339.155. 3 7. Employ an executive director and such other staff 4 as necessary to perform adequately the functions of the 5 council, within budgetary limitations. The executive director 6 and staff are exempt from part II of chapter 110 and serve at 7 the direction and control of the council. The council is 8 assigned to the Office of the Secretary of the Department of 9 Transportation for fiscal and accountability purposes, but it 10 shall otherwise function independently of the control and 11 direction of the department. 12 8. Adopt an agency strategic plan that provides the 13 priority directions the agency will take to carry out its 14 mission within the context of the state comprehensive plan and 15 any other statutory mandates and directions given to the 16 agency. 17 (11) APPLICATION OF FEDERAL LAW.--Upon notification by 18 an agency of the Federal Government that any provision of this 19 section conflicts with federal laws or regulations, such 20 federal laws or regulations will take precedence to the extent 21 of the conflict until such conflict is resolved. The 22 department or an M.P.O. may take any necessary action to 23 comply with such federal laws and regulations or to continue 24 to remain eligible to receive federal funds. 25 Section 23. Section 339.55, Florida Statutes, is 26 amended to read: 27 339.55 State-funded infrastructure bank.-- 28 (1) There is created within the Department of 29 Transportation a state-funded infrastructure bank for the 30 purpose of providing loans and credit enhancements to 31 government units and private entities for use in constructing 110 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 and improving transportation facilities. 2 (2) The bank may lend capital costs or provide credit 3 enhancements for: 4 (a) A transportation facility project that is on the 5 State Highway System or that provides for increased mobility 6 on the state's transportation system or provides intermodal 7 connectivity with airports, seaports, rail facilities, and 8 other transportation terminals, pursuant to s. 341.053, for 9 the movement of people and goods. 10 (b) Projects of the Transportation Regional Incentive 11 Program which are identified pursuant to s. 339.2819(4). 12 (3) Loans from the bank may be subordinated to senior 13 project debt that has an investment grade rating of "BBB" or 14 higher. 15 (4)(3) Loans from the bank may bear interest at or 16 below market interest rates, as determined by the department. 17 Repayment of any loan from the bank shall commence not later 18 than 5 years after the project has been completed or, in the 19 case of a highway project, the facility has opened to traffic, 20 whichever is later, and shall be repaid in no more than 30 21 years. 22 (5)(4) Except as provided in s. 339.137, To be 23 eligible for consideration, projects must be consistent, to 24 the maximum extent feasible, with local metropolitan planning 25 organization plans and local government comprehensive plans 26 and must provide a dedicated repayment source to ensure the 27 loan is repaid to the bank. 28 (6) Funding awarded for projects under paragraph 29 (2)(b) must be matched by a minimum of 25 percent from funds 30 other than the state-funded infrastructure bank loan. 31 (7)(5) The department may consider, but is not limited 111 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 to, the following criteria for evaluation of projects for 2 assistance from the bank: 3 (a) The credit worthiness of the project. 4 (b) A demonstration that the project will encourage, 5 enhance, or create economic benefits. 6 (c) The likelihood that assistance would enable the 7 project to proceed at an earlier date than would otherwise be 8 possible. 9 (d) The extent to which assistance would foster 10 innovative public-private partnerships and attract private 11 debt or equity investment. 12 (e) The extent to which the project would use new 13 technologies, including intelligent transportation systems, 14 that would enhance the efficient operation of the project. 15 (f) The extent to which the project would maintain or 16 protect the environment. 17 (g) A demonstration that the project includes 18 transportation benefits for improving intermodalism, cargo and 19 freight movement, and safety. 20 (h) The amount of the proposed assistance as a 21 percentage of the overall project costs with emphasis on local 22 and private participation. 23 (i) The extent to which the project will provide for 24 connectivity between the State Highway System and airports, 25 seaports, rail facilities, and other transportation terminals 26 and intermodal options pursuant to s. 341.053 for the 27 increased accessibility and movement of people and goods. 28 (8)(6) Loan assistance provided by the bank shall be 29 included in the department's work program developed in 30 accordance with s. 339.135. 31 (9)(7) The department is authorized to adopt rules to 112 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 implement the state-funded infrastructure bank. 2 (10) Funds paid into the State Transportation Trust 3 Fund pursuant to s. 201.15(1)(d) for the purposes of the State 4 Infrastructure Bank are hereby annually appropriated for 5 expenditure to support that program. 6 Section 24. Subsection (7) is added to section 7 1013.64, Florida Statutes, to read: 8 1013.64 Funds for comprehensive educational plant 9 needs; construction cost maximums for school district capital 10 projects.--Allocations from the Public Education Capital 11 Outlay and Debt Service Trust Fund to the various boards for 12 capital outlay projects shall be determined as follows: 13 (7) Moneys distributed to the Public Education Capital 14 Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d) 15 to fund the Classrooms for Kids Program created in s. 1013.735 16 and the High Growth County District Capital Outlay Assistance 17 Grant Program created in s. 1013.738, shall be distributed as 18 provided by those sections. 19 Section 25. Paragraph (a) of subsection (2) of section 20 1013.65, Florida Statutes, is amended to read: 21 1013.65 Educational and ancillary plant construction 22 funds; Public Education Capital Outlay and Debt Service Trust 23 Fund; allocation of funds.-- 24 (2)(a) The Public Education Capital Outlay and Debt 25 Service Trust Fund shall be comprised of the following 26 sources, which are hereby appropriated to the trust fund: 27 1. Proceeds, premiums, and accrued interest from the 28 sale of public education bonds and that portion of the 29 revenues accruing from the gross receipts tax as provided by 30 s. 9(a)(2), Art. XII of the State Constitution, as amended, 31 interest on investments, and federal interest subsidies. 113 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 2. General revenue funds appropriated to the fund for 2 educational capital outlay purposes. 3 3. All capital outlay funds previously appropriated 4 and certified forward pursuant to s. 216.301. 5 4.a. Funds paid pursuant to s. 201.15(1)(d). 6 b. The sum of $41.75 million of such funds shall be 7 appropriated annually for expenditure to fund the Classrooms 8 for Kids Program created in s. 1013.735 and shall be 9 distributed as provided by that section. 10 c. Thirty million dollars of such funds are hereby 11 annually appropriated for expenditure to fund the High Growth 12 County District Capital Outlay Assistance Grant Program 13 created in s. 1013.738 and shall be distributed as provided in 14 that section. 15 Section 26. Subsection (1) of section 201.15, Florida 16 Statutes, is amended to read: 17 201.15 Distribution of taxes collected.--All taxes 18 collected under this chapter shall be distributed as follows 19 and shall be subject to the service charge imposed in s. 20 215.20(1), except that such service charge shall not be levied 21 against any portion of taxes pledged to debt service on bonds 22 to the extent that the amount of the service charge is 23 required to pay any amounts relating to the bonds: 24 (1) Sixty-two and sixty-three hundredths percent of 25 the remaining taxes collected under this chapter shall be used 26 for the following purposes: 27 (a) Amounts as shall be necessary to pay the debt 28 service on, or fund debt service reserve funds, rebate 29 obligations, or other amounts payable with respect to 30 Preservation 2000 bonds issued pursuant to s. 375.051 and 31 Florida Forever bonds issued pursuant to s. 215.618, shall be 114 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 paid into the State Treasury to the credit of the Land 2 Acquisition Trust Fund to be used for such purposes. The 3 amount transferred to the Land Acquisition Trust Fund for such 4 purposes shall not exceed $300 million in fiscal year 5 1999-2000 and thereafter for Preservation 2000 bonds and bonds 6 issued to refund Preservation 2000 bonds, and $300 million in 7 fiscal year 2000-2001 and thereafter for Florida Forever 8 bonds. The annual amount transferred to the Land Acquisition 9 Trust Fund for Florida Forever bonds shall not exceed $30 10 million in the first fiscal year in which bonds are issued. 11 The limitation on the amount transferred shall be increased by 12 an additional $30 million in each subsequent fiscal year, but 13 shall not exceed a total of $300 million in any fiscal year 14 for all bonds issued. It is the intent of the Legislature that 15 all bonds issued to fund the Florida Forever Act be retired by 16 December 31, 2030. Except for bonds issued to refund 17 previously issued bonds, no series of bonds may be issued 18 pursuant to this paragraph unless such bonds are approved and 19 the debt service for the remainder of the fiscal year in which 20 the bonds are issued is specifically appropriated in the 21 General Appropriations Act. For purposes of refunding 22 Preservation 2000 bonds, amounts designated within this 23 section for Preservation 2000 and Florida Forever bonds may be 24 transferred between the two programs to the extent provided 25 for in the documents authorizing the issuance of the bonds. 26 The Preservation 2000 bonds and Florida Forever bonds shall be 27 equally and ratably secured by moneys distributable to the 28 Land Acquisition Trust Fund pursuant to this section, except 29 to the extent specifically provided otherwise by the documents 30 authorizing the issuance of the bonds. No moneys transferred 31 to the Land Acquisition Trust Fund pursuant to this paragraph, 115 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 or earnings thereon, shall be used or made available to pay 2 debt service on the Save Our Coast revenue bonds. 3 (b) The remainder of the moneys distributed under this 4 subsection, after the required payment under paragraph (a), 5 shall be paid into the State Treasury to the credit of the 6 Save Our Everglades Trust Fund in amounts necessary to pay 7 debt service, provide reserves, and pay rebate obligations and 8 other amounts due with respect to bonds issued under s. 9 215.619. 10 (c) The remainder of the moneys distributed under this 11 subsection, after the required payments under paragraphs (a) 12 and (b), shall be paid into the State Treasury to the credit 13 of the Land Acquisition Trust Fund and may be used for any 14 purpose for which funds deposited in the Land Acquisition 15 Trust Fund may lawfully be used. Payments made under this 16 paragraph shall continue until the cumulative amount credited 17 to the Land Acquisition Trust Fund for the fiscal year under 18 this paragraph and paragraph (2)(b) equals 70 percent of the 19 current official forecast for distributions of taxes collected 20 under this chapter pursuant to subsection (2). As used in this 21 paragraph, the term "current official forecast" means the most 22 recent forecast as determined by the Revenue Estimating 23 Conference. If the current official forecast for a fiscal year 24 changes after payments under this paragraph have ended during 25 that fiscal year, no further payments are required under this 26 paragraph during the fiscal year. 27 (d) The remainder of the moneys distributed under this 28 subsection, after the required payments under paragraphs (a), 29 (b), and (c), shall be paid into the State Treasury to the 30 credit of: 31 1. The State Transportation Trust Fund in the 116 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 Department of Transportation in the amount of $541.75 million 2 in each fiscal year, to be paid in quarterly installments and 3 used for the following specified purposes notwithstanding any 4 other law to the contrary: 5 a. For the purposes of capital funding for the New 6 Starts Transit Program, authorized by Title 49, U.S.C. 5309 7 and specified in s. 341.051, 10 percent of these funds; 8 b. For the purposes of the Small County Outreach 9 Program specified in s. 339.2818, 5 percent of these funds; 10 c. For the purposes of the Strategic Intermodal System 11 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 12 percent of these funds after allocating for the New Starts 13 Transit Program described in sub-subparagraph a. and the Small 14 County Outreach Program described in sub-subparagraph b.; and 15 d. For the purposes of the Transportation Regional 16 Incentive Program specified in s. 339.2819, 25 percent of 17 these funds after allocating for the New Starts Transit 18 Program described in sub-subparagraph a. and the Small County 19 Outreach Program described in sub-subparagraph b. 20 2. The Water Protection and Sustainability Program 21 Trust Fund in the Department of Environmental Protection in 22 the amount of $100 million in each fiscal year, to be paid in 23 quarterly installments and used as required by s. 403.890. 24 3. The Public Education Capital Outlay and Debt 25 Service Trust Fund in the Department of Education in the 26 amount of $105 million in each fiscal year, to be paid in 27 monthly installments with $75 million used to fund the 28 Classrooms for Kids Program created in s. 1013.735, and $30 29 million to be used to fund the High Growth County District 30 Capital Outlay Assistance Grant Program created in s. 31 1013.738. If required, new facilities constructed under the 117 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 Classroom for Kids Program must meet the requirements of s. 2 1013.372. 3 4. The Grants and Donations Trust Fund in the 4 Department of Community Affairs in the amount of $3.25 million 5 in each fiscal year to be paid in monthly installments, with 6 $3 million to be used to fund technical assistance to local 7 governments and school boards on the requirements and 8 implementation of this act and $250,000 to be used to fund the 9 Century Commission established in s. 163.3247. 10 11 Moneys distributed pursuant to this paragraph may not be 12 pledged for debt service unless such pledge is approved by 13 referendum of the voters. 14 (e)(d) The remainder of the moneys distributed under 15 this subsection, after the required payments under paragraphs 16 (a), (b), and (c), and (d), shall be paid into the State 17 Treasury to the credit of the General Revenue Fund of the 18 state to be used and expended for the purposes for which the 19 General Revenue Fund was created and exists by law or to the 20 Ecosystem Management and Restoration Trust Fund or to the 21 Marine Resources Conservation Trust Fund as provided in 22 subsection (11). 23 Section 27. (1) The following appropriations are made 24 for the 2005-2006 fiscal year only from the General Revenue 25 Fund, from revenues deposited into the fund pursuant to 26 section 201.15(1)(e), Florida Statutes, on a nonrecurring 27 basis and in quarterly installments: 28 (a) To the State Transportation Trust Fund in the 29 Department of Transportation, $575 million. 30 (b) To the Water Protection and Sustainability Program 31 Trust Fund in the Department of Environmental Protection, $100 118 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 million or if the Water Protection and Sustainability Trust 2 Fund is not created, to the Ecosystem Management and 3 Restoration Trust Fund in the Department of Environmental 4 Protection. 5 (c) To the Public Education Capital Outlay and Debt 6 Service Trust Fund in the Department of Education, $71.65 7 million. 8 (d) To the Grants and Donations Trust Fund in the 9 Department of Community Affairs, $3.35 million. 10 (2) The following appropriations are made for the 11 2005-2006 fiscal year only on a nonrecurring basis: 12 (a) From the State Transportation Trust Fund in the 13 Department of Transportation: 14 1. Two hundred million dollars for the purposes 15 specified in sections 339.61, 339.62, 339.63, and 339.64, 16 Florida Statutes. 17 2. Two hundred seventy-five million dollars for the 18 purposes specified in section 339.2819, Florida Statutes. 19 3. One hundred million dollars for the purposes 20 specified in section 339.55, Florida Statutes. 21 4. Twenty-five million for the purposes specified in 22 section 339.2817, Florida Statutes. 23 (b) From the Water Protection and Sustainability 24 Program Trust Fund or, if that trust fund is not created, from 25 the Ecosystem Management and Restoration Trust Fund, in the 26 Department of Environmental Protection, $100 million for the 27 purposes specified in section 403.890, Florida Statutes. 28 (c) From the Public Education Capital Outlay and Debt 29 Service Trust Fund in the Department of Education, the sum of 30 $71.65 million with $41.65 million for the purpose of funding 31 the Classrooms for Kids Program created in section 1013.735, 119 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 Florida Statutes and $30 million to be used to fund the High 2 Growth County District Capital Outlay Assistance Grant Program 3 created in section 1013.738, Florida Statutes. Notwithstanding 4 the requirements of sections 1013.64 and 1013.65, Florida 5 Statutes, these moneys may not be distributed as part of the 6 comprehensive plan for the Public Education Capital Outlay and 7 Debt Service Trust Fund. If required, new facilities 8 constructed under the Classroom for Kids Program must meet the 9 requirements of section 1013.372, Florida Statutes. 10 (d) From the Grants and Donations Trust Fund in the 11 Department of Community Affairs: 12 1. Three million dollars to provide technical 13 assistance to local governments and school boards on the 14 requirements and implementation of this act. The department 15 shall provide a report to the Governor, the President of the 16 Senate, and the Speaker of the House of Representatives by 17 February 1, 2006, on the progress made toward implementing 18 this act and a recommendation on whether additional funds 19 should be appropriated to provide additional technical 20 assistance. 21 2. Two hundred and fifty thousand dollars to support 22 the Century Commission, created by section 163.3247, Florida 23 Statutes. 24 3. Fifty thousand dollars to support the School 25 Concurrency Task Force. 26 4. Fifty thousand dollars to support the Impact Fee 27 Task Force. 28 Section 28. Beginning in fiscal year 2005-2006, the 29 Department of Transportation shall allocate sufficient funds 30 to implement the provisions relating to transportation in this 31 act. The department shall amend the tentative work program for 120 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 2005-2006. Before amending the tentative work program, the 2 department shall submit a budget amendment pursuant to section 3 339.135(7), Florida Statutes. Notwithstanding the provisions 4 of section 216.301(1), Florida Statutes, the funds 5 appropriated from general revenue to the State Transportation 6 Trust Fund in this act shall not revert at the end of fiscal 7 year 2005-2006. 8 Section 29. The Legislature finds that planning for 9 and adequately funding infrastructure is critically important 10 for the safety and welfare of the residents of Florida. 11 Therefore, the Legislature finds that the provisions of this 12 act fulfill an important state interest. 13 Section 30. School Concurrency Task Force.-- 14 (1) The School Concurrency Task Force is created to 15 review the requirements for school concurrency in law and make 16 recommendations regarding streamlining the process and 17 procedures for establishing school concurrency. The task force 18 shall also examine the methodology and processes used for the 19 funding of construction of public schools and make 20 recommendations on revisions to provisions of law and rules 21 which will help ensure that schools are built and available 22 when the expected demands of growth produce the need for new 23 school facilities. 24 (2) The task force shall be composed of 11 members. 25 The membership must represent local governments, school 26 boards, developers and homebuilders, the business community, 27 the agriculture community, the environmental community, and 28 other appropriate stakeholders. The task force shall include 29 two members appointed by the Governor, two members appointed 30 by the President of the Senate, two members appointed by the 31 Speaker of the House of Representatives, one member appointed 121 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 by the Florida School Boards Association, one member appointed 2 by the Florida Association of Counties, and one member 3 appointed by the Florida League of Cities. The Secretary of 4 the Department of Community Affairs, or a senior management 5 designee, and the Commissioner of Education, or a senior 6 management designee, shall also be ex officio nonvoting 7 members on the task force. 8 (3) The task force shall report to the Governor, the 9 President of the Senate, and the Speaker of the House of 10 Representatives no later than December 1, 2005, with specific 11 recommendations for revisions to provisions of law and rules. 12 Section 31. Florida Impact Fee Review Task Force.-- 13 (1) The Legislature recognizes that impact fees have 14 been an important source of revenues to local governments to 15 fund new growth. Local governments have assumed this 16 responsibility under their constitutional home rule authority. 17 With the increased use of impact fees, questions have arisen 18 about whether their use should be regulated by law. 19 (2) Effective upon this act becoming law, the Florida 20 Impact Fee Review Task Force is created. 21 (3)(a) The task force is to be composed of 15 members, 22 who shall be appointed within 30 days after the effective date 23 of this section. 24 1. Five voting members selected by the President of 25 the Senate and five voting members selected by the Speaker of 26 the House of Representative, none of whom may be a member of 27 the Legislature at the time of the appointment, as follows: 28 one member of a county commission, one member of a city 29 commission or council, one member of a local school board, one 30 member of the development community, and one member of the 31 homebuilding community. The Governor shall appoint two 122 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 members, one of whom shall be an affordable housing advocate 2 who shall have no current or past direct relationship to local 3 government, school boards, or the development or homebuilding 4 industries. The Governor shall designate one of his or her 5 appointees as the chair. 6 2. One member of the Senate appointed by the President 7 of the Senate, and one member of the House of Representatives 8 appointed by the Speaker of the House of Representatives, who 9 shall be ex officio, nonvoting members. 10 3. The Secretary of the Department of Community 11 Affairs or his designee is to serve as an ex officio, 12 nonvoting member. 13 (4)(a) The task force shall act as an advisory body to 14 the Governor and the Legislature. 15 (b) The task force shall convene its initial meeting 16 within 60 days after the effective date of this section and 17 thereafter at the call of its chair. 18 (c) Task Force members shall not receive remuneration 19 for their services, but are entitled to reimbursement by the 20 Legislative Committee on Intergovernmental Relations for 21 travel and per diem expenses in accordance with section 22 112.061, Florida Statutes. 23 (5) The Task Force shall survey and review current use 24 of impact fees as a method of financing local infrastructure 25 to accommodate new growth and current case law controlling the 26 use of impact fees. To the extent feasible, the review is to 27 include consideration of the following: 28 (a) Local government criteria and methodology used for 29 the determination of the amount of impact fees. 30 (b) Application and relative burden of impact fees in 31 different areas of the state in relation to other methods of 123 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 financing new infrastructure. 2 (c) The range of use of impact fees as a percentage of 3 the total capital costs for infrastructure needs created by 4 new development. 5 (d) The methods used by local governments for the 6 accounting and reporting of the collection and expenditure of 7 all impact fees. 8 (e) Notice provisions prior to adoption and the 9 effective date of local ordinances creating a new impact fee 10 or increasing an existing impact fee. 11 (f) Interlocal agreements between counties and cities 12 to allocate impact fee proceeds between them. 13 (g) Requirements and options related to timing of 14 impact fees payments. 15 (h) The importance of impact fees to the ability of 16 local government to fund infrastructure needed to mitigate the 17 impacts of development and meet statutory requirements for 18 concurrency. 19 (i) Methods used by local governments to ameliorate 20 the effect of impact fee costs on affordable housing. 21 (6) The task force shall report to the Governor, the 22 President of the Senate, and the Speaker of the House of 23 Representatives by February 1, 2006. The report shall include 24 the task force's recommendations regarding: 25 (a) Whether there is a need for statutory direction on 26 the methodology and data used to calculate impact fees. 27 (b) Whether there should be statutory direction on 28 payment, exemption, or waiver of impact fees for affordable 29 housing. 30 (c) Whether there should be statutory direction on the 31 accounting and reporting of the collection and expenditure of 124 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 all impact fees. 2 (d) Whether there is a need for statutory direction on 3 the notice given in advance of the effective date of a new or 4 amended impact fee ordinance. 5 (e) Whether there is a need for statutory direction on 6 the sharing of impact fees between counties and cities. 7 (f) Whether there is a need for statutory direction on 8 the timing of payment of impact fees. 9 (g) Any other recommendation the Task Force deems 10 appropriate. 11 12 If the task force makes a recommendation for statutory 13 direction, the report shall also contain the task force's 14 recommendation for statutory changes. 15 (7) The Legislative Committee on Intergovernmental 16 Relations shall serve as staff to the task force and is 17 authorized to employ technical support and expend funds 18 appropriated to the committee for carrying out the official 19 duties of the task force. All state agencies are directed to 20 cooperate with and assist the task force to the fullest extent 21 possible. All local governments are encouraged to assist and 22 cooperate with the commission as necessary. 23 (8) Effective July 1, 2005, the sum of $50,000 is 24 appropriated, for fiscal year 2005-2006 only, from the 25 Department of Community Affairs' Grants and Donations Trust 26 Fund to the Legislative Committee on Intergovernmental 27 Relations to fund the per diem and travel expenses of the task 28 force pursuant to section 112.061, Florida Statutes. 29 Section 32. Subsection (4) of section 339.2817, 30 Florida Statutes, is amended to read: 31 339.2817 County Incentive Grant Program.-- 125 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (4) The department shall provide 50 percent of project 2 costs for eligible projects. percentage of matching funds 3 provided from the County Incentive Grant Program to the 4 eligible county will be based on the following: 5 (a) For projects on the Florida Intrastate Highway 6 System the department shall provide 60 percent of project 7 costs. 8 (b) For projects on the State Highway System the 9 department shall provide 50 percent of project costs. 10 (c) For local projects which are demonstrated to 11 relieve traffic congestion on the State Highway System the 12 department shall provide 35 percent of project costs. 13 Section 33. Subsection (6) is added to section 14 339.2818, Florida Statutes, to read: 15 339.2818 Small County Outreach Program.-- 16 (6) Funds paid into the State Transportation Trust 17 Fund pursuant to s. 201.15(1)(d) for the purposes of the Small 18 County Outreach Program are hereby annually appropriated for 19 expenditure to support the Small County Outreach Program. 20 Section 34. Subsection (6) is added to section 21 341.051, Florida Statutes, to read: 22 341.051 Administration and financing of public transit 23 and intercity bus service programs and projects.-- 24 (6) ANNUAL APPROPRIATION.--Funds paid into the State 25 Transportation Trust Fund pursuant to s. 201.15(1)(d) for the 26 New Starts Transit Program are hereby annually appropriated 27 for expenditure to support the New Starts Transit Program. 28 29 For purposes of this section, the term "net operating costs" 30 means all operating costs of a project less any federal funds, 31 fares, or other sources of income to the project. 126 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 Section 35. Subsection (3) is added to section 339.61, 2 Florida Statutes, to read: 3 339.61 Florida Strategic Intermodal System; 4 legislative findings, declaration, and intent.-- 5 (3) Funds paid into the State Transportation Trust 6 Fund pursuant to s. 201.15(1)(d) for the purposes of the 7 Florida Strategic Intermodal System are hereby annually 8 appropriated for expenditure to support that program. 9 Section 36. Section 403.891, Florida Statutes, is 10 created to read: 11 403.891 Annual appropriation from the Water Protection 12 and Sustainability Trust Fund.-- 13 (1) Funds paid into the Water Protection and 14 Sustainability Trust Fund pursuant to s. 201.15(1)(d) are 15 hereby annually appropriated for expenditure for the purposes 16 for which the Water Protection and Sustainability Trust Fund 17 is established. 18 (2) If the Water Protection and Sustainability Trust 19 Fund is not created, such funds are hereby annually 20 appropriated for expenditure from the Ecosystem Management and 21 Restoration Trust Fund solely for the purposes established in 22 s. 403.890. 23 Section 37. Section 1013.738, Florida Statutes, is 24 created to read: 25 1013.738 High Growth District District Capital Outlay 26 Assistance Grant Program.-- 27 (1) Subject to funds provided in the General 28 Appropriations Act, the High Growth District Capital Outlay 29 Assistance Grant Program is hereby established. Funds provided 30 pursuant to this section may only be used to construct new 31 student stations. 127 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 (2) In order to qualify for a grant, a school district 2 must meet the following criteria: 3 (a) The district must have levied the full 2 mills of 4 nonvoted discretionary capital outlay millage authorized in s. 5 1011.71(2), for each of the past 4 fiscal years. 6 (b) Fifty percent of the revenue derived from the 7 2-mill nonvoted discretionary capital outlay millage for the 8 past 4 fiscal years, when divided by the district's growth in 9 capital outlay FTE students over this period, produces a value 10 that is less than the average cost per student station 11 calculated pursuant to s. 1013.72(2), and weighted by 12 statewide growth in capital outlay FTE students in elementary, 13 middle, and high schools for the past 4 fiscal years. 14 (c) The district must have equaled or exceeded twice 15 the statewide average of growth in capital outlay FTE students 16 over this same 4-year period. 17 (d) The Commissioner of Education must have released 18 all funds allocated to the district from the Classrooms First 19 Program authorized in s. 1013.68, and these funds were fully 20 expended by the district as of February 1 of the current 21 fiscal year. 22 (e) The total capital outlay FTE students of the 23 district is greater than 15,000 students. 24 (3) The funds provided in the General Appropriations 25 Act shall be allocated pursuant to the following methodology: 26 (a) For each eligible district, the Department of 27 Education shall calculate the value of 50 percent of the 28 revenue derived from the 2-mill nonvoted discretionary capital 29 outlay millage for the past 4 fiscal years divided by the 30 increase in capital outlay FTE students for the same period. 31 (b) The Department of Education shall determine, for 128 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 each eligible district, the amount that must be added to the 2 value calculated pursuant to paragraph (a) to produce the 3 weighted average value per student station calculated pursuant 4 to paragraph (2)(b). 5 (c) The value calculated for each eligible district 6 pursuant to paragraph (b) shall be multiplied by the average 7 increase in capital outlay FTE students for the past 4 fiscal 8 years to determine the maximum amount of a grant that may be 9 awarded to a district pursuant to this section. 10 (d) In the event the funds provided in the General 11 Appropriations Act are insufficient to fully fund the maximum 12 grants calculated pursuant to paragraph (c), the Department of 13 Education shall allocate the funds based on each district's 14 prorated share of the total maximum award amount calculated 15 for all eligible districts. 16 (4) Moneys distributed to the Public Education Capital 17 Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d) 18 for the High Growth District Capital Outlay Assistance Grant 19 Program created in this section shall be distributed as 20 provided by this section. 21 Section 38. Subsection (3) is added to section 22 380.115, Florida Statutes, to read: 23 380.115 Vested rights and duties; effect of chs. 24 2002-20 and 2002-296.-- 25 (3) A landowner that has filed an application for a 26 development of regional impact review prior to the adoption of 27 an optional sector plan pursuant to s. 163.3245 may elect to 28 have the application reviewed pursuant to s. 380.06, 29 comprehensive plan provisions in force prior to adoption of 30 the sector plan and any requested comprehensive plan 31 amendments that accompany the application. 129 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 Section 39. Unless the developer elects otherwise in 2 writing, the provisions of this act amending chapters 163 and 3 380, Florida Statutes, shall not apply to any developments of 4 regional impact for which a development order has been issued 5 prior to the effective date of this act or for which a 6 development of regional impact application has been submitted 7 prior to May 1, 2005. 8 Section 40. From the funds paid into the Grants and 9 Donations Trust Fund of the Department of Community Affairs 10 pursuant to section 201.15(1)(d), Florida Statutes, $3 million 11 is hereby annually appropriated to provide technical 12 assistance to local governments and school boards concerning 13 the requirements and implementation of this act, and $250,000 14 is hereby annually appropriated to support the Century 15 Commission, created by section 163.3247, Florida Statutes. 16 Section 41. This act shall take effect July 1, 2005. 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 Lines 4272 through 2279 delete those lines 22 23 and insert: 24 A bill to be entitled 25 An act relating to infrastructure planning and 26 funding; amending s. 163.3164, F.S.; defining 27 the term "financial feasibility"; amending s. 28 163.3177, F.S.; revising requirements for the 29 capital improvements element of a comprehensive 30 plan; requiring a schedule of capital 31 improvements; providing a deadline for certain 130 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 amendments; providing an exception; providing 2 for sanctions; requiring incorporation of 3 selected water supply projects in the 4 comprehensive plan; authorizing planning for 5 multijurisdictional water supply facilities; 6 providing requirements for counties and 7 municipalities with respect to the public 8 school facilities element; requiring an 9 interlocal agreement; providing for a waiver 10 under certain circumstances; exempting certain 11 municipalities from such requirements; 12 requiring that the state land planning agency 13 establish a schedule for adopting and updating 14 the public school facilities element; revising 15 the requirements and criteria for establishing 16 a rural land stewardship area; revising the 17 requirements for designating a stewardship 18 receiving area to address listed species; 19 revising requirements for an ordinance adopting 20 a plan amendment to create a rural land 21 stewardship area; encouraging local governments 22 to include a community vision and an urban 23 service boundary as a component of their 24 comprehensive plans; providing an exception; 25 repealing s. 163.31776, F.S., relating to the 26 public educational facilities element; amending 27 s. 163.31777, F.S.; revising the requirements 28 for the public schools interlocal agreement to 29 conform to changes made by the act; requiring 30 the school board to provide certain information 31 to the local government; amending s. 163.3180, 131 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 F.S.; revising requirements for concurrency; 2 providing for schools to be subject to 3 concurrency requirements; requiring that an 4 adequate water supply be available for new 5 development; revising requirements for 6 transportation facilities; requiring that the 7 Department of Transportation be consulted 8 regarding certain level-of-service standards; 9 revising criteria and providing guidelines for 10 transportation concurrency exception areas; 11 requiring a local government to consider the 12 transportation level-of-service standards of 13 adjacent jurisdictions for certain roads; 14 providing a process to monitor de minimis 15 impacts; revising the requirements for a 16 long-term transportation concurrency management 17 system; providing for a long-term school 18 concurrency management system; requiring that 19 school concurrency be established on less than 20 a districtwide basis within 5 years; providing 21 certain exceptions; authorizing a local 22 government to approve a development order if 23 the developer executes a commitment to mitigate 24 the impacts on public school facilities; 25 providing for the adoption of a transportation 26 concurrency management system by ordinance; 27 providing requirements for proportionate 28 fair-share mitigation; providing an exception; 29 amending s. 163.3184, F.S.; prescribing 30 authority of local governments to adopt plan 31 amendments after adopting community vision and 132 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 an urban service boundary; providing for small 2 scale plan amendment review under certain 3 circumstances; providing exemptions; providing 4 concurrency exemption for certain DRI projects; 5 amending s. 163.3191, F.S.; providing 6 additional requirements for the evaluation and 7 assessment of the comprehensive plan for 8 counties and municipalities that do not have a 9 public schools interlocal agreement; revising 10 requirements for the evaluation and appraisal 11 report; providing time limit for amendments 12 relating to the report; amending s. 339.135, 13 F.S., relating to tentative work programs of 14 the Department of Transportation; conforming 15 provisions to changes made by the act; 16 requiring the Office of Program Policy Analysis 17 and Government Accountability to perform a 18 study of the boundaries of specified state 19 entities; requiring a report to the 20 Legislature; creating s. 163.3247, F.S.; 21 providing a popular name; providing legislative 22 findings and intent; creating the Century 23 Commission for certain purposes; providing for 24 appointment of commission members; providing 25 for terms; providing for meetings and votes of 26 members; requiring members to serve without 27 compensation; providing for per diem and travel 28 expenses; providing powers and duties of the 29 commission; requiring the creation of a joint 30 select committee of the Legislature; providing 31 purposes; requiring the Secretary of Community 133 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 Affairs to select an executive director of the 2 commission; requiring the Department of 3 Community Affairs to provide staff for the 4 commission; providing for other agency staff 5 support for the commission; creating s. 6 339.2819, F.S.; creating the Transportation 7 Regional Incentive Program within the 8 Department of Transportation; providing 9 matching funds for projects meeting certain 10 criteria; amending s. 337.107, F.S.; allowing 11 the inclusion of right-of-way services in 12 certain design-build contracts; amending s. 13 337.107, F.S., effective July 1, 2007; 14 eliminating the inclusion of right-of-way 15 services and as part of design-build contracts 16 under certain circumstances; amending s. 17 337.11, F.S.; allowing the Department of 18 Transportation to include right-of-way services 19 and design and construction into a single 20 contract; providing an exception; delaying 21 construction activities in certain 22 circumstances; amending s. 337.11, F.S., 23 effective July 1, 2007; deleting language 24 allowing right-of-way services and design and 25 construction phases to be combined for certain 26 projects; deleting an exception; amending s. 27 380.06, F.S.; providing exceptions; amending s. 28 1013.33, F.S.; conforming provisions to changes 29 made by the act; amending s. 206.46, F.S.; 30 increasing the threshold for maximum debt 31 service for transfers in the State 134 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 Transportation Trust Fund; amending s. 339.08, 2 F.S.; providing for expenditure of moneys in 3 the State Transportation Trust Fund; amending 4 s. 339.155, F.S.; providing for the development 5 of regional transportation plans in Regional 6 Transportation Areas; amending s. 339.175, 7 F.S.; making conforming changes to provisions 8 of the act; amending s. 339.55, F.S.; providing 9 for loans for certain projects from the 10 state-funded infrastructure bank within the 11 Department of Transportation; amending s. 12 1013.64, F.S.; providing for the expenditure of 13 funds in the Public Education Capital Outlay 14 and Debt Service Trust Fund; amending s. 15 1013.65, F.S.; providing funding for the 16 Classrooms for Kids Program; amending s. 17 201.15, F.S.; providing for the expenditure of 18 certain excise taxes on documents; providing 19 for appropriations for the 2005-2006 fiscal 20 year on a nonrecurring basis for certain 21 purposes; specifying the evidentiary standard a 22 local government must meet when defending a 23 challenge to an ordinance establishing an 24 impact fee; requiring the Department of 25 Transportation to amend the tentative work 26 program and budget for 2005-2006; prohibits 27 reversion of certain funds; providing a 28 declaration of important state interest; 29 creating s. 1013.789, F.S.; establishing the 30 High Growth County Construction Account 31 program; amending s. 339.2818, F.S.; providing 135 10:54 PM 05/06/05 s0360e2d-21-j03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 2nd Eng. Barcode 444308 1 for an annual appropriation from the State 2 Transportation Trust Fund for purposes of 3 funding the Small County Outreach Program; 4 amending s. 341.051, F.S.; providing for an 5 annual appropriation from the State 6 Transportation Trust Fund for purposes of 7 funding the New Starts Transit Program; 8 amending s. 339.61, F.S.; providing for 9 appropriations from the State Transportation 10 Trust Fund; creating s. 403.891, F.S.; 11 appropriating funds to the Water Protection and 12 Sustainability Trust Fund; creating s. 1013.78, 13 F.S.; creating the High Growth District Capital 14 Outlay Assistance Grant Program; providing for 15 grants to school districts meeting certain 16 criteria; Amending s. 380.115, F.S.; allowing 17 an applicant under the development-of-regional 18 impact program to proceed under that program 19 after an optional sector plan is adopted; 20 grandfathering certain developments of regional 21 impact from the provisions of this act relating 22 to chs. 163 and 380, F.S.; providing annual 23 appropriations from the Grants and Donations 24 Trust Fund for purposes of implementing the act 25 and supporting the Century Commission; 26 providing an effective date. 27 28 29 30 31 136 10:54 PM 05/06/05 s0360e2d-21-j03
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