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Amendment CaShTmL-854092.HTM
    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 360
                        Barcode 854092
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Transportation (Bennett) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (32) is added to section
19  163.3164, Florida Statutes, to read:
20         163.3164  Local Government Comprehensive Planning and
21  Land Development Regulation Act; definitions.--As used in this
22  act:
23         (32)  "Financial feasibility" means that sufficient
24  revenues are currently available or will be available from
25  committed or planned funding sources available for financing
26  capital improvements, such as ad valorem taxes, bonds, state
27  and federal funds, tax revenues, and impact fees and developer
28  contributions, which are adequate to fund the projected costs
29  of the capital improvements necessary to ensure that adopted
30  level-of-service standards are achieved and maintained. The
31  revenue sources must be included in the 5-year schedule of
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    12:45 PM   04/15/05                             s0360.tr21.001

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 capital improvements and be available during the established 2 planning period of the comprehensive plan. 3 Section 2. Subsections (2) and (3), paragraphs (a), 4 (c), and (h) of subsection (6), and subsection (12) of section 5 163.3177, Florida Statutes, are amended, and subsections (13) 6 and (14) are added to that section, to read: 7 163.3177 Required and optional elements of 8 comprehensive plan; studies and surveys.-- 9 (2) Coordination of the several elements of the local 10 comprehensive plan shall be a major objective of the planning 11 process. The several elements of the comprehensive plan shall 12 be consistent, and the comprehensive plan shall be financially 13 economically feasible. Financial feasibility shall be 14 determined using professionally accepted methodologies. 15 (3)(a) The comprehensive plan shall contain a capital 16 improvements element designed to consider the need for and the 17 location of public facilities in order to encourage the 18 efficient utilization of such facilities and set forth: 19 1. A component which outlines principles for 20 construction, extension, or increase in capacity of public 21 facilities, as well as a component which outlines principles 22 for correcting existing public facility deficiencies, which 23 are necessary to implement the comprehensive plan. The 24 components shall cover at least a 5-year period. 25 2. Estimated public facility costs, including a 26 delineation of when facilities will be needed, the general 27 location of the facilities, and projected revenue sources to 28 fund the facilities. 29 3. Standards to ensure the availability of public 30 facilities and the adequacy of those facilities including 31 acceptable levels of service. 2 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 4. Standards for the management of debt. 2 5. A schedule of capital improvements which recognizes 3 and includes publicly funded projects, and which may include 4 privately funded projects for which the local government has 5 no fiscal responsibility but which are necessary to ensure 6 that adopted level-of-service standards are achieved and 7 maintained. For capital improvements that will be funded by 8 the developer, financial feasibility shall be demonstrated by 9 being guaranteed in an enforceable development agreement or 10 interlocal agreement pursuant to paragraph (10)(h) and shall 11 be reflected in the schedule of capital improvements. If the 12 local government uses planned revenue sources that require 13 referenda or other actions to secure the revenue source, the 14 plan must, in the event the referenda are not passed or 15 actions do not secure the planned revenue source, identify 16 other existing revenue sources that will be used to fund the 17 capital projects or otherwise amend the plan to ensure 18 financial feasibility. 19 6. The schedule must include transportation 20 improvements included in the applicable metropolitan planning 21 organization's transportation improvement program adopted 22 pursuant to s. 339.175(7) to the extent that such improvements 23 are relied upon to ensure concurrency and financial 24 feasibility. The schedule must also be coordinated with the 25 applicable metropolitan planning organization's long-range 26 transportation plan adopted pursuant to s. 339.175(6). 27 (b) The capital improvements element shall be reviewed 28 on an annual basis and modified as necessary in accordance 29 with s. 163.3187 or s. 163.3189, in order to maintain a 30 financially feasible 5-year schedule of capital improvements 31 which are necessary to ensure that adopted level-of-service 3 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 standards are achieved and maintained except that corrections, 2 updates, and modifications concerning costs,; revenue sources, 3 or; acceptance of facilities pursuant to dedications which are 4 consistent with the plan; or the date of construction of any 5 facility enumerated in the capital improvements element may be 6 accomplished by ordinance and shall not be deemed to be 7 amendments to the local comprehensive plan. A copy of the 8 ordinance shall be transmitted to the state land planning 9 agency. An amendment to the comprehensive plan is required to 10 update the schedule on an annual basis or to eliminate, defer, 11 or delay the construction for any facility listed in the 12 5-year schedule. All public facilities shall be consistent 13 with the capital improvements element. Amendments to implement 14 this section must be filed no later than December 1, 2007. 15 Thereafter, a local government may not amend its comprehensive 16 plan, except for plan amendments to update the schedule, plan 17 amendments to meet new requirements under this part, and 18 emergency amendments pursuant to s. 163.3187(1)(a), after 19 December 1 of every year and thereafter, unless and until the 20 local government has adopted the annual update and the annual 21 update to the schedule of capital improvements is found in 22 compliance. 23 (c) If the local government does not adopt the 24 required annual update to the schedule of capital improvements 25 or the annual update is found not in compliance, the state 26 land planning agency must notify the Administration 27 Commission. A local government that has a demonstrated lack of 28 commitment to meeting its obligations identified in the 29 capital improvement element may be subject to sanctions by the 30 Administration Commission pursuant to s. 163.3184(11). 31 (d) If a local government adopts a long-term 4 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 concurrency management system pursuant to s. 163.3180(9), it 2 must also adopt a long-term capital improvements schedule 3 covering up to a 10-year or 15-year period, and must update 4 the long-term schedule annually. The long-term schedule of 5 capital improvements must be financially feasible and 6 consistent with other portions of the adopted local plan, 7 including the future land-use map. 8 (6) In addition to the requirements of subsections 9 (1)-(5), the comprehensive plan shall include the following 10 elements: 11 (a) A future land use plan element designating 12 proposed future general distribution, location, and extent of 13 the uses of land for residential uses, commercial uses, 14 industry, agriculture, recreation, conservation, education, 15 public buildings and grounds, other public facilities, and 16 other categories of the public and private uses of land. 17 Counties are encouraged to designate rural land stewardship 18 areas, pursuant to the provisions of paragraph (11)(d), as 19 overlays on the future land use map. Each future land use 20 category must be defined in terms of uses included, and must 21 include standards to be followed in the control and 22 distribution of population densities and building and 23 structure intensities. The proposed distribution, location, 24 and extent of the various categories of land use shall be 25 shown on a land use map or map series which shall be 26 supplemented by goals, policies, and measurable objectives. 27 The future land use plan shall be based upon surveys, studies, 28 and data regarding the area, including the amount of land 29 required to accommodate anticipated growth; the projected 30 population of the area; the character of undeveloped land; the 31 availability of water supplies, public facilities, and 5 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 services; the need for redevelopment, including the renewal of 2 blighted areas and the elimination of nonconforming uses which 3 are inconsistent with the character of the community; the 4 compatibility of uses on lands adjacent to or closely 5 proximate to military installations; and, in rural 6 communities, the need for job creation, capital investment, 7 and economic development that will strengthen and diversify 8 the community's economy. The future land use plan may 9 designate areas for future planned development use involving 10 combinations of types of uses for which special regulations 11 may be necessary to ensure development in accord with the 12 principles and standards of the comprehensive plan and this 13 act. The future land use plan element shall include criteria 14 to be used to achieve the compatibility of adjacent or closely 15 proximate lands with military installations. In addition, for 16 rural communities, the amount of land designated for future 17 planned industrial use shall be based upon surveys and studies 18 that reflect the need for job creation, capital investment, 19 and the necessity to strengthen and diversify the local 20 economies, and shall not be limited solely by the projected 21 population of the rural community. The future land use plan of 22 a county may also designate areas for possible future 23 municipal incorporation. The land use maps or map series shall 24 generally identify and depict historic district boundaries and 25 shall designate historically significant properties meriting 26 protection. The future land use element must clearly identify 27 the land use categories in which public schools are an 28 allowable use. When delineating the land use categories in 29 which public schools are an allowable use, a local government 30 shall include in the categories sufficient land proximate to 31 residential development to meet the projected needs for 6 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 schools in coordination with public school boards and may 2 establish differing criteria for schools of different type or 3 size. Each local government shall include lands contiguous to 4 existing school sites, to the maximum extent possible, within 5 the land use categories in which public schools are an 6 allowable use. All comprehensive plans must comply with the 7 school siting requirements of this paragraph no later than 8 October 1, 1999. The failure by a local government to comply 9 with these school siting requirements by October 1, 1999, will 10 result in the prohibition of the local government's ability to 11 amend the local comprehensive plan, except for plan amendments 12 described in s. 163.3187(1)(b), until the school siting 13 requirements are met. Amendments proposed by a local 14 government for purposes of identifying the land use categories 15 in which public schools are an allowable use or for adopting 16 or amending the school-siting maps pursuant to s. 163.31776(3) 17 are exempt from the limitation on the frequency of plan 18 amendments contained in s. 163.3187. The future land use 19 element shall include criteria that encourage the location of 20 schools proximate to urban residential areas to the extent 21 possible and shall require that the local government seek to 22 collocate public facilities, such as parks, libraries, and 23 community centers, with schools to the extent possible and to 24 encourage the use of elementary schools as focal points for 25 neighborhoods. For schools serving predominantly rural 26 counties, defined as a county with a population of 100,000 or 27 fewer, an agricultural land use category shall be eligible for 28 the location of public school facilities if the local 29 comprehensive plan contains school siting criteria and the 30 location is consistent with such criteria. Local governments 31 required to update or amend their comprehensive plan to 7 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 include criteria and address compatibility of adjacent or 2 closely proximate lands with existing military installations 3 in their future land use plan element shall transmit the 4 update or amendment to the department by June 30, 2006. 5 (c) A general sanitary sewer, solid waste, drainage, 6 potable water, and natural groundwater aquifer recharge 7 element correlated to principles and guidelines for future 8 land use, indicating ways to provide for future potable water, 9 drainage, sanitary sewer, solid waste, and aquifer recharge 10 protection requirements for the area. The element may be a 11 detailed engineering plan including a topographic map 12 depicting areas of prime groundwater recharge. The element 13 shall describe the problems and needs and the general 14 facilities that will be required for solution of the problems 15 and needs. The element shall also include a topographic map 16 depicting any areas adopted by a regional water management 17 district as prime groundwater recharge areas for the Floridan 18 or Biscayne aquifers, pursuant to s. 373.0395. These areas 19 shall be given special consideration when the local government 20 is engaged in zoning or considering future land use for said 21 designated areas. For areas served by septic tanks, soil 22 surveys shall be provided which indicate the suitability of 23 soils for septic tanks. By December 1, 2006, the element must 24 be consistent with consider the appropriate water management 25 district's regional water supply plan approved pursuant to s. 26 373.0361. If the local government chooses to prepare its own 27 water supply analysis, it shall submit a description of the 28 data and methodology used to generate the analysis to the 29 state land planning agency with its plan when the plan is due 30 for compliance review unless it has submitted it for advance 31 review. The state land planning agency shall evaluate the 8 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 application of the methodology used by a local government in 2 preparing its own water supply analysis and determine whether 3 the particular methodology is professionally accepted. If 4 advance review is requested, the state land planning agency 5 shall provide its findings to the local government within 60 6 days. The state land planning agency shall be guided by the 7 applicable water management district in its review of any 8 methodology proposed by a local government. The element must 9 identify the water supply sources, including conservation and 10 reuse, necessary to meet existing and projected water-use 11 demand and must include a work plan, covering the 12 comprehensive plan's established at least a 10-year planning 13 period, for building public, private, and regional water 14 supply facilities, including development of alternative water 15 supplies, which that are identified in the element as 16 necessary to serve existing and new development and for which 17 the local government is responsible. The work plan shall be 18 updated, at a minimum, every 5 years within 12 months after 19 the governing board of a water management district approves an 20 updated regional water supply plan. Amendments to incorporate 21 the work plan do not count toward the limitation on the 22 frequency of adoption of amendments to the comprehensive plan. 23 Local governments, public and private utilities, regional 24 water supply authorities, and water management districts are 25 encouraged to cooperatively plan for the development of 26 multijurisdictional water supply facilities that are 27 sufficient to meet projected demands for established planning 28 periods, including the development of alternative water 29 sources to supplement traditional sources of ground and 30 surface water supplies. 31 (h)1. An intergovernmental coordination element 9 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 showing relationships and stating principles and guidelines to 2 be used in the accomplishment of coordination of the adopted 3 comprehensive plan with the plans of school boards and other 4 units of local government or regional water supply authorities 5 providing services but not having regulatory authority over 6 the use of land, with the comprehensive plans of adjacent 7 municipalities, the county, adjacent counties, or the region, 8 with the state comprehensive plan and with the applicable 9 regional water supply plan approved pursuant to s. 373.0361, 10 as the case may require and as such adopted plans or plans in 11 preparation may exist. This element of the local 12 comprehensive plan shall demonstrate consideration of the 13 particular effects of the local plan, when adopted, upon the 14 development of adjacent municipalities, the county, adjacent 15 counties, or the region, or upon the state comprehensive plan, 16 as the case may require. 17 a. The intergovernmental coordination element shall 18 provide for procedures to identify and implement joint 19 planning areas, especially for the purpose of annexation, 20 municipal incorporation, and joint infrastructure service 21 areas. 22 b. The intergovernmental coordination element shall 23 provide for recognition of campus master plans prepared 24 pursuant to s. 1013.30. 25 c. The intergovernmental coordination element may 26 provide for a voluntary dispute resolution process as 27 established pursuant to s. 186.509 for bringing to closure in 28 a timely manner intergovernmental disputes. A local 29 government may develop and use an alternative local dispute 30 resolution process for this purpose. 31 2. The intergovernmental coordination element shall 10 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 further state principles and guidelines to be used in the 2 accomplishment of coordination of the adopted comprehensive 3 plan with the plans of school boards and other units of local 4 government providing facilities and services but not having 5 regulatory authority over the use of land. In addition, the 6 intergovernmental coordination element shall describe joint 7 processes for collaborative planning and decisionmaking on 8 population projections and public school siting, the location 9 and extension of public facilities subject to concurrency, and 10 siting facilities with countywide significance, including 11 locally unwanted land uses whose nature and identity are 12 established in an agreement. Within 1 year of adopting their 13 intergovernmental coordination elements, each county, all the 14 municipalities within that county, the district school board, 15 and any unit of local government service providers in that 16 county shall establish by interlocal or other formal agreement 17 executed by all affected entities, the joint processes 18 described in this subparagraph consistent with their adopted 19 intergovernmental coordination elements. 20 3. To foster coordination between special districts 21 and local general-purpose governments as local general-purpose 22 governments implement local comprehensive plans, each 23 independent special district must submit a public facilities 24 report to the appropriate local government as required by s. 25 189.415. 26 4.a. Local governments adopting a public educational 27 facilities element pursuant to s. 163.31776 must execute an 28 interlocal agreement with the district school board, the 29 county, and nonexempt municipalities pursuant to s. 163.31777, 30 as defined by s. 163.31776(1), which includes the items listed 31 in s. 163.31777(2). The local government shall amend the 11 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 intergovernmental coordination element to provide that 2 coordination between the local government and school board is 3 pursuant to the agreement and shall state the obligations of 4 the local government under the agreement. 5 b. Plan amendments that comply with this subparagraph 6 are exempt from the provisions of s. 163.3187(1). 7 5. The state land planning agency shall establish a 8 schedule for phased completion and transmittal of plan 9 amendments to implement subparagraphs 1., 2., and 3. from all 10 jurisdictions so as to accomplish their adoption by December 11 31, 1999. A local government may complete and transmit its 12 plan amendments to carry out these provisions prior to the 13 scheduled date established by the state land planning agency. 14 The plan amendments are exempt from the provisions of s. 15 163.3187(1). 16 6. By January 1, 2004, Any county having a population 17 greater than 100,000, and the municipalities and special 18 districts within that county, shall submit a report to the 19 Department of Community Affairs which: 20 a. Identifies all existing or proposed interlocal 21 service-delivery agreements regarding the following: 22 education; sanitary sewer; public safety; solid waste; 23 drainage; potable water; parks and recreation; and 24 transportation facilities. 25 b. Identifies any deficits or duplication in the 26 provision of services within its jurisdiction, whether capital 27 or operational. Upon request, the Department of Community 28 Affairs shall provide technical assistance to the local 29 governments in identifying deficits or duplication. 30 7. Within 6 months after submission of the report, the 31 Department of Community Affairs shall, through the appropriate 12 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 regional planning council, coordinate a meeting of all local 2 governments within the regional planning area to discuss the 3 reports and potential strategies to remedy any identified 4 deficiencies or duplications. 5 8. Each local government shall update its 6 intergovernmental coordination element based upon the findings 7 in the report submitted pursuant to subparagraph 6. The report 8 may be used as supporting data and analysis for the 9 intergovernmental coordination element. 10 9. By February 1, 2003, Representatives of 11 municipalities, counties, and special districts shall provide 12 to the Legislature recommended statutory changes for 13 annexation, including any changes that address the delivery of 14 local government services in areas planned for annexation. 15 (12) A public school facilities element adopted to 16 implement a school concurrency program shall meet the 17 requirements of this subsection. 18 (a) Each county and each municipality within the 19 county unless exempt or subject to a waiver, must adopt a 20 consistent public school facilities element and enter the 21 interlocal agreement pursuant to s. 163.31777. The state land 22 planning agency shall provide a waiver to a county and to the 23 municipalities within the county if the utilization rate for 24 all schools within the school district is no greater than 100 25 percent and the projected 5-year capital outlay full-time 26 equivalent student growth rate is less than 10 percent. The 27 state land planning agency may, at its discretion, allow for a 28 single school to exceed the 100-percent limitation if it can 29 be demonstrated that the utilization rate for that single 30 school is not greater than 105 percent. A municipality in a 31 nonexempt county is exempt if the municipality meets all of 13 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 the following criteria for having no significant impact on 2 school attendance: 3 1. The municipality has issued development orders for 4 fewer than 50 residential dwelling units during the preceding 5 5 years, or the municipality has generated fewer than 25 6 additional public school students during the preceding 5 7 years. 8 2. The municipality has not annexed new land during 9 the preceding 5 years in land use categories that permit 10 residential uses that will affect school attendance rates. 11 3. The municipality has no public schools located 12 within its boundaries. 13 4. At least 80 percent of the developable land within 14 the boundaries of the municipality has been built upon. 15 (b)(a) A public school facilities element shall be 16 based upon data and analyses that address, among other items, 17 how level-of-service standards will be achieved and 18 maintained. Such data and analyses must include, at a minimum, 19 such items as: the interlocal agreement adopted pursuant to s. 20 163.31777 and the 5-year school district facilities work 21 program adopted pursuant to s. 1013.35; the educational plant 22 survey prepared pursuant to s. 1013.31 and an existing 23 educational and ancillary plant map or map series; information 24 on existing development and development anticipated for the 25 next 5 years and the long-term planning period; an analysis of 26 problems and opportunities for existing schools and schools 27 anticipated in the future; an analysis of opportunities to 28 collocate future schools with other public facilities such as 29 parks, libraries, and community centers; an analysis of the 30 need for supporting public facilities for existing and future 31 schools; an analysis of opportunities to locate schools to 14 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 serve as community focal points; projected future population 2 and associated demographics, including development patterns 3 year by year for the upcoming 5-year and long-term planning 4 periods; and anticipated educational and ancillary plants with 5 land area requirements. 6 (c)(b) The element shall contain one or more goals 7 which establish the long-term end toward which public school 8 programs and activities are ultimately directed. 9 (d)(c) The element shall contain one or more 10 objectives for each goal, setting specific, measurable, 11 intermediate ends that are achievable and mark progress toward 12 the goal. 13 (e)(d) The element shall contain one or more policies 14 for each objective which establish the way in which programs 15 and activities will be conducted to achieve an identified 16 goal. 17 (f)(e) The objectives and policies shall address items 18 such as: 19 1. The procedure for an annual update process; 20 2. The procedure for school site selection; 21 3. The procedure for school permitting; 22 4. Provision for of supporting infrastructure 23 necessary to support proposed schools, including potable 24 water, wastewater, drainage, solid waste, transportation, and 25 means by which to assure safe access to schools, including 26 sidewalks, bicycle paths, turn lanes, and signalization; 27 5. Provision for colocation of other public 28 facilities, such as parks, libraries, and community centers, 29 in proximity to public schools; 30 6. Provision for location of schools proximate to 31 residential areas and to complement patterns of development, 15 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 including the location of future school sites so they serve as 2 community focal points; 3 7. Measures to ensure compatibility of school sites 4 and surrounding land uses; 5 8. Coordination with adjacent local governments and 6 the school district on emergency preparedness issues, 7 including the use of public schools to serve as emergency 8 shelters; and 9 9. Coordination with the future land use element. 10 (g)(f) The element shall include one or more future 11 conditions maps which depict the anticipated location of 12 educational and ancillary plants, including the general 13 location of improvements to existing schools or new schools 14 anticipated over the 5-year, or long-term planning period. The 15 maps will of necessity be general for the long-term planning 16 period and more specific for the 5-year period. Maps 17 indicating general locations of future schools or school 18 improvements may not prescribe a land use on a particular 19 parcel of land. 20 (h) The state land planning agency shall establish a 21 phased schedule for adoption of the public school facilities 22 element and the required updates to the public schools 23 interlocal agreement pursuant to s. 163.31777. The schedule 24 shall provide for each county and local government within the 25 county to adopt the element and update to the agreement no 26 later than December 1, 2008. Plan amendments to adopt a public 27 school facilities element are exempt from the provisions of s. 28 163.3187(1). 29 (13) Local governments are encouraged to develop a 30 community vision that provides for sustainable growth, 31 recognizes its fiscal constraints, and protects its natural 16 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 resources. At the request of a local government, the 2 applicable regional planning council shall provide assistance 3 in the development of a community vision. 4 (a) As part of the process of developing a community 5 vision under this section, the local government must hold two 6 public meetings with at least one of those meetings before the 7 land planning agency. Before those public meetings, the local 8 government must hold at least one public workshop with 9 stakeholder groups such as neighborhood associations, 10 community organizations, businesses, private property owners, 11 housing and development interests, and environmental 12 organizations. 13 (b) The local government must discuss the following 14 topics as part of the workshops and public meetings required 15 under paragraph (a): 16 1. Future growth in the area using population 17 forecasts from the Bureau of Economic and Business Research; 18 2. Priorities for economic development; 19 3. Preservation of open space, environmentally 20 sensitive lands, and agricultural lands; 21 4. Appropriate areas and standards for mixed-use 22 development; 23 5. Appropriate areas and standards for high-density 24 commercial and residential development; 25 6. Appropriate areas and standards for 26 economic-development opportunities and employment centers; 27 7. Provisions for adequate workforce housing; 28 8. An efficient, interconnected multimodal 29 transportation system; and 30 9. Opportunities to create land use patterns that 31 accommodate the issues listed in subparagraphs 1.-8. 17 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 (c) As part of the workshops and public meetings, the 2 local government must discuss strategies for implementing the 3 topics listed under paragraph (b), including: 4 1. Strategies to preserve open space, environmentally 5 sensitive lands, and agricultural lands, including innovative 6 planning and development strategies, such as the transfer of 7 development rights; 8 2. Incentives for mixed-use development, including 9 increased height and intensity standards for buildings that 10 provide residential use in combination with office or 11 commercial space; 12 3. Incentives for workforce housing; 13 4. Designation of an urban service boundary pursuant 14 to subsection (2); and 15 5. Strategies to provide mobility within the community 16 and to protect the Strategic Intermodal System, including the 17 development of a transportation corridor management plan under 18 s. 337.273. 19 (d) The community vision must reflect the community's 20 shared concept for growth and development of the community, 21 including visual representations depicting the desired 22 land-use patterns and character of the community during a 23 10-year planning timeframe. The community vision must also 24 take into consideration economic viability of the vision and 25 private property interests. 26 (e) After the workshops and public hearings required 27 under paragraph (a) are held, the local government may amend 28 its comprehensive plan to include the community vision as a 29 component in the plan. This plan amendment must be transmitted 30 and adopted pursuant to the procedures in ss. 163.3184 and 31 163.3189 at public hearings of the governing body other than 18 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 those identified in paragraph (a). 2 (f) Amendments submitted under this subsection are 3 exempt from the limitation on the frequency of plan amendments 4 in s. 163.3187. 5 (g) A county that has adopted a community vision as a 6 component of the comprehensive plan and the plan amendment 7 incorporating the vision has been found in compliance may levy 8 a local option fuel tax under s. 336.025(1)(b) by a majority 9 vote of its governing body. 10 (h) A county that has adopted a community vision as a 11 component of the comprehensive plan and the plan amendment 12 incorporating the vision has been found in compliance may levy 13 the ninth-cent fuel tax under s. 336.021(1)(a) by a majority 14 vote of its governing body. 15 (14) Local governments are also encouraged to 16 designate an urban service boundary. This area must be 17 appropriate for compact, contiguous urban development within a 18 10-year planning timeframe. The urban service area boundary 19 must be identified on the future land use map or map series. 20 The local government shall demonstrate that the land included 21 within the urban service boundary is served or is planned to 22 be served with adequate public facilities and services based 23 on the local government's adopted level-of-service standards 24 by adopting a 10-year facilities plan in the capital 25 improvements element which is financially feasible within the 26 10-year planning timeframe. The local government shall 27 demonstrate that the amount of land within the urban service 28 boundary does not exceed the amount of land needed to 29 accommodate the projected population growth at densities 30 consistent with the adopted comprehensive plan within the 31 10-year planning timeframe. 19 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 (a) As part of the process of establishing an urban 2 service boundary, the local government must hold two public 3 meetings with at least one of those meetings before the land 4 planning agency. Before those public meetings, the local 5 government must hold at least one public workshop with 6 stakeholder groups such as neighborhood associations, 7 community organizations, businesses, private property owners, 8 housing and development interests, and environmental 9 organizations. 10 (b)1. After the workshops and public meetings required 11 under paragraph (a) are held, the local government may amend 12 its comprehensive plan to include the urban service boundary. 13 This plan amendment must be transmitted and adopted pursuant 14 to the procedures in ss. 163.3184 and 163.3189 at meetings of 15 the governing body other than those required under paragraph 16 (a). 17 2. This subsection does not prohibit new development 18 outside an urban service boundary. However, a local government 19 that establishes an urban service boundary under this 20 subsection is encouraged to require a full-cost accounting 21 analysis for any new development outside the boundary and to 22 consider the results of that analysis when adopting a plan 23 amendment for property outside the established urban service 24 boundary. 25 (c) Amendments submitted under this subsection are 26 exempt from the limitation on the frequency of plan amendments 27 in s. 163.3187. 28 (d) A county that has adopted a community vision under 29 subsection (13) and an urban service boundary under this 30 subsection as part of its comprehensive plan and the plan 31 amendment incorporating the vision and the urban service 20 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 boundary has been found in compliance may levy the charter 2 county transit system surtax under s. 212.055(1) by a majority 3 vote of the governing body. 4 (e) A county that has adopted a community vision under 5 subsection (13) and an urban service boundary under this 6 subsection and the plan amendment incorporating the vision and 7 the urban service boundary has been found in compliance may 8 levy the local government infrastructure surtax under s. 9 212.055(2) by a majority vote of its governing body. 10 (f) A small county that has adopted a community vision 11 under subsection (13) and an urban service boundary under this 12 subsection and the plan amendment incorporating the vision and 13 the urban service boundary has been found in compliance may 14 levy the local government infrastructure surtax under s. 15 212.055(2) and the small county surtax under s. 212.055(3) by 16 a majority vote of its governing body for a combined rate of 17 up to 2 percent. 18 Section 3. Section 163.31776, Florida Statutes, is 19 repealed. 20 Section 4. Subsections (2), (5), (6), and (7) of 21 section 163.31777, Florida Statutes, are amended to read: 22 163.31777 Public schools interlocal agreement.-- 23 (2) At a minimum, the interlocal agreement must 24 address interlocal-agreement requirements in s. 25 163.3180(13)(g), except for exempt local governments as 26 provided in s. 163.3177(12), and must address the following 27 issues: 28 (a) A process by which each local government and the 29 district school board agree and base their plans on consistent 30 projections of the amount, type, and distribution of 31 population growth and student enrollment. The geographic 21 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 distribution of jurisdiction-wide growth forecasts is a major 2 objective of the process. 3 (b) A process to coordinate and share information 4 relating to existing and planned public school facilities, 5 including school renovations and closures, and local 6 government plans for development and redevelopment. 7 (c) Participation by affected local governments with 8 the district school board in the process of evaluating 9 potential school closures, significant renovations to existing 10 schools, and new school site selection before land 11 acquisition. Local governments shall advise the district 12 school board as to the consistency of the proposed closure, 13 renovation, or new site with the local comprehensive plan, 14 including appropriate circumstances and criteria under which a 15 district school board may request an amendment to the 16 comprehensive plan for school siting. 17 (d) A process for determining the need for and timing 18 of onsite and offsite improvements to support new, proposed 19 expansion, or redevelopment of existing schools. The process 20 must address identification of the party or parties 21 responsible for the improvements. 22 (e) A process for the school board to inform the local 23 government regarding the effect of comprehensive plan 24 amendments on school capacity. The capacity reporting must be 25 consistent with laws and rules relating to measurement of 26 school facility capacity and must also identify how the 27 district school board will meet the public school demand based 28 on the facilities work program adopted pursuant to s. 1013.35. 29 (f) Participation of the local governments in the 30 preparation of the annual update to the district school 31 board's 5-year district facilities work program and 22 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 educational plant survey prepared pursuant to s. 1013.35. 2 (g) A process for determining where and how joint use 3 of either school board or local government facilities can be 4 shared for mutual benefit and efficiency. 5 (h) A procedure for the resolution of disputes between 6 the district school board and local governments, which may 7 include the dispute resolution processes contained in chapters 8 164 and 186. 9 (i) An oversight process, including an opportunity for 10 public participation, for the implementation of the interlocal 11 agreement. 12 13 A signatory to the interlocal agreement may elect not to 14 include a provision meeting the requirements of paragraph (e); 15 however, such a decision may be made only after a public 16 hearing on such election, which may include the public hearing 17 in which a district school board or a local government adopts 18 the interlocal agreement. An interlocal agreement entered into 19 pursuant to this section must be consistent with the adopted 20 comprehensive plan and land development regulations of any 21 local government that is a signatory. 22 (5) Any local government transmitting a public school 23 element to implement school concurrency pursuant to the 24 requirements of s. 163.3180 before the effective date of this 25 section is not required to amend the element or any interlocal 26 agreement to conform with the provisions of this section if 27 the element is adopted prior to or within 1 year after the 28 effective date of this section and remains in effect until the 29 county conducts its evaluation and appraisal report and 30 identifies changes necessary to more fully conform to the 31 provisions of this section. 23 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 (6) Except as provided in subsection (7), 2 municipalities meeting the exemption criteria in s. 3 163.3177(12) having no established need for a new school 4 facility and meeting the following criteria are exempt from 5 the requirements of subsections (1), (2), and (3).: 6 (a) The municipality has no public schools located 7 within its boundaries. 8 (b) The district school board's 5-year facilities work 9 program and the long-term 10-year and 20-year work programs, 10 as provided in s. 1013.35, demonstrate that no new school 11 facility is needed in the municipality. In addition, the 12 district school board must verify in writing that no new 13 school facility will be needed in the municipality within the 14 5-year and 10-year timeframes. 15 (7) At the time of the evaluation and appraisal 16 report, each exempt municipality shall assess the extent to 17 which it continues to meet the criteria for exemption under s. 18 163.3177(12) subsection (6). If the municipality continues to 19 meet these criteria and the district school board verifies in 20 writing that no new school facilities will be needed within 21 the 5-year and 10-year timeframes, the municipality shall 22 continue to be exempt from the interlocal-agreement 23 requirement. Each municipality exempt under s. 163.3177(12) 24 subsection (6) must comply with the provisions of this section 25 within 1 year after the district school board proposes, in its 26 5-year district facilities work program, a new school within 27 the municipality's jurisdiction. 28 Section 5. Paragraph (a) of subsection (1), subsection 29 (2), paragraph (c) of subsection (4), subsections (5), (6), 30 (7), (9), (10), (13), and (15) of section 163.3180, Florida 31 Statutes, are amended, and subsections (16) and (17) are added 24 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 to that section, to read: 2 163.3180 Concurrency.-- 3 (1)(a) Sanitary sewer, solid waste, drainage, potable 4 water, parks and recreation, schools, and transportation 5 facilities, including mass transit, where applicable, are the 6 only public facilities and services subject to the concurrency 7 requirement on a statewide basis. Additional public facilities 8 and services may not be made subject to concurrency on a 9 statewide basis without appropriate study and approval by the 10 Legislature; however, any local government may extend the 11 concurrency requirement so that it applies to additional 12 public facilities within its jurisdiction. 13 (2)(a) Consistent with public health and safety, 14 sanitary sewer, solid waste, drainage, adequate water 15 supplies, and potable water facilities shall be in place and 16 available to serve new development no later than the issuance 17 by the local government's approval to commence construction 18 government of a certificate of occupancy or its functional 19 equivalent. 20 (b) Consistent with the public welfare, and except as 21 otherwise provided in this section, parks and recreation 22 facilities to serve new development shall be in place or under 23 actual construction no later than 1 year after issuance by the 24 local government of a certificate of occupancy or its 25 functional equivalent. However, the acreage for such 26 facilities shall be dedicated or be acquired by the local 27 government prior to issuance by the local government of a 28 certificate of occupancy or its functional equivalent, or 29 funds in the amount of the developer's fair share shall be 30 committed no later than prior to issuance by the local 31 government's approval to commence construction government of a 25 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 certificate of occupancy or its functional equivalent. 2 (c) Consistent with the public welfare, and except as 3 otherwise provided in this section, transportation facilities 4 designated as part of the Florida Intrastate Highway System 5 needed to serve new development shall be in place when the 6 local government approves the commencement of construction of 7 each stage or phase of the development, or the facility must 8 be or under actual construction within 3 not more than 5 years 9 after the date of the local government's approval to commence 10 construction of each stage or phase of the development. 11 issuance by the local government of a certificate of occupancy 12 or its functional equivalent. Other transportation facilities 13 needed to serve new development shall be in place or under 14 actual construction no more than 3 years after issuance by the 15 local government of a certificate of occupancy or its 16 functional equivalent. 17 (4) 18 (c) The concurrency requirement, except as it relates 19 to transportation facilities, as implemented in local 20 government comprehensive plans, may be waived by a local 21 government for urban infill and redevelopment areas designated 22 pursuant to s. 163.2517 if such a waiver does not endanger 23 public health or safety as defined by the local government in 24 its local government comprehensive plan. The waiver shall be 25 adopted as a plan amendment pursuant to the process set forth 26 in s. 163.3187(3)(a). A local government may grant a 27 concurrency exception pursuant to subsection (5) for 28 transportation facilities located within these urban infill 29 and redevelopment areas. 30 (5)(a) The Legislature finds that under limited 31 circumstances dealing with transportation facilities, 26 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 countervailing planning and public policy goals may come into 2 conflict with the requirement that adequate public facilities 3 and services be available concurrent with the impacts of such 4 development. The Legislature further finds that often the 5 unintended result of the concurrency requirement for 6 transportation facilities is the discouragement of urban 7 infill development and redevelopment. Such unintended results 8 directly conflict with the goals and policies of the state 9 comprehensive plan and the intent of this part. Therefore, 10 exceptions from the concurrency requirement for transportation 11 facilities may be granted as provided by this subsection. 12 (b) A local government may grant an exception from the 13 concurrency requirement for transportation facilities if the 14 proposed development is otherwise consistent with the adopted 15 local government comprehensive plan and is a project that 16 promotes public transportation or is located within an area 17 designated in the comprehensive plan for: 18 1. Urban infill development, 19 2. Urban redevelopment, 20 3. Downtown revitalization, or 21 4. Urban infill and redevelopment under s. 163.2517. 22 (c) The Legislature also finds that developments 23 located within urban infill, urban redevelopment, existing 24 urban service, or downtown revitalization areas or areas 25 designated as urban infill and redevelopment areas under s. 26 163.2517 which pose only special part-time demands on the 27 transportation system should be excepted from the concurrency 28 requirement for transportation facilities. A special 29 part-time demand is one that does not have more than 200 30 scheduled events during any calendar year and does not affect 31 the 100 highest traffic volume hours. 27 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 (d) A local government shall establish guidelines in 2 the comprehensive plan for granting the exceptions authorized 3 in paragraphs (b) and (c) and subsections (7) and (15) shall 4 be consistent with and support a comprehensive strategy 5 adopted in the plan to promote the purpose of the exceptions. 6 (e) The local government shall adopt into the plan and 7 implement strategies to support and fund mobility within the 8 designated exception area, including alternative modes of 9 transportation. The plan amendment shall also demonstrate how 10 strategies will support the purpose of the exception and how 11 mobility within the designated exception area will be 12 provided. In addition, the strategies must address urban 13 design; appropriate land use mixes, including intensity and 14 density; and network connectivity plans needed to promote 15 urban infill, redevelopment, or downtown revitalization. The 16 comprehensive plan amendment designating the concurrency 17 exception area shall be accompanied by data and analysis 18 justifying the size of the area. 19 (f) Prior to the designation of concurrency exception 20 area, the Department of Transportation shall be consulted by 21 the local government to assess the impact that the proposed 22 exception area is expected to have on the adopted level of 23 service standards established for Strategic Intermodal System 24 facilities, as defined in s. 339.64. Further, the local 25 government shall, in cooperation with the Department of 26 Transportation, develop a plan to mitigate any impacts to the 27 Strategic Intermodal System, including, if appropriate, the 28 development of a long-term concurrency management system 29 pursuant to ss. 163.3177(3)(d) and 163.3180(9). in the 30 comprehensive plan. These guidelines must include 31 consideration of the impacts on the Florida Intrastate Highway 28 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 System, as defined in s. 338.001. The exceptions may be 2 available only within the specific geographic area of the 3 jurisdiction designated in the plan. Pursuant to s. 163.3184, 4 any affected person may challenge a plan amendment 5 establishing these guidelines and the areas within which an 6 exception could be granted. 7 (g) Transportation concurrency exception areas 8 existing prior to July 1, 2005, shall meet, at a minimum, the 9 provisions of this section by July 1, 2006, or at the time of 10 the comprehensive plan update pursuant to the evaluation and 11 appraisal report, whichever occurs last. 12 (6) The Legislature finds that a de minimis impact is 13 consistent with this part. A de minimis impact is an impact 14 that would not affect more than 1 percent of the maximum 15 volume at the adopted level of service of the affected 16 transportation facility as determined by the local government. 17 No impact will be de minimis if the sum of existing roadway 18 volumes and the projected volumes from approved projects on a 19 transportation facility would exceed 110 percent of the 20 maximum volume at the adopted level of service of the affected 21 transportation facility; provided however, that an impact of a 22 single family home on an existing lot will constitute a de 23 minimis impact on all roadways regardless of the level of the 24 deficiency of the roadway. Local governments are encouraged to 25 adopt methodologies to encourage de minimis impacts on 26 transportation facilities within an existing urban service 27 area. Further, no impact will be de minimis if it would exceed 28 the adopted level-of-service standard of any affected 29 designated hurricane evacuation routes. Each local government 30 shall maintain sufficient records to ensure that the 31 110-percent criteria is not exceeded. Each local government 29 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 shall submit annually, with its updated capital improvements 2 element, a summary of the de minimus records. If the state 3 land planning agency determines that the 110-percent criteria 4 has been exceeded, the state land planning agency shall notify 5 the local government of the exceedance and that no further de 6 minimis exceptions for the applicable roadway may be granted 7 until such time as the volume is reduced below the 110 8 percent. The local government shall provide proof of this 9 reduction to the state land planning agency before issuing 10 further de minimis exceptions. 11 (7) In order to promote infill development and 12 redevelopment, one or more transportation concurrency 13 management areas may be designated in a local government 14 comprehensive plan. A transportation concurrency management 15 area must be a compact geographic area with an existing 16 network of roads where multiple, viable alternative travel 17 paths or modes are available for common trips. A local 18 government may establish an areawide level-of-service standard 19 for such a transportation concurrency management area based 20 upon an analysis that provides for a justification for the 21 areawide level of service, how urban infill development or 22 redevelopment will be promoted, and how mobility will be 23 accomplished within the transportation concurrency management 24 area. Prior to the designation of a concurrency management 25 area, the Department of Transportation shall be consulted by 26 the local government to assess the impact that the proposed 27 management exception area is expected to have on the adopted 28 level of service standards established for Strategic 29 Intermodal System facilities, as defined in s. 339.64. 30 Further, the local government shall, in cooperation with the 31 Department of Transportation, develop a plan to mitigate any 30 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 impacts to the Strategic Intermodal System, including, if 2 appropriate, the development of a long-term concurrency 3 management system pursuant to ss. 163.3177(3)(d) and 4 163.3180(9). Transportation concurrency management areas 5 existing prior to July 1, 2005, shall meet, at a minimum, the 6 provisions of this section by July 1, 2006, or at the time of 7 the comprehensive plan update pursuant to the evaluation and 8 appraisal report, whichever occurs last. The state land 9 planning agency shall amend chapter 9J-5, Florida 10 Administrative Code, to be consistent with this subsection. 11 (9)(a) Each local government may adopt as a part of 12 its plan, a long-term transportation and school concurrency 13 management systems system with a planning period of up to 10 14 years for specially designated districts or areas where 15 significant backlogs exist. The plan may include interim 16 level-of-service standards on certain facilities and shall may 17 rely on the local government's schedule of capital 18 improvements for up to 10 years as a basis for issuing 19 development orders that authorize commencement of construction 20 permits in these designated districts or areas. The 21 concurrency management system. It must be designed to correct 22 existing deficiencies and set priorities for addressing 23 backlogged facilities. The concurrency management system It 24 must be financially feasible and consistent with other 25 portions of the adopted local plan, including the future land 26 use map. 27 (b) If a local government has a transportation or 28 school facility backlog for existing development which cannot 29 be adequately addressed in a 10-year plan, the state land 30 planning agency may allow it to develop a plan and long-term 31 schedule of capital improvements covering of up to 15 years 31 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 for good and sufficient cause, based on a general comparison 2 between that local government and all other similarly situated 3 local jurisdictions, using the following factors: 4 1. The extent of the backlog. 5 2. For roads, whether the backlog is on local or state 6 roads. 7 3. The cost of eliminating the backlog. 8 4. The local government's tax and other 9 revenue-raising efforts. 10 (c) The local government may issue approvals to 11 commence construction notwithstanding s. 163.3180, consistent 12 with and in areas that are subject to a long-term concurrency 13 management system. 14 (d) If the local government adopts a long-term 15 concurrency management system, it must evaluate the system 16 periodically. At a minimum, the local government must assess 17 its progress toward improving levels of service within the 18 long-term concurrency management district or area in the 19 evaluation and appraisal report and determine any changes that 20 are necessary to accelerate progress in meeting acceptable 21 levels of service. 22 (10) With regard to roadway facilities on the 23 Strategic Intermodal Florida Intrastate Highway System as 24 defined in s. 338.001, with concurrence from the Department of 25 Transportation, the level-of-service standard for general 26 lanes in urbanized areas, as defined in s. 334.03(36), may be 27 established by the local government in the comprehensive plan. 28 For all other facilities on the Florida Intrastate Highway 29 System, local governments shall adopt the level-of-service 30 standard established by the Department of Transportation by 31 rule. For all other roads on the State Highway System, local 32 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 governments shall establish an adequate level-of-service 2 standard that need not be consistent with any level-of-service 3 standard established by the Department of Transportation. In 4 establishing adequate level-of-service standards for any 5 arterial roads, or collector roads as appropriate, which 6 traverse multiple jurisdictions, local governments shall 7 consider compatibility with the roadway facility's adopted 8 level-of-service standards in adjacent jurisdictions. Each 9 local government within a county shall use a common and 10 professionally accepted methodology for measuring impacts on 11 transportation facilities for the purposes of implementing its 12 concurrency management system. Counties are encouraged to 13 coordinate with adjacent counties for the purpose of using 14 common methodologies for measuring impacts on transportation 15 facilities for the purpose of implementing their concurrency 16 management systems. 17 (13) School concurrency, if imposed by local option, 18 shall be established on a districtwide basis and shall include 19 all public schools in the district and all portions of the 20 district, whether located in a municipality or an 21 unincorporated area unless exempt from the public school 22 facilities element pursuant to s. 163.3177(12). The 23 application of school concurrency to development shall be 24 based upon the adopted comprehensive plan, as amended. All 25 local governments within a county, except as provided in 26 paragraph (f), shall adopt and transmit to the state land 27 planning agency the necessary plan amendments, along with the 28 interlocal agreement, for a compliance review pursuant to s. 29 163.3184(7) and (8). School concurrency shall not become 30 effective in a county until all local governments, except as 31 provided in paragraph (f), have adopted the necessary plan 33 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 amendments, which together with the interlocal agreement, are 2 determined to be in compliance with the requirements of this 3 part. The minimum requirements for school concurrency are the 4 following: 5 (a) Public school facilities element.--A local 6 government shall adopt and transmit to the state land planning 7 agency a plan or plan amendment which includes a public school 8 facilities element which is consistent with the requirements 9 of s. 163.3177(12) and which is determined to be in compliance 10 as defined in s. 163.3184(1)(b). All local government public 11 school facilities plan elements within a county must be 12 consistent with each other as well as the requirements of this 13 part. 14 (b) Level-of-service standards.--The Legislature 15 recognizes that an essential requirement for a concurrency 16 management system is the level of service at which a public 17 facility is expected to operate. 18 1. Local governments and school boards imposing school 19 concurrency shall exercise authority in conjunction with each 20 other to establish jointly adequate level-of-service 21 standards, as defined in chapter 9J-5, Florida Administrative 22 Code, necessary to implement the adopted local government 23 comprehensive plan, based on data and analysis. 24 2. Public school level-of-service standards shall be 25 included and adopted into the capital improvements element of 26 the local comprehensive plan and shall apply districtwide to 27 all schools of the same type. Types of schools may include 28 elementary, middle, and high schools as well as special 29 purpose facilities such as magnet schools. 30 3. Local governments and school boards shall have the 31 option to utilize tiered level-of-service standards to allow 34 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 time to achieve an adequate and desirable level of service as 2 circumstances warrant. 3 (c) Service areas.--The Legislature recognizes that an 4 essential requirement for a concurrency system is a 5 designation of the area within which the level of service will 6 be measured when an application for a residential development 7 permit is reviewed for school concurrency purposes. This 8 delineation is also important for purposes of determining 9 whether the local government has a financially feasible public 10 school capital facilities program that will provide schools 11 which will achieve and maintain the adopted level-of-service 12 standards. 13 1. In order to balance competing interests, preserve 14 the constitutional concept of uniformity, and avoid disruption 15 of existing educational and growth management processes, local 16 governments are encouraged to initially apply school 17 concurrency to development only on a districtwide basis so 18 that a concurrency determination for a specific development 19 will be based upon the availability of school capacity 20 districtwide. To ensure that development is coordinated with 21 schools having available capacity, within 5 years after 22 adoption of school concurrency, local governments shall apply 23 school concurrency on a less than districtwide basis, such as 24 using school attendance zones or concurrency service areas, as 25 provided in subparagraph 2. 26 2. For local governments applying school concurrency 27 on a less than districtwide basis, such as utilizing school 28 attendance zones or larger school concurrency service areas, 29 local governments and school boards shall have the burden to 30 demonstrate that the utilization of school capacity is 31 maximized to the greatest extent possible in the comprehensive 35 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 plan and amendment, taking into account transportation costs 2 and court-approved desegregation plans, as well as other 3 factors. In addition, in order to achieve concurrency within 4 the service area boundaries selected by local governments and 5 school boards, the service area boundaries, together with the 6 standards for establishing those boundaries, shall be 7 identified and, included as supporting data and analysis for, 8 and adopted as part of the comprehensive plan. Any subsequent 9 change to the service area boundaries for purposes of a school 10 concurrency system shall be by plan amendment and shall be 11 exempt from the limitation on the frequency of plan amendments 12 in s. 163.3187(1). 13 3. Where school capacity is available on a 14 districtwide basis but school concurrency is applied on a less 15 than districtwide basis in the form of concurrency service 16 areas, if the adopted level-of-service standard cannot be met 17 in a particular service area as applied to an application for 18 a development permit through mitigation or other measures and 19 if the needed capacity for the particular service area is 20 available in one or more contiguous service areas, as adopted 21 by the local government, then the development order may not 22 shall be denied on the basis of school concurrency, and if 23 issued, development impacts shall be shifted to contiguous 24 service areas with schools having available capacity and 25 mitigation measures shall not be exacted. 26 (d) Financial feasibility.--The Legislature recognizes 27 that financial feasibility is an important issue because the 28 premise of concurrency is that the public facilities will be 29 provided in order to achieve and maintain the adopted 30 level-of-service standard. This part and chapter 9J-5, Florida 31 Administrative Code, contain specific standards to determine 36 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 the financial feasibility of capital programs. These standards 2 were adopted to make concurrency more predictable and local 3 governments more accountable. 4 1. A comprehensive plan amendment seeking to impose 5 school concurrency shall contain appropriate amendments to the 6 capital improvements element of the comprehensive plan, 7 consistent with the requirements of s. 163.3177(3) and rule 8 9J-5.016, Florida Administrative Code. The capital 9 improvements element shall set forth a financially feasible 10 public school capital facilities program, established in 11 conjunction with the school board, that demonstrates that the 12 adopted level-of-service standards will be achieved and 13 maintained. 14 2. Such amendments shall demonstrate that the public 15 school capital facilities program meets all of the financial 16 feasibility standards of this part and chapter 9J-5, Florida 17 Administrative Code, that apply to capital programs which 18 provide the basis for mandatory concurrency on other public 19 facilities and services. 20 3. When the financial feasibility of a public school 21 capital facilities program is evaluated by the state land 22 planning agency for purposes of a compliance determination, 23 the evaluation shall be based upon the service areas selected 24 by the local governments and school board. 25 (e) Availability standard.--Consistent with the public 26 welfare, a local government may not deny a development order 27 or its functional equivalent permit authorizing residential 28 development for failure to achieve and maintain the 29 level-of-service standard for public school capacity in a 30 local option school concurrency system where adequate school 31 facilities will be in place or under actual construction 37 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 within 3 years after permit issuance of subdivision or site 2 plan approval, or its functional equivalent. However, in 3 accordance with s. 163.3180(16)(a) where adequate school 4 facilities are not in place or under construction within 3 5 years after subdivision or site plan approval, or its 6 functional equivalent, the development order shall be approved 7 if the developer executes a development order may be approved 8 if the developer executes a legally binding commitment to 9 provide mitigation proportionate to the demand for public 10 school facilities to be created by actual development of the 11 property, including, but not limited to, the options described 12 in subparagraph 1. Options for proportionate-share mitigation 13 of impacts on public school facilities shall be established in 14 the public school facilities element and the interlocal 15 agreement pursuant to s. 163.31777. 16 1. Appropriate mitigation options include the 17 contribution of land; the construction, expansion, or payment 18 for land acquistion or construction of a public school 19 facility; or the creation of mitigation banking based on the 20 construction of a public school facility in exchange for the 21 right to sell capacity credits. Such options must include 22 execution by the applicant and the local government of a 23 binding development agreement that constitutes a legally 24 binding commitment to pay proportionate-share mitigation for 25 the additional residential units approved by the local 26 government in a development order and actually developed on 27 the property, taking into account residential density allowed 28 on the property prior to the plan amendment that increased 29 overall residential density. The district school board shall 30 be a party to such an agreement. As a condition of its entry 31 into such a development agreement, the local government may 38 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 require the landowner to agree to continuing renewal of the 2 agreement upon its expiration. 3 2. If the education facilities plan and the public 4 educational facilities element authorize a contribution of 5 land; the construction, expansion, or payment for land 6 acquistion; or the construction or expansion of a public 7 school facility, or a portion thereof, as proportionate-share 8 mitigation, the local government shall credit such a 9 contribution, construction, expansion, or payment toward any 10 other impact fee or exaction imposed by local ordinance for 11 the same need, on a dollar-for-dollar basis at fair market 12 value. 13 3. Any proportionate-share mitigation must be directed 14 by the school board toward a school capacity improvement 15 identified in a financially feasible 5-year district work plan 16 and which satisfies the demands created by that development in 17 accordance with a binding developer's agreement. 18 (f) Intergovernmental coordination.-- 19 1. When establishing concurrency requirements for 20 public schools, a local government shall satisfy the 21 requirements for intergovernmental coordination set forth in 22 s. 163.3177(6)(h)1. and 2., except that a municipality is not 23 required to be a signatory to the interlocal agreement 24 required by ss. s. 163.3177(6)(h)2. and 163.31777(6), as a 25 prerequisite for imposition of school concurrency, and as a 26 nonsignatory, shall not participate in the adopted local 27 school concurrency system, if the municipality meets all of 28 the following criteria for having no significant impact on 29 school attendance: 30 a. The municipality has issued development orders for 31 fewer than 50 residential dwelling units during the preceding 39 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 5 years, or the municipality has generated fewer than 25 2 additional public school students during the preceding 5 3 years. 4 b. The municipality has not annexed new land during 5 the preceding 5 years in land use categories which permit 6 residential uses that will affect school attendance rates. 7 c. The municipality has no public schools located 8 within its boundaries. 9 d. At least 80 percent of the developable land within 10 the boundaries of the municipality has been built upon. 11 2. A municipality which qualifies as having no 12 significant impact on school attendance pursuant to the 13 criteria of subparagraph 1. must review and determine at the 14 time of its evaluation and appraisal report pursuant to s. 15 163.3191 whether it continues to meet the criteria pursuant to 16 s. 163.31777(6). If the municipality determines that it no 17 longer meets the criteria, it must adopt appropriate school 18 concurrency goals, objectives, and policies in its plan 19 amendments based on the evaluation and appraisal report, and 20 enter into the existing interlocal agreement required by ss. 21 s. 163.3177(6)(h)2. and 163.31777, in order to fully 22 participate in the school concurrency system. If such a 23 municipality fails to do so, it will be subject to the 24 enforcement provisions of s. 163.3191. 25 (g) Interlocal agreement for school concurrency.--When 26 establishing concurrency requirements for public schools, a 27 local government must enter into an interlocal agreement that 28 which satisfies the requirements in ss. s. 163.3177(6)(h)1. 29 and 2. and 163.31777 and the requirements of this subsection. 30 The interlocal agreement shall acknowledge both the school 31 board's constitutional and statutory obligations to provide a 40 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 uniform system of free public schools on a countywide basis, 2 and the land use authority of local governments, including 3 their authority to approve or deny comprehensive plan 4 amendments and development orders. The interlocal agreement 5 shall be submitted to the state land planning agency by the 6 local government as a part of the compliance review, along 7 with the other necessary amendments to the comprehensive plan 8 required by this part. In addition to the requirements of ss. 9 s. 163.3177(6)(h) and 163.31777, the interlocal agreement 10 shall meet the following requirements: 11 1. Establish the mechanisms for coordinating the 12 development, adoption, and amendment of each local 13 government's public school facilities element with each other 14 and the plans of the school board to ensure a uniform 15 districtwide school concurrency system. 16 2. Establish a process by which each local government 17 and the school board shall agree and base their plans on 18 consistent projections of the amount, type, and distribution 19 of population growth and coordinate and share information 20 relating to existing and planned public school facilities 21 projections and proposals for development and redevelopment, 22 and infrastructure required to support public school 23 facilities. 24 2.3. Establish a process for the development of siting 25 criteria which encourages the location of public schools 26 proximate to urban residential areas to the extent possible 27 and seeks to collocate schools with other public facilities 28 such as parks, libraries, and community centers to the extent 29 possible. 30 3.4. Specify uniform, districtwide level-of-service 31 standards for public schools of the same type and the process 41 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 for modifying the adopted level-of-service standards. 2 4.5. Establish a process for the preparation, 3 amendment, and joint approval by each local government and the 4 school board of a public school capital facilities program 5 which is financially feasible, and a process and schedule for 6 incorporation of the public school capital facilities program 7 into the local government comprehensive plans on an annual 8 basis. 9 5.6. Define the geographic application of school 10 concurrency. If school concurrency is to be applied on a less 11 than districtwide basis in the form of concurrency service 12 areas, the agreement shall establish criteria and standards 13 for the establishment and modification of school concurrency 14 service areas. The agreement shall also establish a process 15 and schedule for the mandatory incorporation of the school 16 concurrency service areas and the criteria and standards for 17 establishment of the service areas into the local government 18 comprehensive plans. The agreement shall ensure maximum 19 utilization of school capacity, taking into account 20 transportation costs and court-approved desegregation plans, 21 as well as other factors. The agreement shall also ensure the 22 achievement and maintenance of the adopted level-of-service 23 standards for the geographic area of application throughout 24 the 5 years covered by the public school capital facilities 25 plan and thereafter by adding a new fifth year during the 26 annual update. 27 6.7. Establish a uniform districtwide procedure for 28 implementing school concurrency which provides for: 29 a. The evaluation of development applications for 30 compliance with school concurrency requirements, including 31 information provided by the school board on affected schools, 42 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 impact on levels of service, and programmed improvements for 2 affected schools and any options to provide sufficient 3 capacity; 4 b. An opportunity for the school board to review and 5 comment on the effect of comprehensive plan amendments and 6 rezonings on the public school facilities plan; and 7 c. The monitoring and evaluation of the school 8 concurrency system. 9 7.8. Include provisions relating to termination, 10 suspension, and amendment of the agreement. The agreement 11 shall provide that if the agreement is terminated or 12 suspended, the application of school concurrency shall be 13 terminated or suspended. 14 8. A process and uniform methodology for determining 15 proportionate-share mitigation pursuant to subparagraph (e)1. 16 (15)(a) Multimodal transportation districts may be 17 established under a local government comprehensive plan in 18 areas delineated on the future land use map for which the 19 local comprehensive plan assigns secondary priority to vehicle 20 mobility and primary priority to assuring a safe, comfortable, 21 and attractive pedestrian environment, with convenient 22 interconnection to transit. Such districts must incorporate 23 community design features that will reduce the number of 24 automobile trips or vehicle miles of travel and will support 25 an integrated, multimodal transportation system. Prior to the 26 designation of multimodal transportation districts, the 27 Department of Transportation shall be consulted by the local 28 government to assess the impact that the proposed multimodal 29 district area is expected to have on the adopted level of 30 service standards established for Strategic Intermodal System 31 facilities, as defined in s. 339.64. Further, the local 43 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 government shall, in cooperation with the Department of 2 Transportation, develop a plan to mitigate any impacts to the 3 Strategic Intermodal System, including the development of a 4 long-term concurrency management system pursuant to ss. 5 163.3177(3)(d) and 163.3180(9). Multimodal transportation 6 districts existing prior to July 1, 2005, shall meet, at a 7 minimum, the provisions of this section by July 1, 2006, or at 8 the time of the comprehensive plan update pursuant to the 9 evaluation and appraisal report, whichever occurs last. 10 (b) Community design elements of such a district 11 include: a complementary mix and range of land uses, including 12 educational, recreational, and cultural uses; interconnected 13 networks of streets designed to encourage walking and 14 bicycling, with traffic-calming where desirable; appropriate 15 densities and intensities of use within walking distance of 16 transit stops; daily activities within walking distance of 17 residences, allowing independence to persons who do not drive; 18 public uses, streets, and squares that are safe, comfortable, 19 and attractive for the pedestrian, with adjoining buildings 20 open to the street and with parking not interfering with 21 pedestrian, transit, automobile, and truck travel modes. 22 (c) Local governments may establish multimodal 23 level-of-service standards that rely primarily on nonvehicular 24 modes of transportation within the district, when justified by 25 an analysis demonstrating that the existing and planned 26 community design will provide an adequate level of mobility 27 within the district based upon professionally accepted 28 multimodal level-of-service methodologies. The analysis must 29 take into consideration the impact on the Florida Intrastate 30 Highway System. The analysis must also demonstrate that the 31 capital improvements required to promote community design are 44 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 financially feasible over the development or redevelopment 2 timeframe for the district and that community design features 3 within the district provide convenient interconnection for a 4 multimodal transportation system. Local governments may issue 5 development permits in reliance upon all planned community 6 design capital improvements that are financially feasible over 7 the development or redevelopment timeframe for the district, 8 without regard to the period of time between development or 9 redevelopment and the scheduled construction of the capital 10 improvements. A determination of financial feasibility shall 11 be based upon currently available funding or funding sources 12 that could reasonably be expected to become available over the 13 planning period. 14 (d) Local governments may reduce impact fees or local 15 access fees for development within multimodal transportation 16 districts based on the reduction of vehicle trips per 17 household or vehicle miles of travel expected from the 18 development pattern planned for the district. 19 (16) It is the intent of the Legislature to provide an 20 alternative method by which the impacts of development can be 21 mitigated by the cooperative efforts of the public and private 22 sector with respect to transportation, including transit where 23 applicable, public schools, and parks and recreation. Any 24 methodology used to calculate proportionate share 25 contributions must ensure that a development is only assessed 26 to fund improvements to facilities or services that are 27 reasonably attributable to the impacts of such development. 28 (a) The local government shall authorize in its 29 comprehensive plan mitigation methodologies to satisfy 30 concurrency requirements as an alternative to meeting 31 level-of-service standards. Options may include, but are not 45 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 limited to, proportionate share of funds, land or public 2 facilities necessary to accommodate any impacts having a 3 rational nexus to the proposed development and the need to 4 construct new facilities or add to the present system of 5 public facilities reasonably attributable to the proposed 6 development. A local government may not approve a development 7 under this subsection unless it can demonstrate that adequate 8 provision to relieve level-of-service pressure on the public 9 facilities needed to accommodate the impacts of the proposed 10 development have or can be made within a reasonable time. 11 (b) The local government may authorize in its 12 comprehensive plan, methodologies to ensure that proportionate 13 share contribution is assessed for impacts created by the 14 development prior to a failure to meet level-of-service 15 standards. Any such contribution shall be used to fund 16 improvements to facilities or services to ensure that 17 level-of-service standards are maintained. 18 (c) The comprehensive plan amendment authorizing the 19 mitigation shall designate the corridor, district, or area 20 subject to the mitigation; shall establish the methodology for 21 determining proportionate-share mitigation for development 22 impacts on such facilities; and shall establish the methods by 23 which such mitigation shall be applied to concurrency 24 requirements and implemented through the capital improvements 25 element. The methodology shall take into account other 26 development contributions, such as impact fees, ad valorem 27 taxes, and user fees, to ensure fair application of the 28 mitigation requirements. 29 (d) Mitigation for development impacts to facilities 30 on the Strategic Intermodal System or other facilities by the 31 local government, which are subject to the level-of-service 46 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 standard established by the Department of Transportation, 2 shall require the concurrence of the Department of 3 Transportation. 4 (e) Mitigation for development impacts to public 5 schools shall require the concurrence of the local school 6 board. 7 Section 6. Subsection (17) is added to section 8 163.3184, Florida Statutes, to read: 9 163.3184 Process for adoption of comprehensive plan or 10 plan amendment.-- 11 (17) A local government that has adopted a community 12 vision and urban service boundary under s. 163.31773 may adopt 13 a plan amendment related to map amendments solely to property 14 within an urban service boundary in the manner described in 15 ss. 163.3184(1), (2), (7), (14), (15), and (16) and 163.3187, 16 such that state and regional agency review is eliminated. The 17 department may not issue an objections, recommendations, and 18 comments report on proposed plan amendments or a notice of 19 intent on adopted plan amendments; however, affected persons, 20 as defined by s. 163.3184(1)(a), may file a petition for 21 administrative review pursuant to the requirements of s. 22 163.3187(3)(a) to challenge the compliance of an adopted plan 23 amendment. This subsection does not apply to a text change to 24 the goals, policies, or objectives of the local government's 25 comprehensive plan. Amendments submitted under this subsection 26 are exempt from the limitation on the frequency of plan 27 amendments in s. 163.3187. 28 Section 7. Subsections (2) and (10) of section 29 163.3191, Florida Statutes, are amended to read: 30 163.3191 Evaluation and appraisal of comprehensive 31 plan.-- 47 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 (2) The report shall present an evaluation and 2 assessment of the comprehensive plan and shall contain 3 appropriate statements to update the comprehensive plan, 4 including, but not limited to, words, maps, illustrations, or 5 other media, related to: 6 (a) Population growth and changes in land area, 7 including annexation, since the adoption of the original plan 8 or the most recent update amendments. 9 (b) The extent of vacant and developable land. 10 (c) The financial feasibility of implementing the 11 comprehensive plan and of providing needed infrastructure to 12 achieve and maintain adopted level-of-service standards and 13 sustain concurrency management systems through the capital 14 improvements element, as well as the ability to address 15 infrastructure backlogs and meet the demands of growth on 16 public services and facilities. 17 (d) The location of existing development in relation 18 to the location of development as anticipated in the original 19 plan, or in the plan as amended by the most recent evaluation 20 and appraisal report update amendments, such as within areas 21 designated for urban growth. 22 (e) An identification of the major issues for the 23 jurisdiction and, where pertinent, the potential social, 24 economic, and environmental impacts. 25 (f) Relevant changes to the state comprehensive plan, 26 the requirements of this part, the minimum criteria contained 27 in chapter 9J-5, Florida Administrative Code, and the 28 appropriate strategic regional policy plan since the adoption 29 of the original plan or the most recent evaluation and 30 appraisal report update amendments. 31 (g) An assessment of whether the plan objectives 48 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 within each element, as they relate to major issues, have been 2 achieved. The report shall include, as appropriate, an 3 identification as to whether unforeseen or unanticipated 4 changes in circumstances have resulted in problems or 5 opportunities with respect to major issues identified in each 6 element and the social, economic, and environmental impacts of 7 the issue. 8 (h) A brief assessment of successes and shortcomings 9 related to each element of the plan. 10 (i) The identification of any actions or corrective 11 measures, including whether plan amendments are anticipated to 12 address the major issues identified and analyzed in the 13 report. Such identification shall include, as appropriate, 14 new population projections, new revised planning timeframes, a 15 revised future conditions map or map series, an updated 16 capital improvements element, and any new and revised goals, 17 objectives, and policies for major issues identified within 18 each element. This paragraph shall not require the submittal 19 of the plan amendments with the evaluation and appraisal 20 report. 21 (j) A summary of the public participation program and 22 activities undertaken by the local government in preparing the 23 report. 24 (k) The coordination of the comprehensive plan with 25 existing public schools and those identified in the applicable 26 educational facilities plan adopted pursuant to s. 1013.35. 27 The assessment shall address, where relevant, the success or 28 failure of the coordination of the future land use map and 29 associated planned residential development with public schools 30 and their capacities, as well as the joint decisionmaking 31 processes engaged in by the local government and the school 49 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 board in regard to establishing appropriate population 2 projections and the planning and siting of public school 3 facilities. For those counties or municipalities that do not 4 have a public schools interlocal agreement or public school 5 facility element, the assessment shall determine whether the 6 local government continues to meet the criteria of s. 7 163.3177(12). If the county or municipality determines that it 8 no longer meets the criteria, it must adopt appropriate school 9 concurrency goals, objectives, and policies in its plan 10 amendments pursuant to the requirements of the public school 11 facility element, and enter into the existing interlocal 12 agreement required by ss. 163.3177(6)(h)2. and 163.31777 in 13 order to fully participate in the school concurrency system. 14 If the issues are not relevant, the local government shall 15 demonstrate that they are not relevant. 16 (l) The report must evaluate whether the local 17 government has been successful in identifying water supply 18 sources, including conservation and reuse, necessary to meet 19 existing and projected water use demand for the comprehensive 20 plan's established planning period. The water supply sources 21 evaluated in the report must be consistent with evaluation 22 must consider the appropriate water management district's 23 regional water supply plan approved pursuant to s. 373.0361. 24 The report must evaluate the degree to which the local 25 government has implemented the work plan for water supply 26 facilities included in the potable water element. The potable 27 water element must be revised to include a work plan, covering 28 at least a 10-year planning period, for building any water 29 supply facilities that are identified in the element as 30 necessary to serve existing and new development and for which 31 the local government is responsible. 50 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 (m) If any of the jurisdiction of the local government 2 is located within the coastal high-hazard area, an evaluation 3 of whether any past reduction in land use density impairs the 4 property rights of current residents when redevelopment 5 occurs, including, but not limited to, redevelopment following 6 a natural disaster. The property rights of current residents 7 shall be balanced with public safety considerations. The local 8 government must identify strategies to address redevelopment 9 feasibility and the property rights of affected residents. 10 These strategies may include the authorization of 11 redevelopment up to the actual built density in existence on 12 the property prior to the natural disaster or redevelopment. 13 (n) An assessment of whether the criteria adopted 14 pursuant to s. 163.3177(6)(a) were successful in achieving 15 compatibility with military installations. 16 (o) The extent to which a concurrency exception area 17 designated pursuant to s. 163.3180(5), a concurrency 18 management areas designated pursuant to s. 163.3180(7), or a 19 multimodal district designated pursuant to s. 163.3180(15) has 20 achieved the purpose for which it was created and otherwise 21 complies with the provisions of s. 163.3180. 22 (p) An assessment of the extent to which changes are 23 needed to develop a common methodology for measuring impacts 24 on transportation facilities for the purpose of implementing 25 its concurrency management system in coordination with the 26 municipalities and counties, as appropriate pursuant to s. 27 163.3180(10). 28 (10) The governing body shall amend its comprehensive 29 plan based on the recommendations in the report and shall 30 update the comprehensive plan based on the components of 31 subsection (2), pursuant to the provisions of ss. 163.3184, 51 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 163.3187, and 163.3189. Amendments to update a comprehensive 2 plan based on the evaluation and appraisal report shall be 3 adopted during a single amendment cycle within 18 months after 4 the report is determined to be sufficient by the state land 5 planning agency, except the state land planning agency may 6 grant an extension for adoption of a portion of such 7 amendments. The state land planning agency may grant a 8 6-month extension for the adoption of such amendments if the 9 request is justified by good and sufficient cause as 10 determined by the agency. An additional extension may also be 11 granted if the request will result in greater coordination 12 between transportation and land use, for the purposes of 13 improving Florida's transportation system, as determined by 14 the agency in coordination with the Metropolitan Planning 15 Organization program. Failure to timely adopt update 16 amendments to the comprehensive plan based on the evaluation 17 and appraisal report shall result in a local government being 18 prohibited from adopting amendments to the comprehensive plan 19 until the evaluation and appraisal report update amendments 20 have been adopted and found in compliance by the state land 21 planning agency. The prohibition on plan amendments shall 22 commence when the update amendments to the comprehensive plan 23 are past due. The comprehensive plan as amended shall be in 24 compliance as defined in s. 163.3184(1)(b). Within 6 months 25 after the effective date of the update amendments to the 26 comprehensive plan, the local government shall provide to the 27 state land planning agency and to all agencies designated by 28 rule a complete copy of the updated comprehensive plan. 29 Section 8. Effective January 1, 2006, subsections (1), 30 (2), (3), and (6) of section 212.055, Florida Statutes, are 31 amended to read: 52 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 212.055 Discretionary sales surtaxes; legislative 2 intent; authorization and use of proceeds.--It is the 3 legislative intent that any authorization for imposition of a 4 discretionary sales surtax shall be published in the Florida 5 Statutes as a subsection of this section, irrespective of the 6 duration of the levy. Each enactment shall specify the types 7 of counties authorized to levy; the rate or rates which may be 8 imposed; the maximum length of time the surtax may be imposed, 9 if any; the procedure which must be followed to secure voter 10 approval, if required; the purpose for which the proceeds may 11 be expended; and such other requirements as the Legislature 12 may provide. Taxable transactions and administrative 13 procedures shall be as provided in s. 212.054. 14 (1) CHARTER COUNTY TRANSIT SYSTEM SURTAX.-- 15 (a)1. Each charter county which adopted a charter 16 prior to January 1, 1984, and each county the government of 17 which is consolidated with that of one or more municipalities, 18 may levy a discretionary sales surtax, subject to approval by 19 a majority vote of the electorate of the county, a majority 20 vote of the governing body, or by a charter amendment approved 21 by a majority vote of the electorate of the county. 22 2. Notwithstanding paragraphs (e) and (f), if a 23 noncharter county or a charter county has updated its capital 24 improvement element no earlier than 2005 and if its 25 comprehensive plan has been determined to be in compliance, 26 the noncharter county or charter county may levy a 27 discretionary sales surtax pursuant to this subsection by 28 majority vote of the membership of its governing body or 29 subject to a referendum. The proceeds of the surtax may be 30 used by the county to fund regionally-significant 31 transportation projects identified in the regional 53 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 transportation plan developed in accordance with an interlocal 2 agreement entered into pursuant to s. 163.01, subject to the 3 provisions of subparagraph (d)5. Surtaxes imposed by majority 4 vote must be used to supplement, not supplant, existing 5 infrastructure funding. A charter county may levy a surtax 6 under both this subparagraph and subparagraph 1. for a 7 combined rate of up to 1 percent. 8 (b) The rate shall be 0.5 percent or up to 1 percent. 9 (c) The proposal to adopt a discretionary sales surtax 10 as provided in this subsection and to create a trust fund 11 within the county accounts shall be placed on the ballot in 12 accordance with law at a time to be set at the discretion of 13 the governing body. 14 (d) Proceeds from the surtax shall be applied to as 15 many or as few of the uses enumerated below in whatever 16 combination the county commission deems appropriate: 17 1. Deposited by the county in the trust fund and shall 18 be used for the purposes of development, construction, 19 equipment, maintenance, operation, supportive services, 20 including a countywide bus system, and related costs of a 21 fixed guideway rapid transit system; 22 2. Remitted by the governing body of the county to an 23 expressway or transportation authority created by law to be 24 used, at the discretion of such authority, for the 25 development, construction, operation, or maintenance of roads 26 or bridges in the county, for the operation and maintenance of 27 a bus system, for the payment of principal and interest on 28 existing bonds issued for the construction of such roads or 29 bridges, and, upon approval by the county commission, such 30 proceeds may be pledged for bonds issued to refinance existing 31 bonds or new bonds issued for the construction of such roads 54 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 or bridges; 2 3. Used by the charter county for the development, 3 construction, operation, and maintenance of roads and bridges 4 in the county; for the expansion, operation, and maintenance 5 of bus and fixed guideway systems; and for the payment of 6 principal and interest on bonds issued for the construction of 7 fixed guideway rapid transit systems, bus systems, roads, or 8 bridges; and such proceeds may be pledged by the governing 9 body of the county for bonds issued to refinance existing 10 bonds or new bonds issued for the construction of such fixed 11 guideway rapid transit systems, bus systems, roads, or bridges 12 and no more than 25 percent used for nontransit uses; and 13 4. Used by the charter county for the planning, 14 development, construction, operation, and maintenance of roads 15 and bridges in the county; for the planning, development, 16 expansion, operation, and maintenance of bus and fixed 17 guideway systems; and for the payment of principal and 18 interest on bonds issued for the construction of fixed 19 guideway rapid transit systems, bus systems, roads, or 20 bridges; and such proceeds may be pledged by the governing 21 body of the county for bonds issued to refinance existing 22 bonds or new bonds issued for the construction of such fixed 23 guideway rapid transit systems, bus systems, roads, or 24 bridges. Pursuant to an interlocal agreement entered into 25 pursuant to chapter 163, the governing body of the charter 26 county may distribute proceeds from the tax to a municipality, 27 or an expressway or transportation authority created by law to 28 be expended for the purpose authorized by this paragraph. If 29 imposed by a majority vote of the governing body and there is 30 no interlocal agreement with a municipality, distribution of 31 the surtax proceeds from subparagraphs 1., 2., and 3. and this 55 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 subparagraph shall be according to the formula provided in s. 2 218.62. 3 5. Used by the county to fund regionally-significant 4 transportation projects identified in a regional 5 transportation plan developed in accordance with an interlocal 6 agreement entered into pursuant to s. 163.01 by two or more 7 contiguous metropolitan planning organizations; one or more 8 metropolitan planning organizations and one or more contiguous 9 counties that are not members of a metropolitan planning 10 organization; a multicounty regional transportation authority 11 created by or pursuant to law; two or more contiguous 12 counties; or metropolitan planning organizations comprised of 13 three or more counties. Projects to be funded shall be in 14 compliance with part II of chapter 163 after the effective 15 date of this act or to implement a long-term concurrency 16 management system adopted by a local government in accordance 17 with s. 163.3177(3) or (9). 18 (e) Surtaxes imposed by majority vote must be used to 19 supplement, not supplant, existing infrastructure funding. In 20 order to impose the surtax by a majority vote of the governing 21 body, the county must go through the following process: 22 1. An advisory board must be created to make 23 recommendations to the board of county commissioners regarding 24 infrastructure projects to address the needs of the community. 25 The governing body of the county shall appoint members to the 26 advisory board who represent the diversity of the community 27 and shall include individuals having an interest in business, 28 finance and accounting, economic development, the environment, 29 transportation, municipal government, education, and public 30 safety and growth management professionals. Based on the 31 estimated amount of the surtax collections, the advisory board 56 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 must conduct at least two public workshops to develop a 2 project list. Priority shall be given to projects that address 3 existing infrastructure deficits identified in a long-term 4 concurrency management system adopted by a local government in 5 accordance with s. 163.3177(3) or (9) or identified in the 6 capital improvements element. A quorum shall consist of a 7 majority of the advisory board members and is necessary to 8 take any action regarding recommendations to the governing 9 board of the local government. The board of county 10 commissioners shall provide staff support to the advisory 11 board. All advisory board meetings are open to the public, and 12 minutes of the meetings shall be available to the public. 13 2. After the advisory board submits the project list 14 to the board of county commissioners, it may be amended by the 15 board of county commissioners. A public notice must be given 16 of the intent to add additional projects or remove projects 17 recommended by the advisory board. Actions to amend the 18 project list may be taken at the noticed public hearing. Once 19 amended, the list may not be approved at the same meeting at 20 which it was amended. Notice of the intent to adopt the 21 project list must be given and the list must be approved at a 22 subsequent public meeting that may not be held sooner than 14 23 days after the meeting at which the project list was amended. 24 3. If the board of county commissioners does not amend 25 the recommended project list, it may adopt the proposed 26 project list at a public meeting following public notice of 27 the intent to adopt the recommendations of the advisory board. 28 4. The capital improvement schedule of the local 29 government comprehensive plan shall be updated to reflect the 30 project list pursuant to s. 163.3177(3). 31 5. Once the project list has been adopted, the board 57 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 may give notice of the intent to adopt the surtax by 2 ordinance. The board of county commissioners shall conduct a 3 public hearing to allow for public input on the proposed 4 surtax. The ordinance enacting the surtax may not be adopted 5 at the same meeting as that at which the project list is 6 adopted. 7 6. Once the ordinance adopting the surtax has been 8 enacted, the project list can be amended only in the following 9 manner. The board of county commissioners must give notice of 10 the intent to hold a public hearing to discuss adding or 11 removing projects from the list. The board of county 12 commissioners must take public testimony on the proposal. 13 Action may not be taken at that meeting with regards to the 14 proposal to amend the project list. Action may be taken at a 15 subsequent noticed public meeting that must be held at least 16 14 days after the meeting at which the proposed changes to the 17 project list were discussed. 18 7. If the tax is implemented, the advisory board shall 19 monitor the expenditure of the tax proceeds and shall hold 20 semiannual meetings. The advisory board shall also monitor 21 whether the county has maintained or increased the level of 22 infrastructure expenditures over the previous 5 years. 23 (f) A county may not levy the surtax by majority vote 24 of the governing body unless it has adopted a community vision 25 and an urban service boundary under s. 163.3177(13) and (14). 26 Municipalities within a charter county that levies the surtax 27 by majority vote may not receive surtax proceeds unless they 28 have also completed these requirements. Surtax proceeds may 29 only be expended within an urban service boundary. 30 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- 31 (a)1. The governing authority in each county may levy 58 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 a discretionary sales surtax of 0.5 percent or 1 percent. The 2 levy of the surtax shall be pursuant to ordinance enacted by a 3 majority of the members of the county governing authority or 4 and approved by a majority of the electors of the county 5 voting in a referendum on the surtax. If the governing bodies 6 of the municipalities representing a majority of the county's 7 population adopt uniform resolutions establishing the rate of 8 the surtax and calling for a referendum on the surtax, the 9 levy of the surtax shall be placed on the ballot and shall 10 take effect if approved by a majority of the electors of the 11 county voting in the referendum on the surtax. 12 2. If the surtax was levied pursuant to a referendum 13 held before July 1, 1993, the surtax may not be levied beyond 14 the time established in the ordinance, or, if the ordinance 15 did not limit the period of the levy, the surtax may not be 16 levied for more than 15 years. The levy of such surtax may be 17 extended only by approval of a majority of the electors of the 18 county voting in a referendum on the surtax. 19 (b) A statement which includes a brief general 20 description of the projects to be funded by the surtax and 21 which conforms to the requirements of s. 101.161 shall be 22 placed on the ballot by the governing authority of any county 23 which enacts an ordinance calling for a referendum on the levy 24 of the surtax or in which the governing bodies of the 25 municipalities representing a majority of the county's 26 population adopt uniform resolutions calling for a referendum 27 on the surtax. The following question shall be placed on the 28 ballot: 29 30 ....FOR the ....-cent sales tax 31 ....AGAINST the ....-cent sales tax 59 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 2 (c) Pursuant to s. 212.054(4), the proceeds of the 3 surtax levied under this subsection shall be distributed to 4 the county and the municipalities within such county in which 5 the surtax was collected, according to: 6 1. An interlocal agreement between the county 7 governing authority and the governing bodies of the 8 municipalities representing a majority of the county's 9 municipal population, which agreement may include a school 10 district with the consent of the county governing authority 11 and the governing bodies of the municipalities representing a 12 majority of the county's municipal population; or 13 2. If there is no interlocal agreement, according to 14 the formula provided in s. 218.62. 15 16 Any change in the distribution formula must take effect on the 17 first day of any month that begins at least 60 days after 18 written notification of that change has been made to the 19 department. 20 (d)1. The proceeds of the surtax authorized by this 21 subsection and any interest accrued thereto shall be expended 22 by the school district or within the county and municipalities 23 within the county, or, in the case of a negotiated joint 24 county agreement, within another county, to finance, plan, and 25 construct infrastructure and to acquire land for public 26 recreation or conservation or protection of natural resources 27 and to finance the closure of county-owned or municipally 28 owned solid waste landfills that are already closed or are 29 required to close by order of the Department of Environmental 30 Protection. Any use of such proceeds or interest for purposes 31 of landfill closure prior to July 1, 1993, is ratified. 60 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 Neither the proceeds nor any interest accrued thereto shall be 2 used for operational expenses of any infrastructure, except 3 that any county with a population of less than 75,000 that is 4 required to close a landfill by order of the Department of 5 Environmental Protection may use the proceeds or any interest 6 accrued thereto for long-term maintenance costs associated 7 with landfill closure. Counties, as defined in s. 125.011(1), 8 and charter counties may, in addition, use the proceeds and 9 any interest accrued thereto to retire or service indebtedness 10 incurred for bonds issued prior to July 1, 1987, for 11 infrastructure purposes, and for bonds subsequently issued to 12 refund such bonds. Any use of such proceeds or interest for 13 purposes of retiring or servicing indebtedness incurred for 14 such refunding bonds prior to July 1, 1999, is ratified. 15 2. For the purposes of this paragraph, 16 "infrastructure" means: 17 a. Any fixed capital expenditure or fixed capital 18 outlay associated with the construction, reconstruction, or 19 improvement of public facilities which have a life expectancy 20 of 5 or more years and any land acquisition, land improvement, 21 design, and engineering costs related thereto. 22 b. A fire department vehicle, an emergency medical 23 service vehicle, a sheriff's office vehicle, a police 24 department vehicle, or any other vehicle, and such equipment 25 necessary to outfit the vehicle for its official use or 26 equipment that has a life expectancy of at least 5 years. 27 c. Any expenditure for the construction, lease, or 28 maintenance of, or provision of utilities or security for, 29 facilities as defined in s. 29.008. 30 3. Notwithstanding any other provision of this 31 subsection, a discretionary sales surtax imposed or extended 61 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 after the effective date of this act may provide for an amount 2 not to exceed 15 percent of the local option sales surtax 3 proceeds to be allocated for deposit to a trust fund within 4 the county's accounts created for the purpose of funding 5 economic development projects of a general public purpose 6 targeted to improve local economies, including the funding of 7 operational costs and incentives related to such economic 8 development. The ballot statement must indicate the intention 9 to make an allocation under the authority of this 10 subparagraph. 11 (e) School districts, counties, and municipalities 12 receiving proceeds under the provisions of this subsection may 13 pledge such proceeds for the purpose of servicing new bond 14 indebtedness incurred pursuant to law. Local governments may 15 use the services of the Division of Bond Finance of the State 16 Board of Administration pursuant to the State Bond Act to 17 issue any bonds through the provisions of this subsection. In 18 no case may a jurisdiction issue bonds pursuant to this 19 subsection more frequently than once per year. Counties and 20 municipalities may join together for the issuance of bonds 21 authorized by this subsection. 22 (f)1. Notwithstanding paragraph (d), a county that has 23 a population of 50,000 or less on April 1, 1992, or any county 24 designated as an area of critical state concern on the 25 effective date of this act, and that imposed the surtax before 26 July 1, 1992, may use the proceeds and interest of the surtax 27 for any public purpose if: 28 a. The debt service obligations for any year are met; 29 b. The county's comprehensive plan has been determined 30 to be in compliance with part II of chapter 163; and 31 c. The county has adopted an amendment to the surtax 62 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 ordinance pursuant to the procedure provided in s. 125.66 2 authorizing additional uses of the surtax proceeds and 3 interest. 4 2. A municipality located within a county that has a 5 population of 50,000 or less on April 1, 1992, or within a 6 county designated as an area of critical state concern on the 7 effective date of this act, and that imposed the surtax before 8 July 1, 1992, may not use the proceeds and interest of the 9 surtax for any purpose other than an infrastructure purpose 10 authorized in paragraph (d) unless the municipality's 11 comprehensive plan has been determined to be in compliance 12 with part II of chapter 163 and the municipality has adopted 13 an amendment to its surtax ordinance or resolution pursuant to 14 the procedure provided in s. 166.041 authorizing additional 15 uses of the surtax proceeds and interest. Such municipality 16 may expend the surtax proceeds and interest for any public 17 purpose authorized in the amendment. 18 3. Those counties designated as an area of critical 19 state concern which qualify to use the surtax for any public 20 purpose may use only up to 10 percent of the surtax proceeds 21 for any public purpose other than for infrastructure purposes 22 authorized by this section. 23 (g) Notwithstanding paragraph (d), a county having a 24 population greater than 75,000 in which the taxable value of 25 real property is less than 60 percent of the just value of 26 real property for ad valorem tax purposes for the tax year in 27 which an infrastructure surtax referendum is placed before the 28 voters, and the municipalities within such a county, may use 29 the proceeds and interest of the surtax for operation and 30 maintenance of parks and recreation programs and facilities 31 established with the proceeds of the surtax throughout the 63 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 duration of the surtax levy or while interest earnings 2 accruing from the proceeds of the surtax are available for 3 such use, whichever period is longer. 4 (h) Notwithstanding any other provision of this 5 section, a county shall not levy local option sales surtaxes 6 authorized in this subsection and subsections (3), (4), and 7 (5) in excess of a combined rate of 1 percent. However, a 8 small county may levy the local option sales surtax authorized 9 in this subsection and subsection (3) for a combined rate of 10 up to 2 percent. Surtaxes imposed by majority vote must be 11 used to supplement, not supplant, existing infrastructure 12 funding. In order to impose the surtax by a majority vote of 13 the governing body, the county must go through the following 14 process: 15 1. An advisory board must be created to make 16 recommendations to the board of county commissioners regarding 17 infrastructure projects to address the needs of the community. 18 The governing body of the county shall appoint members to the 19 advisory board who represent the diversity of the community 20 and shall include individuals having an interest in business, 21 economic development, the environment, transportation, 22 municipal government, education, and public safety and growth 23 management professionals. Based on the estimated amount of the 24 surtax collections, the advisory board must conduct at least 25 two public workshops to develop a project list. Priority shall 26 be given to projects that address existing infrastructure 27 deficits. A quorum shall consist of a majority of the advisory 28 board members and is necessary to take any action regarding 29 recommendations to the governing board of the local 30 government. The board of county commissioners shall provide 31 staff support to the advisory board. All advisory board 64 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 meetings are open to the public, and minutes of the meetings 2 shall be available to the public. 3 2. After the advisory board submits the project list 4 to the board of county commissioners, it may be amended by the 5 board of county commissioners. A public notice must be given 6 of the intent to add additional projects or remove projects 7 recommended by the advisory board. Actions to amend the 8 project list may be taken at the noticed public hearing. Once 9 amended, the project list may not be approved at the same 10 meeting at which it was amended. Notice of the intent to adopt 11 the project list must be given and the list must be approved 12 at a subsequent public meeting that may not be held sooner 13 than 14 days after the meeting at which the list was amended. 14 3. If the board of county commissioners does not amend 15 the recommended project list, it may adopt the proposed 16 project list at a public meeting following public notice of 17 the intent to adopt the recommendations of the advisory board. 18 4. The capital improvement schedule of the local 19 government comprehensive plan shall be updated to reflect the 20 project list pursuant to s. 163.3177(3). 21 5. Once the project list has been adopted, the board 22 may give notice of the intent to adopt the surtax by 23 ordinance. The board of county commissioners shall conduct a 24 public hearing to allow for public input on the proposed 25 surtax. The ordinance enacting the surtax may not be adopted 26 at the same meeting as that at which the project list is 27 adopted. 28 6. Once the ordinance adopting the surtax has been 29 enacted, the project list can be amended only in the following 30 manner. The board of county commissioners must give notice of 31 the intent to hold a public hearing to discuss adding or 65 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 removing projects from the list. The board of county 2 commissioners must take public testimony on the proposal. 3 Action may not be taken at that meeting with regards to the 4 proposal to amend the project list. Action may be taken at a 5 subsequent noticed public meeting that must be held at least 6 14 days after the meeting at which the proposed changes to the 7 project list were discussed. 8 7. If the tax is implemented, the advisory board shall 9 monitor the expenditure of the tax proceeds and shall hold 10 semiannual meetings. The advisory board shall also monitor 11 whether the county has maintained or increased the level of 12 infrastructure expenditures over the previous 5 years. 13 (j) A county may not levy this surtax by majority vote 14 of the governing body unless it has established an urban 15 service boundary under s. 163.3177(14) and has completed the 16 visioning requirements of s. 163.3177(13). Municipalities 17 within a county that levies the surtax by a majority vote may 18 not receive surtax proceeds unless they have also completed 19 these requirements. Surtax proceeds may only be expended 20 within an urban service boundary. 21 (3) SMALL COUNTY SURTAX.-- 22 (a) The governing authority in each county that has a 23 population of 50,000 or less on April 1, 1992, may levy a 24 discretionary sales surtax of 0.5 percent or 1 percent. The 25 levy of the surtax shall be pursuant to ordinance enacted by 26 an extraordinary vote of the members of the county governing 27 authority if the surtax revenues are expended for operating 28 purposes. If the surtax revenues are expended for the purpose 29 of servicing bond indebtedness, the surtax shall be approved 30 by a majority of the electors of the county voting in a 31 referendum on the surtax. 66 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 (b) A statement that includes a brief general 2 description of the projects to be funded by the surtax and 3 conforms to the requirements of s. 101.161 shall be placed on 4 the ballot by the governing authority of any county that 5 enacts an ordinance calling for a referendum on the levy of 6 the surtax for the purpose of servicing bond indebtedness. 7 The following question shall be placed on the ballot: 8 9 ....FOR the ....-cent sales tax 10 ....AGAINST the ....-cent sales tax 11 12 (c) Pursuant to s. 212.054(4), the proceeds of the 13 surtax levied under this subsection shall be distributed to 14 the county and the municipalities within the county in which 15 the surtax was collected, according to: 16 1. An interlocal agreement between the county 17 governing authority and the governing bodies of the 18 municipalities representing a majority of the county's 19 municipal population, which agreement may include a school 20 district with the consent of the county governing authority 21 and the governing bodies of the municipalities representing a 22 majority of the county's municipal population; or 23 2. If there is no interlocal agreement, according to 24 the formula provided in s. 218.62. 25 26 Any change in the distribution formula shall take effect on 27 the first day of any month that begins at least 60 days after 28 written notification of that change has been made to the 29 department. 30 (d)1. If the surtax is levied pursuant to a 31 referendum, the proceeds of the surtax and any interest 67 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 accrued thereto may be expended by the school district or 2 within the county and municipalities within the county, or, in 3 the case of a negotiated joint county agreement, within 4 another county, for the purpose of servicing bond indebtedness 5 to finance, plan, and construct infrastructure and to acquire 6 land for public recreation or conservation or protection of 7 natural resources. However, if the surtax is levied pursuant 8 to an ordinance approved by an extraordinary vote of the 9 members of the county governing authority, the proceeds and 10 any interest accrued thereto may be used for operational 11 expenses of any infrastructure or for any public purpose 12 authorized in the ordinance under which the surtax is levied. 13 2. For the purposes of this paragraph, 14 "infrastructure" means any fixed capital expenditure or fixed 15 capital costs associated with the construction, 16 reconstruction, or improvement of public facilities that have 17 a life expectancy of 5 or more years and any land acquisition, 18 land improvement, design, and engineering costs related 19 thereto. 20 (e) A school district, county, or municipality that 21 receives proceeds under this subsection following a referendum 22 may pledge the proceeds for the purpose of servicing new bond 23 indebtedness incurred pursuant to law. Local governments may 24 use the services of the Division of Bond Finance pursuant to 25 the State Bond Act to issue any bonds through the provisions 26 of this subsection. A jurisdiction may not issue bonds 27 pursuant to this subsection more frequently than once per 28 year. A county and municipality may join together to issue 29 bonds authorized by this subsection. 30 (f) Notwithstanding any other provision of this 31 section, a county shall not levy local option sales surtaxes 68 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 authorized in this subsection and subsection subsections (2), 2 (4), and (5) in excess of a combined rate of 1 percent. 3 (6) SCHOOL CAPITAL OUTLAY SURTAX.-- 4 (a) The school board in each county may levy, pursuant 5 to resolution conditioned to take effect only upon approval by 6 a majority vote of the electors of the county voting in a 7 referendum or by majority vote of the county governing body, a 8 discretionary sales surtax at a rate that may not exceed 0.5 9 percent. 10 (b) The resolution shall include a statement that 11 provides a brief and general description of the school capital 12 outlay projects to be funded by the surtax. The statement 13 shall conform to the requirements of s. 101.161 and shall be 14 placed on the ballot by the governing body of the county. The 15 following question shall be placed on the ballot: 16 17 ....FOR THE ....CENTS TAX 18 ....AGAINST THE ....CENTS TAX 19 20 (c) The resolution providing for the imposition of the 21 surtax shall set forth a plan for use of the surtax proceeds 22 for fixed capital expenditures or fixed capital costs 23 associated with the construction, reconstruction, or 24 improvement of school facilities and campuses which have a 25 useful life expectancy of 5 or more years, and any land 26 acquisition, land improvement, design, and engineering costs 27 related thereto. Additionally, the plan shall include the 28 costs of retrofitting and providing for technology 29 implementation, including hardware and software, for the 30 various sites within the school district. Surtax revenues may 31 be used for the purpose of servicing bond indebtedness to 69 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 finance projects authorized by this subsection, and any 2 interest accrued thereto may be held in trust to finance such 3 projects. Neither the proceeds of the surtax nor any interest 4 accrued thereto shall be used for operational expenses. 5 (d) Any school board receiving proceeds from imposing 6 the surtax shall implement a freeze on noncapital local school 7 property taxes, at the millage rate imposed in the year prior 8 to the implementation of the surtax, for a period of at least 9 3 years from the date of imposition of the surtax. This 10 provision shall not apply to existing debt service or required 11 state taxes. 12 (e) Surtax revenues collected by the Department of 13 Revenue pursuant to this subsection shall be distributed to 14 the school board imposing the surtax in accordance with law. 15 (f) Surtaxes imposed by majority vote must be used to 16 supplement, not supplant, existing school capital outlay 17 funding. In order to impose the surtax by a majority vote of 18 the county governing body, the county must go through the 19 following process: 20 1. An advisory board must be created to make 21 recommendations to the board of county commissioners regarding 22 the use of the surtax proceeds for fixed capital expenditures 23 or fixed capital costs associated with the construction, 24 reconstruction, or improvement of school facilities and 25 campuses that have a useful life expectancy of 5 or more years 26 and any land acquisition, land improvement, design, and 27 engineering costs related thereto. The governing body of the 28 county shall appoint members to the advisory board who 29 represent the diversity of the community and shall include 30 individuals with an interest in business, economic 31 development, the environment, municipal government, education, 70 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 and public safety and growth management professionals. Based 2 on the estimated amount of the surtax collections, the 3 advisory board will conduct at least two public workshops to 4 develop a project list. A quorum shall consist of a majority 5 of the advisory board members and is necessary to take any 6 action regarding recommendations to the governing board of the 7 local government. The board of county commissioners shall 8 provide staff support to the advisory board. All advisory 9 board meetings are open to the public, and minutes of the 10 meetings shall be available to the public. The advisory board 11 shall submit the project list to the school board and the 12 board of county commissioners. The school board must adopt or 13 amend the project list by resolution, and must submit the 14 resolution to the board of county commission. 15 2. After the advisory board submits the project list 16 to the board of county commissioners, it may be amended by the 17 board of county commissioners only in the following fashion. A 18 public notice must be given of the intent to add additional 19 projects or remove projects recommended by the advisory board. 20 Actions to amend the project list may be taken at the noticed 21 public hearing. Once amended, the project list must be 22 approved at a subsequent meeting. Notice of the intent to 23 adopt the project list must be given and the project list must 24 be approved at a subsequent public meeting that cannot be held 25 sooner than 14 days after the meeting at which the list was 26 amended. If the school board amends the project list the 27 county commission shall take into consideration those 28 recommendations when adding additional projects or removing 29 projects recommended by the advisory board. 30 3. If the board of county commissioners does not amend 31 the recommended project list, it may adopt the proposed 71 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 project list at a public meeting following public notice of 2 the intent to adopt the recommendations of the advisory board. 3 4. The capital improvement schedule of the local 4 government comprehensive plan shall be updated to reflect the 5 project list pursuant to s. 163.3177(3). 6 5. Once the project list has been adopted, the board 7 may give notice of the intent to adopt the surtax by 8 ordinance. The board of county commissioners shall conduct a 9 public hearing to allow for public input on the proposed 10 surtax. Enacting the ordinance for the surtax and adopting the 11 project list may not be accomplished at the same meeting. 12 6. Once the ordinance adopting the surtax has been 13 enacted, the project list can be amended only in the following 14 manner. The board of county commissioners must give notice of 15 the intent to hold a public hearing to discuss adding or 16 removing projects from the list. The board of county 17 commissioners must take public testimony on the proposal. 18 Action may not be taken at that meeting with regards to the 19 proposal to amend the project list. Action may be taken at a 20 subsequent noticed public meeting that must be held at least 21 14 days after the meeting at which the proposed changes to the 22 project list were discussed. 23 7. If the tax is implemented, the advisory board shall 24 monitor the expenditure of the tax proceeds and shall hold 25 semiannual meetings. The advisory board shall also monitor 26 whether the county has maintained or increased the level of 27 school capital outlay expenditures over the previous 5 years. 28 (g) If the surtax is levied by a majority vote of the 29 governing body, the school board shall use due diligence and 30 sound business practices in the design, construction, and use 31 of educational facilities and may not exceed the maximum 72 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 cost-per-student station established in s. 1013.72(2). 2 Section 9. Subsection (1) of section 206.41, Florida 3 Statutes, is amended to read: 4 206.41 State taxes imposed on motor fuel.-- 5 (1) The following taxes are imposed on motor fuel 6 under the circumstances described in subsection (6): 7 (a) An excise or license tax of 2 cents per net 8 gallon, which is the tax as levied by s. 16, Art. IX of the 9 State Constitution of 1885, as amended, and continued by s. 10 9(c), Art. XII of the 1968 State Constitution, as amended, 11 which is therein referred to as the "second gas tax," and 12 which is hereby designated the "constitutional fuel tax." 13 (b) An additional tax of 1 cent per net gallon, which 14 is designated as the "county fuel tax" and which shall be used 15 for the purposes described in s. 206.60. 16 (c) An additional tax of 1 cent per net gallon, which 17 is designated as the "municipal fuel tax" and which shall be 18 used for the purposes described in s. 206.605. 19 (d)1. An additional tax of 1 cent per net gallon may 20 be imposed by each county on motor fuel, which shall be 21 designated as the "ninth-cent fuel tax." This tax shall be 22 levied and used as provided in s. 336.021. 23 2. Beginning January 1, 2006, and on January 1 of each 24 year thereafter, the tax rate set forth in subparagraph 1. 25 shall be adjusted by the percentage change in the average 26 consumer price index issued by the United States Department of 27 Labor for the most recent 12-month period ending September 30, 28 compared to the base year, which is the 12-month period ending 29 September 30, 2005, and rounded to the nearest tenth of a 30 cent. 31 3. The department shall notify each terminal supplier, 73 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 position holder, wholesaler, and importer of the tax rate 2 applicable under this paragraph for the 12-month period 3 beginning January 1. 4 (e)1. An additional tax of between 1 cent and 11 cents 5 per net gallon may be imposed on motor fuel by each county, 6 which shall be designated as the "local option fuel tax." 7 This tax shall be levied and used as provided in s. 336.025. 8 2. Beginning January 1, 2006, and on January 1 of each 9 year thereafter, the tax rate set forth in subparagraph 1. 10 shall be adjusted by the percentage change in the average 11 consumer price index issued by the United States Department of 12 Labor for the most recent 12-month period ending September 30, 13 compared to the base year, which is the 12-month period ending 14 September 30, 2005, and rounded to the nearest tenth of a 15 cent. 16 3. The department shall notify each terminal supplier, 17 position holder, wholesaler, and importer of the tax rate 18 applicable under this paragraph for the 12-month period 19 beginning January 1. 20 (f)1. An additional tax designated as the State 21 Comprehensive Enhanced Transportation System Tax is imposed on 22 each net gallon of motor fuel in each county. This tax shall 23 be levied and used as provided in s. 206.608. 24 2. The rate of the tax in each county shall be equal 25 to two-thirds of the lesser of the sum of the taxes imposed on 26 motor fuel pursuant to paragraphs (d) and (e) in such county 27 or 6 cents, rounded to the nearest tenth of a cent. 28 3. Beginning January 1, 1992, and on January 1 of each 29 year thereafter, the tax rate provided in subparagraph 2. 30 shall be adjusted by the percentage change in the average of 31 the Consumer Price Index issued by the United States 74 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 Department of Labor for the most recent 12-month period ending 2 September 30, compared to the base year average, which is the 3 average for the 12-month period ending September 30, 1990, and 4 rounded to the nearest tenth of a cent. 5 4. The department shall notify each terminal supplier, 6 position holder, wholesaler, and importer of the tax rate 7 applicable under this paragraph for the 12-month period 8 beginning January 1. 9 (g)1. An additional tax is imposed on each net gallon 10 of motor fuel, which tax is on the privilege of selling motor 11 fuel and which is designated the "fuel sales tax," at a rate 12 determined pursuant to this paragraph. Before January 1 of 13 1997, and of each year thereafter, the department shall 14 determine the tax rate applicable to the sale of fuel for the 15 forthcoming 12-month period beginning January 1, rounded to 16 the nearest tenth of a cent, by adjusting the initially 17 established tax rate of 6.9 cents per gallon by the percentage 18 change in the average of the Consumer Price Index issued by 19 the United States Department of Labor for the most recent 20 12-month period ending September 30, compared to the base year 21 average, which is the average for the 12-month period ending 22 September 30, 1989. However, the tax rate shall not be lower 23 than 6.9 cents per gallon. 24 2. The department is authorized to adopt rules and 25 adopt such forms as may be necessary for the administration of 26 this paragraph. 27 3. The department shall notify each terminal supplier, 28 position holder, wholesaler, and importer of the tax rate 29 applicable under this paragraph for the 12-month period 30 beginning January 1. 31 Section 10. Effective January 1, 2006, paragraph (a) 75 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 of subsection (1) of section 336.021, Florida Statutes, is 2 amended to read: 3 336.021 County transportation system; levy of 4 ninth-cent fuel tax on motor fuel and diesel fuel.-- 5 (1)(a) Any county in the state, by majority or 6 extraordinary vote of the membership of its governing body or 7 subject to a referendum, may levy the tax imposed by ss. 8 206.41(1)(d) and 206.87(1)(b). County and municipal 9 governments may use the moneys received under this paragraph 10 only for transportation expenditures as defined in s. 11 336.025(7). A county may not levy this surtax by majority vote 12 of the governing body unless it has adopted a community vision 13 under s. 163.3177(13). Municipalities within a county that 14 levies the surtax by a majority vote may not receive surtax 15 proceeds unless they have also completed this requirement. 16 Section 11. Paragraph (b) of subsection (1) of section 17 336.025, Florida Statutes, is amended to read: 18 336.025 County transportation system; levy of local 19 option fuel tax on motor fuel and diesel fuel.-- 20 (1) 21 (b) In addition to other taxes allowed by law, there 22 may be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 23 3-cent, 4-cent, or 5-cent local option fuel tax upon every 24 gallon of motor fuel sold in a county and taxed under the 25 provisions of part I of chapter 206. The tax shall be levied 26 by an ordinance adopted by a majority or majority plus one 27 vote of the membership of the governing body of the county or 28 by referendum. 29 1. All impositions and rate changes of the tax shall 30 be levied before July 1, to be effective January 1 of the 31 following year. However, levies of the tax which were in 76 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 effect on July 1, 2002, and which expire on August 31 of any 2 year may be reimposed at the current authorized rate effective 3 September 1 of the year of expiration. 4 2. The county may, prior to levy of the tax, establish 5 by interlocal agreement with one or more municipalities 6 located therein, representing a majority of the population of 7 the incorporated area within the county, a distribution 8 formula for dividing the entire proceeds of the tax among 9 county government and all eligible municipalities within the 10 county. If no interlocal agreement is adopted before the 11 effective date of the tax, tax revenues shall be distributed 12 pursuant to the provisions of subsection (4). If no interlocal 13 agreement exists, a new interlocal agreement may be 14 established prior to June 1 of any year pursuant to this 15 subparagraph. However, any interlocal agreement agreed to 16 under this subparagraph after the initial levy of the tax or 17 change in the tax rate authorized in this section shall under 18 no circumstances materially or adversely affect the rights of 19 holders of outstanding bonds which are backed by taxes 20 authorized by this paragraph, and the amounts distributed to 21 the county government and each municipality shall not be 22 reduced below the amount necessary for the payment of 23 principal and interest and reserves for principal and interest 24 as required under the covenants of any bond resolution 25 outstanding on the date of establishment of the new interlocal 26 agreement. 27 3. County and municipal governments shall use moneys 28 received pursuant to this paragraph for transportation 29 expenditures needed to meet the requirements of the capital 30 improvements element of an adopted comprehensive plan or for 31 expenditures needed to meet immediate local transportation 77 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 problems and for other transportation-related expenditures 2 that are critical for building comprehensive roadway networks 3 by local governments. For purposes of this paragraph, 4 expenditures for the construction of new roads, the 5 reconstruction or resurfacing of existing paved roads, or the 6 paving of existing graded roads shall be deemed to increase 7 capacity and such projects shall be included in the capital 8 improvements element of an adopted comprehensive plan. 9 Expenditures for purposes of this paragraph shall not include 10 routine maintenance of roads. 11 4. A county may not levy this surtax by majority vote 12 of the governing body unless it has adopted a community vision 13 under s. 163.3177(13). Municipalities within a county that 14 levies the surtax by a majority vote may not receive surtax 15 proceeds unless they have also completed this requirement. 16 Section 12. Paragraph (b) of subsection (4) of section 17 339.135, Florida Statutes, is amended to read: 18 339.135 Work program; legislative budget request; 19 definitions; preparation, adoption, execution, and 20 amendment.-- 21 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.-- 22 (b)1. A tentative work program, including the ensuing 23 fiscal year and the successive 4 fiscal years, shall be 24 prepared for the State Transportation Trust Fund and other 25 funds managed by the department, unless otherwise provided by 26 law. The tentative work program shall be based on the 27 district work programs and shall set forth all projects by 28 phase to be undertaken during the ensuing fiscal year and 29 planned for the successive 4 fiscal years. The total amount of 30 the liabilities accruing in each fiscal year of the tentative 31 work program may not exceed the revenues available for 78 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 expenditure during the respective fiscal year based on the 2 cash forecast for that respective fiscal year. 3 2. The tentative work program shall be developed in 4 accordance with the Florida Transportation Plan required in s. 5 339.155 and must comply with the program funding levels 6 contained in the program and resource plan. 7 3. The department may include in the tentative work 8 program proposed changes to the programs contained in the 9 previous work program adopted pursuant to subsection (5); 10 however, the department shall minimize changes and adjustments 11 that affect the scheduling of project phases in the 4 common 12 fiscal years contained in the previous adopted work program 13 and the tentative work program. The department, in the 14 development of the tentative work program, shall advance by 1 15 fiscal year all projects included in the second year of the 16 previous year's adopted work program, unless the secretary 17 specifically determines that it is necessary, for specific 18 reasons, to reschedule or delete one or more projects from 19 that year. Such changes and adjustments shall be clearly 20 identified, and the effect on the 4 common fiscal years 21 contained in the previous adopted work program and the 22 tentative work program shall be shown. It is the intent of 23 the Legislature that the first 5 years of the adopted work 24 program for facilities designated as part of the Florida 25 Intrastate Highway System and the first 3 years of the adopted 26 work program stand as the commitment of the state to undertake 27 transportation projects that local governments may rely on for 28 planning and concurrency purposes and in the development and 29 amendment of the capital improvements elements of their local 30 government comprehensive plans. 31 4. The tentative work program must include a balanced 79 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 36-month forecast of cash and expenditures and a 5-year 2 finance plan supporting the tentative work program. 3 Section 13. The Office of Program Policy Analysis and 4 Government Accountability shall perform a study on adjustments 5 to the boundaries of Florida Regional Planning Councils, 6 Florida Water Management Districts, and Department of 7 Transportation Districts. The purpose of this study is to 8 organize these regional boundaries to be more coterminous with 9 one another, creating a more unified system of regional 10 boundaries. This study must be completed by December 31, 2005, 11 and submitted to the President of the Senate, the Speaker of 12 the House of Representatives, and the Governor by January 15, 13 2006. 14 Section 14. Section 163.3247, Florida Statutes, is 15 created to read: 16 163.3247 Century Commission.-- 17 (1) POPULAR NAME.--This section may be cited as the 18 "Century Commission Act." 19 (2) FINDINGS AND INTENT.--The Legislature finds and 20 declares that the population of this state is expected to more 21 than double over the next 100 years, with commensurate impacts 22 to the state's natural resources and public infrastructure. 23 Consequently, it is in the best interests of the people of the 24 state to ensure sound planning for the proper placement of 25 this growth and protection of the state's land, water, and 26 other natural resources since such resources are essential to 27 our collective quality of life and a strong economy. The 28 state's growth management system should foster economic 29 stability through regional solutions and strategies, urban 30 renewal and infill, and the continued viability of 31 agricultural economies, while allowing for rural economic 80 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 development and protecting the unique characteristics of rural 2 areas, and should reduce the complexity of the regulatory 3 process while carrying out the intent of the laws and 4 encouraging greater citizen participation. 5 (3) CENTURY COMMISSION; CREATION; ORGANIZATION.--The 6 Century Commission is created as a standing body to help the 7 citizens of this state envision and plan their collective 8 future with an eye towards both 25-year and 50-year horizons. 9 (a) The 21-member commission shall be appointed by the 10 Governor. Four members shall be members of the Legislature who 11 shall be appointed with the advice and consultation of the 12 President of the Senate and the Speaker of the House of 13 Representatives. The Secretary of Community Affairs, the 14 Commissioner of Agriculture, the Secretary of Transportation, 15 the Secretary of Environmental Protection, and the Executive 16 Director of the Fish and Wildlife Conservation Commission, or 17 their designees, shall also serve as voting members. The other 18 12 appointments shall reflect the diversity of this state's 19 citizens, and must include individuals representing each of 20 the following interests: growth management, business and 21 economic development, environmental protection, agriculture, 22 municipal governments, county governments, regional planning 23 entities, education, public safety, planning professionals, 24 transportation planners, and urban infill and redevelopment. 25 One member shall be designated by the Governor as chair of the 26 commission. Any vacancy that occurs on the commission must be 27 filled in the same manner as the original appointment and 28 shall be for the unexpired term of that commission seat. 29 Members shall serve 4-year terms. 30 (b) The first meeting of the commission shall be held 31 no later than December 1, 2005, and shall meet at the call of 81 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 the chair but not less frequently than three times per year in 2 different regions of the state to solicit input from the 3 public or any other individuals offering testimony relevant to 4 the issues to be considered. 5 (c) Each member of the commission is entitled to one 6 vote and action of the commission is not binding unless taken 7 by a three-fifths vote of the members present. A majority of 8 the members is required to constitute a quorum, and the 9 affirmative vote of a quorum is required for a binding vote. 10 (d) Members of the commission shall serve without 11 compensation but shall be entitled to receive per diem and 12 travel expenses in accordance with s. 112.061 while in 13 performance of their duties. 14 (4) POWERS AND DUTIES.--The commission shall: 15 (a) Annually conduct a process through which the 16 commission envisions the future for the state, and then 17 develops and recommends policies, plans, action steps, or 18 strategies to assist in achieving the vision. 19 (b) Continuously review and consider statutory and 20 regulatory provisions, governmental processes, and societal 21 and economic trends in its inquiry of how state, regional, and 22 local governments and entities and citizens of this state can 23 best accommodate projected increased populations while 24 maintaining the natural, historical, cultural, and manmade 25 life qualities that best represent the state. 26 (c) Bring together people representing varied 27 interests to develop a shared image of the state and its 28 developed and natural areas. The process should involve 29 exploring the impact of the estimated population increase and 30 other emerging trends and issues; creating a vision for the 31 future; and developing a strategic action plan to achieve that 82 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 vision using 25-year and 50-year intermediate planning 2 timeframes. 3 (d) Focus on essential state interests, defined as 4 those interests that transcend local or regional boundaries 5 and are most appropriately conserved, protected, and promoted 6 at the state level. 7 (e) Serve as an objective, nonpartisan repository of 8 exemplary community-building ideas and as a source to 9 recommend strategies and practices to assist others in working 10 collaboratively to solve problems concerning issues relating 11 to growth management. 12 (f) Annually, beginning January 15, 2007, and every 13 year thereafter on the same date, provide to the Governor, the 14 President of the Senate, and the Speaker of the House of 15 Representatives a written report containing specific 16 recommendations for addressing growth management in the state, 17 including executive and legislative recommendations. This 18 report shall be verbally presented to a joint session of both 19 houses annually as scheduled by the President of the Senate 20 and the Speaker of the House of Representatives. 21 (g) Beginning with the 2007 Regular Session of the 22 Legislature, the President of the Senate and Speaker of the 23 House of Representatives shall create a joint select 24 committee, the task of which shall be to review the findings 25 and recommendations of the Century Commission for potential 26 action. 27 (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.-- 28 (a) The Secretary of Community Affairs shall select an 29 executive director of the commission, and the executive 30 director shall serve at the pleasure of the secretary under 31 the supervision and control of the commission. 83 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 (b) The Department of Community Affairs shall provide 2 staff and other resources necessary to accomplish the goals of 3 the commission based upon recommendations of the Governor. 4 (c) All agencies under the control of the Governor are 5 directed, and all other agencies are requested, to render 6 assistance to, and cooperate with, the commission. 7 Section 15. Effective July 1, 2005, the sum of 8 $250,000 is appropriated from the General Revenue Fund to the 9 Department of Community Affairs to provide the necessary staff 10 and other assistance to the Century Commission required by 11 section 163.3247, Florida Statutes, as created by this act. 12 Section 16. Subsections (3), (7) and (8) of section 13 1013.33, Florida Statutes, are amended to read: 14 1013.33 Coordination of planning with local governing 15 bodies.-- 16 (3) At a minimum, the interlocal agreement must 17 address interlocal-agreement requirements in s. 18 163.3180(13)(g), except for exempt local governments as 19 provided in s. 163.3177(12), and must address the following 20 issues: 21 (a) A process by which each local government and the 22 district school board agree and base their plans on consistent 23 projections of the amount, type, and distribution of 24 population growth and student enrollment. The geographic 25 distribution of jurisdiction-wide growth forecasts is a major 26 objective of the process. 27 (b) A process to coordinate and share information 28 relating to existing and planned public school facilities, 29 including school renovations and closures, and local 30 government plans for development and redevelopment. 31 (c) Participation by affected local governments with 84 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 the district school board in the process of evaluating 2 potential school closures, significant renovations to existing 3 schools, and new school site selection before land 4 acquisition. Local governments shall advise the district 5 school board as to the consistency of the proposed closure, 6 renovation, or new site with the local comprehensive plan, 7 including appropriate circumstances and criteria under which a 8 district school board may request an amendment to the 9 comprehensive plan for school siting. 10 (d) A process for determining the need for and timing 11 of onsite and offsite improvements to support new 12 construction, proposed expansion, or redevelopment of existing 13 schools. The process shall address identification of the party 14 or parties responsible for the improvements. 15 (e) A process for the school board to inform the local 16 government regarding the effect of comprehensive plan 17 amendments on school capacity. The capacity reporting must be 18 consistent with laws and rules regarding measurement of school 19 facility capacity and must also identify how the district 20 school board will meet the public school demand based on the 21 facilities work program adopted pursuant to s. 1013.35. 22 (f) Participation of the local governments in the 23 preparation of the annual update to the school board's 5-year 24 district facilities work program and educational plant survey 25 prepared pursuant to s. 1013.35. 26 (g) A process for determining where and how joint use 27 of either school board or local government facilities can be 28 shared for mutual benefit and efficiency. 29 (h) A procedure for the resolution of disputes between 30 the district school board and local governments, which may 31 include the dispute resolution processes contained in chapters 85 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 164 and 186. 2 (i) An oversight process, including an opportunity for 3 public participation, for the implementation of the interlocal 4 agreement. 5 6 A signatory to the interlocal agreement may elect not to 7 include a provision meeting the requirements of paragraph (e); 8 however, such a decision may be made only after a public 9 hearing on such election, which may include the public hearing 10 in which a district school board or a local government adopts 11 the interlocal agreement. An interlocal agreement entered into 12 pursuant to this section must be consistent with the adopted 13 comprehensive plan and land development regulations of any 14 local government that is a signatory. 15 (7) Except as provided in subsection (8), 16 municipalities meeting the exemption criteria in s. 17 163.3177(12) having no established need for a new facility and 18 meeting the following criteria are exempt from the 19 requirements of subsections (2), (3), and (4).: 20 (a) The municipality has no public schools located 21 within its boundaries. 22 (b) The district school board's 5-year facilities work 23 program and the long-term 10-year and 20-year work programs, 24 as provided in s. 1013.35, demonstrate that no new school 25 facility is needed in the municipality. In addition, the 26 district school board must verify in writing that no new 27 school facility will be needed in the municipality within the 28 5-year and 10-year timeframes. 29 (8) At the time of the evaluation and appraisal 30 report, each exempt municipality shall assess the extent to 31 which it continues to meet the criteria for exemption under s. 86 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 163.3177(12) subsection (7). If the municipality continues to 2 meet these criteria and the district school board verifies in 3 writing that no new school facilities will be needed within 4 the 5-year and 10-year timeframes, the municipality shall 5 continue to be exempt from the interlocal-agreement 6 requirement. Each municipality exempt under s. 163.3177(12) 7 subsection (7) must comply with the provisions of subsections 8 (2)-(8) within 1 year after the district school board 9 proposes, in its 5-year district facilities work program, a 10 new school within the municipality's jurisdiction. 11 Section 17. Except as otherwise expressly provided in 12 this act, this act shall take effect July 1, 2005. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 Delete everything before the enacting clause 18 19 and insert: 20 A bill to be entitled 21 An act relating to infrastructure planning and 22 funding; amending s. 163.3164, F.S.; defining 23 the term "financial feasibility"; amending s. 24 163.3177, F.S.; revising requirements for the 25 capital improvements element of a comprehensive 26 plan; requiring a schedule of capital 27 improvements; providing a deadline for certain 28 amendments; providing an exception; providing 29 requirements for a local government that 30 prepares its own water supply analysis for 31 purposes of an element of the comprehensive 87 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 plan; authorizing planning for 2 multijurisdictional water supply facilities; 3 providing requirements for counties and 4 municipalities with respect to the public 5 school facilities element; requiring an 6 interlocal agreement; exempting certain 7 municipalities from such requirements; 8 requiring that the state land planning agency 9 establish a schedule for adopting and updating 10 the public school facilities element; 11 encouraging local governments to include a 12 community vision and an urban service boundary 13 component to their comprehensive plans; 14 prescribing taxing authority of local 15 governments doing so; repealing s. 163.31776, 16 F.S., relating to the public educational 17 facilities element; amending s. 163.31777, 18 F.S.; revising the requirements for the public 19 schools interlocal agreement to conform to 20 changes made by the act; requiring the school 21 board to provide certain information to the 22 local government; amending s. 163.3180, F.S.; 23 revising requirements for concurrency; 24 providing for schools to be subject to 25 concurrency requirements; requiring that an 26 adequate water supply be available for new 27 development; revising requirements for 28 transportation facilities; requiring that 29 certain level-of-service standards established 30 by the Department of Transportation be 31 maintained; providing guidelines under which a 88 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 local government may grant an exception to the 2 comprehensive plan; revising criteria and 3 providing guidelines for transportation 4 concurrency exception areas; providing a 5 process to monitor de minimus impacts; revising 6 the requirements for a long-term transportation 7 concurrency management system; providing for a 8 long-term school concurrency management system; 9 requiring that school concurrency be 10 established districtwide; providing certain 11 exceptions; authorizing a local government to 12 approve a development order if the developer 13 executes a commitment to mitigate the impacts 14 on public school facilities; providing 15 requirements for such proportionate-share 16 mitigation; revising requirements for 17 interlocal agreements with respect to public 18 school facilities; providing mitigation options 19 for transportation facilities; amending s. 20 163.3184, F.S.; prescribing authority of local 21 governments to adopt plan amendments after 22 adopting community vision and an urban service 23 boundary; providing for expedited plan 24 amendment review under certain circumstances; 25 revising agency review and challenge timeframes 26 for certain amendments; amending s. 163.3191, 27 F.S.; providing additional requirements for the 28 evaluation and assessment of the comprehensive 29 plan for counties and municipalities that do 30 not have a public schools interlocal agreement; 31 revising requirements for the evaluation and 89 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 appraisal report; providing time limit for 2 amendments relating to the report; amending s. 3 212.055, F.S.; revising permissible rates for 4 charter county transit system surtax; revising 5 methods for approving such a surtax; providing 6 for a noncharter county to levy this surtax 7 under certain circumstances; limiting the 8 expenditure of the proceeds to a specified area 9 under certain circumstances; revising methods 10 for approving a local government infrastructure 11 surtax; limiting the expenditure of the 12 proceeds to a specified area under certain 13 circumstances; revising a ceiling on rates of 14 small county surtaxes; revising methods for 15 approving a school capital outlay surtax; 16 amending s. 206.41, F.S.; providing for annual 17 adjustment of the ninth-cent fuel tax and local 18 option fuel tax; amending s. 336.021, F.S.; 19 revising methods for approving such a fuel tax; 20 limiting authority of a county to impose the 21 ninth-cent fuel tax without adopting a 22 community vision; amending s. 336.025, F.S.; 23 limiting authority of a county to impose the 24 local option fuel tax without adopting a 25 community vision; revising methods for 26 approving such a fuel tax; amending s. 339.135, 27 F.S., relating to tentative work programs of 28 the Department of Transportation; conforming 29 provisions to changes made by the act; 30 requiring the Office of Program Policy Analysis 31 and Government Accountability to perform a 90 12:45 PM 04/15/05 s0360.tr21.001
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 360 Barcode 854092 1 study of the boundaries of specified state 2 entities; requiring a report to the 3 Legislature; creating s. 163.3247, F.S.; 4 providing a popular name; providing legislative 5 findings and intent; creating the Century 6 Commission for certain purposes; providing for 7 appointment of commission members; providing 8 for terms; providing for meetings and votes of 9 members; requiring members to serve without 10 compensation; providing for per diem and travel 11 expenses; providing powers and duties of the 12 commission; requiring the creation of a joint 13 select committee of the Legislature; providing 14 purposes; requiring the Secretary of Community 15 Affairs to select an executive director of the 16 commission; requiring the Department of 17 Community Affairs to provide staff for the 18 commission; providing for other agency staff 19 support for the commission; providing an 20 appropriation; amending s. 1013.33, F.S.; 21 conforming provisions to changes made by the 22 act; providing effective dates. 23 24 25 26 27 28 29 30 31 91 12:45 PM 04/15/05 s0360.tr21.001
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