Amendment
Bill No. 1865

Amendment No. 574291

CHAMBER ACTION
Senate		House
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1	Representative(s) Johnson offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Popular name.--This act may be cited as the
6	"Sustainable Florida Act of 2005."
7	Section 2.  Subsection (32) is added to section 163.3164,
8	Florida Statutes, to read:
9	163.3164  Local Government Comprehensive Planning and Land
10	Development Regulation Act; definitions.--As used in this act:
11	(32)  "Financial feasibility" means sufficient revenues are
12	currently available or will be available from committed or
13	planned funding sources available for financing capital
14	improvements, such as ad valorem taxes, bonds, state and federal
15	funds, tax revenues, impact fees, and developer contributions,
16	which are adequate to fund the projected costs of the capital
17	improvements and as otherwise identified within this act
18	necessary to ensure that adopted level-of-service standards are
19	achieved and maintained within the 5-year schedule of capital
20	improvements.
21	Section 3.  Section 163.3172, Florida Statutes, is created
22	to read:
23	163.3172  Urban infill and redevelopment.--In recognition
24	that urban infill and redevelopment is a high state priority,
25	the Legislature determines that local governments should not
26	adopt charter provisions, ordinances, or land development
27	regulations that discourage this state priority, unless the
28	charter provisions, ordinances, or land development regulations
29	are to limit impacts to coastal high-hazard areas, historic
30	districts, or aviation operations. Higher density urban
31	development is appropriate in urban core areas and should be
32	encouraged in such areas. Conversely, it is appropriate to
33	discourage greater height and density as a development form in
34	areas outside the urban core where such development forms are
35	incompatible with existing land uses. Notwithstanding chapters
36	125 and s. 163.3171, any existing or future charter county
37	charter provision, ordinance, land development regulation, or
38	countywide special act that governs the use, development, or
39	redevelopment of land shall not be effective within any
40	municipality of the county unless the charter provision,
41	ordinance, land development regulation, or countywide special
42	act is approved by a majority vote of the municipality's
43	governing board or is approved by a majority vote of the
44	county's governing board for placement on the ballot as a
45	countywide referendum and:
46	(1)  The ballot form includes a ballot summary of the
47	measure being voted on, which has been agreed to by the
48	municipalities of the county, in addition to any other
49	requirements of law. If no agreement on the ballot summary
50	language is reached with the municipalities of the county, the
51	ballot form shall also contain an estimate, as created by the
52	municipalities, individually, or if desired by the
53	municipalities, cumulatively, of the fiscal impact of the
54	measure
55	upon the municipality.
56	(2)  The referendum is approved by a majority vote of the
57	electors of the county voting in the referendum.
58
59	Existing charter provisions and countywide special acts that
60	have been approved by referendum prior to the effective date of
61	this act must be readopted in accordance with this section in
62	order to apply within a municipality. However, any existing
63	charter county charter provision that has established a rural
64	boundary as delineated on a rural boundary map shall not be
65	required to have the charter provision readopted in accordance
66	with this section and shall continue to apply within
67	municipalities of the charter county. In the event of a conflict
68	between a countywide ordinance and a municipal ordinance within
69	a charter county that regulates expressive conduct, the more
70	restrictive ordinance shall govern. However, this section shall
71	not apply within any areas of critical state concern designated
72	pursuant to s. 380.05-380.0555, any unit of local government
73	that is consolidated as provided by s. 9, Art. VIII of the State
74	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
75	State Constitution of 1968, which is granted the authority in
76	the State Constitution to exercise all the powers of a municipal
77	corporation, any unit of local government operating under a home
78	rule charter adopted pursuant to s. 11, Art. VIII of the State
79	Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
80	State Constitution of 1968, which is granted the authority in
81	the State Constitution to exercise all the powers conferred now
82	or hereafter by general law upon municipalities, or within any
83	government consolidated pursuant to s. 3 of Art. VIII.
84	Section 4.  Subsection (3), paragraphs (a), (b), (c), and
85	(h) of subsection (6), paragraph (d) of subsection (11), and
86	subsection (12) of section 163.3177, Florida Statutes, are
87	amended, and subsection (13) is added to said section, to read:
88	163.3177  Required and optional elements of comprehensive
89	plan; studies and surveys.--
90	(3)(a)  The comprehensive plan shall contain a capital
91	improvements element designed to consider the need for and the
92	location of public facilities in order to encourage the
93	efficient utilization of such facilities and set forth:
94	1.  A component which outlines principles for construction,
95	extension, or increase in capacity of public facilities, as well
96	as a component which outlines principles for correcting existing
97	public facility deficiencies, which are necessary to implement
98	the comprehensive plan. The components shall cover at least a 5-
99	year period.
100	2.  Estimated public facility costs, including a
101	delineation of when facilities will be needed, the general
102	location of the facilities, and projected revenue sources to
103	fund the facilities.
104	3.  Standards to ensure the availability of public
105	facilities and the adequacy of those facilities including
106	acceptable levels of service.
107	4.  Standards for the management of debt.
108	5.  A schedule of capital improvements which includes
109	publicly funded projects and which may include privately funded
110	projects.
111	6.  The schedule of transportation improvements included in
112	the applicable metropolitan planning organization's
113	transportation improvement program adopted pursuant to s.
114	339.175(7) to the extent that such improvements are relied upon
115	to ensure concurrency and financial feasibility. The schedule
116	must also be coordinated with the applicable metropolitan
117	planning organization's long-range transportation plan adopted
118	pursuant to s. 339.175(6).
119	(b)1.  The capital improvements element shall be reviewed
120	on an annual basis and modified as necessary in accordance with
121	s. 163.3187 or s. 163.3189 in order to maintain a financially
122	feasible 5-year schedule of capital improvements., except that
123	Corrections, updates, and modifications concerning costs,;
124	revenue sources, or; acceptance of facilities pursuant to
125	dedications which are consistent with the plan; or the date of
126	construction of any facility enumerated in the capital
127	improvements schedule element may be accomplished by ordinance
128	and shall not be deemed to be amendments to the local
129	comprehensive plan. A copy of the ordinance shall be transmitted
130	to the state land planning agency. All public facilities shall
131	be consistent with the capital improvements element. Amendments
132	to implement this section must be adopted and transmitted no
133	later than December 1, 2007. Thereafter, a local government may
134	not amend its future land use map, except for plan amendments to
135	meet new requirements under this part and emergency amendments
136	pursuant to s. 163.3187(1)(a), after December 1, 2007, and every
137	year thereafter until the local government has adopted the
138	annual update and the annual update has been transmitted to the
139	state land planning agency.
140	2.  Capital improvements element amendments adopted after
141	the effective date of this act shall require only a single
142	public hearing before the governing board which shall be an
143	adoption hearing as described in s. 163.3184(7). Such amendments
144	are not subject to the requirements of s. 163.3184(3)-(6).
145	Amendments to the 5-year schedule of capital improvements
146	adopted after the effective date of this act shall not be
147	subject to challenge by an affected party. If the department
148	finds an amendment pursuant to this subparagraph not in
149	compliance, the local government may challenge that
150	determination pursuant to s. 163.3184(10).
151	(c)  If the local government does not adopt the required
152	annual update to the schedule of capital improvements or the
153	annual update is found not in compliance, the state land
154	planning agency shall notify the Administration Commission. A
155	local government that has a demonstrated lack of commitment to
156	meeting its obligations identified in the capital improvement
157	element may be subject to sanctions by the Administration
158	Commission pursuant to s. 163.3184(11).
159	(d)  If a local government adopts a long-term concurrency
160	management system pursuant to s. 163.3180(9), the local
161	government shall also adopt a long-term capital improvements
162	schedule covering up to a 10-year or 15-year period and shall
163	update the long-term schedule annually. The long-term schedule
164	of capital improvements must be financially feasible.
165	(6)  In addition to the requirements of subsections (1)-
166	(5), the comprehensive plan shall include the following
167	elements:
168	(a)  A future land use plan element designating proposed
169	future general distribution, location, and extent of the uses of
170	land for residential uses, commercial uses, industry,
171	agriculture, recreation, conservation, education, public
172	buildings and grounds, other public facilities, and other
173	categories of the public and private uses of land. Counties are
174	encouraged to designate rural land stewardship areas, pursuant
175	to the provisions of paragraph (11)(d), as overlays on the
176	future land use map. Each future land use category must be
177	defined in terms of uses included, and must include standards to
178	be followed in the control and distribution of population
179	densities and building and structure intensities. The proposed
180	distribution, location, and extent of the various categories of
181	land use shall be shown on a land use map or map series which
182	shall be supplemented by goals, policies, and measurable
183	objectives. The future land use plan shall be based upon
184	surveys, studies, and data regarding the area, including the
185	amount of land required to accommodate anticipated growth; the
186	projected population of the area; the character of undeveloped
187	land; the availability of water supplies, public facilities, and
188	services; the need for redevelopment, including the renewal of
189	blighted areas and the elimination of nonconforming uses which
190	are inconsistent with the character of the community; the
191	compatibility of uses on lands adjacent to or closely proximate
192	to military installations; and, in rural communities, the need
193	for job creation, capital investment, and economic development
194	that will strengthen and diversify the community's economy. The
195	future land use plan may designate areas for future planned
196	development use involving combinations of types of uses for
197	which special regulations may be necessary to ensure development
198	in accord with the principles and standards of the comprehensive
199	plan and this act. The future land use plan element shall
200	include criteria to be used to achieve the compatibility of
201	adjacent or closely proximate lands with military installations.
202	In addition, for rural communities, the amount of land
203	designated for future planned industrial use shall be based upon
204	surveys and studies that reflect the need for job creation,
205	capital investment, and the necessity to strengthen and
206	diversify the local economies, and shall not be limited solely
207	by the projected population of the rural community. The future
208	land use plan of a county may also designate areas for possible
209	future municipal incorporation. The land use maps or map series
210	shall generally identify and depict historic district boundaries
211	and shall designate historically significant properties meriting
212	protection. The future land use element must clearly identify
213	the land use categories in which public schools are an allowable
214	use. When delineating the land use categories in which public
215	schools are an allowable use, a local government shall include
216	in the categories sufficient land proximate to residential
217	development to meet the projected needs for schools in
218	coordination with public school boards and may establish
219	differing criteria for schools of different type or size. Each
220	local government shall include lands contiguous to existing
221	school sites, to the maximum extent possible, within the land
222	use categories in which public schools are an allowable use. All
223	comprehensive plans must comply with the school siting
224	requirements of this paragraph no later than October 1, 1999.
225	The failure by a local government to comply with these school
226	siting requirements by October 1, 1999, will result in the
227	prohibition of the local government's ability to amend the local
228	comprehensive plan, except for plan amendments described in s.
229	163.3187(1)(b), until the school siting requirements are met.
230	Amendments proposed by a local government for purposes of
231	identifying the land use categories in which public schools are
232	an allowable use or for adopting or amending the school-siting
233	maps pursuant to s. 163.31776(3) are exempt from the limitation
234	on the frequency of plan amendments contained in s. 163.3187.
235	The future land use element shall include criteria that
236	encourage the location of schools proximate to urban residential
237	areas to the extent possible and shall require that the local
238	government seek to collocate public facilities, such as parks,
239	libraries, and community centers, with schools to the extent
240	possible and to encourage the use of elementary schools as focal
241	points for neighborhoods. For schools serving predominantly
242	rural counties, defined as a county with a population of 100,000
243	or fewer, an agricultural land use category shall be eligible
244	for the location of public school facilities if the local
245	comprehensive plan contains school siting criteria and the
246	location is consistent with such criteria. Local governments
247	required to update or amend their comprehensive plan to include
248	criteria and address compatibility of adjacent or closely
249	proximate lands with existing military installations in their
250	future land use plan element shall transmit the update or
251	amendment to the department by June 30, 2006.
252	(b)  A traffic circulation element consisting of the types,
253	locations, and extent of existing and proposed major
254	thoroughfares and transportation routes, including bicycle and
255	pedestrian ways. Transportation corridors, as defined in s.
256	334.03, may be designated in the traffic circulation element
257	pursuant to s. 337.273. If the transportation corridors are
258	designated, the local government may adopt a transportation
259	corridor management ordinance. By December 1, 2006, each local
260	government shall adopt by ordinance a transportation concurrency
261	management system which shall include a methodology for
262	assessing proportionate share mitigation options. By December 1,
263	2005, the Department of Transportation shall develop a model
264	transportation concurrency management ordinance with
265	methodologies for assessing proportionate share options. The
266	transportation concurrency management ordinance may assess a
267	concurrency impact area by districts or systemwide.
268	(c)  A general sanitary sewer, solid waste, drainage,
269	potable water, and natural groundwater aquifer recharge element
270	correlated to principles and guidelines for future land use,
271	indicating ways to provide for future potable water, drainage,
272	sanitary sewer, solid waste, and aquifer recharge protection
273	requirements for the area. The element may be a detailed
274	engineering plan including a topographic map depicting areas of
275	prime groundwater recharge. The element shall describe the
276	problems and needs and the general facilities that will be
277	required for solution of the problems and needs. The element
278	shall also include a topographic map depicting any areas adopted
279	by a regional water management district as prime groundwater
280	recharge areas for the Floridan or Biscayne aquifers, pursuant
281	to s. 373.0395. These areas shall be given special consideration
282	when the local government is engaged in zoning or considering
283	future land use for said designated areas. For areas served by
284	septic tanks, soil surveys shall be provided which indicate the
285	suitability of soils for septic tanks. Within 18 months after
286	the governing board approves an updated regional water supply
287	plan, the local government shall submit a comprehensive plan
288	amendment that incorporates the alternative water supply
289	projects selected by the local government from those identified
290	in the regional supply plan pursuant to s. 373.0361(2)(a) or
291	proposed by the local government under s. 373.0361, into the
292	element. If a local government is located within two water
293	management districts, the local government shall adopt its
294	comprehensive plan amendment within 18 months after the later
295	updated By December 1, 2006, The element must consider the
296	appropriate water management district's regional water supply
297	plan approved pursuant to s. 373.0361. The element must identify
298	such alternative water supply projects and traditional water
299	supply projects and conservation and reuse necessary to meet the
300	water needs identified in s. 373.0361(2)(a) within the local
301	government's jurisdiction and include a work plan, covering at
302	least a 10-year planning period, for building public water
303	supply facilities, including development of alternative water
304	supplies that are necessary to meet existing and projected water
305	use demand over the work planning period. The work plan shall
306	also describe how the water supply needs will be met over the
307	course of the planning period from any other providers of water,
308	if applicable that are identified in the element as necessary to
309	serve existing and new development and for which the local
310	government is responsible. The work plan shall be updated, at a
311	minimum, every 5 years within 18 12 months after the governing
312	board of a water management district approves an updated
313	regional water supply plan. Local governments, public and
314	private utilities, regional water supply authorities, special
315	districts, and water management districts are encouraged to
316	cooperatively plan for the development of multijurisdictional
317	water supply facilities that are sufficient to meet projected
318	demands for established planning periods, including the
319	development of alternative water sources to supplement
320	traditional sources of ground and surface water supplies.
321	Amendments to incorporate the work plan do not count toward the
322	limitation on the frequency of adoption of amendments to the
323	comprehensive plan.
324	(h)1.  An intergovernmental coordination element showing
325	relationships and stating principles and guidelines to be used
326	in the accomplishment of coordination of the adopted
327	comprehensive plan with the plans of school boards, regional
328	water supply authorities, and other units of local government
329	providing services but not having regulatory authority over the
330	use of land, with the comprehensive plans of adjacent
331	municipalities, the county, adjacent counties, or the region,
332	with the state comprehensive plan and with the applicable
333	regional water supply plan approved pursuant to s. 373.0361, as
334	the case may require and as such adopted plans or plans in
335	preparation may exist. This element of the local comprehensive
336	plan shall demonstrate consideration of the particular effects
337	of the local plan, when adopted, upon the development of
338	adjacent municipalities, the county, adjacent counties, or the
339	region, or upon the state comprehensive plan, as the case may
340	require.
341	a.  The intergovernmental coordination element shall
342	provide for procedures to identify and implement joint planning
343	areas, especially for the purpose of annexation, municipal
344	incorporation, and joint infrastructure service areas.
345	b.  The intergovernmental coordination element shall
346	provide for recognition of campus master plans prepared pursuant
347	to s. 1013.30.
348	c.  The intergovernmental coordination element may provide
349	for a voluntary dispute resolution process as established
350	pursuant to s. 186.509 for bringing to closure in a timely
351	manner intergovernmental disputes. A local government may
352	develop and use an alternative local dispute resolution process
353	for this purpose.
354	2.  The intergovernmental coordination element shall
355	further state principles and guidelines to be used in the
356	accomplishment of coordination of the adopted comprehensive plan
357	with the plans of school boards and other units of local
358	government providing facilities and services but not having
359	regulatory authority over the use of land. In addition, the
360	intergovernmental coordination element shall describe joint
361	processes for collaborative planning and decisionmaking on
362	population projections and public school siting, the location
363	and extension of public facilities subject to concurrency, and
364	siting facilities with countywide significance, including
365	locally unwanted land uses whose nature and identity are
366	established in an agreement. Within 1 year of adopting their
367	intergovernmental coordination elements, each county, all the
368	municipalities within that county, the district school board,
369	and any unit of local government service providers in that
370	county shall establish by interlocal or other formal agreement
371	executed by all affected entities, the joint processes described
372	in this subparagraph consistent with their adopted
373	intergovernmental coordination elements.
374	3.  To foster coordination between special districts and
375	local general-purpose governments as local general-purpose
376	governments implement local comprehensive plans, each
377	independent special district must submit a public facilities
378	report to the appropriate local government as required by s.
379	189.415.
380	4.a.  Local governments adopting a public educational
381	facilities element pursuant to s. 163.31776 must execute an
382	interlocal agreement with the district school board, the county,
383	and nonexempt municipalities pursuant to s. 163.31777, as
384	defined by s. 163.31776(1), which includes the items listed in
385	s. 163.31777(2). The local government shall amend the
386	intergovernmental coordination element to provide that
387	coordination between the local government and school board is
388	pursuant to the agreement and shall state the obligations of the
389	local government under the agreement.
390	b.  Plan amendments that comply with this subparagraph are
391	exempt from the provisions of s. 163.3187(1).
392	5.  The state land planning agency shall establish a
393	schedule for phased completion and transmittal of plan
394	amendments to implement subparagraphs 1., 2., and 3. from all
395	jurisdictions so as to accomplish their adoption by December 31,
396	1999. A local government may complete and transmit its plan
397	amendments to carry out these provisions prior to the scheduled
398	date established by the state land planning agency. The plan
399	amendments are exempt from the provisions of s. 163.3187(1).
400	6.  By January 1, 2004, Any county having a population
401	greater than 100,000, and the municipalities and special
402	districts within that county, shall submit a report to the
403	Department of Community Affairs which:
404	a.  Identifies all existing or proposed interlocal service-
405	delivery agreements regarding the following: education; sanitary
406	sewer; public safety; solid waste; drainage; potable water;
407	parks and recreation; and transportation facilities.
408	b.  Identifies any deficits or duplication in the provision
409	of services within its jurisdiction, whether capital or
410	operational. Upon request, the Department of Community Affairs
411	shall provide technical assistance to the local governments in
412	identifying deficits or duplication.
413	7.  Within 6 months after submission of the report, the
414	Department of Community Affairs shall, through the appropriate
415	regional planning council, coordinate a meeting of all local
416	governments within the regional planning area to discuss the
417	reports and potential strategies to remedy any identified
418	deficiencies or duplications.
419	8.  Each local government shall update its
420	intergovernmental coordination element based upon the findings
421	in the report submitted pursuant to subparagraph 6. The report
422	may be used as supporting data and analysis for the
423	intergovernmental coordination element.
424	9.  By February 1, 2003, representatives of municipalities,
425	counties, and special districts shall provide to the Legislature
426	recommended statutory changes for annexation, including any
427	changes that address the delivery of local government services
428	in areas planned for annexation.
429	(11)
430	(d)1.  The department, in cooperation with the Department
431	of Agriculture and Consumer Services, the Department of
432	Environmental Protection, water management districts, and
433	regional planning councils, shall provide assistance to local
434	governments in the implementation of this paragraph and rule 9J-
435	5.006(5)(l), Florida Administrative Code. Implementation of
436	those provisions shall include a process by which the department
437	may authorize local governments to designate all or portions of
438	lands classified in the future land use element as predominantly
439	agricultural, rural, open, open-rural, or a substantively
440	equivalent land use, as a rural land stewardship area within
441	which planning and economic incentives are applied to encourage
442	the implementation of innovative and flexible planning and
443	development strategies and creative land use planning
444	techniques, including those contained herein and in rule 9J-
445	5.006(5)(l), Florida Administrative Code. Assistance may
446	include, but is not limited to:
447	a.  Assistance from the Department of Environmental
448	Protection and water management districts in creating the
449	geographic information systems land cover database and aerial
450	photogrammetry needed to prepare for a rural land stewardship
451	area;
452	b.  Support for local government implementation of rural
453	land stewardship concepts by providing information and
454	assistance to local governments regarding land acquisition
455	programs that may be used by the local government or landowners
456	to leverage the protection of greater acreage and maximize the
457	effectiveness of rural land stewardship areas; and
458	c.  Expansion of the role of the Department of Community
459	Affairs as a resource agency to facilitate establishment of
460	rural land stewardship areas in smaller rural counties that do
461	not have the staff or planning budgets to create a rural land
462	stewardship area.
463	2.  The state land planning agency department shall
464	encourage participation by local governments of different sizes
465	and rural characteristics in establishing and implementing rural
466	land stewardship areas. It is the intent of the Legislature that
467	rural land stewardship areas be used to further the following
468	broad principles of rural sustainability: restoration and
469	maintenance of the economic value of rural land; control of
470	urban sprawl; identification and protection of ecosystems,
471	habitats, and natural resources; promotion of rural economic
472	activity; maintenance of the viability of Florida's agricultural
473	economy; and protection of the character of rural areas of
474	Florida. Rural land stewardship areas may be multicounty in
475	order to encourage coordinated regional stewardship planning.
476	3.  A local government, in conjunction with a regional
477	planning council, a stakeholder organization of private land
478	owners, or another local government, shall notify the department
479	in writing of its intent to designate a rural land stewardship
480	area. The written notification shall describe the basis for the
481	designation, including the extent to which the rural land
482	stewardship area enhances rural land values, controls urban
483	sprawl, provides necessary open space for agriculture and
484	protection of the natural environment, promotes rural economic
485	activity, and maintains rural character and the economic
486	viability of agriculture.
487	4.  A rural land stewardship area shall be not less than
488	10,000 acres and shall be located outside of municipalities and
489	established urban growth boundaries, and shall be designated by
490	plan amendment. The plan amendment designating a rural land
491	stewardship area shall be subject to review by the Department of
492	Community Affairs pursuant to s. 163.3184 and shall provide for
493	the following:
494	a.  Criteria for the designation of receiving areas within
495	rural land stewardship areas in which innovative planning and
496	development strategies may be applied. Criteria shall at a
497	minimum provide for the following: adequacy of suitable land to
498	accommodate development so as to avoid conflict with
499	environmentally sensitive areas, resources, and habitats;
500	compatibility between and transition from higher density uses to
501	lower intensity rural uses; the establishment of receiving area
502	service boundaries which provide for a separation between
503	receiving areas and other land uses within the rural land
504	stewardship area through limitations on the extension of
505	services; and connection of receiving areas with the rest of the
506	rural land stewardship area using rural design and rural road
507	corridors.
508	b.  Goals, objectives, and policies setting forth the
509	innovative planning and development strategies to be applied
510	within rural land stewardship areas pursuant to the provisions
511	of this section.
512	c.  A process for the implementation of innovative planning
513	and development strategies within the rural land stewardship
514	area, including those described in this subsection and rule 9J-
515	5.006(5)(l), Florida Administrative Code, which provide for a
516	functional mix of land uses and which are applied through the
517	adoption by the local government of zoning and land development
518	regulations applicable to the rural land stewardship area.
519	d.  A process which encourages visioning pursuant to s.
520	163.3167(11) to ensure that innovative planning and development
521	strategies comply with the provisions of this section.
522	e.  The control of sprawl through the use of innovative
523	strategies and creative land use techniques consistent with the
524	provisions of this subsection and rule 9J-5.006(5)(l), Florida
525	Administrative Code.
526	5.  A receiving area shall be designated by the adoption of
527	a land development regulation. Prior to the designation of a
528	receiving area, the local government shall provide the
529	Department of Community Affairs a period of 30 days in which to
530	review a proposed receiving area for consistency with the rural
531	land stewardship area plan amendment and to provide comments to
532	the local government.
533	6.  Upon the adoption of a plan amendment creating a rural
534	land stewardship area, the local government shall, by ordinance,
535	establish the methodology for the creation, conveyance, and use
536	of transferable rural land use credits, otherwise referred to as
537	stewardship credits, the application of assign to the area a
538	certain number of credits, to be known as "transferable rural
539	land use credits," which shall not constitute a right to develop
540	land, nor increase density of land, except as provided by this
541	section. The total amount of transferable rural land use credits
542	within assigned to the rural land stewardship area must enable
543	the realization of the long-term vision and goals for correspond
544	to the 25-year or greater projected population of the rural land
545	stewardship area. Transferable rural land use credits are
546	subject to the following limitations:
547	a.  Transferable rural land use credits may only exist
548	within a rural land stewardship area.
549	b.  Transferable rural land use credits may only be used on
550	lands designated as receiving areas and then solely for the
551	purpose of implementing innovative planning and development
552	strategies and creative land use planning techniques adopted by
553	the local government pursuant to this section.
554	c.  Transferable rural land use credits assigned to a
555	parcel of land within a rural land stewardship area shall cease
556	to exist if the parcel of land is removed from the rural land
557	stewardship area by plan amendment.
558	d.  Neither the creation of the rural land stewardship area
559	by plan amendment nor the assignment of transferable rural land
560	use credits by the local government shall operate to displace
561	the underlying density of land uses assigned to a parcel of land
562	within the rural land stewardship area; however, if transferable
563	rural land use credits are transferred from a parcel for use
564	within a designated receiving area, the underlying density
565	assigned to the parcel of land shall cease to exist.
566	e.  The underlying density on each parcel of land located
567	within a rural land stewardship area shall not be increased or
568	decreased by the local government, except as a result of the
569	conveyance or use of transferable rural land use credits, as
570	long as the parcel remains within the rural land stewardship
571	area.
572	f.  Transferable rural land use credits shall cease to
573	exist on a parcel of land where the underlying density assigned
574	to the parcel of land is utilized.
575	g.  An increase in the density of use on a parcel of land
576	located within a designated receiving area may occur only
577	through the assignment or use of transferable rural land use
578	credits and shall not require a plan amendment.
579	h.  A change in the density of land use on parcels located
580	within receiving areas shall be specified in a development order
581	which reflects the total number of transferable rural land use
582	credits assigned to the parcel of land and the infrastructure
583	and support services necessary to provide for a functional mix
584	of land uses corresponding to the plan of development.
585	i.  Land within a rural land stewardship area may be
586	removed from the rural land stewardship area through a plan
587	amendment.
588	j.  Transferable rural land use credits may be assigned at
589	different ratios of credits per acre according to the natural
590	resource or other beneficial use characteristics of the land and
591	according to the land use remaining following the transfer of
592	credits, with the highest number of credits per acre assigned to
593	the most environmentally valuable land, or in locations where
594	the retention of and a lesser number of credits to be assigned
595	to open space and agricultural land is a priority, to such
596	lands.
597	k.  The use or conveyance of transferable rural land use
598	credits must be recorded in the public records of the county in
599	which the property is located as a covenant or restrictive
600	easement running with the land in favor of the county and either
601	the Department of Environmental Protection, Department of
602	Agriculture and Consumer Services, a water management district,
603	or a recognized statewide land trust.
604	7.  Owners of land within rural land stewardship areas
605	should be provided incentives to enter into rural land
606	stewardship agreements, pursuant to existing law and rules
607	adopted thereto, with state agencies, water management
608	districts, and local governments to achieve mutually agreed upon
609	conservation objectives. Such incentives may include, but not be
610	limited to, the following:
611	a.  Opportunity to accumulate transferable mitigation
612	credits.
613	b.  Extended permit agreements.
614	c.  Opportunities for recreational leases and ecotourism.
615	d.  Payment for specified land management services on
616	publicly owned land, or property under covenant or restricted
617	easement in favor of a public entity.
618	e.  Option agreements for sale to public entities or
619	private land conservation entities, in either fee or easement,
620	upon achievement of conservation objectives.
621	8.  The department shall report to the Legislature on an
622	annual basis on the results of implementation of rural land
623	stewardship areas authorized by the department, including
624	successes and failures in achieving the intent of the
625	Legislature as expressed in this paragraph.
626	9.  In recognition of the benefits of conceptual long-range
627	planning, restoration and maintenance of the economic value of
628	rural land; control of urban sprawl; identification and
629	protection of ecosystems, habitats, and natural resources;
630	promotion of rural economic activity; maintenance of the
631	viability of the agricultural economy of this state; and
632	protection of the character of rural areas of this state that
633	will result from a rural land stewardship area, and to further
634	encourage the innovative planning and development strategies in
635	a rural land stewardship area, development within a rural land
636	stewardship area is exempt from the requirements of s. 380.06.
637	(12)  A public school facilities element adopted to
638	implement a school concurrency program shall meet the
639	requirements of this subsection.
640	(a)  Each county and each municipality within the county
641	must adopt a consistent public school facilities element and
642	enter an interlocal agreement pursuant to s. 163.31777. The
643	state land planning agency may provide a waiver to a county and
644	to the municipalities within the county if the utilization rate
645	for all schools within the district is less than 100 percent and
646	the projected 5-year capital outlay full-time equivalent student
647	growth rate is less than 10 percent. At its discretion, the
648	state land planning agency may grant a waiver to a county or
649	municipality for a single school to exceed the 100 percent
650	limitation if it can be demonstrated that the capacity for that
651	single school is not greater than 105 percent. A municipality in
652	a nonexempt county is exempt if the municipality meets all of
653	the following criteria for having no significant impact on
654	school attendance:
655	1.  The municipality has issued development orders for
656	fewer than 50 residential dwelling units during the preceding 5
657	years or the municipality has generated fewer than 25 additional
658	public school students during the preceding 5 years.
659	2.  The municipality has not annexed new land during the
660	preceding 5 years in land use categories that permit residential
661	uses that will affect school attendance rates.
662	3.  The municipality has no public schools located within
663	its boundaries.
664	(b)(a)  A public school facilities element shall be based
665	upon data and analyses that address, among other items, how
666	level-of-service standards will be achieved and maintained. Such
667	data and analyses must include, at a minimum, such items as: the
668	interlocal agreement adopted pursuant to s. 163.31777 and the 5-
669	year school district facilities work program adopted pursuant to
670	s. 1013.35; the educational plant survey prepared pursuant to s.
671	1013.31 and an existing educational and ancillary plant map or
672	map series; information on existing development and development
673	anticipated for the next 5 years and the long-term planning
674	period; an analysis of problems and opportunities for existing
675	schools and schools anticipated in the future; an analysis of
676	opportunities to collocate future schools with other public
677	facilities such as parks, libraries, and community centers; an
678	analysis of the need for supporting public facilities for
679	existing and future schools; an analysis of opportunities to
680	locate schools to serve as community focal points; projected
681	future population and associated demographics, including
682	development patterns year by year for the upcoming 5-year and
683	long-term planning periods; and anticipated educational and
684	ancillary plants with land area requirements.
685	(c)(b)  The element shall contain one or more goals which
686	establish the long-term end toward which public school programs
687	and activities are ultimately directed.
688	(d)(c)  The element shall contain one or more objectives
689	for each goal, setting specific, measurable, intermediate ends
690	that are achievable and mark progress toward the goal.
691	(e)(d)  The element shall contain one or more policies for
692	each objective which establish the way in which programs and
693	activities will be conducted to achieve an identified goal.
694	(f)(e)  The objectives and policies shall address items
695	such as:
696	1.  The procedure for an annual update process;
697	2.  The procedure for school site selection;
698	3.  The procedure for school permitting;
699	4.  Provision of supporting infrastructure necessary to
700	support proposed schools, including potable water, wastewater,
701	drainage, solid waste, transportation, and means by which to
702	ensure safe access to schools, including sidewalks, bicycle
703	paths, turn lanes, and signalization;
704	5.  Provision of colocation of other public facilities,
705	such as parks, libraries, and community centers, in proximity to
706	public schools;
707	6.  Provision of location of schools proximate to
708	residential areas and to complement patterns of development,
709	including the location of future school sites so they serve as
710	community focal points;
711	7.  Measures to ensure compatibility of school sites and
712	surrounding land uses;
713	8.  Coordination with adjacent local governments and the
714	school district on emergency preparedness issues, including the
715	use of public schools to serve as emergency shelters; and
716	9.  Coordination with the future land use element.
717	(g)(f)  The element shall include one or more future
718	conditions maps which depict the anticipated location of
719	educational and ancillary plants, including the general location
720	of improvements to existing schools or new schools anticipated
721	over the 5-year or long-term planning period. The maps will of
722	necessity be general for the long-term planning period and more
723	specific for the 5-year period. Maps indicating general
724	locations of future schools or school improvements may not
725	prescribe a land use on a particular parcel of land.
726	(h)  The state land planning agency shall establish a
727	phased schedule for adoption of the public school facilities
728	element and the required updates to the public schools
729	interlocal agreement pursuant to s. 163.31777. The schedule
730	shall provide for each county and local government within the
731	county to adopt the element and update to the agreement no later
732	than December 1, 2008. Plan amendments to adopt a public school
733	facilities element are exempt from the provisions of s.
734	163.3187(1). The state land planning agency may grant a 1-year
735	extension for the adoption of the element if a request is
736	justified by good and sufficient cause as determined by the
737	agency.
738	(i)  Failure to timely adopt updating amendments to the
739	comprehensive plan that are necessary to implement school
740	concurrency prior to December 1, 2008, unless a one-year
741	extension has been granted, shall result in a local government
742	being prohibited from adopting amendments to the comprehensive
743	plan that increase residential density until the necessary
744	amendments have been adopted and the adopted amendments have
745	been transmitted to the state land planning agency.
746	(j)  The state land planning agency may issue the school
747	board a notice to show cause why sanctions should not be
748	enforced for failure to enter into an approved interlocal
749	agreement as required by s. 163.31777 or for failure to
750	implement the provisions of this act relating to public school
751	concurrency. The school board may be subject to sanctions
752	imposed by the Administration Commission directing the
753	Department of Education to withhold from the district school
754	board an equivalent amount of funds for school construction
755	available to s. 1013.65, 1013.68, 1013.70, and 1013.72.
756	(13)  Local governments are encouraged to develop a
757	community vision that provides for sustainable growth,
758	recognizes the local government's fiscal constraints, and
759	protects the local government's natural resources pursuant to s.
760	163.167(11). At the request of a local government, the
761	applicable regional planning council shall provide assistance in
762	the development of a community vision.
763	Section 5.  Section 163.31777, Florida Statutes, is amended
764	to read:
765	163.31777  Public schools interlocal agreement.--
766	(1)(a)  The school board, county, and nonexempt
767	municipalities located within the geographic area of a school
768	district shall enter into an interlocal agreement with the
769	district school board which jointly establishes the specific
770	ways in which the plans and processes of the district school
771	board and the local governments are to be coordinated. The
772	interlocal agreements shall be submitted to the state land
773	planning agency and the Office of Educational Facilities and the
774	SMART Schools Clearinghouse in accordance with a schedule
775	published by the state land planning agency.
776	(b)  The schedule must establish staggered due dates for
777	submission of interlocal agreements that are executed by both
778	the local government and the district school board, commencing
779	on March 1, 2003, and concluding by December 1, 2004, and must
780	set the same date for all governmental entities within a school
781	district. However, if the county where the school district is
782	located contains more than 20 municipalities, the state land
783	planning agency may establish staggered due dates for the
784	submission of interlocal agreements by these municipalities. The
785	schedule must begin with those areas where both the number of
786	districtwide capital-outlay full-time-equivalent students equals
787	80 percent or more of the current year's school capacity and the
788	projected 5-year student growth is 1,000 or greater, or where
789	the projected 5-year student growth rate is 10 percent or
790	greater.
791	(b)(c)  If the student population has declined over the 5-
792	year period preceding the due date for submittal of an
793	interlocal agreement by the local government and the district
794	school board, the local government and the district school board
795	may petition the state land planning agency for a waiver of one
796	or more requirements of subsection (2). The waiver must be
797	granted if the procedures called for in subsection (2) are
798	unnecessary because of the school district's declining school
799	age population, considering the district's 5-year facilities
800	work program prepared pursuant to s. 1013.35. The state land
801	planning agency may modify or revoke the waiver upon a finding
802	that the conditions upon which the waiver was granted no longer
803	exist. The district school board and local governments must
804	submit an interlocal agreement within 1 year after notification
805	by the state land planning agency that the conditions for a
806	waiver no longer exist.
807	(c)(d)  Interlocal agreements between local governments and
808	district school boards adopted pursuant to s. 163.3177 before
809	the effective date of this section must be updated and executed
810	pursuant to the requirements of this section, if necessary.
811	Amendments to interlocal agreements adopted pursuant to this
812	section must be submitted to the state land planning agency
813	within 30 days after execution by the parties for review
814	consistent with this section. Local governments and the district
815	school board in each school district are encouraged to adopt a
816	single updated interlocal agreement to which all join as
817	parties. The state land planning agency shall assemble and make
818	available model interlocal agreements meeting the requirements
819	of this section and notify local governments and, jointly with
820	the Department of Education, the district school boards of the
821	requirements of this section, the dates for compliance, and the
822	sanctions for noncompliance. The state land planning agency
823	shall be available to informally review proposed interlocal
824	agreements. If the state land planning agency has not received a
825	proposed interlocal agreement for informal review, the state
826	land planning agency shall, at least 60 days before the deadline
827	for submission of the executed agreement, renotify the local
828	government and the district school board of the upcoming
829	deadline and the potential for sanctions.
830	(2)  At a minimum, The interlocal agreement shall
831	acknowledge the school board's constitutional and statutory
832	obligations to provide a uniform system of free public schools
833	on a countywide basis and the land use authority of local
834	governments, including their authority to approve or deny
835	comprehensive plan amendments and development orders. The
836	interlocal agreement must address the following issues:
837	(a)  Establish the mechanisms for coordinating the
838	development, adoption, and amendment of each local government's
839	public school facilities element with each other and the plans
840	of the school board to ensure a uniform districtwide school
841	concurrency system.
842	(b)  Establish a process for the development of siting
843	criteria which encourages the location of public schools
844	proximate to urban residential areas to the extent possible and
845	seeks to collocate schools with other public facilities such as
846	parks, libraries, and community centers to the extent possible.
847	(c)  Specify uniform, districtwide level-of-service
848	standards for public schools of the same type and the process
849	for modifying the adopted levels-of-service standards.
850	(d)  A process for establishing a financially feasible
851	public school capital facilities program and a process and
852	schedule for incorporation of the public school capital
853	facilities program into the local government comprehensive plans
854	on an annual basis.
855	(e)  If school concurrency is to be applied on a less than
856	districtwide basis in the form of concurrency service areas, the
857	agreement shall establish criteria and standards for the
858	establishment and modification of school concurrency service
859	areas. The agreement shall also establish a process and schedule
860	for the mandatory incorporation of the school concurrency
861	service areas and the criteria and standards for establishment
862	of the service areas into the local government comprehensive
863	plans. The agreement shall ensure maximum utilization of school
864	capacity, taking into account transportation costs and court-
865	approved desegregation plans, as well as other applicable
866	factors.
867	(f)  Establish a uniform districtwide procedure for
868	implementing school concurrency which provides for:
869	1.  The evaluation of development applications for
870	compliance with school concurrency requirements, including
871	information provided by the school board on affected schools.
872	2.  The monitoring and evaluation of the school concurrency
873	system.
874	(g)  A process and uniform methodology for determining
875	proportionate-share mitigation pursuant to s. 380.06.
876	(h)(a)  A process by which each local government and the
877	district school board agree and base their plans on consistent
878	projections of the amount, type, and distribution of population
879	growth and student enrollment. The geographic distribution of
880	jurisdiction-wide growth forecasts is a major objective of the
881	process.
882	(i)(b)  A process to coordinate and share information
883	relating to existing and planned public school facilities,
884	including school renovations and closures, and local government
885	plans for development and redevelopment.
886	(j)(c)  Participation by affected local governments with
887	the district school board in the process of evaluating potential
888	school closures, significant renovations to existing schools,
889	and new school site selection before land acquisition. Local
890	governments shall advise the district school board as to the
891	consistency of the proposed closure, renovation, or new site
892	with the local comprehensive plan, including appropriate
893	circumstances and criteria under which a district school board
894	may request an amendment to the comprehensive plan for school
895	siting.
896	(k)(d)  A process for determining the need for and timing
897	of onsite and offsite improvements to support new, proposed
898	expansion, or redevelopment of existing schools. The process
899	must address identification of the party or parties responsible
900	for the improvements.
901	(e)  A process for the school board to inform the local
902	government regarding school capacity. The capacity reporting
903	must be consistent with laws and rules relating to measurement
904	of school facility capacity and must also identify how the
905	district school board will meet the public school demand based
906	on the facilities work program adopted pursuant to s. 1013.35.
907	(l)(f)  Participation of the local governments in the
908	preparation of the annual update to the district school board's
909	5-year district facilities work program and educational plant
910	survey prepared pursuant to s. 1013.35.
911	(m)(g)  A process for determining where and how joint use
912	of either school board or local government facilities can be
913	shared for mutual benefit and efficiency.
914	(n)(h)  A procedure for the resolution of disputes between
915	the district school board and local governments, which may
916	include the dispute resolution processes contained in chapters
917	164 and 186.
918	(o)(i)  An oversight process, including an opportunity for
919	public participation, for the implementation of the interlocal
920	agreement.
921	(p)  A process for development of a public school
922	facilities element pursuant to 163.3177(12).
923	(q)  Provisions for siting and modification or enhancements
924	to existing school facilities so as to encourage urban infill
925	and redevelopment.
926	(r)  A process for the use and conversion of historic
927	school facilities that are no longer suitable for educational
928	purposes as determined by the district school board.
929	(s)  A process for informing the local government regarding
930	the effect of comprehensive plan amendments and rezonings on
931	school capacity. The capacity reporting must be consistent with
932	laws and rules relating to measurement of school facility
933	capacity and must also identify how the district school board
934	will meet the public school demand based on the facilities work
935	program adopted pursuant to s. 1013.35.
936	(t)  A process to ensure an opportunity for the school
937	board to review and comment on the effect of comprehensive plan
938	amendments and rezonings on the public school facilities plan.
939
940	For those local governments that receive a waiver pursuant to s.
941	163.3177(2)(a), the interlocal agreement shall not include the
942	issues provided for in paragraphs (a), (c), (d), (e), (f), (g),
943	and (p). For counties or municipalities that do not have a
944	public schools interlocal agreement or public school facility
945	element, the assessment shall determine whether the local
946	government continues to meet the criteria of s. 163.3177(12). If
947	the county or municipality determines that it no longer meets
948	the criteria, the county or municipality must adopt appropriate
949	school concurrency goals, objectives, and policies in its plan
950	amendments pursuant to the requirements of the public school
951	facility element and enter into the existing interlocal
952	agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
953	order to fully participate in the school concurrency system. A
954	signatory to the interlocal agreement may elect not to include a
955	provision meeting the requirements of paragraph (e); however,
956	such a decision may be made only after a public hearing on such
957	election, which may include the public hearing in which a
958	district school board or a local government adopts the
959	interlocal agreement. An interlocal agreement entered into
960	pursuant to this section must be consistent with the adopted
961	comprehensive plan and land development regulations of any local
962	government that is a signatory.
963	(3)(a)  The updated interlocal agreement, adopted pursuant
964	to the schedule adopted in accordance with s. 163.3177(12)(h),
965	and any subsequent amendments must be submitted to the state
966	land planning agency and the Office of Educational Facilities
967	within 30 days after execution by the parties for review
968	consistent with this section. The office and SMART Schools
969	Clearinghouse shall submit any comments or concerns regarding
970	the executed interlocal agreement or amendments to the state
971	land planning agency within 30 days after receipt of the
972	executed interlocal agreement or amendments. The state land
973	planning agency shall review the updated executed interlocal
974	agreement to determine whether it is consistent with the
975	requirements of subsection (2), the adopted local government
976	comprehensive plan, and other requirements of law. Within 60
977	days after receipt of an updated executed interlocal agreement
978	or amendment, the state land planning agency shall publish a
979	notice on the agency's Internet website that states of intent in
980	the Florida Administrative Weekly and shall post a copy of the
981	notice on the agency's Internet site. The notice of intent must
982	state whether the interlocal agreement is consistent or
983	inconsistent with the requirements of subsection (2) and this
984	subsection, as appropriate.
985	(b)  The state land planning agency's notice is subject to
986	challenge under chapter 120; however, an affected person, as
987	defined in s. 163.3184(1)(a), has standing to initiate the
988	administrative proceeding, and this proceeding is the sole means
989	available to challenge the consistency of an interlocal
990	agreement required by this section with the criteria contained
991	in subsection (2) and this subsection. In order to have
992	standing, each person must have submitted oral or written
993	comments, recommendations, or objections to the local government
994	or the school board before the adoption of the interlocal
995	agreement by the school board and local government. The district
996	school board and local governments are parties to any such
997	proceeding. In this proceeding, when the state land planning
998	agency finds the interlocal agreement to be consistent with the
999	criteria in subsection (2) and this subsection, the interlocal
1000	agreement shall be determined to be consistent with subsection
1001	(2) and this subsection if the local government's and school
1002	board's determination of consistency is fairly debatable. When
1003	the state planning agency finds the interlocal agreement to be
1004	inconsistent with the requirements of subsection (2) and this
1005	subsection, the local government's and school board's
1006	determination of consistency shall be sustained unless it is
1007	shown by a preponderance of the evidence that the interlocal
1008	agreement is inconsistent.
1009	(c)  If the state land planning agency enters a final order
1010	that finds that the interlocal agreement is inconsistent with
1011	the requirements of subsection (2) or this subsection, it shall
1012	forward it to the Administration Commission, which may impose
1013	sanctions against the local government pursuant to s.
1014	163.3184(11) and may impose sanctions against the district
1015	school board by directing the Department of Education to
1016	withhold from the district school board an equivalent amount of
1017	funds for school construction available pursuant to ss. 1013.65,
1018	1013.68, 1013.70, and 1013.72.
1019	(4)  If an updated executed interlocal agreement is not
1020	timely submitted to the state land planning agency for review,
1021	the state land planning agency shall, within 15 working days
1022	after the deadline for submittal, issue to the local government
1023	and the district school board a Notice to Show Cause why
1024	sanctions should not be imposed for failure to submit an
1025	executed interlocal agreement by the deadline established by the
1026	agency. The agency shall forward the notice and the responses to
1027	the Administration Commission, which may enter a final order
1028	citing the failure to comply and imposing sanctions against the
1029	local government and district school board by directing the
1030	appropriate agencies to withhold at least 5 percent of state
1031	funds pursuant to s. 163.3184(11) and by directing the
1032	Department of Education to withhold from the district school
1033	board at least 5 percent of funds for school construction
1034	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
1035	1013.72.
1036	(5)  Any local government transmitting a public school
1037	element to implement school concurrency pursuant to the
1038	requirements of s. 163.3180 before July 1, 2005 the effective
1039	date of this section is not required to amend the element or any
1040	interlocal agreement to conform with the provisions of this
1041	section if the element is adopted prior to or within 1 year
1042	after the effective date of this section and remains in effect.
1043	(6)  Except as provided in subsection (7), municipalities
1044	meeting the exemption criteria in s. 163.3177(12) having no
1045	established need for a new school facility and meeting the
1046	following criteria are exempt from the requirements of
1047	subsections (1), (2), and (3).:
1048	(a)  The municipality has no public schools located within
1049	its boundaries.
1050	(b)  The district school board's 5-year facilities work
1051	program and the long-term 10-year and 20-year work programs, as
1052	provided in s. 1013.35, demonstrate that no new school facility
1053	is needed in the municipality. In addition, the district school
1054	board must verify in writing that no new school facility will be
1055	needed in the municipality within the 5-year and 10-year
1056	timeframes.
1057	(7)  At the time of the evaluation and appraisal report,
1058	each exempt municipality shall assess the extent to which it
1059	continues to meet the criteria for exemption under s.
1060	163.3177(12) subsection (6). If the municipality continues to
1061	meet these criteria and the district school board verifies in
1062	writing that no new school facilities will be needed within the
1063	5-year and 10-year timeframes, the municipality shall continue
1064	to be exempt from the interlocal-agreement requirement. Each
1065	municipality exempt under s. 163.3177(12) subsection (6) must
1066	comply with the provisions of this section within 1 year after
1067	the district school board proposes, in its 5-year district
1068	facilities work program, a new school within the municipality's
1069	jurisdiction.
1070	Section 6.  Paragraph (a) of subsection (1), paragraphs (a)
1071	and (c) of subsection (2), paragraph (c) of subsection (4),
1072	subsections (5), (7), (9), (10), and (13), and paragraph (a) of
1073	subsection (15) of section 163.3180, Florida Statutes, are
1074	amended, and subsections (16) and (17) are added to said
1075	section, to read:
1076	163.3180  Concurrency.--
1077	(1)(a)  Sanitary sewer, solid waste, drainage, potable
1078	water, parks and recreation, schools, and transportation
1079	facilities, including mass transit, where applicable, are the
1080	only public facilities and services subject to the concurrency
1081	requirement on a statewide basis. Additional public facilities
1082	and services may not be made subject to concurrency on a
1083	statewide basis without appropriate study and approval by the
1084	Legislature; however, any local government may extend the
1085	concurrency requirement so that it applies to additional public
1086	facilities within its jurisdiction.
1087	(2)(a)  Consistent with public health and safety, sanitary
1088	sewer, solid waste, drainage, adequate water supplies, and
1089	potable water facilities shall be in place and available to
1090	serve new development no later than the issuance by the local
1091	government of a certificate of occupancy or its functional
1092	equivalent.
1093	(c)  Consistent with the public welfare, and except as
1094	otherwise provided in this section, transportation facilities
1095	designated as part of the Florida Intrastate Highway System
1096	needed to serve new development shall be in place or under
1097	actual construction within 3 not more than 5 years after
1098	issuance by the local government of a building permit
1099	certificate of occupancy or its functional equivalent for
1100	construction of a facility that results in actual traffic
1101	generation. For purposes of this paragraph, if the construction
1102	funding needed for facilities is in the third year of the
1103	Department of Transportation's work program or the local
1104	government's schedule of capital improvements, the under-actual-
1105	construction requirements of this paragraph shall be deemed to
1106	have been met. This provision shall not apply to developments of
1107	regional impact for which a development order has been issued or
1108	for which a development of regional impact application has been
1109	found sufficient prior to the effective date of this act. Other
1110	transportation facilities needed to serve new development shall
1111	be in place or under actual construction no more than 3 years
1112	after issuance by the local government of a certificate of
1113	occupancy or its functional equivalent.
1114	(4)
1115	(c)  The concurrency requirement, except as it relates to
1116	transportation and public school facilities, as implemented in
1117	local government comprehensive plans, may be waived by a local
1118	government for urban infill and redevelopment areas designated
1119	pursuant to s. 163.2517 if such a waiver does not endanger
1120	public health or safety as defined by the local government in
1121	its local government comprehensive plan. The waiver shall be
1122	adopted as a plan amendment pursuant to the process set forth in
1123	s. 163.3187(3)(a). A local government may grant a concurrency
1124	exception pursuant to subsection (5) for transportation
1125	facilities located within these urban infill and redevelopment
1126	areas. Within designated urban infill and redevelopment areas,
1127	the local government and Department of Transportation shall
1128	cooperatively establish a plan for maintaining the adopted
1129	level-of-service standards established by the Department of
1130	Transportation for Strategic Intermodal System facilities, as
1131	defined in s. 339.64. If the proposed concurrency exception area
1132	is located within the boundaries of a  municipality, the
1133	municipality shall consult with the county to assess the impact
1134	the proposed concurrency exception area is expected to have on
1135	the adopted level of-service standards established for county
1136	roads.
1137	(5)(a)  The Legislature finds that under limited
1138	circumstances dealing with transportation facilities,
1139	countervailing planning and public policy goals may come into
1140	conflict with the requirement that adequate public facilities
1141	and services be available concurrent with the impacts of such
1142	development. The Legislature further finds that often the
1143	unintended result of the concurrency requirement for
1144	transportation facilities is the discouragement of urban infill
1145	development and redevelopment. Such unintended results directly
1146	conflict with the goals and policies of the state comprehensive
1147	plan and the intent of this part. Therefore, exceptions from the
1148	concurrency requirement for transportation facilities may be
1149	granted as provided by this subsection.
1150	(b)  A local government may grant an exception from the
1151	concurrency requirement for transportation facilities if the
1152	proposed development is otherwise consistent with the adopted
1153	local government comprehensive plan and is a project that
1154	promotes public transportation or is located within an area
1155	designated in the comprehensive plan for:
1156	1.  Urban infill development,
1157	2.  Urban redevelopment,
1158	3.  Downtown revitalization, or
1159	4.  Urban infill and redevelopment under s. 163.2517.
1160	(c)  The Legislature also finds that developments located
1161	within urban infill, urban redevelopment, existing urban
1162	service, or downtown revitalization areas or areas designated as
1163	urban infill and redevelopment areas under s. 163.2517 which
1164	pose only special part-time demands on the transportation system
1165	should be excepted from the concurrency requirement for
1166	transportation facilities. A special part-time demand is one
1167	that does not have more than 200 scheduled events during any
1168	calendar year and does not affect the 100 highest traffic volume
1169	hours.
1170	(d)  A local government shall establish guidelines for
1171	granting the exceptions authorized in paragraphs (b) and (c) in
1172	the comprehensive plan. These guidelines must include
1173	consideration of the Strategic Intermodal System impacts on the
1174	Florida Intrastate Highway System, as defined in s. 338.001. The
1175	exceptions may be available only within the specific geographic
1176	area of the jurisdiction designated in the plan. Pursuant to s.
1177	163.3184, any affected person may challenge a plan amendment
1178	establishing these guidelines and the areas within which an
1179	exception could be granted. Prior to the designation of a
1180	concurrency management area, the Department of Transportation
1181	shall be consulted by the local government to assess the impact
1182	that the proposed concurrency management area is expected to
1183	have on the adopted level-of-service standards established for
1184	Strategic Intermodal System facilities, as defined in s. 339.64.
1185	Within designated urban infill and redevelopment areas, the
1186	local government and Department of Transportation shall
1187	cooperatively establish a plan for maintaining the adopted
1188	level-of-service standards established by the Department of
1189	Transportation for Strategic Intermodal System facilities
1190	pursuant to s. 339.64.
1191	(e)  It is a high state priority that urban infill and
1192	redevelopment be promoted and provide incentives. By promoting
1193	the revitalization of existing communities of this state, a more
1194	efficient maximization of space and facilities may be achieved
1195	and urban sprawl will be discouraged. If a local government
1196	creates a long-term vision for its community that includes
1197	adequate funding and services and multimodal transportation
1198	options, the transportation facilities concurrency requirements
1199	of paragraph (2)(c) are waived for:
1200	1.a.  Urban infill development as designated in the
1201	comprehensive plan;
1202	b.  Urban redevelopment as designated in the comprehensive
1203	plan;
1204	c.  Downtown revitalization as designated in the
1205	comprehensive plan; or
1206	d.  Urban infill and redevelopment under s. 163.2517 as
1207	designated in the comprehensive plan.
1208
1209	The local government and Department of Transportation shall
1210	cooperatively establish a plan for maintaining the adopted
1211	level-of-service standards established by the Department of
1212	Transportation for Strategic Intermodal System facilities, as
1213	defined in s. 339.64. If a municipality creates a long-term
1214	vision for its community pursuant to this paragraph, which
1215	includes a waiver from the transportation concurrency
1216	requirements established in s. 163.3180(2)(c), the municipality
1217	must consult with the county to assess the impact that granting
1218	waivers is expected to have on the adopted level of-service
1219	standards established for county roads.
1220	2.  Municipalities that are at least 90 percent built-out.
1221	For purposes of this exemption:
1222	a.  The term "built-out" means that 90 percent of the
1223	property within the municipality's boundaries, excluding lands
1224	that are designated as conservation, preservation, recreation,
1225	or public facilities categories, have been developed, or are the
1226	subject of an approved development order that has received a
1227	building permit and the municipality has an average density of 5
1228	units per acre for residential developments.
1229	b.  The municipality must have adopted an ordinance that
1230	provides the methodology for determining its built-out
1231	percentage, declares that transportation concurrency
1232	requirements are waived within its municipal boundary or within
1233	a designated area of the municipality, and addresses multimodal
1234	options and strategies, including alternative modes of
1235	transportation within the municipality. Prior to the adoption of
1236	the ordinance, the Department of Transportation shall be
1237	consulted by the local government to assess the impact that the
1238	waiver of the transportation concurrency requirements is
1239	expected to have on the adopted level-of-service standards
1240	established for Strategic Intermodal System facilities, as
1241	defined in s. 339.64. Further, the local government shall
1242	cooperatively establish a plan for maintaining the adopted
1243	level-of-service standards established by the department for
1244	Strategic Intermodal System facilities, as defined in s. 339.64.
1245	c.  If a municipality annexes any property, the
1246	municipality must recalculate its built-out percentage pursuant
1247	to the methodology set forth in its ordinance to verify whether
1248	the annexed property may be included within this exemption.
1249	d.  If transportation concurrency requirements are waived
1250	under this subparagraph, the municipality must adopt a
1251	comprehensive plan amendment pursuant to s. 163.3187(1)(c) which
1252	updates its transportation element to reflect the transportation
1253	concurrency requirements waiver and must submit a copy of its
1254	ordinance adopted in subparagraph b. to the state land planning
1255	agency.
1256	(7)  In order to promote infill development and
1257	redevelopment, one or more transportation concurrency management
1258	areas may be designated in a local government comprehensive
1259	plan. A transportation concurrency management area must be a
1260	compact geographic area with an existing network of roads where
1261	multiple, viable alternative travel paths or modes are available
1262	for common trips. A local government may establish an areawide
1263	level-of-service standard for such a transportation concurrency
1264	management area based upon an analysis that provides for a
1265	justification for the areawide level of service, how urban
1266	infill development or redevelopment will be promoted, and how
1267	mobility will be accomplished within the transportation
1268	concurrency management area. The state land planning agency
1269	shall amend chapter 9J-5, Florida Administrative Code, to be
1270	consistent with this subsection.
1271	(9)(a)  Each local government may adopt as a part of its
1272	plan a long-term transportation and school concurrency
1273	management systems system with a planning period of up to 10
1274	years for specially designated districts or areas where
1275	significant backlogs exist. The plan may include interim level-
1276	of-service standards on certain facilities and shall may rely on
1277	the local government's schedule of capital improvements for up
1278	to 10 years as a basis for issuing development orders that
1279	authorize commencement of construction permits in these
1280	designated districts or areas. The concurrency management
1281	system. It must be designed to correct existing deficiencies and
1282	set priorities for addressing backlogged facilities. The
1283	concurrency management system It must be financially feasible
1284	and consistent with other portions of the adopted local plan,
1285	including the future land use map.
1286	(b)  If a local government has a transportation or school
1287	facility backlog for existing development which cannot be
1288	adequately addressed in a 10-year plan, the state land planning
1289	agency may allow it to develop a plan and long-term schedule of
1290	capital improvements covering of up to 15 years for good and
1291	sufficient cause, based on a general comparison between that
1292	local government and all other similarly situated local
1293	jurisdictions, using the following factors:
1294	1.  The extent of the backlog.
1295	2.  For roads, whether the backlog is on local or state
1296	roads.
1297	3.  The cost of eliminating the backlog.
1298	4.  The local government's tax and other revenue-raising
1299	efforts.
1300	(c)  The local government may issue approvals to commence
1301	construction, notwithstanding s. 163.3180, consistent with and
1302	in areas that are subject to a long-term concurrency management
1303	system.
1304	(d)  If the local government adopts a long-term concurrency
1305	management system, the government must evaluate the system
1306	periodically. At a minimum, the local government must assess its
1307	progress toward improving levels of service within the long-term
1308	concurrency management district or area in the evaluation and
1309	appraisal report and determine any changes that are necessary to
1310	accelerate progress in meeting acceptable levels of service or
1311	providing other methods of transportation.
1312	(10)  With regard to roadway facilities on the Strategic
1313	Intermodal System designated in accordance with ss. 339.61,
1314	339.62, 339.63, and 339.64 Florida Intrastate Highway System as
1315	defined in s. 338.001, with concurrence from the Department of
1316	Transportation, the level-of-service standard for general lanes
1317	in urbanized areas, as defined in s. 334.03(36), may be
1318	established by the local government in the comprehensive plan.
1319	For all other facilities on the Florida Intrastate Highway
1320	System, local governments shall adopt the level-of-service
1321	standard established by the Department of Transportation by
1322	rule. For all other roads on the State Highway System, local
1323	governments shall establish an adequate level-of-service
1324	standard that need not be consistent with any level-of-service
1325	standard established by the Department of Transportation.
1326	(13)  In accordance with the schedule adopted in accordance
1327	with s. 163.3177(12)(h), school concurrency, if imposed by local
1328	option, shall be established on a districtwide basis and shall
1329	include all public schools in the district and all portions of
1330	the district, whether located in a municipality or an
1331	unincorporated area unless exempt from the public school
1332	facilities element pursuant to s. 163.3177(12), except that this
1333	subsection shall not apply to the Florida School for the Deaf
1334	and the Blind. The development of school concurrency shall be
1335	accomplished through a coordinated process including the local
1336	school district, the county, and all nonexempt municipalities
1337	within the county and shall be reflected in the public school
1338	facilities element adopted pursuant to the schedule provided for
1339	in s. 163.3177(12)(h). The school concurrency requirement shall
1340	not be effective until the adoption of the public school
1341	facilities element. The application of school concurrency to
1342	development shall be based upon the adopted comprehensive plan,
1343	as amended. All local governments within a county, except as
1344	provided in paragraph (f), shall adopt and transmit to the state
1345	land planning agency the necessary plan amendments, along with
1346	the interlocal agreement, for a compliance review pursuant to s.
1347	163.3184(7) and (8). School concurrency shall not become
1348	effective in a county until all local governments, except as
1349	provided in paragraph (f), have adopted the necessary plan
1350	amendments, which together with the interlocal agreement, are
1351	determined to be in compliance with the requirements of this
1352	part. The minimum requirements for school concurrency are the
1353	following:
1354	(a)  Public school facilities element.--A local government
1355	shall adopt and transmit to the state land planning agency a
1356	plan or plan amendment which includes a public school facilities
1357	element which is consistent with the requirements of s.
1358	163.3177(12) and which is determined to be in compliance as
1359	defined in s. 163.3184(1)(b). All local government public school
1360	facilities plan elements within a county must be consistent with
1361	each other as well as the requirements of this part.
1362	(b)  Level-of-service standards.--The Legislature
1363	recognizes that an essential requirement for a concurrency
1364	management system is the level of service at which a public
1365	facility is expected to operate.
1366	1.  Local governments and school boards imposing school
1367	concurrency shall exercise authority in conjunction with each
1368	other to establish jointly adequate level-of-service standards,
1369	as defined in chapter 9J-5, Florida Administrative Code,
1370	necessary to implement the adopted local government
1371	comprehensive plan, based on data and analysis.
1372	2.  Public school level-of-service standards shall be
1373	included and adopted into the capital improvements element of
1374	the local comprehensive plan and shall apply districtwide to all
1375	schools of the same type. Types of schools may include charter,
1376	elementary, middle, and high schools as well as special purpose
1377	facilities such as magnet schools.
1378	3.  Local governments and school boards shall have the
1379	option to utilize tiered level-of-service standards to allow
1380	time to achieve an adequate and desirable level of service as
1381	circumstances warrant.
1382	(c)  Service areas.--The Legislature recognizes that an
1383	essential requirement for a concurrency system is a designation
1384	of the area within which the level of service will be measured
1385	when an application for a residential development permit is
1386	reviewed for school concurrency purposes. This delineation is
1387	also important for purposes of determining whether the local
1388	government has a financially feasible public school capital
1389	facilities program that will provide schools which will achieve
1390	and maintain the adopted level-of-service standards.
1391	1.  In order to balance competing interests, preserve the
1392	constitutional concept of uniformity, and avoid disruption of
1393	existing educational and growth management processes, local
1394	governments are encouraged to initially apply school concurrency
1395	to development only on a districtwide basis so that a
1396	concurrency determination for a specific development will be
1397	based upon the availability of school capacity districtwide. To
1398	ensure that development is coordinated with schools having
1399	available capacity, within 5 years after adoption of school
1400	concurrency local governments shall apply school concurrency on
1401	a less than districtwide basis, such as using school attendance
1402	zones or concurrency service areas, as provided in subparagraph
1403	2.
1404	2.  For local governments applying school concurrency on a
1405	less than districtwide basis, such as utilizing school
1406	attendance zones or larger school concurrency service areas,
1407	local governments and school boards shall have the burden to
1408	demonstrate that the utilization of school capacity is maximized
1409	to the greatest extent possible in the comprehensive plan and
1410	amendment, taking into account transportation costs and court-
1411	approved desegregation plans, as well as other factors. In
1412	addition, in order to achieve concurrency within the service
1413	area boundaries selected by local governments and school boards,
1414	the service area boundaries, together with the standards for
1415	establishing those boundaries, shall be identified and, included
1416	as supporting data and analysis for, and adopted as part of the
1417	comprehensive plan. Any subsequent change to the service area
1418	boundaries for purposes of a school concurrency system shall be
1419	by plan amendment and shall be exempt from the limitation on the
1420	frequency of plan amendments in s. 163.3187(1).
1421	3.  Where school capacity is available on a districtwide
1422	basis but school concurrency is applied on a less than
1423	districtwide basis in the form of concurrency service areas, if
1424	the adopted level-of-service standard cannot be met in a
1425	particular service area as applied to an application for a
1426	development permit through mitigation or other measures and if
1427	the needed capacity for the particular service area is available
1428	in one or more contiguous service areas, as adopted by the local
1429	government, then the development order  may not shall be denied
1430	on the basis of school concurrency, and if issued, development
1431	impacts shall be shifted to contiguous service areas with
1432	schools having available capacity and mitigation measures shall
1433	not be exacted.
1434	(d)  Financial feasibility.--The Legislature recognizes
1435	that financial feasibility is an important issue because the
1436	premise of concurrency is that the public facilities will be
1437	provided in order to achieve and maintain the adopted level-of-
1438	service standard. This part and chapter 9J-5, Florida
1439	Administrative Code, contain specific standards to determine the
1440	financial feasibility of capital programs. These standards were
1441	adopted to make concurrency more predictable and local
1442	governments more accountable.
1443	1.  A comprehensive plan amendment seeking to impose school
1444	concurrency shall contain appropriate amendments to the capital
1445	improvements element of the comprehensive plan, consistent with
1446	the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
1447	Administrative Code. The capital improvements element shall set
1448	forth a financially feasible public school capital facilities
1449	program, established in conjunction with the school board, that
1450	demonstrates that the adopted level-of-service standards will be
1451	achieved and maintained.
1452	2.  Such amendments shall demonstrate that the public
1453	school capital facilities program meets all of the financial
1454	feasibility standards of this part and chapter 9J-5, Florida
1455	Administrative Code, that apply to capital programs which
1456	provide the basis for mandatory concurrency on other public
1457	facilities and services.
1458	3.  When the financial feasibility of a public school
1459	capital facilities program is evaluated by the state land
1460	planning agency for purposes of a compliance determination, the
1461	evaluation shall be based upon the service areas selected by the
1462	local governments and school board.
1463	(e)  Availability standard.--Consistent with the public
1464	welfare, a local government may not deny an application for site
1465	plan or final subdivision approval, or a functional equivalent
1466	for a development or phase of a development, permit authorizing
1467	residential development for failure to achieve and maintain the
1468	level-of-service standard for public school capacity in a local
1469	option school concurrency management system where adequate
1470	school facilities will be in place or under actual construction
1471	within 3 years after the permit issuance by the local government
1472	of site plan or final subdivision approval or its functional
1473	equivalent. School concurrency shall be satisfied if the
1474	developer executes a legally binding commitment to provide
1475	mitigation proportionate to the demand for public school
1476	facilities to be created by actual development of the property,
1477	including, but not limited to, the options described in
1478	subparagraph 1. Approval of a funding agreement shall not be
1479	unreasonably withheld. Any dispute shall be mediated pursuant to
1480	s. 120.573. Options for proportionate-share mitigation of
1481	impacts on public school facilities shall be established in the
1482	interlocal agreement pursuant to s. 163.31777.
1483	1.  Appropriate mitigation options include the contribution
1484	of land; the construction, expansion, or payment for land
1485	acquisition or construction of a public school facility; or the
1486	creation of mitigation banking based on the construction of a
1487	public school facility in exchange for the right to sell
1488	capacity credits. Such options must include execution by the
1489	applicant and the local government of a binding development
1490	agreement that constitutes a legally binding commitment to pay
1491	proportionate-share mitigation for the additional residential
1492	units approved by the local government in a development order
1493	and actually developed on the property, taking into account
1494	residential density allowed on the property prior to the plan
1495	amendment that increased overall residential density. Mitigation
1496	for development impacts to public schools requires the
1497	concurrence of the local school board. As a condition of its
1498	entry into such a development agreement, the local government
1499	may require the landowner to agree to continuing renewal of the
1500	agreement upon its expiration.
1501	2.  If the education facilities plan and the public
1502	educational facilities element authorize a contribution of land;
1503	the construction, expansion, or payment for land acquisition; or
1504	the construction or expansion of a public school facility, or a
1505	portion of such facility, as proportionate-share mitigation, the
1506	local government shall credit such a contribution, construction,
1507	expansion, or payment toward any other impact fee or exaction
1508	imposed by local ordinance for the same need, on a dollar-for-
1509	dollar basis at fair market value.
1510	3.  Any proportionate-share mitigation must be directed by
1511	the school board toward a school capacity improvement that is
1512	identified in the financially feasible 5-year district work plan
1513	and that will be provided in accordance with a legally binding
1514	agreement.
1515	(f)  Intergovernmental coordination.--
1516	1.  When establishing concurrency requirements for public
1517	schools, a local government shall satisfy the requirements for
1518	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1519	and 2., except that a municipality is not required to be a
1520	signatory to the interlocal agreement required by ss. s.
1521	163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1522	imposition of school concurrency, and as a nonsignatory, shall
1523	not participate in the adopted local school concurrency system,
1524	if the municipality meets all of the following criteria for
1525	having no significant impact on school attendance:
1526	a.  The municipality has issued development orders for
1527	fewer than 50 residential dwelling units during the preceding 5
1528	years, or the municipality has generated fewer than 25
1529	additional public school students during the preceding 5 years.
1530	b.  The municipality has not annexed new land during the
1531	preceding 5 years in land use categories which permit
1532	residential uses that will affect school attendance rates.
1533	c.  The municipality has no public schools located within
1534	its boundaries.
1535	d.  At least 80 percent of the developable land within the
1536	boundaries of the municipality has been built upon.
1537	2.  A municipality which qualifies as having no significant
1538	impact on school attendance pursuant to the criteria of
1539	subparagraph 1. must review and determine at the time of its
1540	evaluation and appraisal report pursuant to s. 163.3191 whether
1541	it continues to meet the criteria pursuant to s. 163.31777(6).
1542	If the municipality determines that it no longer meets the
1543	criteria, it must adopt appropriate school concurrency goals,
1544	objectives, and policies in its plan amendments based on the
1545	evaluation and appraisal report, and enter into the existing
1546	interlocal agreement required by ss. s. 163.3177(6)(h)2. and
1547	163.31777, in order to fully participate in the school
1548	concurrency system. If such a municipality fails to do so, it
1549	will be subject to the enforcement provisions of s. 163.3191.
1550	(g)  Interlocal agreement for school concurrency.--When
1551	establishing concurrency requirements for public schools, a
1552	local government must enter into an interlocal agreement which
1553	satisfies the requirements in s. 163.3177(6)(h)1. and 2. and the
1554	requirements of this subsection. The interlocal agreement shall
1555	acknowledge both the school board's constitutional and statutory
1556	obligations to provide a uniform system of free public schools
1557	on a countywide basis, and the land use authority of local
1558	governments, including their authority to approve or deny
1559	comprehensive plan amendments and development orders. The
1560	interlocal agreement shall be submitted to the state land
1561	planning agency by the local government as a part of the
1562	compliance review, along with the other necessary amendments to
1563	the comprehensive plan required by this part. In addition to the
1564	requirements of s. 163.3177(6)(h), the interlocal agreement
1565	shall meet the following requirements:
1566	1.  Establish the mechanisms for coordinating the
1567	development, adoption, and amendment of each local government's
1568	public school facilities element with each other and the plans
1569	of the school board to ensure a uniform districtwide school
1570	concurrency system.
1571	2.  Establish a process by which each local government and
1572	the school board shall agree and base their plans on consistent
1573	projections of the amount, type, and distribution of population
1574	growth and coordinate and share information relating to existing
1575	and planned public school facilities projections and proposals
1576	for development and redevelopment, and infrastructure required
1577	to support public school facilities.
1578	3.  Establish a process for the development of siting
1579	criteria which encourages the location of public schools
1580	proximate to urban residential areas to the extent possible and
1581	seeks to collocate schools with other public facilities such as
1582	parks, libraries, and community centers to the extent possible.
1583	4.  Specify uniform, districtwide level-of-service
1584	standards for public schools of the same type and the process
1585	for modifying the adopted levels-of-service standards.
1586	5.  Establish a process for the preparation, amendment, and
1587	joint approval by each local government and the school board of
1588	a public school capital facilities program which is financially
1589	feasible, and a process and schedule for incorporation of the
1590	public school capital facilities program into the local
1591	government comprehensive plans on an annual basis.
1592	6.  Define the geographic application of school
1593	concurrency. If school concurrency is to be applied on a less
1594	than districtwide basis in the form of concurrency service
1595	areas, the agreement shall establish criteria and standards for
1596	the establishment and modification of school concurrency service
1597	areas. The agreement shall also establish a process and schedule
1598	for the mandatory incorporation of the school concurrency
1599	service areas and the criteria and standards for establishment
1600	of the service areas into the local government comprehensive
1601	plans. The agreement shall ensure maximum utilization of school
1602	capacity, taking into account transportation costs and court-
1603	approved desegregation plans, as well as other factors. The
1604	agreement shall also ensure the achievement and maintenance of
1605	the adopted level-of-service standards for the geographic area
1606	of application throughout the 5 years covered by the public
1607	school capital facilities plan and thereafter by adding a new
1608	fifth year during the annual update.
1609	7.  Establish a uniform districtwide procedure for
1610	implementing school concurrency which provides for:
1611	a.  The evaluation of development applications for
1612	compliance with school concurrency requirements;
1613	b.  An opportunity for the school board to review and
1614	comment on the effect of comprehensive plan amendments and
1615	rezonings on the public school facilities plan; and
1616	c.  The monitoring and evaluation of the school concurrency
1617	system.
1618	8.  Include provisions relating to termination, suspension,
1619	and amendment of the agreement. The agreement shall provide that
1620	if the agreement is terminated or suspended, the application of
1621	school concurrency shall be terminated or suspended.
1622	(15)
1623	(a)  Multimodal transportation districts may be established
1624	under a local government comprehensive plan in areas delineated
1625	on the future land use map for which the local comprehensive
1626	plan assigns secondary priority to vehicle mobility and primary
1627	priority to assuring a safe, comfortable, and attractive
1628	pedestrian environment, with convenient interconnection to
1629	transit. Such districts must incorporate community design
1630	features that will reduce the number of automobile trips or
1631	vehicle miles of travel and will support an integrated,
1632	multimodal transportation system. Prior to the designation of
1633	multimodal transportation districts, the local government shall
1634	consult with the Department of Transportation to assess the
1635	impact that the proposed multimodal district area is expected to
1636	have on the adopted level-of-service standards established for
1637	Strategic Intermodal System facilities, as defined in s. 339.64.
1638	Within designated urban infill and redevelopment areas, the
1639	local government and Department of Transportation shall
1640	cooperatively establish a plan for maintaining the adopted
1641	level-of-service standards established by the Department of
1642	Transportation for Strategic Intermodal System facilities, as
1643	defined in s. 339.64. Multimodal transportation districts
1644	existing prior to July 1, 2005, shall meet at a minimum, the
1645	provision of this section by July 1, 2006, or at the time of the
1646	comprehensive plan update pursuant to the evaluation and
1647	appraisal report, whichever occurs last.
1648	(16)  It is the intent of the Legislature to provide a
1649	method by which the impacts of development on transportation
1650	facilities can be mitigated by the cooperative efforts of the
1651	public and private sectors. The methodology used to calculate a
1652	proportionate fair-share mitigation under this subsection must
1653	ensure that development is assessed in a manner and for the
1654	purpose of funding public facilities necessary to accommodate
1655	any impacts having rational nexus to the proposed development
1656	when the need to construct new facilities or add to the present
1657	system of public facilities is reasonably attributable to the
1658	proposed development.
1659	(a)  In its concurrency management system, a local
1660	government shall, by December 1, 2006, include methodologies
1661	that will be applied to calculate proportionate fair-share
1662	mitigation to satisfy transportation concurrency requirements
1663	when the impacted road segments are specifically identified for
1664	funding in the 5-year schedule of capital improvements in the
1665	capital improvement element of the local plan or the long-term
1666	concurrency management system. If a proportionate fair share
1667	agreement or development order condition reflects mitigation to
1668	a road segment or facility which is not on the 5-year schedule
1669	of capital improvements at the time of approval, the local
1670	government shall reflect such improvement in the 5-year schedule
1671	of capital improvements at the next update of the capital
1672	improvement element. Proportionate fair-share mitigation shall
1673	be applied as a credit against impact fees to the extent that
1674	all or a portion of the proportionate fair-share mitigation is
1675	used to address the same capital infrastructure improvements
1676	contemplated by the local government's impact fee ordinance.
1677	The credit shall not apply to internal, onsite facilities
1678	required by local regulations or to any offsite facilities to
1679	the extent such facilities are necessary to provide safe and
1680	adequate services to the development. The proportionate fair-
1681	share share methodology shall be applicable to all development
1682	contributing to the need for new or expanded public facilities.
1683	By December 1, 2005, the Department of Transportation shall
1684	develop a model transportation concurrency management ordinance
1685	with methodologies for assessing proportionate fair-share
1686	mitigation options.
1687	(b)  A local government may also designate a transportation
1688	corridor, district, or area subject to the mitigation; may
1689	establish the methodology for determining proportionate fair-
1690	share mitigation for development impacts on transportation
1691	facilities within such corridor; and shall establish the methods
1692	by which such mitigation is calculated and applied to
1693	concurrency requirements in the concurrency management system
1694	and include the corridor, district, or area in the capital
1695	improvements element.
1696	(c)  Proportionate fair-share mitigation includes, without
1697	limitation, separately or collectively, private funds,
1698	contributions of land, and construction and contribution of
1699	facilities and may include public funds as determined by the
1700	local government. The fair market value of the proportionate
1701	fair-share mitigation shall not differ based on the form of
1702	mitigation.
1703	(d)  In order to avoid reaching concurrency problems, a
1704	local government may impose proportionate fair-share mitigation
1705	adopted under this subsection on a transportation facility
1706	regardless of whether it meets or fails to meet the established
1707	levels of service.
1708	(e)  The developer and local government shall enter into a
1709	development agreement or other legally binding agreement or the
1710	development order must contain a condition which evidences the
1711	commitment to provide for proportionate fair-share mitigation as
1712	authorized under paragraph (a) or paragraph (b). Approval of
1713	such agreement shall not be unreasonably withheld. Any dispute
1714	over such agreement shall be resolved through mediation or other
1715	alternative dispute resolution. Upon execution of such an
1716	agreement, concurrency shall be deemed satisfied for the local
1717	government development order authorizing the development and no
1718	further concurrency proportionate fair-share mitigation may be
1719	assessed for such authorized development.
1720	(f)  Nothing in this subsection limits the home rule
1721	authority of a local government to enter into a public-private
1722	partnership or funding agreement to provide or govern the
1723	provision of essential infrastructure deemed necessary by the
1724	local government payable from available taxes, fees, special
1725	assessments or developer contributions.
1726	(g)  Mitigation for development impacts to facilities on
1727	the Strategic Intermodal System made pursuant to this subsection
1728	requires the concurrence of the Department of Transportation.
1729	However, this does not authorize the Department of
1730	Transportation to arbitrarily charge a fee or require additional
1731	mitigation. Concurrence by the Department of Transportation may
1732	not be withheld unduly.
1733	Section 7.  Paragraph (b) of subsection (1), subsection
1734	(4), and paragraph (a) of subsection (6) of section 163.3184,
1735	Florida Statutes, are amended to read:
1736	163.3184  Process for adoption of comprehensive plan or
1737	plan amendment.--
1738	(1)  DEFINITIONS.--As used in this section, the term:
1739	(b)  "In compliance" means consistent with the requirements
1740	of s. ss. 163.3177, 163.31776, when a local government adopts an
1741	educational facilities element, 163.3178, 163.3180, 163.3191,
1742	and 163.3245, with the state comprehensive plan, with the
1743	appropriate strategic regional policy plan, and with chapter 9J-
1744	5, Florida Administrative Code, where such rule is not
1745	inconsistent with this part and with the principles for guiding
1746	development in designated areas of critical state concern and
1747	with part III of chapter 369, where applicable.
1748	(4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
1749	specified in paragraph (3)(a) shall provide comments to the
1750	state land planning agency within 30 days after receipt by the
1751	state land planning agency of the complete proposed plan
1752	amendment. If the plan or plan amendment includes or relates to
1753	the public school facilities element pursuant to s. 163.3177
1754	163.31776, the state land planning agency shall submit a copy to
1755	the Office of Educational Facilities of the Commissioner of
1756	Education for review and comment. The appropriate regional
1757	planning council shall also provide its written comments to the
1758	state land planning agency within 30 days after receipt by the
1759	state land planning agency of the complete proposed plan
1760	amendment and shall specify any objections, recommendations for
1761	modifications, and comments of any other regional agencies to
1762	which the regional planning council may have referred the
1763	proposed plan amendment. Written comments submitted by the
1764	public within 30 days after notice of transmittal by the local
1765	government of the proposed plan amendment will be considered as
1766	if submitted by governmental agencies. All written agency and
1767	public comments must be made part of the file maintained under
1768	subsection (2).
1769	(6)  STATE LAND PLANNING AGENCY REVIEW.--
1770	(a)  The state land planning agency may shall review a
1771	proposed plan amendment upon request of a regional planning
1772	council, affected person, or local government transmitting the
1773	plan amendment. The request from the regional planning council
1774	or affected person must be received within 30 days after
1775	transmittal of the proposed plan amendment pursuant to
1776	subsection (3). A regional planning council or affected person
1777	requesting a review shall do so by submitting a written request
1778	to the agency with a notice of the request to the local
1779	government and any other person who has requested notice.
1780	Section 8.  Paragraphs (c) and (l) of subsection (1) of
1781	section 163.3187, Florida Statutes, are amended, and paragraph
1782	(o) is added to said subsection, to read:
1783	163.3187  Amendment of adopted comprehensive plan.--
1784	(1)  Amendments to comprehensive plans adopted pursuant to
1785	this part may be made not more than two times during any
1786	calendar year, except:
1787	(c)  Any local government comprehensive plan amendments
1788	directly related to proposed small scale development activities
1789	may be approved without regard to statutory limits on the
1790	frequency of consideration of amendments to the local
1791	comprehensive plan. A small scale development amendment may be
1792	adopted only under the following conditions:
1793	1.  The proposed amendment involves a use of 10 acres or
1794	fewer and:
1795	a.  The cumulative annual effect of the acreage for all
1796	small scale development amendments adopted by the local
1797	government shall not exceed:
1798	(I)  A maximum of 120 acres in a local government that
1799	contains areas specifically designated in the local
1800	comprehensive plan for urban infill, urban redevelopment, or
1801	downtown revitalization as defined in s. 163.3164, urban infill
1802	and redevelopment areas designated under s. 163.2517,
1803	transportation concurrency exception areas approved pursuant to
1804	s. 163.3180(5), or regional activity centers and urban central
1805	business districts approved pursuant to s. 380.06(2)(e);
1806	however, amendments under this paragraph may be applied to no
1807	more than 60 acres annually of property outside the designated
1808	areas listed in this sub-sub-subparagraph. Amendments adopted
1809	pursuant to paragraph (k) shall not be counted toward the
1810	acreage limitations for small scale amendments under this
1811	paragraph.
1812	(II)  A maximum of 80 acres in a local government that does
1813	not contain any of the designated areas set forth in sub-sub-
1814	subparagraph (I).
1815	(III)  A maximum of 120 acres in a county established
1816	pursuant to s. 9, Art. VIII of the State Constitution.
1817	b.  The proposed amendment does not involve the same
1818	property granted a change within the prior 12 months.
1819	c.  The proposed amendment does not involve the same
1820	owner's property within 200 feet of property granted a change
1821	within the prior 12 months.
1822	d.  The proposed amendment does not involve a text change
1823	to the goals, policies, and objectives of the local government's
1824	comprehensive plan, but only proposes a land use change to the
1825	future land use map for a site-specific small scale development
1826	activity.
1827	e.  The property that is the subject of the proposed
1828	amendment is not located within an area of critical state
1829	concern, unless the project subject to the proposed amendment
1830	involves the construction of affordable housing units meeting
1831	the criteria of s. 420.0004(3), and is located within an area of
1832	critical state concern designated by s. 380.0552 or by the
1833	Administration Commission pursuant to s. 380.05(1). Such
1834	amendment is not subject to the density limitations of sub-
1835	subparagraph f., and shall be reviewed by the state land
1836	planning agency for consistency with the principles for guiding
1837	development applicable to the area of critical state concern
1838	where the amendment is located and shall not become effective
1839	until a final order is issued under s. 380.05(6).
1840	f.  If the proposed amendment involves a residential land
1841	use, the residential land use has a density of 10 units or less
1842	per acre, except that this limitation does not apply to small
1843	scale amendments involving the construction of affordable
1844	housing units meeting the criteria of s. 420.0004(3) on property
1845	which will be the subject of a land use restriction agreement or
1846	extended use agreement recorded in conjunction with the issuance
1847	of tax exempt bond financing or an allocation of federal tax
1848	credits issued through the Florida Housing Finance Corporation
1849	or a local housing finance authority authorized by the Division
1850	of Bond Finance of the State Board of Administration, or small
1851	scale amendments described in sub-sub-subparagraph a.(I) that
1852	are designated in the local comprehensive plan for urban infill,
1853	urban redevelopment, or downtown revitalization as defined in s.
1854	163.3164, urban infill and redevelopment areas designated under
1855	s. 163.2517, transportation concurrency exception areas approved
1856	pursuant to s. 163.3180(5), or regional activity centers and
1857	urban central business districts approved pursuant to s.
1858	380.06(2)(e).
1859	2.a.  A local government that proposes to consider a plan
1860	amendment pursuant to this paragraph is not required to comply
1861	with the procedures and public notice requirements of s.
1862	163.3184(15)(c) for such plan amendments if the local government
1863	complies with the provisions in s. 125.66(4)(a) for a county or
1864	in s. 166.041(3)(c) for a municipality. If a request for a plan
1865	amendment under this paragraph is initiated by other than the
1866	local government, public notice is required.
1867	b.  The local government shall send copies of the notice
1868	and amendment to the state land planning agency, the regional
1869	planning council, and any other person or entity requesting a
1870	copy. This information shall also include a statement
1871	identifying any property subject to the amendment that is
1872	located within a coastal high hazard area as identified in the
1873	local comprehensive plan.
1874	3.  Small scale development amendments adopted pursuant to
1875	this paragraph require only one public hearing before the
1876	governing board, which shall be an adoption hearing as described
1877	in s. 163.3184(7), and are not subject to the requirements of s.
1878	163.3184(3)-(6) unless the local government elects to have them
1879	subject to those requirements.
1880	(l)  A comprehensive plan amendment to adopt a public
1881	educational facilities element pursuant to s. 163.3177 163.31776
1882	and future land-use-map amendments for school siting may be
1883	approved notwithstanding statutory limits on the frequency of
1884	adopting plan amendments.
1885	(o)1.  For municipalities that are more than 90 percent
1886	built-out, any municipality's comprehensive plan amendments may
1887	be approved without regard to statutory limits on the frequency
1888	of consideration of amendments to the local comprehensive plan
1889	only if the proposed amendment involves a use of 100 acres or
1890	fewer and:
1891	a.  The cumulative annual effect of the acreage for all
1892	amendments adopted pursuant to this paragraph does not exceed
1893	500 acres.
1894	b.  The proposed amendment does not involve the same
1895	property granted a change within the prior 12 months.
1896	c.  The proposed amendment does not involve the same
1897	owner's property within 200 feet of property granted a change
1898	within the prior 12 months.
1899	d.  The proposed amendment does not involve a text change
1900	to the goals, policies, and objectives of the local government's
1901	comprehensive plan but only proposes a land use change to the
1902	future land use map for a site-specific small scale development
1903	activity.
1904	e.  The property that is the subject of the proposed
1905	amendment is not located within an area of critical state
1906	concern.
1907	2.  For purposes of this paragraph, the term "built-out"
1908	means 90 percent of the property within the municipality's
1909	boundaries, excluding lands that are designated as conservation,
1910	preservation, recreation, or public facilities categories, have
1911	been developed, or are the subject of an approved development
1912	order that has received a building permit, and the municipality
1913	has an average density of 5 units per acre for residential
1914	development.
1915	3.a.  A local government that proposes to consider a plan
1916	amendment pursuant to this paragraph is not required to comply
1917	with the procedures and public notice requirements of s.
1918	163.3184(15)(c) for such plan amendments if the local government
1919	complies with the provisions of s. 166.041(3)(c). If a request
1920	for a plan amendment under this paragraph is initiated by other
1921	than the local government, public notice is required.
1922	b.  The local government shall send copies of the notice
1923	and amendment to the state land planning agency, the regional
1924	planning council, and any other person or entity requesting a
1925	copy. This information shall also include a statement
1926	identifying any property subject to the amendment that is
1927	located within a coastal high hazard area as identified in the
1928	local comprehensive plan.
1929	4.  Amendments adopted pursuant to this paragraph require
1930	only one public hearing before the governing board, which shall
1931	be an adoption hearing as described in s. 163.3184(7), and are
1932	not subject to the requirements of s. 163.3184(3)-(6) unless the
1933	local government elects to have them subject to those
1934	requirements.
1935	5.  This paragraph shall not apply if a municipality
1936	annexes unincorporated property that decreases the percentage of
1937	build-out to an amount below 90 percent.
1938	5.  A municipality shall notify the state land planning
1939	agency in writing of its built-out percentage prior to the
1940	submission of any comprehensive plan amendments under this
1941	subsection.
1942	Section 9.  Paragraphs (k) and (l) of subsection (2) and
1943	subsection (10) of section 163.3191, Florida Statutes, are
1944	amended, and paragraph (o) is added to subsection (2) of said
1945	section, to read:
1946	163.3191  Evaluation and appraisal of comprehensive plan.--
1947	(2)  The report shall present an evaluation and assessment
1948	of the comprehensive plan and shall contain appropriate
1949	statements to update the comprehensive plan, including, but not
1950	limited to, words, maps, illustrations, or other media, related
1951	to:
1952	(k)  The coordination of the comprehensive plan with
1953	existing public schools and those identified in the applicable
1954	educational facilities plan adopted pursuant to s. 1013.35. The
1955	assessment shall address, where relevant, the success or failure
1956	of the coordination of the future land use map and associated
1957	planned residential development with public schools and their
1958	capacities, as well as the joint decisionmaking processes
1959	engaged in by the local government and the school board in
1960	regard to establishing appropriate population projections and
1961	the planning and siting of public school facilities. For
1962	counties or municipalities that do not have a public schools
1963	interlocal agreement or public school facility element, the
1964	assessment shall determine whether the local government
1965	continues to meet the criteria of s. 163.3177(12). If the county
1966	or municipality determines that it no longer meets the criteria,
1967	the county or municipality must adopt appropriate school
1968	concurrency goals, objectives, and policies in its plan
1969	amendments pursuant to the requirements of the public school
1970	facility element and enter into the existing interlocal
1971	agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
1972	order to fully participate in the school concurrency system If
1973	the issues are not relevant, the local government shall
1974	demonstrate that they are not relevant.
1975	(l)  The extent to which the local government has been
1976	successful in identifying alternative water supply projects and
1977	traditional water supply projects including conservation and
1978	reuse, necessary to meet existing and projected water use demand
1979	for the comprehensive plan's water supply work plan and the
1980	water needs identified in s. 373.0361(2) within the local
1981	government's jurisdiction. The report must evaluate the degree
1982	to which the local government has implemented the work plan for
1983	water supply facilities included in the potable water element.
1984	The evaluation must consider the appropriate water management
1985	district's regional water supply plan approved pursuant to s.
1986	373.0361. The potable water element must be revised to include a
1987	work plan, covering at least a 10-year planning period, for
1988	building any water supply facilities that are identified in the
1989	element as necessary to serve existing and new development and
1990	for which the local government is responsible.
1991	(o)  The extent to which a concurrency exception area
1992	designated pursuant to s. 163.3180(5), a concurrency management
1993	area designated pursuant to s. 163.3180(7), or a multimodal
1994	district designated pursuant to s. 163.3180(15) has achieved the
1995	purposes for which it was created and otherwise complies with
1996	the provisions of s. 163.3180.
1997	(10)  The governing body shall amend its comprehensive plan
1998	based on the recommendations in the report and shall update the
1999	comprehensive plan based on the components of subsection (2),
2000	pursuant to the provisions of ss. 163.3184, 163.3187, and
2001	163.3189. Amendments to update a comprehensive plan based on the
2002	evaluation and appraisal report shall be adopted within 18
2003	months after the report is determined to be sufficient by the
2004	state land planning agency, except the state land planning
2005	agency may grant an extension for adoption of a portion of such
2006	amendments. The state land planning agency may grant a 6-month
2007	extension for the adoption of such amendments if the request is
2008	justified by good and sufficient cause as determined by the
2009	agency. An additional extension may also be granted if the
2010	request will result in greater coordination between
2011	transportation and land use, for the purposes of improving
2012	Florida's transportation system, as determined by the agency in
2013	coordination with the Metropolitan Planning Organization
2014	program. Beginning July 1, 2006, failure to timely adopt
2015	updating amendments to the comprehensive plan based on the
2016	evaluation and appraisal report shall result in a local
2017	government being prohibited from adopting amendments to the
2018	comprehensive plan until the evaluation and appraisal report
2019	updating amendments have been transmitted to the state land
2020	planning agency. The prohibition on plan amendments shall
2021	commence when the updating amendments to the comprehensive plan
2022	are past due. The comprehensive plan as amended shall be in
2023	compliance as defined in s. 163.3184(1)(b). Within 6 months
2024	after the effective date of the updating amendments to the
2025	comprehensive plan, the local government shall provide to the
2026	state land planning agency and to all agencies designated by
2027	rule a complete copy of the updated comprehensive plan.
2028	Section 10.  Section 163.3247, Florida Statutes, is created
2029	to read:
2030	163.3247  Century Commission for a Sustainable Florida.--
2031	(1)  POPULAR NAME.--This section may be cited as the
2032	"Century Commission for a Sustainable Florida Act."
2033	(2)  FINDINGS AND INTENT.--The Legislature finds and
2034	declares that the population of this state is expected to more
2035	than double over the next 100 years, with commensurate impacts
2036	to the state's natural resources and public infrastructure.
2037	Consequently, it is in the best interests of the people of the
2038	state to ensure sound planning for the proper placement of this
2039	growth and protection of the state's land, water, and other
2040	natural resources since such resources are essential to our
2041	collective quality of life and a strong economy. The state's
2042	growth management system should foster economic stability
2043	through regional solutions and strategies, urban renewal and
2044	infill, and the continued viability of agricultural economies,
2045	while allowing for rural economic development and protecting the
2046	unique characteristics of rural areas, and should reduce the
2047	complexity of the regulatory process while carrying out the
2048	intent of the laws and encouraging greater citizen
2049	participation.
2050	(3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
2051	CREATION; ORGANIZATION.--The Century Commission for a
2052	Sustainable Florida is created as a standing body to help the
2053	citizens of this state envision and plan their collective future
2054	with an eye towards both 20-year and 50-year horizons.
2055	(a)  The commission shall consist of nine members, three
2056	appointed by the Governor, three appointed by the President of
2057	the Senate, and three appointed by the Speaker of the House of
2058	Representatives. Appointments shall be made no later than
2059	October 1, 2005. The membership must represent local
2060	governments, school boards, developers and homebuilders, the
2061	business community, the agriculture community, the environmental
2062	community, and other appropriate stakeholders. One member shall
2063	be designated by the Governor as chair of the commission. Any
2064	vacancy that occurs on the commission must be filled in the same
2065	manner as the original appointment and shall be for the
2066	unexpired term of that commission seat. Members shall serve 4-
2067	year terms, except that, initially, to provide for staggered
2068	terms, three of the appointees, one each by the Governor, the
2069	President of the Senate, and the Speaker of the House of
2070	Representatives, shall serve 2-year terms, three shall serve 3-
2071	year terms, and three shall serve 4-year terms. All subsequent
2072	appointments shall be for 4-year terms. An appointee may not
2073	serve more than 6 years.
2074	(b)  The first meeting of the commission shall be held no
2075	later than December 1, 2005, and shall meet at the call of the
2076	chair but not less frequently than three times per year in
2077	different regions of the state to solicit input from the public
2078	or any other individuals offering testimony relevant to the
2079	issues to be considered.
2080	(c)  Each member of the commission is entitled to one vote
2081	and actions of the commission are not binding unless taken by a
2082	three-fifths vote of the members present. A majority of the
2083	members is required to constitute a quorum, and the affirmative
2084	vote of a quorum is required for a binding vote.
2085	(d)  Members of the commission shall serve without
2086	compensation but shall be entitled to receive per diem and
2087	travel expenses in accordance with s. 112.061 while in
2088	performance of their duties.
2089	(4)  POWERS AND DUTIES.--The commission shall:
2090	(a)  Annually conduct a process through which the
2091	commission envisions the future for the state and then develops
2092	and recommends policies, plans, action steps, or strategies to
2093	assist in achieving the vision.
2094	(b)  Continuously review and consider statutory and
2095	regulatory provisions, governmental processes, and societal and
2096	economic trends in its inquiry of how state, regional, and local
2097	governments and entities and citizens of this state can best
2098	accommodate projected increased populations while maintaining
2099	the natural, historical, cultural, and manmade life qualities
2100	that best represent the state.
2101	(c)  Bring together people representing varied interests to
2102	develop a shared image of the state and its developed and
2103	natural areas. The process should involve exploring the impact
2104	of the estimated population increase and other emerging trends
2105	and issues; creating a vision for the future; and developing a
2106	strategic action plan to achieve that vision using 20-year and
2107	50-year intermediate planning timeframes.
2108	(d)  Focus on essential state interests, defined as those
2109	interests that transcend local or regional boundaries and are
2110	most appropriately conserved, protected, and promoted at the
2111	state level.
2112	(e)  Serve as an objective, nonpartisan repository of
2113	exemplary community-building ideas and as a source to recommend
2114	strategies and practices to assist others in working
2115	collaboratively to problem solve on issues relating to growth
2116	management.
2117	(f)  Annually, beginning January 16, 2007, and every year
2118	thereafter on the same date, provide to the Governor, the
2119	President of the Senate, and the Speaker of the House of
2120	Representatives a written report containing specific
2121	recommendations for addressing growth management in the state,
2122	including executive and legislative recommendations. Further,
2123	the report shall contain discussions regarding the need for
2124	intergovernmental cooperation and the balancing of environmental
2125	protection and future development and recommendations on issues,
2126	including, but not limited to, recommendations regarding
2127	dedicated sources of funding for sewer facilities, water supply
2128	and quality, transportation facilities that are not adequately
2129	addressed by the Strategic Intermodal System, and educational
2130	infrastructure to support existing development and projected
2131	population growth. This report shall be verbally presented to a
2132	joint session of both houses annually as scheduled by the
2133	President of the Senate and the Speaker of the House of
2134	Representatives.
2135	(g)  Beginning with the 2007 Regular Session of the
2136	Legislature, the President of the Senate and Speaker of the
2137	House of Representatives shall create a joint select committee,
2138	the task of which shall be to review the findings and
2139	recommendations of the Century Commission for a Sustainable
2140	Florida for potential action.
2141	(5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
2142	(a)  The Secretary of Community Affairs shall select an
2143	executive director of the commission, and the executive director
2144	shall serve at the pleasure of the secretary under the
2145	supervision and control of the commission.
2146	(b)  The Department of Community Affairs shall provide
2147	staff and other resources necessary to accomplish the goals of
2148	the commission based upon recommendations of the Governor.
2149	(c)  All agencies under the control of the Governor are
2150	directed, and all other agencies are requested, to render
2151	assistance to, and cooperate with, the commission.
2152	Section 11.  Paragraph (d) of subsection (1) of section
2153	201.15, Florida Statutes, is amended to read:
2154	201.15  Distribution of taxes collected.--All taxes
2155	collected under this chapter shall be distributed as follows and
2156	shall be subject to the service charge imposed in s. 215.20(1),
2157	except that such service charge shall not be levied against any
2158	portion of taxes pledged to debt service on bonds to the extent
2159	that the amount of the service charge is required to pay any
2160	amounts relating to the bonds:
2161	(1)  Sixty-two and sixty-three hundredths percent of the
2162	remaining taxes collected under this chapter shall be used for
2163	the following purposes:
2164	(d)  The remainder of the moneys distributed under this
2165	subsection, after the required payments under paragraphs (a),
2166	(b), and (c), shall be paid into the State Treasury to the
2167	credit of the State Transportation Trust Fund in the Department
2168	of Transportation in the amount of $566.75 million each fiscal
2169	year to be paid in quarterly installments and allocated for the
2170	following specified purposes notwithstanding any other provision
2171	of law:
2172	1.  New Starts Transit Program pursuant to 49 U.S.C. s.
2173	5309 and implemented by s. 341.051, $50 million for fiscal year
2174	2005-2006, $65 million for fiscal year 2006-2007, $70 million
2175	each fiscal year for fiscal years 2007-2008 through 2009-2010,
2176	$80 million for fiscal year 2010-2011 and each fiscal year
2177	thereafter.
2178	2.  Small County Outreach Program pursuant to s. 339.2818,
2179	$35 million for each fiscal year for fiscal years 2005-2006
2180	through 2009-2010, $45 million for fiscal year 2010-2011 and
2181	each fiscal year thereafter.
2182	3.  Transportation Incentive Program for a Sustainable
2183	Florida pursuant to s. 339.28171, $81.75 million for fiscal year
2184	2005-2006, $65 million for fiscal year 2006-2007, $150 million
2185	each year for fiscal years 2007-2008 through 2009-2010, $125
2186	million for fiscal year 2010-2011, and each fiscal year
2187	thereafter.
2188	4.  Strategic Intermodal System pursuant to s. 339.64, all
2189	remaining funds after allocations are made for subparagraphs 1.
2190	through 3. The remainder of the moneys distributed under this
2191	subsection, after the required payments under paragraphs (a),
2192	(b), and (c), shall be paid into the State Treasury to the
2193	credit of the General Revenue Fund of the state to be used and
2194	expended for the purposes for which the General Revenue Fund was
2195	created and exists by law or to the Ecosystem Management and
2196	Restoration Trust Fund or to the Marine Resources Conservation
2197	Trust Fund as provided in subsection (11).
2198	Section 12.  Subsection (3) of section 215.211, Florida
2199	Statutes, is amended to read:
2200	215.211  Service charge; elimination or reduction for
2201	specified proceeds.--
2202	(3)  Notwithstanding the provisions of s. 215.20(1), the
2203	service charge provided in s. 215.20(1), which is deducted from
2204	the proceeds of the local option fuel tax distributed under s.
2205	336.025, shall be reduced as follows:
2206	(a)  For the period July 1, 2005, through June 30, 2006,
2207	the rate of the service charge shall be 3.5 percent.
2208	(b)  Beginning July 1, 2006, and thereafter, no service
2209	charge shall be deducted from the proceeds of the local option
2210	fuel tax distributed under s. 336.025.
2211
2212	The increased revenues derived from this subsection shall be
2213	deposited in the State Transportation Trust Fund and used to
2214	fund the Transportation Incentive Program for a Sustainable
2215	Florida County Incentive Grant Program and the Small County
2216	Outreach Program. Up to 20 percent of such funds shall be used
2217	for the purpose of implementing the Small County Outreach
2218	Program created pursuant to s. 339.2818 as provided in this act.
2219	Notwithstanding any other laws to the contrary, the requirements
2220	of ss. 339.135, 339.155, and 339.175 shall not apply to these
2221	funds and programs.
2222	Section 13.  Section 337.107, Florida Statutes, is amended
2223	to read:
2224	337.107  Contracts for right-of-way services.--The
2225	department may enter into contracts pursuant to s. 287.055 for
2226	right-of-way services on transportation corridors and
2227	transportation facilities or the department may include right-
2228	of-way services as part of design-build contracts awarded
2229	pursuant to s. 337.11. Right-of-way services include negotiation
2230	and acquisition services, appraisal services, demolition and
2231	removal of improvements, and asbestos-abatement services.
2232	Section 14.  Effective July 1, 2007, section 337.107,
2233	Florida Statutes, as amended by this act, is amended to read:
2234	337.107  Contracts for right-of-way services.--The
2235	department may enter into contracts pursuant to s. 287.055 for
2236	right-of-way services on transportation corridors and
2237	transportation facilities or the department may include right-
2238	of-way services as part of design-build contracts awarded
2239	pursuant to s. 337.11. Right-of-way services include negotiation
2240	and acquisition services, appraisal services, demolition and
2241	removal of improvements, and asbestos-abatement services.
2242	Section 15.  Paragraph (a) of subsection (7) of section
2243	337.11, Florida Statutes, as amended by chapter 2002-20, Laws of
2244	Florida, is amended to read:
2245	337.11  Contracting authority of department; bids;
2246	emergency repairs, supplemental agreements, and change orders;
2247	combined design and construction contracts; progress payments;
2248	records; requirements of vehicle registration.--
2249	(7)(a)  If the head of the department determines that it is
2250	in the best interests of the public, the department may combine
2251	the design and construction phases of any a building, a major
2252	bridge, a limited access facility, or a rail corridor project
2253	into a single contract, except for a resurfacing or minor bridge
2254	project the right-of-way services and design construction phases
2255	of which may be combined under s. 337.025. Such contract is
2256	referred to as a design-build contract. Design-build contracts
2257	may be advertised and awarded notwithstanding the requirements
2258	of paragraph (3)(c). However, construction activities may not
2259	begin on any portion of such projects for which the department
2260	has not yet obtained title until title to the necessary rights-
2261	of-way and easements for the construction of that portion of the
2262	project has vested in the state or a local governmental entity
2263	and all railroad crossing and utility agreements have been
2264	executed. Title to rights-of-way shall be deemed to have vested
2265	vests in the state when the title has been dedicated to the
2266	public or acquired by prescription.
2267	Section 16.  Effective July 1, 2007, paragraph (a) of
2268	subsection (7) of section 337.11, Florida Statutes, as amended
2269	by chapter 2002-20, Laws of Florida, as amended by this act, is
2270	amended to read:
2271	337.11  Contracting authority of department; bids;
2272	emergency repairs, supplemental agreements, and change orders;
2273	combined design and construction contracts; progress payments;
2274	records; requirements of vehicle registration.--
2275	(7)(a)  If the head of the department determines that it is
2276	in the best interests of the public, the department may combine
2277	the design and construction phases of a building, a major
2278	bridge, a limited access facility, or a rail corridor any
2279	project into a single contract, except for a resurfacing or
2280	minor bridge project the right-of-way services and design
2281	construction phases of which may be combined under s. 337.025.
2282	Such contract is referred to as a design-build contract. Design-
2283	build contracts may be advertised and awarded notwithstanding
2284	the requirements of paragraph (3)(c). However, construction
2285	activities may not begin on any portion of such projects for
2286	which the department has not yet obtained title until title to
2287	the necessary rights-of-way and easements for the construction
2288	of that portion of the project has vested in the state or a
2289	local governmental entity and all railroad crossing and utility
2290	agreements have been executed. Title to rights-of-way vests
2291	shall be deemed to have vested in the state when the title has
2292	been dedicated to the public or acquired by prescription.
2293	Section 17.  Paragraph (j) of subsection (1) of section
2294	339.08, Florida Statutes, is amended, and paragraph (m) of said
2295	subsection is redesignated as paragraph (n) and new paragraph
2296	(m) is added to said subsection, to read:
2297	339.08  Use of moneys in State Transportation Trust Fund.--
2298	(1)  The department shall expend moneys in the State
2299	Transportation Trust Fund accruing to the department, in
2300	accordance with its annual budget. The use of such moneys shall
2301	be restricted to the following purposes:
2302	(j)  To pay the cost of county or municipal road projects
2303	selected in accordance with the County Incentive Grant Program
2304	created in s. 339.2817 and the Small County Outreach Program
2305	created in s. 339.2818.
2306	(m)  To pay the cost of transportation projects selected in
2307	accordance with the Transportation Incentive Program for a
2308	Sustainable Florida created in s. 339.28171.
2309	Section 18.  Paragraph (b) of subsection (4) of section
2310	339.135, Florida Statutes, is amended to read:
2311	339.135  Work program; legislative budget request;
2312	definitions; preparation, adoption, execution, and amendment.--
2313	(4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
2314	(b)1.  A tentative work program, including the ensuing
2315	fiscal year and the successive 4 fiscal years, shall be prepared
2316	for the State Transportation Trust Fund and other funds managed
2317	by the department, unless otherwise provided by law. The
2318	tentative work program shall be based on the district work
2319	programs and shall set forth all projects by phase to be
2320	undertaken during the ensuing fiscal year and planned for the
2321	successive 4 fiscal years. The total amount of the liabilities
2322	accruing in each fiscal year of the tentative work program may
2323	not exceed the revenues available for expenditure during the
2324	respective fiscal year based on the cash forecast for that
2325	respective fiscal year.
2326	2.  The tentative work program shall be developed in
2327	accordance with the Florida Transportation Plan required in s.
2328	339.155 and must comply with the program funding levels
2329	contained in the program and resource plan.
2330	3.  The department may include in the tentative work
2331	program proposed changes to the programs contained in the
2332	previous work program adopted pursuant to subsection (5);
2333	however, the department shall minimize changes and adjustments
2334	that affect the scheduling of project phases in the 4 common
2335	fiscal years contained in the previous adopted work program and
2336	the tentative work program. The department, in the development
2337	of the tentative work program, shall advance by 1 fiscal year
2338	all projects included in the second year of the previous year's
2339	adopted work program, unless the secretary specifically
2340	determines that it is necessary, for specific reasons, to
2341	reschedule or delete one or more projects from that year. Such
2342	changes and adjustments shall be clearly identified, and the
2343	effect on the 4 common fiscal years contained in the previous
2344	adopted work program and the tentative work program shall be
2345	shown. It is the intent of the Legislature that the first 5
2346	years of the adopted work program for facilities designated as
2347	part of the Florida Intrastate Highway System and the first 3
2348	years of the adopted work program stand as the commitment of the
2349	state to undertake transportation projects that local
2350	governments may rely on for planning and concurrency purposes
2351	and in the development and amendment of the capital improvements
2352	elements of their local government comprehensive plans.
2353	4.  The tentative work program must include a balanced 36-
2354	month forecast of cash and expenditures and a 5-year finance
2355	plan supporting the tentative work program.
2356	Section 19.  Paragraphs (c), (d), and (e) are added to
2357	subsection (5) of section 339.155, Florida Statutes, to read:
2358	339.155  Transportation planning.--
2359	(5)  ADDITIONAL TRANSPORTATION PLANS.--
2360	(c)  Regional transportation plans may be developed in
2361	regional transportation areas in accordance with an interlocal
2362	agreement entered into pursuant to s. 163.01 by the department
2363	and two or more contiguous metropolitan planning organizations,
2364	one or more metropolitan planning organizations and one or more
2365	contiguous counties that are not members of a metropolitan
2366	planning organization, a multicounty regional transportation
2367	authority created by or pursuant to law, two or more contiguous
2368	counties that are not members of a metropolitan planning
2369	organization, or metropolitan planning organizations comprised
2370	of three or more counties.
2371	(d)  The department shall develop a model draft interlocal
2372	agreement that, at a minimum, shall identify the entity that
2373	will coordinate the development of the regional transportation
2374	plan; delineate the boundaries of the regional transportation
2375	area; provide the duration of the agreement and specify how the
2376	agreement may be terminated, modified, or rescinded; describe
2377	the process by which the regional transportation plan will be
2378	developed; and provide how members of the entity will resolve
2379	disagreements regarding interpretation of the interlocal
2380	agreement or disputes relating to the development or content of
2381	the regional transportation plan. The designated entity shall
2382	coordinate the adoption of the interlocal agreement using as its
2383	framework the department model. Such interlocal agreement shall
2384	become effective upon approval by supermajority vote of the
2385	affected local governments.
2386	(e)  The regional transportation plan developed pursuant to
2387	this section shall, at a minimum, identify regionally
2388	significant transportation facilities located within a regional
2389	transportation area, and recommend a list to the department for
2390	prioritization. The project shall be adopted into the capital
2391	improvements schedule of the local government comprehensive plan
2392	pursuant to s. 163. 3177(3).
2393	Section 20.  Section 339.175, Florida Statutes, is amended
2394	to read:
2395	339.175  Metropolitan planning organization.--It is the
2396	intent of the Legislature to encourage and promote the safe and
2397	efficient management, operation, and development of surface
2398	transportation systems that will serve the mobility needs of
2399	people and freight within and through urbanized areas of this
2400	state while minimizing transportation-related fuel consumption
2401	and air pollution. To accomplish these objectives, metropolitan
2402	planning organizations, referred to in this section as M.P.O.'s,
2403	shall develop, in cooperation with the state and public transit
2404	operators, transportation plans and programs for metropolitan
2405	areas. The plans and programs for each metropolitan area must
2406	provide for the development and integrated management and
2407	operation of transportation systems and facilities, including
2408	pedestrian walkways and bicycle transportation facilities that
2409	will function as an intermodal transportation system for the
2410	metropolitan area, based upon the prevailing principles provided
2411	in s. 334.046(1). The process for developing such plans and
2412	programs shall provide for consideration of all modes of
2413	transportation and shall be continuing, cooperative, and
2414	comprehensive, to the degree appropriate, based on the
2415	complexity of the transportation problems to be addressed. To
2416	ensure that the process is integrated with the statewide
2417	planning process, M.P.O.'s shall develop plans and programs that
2418	identify transportation facilities that should function as an
2419	integrated metropolitan transportation system, giving emphasis
2420	to facilities that serve important national, state, and regional
2421	transportation functions. For the purposes of this section,
2422	those facilities include the facilities on the Strategic
2423	Intermodal System designated under s. 339.63 and facilities for
2424	which projects have been identified pursuant to s. 339.28171.
2425	(1)  DESIGNATION.--
2426	(a)1.  An M.P.O. shall be designated for each urbanized
2427	area of the state; however, this does not require that an
2428	individual M.P.O. be designated for each such area. Such
2429	designation shall be accomplished by agreement between the
2430	Governor and units of general-purpose local government
2431	representing at least 75 percent of the population of the
2432	urbanized area; however, the unit of general-purpose local
2433	government that represents the central city or cities within the
2434	M.P.O. jurisdiction, as defined by the United States Bureau of
2435	the Census, must be a party to such agreement.
2436	2.  More than one M.P.O. may be designated within an
2437	existing metropolitan planning area only if the Governor and the
2438	existing M.P.O. determine that the size and complexity of the
2439	existing metropolitan planning area makes the designation of
2440	more than one M.P.O. for the area appropriate.
2441	(b)  Each M.P.O. shall be created and operated under the
2442	provisions of this section pursuant to an interlocal agreement
2443	entered into pursuant to s. 163.01. The signatories to the
2444	interlocal agreement shall be the department and the
2445	governmental entities designated by the Governor for membership
2446	on the M.P.O. If there is a conflict between this section and s.
2447	163.01, this section prevails.
2448	(c)  The jurisdictional boundaries of an M.P.O. shall be
2449	determined by agreement between the Governor and the applicable
2450	M.P.O. The boundaries must include at least the metropolitan
2451	planning area, which is the existing urbanized area and the
2452	contiguous area expected to become urbanized within a 20-year
2453	forecast period, and may encompass the entire metropolitan
2454	statistical area or the consolidated metropolitan statistical
2455	area.
2456	(d)  In the case of an urbanized area designated as a
2457	nonattainment area for ozone or carbon monoxide under the Clean
2458	Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
2459	metropolitan planning area in existence as of the date of
2460	enactment of this paragraph shall be retained, except that the
2461	boundaries may be adjusted by agreement of the Governor and
2462	affected metropolitan planning organizations in the manner
2463	described in this section. If more than one M.P.O. has authority
2464	within a metropolitan area or an area that is designated as a
2465	nonattainment area, each M.P.O. shall consult with other
2466	M.P.O.'s designated for such area and with the state in the
2467	coordination of plans and programs required by this section.
2468
2469	Each M.P.O. required under this section must be fully operative
2470	no later than 6 months following its designation.
2471	(2)  VOTING MEMBERSHIP.--
2472	(a)  The voting membership of an M.P.O. shall consist of
2473	not fewer than 5 or more than 19 apportioned members, the exact
2474	number to be determined on an equitable geographic-population
2475	ratio basis by the Governor, based on an agreement among the
2476	affected units of general-purpose local government as required
2477	by federal rules and regulations. The Governor, in accordance
2478	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
2479	represent municipalities to alternate with representatives from
2480	other municipalities within the metropolitan planning area that
2481	do not have members on the M.P.O. County commission members
2482	shall compose not less than one-third of the M.P.O. membership,
2483	except for an M.P.O. with more than 15 members located in a
2484	county with a five-member county commission or an M.P.O. with 19
2485	members located in a county with no more than 6 county
2486	commissioners, in which case county commission members may
2487	compose less than one-third percent of the M.P.O. membership,
2488	but all county commissioners must be members. All voting members
2489	shall be elected officials of general-purpose governments,
2490	except that an M.P.O. may include, as part of its apportioned
2491	voting members, a member of a statutorily authorized planning
2492	board, an official of an agency that operates or administers a
2493	major mode of transportation, or an official of the Florida
2494	Space Authority. The county commission shall compose not less
2495	than 20 percent of the M.P.O. membership if an official of an
2496	agency that operates or administers a major mode of
2497	transportation has been appointed to an M.P.O.
2498	(b)  In metropolitan areas in which authorities or other
2499	agencies have been or may be created by law to perform
2500	transportation functions and are performing transportation
2501	functions that are not under the jurisdiction of a general
2502	purpose local government represented on the M.P.O., they shall
2503	be provided voting membership on the M.P.O. In all other
2504	M.P.O.'s where transportation authorities or agencies are to be
2505	represented by elected officials from general purpose local
2506	governments, the M.P.O. shall establish a process by which the
2507	collective interests of such authorities or other agencies are
2508	expressed and conveyed.
2509	(c)  Any other provision of this section to the contrary
2510	notwithstanding, a chartered county with over 1 million
2511	population may elect to reapportion the membership of an M.P.O.
2512	whose jurisdiction is wholly within the county. The charter
2513	county may exercise the provisions of this paragraph if:
2514	1.  The M.P.O. approves the reapportionment plan by a
2515	three-fourths vote of its membership;
2516	2.  The M.P.O. and the charter county determine that the
2517	reapportionment plan is needed to fulfill specific goals and
2518	policies applicable to that metropolitan planning area; and
2519	3.  The charter county determines the reapportionment plan
2520	otherwise complies with all federal requirements pertaining to
2521	M.P.O. membership.
2522
2523	Any charter county that elects to exercise the provisions of
2524	this paragraph shall notify the Governor in writing.
2525	(d)  Any other provision of this section to the contrary
2526	notwithstanding, any county chartered under s. 6(e), Art. VIII
2527	of the State Constitution may elect to have its county
2528	commission serve as the M.P.O., if the M.P.O. jurisdiction is
2529	wholly contained within the county. Any charter county that
2530	elects to exercise the provisions of this paragraph shall so
2531	notify the Governor in writing. Upon receipt of such
2532	notification, the Governor must designate the county commission
2533	as the M.P.O. The Governor must appoint four additional voting
2534	members to the M.P.O., one of whom must be an elected official
2535	representing a municipality within the county, one of whom must
2536	be an expressway authority member, one of whom must be a person
2537	who does not hold elected public office and who resides in the
2538	unincorporated portion of the county, and one of whom must be a
2539	school board member.
2540	(3)  APPORTIONMENT.--
2541	(a)  The Governor shall, with the agreement of the affected
2542	units of general-purpose local government as required by federal
2543	rules and regulations, apportion the membership on the
2544	applicable M.P.O. among the various governmental entities within
2545	the area and shall prescribe a method for appointing alternate
2546	members who may vote at any M.P.O. meeting that an alternate
2547	member attends in place of a regular member. An appointed
2548	alternate member must be an elected official serving the same
2549	governmental entity or a general-purpose local government with
2550	jurisdiction within all or part of the area that the regular
2551	member serves. The governmental entity so designated shall
2552	appoint the appropriate number of members to the M.P.O. from
2553	eligible officials. Representatives of the department shall
2554	serve as nonvoting members of the M.P.O. Nonvoting advisers may
2555	be appointed by the M.P.O. as deemed necessary. The Governor
2556	shall review the composition of the M.P.O. membership in
2557	conjunction with the decennial census as prepared by the United
2558	States Department of Commerce, Bureau of the Census, and
2559	reapportion it as necessary to comply with subsection (2).
2560	(b)  Except for members who represent municipalities on the
2561	basis of alternating with representatives from other
2562	municipalities that do not have members on the M.P.O. as
2563	provided in paragraph (2)(a), the members of an M.P.O. shall
2564	serve 4-year terms. Members who represent municipalities on the
2565	basis of alternating with representatives from other
2566	municipalities that do not have members on the M.P.O. as
2567	provided in paragraph (2)(a) may serve terms of up to 4 years as
2568	further provided in the interlocal agreement described in
2569	paragraph (1)(b). The membership of a member who is a public
2570	official automatically terminates upon the member's leaving his
2571	or her elective or appointive office for any reason, or may be
2572	terminated by a majority vote of the total membership of a
2573	county or city governing entity represented by the member. A
2574	vacancy shall be filled by the original appointing entity. A
2575	member may be reappointed for one or more additional 4-year
2576	terms.
2577	(c)  If a governmental entity fails to fill an assigned
2578	appointment to an M.P.O. within 60 days after notification by
2579	the Governor of its duty to appoint, that appointment shall be
2580	made by the Governor from the eligible representatives of that
2581	governmental entity.
2582	(4)  AUTHORITY AND RESPONSIBILITY.--The authority and
2583	responsibility of an M.P.O. is to manage a continuing,
2584	cooperative, and comprehensive transportation planning process
2585	that, based upon the prevailing principles provided in s.
2586	334.046(1), results in the development of plans and programs
2587	which are consistent, to the maximum extent feasible, with the
2588	approved local government comprehensive plans of the units of
2589	local government the boundaries of which are within the
2590	metropolitan area of the M.P.O. An M.P.O. shall be the forum for
2591	cooperative decisionmaking by officials of the affected
2592	governmental entities in the development of the plans and
2593	programs required by subsections (5), (6), (7), and (8).
2594	(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
2595	privileges, and authority of an M.P.O. are those specified in
2596	this section or incorporated in an interlocal agreement
2597	authorized under s. 163.01. Each M.P.O. shall perform all acts
2598	required by federal or state laws or rules, now and subsequently
2599	applicable, which are necessary to qualify for federal aid. It
2600	is the intent of this section that each M.P.O. shall be involved
2601	in the planning and programming of transportation facilities,
2602	including, but not limited to, airports, intercity and high-
2603	speed rail lines, seaports, and intermodal facilities, to the
2604	extent permitted by state or federal law.
2605	(a)  Each M.P.O. shall, in cooperation with the department,
2606	develop:
2607	1.  A long-range transportation plan pursuant to the
2608	requirements of subsection (6);
2609	2.  An annually updated transportation improvement program
2610	pursuant to the requirements of subsection (7); and
2611	3.  An annual unified planning work program pursuant to the
2612	requirements of subsection (8).
2613	(b)  In developing the long-range transportation plan and
2614	the transportation improvement program required under paragraph
2615	(a), each M.P.O. shall provide for consideration of projects and
2616	strategies that will:
2617	1.  Support the economic vitality of the metropolitan area,
2618	especially by enabling global competitiveness, productivity, and
2619	efficiency;
2620	2.  Increase the safety and security of the transportation
2621	system for motorized and nonmotorized users;
2622	3.  Increase the accessibility and mobility options
2623	available to people and for freight;
2624	4.  Protect and enhance the environment, promote energy
2625	conservation, and improve quality of life;
2626	5.  Enhance the integration and connectivity of the
2627	transportation system, across and between modes, for people and
2628	freight;
2629	6.  Promote efficient system management and operation; and
2630	7.  Emphasize the preservation of the existing
2631	transportation system.
2632	(c)  In order to provide recommendations to the department
2633	and local governmental entities regarding transportation plans
2634	and programs, each M.P.O. shall:
2635	1.  Prepare a congestion management system for the
2636	metropolitan area and cooperate with the department in the
2637	development of all other transportation management systems
2638	required by state or federal law;
2639	2.  Assist the department in mapping transportation
2640	planning boundaries required by state or federal law;
2641	3.  Assist the department in performing its duties relating
2642	to access management, functional classification of roads, and
2643	data collection;
2644	4.  Execute all agreements or certifications necessary to
2645	comply with applicable state or federal law;
2646	5.  Represent all the jurisdictional areas within the
2647	metropolitan area in the formulation of transportation plans and
2648	programs required by this section; and
2649	6.  Perform all other duties required by state or federal
2650	law.
2651	(d)  Each M.P.O. shall appoint a technical advisory
2652	committee that includes planners; engineers; representatives of
2653	local aviation authorities, port authorities, and public transit
2654	authorities or representatives of aviation departments, seaport
2655	departments, and public transit departments of municipal or
2656	county governments, as applicable; the school superintendent of
2657	each county within the jurisdiction of the M.P.O. or the
2658	superintendent's designee; and other appropriate representatives
2659	of affected local governments. In addition to any other duties
2660	assigned to it by the M.P.O. or by state or federal law, the
2661	technical advisory committee is responsible for considering safe
2662	access to schools in its review of transportation project
2663	priorities, long-range transportation plans, and transportation
2664	improvement programs, and shall advise the M.P.O. on such
2665	matters. In addition, the technical advisory committee shall
2666	coordinate its actions with local school boards and other local
2667	programs and organizations within the metropolitan area which
2668	participate in school safety activities, such as locally
2669	established community traffic safety teams. Local school boards
2670	must provide the appropriate M.P.O. with information concerning
2671	future school sites and in the coordination of transportation
2672	service.
2673	(e)1.  Each M.P.O. shall appoint a citizens' advisory
2674	committee, the members of which serve at the pleasure of the
2675	M.P.O. The membership on the citizens' advisory committee must
2676	reflect a broad cross section of local residents with an
2677	interest in the development of an efficient, safe, and cost-
2678	effective transportation system. Minorities, the elderly, and
2679	the handicapped must be adequately represented.
2680	2.  Notwithstanding the provisions of subparagraph 1., an
2681	M.P.O. may, with the approval of the department and the
2682	applicable federal governmental agency, adopt an alternative
2683	program or mechanism to ensure citizen involvement in the
2684	transportation planning process.
2685	(f)  The department shall allocate to each M.P.O., for the
2686	purpose of accomplishing its transportation planning and
2687	programming duties, an appropriate amount of federal
2688	transportation planning funds.
2689	(g)  Each M.P.O. may employ personnel or may enter into
2690	contracts with local or state agencies, private planning firms,
2691	or private engineering firms to accomplish its transportation
2692	planning and programming duties required by state or federal
2693	law.
2694	(h)  A chair's coordinating committee is created, composed
2695	of the M.P.O.'s serving Hernando, Hillsborough, Manatee, Pasco,
2696	Pinellas, Polk, and Sarasota Counties. The committee must, at a
2697	minimum:
2698	1.  Coordinate transportation projects deemed to be
2699	regionally significant by the committee.
2700	2.  Review the impact of regionally significant land use
2701	decisions on the region.
2702	3.  Review all proposed regionally significant
2703	transportation projects in the respective transportation
2704	improvement programs which affect more than one of the M.P.O.'s
2705	represented on the committee.
2706	4.  Institute a conflict resolution process to address any
2707	conflict that may arise in the planning and programming of such
2708	regionally significant projects.
2709	(i)1.  The Legislature finds that the state's rapid growth
2710	in recent decades has caused many urbanized areas subject to
2711	M.P.O. jurisdiction to become contiguous to each other. As a
2712	result, various transportation projects may cross from the
2713	jurisdiction of one M.P.O. into the jurisdiction of another
2714	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
2715	have been mandated, M.P.O.'s shall develop coordination
2716	mechanisms with one another to expand and improve transportation
2717	within the state. The appropriate method of coordination between
2718	M.P.O.'s shall vary depending upon the project involved and
2719	given local and regional needs. Consequently, it is appropriate
2720	to set forth a flexible methodology that can be used by M.P.O.'s
2721	to coordinate with other M.P.O.'s and appropriate political
2722	subdivisions as circumstances demand.
2723	2.  Any M.P.O. may join with any other M.P.O. or any
2724	individual political subdivision to coordinate activities or to
2725	achieve any federal or state transportation planning or
2726	development goals or purposes consistent with federal or state
2727	law. When an M.P.O. determines that it is appropriate to join
2728	with another M.P.O. or any political subdivision to coordinate
2729	activities, the M.P.O. or political subdivision shall enter into
2730	an interlocal agreement pursuant to s. 163.01, which, at a
2731	minimum, creates a separate legal or administrative entity to
2732	coordinate the transportation planning or development activities
2733	required to achieve the goal or purpose; provide the purpose for
2734	which the entity is created; provide the duration of the
2735	agreement and the entity, and specify how the agreement may be
2736	terminated, modified, or rescinded; describe the precise
2737	organization of the entity, including who has voting rights on
2738	the governing board, whether alternative voting members are
2739	provided for, how voting members are appointed, and what the
2740	relative voting strength is for each constituent M.P.O. or
2741	political subdivision; provide the manner in which the parties
2742	to the agreement will provide for the financial support of the
2743	entity and payment of costs and expenses of the entity; provide
2744	the manner in which funds may be paid to and disbursed from the
2745	entity; and provide how members of the entity will resolve
2746	disagreements regarding interpretation of the interlocal
2747	agreement or disputes relating to the operation of the entity.
2748	Such interlocal agreement shall become effective upon its
2749	recordation in the official public records of each county in
2750	which a member of the entity created by the interlocal agreement
2751	has a voting member. This paragraph does not require any
2752	M.P.O.'s to merge, combine, or otherwise join together as a
2753	single M.P.O.
2754	(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
2755	develop a long-range transportation plan that addresses at least
2756	a 20-year planning horizon. The plan must include both
2757	long-range and short-range strategies and must comply with all
2758	other state and federal requirements. The prevailing principles
2759	to be considered in the long-range transportation plan are:
2760	preserving the existing transportation infrastructure; enhancing
2761	Florida's economic competitiveness; and improving travel choices
2762	to ensure mobility. The long-range transportation plan must be
2763	consistent, to the maximum extent feasible, with future land use
2764	elements and the goals, objectives, and policies of the approved
2765	local government comprehensive plans of the units of local
2766	government located within the jurisdiction of the M.P.O. The
2767	approved long-range transportation plan must be considered by
2768	local governments in the development of the transportation
2769	elements in local government comprehensive plans and any
2770	amendments thereto. The long-range transportation plan must, at
2771	a minimum:
2772	(a)  Identify transportation facilities, including, but not
2773	limited to, major roadways, airports, seaports, spaceports,
2774	commuter rail systems, transit systems, and intermodal or
2775	multimodal terminals that will function as an integrated
2776	metropolitan transportation system. The long-range
2777	transportation plan must give emphasis to those transportation
2778	facilities that serve national, statewide, or regional
2779	functions, and must consider the goals and objectives identified
2780	in the Florida Transportation Plan as provided in s. 339.155. If
2781	a project is located within the boundaries of more than one
2782	M.P.O., the M.P.O.'s must coordinate plans regarding the project
2783	in the long-range transportation plan.
2784	(b)  Include a financial plan that demonstrates how the
2785	plan can be implemented, indicating resources from public and
2786	private sources which are reasonably expected to be available to
2787	carry out the plan, and recommends any additional financing
2788	strategies for needed projects and programs. The financial plan
2789	may include, for illustrative purposes, additional projects that
2790	would be included in the adopted long-range transportation plan
2791	if reasonable additional resources beyond those identified in
2792	the financial plan were available. For the purpose of developing
2793	the long-range transportation plan, the M.P.O. and the
2794	department shall cooperatively develop estimates of funds that
2795	will be available to support the plan implementation. Innovative
2796	financing techniques may be used to fund needed projects and
2797	programs. Such techniques may include the assessment of tolls,
2798	the use of value capture financing, or the use of value pricing.
2799	(c)  Assess capital investment and other measures necessary
2800	to:
2801	1.  Ensure the preservation of the existing metropolitan
2802	transportation system including requirements for the operation,
2803	resurfacing, restoration, and rehabilitation of major roadways
2804	and requirements for the operation, maintenance, modernization,
2805	and rehabilitation of public transportation facilities; and
2806	2.  Make the most efficient use of existing transportation
2807	facilities to relieve vehicular congestion and maximize the
2808	mobility of people and goods.
2809	(d)  Indicate, as appropriate, proposed transportation
2810	enhancement activities, including, but not limited to,
2811	pedestrian and bicycle facilities, scenic easements,
2812	landscaping, historic preservation, mitigation of water
2813	pollution due to highway runoff, and control of outdoor
2814	advertising.
2815	(e)  In addition to the requirements of paragraphs (a)-(d),
2816	in metropolitan areas that are classified as nonattainment areas
2817	for ozone or carbon monoxide, the M.P.O. must coordinate the
2818	development of the long-range transportation plan with the State
2819	Implementation Plan developed pursuant to the requirements of
2820	the federal Clean Air Act.
2821
2822	In the development of its long-range transportation plan, each
2823	M.P.O. must provide the public, affected public agencies,
2824	representatives of transportation agency employees, freight
2825	shippers, providers of freight transportation services, private
2826	providers of transportation, representatives of users of public
2827	transit, and other interested parties with a reasonable
2828	opportunity to comment on the long-range transportation plan.
2829	The long-range transportation plan must be approved by the
2830	M.P.O.
2831	(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
2832	shall, in cooperation with the state and affected public
2833	transportation operators, develop a transportation improvement
2834	program for the area within the jurisdiction of the M.P.O. In
2835	the development of the transportation improvement program, each
2836	M.P.O. must provide the public, affected public agencies,
2837	representatives of transportation agency employees, freight
2838	shippers, providers of freight transportation services, private
2839	providers of transportation, representatives of users of public
2840	transit, and other interested parties with a reasonable
2841	opportunity to comment on the proposed transportation
2842	improvement program.
2843	(a)  Each M.P.O. is responsible for developing, annually, a
2844	list of project priorities and a transportation improvement
2845	program. The prevailing principles to be considered by each
2846	M.P.O. when developing a list of project priorities and a
2847	transportation improvement program are: preserving the existing
2848	transportation infrastructure; enhancing Florida's economic
2849	competitiveness; and improving travel choices to ensure
2850	mobility. The transportation improvement program will be used to
2851	initiate federally aided transportation facilities and
2852	improvements as well as other transportation facilities and
2853	improvements including transit, rail, aviation, spaceport, and
2854	port facilities to be funded from the State Transportation Trust
2855	Fund within its metropolitan area in accordance with existing
2856	and subsequent federal and state laws and rules and regulations
2857	related thereto. The transportation improvement program shall be
2858	consistent, to the maximum extent feasible, with the approved
2859	local government comprehensive plans of the units of local
2860	government whose boundaries are within the metropolitan area of
2861	the M.P.O. and include those projects programmed pursuant to s.
2862	339.28171.
2863	(b)  Each M.P.O. annually shall prepare a list of project
2864	priorities and shall submit the list to the appropriate district
2865	of the department by October 1 of each year; however, the
2866	department and a metropolitan planning organization may, in
2867	writing, agree to vary this submittal date. The list of project
2868	priorities must be formally reviewed by the technical and
2869	citizens' advisory committees, and approved by the M.P.O.,
2870	before it is transmitted to the district. The approved list of
2871	project priorities must be used by the district in developing
2872	the district work program and must be used by the M.P.O. in
2873	developing its transportation improvement program. The annual
2874	list of project priorities must be based upon project selection
2875	criteria that, at a minimum, consider the following:
2876	1.  The approved M.P.O. long-range transportation plan;
2877	2.  The Strategic Intermodal System Plan developed under s.
2878	339.64;.
2879	3.  The priorities developed pursuant to s. 339.28171;
2880	4.3.  The results of the transportation management systems;
2881	and
2882	5.4.  The M.P.O.'s public-involvement procedures.
2883	(c)  The transportation improvement program must, at a
2884	minimum:
2885	1.  Include projects and project phases to be funded with
2886	state or federal funds within the time period of the
2887	transportation improvement program and which are recommended for
2888	advancement during the next fiscal year and 4 subsequent fiscal
2889	years. Such projects and project phases must be consistent, to
2890	the maximum extent feasible, with the approved local government
2891	comprehensive plans of the units of local government located
2892	within the jurisdiction of the M.P.O. For informational
2893	purposes, the transportation improvement program shall also
2894	include a list of projects to be funded from local or private
2895	revenues.
2896	2.  Include projects within the metropolitan area which are
2897	proposed for funding under 23 U.S.C. s. 134 of the Federal
2898	Transit Act and which are consistent with the long-range
2899	transportation plan developed under subsection (6).
2900	3.  Provide a financial plan that demonstrates how the
2901	transportation improvement program can be implemented; indicates
2902	the resources, both public and private, that are reasonably
2903	expected to be available to accomplish the program; identifies
2904	any innovative financing techniques that may be used to fund
2905	needed projects and programs; and may include, for illustrative
2906	purposes, additional projects that would be included in the
2907	approved transportation improvement program if reasonable
2908	additional resources beyond those identified in the financial
2909	plan were available. Innovative financing techniques may include
2910	the assessment of tolls, the use of value capture financing, or
2911	the use of value pricing. The transportation improvement program
2912	may include a project or project phase only if full funding can
2913	reasonably be anticipated to be available for the project or
2914	project phase within the time period contemplated for completion
2915	of the project or project phase.
2916	4.  Group projects and project phases of similar urgency
2917	and anticipated staging into appropriate staging periods.
2918	5.  Indicate how the transportation improvement program
2919	relates to the long-range transportation plan developed under
2920	subsection (6), including providing examples of specific
2921	projects or project phases that further the goals and policies
2922	of the long-range transportation plan.
2923	6.  Indicate whether any project or project phase is
2924	inconsistent with an approved comprehensive plan of a unit of
2925	local government located within the jurisdiction of the M.P.O.
2926	If a project is inconsistent with an affected comprehensive
2927	plan, the M.P.O. must provide justification for including the
2928	project in the transportation improvement program.
2929	7.  Indicate how the improvements are consistent, to the
2930	maximum extent feasible, with affected seaport, airport, and
2931	spaceport master plans and with public transit development plans
2932	of the units of local government located within the jurisdiction
2933	of the M.P.O. If a project is located within the boundaries of
2934	more than one M.P.O., the M.P.O.'s must coordinate plans
2935	regarding the project in the transportation improvement program.
2936	(d)  Projects included in the transportation improvement
2937	program and that have advanced to the design stage of
2938	preliminary engineering may be removed from or rescheduled in a
2939	subsequent transportation improvement program only by the joint
2940	action of the M.P.O. and the department. Except when recommended
2941	in writing by the district secretary for good cause, any project
2942	removed from or rescheduled in a subsequent transportation
2943	improvement program shall not be rescheduled by the M.P.O. in
2944	that subsequent program earlier than the 5th year of such
2945	program.
2946	(e)  During the development of the transportation
2947	improvement program, the M.P.O. shall, in cooperation with the
2948	department and any affected public transit operation, provide
2949	citizens, affected public agencies, representatives of
2950	transportation agency employees, freight shippers, providers of
2951	freight transportation services, private providers of
2952	transportation, representatives of users of public transit, and
2953	other interested parties with reasonable notice of and an
2954	opportunity to comment on the proposed program.
2955	(f)  The adopted annual transportation improvement program
2956	for M.P.O.'s in nonattainment or maintenance areas must be
2957	submitted to the district secretary and the Department of
2958	Community Affairs at least 90 days before the submission of the
2959	state transportation improvement program by the department to
2960	the appropriate federal agencies. The annual transportation
2961	improvement program for M.P.O.'s in attainment areas must be
2962	submitted to the district secretary and the Department of
2963	Community Affairs at least 45 days before the department submits
2964	the state transportation improvement program to the appropriate
2965	federal agencies; however, the department, the Department of
2966	Community Affairs, and a metropolitan planning organization may,
2967	in writing, agree to vary this submittal date. The Governor or
2968	the Governor's designee shall review and approve each
2969	transportation improvement program and any amendments thereto.
2970	(g)  The Department of Community Affairs shall review the
2971	annual transportation improvement program of each M.P.O. for
2972	consistency with the approved local government comprehensive
2973	plans of the units of local government whose boundaries are
2974	within the metropolitan area of each M.P.O. and shall identify
2975	those projects that are inconsistent with such comprehensive
2976	plans. The Department of Community Affairs shall notify an
2977	M.P.O. of any transportation projects contained in its
2978	transportation improvement program which are inconsistent with
2979	the approved local government comprehensive plans of the units
2980	of local government whose boundaries are within the metropolitan
2981	area of the M.P.O.
2982	(h)  The M.P.O. shall annually publish or otherwise make
2983	available for public review the annual listing of projects for
2984	which federal funds have been obligated in the preceding year.
2985	Project monitoring systems must be maintained by those agencies
2986	responsible for obligating federal funds and made accessible to
2987	the M.P.O.'s.
2988	(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
2989	develop, in cooperation with the department and public
2990	transportation providers, a unified planning work program that
2991	lists all planning tasks to be undertaken during the program
2992	year. The unified planning work program must provide a complete
2993	description of each planning task and an estimated budget
2994	therefor and must comply with applicable state and federal law.
2995	(9)  AGREEMENTS.--
2996	(a)  Each M.P.O. shall execute the following written
2997	agreements, which shall be reviewed, and updated as necessary,
2998	every 5 years:
2999	1.  An agreement with the department clearly establishing
3000	the cooperative relationship essential to accomplish the
3001	transportation planning requirements of state and federal law.
3002	2.  An agreement with the metropolitan and regional
3003	intergovernmental coordination and review agencies serving the
3004	metropolitan areas, specifying the means by which activities
3005	will be coordinated and how transportation planning and
3006	programming will be part of the comprehensive planned
3007	development of the area.
3008	3.  An agreement with operators of public transportation
3009	systems, including transit systems, commuter rail systems,
3010	airports, seaports, and spaceports, describing the means by
3011	which activities will be coordinated and specifying how public
3012	transit, commuter rail, aviation, seaport, and aerospace
3013	planning and programming will be part of the comprehensive
3014	planned development of the metropolitan area.
3015	(b)  An M.P.O. may execute other agreements required by
3016	state or federal law or as necessary to properly accomplish its
3017	functions.
3018	(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
3019	COUNCIL.--
3020	(a)  A Metropolitan Planning Organization Advisory Council
3021	is created to augment, and not supplant, the role of the
3022	individual M.P.O.'s in the cooperative transportation planning
3023	process described in this section.
3024	(b)  The council shall consist of one representative from
3025	each M.P.O. and shall elect a chairperson annually from its
3026	number. Each M.P.O. shall also elect an alternate representative
3027	from each M.P.O. to vote in the absence of the representative.
3028	Members of the council do not receive any compensation for their
3029	services, but may be reimbursed from funds made available to
3030	council members for travel and per diem expenses incurred in the
3031	performance of their council duties as provided in s. 112.061.
3032	(c)  The powers and duties of the Metropolitan Planning
3033	Organization Advisory Council are to:
3034	1.  Enter into contracts with individuals, private
3035	corporations, and public agencies.
3036	2.  Acquire, own, operate, maintain, sell, or lease
3037	personal property essential for the conduct of business.
3038	3.  Accept funds, grants, assistance, gifts, or bequests
3039	from private, local, state, or federal sources.
3040	4.  Establish bylaws and adopt rules pursuant to ss.
3041	120.536(1) and 120.54 to implement provisions of law conferring
3042	powers or duties upon it.
3043	5.  Assist M.P.O.'s in carrying out the urbanized area
3044	transportation planning process by serving as the principal
3045	forum for collective policy discussion pursuant to law.
3046	6.  Serve as a clearinghouse for review and comment by
3047	M.P.O.'s on the Florida Transportation Plan and on other issues
3048	required to comply with federal or state law in carrying out the
3049	urbanized area transportation and systematic planning processes
3050	instituted pursuant to s. 339.155.
3051	7.  Employ an executive director and such other staff as
3052	necessary to perform adequately the functions of the council,
3053	within budgetary limitations. The executive director and staff
3054	are exempt from part II of chapter 110 and serve at the
3055	direction and control of the council. The council is assigned to
3056	the Office of the Secretary of the Department of Transportation
3057	for fiscal and accountability purposes, but it shall otherwise
3058	function independently of the control and direction of the
3059	department.
3060	8.  Adopt an agency strategic plan that provides the
3061	priority directions the agency will take to carry out its
3062	mission within the context of the state comprehensive plan and
3063	any other statutory mandates and directions given to the agency.
3064	(11)  APPLICATION OF FEDERAL LAW.--Upon notification by an
3065	agency of the Federal Government that any provision of this
3066	section conflicts with federal laws or regulations, such federal
3067	laws or regulations will take precedence to the extent of the
3068	conflict until such conflict is resolved. The department or an
3069	M.P.O. may take any necessary action to comply with such federal
3070	laws and regulations or to continue to remain eligible to
3071	receive federal funds.
3072	Section 21.  Section 339.28171, Florida Statutes, is
3073	created to read:
3074	339.28171  Transportation Incentive Program for a
3075	Sustainable Florida.--
3076	(1)  There is created within the Department of
3077	Transportation a Transportation Incentive Program for a
3078	Sustainable Florida, which may be cited as TRIP for a
3079	Sustainable Florida, for the purpose of providing grants to
3080	local governments to improve a transportation facility or system
3081	which addresses an identified concurrency management system
3082	backlog or relieve traffic congestion in urban infill and
3083	redevelopment areas. Bridge projects off of the State Highway
3084	System are eligible to receive funding from this program.
3085	(2)  To be eligible for consideration, projects must be
3086	consistent with local government comprehensive plans, the
3087	transportation improvement program of the applicable
3088	metropolitan organization, and the Strategic Intermodal System
3089	plan developed in accordance with s. 339.64.
3090	(3)  The funds shall be distributed by the department to
3091	each district in accordance with the statutory formula pursuant
3092	to s. 339.135(4). The district secretary shall use the following
3093	criteria to evaluate the project applications:
3094	(a)  The level of local government funding efforts.
3095	(b)  The level of local, regional, or private financial
3096	matching funds as a percentage of the overall project cost.
3097	(c)  The ability of local government to rapidly address
3098	project construction.
3099	(d)  The level of municipal and county agreement on the
3100	scope of the proposed project.
3101	(e)  Whether the project is located within and supports the
3102	objectives of an urban infill area, a community redevelopment
3103	area, an urban redevelopment area, or a concurrency management
3104	area.
3105	(f)  The extent to which the project would foster public-
3106	private partnerships and investment.
3107	(g)  The extent to which the project protects
3108	environmentally sensitive areas.
3109	(h)  The extent to which the project would support urban
3110	mobility, including public transit systems, the use of new
3111	technologies, and the provision of bicycle facilities or
3112	pedestrian pathways.
3113	(i)  The extent to which the project implements a regional
3114	transportation plan developed in accordance with s.
3115	339.155(2)(c), (d), and (e).
3116	(j)  Whether the project is subject to a local ordinance
3117	that establishes corridor management techniques, including
3118	access management strategies, right-of-way acquisition and
3119	protection measures, appropriate land use strategies, zoning,
3120	and setback requirements for adjacent land uses.
3121	(k)  Whether or not the local government has adopted a
3122	vision pursuant to s. 163.3167(11) either prior to or after the
3123	effective date of this act.
3124	(4)  As part of the project application, the local
3125	government shall demonstrate how the proposed project implements
3126	a capital improvement element and a long-term transportation
3127	concurrency system, if applicable, to address the existing
3128	capital improvement element backlogs.
3129	(5)  The percentage of matching funds available to
3130	applicants shall be based on the following:
3131	(a)  For projects that provide capacity on the Strategic
3132	Intermodal System, the percentage shall be 35 percent.
3133	(b)  For projects that provide capacity on regionally
3134	significant transportation facilities identified in s.
3135	339.155(2)(c), (d), and (e), the percentage shall be 50 percent
3136	or up to 50 percent of the nonfederal share of the eligible
3137	project costs for a public transportation facility project.
3138	Total funds expended shall not exceed 20 percent of the total
3139	amount available for the program. For off-system bridges, the
3140	percentage shall be 50 percent. Projects to be funded pursuant
3141	to this paragraph shall, at a minimum meet the following
3142	additional criteria:
3143	1.  Support those transportation facilities that serve
3144	national, statewide, or regional functions and function as an
3145	integrated regional transportation system.
3146	2.  Be identified in the capital improvements element of a
3147	comprehensive plan that has been determined to be in compliance
3148	with part II of chapter 163, after the effective date of this
3149	act, or to implement a long-term concurrency management system
3150	adopted a local government in accordance with s. 163.3177(9).
3151	3.  Provide connectivity to the Strategic Intermodal System
3152	designated pursuant to s. 339.64.
3153	4.  Support economic development and the movement of goods
3154	in areas of critical economic concern designated pursuant to s.
3155	288.0656(7).
3156	5.  Improve connectivity between military installations and
3157	the Strategic Highway Network or the Strategic Rail Corridor
3158	Network.
3159	6.  For off-system bridge projects to replace,
3160	rehabilitate, paint, or install scour countermeasures to highway
3161	bridges located on public roads, other than those on a federal-
3162	aid highway, such projects shall, at a minimum:
3163	(a)  Be classified as a structurally deficient bridge with
3164	a poor condition rating for either the deck, superstructure, or
3165	substructure component, or culvert.
3166	(b)  Have a sufficiency rating of 35 or below.
3167	(c)  Have average daily traffic of at least 500 vehicles.
3168
3169	Special consideration shall be given to bridges that are closed
3170	to all traffic or that have a load restriction of less than 10
3171	tons.
3172	(c)  For local projects that demonstrate capacity
3173	improvements in the urban service boundary, urban infill, or
3174	urban redevelopment area or provide such capacity replacement to
3175	the State Intrastate Highway System, the percentage shall be 65
3176	percent.
3177	(6)  The department may administer contracts at the request
3178	of a local government selected to receive funding for a project
3179	under this section. All projects funded under this section shall
3180	be included in the department's work program developed pursuant
3181	to s. 339.135.
3182	Section 22.  Subsection (1) and paragraph (c) of subsection
3183	(4) of section 339.2818, Florida Statutes, are amended to read:
3184	339.2818  Small County Outreach Program.--
3185	(1)  There is created within the Department of
3186	Transportation the Small County Outreach Program. The purpose of
3187	this program is to assist small county governments to improve a
3188	transportation facility or system which addresses identified
3189	concurrency management system backlog and relieves traffic
3190	congestion, or to assist in resurfacing or reconstructing county
3191	roads or in constructing capacity or safety improvements to
3192	county roads.
3193	(4)
3194	(c)  The following criteria shall be used to prioritize
3195	road projects for funding under the program:
3196	1.  The primary criterion is the physical condition of the
3197	road as measured by the department.
3198	1.2.  As secondary criteria The department may consider:
3199	a.  Whether a road is used as an evacuation route.
3200	b.  Whether a road has high levels of agricultural travel.
3201	c.  Whether a road is considered a major arterial route.
3202	d.  Whether a road is considered a feeder road.
3203	e.  Other criteria related to the impact of a project on
3204	the public road system or on the state or local economy as
3205	determined by the department.
3206	2.  As secondary criteria, the department may consider the
3207	physical condition of the road as measured by the department.
3208	Section 23.  Section 339.55, Florida Statutes, is amended
3209	to read:
3210	339.55  State-funded infrastructure bank.--
3211	(1)  There is created within the Department of
3212	Transportation a state-funded infrastructure bank for the
3213	purpose of providing loans and credit enhancements to government
3214	units and private entities for use in constructing and improving
3215	transportation facilities.
3216	(2)  The bank may lend capital costs or provide credit
3217	enhancements for:
3218	(a)  A transportation facility project that is on the State
3219	Highway System or that provides for increased mobility on the
3220	state's transportation system or provides intermodal
3221	connectivity with airports, seaports, rail facilities, and other
3222	transportation terminals, pursuant to s. 341.053, for the
3223	movement of people and goods.
3224	(b)  Transportation Incentive Program for a Sustainable
3225	Florida projects identified pursuant to s. 339.28171.
3226	(3)  Loans from the bank may be subordinated to senior
3227	project debt that has an investment grade rating of "BBB" or
3228	higher.
3229	(4)(3)  Loans from the bank may bear interest at or below
3230	market interest rates, as determined by the department.
3231	Repayment of any loan from the bank shall commence not later
3232	than 5 years after the project has been completed or, in the
3233	case of a highway project, the facility has opened to traffic,
3234	whichever is later, and shall be repaid in no more than 30
3235	years.
3236	(5)(4)  Except as provided in s. 339.137, To be eligible
3237	for consideration, projects must be consistent, to the maximum
3238	extent feasible, with local metropolitan planning organization
3239	plans and local government comprehensive plans and must provide
3240	a dedicated repayment source to ensure the loan is repaid to the
3241	bank.
3242	(6)  Funding awarded for projects under paragraph (2)(b)
3243	must be matched by a minimum of 25 percent from funds other than
3244	the state-funded infrastructure bank loan.
3245	(7)(5)  The department may consider, but is not limited to,
3246	the following criteria for evaluation of projects for assistance
3247	from the bank:
3248	(a)  The credit worthiness of the project.
3249	(b)  A demonstration that the project will encourage,
3250	enhance, or create economic benefits.
3251	(c)  The likelihood that assistance would enable the
3252	project to proceed at an earlier date than would otherwise be
3253	possible.
3254	(d)  The extent to which assistance would foster innovative
3255	public-private partnerships and attract private debt or equity
3256	investment.
3257	(e)  The extent to which the project would use new
3258	technologies, including intelligent transportation systems, that
3259	would enhance the efficient operation of the project.
3260	(f)  The extent to which the project would maintain or
3261	protect the environment.
3262	(g)  A demonstration that the project includes
3263	transportation benefits for improving intermodalism, cargo and
3264	freight movement, and safety.
3265	(h)  The amount of the proposed assistance as a percentage
3266	of the overall project costs with emphasis on local and private
3267	participation.
3268	(i)  The extent to which the project will provide for
3269	connectivity between the State Highway System and airports,
3270	seaports, rail facilities, and other transportation terminals
3271	and intermodal options pursuant to s. 341.053 for the increased
3272	accessibility and movement of people and goods.
3273	(8)(6)  Loan assistance provided by the bank shall be
3274	included in the department's work program developed in
3275	accordance with s. 339.135.
3276	(9)(7)  The department is authorized to adopt rules to
3277	implement the state-funded infrastructure bank.
3278	Section 24.  Section 373.19615, Florida Statutes, is
3279	created to read:
3280	373.19615  Florida's Sustainable Water Supplies Program.--
3281	(1)  There is hereby created "Florida's Sustainable Water
3282	Supplies Program." The Legislature recognizes that alternative
3283	water supply projects are more expensive to develop compared to
3284	traditional water supply projects. As Florida's population
3285	continues to grow, the need for alternative water supplies is
3286	also growing as our groundwater supplies in portions of the
3287	state are decreasing. Beginning in fiscal year 2005-2006, the
3288	state shall annually appropriate $100 million for the purpose of
3289	providing funding assistance to local governments for the
3290	development of alternative water supply projects. At the
3291	beginning of each fiscal year, beginning with fiscal year 2005-
3292	2006, such revenues shall be distributed to the Department of
3293	Environmental Protection. The department shall then distribute
3294	the revenues into alternative water supply accounts created by
3295	the department for each district for the purpose of alternative
3296	water supply development under the following funding formula:
3297	1.  Forty percent to the South Florida Water Management
3298	District.
3299	2.  Twenty-five percent to the Southwest Florida Water
3300	Management District.
3301	3.  Twenty-five percent to the St. Johns River Water
3302	Management District.
3303	4.  Five percent to the Suwannee River Water Management
3304	District.
3305	5.  Five percent to the Northwest Florida Water Management
3306	District.
3307	(2)  For the purposes of this section, the following
3308	definitions shall apply:
3309	(a)  "Alternative water supplies" includes saltwater;
3310	brackish surface and groundwater; surface water captured
3311	predominantly during wet-weather flows; sources made available
3312	through the addition of new storage capacity for surface or
3313	groundwater; water that has been reclaimed after one or more
3314	public supply, municipal, industrial, commercial, or
3315	agricultural uses; stormwater; and any other water supply source
3316	that is designated as non-traditional for a water supply
3317	planning region in the applicable regional water supply plan
3318	developed under s. 373.0361.
3319	(b)  "Capital costs" means planning, design, engineering,
3320	and project construction costs.
3321	(c)  "Local government" means any municipality, county,
3322	special district, regional water supply authority, or
3323	multijurisdictional entity, or an agency thereof, or a
3324	combination of two or more of the foregoing acting jointly with
3325	an alternative water supply project.
3326	(3)  To be eligible for assistance in funding capital costs
3327	of alternative water supply projects under this program, the
3328	water management district governing board must select those
3329	alternative water supply projects that will receive financial
3330	assistance. The water management district governing board shall
3331	establish factors to determine project funding.
3332	(a)  Significant weight shall be given to the following
3333	factors:
3334	1.  Whether the project provides substantial environmental
3335	benefits by preventing or limiting adverse water resource
3336	impacts.
3337	2.  Whether the project reduces competition for water
3338	supplies.
3339	3.  Whether the project brings about replacement of
3340	traditional sources in order to help implement a minimum flow or
3341	level or a reservation.
3342	4.  Whether the project will be implemented by a
3343	consumptive use permittee that has achieved the targets
3344	contained in a goal-based water conservation program approved
3345	pursuant to s. 373.227.
3346	5.  The quantity of water supplied by the project as
3347	compared to its cost.
3348	6.  Projects in which the construction and delivery to end
3349	users of reuse water are major components.
3350	7.  Whether the project will be implemented by a
3351	multijurisdictional water supply entity or regional water supply
3352	authority.
3353	(b)  Additional factors to be considered in determining
3354	project funding shall include:
3355	1.  Whether the project is part of a plan to implement two
3356	or more alternative water supply projects, all of which will be
3357	operated to produce water at a uniform rate for the participants
3358	in a multijurisdictional water supply entity or regional water
3359	supply authority.
3360	2.  The percentage of project costs to be funded by the
3361	water supplier or water user.
3362	3.  Whether the project proposal includes sufficient
3363	preliminary planning and engineering to demonstrate that the
3364	project can reasonably be implemented within the timeframes
3365	provided in the regional water supply plan.
3366	4.  Whether the project is a subsequent phase of an
3367	alternative water supply project underway.
3368	5.  Whether and in what percentage a local government or
3369	local government utility is transferring water supply system
3370	revenues to the local government general fund in excess of
3371	reimbursements for services received from the general fund
3372	including direct and indirect costs and legitimate payments in
3373	lieu of taxes.
3374	(4)(a)  All projects submitted to the governing board for
3375	consideration shall reflect the total cost for implementation.
3376	The costs shall be segregated pursuant to the categories
3377	described in the definition of capital costs.
3378	(b)  Applicants for projects that receive funding
3379	assistance pursuant to this section shall be required to pay 33
3380	1/3 percent of the project's total capital costs.
3381	(c)  The water management district shall be required to pay
3382	33 1/3 percent of the project's total capital costs.
3383	(5)  After conducting one or more meetings to solicit
3384	public input on eligible projects for implementation of
3385	alternative water supply projects, the governing board of each
3386	water management district shall select projects for funding
3387	assistance based upon the above criteria. The governing board
3388	may select a project identified or listed as an alternative
3389	water supply development project in the regional water supply
3390	plan, or may select an alternative water supply projects not
3391	identified or listed in the regional water supply plan but which
3392	are consistent with the goals of the plans.
3393	(6)  Once an alternative water supply project is selected
3394	by the governing board, the applicant and the water management
3395	district must, in writing, each commit to a financial
3396	contribution of 33 1/3 percent of the project's total capital
3397	costs. The water management district shall then submit a request
3398	for distribution of revenues held by the department in the
3399	district's alternative water supply account. The request must
3400	include the amount of current and projected water demands within
3401	the water management district, the additional water made
3402	available by the project, the date the water will be made
3403	available, and the applicant's and water management district's
3404	financial commitment for the alternative water supply project.
3405	Upon receipt of a request from a water management district, the
3406	department shall determine whether the alternative water supply
3407	project meets the department's criteria for financial
3408	assistance. The department shall establish factors to determine
3409	whether state financial assistance for an alternative water
3410	supply project shall be granted.
3411	(a)  Significant weight shall be given to the following
3412	factors:
3413	1.  Whether the project provides substantial environmental
3414	benefits by preventing or limiting adverse water resource
3415	impacts.
3416	2.  Whether the project reduces competition for water
3417	supplies.
3418	3.  Whether the project brings about replacement of
3419	traditional sources in order to help implement a minimum flow or
3420	level or a reservation.
3421	4.  Whether the project will be implemented by a
3422	consumptive use permittee that has achieved the targets
3423	contained in a goal-based water conservation program approved
3424	pursuant to s. 373.227.
3425	5.  The quantity of water supplied by the project as
3426	compared to its cost.
3427	6.  Projects in which the construction and delivery to end
3428	users of reuse water are major components.
3429	7.  Whether the project will be implemented by a
3430	multijurisdictional water supply entity or regional water supply
3431	authority.
3432	(b)  Additional factors to be considered in determining
3433	project funding shall include:
3434	1.  Whether the project is part of a plan to implement two
3435	or more alternative water supply projects, all of which will be
3436	operated to produce water at a uniform rate for the participants
3437	in a multijurisdictional water supply entity or regional water
3438	supply authority.
3439	2.  The percentage of project costs to be funded by the
3440	water supplier or water user.
3441	3.  Whether the project proposal includes sufficient
3442	preliminary planning and engineering to demonstrate that the
3443	project can reasonably be implemented within the timeframes
3444	provided in the regional water supply plan.
3445	4.  Whether the project is a subsequent phase of an
3446	alternative water supply project underway.
3447	5.  Whether and in what percentage a local government or
3448	local government utility is transferring water supply system
3449	revenues to the local government general fund in excess of
3450	reimbursements for services received from the general fund
3451	including direct and indirect costs and legitimate payments in
3452	lieu of taxes.
3453
3454	If the department determines that the project should receive
3455	financial assistance, the department shall distribute to the
3456	water management district 33 1/3 percent of the total capital
3457	costs from the district's alternative water supply account.
3458	Section 25.  Section 373.19616, Florida Statutes, is
3459	created to read:
3460	373.19616  Water Transition Assistance Program.--
3461	(1)  The Legislature recognizes that as a result of
3462	Florida's increasing population, there are limited ground water
3463	resources in some portions of the state to serve increased water
3464	quantities demands. As a result, a transition from ground water
3465	supply to more expensive alternative water supply is necessary.
3466	The purpose of this section is to assist local governments by
3467	establishing a low-interest revolving loan program for
3468	infrastructure financing for alternative water supplies.
3469	(2)  For purposes of this section, the term:
3470	(a)  "Alternative water supplies" has the same meaning as
3471	provided in s. 373.19615(2).
3472	(b)  "Local government" has the same meaning as provided in
3473	s. 373.19615(2).
3474	(3)  The Department of Environmental Protection is
3475	authorized to make loans to local governments to assist them in
3476	planning, designing, and constructing alternative water supply
3477	projects. The department may provide loan guarantees, purchase
3478	loan insurance, and refinance local debt through issue of new
3479	loans for alternative water supply projects approved by the
3480	department. Local governments may borrow funds made available
3481	pursuant to this section and may pledge any revenues or other
3482	adequate security available to them to repay any funds borrowed.
3483	(4)  The term of loans made pursuant to this section shall
3484	not exceed 30 years. The interest rate on such loans shall be no
3485	greater than that paid on the last bonds sold pursuant to s. 14,
3486	Art. VII of the State Constitution.
3487	(5)  In order to ensure that public moneys are managed in
3488	an equitable and prudent manner, the total amount of money
3489	loaned to any local government during a fiscal year shall be no
3490	more than 25 percent of the total funds available for making
3491	loans during that year. The minimum amount of a loan shall be
3492	$75,000.
3493	(6)  The department may adopt rules that:
3494	(a)  Set forth a priority system for loans based on factors
3495	provided for in s. 373.19615(6)(a) and (b).
3496	(b)  Establish the requirements for the award and repayment
3497	of financial assistance.
3498	(c)  Require adequate security to ensure that each loan
3499	recipient can meet its loan payment requirements.
3500	(d)  Establish, at the department's discretion, a specific
3501	percentage of funding, not to exceed 20 percent, for financially
3502	disadvantaged communities for the development of alternative
3503	water supply projects. The department shall include within the
3504	rule a definition of the term "financially disadvantaged
3505	community," and the criteria for determining whether the project
3506	serves a financially disadvantaged community. Such criteria
3507	shall be based on the median household income of the service
3508	population or other reliably documented measures of
3509	disadvantaged status.
3510	(e)  Require each project receiving financial assistance to
3511	be cost-effective, environmentally sound, implementable, and
3512	self-supporting.
3513	(7)  The department shall prepare a report at the end of
3514	each fiscal year detailing the financial assistance provided
3515	under this section and outstanding loans.
3516	(8)  Prior to approval of a loan, the local government
3517	shall, at a minimum:
3518	(a)  Provide a repayment schedule.
3519	(b)  Submit evidence of the ability of the project proposed
3520	for financial assistance to be permitted and implemented.
3521	(c)  Submit plans and specifications, biddable contract
3522	documents, or other documentation of appropriate procurement of
3523	goods and services.
3524	(d)  Provide assurance that records will be kept using
3525	generally accepted accounting principles and that the department
3526	or its agent and the Auditor General will have access to all
3527	records pertaining to the loan.
3528	(9)  The department may conduct an audit of the loan
3529	project upon completion or may require that a separate project
3530	audit, prepared by an independent certified public accountant,
3531	be submitted.
3532	(10)  The department may require reasonable service fees on
3533	loans made to local governments to ensure that the program will
3534	be operated in perpetuity and to implement the purposes
3535	authorized under this section. Service fees shall not be more
3536	than 4 percent of the loan amount exclusive of the service fee.
3537	The fee revenues, and interest earnings thereon, shall be used
3538	exclusively to carry out the purposes of this section.
3539	(11)  All moneys available for financial assistance under
3540	this section shall be appropriated to the department exclusively
3541	to carry out this program. The principal and interest of all
3542	loans repaid and interest shall be used exclusively to carry out
3543	this section.
3544	(12)(a)  If a local government agency defaults under the
3545	terms of its loan agreement, the department shall certify the
3546	default to the Chief Financial Officer, shall forward the
3547	delinquent amount to the department from any unobligated funds
3548	due to the local government agency under any revenue-sharing or
3549	tax-sharing fund established by the state, except as otherwise
3550	provided by the State Constitution. Certification of delinquency
3551	shall not limit the department from pursuing other remedies
3552	available for default on a loan, including accelerating loan
3553	repayments, eliminating all or part of the interest rate subsidy
3554	on the loan, and court appointment of a receiver to manage
3555	alternative water supply project.
3556	(b)  The department may impose penalty for delinquent local
3557	payments in the amount of 6 percent of the amount due, in
3558	addition to charging the cost to handle and process the debt.
3559	Penalty interest shall accrue on any amount due and payable
3560	beginning on the 30th day following the date upon which payment
3561	is due.
3562	(13)  The department may terminate or rescind a financial
3563	assistance agreement when the local government fails to comply
3564	with the terms and conditions of the agreement.
3565	Section 26.  Paragraphs (l) and (m) are added to subsection
3566	(24) of section 380.06, Florida Statutes, to read:
3567	380.06  Developments of regional impact.--
3568	(24)  STATUTORY EXEMPTIONS.--
3569	(l)  Any proposed development or redevelopment within an
3570	area designated for:
3571	1.  Urban infill development as designated in the
3572	comprehensive plan;
3573	2.  Urban redevelopment as designated in the comprehensive
3574	plan;
3575	3.  Downtown revitalization as designated in the
3576	comprehensive plan; or
3577	4.  Urban infill and redevelopment under s. 163.2517 as
3578	designated in the comprehensive plan,
3579
3580	is exempt from the provisions of this section. However, a
3581	municipality with a population of 7,500 or fewer may adopt an
3582	ordinance imposing a fee upon an applicant for purposes of
3583	reimbursing the municipality for the reasonable costs that the
3584	municipality may incur in reviewing any project which is exempt
3585	under this subparagraph. The municipality may use all or part of
3586	this fee to employ professional expertise to ensure that the
3587	impacts of such projects are properly evaluated. Municipalities
3588	adopting such ordinances may not impose a fee on a project in
3589	excess of its actual out-of-pocket reasonable review costs. A
3590	copy of such ordinance shall be transmitted to the state land
3591	planning agency and the applicable regional planning council.
3592	(m)  Any proposed development within a rural land
3593	stewardship area created pursuant to s. 163.3177(11)(d) is
3594	exempt from the provisions of this section.
3595	Section 27.  Section 380.115, Florida Statutes, is amended
3596	to read:
3597	380.115  Vested rights and duties; effect of size
3598	reduction; changes in guidelines and standards chs. 2002-20 and
3599	2002-296.--
3600	(1)  A change in a development of regional impact guideline
3601	or standard does not abridge or modify Nothing contained in this
3602	act abridges or modifies any vested or other right or any duty
3603	or obligation pursuant to any development order or agreement
3604	that is applicable to a development of regional impact on the
3605	effective date of this act. A development that has received a
3606	development-of-regional-impact development order pursuant to s.
3607	380.06, but would is no longer be required to undergo
3608	development-of-regional-impact review by operation of a change
3609	in the guidelines and standards or has reduced its size below
3610	the thresholds in s. 380.0651 this act, shall be governed by the
3611	following procedures:
3612	(a)  The development shall continue to be governed by the
3613	development-of-regional-impact development order and may be
3614	completed in reliance upon and pursuant to the development order
3615	unless the developer or landowner has followed the procedures
3616	for rescission in paragraph (b). The development-of-regional-
3617	impact development order may be enforced by the local government
3618	as provided by ss. 380.06(17) and 380.11.
3619	(b)  If requested by the developer or landowner, the
3620	development-of-regional-impact development order shall may be
3621	rescinded by the local government with jurisdiction upon a
3622	showing by clear and convincing evidence that all required
3623	mitigation relating to the amount of development existing on the
3624	date of rescission has been completed abandoned pursuant to the
3625	process in s. 380.06(26).
3626	(2)  A development with an application for development
3627	approval pending, and determined sufficient pursuant to s.
3628	380.06(10), on the effective date of a change to the guidelines
3629	and standards this act, or a notification of proposed change
3630	pending on the effective date of a change to the guidelines and
3631	standards this act, may elect to continue such review pursuant
3632	to s. 380.06. At the conclusion of the pending review, including
3633	any appeals pursuant to s. 380.07, the resulting development
3634	order shall be governed by the provisions of subsection (1).
3635	(3)  A landowner that has filed an application for a
3636	development of regional impact review prior to the adoption of
3637	an optional sector plan pursuant to s. 163.3245 may elect to
3638	have the application reviewed pursuant to s. 380.06,
3639	comprehensive plan provisions in force prior to adoption of the
3640	sector plan and any requested comprehensive plan amendments that
3641	accompany the application.
3642	Section 28.  The Office of Program Policy Analysis and
3643	Government Accountability shall conduct a study on adjustments
3644	to the boundaries of regional planning councils, water
3645	management districts, and transportation districts. The purpose
3646	of the study is to organize these regional boundaries, without
3647	eliminating any regional agency, to be more coterminous with one
3648	another, creating a more unified system of regional boundaries.
3649	The study must be completed by December 31, 2005, and a study
3650	report submitted to the President of the Senate, the Speaker of
3651	the House of Representatives, and the Governor and the Century
3652	Commission for a Sustainable Florida by January 15, 2006.
3653	Section 29.  Subsections (2), (3), (6), and (12) of section
3654	1013.33, Florida Statutes, are amended to read:
3655	1013.33  Coordination of planning with local governing
3656	bodies.--
3657	(2)(a)  The school board, county, and nonexempt
3658	municipalities located within the geographic area of a school
3659	district shall enter into an interlocal agreement that jointly
3660	establishes the specific ways in which the plans and processes
3661	of the district school board and the local governments are to be
3662	coordinated. Any updated The interlocal agreements and
3663	amendments to such agreements shall be submitted to the state
3664	land planning agency and the Office of Educational Facilities
3665	and the SMART Schools Clearinghouse in accordance with a
3666	schedule published by the state land planning agency pursuant to
3667	s. 163.3177(12)(h).
3668	(b)  The schedule must establish staggered due dates for
3669	submission of interlocal agreements that are executed by both
3670	the local government and district school board, commencing on
3671	March 1, 2003, and concluding by December 1, 2004, and must set
3672	the same date for all governmental entities within a school
3673	district. However, if the county where the school district is
3674	located contains more than 20 municipalities, the state land
3675	planning agency may establish staggered due dates for the
3676	submission of interlocal agreements by these municipalities. The
3677	schedule must begin with those areas where both the number of
3678	districtwide capital-outlay full-time-equivalent students equals
3679	80 percent or more of the current year's school capacity and the
3680	projected 5-year student growth rate is 1,000 or greater, or
3681	where the projected 5-year student growth rate is 10 percent or
3682	greater.
3683	(b)(c)  If the student population has declined over the 5-
3684	year period preceding the due date for submittal of an
3685	interlocal agreement by the local government and the district
3686	school board, the local government and district school board may
3687	petition the state land planning agency for a waiver of one or
3688	more of the requirements of subsection (3). The waiver must be
3689	granted if the procedures called for in subsection (3) are
3690	unnecessary because of the school district's declining school
3691	age population, considering the district's 5-year work program
3692	prepared pursuant to s. 1013.35. The state land planning agency
3693	may modify or revoke the waiver upon a finding that the
3694	conditions upon which the waiver was granted no longer exist.
3695	The district school board and local governments must submit an
3696	interlocal agreement within 1 year after notification by the
3697	state land planning agency that the conditions for a waiver no
3698	longer exist.
3699	(c)(d)  Interlocal agreements between local governments and
3700	district school boards adopted pursuant to s. 163.3177 before
3701	the effective date of subsections (2)-(9) must be updated and
3702	executed pursuant to the requirements of subsections (2)-(9), if
3703	necessary. Amendments to interlocal agreements adopted pursuant
3704	to subsections (2)-(9) must be submitted to the state land
3705	planning agency within 30 days after execution by the parties
3706	for review consistent with subsections (3) and (4). Local
3707	governments and the district school board in each school
3708	district are encouraged to adopt a single updated interlocal
3709	agreement in which all join as parties. The state land planning
3710	agency shall assemble and make available model interlocal
3711	agreements meeting the requirements of subsections (2)-(9) and
3712	shall notify local governments and, jointly with the Department
3713	of Education, the district school boards of the requirements of
3714	subsections (2)-(9), the dates for compliance, and the sanctions
3715	for noncompliance. The state land planning agency shall be
3716	available to informally review proposed interlocal agreements.
3717	If the state land planning agency has not received a proposed
3718	interlocal agreement for informal review, the state land
3719	planning agency shall, at least 60 days before the deadline for
3720	submission of the executed agreement, renotify the local
3721	government and the district school board of the upcoming
3722	deadline and the potential for sanctions.
3723	(3)  At a minimum, The interlocal agreement must address
3724	the following issues required in s. 163.31777.:
3725	(a)  A process by which each local government and the
3726	district school board agree and base their plans on consistent
3727	projections of the amount, type, and distribution of population
3728	growth and student enrollment. The geographic distribution of
3729	jurisdiction-wide growth forecasts is a major objective of the
3730	process.
3731	(b)  A process to coordinate and share information relating
3732	to existing and planned public school facilities, including
3733	school renovations and closures, and local government plans for
3734	development and redevelopment.
3735	(c)  Participation by affected local governments with the
3736	district school board in the process of evaluating potential
3737	school closures, significant renovations to existing schools,
3738	and new school site selection before land acquisition. Local
3739	governments shall advise the district school board as to the
3740	consistency of the proposed closure, renovation, or new site
3741	with the local comprehensive plan, including appropriate
3742	circumstances and criteria under which a district school board
3743	may request an amendment to the comprehensive plan for school
3744	siting.
3745	(d)  A process for determining the need for and timing of
3746	onsite and offsite improvements to support new construction,
3747	proposed expansion, or redevelopment of existing schools. The
3748	process shall address identification of the party or parties
3749	responsible for the improvements.
3750	(e)  A process for the school board to inform the local
3751	government regarding school capacity. The capacity reporting
3752	must be consistent with laws and rules regarding measurement of
3753	school facility capacity and must also identify how the district
3754	school board will meet the public school demand based on the
3755	facilities work program adopted pursuant to s. 1013.35.
3756	(f)  Participation of the local governments in the
3757	preparation of the annual update to the school board's 5-year
3758	district facilities work program and educational plant survey
3759	prepared pursuant to s. 1013.35.
3760	(g)  A process for determining where and how joint use of
3761	either school board or local government facilities can be shared
3762	for mutual benefit and efficiency.
3763	(h)  A procedure for the resolution of disputes between the
3764	district school board and local governments, which may include
3765	the dispute resolution processes contained in chapters 164 and
3766	186.
3767	(i)  An oversight process, including an opportunity for
3768	public participation, for the implementation of the interlocal
3769	agreement.
3770
3771	A signatory to the interlocal agreement may elect not to include
3772	a provision meeting the requirements of paragraph (e); however,
3773	such a decision may be made only after a public hearing on such
3774	election, which may include the public hearing in which a
3775	district school board or a local government adopts the
3776	interlocal agreement. An interlocal agreement entered into
3777	pursuant to this section must be consistent with the adopted
3778	comprehensive plan and land development regulations of any local
3779	government that is a signatory.
3780	(6)  Any local government transmitting a public school
3781	element to implement school concurrency pursuant to the
3782	requirements of s. 163.3180 before July 1, 2005, the effective
3783	date of this section is not required to amend the element or any
3784	interlocal agreement to conform with the provisions of
3785	subsections (2)-(8) if the element is adopted prior to or within
3786	1 year after the effective date of subsections (2)-(8) and
3787	remains in effect.
3788	(12)  As early in the design phase as feasible and
3789	consistent with an interlocal agreement entered pursuant to
3790	subsections (2)-(8), but no later than 120 90 days before
3791	commencing construction, the district school board shall in
3792	writing request a determination of consistency with the local
3793	government's comprehensive plan. The local governing body that
3794	regulates the use of land shall determine, in writing within 45
3795	days after receiving the necessary information and a school
3796	board's request for a determination, whether a proposed
3797	educational facility is consistent with the local comprehensive
3798	plan and consistent with local land development regulations. If
3799	the determination is affirmative, school construction may
3800	commence and further local government approvals are not
3801	required, except as provided in this section. Failure of the
3802	local governing body to make a determination in writing within
3803	90 days after a district school board's request for a
3804	determination of consistency shall be considered an approval of
3805	the district school board's application. Campus master plans and
3806	development agreements must comply with the provisions of ss.
3807	1013.30 and 1013.63.
3808	Section 30.  Section 1013.352, Florida Statutes, is created
3809	to read:
3810	1013.352  Charter School Incentive Program for Sustainable
3811	Schools.--
3812	(1)  There is hereby created the "Charter School Incentive
3813	Program for Sustainable Schools." Recognizing that there is an
3814	increasing deficit in educational facilities in this state, the
3815	Legislature believes that there is a need for creativeness in
3816	planning and development of additional educational facilities.
3817	To assist with the development of educational facilities, those
3818	charter schools whose charters are approved within 18 months
3819	after the effective date of this act shall be eligible for state
3820	funds under the following conditions:
3821	(a)  The charter school is created to address school over-
3822	capacity issues or growth demands within the county.
3823	(b)  A joint letter from the district school board and the
3824	charter school has been submitted with the proposed charter
3825	school charter that provides that the school board authorized
3826	the charter school as a result of school overcrowding or growth
3827	demands within the county and the school board requests that the
3828	requirement of s. 1013.62(1)(a)1. are waived.
3829	(c)  The charter school has received an in-kind
3830	contribution or equivalent from an outside source other than the
3831	district school board that has been, at a minimum, equally
3832	matched by the district school board.
3833
3834	Notwithstanding s. 1013.62(7), if the above conditions apply,
3835	the Commissioner of Education, in consultation with the
3836	Department of Community Affairs shall distribute up to $3
3837	million per charter school based upon the amount of the in-kind
3838	contribution or functional equivalent from an outside source
3839	that has been matched by the district school board or the
3840	contribution or functional equivalent by the district school
3841	board, whichever amount is greater, up to $3 million. Under no
3842	conditions may the Commissioner of Education distribute funds to
3843	a newly chartered charter school that has not received an in-
3844	kind contribution or equivalent from an outside source other
3845	than the district school board and which has not been, at a
3846	minimum, equally matched by the district school board.
3847	(2)  A newly created charter school that receives
3848	distribution of funds under this program shall not be eligible
3849	for charter schools outlay funding under s. 1013.62.
3850	Section 31.  Subsection (2) of section 1013.64, Florida
3851	Statutes, is amended to read:
3852	1013.64  Funds for comprehensive educational plant needs;
3853	construction cost maximums for school district capital
3854	projects.--Allocations from the Public Education Capital Outlay
3855	and Debt Service Trust Fund to the various boards for capital
3856	outlay projects shall be determined as follows:
3857	(2)(a)  The department shall establish, as a part of the
3858	Public Education Capital Outlay and Debt Service Trust Fund, a
3859	separate account, in an amount determined by the Legislature, to
3860	be known as the "Special Facility Construction Account." The
3861	Special Facility Construction Account shall be used to provide
3862	necessary construction funds to school districts which have
3863	urgent construction needs but which lack sufficient resources at
3864	present, and cannot reasonably anticipate sufficient resources
3865	within the period of the next 3 years, for these purposes from
3866	currently authorized sources of capital outlay revenue. A school
3867	district requesting funding from the Special Facility
3868	Construction Account shall submit one specific construction
3869	project, not to exceed one complete educational plant, to the
3870	Special Facility Construction Committee. No district shall
3871	receive funding for more than one approved project in any 3-year
3872	period. The first year of the 3-year period shall be the first
3873	year a district receives an appropriation. The department shall
3874	encourage a construction program that reduces the average size
3875	of schools in the district. The request must meet the following
3876	criteria to be considered by the committee:
3877	1.  The project must be deemed a critical need and must be
3878	recommended for funding by the Special Facility Construction
3879	Committee. Prior to developing plans for the proposed facility,
3880	the district school board must request a preapplication review
3881	by the Special Facility Construction Committee or a project
3882	review subcommittee convened by the committee to include two
3883	representatives of the department and two staff from school
3884	districts not eligible to participate in the program. Within 60
3885	days after receiving the preapplication review request, the
3886	committee or subcommittee must meet in the school district to
3887	review the project proposal and existing facilities. To
3888	determine whether the proposed project is a critical need, the
3889	committee or subcommittee shall consider, at a minimum, the
3890	capacity of all existing facilities within the district as
3891	determined by the Florida Inventory of School Houses; the
3892	district's pattern of student growth; the district's existing
3893	and projected capital outlay full-time equivalent student
3894	enrollment as determined by the department; the district's
3895	existing satisfactory student stations; the use of all existing
3896	district property and facilities; grade level configurations;
3897	and any other information that may affect the need for the
3898	proposed project.
3899	2.  The construction project must be recommended in the
3900	most recent survey or surveys by the district under the rules of
3901	the State Board of Education.
3902	3.  The construction project must appear on the district's
3903	approved project priority list under the rules of the State
3904	Board of Education.
3905	4.  The district must have selected and had approved a site
3906	for the construction project in compliance with s. 1013.36 and
3907	the rules of the State Board of Education.
3908	5.  The district shall have developed a district school
3909	board adopted list of facilities that do not exceed the norm for
3910	net square feet occupancy requirements under the State
3911	Requirements for Educational Facilities, using all possible
3912	programmatic combinations for multiple use of space to obtain
3913	maximum daily use of all spaces within the facility under
3914	consideration.
3915	6.  Upon construction, the total cost per student station,
3916	including change orders, must not exceed the cost per student
3917	station as provided in subsection (6).
3918	7.  There shall be an agreement signed by the district
3919	school board stating that it will advertise for bids within 30
3920	days of receipt of its encumbrance authorization from the
3921	department.
3922	8.  The district shall, at the time of the request and for
3923	a continuing period of 3 years, levy the maximum millage against
3924	their nonexempt assessed property value as allowed in s.
3925	1011.71(2) or shall raise an equivalent amount of revenue from
3926	the school capital outlay surtax authorized under s. 212.055(6).
3927	Any district with a new or active project, funded under the
3928	provisions of this subsection, shall be required to budget no
3929	more than the value of 1.5 mills per year to the project to
3930	satisfy the annual participation requirement in the Special
3931	Facility Construction Account.
3932	9.  If a contract has not been signed 90 days after the
3933	advertising of bids, the funding for the specific project shall
3934	revert to the Special Facility New Construction Account to be
3935	reallocated to other projects on the list. However, an
3936	additional 90 days may be granted by the commissioner.
3937	10.  The department shall certify the inability of the
3938	district to fund the survey-recommended project over a
3939	continuous 3-year period using projected capital outlay revenue
3940	derived from s. 9(d), Art. XII of the State Constitution, as
3941	amended, paragraph (3)(a) of this section, and s. 1011.71(2).
3942	11.  The district shall have on file with the department an
3943	adopted resolution acknowledging its 3-year commitment of all
3944	unencumbered and future revenue acquired from s. 9(d), Art. XII
3945	of the State Constitution, as amended, paragraph (3)(a) of this
3946	section, and s. 1011.71(2).
3947	12.  Final phase III plans must be certified by the board
3948	as complete and in compliance with the building and life safety
3949	codes prior to August 1.
3950	(b)  The department shall establish, as a part of the
3951	Public Education Capital Outlay and Debt Service Trust Fund, a
3952	separate account, in an amount determined by the Legislature, to
3953	be known as the "High Growth County Facility Construction
3954	Account." The account shall be used to provide necessary
3955	construction funds to high growth school districts which have
3956	urgent construction needs, but which lack sufficient resources
3957	at present and cannot reasonably anticipate sufficient resources
3958	within the period of the next 3 years, for these purposes from
3959	currently authorized sources of capital outlay revenue and local
3960	sources. A school district requesting funding from the account
3961	shall submit one specific construction project, not to exceed
3962	one complete educational plant, to the Special Facility
3963	Construction Committee. No district shall receive funding for
3964	more than one approved project in any 2-year period, provided
3965	that any grants received under this paragraph must be fully
3966	expended in order for a district to apply for additional funding
3967	under this paragraph and all Classrooms First funds have been
3968	allocated and expended by the district. The first year of the 2-
3969	year period shall be the first year a district receives an
3970	appropriation. The request must meet the following criteria to
3971	be considered by the committee:
3972	1.  The project must be deemed a critical need and must be
3973	recommended for funding by the Special Facility Construction
3974	Committee. Prior to developing plans for the proposed facility,
3975	the district school board must request a preapplication review
3976	by the Special Facility Construction Committee or a project
3977	review subcommittee convened by the committee to include two
3978	representatives of the department and two staff from school
3979	districts not eligible to participate in the program. Within 60
3980	days after receiving the preapplication review request, the
3981	committee or subcommittee must meet in the school district to
3982	review the project proposal and existing facilities. To
3983	determine whether the proposed project is a critical need, the
3984	committee or subcommittee shall consider, at a minimum, the
3985	capacity of all existing facilities within the district as
3986	determined by the Florida Inventory of School Houses; the
3987	district's pattern of student growth with priority given to
3988	those districts that have equaled or exceeded twice the
3989	statewide average in growth in capital outlay full-time
3990	equivalent students over the previous 4 fiscal years; the
3991	district's existing and projected capital outlay full-time
3992	equivalent student enrollment as determined by the department
3993	with priority given to these districts with 20,000 or more
3994	capital outlay full-time equivalent students; the district's
3995	existing satisfactory student stations; the use of all existing
3996	district property and facilities; grade level configurations;
3997	and any other information that may affect the need for the
3998	proposed project.
3999	2.  The construction project must be recommended in the
4000	most recent survey or surveys by the district under the rules of
4001	the State Board of Education.
4002	3.  The construction project includes either a recreational
4003	facility or media center that will be jointly used with a local
4004	government.
4005	4.  The construction project must appear on the district's
4006	approved project priority list under the rules of the State
4007	Board of Education.
4008	5.  The district must have selected and had approved a site
4009	for the construction project in compliance with the interlocal
4010	agreement with the appropriate local government, s. 1013.36, and
4011	the rules of the State Board of Education.
4012	6.  The district shall have developed a district school
4013	board adopted list of facilities that do not exceed the norm for
4014	net square feet occupancy requirements under the state
4015	requirements for educational facilities, using all possible
4016	programmatic combinations for multiple use of space to obtain
4017	maximum daily use of all spaces within the facility under
4018	consideration.
4019	7.  Upon construction, the total cost per student station,
4020	including change orders, must not exceed the cost per student
4021	station as provided in subsection (6).
4022	8.  There shall be an agreement signed by the district
4023	school board stating that it will advertise for bids within 30
4024	days after receipt of its encumbrance authorization from the
4025	department.
4026	9.  If a contract has not been signed 90 days after the
4027	advertising of bids, the funding for the specific project shall
4028	revert to the Special Facility Construction Account to be
4029	reallocated to other projects on the list. However, an
4030	additional 90 days may be granted by the commissioner.
4031	10.  Final phase III plans must be certified by the board
4032	as complete and in compliance with the building and life safety
4033	codes prior to August 1.
4034	(c)(b)  The Special Facility Construction Committee shall
4035	be composed of the following: two representatives of the
4036	Department of Education, a representative from the Governor's
4037	office, a representative selected annually by the district
4038	school boards, and a representative selected annually by the
4039	superintendents.
4040	(d)(c)  The committee shall review the requests submitted
4041	from the districts, evaluate the ability of the project to
4042	relieve critical needs, and rank the requests in priority order.
4043	This statewide priority list for special facilities construction
4044	shall be submitted to the Legislature in the commissioner's
4045	annual capital outlay legislative budget request at least 45
4046	days prior to the legislative session. For the initial year of
4047	the funding of the program outlined in paragraph (b), the
4048	Special Facility Construction Committee shall authorize the
4049	disbursement of funds appropriated by the Legislature for the
4050	purposes of the program funded by the High Growth County
4051	Facility Construction Account created in paragraph (b).
4052	Section 32.  School Concurrency Task Force.-
4053	(1)  The School Concurrency Task Force is created to review
4054	the requirements for school concurrency in law and make
4055	recommendations regarding streamlining the process and
4056	procedures for establishing school concurrency. The task force
4057	shall also examine the methodology and processes used for the
4058	funding of construction of public schools and make
4059	recommendations on revisions to provisions of law and rules
4060	which will help ensure that schools are built and available when
4061	the expected demands of growth produce the need for new school
4062	facilities.
4063	(2)  The task force shall be composed of 11 members. The
4064	membership must represent local governments, school boards,
4065	developers and homebuilders, the business community, the
4066	agriculture community, the environmental community, and other
4067	appropriate stakeholders. The task force shall include two
4068	members appointed by the Governor, two members appointed by the
4069	President of the Senate, two members appointed by the Speaker of
4070	the House of Representatives, one member appointed by the
4071	Florida School Boards Association, one member appointed by the
4072	Florida Association of Counties, and one member appointed by the
4073	Florida League of Cities. The Secretary of the Department of
4074	Community Affairs, or a senior management designee, and the
4075	Commissioner of Education, or a senior management designee,
4076	shall also be ex officio nonvoting members on the task force.
4077	(3)  The task force shall report to the Governor, the
4078	President of the Senate, and the Speaker of the House of
4079	Representatives no later than December 1, 2005, with specific
4080	recommendations for revisions to provisions of law and rules.
4081	Section 33.  Florida Impact Fee Review Task Force.--
4082	(1)  The Legislature recognizes that impact fees have been
4083	an important source of revenues to local governments to fund new
4084	growth. Local governments have assumed this responsibility under
4085	their constitutional home rule authority. With the increased use
4086	of impact fees, questions have arisen about whether their use
4087	should be regulated by law.
4088	(2)  Effective upon this act becoming law, the Florida
4089	Impact Fee Review Task Force is created.
4090	(3)(a)  The task force is to be composed of the following
4091	15 members, who shall be appointed within 30 days after the
4092	effective date of this section.
4093	1.  Eleven members selected by the Governor, none of whom
4094	may be a member of the Legislature at the time of the
4095	appointment, as follows: two members of a county commission, two
4096	members of a city commission or council, two members of a local
4097	school board, two members of the development community, and two
4098	members of the homebuilding community. The Governor shall
4099	designate one additional appointee as chairman.
4100	2.  One Senator appointed by the President of the Senate,
4101	and one member of the House of Representatives appointed by the
4102	Speaker of the House of Representatives, who shall be ex
4103	officio, nonvoting members.
4104	3.  One citizen appointed by the President of the Senate,
4105	and one citizen appointed by the Speaker of the House of
4106	Representatives. The citizen appointees shall have no current or
4107	past direct relationship to local government, school boards, or
4108	the development or homebuilding industries.
4109	4.  The Secretary of the Department of Community Affairs or
4110	his designee is to serve as an ex officio, nonvoting member.
4111	(4)(a)  The task force shall act as an advisory body to the
4112	Governor and the Legislature.
4113	(b)  The task force shall convene its initial meeting
4114	within 60 days after the effective date of this section and
4115	thereafter at the call of its chair.
4116	(c)  Task Force members shall not receive remuneration for
4117	their services, but are entitled to reimbursement by the
4118	Legislative Committee on Intergovernmental Relations for travel
4119	and per diem expenses in accordance with s. 112.061, Florida
4120	Statutes.
4121	(5)  The Task Force shall survey and review current use of
4122	impact fees as a method of financing local infrastructure to
4123	accommodate new growth and current case law controlling the use
4124	of impact fees. To the extent feasible, the review is to include
4125	consideration of the following:
4126	(a)  Local government criteria and methodology used for the
4127	determination of the amount of impact fees.
4128	(b)  Application and relative burden of impact fees in
4129	different areas of the state in relation to other methods of
4130	financing new infrastructure.
4131	(c)  The range of use of impact fees as a percentage of the
4132	total capital costs for infrastructure needs created by new
4133	development.
4134	(d)  The methods used by local governments for the
4135	accounting and reporting of the collection and expenditure of
4136	all impact fees.
4137	(e)  Notice provisions prior to adoption and the effective
4138	date of local ordinances creating a new impact fee or increasing
4139	an existing impact fee.
4140	(f)  Interlocal agreements between counties and cities to
4141	allocate impact fee proceeds between them.
4142	(g)  Requirements and options related to timing of impact
4143	fees payments.
4144	(h)  The importance of impact fees to the ability of local
4145	government to fund infrastructure needed to mitigate the impacts
4146	of development and meet statutory requirements for concurrency.
4147	(i)  Methods used by local governments to ameliorate the
4148	effect of impact fee costs on affordable housing.
4149	(6)  The task force shall report to the Governor, the
4150	President of the Senate, and the Speaker of the House of
4151	Representatives by February 1, 2006. The report shall include
4152	the task force's recommendations regarding:
4153	(a)  Whether there is a need for statutory direction on the
4154	methodology and data used to calculate impact fees.
4155	(b)  Whether there should be statutory direction on
4156	payment, exemption, or waiver of impact fees for affordable
4157	housing.
4158	(c)  Whether there should be statutory direction on the
4159	accounting and reporting of the collection and expenditure of
4160	all impact fees.
4161	(d)  Whether there is a need for statutory direction on the
4162	notice given in advance of the effective date of a new or
4163	amended impact fee ordinance.
4164	(e)  Whether there is a need for statutory direction on the
4165	sharing of impact fees between counties and cities.
4166	(f)  Whether there is a need for statutory direction on the
4167	timing of payment of impact fees.
4168	(g)  Any other recommendation the Task Force deems
4169	appropriate.
4170
4171	If the task force makes a recommendation for statutory
4172	direction, the report shall also contain the task force's
4173	recommendation for statutory changes.
4174	(7)  The Legislative Committee on Intergovernmental
4175	Relations shall serve as staff to the task force and is
4176	authorized to employ technical support and expend funds
4177	appropriated to the committee for carrying out the official
4178	duties of the task force. All state agencies are directed to
4179	cooperate with and assist the task force to the fullest extent
4180	possible. All local governments are encouraged to assist and
4181	cooperate with the commission as necessary.
4182	Section 34.  Sections 163.31776 and 339.2817, Florida
4183	Statutes, are repealed.
4184	Section 35.  Beginning in fiscal year 2005-2006, the
4185	Department of Transportation shall allocate sufficient funds to
4186	implement the transportation provisions of the Sustainable
4187	Florida Act of 2005. The department shall develop a plan to
4188	expend these revenues and amend the current tentative work
4189	program for the time period 2005-2006. In addition, prior to
4190	work program adoption, the department shall submit a budget
4191	amendment pursuant to s. 339.135(7), Florida Statutes. The
4192	department shall provide a report to the President of the Senate
4193	and the Speaker of the House of Representative by February 1,
4194	2006, identifying the program adjustments it has made consistent
4195	with the provisions of the Sustainable Florida Transportation
4196	Program.
4197	Section 36.  Effective July 1, 2005, the sum of $433.25
4198	million from non-recurring General Revenue is appropriated to
4199	the State Transportation Trust Fund in the Department of
4200	Transportation to be allocated as follows:
4201	(1)  The sum of $100 million for the State-funded
4202	Infrastructure Bank pursuant to s. 339.55, Florida Statutes, to
4203	be available as loans for local government projects consistent
4204	with the provisions of the Transportation Incentive Program for
4205	a Sustainable Florida
4206	(2)  The sum of $333.25 million for Transportation
4207	Incentive Program for a Sustainable Florida pursuant to s.
4208	339.28171, Florida Statutes.
4209	Section 37.  Funding for Sustainable Water
4210	Supplies.--Effective July 1, 2005, the sum of $100 million from
4211	recurring general revenue for distribution pursuant to s.
4212	373.19615, Florida Statutes. The sum of $50 million from
4213	nonrecurring general revenue is appropriated to the Department
4214	of Environmental Protection for distribution pursuant to s.
4215	373.19616, Florida Statutes.
4216	Section 38.  Funding for Sustainable Schools.--In order to
4217	provide for innovative approaches to meet school capacity
4218	demands, effective July 1, 2005, the sum of $80 million is
4219	transferred from recurring general revenue to the Public
4220	Education Capital Outlay and Debt Service Trust Fund in the
4221	Department of Education to be used as follows:
4222	(1)  The sum of $35 million from recurring funds in the
4223	Public Education Capital Outlay and Debt Service Trust Fund
4224	shall be used for the Charter School Incentive Program for
4225	Sustainable Schools created pursuant to section 1013.352,
4226	Florida Statutes.
4227	(2)  The sum of $15 million from recurring funds in the
4228	Public Education Capital Outlay and Debt Service Trust Fund
4229	shall be used for educational facilities benefit districts as
4230	provided in s. 1013.356(3), Florida Statutes, as follows: for
4231	construction and capital maintenance costs not covered by the
4232	funds provided under s. 1013.356(1), Florida Statutes, in fiscal
4233	year 2005-2006, an amount contributed by the state equal to 25
4234	percent of the remaining costs of construction and capital
4235	maintenance of the educational facilities, up to $2 million. Any
4236	construction costs above the cost-per-student criteria
4237	established for the SIT Program in s. 1013.72(2), Florida
4238	Statutes, shall be funded exclusively by the educational
4239	facilities benefit district or the community development
4240	district. Funds contributed by a district school board shall not
4241	be used to fund operational costs. Funds not committed by March
4242	31, 2006, revert to the Charter School Incentive Program for
4243	Sustainable Schools created pursuant to s. 1013.352, Florida
4244	Statutes.
4245	(3)  The sum of $30 million from recurring funds in the
4246	Public Education Capital Outlay and Debt Service Trust Fund
4247	shall be transferred annually from the Public Education Capital
4248	Outlay and Debt Service Trust Fund to the High Growth County
4249	Facility Construction Account.
4250
4251	Notwithstanding the requirements of ss. 1013.64 and 1013.65,
4252	Florida Statutes, these moneys may not be distributes as part of
4253	the comprehensive plan for the Public Education Capital Outlay
4254	and Debt Service Trust Fund.
4255	Section 39.  (1)  Effective July 1, 2005, the sum of
4256	$85,618,291 is appropriated from nonrecurring general revenue
4257	for the Classrooms for Kids Program pursuant to s. 1013.735,
4258	Florida Statutes.
4259	(2)  Effective July 1, 2005, the sum of $181,131,709 is
4260	appropriated from nonrecurring general revenue to assist school
4261	districts in meeting the school concurrency provisions under
4262	this act. Such funds shall be distributed to school districts
4263	under the formula pursuant to s. 1013.735(1), Florida Statutes
4264	Section 40.  Statewide Technical Assistance for a
4265	Sustainable Florida.--In order to assist local governments and
4266	school boards to implement the provisions of this act, effective
4267	July 1, 2005, the sum of $3 million is appropriated from
4268	recurring general revenue to the Department of Community
4269	Affairs. The department shall provide a report to the Governor,
4270	the President of the Senate, and the Speaker of the House of
4271	Representatives by February 1, 2006, on the progress made toward
4272	implementing this act and a recommendation of whether additional
4273	funds should be appropriated to provide additional technical
4274	assistance to implement this act.
4275	Section 41.  Effective July 1, 2005, the sum of $250,000 is
4276	appropriated from recurring general revenue to the Department of
4277	Community Affairs to provide the necessary staff and other
4278	assistance to the Century Commission for a Sustainable Florida
4279	required by section 11.
4280	Section 42.  If any provision of this act or its
4281	application to any person or circumstance is held invalid, the
4282	invalidity does not affect other provisions or applications of
4283	the act which can be given effect without the invalid provision
4284	or application, and to this end the provisions of this act are
4285	severable.
4286	Section 43.  This act shall take effect July 1, 2005.
4287
4288	================= T I T L E  A M E N D M E N T =================
4289	Remove the entire title and insert:
4290	A bill to be entitled
4291	An act relating to growth management incentives; providing
4292	a popular name; amending s. 163.3164, F.S.; revising a
4293	definition to conform; defining the term "financial
4294	feasibility"; creating s. 163.3172, F.S.; providing
4295	legislative determinations; limiting the effect of certain
4296	charter county charter provisions, ordinances, or land
4297	development regulations relating to urban infill and
4298	redevelopment under certain circumstances; requiring a
4299	referendum; providing referendum requirements; amending s.
4300	163.3177, F.S.; revising criteria for the capital
4301	improvements element of comprehensive plans; providing for
4302	subjecting certain local governments to sanctions by the
4303	Administration Commission under certain circumstances;
4304	deleting obsolete provisions; requiring local governments
4305	to adopt a transportation concurrency management system by
4306	ordinance; requiring inclusion of alternative water supply
4307	projects; providing a methodology requirement; requiring
4308	the Department of Transportation to develop a model
4309	transportation concurrency management ordinance;
4310	specifying ordinance assessment authority; providing
4311	additional requirements for a general water element of
4312	comprehensive plans; revising public educational
4313	facilities element requirements; revising requirements for
4314	rural land stewardship areas; exempting rural land
4315	stewardship areas from developments of regional impact
4316	provisions; requiring counties and municipalities to adopt
4317	consistent public school facilities and enter into certain
4318	interlocal agreements; authorizing the state land planning
4319	agency to grant waivers under certain circumstances;
4320	providing additional requirements for public school
4321	facilities elements of comprehensive plans; requiring the
4322	state land planning agency to adopt phased schedules for
4323	adopting a public school facilities element; providing
4324	requirements; providing requirements; providing conditions
4325	for prohibiting local governments from certain adopting
4326	amendments to the comprehensive plan; authorizing the
4327	state land planning agency to issue schools certain show
4328	cause notices for certain purposes; providing for imposing
4329	sanctions on a school board under certain circumstances;
4330	providing requirements; encouraging local governments to
4331	develop a community vision for certain purposes; providing
4332	for assistance by regional planning councils; providing
4333	for local government designation of urban service
4334	boundaries; providing requirements; amending s. 163.31777,
4335	F.S.; applying public schools interlocal agreement
4336	provisions to school boards and nonexempt municipalities;
4337	deleting a scheduling requirement for public schools
4338	interlocal agreements; providing additional requirements
4339	for updates and amendments to such interlocal agreements;
4340	revising procedures for public school elements
4341	implementing school concurrency; revising exemption
4342	criteria for certain municipalities; amending s. 163.3180,
4343	F.S.; including schools and water supplies under
4344	concurrency provisions; revising a transportation
4345	facilities scheduling requirement; requiring local
4346	governments and the Department of Transportation to
4347	cooperatively establish a plan for maintaining certain
4348	level-of-service standards for certain facilities within
4349	certain areas; requiring local governments to consult with
4350	the department to make certain impact assessments relating
4351	to concurrency management areas and multimodal
4352	transportation districts; revising criteria for local
4353	government authorization to grant exceptions from
4354	concurrency requirements for transportation facilities;
4355	providing for waiving certain transportation facilities
4356	concurrency requirements for certain projects under
4357	certain circumstances; providing criteria and
4358	requirements; revising provisions authorizing local
4359	governments to adopt long-term transportation management
4360	systems to include long-term school concurrency management
4361	systems; revising requirements; requiring periodic
4362	evaluation of long-term concurrency systems; providing
4363	criteria; revising requirements for roadway facilities on
4364	the Strategic Intermodal System; providing additional
4365	level-of-service standards requirements; revising
4366	requirements for developing school concurrency; requiring
4367	adoption of a public school facilities element for
4368	effectiveness of a school concurrency requirement;
4369	providing an exception; revising service area requirements
4370	for concurrency systems; requiring local governments to
4371	apply school concurrency on a less than districtwide basis
4372	under certain circumstances for certain purposes; revising
4373	provisions prohibiting a local government from denying a
4374	development order or a functional equivalent authorizing
4375	residential developments under certain circumstances;
4376	specifying conditions for satisfaction of school
4377	concurrency requirements by a developer; providing for
4378	mediation of disputes; specifying options for
4379	proportionate-share mitigation of impacts on public school
4380	facilities; providing criteria and requirements; providing
4381	legislative intent relating to mitigation of impacts of
4382	development on transportation facilities; authorizing
4383	local governments to create mitigation banks for
4384	transportation facilities for certain purposes; providing
4385	requirements; specifying conditions for satisfaction of
4386	transportation facilities concurrency by a developer;
4387	providing for mitigation; providing for mediation of
4388	disputes; providing criteria for transportation mitigation
4389	contributions; providing for enforceable development
4390	agreements for certain projects; specifying conditions for
4391	satisfaction of concurrency requirements of a local
4392	comprehensive plan by a development; amending s. 163.3184,
4393	F.S.; correcting cross references; authorizing instead of
4394	requiring the state land planning agency to review plan
4395	amendments; amending s. 163.3187, F.S.; providing
4396	additional criteria for small scale amendments to adopted
4397	comprehensive plans; providing an additional exception to
4398	a limitation on amending an adopted comprehensive plan by
4399	certain municipalities; providing procedures and
4400	requirements; providing for notice and public hearings;
4401	correcting a cross reference; providing for
4402	nonapplication; amending s. 163.3191, F.S.; revising
4403	requirements for evaluation and assessment of the
4404	coordination of a comprehensive plan with certain schools;
4405	providing additional assessment criteria for certain
4406	counties and municipalities; requiring certain counties
4407	and municipalities to adopt appropriate concurrency goals,
4408	objectives, and policies in plan amendments under certain
4409	circumstances; revising reporting requirements for
4410	evaluation and assessment of water supply sources;
4411	providing for a prohibition on plan amendments for failure
4412	to timely adopt updating comprehensive plan amendments;
4413	creating s. 163.3247, F.S.; providing a popular name;
4414	providing legislative findings and intent; creating the
4415	Century Commission for a Sustainable Florida for certain
4416	purposes; providing for appointment of commission members;
4417	providing for terms; providing for meetings and votes of
4418	members; requiring members to serve without compensation;
4419	providing for per diem and travel expenses; providing
4420	powers and duties of the commission; requiring the
4421	creation of a joint select committee of the Legislature;
4422	providing purposes; requiring the Secretary of Community
4423	Affairs to select an executive director of the commission;
4424	requiring the Department of Community Affairs to provide
4425	staff for the commission; providing for other agency staff
4426	support for the commission; amending s. 201.15, F.S.;
4427	providing for an alternative distribution to the State
4428	Transportation Trust Fund of certain revenues from the
4429	excise tax on documents remaining after certain prior
4430	distributions; amending s. 215.211, F.S.; providing for
4431	deposit of certain service charge revenues into the State
4432	Transportation Trust Fund to be used for certain purposes;
4433	amending ss. 337.107 and 337.11, F.S.; revising
4434	authorization for the Department of Transportation to
4435	contract for right-of-way services; providing additional
4436	requirements; providing for a two year effect; amending s.
4437	339.08, F.S.; specifying an additional use for moneys in
4438	the State  Transportation Trust Fund; amending s. 339.135,
4439	F.S.; revising provisions relating to funding and
4440	developing a tentative work program; amending s. 339.155,
4441	F.S.; providing additional requirements for development of
4442	regional transportation plans in certain areas pursuant to
4443	interlocal agreements; requiring the department to develop
4444	a model interlocal agreement; providing requirements;
4445	amending s. 339.175, F.S.; revising requirements for
4446	metropolitan planning organizations and transportation
4447	improvement programs; creating s. 339.28171, F.S.;
4448	creating the Transportation Incentive Program for a
4449	Sustainable Florida; providing program requirements;
4450	requiring the Department of Transportation to develop
4451	criteria to assist local governments in evaluating
4452	concurrency management system backlogs; specifying
4453	criteria requirements; providing requirements for local
4454	governments; specifying percentages and requirements for
4455	apportioning matching funds among grant applicants;
4456	authorizing the department to administer contracts as
4457	requested by local governments; amending s. 339.2818,
4458	F.S.; revising criteria and requirement for the Small
4459	County Outreach Program to conform; creating s. 339.2820,
4460	F.S.; creating the Off-System Bridge Program for
4461	Sustainable Transportation within the Department of
4462	Transportation for certain purposes; providing for funding
4463	certain project costs; requiring the department to
4464	allocate funding for the program for certain projects;
4465	specifying criteria for projects to be funded from the
4466	program; amending s. 339.55, F.S.; revising funding
4467	authorization for the state-funded infrastructure bank ;
4468	creating s. 373.19615, F.S.; creating the Florida's
4469	Sustainable Water Supplies Program; providing funding
4470	requirements for local government development of
4471	alternative water supply projects; providing for
4472	allocation of funds to water management districts;
4473	providing definitions; specifying factors to consider in
4474	funding certain projects; providing funding requirements;
4475	requiring the Department of Environmental Protection to
4476	establish factors for granting financial assistance to
4477	eligible projects; creating s. 373.19616, F.S.; creating
4478	the Water Transition Assistance Program to establish a
4479	low-interest revolving loan program for infrastructure
4480	financing for alternative water supplies; providing
4481	legislative declarations; providing definitions;
4482	authorizing the Department of Environmental Protection to
4483	make loans to local governments for certain purposes;
4484	authorizing local governments to borrow funds and pledge
4485	revenues for repayment; providing loan limitations;
4486	authorizing the department to adopt certain rules;
4487	requiring the department to prepare an annual report on
4488	such financial assistance; providing loan approval
4489	requirements for local governments; authorizing the
4490	department to conduct or require audits; authorizing the
4491	department to require reasonable loan service fees;
4492	providing limitations; providing requirements for
4493	financial assistance funding; providing for enforcement of
4494	loan defaults; authorizing the department to impose
4495	penalties for delinquent loan payments; authorizing the
4496	department to terminate financial assistance agreements
4497	under certain circumstances; amending s. 373.223, F.S.;
4498	providing a presumption of consistency for certain
4499	alternative water supply uses; amending s. 380.06, F.S.;
4500	providing additional exemptions from development of
4501	regional impact provisions for certain projects in
4502	proposed developments or redevelopments within an area
4503	designated in a comprehensive plan and for proposed
4504	developments within certain rural land stewardship areas;
4505	authorizing certain municipalities to adopt an ordinance
4506	imposing a fee on certain applicants for certain purposes;
4507	specifying fee uses; providing a limitation; amending s.
4508	380.115, F.S.; revising provisions relating to preserving
4509	vested rights and duties under development of regional
4510	impact guidelines and standards; revising procedures and
4511	requirements for governance and rescission of development-
4512	of-regional-impact development orders under changing
4513	guidelines and standards; requiring the Office of Program
4514	Policy Analysis and Government Accountability to conduct a
4515	study on adjustments to boundaries of regional planning
4516	councils, water management districts, and transportation
4517	districts; providing purposes; requiring a study report to
4518	the Governor and Legislature; amending s. 1013.33, F.S.;
4519	revising provisions relating to coordination of
4520	educational facilities planning pursuant to certain
4521	interlocal agreements; revising procedures and
4522	requirements for updated agreements and agreement
4523	amendments; creating s. 1013.352, F.S.; creating a Charter
4524	School Incentive Program for Sustainable Schools;
4525	providing purposes; specifying conditions for eligibility
4526	for state funds; authorizing the Commissioner of Education
4527	to waive certain requirements and distribute certain funds
4528	to charter schools under certain circumstances;
4529	prohibiting the commissioner from distributing funds to
4530	certain schools under certain circumstances; providing for
4531	ineligibility of certain schools for charter school outlay
4532	funding under certain circumstances; amending s. 1013.64,
4533	F.S.; requiring the Department of Education to establish a
4534	the High Growth County Facility Construction Account as a
4535	separate account within the Public Education Capital
4536	Outlay and Debt Service Trust Fund for certain purposes;
4537	specifying requirements for funding from the account;
4538	creating the School Concurrency Task Force; providing
4539	purposes; providing for membership; requiring a report to
4540	the Governor and Legislature; creating the Florida Impact
4541	Fee Review Task Force; providing legislative findings;
4542	providing for membership; providing for meetings;
4543	providing duties and responsibilities of the task force;
4544	prohibiting compensation of the task force; providing for
4545	per diem and travel expenses; requiring a report to the
4546	Governor and Legislature; specifying report contents;
4547	requiring the Legislative Committee on Intergovernmental
4548	Relations to serve as staff; repealing s. 163.31776, F.S.,
4549	relating to the public educational facilities element;
4550	repealing s. 339.2817, F.S., relating to the County
4551	Incentive Grant Program; requiring the Department of
4552	Transportation to allocate sufficient funds so implement
4553	the transportation provisions of the act; requiring the
4554	department to develop a plan to expend revenues and amend
4555	the current work program; requiring the department to
4556	submit a budget amendment for certain purposes; requiring
4557	a report to the Legislature; providing for funding for
4558	sustainable water supplies; providing an appropriation;
4559	providing for allocation of the appropriation; specifying
4560	uses of appropriations; providing for funding for
4561	sustainable schools; providing an appropriation; providing
4562	for allocation of the appropriation; specifying uses of
4563	the appropriation; providing for Statewide Technical
4564	Assistance for a Sustainable Florida; providing an
4565	appropriation; specifying uses; requiring the Department
4566	of Community Affairs to report to the Governor and
4567	Legislature; specifying report requirements; providing an
4568	appropriation to the Department of Community Affairs for
4569	certain staffing purposes; providing severability;
4570	providing an effective date.
4571
4572	WHEREAS, the Legislature finds and declares that the
4573	state's population has increased by approximately 3 million
4574	individuals each decade since 1970 to nearly 16 million
4575	individuals in 2000, and
4576	WHEREAS, increased populations have resulted in greater
4577	density concentrations in many areas around the state and
4578	created growth issues that increasingly overlap multiple local
4579	government jurisdictional and state agency district boundaries,
4580	and
4581	WHEREAS, development patterns throughout areas of the
4582	state, in conjunction with the implementation of growth
4583	management policies, have increasingly caused urban flight which
4584	has resulted in urban sprawl and cause capacity issues related
4585	to transportation facilities, public educational facilities, and
4586	water supply facilities, and
4587	WHEREAS, the Legislature recognizes that urban infill and
4588	redevelopment is a high state priority, and
4589	WHEREAS, consequently, the Legislature determines it in the
4590	best interests of the people of the state to undertake action to
4591	address these issues and work towards a sustainable Florida
4592	where facilities are planned and available concurrent with
4593	existing and projected demands while protecting Florida's
4594	natural and environmental resources, rural and agricultural
4595	resources, and maintaining a viable and sustainable economy, and
4596	WHEREAS, the Legislature enacts measures in the law and
4597	earmarks funds for the 2005-2006 fiscal year intended to result
4598	in a reemphasis on urban infill and redevelopment, achieving and
4599	maintaining concurrency with transportation and public
4600	educational facilities, and instilling a sense of
4601	intergovernmental cooperation and coordination, and
4602	WHEREAS, the Legislature will establish a standing
4603	commission tasked with helping Floridians envision and plan
4604	their collective future with an eye towards both 25-year and 50-
4605	year horizons, NOW, THEREFORE,

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