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