Amendment
Bill No. 0360

Amendment No. 882799

CHAMBER ACTION
Senate		House
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1	Representative(s) Johnson offered the following:
2
3	Remove everything after the enacting clause, and insert:
4	Section 1.  Subsection (32) is added to section 163.3164,
5	Florida Statutes, to read:
6	163.3164  Local Government Comprehensive Planning and Land
7	Development Regulation Act; definitions.--As used in this act:
8	(32)  "Financial feasibility" means that sufficient
9	revenues are currently available or will be available from
10	committed or planned funding sources available for financing
11	capital improvements, such as ad valorem taxes, bonds, state and
12	federal funds, tax revenues, impact fees, and developer
13	contributions, which are adequate to fund the projected costs of
14	the capital improvements and as otherwise identified within this
15	act necessary to ensure that adopted level-of-service standards
16	are achieved and maintained within the 5-year schedule of
17	capital improvements. The requirement that level-of service
18	standards be achieved and maintained shall not apply if the
19	proportionate-share process set forth in ss. 163.3180(12), (16),
20	and (17) is used.
21	Section 2.  Subsection (3), paragraphs (a), (c), and (h) of
22	subsection (6), paragraph (d) of subsection (11), and subsection
23	(12) of section 163.3177, Florida Statutes, are amended, and
24	subsections (13) and (14) are added to that section, to read:
25	163.3177  Required and optional elements of comprehensive
26	plan; studies and surveys.--
27	(3)(a)  The comprehensive plan shall contain a capital
28	improvements element designed to consider the need for and the
29	location of public facilities in order to encourage the
30	efficient utilization of such facilities and set forth:
31	1.  A component which outlines principles for construction,
32	extension, or increase in capacity of public facilities, as well
33	as a component which outlines principles for correcting existing
34	public facility deficiencies, which are necessary to implement
35	the comprehensive plan.  The components shall cover at least a
36	5-year period.
37	2.  Estimated public facility costs, including a
38	delineation of when facilities will be needed, the general
39	location of the facilities, and projected revenue sources to
40	fund the facilities.
41	3.  Standards to ensure the availability of public
42	facilities and the adequacy of those facilities including
43	acceptable levels of service.
44	4.  Standards for the management of debt.
45	5.  A schedule of capital improvements which includes
46	publicly funded projects, and which may include privately funded
47	projects.
48	6.  The schedule must include transportation improvements
49	included in the applicable metropolitan planning organization's
50	transportation improvement program adopted pursuant to s.
51	339.175(7) to the extent that such improvements are relied upon
52	to ensure concurrency and financial feasibility. The schedule
53	must also be coordinated with the applicable metropolitan
54	planning organization's long-range transportation plan adopted
55	pursuant to s. 339.175(6).
56	(b)1.  The capital improvements element shall be reviewed
57	on an annual basis and modified as necessary in accordance with
58	s. 163.3187 or s. 163.3189 in order to maintain a financially
59	feasible 5-year schedule of capital improvements., except that
60	Corrections, updates, and modifications concerning costs;
61	revenue sources; or acceptance of facilities pursuant to
62	dedications which are consistent with the plan; or the date of
63	construction of any facility enumerated in the capital
64	improvements schedule element may be accomplished by ordinance
65	and shall not be deemed to be amendments to the local
66	comprehensive plan. A copy of the ordinance shall be transmitted
67	to the state land planning agency. An amendment to the
68	comprehensive plan is required to update the schedule on an
69	annual basis or to eliminate, defer, or delay the construction
70	for any facility listed in the 5-year schedule.  All public
71	facilities shall be consistent with the capital improvements
72	element. Amendments to implement this section must be adopted
73	and transmitted no later than December 1, 2007. Thereafter, a
74	local government may not amend its future land use map, except
75	for plan amendments to meet new requirements under this part and
76	emergency amendments pursuant to s. 163.3187(1)(a), after
77	December 1, 2007, and every year thereafter, unless and until
78	the local government has adopted the annual update and it has
79	been transmitted to the state land planning agency.
80	2.  Capital improvements element amendments adopted after
81	the effective date of this act shall require at least two public
82	hearings before the governing board, the last of which shall be
83	an adoption hearing as described in s. 163.3184(7). Such
84	amendments are not subject to the requirements of s.
85	163.3184(3)-(6). All public comments submitted shall be
86	forwarded to the department for consideration during the
87	department's review. Amendments to the 5-year schedule of
88	capital improvements adopted after the effective date of this
89	act shall not be subject to challenge by an affected party. If
90	the department determines that an amendment pursuant to this
91	subparagraph is not in compliance, the local government may
92	challenge that determination pursuant to s. 163.3184(10). An
93	affected party may intervene in such challenge but may not
94	maintain an independent action if the local government and the
95	department enter into a compliance agreement.
96	(c)  If the local government does not adopt the required
97	annual update to the schedule of capital improvements or the
98	annual update is found not in compliance, the state land
99	planning agency must notify the Administration Commission. A
100	local government that has a demonstrated lack of commitment to
101	meeting its obligations identified in the capital improvement
102	element may be subject to sanctions by the Administration
103	Commission pursuant to s. 163.3184(11).
104	(d)  If a local government adopts a long-term concurrency
105	management system pursuant to s. 163.3180(9), it must also adopt
106	a long-term capital improvements schedule covering up to a 10-
107	year or 15-year period, and must update the long-term schedule
108	annually. The long-term schedule of capital improvements must be
109	financially feasible.
110	(6)  In addition to the requirements of subsections (1)-(5)
111	and (12), the comprehensive plan shall include the following
112	elements:
113	(a)  A future land use plan element designating proposed
114	future general distribution, location, and extent of the uses of
115	land for residential uses, commercial uses, industry,
116	agriculture, recreation, conservation, education, public
117	buildings and grounds, other public facilities, and other
118	categories of the public and private uses of land. Counties are
119	encouraged to designate rural land stewardship areas, pursuant
120	to the provisions of paragraph (11)(d), as overlays on the
121	future land use map. Each future land use category must be
122	defined in terms of uses included, and must include standards to
123	be followed in the control and distribution of population
124	densities and building and structure intensities. The proposed
125	distribution, location, and extent of the various categories of
126	land use shall be shown on a land use map or map series which
127	shall be supplemented by goals, policies, and measurable
128	objectives. The future land use plan shall be based upon
129	surveys, studies, and data regarding the area, including the
130	amount of land required to accommodate anticipated growth; the
131	projected population of the area; the character of undeveloped
132	land; the availability of water supplies, public facilities, and
133	services; the need for redevelopment, including the renewal of
134	blighted areas and the elimination of nonconforming uses which
135	are inconsistent with the character of the community; the
136	compatibility of uses on lands adjacent to or closely proximate
137	to military installations; and, in rural communities, the need
138	for job creation, capital investment, and economic development
139	that will strengthen and diversify the community's economy. The
140	future land use plan may designate areas for future planned
141	development use involving combinations of types of uses for
142	which special regulations may be necessary to ensure development
143	in accord with the principles and standards of the comprehensive
144	plan and this act. The future land use plan element shall
145	include criteria to be used to achieve the compatibility of
146	adjacent or closely proximate lands with military installations.
147	In addition, for rural communities, the amount of land
148	designated for future planned industrial use shall be based upon
149	surveys and studies that reflect the need for job creation,
150	capital investment, and the necessity to strengthen and
151	diversify the local economies, and shall not be limited solely
152	by the projected population of the rural community. The future
153	land use plan of a county may also designate areas for possible
154	future municipal incorporation. The land use maps or map series
155	shall generally identify and depict historic district boundaries
156	and shall designate historically significant properties meriting
157	protection.  The future land use element must clearly identify
158	the land use categories in which public schools are an allowable
159	use.  When delineating the land use categories in which public
160	schools are an allowable use, a local government shall include
161	in the categories sufficient land proximate to residential
162	development to meet the projected needs for schools in
163	coordination with public school boards and may establish
164	differing criteria for schools of different type or size.  Each
165	local government shall include lands contiguous to existing
166	school sites, to the maximum extent possible, within the land
167	use categories in which public schools are an allowable use. All
168	comprehensive plans must comply with the school siting
169	requirements of this paragraph no later than October 1, 1999.
170	The failure by a local government to comply with these school
171	siting requirements by October 1, 1999, will result in the
172	prohibition of the local government's ability to amend the local
173	comprehensive plan, except for plan amendments described in s.
174	163.3187(1)(b), until the school siting requirements are met.
175	Amendments proposed by a local government for purposes of
176	identifying the land use categories in which public schools are
177	an allowable use or for adopting or amending the school-siting
178	maps pursuant to s. 163.31776(3) are exempt from the limitation
179	on the frequency of plan amendments contained in s. 163.3187.
180	The future land use element shall include criteria that
181	encourage the location of schools proximate to urban residential
182	areas to the extent possible and shall require that the local
183	government seek to collocate public facilities, such as parks,
184	libraries, and community centers, with schools to the extent
185	possible and to encourage the use of elementary schools as focal
186	points for neighborhoods. For schools serving predominantly
187	rural counties, defined as a county with a population of 100,000
188	or fewer, an agricultural land use category shall be eligible
189	for the location of public school facilities if the local
190	comprehensive plan contains school siting criteria and the
191	location is consistent with such criteria. Local governments
192	required to update or amend their comprehensive plan to include
193	criteria and address compatibility of adjacent or closely
194	proximate lands with existing military installations in their
195	future land use plan element shall transmit the update or
196	amendment to the department by June 30, 2006.
197	(c)  A general sanitary sewer, solid waste, drainage,
198	potable water, and natural groundwater aquifer recharge element
199	correlated to principles and guidelines for future land use,
200	indicating ways to provide for future potable water, drainage,
201	sanitary sewer, solid waste, and aquifer recharge protection
202	requirements for the area. The element may be a detailed
203	engineering plan including a topographic map depicting areas of
204	prime groundwater recharge. The element shall describe the
205	problems and needs and the general facilities that will be
206	required for solution of the problems and needs. The element
207	shall also include a topographic map depicting any areas adopted
208	by a regional water management district as prime groundwater
209	recharge areas for the Floridan or Biscayne aquifers, pursuant
210	to s. 373.0395. These areas shall be given special consideration
211	when the local government is engaged in zoning or considering
212	future land use for said designated areas. For areas served by
213	septic tanks, soil surveys shall be provided which indicate the
214	suitability of soils for septic tanks. Within 18 months after
215	the governing board approves an updated regional water supply
216	plan By December 1, 2006, the element must incorporate the
217	alternative water supply project or projects selected by the
218	local government from those identified in the regional water
219	supply plan pursuant to s. 373.0361(2)(a) or proposed by the
220	local government under s. 373.0361(7)(b) consider the
221	appropriate water management district's regional water supply
222	plan approved pursuant to s. 373.0361. If a local government is
223	located within two water management districts, the local
224	government shall adopt its comprehensive plan amendment within
225	18 months after the later updated regional water supply plan.
226	The element must identify such alternative water supply projects
227	and traditional water supply projects and conservation and reuse
228	necessary to meet the water needs identified in s.
229	373.0361(2)(a) within the local government's jurisdiction and
230	include a work plan, covering at least a 10-year planning
231	period, for building public, private, and regional water supply
232	facilities, including development of alternative water supplies,
233	which that are identified in the element as necessary to serve
234	existing and new development and for which the local government
235	is responsible. The work plan shall be updated, at a minimum,
236	every 5 years within 18 12 months after the governing board of a
237	water management district approves an updated regional water
238	supply plan. Amendments to incorporate the work plan do not
239	count toward the limitation on the frequency of adoption of
240	amendments to the comprehensive plan. Local governments, public
241	and private utilities, regional water supply authorities,
242	special districts, and water management districts are encouraged
243	to cooperatively plan for the development of multijurisdictional
244	water supply facilities that are sufficient to meet projected
245	demands for established planning periods, including the
246	development of alternative water sources to supplement
247	traditional sources of ground and surface water supplies.
248	(h)1.  An intergovernmental coordination element showing
249	relationships and stating principles and guidelines to be used
250	in the accomplishment of coordination of the adopted
251	comprehensive plan with the plans of school boards, regional
252	water supply authorities, and other units of local government
253	providing services but not having regulatory authority over the
254	use of land, with the comprehensive plans of adjacent
255	municipalities, the county, adjacent counties, or the region,
256	with the state comprehensive plan and with the applicable
257	regional water supply plan approved pursuant to s. 373.0361, as
258	the case may require and as such adopted plans or plans in
259	preparation may exist.  This element of the local comprehensive
260	plan shall demonstrate consideration of the particular effects
261	of the local plan, when adopted, upon the development of
262	adjacent municipalities, the county, adjacent counties, or the
263	region, or upon the state comprehensive plan, as the case may
264	require.
265	a.  The intergovernmental coordination element shall
266	provide for procedures to identify and implement joint planning
267	areas, especially for the purpose of annexation, municipal
268	incorporation, and joint infrastructure service areas.
269	b.  The intergovernmental coordination element shall
270	provide for recognition of campus master plans prepared pursuant
271	to s. 1013.30.
272	c.  The intergovernmental coordination element may provide
273	for a voluntary dispute resolution process as established
274	pursuant to s. 186.509 for bringing to closure in a timely
275	manner intergovernmental disputes.  A local government may
276	develop and use an alternative local dispute resolution process
277	for this purpose.
278	2.  The intergovernmental coordination element shall
279	further state principles and guidelines to be used in the
280	accomplishment of coordination of the adopted comprehensive plan
281	with the plans of school boards and other units of local
282	government providing facilities and services but not having
283	regulatory authority over the use of land.  In addition, the
284	intergovernmental coordination element shall describe joint
285	processes for collaborative planning and decisionmaking on
286	population projections and public school siting, the location
287	and extension of public facilities subject to concurrency, and
288	siting facilities with countywide significance, including
289	locally unwanted land uses whose nature and identity are
290	established in an agreement. Within 1 year of adopting their
291	intergovernmental coordination elements, each county, all the
292	municipalities within that county, the district school board,
293	and any unit of local government service providers in that
294	county shall establish by interlocal or other formal agreement
295	executed by all affected entities, the joint processes described
296	in this subparagraph consistent with their adopted
297	intergovernmental coordination elements.
298	3.  To foster coordination between special districts and
299	local general-purpose governments as local general-purpose
300	governments implement local comprehensive plans, each
301	independent special district must submit a public facilities
302	report to the appropriate local government as required by s.
303	189.415.
304	4.a.  Local governments adopting a public educational
305	facilities element pursuant to s. 163.31776 must execute an
306	interlocal agreement with the district school board, the county,
307	and nonexempt municipalities pursuant to s. 163.31777, as
308	defined by s. 163.31776(1), which includes the items listed in
309	s. 163.31777(2). The local government shall amend the
310	intergovernmental coordination element to provide that
311	coordination between the local government and school board is
312	pursuant to the agreement and shall state the obligations of the
313	local government under the agreement.
314	b.  Plan amendments that comply with this subparagraph are
315	exempt from the provisions of s. 163.3187(1).
316	5.  The state land planning agency shall establish a
317	schedule for phased completion and transmittal of plan
318	amendments to implement subparagraphs 1., 2., and 3. from all
319	jurisdictions so as to accomplish their adoption by December 31,
320	1999.  A local government may complete and transmit its plan
321	amendments to carry out these provisions prior to the scheduled
322	date established by the state land planning agency.  The plan
323	amendments are exempt from the provisions of s. 163.3187(1).
324	6.  By January 1, 2004, any county having a population
325	greater than 100,000, and the municipalities and special
326	districts within that county, shall submit a report to the
327	Department of Community Affairs which:
328	a.  Identifies all existing or proposed interlocal service-
329	delivery agreements regarding the following:  education;
330	sanitary sewer; public safety; solid waste; drainage; potable
331	water; parks and recreation; and transportation facilities.
332	b.  Identifies any deficits or duplication in the provision
333	of services within its jurisdiction, whether capital or
334	operational. Upon request, the Department of Community Affairs
335	shall provide technical assistance to the local governments in
336	identifying deficits or duplication.
337	7.  Within 6 months after submission of the report, the
338	Department of Community Affairs shall, through the appropriate
339	regional planning council, coordinate a meeting of all local
340	governments within the regional planning area to discuss the
341	reports and potential strategies to remedy any identified
342	deficiencies or duplications.
343	8.  Each local government shall update its
344	intergovernmental coordination element based upon the findings
345	in the report submitted pursuant to subparagraph 6. The report
346	may be used as supporting data and analysis for the
347	intergovernmental coordination element.
348	9.  By February 1, 2003, Representatives of municipalities,
349	counties, and special districts shall provide to the Legislature
350	recommended statutory changes for annexation, including any
351	changes that address the delivery of local government services
352	in areas planned for annexation.
353	(11)
354	(d)1.  The department, in cooperation with the Department
355	of Agriculture and Consumer Services, the Department of
356	Environmental Protection, water management districts, and
357	regional planning councils, shall provide assistance to local
358	governments in the implementation of this paragraph and rule 9J-
359	5.006(5)(l), Florida Administrative Code. Implementation of
360	those provisions shall include a process by which the department
361	may authorize local governments to designate all or portions of
362	lands classified in the future land use element as predominantly
363	agricultural, rural, open, open-rural, or a substantively
364	equivalent land use, as a rural land stewardship area within
365	which planning and economic incentives are applied to encourage
366	the implementation of innovative and flexible planning and
367	development strategies and creative land use planning
368	techniques, including those contained herein and in rule 9J-
369	5.006(5)(l), Florida Administrative Code. Assistance may
370	include, but is not limited to:
371	a.  Assistance from the Department of Environmental
372	Protection and water management districts in creating the
373	geographic information systems land cover database and aerial
374	photogrammetry needed to prepare for a rural land stewardship
375	area;
376	b.  Support for local government implementation of rural
377	land stewardship concepts by providing information and
378	assistance to local governments regarding land acquisition
379	programs that may be used by the local government or landowners
380	to leverage the protection of greater acreage and maximize the
381	effectiveness of rural land stewardship areas; and
382	c.  Expansion of the role of the Department of Community
383	Affairs as a resource agency to facilitate establishment of
384	rural land stewardship areas in smaller rural counties that do
385	not have the staff or planning budgets to create a rural land
386	stewardship area.
387	2.  The state land planning agency department shall
388	encourage participation by local governments of different sizes
389	and rural characteristics in establishing and implementing rural
390	land stewardship areas. It is the intent of the Legislature that
391	rural land stewardship areas be used to further the following
392	broad principles of rural sustainability: restoration and
393	maintenance of the economic value of rural land; control of
394	urban sprawl; identification and protection of ecosystems,
395	habitats, and natural resources; promotion of rural economic
396	activity; maintenance of the viability of Florida's agricultural
397	economy; and protection of the character of rural areas of
398	Florida. Rural land stewardship areas may be multicounty in
399	order to encourage coordinated regional stewardship planning.
400	3.  A local government, in conjunction with a regional
401	planning council, a stakeholder organization of private land
402	owners, or another local government, shall notify the department
403	in writing of its intent to designate a rural land stewardship
404	area. The written notification shall describe the basis for the
405	designation, including the extent to which the rural land
406	stewardship area enhances rural land values, controls urban
407	sprawl, provides necessary open space for agriculture and
408	protection of the natural environment, promotes rural economic
409	activity, and maintains rural character and the economic
410	viability of agriculture.
411	4.  A rural land stewardship area shall be not less than
412	10,000 acres and shall be located outside of municipalities and
413	established urban growth boundaries, and shall be designated by
414	plan amendment. The plan amendment designating a rural land
415	stewardship area shall be subject to review by the Department of
416	Community Affairs pursuant to s. 163.3184 and shall provide for
417	the following:
418	a.  Criteria for the designation of receiving areas within
419	rural land stewardship areas in which innovative planning and
420	development strategies may be applied. Criteria shall at a
421	minimum provide for the following: adequacy of suitable land to
422	accommodate development so as to avoid conflict with
423	environmentally sensitive areas, resources, and habitats;
424	compatibility between and transition from higher density uses to
425	lower intensity rural uses; the establishment of receiving area
426	service boundaries which provide for a separation between
427	receiving areas and other land uses within the rural land
428	stewardship area through limitations on the extension of
429	services; and connection of receiving areas with the rest of the
430	rural land stewardship area using rural design and rural road
431	corridors.
432	b.  Goals, objectives, and policies setting forth the
433	innovative planning and development strategies to be applied
434	within rural land stewardship areas pursuant to the provisions
435	of this section.
436	c.  A process for the implementation of innovative planning
437	and development strategies within the rural land stewardship
438	area, including those described in this subsection and rule 9J-
439	5.006(5)(l), Florida Administrative Code, which provide for a
440	functional mix of land uses, including adequate available work
441	force housing, including low, very-low, and moderate income
442	housing for the development anticipated in the receiving area
443	and which are applied through the adoption by the local
444	government of zoning and land development regulations applicable
445	to the rural land stewardship area.
446	d.  A process which encourages visioning pursuant to s.
447	163.3167(11) to ensure that innovative planning and development
448	strategies comply with the provisions of this section.
449	e.  The control of sprawl through the use of innovative
450	strategies and creative land use techniques consistent with the
451	provisions of this subsection and rule 9J-5.006(5)(l), Florida
452	Administrative Code.
453	5.  A receiving area shall be designated by the adoption of
454	a land development regulation. Prior to the designation of a
455	receiving area, the local government shall provide the
456	Department of Community Affairs a period of 30 days in which to
457	review a proposed receiving area for consistency with the rural
458	land stewardship area plan amendment and to provide comments to
459	the local government. At the time of designation of a
460	stewardship receiving area, a listed species survey will be
461	performed. If listed species occur on the receiving area site,
462	the developer shall coordinate with each appropriate local,
463	state, or federal agency to determine if adequate provisions
464	have been made to protect those species in accordance with
465	applicable regulations. In determining the adequacy of
466	provisions for the protection of listed species and their
467	habitats, the rural land stewardship area shall be considered as
468	a whole, and the impacts to areas to be developed as receiving
469	areas shall be considered together with the environmental
470	benefits of areas protected as sending areas in fulfilling this
471	criteria.
472	6.  Upon the adoption of a plan amendment creating a rural
473	land stewardship area, the local government shall, by ordinance,
474	establish the methodology for the creation, conveyance, and use
475	of transferable rural land use credits, otherwise referred to as
476	stewardship credits, the application of assign to the area a
477	certain number of credits, to be known as "transferable rural
478	land use credits," which shall not constitute a right to develop
479	land, nor increase density of land, except as provided by this
480	section. The total amount of transferable rural land use credits
481	within assigned to the rural land stewardship area must enable
482	the realization of the long-term vision and goals for correspond
483	to the 25-year or greater projected population of the rural land
484	stewardship area. Transferable rural land use credits are
485	subject to the following limitations:
486	a.  Transferable rural land use credits may only exist
487	within a rural land stewardship area.
488	b.  Transferable rural land use credits may only be used on
489	lands designated as receiving areas and then solely for the
490	purpose of implementing innovative planning and development
491	strategies and creative land use planning techniques adopted by
492	the local government pursuant to this section.
493	c.  Transferable rural land use credits assigned to a
494	parcel of land within a rural land stewardship area shall cease
495	to exist if the parcel of land is removed from the rural land
496	stewardship area by plan amendment.
497	d.  Neither the creation of the rural land stewardship area
498	by plan amendment nor the assignment of transferable rural land
499	use credits by the local government shall operate to displace
500	the underlying density of land uses assigned to a parcel of land
501	within the rural land stewardship area; however, if transferable
502	rural land use credits are transferred from a parcel for use
503	within a designated receiving area, the underlying density
504	assigned to the parcel of land shall cease to exist.
505	e.  The underlying density on each parcel of land located
506	within a rural land stewardship area shall not be increased or
507	decreased by the local government, except as a result of the
508	conveyance or use of transferable rural land use credits, as
509	long as the parcel remains within the rural land stewardship
510	area.
511	f.  Transferable rural land use credits shall cease to
512	exist on a parcel of land where the underlying density assigned
513	to the parcel of land is utilized.
514	g.  An increase in the density of use on a parcel of land
515	located within a designated receiving area may occur only
516	through the assignment or use of transferable rural land use
517	credits and shall not require a plan amendment.
518	h.  A change in the density of land use on parcels located
519	within receiving areas shall be specified in a development order
520	which reflects the total number of transferable rural land use
521	credits assigned to the parcel of land and the infrastructure
522	and support services necessary to provide for a functional mix
523	of land uses corresponding to the plan of development.
524	i.  Land within a rural land stewardship area may be
525	removed from the rural land stewardship area through a plan
526	amendment.
527	j.  Transferable rural land use credits may be assigned at
528	different ratios of credits per acre according to the natural
529	resource or other beneficial use characteristics of the land and
530	according to the land use remaining following the transfer of
531	credits, with the highest number of credits per acre assigned to
532	the most environmentally valuable land, or in locations where
533	the retention of and a lesser number of credits to be assigned
534	to open space and agricultural land is a priority, to such
535	lands.
536	k.  The use or conveyance of transferable rural land use
537	credits must be recorded in the public records of the county in
538	which the property is located as a covenant or restrictive
539	easement running with the land in favor of the county and either
540	the Department of Environmental Protection, Department of
541	Agriculture and Consumer Services, a water management district,
542	or a recognized statewide land trust.
543	7.  Owners of land within rural land stewardship areas
544	should be provided incentives to enter into rural land
545	stewardship agreements, pursuant to existing law and rules
546	adopted thereto, with state agencies, water management
547	districts, and local governments to achieve mutually agreed upon
548	conservation objectives. Such incentives may include, but not be
549	limited to, the following:
550	a.  Opportunity to accumulate transferable mitigation
551	credits.
552	b.  Extended permit agreements.
553	c.  Opportunities for recreational leases and ecotourism.
554	d.  Payment for specified land management services on
555	publicly owned land, or property under covenant or restricted
556	easement in favor of a public entity.
557	e.  Option agreements for sale to public entities or
558	private land conservation entities, in either fee or easement,
559	upon achievement of conservation objectives.
560	8.  The department shall report to the Legislature on an
561	annual basis on the results of implementation of rural land
562	stewardship areas authorized by the department, including
563	successes and failures in achieving the intent of the
564	Legislature as expressed in this paragraph.
565	(12)  A public school facilities element adopted to
566	implement a school concurrency program shall meet the
567	requirements of this subsection. Each county and each
568	municipality within the county, unless exempt or subject to a
569	waiver, must adopt a public school facilities element that is
570	consistent with those adopted by the other local governments
571	within the county and enter the interlocal agreement pursuant to
572	s. 163.31777.
573	(a)  The state land planning agency may provide a waiver to
574	a county and to the municipalities within the county if the
575	capacity rate for all schools within the school district is no
576	greater than 100 percent and the projected 5-year capital outlay
577	full-time equivalent student growth rate is less than 10
578	percent. The state land planning agency may allow for a single
579	school to exceed the 100-percent limitation if it can be
580	demonstrated that the capacity rate for that single school is
581	not greater than 105 percent. In making this determination, the
582	state land planning agency shall consider the following
583	criteria:
584	1.  Whether the exceedance is due to temporary
585	circumstances;
586	2.  Whether the projected 5-year capital outlay full time
587	equivalent student growth rate for the school district is
588	approaching the 10-percent threshold;
589	3.  Whether one or more additional schools within the
590	school district are at or approaching the 100-percent threshold;
591	and
592	4.  The adequacy of the data and analysis submitted to
593	support the waiver request.
594	(b)  A municipality in a nonexempt county is exempt if the
595	municipality meets all of the following criteria for having no
596	significant impact on school attendance:
597	1.  The municipality has issued development orders for
598	fewer than 50 residential dwelling units during the preceding 5
599	years, or the municipality has generated fewer than 25
600	additional public school students during the preceding 5 years.
601	2.  The municipality has not annexed new land during the
602	preceding 5 years in land use categories that permit residential
603	uses that will affect school attendance rates.
604	3.  The municipality has no public schools located within
605	its boundaries.
606	(b)(a)  A public school facilities element shall be based
607	upon data and analyses that address, among other items, how
608	level-of-service standards will be achieved and maintained. Such
609	data and analyses must include, at a minimum, such items as: the
610	interlocal agreement adopted pursuant to s. 163.31777 and the 5-
611	year school district facilities work program adopted pursuant to
612	s. 1013.35; the educational plant survey prepared pursuant to s.
613	1013.31 and an existing educational and ancillary plant map or
614	map series; information on existing development and development
615	anticipated for the next 5 years and the long-term planning
616	period; an analysis of problems and opportunities for existing
617	schools and schools anticipated in the future; an analysis of
618	opportunities to collocate future schools with other public
619	facilities such as parks, libraries, and community centers; an
620	analysis of the need for supporting public facilities for
621	existing and future schools; an analysis of opportunities to
622	locate schools to serve as community focal points; projected
623	future population and associated demographics, including
624	development patterns year by year for the upcoming 5-year and
625	long-term planning periods; and anticipated educational and
626	ancillary plants with land area requirements.
627	(c)(b)  The element shall contain one or more goals which
628	establish the long-term end toward which public school programs
629	and activities are ultimately directed.
630	(d)(c)  The element shall contain one or more objectives
631	for each goal, setting specific, measurable, intermediate ends
632	that are achievable and mark progress toward the goal.
633	(e)(d)  The element shall contain one or more policies for
634	each objective which establish the way in which programs and
635	activities will be conducted to achieve an identified goal.
636	(f)(e)  The objectives and policies shall address items
637	such as:
638	1.  The procedure for an annual update process;
639	2.  The procedure for school site selection;
640	3.  The procedure for school permitting;
641	4.  Provision for of supporting infrastructure necessary to
642	support proposed schools, including potable water, wastewater,
643	drainage, solid waste, transportation, and means by which to
644	assure safe access to schools, including sidewalks, bicycle
645	paths, turn lanes, and signalization;
646	5.  Provision for colocation of other public facilities,
647	such as parks, libraries, and community centers, in proximity to
648	public schools;
649	6.  Provision for location of schools proximate to
650	residential areas and to complement patterns of development,
651	including the location of future school sites so they serve as
652	community focal points;
653	7.  Measures to ensure compatibility of school sites and
654	surrounding land uses;
655	8.  Coordination with adjacent local governments and the
656	school district on emergency preparedness issues, including the
657	use of public schools to serve as emergency shelters; and
658	9.  Coordination with the future land use element.
659	(g)(f)  The element shall include one or more future
660	conditions maps which depict the anticipated location of
661	educational and ancillary plants, including the general location
662	of improvements to existing schools or new schools anticipated
663	over the 5-year, or long-term planning period. The maps will of
664	necessity be general for the long-term planning period and more
665	specific for the 5-year period. Maps indicating general
666	locations of future schools or school improvements may not
667	prescribe a land use on a particular parcel of land.
668	(h)  The state land planning agency shall establish a
669	phased schedule for adoption of the public school facilities
670	element and the required updates to the public schools
671	interlocal agreement pursuant to s. 163.31777. The schedule
672	shall provide for each county and local government within the
673	county to adopt the element and update to the agreement no later
674	than December 1, 2008. Plan amendments to adopt a public school
675	facilities element are exempt from the provisions of s.
676	163.3187(1).
677	(i)  Failure to adopt the public school facility element,
678	to enter into an approved interlocal agreement as required by
679	subparagraph (6)(h)2. and 163.31777, or to amend the
680	comprehensive plan as necessary to implement school concurrency,
681	according to the phased schedule, shall result in a local
682	government being prohibited from adopting amendments to the
683	comprehensive plan which increase residential density until the
684	necessary amendments have been adopted and transmitted to the
685	state land planning agency.
686	(j)  The state land planning agency may issue the school
687	board a notice to show cause why sanctions should not be
688	enforced for failure to enter into an approved interlocal
689	agreement as required by s. 163.31777 or for failure to
690	implement the provisions of this act relating to public school
691	concurrency. The school board may be subject to sanctions
692	imposed by the Administration Commission directing the
693	Department of Education to withhold from the district school
694	board an equivalent amount of funds for school construction
695	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
696	1013.72.
697	(13)  Local governments are encouraged to develop a
698	community vision that provides for sustainable growth,
699	recognizes its fiscal constraints, and protects its natural
700	resources. At the request of a local government, the applicable
701	regional planning council shall provide assistance in the
702	development of a community vision.
703	(a)  As part of the process of developing a community
704	vision under this section, the local government must hold two
705	public meetings with at least one of those meetings before the
706	local planning agency. Before those public meetings, the local
707	government must hold at least one public workshop with
708	stakeholder groups such as neighborhood associations, community
709	organizations, businesses, private property owners, housing and
710	development interests, and environmental organizations.
711	(b)  The local government must, at a minimum, discuss five
712	of the following topics as part of the workshops and public
713	meetings required under paragraph (a):
714	1.  Future growth in the area using population forecasts
715	from the Bureau of Economic and Business Research;
716	2.  Priorities for economic development;
717	3.  Preservation of open space, environmentally sensitive
718	lands, and agricultural lands;
719	4.  Appropriate areas and standards for mixed-use
720	development;
721	5.  Appropriate areas and standards for high-density
722	commercial and residential development;
723	6.  Appropriate areas and standards for economic-
724	development opportunities and employment centers;
725	7.  Provisions for adequate workforce housing;
726	8.  An efficient, interconnected multimodal transportation
727	system; and
728	9.  Opportunities to create land use patterns that
729	accommodate the issues listed in subparagraphs 1.-8.
730	(c)  As part of the workshops and public meetings, the
731	local government must discuss strategies for addressing the
732	topics discussed under paragraph (b), including:
733	1.  Strategies to preserve open space and environmentally
734	sensitive lands, and to encourage a healthy agricultural
735	economy, including innovative planning and development
736	strategies, such as the transfer of development rights;
737	2.  Incentives for mixed-use development, including
738	increased height and intensity standards for buildings that
739	provide residential use in combination with office or commercial
740	space;
741	3.  Incentives for workforce housing;
742	4.  Designation of an urban service boundary pursuant to
743	subsection (2); and
744	5.  Strategies to provide mobility within the community and
745	to protect the Strategic Intermodal System, including the
746	development of a transportation corridor management plan under
747	s. 337.273.
748	(d)  The community vision must reflect the community's
749	shared concept for growth and development of the community,
750	including visual representations depicting the desired land-use
751	patterns and character of the community during a 10-year
752	planning timeframe. The community vision must also take into
753	consideration economic viability of the vision and private
754	property interests.
755	(e)  After the workshops and public meetings required under
756	paragraph (a) are held, the local government may amend its
757	comprehensive plan to include the community vision as a
758	component in the plan. This plan amendment must be transmitted
759	and adopted pursuant to the procedures in ss. 163.3184 and
760	163.3189 at public hearings of the governing body other than
761	those identified in paragraph (a).
762	(f)  Amendments submitted under this subsection are exempt
763	from the limitation on the frequency of plan amendments in s.
764	163.3187.
765	Section 3.  Sections 163.31776 and 339.2817, Florida
766	Statutes, is repealed.
767	Section 4.  Subsections (2), (5), (6), and (7) of section
768	163.31777, Florida Statutes, are amended to read:
769	163.31777  Public schools interlocal agreement.--
770	(2)  At a minimum, the interlocal agreement must address
771	interlocal-agreement requirements in s. 163.3180(13)(g), except
772	for exempt local governments as provided in s. 163.3177(12), and
773	must address the following issues:
774	(a)  A process by which each local government and the
775	district school board agree and base their plans on consistent
776	projections of the amount, type, and distribution of population
777	growth and student enrollment. The geographic distribution of
778	jurisdiction-wide growth forecasts is a major objective of the
779	process.
780	(b)  A process to coordinate and share information relating
781	to existing and planned public school facilities, including
782	school renovations and closures, and local government plans for
783	development and redevelopment.
784	(c)  Participation by affected local governments with the
785	district school board in the process of evaluating potential
786	school closures, significant renovations to existing schools,
787	and new school site selection before land acquisition. Local
788	governments shall advise the district school board as to the
789	consistency of the proposed closure, renovation, or new site
790	with the local comprehensive plan, including appropriate
791	circumstances and criteria under which a district school board
792	may request an amendment to the comprehensive plan for school
793	siting.
794	(d)  A process for determining the need for and timing of
795	onsite and offsite improvements to support new, proposed
796	expansion, or redevelopment of existing schools. The process
797	must address identification of the party or parties responsible
798	for the improvements.
799	(e)  A process for the school board to inform the local
800	government regarding the effect of comprehensive plan amendments
801	on school capacity. The capacity reporting must be consistent
802	with laws and rules relating to measurement of school facility
803	capacity and must also identify how the district school board
804	will meet the public school demand based on the facilities work
805	program adopted pursuant to s. 1013.35.
806	(f)  Participation of the local governments in the
807	preparation of the annual update to the district school board's
808	5-year district facilities work program and educational plant
809	survey prepared pursuant to s. 1013.35.
810	(g)  A process for determining where and how joint use of
811	either school board or local government facilities can be shared
812	for mutual benefit and efficiency.
813	(h)  A procedure for the resolution of disputes between the
814	district school board and local governments, which may include
815	the dispute resolution processes contained in chapters 164 and
816	186.
817	(i)  An oversight process, including an opportunity for
818	public participation, for the implementation of the interlocal
819	agreement.
820
821	A signatory to the interlocal agreement may elect not to include
822	a provision meeting the requirements of paragraph (e); however,
823	such a decision may be made only after a public hearing on such
824	election, which may include the public hearing in which a
825	district school board or a local government adopts the
826	interlocal agreement. An interlocal agreement entered into
827	pursuant to this section must be consistent with the adopted
828	comprehensive plan and land development regulations of any local
829	government that is a signatory.
830	(5)  Any local government transmitting a public school
831	element to implement school concurrency pursuant to the
832	requirements of s. 163.3180 before July 1, 2005, the effective
833	date of this section is not required to amend the element or any
834	interlocal agreement to conform with the provisions of this
835	section if the element is adopted prior to or within 1 year
836	after the effective date of this section and remains in effect.
837	(6)  Except as provided in subsection (7), municipalities
838	meeting the exemption criteria in s. 163.3177(12) having no
839	established need for a new school facility and meeting the
840	following criteria are exempt from the requirements of
841	subsections (1), (2), and (3).:
842	(a)  The municipality has no public schools located within
843	its boundaries.
844	(b)  The district school board's 5-year facilities work
845	program and the long-term 10-year and 20-year work programs, as
846	provided in s. 1013.35, demonstrate that no new school facility
847	is needed in the municipality. In addition, the district school
848	board must verify in writing that no new school facility will be
849	needed in the municipality within the 5-year and 10-year
850	timeframes.
851	(7)  At the time of the evaluation and appraisal report,
852	each exempt municipality shall assess the extent to which it
853	continues to meet the criteria for exemption under s.
854	163.3177(12) subsection (6). If the municipality continues to
855	meet these criteria and the district school board verifies in
856	writing that no new school facilities will be needed within the
857	5-year and 10-year timeframes, the municipality shall continue
858	to be exempt from the interlocal-agreement requirement. Each
859	municipality exempt under s. 163.3177(12) subsection (6) must
860	comply with the provisions of this section within 1 year after
861	the district school board proposes, in its 5-year district
862	facilities work program, a new school within the municipality's
863	jurisdiction.
864	Section 5.  Paragraph (a) of subsection (1), subsection
865	(2), paragraph (c) of subsection (4), subsections (5), (7), (9),
866	(10), (13), and (15) of section 163.3180, Florida Statutes, are
867	amended, and subsections (16) and (17) are added to that
868	section, to read:
869	163.3180  Concurrency.--
870	(1)(a)  Sanitary sewer, solid waste, drainage, potable
871	water, parks and recreation, schools, and transportation
872	facilities, including mass transit, where applicable, are the
873	only public facilities and services subject to the concurrency
874	requirement on a statewide basis. Additional public facilities
875	and services may not be made subject to concurrency on a
876	statewide basis without appropriate study and approval by the
877	Legislature; however, any local government may extend the
878	concurrency requirement so that it applies to additional public
879	facilities within its jurisdiction.
880	(2)(a)  Consistent with public health and safety, sanitary
881	sewer, solid waste, drainage, adequate water supplies, and
882	potable water facilities shall be in place and available to
883	serve new development no later than the issuance by the local
884	government of a certificate of occupancy or its functional
885	equivalent. Prior to approval of a building permit or its
886	functional equivalent, the local government shall consult with
887	the applicable water supplier to determine whether adequate
888	water supplies to serve the new development will be available no
889	later than the anticipated date of issuance by the local
890	government of a certificate of occupancy or its functional
891	equivalent.
892	(b)  Consistent with the public welfare, and except as
893	otherwise provided in this section, parks and recreation
894	facilities to serve new development shall be in place or under
895	actual construction no later than 1 year after issuance by the
896	local government of a certificate of occupancy or its functional
897	equivalent.  However, the acreage for such facilities shall be
898	dedicated or be acquired by the local government prior to
899	issuance by the local government of a certificate of occupancy
900	or its functional equivalent, or funds in the amount of the
901	developer's fair share shall be committed no later than prior to
902	issuance by the local government's approval to commence
903	construction government of a certificate of occupancy or its
904	functional equivalent.
905	(c)  Consistent with the public welfare, and except as
906	otherwise provided in this section, transportation facilities
907	designated as part of the Florida Intrastate Highway System
908	needed to serve new development shall be in place or under
909	actual construction within 3 not more than 5 years after the
910	local government approves a building permit or its functional
911	equivalent that results in traffic generation. For purposes of
912	this paragraph, if the construction funding needed for
913	facilities is in the first 3 years of the Department of
914	Transportation's work program or the local government's schedule
915	of capital improvements, the under-actual-construction
916	requirements of this paragraph shall be deemed to have been met.
917	However, a local government's concurrency management system may
918	specify that the term "under-actual-construction" refers to the
919	contents of the first 2 years of the local government's schedule
920	of capital improvements or the Department of Transportation's
921	work program issuance by the local government of a certificate
922	of occupancy or its functional equivalent. Other transportation
923	facilities needed to serve new development shall be in place or
924	under actual construction no more than 3 years after issuance by
925	the local government of a certificate of occupancy or its
926	functional equivalent.
927	(4)
928	(c)  The concurrency requirement, except as it relates to
929	transportation facilities and public schools, as implemented in
930	local government comprehensive plans, may be waived by a local
931	government for urban infill and redevelopment areas designated
932	pursuant to s. 163.2517 if such a waiver does not endanger
933	public health or safety as defined by the local government in
934	its local government comprehensive plan.  The waiver shall be
935	adopted as a plan amendment pursuant to the process set forth in
936	s. 163.3187(3)(a).  A local government may grant a concurrency
937	exception pursuant to subsection (5) for transportation
938	facilities located within these urban infill and redevelopment
939	areas.
940	(5)(a)  The Legislature finds that under limited
941	circumstances dealing with transportation facilities,
942	countervailing planning and public policy goals may come into
943	conflict with the requirement that adequate public facilities
944	and services be available concurrent with the impacts of such
945	development.  The Legislature further finds that often the
946	unintended result of the concurrency requirement for
947	transportation facilities is the discouragement of urban infill
948	development and redevelopment.  Such unintended results directly
949	conflict with the goals and policies of the state comprehensive
950	plan and the intent of this part.  Therefore, exceptions from
951	the concurrency requirement for transportation facilities may be
952	granted as provided by this subsection.
953	(b)  A local government may grant an exception from the
954	concurrency requirement for transportation facilities if the
955	proposed development is otherwise consistent with the adopted
956	local government comprehensive plan and is a project that
957	promotes public transportation or is located within an area
958	designated in the comprehensive plan for:
959	1.  Urban infill development,
960	2.  Urban redevelopment,
961	3.  Downtown revitalization, or
962	4.  Urban infill and redevelopment under s. 163.2517.
963	(c)  The Legislature also finds that developments located
964	within urban infill, urban redevelopment, existing urban
965	service, or downtown revitalization areas or areas designated as
966	urban infill and redevelopment areas under s. 163.2517 which
967	pose only special part-time demands on the transportation system
968	should be excepted from the concurrency requirement for
969	transportation facilities.  A special part-time demand is one
970	that does not have more than 200 scheduled events during any
971	calendar year and does not affect the 100 highest traffic volume
972	hours.
973	(d)  A local government shall establish guidelines in the
974	comprehensive plan for granting the exceptions authorized in
975	paragraphs (b) and (c) and subsections (7) and (15) which must
976	be consistent with and support a comprehensive strategy adopted
977	in the plan to promote the purpose of the exceptions.
978	(e)  The local government shall adopt into the plan and
979	implement strategies to support and fund mobility within the
980	designated exception area, including alternative modes of
981	transportation. The plan amendment shall also demonstrate how
982	strategies will support the purpose of the exception and how
983	mobility within the designated exception area will be provided.
984	In addition, the strategies must address urban design;
985	appropriate land use mixes, including intensity and density; and
986	network connectivity plans needed to promote urban infill,
987	redevelopment, or downtown revitalization. The comprehensive
988	plan amendment designating the concurrency exception area shall
989	be accompanied by data and analysis justifying the size of the
990	area.
991	(f)  Prior to the designation of a concurrency exception
992	area, the Department of Transportation shall be consulted by the
993	local government to assess the impact that the proposed
994	exception area is expected to have on the adopted level of
995	service standards established for Strategic Intermodal System
996	facilities, as defined in s. 339.64, and roadway facilities
997	funded in accordance with s. 339.28171. Further, the local
998	government shall, in cooperation with the Department of
999	Transportation, develop a plan to mitigate any impacts to the
1000	Strategic Intermodal System, including, if appropriate, the
1001	development of a long-term concurrency management system
1002	pursuant to ss. 163.3177(3)(d) and 163.3180(9). in the
1003	comprehensive plan. These guidelines must include consideration
1004	of the impacts on the Florida Intrastate Highway System, as
1005	defined in s. 338.001.  The exceptions may be available only
1006	within the specific geographic area of the jurisdiction
1007	designated in the plan.  Pursuant to s. 163.3184, any affected
1008	person may challenge a plan amendment establishing these
1009	guidelines and the areas within which an exception could be
1010	granted.
1011	(g)  Transportation concurrency exception areas existing
1012	prior to July 1, 2005, shall meet, at a minimum, the provisions
1013	of this section by July 1, 2006, or at the time of the
1014	comprehensive plan update pursuant to the evaluation and
1015	appraisal report, whichever occurs last.
1016	(h)  It is a high state priority that urban infill and
1017	redevelopment be promoted and provide incentives. By promoting
1018	the revitalization of existing communities of this state, a more
1019	efficient maximization of space and facilities may be achieved
1020	and urban sprawl will be discouraged. If a local government
1021	creates a long-term vision pursuant to s. 163.3177(13)(a)-(d)
1022	for its community, the transportation facilities concurrency
1023	requirements of paragraph (2)(c) are waived for:
1024	1.a.  Urban infill development as designated in the
1025	comprehensive plan;
1026	b.  Urban redevelopment as designated in the comprehensive
1027	plan;
1028	c.  Downtown revitalization as designated in the
1029	comprehensive plan; or
1030	d.  Urban infill and redevelopment under s. 163.2517 as
1031	designated in the comprehensive plan.
1032
1033	Further, the local government shall, in cooperation with the
1034	Department of Transportation, develop a plan to mitigate any
1035	impacts to the Strategic Intermodal System, including, if
1036	appropriate, the development of a long-term concurrency
1037	management system pursuant to ss. 163.3177(3)(d) and
1038	163.3180(9).
1039	2.  Municipalities that are at least 90 percent built-out.
1040	For purposes of this exemption:
1041	a.  The term "built-out" means that 90 percent of the
1042	property within the municipality's boundaries, excluding lands
1043	that are designated as conservation, preservation, recreation,
1044	or public facilities categories, have been developed, or are the
1045	subject of an approved development order that has received a
1046	building permit and the municipality has an average density of 5
1047	units per acre for residential developments.
1048	b.  The municipality must have adopted an ordinance that
1049	provides the methodology for determining its built-out
1050	percentage, declares that transportation concurrency
1051	requirements are waived within its municipal boundary or within
1052	a designated area of the municipality, and addresses multimodal
1053	options and strategies, including alternative modes of
1054	transportation within the municipality. Prior to the adoption of
1055	the ordinance, the Department of Transportation shall be
1056	consulted by the local government to assess the impact that the
1057	waiver of the transportation concurrency requirements is
1058	expected to have on the adopted level-of-service standards
1059	established for Strategic Intermodal System facilities, as
1060	defined in s. 339.64. Further, the local government shall, in
1061	cooperation with the Department of Transportation, develop a
1062	plan to mitigate any impacts to the Strategic Intermodal System,
1063	including, if appropriate, the development of a long-term
1064	concurrency management system pursuant to ss. 163.3177(3)(d) and
1065	163.3180(9).
1066	c.  If a municipality annexes any property, the
1067	municipality must recalculate its built-out percentage pursuant
1068	to the methodology set forth in its ordinance to verify whether
1069	the annexed property may be included within this exemption.
1070	d.  If transportation concurrency requirements are waived
1071	under this subparagraph, the municipality must adopt a
1072	comprehensive plan amendment pursuant to s. 163.3187(1)(c) which
1073	updates its transportation element to reflect the transportation
1074	concurrency requirements waiver and must submit a copy of its
1075	ordinance adopted in subparagraph b. to the state land planning
1076	agency.
1077	3.  The community vision created pursuant to s.
1078	13.3177(13)(a)-(d) is not required to be adopted into the
1079	comprehensive plan for this transportation facilities
1080	concurrency waiver to apply.
1081	(7)  In order to promote infill development and
1082	redevelopment, one or more transportation concurrency management
1083	areas may be designated in a local government comprehensive
1084	plan. A transportation concurrency management area must be a
1085	compact geographic area with an existing network of roads where
1086	multiple, viable alternative travel paths or modes are available
1087	for common trips.  A local government may establish an areawide
1088	level-of-service standard for such a transportation concurrency
1089	management area based upon an analysis that provides for a
1090	justification for the areawide level of service, how urban
1091	infill development or redevelopment will be promoted, and how
1092	mobility will be accomplished within the transportation
1093	concurrency management area. Prior to the designation of a
1094	concurrency management area, the Department of Transportation
1095	shall be consulted by the local government to assess the impact
1096	that the proposed concurrency management area is expected to
1097	have on the adopted level of service standards established for
1098	Strategic Intermodal System facilities, as defined in s. 339.64,
1099	and roadway facilities funded in accordance with s. 339.28171.
1100	Further, the local government shall, in cooperation with the
1101	Department of Transportation, develop a plan to mitigate any
1102	impacts to the Strategic Intermodal System, including, if
1103	appropriate, the development of a long-term concurrency
1104	management system pursuant to ss. 163.3177(3)(d) and
1105	163.3180(9). Transportation concurrency management areas
1106	existing prior to July 1, 2005, shall meet, at a minimum, the
1107	provisions of this section by July 1, 2006, or at the time of
1108	the comprehensive plan update pursuant to the evaluation and
1109	appraisal report, whichever occurs last. The state land planning
1110	agency shall amend chapter 9J-5, Florida Administrative Code, to
1111	be consistent with this subsection.
1112	(9)(a)  Each local government may adopt as a part of its
1113	plan, a long-term transportation and school concurrency
1114	management systems system with a planning period of up to 10
1115	years for specially designated districts or areas where
1116	significant backlogs exist. The plan may include interim level-
1117	of-service standards on certain facilities and shall may rely on
1118	the local government's schedule of capital improvements for up
1119	to 10 years as a basis for issuing development orders that
1120	authorize commencement of construction permits in these
1121	designated districts or areas. The concurrency management
1122	system. It must be designed to correct existing deficiencies and
1123	set priorities for addressing backlogged facilities. The
1124	concurrency management system It must be financially feasible
1125	and consistent with other portions of the adopted local plan,
1126	including the future land use map.
1127	(b)  If a local government has a transportation or school
1128	facility backlog for existing development which cannot be
1129	adequately addressed in a 10-year plan, the state land planning
1130	agency may allow it to develop a plan and long-term schedule of
1131	capital improvements covering of up to 15 years for good and
1132	sufficient cause, based on a general comparison between that
1133	local government and all other similarly situated local
1134	jurisdictions, using the following factors:
1135	1.  The extent of the backlog.
1136	2.  For roads, whether the backlog is on local or state
1137	roads.
1138	3.  The cost of eliminating the backlog.
1139	4.  The local government's tax and other revenue-raising
1140	efforts.
1141	(c)  The local government may issue approvals to commence
1142	construction notwithstanding s. 163.3180, consistent with and in
1143	areas that are subject to a long-term concurrency management
1144	system.
1145	(d)  If the local government adopts a long-term concurrency
1146	management system, it must evaluate the system periodically. At
1147	a minimum, the local government must assess its progress toward
1148	improving levels of service within the long-term concurrency
1149	management district or area in the evaluation and appraisal
1150	report and determine any changes that are necessary to
1151	accelerate progress in meeting acceptable levels of service or
1152	providing other methods of transportation.
1153	(10)  With regard to roadway facilities on the Strategic
1154	Intermodal System designated in accordance with ss. 339.61,
1155	339.62, 339.63, and 339.64 Florida Intrastate Highway System as
1156	defined in s. 338.001, with concurrence from the Department of
1157	Transportation, the level-of-service standard for general lanes
1158	in urbanized areas, as defined in s. 334.03(36), may be
1159	established by the local government in the comprehensive plan.
1160	For all other facilities on the Florida Intrastate Highway
1161	System, local governments shall adopt the level-of-service
1162	standard established by the Department of Transportation by
1163	rule.  For all other roads on the State Highway System, local
1164	governments shall establish an adequate level-of-service
1165	standard that need not be consistent with any level-of-service
1166	standard established by the Department of Transportation. In
1167	establishing adequate level-of-service standards for any
1168	arterial roads, or collector roads as appropriate, which
1169	traverse multiple jurisdictions, local governments shall
1170	consider compatibility with the roadway facility's adopted
1171	level-of-service standards in adjacent jurisdictions. Each local
1172	government within a county shall use a professionally accepted
1173	methodology for measuring impacts on transportation facilities
1174	for the purposes of implementing its concurrency management
1175	system. Counties are encouraged to coordinate with adjacent
1176	counties, and local governments within a county are encouraged
1177	to coordinate, for the purpose of using common methodologies for
1178	measuring impacts on transportation facilities for the purpose
1179	of implementing their concurrency management systems.
1180	(13)  In accordance with the schedule adopted pursuant to
1181	s. 163.3177(12)(h), school concurrency, if imposed by local
1182	option, shall be established on a districtwide basis and shall
1183	include all public schools in the district and all portions of
1184	the district, whether located in a municipality or an
1185	unincorporated area unless exempt from the public school
1186	facilities element pursuant to s. 163.3177(12). This subsection
1187	shall not apply to the Florida School for the Deaf and Blind.
1188	The school concurrency requirement shall not be effective until
1189	the adoption of the public school facilities element. The
1190	application of school concurrency to development shall be based
1191	upon the adopted comprehensive plan, as amended. All local
1192	governments within a county, except as provided in paragraph
1193	(f), shall adopt and transmit to the state land planning agency
1194	the necessary plan amendments, along with the interlocal
1195	agreement, for a compliance review pursuant to s. 163.3184(7)
1196	and (8). School concurrency shall not become effective in a
1197	county until all local governments, except as provided in
1198	paragraph (f), have adopted the necessary plan amendments, which
1199	together with the interlocal agreement, are determined to be in
1200	compliance with the requirements of this part. The minimum
1201	requirements for school concurrency are the following:
1202	(a)  Public school facilities element.--A local government
1203	shall adopt and transmit to the state land planning agency a
1204	plan or plan amendment which includes a public school facilities
1205	element which is consistent with the requirements of s.
1206	163.3177(12) and which is determined to be in compliance as
1207	defined in s. 163.3184(1)(b).  All local government public
1208	school facilities plan elements within a county must be
1209	consistent with each other as well as the requirements of this
1210	part.
1211	(b)  Level-of-service standards.--The Legislature
1212	recognizes that an essential requirement for a concurrency
1213	management system is the level of service at which a public
1214	facility is expected to operate.
1215	1.  Local governments and school boards imposing school
1216	concurrency shall exercise authority in conjunction with each
1217	other to establish jointly adequate level-of-service standards,
1218	as defined in chapter 9J-5, Florida Administrative Code,
1219	necessary to implement the adopted local government
1220	comprehensive plan, based on data and analysis.
1221	2.  Public school level-of-service standards shall be
1222	included and adopted into the capital improvements element of
1223	the local comprehensive plan and shall apply districtwide to all
1224	schools of the same type. Types of schools may include
1225	elementary, middle, and high schools as well as special purpose
1226	facilities such as magnet schools.
1227	3.  Local governments and school boards shall have the
1228	option to utilize tiered level-of-service standards to allow
1229	time to achieve an adequate and desirable level of service as
1230	circumstances warrant.
1231	(c)  Service areas.--The Legislature recognizes that an
1232	essential requirement for a concurrency system is a designation
1233	of the area within which the level of service will be measured
1234	when an application for a residential development permit is
1235	reviewed for school concurrency purposes. This delineation is
1236	also important for purposes of determining whether the local
1237	government has a financially feasible public school capital
1238	facilities program that will provide schools which will achieve
1239	and maintain the adopted level-of-service standards.
1240	1.  In order to balance competing interests, preserve the
1241	constitutional concept of uniformity, and avoid disruption of
1242	existing educational and growth management processes, local
1243	governments are encouraged to initially apply school concurrency
1244	to development only on a districtwide basis so that a
1245	concurrency determination for a specific development will be
1246	based upon the availability of school capacity districtwide. To
1247	ensure that development is coordinated with schools having
1248	available capacity, within 5 years after adoption of school
1249	concurrency, local governments shall apply school concurrency on
1250	a less than districtwide basis, such as using school attendance
1251	zones or concurrency service areas, as provided in subparagraph
1252	2.
1253	2.  For local governments applying school concurrency on a
1254	less than districtwide basis, such as utilizing school
1255	attendance zones or larger school concurrency service areas,
1256	local governments and school boards shall have the burden to
1257	demonstrate that the utilization of school capacity is maximized
1258	to the greatest extent possible in the comprehensive plan and
1259	amendment, taking into account transportation costs and court-
1260	approved desegregation plans, as well as other factors. In
1261	addition, in order to achieve concurrency within the service
1262	area boundaries selected by local governments and school boards,
1263	the service area boundaries, together with the standards for
1264	establishing those boundaries, shall be identified and, included
1265	as supporting data and analysis for, and adopted as part of the
1266	comprehensive plan. Any subsequent change to the service area
1267	boundaries for purposes of a school concurrency system shall be
1268	by plan amendment and shall be exempt from the limitation on the
1269	frequency of plan amendments in s. 163.3187(1).
1270	3.  Where school capacity is available on a districtwide
1271	basis but school concurrency is applied on a less than
1272	districtwide basis in the form of concurrency service areas, if
1273	the adopted level-of-service standard cannot be met in a
1274	particular service area as applied to an application for a
1275	development permit and if the needed capacity for the particular
1276	service area is available in one or more contiguous service
1277	areas, as adopted by the local government, then the local
1278	government may not deny an application for site plan or final
1279	subdivision approval or the functional equivalent for a
1280	development or phase of a development on the basis of school
1281	concurrency, and if order shall be issued, development impacts
1282	shall be shifted to contiguous service areas with schools having
1283	available capacity and mitigation measures shall not be exacted.
1284	(d)  Financial feasibility.--The Legislature recognizes
1285	that financial feasibility is an important issue because the
1286	premise of concurrency is that the public facilities will be
1287	provided in order to achieve and maintain the adopted level-of-
1288	service standard. This part and chapter 9J-5, Florida
1289	Administrative Code, contain specific standards to determine the
1290	financial feasibility of capital programs. These standards were
1291	adopted to make concurrency more predictable and local
1292	governments more accountable.
1293	1.  A comprehensive plan amendment seeking to impose school
1294	concurrency shall contain appropriate amendments to the capital
1295	improvements element of the comprehensive plan, consistent with
1296	the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
1297	Administrative Code. The capital improvements element shall set
1298	forth a financially feasible public school capital facilities
1299	program, established in conjunction with the school board, that
1300	demonstrates that the adopted level-of-service standards will be
1301	achieved and maintained.
1302	2.  Such amendments shall demonstrate that the public
1303	school capital facilities program meets all of the financial
1304	feasibility standards of this part and chapter 9J-5, Florida
1305	Administrative Code, that apply to capital programs which
1306	provide the basis for mandatory concurrency on other public
1307	facilities and services.
1308	3.  When the financial feasibility of a public school
1309	capital facilities program is evaluated by the state land
1310	planning agency for purposes of a compliance determination, the
1311	evaluation shall be based upon the service areas selected by the
1312	local governments and school board.
1313	(e)  Availability standard.--Consistent with the public
1314	welfare, a local government may not deny an application for site
1315	plan, final subdivision approval, or the functional equivalent
1316	for a development or phase of a development permit authorizing
1317	residential development for failure to achieve and maintain the
1318	level-of-service standard for public school capacity in a local
1319	option school concurrency management system where adequate
1320	school facilities will be in place or under actual construction
1321	within 3 years after the permit issuance of final subdivision or
1322	site plan approval, or the functional equivalent. School
1323	concurrency shall be satisfied if the developer executes a
1324	legally binding commitment to provide mitigation proportionate
1325	to the demand for public school facilities to be created by
1326	actual development of the property, including, but not limited
1327	to, the options described in subparagraph 1. Approval of a
1328	funding agreement shall not be unreasonably withheld. Any
1329	dispute shall be mediated pursuant to s. 120.573. Options for
1330	proportionate-share mitigation of impacts on public school
1331	facilities shall be established in the interlocal agreement
1332	pursuant to s. 163.31777.
1333	1.  Appropriate mitigation options include the contribution
1334	of land; the construction, expansion, or payment for land
1335	acquisition or construction of a public school facility; or the
1336	creation of mitigation banking based on the construction of a
1337	public school facility in exchange for the right to sell
1338	capacity credits. Such options must include execution by the
1339	applicant and the local government of a binding development
1340	agreement that constitutes a legally binding commitment to pay
1341	proportionate-share mitigation for the additional residential
1342	units approved by the local government in a development order
1343	and actually developed on the property, taking into account
1344	residential density allowed on the property prior to the plan
1345	amendment that increased overall residential density. Mitigation
1346	for development impact to public schools requires the
1347	concurrence of the local school board. As a condition of its
1348	entry into such a development agreement, the local government
1349	may require the landowner to agree to continuing renewal of the
1350	agreement upon its expiration.
1351	2.  If the education facilities plan and the interlocal
1352	agreement adopted pursuant to s. 163.317777 authorize a
1353	contribution of land; the construction, expansion, or payment
1354	for land acquisition; or the construction or expansion of a
1355	public school facility, or a portion thereof, as proportionate-
1356	share mitigation, the local government shall credit such a
1357	contribution, construction, expansion, or payment toward any
1358	other impact fee or exaction imposed by local ordinance for the
1359	same need, on a dollar-for-dollar basis at fair market value.
1360	3.  Any proportionate-share mitigation must be directed by
1361	the school board toward a school capacity improvement identified
1362	in a financially feasible 5-year district work plan and which
1363	satisfies the demands created by that development in accordance
1364	with a binding developer's agreement.
1365	4.  An offer or agreement to pay a local government's
1366	proportionate share for a project's impact does not obligate a
1367	local government to approve a development that is not otherwise
1368	qualified for approval pursuant to a local government's
1369	comprehensive plan and land development regulations.
1370	(f)  Intergovernmental coordination.--
1371	1.  When establishing concurrency requirements for public
1372	schools, a local government shall satisfy the requirements for
1373	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1374	and 2., except that a municipality is not required to be a
1375	signatory to the interlocal agreement required by ss. s.
1376	163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1377	imposition of school concurrency, and as a nonsignatory, shall
1378	not participate in the adopted local school concurrency system,
1379	if the municipality meets all of the following criteria for
1380	having no significant impact on school attendance:
1381	a.  The municipality has issued development orders for
1382	fewer than 50 residential dwelling units during the preceding 5
1383	years, or the municipality has generated fewer than 25
1384	additional public school students during the preceding 5 years.
1385	b.  The municipality has not annexed new land during the
1386	preceding 5 years in land use categories which permit
1387	residential uses that will affect school attendance rates.
1388	c.  The municipality has no public schools located within
1389	its boundaries.
1390	d.  At least 80 percent of the developable land within the
1391	boundaries of the municipality has been built upon.
1392	2.  A municipality which qualifies as having no significant
1393	impact on school attendance pursuant to the criteria of
1394	subparagraph 1. must review and determine at the time of its
1395	evaluation and appraisal report pursuant to s. 163.3191 whether
1396	it continues to meet the criteria pursuant to s. 163.31777(6).
1397	If the municipality determines that it no longer meets the
1398	criteria, it must adopt appropriate school concurrency goals,
1399	objectives, and policies in its plan amendments based on the
1400	evaluation and appraisal report, and enter into the existing
1401	interlocal agreement required by ss. s. 163.3177(6)(h)2. and
1402	163.31777, in order to fully participate in the school
1403	concurrency system.  If such a municipality fails to do so, it
1404	will be subject to the enforcement provisions of s. 163.3191.
1405	(g)  Interlocal agreement for school concurrency.--When
1406	establishing concurrency requirements for public schools, a
1407	local government must enter into an interlocal agreement that
1408	which satisfies the requirements in ss. s. 163.3177(6)(h)1. and
1409	2. and 163.31777 and the requirements of this subsection.  The
1410	interlocal agreement shall acknowledge both the school board's
1411	constitutional and statutory obligations to provide a uniform
1412	system of free public schools on a countywide basis, and the
1413	land use authority of local governments, including their
1414	authority to approve or deny comprehensive plan amendments and
1415	development orders.  The interlocal agreement shall be submitted
1416	to the state land planning agency by the local government as a
1417	part of the compliance review, along with the other necessary
1418	amendments to the comprehensive plan required by this part.  In
1419	addition to the requirements of ss. s. 163.3177(6)(h) and
1420	163.31777, the interlocal agreement shall meet the following
1421	requirements:
1422	1.  Establish the mechanisms for coordinating the
1423	development, adoption, and amendment of each local government's
1424	public school facilities element with each other and the plans
1425	of the school board to ensure a uniform districtwide school
1426	concurrency system.
1427	2.  Establish a process by which each local government and
1428	the school board shall agree and base their plans on consistent
1429	projections of the amount, type, and distribution of population
1430	growth and coordinate and share information relating to existing
1431	and planned public school facilities projections and proposals
1432	for development and redevelopment, and infrastructure required
1433	to support public school facilities.
1434	2.3.  Establish a process for the development of siting
1435	criteria which encourages the location of public schools
1436	proximate to urban residential areas to the extent possible and
1437	seeks to collocate schools with other public facilities such as
1438	parks, libraries, and community centers to the extent possible.
1439	3.4.  Specify uniform, districtwide level-of-service
1440	standards for public schools of the same type and the process
1441	for modifying the adopted level-of-service standards.
1442	4.5.  Establish a process for the preparation, amendment,
1443	and joint approval by each local government and the school board
1444	of a public school capital facilities program which is
1445	financially feasible, and a process and schedule for
1446	incorporation of the public school capital facilities program
1447	into the local government comprehensive plans on an annual
1448	basis.
1449	5.6.  Define the geographic application of school
1450	concurrency.  If school concurrency is to be applied on a less
1451	than districtwide basis in the form of concurrency service
1452	areas, the agreement shall establish criteria and standards for
1453	the establishment and modification of school concurrency service
1454	areas.  The agreement shall also establish a process and
1455	schedule for the mandatory incorporation of the school
1456	concurrency service areas and the criteria and standards for
1457	establishment of the service areas into the local government
1458	comprehensive plans.  The agreement shall ensure maximum
1459	utilization of school capacity, taking into account
1460	transportation costs and court-approved desegregation plans, as
1461	well as other factors.  The agreement shall also ensure the
1462	achievement and maintenance of the adopted level-of-service
1463	standards for the geographic area of application throughout the
1464	5 years covered by the public school capital facilities plan and
1465	thereafter by adding a new fifth year during the annual update.
1466	6.7.  Establish a uniform districtwide procedure for
1467	implementing school concurrency which provides for:
1468	a.  The evaluation of development applications for
1469	compliance with school concurrency requirements, including
1470	information provided by the school board on affected schools,
1471	impact on levels of service, and programmed improvements for
1472	affected schools and any options to provide sufficient capacity;
1473	b.  An opportunity for the school board to review and
1474	comment on the effect of comprehensive plan amendments and
1475	rezonings on the public school facilities plan; and
1476	c.  The monitoring and evaluation of the school concurrency
1477	system.
1478	7.8.  Include provisions relating to termination,
1479	suspension, and amendment of the agreement. The agreement shall
1480	provide that if the agreement is terminated or suspended, the
1481	application of school concurrency shall be terminated or
1482	suspended.
1483	8.  A process and uniform methodology for determining
1484	proportionate-share mitigation pursuant to subparagraph (e)1.
1485	(h)  This subsection does not limit the authority of a
1486	local government to grant or deny a development permit or its
1487	functional equivalent prior to the implementation of school
1488	concurrency.
1489	(15)(a)  Multimodal transportation districts may be
1490	established under a local government comprehensive plan in areas
1491	delineated on the future land use map for which the local
1492	comprehensive plan assigns secondary priority to vehicle
1493	mobility and primary priority to assuring a safe, comfortable,
1494	and attractive pedestrian environment, with convenient
1495	interconnection to transit. Such districts must incorporate
1496	community design features that will reduce the number of
1497	automobile trips or vehicle miles of travel and will support an
1498	integrated, multimodal transportation system. Prior to the
1499	designation of multimodal transportation districts, the
1500	Department of Transportation shall be consulted by the local
1501	government to assess the impact that the proposed multimodal
1502	district area is expected to have on the adopted level of
1503	service standards established for Strategic Intermodal System
1504	facilities, as defined in s. 339.64, and roadway facilities
1505	funded in accordance with s. 339.28171. Further, the local
1506	government shall, in cooperation with the Department of
1507	Transportation, develop a plan to mitigate any impacts to the
1508	Strategic Intermodal System, including the development of a
1509	long-term concurrency management system pursuant to ss.
1510	163.3177(3)(d) and 163.3180(9). Multimodal transportation
1511	districts existing prior to July 1, 2005, shall meet, at a
1512	minimum, the provisions of this section by July 1, 2006, or at
1513	the time of the comprehensive plan update pursuant to the
1514	evaluation and appraisal report, whichever occurs last.
1515	(b)  Community design elements of such a district include:
1516	a complementary mix and range of land uses, including
1517	educational, recreational, and cultural uses; interconnected
1518	networks of streets designed to encourage walking and bicycling,
1519	with traffic-calming where desirable; appropriate densities and
1520	intensities of use within walking distance of transit stops;
1521	daily activities within walking distance of residences, allowing
1522	independence to persons who do not drive; public uses, streets,
1523	and squares that are safe, comfortable, and attractive for the
1524	pedestrian, with adjoining buildings open to the street and with
1525	parking not interfering with pedestrian, transit, automobile,
1526	and truck travel modes.
1527	(c)  Local governments may establish multimodal level-of-
1528	service standards that rely primarily on nonvehicular modes of
1529	transportation within the district, when justified by an
1530	analysis demonstrating that the existing and planned community
1531	design will provide an adequate level of mobility within the
1532	district based upon professionally accepted multimodal level-of-
1533	service methodologies. The analysis must take into consideration
1534	the impact on the Florida Intrastate Highway System. The
1535	analysis must also demonstrate that the capital improvements
1536	required to promote community design are financially feasible
1537	over the development or redevelopment timeframe for the district
1538	and that community design features within the district provide
1539	convenient interconnection for a multimodal transportation
1540	system.  Local governments may issue development permits in
1541	reliance upon all planned community design capital improvements
1542	that are financially feasible over the development or
1543	redevelopment timeframe for the district, without regard to the
1544	period of time between development or redevelopment and the
1545	scheduled construction of the capital improvements.  A
1546	determination of financial feasibility shall be based upon
1547	currently available funding or funding sources that could
1548	reasonably be expected to become available over the planning
1549	period.
1550	(d)  Local governments may reduce impact fees or local
1551	access fees for development within multimodal transportation
1552	districts based on the reduction of vehicle trips per household
1553	or vehicle miles of travel expected from the development pattern
1554	planned for the district.
1555	(16)(a)  It is the intent of the Legislature to provide a
1556	method by which the impacts of development on transportation
1557	facilities can be mitigated by the cooperative efforts of the
1558	public and private sectors through the use of proportionate-
1559	share mitigation contributions for development impacts on
1560	transportation facilities.
1561	(b)  By December 1, 2007, each local government shall adopt
1562	by ordinance a transportation concurrency management system that
1563	shall include a methodology for assessing proportionate-share
1564	mitigation options. By December 1, 2005, the Department of
1565	Transportation shall develop model transportation concurrency
1566	management ordinances with alternative methodologies for
1567	assessing proportionate-share mitigation options. The
1568	transportation concurrency management ordinances may assess
1569	concurrency impact areas by district or systemwide.
1570	(c)  By December 1, 2006, the Department of Transportation
1571	shall develop a process and uniform methodology for determining
1572	proportionate-share mitigation contributions for developments
1573	impacts to transportation facilities included in the Strategic
1574	Intermodal System. The department shall consult with local
1575	governments regarding the methodologies for impacts on
1576	transportation corridors.
1577	(d)  Transportation facilities concurrency shall be
1578	satisfied if the developer executes a legally binding commitment
1579	that provides proportionate-share mitigation contributions
1580	proportionate to the demand for transportation facilities to be
1581	created by actual development of the property. This may include,
1582	but shall not be limited to , the options for mitigation
1583	established in the transportation element or traffic circulation
1584	element. Appropriate transportation mitigation contribution may
1585	include public or private funds; the contribution of right-of-
1586	way; the construction of a transportation facility or payment
1587	for the right-of-way or construction of a transportation
1588	facility or service; or the provision of transit service. Such
1589	options shall include execution of an enforceable development
1590	agreement for project to be funded by a developer. Developer's
1591	proportionate-share mitigation contributions shall be used to
1592	satisfy the transportation concurrency requirements of this
1593	section and may be applied as a credit against impact fees.
1594	(e)  Approval of a development agreement shall not be
1595	unreasonably withheld by the local government. Any dispute shall
1596	be resolved through mediation or other alternative dispute
1597	resolution.
1598	(f)  A local government may not require a development to
1599	contribute more than its proportionate-share mitigation
1600	regardless of the method of mitigation.
1601	(g)  The local government shall  notify the Department of
1602	Transportation of all proportionate-share mitigation
1603	contributions made for impacts on the transportation facilities
1604	included in the Strategic Intermodal System. In addition, the
1605	Department of Transportation is not authorized to arbitrarily
1606	charge a fee or require additional mitigation from a developer.
1607	(h)  Local governments may create mitigation banks for
1608	transportation facilities within its local government
1609	comprehensive plan to assist with the concurrency provisions of
1610	this section.
1611	(i)  The provisions of this subsection shall not apply to a
1612	development of regional impact using the provisions of s.
1613	163.3180(12).
1614	(17)  Concurrency requirements imposed by a local
1615	comprehensive plan, a local government's land development
1616	regulations, and s. 380.06, shall be satisfied if a developer
1617	enters into a legally binding commitment to provide mitigation
1618	proportionate to the impact of the development on parks and
1619	recreation and stormwater. A local government may not require a
1620	development to pay more than its proportionate-share mitigation
1621	regardless of the method mitigation.
1622	Section 6.  Paragraph (b) of subsection (1), subsection
1623	(4), and paragraph (a) of subsection (6) of section 163.3184,
1624	Florida Statutes, are amended to read:
1625	163.3184  Process for adoption of comprehensive plan or
1626	plan amendment.--
1627	(1)  DEFINITIONS.--As used in this section, the term:
1628	(b)  "In compliance" means consistent with the requirements
1629	of s. ss. 163.3177, 163.31776, when a local government adopts an
1630	educational facilities element, 163.3178, 163.3180, 163.3191,
1631	and 163.3245, with the state comprehensive plan, with the
1632	appropriate strategic regional policy plan, and with chapter 9J-
1633	5, Florida Administrative Code, where such rule is not
1634	inconsistent with this part and with the principles for guiding
1635	development in designated areas of critical state concern and
1636	with part III of chapter 369, where applicable.
1637	(4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
1638	specified in paragraph (3)(a) shall provide comments to the
1639	state land planning agency within 30 days after receipt by the
1640	state land planning agency of the complete proposed plan
1641	amendment. If the plan or plan amendment includes or relates to
1642	the public school facilities element pursuant to s. 163.3177
1643	163.31776, the state land planning agency shall submit a copy to
1644	the Office of Educational Facilities of the Commissioner of
1645	Education for review and comment. The appropriate regional
1646	planning council shall also provide its written comments to the
1647	state land planning agency within 30 days after receipt by the
1648	state land planning agency of the complete proposed plan
1649	amendment and shall specify any objections, recommendations for
1650	modifications, and comments of any other regional agencies to
1651	which the regional planning council may have referred the
1652	proposed plan amendment. Written comments submitted by the
1653	public within 30 days after notice of transmittal by the local
1654	government of the proposed plan amendment will be considered as
1655	if submitted by governmental agencies. All written agency and
1656	public comments must be made part of the file maintained under
1657	subsection (2).
1658	(6)  STATE LAND PLANNING AGENCY REVIEW.--
1659	(a)  The state land planning agency may shall review a
1660	proposed plan amendment upon request of a regional planning
1661	council, affected person, or local government transmitting the
1662	plan amendment. The request from the regional planning council
1663	or affected person must be received within 30 days after
1664	transmittal of the proposed plan amendment pursuant to
1665	subsection (3). A regional planning council or affected person
1666	requesting a review shall do so by submitting a written request
1667	to the agency with a notice of the request to the local
1668	government and any other person who has requested notice.
1669	Section 7.  Paragraphs (c) and (l) of subsection (1) of
1670	section 163.3187, Florida Statutes, are amended, and paragraph
1671	(o) is added to said subsection, to read:
1672	163.3187  Amendment of adopted comprehensive plan.--
1673	(1)  Amendments to comprehensive plans adopted pursuant to
1674	this part may be made not more than two times during any
1675	calendar year, except:
1676	(c)  Any local government comprehensive plan amendments
1677	directly related to proposed small scale development activities
1678	may be approved without regard to statutory limits on the
1679	frequency of consideration of amendments to the local
1680	comprehensive plan. A small scale development amendment may be
1681	adopted only under the following conditions:
1682	1.  The proposed amendment involves a use of 10 acres or
1683	fewer and:
1684	a.  The cumulative annual effect of the acreage for all
1685	small scale development amendments adopted by the local
1686	government shall not exceed:
1687	(I)  A maximum of 120 acres in a local government that
1688	contains areas specifically designated in the local
1689	comprehensive plan for urban infill, urban redevelopment, or
1690	downtown revitalization as defined in s. 163.3164, urban infill
1691	and redevelopment areas designated under s. 163.2517,
1692	transportation concurrency exception areas approved pursuant to
1693	s. 163.3180(5), or regional activity centers and urban central
1694	business districts approved pursuant to s. 380.06(2)(e);
1695	however, amendments under this paragraph may be applied to no
1696	more than 60 acres annually of property outside the designated
1697	areas listed in this sub-sub-subparagraph. Amendments adopted
1698	pursuant to paragraph (k) shall not be counted toward the
1699	acreage limitations for small scale amendments under this
1700	paragraph.
1701	(II)  A maximum of 80 acres in a local government that does
1702	not contain any of the designated areas set forth in sub-sub-
1703	subparagraph (I).
1704	(III)  A maximum of 120 acres in a county established
1705	pursuant to s. 9, Art. VIII of the State Constitution.
1706	b.  The proposed amendment does not involve the same
1707	property granted a change within the prior 12 months.
1708	c.  The proposed amendment does not involve the same
1709	owner's property within 200 feet of property granted a change
1710	within the prior 12 months.
1711	d.  The proposed amendment does not involve a text change
1712	to the goals, policies, and objectives of the local government's
1713	comprehensive plan, but only proposes a land use change to the
1714	future land use map for a site-specific small scale development
1715	activity.
1716	e.  The property that is the subject of the proposed
1717	amendment is not located within an area of critical state
1718	concern, unless the project subject to the proposed amendment
1719	involves the construction of affordable housing units meeting
1720	the criteria of s. 420.0004(3), and is located within an area of
1721	critical state concern designated by s. 380.0552 or by the
1722	Administration Commission pursuant to s. 380.05(1). Such
1723	amendment is not subject to the density limitations of sub-
1724	subparagraph f., and shall be reviewed by the state land
1725	planning agency for consistency with the principles for guiding
1726	development applicable to the area of critical state concern
1727	where the amendment is located and shall not become effective
1728	until a final order is issued under s. 380.05(6).
1729	f.  If the proposed amendment involves a residential land
1730	use, the residential land use has a density of 10 units or less
1731	per acre, except that this limitation does not apply to small
1732	scale amendments involving the construction of affordable
1733	housing units meeting the criteria of s. 420.0004(3) on property
1734	which will be the subject of a land use restriction agreement or
1735	extended use agreement recorded in conjunction with the issuance
1736	of tax exempt bond financing or an allocation of federal tax
1737	credits issued through the Florida Housing Finance Corporation
1738	or a local housing finance authority authorized by the Division
1739	of Bond Finance of the State Board of Administration, or small
1740	scale amendments described in sub-sub-subparagraph a.(I) that
1741	are designated in the local comprehensive plan for urban infill,
1742	urban redevelopment, or downtown revitalization as defined in s.
1743	163.3164, urban infill and redevelopment areas designated under
1744	s. 163.2517, transportation concurrency exception areas approved
1745	pursuant to s. 163.3180(5), or regional activity centers and
1746	urban central business districts approved pursuant to s.
1747	380.06(2)(e).
1748	2.a.  A local government that proposes to consider a plan
1749	amendment pursuant to this paragraph is not required to comply
1750	with the procedures and public notice requirements of s.
1751	163.3184(15)(c) for such plan amendments if the local government
1752	complies with the provisions in s. 125.66(4)(a) for a county or
1753	in s. 166.041(3)(c) for a municipality. If a request for a plan
1754	amendment under this paragraph is initiated by other than the
1755	local government, public notice is required.
1756	b.  The local government shall send copies of the notice
1757	and amendment to the state land planning agency, the regional
1758	planning council, and any other person or entity requesting a
1759	copy. This information shall also include a statement
1760	identifying any property subject to the amendment that is
1761	located within a coastal high hazard area as identified in the
1762	local comprehensive plan.
1763	3.  Small scale development amendments adopted pursuant to
1764	this paragraph require only one public hearing before the
1765	governing board, which shall be an adoption hearing as described
1766	in s. 163.3184(7), and are not subject to the requirements of s.
1767	163.3184(3)-(6) unless the local government elects to have them
1768	subject to those requirements.
1769	(l)  A comprehensive plan amendment to adopt a public
1770	educational facilities element pursuant to s. 163.3177 163.31776
1771	and future land-use-map amendments for school siting may be
1772	approved notwithstanding statutory limits on the frequency of
1773	adopting plan amendments.
1774	(o)1.  For municipalities that are more than 90 percent
1775	built-out, any municipality's comprehensive plan amendments may
1776	be approved without regard to statutory limits on the frequency
1777	of consideration of amendments to the local comprehensive plan
1778	only if the proposed amendment involves a use of 100 acres or
1779	fewer and:
1780	a.  The cumulative annual effect of the acreage for all
1781	amendments adopted pursuant to this paragraph does not exceed
1782	500 acres.
1783	b.  The proposed amendment does not involve the same
1784	property granted a change within the prior 12 months.
1785	c.  The proposed amendment does not involve the same
1786	owner's property within 200 feet of property granted a change
1787	within the prior 12 months.
1788	d.  The proposed amendment does not involve a text change
1789	to the goals, policies, and objectives of the local government's
1790	comprehensive plan but only proposes a land use change to the
1791	future land use map for a site-specific small scale development
1792	activity.
1793	e.  The property that is the subject of the proposed
1794	amendment is not located within an area of critical state
1795	concern.
1796	2.  For purposes of this paragraph, the term "built-out"
1797	means 90 percent of the property within the municipality's
1798	boundaries, excluding lands that are designated as conservation,
1799	preservation, recreation, or public facilities categories, have
1800	been developed, or are the subject of an approved development
1801	order that has received a building permit, and the municipality
1802	has an average density of 5 units per acre for residential
1803	development.
1804	3.a.  A local government that proposes to consider a plan
1805	amendment pursuant to this paragraph is not required to comply
1806	with the procedures and public notice requirements of s.
1807	163.3184(15)(c) for such plan amendments if the local government
1808	complies with the provisions of s. 166.041(3)(c). If a request
1809	for a plan amendment under this paragraph is initiated by other
1810	than the local government, public notice is required.
1811	b.  The local government shall send copies of the notice
1812	and amendment to the state land planning agency, the regional
1813	planning council, and any other person or entity requesting a
1814	copy. This information shall also include a statement
1815	identifying any property subject to the amendment that is
1816	located within a coastal high hazard area as identified in the
1817	local comprehensive plan.
1818	4.  Amendments adopted pursuant to this paragraph require
1819	only one public hearing before the governing board, which shall
1820	be an adoption hearing as described in s. 163.3184(7), and are
1821	not subject to the requirements of s. 163.3184(3)-(6) unless the
1822	local government elects to have them subject to those
1823	requirements.
1824	5.  This paragraph shall not apply if a municipality
1825	annexes unincorporated property that decreases the percentage of
1826	build-out to an amount below 90 percent.
1827	5.  A municipality shall notify the state land planning
1828	agency in writing of its built-out percentage prior to the
1829	submission of any comprehensive plan amendments under this
1830	subsection.
1831	Section 8.  Subsections (2) and (10) of section 163.3191,
1832	Florida Statutes, are amended to read:
1833	163.3191  Evaluation and appraisal of comprehensive plan.--
1834	(2)  The report shall present an evaluation and assessment
1835	of the comprehensive plan and shall contain appropriate
1836	statements to update the comprehensive plan, including, but not
1837	limited to, words, maps, illustrations, or other media, related
1838	to:
1839	(a)  Population growth and changes in land area, including
1840	annexation, since the adoption of the original plan or the most
1841	recent update amendments.
1842	(b)  The extent of vacant and developable land.
1843	(c)  The financial feasibility of implementing the
1844	comprehensive plan and of providing needed infrastructure to
1845	achieve and maintain adopted level-of-service standards and
1846	sustain concurrency management systems through the capital
1847	improvements element, as well as the ability to address
1848	infrastructure backlogs and meet the demands of growth on public
1849	services and facilities.
1850	(d)  The location of existing development in relation to
1851	the location of development as anticipated in the original plan,
1852	or in the plan as amended by the most recent evaluation and
1853	appraisal report update amendments, such as within areas
1854	designated for urban growth.
1855	(e)  An identification of the major issues for the
1856	jurisdiction and, where pertinent, the potential social,
1857	economic, and environmental impacts.
1858	(f)  Relevant changes to the state comprehensive plan, the
1859	requirements of this part, the minimum criteria contained in
1860	chapter 9J-5, Florida Administrative Code, and the appropriate
1861	strategic regional policy plan since the adoption of the
1862	original plan or the most recent evaluation and appraisal report
1863	update amendments.
1864	(g)  An assessment of whether the plan objectives within
1865	each element, as they relate to major issues, have been
1866	achieved.  The report shall include, as appropriate, an
1867	identification as to whether unforeseen or unanticipated changes
1868	in circumstances have resulted in problems or opportunities with
1869	respect to major issues identified in each element and the
1870	social, economic, and environmental impacts of the issue.
1871	(h)  A brief assessment of successes and shortcomings
1872	related to each element of the plan.
1873	(i)  The identification of any actions or corrective
1874	measures, including whether plan amendments are anticipated to
1875	address the major issues identified and analyzed in the report.
1876	Such identification shall include, as appropriate, new
1877	population projections, new revised planning timeframes, a
1878	revised future conditions map or map series, an updated capital
1879	improvements element, and any new and revised goals, objectives,
1880	and policies for major issues identified within each element.
1881	This paragraph shall not require the submittal of the plan
1882	amendments with the evaluation and appraisal report.
1883	(j)  A summary of the public participation program and
1884	activities undertaken by the local government in preparing the
1885	report.
1886	(k)  The coordination of the comprehensive plan with
1887	existing public schools and those identified in the applicable
1888	educational facilities plan adopted pursuant to s. 1013.35. The
1889	assessment shall address, where relevant, the success or failure
1890	of the coordination of the future land use map and associated
1891	planned residential development with public schools and their
1892	capacities, as well as the joint decisionmaking processes
1893	engaged in by the local government and the school board in
1894	regard to establishing appropriate population projections and
1895	the planning and siting of public school facilities. For those
1896	counties or municipalities that do not have a public schools
1897	interlocal agreement or public school facility element, the
1898	assessment shall determine whether the local government
1899	continues to meet the criteria of s. 163.3177(12). If the county
1900	or municipality determines that it no longer meets the criteria,
1901	it must adopt appropriate school concurrency goals, objectives,
1902	and policies in its plan amendments pursuant to the requirements
1903	of the public school facility element, and enter into the
1904	existing interlocal agreement required by ss. 163.3177(6)(h)2.
1905	and 163.31777 in order to fully participate in the school
1906	concurrency system. If the issues are not relevant, the local
1907	government shall demonstrate that they are not relevant.
1908	(l)  The extent to which the local government has been
1909	successful in identifying alternative water supply projects and
1910	traditional water supply projects, including conservation and
1911	reuse, necessary to meet the water needs identified in s.
1912	373.0361(2)(a) within the local government's jurisdiction. The
1913	report must evaluate the degree to which the local government
1914	has implemented the work plan for building public, private, and
1915	regional water supply facilities, including development of
1916	alternative water supplies, The evaluation must consider the
1917	appropriate water management district's regional water supply
1918	plan approved pursuant to s. 373.0361. The potable water element
1919	must be revised to include a work plan, covering at least a 10-
1920	year planning period, for building any water supply facilities
1921	that are identified in the element as necessary to serve
1922	existing and new development and for which the local government
1923	is responsible.
1924	(m)  If any of the jurisdiction of the local government is
1925	located within the coastal high-hazard area, an evaluation of
1926	whether any past reduction in land use density impairs the
1927	property rights of current residents when redevelopment occurs,
1928	including, but not limited to, redevelopment following a natural
1929	disaster. The property rights of current residents shall be
1930	balanced with public safety considerations. The local government
1931	must identify strategies to address redevelopment feasibility
1932	and the property rights of affected residents. These strategies
1933	may include the authorization of redevelopment up to the actual
1934	built density in existence on the property prior to the natural
1935	disaster or redevelopment.
1936	(n)  An assessment of whether the criteria adopted pursuant
1937	to s. 163.3177(6)(a) were successful in achieving compatibility
1938	with military installations.
1939	(o)  The extent to which a concurrency exception area
1940	designated pursuant to s. 163.3180(5), a concurrency management
1941	area designated pursuant to s. 163.3180(7), or a multimodal
1942	transportation district designated pursuant to s. 163.3180(15)
1943	has achieved the purpose for which it was created and otherwise
1944	complies with the provisions of s. 163.3180.
1945	(p)  An assessment of the extent to which changes are
1946	needed to develop a common methodology for measuring impacts on
1947	transportation facilities for the purpose of implementing its
1948	concurrency management system in coordination with the
1949	municipalities and counties, as appropriate pursuant to s.
1950	163.3180(10).
1951	(10)  The governing body shall amend its comprehensive plan
1952	based on the recommendations in the report and shall update the
1953	comprehensive plan based on the components of subsection (2),
1954	pursuant to the provisions of ss. 163.3184, 163.3187, and
1955	163.3189.  Amendments to update a comprehensive plan based on
1956	the evaluation and appraisal report shall be adopted within 18
1957	months after the report is determined to be sufficient by the
1958	state land planning agency, except the state land planning
1959	agency may grant an extension for adoption of a portion of such
1960	amendments.  The state land planning agency may grant a 6-month
1961	extension for the adoption of such amendments if the request is
1962	justified by good and sufficient cause as determined by the
1963	agency.  An additional extension may also be granted if the
1964	request will result in greater coordination between
1965	transportation and land use, for the purposes of improving
1966	Florida's transportation system, as determined by the agency in
1967	coordination with the Metropolitan Planning Organization
1968	program. Beginning July 1, 2006, failure to timely transmit
1969	update amendments to the comprehensive plan based on the
1970	evaluation and appraisal report shall result in a local
1971	government being prohibited from adopting amendments to the
1972	comprehensive plan until the evaluation and appraisal report
1973	update amendments have been transmitted to the state land
1974	planning agency. The prohibition on plan amendments shall
1975	commence when the update amendments to the comprehensive plan
1976	are past due. The comprehensive plan as amended shall be in
1977	compliance as defined in s. 163.3184(1)(b). Within 6 months
1978	after the effective date of the update amendments to the
1979	comprehensive plan, the local government shall provide to the
1980	state land planning agency and to all agencies designated by
1981	rule a complete copy of the updated comprehensive plan.
1982	Section 9.  Paragraph (b) of subsection (4) of section
1983	339.135, Florida Statutes, is amended to read:
1984	339.135  Work program; legislative budget request;
1985	definitions; preparation, adoption, execution, and amendment.--
1986	(4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
1987	(b)1.  A tentative work program, including the ensuing
1988	fiscal year and the successive 4 fiscal years, shall be prepared
1989	for the State Transportation Trust Fund and other funds managed
1990	by the department, unless otherwise provided by law.  The
1991	tentative work program shall be based on the district work
1992	programs and shall set forth all projects by phase to be
1993	undertaken during the ensuing fiscal year and planned for the
1994	successive 4 fiscal years. The total amount of the liabilities
1995	accruing in each fiscal year of the tentative work program may
1996	not exceed the revenues available for expenditure during the
1997	respective fiscal year based on the cash forecast for that
1998	respective fiscal year.
1999	2.  The tentative work program shall be developed in
2000	accordance with the Florida Transportation Plan required in s.
2001	339.155 and must comply with the program funding levels
2002	contained in the program and resource plan.
2003	3.  The department may include in the tentative work
2004	program proposed changes to the programs contained in the
2005	previous work program adopted pursuant to subsection (5);
2006	however, the department shall minimize changes and adjustments
2007	that affect the scheduling of project phases in the 4 common
2008	fiscal years contained in the previous adopted work program and
2009	the tentative work program.  The department, in the development
2010	of the tentative work program, shall advance by 1 fiscal year
2011	all projects included in the second year of the previous year's
2012	adopted work program, unless the secretary specifically
2013	determines that it is necessary, for specific reasons, to
2014	reschedule or delete one or more projects from that year.  Such
2015	changes and adjustments shall be clearly identified, and the
2016	effect on the 4 common fiscal years contained in the previous
2017	adopted work program and the tentative work program shall be
2018	shown.  It is the intent of the Legislature that the first 5
2019	years of the adopted work program for facilities designated as
2020	part of the Florida Intrastate Highway System and the first 3
2021	years of the adopted work program stand as the commitment of the
2022	state to undertake transportation projects that local
2023	governments may rely on for planning and concurrency purposes
2024	and in the development and amendment of the capital improvements
2025	elements of their local government comprehensive plans.
2026	4.  The tentative work program must include a balanced 36-
2027	month forecast of cash and expenditures and a 5-year finance
2028	plan supporting the tentative work program.
2029	Section 10.  The Office of Program Policy Analysis and
2030	Government Accountability shall perform a study on adjustments
2031	to the boundaries of Florida Regional Planning Councils, Florida
2032	Water Management Districts, and Department of Transportation
2033	Districts. The purpose of this study is to organize these
2034	regional boundaries, without eliminating any regional agency, to
2035	be more coterminous with one another, creating a more unified
2036	system of regional boundaries. This study must be completed by
2037	December 31, 2005, and submitted to the President of the Senate,
2038	the Speaker of the House of Representatives, and the Governor by
2039	January 15, 2006.
2040	Section 11.  Section 163.3247, Florida Statutes, is created
2041	to read:
2042	163.3247  Century Commission for a Sustainable Florida.--
2043	(1)  POPULAR NAME.--This section may be cited as the
2044	"Century Commission for a Sustainable Florida Act."
2045	(2)  FINDINGS AND INTENT.--The Legislature finds and
2046	declares that the population of this state is expected to more
2047	than double over the next 100 years, with commensurate impacts
2048	to the state's natural resources and public infrastructure.
2049	Consequently, it is in the best interests of the people of the
2050	state to ensure sound planning for the proper placement of this
2051	growth and protection of the state's land, water, and other
2052	natural resources since such resources are essential to our
2053	collective quality of life and a strong economy. The state's
2054	growth management system should foster economic stability
2055	through regional solutions and strategies, urban renewal and
2056	infill, and the continued viability of agricultural economies,
2057	while allowing for rural economic development and protecting the
2058	unique characteristics of rural areas, and should reduce the
2059	complexity of the regulatory process while carrying out the
2060	intent of the laws and encouraging greater citizen
2061	participation.
2062	(3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
2063	CREATION; ORGANIZATION.--The Century Commission for a
2064	Sustainable Florida is created as a standing body to help the
2065	citizens of this state envision and plan their collective future
2066	with an eye towards both 20-year and 50-year horizons.
2067	(a)  The commission shall consist of fifteen members, five
2068	appointed by the Governor, five appointed by the President of
2069	the Senate, and five appointed by the Speaker of the House of
2070	Representatives. Appointments shall be made no later than
2071	October 1, 2005. The membership must represent local
2072	governments, school boards, developers and homebuilders, the
2073	business community, the agriculture community, the environmental
2074	community, and other appropriate stakeholders. One member shall
2075	be designated by the Governor as chair of the commission. Any
2076	vacancy that occurs on the commission must be filled in the same
2077	manner as the original appointment and shall be for the
2078	unexpired term of that commission seat. Members shall serve 4-
2079	year terms, except that, initially, to provide for staggered
2080	terms, three of the appointees, one each by the Governor, the
2081	President of the Senate, and the Speaker of the House of
2082	Representatives, shall serve 2-year terms, three shall serve 3-
2083	year terms, and three shall serve 4-year terms. All subsequent
2084	appointments shall be for 4-year terms. An appointee may not
2085	serve more than 6 years.
2086	(b)  The first meeting of the commission shall be held no
2087	later than December 1, 2005, and shall meet at the call of the
2088	chair but not less frequently than three times per year in
2089	different regions of the state to solicit input from the public
2090	or any other individuals offering testimony relevant to the
2091	issues to be considered.
2092	(c)  Each member of the commission is entitled to one vote
2093	and actions of the commission are not binding unless taken by a
2094	three-fifths vote of the members present. A majority of the
2095	members is required to constitute a quorum, and the affirmative
2096	vote of a quorum is required for a binding vote.
2097	(d)  Members of the commission shall serve without
2098	compensation but shall be entitled to receive per diem and
2099	travel expenses in accordance with s. 112.061 while in
2100	performance of their duties.
2101	(4)  POWERS AND DUTIES.--The commission shall:
2102	(a)  Annually conduct a process through which the
2103	commission envisions the future for the state and then develops
2104	and recommends policies, plans, action steps, or strategies to
2105	assist in achieving the vision.
2106	(b)  Continuously review and consider statutory and
2107	regulatory provisions, governmental processes, and societal and
2108	economic trends in its inquiry of how state, regional, and local
2109	governments and entities and citizens of this state can best
2110	accommodate projected increased populations while maintaining
2111	the natural, historical, cultural, and manmade life qualities
2112	that best represent the state.
2113	(c)  Bring together people representing varied interests to
2114	develop a shared image of the state and its developed and
2115	natural areas. The process should involve exploring the impact
2116	of the estimated population increase and other emerging trends
2117	and issues; creating a vision for the future; and developing a
2118	strategic action plan to achieve that vision using 20-year and
2119	50-year intermediate planning timeframes.
2120	(d)  Focus on essential state interests, defined as those
2121	interests that transcend local or regional boundaries and are
2122	most appropriately conserved, protected, and promoted at the
2123	state level.
2124	(e)  Serve as an objective, nonpartisan repository of
2125	exemplary community-building ideas and as a source to recommend
2126	strategies and practices to assist others in working
2127	collaboratively to problem solve on issues relating to growth
2128	management.
2129	(f)  Annually, beginning January 16, 2007, and every year
2130	thereafter on the same date, provide to the Governor, the
2131	President of the Senate, and the Speaker of the House of
2132	Representatives a written report containing specific
2133	recommendations for addressing growth management in the state,
2134	including executive and legislative recommendations. Further,
2135	the report shall contain discussions regarding the need for
2136	intergovernmental cooperation and the balancing of environmental
2137	protection and future development and recommendations on issues,
2138	including, but not limited to, recommendations regarding
2139	dedicated sources of funding for sewer facilities, water supply
2140	and quality, transportation facilities that are not adequately
2141	addressed by the Strategic Intermodal System, and educational
2142	infrastructure to support existing development and projected
2143	population growth.
2144	(g)  Beginning with the 2007 Regular Session of the
2145	Legislature, the President of the Senate and Speaker of the
2146	House of Representatives shall create a joint select committee,
2147	the task of which shall be to review the findings and
2148	recommendations of the Century Commission for a Sustainable
2149	Florida for potential action.
2150	(5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
2151	(a)  The Secretary of Community Affairs shall select an
2152	executive director of the commission, and the executive director
2153	shall serve at the pleasure of the secretary under the
2154	supervision and control of the commission.
2155	(b)  The Department of Community Affairs shall provide
2156	staff and other resources necessary to accomplish the goals of
2157	the commission based upon recommendations of the Governor.
2158	(c)  All agencies under the control of the Governor are
2159	directed, and all other agencies are requested, to render
2160	assistance to, and cooperate with, the commission.
2161	Section 12.  Subsection (3) of section 215.211, Florida
2162	Statutes, is amended to read:
2163	215.211  Service charge; elimination or reduction for
2164	specified proceeds.--
2165	(3)  Notwithstanding the provisions of s. 215.20(1), the
2166	service charge provided in s. 215.20(1), which is deducted from
2167	the proceeds of the local option fuel tax distributed under s.
2168	336.025, shall be reduced as follows:
2169	(a)  For the period July 1, 2005, through June 30, 2006,
2170	the rate of the service charge shall be 3.5 percent.
2171	(b)  Beginning July 1, 2006, and thereafter, no service
2172	charge shall be deducted from the proceeds of the local option
2173	fuel tax distributed under s. 336.025.
2174
2175	The increased revenues derived from this subsection shall be
2176	deposited in the State Transportation Trust Fund and used to
2177	fund the Transportation Incentive Program for a Sustainable
2178	Florida County Incentive Grant Program and the Small County
2179	Outreach Program. Up to 20 percent of such funds shall be used
2180	for the purpose of implementing the Small County Outreach
2181	Program created pursuant to s. 339.2818 as provided in this act.
2182	Notwithstanding any other laws to the contrary, the requirements
2183	of ss. 339.135, 339.155, and 339.175 shall not apply to these
2184	funds and programs.
2185	Section 13.  Section 339.28171, Florida Statutes, is
2186	created to read:
2187	339.28171  Transportation Incentive Program for a
2188	Sustainable Florida.--
2189	(1)  There is created within the Department of
2190	Transportation a Transportation Incentive Program for a
2191	Sustainable Florida, which may be cited as TRIP for a
2192	Sustainable Florida, for the purpose of providing grants to
2193	local governments to improve a transportation facility or system
2194	which addresses an identified concurrency management system
2195	backlog or relieve traffic congestion in urban infill and
2196	redevelopment areas. Bridge projects off of the State Highway
2197	System are eligible to receive funding from this program.
2198	(2)  To be eligible for consideration, projects must be
2199	consistent with local government comprehensive plans, the
2200	transportation improvement program of the applicable
2201	metropolitan organization, and the Strategic Intermodal System
2202	plan developed in accordance with s. 339.64.
2203	(3)  The funds shall be distributed by the department to
2204	each district in accordance with the statutory formula pursuant
2205	to s. 339.135(4). The district secretary shall use the following
2206	criteria to evaluate the project applications:
2207	(a)  The level of local government funding efforts.
2208	(b)  The level of local, regional, or private financial
2209	matching funds as a percentage of the overall project cost.
2210	(c)  The ability of local government to rapidly address
2211	project construction.
2212	(d)  The level of municipal and county agreement on the
2213	scope of the proposed project.
2214	(e)  Whether the project is located within and supports the
2215	objectives of an urban infill area, a community redevelopment
2216	area, an urban redevelopment area, or a concurrency management
2217	area.
2218	(f)  The extent to which the project would foster public-
2219	private partnerships and investment.
2220	(g)  The extent to which the project protects
2221	environmentally sensitive areas.
2222	(h)  The extent to which the project would support urban
2223	mobility, including public transit systems, the use of new
2224	technologies, and the provision of bicycle facilities or
2225	pedestrian pathways.
2226	(i)  The extent to which the project implements a regional
2227	transportation plan developed in accordance with s.
2228	339.155(2)(c), (d), and (e).
2229	(j)  Whether the project is subject to a local ordinance
2230	that establishes corridor management techniques, including
2231	access management strategies, right-of-way acquisition and
2232	protection measures, appropriate land use strategies, zoning,
2233	and setback requirements for adjacent land uses.
2234	(k)  Whether or not the local government has adopted a
2235	vision pursuant to s. 163.3167(11) either prior to or after the
2236	effective date of this act.
2237	(4)  As part of the project application, the local
2238	government shall demonstrate how the proposed project implements
2239	a capital improvement element and a long-term transportation
2240	concurrency system, if applicable, to address the existing
2241	capital improvement element backlogs.
2242	(5)  The percentage of matching funds available to
2243	applicants shall be based on the following:
2244	(a)  For projects that provide capacity on the Strategic
2245	Intermodal System, the percentage shall be 35 percent.
2246	(b)  For projects that provide capacity on regionally
2247	significant transportation facilities identified in s.
2248	339.155(2)(c), (d), and (e), the percentage shall be 50 percent
2249	or up to 50 percent of the nonfederal share of the eligible
2250	project costs for a public transportation facility project. For
2251	off-system bridges, the percentage match shall be 50 percent.
2252	Projects to be funded pursuant to this paragraph shall, at a
2253	minimum meet the following additional criteria:
2254	1.  Support those transportation facilities that serve
2255	national, statewide, or regional functions and function as an
2256	integrated regional transportation system.
2257	2.  Be identified in the capital improvements element of a
2258	comprehensive plan that has been determined to be in compliance
2259	with part II of chapter 163, after the effective date of this
2260	act, or to implement a long-term concurrency management system
2261	adopted a local government in accordance with s. 163.3177(9).
2262	3.  Provide connectivity to the Strategic Intermodal System
2263	designated pursuant to s. 339.64.
2264	4.  Support economic development and the movement of goods
2265	in areas of critical economic concern designated pursuant to s.
2266	288.0656(7).
2267	5.  Improve connectivity between military installations and
2268	the Strategic Highway Network or the Strategic Rail Corridor
2269	Network.
2270	6.  For off-system bridge projects to replace,
2271	rehabilitate, paint, or install scour countermeasures to highway
2272	bridges located on public roads, other than those on a federal-
2273	aid highway, such projects shall, at a minimum:
2274	a.  Be classified as a structurally deficient bridge with a
2275	poor condition rating for either the deck, superstructure, or
2276	substructure component, or culvert.
2277	b.  Have a sufficiency rating of 35 or below.
2278	c.  Have average daily traffic of at least 500 vehicles.
2279
2280	Special consideration shall be given to bridges that are closed
2281	to all traffic or that have a load restriction of less than 10
2282	tons.
2283	(c)  For local projects that demonstrate capacity
2284	improvements in the urban service boundary, urban infill, or
2285	urban redevelopment area or provide such capacity replacement to
2286	the Strategic Intermodal System or regionally significant
2287	facilities, the percentage shall be 65 percent.
2288	(6)  The department may administer contracts at the request
2289	of a local government selected to receive funding for a project
2290	under this section. All projects funded under this section shall
2291	be included in the department's work program developed pursuant
2292	to s. 339.135.
2293	Section 14.  Section 337.107, Florida Statutes, is amended
2294	to read:
2295	337.107  Contracts for right-of-way services.--The
2296	department may enter into contracts pursuant to s. 287.055 for
2297	right-of-way services on transportation corridors and
2298	transportation facilities, or the department may include right-
2299	of-way services as part of design-build contracts awarded under
2300	s. 337.11. Right-of-way services include negotiation and
2301	acquisition services, appraisal services, demolition and removal
2302	of improvements, and asbestos-abatement services.
2303	Section 15.  Effective July 1, 2007, section 337.107,
2304	Florida Statutes, as amended by this act is amended to read:
2305	337.107  Contracts for right-of-way services.--The
2306	department may enter into contracts pursuant to s. 287.055 for
2307	right-of-way services on transportation corridors and
2308	transportation facilities, or the department may include right-
2309	of-way services as part of design-build contracts awarded under
2310	s. 337.11. Right-of-way services include negotiation and
2311	acquisition services, appraisal services, demolition and removal
2312	of improvements, and asbestos-abatement services.
2313	Section 16.  Paragraph (a) of subsection (7) of section
2314	337.11, Florida Statutes, is amended to read:
2315	337.11  Contracting authority of department; bids;
2316	emergency repairs, supplemental agreements, and change orders;
2317	combined design and construction contracts; progress payments;
2318	records; requirements of vehicle registration.--
2319	(7)(a)  If the head of the department determines that it is
2320	in the best interests of the public, the department may combine
2321	the right-of-way services and  design and construction phases of
2322	any a building, a major bridge, a limited access facility, or a
2323	rail corridor project into a single contract, except for a
2324	resurfacing or minor bridge project, the right-of-way services
2325	and design and construction phases of which may be combined
2326	under s. 337.025. Such contract is referred to as a design-build
2327	contract. Design-build contracts may be advertised and awarded
2328	notwithstanding the requirements of paragraph (3)(c). However,
2329	construction activities may not begin on any portion of such
2330	projects until title to the necessary rights-of-way and
2331	easements for the construction of that portion of the project
2332	has vested in the state or a local governmental entity and all
2333	railroad crossing and utility agreements have been executed.
2334	Title to rights-of-way vests in the state when the title has
2335	been dedicated to the public or acquired by prescription.
2336	Section 17.  Effective July 1, 2007, paragraph (a) of
2337	subsection (7) of section 337.11, Florida Statutes, as amended
2338	by this act, is amended to read:
2339	337.11  Contracting authority of department; bids;
2340	emergency repairs, supplemental agreements, and change orders;
2341	combined design and construction contracts; progress payments;
2342	records; requirements of vehicle registration.--
2343	(7)(a)  If the head of the department determines that it is
2344	in the best interests of the public, the department may combine
2345	the right-of-way services and design and construction phases of
2346	a building, a major bridge, a limited access facility, or a rail
2347	corridor any project into a single contract, except for a
2348	resurfacing or minor bridge project, the right-of-way services
2349	and design and construction phase of which may be combined under
2350	s. 337.025. Such contract is referred to as a design-build
2351	contract. Design-build contracts may be advertised and awarded
2352	notwithstanding the requirements of paragraph (3)(c). However,
2353	construction activities may not begin on any portion of such
2354	projects  for which the department has not yet obtained title to
2355	the necessary rights-of-way and easements for the construction
2356	of that portion of the project has vested in the state or a
2357	local governmental entity and all railroad crossing and utility
2358	agreements have been executed. Title to rights-of-way shall be
2359	deemed to have vested in the state when the title has been
2360	dedicated to the public or acquired by prescription.
2361	Section 18.  Section 373.19615, Florida Statutes, is
2362	created to read:
2363	373.19615  Florida's Sustainable Water Supplies Program.--
2364	(1)  There is hereby created "Florida's Sustainable Water
2365	Supplies Program." The Legislature recognizes that alternative
2366	water supply projects are more expensive to develop compared to
2367	traditional water supply projects. As Florida's population
2368	continues to grow, the need for alternative water supplies is
2369	also growing as our groundwater supplies in portions of the
2370	state are decreasing. Beginning in fiscal year 2005-2006, the
2371	state shall annually appropriate $100 million for the purpose of
2372	providing funding assistance to local governments for the
2373	development of alternative water supply projects. At the
2374	beginning of each fiscal year, beginning with fiscal year 2005-
2375	2006, such revenues shall be distributed to the Department of
2376	Environmental Protection. The department shall then distribute
2377	the revenues into alternative water supply accounts created by
2378	the department for each district for the purpose of alternative
2379	water supply development under the following funding formula:
2380	1.  Forty percent to the South Florida Water Management
2381	District.
2382	2.  Twenty-five percent to the Southwest Florida Water
2383	Management District.
2384	3.  Twenty-five percent to the St. Johns River Water
2385	Management District.
2386	4.  Five percent to the Suwannee River Water Management
2387	District.
2388	5.  Five percent to the Northwest Florida Water Management
2389	District.
2390	(2)  For the purposes of this section, the following
2391	definitions shall apply:
2392	(a)  "Alternative water supplies" includes saltwater;
2393	brackish surface and groundwater; surface water captured
2394	predominantly during wet-weather flows; sources made available
2395	through the addition of new storage capacity for surface or
2396	groundwater; water that has been reclaimed after one or more
2397	public supply, municipal, industrial, commercial, or
2398	agricultural uses; stormwater; and any other water supply source
2399	that is designated as non-traditional for a water supply
2400	planning region in the applicable regional water supply plan
2401	developed under s. 373.0361.
2402	(b)  "Capital costs" means planning, design, engineering,
2403	and project construction costs.
2404	(c)  "Local government" means any municipality, county,
2405	special district, regional water supply authority, or
2406	multijurisdictional entity, or an agency thereof, or a
2407	combination of two or more of the foregoing acting jointly with
2408	an alternative water supply project.
2409	(3)  To be eligible for assistance in funding capital costs
2410	of alternative water supply projects under this program, the
2411	water management district governing board must select those
2412	alternative water supply projects that will receive financial
2413	assistance. The water management district governing board shall
2414	establish factors to determine project funding.
2415	(a)  Significant weight shall be given to the following
2416	factors:
2417	1.  Whether the project provides substantial environmental
2418	benefits by preventing or limiting adverse water resource
2419	impacts.
2420	2.  Whether the project reduces competition for water
2421	supplies.
2422	3.  Whether the project brings about replacement of
2423	traditional sources in order to help implement a minimum flow or
2424	level or a reservation.
2425	4.  Whether the project will be implemented by a
2426	consumptive use permittee that has achieved the targets
2427	contained in a goal-based water conservation program approved
2428	pursuant to s. 373.227.
2429	5.  The quantity of water supplied by the project as
2430	compared to its cost.
2431	6.  Projects in which the construction and delivery to end
2432	users of reuse water are major components.
2433	7.  Whether the project will be implemented by a
2434	multijurisdictional water supply entity or regional water supply
2435	authority.
2436	(b)  Additional factors to be considered in determining
2437	project funding shall include:
2438	1.  Whether the project is part of a plan to implement two
2439	or more alternative water supply projects, all of which will be
2440	operated to produce water at a uniform rate for the participants
2441	in a multijurisdictional water supply entity or regional water
2442	supply authority.
2443	2.  The percentage of project costs to be funded by the
2444	water supplier or water user.
2445	3.  Whether the project proposal includes sufficient
2446	preliminary planning and engineering to demonstrate that the
2447	project can reasonably be implemented within the timeframes
2448	provided in the regional water supply plan.
2449	4.  Whether the project is a subsequent phase of an
2450	alternative water supply project underway.
2451	5.  Whether and in what percentage a local government or
2452	local government utility is transferring water supply system
2453	revenues to the local government general fund in excess of
2454	reimbursements for services received from the general fund
2455	including direct and indirect costs and legitimate payments in
2456	lieu of taxes.
2457	(4)(a)  All projects submitted to the governing board for
2458	consideration shall reflect the total cost for implementation.
2459	The costs shall be segregated pursuant to the categories
2460	described in the definition of capital costs.
2461	(b)  Applicants for projects that receive funding
2462	assistance pursuant to this section shall be required to pay 33
2463	1/3 percent of the project's total capital costs.
2464	(c)  The water management district shall be required to pay
2465	33 1/3 percent of the project's total capital costs.
2466	(5)  After conducting one or more meetings to solicit
2467	public input on eligible projects for implementation of
2468	alternative water supply projects, the governing board of each
2469	water management district shall select projects for funding
2470	assistance based upon the above criteria. The governing board
2471	may select a project identified or listed as an alternative
2472	water supply development project in the regional water supply
2473	plan, or may select an alternative water supply projects not
2474	identified or listed in the regional water supply plan but which
2475	are consistent with the goals of the plans.
2476	(6)  Once an alternative water supply project is selected
2477	by the governing board, the applicant and the water management
2478	district must, in writing, each commit to a financial
2479	contribution of 33 1/3 percent of the project's total capital
2480	costs. The water management district shall then submit a request
2481	for distribution of revenues held by the department in the
2482	district's alternative water supply account. The request must
2483	include the amount of current and projected water demands within
2484	the water management district, the additional water made
2485	available by the project, the date the water will be made
2486	available, and the applicant's and water management district's
2487	financial commitment for the alternative water supply project.
2488	Upon receipt of a request from a water management district, the
2489	department shall determine whether the alternative water supply
2490	project meets the department's criteria for financial
2491	assistance. The department shall establish factors to determine
2492	whether state financial assistance for an alternative water
2493	supply project shall be granted.
2494	(a)  Significant weight shall be given to the following
2495	factors:
2496	1.  Whether the project provides substantial environmental
2497	benefits by preventing or limiting adverse water resource
2498	impacts.
2499	2.  Whether the project reduces competition for water
2500	supplies.
2501	3.  Whether the project brings about replacement of
2502	traditional sources in order to help implement a minimum flow or
2503	level or a reservation.
2504	4.  Whether the project will be implemented by a
2505	consumptive use permittee that has achieved the targets
2506	contained in a goal-based water conservation program approved
2507	pursuant to s. 373.227.
2508	5.  The quantity of water supplied by the project as
2509	compared to its cost.
2510	6.  Projects in which the construction and delivery to end
2511	users of reuse water are major components.
2512	7.  Whether the project will be implemented by a
2513	multijurisdictional water supply entity or regional water supply
2514	authority.
2515	(b)  Additional factors to be considered in determining
2516	project funding shall include:
2517	1.  Whether the project is part of a plan to implement two
2518	or more alternative water supply projects, all of which will be
2519	operated to produce water at a uniform rate for the participants
2520	in a multijurisdictional water supply entity or regional water
2521	supply authority.
2522	2.  The percentage of project costs to be funded by the
2523	water supplier or water user.
2524	3.  Whether the project proposal includes sufficient
2525	preliminary planning and engineering to demonstrate that the
2526	project can reasonably be implemented within the timeframes
2527	provided in the regional water supply plan.
2528	4.  Whether the project is a subsequent phase of an
2529	alternative water supply project underway.
2530	5.  Whether and in what percentage a local government or
2531	local government utility is transferring water supply system
2532	revenues to the local government general fund in excess of
2533	reimbursements for services received from the general fund
2534	including direct and indirect costs and legitimate payments in
2535	lieu of taxes.
2536
2537	If the department determines that the project should receive
2538	financial assistance, the department shall distribute to the
2539	water management district 33 1/3 percent of the total capital
2540	costs from the district's alternative water supply account.
2541	Section 19.  Section 373.19616, Florida Statutes, is
2542	created to read:
2543	373.19616  Water Transition Assistance Program.--
2544	(1)  The Legislature recognizes that as a result of
2545	Florida's increasing population, there are limited ground water
2546	resources in some portions of the state to serve increased water
2547	quantities demands. As a result, a transition from ground water
2548	supply to more expensive alternative water supply is necessary.
2549	The purpose of this section is to assist local governments by
2550	establishing a low-interest revolving loan program for
2551	infrastructure financing for alternative water supplies.
2552	(2)  For purposes of this section, the term:
2553	(a)  "Alternative water supplies" has the same meaning as
2554	provided in s. 373.19615(2).
2555	(b)  "Local government" has the same meaning as provided in
2556	s. 373.19615(2).
2557	(3)  The Department of Environmental Protection is
2558	authorized to make loans to local governments to assist them in
2559	planning, designing, and constructing alternative water supply
2560	projects. The department may provide loan guarantees, purchase
2561	loan insurance, and refinance local debt through issue of new
2562	loans for alternative water supply projects approved by the
2563	department. Local governments may borrow funds made available
2564	pursuant to this section and may pledge any revenues or other
2565	adequate security available to them to repay any funds borrowed.
2566	(4)  The term of loans made pursuant to this section shall
2567	not exceed 30 years. The interest rate on such loans shall be no
2568	greater than that paid on the last bonds sold pursuant to s. 14,
2569	Art. VII of the State Constitution.
2570	(5)  In order to ensure that public moneys are managed in
2571	an equitable and prudent manner, the total amount of money
2572	loaned to any local government during a fiscal year shall be no
2573	more than 25 percent of the total funds available for making
2574	loans during that year. The minimum amount of a loan shall be
2575	$75,000.
2576	(6)  The department may adopt rules that:
2577	(a)  Set forth a priority system for loans based on factors
2578	provided for in s. 373.19615(6)(a) and (b).
2579	(b)  Establish the requirements for the award and repayment
2580	of financial assistance.
2581	(c)  Require adequate security to ensure that each loan
2582	recipient can meet its loan payment requirements.
2583	(d)  Establish, at the department's discretion, a specific
2584	percentage of funding, not to exceed 20 percent, for financially
2585	disadvantaged communities for the development of alternative
2586	water supply projects. The department shall include within the
2587	rule a definition of the term "financially disadvantaged
2588	community," and the criteria for determining whether the project
2589	serves a financially disadvantaged community. Such criteria
2590	shall be based on the median household income of the service
2591	population or other reliably documented measures of
2592	disadvantaged status.
2593	(e)  Require each project receiving financial assistance to
2594	be cost-effective, environmentally sound, implementable, and
2595	self-supporting.
2596	(7)  The department shall prepare a report at the end of
2597	each fiscal year detailing the financial assistance provided
2598	under this section and outstanding loans.
2599	(8)  Prior to approval of a loan, the local government
2600	shall, at a minimum:
2601	(a)  Provide a repayment schedule.
2602	(b)  Submit evidence of the ability of the project proposed
2603	for financial assistance to be permitted and implemented.
2604	(c)  Submit plans and specifications, biddable contract
2605	documents, or other documentation of appropriate procurement of
2606	goods and services.
2607	(d)  Provide assurance that records will be kept using
2608	generally accepted accounting principles and that the department
2609	or its agent and the Auditor General will have access to all
2610	records pertaining to the loan.
2611	(9)  The department may conduct an audit of the loan
2612	project upon completion or may require that a separate project
2613	audit, prepared by an independent certified public accountant,
2614	be submitted.
2615	(10)  The department may require reasonable service fees on
2616	loans made to local governments to ensure that the program will
2617	be operated in perpetuity and to implement the purposes
2618	authorized under this section. Service fees shall not be more
2619	than 4 percent of the loan amount exclusive of the service fee.
2620	The fee revenues, and interest earnings thereon, shall be used
2621	exclusively to carry out the purposes of this section.
2622	(11)  All moneys available for financial assistance under
2623	this section shall be appropriated to the department exclusively
2624	to carry out this program. The principal and interest of all
2625	loans repaid and interest shall be used exclusively to carry out
2626	this section.
2627	(12)(a)  If a local government agency defaults under the
2628	terms of its loan agreement, the department shall certify the
2629	default to the Chief Financial Officer, shall forward the
2630	delinquent amount to the department from any unobligated funds
2631	due to the local government agency under any revenue-sharing or
2632	tax-sharing fund established by the state, except as otherwise
2633	provided by the State Constitution. Certification of delinquency
2634	shall not limit the department from pursuing other remedies
2635	available for default on a loan, including accelerating loan
2636	repayments, eliminating all or part of the interest rate subsidy
2637	on the loan, and court appointment of a receiver to manage
2638	alternative water supply project.
2639	(b)  The department may impose penalty for delinquent local
2640	payments in the amount of 6 percent of the amount due, in
2641	addition to charging the cost to handle and process the debt.
2642	Penalty interest shall accrue on any amount due and payable
2643	beginning on the 30th day following the date upon which payment
2644	is due.
2645	(13)  The department may terminate or rescind a financial
2646	assistance agreement when the local government fails to comply
2647	with the terms and conditions of the agreement.
2648	Section 20.  Paragraphs (l) and (m) are added to subsection
2649	(24) of section 380.06, Florida Statutes, to read:
2650	380.06  Developments of regional impact.--
2651	(24)  STATUTORY EXEMPTIONS.--
2652	(l)  Any proposed development or redevelopment within an
2653	area designated for:
2654	1.  Urban infill development as designated in the
2655	comprehensive plan;
2656	2.  Urban redevelopment as designated in the comprehensive
2657	plan;
2658	3.  Downtown revitalization as designated in the
2659	comprehensive plan; or
2660	4.  Urban infill and redevelopment under s. 163.2517 as
2661	designated in the comprehensive plan,
2662
2663	is exempt from the provisions of this section. However, a
2664	municipality with a population of 7,500 or fewer may adopt an
2665	ordinance imposing a fee upon an applicant for purposes of
2666	reimbursing the municipality for the reasonable costs that the
2667	municipality may incur in reviewing any project which is exempt
2668	under this subparagraph. The municipality may use all or part of
2669	this fee to employ professional expertise to ensure that the
2670	impacts of such projects are properly evaluated. Municipalities
2671	adopting such ordinances may not impose a fee on a project in
2672	excess of its actual out-of-pocket reasonable review costs. A
2673	copy of such ordinance shall be transmitted to the state land
2674	planning agency and the applicable regional planning council.
2675	(m)  Any proposed development within a rural land
2676	stewardship area created pursuant to s. 163.3177(11)(d) is
2677	exempt from the provisions of this section if the local
2678	government that has adopted the rural land stewardship area has
2679	entered into a binding agreement with jurisdictions that would
2680	be impacted and the Department of Transportation regarding the
2681	mitigation of impacts on state and regional transportation
2682	facilities and has adopted a proportionate-share methodology
2683	pursuant to s. 163.3180(16) and (17).
2684	Section 21.  Subsections (3), (7), and (8) of section
2685	1013.33, Florida Statutes, are amended to read:
2686	1013.33  Coordination of planning with local governing
2687	bodies.--
2688	(3)  At a minimum, the interlocal agreement must address
2689	interlocal-agreement requirements in s. 163.3180(13)(g), except
2690	for exempt local governments as provided in s. 163.3177(12), and
2691	must address the following issues:
2692	(a)  A process by which each local government and the
2693	district school board agree and base their plans on consistent
2694	projections of the amount, type, and distribution of population
2695	growth and student enrollment. The geographic distribution of
2696	jurisdiction-wide growth forecasts is a major objective of the
2697	process.
2698	(b)  A process to coordinate and share information relating
2699	to existing and planned public school facilities, including
2700	school renovations and closures, and local government plans for
2701	development and redevelopment.
2702	(c)  Participation by affected local governments with the
2703	district school board in the process of evaluating potential
2704	school closures, significant renovations to existing schools,
2705	and new school site selection before land acquisition. Local
2706	governments shall advise the district school board as to the
2707	consistency of the proposed closure, renovation, or new site
2708	with the local comprehensive plan, including appropriate
2709	circumstances and criteria under which a district school board
2710	may request an amendment to the comprehensive plan for school
2711	siting.
2712	(d)  A process for determining the need for and timing of
2713	onsite and offsite improvements to support new construction,
2714	proposed expansion, or redevelopment of existing schools. The
2715	process shall address identification of the party or parties
2716	responsible for the improvements.
2717	(e)  A process for the school board to inform the local
2718	government regarding the effect of comprehensive plan amendments
2719	on school capacity. The capacity reporting must be consistent
2720	with laws and rules regarding measurement of school facility
2721	capacity and must also identify how the district school board
2722	will meet the public school demand based on the facilities work
2723	program adopted pursuant to s. 1013.35.
2724	(f)  Participation of the local governments in the
2725	preparation of the annual update to the school board's 5-year
2726	district facilities work program and educational plant survey
2727	prepared pursuant to s. 1013.35.
2728	(g)  A process for determining where and how joint use of
2729	either school board or local government facilities can be shared
2730	for mutual benefit and efficiency.
2731	(h)  A procedure for the resolution of disputes between the
2732	district school board and local governments, which may include
2733	the dispute resolution processes contained in chapters 164 and
2734	186.
2735	(i)  An oversight process, including an opportunity for
2736	public participation, for the implementation of the interlocal
2737	agreement.
2738
2739	A signatory to the interlocal agreement may elect not to include
2740	a provision meeting the requirements of paragraph (e); however,
2741	such a decision may be made only after a public hearing on such
2742	election, which may include the public hearing in which a
2743	district school board or a local government adopts the
2744	interlocal agreement. An interlocal agreement entered into
2745	pursuant to this section must be consistent with the adopted
2746	comprehensive plan and land development regulations of any local
2747	government that is a signatory.
2748	(7)  Except as provided in subsection (8), municipalities
2749	meeting the exemption criteria in s. 163.3177(12) having no
2750	established need for a new facility and meeting the following
2751	criteria are exempt from the requirements of subsections (2),
2752	(3), and (4).:
2753	(a)  The municipality has no public schools located within
2754	its boundaries.
2755	(b)  The district school board's 5-year facilities work
2756	program and the long-term 10-year and 20-year work programs, as
2757	provided in s. 1013.35, demonstrate that no new school facility
2758	is needed in the municipality. In addition, the district school
2759	board must verify in writing that no new school facility will be
2760	needed in the municipality within the 5-year and 10-year
2761	timeframes.
2762	(8)  At the time of the evaluation and appraisal report,
2763	each exempt municipality shall assess the extent to which it
2764	continues to meet the criteria for exemption under s.
2765	163.3177(12) subsection (7). If the municipality continues to
2766	meet these criteria and the district school board verifies in
2767	writing that no new school facilities will be needed within the
2768	5-year and 10-year timeframes, the municipality shall continue
2769	to be exempt from the interlocal-agreement requirement. Each
2770	municipality exempt under s. 163.3177(12) subsection (7) must
2771	comply with the provisions of subsections (2)-(8) within 1 year
2772	after the district school board proposes, in its 5-year district
2773	facilities work program, a new school within the municipality's
2774	jurisdiction.
2775	Section 22.  Section 380.115, Florida Statutes, is amended
2776	to read:
2777	380.115  Vested rights and duties; effect of size
2778	reduction; changes in guidelines and standards chs. 2002-20 and
2779	2002-296.--
2780	(1)  A change in a development of regional impact guideline
2781	or standard does not abridge or modify Nothing contained in this
2782	act abridges or modifies any vested or other right or any duty
2783	or obligation pursuant to any development order or agreement
2784	that is applicable to a development of regional impact on the
2785	effective date of this act. A development that has received a
2786	development-of-regional-impact development order pursuant to s.
2787	380.06, but would is no longer be required to undergo
2788	development-of-regional-impact review by operation of a change
2789	in the guidelines and standards or has reduced its size below
2790	the thresholds in s. 380.0651 this act, shall be governed by the
2791	following procedures:
2792	(a)  The development shall continue to be governed by the
2793	development-of-regional-impact development order and may be
2794	completed in reliance upon and pursuant to the development order
2795	unless the developer or landowner has followed the procedures
2796	for rescission in paragraph (b). The development-of-regional-
2797	impact development order may be enforced by the local government
2798	as provided by ss. 380.06(17) and 380.11.
2799	(b)  If requested by the developer or landowner, the
2800	development-of-regional-impact development order shall may be
2801	rescinded by the local government with jurisdiction upon a
2802	showing by clear and convincing evidence that all required
2803	mitigation relating to the amount of development existing on the
2804	date of rescission has been completed abandoned pursuant to the
2805	process in s. 380.06(26).
2806	(2)  A development with an application for development
2807	approval pending, and determined sufficient pursuant to s.
2808	380.06(10), on the effective date of a change to the guidelines
2809	and standards this act, or a notification of proposed change
2810	pending on the effective date of a change to the guidelines and
2811	standards this act, may elect to continue such review pursuant
2812	to s. 380.06. At the conclusion of the pending review, including
2813	any appeals pursuant to s. 380.07, the resulting development
2814	order shall be governed by the provisions of subsection (1).
2815	(3)  A landowner that has filed an application for a
2816	development of regional impact review prior to the adoption of
2817	an optional sector plan pursuant to s. 163.3245 may elect to
2818	have the application reviewed pursuant to s. 380.06,
2819	comprehensive plan provisions in force prior to adoption of the
2820	sector plan and any requested comprehensive plan amendments that
2821	accompany the application.
2822	Section 23.  Subsection (1) of section 339.08, Florida
2823	Statutes, is amended to read:
2824	339.08  Use of moneys in State Transportation Trust Fund.--
2825	(1)  The department shall expend moneys in the State
2826	Transportation Trust Fund accruing to the department, in
2827	accordance with its annual budget. The use of such moneys shall
2828	be restricted to the following purposes:
2829	(a)  To pay administrative expenses of the department,
2830	including administrative expenses incurred by the several state
2831	transportation districts, but excluding administrative expenses
2832	of commuter rail authorities that do not operate rail service.
2833	(b)  To pay the cost of construction of the State Highway
2834	System.
2835	(c)  To pay the cost of maintaining the State Highway
2836	System.
2837	(d)  To pay the cost of public transportation projects in
2838	accordance with chapter 341 and ss. 332.003-332.007.
2839	(e)  To reimburse counties or municipalities for
2840	expenditures made on projects in the State Highway System as
2841	authorized by s. 339.12(4) upon legislative approval.
2842	(f)  To pay the cost of economic development transportation
2843	projects in accordance with s. 288.063.
2844	(g)  To lend or pay a portion of the operating,
2845	maintenance, and capital costs of a revenue-producing
2846	transportation project that is located on the State Highway
2847	System or that is demonstrated to relieve traffic congestion on
2848	the State Highway System.
2849	(h)  To match any federal-aid funds allocated for any other
2850	transportation purpose, including funds allocated to projects
2851	not located in the State Highway System.
2852	(i)  To pay the cost of county road projects selected in
2853	accordance with the Small County Road Assistance Program created
2854	in s. 339.2816.
2855	(j)  To pay the cost of county or municipal road projects
2856	selected in accordance with the County Incentive Grant Program
2857	created in s. 339.2817 and the Small County Outreach Program
2858	created in s. 339.2818.
2859	(k)  To provide loans and credit enhancements for use in
2860	constructing and improving highway transportation facilities
2861	selected in accordance with the state-funded infrastructure bank
2862	created in s. 339.55.
2863	(l)  To pay the cost of projects on the Florida Strategic
2864	Intermodal System created in s. 339.61.
2865	(m)  To pay the cost of transportation projects selected in
2866	accordance with the Transportation Incentive Program for a
2867	Sustainable Florida created in s. 339.28171.
2868	(n)(m)  To pay other lawful expenditures of the department.
2869	Section 24.  Paragraphs (c), (d), and (e) are added to
2870	subsection (5) of section 339.155, Florida Statutes, to read:
2871	339.155  Transportation planning.--
2872	(5)  ADDITIONAL TRANSPORTATION PLANS.--
2873	(c)  Regional transportation plans may be developed in
2874	regional transportation areas in accordance with an interlocal
2875	agreement entered into pursuant to s. 163.01 by the department
2876	and two or more contiguous metropolitan planning organizations;
2877	one or more metropolitan planning organizations and one or more
2878	contiguous counties, none of which is a member of a metropolitan
2879	planning organization; a multicounty regional transportation
2880	authority created by or pursuant to law; two or more contiguous
2881	counties that are not members of a metropolitan planning
2882	organization; or metropolitan planning organizations comprised
2883	of three or more counties.
2884	(d)  The department shall develop a model draft interlocal
2885	agreement that must, at a minimum, identify the entity that will
2886	coordinate the development of the regional transportation plan;
2887	delineate the boundaries of the regional transportation area;
2888	provide the duration of the agreement and specify how the
2889	agreement may be terminated, modified, or rescinded; describe
2890	the process by which the regional transportation plan will be
2891	developed; and provide how members of the entity will resolve
2892	disagreements regarding interpretation of the interlocal
2893	agreement or disputes relating to the development or content of
2894	the regional transportation plan. The designated entity shall
2895	coordinate the adoption of the interlocal agreement using as its
2896	framework the department model. The designated entity shall
2897	record the executed interlocal agreement in the official public
2898	records of each county in the regional transportation area once
2899	a supermajority of the affected local governments within the
2900	delineated regional transportation area approve the interlocal
2901	agreement. Such interlocal agreement shall become effective upon
2902	its recordation in the official public records of each county in
2903	the regional transportation area.
2904	(e)  The regional transportation plan developed pursuant to
2905	this section must, at a minimum, identify regionally significant
2906	transportation facilities located within a regional
2907	transportation area, and recommend a list of regionally
2908	significant projects to the department for prioritization. A
2909	project that is funded for construction within the Department of
2910	Transportation's 5-year work plan shall be adopted into the
2911	capital improvements schedule of the local government
2912	comprehensive plan pursuant to s. 163.3177(3).
2913	Section 25.  Section 339.175, Florida Statutes, is amended
2914	to read:
2915	339.175  Metropolitan planning organization.--It is the
2916	intent of the Legislature to encourage and promote the safe and
2917	efficient management, operation, and development of surface
2918	transportation systems that will serve the mobility needs of
2919	people and freight within and through urbanized areas of this
2920	state while minimizing transportation-related fuel consumption
2921	and air pollution. To accomplish these objectives, metropolitan
2922	planning organizations, referred to in this section as M.P.O.'s,
2923	shall develop, in cooperation with the state and public transit
2924	operators, transportation plans and programs for metropolitan
2925	areas. The plans and programs for each metropolitan area must
2926	provide for the development and integrated management and
2927	operation of transportation systems and facilities, including
2928	pedestrian walkways and bicycle transportation facilities that
2929	will function as an intermodal transportation system for the
2930	metropolitan area, based upon the prevailing principles provided
2931	in s. 334.046(1). The process for developing such plans and
2932	programs shall provide for consideration of all modes of
2933	transportation and shall be continuing, cooperative, and
2934	comprehensive, to the degree appropriate, based on the
2935	complexity of the transportation problems to be addressed. To
2936	ensure that the process is integrated with the statewide
2937	planning process, M.P.O.'s shall develop plans and programs that
2938	identify transportation facilities that should function as an
2939	integrated metropolitan transportation system, giving emphasis
2940	to facilities that serve important national, state, and regional
2941	transportation functions. For the purposes of this section,
2942	those facilities include the facilities on the Strategic
2943	Intermodal System designated under s. 339.63 and facilities for
2944	which projects have been identified pursuant to s. 339.28171.
2945	(1)  DESIGNATION.--
2946	(a)1.  An M.P.O. shall be designated for each urbanized
2947	area of the state; however, this does not require that an
2948	individual M.P.O. be designated for each such area.  Such
2949	designation shall be accomplished by agreement between the
2950	Governor and units of general-purpose local government
2951	representing at least 75 percent of the population of the
2952	urbanized area; however, the unit of general-purpose local
2953	government that represents the central city or cities within the
2954	M.P.O. jurisdiction, as defined by the United States Bureau of
2955	the Census, must be a party to such agreement.
2956	2.  More than one M.P.O. may be designated within an
2957	existing metropolitan planning area only if the Governor and the
2958	existing M.P.O. determine that the size and complexity of the
2959	existing metropolitan planning area makes the designation of
2960	more than one M.P.O. for the area appropriate.
2961	(b)  Each M.P.O. shall be created and operated under the
2962	provisions of this section pursuant to an interlocal agreement
2963	entered into pursuant to s. 163.01.  The signatories to the
2964	interlocal agreement shall be the department and the
2965	governmental entities designated by the Governor for membership
2966	on the M.P.O. If there is a conflict between this section and s.
2967	163.01, this section prevails.
2968	(c)  The jurisdictional boundaries of an M.P.O. shall be
2969	determined by agreement between the Governor and the applicable
2970	M.P.O.  The boundaries must include at least the metropolitan
2971	planning area, which is the existing urbanized area and the
2972	contiguous area expected to become urbanized within a 20-year
2973	forecast period, and may encompass the entire metropolitan
2974	statistical area or the consolidated metropolitan statistical
2975	area.
2976	(d)  In the case of an urbanized area designated as a
2977	nonattainment area for ozone or carbon monoxide under the Clean
2978	Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
2979	metropolitan planning area in existence as of the date of
2980	enactment of this paragraph shall be retained, except that the
2981	boundaries may be adjusted by agreement of the Governor and
2982	affected metropolitan planning organizations in the manner
2983	described in this section. If more than one M.P.O. has authority
2984	within a metropolitan area or an area that is designated as a
2985	nonattainment area, each M.P.O. shall consult with other
2986	M.P.O.'s designated for such area and with the state in the
2987	coordination of plans and programs required by this section.
2988
2989	Each M.P.O. required under this section must be fully operative
2990	no later than 6 months following its designation.
2991	(2)  VOTING MEMBERSHIP.--
2992	(a)  The voting membership of an M.P.O. shall consist of
2993	not fewer than 5 or more than 19 apportioned members, the exact
2994	number to be determined on an equitable geographic-population
2995	ratio basis by the Governor, based on an agreement among the
2996	affected units of general-purpose local government as required
2997	by federal rules and regulations. The Governor, in accordance
2998	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
2999	represent municipalities to alternate with representatives from
3000	other municipalities within the metropolitan planning area that
3001	do not have members on the M.P.O. County commission members
3002	shall compose not less than one-third of the M.P.O. membership,
3003	except for an M.P.O. with more than 15 members located in a
3004	county with a five-member county commission or an M.P.O. with 19
3005	members located in a county with no more than 6 county
3006	commissioners, in which case county commission members may
3007	compose less than one-third percent of the M.P.O. membership,
3008	but all county commissioners must be members. All voting members
3009	shall be elected officials of general-purpose governments,
3010	except that an M.P.O. may include, as part of its apportioned
3011	voting members, a member of a statutorily authorized planning
3012	board, an official of an agency that operates or administers a
3013	major mode of transportation, or an official of the Florida
3014	Space Authority. The county commission shall compose not less
3015	than 20 percent of the M.P.O. membership if an official of an
3016	agency that operates or administers a major mode of
3017	transportation has been appointed to an M.P.O.
3018	(b)  In metropolitan areas in which authorities or other
3019	agencies have been or may be created by law to perform
3020	transportation functions and are performing transportation
3021	functions that are not under the jurisdiction of a general
3022	purpose local government represented on the M.P.O., they shall
3023	be provided voting membership on the M.P.O. In all other
3024	M.P.O.'s where transportation authorities or agencies are to be
3025	represented by elected officials from general purpose local
3026	governments, the M.P.O. shall establish a process by which the
3027	collective interests of such authorities or other agencies are
3028	expressed and conveyed.
3029	(c)  Any other provision of this section to the contrary
3030	notwithstanding, a chartered county with over 1 million
3031	population may elect to reapportion the membership of an M.P.O.
3032	whose jurisdiction is wholly within the county. The charter
3033	county may exercise the provisions of this paragraph if:
3034	1.  The M.P.O. approves the reapportionment plan by a
3035	three-fourths vote of its membership;
3036	2.  The M.P.O. and the charter county determine that the
3037	reapportionment plan is needed to fulfill specific goals and
3038	policies applicable to that metropolitan planning area; and
3039	3.  The charter county determines the reapportionment plan
3040	otherwise complies with all federal requirements pertaining to
3041	M.P.O. membership.
3042
3043	Any charter county that elects to exercise the provisions of
3044	this paragraph shall notify the Governor in writing.
3045	(d)  Any other provision of this section to the contrary
3046	notwithstanding, any county chartered under s. 6(e), Art. VIII
3047	of the State Constitution may elect to have its county
3048	commission serve as the M.P.O., if the M.P.O. jurisdiction is
3049	wholly contained within the county.  Any charter county that
3050	elects to exercise the provisions of this paragraph shall so
3051	notify the Governor in writing.  Upon receipt of such
3052	notification, the Governor must designate the county commission
3053	as the M.P.O.  The Governor must appoint four additional voting
3054	members to the M.P.O., one of whom must be an elected official
3055	representing a municipality within the county, one of whom must
3056	be an expressway authority member, one of whom must be a person
3057	who does not hold elected public office and who resides in the
3058	unincorporated portion of the county, and one of whom must be a
3059	school board member.
3060	(3)  APPORTIONMENT.--
3061	(a)  The Governor shall, with the agreement of the affected
3062	units of general-purpose local government as required by federal
3063	rules and regulations, apportion the membership on the
3064	applicable M.P.O. among the various governmental entities within
3065	the area and shall prescribe a method for appointing alternate
3066	members who may vote at any M.P.O. meeting that an alternate
3067	member attends in place of a regular member.  An appointed
3068	alternate member must be an elected official serving the same
3069	governmental entity or a general-purpose local government with
3070	jurisdiction within all or part of the area that the regular
3071	member serves.  The governmental entity so designated shall
3072	appoint the appropriate number of members to the M.P.O. from
3073	eligible officials.  Representatives of the department shall
3074	serve as nonvoting members of the M.P.O.  Nonvoting advisers may
3075	be appointed by the M.P.O. as deemed necessary.  The Governor
3076	shall review the composition of the M.P.O. membership in
3077	conjunction with the decennial census as prepared by the United
3078	States Department of Commerce, Bureau of the Census, and
3079	reapportion it as necessary to comply with subsection (2).
3080	(b)  Except for members who represent municipalities on the
3081	basis of alternating with representatives from other
3082	municipalities that do not have members on the M.P.O. as
3083	provided in paragraph (2)(a), the members of an M.P.O. shall
3084	serve 4-year terms. Members who represent municipalities on the
3085	basis of alternating with representatives from other
3086	municipalities that do not have members on the M.P.O. as
3087	provided in paragraph (2)(a) may serve terms of up to 4 years as
3088	further provided in the interlocal agreement described in
3089	paragraph (1)(b). The membership of a member who is a public
3090	official automatically terminates upon the member's leaving his
3091	or her elective or appointive office for any reason, or may be
3092	terminated by a majority vote of the total membership of a
3093	county or city governing entity represented by the member.  A
3094	vacancy shall be filled by the original appointing entity.  A
3095	member may be reappointed for one or more additional 4-year
3096	terms.
3097	(c)  If a governmental entity fails to fill an assigned
3098	appointment to an M.P.O. within 60 days after notification by
3099	the Governor of its duty to appoint, that appointment shall be
3100	made by the Governor from the eligible representatives of that
3101	governmental entity.
3102	(4)  AUTHORITY AND RESPONSIBILITY.--The authority and
3103	responsibility of an M.P.O. is to manage a continuing,
3104	cooperative, and comprehensive transportation planning process
3105	that, based upon the prevailing principles provided in s.
3106	334.046(1), results in the development of plans and programs
3107	which are consistent, to the maximum extent feasible, with the
3108	approved local government comprehensive plans of the units of
3109	local government the boundaries of which are within the
3110	metropolitan area of the M.P.O.  An M.P.O. shall be the forum
3111	for cooperative decisionmaking by officials of the affected
3112	governmental entities in the development of the plans and
3113	programs required by subsections (5), (6), (7), and (8).
3114	(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
3115	privileges, and authority of an M.P.O. are those specified in
3116	this section or incorporated in an interlocal agreement
3117	authorized under s. 163.01.  Each M.P.O. shall perform all acts
3118	required by federal or state laws or rules, now and subsequently
3119	applicable, which are necessary to qualify for federal aid. It
3120	is the intent of this section that each M.P.O. shall be involved
3121	in the planning and programming of transportation facilities,
3122	including, but not limited to, airports, intercity and high-
3123	speed rail lines, seaports, and intermodal facilities, to the
3124	extent permitted by state or federal law.
3125	(a)  Each M.P.O. shall, in cooperation with the department,
3126	develop:
3127	1.  A long-range transportation plan pursuant to the
3128	requirements of subsection (6);
3129	2.  An annually updated transportation improvement program
3130	pursuant to the requirements of subsection (7); and
3131	3.  An annual unified planning work program pursuant to the
3132	requirements of subsection (8).
3133	(b)  In developing the long-range transportation plan and
3134	the transportation improvement program required under paragraph
3135	(a), each M.P.O. shall provide for consideration of projects and
3136	strategies that will:
3137	1.  Support the economic vitality of the metropolitan area,
3138	especially by enabling global competitiveness, productivity, and
3139	efficiency;
3140	2.  Increase the safety and security of the transportation
3141	system for motorized and nonmotorized users;
3142	3.  Increase the accessibility and mobility options
3143	available to people and for freight;
3144	4.  Protect and enhance the environment, promote energy
3145	conservation, and improve quality of life;
3146	5.  Enhance the integration and connectivity of the
3147	transportation system, across and between modes, for people and
3148	freight;
3149	6.  Promote efficient system management and operation; and
3150	7.  Emphasize the preservation of the existing
3151	transportation system.
3152	(c)  In order to provide recommendations to the department
3153	and local governmental entities regarding transportation plans
3154	and programs, each M.P.O. shall:
3155	1.  Prepare a congestion management system for the
3156	metropolitan area and cooperate with the department in the
3157	development of all other transportation management systems
3158	required by state or federal law;
3159	2.  Assist the department in mapping transportation
3160	planning boundaries required by state or federal law;
3161	3.  Assist the department in performing its duties relating
3162	to access management, functional classification of roads, and
3163	data collection;
3164	4.  Execute all agreements or certifications necessary to
3165	comply with applicable state or federal law;
3166	5.  Represent all the jurisdictional areas within the
3167	metropolitan area in the formulation of transportation plans and
3168	programs required by this section; and
3169	6.  Perform all other duties required by state or federal
3170	law.
3171	(d)  Each M.P.O. shall appoint a technical advisory
3172	committee that includes planners; engineers; representatives of
3173	local aviation authorities, port authorities, and public transit
3174	authorities or representatives of aviation departments, seaport
3175	departments, and public transit departments of municipal or
3176	county governments, as applicable; the school superintendent of
3177	each county within the jurisdiction of the M.P.O. or the
3178	superintendent's designee; and other appropriate representatives
3179	of affected local governments. In addition to any other duties
3180	assigned to it by the M.P.O. or by state or federal law, the
3181	technical advisory committee is responsible for considering safe
3182	access to schools in its review of transportation project
3183	priorities, long-range transportation plans, and transportation
3184	improvement programs, and shall advise the M.P.O. on such
3185	matters. In addition, the technical advisory committee shall
3186	coordinate its actions with local school boards and other local
3187	programs and organizations within the metropolitan area which
3188	participate in school safety activities, such as locally
3189	established community traffic safety teams. Local school boards
3190	must provide the appropriate M.P.O. with information concerning
3191	future school sites and in the coordination of transportation
3192	service.
3193	(e)1.  Each M.P.O. shall appoint a citizens' advisory
3194	committee, the members of which serve at the pleasure of the
3195	M.P.O. The membership on the citizens' advisory committee must
3196	reflect a broad cross section of local residents with an
3197	interest in the development of an efficient, safe, and cost-
3198	effective transportation system. Minorities, the elderly, and
3199	the handicapped must be adequately represented.
3200	2.  Notwithstanding the provisions of subparagraph 1., an
3201	M.P.O. may, with the approval of the department and the
3202	applicable federal governmental agency, adopt an alternative
3203	program or mechanism to ensure citizen involvement in the
3204	transportation planning process.
3205	(f)  The department shall allocate to each M.P.O., for the
3206	purpose of accomplishing its transportation planning and
3207	programming duties, an appropriate amount of federal
3208	transportation planning funds.
3209	(g)  Each M.P.O. may employ personnel or may enter into
3210	contracts with local or state agencies, private planning firms,
3211	or private engineering firms to accomplish its transportation
3212	planning and programming duties required by state or federal
3213	law.
3214	(h)  A chair's coordinating committee is created, composed
3215	of the M.P.O.'s serving Hernando, Hillsborough, Manatee, Pasco,
3216	Pinellas, Polk, and Sarasota Counties. The committee must, at a
3217	minimum:
3218	1.  Coordinate transportation projects deemed to be
3219	regionally significant by the committee.
3220	2.  Review the impact of regionally significant land use
3221	decisions on the region.
3222	3.  Review all proposed regionally significant
3223	transportation projects in the respective transportation
3224	improvement programs which affect more than one of the M.P.O.'s
3225	represented on the committee.
3226	4.  Institute a conflict resolution process to address any
3227	conflict that may arise in the planning and programming of such
3228	regionally significant projects.
3229	(i)1.  The Legislature finds that the state's rapid growth
3230	in recent decades has caused many urbanized areas subject to
3231	M.P.O. jurisdiction to become contiguous to each other. As a
3232	result, various transportation projects may cross from the
3233	jurisdiction of one M.P.O. into the jurisdiction of another
3234	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
3235	have been mandated, M.P.O.'s shall develop coordination
3236	mechanisms with one another to expand and improve transportation
3237	within the state. The appropriate method of coordination between
3238	M.P.O.'s shall vary depending upon the project involved and
3239	given local and regional needs. Consequently, it is appropriate
3240	to set forth a flexible methodology that can be used by M.P.O.'s
3241	to coordinate with other M.P.O.'s and appropriate political
3242	subdivisions as circumstances demand.
3243	2.  Any M.P.O. may join with any other M.P.O. or any
3244	individual political subdivision to coordinate activities or to
3245	achieve any federal or state transportation planning or
3246	development goals or purposes consistent with federal or state
3247	law. When an M.P.O. determines that it is appropriate to join
3248	with another M.P.O. or any political subdivision to coordinate
3249	activities, the M.P.O. or political subdivision shall enter into
3250	an interlocal agreement pursuant to s. 163.01, which, at a
3251	minimum, creates a separate legal or administrative entity to
3252	coordinate the transportation planning or development activities
3253	required to achieve the goal or purpose; provide the purpose for
3254	which the entity is created; provide the duration of the
3255	agreement and the entity, and specify how the agreement may be
3256	terminated, modified, or rescinded; describe the precise
3257	organization of the entity, including who has voting rights on
3258	the governing board, whether alternative voting members are
3259	provided for, how voting members are appointed, and what the
3260	relative voting strength is for each constituent M.P.O. or
3261	political subdivision; provide the manner in which the parties
3262	to the agreement will provide for the financial support of the
3263	entity and payment of costs and expenses of the entity; provide
3264	the manner in which funds may be paid to and disbursed from the
3265	entity; and provide how members of the entity will resolve
3266	disagreements regarding interpretation of the interlocal
3267	agreement or disputes relating to the operation of the entity.
3268	Such interlocal agreement shall become effective upon its
3269	recordation in the official public records of each county in
3270	which a member of the entity created by the interlocal agreement
3271	has a voting member. This paragraph does not require any
3272	M.P.O.'s to merge, combine, or otherwise join together as a
3273	single M.P.O.
3274	(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
3275	develop a long-range transportation plan that addresses at least
3276	a 20-year planning horizon. The plan must include both
3277	long-range and short-range strategies and must comply with all
3278	other state and federal requirements. The prevailing principles
3279	to be considered in the long-range transportation plan are:
3280	preserving the existing transportation infrastructure; enhancing
3281	Florida's economic competitiveness; and improving travel choices
3282	to ensure mobility. The long-range transportation plan must be
3283	consistent, to the maximum extent feasible, with future land use
3284	elements and the goals, objectives, and policies of the approved
3285	local government comprehensive plans of the units of local
3286	government located within the jurisdiction of the M.P.O. The
3287	approved long-range transportation plan must be considered by
3288	local governments in the development of the transportation
3289	elements in local government comprehensive plans and any
3290	amendments thereto. The long-range transportation plan must, at
3291	a minimum:
3292	(a)  Identify transportation facilities, including, but not
3293	limited to, major roadways, airports, seaports, spaceports,
3294	commuter rail systems, transit systems, and intermodal or
3295	multimodal terminals that will function as an integrated
3296	metropolitan transportation system.  The long-range
3297	transportation plan must give emphasis to those transportation
3298	facilities that serve national, statewide, or regional
3299	functions, and must consider the goals and objectives identified
3300	in the Florida Transportation Plan as provided in s. 339.155. If
3301	a project is located within the boundaries of more than one
3302	M.P.O., the M.P.O.'s must coordinate plans regarding the project
3303	in the long-range transportation plan.
3304	(b)  Include a financial plan that demonstrates how the
3305	plan can be implemented, indicating resources from public and
3306	private sources which are reasonably expected to be available to
3307	carry out the plan, and recommends any additional financing
3308	strategies for needed projects and programs. The financial plan
3309	may include, for illustrative purposes, additional projects that
3310	would be included in the adopted long-range transportation plan
3311	if reasonable additional resources beyond those identified in
3312	the financial plan were available. For the purpose of developing
3313	the long-range transportation plan, the M.P.O. and the
3314	department shall cooperatively develop estimates of funds that
3315	will be available to support the plan implementation. Innovative
3316	financing techniques may be used to fund needed projects and
3317	programs.  Such techniques may include the assessment of tolls,
3318	the use of value capture financing, or the use of value pricing.
3319	(c)  Assess capital investment and other measures necessary
3320	to:
3321	1.  Ensure the preservation of the existing metropolitan
3322	transportation system including requirements for the operation,
3323	resurfacing, restoration, and rehabilitation of major roadways
3324	and requirements for the operation, maintenance, modernization,
3325	and rehabilitation of public transportation facilities; and
3326	2.  Make the most efficient use of existing transportation
3327	facilities to relieve vehicular congestion and maximize the
3328	mobility of people and goods.
3329	(d)  Indicate, as appropriate, proposed transportation
3330	enhancement activities, including, but not limited to,
3331	pedestrian and bicycle facilities, scenic easements,
3332	landscaping, historic preservation, mitigation of water
3333	pollution due to highway runoff, and control of outdoor
3334	advertising.
3335	(e)  In addition to the requirements of paragraphs (a)-(d),
3336	in metropolitan areas that are classified as nonattainment areas
3337	for ozone or carbon monoxide, the M.P.O. must coordinate the
3338	development of the long-range transportation plan with the State
3339	Implementation Plan developed pursuant to the requirements of
3340	the federal Clean Air Act.
3341
3342	In the development of its long-range transportation plan, each
3343	M.P.O. must provide the public, affected public agencies,
3344	representatives of transportation agency employees, freight
3345	shippers, providers of freight transportation services, private
3346	providers of transportation, representatives of users of public
3347	transit, and other interested parties with a reasonable
3348	opportunity to comment on the long-range transportation plan.
3349	The long-range transportation plan must be approved by the
3350	M.P.O.
3351	(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
3352	shall, in cooperation with the state and affected public
3353	transportation operators, develop a transportation improvement
3354	program for the area within the jurisdiction of the M.P.O.  In
3355	the development of the transportation improvement program, each
3356	M.P.O. must provide the public, affected public agencies,
3357	representatives of transportation agency employees, freight
3358	shippers, providers of freight transportation services, private
3359	providers of transportation, representatives of users of public
3360	transit, and other interested parties with a reasonable
3361	opportunity to comment on the proposed transportation
3362	improvement program.
3363	(a)  Each M.P.O. is responsible for developing, annually, a
3364	list of project priorities and a transportation improvement
3365	program. The prevailing principles to be considered by each
3366	M.P.O. when developing a list of project priorities and a
3367	transportation improvement program are: preserving the existing
3368	transportation infrastructure; enhancing Florida's economic
3369	competitiveness; and improving travel choices to ensure
3370	mobility. The transportation improvement program will be used to
3371	initiate federally aided transportation facilities and
3372	improvements as well as other transportation facilities and
3373	improvements including transit, rail, aviation, spaceport, and
3374	port facilities to be funded from the State Transportation Trust
3375	Fund within its metropolitan area in accordance with existing
3376	and subsequent federal and state laws and rules and regulations
3377	related thereto. The transportation improvement program shall be
3378	consistent, to the maximum extent feasible, with the approved
3379	local government comprehensive plans of the units of local
3380	government whose boundaries are within the metropolitan area of
3381	the M.P.O. and include those projects programmed pursuant to s.
3382	339.28171.
3383	(b)  Each M.P.O. annually shall prepare a list of project
3384	priorities and shall submit the list to the appropriate district
3385	of the department by October 1 of each year; however, the
3386	department and a metropolitan planning organization may, in
3387	writing, agree to vary this submittal date. The list of project
3388	priorities must be formally reviewed by the technical and
3389	citizens' advisory committees, and approved by the M.P.O.,
3390	before it is transmitted to the district. The approved list of
3391	project priorities must be used by the district in developing
3392	the district work program and must be used by the M.P.O. in
3393	developing its transportation improvement program. The annual
3394	list of project priorities must be based upon project selection
3395	criteria that, at a minimum, consider the following:
3396	1.  The approved M.P.O. long-range transportation plan;
3397	2.  The Strategic Intermodal System Plan developed under s.
3398	339.64.
3399	3.  The priorities developed pursuant to s. 339.28171.
3400	4.3.  The results of the transportation management systems;
3401	and
3402	5.4.  The M.P.O.'s public-involvement procedures.
3403	(c)  The transportation improvement program must, at a
3404	minimum:
3405	1.  Include projects and project phases to be funded with
3406	state or federal funds within the time period of the
3407	transportation improvement program and which are recommended for
3408	advancement during the next fiscal year and 4 subsequent fiscal
3409	years.  Such projects and project phases must be consistent, to
3410	the maximum extent feasible, with the approved local government
3411	comprehensive plans of the units of local government located
3412	within the jurisdiction of the M.P.O.  For informational
3413	purposes, the transportation improvement program shall also
3414	include a list of projects to be funded from local or private
3415	revenues.
3416	2.  Include projects within the metropolitan area which are
3417	proposed for funding under 23 U.S.C. s. 134 of the Federal
3418	Transit Act and which are consistent with the long-range
3419	transportation plan developed under subsection (6).
3420	3.  Provide a financial plan that demonstrates how the
3421	transportation improvement program can be implemented; indicates
3422	the resources, both public and private, that are reasonably
3423	expected to be available to accomplish the program; identifies
3424	any innovative financing techniques that may be used to fund
3425	needed projects and programs; and may include, for illustrative
3426	purposes, additional projects that would be included in the
3427	approved transportation improvement program if reasonable
3428	additional resources beyond those identified in the financial
3429	plan were available. Innovative financing techniques may include
3430	the assessment of tolls, the use of value capture financing, or
3431	the use of value pricing.  The transportation improvement
3432	program may include a project or project phase only if full
3433	funding can reasonably be anticipated to be available for the
3434	project or project phase within the time period contemplated for
3435	completion of the project or project phase.
3436	4.  Group projects and project phases of similar urgency
3437	and anticipated staging into appropriate staging periods.
3438	5.  Indicate how the transportation improvement program
3439	relates to the long-range transportation plan developed under
3440	subsection (6), including providing examples of specific
3441	projects or project phases that further the goals and policies
3442	of the long-range transportation plan.
3443	6.  Indicate whether any project or project phase is
3444	inconsistent with an approved comprehensive plan of a unit of
3445	local government located within the jurisdiction of the M.P.O.
3446	If a project is inconsistent with an affected comprehensive
3447	plan, the M.P.O. must provide justification for including the
3448	project in the transportation improvement program.
3449	7.  Indicate how the improvements are consistent, to the
3450	maximum extent feasible, with affected seaport, airport, and
3451	spaceport master plans and with public transit development plans
3452	of the units of local government located within the jurisdiction
3453	of the M.P.O. If a project is located within the boundaries of
3454	more than one M.P.O., the M.P.O.'s must coordinate plans
3455	regarding the project in the transportation improvement program.
3456	(d)  Projects included in the transportation improvement
3457	program and that have advanced to the design stage of
3458	preliminary engineering may be removed from or rescheduled in a
3459	subsequent transportation improvement program only by the joint
3460	action of the M.P.O. and the department. Except when recommended
3461	in writing by the district secretary for good cause, any project
3462	removed from or rescheduled in a subsequent transportation
3463	improvement program shall not be rescheduled by the M.P.O. in
3464	that subsequent program earlier than the 5th year of such
3465	program.
3466	(e)  During the development of the transportation
3467	improvement program, the M.P.O. shall, in cooperation with the
3468	department and any affected public transit operation, provide
3469	citizens, affected public agencies, representatives of
3470	transportation agency employees, freight shippers, providers of
3471	freight transportation services, private providers of
3472	transportation, representatives of users of public transit, and
3473	other interested parties with reasonable notice of and an
3474	opportunity to comment on the proposed program.
3475	(f)  The adopted annual transportation improvement program
3476	for M.P.O.'s in nonattainment or maintenance areas must be
3477	submitted to the district secretary and the Department of
3478	Community Affairs at least 90 days before the submission of the
3479	state transportation improvement program by the department to
3480	the appropriate federal agencies. The annual transportation
3481	improvement program for M.P.O.'s in attainment areas must be
3482	submitted to the district secretary and the Department of
3483	Community Affairs at least 45 days before the department submits
3484	the state transportation improvement program to the appropriate
3485	federal agencies; however, the department, the Department of
3486	Community Affairs, and a metropolitan planning organization may,
3487	in writing, agree to vary this submittal date.  The Governor or
3488	the Governor's designee shall review and approve each
3489	transportation improvement program and any amendments thereto.
3490	(g)  The Department of Community Affairs shall review the
3491	annual transportation improvement program of each M.P.O. for
3492	consistency with the approved local government comprehensive
3493	plans of the units of local government whose boundaries are
3494	within the metropolitan area of each M.P.O. and shall identify
3495	those projects that are inconsistent with such comprehensive
3496	plans. The Department of Community Affairs shall notify an
3497	M.P.O. of any transportation projects contained in its
3498	transportation improvement program which are inconsistent with
3499	the approved local government comprehensive plans of the units
3500	of local government whose boundaries are within the metropolitan
3501	area of the M.P.O.
3502	(h)  The M.P.O. shall annually publish or otherwise make
3503	available for public review the annual listing of projects for
3504	which federal funds have been obligated in the preceding year.
3505	Project monitoring systems must be maintained by those agencies
3506	responsible for obligating federal funds and made accessible to
3507	the M.P.O.'s.
3508	(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
3509	develop, in cooperation with the department and public
3510	transportation providers, a unified planning work program that
3511	lists all planning tasks to be undertaken during the program
3512	year. The unified planning work program must provide a complete
3513	description of each planning task and an estimated budget
3514	therefor and must comply with applicable state and federal law.
3515	(9)  AGREEMENTS.--
3516	(a)  Each M.P.O. shall execute the following written
3517	agreements, which shall be reviewed, and updated as necessary,
3518	every 5 years:
3519	1.  An agreement with the department clearly establishing
3520	the cooperative relationship essential to accomplish the
3521	transportation planning requirements of state and federal law.
3522	2.  An agreement with the metropolitan and regional
3523	intergovernmental coordination and review agencies serving the
3524	metropolitan areas, specifying the means by which activities
3525	will be coordinated and how transportation planning and
3526	programming will be part of the comprehensive planned
3527	development of the area.
3528	3.  An agreement with operators of public transportation
3529	systems, including transit systems, commuter rail systems,
3530	airports, seaports, and spaceports, describing the means by
3531	which activities will be coordinated and specifying how public
3532	transit, commuter rail, aviation, seaport, and aerospace
3533	planning and programming will be part of the comprehensive
3534	planned development of the metropolitan area.
3535	(b)  An M.P.O. may execute other agreements required by
3536	state or federal law or as necessary to properly accomplish its
3537	functions.
3538	(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY
3539	COUNCIL.--
3540	(a)  A Metropolitan Planning Organization Advisory Council
3541	is created to augment, and not supplant, the role of the
3542	individual M.P.O.'s in the cooperative transportation planning
3543	process described in this section.
3544	(b)  The council shall consist of one representative from
3545	each M.P.O. and shall elect a chairperson annually from its
3546	number.  Each M.P.O. shall also elect an alternate
3547	representative from each M.P.O. to vote in the absence of the
3548	representative. Members of the council do not receive any
3549	compensation for their services, but may be reimbursed from
3550	funds made available to council members for travel and per diem
3551	expenses incurred in the performance of their council duties as
3552	provided in s. 112.061.
3553	(c)  The powers and duties of the Metropolitan Planning
3554	Organization Advisory Council are to:
3555	1.  Enter into contracts with individuals, private
3556	corporations, and public agencies.
3557	2.  Acquire, own, operate, maintain, sell, or lease
3558	personal property essential for the conduct of business.
3559	3.  Accept funds, grants, assistance, gifts, or bequests
3560	from private, local, state, or federal sources.
3561	4.  Establish bylaws and adopt rules pursuant to ss.
3562	120.536(1) and 120.54 to implement provisions of law conferring
3563	powers or duties upon it.
3564	5.  Assist M.P.O.'s in carrying out the urbanized area
3565	transportation planning process by serving as the principal
3566	forum for collective policy discussion pursuant to law.
3567	6.  Serve as a clearinghouse for review and comment by
3568	M.P.O.'s on the Florida Transportation Plan and on other issues
3569	required to comply with federal or state law in carrying out the
3570	urbanized area transportation and systematic planning processes
3571	instituted pursuant to s. 339.155.
3572	7.  Employ an executive director and such other staff as
3573	necessary to perform adequately the functions of the council,
3574	within budgetary limitations. The executive director and staff
3575	are exempt from part II of chapter 110 and serve at the
3576	direction and control of the council.  The council is assigned
3577	to the Office of the Secretary of the Department of
3578	Transportation for fiscal and accountability purposes, but it
3579	shall otherwise function independently of the control and
3580	direction of the department.
3581	8.  Adopt an agency strategic plan that provides the
3582	priority directions the agency will take to carry out its
3583	mission within the context of the state comprehensive plan and
3584	any other statutory mandates and directions given to the agency.
3585	(11)  APPLICATION OF FEDERAL LAW.--Upon notification by an
3586	agency of the Federal Government that any provision of this
3587	section conflicts with federal laws or regulations, such federal
3588	laws or regulations will take precedence to the extent of the
3589	conflict until such conflict is resolved.  The department or an
3590	M.P.O. may take any necessary action to comply with such federal
3591	laws and regulations or to continue to remain eligible to
3592	receive federal funds.
3593	Section 26.  Section 339.55, Florida Statutes, is amended
3594	to read:
3595	339.55  State-funded infrastructure bank.--
3596	(1)  There is created within the Department of
3597	Transportation a state-funded infrastructure bank for the
3598	purpose of providing loans and credit enhancements to government
3599	units and private entities for use in constructing and improving
3600	transportation facilities.
3601	(2)  The bank may lend capital costs or provide credit
3602	enhancements for:
3603	(a)  A transportation facility project that is on the State
3604	Highway System or that provides for increased mobility on the
3605	state's transportation system or provides intermodal
3606	connectivity with airports, seaports, rail facilities, and other
3607	transportation terminals, pursuant to s. 341.053, for the
3608	movement of people and goods.
3609	(b)  Projects of the Transportation Incentive Program for a
3610	Sustainable Florida which are identified pursuant to s.
3611	339.28171.
3612	(3)  Loans from the bank may be subordinated to senior
3613	project debt that has an investment grade rating of "BBB" or
3614	higher.
3615	(4)(3)  Loans from the bank may bear interest at or below
3616	market interest rates, as determined by the department.
3617	Repayment of any loan from the bank shall commence not later
3618	than 5 years after the project has been completed or, in the
3619	case of a highway project, the facility has opened to traffic,
3620	whichever is later, and shall be repaid in no more than 30
3621	years.
3622	(5)(4)  Except as provided in s. 339.137, To be eligible
3623	for consideration, projects must be consistent, to the maximum
3624	extent feasible, with local metropolitan planning organization
3625	plans and local government comprehensive plans and must provide
3626	a dedicated repayment source to ensure the loan is repaid to the
3627	bank.
3628	(6)  Funding awarded for projects under paragraph (2)(b)
3629	must be matched by a minimum of 25 percent from funds other than
3630	the state-funded infrastructure bank loan.
3631	(7)(5)  The department may consider, but is not limited to,
3632	the following criteria for evaluation of projects for assistance
3633	from the bank:
3634	(a)  The credit worthiness of the project.
3635	(b)  A demonstration that the project will encourage,
3636	enhance, or create economic benefits.
3637	(c)  The likelihood that assistance would enable the
3638	project to proceed at an earlier date than would otherwise be
3639	possible.
3640	(d)  The extent to which assistance would foster innovative
3641	public-private partnerships and attract private debt or equity
3642	investment.
3643	(e)  The extent to which the project would use new
3644	technologies, including intelligent transportation systems, that
3645	would enhance the efficient operation of the project.
3646	(f)  The extent to which the project would maintain or
3647	protect the environment.
3648	(g)  A demonstration that the project includes
3649	transportation benefits for improving intermodalism, cargo and
3650	freight movement, and safety.
3651	(h)  The amount of the proposed assistance as a percentage
3652	of the overall project costs with emphasis on local and private
3653	participation.
3654	(i)  The extent to which the project will provide for
3655	connectivity between the State Highway System and airports,
3656	seaports, rail facilities, and other transportation terminals
3657	and intermodal options pursuant to s. 341.053 for the increased
3658	accessibility and movement of people and goods.
3659	(8)(6)  Loan assistance provided by the bank shall be
3660	included in the department's work program developed in
3661	accordance with s. 339.135.
3662	(9)(7)  The department is authorized to adopt rules to
3663	implement the state-funded infrastructure bank.
3664	Section 27.  Subsection (2) of section 1013.64, Florida
3665	Statutes, is amended, and subsection (7) is added to said
3666	section, to read:
3667	1013.64  Funds for comprehensive educational plant needs;
3668	construction cost maximums for school district capital
3669	projects.--Allocations from the Public Education Capital Outlay
3670	and Debt Service Trust Fund to the various boards for capital
3671	outlay projects shall be determined as follows:
3672	(2)(a)  The department shall establish, as a part of the
3673	Public Education Capital Outlay and Debt Service Trust Fund, a
3674	separate account, in an amount determined by the Legislature, to
3675	be known as the "Special Facility Construction Account." The
3676	Special Facility Construction Account shall be used to provide
3677	necessary construction funds to school districts which have
3678	urgent construction needs but which lack sufficient resources at
3679	present, and cannot reasonably anticipate sufficient resources
3680	within the period of the next 3 years, for these purposes from
3681	currently authorized sources of capital outlay revenue. A school
3682	district requesting funding from the Special Facility
3683	Construction Account shall submit one specific construction
3684	project, not to exceed one complete educational plant, to the
3685	Special Facility Construction Committee. No district shall
3686	receive funding for more than one approved project in any 3-year
3687	period. The first year of the 3-year period shall be the first
3688	year a district receives an appropriation. The department shall
3689	encourage a construction program that reduces the average size
3690	of schools in the district. The request must meet the following
3691	criteria to be considered by the committee:
3692	1.  The project must be deemed a critical need and must be
3693	recommended for funding by the Special Facility Construction
3694	Committee. Prior to developing plans for the proposed facility,
3695	the district school board must request a preapplication review
3696	by the Special Facility Construction Committee or a project
3697	review subcommittee convened by the committee to include two
3698	representatives of the department and two staff from school
3699	districts not eligible to participate in the program. Within 60
3700	days after receiving the preapplication review request, the
3701	committee or subcommittee must meet in the school district to
3702	review the project proposal and existing facilities. To
3703	determine whether the proposed project is a critical need, the
3704	committee or subcommittee shall consider, at a minimum, the
3705	capacity of all existing facilities within the district as
3706	determined by the Florida Inventory of School Houses; the
3707	district's pattern of student growth; the district's existing
3708	and projected capital outlay full-time equivalent student
3709	enrollment as determined by the department; the district's
3710	existing satisfactory student stations; the use of all existing
3711	district property and facilities; grade level configurations;
3712	and any other information that may affect the need for the
3713	proposed project.
3714	2.  The construction project must be recommended in the
3715	most recent survey or surveys by the district under the rules of
3716	the State Board of Education.
3717	3.  The construction project must appear on the district's
3718	approved project priority list under the rules of the State
3719	Board of Education.
3720	4.  The district must have selected and had approved a site
3721	for the construction project in compliance with s. 1013.36 and
3722	the rules of the State Board of Education.
3723	5.  The district shall have developed a district school
3724	board adopted list of facilities that do not exceed the norm for
3725	net square feet occupancy requirements under the State
3726	Requirements for Educational Facilities, using all possible
3727	programmatic combinations for multiple use of space to obtain
3728	maximum daily use of all spaces within the facility under
3729	consideration.
3730	6.  Upon construction, the total cost per student station,
3731	including change orders, must not exceed the cost per student
3732	station as provided in subsection (6).
3733	7.  There shall be an agreement signed by the district
3734	school board stating that it will advertise for bids within 30
3735	days of receipt of its encumbrance authorization from the
3736	department.
3737	8.  The district shall, at the time of the request and for
3738	a continuing period of 3 years, levy the maximum millage against
3739	their nonexempt assessed property value as allowed in s.
3740	1011.71(2) or shall raise an equivalent amount of revenue from
3741	the school capital outlay surtax authorized under s. 212.055(6).
3742	Any district with a new or active project, funded under the
3743	provisions of this subsection, shall be required to budget no
3744	more than the value of 1.5 mills per year to the project to
3745	satisfy the annual participation requirement in the Special
3746	Facility Construction Account.
3747	9.  If a contract has not been signed 90 days after the
3748	advertising of bids, the funding for the specific project shall
3749	revert to the Special Facility New Construction Account to be
3750	reallocated to other projects on the list. However, an
3751	additional 90 days may be granted by the commissioner.
3752	10.  The department shall certify the inability of the
3753	district to fund the survey-recommended project over a
3754	continuous 3-year period using projected capital outlay revenue
3755	derived from s. 9(d), Art. XII of the State Constitution, as
3756	amended, paragraph (3)(a) of this section, and s. 1011.71(2).
3757	11.  The district shall have on file with the department an
3758	adopted resolution acknowledging its 3-year commitment of all
3759	unencumbered and future revenue acquired from s. 9(d), Art. XII
3760	of the State Constitution, as amended, paragraph (3)(a) of this
3761	section, and s. 1011.71(2).
3762	12.  Final phase III plans must be certified by the board
3763	as complete and in compliance with the building and life safety
3764	codes prior to August 1.
3765	(b)  The department shall establish, as a part of the
3766	Public Education Capital Outlay and Debt Service Trust Fund, a
3767	separate account, in an amount determined by the Legislature, to
3768	be known as the "High Growth County Facility Construction
3769	Account." The account shall be used to provide necessary
3770	construction funds to high growth school districts which have
3771	urgent construction needs, but which lack sufficient resources
3772	at present and cannot reasonably anticipate sufficient resources
3773	within the period of the next 3 years, for these purposes from
3774	currently authorized sources of capital outlay revenue and local
3775	sources. A school district requesting funding from the account
3776	shall submit one specific construction project, not to exceed
3777	one complete educational plant, to the Special Facility
3778	Construction Committee. No district shall receive funding for
3779	more than one approved project in any 2-year period, provided
3780	that any grants received under this paragraph must be fully
3781	expended in order for a district to apply for additional funding
3782	under this paragraph and all Classrooms First funds have been
3783	allocated and expended by the district. The first year of the 2-
3784	year period shall be the first year a district receives an
3785	appropriation. The request must meet the following criteria to
3786	be considered by the committee:
3787	1.  The project must be deemed a critical need and must be
3788	recommended for funding by the Special Facility Construction
3789	Committee. Prior to developing plans for the proposed facility,
3790	the district school board must request a preapplication review
3791	by the Special Facility Construction Committee or a project
3792	review subcommittee convened by the committee to include two
3793	representatives of the department and two staff from school
3794	districts not eligible to participate in the program. Within 60
3795	days after receiving the preapplication review request, the
3796	committee or subcommittee must meet in the school district to
3797	review the project proposal and existing facilities. To
3798	determine whether the proposed project is a critical need, the
3799	committee or subcommittee shall consider, at a minimum, the
3800	capacity of all existing facilities within the district as
3801	determined by the Florida Inventory of School Houses; the
3802	district's pattern of student growth with priority given to
3803	those districts that have equaled or exceeded twice the
3804	statewide average in growth in capital outlay full-time
3805	equivalent students over the previous 4 fiscal years; the
3806	district's existing and projected capital outlay full-time
3807	equivalent student enrollment as determined by the department
3808	with priority given to these districts with 20,000 or more
3809	capital outlay full-time equivalent students; the district's
3810	existing satisfactory student stations; the use of all existing
3811	district property and facilities; grade level configurations;
3812	and any other information that may affect the need for the
3813	proposed project.
3814	2.  The construction project must be recommended in the
3815	most recent survey or surveys by the district under the rules of
3816	the State Board of Education.
3817	3.  The construction project includes either a recreational
3818	facility or media center that will be jointly used with a local
3819	government.
3820	4.  The construction project must appear on the district's
3821	approved project priority list under the rules of the State
3822	Board of Education.
3823	5.  The district must have selected and had approved a site
3824	for the construction project in compliance with the interlocal
3825	agreement with the appropriate local government, s. 1013.36, and
3826	the rules of the State Board of Education.
3827	6.  The district shall have developed a district school
3828	board adopted list of facilities that do not exceed the norm for
3829	net square feet occupancy requirements under the state
3830	requirements for educational facilities, using all possible
3831	programmatic combinations for multiple use of space to obtain
3832	maximum daily use of all spaces within the facility under
3833	consideration.
3834	7.  Upon construction, the total cost per student station,
3835	including change orders, must not exceed the cost per student
3836	station as provided in subsection (6).
3837	8.  There shall be an agreement signed by the district
3838	school board stating that it will advertise for bids within 30
3839	days after receipt of its encumbrance authorization from the
3840	department.
3841	9.  If a contract has not been signed 90 days after the
3842	advertising of bids, the funding for the specific project shall
3843	revert to the Special Facility Construction Account to be
3844	reallocated to other projects on the list. However, an
3845	additional 90 days may be granted by the commissioner.
3846	10.  Final phase III plans must be certified by the board
3847	as complete and in compliance with the building and life safety
3848	codes prior to August 1.
3849	(c)(b)  The Special Facility Construction Committee shall
3850	be composed of the following: two representatives of the
3851	Department of Education, a representative from the Governor's
3852	office, a representative selected annually by the district
3853	school boards, and a representative selected annually by the
3854	superintendents.
3855	(d)(c)  The committee shall review the requests submitted
3856	from the districts, evaluate the ability of the project to
3857	relieve critical needs, and rank the requests in priority order.
3858	This statewide priority list for special facilities construction
3859	shall be submitted to the Legislature in the commissioner's
3860	annual capital outlay legislative budget request at least 45
3861	days prior to the legislative session. For the initial year of
3862	the funding of the program outlined in paragraph (b), the
3863	Special Facility Construction Committee shall authorize the
3864	disbursement of funds appropriated by the Legislature for the
3865	purposes of the program funded by the High Growth County
3866	Facility Construction Account created in paragraph (b).
3867	(7)  Moneys distributed to the Public Education Capital
3868	Outlay and Debt Service Trust Fund pursuant to s. 201.15(1)(d)
3869	shall be expended to fund the Classrooms for Kids Program
3870	created in s. 1013.735 and shall be distributed as provided by
3871	that section.
3872	Section 28.  Paragraph (a) of subsection (2) of section
3873	1013.65, Florida Statutes, is amended to read:
3874	1013.65  Educational and ancillary plant construction
3875	funds; Public Education Capital Outlay and Debt Service Trust
3876	Fund; allocation of funds.--
3877	(2)(a)  The Public Education Capital Outlay and Debt
3878	Service Trust Fund shall be comprised of the following sources,
3879	which are hereby appropriated to the trust fund:
3880	1.  Proceeds, premiums, and accrued interest from the sale
3881	of public education bonds and that portion of the revenues
3882	accruing from the gross receipts tax as provided by s. 9(a)(2),
3883	Art. XII of the State Constitution, as amended, interest on
3884	investments, and federal interest subsidies.
3885	2.  General revenue funds appropriated to the fund for
3886	educational capital outlay purposes.
3887	3.  All capital outlay funds previously appropriated and
3888	certified forward pursuant to s. 216.301.
3889	4.  Funds paid pursuant to s. 201.15(1)(d). Such funds
3890	shall be appropriated annually for expenditure to fund the
3891	Classrooms for Kids Program created in s. 1013.735 and shall be
3892	distributed as provided by that section.
3893	Section 29.  Subsection (1) of section 201.15, Florida
3894	Statutes, is amended to read:
3895	201.15  Distribution of taxes collected.--All taxes
3896	collected under this chapter shall be distributed as follows and
3897	shall be subject to the service charge imposed in s. 215.20(1),
3898	except that such service charge shall not be levied against any
3899	portion of taxes pledged to debt service on bonds to the extent
3900	that the amount of the service charge is required to pay any
3901	amounts relating to the bonds:
3902	(1)  Sixty-two and sixty-three hundredths percent of the
3903	remaining taxes collected under this chapter shall be used for
3904	the following purposes:
3905	(a)  Amounts as shall be necessary to pay the debt service
3906	on, or fund debt service reserve funds, rebate obligations, or
3907	other amounts payable with respect to Preservation 2000 bonds
3908	issued pursuant to s. 375.051 and Florida Forever bonds issued
3909	pursuant to s. 215.618, shall be paid into the State Treasury to
3910	the credit of the Land Acquisition Trust Fund to be used for
3911	such purposes. The amount transferred to the Land Acquisition
3912	Trust Fund for such purposes shall not exceed $300 million in
3913	fiscal year 1999-2000 and thereafter for Preservation 2000 bonds
3914	and bonds issued to refund Preservation 2000 bonds, and $300
3915	million in fiscal year 2000-2001 and thereafter for Florida
3916	Forever bonds. The annual amount transferred to the Land
3917	Acquisition Trust Fund for Florida Forever bonds shall not
3918	exceed $30 million in the first fiscal year in which bonds are
3919	issued. The limitation on the amount transferred shall be
3920	increased by an additional $30 million in each subsequent fiscal
3921	year, but shall not exceed a total of $300 million in any fiscal
3922	year for all bonds issued. It is the intent of the Legislature
3923	that all bonds issued to fund the Florida Forever Act be retired
3924	by December 31, 2030. Except for bonds issued to refund
3925	previously issued bonds, no series of bonds may be issued
3926	pursuant to this paragraph unless such bonds are approved and
3927	the debt service for the remainder of the fiscal year in which
3928	the bonds are issued is specifically appropriated in the General
3929	Appropriations Act. For purposes of refunding Preservation 2000
3930	bonds, amounts designated within this section for Preservation
3931	2000 and Florida Forever bonds may be transferred between the
3932	two programs to the extent provided for in the documents
3933	authorizing the issuance of the bonds. The Preservation 2000
3934	bonds and Florida Forever bonds shall be equally and ratably
3935	secured by moneys distributable to the Land Acquisition Trust
3936	Fund pursuant to this section, except to the extent specifically
3937	provided otherwise by the documents authorizing the issuance of
3938	the bonds. No moneys transferred to the Land Acquisition Trust
3939	Fund pursuant to this paragraph, or earnings thereon, shall be
3940	used or made available to pay debt service on the Save Our Coast
3941	revenue bonds.
3942	(b)  The remainder of the moneys distributed under this
3943	subsection, after the required payment under paragraph (a),
3944	shall be paid into the State Treasury to the credit of the Save
3945	Our Everglades Trust Fund in amounts necessary to pay debt
3946	service, provide reserves, and pay rebate obligations and other
3947	amounts due with respect to bonds issued under s. 215.619.
3948	(c)  The remainder of the moneys distributed under this
3949	subsection, after the required payments under paragraphs (a) and
3950	(b), shall be paid into the State Treasury to the credit of the
3951	Land Acquisition Trust Fund and may be used for any purpose for
3952	which funds deposited in the Land Acquisition Trust Fund may
3953	lawfully be used. Payments made under this paragraph shall
3954	continue until the cumulative amount credited to the Land
3955	Acquisition Trust Fund for the fiscal year under this paragraph
3956	and paragraph (2)(b) equals 70 percent of the current official
3957	forecast for distributions of taxes collected under this chapter
3958	pursuant to subsection (2). As used in this paragraph, the term
3959	"current official forecast" means the most recent forecast as
3960	determined by the Revenue Estimating Conference. If the current
3961	official forecast for a fiscal year changes after payments under
3962	this paragraph have ended during that fiscal year, no further
3963	payments are required under this paragraph during the fiscal
3964	year.
3965	(d)  The remainder of the moneys distributed under this
3966	subsection, after the required payments under paragraphs (a),
3967	(b), and (c), shall be paid into the State Treasury to the
3968	credit of:
3969	1.  The State Transportation Trust Fund in the Department
3970	of Transportation in the amount of $541.75 million in each
3971	fiscal year, to be paid in quarterly installments and allocated
3972	for the following specified purposes notwithstanding any other
3973	law to the contrary:
3974	a.  For the purposes of capital funding for the New Starts
3975	Transit Program, authorized by Title 49, U.S.C. 5309 and
3976	specified in s. 341.051, $50 million for fiscal year 2005-2006,
3977	$70 million for fiscal years 2006-2007 through 2008-2009, $75
3978	million for fiscal year 2009-2010 and each fiscal year
3979	thereafter;
3980	b.  For the purposes of the Small County Outreach Program
3981	specified in s. 339.2818, $30 million for fiscal years 2005-2006
3982	through 2006-2007 and $35 million for fiscal year 2007-2008 and
3983	each fiscal year thereafter;
3984	c.  For the purposes of the Strategic Intermodal System
3985	specified in ss. 339.61, 339.62, 339.63, and 339.64, all
3986	remaining funds after allocations pursuant to sub-subparagraphs
3987	a., b., and d.; and
3988	d.  For the purposes of the Transportation Incentive
3989	Program for a Sustainable Florida specified in s. 339.28171,
3990	$122 million for fiscal year 2005-2006, $85 million for fiscal
3991	year 2006-2007, $120 million for fiscal years 2007-2008 through
3992	2010-2011, and $115 million for fiscal year 2011-2012 and each
3993	fiscal year thereafter.
3994	2.  The Water Protection and Sustainability Program Trust
3995	Fund in the Department of Environmental Protection in the amount
3996	of $100 million in each fiscal year, to be paid in quarterly
3997	installments and used as required by s. 403.890.
3998	3.  The Public Education Capital Outlay and Debt Service
3999	Trust Fund in the Department of Education in the amount of $75
4000	million in each fiscal year, to be paid in monthly installments
4001	and used to fund the Classrooms for Kids Program created in s.
4002	1013.735. If required, new facilities constructed under the
4003	Classroom for Kids Program must meet the requirements of s.
4004	1013.372.
4005
4006	Moneys distributed pursuant to this paragraph may not be pledged
4007	for debt service unless such pledge is approved by referendum of
4008	the voters.
4009	(e)(d)  The remainder of the moneys distributed under this
4010	subsection, after the required payments under paragraphs (a),
4011	(b), and (c), and (d), shall be paid into the State Treasury to
4012	the credit of the General Revenue Fund of the state to be used
4013	and expended for the purposes for which the General Revenue Fund
4014	was created and exists by law or to the Ecosystem Management and
4015	Restoration Trust Fund or to the Marine Resources Conservation
4016	Trust Fund as provided in subsection (11).
4017	Section 30.  School Concurrency Task Force.-
4018	(1)  The School Concurrency Task Force is created to review
4019	the requirements for school concurrency in law and make
4020	recommendations regarding streamlining the process and
4021	procedures for establishing school concurrency. The task force
4022	shall also examine the methodology and processes used for the
4023	funding of construction of public schools and make
4024	recommendations on revisions to provisions of law and rules
4025	which will help ensure that schools are built and available when
4026	the expected demands of growth produce the need for new school
4027	facilities.
4028	(2)  The task force shall be composed of 11 members. The
4029	membership must represent local governments, school boards,
4030	developers and homebuilders, the business community, the
4031	agriculture community, the environmental community, and other
4032	appropriate stakeholders. The task force shall include two
4033	members appointed by the Governor, two members appointed by the
4034	President of the Senate, two members appointed by the Speaker of
4035	the House of Representatives, one member appointed by the
4036	Florida School Boards Association, one member appointed by the
4037	Florida Association of Counties, and one member appointed by the
4038	Florida League of Cities. The Secretary of the Department of
4039	Community Affairs, or a senior management designee, and the
4040	Commissioner of Education, or a senior management designee,
4041	shall also be ex officio nonvoting members on the task force.
4042	(3)  The task force shall report to the Governor, the
4043	President of the Senate, and the Speaker of the House of
4044	Representatives no later than December 1, 2005, with specific
4045	recommendations for revisions to provisions of law and rules.
4046	Section 31.  Florida Impact Fee Review Task Force.--
4047	(1)  The Legislature recognizes that impact fees have been
4048	an important source of revenues to local governments to fund new
4049	growth. Local governments have assumed this responsibility under
4050	their constitutional home rule authority. With the increased use
4051	of impact fees, questions have arisen about whether their use
4052	should be regulated by law.
4053	(2)  Effective upon this act becoming law, the Florida
4054	Impact Fee Review Task Force is created.
4055	(3)(a)  The task force is to be composed of 15 members, who
4056	shall be appointed within 30 days after the effective date of
4057	this section.
4058	1.  Five voting members selected by the President of the
4059	Senate and five voting members selected by the Speaker of the
4060	House of Representative, none of whom may be a member of the
4061	Legislature at the time of the appointment, as follows: one
4062	member of a county commission, one member of a city commission
4063	or council, one member of a local school board, one member of
4064	the development community, and one member of the homebuilding
4065	community. The Governor shall appoint two members, one of whom
4066	shall be an affordable housing advocate who shall have no
4067	current or past direct relationship to local government, school
4068	boards, or the development or homebuilding industries. The
4069	Governor shall designate one of his or her appointees as the
4070	chair.
4071	2.  One member of the Senate appointed by the President of
4072	the Senate, and one member of the House of Representatives
4073	appointed by the Speaker of the House of Representatives, who
4074	shall be ex officio, nonvoting members.
4075	3.  The Secretary of the Department of Community Affairs or
4076	his designee is to serve as an ex officio, nonvoting member.
4077	(4)(a)  The task force shall act as an advisory body to the
4078	Governor and the Legislature.
4079	(b)  The task force shall convene its initial meeting
4080	within 60 days after the effective date of this section and
4081	thereafter at the call of its chair.
4082	(c)  Task Force members shall not receive remuneration for
4083	their services, but are entitled to reimbursement by the
4084	Legislative Committee on Intergovernmental Relations for travel
4085	and per diem expenses in accordance with s. 112.061, Florida
4086	Statutes.
4087	(5)  The Task Force shall survey and review current use of
4088	impact fees as a method of financing local infrastructure to
4089	accommodate new growth and current case law controlling the use
4090	of impact fees. To the extent feasible, the review is to include
4091	consideration of the following:
4092	(a)  Local government criteria and methodology used for the
4093	determination of the amount of impact fees.
4094	(b)  Application and relative burden of impact fees in
4095	different areas of the state in relation to other methods of
4096	financing new infrastructure.
4097	(c)  The range of use of impact fees as a percentage of the
4098	total capital costs for infrastructure needs created by new
4099	development.
4100	(d)  The methods used by local governments for the
4101	accounting and reporting of the collection and expenditure of
4102	all impact fees.
4103	(e)  Notice provisions prior to adoption and the effective
4104	date of local ordinances creating a new impact fee or increasing
4105	an existing impact fee.
4106	(f)  Interlocal agreements between counties and cities to
4107	allocate impact fee proceeds between them.
4108	(g)  Requirements and options related to timing of impact
4109	fees payments.
4110	(h)  The importance of impact fees to the ability of local
4111	government to fund infrastructure needed to mitigate the impacts
4112	of development and meet statutory requirements for concurrency.
4113	(i)  Methods used by local governments to ameliorate the
4114	effect of impact fee costs on affordable housing.
4115	(6)  The task force shall report to the Governor, the
4116	President of the Senate, and the Speaker of the House of
4117	Representatives by February 1, 2006. The report shall include
4118	the task force's recommendations regarding:
4119	(a)  Whether there is a need for statutory direction on the
4120	methodology and data used to calculate impact fees.
4121	(b)  Whether there should be statutory direction on
4122	payment, exemption, or waiver of impact fees for affordable
4123	housing.
4124	(c)  Whether there should be statutory direction on the
4125	accounting and reporting of the collection and expenditure of
4126	all impact fees.
4127	(d)  Whether there is a need for statutory direction on the
4128	notice given in advance of the effective date of a new or
4129	amended impact fee ordinance.
4130	(e)  Whether there is a need for statutory direction on the
4131	sharing of impact fees between counties and cities.
4132	(f)  Whether there is a need for statutory direction on the
4133	timing of payment of impact fees.
4134	(g)  Any other recommendation the Task Force deems
4135	appropriate.
4136
4137	If the task force makes a recommendation for statutory
4138	direction, the report shall also contain the task force's
4139	recommendation for statutory changes.
4140	(7)  The Legislative Committee on Intergovernmental
4141	Relations shall serve as staff to the task force and is
4142	authorized to employ technical support and expend funds
4143	appropriated to the committee for carrying out the official
4144	duties of the task force. All state agencies are directed to
4145	cooperate with and assist the task force to the fullest extent
4146	possible. All local governments are encouraged to assist and
4147	cooperate with the commission as necessary.
4148	(8)  Effective July 1, 2005, the sum of $50,000 is
4149	appropriated, for fiscal year 2005-2006 only, from the
4150	Department of Community Affairs' Grants and Donations Trust Fund
4151	to the Legislative Committee on Intergovernmental Relations to
4152	fund the per diem and travel expenses of the task force pursuant
4153	to s. 112.061, Florida Statutes.
4154	Section 32.  Funding for Sustainable Schools.--In order to
4155	provide for innovative approaches to meet school capacity
4156	demands, effective July 1, 2005, the sum of $30 million from
4157	recurring funds in the Public Education Capital Outlay and Debt
4158	Service Trust Fund shall be transferred annually from the Public
4159	Education Capital Outlay and Debt Service Trust Fund to the High
4160	Growth County Facility Construction Account.
4161	Section 33.  (1)  The following appropriations are made for
4162	the 2005-2006 fiscal year only from the General Revenue Fund,
4163	from revenues deposited into the fund pursuant to section
4164	201.15(1)(e), Florida Statutes, on a nonrecurring basis and in
4165	quarterly installments:
4166	(a)  To the State Transportation Trust Fund in the
4167	Department of Transportation, $576.25 million.
4168	(b)  To the Water Protection and Sustainability Program
4169	Trust Fund in the Department of Environmental Protection, $100
4170	million.
4171	(c)  To the Public Education Capital Outlay and Debt
4172	Service Trust Fund in the Department of Education, $73.75
4173	million.
4174	(2)  The following appropriations are made for the 2005-
4175	2006 fiscal year only on a nonrecurring basis:
4176	(a)  From the State Transportation Trust Fund in the
4177	Department of Transportation:
4178	1.  The sum of $201.25 million for the purposes specified
4179	in sections 339.61, 339.62, 339.63, and 339.64, Florida
4180	Statutes.
4181	2.  The sum of $275 million for the purposes specified in
4182	section 339.28171, Florida Statutes.
4183	3.  The sum of $100 million for the purposes specified in
4184	section 339.55, Florida Statutes.
4185	(b)  From the Water Protection and Sustainability Program
4186	Trust Fund in the Department of Environmental Protection, $100
4187	million for the purposes specified in section 403.890, Florida
4188	Statutes.
4189	(c)  From the Public Education Capital Outlay and Debt
4190	Service Trust Fund in the Department of Education, the sum of
4191	$73.75 million for the purpose of funding the Classrooms for
4192	Kids Program created in section 1013.735, Florida Statutes.
4193	Notwithstanding the requirements of sections 1013.64 and
4194	1013.65, Florida Statutes, these moneys may not be distributed
4195	as part of the comprehensive plan for the Public Education
4196	Capital Outlay and Debt Service Trust Fund. If required, new
4197	facilities constructed under the Classroom for Kids Program must
4198	meet the requirements of s. 1013.372.
4199	Section 34.  Statewide Technical Assistance for a
4200	Sustainable Florida.--In order to assist local governments and
4201	school boards to implement the provisions of this act, effective
4202	July 1, 2005, the sum of $2.95 million for fiscal year 2005-2006
4203	only, and $3 million is appropriated for each fiscal year
4204	therafter, from recurring general revenue to the Department of
4205	Community Affairs' Grants and Donations Trust Fund. The
4206	department shall provide a report to the Governor, the President
4207	of the Senate, and the Speaker of the House of Representatives
4208	by February 1, 2006, on the progress made toward implementing
4209	this act and a recommendation of whether additional funds should
4210	be appropriated to provide additional technical assistance to
4211	implement this act.
4212	Section 35.  Effective July 1, 2005, the sum of $250,000 is
4213	appropriated from recurring general revenue to the Department of
4214	Community Affairs to provide the necessary staff and other
4215	assistance to the Century Commission for a Sustainable Florida
4216	required by section 11.
4217	Section 36.  Beginning in fiscal year 2005-2006, the
4218	Department of Transportation shall allocate sufficient funds to
4219	implement the provisions relating to transportation in this act.
4220	The department shall amend the tentative work program for 2005-
4221	2006. Before amending the tentative work program, the department
4222	shall submit a budget amendment pursuant to section 339.135(7),
4223	Florida Statutes. The department shall provide a report to the
4224	President of the Senate and the Speaker of the House of
4225	Representative by February 1, 2006, identifying the program
4226	adjustments the department has made consistent with the
4227	provisions of the Sustainable Florida Transportation Program.
4228	Notwithstanding the provisions of section 216.301(1), Florida
4229	Statutes, the funds appropriated from general revenue to the
4230	State Transportation Trust Fund in this act shall not revert at
4231	the end of fiscal year 2005-2006.
4232	Section 37.  The Legislature finds that planning for and
4233	adequately funding infrastructure is critically important for
4234	the safety and welfare of the residents of Florida. Therefore,
4235	the Legislature finds that the provisions of this act fulfill an
4236	important state interest.
4237	Section 38.  Unless the developer elects otherwise in
4238	writing, the provisions of this act amending chapters 163 and
4239	380, Florida Statutes, shall not apply to any developments of
4240	regional impact for which a development order has been issued
4241	prior to the effective date of this act or for which a
4242	development of regional impact application has been submitted
4243	prior to May 1, 2005.
4244	Section 39.  The Department of Community Affairs shall
4245	conduct a study to determine:
4246	(1)  Which counties have off-site environmental mitigation
4247	programs or ordinances and which counties do not.
4248	(2)  What types of off-site environmental mitigation
4249	programs have been adopted.
4250	(3)  How much in additional environmental preservation
4251	funds are generated through county off-site environmental
4252	mitigation ordinances or programs.
4253	(4)  Whether the acquisition of environmentally sensitive
4254	lands is slowed or impeded in counties that do not have off-site
4255	mitigation ordinances or plans.
4256
4257	The department shall prepare a report containing the results of
4258	the study and shall provide a copy of the report to President of
4259	the Senate and the Speaker of the House of Representatives on or
4260	before November 1, 2005.
4261	Section 40.  If any provision of this act or its
4262	application to any person or circumstance is held invalid, the
4263	invalidity does not affect other provisions or applications of
4264	the act which can be given effect without the invalid provision
4265	or application, and to this end the provisions of this act are
4266	severable.
4267	Section 41.  Except as otherwise expressly provided in this
4268	act, this act shall take effect July 1, 2005.
4269
4270	================= T I T L E  A M E N D M E N T =================
4271	Remove the entire title and insert:
4272	A bill to be entitled
4273	An act relating to infrastructure planning and funding;
4274	amending s. 163.3164, F.S.; defining the term "financial
4275	feasibility"; amending s. 163.3177, F.S.; revising
4276	requirements for the capital improvements element of a
4277	comprehensive plan; requiring a schedule of capital
4278	improvements; providing a deadline for certain amendments;
4279	providing an exception; providing for sanctions; requiring
4280	incorporation of selected water supply projects in the
4281	comprehensive plan; authorizing planning for
4282	multijurisdictional water supply facilities; providing
4283	requirements for counties and municipalities with respect
4284	to the public school facilities element; revising
4285	requirements for rural land stewardship areas; exempting
4286	rural land stewardship areas from developments of regional
4287	impact provisions; requiring an interlocal agreement;
4288	providing for a waiver under certain circumstances;
4289	exempting certain municipalities from such requirements;
4290	requiring that the state land planning agency establish a
4291	schedule for adopting and updating the public school
4292	facilities element; encouraging local governments to
4293	include a community vision and an urban service boundary
4294	as a component of their comprehensive plans; providing
4295	requirements; repealing s. 163.31776, F.S., relating to
4296	the public educational facilities element; repealing s.
4297	339.2817, F.S., relating to the County Incentive Grant
4298	Program; amending s. 163.31777, F.S.; revising the
4299	requirements for the public schools interlocal agreement
4300	to conform to changes made by the act; requiring the
4301	school board to provide certain information to the local
4302	government; amending s. 163.3180, F.S.; revising
4303	requirements for concurrency; providing for schools to be
4304	subject to concurrency requirements; requiring that an
4305	adequate water supply be available for new development;
4306	revising requirements for transportation facilities;
4307	requiring that the Department of Transportation be
4308	consulted regarding certain level-of-service standards;
4309	revising criteria and providing guidelines for
4310	transportation concurrency exception areas; requiring a
4311	local government to consider the transportation level-of-
4312	service standards of adjacent jurisdictions for certain
4313	roads; providing criteria for urban infill and
4314	redevelopment; providing for waiver of certain
4315	transportation facilities concurrency requirements under
4316	certain circumstances; revising the requirements for a
4317	long-term transportation concurrency management system;
4318	providing for a long-term school concurrency management
4319	system; requiring that school concurrency be established
4320	on less than a districtwide basis within 5 years;
4321	providing certain exceptions; authorizing a local
4322	government to approve a development order if the developer
4323	executes a commitment to mitigate the impacts on public
4324	school facilities; providing for the adoption of a
4325	transportation concurrency management system by ordinance;
4326	providing requirements for proportionate-share mitigation;
4327	amending s. 163.3184, F.S.; correcting cross references;
4328	authorizing instead of requiring the state land planning
4329	agency to review plan amendments; amending s. 163.3187,
4330	F.S.; providing additional criteria for small scale
4331	amendments to adopted comprehensive plans; providing an
4332	additional exception to a limitation on amending an
4333	adopted comprehensive plan by certain municipalities;
4334	providing procedures and requirements; providing for
4335	notice and public hearings; correcting a cross reference;
4336	providing for nonapplication; amending s. 163.3191, F.S.;
4337	providing additional requirements for the evaluation and
4338	assessment of the comprehensive plan for counties and
4339	municipalities that do not have a public schools
4340	interlocal agreement; revising requirements for the
4341	evaluation and appraisal report; providing time limit for
4342	amendments relating to the report; amending s. 339.135,
4343	F.S., relating to tentative work programs of the
4344	Department of Transportation; conforming provisions to
4345	changes made by the act; requiring the Office of Program
4346	Policy Analysis and Government Accountability to perform a
4347	study of the boundaries of specified state entities;
4348	requiring a report to the Legislature; creating s.
4349	163.3247, F.S.; providing a popular name; providing
4350	legislative findings and intent; creating the Century
4351	Commission for a Sustainable Florida for certain purposes;
4352	providing for appointment of commission members; providing
4353	for terms; providing for meetings and votes of members;
4354	requiring members to serve without compensation; providing
4355	for per diem and travel expenses; providing powers and
4356	duties of the commission; requiring the creation of a
4357	joint select committee of the Legislature; providing
4358	purposes; requiring the Secretary of Community Affairs to
4359	select an executive director of the commission; requiring
4360	the Department of Community Affairs to provide staff for
4361	the commission; providing for other agency staff support
4362	for the commission; amending s. 215.211, F.S.; providing
4363	for deposit of certain service charge revenues into the
4364	State Transportation Trust Fund to be used for certain
4365	purposes; creating s. 339.28171, F.S.; creating the
4366	Transportation Incentive Program for a Sustainable
4367	Florida; providing program requirements; requiring the
4368	Department of Transportation to develop criteria to assist
4369	local governments in evaluating concurrency management
4370	system backlogs; specifying criteria requirements;
4371	providing requirements for local governments; specifying
4372	percentages and requirements for apportioning matching
4373	funds among grant applicants; authorizing the department
4374	to administer contracts as requested by local governments;
4375	amending s. 337.107, F.S.; allowing the inclusion of
4376	right-of-way services in certain design-build contracts;
4377	amending s. 337.107, F.S., effective July 1, 2007;
4378	eliminating the inclusion of right-of-way services and as
4379	part of design-build contracts under certain
4380	circumstances; amending s. 337.11, F.S.; allowing the
4381	Department of Transportation to include right-of-way
4382	services and design and construction into a single
4383	contract; providing an exception; delaying construction
4384	activities in certain circumstances; amending s. 337.11,
4385	F.S., effective July 1, 2007; deleting language allowing
4386	right-of-way services and design and construction phases
4387	to be combined for certain projects; deleting an
4388	exception; creating s. 373.19615, F.S.; creating the
4389	Florida's Sustainable Water Supplies Program; providing
4390	funding requirements for local government development of
4391	alternative water supply projects; providing for
4392	allocation of funds to water management districts;
4393	providing definitions; specifying factors to consider in
4394	funding certain projects; providing funding requirements;
4395	requiring the Department of Environmental Protection to
4396	establish factors for granting financial assistance to
4397	eligible projects; creating s. 373.19616, F.S.; creating
4398	the Water Transition Assistance Program to establish a
4399	low-interest revolving loan program for infrastructure
4400	financing for alternative water supplies; providing
4401	legislative declarations; providing definitions;
4402	authorizing the Department of Environmental Protection to
4403	make loans to local governments for certain purposes;
4404	authorizing local governments to borrow funds and pledge
4405	revenues for repayment; providing loan limitations;
4406	authorizing the department to adopt certain rules;
4407	requiring the department to prepare an annual report on
4408	such financial assistance; providing loan approval
4409	requirements for local governments; authorizing the
4410	department to conduct or require audits; authorizing the
4411	department to require reasonable loan service fees;
4412	providing limitations; providing requirements for
4413	financial assistance funding; providing for enforcement of
4414	loan defaults; authorizing the department to impose
4415	penalties for delinquent loan payments; authorizing the
4416	department to terminate financial assistance agreements
4417	under certain circumstances; amending s. 380.06, F.S.;
4418	providing additional exemptions from development of
4419	regional impact provisions for certain projects in
4420	proposed developments or redevelopments within an area
4421	designated in a comprehensive plan and for proposed
4422	developments within certain rural land stewardship areas;
4423	authorizing certain municipalities to adopt an ordinance
4424	imposing a fee on certain applicants for certain purposes;
4425	specifying fee uses; providing a limitation; amending s.
4426	1013.33, F.S.; conforming provisions to changes made by
4427	the act; amending s. 339.08, F.S.; providing for
4428	expenditure of moneys in the State Transportation Trust
4429	Fund; amending s. 339.155, F.S.; providing for the
4430	development of regional transportation plans in Regional
4431	Transportation Areas; amending s. 339.175, F.S.; making
4432	conforming changes to provisions of the act; amending s.
4433	339.55, F.S.; providing for loans for certain projects
4434	from the state-funded infrastructure bank within the
4435	Department of Transportation; amending s. 1013.64, F.S.;
4436	requiring the Department of Education to establish the
4437	High Growth County Facility Construction Account as a
4438	separate account within the Public Education Capital
4439	Outlay and Debt Service Trust Fund for certain purposes;
4440	specifying requirements for funding from the account;
4441	providing for the expenditure of funds in the Public
4442	Education Capital Outlay and Debt Service Trust Fund;
4443	amending s. 1013.65, F.S.; providing funding for the
4444	Classrooms for Kids Program; amending s. 201.15, F.S.;
4445	providing for the expenditure of certain funds in the Land
4446	Acquisition Trust Fund; creating the School Concurrency
4447	Task Force; providing purposes; providing for membership;
4448	requiring a report to the Governor and Legislature;
4449	creating the Florida Impact Fee Review Task Force;
4450	providing legislative findings; providing for membership;
4451	providing for meetings; providing duties and
4452	responsibilities of the task force; prohibiting
4453	compensation of the task force; providing for per diem and
4454	travel expenses; requiring a report to the Governor and
4455	Legislature; specifying report contents; requiring the
4456	Legislative Committee on Intergovernmental Relations to
4457	serve as staff; providing an appropriation; providing an
4458	appropriation to fund the High Growth County Facility
4459	Construction Account; providing for appropriations for the
4460	2005-2006 fiscal year on a nonrecurring basis for certain
4461	purposes; requiring the Department of Transportation to
4462	amend the tentative work program and budget for 2005-2006;
4463	prohibits reversion of certain funds; providing a
4464	declaration of important state interest; providing for
4465	nonapplication of certain provisions of law to certain
4466	developments of regional impact under certain
4467	circumstances; requiring the Department of Community
4468	Affairs to conduct a study; specifying study criteria;
4469	requiring a report to the Legislature; providing
4470	severability; providing effective dates.

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