October 22, 2020
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882799
  Amendment
Bill No. 0360
Amendment No. 882799
CHAMBER ACTION
Senate House
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1Representative(s) Johnson offered the following:
2
3     Remove everything after the enacting clause, and insert:
4     Section 1.  Subsection (32) is added to section 163.3164,
5Florida Statutes, to read:
6     163.3164  Local Government Comprehensive Planning and Land
7Development Regulation Act; definitions.--As used in this act:
8     (32)  "Financial feasibility" means that sufficient
9revenues are currently available or will be available from
10committed or planned funding sources available for financing
11capital improvements, such as ad valorem taxes, bonds, state and
12federal funds, tax revenues, impact fees, and developer
13contributions, which are adequate to fund the projected costs of
14the capital improvements and as otherwise identified within this
15act necessary to ensure that adopted level-of-service standards
16are achieved and maintained within the 5-year schedule of
17capital improvements. The requirement that level-of service
18standards be achieved and maintained shall not apply if the
19proportionate-share process set forth in ss. 163.3180(12), (16),
20and (17) is used.
21     Section 2.  Subsection (3), paragraphs (a), (c), and (h) of
22subsection (6), paragraph (d) of subsection (11), and subsection
23(12) of section 163.3177, Florida Statutes, are amended, and
24subsections (13) and (14) are added to that section, to read:
25     163.3177  Required and optional elements of comprehensive
26plan; studies and surveys.--
27     (3)(a)  The comprehensive plan shall contain a capital
28improvements element designed to consider the need for and the
29location of public facilities in order to encourage the
30efficient utilization of such facilities and set forth:
31     1.  A component which outlines principles for construction,
32extension, or increase in capacity of public facilities, as well
33as a component which outlines principles for correcting existing
34public facility deficiencies, which are necessary to implement
35the comprehensive plan.  The components shall cover at least a
365-year period.
37     2.  Estimated public facility costs, including a
38delineation of when facilities will be needed, the general
39location of the facilities, and projected revenue sources to
40fund the facilities.
41     3.  Standards to ensure the availability of public
42facilities and the adequacy of those facilities including
43acceptable levels of service.
44     4.  Standards for the management of debt.
45     5.  A schedule of capital improvements which includes
46publicly funded projects, and which may include privately funded
47projects.
48     6.  The schedule must include transportation improvements
49included in the applicable metropolitan planning organization's
50transportation improvement program adopted pursuant to s.
51339.175(7) to the extent that such improvements are relied upon
52to ensure concurrency and financial feasibility. The schedule
53must also be coordinated with the applicable metropolitan
54planning organization's long-range transportation plan adopted
55pursuant to s. 339.175(6).
56     (b)1.  The capital improvements element shall be reviewed
57on an annual basis and modified as necessary in accordance with
58s. 163.3187 or s. 163.3189 in order to maintain a financially
59feasible 5-year schedule of capital improvements., except that
60Corrections, updates, and modifications concerning costs;
61revenue sources; or acceptance of facilities pursuant to
62dedications which are consistent with the plan; or the date of
63construction of any facility enumerated in the capital
64improvements schedule element may be accomplished by ordinance
65and shall not be deemed to be amendments to the local
66comprehensive plan. A copy of the ordinance shall be transmitted
67to the state land planning agency. An amendment to the
68comprehensive plan is required to update the schedule on an
69annual basis or to eliminate, defer, or delay the construction
70for any facility listed in the 5-year schedule.  All public
71facilities shall be consistent with the capital improvements
72element. Amendments to implement this section must be adopted
73and transmitted no later than December 1, 2007. Thereafter, a
74local government may not amend its future land use map, except
75for plan amendments to meet new requirements under this part and
76emergency amendments pursuant to s. 163.3187(1)(a), after
77December 1, 2007, and every year thereafter, unless and until
78the local government has adopted the annual update and it has
79been transmitted to the state land planning agency.
80     2.  Capital improvements element amendments adopted after
81the effective date of this act shall require at least two public
82hearings before the governing board, the last of which shall be
83an adoption hearing as described in s. 163.3184(7). Such
84amendments are not subject to the requirements of s.
85163.3184(3)-(6). All public comments submitted shall be
86forwarded to the department for consideration during the
87department's review. Amendments to the 5-year schedule of
88capital improvements adopted after the effective date of this
89act shall not be subject to challenge by an affected party. If
90the department determines that an amendment pursuant to this
91subparagraph is not in compliance, the local government may
92challenge that determination pursuant to s. 163.3184(10). An
93affected party may intervene in such challenge but may not
94maintain an independent action if the local government and the
95department enter into a compliance agreement.
96     (c)  If the local government does not adopt the required
97annual update to the schedule of capital improvements or the
98annual update is found not in compliance, the state land
99planning agency must notify the Administration Commission. A
100local government that has a demonstrated lack of commitment to
101meeting its obligations identified in the capital improvement
102element may be subject to sanctions by the Administration
103Commission pursuant to s. 163.3184(11).
104     (d)  If a local government adopts a long-term concurrency
105management system pursuant to s. 163.3180(9), it must also adopt
106a long-term capital improvements schedule covering up to a 10-
107year or 15-year period, and must update the long-term schedule
108annually. The long-term schedule of capital improvements must be
109financially feasible.
110     (6)  In addition to the requirements of subsections (1)-(5)
111and (12), the comprehensive plan shall include the following
112elements:
113     (a)  A future land use plan element designating proposed
114future general distribution, location, and extent of the uses of
115land for residential uses, commercial uses, industry,
116agriculture, recreation, conservation, education, public
117buildings and grounds, other public facilities, and other
118categories of the public and private uses of land. Counties are
119encouraged to designate rural land stewardship areas, pursuant
120to the provisions of paragraph (11)(d), as overlays on the
121future land use map. Each future land use category must be
122defined in terms of uses included, and must include standards to
123be followed in the control and distribution of population
124densities and building and structure intensities. The proposed
125distribution, location, and extent of the various categories of
126land use shall be shown on a land use map or map series which
127shall be supplemented by goals, policies, and measurable
128objectives. The future land use plan shall be based upon
129surveys, studies, and data regarding the area, including the
130amount of land required to accommodate anticipated growth; the
131projected population of the area; the character of undeveloped
132land; the availability of water supplies, public facilities, and
133services; the need for redevelopment, including the renewal of
134blighted areas and the elimination of nonconforming uses which
135are inconsistent with the character of the community; the
136compatibility of uses on lands adjacent to or closely proximate
137to military installations; and, in rural communities, the need
138for job creation, capital investment, and economic development
139that will strengthen and diversify the community's economy. The
140future land use plan may designate areas for future planned
141development use involving combinations of types of uses for
142which special regulations may be necessary to ensure development
143in accord with the principles and standards of the comprehensive
144plan and this act. The future land use plan element shall
145include criteria to be used to achieve the compatibility of
146adjacent or closely proximate lands with military installations.
147In addition, for rural communities, the amount of land
148designated for future planned industrial use shall be based upon
149surveys and studies that reflect the need for job creation,
150capital investment, and the necessity to strengthen and
151diversify the local economies, and shall not be limited solely
152by the projected population of the rural community. The future
153land use plan of a county may also designate areas for possible
154future municipal incorporation. The land use maps or map series
155shall generally identify and depict historic district boundaries
156and shall designate historically significant properties meriting
157protection.  The future land use element must clearly identify
158the land use categories in which public schools are an allowable
159use.  When delineating the land use categories in which public
160schools are an allowable use, a local government shall include
161in the categories sufficient land proximate to residential
162development to meet the projected needs for schools in
163coordination with public school boards and may establish
164differing criteria for schools of different type or size.  Each
165local government shall include lands contiguous to existing
166school sites, to the maximum extent possible, within the land
167use categories in which public schools are an allowable use. All
168comprehensive plans must comply with the school siting
169requirements of this paragraph no later than October 1, 1999.
170The failure by a local government to comply with these school
171siting requirements by October 1, 1999, will result in the
172prohibition of the local government's ability to amend the local
173comprehensive plan, except for plan amendments described in s.
174163.3187(1)(b), until the school siting requirements are met.
175Amendments proposed by a local government for purposes of
176identifying the land use categories in which public schools are
177an allowable use or for adopting or amending the school-siting
178maps pursuant to s. 163.31776(3) are exempt from the limitation
179on the frequency of plan amendments contained in s. 163.3187.
180The future land use element shall include criteria that
181encourage the location of schools proximate to urban residential
182areas to the extent possible and shall require that the local
183government seek to collocate public facilities, such as parks,
184libraries, and community centers, with schools to the extent
185possible and to encourage the use of elementary schools as focal
186points for neighborhoods. For schools serving predominantly
187rural counties, defined as a county with a population of 100,000
188or fewer, an agricultural land use category shall be eligible
189for the location of public school facilities if the local
190comprehensive plan contains school siting criteria and the
191location is consistent with such criteria. Local governments
192required to update or amend their comprehensive plan to include
193criteria and address compatibility of adjacent or closely
194proximate lands with existing military installations in their
195future land use plan element shall transmit the update or
196amendment to the department by June 30, 2006.
197     (c)  A general sanitary sewer, solid waste, drainage,
198potable water, and natural groundwater aquifer recharge element
199correlated to principles and guidelines for future land use,
200indicating ways to provide for future potable water, drainage,
201sanitary sewer, solid waste, and aquifer recharge protection
202requirements for the area. The element may be a detailed
203engineering plan including a topographic map depicting areas of
204prime groundwater recharge. The element shall describe the
205problems and needs and the general facilities that will be
206required for solution of the problems and needs. The element
207shall also include a topographic map depicting any areas adopted
208by a regional water management district as prime groundwater
209recharge areas for the Floridan or Biscayne aquifers, pursuant
210to s. 373.0395. These areas shall be given special consideration
211when the local government is engaged in zoning or considering
212future land use for said designated areas. For areas served by
213septic tanks, soil surveys shall be provided which indicate the
214suitability of soils for septic tanks. Within 18 months after
215the governing board approves an updated regional water supply
216plan By December 1, 2006, the element must incorporate the
217alternative water supply project or projects selected by the
218local government from those identified in the regional water
219supply plan pursuant to s. 373.0361(2)(a) or proposed by the
220local government under s. 373.0361(7)(b) consider the
221appropriate water management district's regional water supply
222plan approved pursuant to s. 373.0361. If a local government is
223located within two water management districts, the local
224government shall adopt its comprehensive plan amendment within
22518 months after the later updated regional water supply plan.
226The element must identify such alternative water supply projects
227and traditional water supply projects and conservation and reuse
228necessary to meet the water needs identified in s.
229373.0361(2)(a) within the local government's jurisdiction and
230include a work plan, covering at least a 10-year planning
231period, for building public, private, and regional water supply
232facilities, including development of alternative water supplies,
233which that are identified in the element as necessary to serve
234existing and new development and for which the local government
235is responsible. The work plan shall be updated, at a minimum,
236every 5 years within 18 12 months after the governing board of a
237water management district approves an updated regional water
238supply plan. Amendments to incorporate the work plan do not
239count toward the limitation on the frequency of adoption of
240amendments to the comprehensive plan. Local governments, public
241and private utilities, regional water supply authorities,
242special districts, and water management districts are encouraged
243to cooperatively plan for the development of multijurisdictional
244water supply facilities that are sufficient to meet projected
245demands for established planning periods, including the
246development of alternative water sources to supplement
247traditional sources of ground and surface water supplies.
248     (h)1.  An intergovernmental coordination element showing
249relationships and stating principles and guidelines to be used
250in the accomplishment of coordination of the adopted
251comprehensive plan with the plans of school boards, regional
252water supply authorities, and other units of local government
253providing services but not having regulatory authority over the
254use of land, with the comprehensive plans of adjacent
255municipalities, the county, adjacent counties, or the region,
256with the state comprehensive plan and with the applicable
257regional water supply plan approved pursuant to s. 373.0361, as
258the case may require and as such adopted plans or plans in
259preparation may exist.  This element of the local comprehensive
260plan shall demonstrate consideration of the particular effects
261of the local plan, when adopted, upon the development of
262adjacent municipalities, the county, adjacent counties, or the
263region, or upon the state comprehensive plan, as the case may
264require.
265     a.  The intergovernmental coordination element shall
266provide for procedures to identify and implement joint planning
267areas, especially for the purpose of annexation, municipal
268incorporation, and joint infrastructure service areas.
269     b.  The intergovernmental coordination element shall
270provide for recognition of campus master plans prepared pursuant
271to s. 1013.30.
272     c.  The intergovernmental coordination element may provide
273for a voluntary dispute resolution process as established
274pursuant to s. 186.509 for bringing to closure in a timely
275manner intergovernmental disputes.  A local government may
276develop and use an alternative local dispute resolution process
277for this purpose.
278     2.  The intergovernmental coordination element shall
279further state principles and guidelines to be used in the
280accomplishment of coordination of the adopted comprehensive plan
281with the plans of school boards and other units of local
282government providing facilities and services but not having
283regulatory authority over the use of land.  In addition, the
284intergovernmental coordination element shall describe joint
285processes for collaborative planning and decisionmaking on
286population projections and public school siting, the location
287and extension of public facilities subject to concurrency, and
288siting facilities with countywide significance, including
289locally unwanted land uses whose nature and identity are
290established in an agreement. Within 1 year of adopting their
291intergovernmental coordination elements, each county, all the
292municipalities within that county, the district school board,
293and any unit of local government service providers in that
294county shall establish by interlocal or other formal agreement
295executed by all affected entities, the joint processes described
296in this subparagraph consistent with their adopted
297intergovernmental coordination elements.
298     3.  To foster coordination between special districts and
299local general-purpose governments as local general-purpose
300governments implement local comprehensive plans, each
301independent special district must submit a public facilities
302report to the appropriate local government as required by s.
303189.415.
304     4.a.  Local governments adopting a public educational
305facilities element pursuant to s. 163.31776 must execute an
306interlocal agreement with the district school board, the county,
307and nonexempt municipalities pursuant to s. 163.31777, as
308defined by s. 163.31776(1), which includes the items listed in
309s. 163.31777(2). The local government shall amend the
310intergovernmental coordination element to provide that
311coordination between the local government and school board is
312pursuant to the agreement and shall state the obligations of the
313local government under the agreement.
314     b.  Plan amendments that comply with this subparagraph are
315exempt from the provisions of s. 163.3187(1).
316     5.  The state land planning agency shall establish a
317schedule for phased completion and transmittal of plan
318amendments to implement subparagraphs 1., 2., and 3. from all
319jurisdictions so as to accomplish their adoption by December 31,
3201999.  A local government may complete and transmit its plan
321amendments to carry out these provisions prior to the scheduled
322date established by the state land planning agency.  The plan
323amendments are exempt from the provisions of s. 163.3187(1).
324     6.  By January 1, 2004, any county having a population
325greater than 100,000, and the municipalities and special
326districts within that county, shall submit a report to the
327Department of Community Affairs which:
328     a.  Identifies all existing or proposed interlocal service-
329delivery agreements regarding the following:  education;
330sanitary sewer; public safety; solid waste; drainage; potable
331water; parks and recreation; and transportation facilities.
332     b.  Identifies any deficits or duplication in the provision
333of services within its jurisdiction, whether capital or
334operational. Upon request, the Department of Community Affairs
335shall provide technical assistance to the local governments in
336identifying deficits or duplication.
337     7.  Within 6 months after submission of the report, the
338Department of Community Affairs shall, through the appropriate
339regional planning council, coordinate a meeting of all local
340governments within the regional planning area to discuss the
341reports and potential strategies to remedy any identified
342deficiencies or duplications.
343     8.  Each local government shall update its
344intergovernmental coordination element based upon the findings
345in the report submitted pursuant to subparagraph 6. The report
346may be used as supporting data and analysis for the
347intergovernmental coordination element.
348     9.  By February 1, 2003, Representatives of municipalities,
349counties, and special districts shall provide to the Legislature
350recommended statutory changes for annexation, including any
351changes that address the delivery of local government services
352in areas planned for annexation.
353     (11)
354     (d)1.  The department, in cooperation with the Department
355of Agriculture and Consumer Services, the Department of
356Environmental Protection, water management districts, and
357regional planning councils, shall provide assistance to local
358governments in the implementation of this paragraph and rule 9J-
3595.006(5)(l), Florida Administrative Code. Implementation of
360those provisions shall include a process by which the department
361may authorize local governments to designate all or portions of
362lands classified in the future land use element as predominantly
363agricultural, rural, open, open-rural, or a substantively
364equivalent land use, as a rural land stewardship area within
365which planning and economic incentives are applied to encourage
366the implementation of innovative and flexible planning and
367development strategies and creative land use planning
368techniques, including those contained herein and in rule 9J-
3695.006(5)(l), Florida Administrative Code. Assistance may
370include, but is not limited to:
371     a.  Assistance from the Department of Environmental
372Protection and water management districts in creating the
373geographic information systems land cover database and aerial
374photogrammetry needed to prepare for a rural land stewardship
375area;
376     b.  Support for local government implementation of rural
377land stewardship concepts by providing information and
378assistance to local governments regarding land acquisition
379programs that may be used by the local government or landowners
380to leverage the protection of greater acreage and maximize the
381effectiveness of rural land stewardship areas; and
382     c.  Expansion of the role of the Department of Community
383Affairs as a resource agency to facilitate establishment of
384rural land stewardship areas in smaller rural counties that do
385not have the staff or planning budgets to create a rural land
386stewardship area.
387     2.  The state land planning agency department shall
388encourage participation by local governments of different sizes
389and rural characteristics in establishing and implementing rural
390land stewardship areas. It is the intent of the Legislature that
391rural land stewardship areas be used to further the following
392broad principles of rural sustainability: restoration and
393maintenance of the economic value of rural land; control of
394urban sprawl; identification and protection of ecosystems,
395habitats, and natural resources; promotion of rural economic
396activity; maintenance of the viability of Florida's agricultural
397economy; and protection of the character of rural areas of
398Florida. Rural land stewardship areas may be multicounty in
399order to encourage coordinated regional stewardship planning.
400     3.  A local government, in conjunction with a regional
401planning council, a stakeholder organization of private land
402owners, or another local government, shall notify the department
403in writing of its intent to designate a rural land stewardship
404area. The written notification shall describe the basis for the
405designation, including the extent to which the rural land
406stewardship area enhances rural land values, controls urban
407sprawl, provides necessary open space for agriculture and
408protection of the natural environment, promotes rural economic
409activity, and maintains rural character and the economic
410viability of agriculture.
411     4.  A rural land stewardship area shall be not less than
41210,000 acres and shall be located outside of municipalities and
413established urban growth boundaries, and shall be designated by
414plan amendment. The plan amendment designating a rural land
415stewardship area shall be subject to review by the Department of
416Community Affairs pursuant to s. 163.3184 and shall provide for
417the following:
418     a.  Criteria for the designation of receiving areas within
419rural land stewardship areas in which innovative planning and
420development strategies may be applied. Criteria shall at a
421minimum provide for the following: adequacy of suitable land to
422accommodate development so as to avoid conflict with
423environmentally sensitive areas, resources, and habitats;
424compatibility between and transition from higher density uses to
425lower intensity rural uses; the establishment of receiving area
426service boundaries which provide for a separation between
427receiving areas and other land uses within the rural land
428stewardship area through limitations on the extension of
429services; and connection of receiving areas with the rest of the
430rural land stewardship area using rural design and rural road
431corridors.
432     b.  Goals, objectives, and policies setting forth the
433innovative planning and development strategies to be applied
434within rural land stewardship areas pursuant to the provisions
435of this section.
436     c.  A process for the implementation of innovative planning
437and development strategies within the rural land stewardship
438area, including those described in this subsection and rule 9J-
4395.006(5)(l), Florida Administrative Code, which provide for a
440functional mix of land uses, including adequate available work
441force housing, including low, very-low, and moderate income
442housing for the development anticipated in the receiving area
443and which are applied through the adoption by the local
444government of zoning and land development regulations applicable
445to the rural land stewardship area.
446     d.  A process which encourages visioning pursuant to s.
447163.3167(11) to ensure that innovative planning and development
448strategies comply with the provisions of this section.
449     e.  The control of sprawl through the use of innovative
450strategies and creative land use techniques consistent with the
451provisions of this subsection and rule 9J-5.006(5)(l), Florida
452Administrative Code.
453     5.  A receiving area shall be designated by the adoption of
454a land development regulation. Prior to the designation of a
455receiving area, the local government shall provide the
456Department of Community Affairs a period of 30 days in which to
457review a proposed receiving area for consistency with the rural
458land stewardship area plan amendment and to provide comments to
459the local government. At the time of designation of a
460stewardship receiving area, a listed species survey will be
461performed. If listed species occur on the receiving area site,
462the developer shall coordinate with each appropriate local,
463state, or federal agency to determine if adequate provisions
464have been made to protect those species in accordance with
465applicable regulations. In determining the adequacy of
466provisions for the protection of listed species and their
467habitats, the rural land stewardship area shall be considered as
468a whole, and the impacts to areas to be developed as receiving
469areas shall be considered together with the environmental
470benefits of areas protected as sending areas in fulfilling this
471criteria.
472     6.  Upon the adoption of a plan amendment creating a rural
473land stewardship area, the local government shall, by ordinance,
474establish the methodology for the creation, conveyance, and use
475of transferable rural land use credits, otherwise referred to as
476stewardship credits, the application of assign to the area a
477certain number of credits, to be known as "transferable rural
478land use credits," which shall not constitute a right to develop
479land, nor increase density of land, except as provided by this
480section. The total amount of transferable rural land use credits
481within assigned to the rural land stewardship area must enable
482the realization of the long-term vision and goals for correspond
483to the 25-year or greater projected population of the rural land
484stewardship area. Transferable rural land use credits are
485subject to the following limitations:
486     a.  Transferable rural land use credits may only exist
487within a rural land stewardship area.
488     b.  Transferable rural land use credits may only be used on
489lands designated as receiving areas and then solely for the
490purpose of implementing innovative planning and development
491strategies and creative land use planning techniques adopted by
492the local government pursuant to this section.
493     c.  Transferable rural land use credits assigned to a
494parcel of land within a rural land stewardship area shall cease
495to exist if the parcel of land is removed from the rural land
496stewardship area by plan amendment.
497     d.  Neither the creation of the rural land stewardship area
498by plan amendment nor the assignment of transferable rural land
499use credits by the local government shall operate to displace
500the underlying density of land uses assigned to a parcel of land
501within the rural land stewardship area; however, if transferable
502rural land use credits are transferred from a parcel for use
503within a designated receiving area, the underlying density
504assigned to the parcel of land shall cease to exist.
505     e.  The underlying density on each parcel of land located
506within a rural land stewardship area shall not be increased or
507decreased by the local government, except as a result of the
508conveyance or use of transferable rural land use credits, as
509long as the parcel remains within the rural land stewardship
510area.
511     f.  Transferable rural land use credits shall cease to
512exist on a parcel of land where the underlying density assigned
513to the parcel of land is utilized.
514     g.  An increase in the density of use on a parcel of land
515located within a designated receiving area may occur only
516through the assignment or use of transferable rural land use
517credits and shall not require a plan amendment.
518     h.  A change in the density of land use on parcels located
519within receiving areas shall be specified in a development order
520which reflects the total number of transferable rural land use
521credits assigned to the parcel of land and the infrastructure
522and support services necessary to provide for a functional mix
523of land uses corresponding to the plan of development.
524     i.  Land within a rural land stewardship area may be
525removed from the rural land stewardship area through a plan
526amendment.
527     j.  Transferable rural land use credits may be assigned at
528different ratios of credits per acre according to the natural
529resource or other beneficial use characteristics of the land and
530according to the land use remaining following the transfer of
531credits, with the highest number of credits per acre assigned to
532the most environmentally valuable land, or in locations where
533the retention of and a lesser number of credits to be assigned
534to open space and agricultural land is a priority, to such
535lands.
536     k.  The use or conveyance of transferable rural land use
537credits must be recorded in the public records of the county in
538which the property is located as a covenant or restrictive
539easement running with the land in favor of the county and either
540the Department of Environmental Protection, Department of
541Agriculture and Consumer Services, a water management district,
542or a recognized statewide land trust.
543     7.  Owners of land within rural land stewardship areas
544should be provided incentives to enter into rural land
545stewardship agreements, pursuant to existing law and rules
546adopted thereto, with state agencies, water management
547districts, and local governments to achieve mutually agreed upon
548conservation objectives. Such incentives may include, but not be
549limited to, the following:
550     a.  Opportunity to accumulate transferable mitigation
551credits.
552     b.  Extended permit agreements.
553     c.  Opportunities for recreational leases and ecotourism.
554     d.  Payment for specified land management services on
555publicly owned land, or property under covenant or restricted
556easement in favor of a public entity.
557     e.  Option agreements for sale to public entities or
558private land conservation entities, in either fee or easement,
559upon achievement of conservation objectives.
560     8.  The department shall report to the Legislature on an
561annual basis on the results of implementation of rural land
562stewardship areas authorized by the department, including
563successes and failures in achieving the intent of the
564Legislature as expressed in this paragraph.
565     (12)  A public school facilities element adopted to
566implement a school concurrency program shall meet the
567requirements of this subsection. Each county and each
568municipality within the county, unless exempt or subject to a
569waiver, must adopt a public school facilities element that is
570consistent with those adopted by the other local governments
571within the county and enter the interlocal agreement pursuant to
572s. 163.31777.
573     (a)  The state land planning agency may provide a waiver to
574a county and to the municipalities within the county if the
575capacity rate for all schools within the school district is no
576greater than 100 percent and the projected 5-year capital outlay
577full-time equivalent student growth rate is less than 10
578percent. The state land planning agency may allow for a single
579school to exceed the 100-percent limitation if it can be
580demonstrated that the capacity rate for that single school is
581not greater than 105 percent. In making this determination, the
582state land planning agency shall consider the following
583criteria:
584     1.  Whether the exceedance is due to temporary
585circumstances;
586     2.  Whether the projected 5-year capital outlay full time
587equivalent student growth rate for the school district is
588approaching the 10-percent threshold;
589     3.  Whether one or more additional schools within the
590school district are at or approaching the 100-percent threshold;
591and
592     4.  The adequacy of the data and analysis submitted to
593support the waiver request.
594     (b)  A municipality in a nonexempt county is exempt if the
595municipality meets all of the following criteria for having no
596significant impact on school attendance:
597     1.  The municipality has issued development orders for
598fewer than 50 residential dwelling units during the preceding 5
599years, or the municipality has generated fewer than 25
600additional public school students during the preceding 5 years.
601     2.  The municipality has not annexed new land during the
602preceding 5 years in land use categories that permit residential
603uses that will affect school attendance rates.
604     3.  The municipality has no public schools located within
605its boundaries.
606     (b)(a)  A public school facilities element shall be based
607upon data and analyses that address, among other items, how
608level-of-service standards will be achieved and maintained. Such
609data and analyses must include, at a minimum, such items as: the
610interlocal agreement adopted pursuant to s. 163.31777 and the 5-
611year school district facilities work program adopted pursuant to
612s. 1013.35; the educational plant survey prepared pursuant to s.
6131013.31 and an existing educational and ancillary plant map or
614map series; information on existing development and development
615anticipated for the next 5 years and the long-term planning
616period; an analysis of problems and opportunities for existing
617schools and schools anticipated in the future; an analysis of
618opportunities to collocate future schools with other public
619facilities such as parks, libraries, and community centers; an
620analysis of the need for supporting public facilities for
621existing and future schools; an analysis of opportunities to
622locate schools to serve as community focal points; projected
623future population and associated demographics, including
624development patterns year by year for the upcoming 5-year and
625long-term planning periods; and anticipated educational and
626ancillary plants with land area requirements.
627     (c)(b)  The element shall contain one or more goals which
628establish the long-term end toward which public school programs
629and activities are ultimately directed.
630     (d)(c)  The element shall contain one or more objectives
631for each goal, setting specific, measurable, intermediate ends
632that are achievable and mark progress toward the goal.
633     (e)(d)  The element shall contain one or more policies for
634each objective which establish the way in which programs and
635activities will be conducted to achieve an identified goal.
636     (f)(e)  The objectives and policies shall address items
637such as:
638     1.  The procedure for an annual update process;
639     2.  The procedure for school site selection;
640     3.  The procedure for school permitting;
641     4.  Provision for of supporting infrastructure necessary to
642support proposed schools, including potable water, wastewater,
643drainage, solid waste, transportation, and means by which to
644assure safe access to schools, including sidewalks, bicycle
645paths, turn lanes, and signalization;
646     5.  Provision for colocation of other public facilities,
647such as parks, libraries, and community centers, in proximity to
648public schools;
649     6.  Provision for location of schools proximate to
650residential areas and to complement patterns of development,
651including the location of future school sites so they serve as
652community focal points;
653     7.  Measures to ensure compatibility of school sites and
654surrounding land uses;
655     8.  Coordination with adjacent local governments and the
656school district on emergency preparedness issues, including the
657use of public schools to serve as emergency shelters; and
658     9.  Coordination with the future land use element.
659     (g)(f)  The element shall include one or more future
660conditions maps which depict the anticipated location of
661educational and ancillary plants, including the general location
662of improvements to existing schools or new schools anticipated
663over the 5-year, or long-term planning period. The maps will of
664necessity be general for the long-term planning period and more
665specific for the 5-year period. Maps indicating general
666locations of future schools or school improvements may not
667prescribe a land use on a particular parcel of land.
668     (h)  The state land planning agency shall establish a
669phased schedule for adoption of the public school facilities
670element and the required updates to the public schools
671interlocal agreement pursuant to s. 163.31777. The schedule
672shall provide for each county and local government within the
673county to adopt the element and update to the agreement no later
674than December 1, 2008. Plan amendments to adopt a public school
675facilities element are exempt from the provisions of s.
676163.3187(1).
677     (i)  Failure to adopt the public school facility element,
678to enter into an approved interlocal agreement as required by
679subparagraph (6)(h)2. and 163.31777, or to amend the
680comprehensive plan as necessary to implement school concurrency,
681according to the phased schedule, shall result in a local
682government being prohibited from adopting amendments to the
683comprehensive plan which increase residential density until the
684necessary amendments have been adopted and transmitted to the
685state land planning agency.
686     (j)  The state land planning agency may issue the school
687board a notice to show cause why sanctions should not be
688enforced for failure to enter into an approved interlocal
689agreement as required by s. 163.31777 or for failure to
690implement the provisions of this act relating to public school
691concurrency. The school board may be subject to sanctions
692imposed by the Administration Commission directing the
693Department of Education to withhold from the district school
694board an equivalent amount of funds for school construction
695available pursuant to ss. 1013.65, 1013.68, 1013.70, and
6961013.72.
697     (13)  Local governments are encouraged to develop a
698community vision that provides for sustainable growth,
699recognizes its fiscal constraints, and protects its natural
700resources. At the request of a local government, the applicable
701regional planning council shall provide assistance in the
702development of a community vision.
703     (a)  As part of the process of developing a community
704vision under this section, the local government must hold two
705public meetings with at least one of those meetings before the
706local planning agency. Before those public meetings, the local
707government must hold at least one public workshop with
708stakeholder groups such as neighborhood associations, community
709organizations, businesses, private property owners, housing and
710development interests, and environmental organizations.
711     (b)  The local government must, at a minimum, discuss five
712of the following topics as part of the workshops and public
713meetings required under paragraph (a):
714     1.  Future growth in the area using population forecasts
715from the Bureau of Economic and Business Research;
716     2.  Priorities for economic development;
717     3.  Preservation of open space, environmentally sensitive
718lands, and agricultural lands;
719     4.  Appropriate areas and standards for mixed-use
720development;
721     5.  Appropriate areas and standards for high-density
722commercial and residential development;
723     6.  Appropriate areas and standards for economic-
724development opportunities and employment centers;
725     7.  Provisions for adequate workforce housing;
726     8.  An efficient, interconnected multimodal transportation
727system; and
728     9.  Opportunities to create land use patterns that
729accommodate the issues listed in subparagraphs 1.-8.
730     (c)  As part of the workshops and public meetings, the
731local government must discuss strategies for addressing the
732topics discussed under paragraph (b), including:
733     1.  Strategies to preserve open space and environmentally
734sensitive lands, and to encourage a healthy agricultural
735economy, including innovative planning and development
736strategies, such as the transfer of development rights;
737     2.  Incentives for mixed-use development, including
738increased height and intensity standards for buildings that
739provide residential use in combination with office or commercial
740space;
741     3.  Incentives for workforce housing;
742     4.  Designation of an urban service boundary pursuant to
743subsection (2); and
744     5.  Strategies to provide mobility within the community and
745to protect the Strategic Intermodal System, including the
746development of a transportation corridor management plan under
747s. 337.273.
748     (d)  The community vision must reflect the community's
749shared concept for growth and development of the community,
750including visual representations depicting the desired land-use
751patterns and character of the community during a 10-year
752planning timeframe. The community vision must also take into
753consideration economic viability of the vision and private
754property interests.
755     (e)  After the workshops and public meetings required under
756paragraph (a) are held, the local government may amend its
757comprehensive plan to include the community vision as a
758component in the plan. This plan amendment must be transmitted
759and adopted pursuant to the procedures in ss. 163.3184 and
760163.3189 at public hearings of the governing body other than
761those identified in paragraph (a).
762     (f)  Amendments submitted under this subsection are exempt
763from the limitation on the frequency of plan amendments in s.
764163.3187.
765     Section 3.  Sections 163.31776 and 339.2817, Florida
766Statutes, is repealed.
767     Section 4.  Subsections (2), (5), (6), and (7) of section
768163.31777, Florida Statutes, are amended to read:
769     163.31777  Public schools interlocal agreement.--
770     (2)  At a minimum, the interlocal agreement must address
771interlocal-agreement requirements in s. 163.3180(13)(g), except
772for exempt local governments as provided in s. 163.3177(12), and
773must address the following issues:
774     (a)  A process by which each local government and the
775district school board agree and base their plans on consistent
776projections of the amount, type, and distribution of population
777growth and student enrollment. The geographic distribution of
778jurisdiction-wide growth forecasts is a major objective of the
779process.
780     (b)  A process to coordinate and share information relating
781to existing and planned public school facilities, including
782school renovations and closures, and local government plans for
783development and redevelopment.
784     (c)  Participation by affected local governments with the
785district school board in the process of evaluating potential
786school closures, significant renovations to existing schools,
787and new school site selection before land acquisition. Local
788governments shall advise the district school board as to the
789consistency of the proposed closure, renovation, or new site
790with the local comprehensive plan, including appropriate
791circumstances and criteria under which a district school board
792may request an amendment to the comprehensive plan for school
793siting.
794     (d)  A process for determining the need for and timing of
795onsite and offsite improvements to support new, proposed
796expansion, or redevelopment of existing schools. The process
797must address identification of the party or parties responsible
798for the improvements.
799     (e)  A process for the school board to inform the local
800government regarding the effect of comprehensive plan amendments
801on school capacity. The capacity reporting must be consistent
802with laws and rules relating to measurement of school facility
803capacity and must also identify how the district school board
804will meet the public school demand based on the facilities work
805program adopted pursuant to s. 1013.35.
806     (f)  Participation of the local governments in the
807preparation of the annual update to the district school board's
8085-year district facilities work program and educational plant
809survey prepared pursuant to s. 1013.35.
810     (g)  A process for determining where and how joint use of
811either school board or local government facilities can be shared
812for mutual benefit and efficiency.
813     (h)  A procedure for the resolution of disputes between the
814district school board and local governments, which may include
815the dispute resolution processes contained in chapters 164 and
816186.
817     (i)  An oversight process, including an opportunity for
818public participation, for the implementation of the interlocal
819agreement.
820
821A signatory to the interlocal agreement may elect not to include
822a provision meeting the requirements of paragraph (e); however,
823such a decision may be made only after a public hearing on such
824election, which may include the public hearing in which a
825district school board or a local government adopts the
826interlocal agreement. An interlocal agreement entered into
827pursuant to this section must be consistent with the adopted
828comprehensive plan and land development regulations of any local
829government that is a signatory.
830     (5)  Any local government transmitting a public school
831element to implement school concurrency pursuant to the
832requirements of s. 163.3180 before July 1, 2005, the effective
833date of this section is not required to amend the element or any
834interlocal agreement to conform with the provisions of this
835section if the element is adopted prior to or within 1 year
836after the effective date of this section and remains in effect.
837     (6)  Except as provided in subsection (7), municipalities
838meeting the exemption criteria in s. 163.3177(12) having no
839established need for a new school facility and meeting the
840following criteria are exempt from the requirements of
841subsections (1), (2), and (3).:
842     (a)  The municipality has no public schools located within
843its boundaries.
844     (b)  The district school board's 5-year facilities work
845program and the long-term 10-year and 20-year work programs, as
846provided in s. 1013.35, demonstrate that no new school facility
847is needed in the municipality. In addition, the district school
848board must verify in writing that no new school facility will be
849needed in the municipality within the 5-year and 10-year
850timeframes.
851     (7)  At the time of the evaluation and appraisal report,
852each exempt municipality shall assess the extent to which it
853continues to meet the criteria for exemption under s.
854163.3177(12) subsection (6). If the municipality continues to
855meet these criteria and the district school board verifies in
856writing that no new school facilities will be needed within the
8575-year and 10-year timeframes, the municipality shall continue
858to be exempt from the interlocal-agreement requirement. Each
859municipality exempt under s. 163.3177(12) subsection (6) must
860comply with the provisions of this section within 1 year after
861the district school board proposes, in its 5-year district
862facilities work program, a new school within the municipality's
863jurisdiction.
864     Section 5.  Paragraph (a) of subsection (1), subsection
865(2), paragraph (c) of subsection (4), subsections (5), (7), (9),
866(10), (13), and (15) of section 163.3180, Florida Statutes, are
867amended, and subsections (16) and (17) are added to that
868section, to read:
869     163.3180  Concurrency.--
870     (1)(a)  Sanitary sewer, solid waste, drainage, potable
871water, parks and recreation, schools, and transportation
872facilities, including mass transit, where applicable, are the
873only public facilities and services subject to the concurrency
874requirement on a statewide basis. Additional public facilities
875and services may not be made subject to concurrency on a
876statewide basis without appropriate study and approval by the
877Legislature; however, any local government may extend the
878concurrency requirement so that it applies to additional public
879facilities within its jurisdiction.
880     (2)(a)  Consistent with public health and safety, sanitary
881sewer, solid waste, drainage, adequate water supplies, and
882potable water facilities shall be in place and available to
883serve new development no later than the issuance by the local
884government of a certificate of occupancy or its functional
885equivalent. Prior to approval of a building permit or its
886functional equivalent, the local government shall consult with
887the applicable water supplier to determine whether adequate
888water supplies to serve the new development will be available no
889later than the anticipated date of issuance by the local
890government of a certificate of occupancy or its functional
891equivalent.
892     (b)  Consistent with the public welfare, and except as
893otherwise provided in this section, parks and recreation
894facilities to serve new development shall be in place or under
895actual construction no later than 1 year after issuance by the
896local government of a certificate of occupancy or its functional
897equivalent.  However, the acreage for such facilities shall be
898dedicated or be acquired by the local government prior to
899issuance by the local government of a certificate of occupancy
900or its functional equivalent, or funds in the amount of the
901developer's fair share shall be committed no later than prior to
902issuance by the local government's approval to commence
903construction government of a certificate of occupancy or its
904functional equivalent.
905     (c)  Consistent with the public welfare, and except as
906otherwise provided in this section, transportation facilities
907designated as part of the Florida Intrastate Highway System
908needed to serve new development shall be in place or under
909actual construction within 3 not more than 5 years after the
910local government approves a building permit or its functional
911equivalent that results in traffic generation. For purposes of
912this paragraph, if the construction funding needed for
913facilities is in the first 3 years of the Department of
914Transportation's work program or the local government's schedule
915of capital improvements, the under-actual-construction
916requirements of this paragraph shall be deemed to have been met.
917However, a local government's concurrency management system may
918specify that the term "under-actual-construction" refers to the
919contents of the first 2 years of the local government's schedule
920of capital improvements or the Department of Transportation's
921work program issuance by the local government of a certificate
922of occupancy or its functional equivalent. Other transportation
923facilities needed to serve new development shall be in place or
924under actual construction no more than 3 years after issuance by
925the local government of a certificate of occupancy or its
926functional equivalent.
927     (4)
928     (c)  The concurrency requirement, except as it relates to
929transportation facilities and public schools, as implemented in
930local government comprehensive plans, may be waived by a local
931government for urban infill and redevelopment areas designated
932pursuant to s. 163.2517 if such a waiver does not endanger
933public health or safety as defined by the local government in
934its local government comprehensive plan.  The waiver shall be
935adopted as a plan amendment pursuant to the process set forth in
936s. 163.3187(3)(a).  A local government may grant a concurrency
937exception pursuant to subsection (5) for transportation
938facilities located within these urban infill and redevelopment
939areas.
940     (5)(a)  The Legislature finds that under limited
941circumstances dealing with transportation facilities,
942countervailing planning and public policy goals may come into
943conflict with the requirement that adequate public facilities
944and services be available concurrent with the impacts of such
945development.  The Legislature further finds that often the
946unintended result of the concurrency requirement for
947transportation facilities is the discouragement of urban infill
948development and redevelopment.  Such unintended results directly
949conflict with the goals and policies of the state comprehensive
950plan and the intent of this part.  Therefore, exceptions from
951the concurrency requirement for transportation facilities may be
952granted as provided by this subsection.
953     (b)  A local government may grant an exception from the
954concurrency requirement for transportation facilities if the
955proposed development is otherwise consistent with the adopted
956local government comprehensive plan and is a project that
957promotes public transportation or is located within an area
958designated in the comprehensive plan for:
959     1.  Urban infill development,
960     2.  Urban redevelopment,
961     3.  Downtown revitalization, or
962     4.  Urban infill and redevelopment under s. 163.2517.
963     (c)  The Legislature also finds that developments located
964within urban infill, urban redevelopment, existing urban
965service, or downtown revitalization areas or areas designated as
966urban infill and redevelopment areas under s. 163.2517 which
967pose only special part-time demands on the transportation system
968should be excepted from the concurrency requirement for
969transportation facilities.  A special part-time demand is one
970that does not have more than 200 scheduled events during any
971calendar year and does not affect the 100 highest traffic volume
972hours.
973     (d)  A local government shall establish guidelines in the
974comprehensive plan for granting the exceptions authorized in
975paragraphs (b) and (c) and subsections (7) and (15) which must
976be consistent with and support a comprehensive strategy adopted
977in the plan to promote the purpose of the exceptions.
978     (e)  The local government shall adopt into the plan and
979implement strategies to support and fund mobility within the
980designated exception area, including alternative modes of
981transportation. The plan amendment shall also demonstrate how
982strategies will support the purpose of the exception and how
983mobility within the designated exception area will be provided.
984In addition, the strategies must address urban design;
985appropriate land use mixes, including intensity and density; and
986network connectivity plans needed to promote urban infill,
987redevelopment, or downtown revitalization. The comprehensive
988plan amendment designating the concurrency exception area shall
989be accompanied by data and analysis justifying the size of the
990area.
991     (f)  Prior to the designation of a concurrency exception
992area, the Department of Transportation shall be consulted by the
993local government to assess the impact that the proposed
994exception area is expected to have on the adopted level of
995service standards established for Strategic Intermodal System
996facilities, as defined in s. 339.64, and roadway facilities
997funded in accordance with s. 339.28171. Further, the local
998government shall, in cooperation with the Department of
999Transportation, develop a plan to mitigate any impacts to the
1000Strategic Intermodal System, including, if appropriate, the
1001development of a long-term concurrency management system
1002pursuant to ss. 163.3177(3)(d) and 163.3180(9). in the
1003comprehensive plan. These guidelines must include consideration
1004of the impacts on the Florida Intrastate Highway System, as
1005defined in s. 338.001.  The exceptions may be available only
1006within the specific geographic area of the jurisdiction
1007designated in the plan.  Pursuant to s. 163.3184, any affected
1008person may challenge a plan amendment establishing these
1009guidelines and the areas within which an exception could be
1010granted.
1011     (g)  Transportation concurrency exception areas existing
1012prior to July 1, 2005, shall meet, at a minimum, the provisions
1013of this section by July 1, 2006, or at the time of the
1014comprehensive plan update pursuant to the evaluation and
1015appraisal report, whichever occurs last.
1016     (h)  It is a high state priority that urban infill and
1017redevelopment be promoted and provide incentives. By promoting
1018the revitalization of existing communities of this state, a more
1019efficient maximization of space and facilities may be achieved
1020and urban sprawl will be discouraged. If a local government
1021creates a long-term vision pursuant to s. 163.3177(13)(a)-(d)
1022for its community, the transportation facilities concurrency
1023requirements of paragraph (2)(c) are waived for:
1024     1.a.  Urban infill development as designated in the
1025comprehensive plan;
1026     b.  Urban redevelopment as designated in the comprehensive
1027plan;
1028     c.  Downtown revitalization as designated in the
1029comprehensive plan; or
1030     d.  Urban infill and redevelopment under s. 163.2517 as
1031designated in the comprehensive plan.
1032
1033Further, the local government shall, in cooperation with the
1034Department of Transportation, develop a plan to mitigate any
1035impacts to the Strategic Intermodal System, including, if
1036appropriate, the development of a long-term concurrency
1037management system pursuant to ss. 163.3177(3)(d) and
1038163.3180(9).
1039     2.  Municipalities that are at least 90 percent built-out.
1040For purposes of this exemption:
1041     a.  The term "built-out" means that 90 percent of the
1042property within the municipality's boundaries, excluding lands
1043that are designated as conservation, preservation, recreation,
1044or public facilities categories, have been developed, or are the
1045subject of an approved development order that has received a
1046building permit and the municipality has an average density of 5
1047units per acre for residential developments.
1048     b.  The municipality must have adopted an ordinance that
1049provides the methodology for determining its built-out
1050percentage, declares that transportation concurrency
1051requirements are waived within its municipal boundary or within
1052a designated area of the municipality, and addresses multimodal
1053options and strategies, including alternative modes of
1054transportation within the municipality. Prior to the adoption of
1055the ordinance, the Department of Transportation shall be
1056consulted by the local government to assess the impact that the
1057waiver of the transportation concurrency requirements is
1058expected to have on the adopted level-of-service standards
1059established for Strategic Intermodal System facilities, as
1060defined in s. 339.64. Further, the local government shall, in
1061cooperation with the Department of Transportation, develop a
1062plan to mitigate any impacts to the Strategic Intermodal System,
1063including, if appropriate, the development of a long-term
1064concurrency management system pursuant to ss. 163.3177(3)(d) and
1065163.3180(9).
1066     c.  If a municipality annexes any property, the
1067municipality must recalculate its built-out percentage pursuant
1068to the methodology set forth in its ordinance to verify whether
1069the annexed property may be included within this exemption.
1070     d.  If transportation concurrency requirements are waived
1071under this subparagraph, the municipality must adopt a
1072comprehensive plan amendment pursuant to s. 163.3187(1)(c) which
1073updates its transportation element to reflect the transportation
1074concurrency requirements waiver and must submit a copy of its
1075ordinance adopted in subparagraph b. to the state land planning
1076agency.
1077     3.  The community vision created pursuant to s.
107813.3177(13)(a)-(d) is not required to be adopted into the
1079comprehensive plan for this transportation facilities
1080concurrency waiver to apply.
1081     (7)  In order to promote infill development and
1082redevelopment, one or more transportation concurrency management
1083areas may be designated in a local government comprehensive
1084plan. A transportation concurrency management area must be a
1085compact geographic area with an existing network of roads where
1086multiple, viable alternative travel paths or modes are available
1087for common trips.  A local government may establish an areawide
1088level-of-service standard for such a transportation concurrency
1089management area based upon an analysis that provides for a
1090justification for the areawide level of service, how urban
1091infill development or redevelopment will be promoted, and how
1092mobility will be accomplished within the transportation
1093concurrency management area. Prior to the designation of a
1094concurrency management area, the Department of Transportation
1095shall be consulted by the local government to assess the impact
1096that the proposed concurrency management area is expected to
1097have on the adopted level of service standards established for
1098Strategic Intermodal System facilities, as defined in s. 339.64,
1099and roadway facilities funded in accordance with s. 339.28171.
1100Further, the local government shall, in cooperation with the
1101Department of Transportation, develop a plan to mitigate any
1102impacts to the Strategic Intermodal System, including, if
1103appropriate, the development of a long-term concurrency
1104management system pursuant to ss. 163.3177(3)(d) and
1105163.3180(9). Transportation concurrency management areas
1106existing prior to July 1, 2005, shall meet, at a minimum, the
1107provisions of this section by July 1, 2006, or at the time of
1108the comprehensive plan update pursuant to the evaluation and
1109appraisal report, whichever occurs last. The state land planning
1110agency shall amend chapter 9J-5, Florida Administrative Code, to
1111be consistent with this subsection.
1112     (9)(a)  Each local government may adopt as a part of its
1113plan, a long-term transportation and school concurrency
1114management systems system with a planning period of up to 10
1115years for specially designated districts or areas where
1116significant backlogs exist. The plan may include interim level-
1117of-service standards on certain facilities and shall may rely on
1118the local government's schedule of capital improvements for up
1119to 10 years as a basis for issuing development orders that
1120authorize commencement of construction permits in these
1121designated districts or areas. The concurrency management
1122system. It must be designed to correct existing deficiencies and
1123set priorities for addressing backlogged facilities. The
1124concurrency management system It must be financially feasible
1125and consistent with other portions of the adopted local plan,
1126including the future land use map.
1127     (b)  If a local government has a transportation or school
1128facility backlog for existing development which cannot be
1129adequately addressed in a 10-year plan, the state land planning
1130agency may allow it to develop a plan and long-term schedule of
1131capital improvements covering of up to 15 years for good and
1132sufficient cause, based on a general comparison between that
1133local government and all other similarly situated local
1134jurisdictions, using the following factors:
1135     1.  The extent of the backlog.
1136     2.  For roads, whether the backlog is on local or state
1137roads.
1138     3.  The cost of eliminating the backlog.
1139     4.  The local government's tax and other revenue-raising
1140efforts.
1141     (c)  The local government may issue approvals to commence
1142construction notwithstanding s. 163.3180, consistent with and in
1143areas that are subject to a long-term concurrency management
1144system.
1145     (d)  If the local government adopts a long-term concurrency
1146management system, it must evaluate the system periodically. At
1147a minimum, the local government must assess its progress toward
1148improving levels of service within the long-term concurrency
1149management district or area in the evaluation and appraisal
1150report and determine any changes that are necessary to
1151accelerate progress in meeting acceptable levels of service or
1152providing other methods of transportation.
1153     (10)  With regard to roadway facilities on the Strategic
1154Intermodal System designated in accordance with ss. 339.61,
1155339.62, 339.63, and 339.64 Florida Intrastate Highway System as
1156defined in s. 338.001, with concurrence from the Department of
1157Transportation, the level-of-service standard for general lanes
1158in urbanized areas, as defined in s. 334.03(36), may be
1159established by the local government in the comprehensive plan.
1160For all other facilities on the Florida Intrastate Highway
1161System, local governments shall adopt the level-of-service
1162standard established by the Department of Transportation by
1163rule.  For all other roads on the State Highway System, local
1164governments shall establish an adequate level-of-service
1165standard that need not be consistent with any level-of-service
1166standard established by the Department of Transportation. In
1167establishing adequate level-of-service standards for any
1168arterial roads, or collector roads as appropriate, which
1169traverse multiple jurisdictions, local governments shall
1170consider compatibility with the roadway facility's adopted
1171level-of-service standards in adjacent jurisdictions. Each local
1172government within a county shall use a professionally accepted
1173methodology for measuring impacts on transportation facilities
1174for the purposes of implementing its concurrency management
1175system. Counties are encouraged to coordinate with adjacent
1176counties, and local governments within a county are encouraged
1177to coordinate, for the purpose of using common methodologies for
1178measuring impacts on transportation facilities for the purpose
1179of implementing their concurrency management systems.
1180     (13)  In accordance with the schedule adopted pursuant to
1181s. 163.3177(12)(h), school concurrency, if imposed by local
1182option, shall be established on a districtwide basis and shall
1183include all public schools in the district and all portions of
1184the district, whether located in a municipality or an
1185unincorporated area unless exempt from the public school
1186facilities element pursuant to s. 163.3177(12). This subsection
1187shall not apply to the Florida School for the Deaf and Blind.
1188The school concurrency requirement shall not be effective until
1189the adoption of the public school facilities element. The
1190application of school concurrency to development shall be based
1191upon the adopted comprehensive plan, as amended. All local
1192governments within a county, except as provided in paragraph
1193(f), shall adopt and transmit to the state land planning agency
1194the necessary plan amendments, along with the interlocal
1195agreement, for a compliance review pursuant to s. 163.3184(7)
1196and (8). School concurrency shall not become effective in a
1197county until all local governments, except as provided in
1198paragraph (f), have adopted the necessary plan amendments, which
1199together with the interlocal agreement, are determined to be in
1200compliance with the requirements of this part. The minimum
1201requirements for school concurrency are the following:
1202     (a)  Public school facilities element.--A local government
1203shall adopt and transmit to the state land planning agency a
1204plan or plan amendment which includes a public school facilities
1205element which is consistent with the requirements of s.
1206163.3177(12) and which is determined to be in compliance as
1207defined in s. 163.3184(1)(b).  All local government public
1208school facilities plan elements within a county must be
1209consistent with each other as well as the requirements of this
1210part.
1211     (b)  Level-of-service standards.--The Legislature
1212recognizes that an essential requirement for a concurrency
1213management system is the level of service at which a public
1214facility is expected to operate.
1215     1.  Local governments and school boards imposing school
1216concurrency shall exercise authority in conjunction with each
1217other to establish jointly adequate level-of-service standards,
1218as defined in chapter 9J-5, Florida Administrative Code,
1219necessary to implement the adopted local government
1220comprehensive plan, based on data and analysis.
1221     2.  Public school level-of-service standards shall be
1222included and adopted into the capital improvements element of
1223the local comprehensive plan and shall apply districtwide to all
1224schools of the same type. Types of schools may include
1225elementary, middle, and high schools as well as special purpose
1226facilities such as magnet schools.
1227     3.  Local governments and school boards shall have the
1228option to utilize tiered level-of-service standards to allow
1229time to achieve an adequate and desirable level of service as
1230circumstances warrant.
1231     (c)  Service areas.--The Legislature recognizes that an
1232essential requirement for a concurrency system is a designation
1233of the area within which the level of service will be measured
1234when an application for a residential development permit is
1235reviewed for school concurrency purposes. This delineation is
1236also important for purposes of determining whether the local
1237government has a financially feasible public school capital
1238facilities program that will provide schools which will achieve
1239and maintain the adopted level-of-service standards.
1240     1.  In order to balance competing interests, preserve the
1241constitutional concept of uniformity, and avoid disruption of
1242existing educational and growth management processes, local
1243governments are encouraged to initially apply school concurrency
1244to development only on a districtwide basis so that a
1245concurrency determination for a specific development will be
1246based upon the availability of school capacity districtwide. To
1247ensure that development is coordinated with schools having
1248available capacity, within 5 years after adoption of school
1249concurrency, local governments shall apply school concurrency on
1250a less than districtwide basis, such as using school attendance
1251zones or concurrency service areas, as provided in subparagraph
12522.
1253     2.  For local governments applying school concurrency on a
1254less than districtwide basis, such as utilizing school
1255attendance zones or larger school concurrency service areas,
1256local governments and school boards shall have the burden to
1257demonstrate that the utilization of school capacity is maximized
1258to the greatest extent possible in the comprehensive plan and
1259amendment, taking into account transportation costs and court-
1260approved desegregation plans, as well as other factors. In
1261addition, in order to achieve concurrency within the service
1262area boundaries selected by local governments and school boards,
1263the service area boundaries, together with the standards for
1264establishing those boundaries, shall be identified and, included
1265as supporting data and analysis for, and adopted as part of the
1266comprehensive plan. Any subsequent change to the service area
1267boundaries for purposes of a school concurrency system shall be
1268by plan amendment and shall be exempt from the limitation on the
1269frequency of plan amendments in s. 163.3187(1).
1270     3.  Where school capacity is available on a districtwide
1271basis but school concurrency is applied on a less than
1272districtwide basis in the form of concurrency service areas, if
1273the adopted level-of-service standard cannot be met in a
1274particular service area as applied to an application for a
1275development permit and if the needed capacity for the particular
1276service area is available in one or more contiguous service
1277areas, as adopted by the local government, then the local
1278government may not deny an application for site plan or final
1279subdivision approval or the functional equivalent for a
1280development or phase of a development on the basis of school
1281concurrency, and if order shall be issued, development impacts
1282shall be shifted to contiguous service areas with schools having
1283available capacity and mitigation measures shall not be exacted.
1284     (d)  Financial feasibility.--The Legislature recognizes
1285that financial feasibility is an important issue because the
1286premise of concurrency is that the public facilities will be
1287provided in order to achieve and maintain the adopted level-of-
1288service standard. This part and chapter 9J-5, Florida
1289Administrative Code, contain specific standards to determine the
1290financial feasibility of capital programs. These standards were
1291adopted to make concurrency more predictable and local
1292governments more accountable.
1293     1.  A comprehensive plan amendment seeking to impose school
1294concurrency shall contain appropriate amendments to the capital
1295improvements element of the comprehensive plan, consistent with
1296the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
1297Administrative Code. The capital improvements element shall set
1298forth a financially feasible public school capital facilities
1299program, established in conjunction with the school board, that
1300demonstrates that the adopted level-of-service standards will be
1301achieved and maintained.
1302     2.  Such amendments shall demonstrate that the public
1303school capital facilities program meets all of the financial
1304feasibility standards of this part and chapter 9J-5, Florida
1305Administrative Code, that apply to capital programs which
1306provide the basis for mandatory concurrency on other public
1307facilities and services.
1308     3.  When the financial feasibility of a public school
1309capital facilities program is evaluated by the state land
1310planning agency for purposes of a compliance determination, the
1311evaluation shall be based upon the service areas selected by the
1312local governments and school board.
1313     (e)  Availability standard.--Consistent with the public
1314welfare, a local government may not deny an application for site
1315plan, final subdivision approval, or the functional equivalent
1316for a development or phase of a development permit authorizing
1317residential development for failure to achieve and maintain the
1318level-of-service standard for public school capacity in a local
1319option school concurrency management system where adequate
1320school facilities will be in place or under actual construction
1321within 3 years after the permit issuance of final subdivision or
1322site plan approval, or the functional equivalent. School
1323concurrency shall be satisfied if the developer executes a
1324legally binding commitment to provide mitigation proportionate
1325to the demand for public school facilities to be created by
1326actual development of the property, including, but not limited
1327to, the options described in subparagraph 1. Approval of a
1328funding agreement shall not be unreasonably withheld. Any
1329dispute shall be mediated pursuant to s. 120.573. Options for
1330proportionate-share mitigation of impacts on public school
1331facilities shall be established in the interlocal agreement
1332pursuant to s. 163.31777.
1333     1.  Appropriate mitigation options include the contribution
1334of land; the construction, expansion, or payment for land
1335acquisition or construction of a public school facility; or the
1336creation of mitigation banking based on the construction of a
1337public school facility in exchange for the right to sell
1338capacity credits. Such options must include execution by the
1339applicant and the local government of a binding development
1340agreement that constitutes a legally binding commitment to pay
1341proportionate-share mitigation for the additional residential
1342units approved by the local government in a development order
1343and actually developed on the property, taking into account
1344residential density allowed on the property prior to the plan
1345amendment that increased overall residential density. Mitigation
1346for development impact to public schools requires the
1347concurrence of the local school board. As a condition of its
1348entry into such a development agreement, the local government
1349may require the landowner to agree to continuing renewal of the
1350agreement upon its expiration.
1351     2.  If the education facilities plan and the interlocal
1352agreement adopted pursuant to s. 163.317777 authorize a
1353contribution of land; the construction, expansion, or payment
1354for land acquisition; or the construction or expansion of a
1355public school facility, or a portion thereof, as proportionate-
1356share mitigation, the local government shall credit such a
1357contribution, construction, expansion, or payment toward any
1358other impact fee or exaction imposed by local ordinance for the
1359same need, on a dollar-for-dollar basis at fair market value.
1360     3.  Any proportionate-share mitigation must be directed by
1361the school board toward a school capacity improvement identified
1362in a financially feasible 5-year district work plan and which
1363satisfies the demands created by that development in accordance
1364with a binding developer's agreement.
1365     4.  An offer or agreement to pay a local government's
1366proportionate share for a project's impact does not obligate a
1367local government to approve a development that is not otherwise
1368qualified for approval pursuant to a local government's
1369comprehensive plan and land development regulations.
1370     (f)  Intergovernmental coordination.--
1371     1.  When establishing concurrency requirements for public
1372schools, a local government shall satisfy the requirements for
1373intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1374and 2., except that a municipality is not required to be a
1375signatory to the interlocal agreement required by ss. s.
1376163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1377imposition of school concurrency, and as a nonsignatory, shall
1378not participate in the adopted local school concurrency system,
1379if the municipality meets all of the following criteria for
1380having no significant impact on school attendance:
1381     a.  The municipality has issued development orders for
1382fewer than 50 residential dwelling units during the preceding 5
1383years, or the municipality has generated fewer than 25
1384additional public school students during the preceding 5 years.
1385     b.  The municipality has not annexed new land during the
1386preceding 5 years in land use categories which permit
1387residential uses that will affect school attendance rates.
1388     c.  The municipality has no public schools located within
1389its boundaries.
1390     d.  At least 80 percent of the developable land within the
1391boundaries of the municipality has been built upon.
1392     2.  A municipality which qualifies as having no significant
1393impact on school attendance pursuant to the criteria of
1394subparagraph 1. must review and determine at the time of its
1395evaluation and appraisal report pursuant to s. 163.3191 whether
1396it continues to meet the criteria pursuant to s. 163.31777(6).  
1397If the municipality determines that it no longer meets the
1398criteria, it must adopt appropriate school concurrency goals,
1399objectives, and policies in its plan amendments based on the
1400evaluation and appraisal report, and enter into the existing
1401interlocal agreement required by ss. s. 163.3177(6)(h)2. and
1402163.31777, in order to fully participate in the school
1403concurrency system.  If such a municipality fails to do so, it
1404will be subject to the enforcement provisions of s. 163.3191.
1405     (g)  Interlocal agreement for school concurrency.--When
1406establishing concurrency requirements for public schools, a
1407local government must enter into an interlocal agreement that
1408which satisfies the requirements in ss. s. 163.3177(6)(h)1. and
14092. and 163.31777 and the requirements of this subsection.  The
1410interlocal agreement shall acknowledge both the school board's
1411constitutional and statutory obligations to provide a uniform
1412system of free public schools on a countywide basis, and the
1413land use authority of local governments, including their
1414authority to approve or deny comprehensive plan amendments and
1415development orders.  The interlocal agreement shall be submitted
1416to the state land planning agency by the local government as a
1417part of the compliance review, along with the other necessary
1418amendments to the comprehensive plan required by this part.  In
1419addition to the requirements of ss. s. 163.3177(6)(h) and
1420163.31777, the interlocal agreement shall meet the following
1421requirements:
1422     1.  Establish the mechanisms for coordinating the
1423development, adoption, and amendment of each local government's
1424public school facilities element with each other and the plans
1425of the school board to ensure a uniform districtwide school
1426concurrency system.
1427     2.  Establish a process by which each local government and
1428the school board shall agree and base their plans on consistent
1429projections of the amount, type, and distribution of population
1430growth and coordinate and share information relating to existing
1431and planned public school facilities projections and proposals
1432for development and redevelopment, and infrastructure required
1433to support public school facilities.
1434     2.3.  Establish a process for the development of siting
1435criteria which encourages the location of public schools
1436proximate to urban residential areas to the extent possible and
1437seeks to collocate schools with other public facilities such as
1438parks, libraries, and community centers to the extent possible.
1439     3.4.  Specify uniform, districtwide level-of-service
1440standards for public schools of the same type and the process
1441for modifying the adopted level-of-service standards.
1442     4.5.  Establish a process for the preparation, amendment,
1443and joint approval by each local government and the school board
1444of a public school capital facilities program which is
1445financially feasible, and a process and schedule for
1446incorporation of the public school capital facilities program
1447into the local government comprehensive plans on an annual
1448basis.
1449     5.6.  Define the geographic application of school
1450concurrency.  If school concurrency is to be applied on a less
1451than districtwide basis in the form of concurrency service
1452areas, the agreement shall establish criteria and standards for
1453the establishment and modification of school concurrency service
1454areas.  The agreement shall also establish a process and
1455schedule for the mandatory incorporation of the school
1456concurrency service areas and the criteria and standards for
1457establishment of the service areas into the local government
1458comprehensive plans.  The agreement shall ensure maximum
1459utilization of school capacity, taking into account
1460transportation costs and court-approved desegregation plans, as
1461well as other factors.  The agreement shall also ensure the
1462achievement and maintenance of the adopted level-of-service
1463standards for the geographic area of application throughout the
14645 years covered by the public school capital facilities plan and
1465thereafter by adding a new fifth year during the annual update.
1466     6.7.  Establish a uniform districtwide procedure for
1467implementing school concurrency which provides for:
1468     a.  The evaluation of development applications for
1469compliance with school concurrency requirements, including
1470information provided by the school board on affected schools,
1471impact on levels of service, and programmed improvements for
1472affected schools and any options to provide sufficient capacity;
1473     b.  An opportunity for the school board to review and
1474comment on the effect of comprehensive plan amendments and
1475rezonings on the public school facilities plan; and
1476     c.  The monitoring and evaluation of the school concurrency
1477system.
1478     7.8.  Include provisions relating to termination,
1479suspension, and amendment of the agreement. The agreement shall
1480provide that if the agreement is terminated or suspended, the
1481application of school concurrency shall be terminated or
1482suspended.
1483     8.  A process and uniform methodology for determining
1484proportionate-share mitigation pursuant to subparagraph (e)1.
1485     (h)  This subsection does not limit the authority of a
1486local government to grant or deny a development permit or its
1487functional equivalent prior to the implementation of school
1488concurrency.
1489     (15)(a)  Multimodal transportation districts may be
1490established under a local government comprehensive plan in areas
1491delineated on the future land use map for which the local
1492comprehensive plan assigns secondary priority to vehicle
1493mobility and primary priority to assuring a safe, comfortable,
1494and attractive pedestrian environment, with convenient
1495interconnection to transit. Such districts must incorporate
1496community design features that will reduce the number of
1497automobile trips or vehicle miles of travel and will support an
1498integrated, multimodal transportation system. Prior to the
1499designation of multimodal transportation districts, the
1500Department of Transportation shall be consulted by the local
1501government to assess the impact that the proposed multimodal
1502district area is expected to have on the adopted level of
1503service standards established for Strategic Intermodal System
1504facilities, as defined in s. 339.64, and roadway facilities
1505funded in accordance with s. 339.28171. Further, the local
1506government shall, in cooperation with the Department of
1507Transportation, develop a plan to mitigate any impacts to the
1508Strategic Intermodal System, including the development of a
1509long-term concurrency management system pursuant to ss.
1510163.3177(3)(d) and 163.3180(9). Multimodal transportation
1511districts existing prior to July 1, 2005, shall meet, at a
1512minimum, the provisions of this section by July 1, 2006, or at
1513the time of the comprehensive plan update pursuant to the
1514evaluation and appraisal report, whichever occurs last.
1515     (b)  Community design elements of such a district include:
1516a complementary mix and range of land uses, including
1517educational, recreational, and cultural uses; interconnected
1518networks of streets designed to encourage walking and bicycling,
1519with traffic-calming where desirable; appropriate densities and
1520intensities of use within walking distance of transit stops;
1521daily activities within walking distance of residences, allowing
1522independence to persons who do not drive; public uses, streets,
1523and squares that are safe, comfortable, and attractive for the
1524pedestrian, with adjoining buildings open to the street and with
1525parking not interfering with pedestrian, transit, automobile,
1526and truck travel modes.
1527     (c)  Local governments may establish multimodal level-of-
1528service standards that rely primarily on nonvehicular modes of
1529transportation within the district, when justified by an
1530analysis demonstrating that the existing and planned community
1531design will provide an adequate level of mobility within the
1532district based upon professionally accepted multimodal level-of-
1533service methodologies. The analysis must take into consideration
1534the impact on the Florida Intrastate Highway System. The
1535analysis must also demonstrate that the capital improvements
1536required to promote community design are financially feasible
1537over the development or redevelopment timeframe for the district
1538and that community design features within the district provide
1539convenient interconnection for a multimodal transportation
1540system.  Local governments may issue development permits in
1541reliance upon all planned community design capital improvements
1542that are financially feasible over the development or
1543redevelopment timeframe for the district, without regard to the
1544period of time between development or redevelopment and the
1545scheduled construction of the capital improvements.  A
1546determination of financial feasibility shall be based upon
1547currently available funding or funding sources that could
1548reasonably be expected to become available over the planning
1549period.
1550     (d)  Local governments may reduce impact fees or local
1551access fees for development within multimodal transportation
1552districts based on the reduction of vehicle trips per household
1553or vehicle miles of travel expected from the development pattern
1554planned for the district.
1555     (16)(a)  It is the intent of the Legislature to provide a
1556method by which the impacts of development on transportation
1557facilities can be mitigated by the cooperative efforts of the
1558public and private sectors through the use of proportionate-
1559share mitigation contributions for development impacts on
1560transportation facilities.
1561     (b)  By December 1, 2007, each local government shall adopt
1562by ordinance a transportation concurrency management system that
1563shall include a methodology for assessing proportionate-share
1564mitigation options. By December 1, 2005, the Department of
1565Transportation shall develop model transportation concurrency
1566management ordinances with alternative methodologies for
1567assessing proportionate-share mitigation options. The
1568transportation concurrency management ordinances may assess
1569concurrency impact areas by district or systemwide.
1570     (c)  By December 1, 2006, the Department of Transportation
1571shall develop a process and uniform methodology for determining
1572proportionate-share mitigation contributions for developments
1573impacts to transportation facilities included in the Strategic
1574Intermodal System. The department shall consult with local
1575governments regarding the methodologies for impacts on
1576transportation corridors.
1577     (d)  Transportation facilities concurrency shall be
1578satisfied if the developer executes a legally binding commitment
1579that provides proportionate-share mitigation contributions
1580proportionate to the demand for transportation facilities to be
1581created by actual development of the property. This may include,
1582but shall not be limited to , the options for mitigation
1583established in the transportation element or traffic circulation
1584element. Appropriate transportation mitigation contribution may
1585include public or private funds; the contribution of right-of-
1586way; the construction of a transportation facility or payment
1587for the right-of-way or construction of a transportation
1588facility or service; or the provision of transit service. Such
1589options shall include execution of an enforceable development
1590agreement for project to be funded by a developer. Developer's
1591proportionate-share mitigation contributions shall be used to
1592satisfy the transportation concurrency requirements of this
1593section and may be applied as a credit against impact fees.
1594     (e)  Approval of a development agreement shall not be
1595unreasonably withheld by the local government. Any dispute shall
1596be resolved through mediation or other alternative dispute
1597resolution.
1598     (f)  A local government may not require a development to
1599contribute more than its proportionate-share mitigation
1600regardless of the method of mitigation.
1601     (g)  The local government shall  notify the Department of
1602Transportation of all proportionate-share mitigation
1603contributions made for impacts on the transportation facilities
1604included in the Strategic Intermodal System. In addition, the
1605Department of Transportation is not authorized to arbitrarily
1606charge a fee or require additional mitigation from a developer.
1607     (h)  Local governments may create mitigation banks for
1608transportation facilities within its local government
1609comprehensive plan to assist with the concurrency provisions of
1610this section.
1611     (i)  The provisions of this subsection shall not apply to a
1612development of regional impact using the provisions of s.
1613163.3180(12).
1614     (17)  Concurrency requirements imposed by a local
1615comprehensive plan, a local government's land development
1616regulations, and s. 380.06, shall be satisfied if a developer
1617enters into a legally binding commitment to provide mitigation
1618proportionate to the impact of the development on parks and
1619recreation and stormwater. A local government may not require a
1620development to pay more than its proportionate-share mitigation
1621regardless of the method mitigation.
1622     Section 6.  Paragraph (b) of subsection (1), subsection
1623(4), and paragraph (a) of subsection (6) of section 163.3184,
1624Florida Statutes, are amended to read:
1625     163.3184  Process for adoption of comprehensive plan or
1626plan amendment.--
1627     (1)  DEFINITIONS.--As used in this section, the term:
1628     (b)  "In compliance" means consistent with the requirements
1629of s. ss. 163.3177, 163.31776, when a local government adopts an
1630educational facilities element, 163.3178, 163.3180, 163.3191,
1631and 163.3245, with the state comprehensive plan, with the
1632appropriate strategic regional policy plan, and with chapter 9J-
16335, Florida Administrative Code, where such rule is not
1634inconsistent with this part and with the principles for guiding
1635development in designated areas of critical state concern and
1636with part III of chapter 369, where applicable.
1637     (4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
1638specified in paragraph (3)(a) shall provide comments to the
1639state land planning agency within 30 days after receipt by the
1640state land planning agency of the complete proposed plan
1641amendment. If the plan or plan amendment includes or relates to
1642the public school facilities element pursuant to s. 163.3177
1643163.31776, the state land planning agency shall submit a copy to
1644the Office of Educational Facilities of the Commissioner of
1645Education for review and comment. The appropriate regional
1646planning council shall also provide its written comments to the
1647state land planning agency within 30 days after receipt by the
1648state land planning agency of the complete proposed plan
1649amendment and shall specify any objections, recommendations for
1650modifications, and comments of any other regional agencies to
1651which the regional planning council may have referred the
1652proposed plan amendment. Written comments submitted by the
1653public within 30 days after notice of transmittal by the local
1654government of the proposed plan amendment will be considered as
1655if submitted by governmental agencies. All written agency and
1656public comments must be made part of the file maintained under
1657subsection (2).
1658     (6)  STATE LAND PLANNING AGENCY REVIEW.--
1659     (a)  The state land planning agency may shall review a
1660proposed plan amendment upon request of a regional planning
1661council, affected person, or local government transmitting the
1662plan amendment. The request from the regional planning council
1663or affected person must be received within 30 days after
1664transmittal of the proposed plan amendment pursuant to
1665subsection (3). A regional planning council or affected person
1666requesting a review shall do so by submitting a written request
1667to the agency with a notice of the request to the local
1668government and any other person who has requested notice.
1669     Section 7.  Paragraphs (c) and (l) of subsection (1) of
1670section 163.3187, Florida Statutes, are amended, and paragraph
1671(o) is added to said subsection, to read:
1672     163.3187  Amendment of adopted comprehensive plan.--
1673     (1)  Amendments to comprehensive plans adopted pursuant to
1674this part may be made not more than two times during any
1675calendar year, except:
1676     (c)  Any local government comprehensive plan amendments
1677directly related to proposed small scale development activities
1678may be approved without regard to statutory limits on the
1679frequency of consideration of amendments to the local
1680comprehensive plan. A small scale development amendment may be
1681adopted only under the following conditions:
1682     1.  The proposed amendment involves a use of 10 acres or
1683fewer and:
1684     a.  The cumulative annual effect of the acreage for all
1685small scale development amendments adopted by the local
1686government shall not exceed:
1687     (I)  A maximum of 120 acres in a local government that
1688contains areas specifically designated in the local
1689comprehensive plan for urban infill, urban redevelopment, or
1690downtown revitalization as defined in s. 163.3164, urban infill
1691and redevelopment areas designated under s. 163.2517,
1692transportation concurrency exception areas approved pursuant to
1693s. 163.3180(5), or regional activity centers and urban central
1694business districts approved pursuant to s. 380.06(2)(e);
1695however, amendments under this paragraph may be applied to no
1696more than 60 acres annually of property outside the designated
1697areas listed in this sub-sub-subparagraph. Amendments adopted
1698pursuant to paragraph (k) shall not be counted toward the
1699acreage limitations for small scale amendments under this
1700paragraph.
1701     (II)  A maximum of 80 acres in a local government that does
1702not contain any of the designated areas set forth in sub-sub-
1703subparagraph (I).
1704     (III)  A maximum of 120 acres in a county established
1705pursuant to s. 9, Art. VIII of the State Constitution.
1706     b.  The proposed amendment does not involve the same
1707property granted a change within the prior 12 months.
1708     c.  The proposed amendment does not involve the same
1709owner's property within 200 feet of property granted a change
1710within the prior 12 months.
1711     d.  The proposed amendment does not involve a text change
1712to the goals, policies, and objectives of the local government's
1713comprehensive plan, but only proposes a land use change to the
1714future land use map for a site-specific small scale development
1715activity.
1716     e.  The property that is the subject of the proposed
1717amendment is not located within an area of critical state
1718concern, unless the project subject to the proposed amendment
1719involves the construction of affordable housing units meeting
1720the criteria of s. 420.0004(3), and is located within an area of
1721critical state concern designated by s. 380.0552 or by the
1722Administration Commission pursuant to s. 380.05(1). Such
1723amendment is not subject to the density limitations of sub-
1724subparagraph f., and shall be reviewed by the state land
1725planning agency for consistency with the principles for guiding
1726development applicable to the area of critical state concern
1727where the amendment is located and shall not become effective
1728until a final order is issued under s. 380.05(6).
1729     f.  If the proposed amendment involves a residential land
1730use, the residential land use has a density of 10 units or less
1731per acre, except that this limitation does not apply to small
1732scale amendments involving the construction of affordable
1733housing units meeting the criteria of s. 420.0004(3) on property
1734which will be the subject of a land use restriction agreement or
1735extended use agreement recorded in conjunction with the issuance
1736of tax exempt bond financing or an allocation of federal tax
1737credits issued through the Florida Housing Finance Corporation
1738or a local housing finance authority authorized by the Division
1739of Bond Finance of the State Board of Administration, or small
1740scale amendments described in sub-sub-subparagraph a.(I) that
1741are designated in the local comprehensive plan for urban infill,
1742urban redevelopment, or downtown revitalization as defined in s.
1743163.3164, urban infill and redevelopment areas designated under
1744s. 163.2517, transportation concurrency exception areas approved
1745pursuant to s. 163.3180(5), or regional activity centers and
1746urban central business districts approved pursuant to s.
1747380.06(2)(e).
1748     2.a.  A local government that proposes to consider a plan
1749amendment pursuant to this paragraph is not required to comply
1750with the procedures and public notice requirements of s.
1751163.3184(15)(c) for such plan amendments if the local government
1752complies with the provisions in s. 125.66(4)(a) for a county or
1753in s. 166.041(3)(c) for a municipality. If a request for a plan
1754amendment under this paragraph is initiated by other than the
1755local government, public notice is required.
1756     b.  The local government shall send copies of the notice
1757and amendment to the state land planning agency, the regional
1758planning council, and any other person or entity requesting a
1759copy. This information shall also include a statement
1760identifying any property subject to the amendment that is
1761located within a coastal high hazard area as identified in the
1762local comprehensive plan.
1763     3.  Small scale development amendments adopted pursuant to
1764this paragraph require only one public hearing before the
1765governing board, which shall be an adoption hearing as described
1766in s. 163.3184(7), and are not subject to the requirements of s.
1767163.3184(3)-(6) unless the local government elects to have them
1768subject to those requirements.
1769     (l)  A comprehensive plan amendment to adopt a public
1770educational facilities element pursuant to s. 163.3177 163.31776
1771and future land-use-map amendments for school siting may be
1772approved notwithstanding statutory limits on the frequency of
1773adopting plan amendments.
1774     (o)1.  For municipalities that are more than 90 percent
1775built-out, any municipality's comprehensive plan amendments may
1776be approved without regard to statutory limits on the frequency
1777of consideration of amendments to the local comprehensive plan
1778only if the proposed amendment involves a use of 100 acres or
1779fewer and:
1780     a.  The cumulative annual effect of the acreage for all
1781amendments adopted pursuant to this paragraph does not exceed
1782500 acres.
1783     b.  The proposed amendment does not involve the same
1784property granted a change within the prior 12 months.
1785     c.  The proposed amendment does not involve the same
1786owner's property within 200 feet of property granted a change
1787within the prior 12 months.
1788     d.  The proposed amendment does not involve a text change
1789to the goals, policies, and objectives of the local government's
1790comprehensive plan but only proposes a land use change to the
1791future land use map for a site-specific small scale development
1792activity.
1793     e.  The property that is the subject of the proposed
1794amendment is not located within an area of critical state
1795concern.
1796     2.  For purposes of this paragraph, the term "built-out"
1797means 90 percent of the property within the municipality's
1798boundaries, excluding lands that are designated as conservation,
1799preservation, recreation, or public facilities categories, have
1800been developed, or are the subject of an approved development
1801order that has received a building permit, and the municipality
1802has an average density of 5 units per acre for residential
1803development.
1804     3.a.  A local government that proposes to consider a plan
1805amendment pursuant to this paragraph is not required to comply
1806with the procedures and public notice requirements of s.
1807163.3184(15)(c) for such plan amendments if the local government
1808complies with the provisions of s. 166.041(3)(c). If a request
1809for a plan amendment under this paragraph is initiated by other
1810than the local government, public notice is required.
1811     b.  The local government shall send copies of the notice
1812and amendment to the state land planning agency, the regional
1813planning council, and any other person or entity requesting a
1814copy. This information shall also include a statement
1815identifying any property subject to the amendment that is
1816located within a coastal high hazard area as identified in the
1817local comprehensive plan.
1818     4.  Amendments adopted pursuant to this paragraph require
1819only one public hearing before the governing board, which shall
1820be an adoption hearing as described in s. 163.3184(7), and are
1821not subject to the requirements of s. 163.3184(3)-(6) unless the
1822local government elects to have them subject to those
1823requirements.
1824     5.  This paragraph shall not apply if a municipality
1825annexes unincorporated property that decreases the percentage of
1826build-out to an amount below 90 percent.
1827     5.  A municipality shall notify the state land planning
1828agency in writing of its built-out percentage prior to the
1829submission of any comprehensive plan amendments under this
1830subsection.
1831     Section 8.  Subsections (2) and (10) of section 163.3191,
1832Florida Statutes, are amended to read:
1833     163.3191  Evaluation and appraisal of comprehensive plan.--
1834     (2)  The report shall present an evaluation and assessment
1835of the comprehensive plan and shall contain appropriate
1836statements to update the comprehensive plan, including, but not
1837limited to, words, maps, illustrations, or other media, related
1838to:
1839     (a)  Population growth and changes in land area, including
1840annexation, since the adoption of the original plan or the most
1841recent update amendments.
1842     (b)  The extent of vacant and developable land.
1843     (c)  The financial feasibility of implementing the
1844comprehensive plan and of providing needed infrastructure to
1845achieve and maintain adopted level-of-service standards and
1846sustain concurrency management systems through the capital
1847improvements element, as well as the ability to address
1848infrastructure backlogs and meet the demands of growth on public
1849services and facilities.
1850     (d)  The location of existing development in relation to
1851the location of development as anticipated in the original plan,
1852or in the plan as amended by the most recent evaluation and
1853appraisal report update amendments, such as within areas
1854designated for urban growth.
1855     (e)  An identification of the major issues for the
1856jurisdiction and, where pertinent, the potential social,
1857economic, and environmental impacts.
1858     (f)  Relevant changes to the state comprehensive plan, the
1859requirements of this part, the minimum criteria contained in
1860chapter 9J-5, Florida Administrative Code, and the appropriate
1861strategic regional policy plan since the adoption of the
1862original plan or the most recent evaluation and appraisal report
1863update amendments.
1864     (g)  An assessment of whether the plan objectives within
1865each element, as they relate to major issues, have been
1866achieved.  The report shall include, as appropriate, an
1867identification as to whether unforeseen or unanticipated changes
1868in circumstances have resulted in problems or opportunities with
1869respect to major issues identified in each element and the
1870social, economic, and environmental impacts of the issue.
1871     (h)  A brief assessment of successes and shortcomings
1872related to each element of the plan.
1873     (i)  The identification of any actions or corrective
1874measures, including whether plan amendments are anticipated to
1875address the major issues identified and analyzed in the report.  
1876Such identification shall include, as appropriate, new
1877population projections, new revised planning timeframes, a
1878revised future conditions map or map series, an updated capital
1879improvements element, and any new and revised goals, objectives,
1880and policies for major issues identified within each element.  
1881This paragraph shall not require the submittal of the plan
1882amendments with the evaluation and appraisal report.
1883     (j)  A summary of the public participation program and
1884activities undertaken by the local government in preparing the
1885report.
1886     (k)  The coordination of the comprehensive plan with
1887existing public schools and those identified in the applicable
1888educational facilities plan adopted pursuant to s. 1013.35. The
1889assessment shall address, where relevant, the success or failure
1890of the coordination of the future land use map and associated
1891planned residential development with public schools and their
1892capacities, as well as the joint decisionmaking processes
1893engaged in by the local government and the school board in
1894regard to establishing appropriate population projections and
1895the planning and siting of public school facilities. For those
1896counties or municipalities that do not have a public schools
1897interlocal agreement or public school facility element, the
1898assessment shall determine whether the local government
1899continues to meet the criteria of s. 163.3177(12). If the county
1900or municipality determines that it no longer meets the criteria,
1901it must adopt appropriate school concurrency goals, objectives,
1902and policies in its plan amendments pursuant to the requirements
1903of the public school facility element, and enter into the
1904existing interlocal agreement required by ss. 163.3177(6)(h)2.
1905and 163.31777 in order to fully participate in the school
1906concurrency system. If the issues are not relevant, the local
1907government shall demonstrate that they are not relevant.
1908     (l)  The extent to which the local government has been
1909successful in identifying alternative water supply projects and
1910traditional water supply projects, including conservation and
1911reuse, necessary to meet the water needs identified in s.
1912373.0361(2)(a) within the local government's jurisdiction. The
1913report must evaluate the degree to which the local government
1914has implemented the work plan for building public, private, and
1915regional water supply facilities, including development of
1916alternative water supplies, The evaluation must consider the
1917appropriate water management district's regional water supply
1918plan approved pursuant to s. 373.0361. The potable water element
1919must be revised to include a work plan, covering at least a 10-
1920year planning period, for building any water supply facilities
1921that are identified in the element as necessary to serve
1922existing and new development and for which the local government
1923is responsible.
1924     (m)  If any of the jurisdiction of the local government is
1925located within the coastal high-hazard area, an evaluation of
1926whether any past reduction in land use density impairs the
1927property rights of current residents when redevelopment occurs,
1928including, but not limited to, redevelopment following a natural
1929disaster. The property rights of current residents shall be
1930balanced with public safety considerations. The local government
1931must identify strategies to address redevelopment feasibility
1932and the property rights of affected residents. These strategies
1933may include the authorization of redevelopment up to the actual
1934built density in existence on the property prior to the natural
1935disaster or redevelopment.
1936     (n)  An assessment of whether the criteria adopted pursuant
1937to s. 163.3177(6)(a) were successful in achieving compatibility
1938with military installations.
1939     (o)  The extent to which a concurrency exception area
1940designated pursuant to s. 163.3180(5), a concurrency management
1941area designated pursuant to s. 163.3180(7), or a multimodal
1942transportation district designated pursuant to s. 163.3180(15)
1943has achieved the purpose for which it was created and otherwise
1944complies with the provisions of s. 163.3180.
1945     (p)  An assessment of the extent to which changes are
1946needed to develop a common methodology for measuring impacts on
1947transportation facilities for the purpose of implementing its
1948concurrency management system in coordination with the
1949municipalities and counties, as appropriate pursuant to s.
1950163.3180(10).
1951     (10)  The governing body shall amend its comprehensive plan
1952based on the recommendations in the report and shall update the
1953comprehensive plan based on the components of subsection (2),
1954pursuant to the provisions of ss. 163.3184, 163.3187, and
1955163.3189.  Amendments to update a comprehensive plan based on
1956the evaluation and appraisal report shall be adopted within 18
1957months after the report is determined to be sufficient by the
1958state land planning agency, except the state land planning
1959agency may grant an extension for adoption of a portion of such
1960amendments.  The state land planning agency may grant a 6-month
1961extension for the adoption of such amendments if the request is
1962justified by good and sufficient cause as determined by the
1963agency.  An additional extension may also be granted if the
1964request will result in greater coordination between
1965transportation and land use, for the purposes of improving
1966Florida's transportation system, as determined by the agency in
1967coordination with the Metropolitan Planning Organization
1968program. Beginning July 1, 2006, failure to timely transmit
1969update amendments to the comprehensive plan based on the
1970evaluation and appraisal report shall result in a local
1971government being prohibited from adopting amendments to the
1972comprehensive plan until the evaluation and appraisal report
1973update amendments have been transmitted to the state land
1974planning agency. The prohibition on plan amendments shall
1975commence when the update amendments to the comprehensive plan
1976are past due. The comprehensive plan as amended shall be in
1977compliance as defined in s. 163.3184(1)(b). Within 6 months
1978after the effective date of the update amendments to the
1979comprehensive plan, the local government shall provide to the
1980state land planning agency and to all agencies designated by
1981rule a complete copy of the updated comprehensive plan.
1982     Section 9.  Paragraph (b) of subsection (4) of section
1983339.135, Florida Statutes, is amended to read:
1984     339.135  Work program; legislative budget request;
1985definitions; preparation, adoption, execution, and amendment.--
1986     (4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
1987     (b)1.  A tentative work program, including the ensuing
1988fiscal year and the successive 4 fiscal years, shall be prepared
1989for the State Transportation Trust Fund and other funds managed
1990by the department, unless otherwise provided by law.  The
1991tentative work program shall be based on the district work
1992programs and shall set forth all projects by phase to be
1993undertaken during the ensuing fiscal year and planned for the
1994successive 4 fiscal years. The total amount of the liabilities
1995accruing in each fiscal year of the tentative work program may
1996not exceed the revenues available for expenditure during the
1997respective fiscal year based on the cash forecast for that
1998respective fiscal year.
1999     2.  The tentative work program shall be developed in
2000accordance with the Florida Transportation Plan required in s.
2001339.155 and must comply with the program funding levels
2002contained in the program and resource plan.
2003     3.  The department may include in the tentative work
2004program proposed changes to the programs contained in the
2005previous work program adopted pursuant to subsection (5);
2006however, the department shall minimize changes and adjustments
2007that affect the scheduling of project phases in the 4 common
2008fiscal years contained in the previous adopted work program and
2009the tentative work program.  The department, in the development
2010of the tentative work program, shall advance by 1 fiscal year
2011all projects included in the second year of the previous year's
2012adopted work program, unless the secretary specifically
2013determines that it is necessary, for specific reasons, to
2014reschedule or delete one or more projects from that year.  Such
2015changes and adjustments shall be clearly identified, and the
2016effect on the 4 common fiscal years contained in the previous
2017adopted work program and the tentative work program shall be
2018shown.  It is the intent of the Legislature that the first 5
2019years of the adopted work program for facilities designated as
2020part of the Florida Intrastate Highway System and the first 3
2021years of the adopted work program stand as the commitment of the
2022state to undertake transportation projects that local
2023governments may rely on for planning and concurrency purposes
2024and in the development and amendment of the capital improvements
2025elements of their local government comprehensive plans.
2026     4.  The tentative work program must include a balanced 36-
2027month forecast of cash and expenditures and a 5-year finance
2028plan supporting the tentative work program.
2029     Section 10.  The Office of Program Policy Analysis and
2030Government Accountability shall perform a study on adjustments
2031to the boundaries of Florida Regional Planning Councils, Florida
2032Water Management Districts, and Department of Transportation
2033Districts. The purpose of this study is to organize these
2034regional boundaries, without eliminating any regional agency, to
2035be more coterminous with one another, creating a more unified
2036system of regional boundaries. This study must be completed by
2037December 31, 2005, and submitted to the President of the Senate,
2038the Speaker of the House of Representatives, and the Governor by
2039January 15, 2006.
2040     Section 11.  Section 163.3247, Florida Statutes, is created
2041to read:
2042     163.3247  Century Commission for a Sustainable Florida.--
2043     (1)  POPULAR NAME.--This section may be cited as the
2044"Century Commission for a Sustainable Florida Act."
2045     (2)  FINDINGS AND INTENT.--The Legislature finds and
2046declares that the population of this state is expected to more
2047than double over the next 100 years, with commensurate impacts
2048to the state's natural resources and public infrastructure.
2049Consequently, it is in the best interests of the people of the
2050state to ensure sound planning for the proper placement of this
2051growth and protection of the state's land, water, and other
2052natural resources since such resources are essential to our
2053collective quality of life and a strong economy. The state's
2054growth management system should foster economic stability
2055through regional solutions and strategies, urban renewal and
2056infill, and the continued viability of agricultural economies,
2057while allowing for rural economic development and protecting the
2058unique characteristics of rural areas, and should reduce the
2059complexity of the regulatory process while carrying out the
2060intent of the laws and encouraging greater citizen
2061participation.
2062     (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
2063CREATION; ORGANIZATION.--The Century Commission for a
2064Sustainable Florida is created as a standing body to help the
2065citizens of this state envision and plan their collective future
2066with an eye towards both 20-year and 50-year horizons.
2067     (a)  The commission shall consist of fifteen members, five
2068appointed by the Governor, five appointed by the President of
2069the Senate, and five appointed by the Speaker of the House of
2070Representatives. Appointments shall be made no later than
2071October 1, 2005. The membership must represent local
2072governments, school boards, developers and homebuilders, the
2073business community, the agriculture community, the environmental
2074community, and other appropriate stakeholders. One member shall
2075be designated by the Governor as chair of the commission. Any
2076vacancy that occurs on the commission must be filled in the same
2077manner as the original appointment and shall be for the
2078unexpired term of that commission seat. Members shall serve 4-
2079year terms, except that, initially, to provide for staggered
2080terms, three of the appointees, one each by the Governor, the
2081President of the Senate, and the Speaker of the House of
2082Representatives, shall serve 2-year terms, three shall serve 3-
2083year terms, and three shall serve 4-year terms. All subsequent
2084appointments shall be for 4-year terms. An appointee may not
2085serve more than 6 years.
2086     (b)  The first meeting of the commission shall be held no
2087later than December 1, 2005, and shall meet at the call of the
2088chair but not less frequently than three times per year in
2089different regions of the state to solicit input from the public
2090or any other individuals offering testimony relevant to the
2091issues to be considered.
2092     (c)  Each member of the commission is entitled to one vote
2093and actions of the commission are not binding unless taken by a
2094three-fifths vote of the members present. A majority of the
2095members is required to constitute a quorum, and the affirmative
2096vote of a quorum is required for a binding vote.
2097     (d)  Members of the commission shall serve without
2098compensation but shall be entitled to receive per diem and
2099travel expenses in accordance with s. 112.061 while in
2100performance of their duties.
2101     (4)  POWERS AND DUTIES.--The commission shall:
2102     (a)  Annually conduct a process through which the
2103commission envisions the future for the state and then develops
2104and recommends policies, plans, action steps, or strategies to
2105assist in achieving the vision.
2106     (b)  Continuously review and consider statutory and
2107regulatory provisions, governmental processes, and societal and
2108economic trends in its inquiry of how state, regional, and local
2109governments and entities and citizens of this state can best
2110accommodate projected increased populations while maintaining
2111the natural, historical, cultural, and manmade life qualities
2112that best represent the state.
2113     (c)  Bring together people representing varied interests to
2114develop a shared image of the state and its developed and
2115natural areas. The process should involve exploring the impact
2116of the estimated population increase and other emerging trends
2117and issues; creating a vision for the future; and developing a
2118strategic action plan to achieve that vision using 20-year and
211950-year intermediate planning timeframes.
2120     (d)  Focus on essential state interests, defined as those
2121interests that transcend local or regional boundaries and are
2122most appropriately conserved, protected, and promoted at the
2123state level.
2124     (e)  Serve as an objective, nonpartisan repository of
2125exemplary community-building ideas and as a source to recommend
2126strategies and practices to assist others in working
2127collaboratively to problem solve on issues relating to growth
2128management.
2129     (f)  Annually, beginning January 16, 2007, and every year
2130thereafter on the same date, provide to the Governor, the
2131President of the Senate, and the Speaker of the House of
2132Representatives a written report containing specific
2133recommendations for addressing growth management in the state,
2134including executive and legislative recommendations. Further,
2135the report shall contain discussions regarding the need for
2136intergovernmental cooperation and the balancing of environmental
2137protection and future development and recommendations on issues,
2138including, but not limited to, recommendations regarding
2139dedicated sources of funding for sewer facilities, water supply
2140and quality, transportation facilities that are not adequately
2141addressed by the Strategic Intermodal System, and educational
2142infrastructure to support existing development and projected
2143population growth.
2144     (g)  Beginning with the 2007 Regular Session of the
2145Legislature, the President of the Senate and Speaker of the
2146House of Representatives shall create a joint select committee,
2147the task of which shall be to review the findings and
2148recommendations of the Century Commission for a Sustainable
2149Florida for potential action.
2150     (5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
2151     (a)  The Secretary of Community Affairs shall select an
2152executive director of the commission, and the executive director
2153shall serve at the pleasure of the secretary under the
2154supervision and control of the commission.
2155     (b)  The Department of Community Affairs shall provide
2156staff and other resources necessary to accomplish the goals of
2157the commission based upon recommendations of the Governor.
2158     (c)  All agencies under the control of the Governor are
2159directed, and all other agencies are requested, to render
2160assistance to, and cooperate with, the commission.
2161     Section 12.  Subsection (3) of section 215.211, Florida
2162Statutes, is amended to read:
2163     215.211  Service charge; elimination or reduction for
2164specified proceeds.--
2165     (3)  Notwithstanding the provisions of s. 215.20(1), the
2166service charge provided in s. 215.20(1), which is deducted from
2167the proceeds of the local option fuel tax distributed under s.
2168336.025, shall be reduced as follows:
2169     (a)  For the period July 1, 2005, through June 30, 2006,
2170the rate of the service charge shall be 3.5 percent.
2171     (b)  Beginning July 1, 2006, and thereafter, no service
2172charge shall be deducted from the proceeds of the local option
2173fuel tax distributed under s. 336.025.
2174
2175The increased revenues derived from this subsection shall be
2176deposited in the State Transportation Trust Fund and used to
2177fund the Transportation Incentive Program for a Sustainable
2178Florida County Incentive Grant Program and the Small County
2179Outreach Program. Up to 20 percent of such funds shall be used
2180for the purpose of implementing the Small County Outreach
2181Program created pursuant to s. 339.2818 as provided in this act.
2182Notwithstanding any other laws to the contrary, the requirements
2183of ss. 339.135, 339.155, and 339.175 shall not apply to these
2184funds and programs.
2185     Section 13.  Section 339.28171, Florida Statutes, is
2186created to read:
2187     339.28171  Transportation Incentive Program for a
2188Sustainable Florida.--
2189     (1)  There is created within the Department of
2190Transportation a Transportation Incentive Program for a
2191Sustainable Florida, which may be cited as TRIP for a
2192Sustainable Florida, for the purpose of providing grants to
2193local governments to improve a transportation facility or system
2194which addresses an identified concurrency management system
2195backlog or relieve traffic congestion in urban infill and
2196redevelopment areas. Bridge projects off of the State Highway
2197System are eligible to receive funding from this program.
2198     (2)  To be eligible for consideration, projects must be
2199consistent with local government comprehensive plans, the
2200transportation improvement program of the applicable
2201metropolitan organization, and the Strategic Intermodal System
2202plan developed in accordance with s. 339.64.
2203     (3)  The funds shall be distributed by the department to
2204each district in accordance with the statutory formula pursuant
2205to s. 339.135(4). The district secretary shall use the following
2206criteria to evaluate the project applications:
2207     (a)  The level of local government funding efforts.
2208     (b)  The level of local, regional, or private financial
2209matching funds as a percentage of the overall project cost.
2210     (c)  The ability of local government to rapidly address
2211project construction.
2212     (d)  The level of municipal and county agreement on the
2213scope of the proposed project.
2214     (e)  Whether the project is located within and supports the
2215objectives of an urban infill area, a community redevelopment
2216area, an urban redevelopment area, or a concurrency management
2217area.
2218     (f)  The extent to which the project would foster public-
2219private partnerships and investment.
2220     (g)  The extent to which the project protects
2221environmentally sensitive areas.
2222     (h)  The extent to which the project would support urban
2223mobility, including public transit systems, the use of new
2224technologies, and the provision of bicycle facilities or
2225pedestrian pathways.
2226     (i)  The extent to which the project implements a regional
2227transportation plan developed in accordance with s.
2228339.155(2)(c), (d), and (e).
2229     (j)  Whether the project is subject to a local ordinance
2230that establishes corridor management techniques, including
2231access management strategies, right-of-way acquisition and
2232protection measures, appropriate land use strategies, zoning,
2233and setback requirements for adjacent land uses.
2234     (k)  Whether or not the local government has adopted a
2235vision pursuant to s. 163.3167(11) either prior to or after the
2236effective date of this act.
2237     (4)  As part of the project application, the local
2238government shall demonstrate how the proposed project implements
2239a capital improvement element and a long-term transportation
2240concurrency system, if applicable, to address the existing
2241capital improvement element backlogs.
2242     (5)  The percentage of matching funds available to
2243applicants shall be based on the following:
2244     (a)  For projects that provide capacity on the Strategic
2245Intermodal System, the percentage shall be 35 percent.
2246     (b)  For projects that provide capacity on regionally
2247significant transportation facilities identified in s.
2248339.155(2)(c), (d), and (e), the percentage shall be 50 percent
2249or up to 50 percent of the nonfederal share of the eligible
2250project costs for a public transportation facility project. For
2251off-system bridges, the percentage match shall be 50 percent.
2252Projects to be funded pursuant to this paragraph shall, at a
2253minimum meet the following additional criteria:
2254     1.  Support those transportation facilities that serve
2255national, statewide, or regional functions and function as an
2256integrated regional transportation system.
2257     2.  Be identified in the capital improvements element of a
2258comprehensive plan that has been determined to be in compliance
2259with part II of chapter 163, after the effective date of this
2260act, or to implement a long-term concurrency management system
2261adopted a local government in accordance with s. 163.3177(9).
2262     3.  Provide connectivity to the Strategic Intermodal System
2263designated pursuant to s. 339.64.
2264     4.  Support economic development and the movement of goods
2265in areas of critical economic concern designated pursuant to s.
2266288.0656(7).
2267     5.  Improve connectivity between military installations and
2268the Strategic Highway Network or the Strategic Rail Corridor
2269Network.
2270     6.  For off-system bridge projects to replace,
2271rehabilitate, paint, or install scour countermeasures to highway
2272bridges located on public roads, other than those on a federal-
2273aid highway, such projects shall, at a minimum:
2274     a.  Be classified as a structurally deficient bridge with a
2275poor condition rating for either the deck, superstructure, or
2276substructure component, or culvert.
2277     b.  Have a sufficiency rating of 35 or below.
2278     c.  Have average daily traffic of at least 500 vehicles.
2279
2280Special consideration shall be given to bridges that are closed
2281to all traffic or that have a load restriction of less than 10
2282tons.
2283     (c)  For local projects that demonstrate capacity
2284improvements in the urban service boundary, urban infill, or
2285urban redevelopment area or provide such capacity replacement to
2286the Strategic Intermodal System or regionally significant
2287facilities, the percentage shall be 65 percent.
2288     (6)  The department may administer contracts at the request
2289of a local government selected to receive funding for a project
2290under this section. All projects funded under this section shall
2291be included in the department's work program developed pursuant
2292to s. 339.135.
2293     Section 14.  Section 337.107, Florida Statutes, is amended
2294to read:
2295     337.107  Contracts for right-of-way services.--The
2296department may enter into contracts pursuant to s. 287.055 for
2297right-of-way services on transportation corridors and
2298transportation facilities, or the department may include right-
2299of-way services as part of design-build contracts awarded under
2300s. 337.11. Right-of-way services include negotiation and
2301acquisition services, appraisal services, demolition and removal
2302of improvements, and asbestos-abatement services.
2303     Section 15.  Effective July 1, 2007, section 337.107,
2304Florida Statutes, as amended by this act is amended to read:
2305     337.107  Contracts for right-of-way services.--The
2306department may enter into contracts pursuant to s. 287.055 for
2307right-of-way services on transportation corridors and
2308transportation facilities, or the department may include right-
2309of-way services as part of design-build contracts awarded under
2310s. 337.11. Right-of-way services include negotiation and
2311acquisition services, appraisal services, demolition and removal
2312of improvements, and asbestos-abatement services.
2313     Section 16.  Paragraph (a) of subsection (7) of section
2314337.11, Florida Statutes, is amended to read:
2315     337.11  Contracting authority of department; bids;
2316emergency repairs, supplemental agreements, and change orders;
2317combined design and construction contracts; progress payments;
2318records; requirements of vehicle registration.--
2319     (7)(a)  If the head of the department determines that it is
2320in the best interests of the public, the department may combine
2321the right-of-way services and  design and construction phases of
2322any a building, a major bridge, a limited access facility, or a
2323rail corridor project into a single contract, except for a
2324resurfacing or minor bridge project, the right-of-way services
2325and design and construction phases of which may be combined
2326under s. 337.025. Such contract is referred to as a design-build
2327contract. Design-build contracts may be advertised and awarded
2328notwithstanding the requirements of paragraph (3)(c). However,
2329construction activities may not begin on any portion of such
2330projects until title to the necessary rights-of-way and
2331easements for the construction of that portion of the project
2332has vested in the state or a local governmental entity and all
2333railroad crossing and utility agreements have been executed.
2334Title to rights-of-way vests in the state when the title has
2335been dedicated to the public or acquired by prescription.
2336     Section 17.  Effective July 1, 2007, paragraph (a) of
2337subsection (7) of section 337.11, Florida Statutes, as amended
2338by this act, is amended to read:
2339     337.11  Contracting authority of department; bids;
2340emergency repairs, supplemental agreements, and change orders;
2341combined design and construction contracts; progress payments;
2342records; requirements of vehicle registration.--
2343     (7)(a)  If the head of the department determines that it is
2344in the best interests of the public, the department may combine
2345the right-of-way services and design and construction phases of
2346a building, a major bridge, a limited access facility, or a rail
2347corridor any project into a single contract, except for a
2348resurfacing or minor bridge project, the right-of-way services
2349and design and construction phase of which may be combined under
2350s. 337.025. Such contract is referred to as a design-build
2351contract. Design-build contracts may be advertised and awarded
2352notwithstanding the requirements of paragraph (3)(c). However,
2353construction activities may not begin on any portion of such
2354projects  for which the department has not yet obtained title to
2355the necessary rights-of-way and easements for the construction
2356of that portion of the project has vested in the state or a
2357local governmental entity and all railroad crossing and utility
2358agreements have been executed. Title to rights-of-way shall be
2359deemed to have vested in the state when the title has been
2360dedicated to the public or acquired by prescription.
2361     Section 18.  Section 373.19615, Florida Statutes, is
2362created to read:
2363     373.19615  Florida's Sustainable Water Supplies Program.--
2364     (1)  There is hereby created "Florida's Sustainable Water
2365Supplies Program." The Legislature recognizes that alternative
2366water supply projects are more expensive to develop compared to
2367traditional water supply projects. As Florida's population
2368continues to grow, the need for alternative water supplies is
2369also growing as our groundwater supplies in portions of the
2370state are decreasing. Beginning in fiscal year 2005-2006, the
2371state shall annually appropriate $100 million for the purpose of
2372providing funding assistance to local governments for the
2373development of alternative water supply projects. At the
2374beginning of each fiscal year, beginning with fiscal year 2005-
23752006, such revenues shall be distributed to the Department of
2376Environmental Protection. The department shall then distribute
2377the revenues into alternative water supply accounts created by
2378the department for each district for the purpose of alternative
2379water supply development under the following funding formula:
2380     1.  Forty percent to the South Florida Water Management
2381District.
2382     2.  Twenty-five percent to the Southwest Florida Water
2383Management District.
2384     3.  Twenty-five percent to the St. Johns River Water
2385Management District.
2386     4.  Five percent to the Suwannee River Water Management
2387District.
2388     5.  Five percent to the Northwest Florida Water Management
2389District.
2390     (2)  For the purposes of this section, the following
2391definitions shall apply:
2392     (a)  "Alternative water supplies" includes saltwater;
2393brackish surface and groundwater; surface water captured
2394predominantly during wet-weather flows; sources made available
2395through the addition of new storage capacity for surface or
2396groundwater; water that has been reclaimed after one or more
2397public supply, municipal, industrial, commercial, or
2398agricultural uses; stormwater; and any other water supply source
2399that is designated as non-traditional for a water supply
2400planning region in the applicable regional water supply plan
2401developed under s. 373.0361.
2402     (b)  "Capital costs" means planning, design, engineering,
2403and project construction costs.
2404     (c)  "Local government" means any municipality, county,
2405special district, regional water supply authority, or
2406multijurisdictional entity, or an agency thereof, or a
2407combination of two or more of the foregoing acting jointly with
2408an alternative water supply project.
2409     (3)  To be eligible for assistance in funding capital costs
2410of alternative water supply projects under this program, the
2411water management district governing board must select those
2412alternative water supply projects that will receive financial
2413assistance. The water management district governing board shall
2414establish factors to determine project funding.
2415     (a)  Significant weight shall be given to the following
2416factors:
2417     1.  Whether the project provides substantial environmental
2418benefits by preventing or limiting adverse water resource
2419impacts.
2420     2.  Whether the project reduces competition for water
2421supplies.
2422     3.  Whether the project brings about replacement of
2423traditional sources in order to help implement a minimum flow or
2424level or a reservation.
2425     4.  Whether the project will be implemented by a
2426consumptive use permittee that has achieved the targets
2427contained in a goal-based water conservation program approved
2428pursuant to s. 373.227.
2429     5.  The quantity of water supplied by the project as
2430compared to its cost.
2431     6.  Projects in which the construction and delivery to end
2432users of reuse water are major components.
2433     7.  Whether the project will be implemented by a
2434multijurisdictional water supply entity or regional water supply
2435authority.
2436     (b)  Additional factors to be considered in determining
2437project funding shall include:
2438     1.  Whether the project is part of a plan to implement two
2439or more alternative water supply projects, all of which will be
2440operated to produce water at a uniform rate for the participants
2441in a multijurisdictional water supply entity or regional water
2442supply authority.
2443     2.  The percentage of project costs to be funded by the
2444water supplier or water user.
2445     3.  Whether the project proposal includes sufficient
2446preliminary planning and engineering to demonstrate that the
2447project can reasonably be implemented within the timeframes
2448provided in the regional water supply plan.
2449     4.  Whether the project is a subsequent phase of an
2450alternative water supply project underway.
2451     5.  Whether and in what percentage a local government or
2452local government utility is transferring water supply system
2453revenues to the local government general fund in excess of
2454reimbursements for services received from the general fund
2455including direct and indirect costs and legitimate payments in
2456lieu of taxes.
2457     (4)(a)  All projects submitted to the governing board for
2458consideration shall reflect the total cost for implementation.
2459The costs shall be segregated pursuant to the categories
2460described in the definition of capital costs.
2461     (b)  Applicants for projects that receive funding
2462assistance pursuant to this section shall be required to pay 33
24631/3 percent of the project's total capital costs.
2464     (c)  The water management district shall be required to pay
246533 1/3 percent of the project's total capital costs.
2466     (5)  After conducting one or more meetings to solicit
2467public input on eligible projects for implementation of
2468alternative water supply projects, the governing board of each
2469water management district shall select projects for funding
2470assistance based upon the above criteria. The governing board
2471may select a project identified or listed as an alternative
2472water supply development project in the regional water supply
2473plan, or may select an alternative water supply projects not
2474identified or listed in the regional water supply plan but which
2475are consistent with the goals of the plans.
2476     (6)  Once an alternative water supply project is selected
2477by the governing board, the applicant and the water management
2478district must, in writing, each commit to a financial
2479contribution of 33 1/3 percent of the project's total capital
2480costs. The water management district shall then submit a request
2481for distribution of revenues held by the department in the
2482district's alternative water supply account. The request must
2483include the amount of current and projected water demands within
2484the water management district, the additional water made
2485available by the project, the date the water will be made
2486available, and the applicant's and water management district's
2487financial commitment for the alternative water supply project.
2488Upon receipt of a request from a water management district, the
2489department shall determine whether the alternative water supply
2490project meets the department's criteria for financial
2491assistance. The department shall establish factors to determine
2492whether state financial assistance for an alternative water
2493supply project shall be granted.
2494     (a)  Significant weight shall be given to the following
2495factors:
2496     1.  Whether the project provides substantial environmental
2497benefits by preventing or limiting adverse water resource
2498impacts.
2499     2.  Whether the project reduces competition for water
2500supplies.
2501     3.  Whether the project brings about replacement of
2502traditional sources in order to help implement a minimum flow or
2503level or a reservation.
2504     4.  Whether the project will be implemented by a
2505consumptive use permittee that has achieved the targets
2506contained in a goal-based water conservation program approved
2507pursuant to s. 373.227.
2508     5.  The quantity of water supplied by the project as
2509compared to its cost.
2510     6.  Projects in which the construction and delivery to end
2511users of reuse water are major components.
2512     7.  Whether the project will be implemented by a
2513multijurisdictional water supply entity or regional water supply
2514authority.
2515     (b)  Additional factors to be considered in determining
2516project funding shall include:
2517     1.  Whether the project is part of a plan to implement two
2518or more alternative water supply projects, all of which will be
2519operated to produce water at a uniform rate for the participants
2520in a multijurisdictional water supply entity or regional water
2521supply authority.
2522     2.  The percentage of project costs to be funded by the
2523water supplier or water user.
2524     3.  Whether the project proposal includes sufficient
2525preliminary planning and engineering to demonstrate that the
2526project can reasonably be implemented within the timeframes
2527provided in the regional water supply plan.
2528     4.  Whether the project is a subsequent phase of an
2529alternative water supply project underway.
2530     5.  Whether and in what percentage a local government or
2531local government utility is transferring water supply system
2532revenues to the local government general fund in excess of
2533reimbursements for services received from the general fund
2534including direct and indirect costs and legitimate payments in
2535lieu of taxes.
2536
2537If the department determines that the project should receive
2538financial assistance, the department shall distribute to the
2539water management district 33 1/3 percent of the total capital
2540costs from the district's alternative water supply account.
2541     Section 19.  Section 373.19616, Florida Statutes, is
2542created to read:
2543     373.19616  Water Transition Assistance Program.--
2544     (1)  The Legislature recognizes that as a result of
2545Florida's increasing population, there are limited ground water
2546resources in some portions of the state to serve increased water
2547quantities demands. As a result, a transition from ground water
2548supply to more expensive alternative water supply is necessary.
2549The purpose of this section is to assist local governments by
2550establishing a low-interest revolving loan program for
2551infrastructure financing for alternative water supplies.
2552     (2)  For purposes of this section, the term:
2553     (a)  "Alternative water supplies" has the same meaning as
2554provided in s. 373.19615(2).
2555     (b)  "Local government" has the same meaning as provided in
2556s. 373.19615(2).
2557     (3)  The Department of Environmental Protection is
2558authorized to make loans to local governments to assist them in
2559planning, designing, and constructing alternative water supply
2560projects. The department may provide loan guarantees, purchase
2561loan insurance, and refinance local debt through issue of new
2562loans for alternative water supply projects approved by the
2563department. Local governments may borrow funds made available
2564pursuant to this section and may pledge any revenues or other
2565adequate security available to them to repay any funds borrowed.
2566     (4)  The term of loans made pursuant to this section shall
2567not exceed 30 years. The interest rate on such loans shall be no
2568greater than that paid on the last bonds sold pursuant to s. 14,
2569Art. VII of the State Constitution.
2570     (5)  In order to ensure that public moneys are managed in
2571an equitable and prudent manner, the total amount of money
2572loaned to any local government during a fiscal year shall be no
2573more than 25 percent of the total funds available for making
2574loans during that year. The minimum amount of a loan shall be
2575$75,000.
2576     (6)  The department may adopt rules that:
2577     (a)  Set forth a priority system for loans based on factors
2578provided for in s. 373.19615(6)(a) and (b).
2579     (b)  Establish the requirements for the award and repayment
2580of financial assistance.
2581     (c)  Require adequate security to ensure that each loan
2582recipient can meet its loan payment requirements.
2583     (d)  Establish, at the department's discretion, a specific
2584percentage of funding, not to exceed 20 percent, for financially
2585disadvantaged communities for the development of alternative
2586water supply projects. The department shall include within the
2587rule a definition of the term "financially disadvantaged
2588community," and the criteria for determining whether the project
2589serves a financially disadvantaged community. Such criteria
2590shall be based on the median household income of the service
2591population or other reliably documented measures of
2592disadvantaged status.
2593     (e)  Require each project receiving financial assistance to
2594be cost-effective, environmentally sound, implementable, and
2595self-supporting.
2596     (7)  The department shall prepare a report at the end of
2597each fiscal year detailing the financial assistance provided
2598under this section and outstanding loans.
2599     (8)  Prior to approval of a loan, the local government
2600shall, at a minimum:
2601     (a)  Provide a repayment schedule.
2602     (b)  Submit evidence of the ability of the project proposed
2603for financial assistance to be permitted and implemented.
2604     (c)  Submit plans and specifications, biddable contract
2605documents, or other documentation of appropriate procurement of
2606goods and services.
2607     (d)  Provide assurance that records will be kept using
2608generally accepted accounting principles and that the department
2609or its agent and the Auditor General will have access to all
2610records pertaining to the loan.
2611     (9)  The department may conduct an audit of the loan
2612project upon completion or may require that a separate project
2613audit, prepared by an independent certified public accountant,
2614be submitted.
2615     (10)  The department may require reasonable service fees on
2616loans made to local governments to ensure that the program will
2617be operated in perpetuity and to implement the purposes
2618authorized under this section. Service fees shall not be more
2619than 4 percent of the loan amount exclusive of the service fee.
2620The fee revenues, and interest earnings thereon, shall be used
2621exclusively to carry out the purposes of this section.
2622     (11)  All moneys available for financial assistance under
2623this section shall be appropriated to the department exclusively
2624to carry out this program. The principal and interest of all
2625loans repaid and interest shall be used exclusively to carry out
2626this section.
2627     (12)(a)  If a local government agency defaults under the
2628terms of its loan agreement, the department shall certify the
2629default to the Chief Financial Officer, shall forward the
2630delinquent amount to the department from any unobligated funds
2631due to the local government agency under any revenue-sharing or
2632tax-sharing fund established by the state, except as otherwise
2633provided by the State Constitution. Certification of delinquency
2634shall not limit the department from pursuing other remedies
2635available for default on a loan, including accelerating loan
2636repayments, eliminating all or part of the interest rate subsidy
2637on the loan, and court appointment of a receiver to manage
2638alternative water supply project.
2639     (b)  The department may impose penalty for delinquent local
2640payments in the amount of 6 percent of the amount due, in
2641addition to charging the cost to handle and process the debt.
2642Penalty interest shall accrue on any amount due and payable
2643beginning on the 30th day following the date upon which payment
2644is due.
2645     (13)  The department may terminate or rescind a financial
2646assistance agreement when the local government fails to comply
2647with the terms and conditions of the agreement.
2648     Section 20.  Paragraphs (l) and (m) are added to subsection
2649(24) of section 380.06, Florida Statutes, to read:
2650     380.06  Developments of regional impact.--
2651     (24)  STATUTORY EXEMPTIONS.--
2652     (l)  Any proposed development or redevelopment within an
2653area designated for:
2654     1.  Urban infill development as designated in the
2655comprehensive plan;
2656     2.  Urban redevelopment as designated in the comprehensive
2657plan;
2658     3.  Downtown revitalization as designated in the
2659comprehensive plan; or
2660     4.  Urban infill and redevelopment under s. 163.2517 as
2661designated in the comprehensive plan,
2662
2663is exempt from the provisions of this section. However, a
2664municipality with a population of 7,500 or fewer may adopt an
2665ordinance imposing a fee upon an applicant for purposes of
2666reimbursing the municipality for the reasonable costs that the
2667municipality may incur in reviewing any project which is exempt
2668under this subparagraph. The municipality may use all or part of
2669this fee to employ professional expertise to ensure that the
2670impacts of such projects are properly evaluated. Municipalities
2671adopting such ordinances may not impose a fee on a project in
2672excess of its actual out-of-pocket reasonable review costs. A
2673copy of such ordinance shall be transmitted to the state land
2674planning agency and the applicable regional planning council.
2675     (m)  Any proposed development within a rural land
2676stewardship area created pursuant to s. 163.3177(11)(d) is
2677exempt from the provisions of this section if the local
2678government that has adopted the rural land stewardship area has
2679entered into a binding agreement with jurisdictions that would
2680be impacted and the Department of Transportation regarding the
2681mitigation of impacts on state and regional transportation
2682facilities and has adopted a proportionate-share methodology
2683pursuant to s. 163.3180(16) and (17).
2684     Section 21.  Subsections (3), (7), and (8) of section
26851013.33, Florida Statutes, are amended to read:
2686     1013.33  Coordination of planning with local governing
2687bodies.--
2688     (3)  At a minimum, the interlocal agreement must address
2689interlocal-agreement requirements in s. 163.3180(13)(g), except
2690for exempt local governments as provided in s. 163.3177(12), and
2691must address the following issues:
2692     (a)  A process by which each local government and the
2693district school board agree and base their plans on consistent
2694projections of the amount, type, and distribution of population
2695growth and student enrollment. The geographic distribution of
2696jurisdiction-wide growth forecasts is a major objective of the
2697process.
2698     (b)  A process to coordinate and share information relating
2699to existing and planned public school facilities, including
2700school renovations and closures, and local government plans for
2701development and redevelopment.
2702     (c)  Participation by affected local governments with the
2703district school board in the process of evaluating potential
2704school closures, significant renovations to existing schools,
2705and new school site selection before land acquisition. Local
2706governments shall advise the district school board as to the
2707consistency of the proposed closure, renovation, or new site
2708with the local comprehensive plan, including appropriate
2709circumstances and criteria under which a district school board
2710may request an amendment to the comprehensive plan for school
2711siting.
2712     (d)  A process for determining the need for and timing of
2713onsite and offsite improvements to support new construction,
2714proposed expansion, or redevelopment of existing schools. The
2715process shall address identification of the party or parties
2716responsible for the improvements.
2717     (e)  A process for the school board to inform the local
2718government regarding the effect of comprehensive plan amendments
2719on school capacity. The capacity reporting must be consistent
2720with laws and rules regarding measurement of school facility
2721capacity and must also identify how the district school board
2722will meet the public school demand based on the facilities work
2723program adopted pursuant to s. 1013.35.
2724     (f)  Participation of the local governments in the
2725preparation of the annual update to the school board's 5-year
2726district facilities work program and educational plant survey
2727prepared pursuant to s. 1013.35.
2728     (g)  A process for determining where and how joint use of
2729either school board or local government facilities can be shared
2730for mutual benefit and efficiency.
2731     (h)  A procedure for the resolution of disputes between the
2732district school board and local governments, which may include
2733the dispute resolution processes contained in chapters 164 and
2734186.
2735     (i)  An oversight process, including an opportunity for
2736public participation, for the implementation of the interlocal
2737agreement.
2738
2739A signatory to the interlocal agreement may elect not to include
2740a provision meeting the requirements of paragraph (e); however,
2741such a decision may be made only after a public hearing on such
2742election, which may include the public hearing in which a
2743district school board or a local government adopts the
2744interlocal agreement. An interlocal agreement entered into
2745pursuant to this section must be consistent with the adopted
2746comprehensive plan and land development regulations of any local
2747government that is a signatory.
2748     (7)  Except as provided in subsection (8), municipalities
2749meeting the exemption criteria in s. 163.3177(12) having no
2750established need for a new facility and meeting the following
2751criteria are exempt from the requirements of subsections (2),
2752(3), and (4).:
2753     (a)  The municipality has no public schools located within
2754its boundaries.
2755     (b)  The district school board's 5-year facilities work
2756program and the long-term 10-year and 20-year work programs, as
2757provided in s. 1013.35, demonstrate that no new school facility
2758is needed in the municipality. In addition, the district school
2759board must verify in writing that no new school facility will be
2760needed in the municipality within the 5-year and 10-year
2761timeframes.
2762     (8)  At the time of the evaluation and appraisal report,
2763each exempt municipality shall assess the extent to which it
2764continues to meet the criteria for exemption under s.
2765163.3177(12) subsection (7). If the municipality continues to
2766meet these criteria and the district school board verifies in
2767writing that no new school facilities will be needed within the
27685-year and 10-year timeframes, the municipality shall continue
2769to be exempt from the interlocal-agreement requirement. Each
2770municipality exempt under s. 163.3177(12) subsection (7) must
2771comply with the provisions of subsections (2)-(8) within 1 year
2772after the district school board proposes, in its 5-year district
2773facilities work program, a new school within the municipality's
2774jurisdiction.
2775     Section 22.  Section 380.115, Florida Statutes, is amended
2776to read:
2777     380.115  Vested rights and duties; effect of size
2778reduction; changes in guidelines and standards chs. 2002-20 and
27792002-296.--
2780     (1)  A change in a development of regional impact guideline
2781or standard does not abridge or modify Nothing contained in this
2782act abridges or modifies any vested or other right or any duty
2783or obligation pursuant to any development order or agreement
2784that is applicable to a development of regional impact on the
2785effective date of this act. A development that has received a
2786development-of-regional-impact development order pursuant to s.
2787380.06, but would is no longer be required to undergo
2788development-of-regional-impact review by operation of a change
2789in the guidelines and standards or has reduced its size below
2790the thresholds in s. 380.0651 this act, shall be governed by the
2791following procedures:
2792     (a)  The development shall continue to be governed by the
2793development-of-regional-impact development order and may be
2794completed in reliance upon and pursuant to the development order
2795unless the developer or landowner has followed the procedures
2796for rescission in paragraph (b). The development-of-regional-
2797impact development order may be enforced by the local government
2798as provided by ss. 380.06(17) and 380.11.
2799     (b)  If requested by the developer or landowner, the
2800development-of-regional-impact development order shall may be
2801rescinded by the local government with jurisdiction upon a
2802showing by clear and convincing evidence that all required
2803mitigation relating to the amount of development existing on the
2804date of rescission has been completed abandoned pursuant to the
2805process in s. 380.06(26).
2806     (2)  A development with an application for development
2807approval pending, and determined sufficient pursuant to s.
2808380.06(10), on the effective date of a change to the guidelines
2809and standards this act, or a notification of proposed change
2810pending on the effective date of a change to the guidelines and
2811standards this act, may elect to continue such review pursuant
2812to s. 380.06. At the conclusion of the pending review, including
2813any appeals pursuant to s. 380.07, the resulting development
2814order shall be governed by the provisions of subsection (1).
2815     (3)  A landowner that has filed an application for a
2816development of regional impact review prior to the adoption of
2817an optional sector plan pursuant to s. 163.3245 may elect to
2818have the application reviewed pursuant to s. 380.06,
2819comprehensive plan provisions in force prior to adoption of the
2820sector plan and any requested comprehensive plan amendments that
2821accompany the application.
2822     Section 23.  Subsection (1) of section 339.08, Florida
2823Statutes, is amended to read:
2824     339.08  Use of moneys in State Transportation Trust Fund.--
2825     (1)  The department shall expend moneys in the State
2826Transportation Trust Fund accruing to the department, in
2827accordance with its annual budget. The use of such moneys shall
2828be restricted to the following purposes:
2829     (a)  To pay administrative expenses of the department,
2830including administrative expenses incurred by the several state
2831transportation districts, but excluding administrative expenses
2832of commuter rail authorities that do not operate rail service.
2833     (b)  To pay the cost of construction of the State Highway
2834System.
2835     (c)  To pay the cost of maintaining the State Highway
2836System.
2837     (d)  To pay the cost of public transportation projects in
2838accordance with chapter 341 and ss. 332.003-332.007.
2839     (e)  To reimburse counties or municipalities for
2840expenditures made on projects in the State Highway System as
2841authorized by s. 339.12(4) upon legislative approval.
2842     (f)  To pay the cost of economic development transportation
2843projects in accordance with s. 288.063.
2844     (g)  To lend or pay a portion of the operating,
2845maintenance, and capital costs of a revenue-producing
2846transportation project that is located on the State Highway
2847System or that is demonstrated to relieve traffic congestion on
2848the State Highway System.
2849     (h)  To match any federal-aid funds allocated for any other
2850transportation purpose, including funds allocated to projects
2851not located in the State Highway System.
2852     (i)  To pay the cost of county road projects selected in
2853accordance with the Small County Road Assistance Program created
2854in s. 339.2816.
2855     (j)  To pay the cost of county or municipal road projects
2856selected in accordance with the County Incentive Grant Program
2857created in s. 339.2817 and the Small County Outreach Program
2858created in s. 339.2818.
2859     (k)  To provide loans and credit enhancements for use in
2860constructing and improving highway transportation facilities
2861selected in accordance with the state-funded infrastructure bank
2862created in s. 339.55.
2863     (l)  To pay the cost of projects on the Florida Strategic
2864Intermodal System created in s. 339.61.
2865     (m)  To pay the cost of transportation projects selected in
2866accordance with the Transportation Incentive Program for a
2867Sustainable Florida created in s. 339.28171.
2868     (n)(m)  To pay other lawful expenditures of the department.
2869     Section 24.  Paragraphs (c), (d), and (e) are added to
2870subsection (5) of section 339.155, Florida Statutes, to read:
2871     339.155  Transportation planning.--
2872     (5)  ADDITIONAL TRANSPORTATION PLANS.--
2873     (c)  Regional transportation plans may be developed in
2874regional transportation areas in accordance with an interlocal
2875agreement entered into pursuant to s. 163.01 by the department
2876and two or more contiguous metropolitan planning organizations;
2877one or more metropolitan planning organizations and one or more
2878contiguous counties, none of which is a member of a metropolitan
2879planning organization; a multicounty regional transportation
2880authority created by or pursuant to law; two or more contiguous
2881counties that are not members of a metropolitan planning
2882organization; or metropolitan planning organizations comprised
2883of three or more counties.
2884     (d)  The department shall develop a model draft interlocal
2885agreement that must, at a minimum, identify the entity that will
2886coordinate the development of the regional transportation plan;
2887delineate the boundaries of the regional transportation area;
2888provide the duration of the agreement and specify how the
2889agreement may be terminated, modified, or rescinded; describe
2890the process by which the regional transportation plan will be
2891developed; and provide how members of the entity will resolve
2892disagreements regarding interpretation of the interlocal
2893agreement or disputes relating to the development or content of
2894the regional transportation plan. The designated entity shall
2895coordinate the adoption of the interlocal agreement using as its
2896framework the department model. The designated entity shall
2897record the executed interlocal agreement in the official public
2898records of each county in the regional transportation area once
2899a supermajority of the affected local governments within the
2900delineated regional transportation area approve the interlocal
2901agreement. Such interlocal agreement shall become effective upon
2902its recordation in the official public records of each county in
2903the regional transportation area.
2904     (e)  The regional transportation plan developed pursuant to
2905this section must, at a minimum, identify regionally significant
2906transportation facilities located within a regional
2907transportation area, and recommend a list of regionally
2908significant projects to the department for prioritization. A
2909project that is funded for construction within the Department of
2910Transportation's 5-year work plan shall be adopted into the
2911capital improvements schedule of the local government
2912comprehensive plan pursuant to s. 163.3177(3).
2913     Section 25.  Section 339.175, Florida Statutes, is amended
2914to read:
2915     339.175  Metropolitan planning organization.--It is the
2916intent of the Legislature to encourage and promote the safe and
2917efficient management, operation, and development of surface
2918transportation systems that will serve the mobility needs of
2919people and freight within and through urbanized areas of this
2920state while minimizing transportation-related fuel consumption
2921and air pollution. To accomplish these objectives, metropolitan
2922planning organizations, referred to in this section as M.P.O.'s,
2923shall develop, in cooperation with the state and public transit
2924operators, transportation plans and programs for metropolitan
2925areas. The plans and programs for each metropolitan area must
2926provide for the development and integrated management and
2927operation of transportation systems and facilities, including
2928pedestrian walkways and bicycle transportation facilities that
2929will function as an intermodal transportation system for the
2930metropolitan area, based upon the prevailing principles provided
2931in s. 334.046(1). The process for developing such plans and
2932programs shall provide for consideration of all modes of
2933transportation and shall be continuing, cooperative, and
2934comprehensive, to the degree appropriate, based on the
2935complexity of the transportation problems to be addressed. To
2936ensure that the process is integrated with the statewide
2937planning process, M.P.O.'s shall develop plans and programs that
2938identify transportation facilities that should function as an
2939integrated metropolitan transportation system, giving emphasis
2940to facilities that serve important national, state, and regional
2941transportation functions. For the purposes of this section,
2942those facilities include the facilities on the Strategic
2943Intermodal System designated under s. 339.63 and facilities for
2944which projects have been identified pursuant to s. 339.28171.
2945     (1)  DESIGNATION.--
2946     (a)1.  An M.P.O. shall be designated for each urbanized
2947area of the state; however, this does not require that an
2948individual M.P.O. be designated for each such area.  Such
2949designation shall be accomplished by agreement between the
2950Governor and units of general-purpose local government
2951representing at least 75 percent of the population of the
2952urbanized area; however, the unit of general-purpose local
2953government that represents the central city or cities within the
2954M.P.O. jurisdiction, as defined by the United States Bureau of
2955the Census, must be a party to such agreement.
2956     2.  More than one M.P.O. may be designated within an
2957existing metropolitan planning area only if the Governor and the
2958existing M.P.O. determine that the size and complexity of the
2959existing metropolitan planning area makes the designation of
2960more than one M.P.O. for the area appropriate.
2961     (b)  Each M.P.O. shall be created and operated under the
2962provisions of this section pursuant to an interlocal agreement
2963entered into pursuant to s. 163.01.  The signatories to the
2964interlocal agreement shall be the department and the
2965governmental entities designated by the Governor for membership
2966on the M.P.O. If there is a conflict between this section and s.
2967163.01, this section prevails.
2968     (c)  The jurisdictional boundaries of an M.P.O. shall be
2969determined by agreement between the Governor and the applicable
2970M.P.O.  The boundaries must include at least the metropolitan
2971planning area, which is the existing urbanized area and the
2972contiguous area expected to become urbanized within a 20-year
2973forecast period, and may encompass the entire metropolitan
2974statistical area or the consolidated metropolitan statistical
2975area.
2976     (d)  In the case of an urbanized area designated as a
2977nonattainment area for ozone or carbon monoxide under the Clean
2978Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
2979metropolitan planning area in existence as of the date of
2980enactment of this paragraph shall be retained, except that the
2981boundaries may be adjusted by agreement of the Governor and
2982affected metropolitan planning organizations in the manner
2983described in this section. If more than one M.P.O. has authority
2984within a metropolitan area or an area that is designated as a
2985nonattainment area, each M.P.O. shall consult with other
2986M.P.O.'s designated for such area and with the state in the
2987coordination of plans and programs required by this section.
2988
2989Each M.P.O. required under this section must be fully operative
2990no later than 6 months following its designation.
2991     (2)  VOTING MEMBERSHIP.--
2992     (a)  The voting membership of an M.P.O. shall consist of
2993not fewer than 5 or more than 19 apportioned members, the exact
2994number to be determined on an equitable geographic-population
2995ratio basis by the Governor, based on an agreement among the
2996affected units of general-purpose local government as required
2997by federal rules and regulations. The Governor, in accordance
2998with 23 U.S.C. s. 134, may also provide for M.P.O. members who
2999represent municipalities to alternate with representatives from
3000other municipalities within the metropolitan planning area that
3001do not have members on the M.P.O. County commission members
3002shall compose not less than one-third of the M.P.O. membership,
3003except for an M.P.O. with more than 15 members located in a
3004county with a five-member county commission or an M.P.O. with 19
3005members located in a county with no more than 6 county
3006commissioners, in which case county commission members may
3007compose less than one-third percent of the M.P.O. membership,
3008but all county commissioners must be members. All voting members
3009shall be elected officials of general-purpose governments,
3010except that an M.P.O. may include, as part of its apportioned
3011voting members, a member of a statutorily authorized planning
3012board, an official of an agency that operates or administers a
3013major mode of transportation, or an official of the Florida
3014Space Authority. The county commission shall compose not less
3015than 20 percent of the M.P.O. membership if an official of an
3016agency that operates or administers a major mode of
3017transportation has been appointed to an M.P.O.
3018     (b)  In metropolitan areas in which authorities or other
3019agencies have been or may be created by law to perform
3020transportation functions and are performing transportation
3021functions that are not under the jurisdiction of a general
3022purpose local government represented on the M.P.O., they shall
3023be provided voting membership on the M.P.O. In all other
3024M.P.O.'s where transportation authorities or agencies are to be
3025represented by elected officials from general purpose local
3026governments, the M.P.O. shall establish a process by which the
3027collective interests of such authorities or other agencies are
3028expressed and conveyed.
3029     (c)  Any other provision of this section to the contrary
3030notwithstanding, a chartered county with over 1 million
3031population may elect to reapportion the membership of an M.P.O.
3032whose jurisdiction is wholly within the county. The charter
3033county may exercise the provisions of this paragraph if:
3034     1.  The M.P.O. approves the reapportionment plan by a
3035three-fourths vote of its membership;
3036     2.  The M.P.O. and the charter county determine that the
3037reapportionment plan is needed to fulfill specific goals and
3038policies applicable to that metropolitan planning area; and
3039     3.  The charter county determines the reapportionment plan
3040otherwise complies with all federal requirements pertaining to
3041M.P.O. membership.
3042
3043Any charter county that elects to exercise the provisions of
3044this paragraph shall notify the Governor in writing.
3045     (d)  Any other provision of this section to the contrary
3046notwithstanding, any county chartered under s. 6(e), Art. VIII
3047of the State Constitution may elect to have its county
3048commission serve as the M.P.O., if the M.P.O. jurisdiction is
3049wholly contained within the county.  Any charter county that
3050elects to exercise the provisions of this paragraph shall so
3051notify the Governor in writing.  Upon receipt of such
3052notification, the Governor must designate the county commission
3053as the M.P.O.  The Governor must appoint four additional voting
3054members to the M.P.O., one of whom must be an elected official
3055representing a municipality within the county, one of whom must
3056be an expressway authority member, one of whom must be a person
3057who does not hold elected public office and who resides in the
3058unincorporated portion of the county, and one of whom must be a
3059school board member.
3060     (3)  APPORTIONMENT.--
3061     (a)  The Governor shall, with the agreement of the affected
3062units of general-purpose local government as required by federal
3063rules and regulations, apportion the membership on the
3064applicable M.P.O. among the various governmental entities within
3065the area and shall prescribe a method for appointing alternate
3066members who may vote at any M.P.O. meeting that an alternate
3067member attends in place of a regular member.  An appointed
3068alternate member must be an elected official serving the same
3069governmental entity or a general-purpose local government with
3070jurisdiction within all or part of the area that the regular
3071member serves.  The governmental entity so designated shall
3072appoint the appropriate number of members to the M.P.O. from
3073eligible officials.  Representatives of the department shall
3074serve as nonvoting members of the M.P.O.  Nonvoting advisers may
3075be appointed by the M.P.O. as deemed necessary.  The Governor
3076shall review the composition of the M.P.O. membership in
3077conjunction with the decennial census as prepared by the United
3078States Department of Commerce, Bureau of the Census, and
3079reapportion it as necessary to comply with subsection (2).
3080     (b)  Except for members who represent municipalities on the
3081basis of alternating with representatives from other
3082municipalities that do not have members on the M.P.O. as
3083provided in paragraph (2)(a), the members of an M.P.O. shall
3084serve 4-year terms. Members who represent municipalities on the
3085basis of alternating with representatives from other
3086municipalities that do not have members on the M.P.O. as
3087provided in paragraph (2)(a) may serve terms of up to 4 years as
3088further provided in the interlocal agreement described in
3089paragraph (1)(b). The membership of a member who is a public
3090official automatically terminates upon the member's leaving his
3091or her elective or appointive office for any reason, or may be
3092terminated by a majority vote of the total membership of a
3093county or city governing entity represented by the member.  A
3094vacancy shall be filled by the original appointing entity.  A
3095member may be reappointed for one or more additional 4-year
3096terms.
3097     (c)  If a governmental entity fails to fill an assigned
3098appointment to an M.P.O. within 60 days after notification by
3099the Governor of its duty to appoint, that appointment shall be
3100made by the Governor from the eligible representatives of that
3101governmental entity.
3102     (4)  AUTHORITY AND RESPONSIBILITY.--The authority and
3103responsibility of an M.P.O. is to manage a continuing,
3104cooperative, and comprehensive transportation planning process
3105that, based upon the prevailing principles provided in s.
3106334.046(1), results in the development of plans and programs
3107which are consistent, to the maximum extent feasible, with the
3108approved local government comprehensive plans of the units of
3109local government the boundaries of which are within the
3110metropolitan area of the M.P.O.  An M.P.O. shall be the forum
3111for cooperative decisionmaking by officials of the affected
3112governmental entities in the development of the plans and
3113programs required by subsections (5), (6), (7), and (8).
3114     (5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
3115privileges, and authority of an M.P.O. are those specified in
3116this section or incorporated in an interlocal agreement
3117authorized under s. 163.01.  Each M.P.O. shall perform all acts
3118required by federal or state laws or rules, now and subsequently
3119applicable, which are necessary to qualify for federal aid. It
3120is the intent of this section that each M.P.O. shall be involved
3121in the planning and programming of transportation facilities,
3122including, but not limited to, airports, intercity and high-
3123speed rail lines, seaports, and intermodal facilities, to the
3124extent permitted by state or federal law.
3125     (a)  Each M.P.O. shall, in cooperation with the department,
3126develop:
3127     1.  A long-range transportation plan pursuant to the
3128requirements of subsection (6);
3129     2.  An annually updated transportation improvement program
3130pursuant to the requirements of subsection (7); and
3131     3.  An annual unified planning work program pursuant to the
3132requirements of subsection (8).
3133     (b)  In developing the long-range transportation plan and
3134the transportation improvement program required under paragraph
3135(a), each M.P.O. shall provide for consideration of projects and
3136strategies that will:
3137     1.  Support the economic vitality of the metropolitan area,
3138especially by enabling global competitiveness, productivity, and
3139efficiency;
3140     2.  Increase the safety and security of the transportation
3141system for motorized and nonmotorized users;
3142     3.  Increase the accessibility and mobility options
3143available to people and for freight;
3144     4.  Protect and enhance the environment, promote energy
3145conservation, and improve quality of life;
3146     5.  Enhance the integration and connectivity of the
3147transportation system, across and between modes, for people and
3148freight;
3149     6.  Promote efficient system management and operation; and
3150     7.  Emphasize the preservation of the existing
3151transportation system.
3152     (c)  In order to provide recommendations to the department
3153and local governmental entities regarding transportation plans
3154and programs, each M.P.O. shall:
3155     1.  Prepare a congestion management system for the
3156metropolitan area and cooperate with the department in the
3157development of all other transportation management systems
3158required by state or federal law;
3159     2.  Assist the department in mapping transportation
3160planning boundaries required by state or federal law;
3161     3.  Assist the department in performing its duties relating
3162to access management, functional classification of roads, and
3163data collection;
3164     4.  Execute all agreements or certifications necessary to
3165comply with applicable state or federal law;
3166     5.  Represent all the jurisdictional areas within the
3167metropolitan area in the formulation of transportation plans and
3168programs required by this section; and
3169     6.  Perform all other duties required by state or federal
3170law.
3171     (d)  Each M.P.O. shall appoint a technical advisory
3172committee that includes planners; engineers; representatives of
3173local aviation authorities, port authorities, and public transit
3174authorities or representatives of aviation departments, seaport
3175departments, and public transit departments of municipal or
3176county governments, as applicable; the school superintendent of
3177each county within the jurisdiction of the M.P.O. or the
3178superintendent's designee; and other appropriate representatives
3179of affected local governments. In addition to any other duties
3180assigned to it by the M.P.O. or by state or federal law, the
3181technical advisory committee is responsible for considering safe
3182access to schools in its review of transportation project
3183priorities, long-range transportation plans, and transportation
3184improvement programs, and shall advise the M.P.O. on such
3185matters. In addition, the technical advisory committee shall
3186coordinate its actions with local school boards and other local
3187programs and organizations within the metropolitan area which
3188participate in school safety activities, such as locally
3189established community traffic safety teams. Local school boards
3190must provide the appropriate M.P.O. with information concerning
3191future school sites and in the coordination of transportation
3192service.
3193     (e)1.  Each M.P.O. shall appoint a citizens' advisory
3194committee, the members of which serve at the pleasure of the
3195M.P.O. The membership on the citizens' advisory committee must
3196reflect a broad cross section of local residents with an
3197interest in the development of an efficient, safe, and cost-
3198effective transportation system. Minorities, the elderly, and
3199the handicapped must be adequately represented.
3200     2.  Notwithstanding the provisions of subparagraph 1., an
3201M.P.O. may, with the approval of the department and the
3202applicable federal governmental agency, adopt an alternative
3203program or mechanism to ensure citizen involvement in the
3204transportation planning process.
3205     (f)  The department shall allocate to each M.P.O., for the
3206purpose of accomplishing its transportation planning and
3207programming duties, an appropriate amount of federal
3208transportation planning funds.
3209     (g)  Each M.P.O. may employ personnel or may enter into
3210contracts with local or state agencies, private planning firms,
3211or private engineering firms to accomplish its transportation
3212planning and programming duties required by state or federal
3213law.
3214     (h)  A chair's coordinating committee is created, composed
3215of the M.P.O.'s serving Hernando, Hillsborough, Manatee, Pasco,
3216Pinellas, Polk, and Sarasota Counties. The committee must, at a
3217minimum:
3218     1.  Coordinate transportation projects deemed to be
3219regionally significant by the committee.
3220     2.  Review the impact of regionally significant land use
3221decisions on the region.
3222     3.  Review all proposed regionally significant
3223transportation projects in the respective transportation
3224improvement programs which affect more than one of the M.P.O.'s
3225represented on the committee.
3226     4.  Institute a conflict resolution process to address any
3227conflict that may arise in the planning and programming of such
3228regionally significant projects.
3229     (i)1.  The Legislature finds that the state's rapid growth
3230in recent decades has caused many urbanized areas subject to
3231M.P.O. jurisdiction to become contiguous to each other. As a
3232result, various transportation projects may cross from the
3233jurisdiction of one M.P.O. into the jurisdiction of another
3234M.P.O. To more fully accomplish the purposes for which M.P.O.'s
3235have been mandated, M.P.O.'s shall develop coordination
3236mechanisms with one another to expand and improve transportation
3237within the state. The appropriate method of coordination between
3238M.P.O.'s shall vary depending upon the project involved and
3239given local and regional needs. Consequently, it is appropriate
3240to set forth a flexible methodology that can be used by M.P.O.'s
3241to coordinate with other M.P.O.'s and appropriate political
3242subdivisions as circumstances demand.
3243     2.  Any M.P.O. may join with any other M.P.O. or any
3244individual political subdivision to coordinate activities or to
3245achieve any federal or state transportation planning or
3246development goals or purposes consistent with federal or state
3247law. When an M.P.O. determines that it is appropriate to join
3248with another M.P.O. or any political subdivision to coordinate
3249activities, the M.P.O. or political subdivision shall enter into
3250an interlocal agreement pursuant to s. 163.01, which, at a
3251minimum, creates a separate legal or administrative entity to
3252coordinate the transportation planning or development activities
3253required to achieve the goal or purpose; provide the purpose for
3254which the entity is created; provide the duration of the
3255agreement and the entity, and specify how the agreement may be
3256terminated, modified, or rescinded; describe the precise
3257organization of the entity, including who has voting rights on
3258the governing board, whether alternative voting members are
3259provided for, how voting members are appointed, and what the
3260relative voting strength is for each constituent M.P.O. or
3261political subdivision; provide the manner in which the parties
3262to the agreement will provide for the financial support of the
3263entity and payment of costs and expenses of the entity; provide
3264the manner in which funds may be paid to and disbursed from the
3265entity; and provide how members of the entity will resolve
3266disagreements regarding interpretation of the interlocal
3267agreement or disputes relating to the operation of the entity.
3268Such interlocal agreement shall become effective upon its
3269recordation in the official public records of each county in
3270which a member of the entity created by the interlocal agreement
3271has a voting member. This paragraph does not require any
3272M.P.O.'s to merge, combine, or otherwise join together as a
3273single M.P.O.
3274     (6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
3275develop a long-range transportation plan that addresses at least
3276a 20-year planning horizon. The plan must include both
3277long-range and short-range strategies and must comply with all
3278other state and federal requirements. The prevailing principles
3279to be considered in the long-range transportation plan are:
3280preserving the existing transportation infrastructure; enhancing
3281Florida's economic competitiveness; and improving travel choices
3282to ensure mobility. The long-range transportation plan must be
3283consistent, to the maximum extent feasible, with future land use
3284elements and the goals, objectives, and policies of the approved
3285local government comprehensive plans of the units of local
3286government located within the jurisdiction of the M.P.O. The
3287approved long-range transportation plan must be considered by
3288local governments in the development of the transportation
3289elements in local government comprehensive plans and any
3290amendments thereto. The long-range transportation plan must, at
3291a minimum:
3292     (a)  Identify transportation facilities, including, but not
3293limited to, major roadways, airports, seaports, spaceports,
3294commuter rail systems, transit systems, and intermodal or
3295multimodal terminals that will function as an integrated
3296metropolitan transportation system.  The long-range
3297transportation plan must give emphasis to those transportation
3298facilities that serve national, statewide, or regional
3299functions, and must consider the goals and objectives identified
3300in the Florida Transportation Plan as provided in s. 339.155. If
3301a project is located within the boundaries of more than one
3302M.P.O., the M.P.O.'s must coordinate plans regarding the project
3303in the long-range transportation plan.
3304     (b)  Include a financial plan that demonstrates how the
3305plan can be implemented, indicating resources from public and
3306private sources which are reasonably expected to be available to
3307carry out the plan, and recommends any additional financing
3308strategies for needed projects and programs. The financial plan
3309may include, for illustrative purposes, additional projects that
3310would be included in the adopted long-range transportation plan
3311if reasonable additional resources beyond those identified in
3312the financial plan were available. For the purpose of developing
3313the long-range transportation plan, the M.P.O. and the
3314department shall cooperatively develop estimates of funds that
3315will be available to support the plan implementation. Innovative
3316financing techniques may be used to fund needed projects and
3317programs.  Such techniques may include the assessment of tolls,
3318the use of value capture financing, or the use of value pricing.
3319     (c)  Assess capital investment and other measures necessary
3320to:
3321     1.  Ensure the preservation of the existing metropolitan
3322transportation system including requirements for the operation,
3323resurfacing, restoration, and rehabilitation of major roadways
3324and requirements for the operation, maintenance, modernization,
3325and rehabilitation of public transportation facilities; and
3326     2.  Make the most efficient use of existing transportation
3327facilities to relieve vehicular congestion and maximize the
3328mobility of people and goods.
3329     (d)  Indicate, as appropriate, proposed transportation
3330enhancement activities, including, but not limited to,
3331pedestrian and bicycle facilities, scenic easements,
3332landscaping, historic preservation, mitigation of water
3333pollution due to highway runoff, and control of outdoor
3334advertising.
3335     (e)  In addition to the requirements of paragraphs (a)-(d),
3336in metropolitan areas that are classified as nonattainment areas
3337for ozone or carbon monoxide, the M.P.O. must coordinate the
3338development of the long-range transportation plan with the State
3339Implementation Plan developed pursuant to the requirements of
3340the federal Clean Air Act.
3341
3342In the development of its long-range transportation plan, each
3343M.P.O. must provide the public, affected public agencies,
3344representatives of transportation agency employees, freight
3345shippers, providers of freight transportation services, private
3346providers of transportation, representatives of users of public
3347transit, and other interested parties with a reasonable
3348opportunity to comment on the long-range transportation plan.
3349The long-range transportation plan must be approved by the
3350M.P.O.
3351     (7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
3352shall, in cooperation with the state and affected public
3353transportation operators, develop a transportation improvement
3354program for the area within the jurisdiction of the M.P.O.  In
3355the development of the transportation improvement program, each
3356M.P.O. must provide the public, affected public agencies,
3357representatives of transportation agency employees, freight
3358shippers, providers of freight transportation services, private
3359providers of transportation, representatives of users of public
3360transit, and other interested parties with a reasonable
3361opportunity to comment on the proposed transportation
3362improvement program.
3363     (a)  Each M.P.O. is responsible for developing, annually, a
3364list of project priorities and a transportation improvement
3365program. The prevailing principles to be considered by each
3366M.P.O. when developing a list of project priorities and a
3367transportation improvement program are: preserving the existing
3368transportation infrastructure; enhancing Florida's economic
3369competitiveness; and improving travel choices to ensure
3370mobility. The transportation improvement program will be used to
3371initiate federally aided transportation facilities and
3372improvements as well as other transportation facilities and
3373improvements including transit, rail, aviation, spaceport, and
3374port facilities to be funded from the State Transportation Trust
3375Fund within its metropolitan area in accordance with existing
3376and subsequent federal and state laws and rules and regulations
3377related thereto. The transportation improvement program shall be
3378consistent, to the maximum extent feasible, with the approved
3379local government comprehensive plans of the units of local
3380government whose boundaries are within the metropolitan area of
3381the M.P.O. and include those projects programmed pursuant to s.
3382339.28171.
3383     (b)  Each M.P.O. annually shall prepare a list of project
3384priorities and shall submit the list to the appropriate district
3385of the department by October 1 of each year; however, the
3386department and a metropolitan planning organization may, in
3387writing, agree to vary this submittal date. The list of project
3388priorities must be formally reviewed by the technical and
3389citizens' advisory committees, and approved by the M.P.O.,
3390before it is transmitted to the district. The approved list of
3391project priorities must be used by the district in developing
3392the district work program and must be used by the M.P.O. in
3393developing its transportation improvement program. The annual
3394list of project priorities must be based upon project selection
3395criteria that, at a minimum, consider the following:
3396     1.  The approved M.P.O. long-range transportation plan;
3397     2.  The Strategic Intermodal System Plan developed under s.
3398339.64.
3399     3.  The priorities developed pursuant to s. 339.28171.
3400     4.3.  The results of the transportation management systems;
3401and
3402     5.4.  The M.P.O.'s public-involvement procedures.
3403     (c)  The transportation improvement program must, at a
3404minimum:
3405     1.  Include projects and project phases to be funded with
3406state or federal funds within the time period of the
3407transportation improvement program and which are recommended for
3408advancement during the next fiscal year and 4 subsequent fiscal
3409years.  Such projects and project phases must be consistent, to
3410the maximum extent feasible, with the approved local government
3411comprehensive plans of the units of local government located
3412within the jurisdiction of the M.P.O.  For informational
3413purposes, the transportation improvement program shall also
3414include a list of projects to be funded from local or private
3415revenues.
3416     2.  Include projects within the metropolitan area which are
3417proposed for funding under 23 U.S.C. s. 134 of the Federal
3418Transit Act and which are consistent with the long-range
3419transportation plan developed under subsection (6).
3420     3.  Provide a financial plan that demonstrates how the
3421transportation improvement program can be implemented; indicates
3422the resources, both public and private, that are reasonably
3423expected to be available to accomplish the program; identifies
3424any innovative financing techniques that may be used to fund
3425needed projects and programs; and may include, for illustrative
3426purposes, additional projects that would be included in the
3427approved transportation improvement program if reasonable
3428additional resources beyond those identified in the financial
3429plan were available. Innovative financing techniques may include
3430the assessment of tolls, the use of value capture financing, or
3431the use of value pricing.  The transportation improvement
3432program may include a project or project phase only if full
3433funding can reasonably be anticipated to be available for the
3434project or project phase within the time period contemplated for
3435completion of the project or project phase.
3436     4.  Group projects and project phases of similar urgency
3437and anticipated staging into appropriate staging periods.
3438     5.  Indicate how the transportation improvement program
3439relates to the long-range transportation plan developed under
3440subsection (6), including providing examples of specific
3441projects or project phases that further the goals and policies
3442of the long-range transportation plan.
3443     6.  Indicate whether any project or project phase is
3444inconsistent with an approved comprehensive plan of a unit of
3445local government located within the jurisdiction of the M.P.O.  
3446If a project is inconsistent with an affected comprehensive
3447plan, the M.P.O. must provide justification for including the
3448project in the transportation improvement program.
3449     7.  Indicate how the improvements are consistent, to the
3450maximum extent feasible, with affected seaport, airport, and
3451spaceport master plans and with public transit development plans
3452of the units of local government located within the jurisdiction
3453of the M.P.O. If a project is located within the boundaries of
3454more than one M.P.O., the M.P.O.'s must coordinate plans
3455regarding the project in the transportation improvement program.
3456     (d)  Projects included in the transportation improvement
3457program and that have advanced to the design stage of
3458preliminary engineering may be removed from or rescheduled in a
3459subsequent transportation improvement program only by the joint
3460action of the M.P.O. and the department. Except when recommended
3461in writing by the district secretary for good cause, any project
3462removed from or rescheduled in a subsequent transportation
3463improvement program shall not be rescheduled by the M.P.O. in
3464that subsequent program earlier than the 5th year of such
3465program.
3466     (e)  During the development of the transportation
3467improvement program, the M.P.O. shall, in cooperation with the
3468department and any affected public transit operation, provide
3469citizens, affected public agencies, representatives of
3470transportation agency employees, freight shippers, providers of
3471freight transportation services, private providers of
3472transportation, representatives of users of public transit, and
3473other interested parties with reasonable notice of and an
3474opportunity to comment on the proposed program.
3475     (f)  The adopted annual transportation improvement program
3476for M.P.O.'s in nonattainment or maintenance areas must be
3477submitted to the district secretary and the Department of
3478Community Affairs at least 90 days before the submission of the
3479state transportation improvement program by the department to
3480the appropriate federal agencies. The annual transportation
3481improvement program for M.P.O.'s in attainment areas must be
3482submitted to the district secretary and the Department of
3483Community Affairs at least 45 days before the department submits
3484the state transportation improvement program to the appropriate
3485federal agencies; however, the department, the Department of
3486Community Affairs, and a metropolitan planning organization may,
3487in writing, agree to vary this submittal date.  The Governor or
3488the Governor's designee shall review and approve each
3489transportation improvement program and any amendments thereto.
3490     (g)  The Department of Community Affairs shall review the
3491annual transportation improvement program of each M.P.O. for
3492consistency with the approved local government comprehensive
3493plans of the units of local government whose boundaries are
3494within the metropolitan area of each M.P.O. and shall identify
3495those projects that are inconsistent with such comprehensive
3496plans. The Department of Community Affairs shall notify an
3497M.P.O. of any transportation projects contained in its
3498transportation improvement program which are inconsistent with
3499the approved local government comprehensive plans of the units
3500of local government whose boundaries are within the metropolitan
3501area of the M.P.O.
3502     (h)  The M.P.O. shall annually publish or otherwise make
3503available for public review the annual listing of projects for
3504which federal funds have been obligated in the preceding year.
3505Project monitoring systems must be maintained by those agencies
3506responsible for obligating federal funds and made accessible to
3507the M.P.O.'s.
3508     (8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
3509develop, in cooperation with the department and public
3510transportation providers, a unified planning work program that
3511lists all planning tasks to be undertaken during the program
3512year. The unified planning work program must provide a complete
3513description of each planning task and an estimated budget
3514therefor and must comply with applicable state and federal law.
3515     (9)  AGREEMENTS.--
3516     (a)  Each M.P.O. shall execute the following written
3517agreements, which shall be reviewed, and updated as necessary,
3518every 5 years:
3519     1.  An agreement with the department clearly establishing
3520the cooperative relationship essential to accomplish the
3521transportation planning requirements of state and federal law.
3522     2.  An agreement with the metropolitan and regional
3523intergovernmental coordination and review agencies serving the
3524metropolitan areas, specifying the means by which activities
3525will be coordinated and how transportation planning and
3526programming will be part of the comprehensive planned
3527development of the area.
3528     3.  An agreement with operators of public transportation
3529systems, including transit systems, commuter rail systems,
3530airports, seaports, and spaceports, describing the means by
3531which activities will be coordinated and specifying how public
3532transit, commuter rail, aviation, seaport, and aerospace
3533planning and programming will be part of the comprehensive
3534planned development of the metropolitan area.
3535     (b)  An M.P.O. may execute other agreements required by
3536state or federal law or as necessary to properly accomplish its
3537functions.
3538     (10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
3539COUNCIL.--
3540     (a)  A Metropolitan Planning Organization Advisory Council
3541is created to augment, and not supplant, the role of the
3542individual M.P.O.'s in the cooperative transportation planning
3543process described in this section.
3544     (b)  The council shall consist of one representative from
3545each M.P.O. and shall elect a chairperson annually from its
3546number.  Each M.P.O. shall also elect an alternate
3547representative from each M.P.O. to vote in the absence of the
3548representative. Members of the council do not receive any
3549compensation for their services, but may be reimbursed from
3550funds made available to council members for travel and per diem
3551expenses incurred in the performance of their council duties as
3552provided in s. 112.061.
3553     (c)  The powers and duties of the Metropolitan Planning
3554Organization Advisory Council are to:
3555     1.  Enter into contracts with individuals, private
3556corporations, and public agencies.
3557     2.  Acquire, own, operate, maintain, sell, or lease
3558personal property essential for the conduct of business.
3559     3.  Accept funds, grants, assistance, gifts, or bequests
3560from private, local, state, or federal sources.
3561     4.  Establish bylaws and adopt rules pursuant to ss.
3562120.536(1) and 120.54 to implement provisions of law conferring
3563powers or duties upon it.
3564     5.  Assist M.P.O.'s in carrying out the urbanized area
3565transportation planning process by serving as the principal
3566forum for collective policy discussion pursuant to law.
3567     6.  Serve as a clearinghouse for review and comment by
3568M.P.O.'s on the Florida Transportation Plan and on other issues
3569required to comply with federal or state law in carrying out the
3570urbanized area transportation and systematic planning processes
3571instituted pursuant to s. 339.155.
3572     7.  Employ an executive director and such other staff as
3573necessary to perform adequately the functions of the council,
3574within budgetary limitations. The executive director and staff
3575are exempt from part II of chapter 110 and serve at the
3576direction and control of the council.  The council is assigned
3577to the Office of the Secretary of the Department of
3578Transportation for fiscal and accountability purposes, but it
3579shall otherwise function independently of the control and
3580direction of the department.
3581     8.  Adopt an agency strategic plan that provides the
3582priority directions the agency will take to carry out its
3583mission within the context of the state comprehensive plan and
3584any other statutory mandates and directions given to the agency.
3585     (11)  APPLICATION OF FEDERAL LAW.--Upon notification by an
3586agency of the Federal Government that any provision of this
3587section conflicts with federal laws or regulations, such federal
3588laws or regulations will take precedence to the extent of the
3589conflict until such conflict is resolved.  The department or an
3590M.P.O. may take any necessary action to comply with such federal
3591laws and regulations or to continue to remain eligible to
3592receive federal funds.
3593     Section 26.  Section 339.55, Florida Statutes, is amended
3594to read:
3595     339.55  State-funded infrastructure bank.--
3596     (1)  There is created within the Department of
3597Transportation a state-funded infrastructure bank for the
3598purpose of providing loans and credit enhancements to government
3599units and private entities for use in constructing and improving
3600transportation facilities.
3601     (2)  The bank may lend capital costs or provide credit
3602enhancements for:
3603     (a)  A transportation facility project that is on the State
3604Highway System or that provides for increased mobility on the
3605state's transportation system or provides intermodal
3606connectivity with airports, seaports, rail facilities, and other
3607transportation terminals, pursuant to s. 341.053, for the
3608movement of people and goods.
3609     (b)  Projects of the Transportation Incentive Program for a
3610Sustainable Florida which are identified pursuant to s.
3611339.28171.
3612     (3)  Loans from the bank may be subordinated to senior
3613project debt that has an investment grade rating of "BBB" or
3614higher.
3615     (4)(3)  Loans from the bank may bear interest at or below
3616market interest rates, as determined by the department.
3617Repayment of any loan from the bank shall commence not later
3618than 5 years after the project has been completed or, in the
3619case of a highway project, the facility has opened to traffic,
3620whichever is later, and shall be repaid in no more than 30
3621years.
3622     (5)(4)  Except as provided in s. 339.137, To be eligible
3623for consideration, projects must be consistent, to the maximum
3624extent feasible, with local metropolitan planning organization
3625plans and local government comprehensive plans and must provide
3626a dedicated repayment source to ensure the loan is repaid to the
3627bank.
3628     (6)  Funding awarded for projects under paragraph (2)(b)
3629must be matched by a minimum of 25 percent from funds other than
3630the state-funded infrastructure bank loan.
3631     (7)(5)  The department may consider, but is not limited to,
3632the following criteria for evaluation of projects for assistance
3633from the bank:
3634     (a)  The credit worthiness of the project.
3635     (b)  A demonstration that the project will encourage,
3636enhance, or create economic benefits.
3637     (c)  The likelihood that assistance would enable the
3638project to proceed at an earlier date than would otherwise be
3639possible.
3640     (d)  The extent to which assistance would foster innovative
3641public-private partnerships and attract private debt or equity
3642investment.
3643     (e)  The extent to which the project would use new
3644technologies, including intelligent transportation systems, that
3645would enhance the efficient operation of the project.
3646     (f)  The extent to which the project would maintain or
3647protect the environment.
3648     (g)  A demonstration that the project includes
3649transportation benefits for improving intermodalism, cargo and
3650freight movement, and safety.
3651     (h)  The amount of the proposed assistance as a percentage
3652of the overall project costs with emphasis on local and private
3653participation.
3654     (i)  The extent to which the project will provide for
3655connectivity between the State Highway System and airports,
3656seaports, rail facilities, and other transportation terminals
3657and intermodal options pursuant to s. 341.053 for the increased
3658accessibility and movement of people and goods.
3659     (8)(6)  Loan assistance provided by the bank shall be
3660included in the department's work program developed in
3661accordance with s. 339.135.
3662     (9)(7)  The department is authorized to adopt rules to
3663implement the state-funded infrastructure bank.
3664     Section 27.  Subsection (2) of section 1013.64, Florida
3665Statutes, is amended, and subsection (7) is added to said
3666section, to read:
3667     1013.64  Funds for comprehensive educational plant needs;
3668construction cost maximums for school district capital
3669projects.--Allocations from the Public Education Capital Outlay
3670and Debt Service Trust Fund to the various boards for capital
3671outlay projects shall be determined as follows:
3672     (2)(a)  The department shall establish, as a part of the
3673Public Education Capital Outlay and Debt Service Trust Fund, a
3674separate account, in an amount determined by the Legislature, to
3675be known as the "Special Facility Construction Account." The
3676Special Facility Construction Account shall be used to provide
3677necessary construction funds to school districts which have
3678urgent construction needs but which lack sufficient resources at
3679present, and cannot reasonably anticipate sufficient resources
3680within the period of the next 3 years, for these purposes from
3681currently authorized sources of capital outlay revenue. A school
3682district requesting funding from the Special Facility
3683Construction Account shall submit one specific construction
3684project, not to exceed one complete educational plant, to the
3685Special Facility Construction Committee. No district shall
3686receive funding for more than one approved project in any 3-year
3687period. The first year of the 3-year period shall be the first
3688year a district receives an appropriation. The department shall
3689encourage a construction program that reduces the average size
3690of schools in the district. The request must meet the following
3691criteria to be considered by the committee:
3692     1.  The project must be deemed a critical need and must be
3693recommended for funding by the Special Facility Construction
3694Committee. Prior to developing plans for the proposed facility,
3695the district school board must request a preapplication review
3696by the Special Facility Construction Committee or a project
3697review subcommittee convened by the committee to include two
3698representatives of the department and two staff from school
3699districts not eligible to participate in the program. Within 60
3700days after receiving the preapplication review request, the
3701committee or subcommittee must meet in the school district to
3702review the project proposal and existing facilities. To
3703determine whether the proposed project is a critical need, the
3704committee or subcommittee shall consider, at a minimum, the
3705capacity of all existing facilities within the district as
3706determined by the Florida Inventory of School Houses; the
3707district's pattern of student growth; the district's existing
3708and projected capital outlay full-time equivalent student
3709enrollment as determined by the department; the district's
3710existing satisfactory student stations; the use of all existing
3711district property and facilities; grade level configurations;
3712and any other information that may affect the need for the
3713proposed project.
3714     2.  The construction project must be recommended in the
3715most recent survey or surveys by the district under the rules of
3716the State Board of Education.
3717     3.  The construction project must appear on the district's
3718approved project priority list under the rules of the State
3719Board of Education.
3720     4.  The district must have selected and had approved a site
3721for the construction project in compliance with s. 1013.36 and
3722the rules of the State Board of Education.
3723     5.  The district shall have developed a district school
3724board adopted list of facilities that do not exceed the norm for
3725net square feet occupancy requirements under the State
3726Requirements for Educational Facilities, using all possible
3727programmatic combinations for multiple use of space to obtain
3728maximum daily use of all spaces within the facility under
3729consideration.
3730     6.  Upon construction, the total cost per student station,
3731including change orders, must not exceed the cost per student
3732station as provided in subsection (6).
3733     7.  There shall be an agreement signed by the district
3734school board stating that it will advertise for bids within 30
3735days of receipt of its encumbrance authorization from the
3736department.
3737     8.  The district shall, at the time of the request and for
3738a continuing period of 3 years, levy the maximum millage against
3739their nonexempt assessed property value as allowed in s.
37401011.71(2) or shall raise an equivalent amount of revenue from
3741the school capital outlay surtax authorized under s. 212.055(6).
3742Any district with a new or active project, funded under the
3743provisions of this subsection, shall be required to budget no
3744more than the value of 1.5 mills per year to the project to
3745satisfy the annual participation requirement in the Special
3746Facility Construction Account.
3747     9.  If a contract has not been signed 90 days after the
3748advertising of bids, the funding for the specific project shall
3749revert to the Special Facility New Construction Account to be
3750reallocated to other projects on the list. However, an
3751additional 90 days may be granted by the commissioner.
3752     10.  The department shall certify the inability of the
3753district to fund the survey-recommended project over a
3754continuous 3-year period using projected capital outlay revenue
3755derived from s. 9(d), Art. XII of the State Constitution, as
3756amended, paragraph (3)(a) of this section, and s. 1011.71(2).
3757     11.  The district shall have on file with the department an
3758adopted resolution acknowledging its 3-year commitment of all
3759unencumbered and future revenue acquired from s. 9(d), Art. XII
3760of the State Constitution, as amended, paragraph (3)(a) of this
3761section, and s. 1011.71(2).
3762     12.  Final phase III plans must be certified by the board
3763as complete and in compliance with the building and life safety
3764codes prior to August 1.
3765     (b)  The department shall establish, as a part of the
3766Public Education Capital Outlay and Debt Service Trust Fund, a
3767separate account, in an amount determined by the Legislature, to
3768be known as the "High Growth County Facility Construction
3769Account." The account shall be used to provide necessary
3770construction funds to high growth school districts which have
3771urgent construction needs, but which lack sufficient resources
3772at present and cannot reasonably anticipate sufficient resources
3773within the period of the next 3 years, for these purposes from
3774currently authorized sources of capital outlay revenue and local
3775sources. A school district requesting funding from the account
3776shall submit one specific construction project, not to exceed
3777one complete educational plant, to the Special Facility
3778Construction Committee. No district shall receive funding for
3779more than one approved project in any 2-year period, provided
3780that any grants received under this paragraph must be fully
3781expended in order for a district to apply for additional funding
3782under this paragraph and all Classrooms First funds have been
3783allocated and expended by the district. The first year of the 2-
3784year period shall be the first year a district receives an
3785appropriation. The request must meet the following criteria to
3786be considered by the committee:
3787     1.  The project must be deemed a critical need and must be
3788recommended for funding by the Special Facility Construction
3789Committee. Prior to developing plans for the proposed facility,
3790the district school board must request a preapplication review
3791by the Special Facility Construction Committee or a project
3792review subcommittee convened by the committee to include two
3793representatives of the department and two staff from school
3794districts not eligible to participate in the program. Within 60
3795days after receiving the preapplication review request, the
3796committee or subcommittee must meet in the school district to
3797review the project proposal and existing facilities. To
3798determine whether the proposed project is a critical need, the
3799committee or subcommittee shall consider, at a minimum, the
3800capacity of all existing facilities within the district as
3801determined by the Florida Inventory of School Houses; the
3802district's pattern of student growth with priority given to
3803those districts that have equaled or exceeded twice the
3804statewide average in growth in capital outlay full-time
3805equivalent students over the previous 4 fiscal years; the
3806district's existing and projected capital outlay full-time
3807equivalent student enrollment as determined by the department
3808with priority given to these districts with 20,000 or more
3809capital outlay full-time equivalent students; the district's
3810existing satisfactory student stations; the use of all existing
3811district property and facilities; grade level configurations;
3812and any other information that may affect the need for the
3813proposed project.
3814     2.  The construction project must be recommended in the
3815most recent survey or surveys by the district under the rules of
3816the State Board of Education.
3817     3.  The construction project includes either a recreational
3818facility or media center that will be jointly used with a local
3819government.
3820     4.  The construction project must appear on the district's
3821approved project priority list under the rules of the State
3822Board of Education.
3823     5.  The district must have selected and had approved a site
3824for the construction project in compliance with the interlocal
3825agreement with the appropriate local government, s. 1013.36, and
3826the rules of the State Board of Education.
3827     6.  The district shall have developed a district school
3828board adopted list of facilities that do not exceed the norm for
3829net square feet occupancy requirements under the state
3830requirements for educational facilities, using all possible
3831programmatic combinations for multiple use of space to obtain
3832maximum daily use of all spaces within the facility under
3833consideration.
3834     7.  Upon construction, the total cost per student station,
3835including change orders, must not exceed the cost per student
3836station as provided in subsection (6).
3837     8.  There shall be an agreement signed by the district
3838school board stating that it will advertise for bids within 30
3839days after receipt of its encumbrance authorization from the
3840department.
3841     9.  If a contract has not been signed 90 days after the
3842advertising of bids, the funding for the specific project shall
3843revert to the Special Facility Construction Account to be
3844reallocated to other projects on the list. However, an
3845additional 90 days may be granted by the commissioner.
3846     10.  Final phase III plans must be certified by the board
3847as complete and in compliance with the building and life safety
3848codes prior to August 1.
3849     (c)(b)  The Special Facility Construction Committee shall
3850be composed of the following: two representatives of the
3851Department of Education, a representative from the Governor's
3852office, a representative selected annually by the district
3853school boards, and a representative selected annually by the
3854superintendents.
3855     (d)(c)  The committee shall review the requests submitted
3856from the districts, evaluate the ability of the project to
3857relieve critical needs, and rank the requests in priority order.
3858This statewide priority list for special facilities construction
3859shall be submitted to the Legislature in the commissioner's
3860annual capital outlay legislative budget request at least 45
3861days prior to the legislative session. For the initial year of
3862the funding of the program outlined in paragraph (b), the
3863Special Facility Construction Committee shall authorize the
3864disbursement of funds appropriated by the Legislature for the
3865purposes of the program funded by the High Growth County
3866Facility Construction Account created in paragraph (b).
3867     (7)  Moneys distributed to the Public Education Capital
3868Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)
3869shall be expended to fund the Classrooms for Kids Program
3870created in s. 1013.735 and shall be distributed as provided by
3871that section.
3872     Section 28.  Paragraph (a) of subsection (2) of section
38731013.65, Florida Statutes, is amended to read:
3874     1013.65  Educational and ancillary plant construction
3875funds; Public Education Capital Outlay and Debt Service Trust
3876Fund; allocation of funds.--
3877     (2)(a)  The Public Education Capital Outlay and Debt
3878Service Trust Fund shall be comprised of the following sources,
3879which are hereby appropriated to the trust fund:
3880     1.  Proceeds, premiums, and accrued interest from the sale
3881of public education bonds and that portion of the revenues
3882accruing from the gross receipts tax as provided by s. 9(a)(2),
3883Art. XII of the State Constitution, as amended, interest on
3884investments, and federal interest subsidies.
3885     2.  General revenue funds appropriated to the fund for
3886educational capital outlay purposes.
3887     3.  All capital outlay funds previously appropriated and
3888certified forward pursuant to s. 216.301.
3889     4.  Funds paid pursuant to s. 201.15(1)(d). Such funds
3890shall be appropriated annually for expenditure to fund the
3891Classrooms for Kids Program created in s. 1013.735 and shall be
3892distributed as provided by that section.
3893     Section 29.  Subsection (1) of section 201.15, Florida
3894Statutes, is amended to read:
3895     201.15  Distribution of taxes collected.--All taxes
3896collected under this chapter shall be distributed as follows and
3897shall be subject to the service charge imposed in s. 215.20(1),
3898except that such service charge shall not be levied against any
3899portion of taxes pledged to debt service on bonds to the extent
3900that the amount of the service charge is required to pay any
3901amounts relating to the bonds:
3902     (1)  Sixty-two and sixty-three hundredths percent of the
3903remaining taxes collected under this chapter shall be used for
3904the following purposes:
3905     (a)  Amounts as shall be necessary to pay the debt service
3906on, or fund debt service reserve funds, rebate obligations, or
3907other amounts payable with respect to Preservation 2000 bonds
3908issued pursuant to s. 375.051 and Florida Forever bonds issued
3909pursuant to s. 215.618, shall be paid into the State Treasury to
3910the credit of the Land Acquisition Trust Fund to be used for
3911such purposes. The amount transferred to the Land Acquisition
3912Trust Fund for such purposes shall not exceed $300 million in
3913fiscal year 1999-2000 and thereafter for Preservation 2000 bonds
3914and bonds issued to refund Preservation 2000 bonds, and $300
3915million in fiscal year 2000-2001 and thereafter for Florida
3916Forever bonds. The annual amount transferred to the Land
3917Acquisition Trust Fund for Florida Forever bonds shall not
3918exceed $30 million in the first fiscal year in which bonds are
3919issued. The limitation on the amount transferred shall be
3920increased by an additional $30 million in each subsequent fiscal
3921year, but shall not exceed a total of $300 million in any fiscal
3922year for all bonds issued. It is the intent of the Legislature
3923that all bonds issued to fund the Florida Forever Act be retired
3924by December 31, 2030. Except for bonds issued to refund
3925previously issued bonds, no series of bonds may be issued
3926pursuant to this paragraph unless such bonds are approved and
3927the debt service for the remainder of the fiscal year in which
3928the bonds are issued is specifically appropriated in the General
3929Appropriations Act. For purposes of refunding Preservation 2000
3930bonds, amounts designated within this section for Preservation
39312000 and Florida Forever bonds may be transferred between the
3932two programs to the extent provided for in the documents
3933authorizing the issuance of the bonds. The Preservation 2000
3934bonds and Florida Forever bonds shall be equally and ratably
3935secured by moneys distributable to the Land Acquisition Trust
3936Fund pursuant to this section, except to the extent specifically
3937provided otherwise by the documents authorizing the issuance of
3938the bonds. No moneys transferred to the Land Acquisition Trust
3939Fund pursuant to this paragraph, or earnings thereon, shall be
3940used or made available to pay debt service on the Save Our Coast
3941revenue bonds.
3942     (b)  The remainder of the moneys distributed under this
3943subsection, after the required payment under paragraph (a),
3944shall be paid into the State Treasury to the credit of the Save
3945Our Everglades Trust Fund in amounts necessary to pay debt
3946service, provide reserves, and pay rebate obligations and other
3947amounts due with respect to bonds issued under s. 215.619.
3948     (c)  The remainder of the moneys distributed under this
3949subsection, after the required payments under paragraphs (a) and
3950(b), shall be paid into the State Treasury to the credit of the
3951Land Acquisition Trust Fund and may be used for any purpose for
3952which funds deposited in the Land Acquisition Trust Fund may
3953lawfully be used. Payments made under this paragraph shall
3954continue until the cumulative amount credited to the Land
3955Acquisition Trust Fund for the fiscal year under this paragraph
3956and paragraph (2)(b) equals 70 percent of the current official
3957forecast for distributions of taxes collected under this chapter
3958pursuant to subsection (2). As used in this paragraph, the term
3959"current official forecast" means the most recent forecast as
3960determined by the Revenue Estimating Conference. If the current
3961official forecast for a fiscal year changes after payments under
3962this paragraph have ended during that fiscal year, no further
3963payments are required under this paragraph during the fiscal
3964year.
3965     (d)  The remainder of the moneys distributed under this
3966subsection, after the required payments under paragraphs (a),
3967(b), and (c), shall be paid into the State Treasury to the
3968credit of:
3969     1.  The State Transportation Trust Fund in the Department
3970of Transportation in the amount of $541.75 million in each
3971fiscal year, to be paid in quarterly installments and allocated
3972for the following specified purposes notwithstanding any other
3973law to the contrary:
3974     a.  For the purposes of capital funding for the New Starts
3975Transit Program, authorized by Title 49, U.S.C. 5309 and
3976specified in s. 341.051, $50 million for fiscal year 2005-2006,
3977$70 million for fiscal years 2006-2007 through 2008-2009, $75
3978million for fiscal year 2009-2010 and each fiscal year
3979thereafter;
3980     b.  For the purposes of the Small County Outreach Program
3981specified in s. 339.2818, $30 million for fiscal years 2005-2006
3982through 2006-2007 and $35 million for fiscal year 2007-2008 and
3983each fiscal year thereafter;
3984     c.  For the purposes of the Strategic Intermodal System
3985specified in ss. 339.61, 339.62, 339.63, and 339.64, all
3986remaining funds after allocations pursuant to sub-subparagraphs
3987a., b., and d.; and
3988     d.  For the purposes of the Transportation Incentive
3989Program for a Sustainable Florida specified in s. 339.28171,
3990$122 million for fiscal year 2005-2006, $85 million for fiscal
3991year 2006-2007, $120 million for fiscal years 2007-2008 through
39922010-2011, and $115 million for fiscal year 2011-2012 and each
3993fiscal year thereafter.
3994     2.  The Water Protection and Sustainability Program Trust
3995Fund in the Department of Environmental Protection in the amount
3996of $100 million in each fiscal year, to be paid in quarterly
3997installments and used as required by s. 403.890.
3998     3.  The Public Education Capital Outlay and Debt Service
3999Trust Fund in the Department of Education in the amount of $75
4000million in each fiscal year, to be paid in monthly installments
4001and used to fund the Classrooms for Kids Program created in s.
40021013.735. If required, new facilities constructed under the
4003Classroom for Kids Program must meet the requirements of s.
40041013.372.
4005
4006Moneys distributed pursuant to this paragraph may not be pledged
4007for debt service unless such pledge is approved by referendum of
4008the voters.
4009     (e)(d)  The remainder of the moneys distributed under this
4010subsection, after the required payments under paragraphs (a),
4011(b), and (c), and (d), shall be paid into the State Treasury to
4012the credit of the General Revenue Fund of the state to be used
4013and expended for the purposes for which the General Revenue Fund
4014was created and exists by law or to the Ecosystem Management and
4015Restoration Trust Fund or to the Marine Resources Conservation
4016Trust Fund as provided in subsection (11).
4017     Section 30.  School Concurrency Task Force.-
4018     (1)  The School Concurrency Task Force is created to review
4019the requirements for school concurrency in law and make
4020recommendations regarding streamlining the process and
4021procedures for establishing school concurrency. The task force
4022shall also examine the methodology and processes used for the
4023funding of construction of public schools and make
4024recommendations on revisions to provisions of law and rules
4025which will help ensure that schools are built and available when
4026the expected demands of growth produce the need for new school
4027facilities.
4028     (2)  The task force shall be composed of 11 members. The
4029membership must represent local governments, school boards,
4030developers and homebuilders, the business community, the
4031agriculture community, the environmental community, and other
4032appropriate stakeholders. The task force shall include two
4033members appointed by the Governor, two members appointed by the
4034President of the Senate, two members appointed by the Speaker of
4035the House of Representatives, one member appointed by the
4036Florida School Boards Association, one member appointed by the
4037Florida Association of Counties, and one member appointed by the
4038Florida League of Cities. The Secretary of the Department of
4039Community Affairs, or a senior management designee, and the
4040Commissioner of Education, or a senior management designee,
4041shall also be ex officio nonvoting members on the task force.
4042     (3)  The task force shall report to the Governor, the
4043President of the Senate, and the Speaker of the House of
4044Representatives no later than December 1, 2005, with specific
4045recommendations for revisions to provisions of law and rules.
4046     Section 31.  Florida Impact Fee Review Task Force.--
4047     (1)  The Legislature recognizes that impact fees have been
4048an important source of revenues to local governments to fund new
4049growth. Local governments have assumed this responsibility under
4050their constitutional home rule authority. With the increased use
4051of impact fees, questions have arisen about whether their use
4052should be regulated by law.
4053     (2)  Effective upon this act becoming law, the Florida
4054Impact Fee Review Task Force is created.
4055     (3)(a)  The task force is to be composed of 15 members, who
4056shall be appointed within 30 days after the effective date of
4057this section.
4058     1.  Five voting members selected by the President of the
4059Senate and five voting members selected by the Speaker of the
4060House of Representative, none of whom may be a member of the
4061Legislature at the time of the appointment, as follows: one
4062member of a county commission, one member of a city commission
4063or council, one member of a local school board, one member of
4064the development community, and one member of the homebuilding
4065community. The Governor shall appoint two members, one of whom
4066shall be an affordable housing advocate who shall have no
4067current or past direct relationship to local government, school
4068boards, or the development or homebuilding industries. The
4069Governor shall designate one of his or her appointees as the
4070chair.
4071     2.  One member of the Senate appointed by the President of
4072the Senate, and one member of the House of Representatives
4073appointed by the Speaker of the House of Representatives, who
4074shall be ex officio, nonvoting members.
4075     3.  The Secretary of the Department of Community Affairs or
4076his designee is to serve as an ex officio, nonvoting member.
4077     (4)(a)  The task force shall act as an advisory body to the
4078Governor and the Legislature.
4079     (b)  The task force shall convene its initial meeting
4080within 60 days after the effective date of this section and
4081thereafter at the call of its chair.
4082     (c)  Task Force members shall not receive remuneration for
4083their services, but are entitled to reimbursement by the
4084Legislative Committee on Intergovernmental Relations for travel
4085and per diem expenses in accordance with s. 112.061, Florida
4086Statutes.
4087     (5)  The Task Force shall survey and review current use of
4088impact fees as a method of financing local infrastructure to
4089accommodate new growth and current case law controlling the use
4090of impact fees. To the extent feasible, the review is to include
4091consideration of the following:
4092     (a)  Local government criteria and methodology used for the
4093determination of the amount of impact fees.
4094     (b)  Application and relative burden of impact fees in
4095different areas of the state in relation to other methods of
4096financing new infrastructure.
4097     (c)  The range of use of impact fees as a percentage of the
4098total capital costs for infrastructure needs created by new
4099development.
4100     (d)  The methods used by local governments for the
4101accounting and reporting of the collection and expenditure of
4102all impact fees.
4103     (e)  Notice provisions prior to adoption and the effective
4104date of local ordinances creating a new impact fee or increasing
4105an existing impact fee.
4106     (f)  Interlocal agreements between counties and cities to
4107allocate impact fee proceeds between them.
4108     (g)  Requirements and options related to timing of impact
4109fees payments.
4110     (h)  The importance of impact fees to the ability of local
4111government to fund infrastructure needed to mitigate the impacts
4112of development and meet statutory requirements for concurrency.
4113     (i)  Methods used by local governments to ameliorate the
4114effect of impact fee costs on affordable housing.
4115     (6)  The task force shall report to the Governor, the
4116President of the Senate, and the Speaker of the House of
4117Representatives by February 1, 2006. The report shall include
4118the task force's recommendations regarding:
4119     (a)  Whether there is a need for statutory direction on the
4120methodology and data used to calculate impact fees.
4121     (b)  Whether there should be statutory direction on
4122payment, exemption, or waiver of impact fees for affordable
4123housing.
4124     (c)  Whether there should be statutory direction on the
4125accounting and reporting of the collection and expenditure of
4126all impact fees.
4127     (d)  Whether there is a need for statutory direction on the
4128notice given in advance of the effective date of a new or
4129amended impact fee ordinance.
4130     (e)  Whether there is a need for statutory direction on the
4131sharing of impact fees between counties and cities.
4132     (f)  Whether there is a need for statutory direction on the
4133timing of payment of impact fees.
4134     (g)  Any other recommendation the Task Force deems
4135appropriate.
4136
4137If the task force makes a recommendation for statutory
4138direction, the report shall also contain the task force's
4139recommendation for statutory changes.
4140     (7)  The Legislative Committee on Intergovernmental
4141Relations shall serve as staff to the task force and is
4142authorized to employ technical support and expend funds
4143appropriated to the committee for carrying out the official
4144duties of the task force. All state agencies are directed to
4145cooperate with and assist the task force to the fullest extent
4146possible. All local governments are encouraged to assist and
4147cooperate with the commission as necessary.
4148     (8)  Effective July 1, 2005, the sum of $50,000 is
4149appropriated, for fiscal year 2005-2006 only, from the
4150Department of Community Affairs' Grants and Donations Trust Fund
4151to the Legislative Committee on Intergovernmental Relations to
4152fund the per diem and travel expenses of the task force pursuant
4153to s. 112.061, Florida Statutes.
4154     Section 32.  Funding for Sustainable Schools.--In order to
4155provide for innovative approaches to meet school capacity
4156demands, effective July 1, 2005, the sum of $30 million from
4157recurring funds in the Public Education Capital Outlay and Debt
4158Service Trust Fund shall be transferred annually from the Public
4159Education Capital Outlay and Debt Service Trust Fund to the High
4160Growth County Facility Construction Account.
4161     Section 33.  (1)  The following appropriations are made for
4162the 2005-2006 fiscal year only from the General Revenue Fund,
4163from revenues deposited into the fund pursuant to section
4164201.15(1)(e), Florida Statutes, on a nonrecurring basis and in
4165quarterly installments:
4166     (a)  To the State Transportation Trust Fund in the
4167Department of Transportation, $576.25 million.
4168     (b)  To the Water Protection and Sustainability Program
4169Trust Fund in the Department of Environmental Protection, $100
4170million.
4171     (c)  To the Public Education Capital Outlay and Debt
4172Service Trust Fund in the Department of Education, $73.75
4173million.
4174     (2)  The following appropriations are made for the 2005-
41752006 fiscal year only on a nonrecurring basis:
4176     (a)  From the State Transportation Trust Fund in the
4177Department of Transportation:
4178     1.  The sum of $201.25 million for the purposes specified
4179in sections 339.61, 339.62, 339.63, and 339.64, Florida
4180Statutes.
4181     2.  The sum of $275 million for the purposes specified in
4182section 339.28171, Florida Statutes.
4183     3.  The sum of $100 million for the purposes specified in
4184section 339.55, Florida Statutes.
4185     (b)  From the Water Protection and Sustainability Program
4186Trust Fund in the Department of Environmental Protection, $100
4187million for the purposes specified in section 403.890, Florida
4188Statutes.
4189     (c)  From the Public Education Capital Outlay and Debt
4190Service Trust Fund in the Department of Education, the sum of
4191$73.75 million for the purpose of funding the Classrooms for
4192Kids Program created in section 1013.735, Florida Statutes.
4193Notwithstanding the requirements of sections 1013.64 and
41941013.65, Florida Statutes, these moneys may not be distributed
4195as part of the comprehensive plan for the Public Education
4196Capital Outlay and Debt Service Trust Fund. If required, new
4197facilities constructed under the Classroom for Kids Program must
4198meet the requirements of s. 1013.372.
4199     Section 34.  Statewide Technical Assistance for a
4200Sustainable Florida.--In order to assist local governments and
4201school boards to implement the provisions of this act, effective
4202July 1, 2005, the sum of $2.95 million for fiscal year 2005-2006
4203only, and $3 million is appropriated for each fiscal year
4204therafter, from recurring general revenue to the Department of
4205Community Affairs' Grants and Donations Trust Fund. The
4206department shall provide a report to the Governor, the President
4207of the Senate, and the Speaker of the House of Representatives
4208by February 1, 2006, on the progress made toward implementing
4209this act and a recommendation of whether additional funds should
4210be appropriated to provide additional technical assistance to
4211implement this act.
4212     Section 35.  Effective July 1, 2005, the sum of $250,000 is
4213appropriated from recurring general revenue to the Department of
4214Community Affairs to provide the necessary staff and other
4215assistance to the Century Commission for a Sustainable Florida
4216required by section 11.
4217     Section 36.  Beginning in fiscal year 2005-2006, the
4218Department of Transportation shall allocate sufficient funds to
4219implement the provisions relating to transportation in this act.
4220The department shall amend the tentative work program for 2005-
42212006. Before amending the tentative work program, the department
4222shall submit a budget amendment pursuant to section 339.135(7),
4223Florida Statutes. The department shall provide a report to the
4224President of the Senate and the Speaker of the House of
4225Representative by February 1, 2006, identifying the program
4226adjustments the department has made consistent with the
4227provisions of the Sustainable Florida Transportation Program.
4228Notwithstanding the provisions of section 216.301(1), Florida
4229Statutes, the funds appropriated from general revenue to the
4230State Transportation Trust Fund in this act shall not revert at
4231the end of fiscal year 2005-2006.
4232     Section 37.  The Legislature finds that planning for and
4233adequately funding infrastructure is critically important for
4234the safety and welfare of the residents of Florida. Therefore,
4235the Legislature finds that the provisions of this act fulfill an
4236important state interest.
4237     Section 38.  Unless the developer elects otherwise in
4238writing, the provisions of this act amending chapters 163 and
4239380, Florida Statutes, shall not apply to any developments of
4240regional impact for which a development order has been issued
4241prior to the effective date of this act or for which a
4242development of regional impact application has been submitted
4243prior to May 1, 2005.
4244     Section 39.  The Department of Community Affairs shall
4245conduct a study to determine:
4246     (1)  Which counties have off-site environmental mitigation
4247programs or ordinances and which counties do not.
4248     (2)  What types of off-site environmental mitigation
4249programs have been adopted.
4250     (3)  How much in additional environmental preservation
4251funds are generated through county off-site environmental
4252mitigation ordinances or programs.
4253     (4)  Whether the acquisition of environmentally sensitive
4254lands is slowed or impeded in counties that do not have off-site
4255mitigation ordinances or plans.
4256
4257The department shall prepare a report containing the results of
4258the study and shall provide a copy of the report to President of
4259the Senate and the Speaker of the House of Representatives on or
4260before November 1, 2005.
4261     Section 40.  If any provision of this act or its
4262application to any person or circumstance is held invalid, the
4263invalidity does not affect other provisions or applications of
4264the act which can be given effect without the invalid provision
4265or application, and to this end the provisions of this act are
4266severable.
4267     Section 41.  Except as otherwise expressly provided in this
4268act, this act shall take effect July 1, 2005.
4269
4270================= T I T L E  A M E N D M E N T =================
4271     Remove the entire title and insert:
4272
A bill to be entitled
4273An act relating to infrastructure planning and funding;
4274amending s. 163.3164, F.S.; defining the term "financial
4275feasibility"; amending s. 163.3177, F.S.; revising
4276requirements for the capital improvements element of a
4277comprehensive plan; requiring a schedule of capital
4278improvements; providing a deadline for certain amendments;
4279providing an exception; providing for sanctions; requiring
4280incorporation of selected water supply projects in the
4281comprehensive plan; authorizing planning for
4282multijurisdictional water supply facilities; providing
4283requirements for counties and municipalities with respect
4284to the public school facilities element; revising
4285requirements for rural land stewardship areas; exempting
4286rural land stewardship areas from developments of regional
4287impact provisions; requiring an interlocal agreement;
4288providing for a waiver under certain circumstances;
4289exempting certain municipalities from such requirements;
4290requiring that the state land planning agency establish a
4291schedule for adopting and updating the public school
4292facilities element; encouraging local governments to
4293include a community vision and an urban service boundary
4294as a component of their comprehensive plans; providing
4295requirements; repealing s. 163.31776, F.S., relating to
4296the public educational facilities element; repealing s.
4297339.2817, F.S., relating to the County Incentive Grant
4298Program; amending s. 163.31777, F.S.; revising the
4299requirements for the public schools interlocal agreement
4300to conform to changes made by the act; requiring the
4301school board to provide certain information to the local
4302government; amending s. 163.3180, F.S.; revising
4303requirements for concurrency; providing for schools to be
4304subject to concurrency requirements; requiring that an
4305adequate water supply be available for new development;
4306revising requirements for transportation facilities;
4307requiring that the Department of Transportation be
4308consulted regarding certain level-of-service standards;
4309revising criteria and providing guidelines for
4310transportation concurrency exception areas; requiring a
4311local government to consider the transportation level-of-
4312service standards of adjacent jurisdictions for certain
4313roads; providing criteria for urban infill and
4314redevelopment; providing for waiver of certain
4315transportation facilities concurrency requirements under
4316certain circumstances; revising the requirements for a
4317long-term transportation concurrency management system;
4318providing for a long-term school concurrency management
4319system; requiring that school concurrency be established
4320on less than a districtwide basis within 5 years;
4321providing certain exceptions; authorizing a local
4322government to approve a development order if the developer
4323executes a commitment to mitigate the impacts on public
4324school facilities; providing for the adoption of a
4325transportation concurrency management system by ordinance;
4326providing requirements for proportionate-share mitigation;
4327amending s. 163.3184, F.S.; correcting cross references;
4328authorizing instead of requiring the state land planning
4329agency to review plan amendments; amending s. 163.3187,
4330F.S.; providing additional criteria for small scale
4331amendments to adopted comprehensive plans; providing an
4332additional exception to a limitation on amending an
4333adopted comprehensive plan by certain municipalities;
4334providing procedures and requirements; providing for
4335notice and public hearings; correcting a cross reference;
4336providing for nonapplication; amending s. 163.3191, F.S.;
4337providing additional requirements for the evaluation and
4338assessment of the comprehensive plan for counties and
4339municipalities that do not have a public schools
4340interlocal agreement; revising requirements for the
4341evaluation and appraisal report; providing time limit for
4342amendments relating to the report; amending s. 339.135,
4343F.S., relating to tentative work programs of the
4344Department of Transportation; conforming provisions to
4345changes made by the act; requiring the Office of Program
4346Policy Analysis and Government Accountability to perform a
4347study of the boundaries of specified state entities;
4348requiring a report to the Legislature; creating s.
4349163.3247, F.S.; providing a popular name; providing
4350legislative findings and intent; creating the Century
4351Commission for a Sustainable Florida for certain purposes;
4352providing for appointment of commission members; providing
4353for terms; providing for meetings and votes of members;
4354requiring members to serve without compensation; providing
4355for per diem and travel expenses; providing powers and
4356duties of the commission; requiring the creation of a
4357joint select committee of the Legislature; providing
4358purposes; requiring the Secretary of Community Affairs to
4359select an executive director of the commission; requiring
4360the Department of Community Affairs to provide staff for
4361the commission; providing for other agency staff support
4362for the commission; amending s. 215.211, F.S.; providing
4363for deposit of certain service charge revenues into the
4364State Transportation Trust Fund to be used for certain
4365purposes; creating s. 339.28171, F.S.; creating the
4366Transportation Incentive Program for a Sustainable
4367Florida; providing program requirements; requiring the
4368Department of Transportation to develop criteria to assist
4369local governments in evaluating concurrency management
4370system backlogs; specifying criteria requirements;
4371providing requirements for local governments; specifying
4372percentages and requirements for apportioning matching
4373funds among grant applicants; authorizing the department
4374to administer contracts as requested by local governments;
4375amending s. 337.107, F.S.; allowing the inclusion of
4376right-of-way services in certain design-build contracts;
4377amending s. 337.107, F.S., effective July 1, 2007;
4378eliminating the inclusion of right-of-way services and as
4379part of design-build contracts under certain
4380circumstances; amending s. 337.11, F.S.; allowing the
4381Department of Transportation to include right-of-way
4382services and design and construction into a single
4383contract; providing an exception; delaying construction
4384activities in certain circumstances; amending s. 337.11,
4385F.S., effective July 1, 2007; deleting language allowing
4386right-of-way services and design and construction phases
4387to be combined for certain projects; deleting an
4388exception; creating s. 373.19615, F.S.; creating the
4389Florida's Sustainable Water Supplies Program; providing
4390funding requirements for local government development of
4391alternative water supply projects; providing for
4392allocation of funds to water management districts;
4393providing definitions; specifying factors to consider in
4394funding certain projects; providing funding requirements;
4395requiring the Department of Environmental Protection to
4396establish factors for granting financial assistance to
4397eligible projects; creating s. 373.19616, F.S.; creating
4398the Water Transition Assistance Program to establish a
4399low-interest revolving loan program for infrastructure
4400financing for alternative water supplies; providing
4401legislative declarations; providing definitions;
4402authorizing the Department of Environmental Protection to
4403make loans to local governments for certain purposes;
4404authorizing local governments to borrow funds and pledge
4405revenues for repayment; providing loan limitations;
4406authorizing the department to adopt certain rules;
4407requiring the department to prepare an annual report on
4408such financial assistance; providing loan approval
4409requirements for local governments; authorizing the
4410department to conduct or require audits; authorizing the
4411department to require reasonable loan service fees;
4412providing limitations; providing requirements for
4413financial assistance funding; providing for enforcement of
4414loan defaults; authorizing the department to impose
4415penalties for delinquent loan payments; authorizing the
4416department to terminate financial assistance agreements
4417under certain circumstances; amending s. 380.06, F.S.;
4418providing additional exemptions from development of
4419regional impact provisions for certain projects in
4420proposed developments or redevelopments within an area
4421designated in a comprehensive plan and for proposed
4422developments within certain rural land stewardship areas;
4423authorizing certain municipalities to adopt an ordinance
4424imposing a fee on certain applicants for certain purposes;
4425specifying fee uses; providing a limitation; amending s.
44261013.33, F.S.; conforming provisions to changes made by
4427the act; amending s. 339.08, F.S.; providing for
4428expenditure of moneys in the State Transportation Trust
4429Fund; amending s. 339.155, F.S.; providing for the
4430development of regional transportation plans in Regional
4431Transportation Areas; amending s. 339.175, F.S.; making
4432conforming changes to provisions of the act; amending s.
4433339.55, F.S.; providing for loans for certain projects
4434from the state-funded infrastructure bank within the
4435Department of Transportation; amending s. 1013.64, F.S.;
4436requiring the Department of Education to establish the
4437High Growth County Facility Construction Account as a
4438separate account within the Public Education Capital
4439Outlay and Debt Service Trust Fund for certain purposes;
4440specifying requirements for funding from the account;
4441providing for the expenditure of funds in the Public
4442Education Capital Outlay and Debt Service Trust Fund;
4443amending s. 1013.65, F.S.; providing funding for the
4444Classrooms for Kids Program; amending s. 201.15, F.S.;
4445providing for the expenditure of certain funds in the Land
4446Acquisition Trust Fund; creating the School Concurrency
4447Task Force; providing purposes; providing for membership;
4448requiring a report to the Governor and Legislature;
4449creating the Florida Impact Fee Review Task Force;
4450providing legislative findings; providing for membership;
4451providing for meetings; providing duties and
4452responsibilities of the task force; prohibiting
4453compensation of the task force; providing for per diem and
4454travel expenses; requiring a report to the Governor and
4455Legislature; specifying report contents; requiring the
4456Legislative Committee on Intergovernmental Relations to
4457serve as staff; providing an appropriation; providing an
4458appropriation to fund the High Growth County Facility
4459Construction Account; providing for appropriations for the
44602005-2006 fiscal year on a nonrecurring basis for certain
4461purposes; requiring the Department of Transportation to
4462amend the tentative work program and budget for 2005-2006;
4463prohibits reversion of certain funds; providing a
4464declaration of important state interest; providing for
4465nonapplication of certain provisions of law to certain
4466developments of regional impact under certain
4467circumstances; requiring the Department of Community
4468Affairs to conduct a study; specifying study criteria;
4469requiring a report to the Legislature; providing
4470severability; providing effective dates.


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