HB 1865

CS

CHAMBER ACTION

1	The Transportation & Economic Development Appropriations
2	Committee recommends the following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to growth management incentives; providing
8	a popular name; amending s. 20.18, F.S.; changing the name
9	of the Department of Community Affairs to the Department
10	of Community Assistance; amending s. 163.3164, F.S.;
11	revising a definition to conform; defining the term
12	"financial feasibility"; creating s. 163.3172, F.S.;
13	providing legislative determinations; limiting the effect
14	of certain charter county charter provisions, ordinances,
15	or land development regulations under certain
16	circumstances; amending s. 163.3177, F.S.; revising
17	criteria for the capital improvements element of
18	comprehensive plans; providing for subjecting certain
19	local governments to sanctions by the Administration
20	Commission under certain circumstances; requiring certain
21	local governments to adopt a long-term capital
22	improvements schedule to a long-term concurrency
23	management system and annually update such schedule;
24	deleting obsolete provisions; requiring local governments
25	to adopt a transportation concurrency management system by
26	ordinance; providing a methodology requirement; requiring
27	the Department of Transportation to develop a model
28	transportation concurrency management ordinance;
29	specifying ordinance assessment authority; providing
30	additional requirements for a general water element of
31	comprehensive plans; requiring a work plan; specifying
32	cooperation between certain entities relating to
33	developing water supply facilities; revising public
34	educational facilities element requirements; revising
35	requirements for rural land stewardship areas; exempting
36	rural land stewardship areas from developments of regional
37	impact provisions; requiring counties and municipalities
38	to adopt consistent public school facilities and enter
39	into certain interlocal agreements; authorizing the state
40	land planning agency to grant waivers under certain
41	circumstances; providing additional requirements for
42	public school facilities elements of comprehensive plans;
43	requiring the state land planning agency to adopt phased
44	schedules for adopting a public school facilities element;
45	providing requirements; encouraging local governments to
46	develop a community vision for certain purposes; providing
47	for assistance by regional planning councils; amending s.
48	163.31777, F.S.; deleting a scheduling requirement for
49	public schools interlocal agreements; providing additional
50	requirements for such interlocal agreements; revising
51	procedures for public school elements implementing school
52	concurrency; revising exemption criteria for certain
53	municipalities; amending s. 163.3180, F.S.; including
54	schools and water supplies under concurrency provisions;
55	revising a transportation facilities scheduling
56	requirement; requiring local governments and the
57	Department of Transportation to cooperatively establish a
58	plan for maintaining certain level-of-service standards
59	for certain facilities within certain areas; revising
60	criteria for local government authorization to grant
61	exceptions from concurrency requirements for
62	transportation facilities; providing for waiving certain
63	transportation facilities concurrency requirements for
64	certain projects under certain circumstances; providing
65	criteria and requirements; revising provisions authorizing
66	local governments to adopt long-term transportation
67	management systems to include long-term school concurrency
68	management systems; revising requirements; requiring
69	periodic evaluation of long-term concurrency systems;
70	providing criteria; revising requirements for roadway
71	facilities on the Strategic Intermodal System; providing
72	additional level-of-service standards requirements;
73	revising requirements for developing school concurrency;
74	requiring adoption of a public school facilities element
75	for effectiveness of a school concurrency requirement;
76	providing an exception; revising service area requirements
77	for concurrency systems; requiring local governments to
78	apply school concurrency on a less than districtwide basis
79	under certain circumstances for certain purposes; revising
80	provisions prohibiting a local government from denying a
81	development order or a functional equivalent authorizing
82	residential developments under certain circumstances;
83	specifying conditions for satisfaction of school
84	concurrency requirements by a developer; providing for
85	mediation of disputes; specifying options for
86	proportionate-share mitigation of impacts on public school
87	facilities; providing criteria and requirements; providing
88	legislative intent relating to mitigation of impacts of
89	development on transportation facilities; authorizing
90	local governments to create mitigation banks for
91	transportation facilities for certain purposes; providing
92	requirements; specifying conditions for satisfaction of
93	transportation facilities concurrency by a developer;
94	providing for mitigation; providing for mediation of
95	disputes; providing criteria for transportation mitigation
96	contributions; providing for enforceable development
97	agreements for certain projects; specifying conditions for
98	satisfaction of concurrency requirements of a local
99	comprehensive plan by a development; amending s. 163.3184,
100	F.S.; authorizing instead of requiring the state land
101	planning agency to review plan amendments; amending s.
102	163.3187, F.S.; providing an additional exception to a
103	limitation on amending an adopted comprehensive plan by
104	certain local governments; providing procedures and
105	requirements; providing for notice and public hearings;
106	providing for nonapplication; amending s. 163.3191, F.S.;
107	revising requirements for evaluation and assessment of the
108	coordination of a comprehensive plan with certain schools;
109	providing additional assessment criteria for certain
110	counties and municipalities; requiring certain counties
111	and municipalities to adopt appropriate concurrency goals,
112	objectives, and policies in plan amendments under certain
113	circumstances; revising reporting requirements for
114	evaluation and assessment of water supply sources;
115	providing for a prohibition on plan amendments for failure
116	to timely adopt updating comprehensive plan amendments;
117	creating s. 163.3247, F.S.; providing a popular name;
118	providing legislative findings and intent; creating the
119	Century Commission for a Sustainable Florida for certain
120	purposes; providing for appointment of commission members;
121	providing for terms; providing for meetings and votes of
122	members; requiring members to serve without compensation;
123	providing for per diem and travel expenses; providing
124	powers and duties of the commission; requiring the
125	creation of a joint select committee of the Legislature;
126	providing purposes; requiring the Secretary of Community
127	Assistance to select an executive director of the
128	commission; requiring the Department of Community
129	Assistance to provide staff for the commission; providing
130	for other agency staff support for the commission;
131	amending s. 339.135, F.S.; revising provisions relating to
132	funding and developing a tentative work program; creating
133	s. 339.28171, F.S.; creating the Local Government
134	Concurrency Program for a Sustainable Florida; providing
135	program requirements; requiring the Department of
136	Transportation to develop criteria to assist local
137	governments in evaluating concurrency management system
138	backlogs; specifying criteria requirements; providing
139	requirements for local governments; specifying percentages
140	for apportioning matching funds among grant applicants;
141	authorizing the department to adopt rules to administer
142	the program; creating s. 339.2820, F.S.; creating the Off-
143	System Bridge Program for Sustainable Transportation
144	within the Department of Transportation for certain
145	purposes; providing for funding certain project costs;
146	requiring the department to allocate funding for the
147	program for certain projects; specifying criteria for
148	projects to be funded from the program; amending s.
149	380.06, F.S.; providing additional exemptions from
150	development of regional impact provisions for certain
151	projects in proposed developments or redevelopments within
152	an area designated in a comprehensive plan and for
153	proposed developments within certain rural land
154	stewardship areas; requiring the Office of Program Policy
155	Analysis and Government Accountability to conduct a study
156	on adjustments to boundaries of regional planning
157	councils, water management districts, and transportation
158	districts; providing purposes; requiring a study report to
159	the Governor and Legislature; creating s. 1013.352, F.S.;
160	creating a Charter School Incentive Program for
161	Sustainable Schools; providing purposes; specifying
162	conditions for eligibility for state funds; authorizing
163	the Commissioner of Education to waive certain
164	requirements and distribute certain funds to charter
165	schools under certain circumstances; prohibiting the
166	commissioner from distributing funds to certain schools
167	under certain circumstances; repealing s. 163.31776, F.S.,
168	relating to the public educational facilities element;
169	providing appropriations; specifying uses of
170	appropriations; providing for Small County Technical
171	Assistance for a Sustainable Florida; providing an
172	appropriation; providing uses; requiring the Department of
173	Community Assistance to report to the Governor and
174	Legislature; specifying report requirements; requiring the
175	Division of Statutory Revision of the Office of
176	Legislative Services to develop proposed legislation to
177	change references in the Florida Statutes to the
178	Department of Community Affairs to the Department of
179	Community Assistance; providing an effective date.
180
181	WHEREAS, the Legislature finds and declares that the
182	state's population has increased by approximately 3 million
183	individuals each decade since 1970 to nearly 16 million
184	individuals in 2000, and
185	WHEREAS, increased populations have resulted in greater
186	density concentrations in many areas around the state and
187	created growth issues that increasingly overlap multiple local
188	government jurisdictional and state agency district boundaries,
189	and
190	WHEREAS, development patterns throughout areas of the
191	state, in conjunction with the implementation of growth
192	management policies, have increasingly caused urban flight which
193	has resulted in urban sprawl and cause capacity issues related
194	to transportation facilities, public educational facilities, and
195	water supply facilities, and
196	WHEREAS, the Legislature recognizes that urban infill and
197	redevelopment is a high state priority, and
198	WHEREAS, consequently, the Legislature determines it in the
199	best interests of the people of the state to undertake action to
200	address these issues and work towards a sustainable Florida
201	where facilities are planned and available concurrent with
202	existing and projected demands while protecting Florida's
203	natural and environmental resources, rural and agricultural
204	resources, and maintaining a viable and sustainable economy, and
205	WHEREAS, the Legislature enacts measures in the law and
206	earmarks funds for the 2005-2006 fiscal year intended to result
207	in a reemphasis on urban infill and redevelopment, achieving and
208	maintaining concurrency with transportation and public
209	educational facilities, and instilling a sense of
210	intergovernmental cooperation and coordination, and
211	WHEREAS, the Legislature will establish a standing
212	commission tasked with helping Floridians envision and plan
213	their collective future with an eye towards both 25-year and 50-
214	year horizons, NOW, THEREFORE,
215
216	Be It Enacted by the Legislature of the State of Florida:
217
218	Section 1.  Popular name.--This act may be cited as the
219	"Sustainable Florida Act of 2005."
220	Section 2.  Subsections (1), (2), (3), (5), and (6) of
221	section 20.18, Florida Statutes, are amended to read:
222	20.18  Department of Community Assistance Affairs.--There
223	is created a Department of Community Assistance Affairs.
224	(1)  The head of the Department of Community Assistance
225	Affairs is the Secretary of Community Assistance Affairs. The
226	secretary shall be appointed by the Governor subject to
227	confirmation by the Senate. The secretary shall serve at the
228	pleasure of the Governor.
229	(2)  The following units of the Department of Community
230	Assistance Affairs are established:
231	(a)  Division of Emergency Management.
232	(b)  Division of Housing and Community Development.
233	(c)  Division of Community Planning.
234	(3)  Unless otherwise provided by law, the Secretary of
235	Community Assistance Affairs shall appoint the directors or
236	executive directors of any commission or council assigned to the
237	department, who shall serve at his or her pleasure as provided
238	for division directors in s. 110.205. The appointment or
239	termination by the secretary will be done with the advice and
240	consent of the commission or council; and the director or
241	executive director may employ, subject to departmental rules and
242	procedures, such personnel as may be authorized and necessary.
243	(5)  The role of state government required by part I of
244	chapter 421 (Housing Authorities Law), chapter 422 (Housing
245	Cooperation Law), and chapter 423 (tax exemption of housing
246	authorities) is the responsibility of the Department of
247	Community Assistance Affairs; and the department is the agency
248	of state government responsible for the state's role in housing
249	and urban development.
250	(6)  The Office of Urban Opportunity is created within the
251	Department of Community Assistance Affairs. The purpose of the
252	office is to administer the Front Porch Florida initiative, a
253	comprehensive, community-based urban core redevelopment program
254	that enables urban core residents to craft solutions to the
255	unique challenges of each designated community.
256	Section 3.  Subsection (20) of section 163.3164, Florida
257	Statutes, is amended, and subsection (32) is added to said
258	section, to read:
259	163.3164  Local Government Comprehensive Planning and Land
260	Development Regulation Act; definitions.--As used in this act:
261	(20)  "State land planning agency" means the Department of
262	Community Assistance Affairs.
263	(32)  "Financial feasibility" means sufficient revenues are
264	currently available or will be available from committed or
265	identified funding sources available for financing capital
266	improvements, such as ad valorem taxes, bonds, state and federal
267	funds, tax revenues, impact fees, and developer contributions,
268	which are adequate to fund the projected costs of the capital
269	improvements and as otherwise identified within this act
270	necessary to ensure that adopted level-of-service standards are
271	achieved and maintained within the 5-year schedule of capital
272	improvements.
273	Section 4.  Section 163.3172, Florida Statutes, is created
274	to read:
275	163.3172  Urban infill and redevelopment.--In recognition
276	that urban infill and redevelopment is a high state priority,
277	the Legislature determines that local governments should not
278	adopt charter provisions, ordinances, or land development
279	regulations that discourage this state priority. The Legislature
280	also recognizes that limitations on building height are one
281	restriction that may discourage increased density within urban
282	cores. Notwithstanding chapter 125 and s. 163.3171, any existing
283	or future charter county charter provision, ordinance, or land
284	development regulation that restricts the height of a building
285	shall not be effective within any municipality of the county
286	unless, by a majority vote, the charter provision, ordinance, or
287	land development regulation is approved by a majority vote of a
288	county-wide referendum or a majority vote of the municipality's
289	governing board.
290	Section 5.  Subsection (3), paragraphs (a), (b), (c), and
291	(h) of subsection (6), paragraph (d) of subsection (11), and
292	subsection (12) of section 163.3177, Florida Statutes, are
293	amended, and subsection (13) is added to said section, to read:
294	163.3177  Required and optional elements of comprehensive
295	plan; studies and surveys.--
296	(3)(a)  The comprehensive plan shall contain a capital
297	improvements element designed to consider the need for and the
298	location of public facilities in order to encourage the
299	efficient utilization of such facilities and set forth:
300	1.  A component which outlines principles for construction,
301	extension, or increase in capacity of public facilities, as well
302	as a component which outlines principles for correcting existing
303	public facility deficiencies, which are necessary to implement
304	the comprehensive plan. The components shall cover at least a 5-
305	year period.
306	2.  Estimated public facility costs, including a
307	delineation of when facilities will be needed, the general
308	location of the facilities, and projected revenue sources to
309	fund the facilities.
310	3.  Standards to ensure the availability of public
311	facilities and the adequacy of those facilities including
312	acceptable levels of service.
313	4.  Standards for the management of debt.
314	5.  A schedule of capital improvements which includes
315	publicly funded projects and which may include privately funded
316	projects.
317	(b)  The capital improvements element shall be reviewed on
318	an annual basis and modified as necessary in accordance with s.
319	163.3187 or s. 163.3189 in order to maintain a financially
320	feasible 5-year schedule of capital improvements., except that
321	Corrections, updates, and modifications concerning costs;
322	revenue sources; acceptance of facilities pursuant to
323	dedications which are consistent with the plan; or the date of
324	construction of any facility enumerated in the capital
325	improvements element may be accomplished by ordinance and shall
326	not be deemed to be amendments to the local comprehensive plan.
327	A copy of the ordinance shall be transmitted to the state land
328	planning agency. All public facilities shall be consistent with
329	the capital improvements element.
330	(c)  If the local government does not adopt the required
331	annual update to the schedule of capital improvements, the state
332	land planning agency shall notify the Administration Commission.
333	A local government that has failed to adopt the required annual
334	update in the capital improvement element may be subject to
335	sanctions by the commission pursuant to s. 163.3184(11).
336	(d)  If a local government adopts a long-term concurrency
337	management system pursuant to s. 163.3180(9), it shall also
338	adopt a long-term capital improvements schedule covering up to a
339	10-year or 15-year period and shall update the long-term
340	schedule annually. The long-term schedule of capital
341	improvements must be financially feasible for the 5-year
342	schedule of capital improvements.
343	(6)  In addition to the requirements of subsections (1)-
344	(5), the comprehensive plan shall include the following
345	elements:
346	(a)  A future land use plan element designating proposed
347	future general distribution, location, and extent of the uses of
348	land for residential uses, commercial uses, industry,
349	agriculture, recreation, conservation, education, public
350	buildings and grounds, other public facilities, and other
351	categories of the public and private uses of land. Counties are
352	encouraged to designate rural land stewardship areas, pursuant
353	to the provisions of paragraph (11)(d), as overlays on the
354	future land use map. Each future land use category must be
355	defined in terms of uses included, and must include standards to
356	be followed in the control and distribution of population
357	densities and building and structure intensities. The proposed
358	distribution, location, and extent of the various categories of
359	land use shall be shown on a land use map or map series which
360	shall be supplemented by goals, policies, and measurable
361	objectives. The future land use plan shall be based upon
362	surveys, studies, and data regarding the area, including the
363	amount of land required to accommodate anticipated growth; the
364	projected population of the area; the character of undeveloped
365	land; the availability of water supplies, public facilities, and
366	services; the need for redevelopment, including the renewal of
367	blighted areas and the elimination of nonconforming uses which
368	are inconsistent with the character of the community; the
369	compatibility of uses on lands adjacent to or closely proximate
370	to military installations; and, in rural communities, the need
371	for job creation, capital investment, and economic development
372	that will strengthen and diversify the community's economy. The
373	future land use plan may designate areas for future planned
374	development use involving combinations of types of uses for
375	which special regulations may be necessary to ensure development
376	in accord with the principles and standards of the comprehensive
377	plan and this act. The future land use plan element shall
378	include criteria to be used to achieve the compatibility of
379	adjacent or closely proximate lands with military installations.
380	In addition, for rural communities, the amount of land
381	designated for future planned industrial use shall be based upon
382	surveys and studies that reflect the need for job creation,
383	capital investment, and the necessity to strengthen and
384	diversify the local economies, and shall not be limited solely
385	by the projected population of the rural community. The future
386	land use plan of a county may also designate areas for possible
387	future municipal incorporation. The land use maps or map series
388	shall generally identify and depict historic district boundaries
389	and shall designate historically significant properties meriting
390	protection. The future land use element must clearly identify
391	the land use categories in which public schools are an allowable
392	use. When delineating the land use categories in which public
393	schools are an allowable use, a local government shall include
394	in the categories sufficient land proximate to residential
395	development to meet the projected needs for schools in
396	coordination with public school boards and may establish
397	differing criteria for schools of different type or size. Each
398	local government shall include lands contiguous to existing
399	school sites, to the maximum extent possible, within the land
400	use categories in which public schools are an allowable use. All
401	comprehensive plans must comply with the school siting
402	requirements of this paragraph no later than October 1, 1999.
403	The failure by a local government to comply with these school
404	siting requirements by October 1, 1999, will result in the
405	prohibition of the local government's ability to amend the local
406	comprehensive plan, except for plan amendments described in s.
407	163.3187(1)(b), until the school siting requirements are met.
408	Amendments proposed by a local government for purposes of
409	identifying the land use categories in which public schools are
410	an allowable use or for adopting or amending the school-siting
411	maps pursuant to s. 163.31776(3) are exempt from the limitation
412	on the frequency of plan amendments contained in s. 163.3187.
413	The future land use element shall include criteria that
414	encourage the location of schools proximate to urban residential
415	areas to the extent possible and shall require that the local
416	government seek to collocate public facilities, such as parks,
417	libraries, and community centers, with schools to the extent
418	possible and to encourage the use of elementary schools as focal
419	points for neighborhoods. For schools serving predominantly
420	rural counties, defined as a county with a population of 100,000
421	or fewer, an agricultural land use category shall be eligible
422	for the location of public school facilities if the local
423	comprehensive plan contains school siting criteria and the
424	location is consistent with such criteria. Local governments
425	required to update or amend their comprehensive plan to include
426	criteria and address compatibility of adjacent or closely
427	proximate lands with existing military installations in their
428	future land use plan element shall transmit the update or
429	amendment to the department by June 30, 2006.
430	(b)  A traffic circulation element consisting of the types,
431	locations, and extent of existing and proposed major
432	thoroughfares and transportation routes, including bicycle and
433	pedestrian ways. Transportation corridors, as defined in s.
434	334.03, may be designated in the traffic circulation element
435	pursuant to s. 337.273. If the transportation corridors are
436	designated, the local government may adopt a transportation
437	corridor management ordinance. By December 1, 2006, each local
438	government shall adopt by ordinance a transportation concurrency
439	management system which shall include a methodology for
440	assessing proportionate share mitigation options. By December 1,
441	2006, the Department of Transportation shall develop a model
442	transportation concurrency management ordinance. The
443	transportation concurrency management ordinance may assess a
444	concurrency impact area by districts or systemwide.
445	(c)  A general sanitary sewer, solid waste, drainage,
446	potable water, and natural groundwater aquifer recharge element
447	correlated to principles and guidelines for future land use,
448	indicating ways to provide for future potable water, drainage,
449	sanitary sewer, solid waste, and aquifer recharge protection
450	requirements for the area. The element may be a detailed
451	engineering plan including a topographic map depicting areas of
452	prime groundwater recharge. The element shall describe the
453	problems and needs and the general facilities that will be
454	required for solution of the problems and needs. The element
455	shall also include a topographic map depicting any areas adopted
456	by a regional water management district as prime groundwater
457	recharge areas for the Floridan or Biscayne aquifers, pursuant
458	to s. 373.0395. These areas shall be given special consideration
459	when the local government is engaged in zoning or considering
460	future land use for said designated areas. For areas served by
461	septic tanks, soil surveys shall be provided which indicate the
462	suitability of soils for septic tanks. By December 1, 2006, The
463	element must incorporate projects selected pursuant to s.
464	373.0361, to the extent applicable consider the appropriate
465	water management district's regional water supply plan approved
466	pursuant to s. 373.0361. The element must identify current water
467	supply sources, projected water use needs for the planning
468	period of the comprehensive plan, irrigation and reclaimed water
469	needs, and conservation and reuse strategies to reduce water
470	supply demand. The element shall include a work plan covering at
471	least a 10-year planning period for building water supply
472	facilities, including development of alternative water supplies
473	as defined in s. 373.1961(2)(i) that are necessary to meet
474	existing and projected water use demand over the work plan
475	planning period. The work plan shall also describe how the water
476	supply needs will be met over the course of the planning period
477	from any other providers of water, if applicable. The
478	information provided to the appropriate water management
479	district for each project, pursuant to s. 373.0361, shall be
480	annually incorporated into the work plan include a work plan,
481	covering at least a 10-year planning period, for building water
482	supply facilities that are identified in the element as
483	necessary to serve existing and new development and for which
484	the local government is responsible. The work plan shall be
485	updated, at a minimum, every 5 years within 12 months after the
486	governing board of a water management district approves an
487	updated regional water supply plan. Local government utilities
488	and land use planners, private utilities, regional water supply
489	authorities and water management districts are expected to
490	cooperatively plan for the development of multi-jurisdictional
491	water supply facilities that are sufficient to meet projected
492	demands for established planning periods, including the
493	development of alternative sources of water supplies to
494	supplement traditional sources of ground and surface water
495	supplies. Amendments to incorporate the work plan do not count
496	toward the limitation on the frequency of adoption of amendments
497	to the comprehensive plan. Consistent with s. 373.2234, local
498	governments, public and private utilities, regional water supply
499	authorities, and water management districts are expected to
500	cooperatively plan for the development of multijurisdictional
501	water supply facilities that are sufficient to meet projected
502	demands for established planning periods, including the
503	development of alternative water sources to supplement
504	traditional sources of ground and surface water supplies.
505	(h)1.  An intergovernmental coordination element showing
506	relationships and stating principles and guidelines to be used
507	in the accomplishment of coordination of the adopted
508	comprehensive plan with the plans of school boards and other
509	units of local government or regional water authorities
510	providing services but not having regulatory authority over the
511	use of land, with the comprehensive plans of adjacent
512	municipalities, the county, adjacent counties, or the region,
513	with the state comprehensive plan and with the applicable
514	regional water supply plan approved pursuant to s. 373.0361, as
515	the case may require and as such adopted plans or plans in
516	preparation may exist. This element of the local comprehensive
517	plan shall demonstrate consideration of the particular effects
518	of the local plan, when adopted, upon the development of
519	adjacent municipalities, the county, adjacent counties, or the
520	region, or upon the state comprehensive plan, as the case may
521	require.
522	a.  The intergovernmental coordination element shall
523	provide for procedures to identify and implement joint planning
524	areas, especially for the purpose of annexation, municipal
525	incorporation, and joint infrastructure service areas.
526	b.  The intergovernmental coordination element shall
527	provide for recognition of campus master plans prepared pursuant
528	to s. 1013.30.
529	c.  The intergovernmental coordination element may provide
530	for a voluntary dispute resolution process as established
531	pursuant to s. 186.509 for bringing to closure in a timely
532	manner intergovernmental disputes. A local government may
533	develop and use an alternative local dispute resolution process
534	for this purpose.
535	2.  The intergovernmental coordination element shall
536	further state principles and guidelines to be used in the
537	accomplishment of coordination of the adopted comprehensive plan
538	with the plans of school boards and other units of local
539	government providing facilities and services but not having
540	regulatory authority over the use of land. In addition, the
541	intergovernmental coordination element shall describe joint
542	processes for collaborative planning and decisionmaking on
543	population projections and public school siting, the location
544	and extension of public facilities subject to concurrency, and
545	siting facilities with countywide significance, including
546	locally unwanted land uses whose nature and identity are
547	established in an agreement. Within 1 year of adopting their
548	intergovernmental coordination elements, each county, all the
549	municipalities within that county, the district school board,
550	and any unit of local government service providers in that
551	county shall establish by interlocal or other formal agreement
552	executed by all affected entities, the joint processes described
553	in this subparagraph consistent with their adopted
554	intergovernmental coordination elements.
555	3.  To foster coordination between special districts and
556	local general-purpose governments as local general-purpose
557	governments implement local comprehensive plans, each
558	independent special district must submit a public facilities
559	report to the appropriate local government as required by s.
560	189.415.
561	4.a.  Local governments adopting a public educational
562	facilities element pursuant to s. 163.31776 must execute an
563	interlocal agreement with the district school board, the county,
564	and nonexempt municipalities pursuant to s. 163.31777, as
565	defined by s. 163.31776(1), which includes the items listed in
566	s. 163.31777(2). The local government shall amend the
567	intergovernmental coordination element to provide that
568	coordination between the local government and school board is
569	pursuant to the agreement and shall state the obligations of the
570	local government under the agreement.
571	b.  Plan amendments that comply with this subparagraph are
572	exempt from the provisions of s. 163.3187(1).
573	5.  The state land planning agency shall establish a
574	schedule for phased completion and transmittal of plan
575	amendments to implement subparagraphs 1., 2., and 3. from all
576	jurisdictions so as to accomplish their adoption by December 31,
577	1999. A local government may complete and transmit its plan
578	amendments to carry out these provisions prior to the scheduled
579	date established by the state land planning agency. The plan
580	amendments are exempt from the provisions of s. 163.3187(1).
581	6.  By January 1, 2004, any county having a population
582	greater than 100,000, and the municipalities and special
583	districts within that county, shall submit a report to the
584	Department of Community Assistance Affairs which:
585	a.  Identifies all existing or proposed interlocal service-
586	delivery agreements regarding the following: education; sanitary
587	sewer; public safety; solid waste; drainage; potable water;
588	parks and recreation; and transportation facilities.
589	b.  Identifies any deficits or duplication in the provision
590	of services within its jurisdiction, whether capital or
591	operational. Upon request, the Department of Community
592	Assistance Affairs shall provide technical assistance to the
593	local governments in identifying deficits or duplication.
594	7.  Within 6 months after submission of the report, the
595	Department of Community Assistance Affairs shall, through the
596	appropriate regional planning council, coordinate a meeting of
597	all local governments within the regional planning area to
598	discuss the reports and potential strategies to remedy any
599	identified deficiencies or duplications.
600	8.  Each local government shall update its
601	intergovernmental coordination element based upon the findings
602	in the report submitted pursuant to subparagraph 6. The report
603	may be used as supporting data and analysis for the
604	intergovernmental coordination element.
605	9.  By February 1, 2003, representatives of municipalities,
606	counties, and special districts shall provide to the Legislature
607	recommended statutory changes for annexation, including any
608	changes that address the delivery of local government services
609	in areas planned for annexation.
610	(11)
611	(d)1.  The department, in cooperation with the Department
612	of Agriculture and Consumer Services, the Department of
613	Environmental Protection, water management districts, and
614	regional planning councils, shall provide assistance to local
615	governments in the implementation of this paragraph and rule 9J-
616	5.006(5)(l), Florida Administrative Code. Implementation of
617	those provisions shall include a process by which the department
618	may authorize local governments to designate all or portions of
619	lands classified in the future land use element as predominantly
620	agricultural, rural, open, open-rural, or a substantively
621	equivalent land use, as a rural land stewardship area within
622	which planning and economic incentives are applied to encourage
623	the implementation of innovative and flexible planning and
624	development strategies and creative land use planning
625	techniques, including those contained herein and in rule 9J-
626	5.006(5)(l), Florida Administrative Code. Assistance may
627	include, but is not limited to:
628	a.  Assistance from the Department of Environmental
629	Protection and water management districts in creating the
630	geographic information systems land cover database and aerial
631	photogrammetry needed to prepare for a rural land stewardship
632	area;
633	b.  Support for local government implementation of rural
634	land stewardship concepts by providing information and
635	assistance to local governments regarding land acquisition
636	programs that may be used by the local government or landowners
637	to leverage the protection of greater acreage and maximize the
638	effectiveness of rural land stewardship areas; and
639	c.  Expansion of the role of the Department of Community
640	Assistance Affairs as a resource agency to facilitate
641	establishment of rural land stewardship areas in smaller rural
642	counties that do not have the staff or planning budgets to
643	create a rural land stewardship area.
644	2.  The department shall encourage participation by local
645	governments of different sizes and rural characteristics in
646	establishing and implementing rural land stewardship areas. It
647	is the intent of the Legislature that rural land stewardship
648	areas be used to further the following broad principles of rural
649	sustainability: restoration and maintenance of the economic
650	value of rural land; control of urban sprawl; identification and
651	protection of ecosystems, habitats, and natural resources;
652	promotion of rural economic activity; maintenance of the
653	viability of Florida's agricultural economy; and protection of
654	the character of rural areas of Florida. Rural land stewardship
655	areas may be multicounty in order to encourage coordinated
656	regional stewardship planning.
657	3.  A local government, in conjunction with a regional
658	planning council, a stakeholder organization of private land
659	owners, or another local government, shall notify the department
660	in writing of its intent to designate a rural land stewardship
661	area. The written notification shall describe the basis for the
662	designation, including the extent to which the rural land
663	stewardship area enhances rural land values, controls urban
664	sprawl, provides necessary open space for agriculture and
665	protection of the natural environment, promotes rural economic
666	activity, and maintains rural character and the economic
667	viability of agriculture.
668	4.  A rural land stewardship area shall be not less than
669	10,000 acres and shall be located outside of municipalities and
670	established urban growth boundaries, and shall be designated by
671	plan amendment. The plan amendment designating a rural land
672	stewardship area shall be subject to review by the Department of
673	Community Assistance Affairs pursuant to s. 163.3184 and shall
674	provide for the following:
675	a.  Criteria for the designation of receiving areas within
676	rural land stewardship areas in which innovative planning and
677	development strategies may be applied. Criteria shall at a
678	minimum provide for the following: adequacy of suitable land to
679	accommodate development so as to avoid conflict with
680	environmentally sensitive areas, resources, and habitats;
681	compatibility between and transition from higher density uses to
682	lower intensity rural uses; the establishment of receiving area
683	service boundaries which provide for a separation between
684	receiving areas and other land uses within the rural land
685	stewardship area through limitations on the extension of
686	services; and connection of receiving areas with the rest of the
687	rural land stewardship area using rural design and rural road
688	corridors.
689	b.  Goals, objectives, and policies setting forth the
690	innovative planning and development strategies to be applied
691	within rural land stewardship areas pursuant to the provisions
692	of this section.
693	c.  A process for the implementation of innovative planning
694	and development strategies within the rural land stewardship
695	area, including those described in this subsection and rule 9J-
696	5.006(5)(l), Florida Administrative Code, which provide for a
697	functional mix of land uses and which are applied through the
698	adoption by the local government of zoning and land development
699	regulations applicable to the rural land stewardship area.
700	d.  A process which encourages visioning pursuant to s.
701	163.3167(11) to ensure that innovative planning and development
702	strategies comply with the provisions of this section.
703	e.  The control of sprawl through the use of innovative
704	strategies and creative land use techniques consistent with the
705	provisions of this subsection and rule 9J-5.006(5)(l), Florida
706	Administrative Code.
707	5.  A receiving area shall be designated by the adoption of
708	a land development regulation. Prior to the designation of a
709	receiving area, the local government shall provide the
710	Department of Community Assistance Affairs a period of 30 days
711	in which to review a proposed receiving area for consistency
712	with the rural land stewardship area plan amendment and to
713	provide comments to the local government.
714	6.  Upon the adoption of a plan amendment creating a rural
715	land stewardship area, the local government shall, by ordinance,
716	establish the methodology for the creation, conveyance, and use
717	of transferable rural land use credits, otherwise referred to as
718	stewardship credits, the application of assign to the area a
719	certain number of credits, to be known as "transferable rural
720	land use credits," which shall not constitute a right to develop
721	land, nor increase density of land, except as provided by this
722	section. The total amount of transferable rural land use credits
723	within assigned to the rural land stewardship area must enable
724	the realization of the long-term vision and goals for correspond
725	to the 25-year or greater projected population of the rural land
726	stewardship area. Transferable rural land use credits are
727	subject to the following limitations:
728	a.  Transferable rural land use credits may only exist
729	within a rural land stewardship area.
730	b.  Transferable rural land use credits may only be used on
731	lands designated as receiving areas and then solely for the
732	purpose of implementing innovative planning and development
733	strategies and creative land use planning techniques adopted by
734	the local government pursuant to this section.
735	c.  Transferable rural land use credits assigned to a
736	parcel of land within a rural land stewardship area shall cease
737	to exist if the parcel of land is removed from the rural land
738	stewardship area by plan amendment.
739	d.  Neither the creation of the rural land stewardship area
740	by plan amendment nor the assignment of transferable rural land
741	use credits by the local government shall operate to displace
742	the underlying density of land uses assigned to a parcel of land
743	within the rural land stewardship area; however, if transferable
744	rural land use credits are transferred from a parcel for use
745	within a designated receiving area, the underlying density
746	assigned to the parcel of land shall cease to exist.
747	e.  The underlying density on each parcel of land located
748	within a rural land stewardship area shall not be increased or
749	decreased by the local government, except as a result of the
750	conveyance or use of transferable rural land use credits, as
751	long as the parcel remains within the rural land stewardship
752	area.
753	f.  Transferable rural land use credits shall cease to
754	exist on a parcel of land where the underlying density assigned
755	to the parcel of land is utilized.
756	g.  An increase in the density of use on a parcel of land
757	located within a designated receiving area may occur only
758	through the assignment or use of transferable rural land use
759	credits and shall not require a plan amendment.
760	h.  A change in the density of land use on parcels located
761	within receiving areas shall be specified in a development order
762	which reflects the total number of transferable rural land use
763	credits assigned to the parcel of land and the infrastructure
764	and support services necessary to provide for a functional mix
765	of land uses corresponding to the plan of development.
766	i.  Land within a rural land stewardship area may be
767	removed from the rural land stewardship area through a plan
768	amendment.
769	j.  Transferable rural land use credits may be assigned at
770	different ratios of credits per acre according to the natural
771	resource or other beneficial use characteristics of the land and
772	according to the land use remaining following the transfer of
773	credits, with the highest number of credits per acre assigned to
774	the most environmentally valuable land, or in locations where
775	the retention of and a lesser number of credits to be assigned
776	to open space and agricultural land, is a priority, to such
777	lands.
778	k.  The use or conveyance of transferable rural land use
779	credits must be recorded in the public records of the county in
780	which the property is located as a covenant or restrictive
781	easement running with the land in favor of the county and either
782	the Department of Environmental Protection, Department of
783	Agriculture and Consumer Services, a water management district,
784	or a recognized statewide land trust.
785	7.  Owners of land within rural land stewardship areas
786	should be provided incentives to enter into rural land
787	stewardship agreements, pursuant to existing law and rules
788	adopted thereto, with state agencies, water management
789	districts, and local governments to achieve mutually agreed upon
790	conservation objectives. Such incentives may include, but not be
791	limited to, the following:
792	a.  Opportunity to accumulate transferable mitigation
793	credits.
794	b.  Extended permit agreements.
795	c.  Opportunities for recreational leases and ecotourism.
796	d.  Payment for specified land management services on
797	publicly owned land, or property under covenant or restricted
798	easement in favor of a public entity.
799	e.  Option agreements for sale to public entities or
800	private land conservation entities, in either fee or easement,
801	upon achievement of conservation objectives.
802	8.  The department shall report to the Legislature on an
803	annual basis on the results of implementation of rural land
804	stewardship areas authorized by the department, including
805	successes and failures in achieving the intent of the
806	Legislature as expressed in this paragraph.
807	9.  In recognition of the benefits of conceptual long-range
808	planning, restoration and maintenance of the economic value of
809	rural land; control of urban sprawl; identification and
810	protection of ecosystems, habitats, and natural resources;
811	promotion of rural economic activity; maintenance of the
812	viability of the agricultural economy of this state; and
813	protection of the character of rural areas of this state that
814	will result from a rural land stewardship area, and to further
815	encourage the innovative planning and development strategies in
816	a rural land stewardship area, development within a rural land
817	stewardship area is exempt from the requirements of s. 380.06.
818	(12)  A public school facilities element adopted to
819	implement a school concurrency program shall meet the
820	requirements of this subsection.
821	(a)  In order to enact a public school facilities element,
822	each county and each municipality within the county must adopt a
823	consistent public school facilities element and enter an
824	interlocal agreement pursuant to s. 163.31777. The state land
825	planning agency may provide a waiver to a county and to the
826	municipalities within the county if the utilization rate for all
827	schools within the district is less than 100 percent and the
828	projected 5-year capital outlay full-time equivalent student
829	growth rate is less than 10 percent. At its discretion, the
830	state land planning agency may grant a waiver to a county or
831	municipality for a single school to exceed the 100 percent
832	limitation if it can be demonstrated that the utilization rate
833	for that single school is not greater than 105 percent and there
834	is no projected growth in the capital outlay full-time
835	equivalent student population over the next 5 years. A
836	municipality in a nonexempt county is exempt if the municipality
837	meets all of the following criteria for having no significant
838	impact on school attendance:
839	1.  The municipality has issued development orders for
840	fewer than 50 residential dwelling units during the preceding 5
841	years or the municipality has generated fewer than 25 additional
842	public school students during the preceding 5 years.
843	2.  The municipality has not annexed new land during the
844	preceding 5 years in land use categories that permit residential
845	uses that will affect school attendance rates.
846	3.  The municipality has no public schools located within
847	its boundaries.
848	4.  At least 80 percent of the developable land within the
849	boundaries of the municipality has been developed.
850	(b)(a)  A public school facilities element shall be based
851	upon data and analyses that address, among other items, how
852	level-of-service standards will be achieved and maintained. Such
853	data and analyses must include, at a minimum, such items as: the
854	interlocal agreement adopted pursuant to s. 163.31777 and the 5-
855	year school district facilities work program adopted pursuant to
856	s. 1013.35; the educational plant survey prepared pursuant to s.
857	1013.31 and an existing educational and ancillary plant map or
858	map series; information on existing development and development
859	anticipated for the next 5 years and the long-term planning
860	period; an analysis of problems and opportunities for existing
861	schools and schools anticipated in the future; an analysis of
862	opportunities to collocate future schools with other public
863	facilities such as parks, libraries, and community centers; an
864	analysis of the need for supporting public facilities for
865	existing and future schools; an analysis of opportunities to
866	locate schools to serve as community focal points; projected
867	future population and associated demographics, including
868	development patterns year by year for the upcoming 5-year and
869	long-term planning periods; and anticipated educational and
870	ancillary plants with land area requirements.
871	(c)(b)  The element shall contain one or more goals which
872	establish the long-term end toward which public school programs
873	and activities are ultimately directed.
874	(d)(c)  The element shall contain one or more objectives
875	for each goal, setting specific, measurable, intermediate ends
876	that are achievable and mark progress toward the goal.
877	(e)(d)  The element shall contain one or more policies for
878	each objective which establish the way in which programs and
879	activities will be conducted to achieve an identified goal.
880	(f)(e)  The objectives and policies shall address items
881	such as:
882	1.  The procedure for an annual update process;
883	2.  The procedure for school site selection;
884	3.  The procedure for school permitting;
885	4.  Provision of supporting infrastructure necessary to
886	support proposed schools, including potable water, wastewater,
887	drainage, solid waste, transportation, and means by which to
888	ensure safe access to schools, including sidewalks, bicycle
889	paths, turn lanes, and signalization;
890	5.  Provision of colocation of other public facilities,
891	such as parks, libraries, and community centers, in proximity to
892	public schools;
893	6.  Provision of location of schools proximate to
894	residential areas and to complement patterns of development,
895	including the location of future school sites so they serve as
896	community focal points;
897	7.  Measures to ensure compatibility of school sites and
898	surrounding land uses;
899	8.  Coordination with adjacent local governments and the
900	school district on emergency preparedness issues, including the
901	use of public schools to serve as emergency shelters; and
902	9.  Coordination with the future land use element.
903	(g)(f)  The element shall include one or more future
904	conditions maps which depict the anticipated location of
905	educational and ancillary plants, including the general location
906	of improvements to existing schools or new schools anticipated
907	over the 5-year or long-term planning period. The maps will of
908	necessity be general for the long-term planning period and more
909	specific for the 5-year period. Maps indicating general
910	locations of future schools or school improvements may not
911	prescribe a land use on a particular parcel of land.
912	(h)  The state land planning agency shall establish phased
913	schedules for adoption of the public school facilities element
914	and the required updates to the public schools interlocal
915	agreement pursuant to s. 163.31777. The schedule for the updated
916	public schools interlocal agreement shall provide for each
917	county and local government within the county to submit the
918	agreement no later than December 1, 2006. The schedule for the
919	public schools facilities element shall provide for each county
920	and local government within the county to adopt such element
921	beginning December 1, 2008, and ending no later than December 1,
922	2010. The state land planning agency shall set the same date for
923	all governmental entities within a school district. However, if
924	the county where the school district is located contains more
925	than 20 municipalities, the state land planning agency may
926	establish staggered due dates for the submission of interlocal
927	agreements by these municipalities. Plan amendments to adopt a
928	public school facilities element are exempt from the provisions
929	of s. 163.3187(1).
930	(13)  Each local government is encouraged to develop a
931	community vision that provides for sustainable growth,
932	recognizes the local government's fiscal constraints, and
933	protects the local government's natural resources. At the
934	request of a local government, the applicable regional planning
935	council shall provide assistance in the development of a long-
936	range community vision. The community vision must reflect the
937	community's shared concept for growth and development of the
938	community, including visual representations depicting the
939	desired land-use patterns and character of the community during
940	a 10-year planning timeframe.
941	Section 6.  Subsections (1), (2), (5), (6), and (7) of
942	section 163.31777, Florida Statutes, are amended to read:
943	163.31777  Public schools interlocal agreement.--
944	(1)(a)  The county and municipalities located within the
945	geographic area of a school district shall enter into an
946	interlocal agreement with the district school board which
947	jointly establishes the specific ways in which the plans and
948	processes of the district school board and the local governments
949	are to be coordinated. The interlocal agreements shall be
950	submitted to the state land planning agency and the Office of
951	Educational Facilities and the SMART Schools Clearinghouse in
952	accordance with a schedule published by the state land planning
953	agency.
954	(b)  The schedule must establish staggered due dates for
955	submission of interlocal agreements that are executed by both
956	the local government and the district school board, commencing
957	on March 1, 2003, and concluding by December 1, 2004, and must
958	set the same date for all governmental entities within a school
959	district. However, if the county where the school district is
960	located contains more than 20 municipalities, the state land
961	planning agency may establish staggered due dates for the
962	submission of interlocal agreements by these municipalities. The
963	schedule must begin with those areas where both the number of
964	districtwide capital-outlay full-time-equivalent students equals
965	80 percent or more of the current year's school capacity and the
966	projected 5-year student growth is 1,000 or greater, or where
967	the projected 5-year student growth rate is 10 percent or
968	greater.
969	(b)(c)  If the student population has declined over the 5-
970	year period preceding the due date for submittal of an
971	interlocal agreement by the local government and the district
972	school board, the local government and the district school board
973	may petition the state land planning agency for a waiver of one
974	or more requirements of subsection (2). The waiver must be
975	granted if the procedures called for in subsection (2) are
976	unnecessary because of the school district's declining school
977	age population, considering the district's 5-year facilities
978	work program prepared pursuant to s. 1013.35. The state land
979	planning agency may modify or revoke the waiver upon a finding
980	that the conditions upon which the waiver was granted no longer
981	exist. The district school board and local governments must
982	submit an interlocal agreement within 1 year after notification
983	by the state land planning agency that the conditions for a
984	waiver no longer exist.
985	(c)(d)  Interlocal agreements between local governments and
986	district school boards adopted pursuant to s. 163.3177 before
987	the effective date of this section must be updated and executed
988	pursuant to the requirements of this section, if necessary.
989	Amendments to interlocal agreements adopted pursuant to this
990	section must be submitted to the state land planning agency
991	within 30 days after execution by the parties for review
992	consistent with this section. Local governments and the district
993	school board in each school district are encouraged to adopt a
994	single interlocal agreement to which all join as parties. The
995	state land planning agency shall assemble and make available
996	model interlocal agreements meeting the requirements of this
997	section and notify local governments and, jointly with the
998	Department of Education, the district school boards of the
999	requirements of this section, the dates for compliance, and the
1000	sanctions for noncompliance. The state land planning agency
1001	shall be available to informally review proposed interlocal
1002	agreements. If the state land planning agency has not received a
1003	proposed interlocal agreement for informal review, the state
1004	land planning agency shall, at least 60 days before the deadline
1005	for submission of the executed agreement, renotify the local
1006	government and the district school board of the upcoming
1007	deadline and the potential for sanctions.
1008	(2)  At a minimum, The interlocal agreement shall
1009	acknowledge the school board's constitutional and statutory
1010	obligations to provide a uniform system of free public schools
1011	on a countywide basis and the land use authority of local
1012	governments, including their authority to approve or deny
1013	comprehensive plan amendments and development orders. The
1014	interlocal agreement must address the following issues:
1015	(a)  Establish the mechanisms for coordinating the
1016	development, adoption, and amendment of each local government's
1017	public school facilities element with each other and the plans
1018	of the school board to ensure a uniform districtwide school
1019	concurrency system.
1020	(b)  Establish a process for the development of siting
1021	criteria which encourages the location of public schools
1022	proximate to urban residential areas to the extent possible and
1023	seeks to collocate schools with other public facilities such as
1024	parks, libraries, and community centers to the extent possible.
1025	(c)  Specify uniform, districtwide level-of-service
1026	standards for public schools of the same type and the process
1027	for modifying the adopted levels-of-service standards.
1028	(d)  Establish a financially feasible process for the
1029	preparation, amendment, and joint approval by each local
1030	government and the school board of a public school capital
1031	facilities program, and a process and schedule for incorporation
1032	of the public school capital facilities program into the local
1033	government comprehensive plans on an annual basis.
1034	(e)  Define the geographic application of school
1035	concurrency. If school concurrency is to be applied on a less
1036	than districtwide basis in the form of concurrency service
1037	areas, the agreement shall establish criteria and standards for
1038	the establishment and modification of school concurrency service
1039	areas. The agreement shall also establish a process and schedule
1040	for the mandatory incorporation of the school concurrency
1041	service areas and the criteria and standards for establishment
1042	of the service areas into the local government comprehensive
1043	plans. The agreement shall ensure maximum utilization of school
1044	capacity, taking into account transportation costs and court-
1045	approved desegregation plans, as well as other applicable
1046	factors. The agreement shall also ensure the achievement and
1047	maintenance of the adopted level-of-service standards for the
1048	geographic area of application throughout the 5 years covered by
1049	the public school capital facilities plan and thereafter by
1050	adding a new fifth year during the annual update.
1051	(f)  Establish a uniform districtwide procedure for
1052	implementing school concurrency which provides for:
1053	1.  The evaluation of development applications for
1054	compliance with school concurrency requirements, including
1055	information provided by the school board on affected schools;
1056	2.  An opportunity for the school board to review and
1057	comment on the effect of comprehensive plan amendments and
1058	rezonings on the public school facilities plan; and
1059	3.  The monitoring and evaluation of the school concurrency
1060	system.
1061	(g)  A process and uniform methodology for determining
1062	proportionate-share mitigation pursuant to s. 380.06.
1063	(h)(a)  A process by which each local government and the
1064	district school board agree and base their plans on consistent
1065	projections of the amount, type, and distribution of population
1066	growth and student enrollment. The geographic distribution of
1067	jurisdiction-wide growth forecasts is a major objective of the
1068	process.
1069	(i)(b)  A process to coordinate and share information
1070	relating to existing and planned public school facilities,
1071	including school renovations and closures, and local government
1072	plans for development and redevelopment.
1073	(j)(c)  Participation by affected local governments with
1074	the district school board in the process of evaluating potential
1075	school closures, significant renovations to existing schools,
1076	and new school site selection before land acquisition. Local
1077	governments shall advise the district school board as to the
1078	consistency of the proposed closure, renovation, or new site
1079	with the local comprehensive plan, including appropriate
1080	circumstances and criteria under which a district school board
1081	may request an amendment to the comprehensive plan for school
1082	siting.
1083	(k)(d)  A process for determining the need for and timing
1084	of onsite and offsite improvements to support new, proposed
1085	expansion, or redevelopment of existing schools. The process
1086	must address identification of the party or parties responsible
1087	for the improvements.
1088	(l)(e)  A process for the school board to inform the local
1089	government regarding the effect of comprehensive plan amendments
1090	on school capacity. The capacity reporting must be consistent
1091	with laws and rules relating to measurement of school facility
1092	capacity and must also identify how the district school board
1093	will meet the public school demand based on the facilities work
1094	program adopted pursuant to s. 1013.35.
1095	(m)(f)  Participation of the local governments in the
1096	preparation of the annual update to the district school board's
1097	5-year district facilities work program and educational plant
1098	survey prepared pursuant to s. 1013.35.
1099	(n)(g)  A process for determining where and how joint use
1100	of either school board or local government facilities can be
1101	shared for mutual benefit and efficiency.
1102	(o)(h)  A procedure for the resolution of disputes between
1103	the district school board and local governments, which may
1104	include the dispute resolution processes contained in chapters
1105	164 and 186.
1106	(p)(i)  An oversight process, including an opportunity for
1107	public participation, for the implementation of the interlocal
1108	agreement.
1109	(q)  A process for development of a public school
1110	facilities element pursuant to 163.3177(12).
1111
1112	A signatory to the interlocal agreement may elect not to include
1113	a provision meeting the requirements of paragraph (e); however,
1114	such a decision may be made only after a public hearing on such
1115	election, which may include the public hearing in which a
1116	district school board or a local government adopts the
1117	interlocal agreement. An interlocal agreement entered into
1118	pursuant to this section must be consistent with the adopted
1119	comprehensive plan and land development regulations of any local
1120	government that is a signatory.
1121	(5)  Any local government transmitting a public school
1122	element to implement school concurrency pursuant to the
1123	requirements of s. 163.3180 before July 1, 2005 the effective
1124	date of this section is not required to amend the element or any
1125	interlocal agreement to conform with the provisions of this
1126	section if the element is adopted prior to or within 1 year
1127	after the effective date of this section and remains in effect.
1128	(6)  Except as provided in subsection (7), municipalities
1129	meeting the exemption criteria in s. 163.3177(12) having no
1130	established need for a new school facility and meeting the
1131	following criteria are exempt from the requirements of
1132	subsections (1), (2), and (3).:
1133	(a)  The municipality has no public schools located within
1134	its boundaries.
1135	(b)  The district school board's 5-year facilities work
1136	program and the long-term 10-year and 20-year work programs, as
1137	provided in s. 1013.35, demonstrate that no new school facility
1138	is needed in the municipality. In addition, the district school
1139	board must verify in writing that no new school facility will be
1140	needed in the municipality within the 5-year and 10-year
1141	timeframes.
1142	(7)  At the time of the evaluation and appraisal report,
1143	each exempt municipality shall assess the extent to which it
1144	continues to meet the criteria for exemption under s.
1145	163.3177(12) subsection (6). If the municipality continues to
1146	meet these criteria and the district school board verifies in
1147	writing that no new school facilities will be needed within the
1148	5-year and 10-year timeframes, the municipality shall continue
1149	to be exempt from the interlocal-agreement requirement. Each
1150	municipality exempt under s. 163.3177(12) subsection (6) must
1151	comply with the provisions of this section within 1 year after
1152	the district school board proposes, in its 5-year district
1153	facilities work program, a new school within the municipality's
1154	jurisdiction.
1155	Section 7.  Paragraph (a) of subsection (1), paragraphs (a)
1156	and (c) of subsection (2), paragraph (c) of subsection (4),
1157	subsections (5), (6), (7), (9), (10), and (13), and paragraph
1158	(c) of subsection (15) of section 163.3180, Florida Statutes,
1159	are amended, and subsections (16) and (17) are added to said
1160	section, to read:
1161	163.3180  Concurrency.--
1162	(1)(a)  Sanitary sewer, solid waste, drainage, potable
1163	water, parks and recreation, schools, and transportation
1164	facilities, including mass transit, where applicable, are the
1165	only public facilities and services subject to the concurrency
1166	requirement on a statewide basis. Additional public facilities
1167	and services may not be made subject to concurrency on a
1168	statewide basis without appropriate study and approval by the
1169	Legislature; however, any local government may extend the
1170	concurrency requirement so that it applies to additional public
1171	facilities within its jurisdiction.
1172	(2)(a)  Consistent with public health and safety, sanitary
1173	sewer, solid waste, drainage, adequate water supplies, and
1174	potable water facilities shall be in place and available to
1175	serve new development no later than the issuance by the local
1176	government of a certificate of occupancy or its functional
1177	equivalent.
1178	(c)  Consistent with the public welfare, and except as
1179	otherwise provided in this section, transportation facilities
1180	designated as part of the Florida Intrastate Highway System
1181	needed to serve new development shall be in place or under
1182	actual construction within 3 not more than 5 years after
1183	issuance by the local government of a certificate of occupancy
1184	or its functional equivalent. Other transportation facilities
1185	needed to serve new development shall be in place or under
1186	actual construction no more than 3 years after issuance by the
1187	local government of a certificate of occupancy or its functional
1188	equivalent.
1189	(4)
1190	(c)  The concurrency requirement, except as it relates to
1191	transportation facilities, as implemented in local government
1192	comprehensive plans, may be waived by a local government for
1193	urban infill and redevelopment areas designated pursuant to s.
1194	163.2517 if such a waiver does not endanger public health or
1195	safety as defined by the local government in its local
1196	government comprehensive plan. The waiver shall be adopted as a
1197	plan amendment pursuant to the process set forth in s.
1198	163.3187(3)(a). A local government may grant a concurrency
1199	exception pursuant to subsection (5) for transportation
1200	facilities located within these urban infill and redevelopment
1201	areas. Within designated urban infill and redevelopment areas,
1202	the local government and Department of Transportation shall
1203	cooperatively establish a plan for maintaining the adopted
1204	level-of-service standards established by the Department of
1205	Transportation for Strategic Intermodal System facilities, as
1206	defined in s. 339.64.
1207	(5)(a)  The Legislature finds that under limited
1208	circumstances dealing with transportation facilities,
1209	countervailing planning and public policy goals may come into
1210	conflict with the requirement that adequate public facilities
1211	and services be available concurrent with the impacts of such
1212	development. The Legislature further finds that often the
1213	unintended result of the concurrency requirement for
1214	transportation facilities is the discouragement of urban infill
1215	development and redevelopment. Such unintended results directly
1216	conflict with the goals and policies of the state comprehensive
1217	plan and the intent of this part. Therefore, exceptions from the
1218	concurrency requirement for transportation facilities may be
1219	granted as provided by this subsection.
1220	(b)  A local government may grant an exception from the
1221	concurrency requirement for transportation facilities if the
1222	proposed development is otherwise consistent with the adopted
1223	local government comprehensive plan and is a project that
1224	promotes public transportation or is located within an area
1225	designated in the comprehensive plan for:
1226	1.  Urban infill development,
1227	2.  Urban redevelopment,
1228	3.  Downtown revitalization, or
1229	4.  Urban infill and redevelopment under s. 163.2517.
1230	5. An adopted detailed specific area plan within an
1231	optional sector plan approved pursuant to s. 163.3245.
1232	(c)  The Legislature also finds that developments located
1233	within urban infill, urban redevelopment, existing urban
1234	service, or downtown revitalization areas or areas designated as
1235	urban infill and redevelopment areas under s. 163.2517 which
1236	pose only special part-time demands on the transportation system
1237	should be excepted from the concurrency requirement for
1238	transportation facilities. A special part-time demand is one
1239	that does not have more than 200 scheduled events during any
1240	calendar year and does not affect the 100 highest traffic volume
1241	hours.
1242	(d)  A local government shall establish guidelines for
1243	granting the exceptions authorized in paragraphs (b) and (c) in
1244	the comprehensive plan. These guidelines must include
1245	consideration of the Strategic Intermodal System impacts on the
1246	Florida Intrastate Highway System, as defined in s. 338.001. The
1247	exceptions may be available only within the specific geographic
1248	area of the jurisdiction designated in the plan. Pursuant to s.
1249	163.3184, any affected person may challenge a plan amendment
1250	establishing these guidelines and the areas within which an
1251	exception could be granted.
1252	(e)  It is a high state priority that urban infill and
1253	redevelopment be promoted and provided incentives. By promoting
1254	the revitalization of existing communities of this state, a more
1255	efficient maximization of space and facilities may be achieved
1256	and urban sprawl will be discouraged. If a local government
1257	creates a long-term vision for its community that includes
1258	adequate funding and services, the transportation facilities
1259	concurrency requirement of paragraph (2)(c) are waived for:
1260	1. Urban infill development;
1261	2. Urban redevelopment;
1262	3. Downtown revitalization;
1263	4. Urban infill and redevelopment under s. 163.2517; or
1264	5. Local governments that are at least 90 percent built-
1265	out. "Built-out" means 90 percent of a local government's
1266	developable land is currently developed. However, if a
1267	municipality annexes unincorporated property that decreases the
1268	percentage of build-out to an amount below 90 percent, any newly
1269	annexed property shall not be exempt from transportation
1270	facilities concurrency requirements unless the annexed property
1271	is at least 90 percent built out. The local government and
1272	Department of Transportation shall cooperatively establish a
1273	plan for maintaining the adopted level-of-service standards
1274	established by the Department of Transportation for Strategic
1275	Intermodal System facilities, as defined in s. 339.64.
1276	(6)  The Legislature finds that a de minimis impact is
1277	consistent with this part. A de minimis impact is an impact that
1278	would not affect more than 1 percent of the maximum volume at
1279	the adopted level of service of the affected transportation
1280	facility as determined by the local government. No impact will
1281	be de minimis if the sum of existing roadway volumes and the
1282	projected volumes from approved projects on a transportation
1283	facility would exceed 110 percent of the maximum volume at the
1284	adopted level of service of the affected transportation
1285	facility; provided however, that an impact of a single family
1286	home on an existing lot will constitute a de minimis impact on
1287	all roadways regardless of the level of the deficiency of the
1288	roadway. Local governments are encouraged to adopt methodologies
1289	to encourage de minimis impacts on transportation facilities
1290	within an existing urban service area. Further, no impact will
1291	be de minimis if it would exceed the adopted level-of-service
1292	standard of any affected designated hurricane evacuation routes.
1293	Each local government shall annually adjust its concurrency
1294	management system calculation of existing background traffic to
1295	reflect projects permitted under the de minimis exemption.
1296	(7)  In order to promote infill development and
1297	redevelopment, one or more transportation concurrency management
1298	areas may be designated in a local government comprehensive
1299	plan. A transportation concurrency management area must be a
1300	compact geographic area with an existing network of roads where
1301	multiple, viable alternative travel paths or modes are available
1302	for common trips. A local government may establish an areawide
1303	level-of-service standard for such a transportation concurrency
1304	management area based upon an analysis that provides for a
1305	justification for the areawide level of service, how urban
1306	infill development or redevelopment will be promoted, and how
1307	mobility will be accomplished within the transportation
1308	concurrency management area. Within designated urban infill and
1309	redevelopment areas, the local government and Department of
1310	Transportation shall cooperatively establish a plan for
1311	maintaining the adopted level-of-service standards established
1312	by the Department of Transportation for Strategic Intermodal
1313	System facilities, as defined in s. 339.64. The state land
1314	planning agency shall amend chapter 9J-5, Florida Administrative
1315	Code, to be consistent with this subsection.
1316	(9)(a)  Each local government may adopt as a part of its
1317	plan, a long-term transportation and school concurrency
1318	management systems system with a planning period of up to 10
1319	years for specially designated districts or areas where
1320	significant backlogs exist. The plan may include interim level-
1321	of-service standards on certain facilities and shall may rely on
1322	the local government's schedule of capital improvements for up
1323	to 10 years as a basis for issuing development orders that
1324	authorize commencement of construction permits in these
1325	designated districts or areas. The concurrency management
1326	system. It must be designed to correct existing deficiencies and
1327	set priorities for addressing backlogged facilities. The
1328	concurrency management system It must be financially feasible
1329	and consistent with other portions of the adopted local plan,
1330	including the future land use map.
1331	(b)  If a local government has a transportation or school
1332	facility backlog for existing development which cannot be
1333	adequately addressed in a 10-year plan, the state land planning
1334	agency may allow it to develop a plan and long-term schedule of
1335	capital improvements covering of up to 15 years for good and
1336	sufficient cause, based on a general comparison between that
1337	local government and all other similarly situated local
1338	jurisdictions, using the following factors:
1339	1.  The extent of the backlog.
1340	2.  For roads, whether the backlog is on local or state
1341	roads.
1342	3.  The cost of eliminating the backlog.
1343	4.  The local government's tax and other revenue-raising
1344	efforts.
1345	(c)  The local government may issue approvals to commence
1346	construction, notwithstanding s. 163.3180, consistent with and
1347	in areas that are subject to a long-term concurrency management
1348	system.
1349	(d)  If the local government adopts a long-term concurrency
1350	management system, the government must evaluate the system
1351	periodically. At a minimum, the local government must assess its
1352	progress toward improving levels of service within the long-term
1353	concurrency management district or area in the evaluation and
1354	appraisal report and determine any changes that are necessary to
1355	accelerate progress in meeting acceptable levels of service or
1356	providing other methods of transportation.
1357	(10)  With regard to facilities on the Florida Intrastate
1358	Highway System as defined in s. 338.001, with concurrence from
1359	the Department of Transportation, the level-of-service standard
1360	for general lanes in urbanized areas, as defined in s.
1361	334.03(36), may be established by the local government in the
1362	comprehensive plan. For the Strategic Intermodal System and all
1363	other facilities on the Florida Intrastate Highway System, local
1364	governments shall adopt the level-of-service standard that has
1365	been established by the Department of Transportation by rule.
1366	For all other roads on the State Highway System, local
1367	governments shall establish an adequate level-of-service
1368	standard that need not be consistent with any level-of-service
1369	standard established by the Department of Transportation. In
1370	establishing adequate level-of-service standards for any
1371	arterial roads or collector roads, as appropriate, which
1372	traverse multiple jurisdictions, local governments shall
1373	consider compatibility with the roadway facility's adopted
1374	level-of-service standards in adjacent jurisdictions. Each local
1375	government within a county shall use a common and professionally
1376	accepted methodology for measuring impacts on transportation
1377	facilities for the purposes of implementing its concurrency
1378	management system. Counties are encouraged to coordinate with
1379	adjacent counties for the purpose of using common methodologies
1380	for implementing their concurrency management systems.
1381	(13)  School concurrency, if imposed by local option, shall
1382	be established on a districtwide basis and shall include all
1383	public schools in the district and all portions of the district,
1384	whether located in a municipality or an unincorporated area
1385	unless exempt from the public school facilities element pursuant
1386	to s. 163.3177(12), except that this subsection shall not apply
1387	to the Florida School for the Deaf and the Blind. The
1388	development of school concurrency shall be accomplished through
1389	a coordinated process including the local school district, the
1390	county, and all non-exempt municipalities within the county and
1391	shall be reflected in the public school facilities element
1392	adopted pursuant to the schedule provided for in s.
1393	163.3177(12)(h). The school concurrency requirement shall not be
1394	effective until the adoption of the public school facilities
1395	element. The application of school concurrency to development
1396	shall be based upon the adopted comprehensive plan, as amended.
1397	All local governments within a county, except as provided in
1398	paragraph (f), shall adopt and transmit to the state land
1399	planning agency the necessary plan amendments, along with the
1400	interlocal agreement, for a compliance review pursuant to s.
1401	163.3184(7) and (8). School concurrency shall not become
1402	effective in a county until all local governments, except as
1403	provided in paragraph (f), have adopted the necessary plan
1404	amendments, which together with the interlocal agreement, are
1405	determined to be in compliance with the requirements of this
1406	part. The minimum requirements for school concurrency are the
1407	following:
1408	(a)  Public school facilities element.--A local government
1409	shall adopt and transmit to the state land planning agency a
1410	plan or plan amendment which includes a public school facilities
1411	element which is consistent with the requirements of s.
1412	163.3177(12) and which is determined to be in compliance as
1413	defined in s. 163.3184(1)(b). All local government public school
1414	facilities plan elements within a county must be consistent with
1415	each other as well as the requirements of this part.
1416	(b)  Level-of-service standards.--The Legislature
1417	recognizes that an essential requirement for a concurrency
1418	management system is the level of service at which a public
1419	facility is expected to operate.
1420	1.  Local governments and school boards imposing school
1421	concurrency shall exercise authority in conjunction with each
1422	other to establish jointly adequate level-of-service standards,
1423	as defined in chapter 9J-5, Florida Administrative Code,
1424	necessary to implement the adopted local government
1425	comprehensive plan, based on data and analysis.
1426	2.  Public school level-of-service standards shall be
1427	included and adopted into the capital improvements element of
1428	the local comprehensive plan and shall apply districtwide to all
1429	schools of the same type. Types of schools may include
1430	elementary, middle, and high schools as well as special purpose
1431	facilities such as magnet schools.
1432	3.  Local governments and school boards shall have the
1433	option to utilize tiered level-of-service standards to allow
1434	time to achieve an adequate and desirable level of service as
1435	circumstances warrant.
1436	(c)  Service areas.--The Legislature recognizes that an
1437	essential requirement for a concurrency system is a designation
1438	of the area within which the level of service will be measured
1439	when an application for a residential development permit is
1440	reviewed for school concurrency purposes. This delineation is
1441	also important for purposes of determining whether the local
1442	government has a financially feasible public school capital
1443	facilities program that will provide schools which will achieve
1444	and maintain the adopted level-of-service standards.
1445	1.  In order to balance competing interests, preserve the
1446	constitutional concept of uniformity, and avoid disruption of
1447	existing educational and growth management processes, local
1448	governments are encouraged to initially apply school concurrency
1449	to development only on a districtwide basis so that a
1450	concurrency determination for a specific development will be
1451	based upon the availability of school capacity districtwide. To
1452	ensure that development is coordinated with schools having
1453	available capacity, within 5 years after adoption of school
1454	concurrency local governments shall apply school concurrency on
1455	a less than districtwide basis, such as using school attendance
1456	zones or concurrency service areas, as provided in subparagraph
1457	2.
1458	2.  For local governments applying school concurrency on a
1459	less than districtwide basis, such as utilizing school
1460	attendance zones or larger school concurrency service areas,
1461	local governments and school boards shall have the burden to
1462	demonstrate that the utilization of school capacity is maximized
1463	to the greatest extent possible in the comprehensive plan and
1464	amendment, taking into account transportation costs and court-
1465	approved desegregation plans, as well as other factors. In
1466	addition, in order to achieve concurrency within the service
1467	area boundaries selected by local governments and school boards,
1468	the service area boundaries, together with the standards for
1469	establishing those boundaries, shall be identified and, included
1470	as supporting data and analysis for, and adopted as part of the
1471	comprehensive plan. Any subsequent change to the service area
1472	boundaries for purposes of a school concurrency system shall be
1473	by plan amendment and shall be exempt from the limitation on the
1474	frequency of plan amendments in s. 163.3187(1).
1475	3.  Where school capacity is available on a districtwide
1476	basis but school concurrency is applied on a less than
1477	districtwide basis in the form of concurrency service areas, if
1478	the adopted level-of-service standard cannot be met in a
1479	particular service area as applied to an application for a
1480	development permit through mitigation or other measures and if
1481	the needed capacity for the particular service area is available
1482	in one or more contiguous service areas, as adopted by the local
1483	government, then the development order  may not shall be denied
1484	on the basis of school concurrency, and if issued, development
1485	impacts shall be shifted to contiguous service areas with
1486	schools having available capacity and mitigation measures shall
1487	not be exacted.
1488	(d)  Financial feasibility.--The Legislature recognizes
1489	that financial feasibility is an important issue because the
1490	premise of concurrency is that the public facilities will be
1491	provided in order to achieve and maintain the adopted level-of-
1492	service standard. This part and chapter 9J-5, Florida
1493	Administrative Code, contain specific standards to determine the
1494	financial feasibility of capital programs. These standards were
1495	adopted to make concurrency more predictable and local
1496	governments more accountable.
1497	1.  A comprehensive plan amendment seeking to impose school
1498	concurrency shall contain appropriate amendments to the capital
1499	improvements element of the comprehensive plan, consistent with
1500	the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
1501	Administrative Code. The capital improvements element shall set
1502	forth a financially feasible public school capital facilities
1503	program, established in conjunction with the school board, that
1504	demonstrates that the adopted level-of-service standards will be
1505	achieved and maintained.
1506	2.  Such amendments shall demonstrate that the public
1507	school capital facilities program meets all of the financial
1508	feasibility standards of this part and chapter 9J-5, Florida
1509	Administrative Code, that apply to capital programs which
1510	provide the basis for mandatory concurrency on other public
1511	facilities and services.
1512	3.  When the financial feasibility of a public school
1513	capital facilities program is evaluated by the state land
1514	planning agency for purposes of a compliance determination, the
1515	evaluation shall be based upon the service areas selected by the
1516	local governments and school board.
1517	(e)  Availability standard.--Consistent with the public
1518	welfare, a local government may not deny a development order or
1519	its functional equivalent permit authorizing residential
1520	development for failure to achieve and maintain the level-of-
1521	service standard for public school capacity in a local option
1522	school concurrency management system where adequate school
1523	facilities will be in place or under actual construction within
1524	3 years after the permit issuance by the local government of a
1525	certificate of occupancy or its functional equivalent. School
1526	concurrency shall be satisfied if the developer executes a
1527	legally binding commitment to provide mitigation proportionate
1528	to the demand for public school facilities to be created by
1529	actual development of the property, including, but not limited
1530	to, the options described in subparagraph 1. Approval of a
1531	funding agreement shall not be unreasonably withheld. Any
1532	dispute shall be mediated pursuant to s. 120.573. Options for
1533	proportionate-share mitigation of impacts on public school
1534	facilities shall be established in the interlocal agreement
1535	pursuant to s. 163.31777.
1536	1.  Appropriate mitigation options include the contribution
1537	of land; the construction, expansion, or payment for land
1538	acquisition or construction of a public school facility; or the
1539	creation of mitigation banking based on the construction of a
1540	public school facility in exchange for the right to sell
1541	capacity credits. Such options must include execution by the
1542	applicant and the local government of a binding development
1543	agreement that constitutes a legally binding commitment to pay
1544	proportionate-share mitigation for the additional residential
1545	units approved by the local government in a development order
1546	and actually developed on the property, taking into account
1547	residential density allowed on the property prior to the plan
1548	amendment that increased overall residential density. The
1549	district school board shall be a party to such an agreement. As
1550	a condition of its entry into such a development agreement, the
1551	local government may require the landowner to agree to
1552	continuing renewal of the agreement upon its expiration.
1553	2.  If the education facilities plan and the public
1554	educational facilities element authorize a contribution of land;
1555	the construction, expansion, or payment for land acquisition; or
1556	the construction or expansion of a public school facility, or a
1557	portion of such facility, as proportionate-share mitigation, the
1558	local government shall credit such a contribution, construction,
1559	expansion, or payment toward any other impact fee or exaction
1560	imposed by local ordinance for the same need, on a dollar-for-
1561	dollar basis at fair market value.
1562	3.  Any proportionate-share mitigation must be directed by
1563	the school board toward a school capacity improvement that is
1564	identified in the financially feasible 5-year district work plan
1565	and that will be provided in accordance with a binding
1566	developer's agreement.
1567	(f)  Intergovernmental coordination.--
1568	1.  When establishing concurrency requirements for public
1569	schools, a local government shall satisfy the requirements for
1570	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1571	and 2., except that a municipality is not required to be a
1572	signatory to the interlocal agreement required by ss. s.
1573	163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1574	imposition of school concurrency, and as a nonsignatory, shall
1575	not participate in the adopted local school concurrency system,
1576	if the municipality meets all of the following criteria for
1577	having no significant impact on school attendance:
1578	a.  The municipality has issued development orders for
1579	fewer than 50 residential dwelling units during the preceding 5
1580	years, or the municipality has generated fewer than 25
1581	additional public school students during the preceding 5 years.
1582	b.  The municipality has not annexed new land during the
1583	preceding 5 years in land use categories which permit
1584	residential uses that will affect school attendance rates.
1585	c.  The municipality has no public schools located within
1586	its boundaries.
1587	d.  At least 80 percent of the developable land within the
1588	boundaries of the municipality has been built upon.
1589	2.  A municipality which qualifies as having no significant
1590	impact on school attendance pursuant to the criteria of
1591	subparagraph 1. must review and determine at the time of its
1592	evaluation and appraisal report pursuant to s. 163.3191 whether
1593	it continues to meet the criteria pursuant to s. 163.31777(6).
1594	If the municipality determines that it no longer meets the
1595	criteria, it must adopt appropriate school concurrency goals,
1596	objectives, and policies in its plan amendments based on the
1597	evaluation and appraisal report, and enter into the existing
1598	interlocal agreement required by ss. s. 163.3177(6)(h)2. and
1599	163.31777, in order to fully participate in the school
1600	concurrency system. If such a municipality fails to do so, it
1601	will be subject to the enforcement provisions of s. 163.3191.
1602	(g)  Interlocal agreement for school concurrency.--When
1603	establishing concurrency requirements for public schools, a
1604	local government must enter into an interlocal agreement which
1605	satisfies the requirements in s. 163.3177(6)(h)1. and 2. and the
1606	requirements of this subsection. The interlocal agreement shall
1607	acknowledge both the school board's constitutional and statutory
1608	obligations to provide a uniform system of free public schools
1609	on a countywide basis, and the land use authority of local
1610	governments, including their authority to approve or deny
1611	comprehensive plan amendments and development orders. The
1612	interlocal agreement shall be submitted to the state land
1613	planning agency by the local government as a part of the
1614	compliance review, along with the other necessary amendments to
1615	the comprehensive plan required by this part. In addition to the
1616	requirements of s. 163.3177(6)(h), the interlocal agreement
1617	shall meet the following requirements:
1618	1.  Establish the mechanisms for coordinating the
1619	development, adoption, and amendment of each local government's
1620	public school facilities element with each other and the plans
1621	of the school board to ensure a uniform districtwide school
1622	concurrency system.
1623	2.  Establish a process by which each local government and
1624	the school board shall agree and base their plans on consistent
1625	projections of the amount, type, and distribution of population
1626	growth and coordinate and share information relating to existing
1627	and planned public school facilities projections and proposals
1628	for development and redevelopment, and infrastructure required
1629	to support public school facilities.
1630	3.  Establish a process for the development of siting
1631	criteria which encourages the location of public schools
1632	proximate to urban residential areas to the extent possible and
1633	seeks to collocate schools with other public facilities such as
1634	parks, libraries, and community centers to the extent possible.
1635	4.  Specify uniform, districtwide level-of-service
1636	standards for public schools of the same type and the process
1637	for modifying the adopted levels-of-service standards.
1638	5.  Establish a process for the preparation, amendment, and
1639	joint approval by each local government and the school board of
1640	a public school capital facilities program which is financially
1641	feasible, and a process and schedule for incorporation of the
1642	public school capital facilities program into the local
1643	government comprehensive plans on an annual basis.
1644	6.  Define the geographic application of school
1645	concurrency. If school concurrency is to be applied on a less
1646	than districtwide basis in the form of concurrency service
1647	areas, the agreement shall establish criteria and standards for
1648	the establishment and modification of school concurrency service
1649	areas. The agreement shall also establish a process and schedule
1650	for the mandatory incorporation of the school concurrency
1651	service areas and the criteria and standards for establishment
1652	of the service areas into the local government comprehensive
1653	plans. The agreement shall ensure maximum utilization of school
1654	capacity, taking into account transportation costs and court-
1655	approved desegregation plans, as well as other factors. The
1656	agreement shall also ensure the achievement and maintenance of
1657	the adopted level-of-service standards for the geographic area
1658	of application throughout the 5 years covered by the public
1659	school capital facilities plan and thereafter by adding a new
1660	fifth year during the annual update.
1661	7.  Establish a uniform districtwide procedure for
1662	implementing school concurrency which provides for:
1663	a.  The evaluation of development applications for
1664	compliance with school concurrency requirements;
1665	b.  An opportunity for the school board to review and
1666	comment on the effect of comprehensive plan amendments and
1667	rezonings on the public school facilities plan; and
1668	c.  The monitoring and evaluation of the school concurrency
1669	system.
1670	8.  Include provisions relating to termination, suspension,
1671	and amendment of the agreement. The agreement shall provide that
1672	if the agreement is terminated or suspended, the application of
1673	school concurrency shall be terminated or suspended.
1674	(15)
1675	(c)  Local governments may establish multimodal level-of-
1676	service standards that rely primarily on nonvehicular modes of
1677	transportation within the district, when justified by an
1678	analysis demonstrating that the existing and planned community
1679	design will provide an adequate level of mobility within the
1680	district based upon professionally accepted multimodal level-of-
1681	service methodologies. Within designated urban infill and
1682	redevelopment areas, the local government and Department of
1683	Transportation shall cooperatively establish a plan for
1684	maintaining the adopted level-of-service standards established
1685	by the Department of Transportation for Strategic Intermodal
1686	System facilities, as defined in s. 339.64. The analysis must
1687	take into consideration the impact on the Florida Intrastate
1688	Highway System. The analysis must also demonstrate that the
1689	capital improvements required to promote community design are
1690	financially feasible over the development or redevelopment
1691	timeframe for the district and that community design features
1692	within the district provide convenient interconnection for a
1693	multimodal transportation system. Local governments may issue
1694	development permits in reliance upon all planned community
1695	design capital improvements that are financially feasible over
1696	the development or redevelopment timeframe for the district,
1697	without regard to the period of time between development or
1698	redevelopment and the scheduled construction of the capital
1699	improvements. A determination of financial feasibility shall be
1700	based upon currently available funding or funding sources that
1701	could reasonably be expected to become available over the
1702	planning period.
1703	(16)(a)  It is the intent of the Legislature to provide a
1704	method by which the impacts of development on transportation
1705	facilities can be mitigated by the cooperative efforts of the
1706	public and private sectors.
1707	(b)  When authorized in a local government comprehensive
1708	plan, local governments may create mitigation banks for
1709	transportation facilities to satisfy the concurrency provisions
1710	of this section, using the process and methodology developed in
1711	accordance with s. 163.3177(6)(b).
1712	(c)  Mitigation contributions shall be used to satisfy the
1713	transportation concurrency requirements of this section and may
1714	be applied as a credit against impact fees. Mitigation for
1715	development impacts to facilities on the Strategic Intermodal
1716	System made pursuant to this subsection requires the concurrence
1717	of the Department of Transportation. However, this does not
1718	authorize the Department of Transportation to arbitrarily charge
1719	a fee or require additional mitigation. Concurrence by the
1720	Department of Transportation may not be withheld unduly.
1721	(d)  Transportation facilities concurrency shall be
1722	satisfied if the developer executes a legally binding commitment
1723	to provide mitigation proportionate to the demand for
1724	transportation facilities to be created by actual development of
1725	the property, including, but not limited to, the options for
1726	mitigation established in the transportation element or traffic
1727	circulation element. Approval of a funding agreement shall not
1728	be unreasonably withheld. Any dispute shall be mediated pursuant
1729	to s. 120.573. Appropriate transportation mitigation
1730	contributions may include public or private funds; the
1731	contribution of right-of-way; the construction of a
1732	transportation facility or payment for the right-of-way or
1733	construction of a transportation facility or service; or the
1734	provision of transit service. Such options shall include
1735	execution of an enforceable development agreement for projects
1736	to be funded by a developer.
1737	(17)  A development may satisfy the concurrency
1738	requirements of the local comprehensive plan, the local
1739	government's land development regulations, and s. 380.06 by
1740	entering into a legally binding commitment to provide mitigation
1741	proportionate to the direct impact of the development. A local
1742	government may not require a development to pay more than its
1743	proportionate-share contribution regardless of the method
1744	mitigation.
1745	Section 8.  Paragraph (a) of subsection (6) of section
1746	163.3184, Florida Statutes, is amended to read:
1747	163.3184  Process for adoption of comprehensive plan or
1748	plan amendment.--
1749	(6)  STATE LAND PLANNING AGENCY REVIEW.--
1750	(a)  The state land planning agency may shall review a
1751	proposed plan amendment upon request of a regional planning
1752	council, affected person, or local government transmitting the
1753	plan amendment. The request from the regional planning council
1754	or affected person must be received within 30 days after
1755	transmittal of the proposed plan amendment pursuant to
1756	subsection (3). A regional planning council or affected person
1757	requesting a review shall do so by submitting a written request
1758	to the agency with a notice of the request to the local
1759	government and any other person who has requested notice.
1760	Section 9.  Paragraph (o) is added to subsection (1) of
1761	section 163.3187, Florida Statutes, to read:
1762	163.3187  Amendment of adopted comprehensive plan.--
1763	(1)  Amendments to comprehensive plans adopted pursuant to
1764	this part may be made not more than two times during any
1765	calendar year, except:
1766	(o)1.  For local governments that are more than 90 percent
1767	built-out, which for purposes of this paragraph means 90 percent
1768	of a local government's developable land is currently developed,
1769	any local government comprehensive plan amendments may be
1770	approved without regard to statutory limits on the frequency of
1771	consideration of amendments to the local comprehensive plan only
1772	if the proposed amendment involves a use of 100 acres or fewer
1773	and:
1774	a.  The cumulative annual effect of the acreage for all
1775	amendments adopted pursuant to this paragraph does not exceed
1776	500 acres.
1777	b.  The proposed amendment does not involve the same
1778	property granted a change within the prior 12 months.
1779	c.  The proposed amendment does not involve the same
1780	owner's property within 200 feet of property granted a change
1781	within the prior 12 months.
1782	d.  The proposed amendment does not involve a text change
1783	to the goals, policies, and objectives of the local government's
1784	comprehensive plan but only proposes a land use change to the
1785	future land use map for a site-specific small scale development
1786	activity.
1787	e.  The property that is the subject of the proposed
1788	amendment is not located within an area of critical state
1789	concern.
1790	2.a.  A local government that proposes to consider a plan
1791	amendment pursuant to this paragraph is not required to comply
1792	with the procedures and public notice requirements of s.
1793	163.3184(15)(c) for such plan amendments if the local government
1794	complies with the provisions of s. 125.66(4)(a) for a county or
1795	of s. 166.041(3)(c) for a municipality. If a request for a plan
1796	amendment under this paragraph is initiated by other than the
1797	local government, public notice is required.
1798	b.  The local government shall send copies of the notice
1799	and amendment to the state land planning agency, the regional
1800	planning council, and any other person or entity requesting a
1801	copy. This information shall also include a statement
1802	identifying any property subject to the amendment that is
1803	located within a coastal high hazard area as identified in the
1804	local comprehensive plan.
1805	3.  Amendments adopted pursuant to this paragraph require
1806	only one public hearing before the governing board, which shall
1807	be an adoption hearing as described in s. 163.3184(7), and are
1808	not subject to the requirements of s. 163.3184(3)-(6) unless the
1809	local government elects to have them subject to those
1810	requirements.
1811	4.  This paragraph shall not apply if a municipality
1812	annexes unincorporated property that decreases the percentage of
1813	build-out to an amount below 90 percent.
1814	Section 10.  Paragraphs (k) and (l) of subsection (2) and
1815	subsection (10) of section 163.3191, Florida Statutes, are
1816	amended to read:
1817	163.3191  Evaluation and appraisal of comprehensive plan.--
1818	(2)  The report shall present an evaluation and assessment
1819	of the comprehensive plan and shall contain appropriate
1820	statements to update the comprehensive plan, including, but not
1821	limited to, words, maps, illustrations, or other media, related
1822	to:
1823	(k)  The coordination of the comprehensive plan with
1824	existing public schools and those identified in the applicable
1825	educational facilities plan adopted pursuant to s. 1013.35. The
1826	assessment shall address, where relevant, the success or failure
1827	of the coordination of the future land use map and associated
1828	planned residential development with public schools and their
1829	capacities, as well as the joint decisionmaking processes
1830	engaged in by the local government and the school board in
1831	regard to establishing appropriate population projections and
1832	the planning and siting of public school facilities. For
1833	counties or municipalities that do not have a public schools
1834	interlocal agreement or public school facility element, the
1835	assessment shall determine whether the local government
1836	continues to meet the criteria of s. 163.3177(12). If the county
1837	or municipality determines that it no longer meets the criteria,
1838	the county or municipality must adopt appropriate school
1839	concurrency goals, objectives, and policies in its plan
1840	amendments pursuant to the requirements of the public school
1841	facility element and enter into the existing interlocal
1842	agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
1843	order to fully participate in the school concurrency system If
1844	the issues are not relevant, the local government shall
1845	demonstrate that they are not relevant.
1846	(l)  The report must evaluate whether the local government
1847	has been successful in identifying water supply sources,
1848	including conservation and reuse, necessary to meet existing and
1849	projected water use demand for the comprehensive plan's water
1850	supply work plan. The water supply sources evaluated in the
1851	report must be consistent with evaluation must consider the
1852	appropriate water management district's regional water supply
1853	plan approved pursuant to s. 373.0361. The report must evaluate
1854	the degree to which the local government has implemented the
1855	work plan for water supply facilities included in the potable
1856	water element. The potable water element must be revised to
1857	include a work plan, covering at least a 10-year planning
1858	period, for building any water supply facilities that are
1859	identified in the element as necessary to serve existing and new
1860	development and for which the local government is responsible.
1861	(10)  The governing body shall amend its comprehensive plan
1862	based on the recommendations in the report and shall update the
1863	comprehensive plan based on the components of subsection (2),
1864	pursuant to the provisions of ss. 163.3184, 163.3187, and
1865	163.3189. Amendments to update a comprehensive plan based on the
1866	evaluation and appraisal report shall be adopted within 18
1867	months after the report is determined to be sufficient by the
1868	state land planning agency, except the state land planning
1869	agency may grant an extension for adoption of a portion of such
1870	amendments. The state land planning agency may grant a 6-month
1871	extension for the adoption of such amendments if the request is
1872	justified by good and sufficient cause as determined by the
1873	agency. An additional extension may also be granted if the
1874	request will result in greater coordination between
1875	transportation and land use, for the purposes of improving
1876	Florida's transportation system, as determined by the agency in
1877	coordination with the Metropolitan Planning Organization
1878	program. Failure to timely adopt updating amendments to the
1879	comprehensive plan based on the evaluation and appraisal report
1880	shall result in a local government being prohibited from
1881	adopting amendments to the comprehensive plan until the
1882	evaluation and appraisal report updating amendments have been
1883	adopted and found in compliance by the state land planning
1884	agency. The prohibition on plan amendments shall commence when
1885	the updating amendments to the comprehensive plan are past due.
1886	The comprehensive plan as amended shall be in compliance as
1887	defined in s. 163.3184(1)(b). Within 6 months after the
1888	effective date of the updating amendments to the comprehensive
1889	plan, the local government shall provide to the state land
1890	planning agency and to all agencies designated by rule a
1891	complete copy of the updated comprehensive plan.
1892	Section 11.  Section 163.3247, Florida Statutes, is created
1893	to read:
1894	163.3247  Century Commission for a Sustainable Florida.--
1895	(1)  POPULAR NAME.--This section may be cited as the
1896	"Century Commission for a Sustainable Florida Act."
1897	(2)  FINDINGS AND INTENT.--The Legislature finds and
1898	declares that the population of this state is expected to more
1899	than double over the next 100 years, with commensurate impacts
1900	to the state's natural resources and public infrastructure.
1901	Consequently, it is in the best interests of the people of the
1902	state to ensure sound planning for the proper placement of this
1903	growth and protection of the state's land, water, and other
1904	natural resources since such resources are essential to our
1905	collective quality of life and a strong economy. The state's
1906	growth management system should foster economic stability
1907	through regional solutions and strategies, urban renewal and
1908	infill, and the continued viability of agricultural economies,
1909	while allowing for rural economic development and protecting the
1910	unique characteristics of rural areas, and should reduce the
1911	complexity of the regulatory process while carrying out the
1912	intent of the laws and encouraging greater citizen
1913	participation.
1914	(3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
1915	CREATION; ORGANIZATION.--The Century Commission for a
1916	Sustainable Florida is created as a standing body to help the
1917	citizens of this state envision and plan their collective future
1918	with an eye towards both 20-year and 50-year horizons.
1919	(a)  The commission shall consist of nine members, three
1920	appointed by the Governor, three appointed by the President of
1921	the Senate, and three appointed by the Speaker of the House of
1922	Representatives. Appointments shall be made no later than
1923	October 1, 2005. One member shall be designated by the Governor
1924	as chair of the commission. Any vacancy that occurs on the
1925	commission must be filled in the same manner as the original
1926	appointment and shall be for the unexpired term of that
1927	commission seat. Members shall serve 4-year terms, except that,
1928	initially, to provide for staggered terms, three of the
1929	appointees, one each by the Governor, the President of the
1930	Senate, and the Speaker of the House of Representatives, shall
1931	serve 2-year terms, three shall serve 3-year terms, and three
1932	shall serve 4-year terms. All subsequent appointments shall be
1933	for 4-year terms. An appointee may not serve more than 6 years.
1934	(b)  The first meeting of the commission shall be held no
1935	later than December 1, 2005, and shall meet at the call of the
1936	chair but not less frequently than three times per year in
1937	different regions of the state to solicit input from the public
1938	or any other individuals offering testimony relevant to the
1939	issues to be considered.
1940	(c)  Each member of the commission is entitled to one vote
1941	and actions of the commission are not binding unless taken by a
1942	three-fifths vote of the members present. A majority of the
1943	members is required to constitute a quorum, and the affirmative
1944	vote of a quorum is required for a binding vote.
1945	(d)  Members of the commission shall serve without
1946	compensation but shall be entitled to receive per diem and
1947	travel expenses in accordance with s. 112.061 while in
1948	performance of their duties.
1949	(4)  POWERS AND DUTIES.--The commission shall:
1950	(a)  Annually conduct a process through which the
1951	commission envisions the future for the state and then develops
1952	and recommends policies, plans, action steps, or strategies to
1953	assist in achieving the vision.
1954	(b)  Continuously review and consider statutory and
1955	regulatory provisions, governmental processes, and societal and
1956	economic trends in its inquiry of how state, regional, and local
1957	governments and entities and citizens of this state can best
1958	accommodate projected increased populations while maintaining
1959	the natural, historical, cultural, and manmade life qualities
1960	that best represent the state.
1961	(c)  Bring together people representing varied interests to
1962	develop a shared image of the state and its developed and
1963	natural areas. The process should involve exploring the impact
1964	of the estimated population increase and other emerging trends
1965	and issues; creating a vision for the future; and developing a
1966	strategic action plan to achieve that vision using 20-year and
1967	50-year intermediate planning timeframes.
1968	(d)  Focus on essential state interests, defined as those
1969	interests that transcend local or regional boundaries and are
1970	most appropriately conserved, protected, and promoted at the
1971	state level.
1972	(e)  Serve as an objective, nonpartisan repository of
1973	exemplary community-building ideas and as a source to recommend
1974	strategies and practices to assist others in working
1975	collaboratively to problem solve on issues relating to growth
1976	management.
1977	(f)  Annually, beginning January 16, 2007, and every year
1978	thereafter on the same date, provide to the Governor, the
1979	President of the Senate, and the Speaker of the House of
1980	Representatives a written report containing specific
1981	recommendations for addressing growth management in the state,
1982	including executive and legislative recommendations. Further,
1983	the report shall contain discussions regarding the need for
1984	intergovernmental cooperation and the balancing of environmental
1985	protection and future development and recommendations on issues,
1986	including, but not limited to, recommendations regarding
1987	dedicated sources of funding for sewer facilities, water supply
1988	and quality, transportation facilities that are not adequately
1989	addressed by the Strategic Intermodal System, and educational
1990	infrastructure to support existing development and projected
1991	population growth. This report shall be verbally presented to a
1992	joint session of both houses annually as scheduled by the
1993	President of the Senate and the Speaker of the House of
1994	Representatives.
1995	(g)  Beginning with the 2007 Regular Session of the
1996	Legislature, the President of the Senate and Speaker of the
1997	House of Representatives shall create a joint select committee,
1998	the task of which shall be to review the findings and
1999	recommendations of the Century Commission for a Sustainable
2000	Florida for potential action.
2001	(5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
2002	(a)  The Secretary of Community Assistance shall select an
2003	executive director of the commission, and the executive director
2004	shall serve at the pleasure of the secretary under the
2005	supervision and control of the commission.
2006	(b)  The Department of Community Assistance shall provide
2007	staff and other resources necessary to accomplish the goals of
2008	the commission based upon recommendations of the Governor.
2009	(c)  All agencies under the control of the Governor are
2010	directed, and all other agencies are requested, to render
2011	assistance to, and cooperate with, the commission.
2012	Section 12.  Paragraph (b) of subsection (4) of section
2013	339.135, Florida Statutes, is amended to read:
2014	339.135  Work program; legislative budget request;
2015	definitions; preparation, adoption, execution, and amendment.--
2016	(4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
2017	(b)1.  A tentative work program, including the ensuing
2018	fiscal year and the successive 4 fiscal years, shall be prepared
2019	for the State Transportation Trust Fund and other funds managed
2020	by the department, unless otherwise provided by law. The
2021	tentative work program shall be based on the district work
2022	programs and shall set forth all projects by phase to be
2023	undertaken during the ensuing fiscal year and planned for the
2024	successive 4 fiscal years. The total amount of the liabilities
2025	accruing in each fiscal year of the tentative work program may
2026	not exceed the revenues available for expenditure during the
2027	respective fiscal year based on the cash forecast for that
2028	respective fiscal year.
2029	2.  The tentative work program shall be developed in
2030	accordance with the Florida Transportation Plan required in s.
2031	339.155 and must comply with the program funding levels
2032	contained in the program and resource plan.
2033	3.  The department may include in the tentative work
2034	program proposed changes to the programs contained in the
2035	previous work program adopted pursuant to subsection (5);
2036	however, the department shall minimize changes and adjustments
2037	that affect the scheduling of project phases in the 4 common
2038	fiscal years contained in the previous adopted work program and
2039	the tentative work program. The department, in the development
2040	of the tentative work program, shall advance by 1 fiscal year
2041	all projects included in the second year of the previous year's
2042	adopted work program, unless the secretary specifically
2043	determines that it is necessary, for specific reasons, to
2044	reschedule or delete one or more projects from that year. Such
2045	changes and adjustments shall be clearly identified, and the
2046	effect on the 4 common fiscal years contained in the previous
2047	adopted work program and the tentative work program shall be
2048	shown. It is the intent of the Legislature that the first 5
2049	years of the adopted work program for facilities designated as
2050	part of the Florida Intrastate Highway System and the first 3
2051	years of the adopted work program stand as the commitment of the
2052	state to undertake transportation projects that local
2053	governments may rely on for planning and concurrency purposes
2054	and in the development and amendment of the capital improvements
2055	elements of their local government comprehensive plans.
2056	4.  The tentative work program must include a balanced 36-
2057	month forecast of cash and expenditures and a 5-year finance
2058	plan supporting the tentative work program.
2059	Section 13.  Section 339.28171, Florida Statutes, is
2060	created to read:
2061	339.28171  Local Government Concurrency Program for
2062	Sustainable Transportation.--
2063	(1)  There is created within the Department of
2064	Transportation a Local Government Concurrency Program for
2065	Sustainable Transportation for the purpose of providing grants
2066	to local governments, to improve a transportation facility or
2067	system which addresses identified concurrency management system
2068	backlog and relieves traffic congestion in urban infill and
2069	redevelopment areas.
2070	(2)  To be eligible for consideration, projects must be
2071	consistent, to the maximum extent feasible, with local
2072	government comprehensive plans and the Strategic Intermodal
2073	System.
2074	(3)  The department shall develop criteria to fund local
2075	government projects addressing any concurrency management system
2076	backlog. The district secretary shall use the following criteria
2077	to evaluate the project applications:
2078	(a)  The level of local government funding efforts.
2079	(b)  The level of local funding provided for the proposed
2080	project.
2081	(c)  The ability of local government to rapidly address
2082	project construction.
2083	(d)  The level of municipal and county cooperation on the
2084	proposed project.
2085	(e)  The project location within an urban infill area, a
2086	community redevelopment area, a concurrency management area, or
2087	a rural area of critical economic concern.
2088	(f)  The extent to which the project would foster public-
2089	private partnerships and investment.
2090	(g)  The extent to which the project provides or protects
2091	environmentally sensitive areas.
2092	(h)  The extent to which new technologies are used to
2093	support urban mobility, a mass transit system, bicycle
2094	facilities, or pedestrian pathways.
2095	(4)  As part of the project application, the local
2096	government shall demonstrate a long-term transportation
2097	concurrency system to address the existing capital improvement
2098	program backlog and how this project implements that plan.
2099	(5)  The percentage of matching funds available to
2100	applicants shall be based on the following:
2101	(a)  For projects that provide capacity on the Strategic
2102	Intermodal System shall be 35 percent.
2103	(b)  For projects that provide capacity on the Florida
2104	Intrastate Highway System, the percentage shall be 45 percent.
2105	(c)  For local projects that demonstrate capacity
2106	improvements in the urban service boundary, or urban infill or
2107	redevelopment are, or provide such capacity replacement to the
2108	Florida Intrastate Highway System, the percentage shall be 65
2109	percent.
2110	(6)  The department may adopt rules to administer the
2111	program.
2112	Section 14.  Section 339.2820, Florida Statutes, is created
2113	to read:
2114	339.2820  Off-System Bridge Program for Sustainable
2115	Transportation.--
2116	(1)  There is created within the Department of
2117	Transportation an Off-System Bridge Program for Sustainable
2118	Transportation for the purpose of providing funds to improve the
2119	sufficiency rating of local bridges.
2120	(2)  The percentage of matching funds provided from the
2121	Off-System Bridge Program for Sustainable Transportation may
2122	fund up to 50 percent of project costs.
2123	(3)  The department shall allocate funding available for
2124	the Off-System Bridge Program for Sustainable Transportation for
2125	projects to replace, rehabilitate, paint, or install scour
2126	countermeasures to highway bridges located on public roads,
2127	other than those on a federal-aid highway.
2128	(4)  Projects to be funded from the Off-System Bridge
2129	Program for Sustainable Transportation shall, at a minimum:
2130	(a)  Be classified as a structurally deficient bridge with
2131	a poor condition rating for either the deck, superstructure, or
2132	substructure component, or culvert.
2133	(b)  Have a sufficiency rating of 35 or below.
2134	(c)  Have average daily traffic of at least 500 vehicles.
2135
2136	Special consideration shall be given to bridges that are closed
2137	to all traffic or that have a load restriction of less than 10
2138	tons.
2139	Section 15.  Paragraphs (l) and (m) are added to subsection
2140	(24) of section 380.06, Florida Statutes, to read:
2141	380.06  Developments of regional impact.--
2142	(24)  STATUTORY EXEMPTIONS.--
2143	(l)  Any proposed development or redevelopment within an
2144	area designated in the comprehensive plan for:
2145	1.  Urban infill development;
2146	2.  Urban redevelopment;
2147	3.  Downtown revitalization; or
2148	4.  Urban infill and redevelopment under s. 163.2517,
2149
2150	is exempt from the provisions of this section.
2151	(m)  Any proposed development within a rural land
2152	stewardship area created pursuant to s. 163.3177(11)(d) is
2153	exempt from the provisions of this section.
2154	Section 16.  The Office of Program Policy Analysis and
2155	Government Accountability shall conduct a study on adjustments
2156	to the boundaries of regional planning councils, water
2157	management districts, and transportation districts. The purpose
2158	of the study is to organize these regional boundaries to be more
2159	coterminous with one another, creating a more unified system of
2160	regional boundaries. The study must be completed by December 31,
2161	2005, and a study report submitted to the President of the
2162	Senate, the Speaker of the House of Representatives, and the
2163	Governor and the Century Commission for a Sustainable Florida by
2164	January 15, 2006.
2165	Section 17.  Section 1013.352, Florida Statutes, is created
2166	to read:
2167	1013.352  Charter School Incentive Program for Sustainable
2168	Schools.--There is hereby created the "Charter School Incentive
2169	Program for Sustainable Schools." Recognizing that there is an
2170	increasing deficit in educational facilities in this state, the
2171	Legislature believes that there is a need for creativeness in
2172	planning and development of additional educational facilities.
2173	To assist with the development of educational facilities, those
2174	charter schools whose charters are approved within 18 months
2175	after the effective date of this act shall be eligible for state
2176	funds under the following conditions:
2177	(1)  The charter school is created to address school over-
2178	capacity issues or growth demands within the county.
2179	(2)  A joint letter from the district school board and the
2180	charter school has been submitted with the proposed charter
2181	school charter that provides that the school board authorized
2182	the charter school as a result of school overcrowding or growth
2183	demands within the county and the school board requests that the
2184	requirement of s. 1013.62(1)(a)1. are waived.
2185	(3)  The charter school has received an in-kind
2186	contribution or equivalent from an outside source other than the
2187	district school board that has been equally matched by the
2188	district school board.
2189
2190	Notwithstanding s. 1013.62(7), if the above conditions apply,
2191	the Commissioner of Education, in consultation with the
2192	Department of Community Assistance, may waive the requirement of
2193	s. 1013.62(1)(a)1. and, if waived, shall distribute up to $2
2194	million per charter school based upon the amount of the in-kind
2195	contribution or equivalent from an outside source other than the
2196	district school board received by the charter school. Under no
2197	conditions may the Commissioner of Education distribute funds to
2198	a newly chartered charter school that has not received an in-
2199	kind contribution or equivalent from an outside source other
2200	than the district school board.
2201	Section 18.  Section 163.31776, Florida Statutes, is
2202	repealed.
2203	Section 19.  Effective July 1, 2005, the sum of $500
2204	million is appropriated from the General Revenue Fund to the
2205	Department of Transportation to be used as follows:
2206	(1)  The sum of $450 million shall be used for the Local
2207	Government Concurrency Program for Sustainable Transportation
2208	created pursuant to s. 339.28171, Florida Statutes.
2209	(2)  The sum of $50 million shall be used for the Off-
2210	System Bridge Program for Sustainable Transportation created
2211	pursuant to s. 339.2820, Florida Statutes.
2212	Section 20.  Funding for Sustainable Water Supplies.--
2213	(1)  Effective July 1, 2005, the sum of $100 million is
2214	appropriated to the Department of Environmental Protection to
2215	provide funding for the development of alternative water
2216	supplies. The department shall deposit such revenues into the
2217	alternative water supply trust fund accounts created by each
2218	district for the purpose of alternative supply development under
2219	the following funding formula:
2220	(a)  Forty percent to the South Florida Water Management
2221	District.
2222	(b)  Twenty-five percent to the Southwest Florida Water
2223	Management District.
2224	(c)  Twenty-five percent to the St. Johns River Water
2225	Management District.
2226	(d)  Five percent to the Suwannee River Water Management
2227	District.
2228	(e)  Five percent to the Northwest Florida Water Management
2229	District.
2230	(2)  The financial assistance for alternative water supply
2231	development contained in each district's economic incentives
2232	plan as required in s. 373.196(3), Florida Statutes, shall be
2233	deposited along with the state funds into an alternative water
2234	supply trust account created by each district and used to fund
2235	the local capital costs of alternative water supply projects
2236	approved pursuant to this section. For purposes of this section,
2237	the term "capital costs" means planning, design, engineering,
2238	and project construction costs, as well as legal,
2239	administrative, and permitting costs, and the term "alternative
2240	water supplies" includes, but is not limited to, water that has
2241	been reclaimed after one or more public supply, municipal,
2242	industrial, commercial, or agricultural uses; stormwater,
2243	brackish water, or saltwater; sources made more efficient
2244	through the interconnection of separate utility and other water
2245	supply systems; sources made available through enhanced storage
2246	capacity such as groundwater augmentation, aquifer storage and
2247	recovery, and surface water reservoirs; and any other
2248	nontraditional source, including surface water within the
2249	Southwest Florida Water Management District, of water supply
2250	that has been treated in accordance with applicable rules and
2251	standards sufficient to meet the intended use.
2252	(3)  All funds provided by the state for the purpose of
2253	funding alternative water supply grants, shall, at a minimum,
2254	require a 50-percent match by the water management districts and
2255	grant applicant.
2256	Section 21.  Funding for Sustainable Schools.--In order to
2257	provide for innovative approaches to meet school capacity
2258	demands, effective July 1, 2005, the sum of $50 million is
2259	appropriated from the General Revenue Fund to the Department of
2260	Education to be used as follows:
2261	(1)  The sum of $35 million shall be used for the Charter
2262	School Incentive Program for Sustainable Schools created
2263	pursuant to section 1013.352, Florida Statutes.
2264	(2)  The sum of $15 million shall be used for educational
2265	facility benefit districts as provided in s. 1013.356(3),
2266	Florida Statutes, as follows: for construction and capital
2267	maintenance costs not covered by the funds provided under s.
2268	1013.356(1), Florida Statutes, in fiscal year 2005-2006, an
2269	amount contributed by the state equal to 25 percent of the
2270	remaining costs of construction and capital maintenance of the
2271	educational facilities. If all state funds have been allocated,
2272	the district school board shall contribute an amount equal to
2273	one-half of the remaining costs. Any construction costs above
2274	the cost-per-student criteria established for the SIT Program in
2275	s. 1013.72(2), Florida Statutes, shall be funded exclusively by
2276	the educational facilities benefit district or the community
2277	development district. Funds contributed by a district school
2278	board shall not be used to fund operational costs. Funds not
2279	committed by March 31, 2006, revert to the Charter School
2280	Incentive Program for Sustainable Schools created pursuant to s.
2281	1013.352, Florida Statutes.
2282	Section 22.  Small County Technical Assistance for a
2283	Sustainable Florida.--In order to promote good growth practices
2284	within rural areas of the state that not only prevent urban
2285	sprawl but protect the character of our rural communities,
2286	effective July 1, 2005, the sum of $500,000 is appropriated from
2287	the General Revenue Fund to the Department of Community
2288	Assistance to provide technical assistance related to innovative
2289	planning strategies unique to rural landscapes to counties with
2290	a population of less than 50,000, as determined pursuant to s.
2291	11.031, Florida Statutes, and the municipalities located within
2292	those counties. The department shall provide a report to the
2293	Governor, President of the Senate, and Speaker of the House of
2294	Representatives by December 1, 2006, which shall contain a list
2295	of local governments that were assisted, the dollar amounts
2296	provided to each local government, a brief description of the
2297	assistance provided and how the assistance promotes good growth
2298	practices, and a recommendation of whether additional funds
2299	should be appropriated to assist these counties.
2300	Section 23.  Effective July 1, 2005, the sum of $250,000 is
2301	appropriated from the General Revenue Fund to the Department of
2302	Community Assistance to provide the necessary staff and other
2303	assistance to the Century Commission for a Sustainable Florida
2304	required by section 11.
2305	Section 24.  The Division of Statutory Revision of the
2306	Office of Legislative Services shall prepare proposed
2307	legislation for introduction in the 2006 Regular Session to
2308	amend provisions of the Florida Statutes to change references to
2309	the Department of Community Affairs to the Department of
2310	Community Assistance in conformance with the provisions of this
2311	act.
2312	Section 25.  This act shall take effect July 1, 2005.

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