Amendment
Bill No. 1865

Amendment No. 699673

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

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