Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1858
                        Barcode 305734
                            CHAMBER ACTION
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11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 3, line 28, through
15            page 17, line 16, delete those lines
16  
17  and insert:  
18         Section 3.  Paragraph (c) of subsection (2), paragraph
19  (f) of subsection (5), subsection (7), subsection (13), and
20  paragraphs (a), (b), (c), (e), and (f) of subsection (16) of
21  section 163.3180, Florida Statutes, are amended to read:
22         163.3180  Concurrency.--
23         (2)
24         (c)  Consistent with the public welfare, and except as
25  otherwise provided in this section, transportation facilities
26  needed to serve new development shall be in place or under
27  actual construction or programmed for construction to commence
28  in the Department of Transportation's work program or the
29  local government's schedule of capital improvements within 3
30  years after the local government approves a building permit or
31  its functional equivalent that results in traffic generation.
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 (5) 2 (f) Prior to the designation of a concurrency 3 exception area, the Department of Transportation shall be 4 consulted by the local government to assess the impact that 5 the proposed exception area is expected to have on the adopted 6 level-of-service standards established for Strategic 7 Intermodal System facilities, as defined in s. 339.64, and 8 roadway facilities funded in accordance with s. 339.2819. 9 Further, the local government shall, in cooperation with the 10 Department of Transportation, develop a plan to mitigate any 11 impacts to the Strategic Intermodal System, including, if 12 appropriate, the development of a long-term concurrency 13 management system pursuant to subsection (9) and s. 14 163.3177(3)(d). The exceptions may be available only within 15 the specific geographic area of the jurisdiction designated in 16 the plan. Pursuant to s. 163.3184, any affected person may 17 challenge a plan amendment establishing these guidelines and 18 the areas within which an exception could be granted. By 19 October 1, 2006, the Department of Transportation, after 20 publicly noticed workshops, shall publish and distribute to 21 local governments a policy guideline containing criteria and 22 options to assist local governments in planning to assess and 23 mitigate the impacts of a proposed concurrency exception area 24 as described in this paragraph. 25 (7) In order to promote infill development and 26 redevelopment, one or more transportation concurrency 27 management areas may be designated in a local government 28 comprehensive plan. A transportation concurrency management 29 area must be a compact geographic area with an existing 30 network of roads where multiple, viable alternative travel 31 paths or modes are available for common trips. A local 2 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 government may establish an areawide level-of-service standard 2 for such a transportation concurrency management area based 3 upon an analysis that provides for a justification for the 4 areawide level of service, how urban infill development or 5 redevelopment will be promoted, and how mobility will be 6 accomplished within the transportation concurrency management 7 area. Prior to the designation of a concurrency management 8 area, the Department of Transportation shall be consulted by 9 the local government to assess the impact that the proposed 10 concurrency management area is expected to have on the adopted 11 level-of-service standards established for Strategic 12 Intermodal System facilities, as defined in s. 339.64, and 13 roadway facilities funded in accordance with s. 339.2819. 14 Further, the local government shall, in cooperation with the 15 Department of Transportation, develop a plan to mitigate any 16 impacts to the Strategic Intermodal System, including, if 17 appropriate, the development of a long-term concurrency 18 management system pursuant to subsection (9) and s. 19 163.3177(3)(d). Transportation concurrency management areas 20 existing prior to July 1, 2005, shall meet, at a minimum, the 21 provisions of this section by July 1, 2006, or at the time of 22 the comprehensive plan update pursuant to the evaluation and 23 appraisal report, whichever occurs last. The state land 24 planning agency shall amend chapter 9J-5, Florida 25 Administrative Code, to be consistent with this subsection. By 26 October 1, 2006, the Department of Transportation, after 27 publicly noticed workshops, shall publish and distribute to 28 local governments a policy guideline containing criteria and 29 options to assist local governments in planning to assess and 30 mitigate the impacts of a proposed concurrency management area 31 as described in this paragraph. 3 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 (13) School concurrency shall be established on a 2 districtwide basis and shall include all public schools in the 3 district and all portions of the district, whether located in 4 a municipality or an unincorporated area unless exempt from 5 the public school facilities element pursuant to s. 6 163.3177(12). The application of school concurrency to 7 development shall be based upon the adopted comprehensive 8 plan, as amended. All local governments within a county, 9 except as provided in paragraph (f), shall adopt and transmit 10 to the state land planning agency and adopt the necessary plan 11 amendments, along with the interlocal agreement, for a 12 compliance review pursuant to s. 163.3184(7) and (8). The 13 minimum requirements for school concurrency are the following: 14 (a) Public school facilities element.--A local 15 government shall adopt and transmit to the state land planning 16 agency and adopt a plan or plan amendment that which includes 17 a public school facilities element which is consistent with 18 the requirements of s. 163.3177(12) and which is determined to 19 be in compliance as defined in s. 163.3184(1)(b). All local 20 government public school facilities plan elements within a 21 county must be consistent with each other as well as the 22 requirements of this part. 23 (b) Level-of-service standards.--The Legislature 24 recognizes that an essential requirement for a concurrency 25 management system is the level of service at which a public 26 facility is expected to operate. 27 1. Local governments and school boards imposing school 28 concurrency shall exercise authority in conjunction with each 29 other to establish jointly adequate level-of-service 30 standards, as defined in chapter 9J-5, Florida Administrative 31 Code, necessary to implement the adopted local government 4 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 comprehensive plan, based on data and analysis. 2 2. Public school level-of-service standards shall be 3 included and adopted into the capital improvements element of 4 the local comprehensive plan and shall apply districtwide to 5 all schools of the same type. Types of schools may include 6 elementary, middle, and high schools as well as special 7 purpose facilities such as magnet schools. 8 3. Local governments and school boards shall have the 9 option to utilize tiered level-of-service standards to allow 10 time to achieve an adequate and desirable level of service as 11 circumstances warrant. 12 (c) Service areas.--The Legislature recognizes that an 13 essential requirement for a concurrency system is a 14 designation of the area within which the level of service will 15 be measured when an application for a residential development 16 permit is reviewed for school concurrency purposes. This 17 delineation is also important for purposes of determining 18 whether the local government has a financially feasible public 19 school capital facilities program that will provide schools 20 which will achieve and maintain the adopted level-of-service 21 standards. 22 1. In order to balance competing interests, preserve 23 the constitutional concept of uniformity, and avoid disruption 24 of existing educational and growth management processes, local 25 governments are encouraged to initially apply school 26 concurrency to development only on a districtwide basis so 27 that a concurrency determination for a specific development 28 will be based upon the availability of school capacity 29 districtwide. To ensure that development is coordinated with 30 schools having available capacity, within 5 years after 31 adoption of school concurrency, local governments shall apply 5 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 school concurrency on a less than districtwide basis, such as 2 using school attendance zones or concurrency service areas, as 3 provided in subparagraph 2. 4 2. For local governments applying school concurrency 5 on a less than districtwide basis, such as utilizing school 6 attendance zones or larger school concurrency service areas, 7 local governments and school boards shall have the burden to 8 demonstrate that the utilization of school capacity is 9 maximized to the greatest extent possible in the comprehensive 10 plan and amendment, taking into account transportation costs 11 and court-approved desegregation plans, as well as other 12 factors. In addition, in order to achieve concurrency within 13 the service area boundaries selected by local governments and 14 school boards, the service area boundaries, together with the 15 standards for establishing those boundaries, shall be 16 identified and included as supporting data and analysis for 17 the comprehensive plan. 18 3. Where school capacity is available on a 19 districtwide basis but school concurrency is applied on a less 20 than districtwide basis in the form of concurrency service 21 areas, if the adopted level-of-service standard cannot be met 22 in a particular service area as applied to an application for 23 a development permit and if the needed capacity for the 24 particular service area is available in one or more contiguous 25 service areas, as adopted by the local government, then the 26 local government may not deny an application for site plan or 27 final subdivision approval or the functional equivalent for a 28 development or phase of a development on the basis of school 29 concurrency, and if issued, development impacts shall be 30 shifted to contiguous service areas with schools having 31 available capacity. 6 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 (d) Financial feasibility.--The Legislature recognizes 2 that financial feasibility is an important issue because the 3 premise of concurrency is that the public facilities will be 4 provided in order to achieve and maintain the adopted 5 level-of-service standard. This part and chapter 9J-5, Florida 6 Administrative Code, contain specific standards to determine 7 the financial feasibility of capital programs. These standards 8 were adopted to make concurrency more predictable and local 9 governments more accountable. 10 1. A comprehensive plan amendment seeking to impose 11 school concurrency shall contain appropriate amendments to the 12 capital improvements element of the comprehensive plan, 13 consistent with the requirements of s. 163.3177(3) and rule 14 9J-5.016, Florida Administrative Code. The capital 15 improvements element shall set forth a financially feasible 16 public school capital facilities program, established in 17 conjunction with the school board, that demonstrates that the 18 adopted level-of-service standards will be achieved and 19 maintained. 20 2. Such amendments shall demonstrate that the public 21 school capital facilities program meets all of the financial 22 feasibility standards of this part and chapter 9J-5, Florida 23 Administrative Code, that apply to capital programs which 24 provide the basis for mandatory concurrency on other public 25 facilities and services. 26 3. When the financial feasibility of a public school 27 capital facilities program is evaluated by the state land 28 planning agency for purposes of a compliance determination, 29 the evaluation shall be based upon the service areas selected 30 by the local governments and school board. 31 (e) Availability standard.--Consistent with the public 7 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 welfare, a local government may not deny an application for 2 site plan, final subdivision approval, or the functional 3 equivalent for a development or phase of a development 4 authorizing residential development for failure to achieve and 5 maintain the level-of-service standard for public school 6 capacity in a local school concurrency management system where 7 adequate school facilities will be in place or under actual 8 construction within 3 years after the issuance of final 9 subdivision or site plan approval, or the functional 10 equivalent. School concurrency shall be satisfied if the 11 developer executes a legally binding commitment to provide 12 proportionate fair-share mitigation proportionate to the 13 demand for public school facilities to be created by actual 14 development of the property, including, but not limited to, 15 the options described in subparagraph 1. Options for 16 proportionate fair-share proportionate-share mitigation of 17 impacts on public school facilities shall be established in 18 the public school facilities element and the interlocal 19 agreement pursuant to s. 163.31777. 20 1. Appropriate proportionate fair-share mitigation 21 options include the contribution of land; the construction, 22 expansion, or payment for land acquisition or construction of 23 a public school facility; or the creation of mitigation 24 banking based on the construction of a public school facility 25 in exchange for the right to sell capacity credits. Such 26 options must include execution by the applicant and the local 27 government of a binding development agreement that constitutes 28 a legally binding commitment to pay proportionate fair-share 29 proportionate-share mitigation for the additional residential 30 units approved by the local government in a development order 31 and actually developed on the property, taking into account 8 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 residential density allowed on the property prior to the plan 2 amendment that increased overall residential density. The 3 district school board shall be a party to such an agreement. 4 As a condition of its entry into such a development agreement, 5 the local government may require the landowner to agree to 6 continuing renewal of the agreement upon its expiration. 7 2. If the education facilities plan and the public 8 educational facilities element authorize a contribution of 9 land; the construction, expansion, or payment for land 10 acquisition; or the construction or expansion of a public 11 school facility, or a portion thereof, as proportionate 12 fair-share proportionate-share mitigation, the local 13 government shall credit such a contribution, construction, 14 expansion, or payment toward any other impact fee or exaction 15 imposed by local ordinance for the same need, on a 16 dollar-for-dollar basis at fair market value. 17 3. Any proportionate fair-share proportionate-share 18 mitigation must be directed by the school board toward a 19 school capacity improvement identified in a financially 20 feasible 5-year district work plan and which satisfies the 21 demands created by that development in accordance with a 22 binding developer's agreement. 23 4. This paragraph does not limit the authority of a 24 local government to deny a development permit or its 25 functional equivalent pursuant to its home rule regulatory 26 powers, except as provided in this part. 27 (f) Intergovernmental coordination.-- 28 1. When establishing concurrency requirements for 29 public schools, a local government shall satisfy the 30 requirements for intergovernmental coordination set forth in 31 s. 163.3177(6)(h)1. and 2., except that a municipality is not 9 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 required to be a signatory to the interlocal agreement 2 required by ss. 163.3177(6)(h)2. and 163.31777 163.31777(6), 3 as a prerequisite for imposition of school concurrency, and as 4 a nonsignatory, shall not participate in the adopted local 5 school concurrency system, if the municipality meets all of 6 the following criteria for having no significant impact on 7 school attendance: 8 a. The municipality has issued development orders for 9 fewer than 50 residential dwelling units during the preceding 10 5 years, or the municipality has generated fewer than 25 11 additional public school students during the preceding 5 12 years. 13 b. The municipality has not annexed new land during 14 the preceding 5 years in land use categories which permit 15 residential uses that will affect school attendance rates. 16 c. The municipality has no public schools located 17 within its boundaries. 18 d. At least 80 percent of the developable land within 19 the boundaries of the municipality has been built upon. 20 2. A municipality that which qualifies as having no 21 significant impact on school attendance pursuant to the 22 criteria of subparagraph 1. must review and determine at the 23 time of its evaluation and appraisal report pursuant to s. 24 163.3191 whether it continues to meet the criteria pursuant to 25 s. 163.31777(6). If the municipality determines that it no 26 longer meets the criteria, it must adopt appropriate school 27 concurrency goals, objectives, and policies in its plan 28 amendments based on the evaluation and appraisal report, and 29 enter into the existing interlocal agreement required by ss. 30 163.3177(6)(h)2. and 163.31777, in order to fully participate 31 in the school concurrency system. If such a municipality 10 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 fails to do so, it will be subject to the enforcement 2 provisions of s. 163.3191. 3 (g) Interlocal agreement for school concurrency.--When 4 establishing concurrency requirements for public schools, a 5 local government must enter into an interlocal agreement that 6 satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and 7 163.31777 and the requirements of this subsection. The 8 interlocal agreement shall acknowledge both the school board's 9 constitutional and statutory obligations to provide a uniform 10 system of free public schools on a countywide basis, and the 11 land use authority of local governments, including their 12 authority to approve or deny comprehensive plan amendments and 13 development orders. The interlocal agreement shall be 14 submitted to the state land planning agency by the local 15 government as a part of the compliance review, along with the 16 other necessary amendments to the comprehensive plan required 17 by this part. In addition to the requirements of ss. 18 163.3177(6)(h) and 163.31777, the interlocal agreement shall 19 meet the following requirements: 20 1. Establish the mechanisms for coordinating the 21 development, adoption, and amendment of each local 22 government's public school facilities element with each other 23 and the plans of the school board to ensure a uniform 24 districtwide school concurrency system. 25 2. Establish a process for the development of siting 26 criteria which encourages the location of public schools 27 proximate to urban residential areas to the extent possible 28 and seeks to collocate schools with other public facilities 29 such as parks, libraries, and community centers to the extent 30 possible. 31 3. Specify uniform, districtwide level-of-service 11 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 standards for public schools of the same type and the process 2 for modifying the adopted level-of-service standards. 3 4. Establish a process for the preparation, amendment, 4 and joint approval by each local government and the school 5 board of a public school capital facilities program which is 6 financially feasible, and a process and schedule for 7 incorporation of the public school capital facilities program 8 into the local government comprehensive plans on an annual 9 basis. 10 5. Define the geographic application of school 11 concurrency. If school concurrency is to be applied on a less 12 than districtwide basis in the form of concurrency service 13 areas, the agreement shall establish criteria and standards 14 for the establishment and modification of school concurrency 15 service areas. The agreement shall also establish a process 16 and schedule for the mandatory incorporation of the school 17 concurrency service areas and the criteria and standards for 18 establishment of the service areas into the local government 19 comprehensive plans. The agreement shall ensure maximum 20 utilization of school capacity, taking into account 21 transportation costs and court-approved desegregation plans, 22 as well as other factors. The agreement shall also ensure the 23 achievement and maintenance of the adopted level-of-service 24 standards for the geographic area of application throughout 25 the 5 years covered by the public school capital facilities 26 plan and thereafter by adding a new fifth year during the 27 annual update. 28 6. Establish a uniform districtwide procedure for 29 implementing school concurrency which provides for: 30 a. The evaluation of development applications for 31 compliance with school concurrency requirements, including 12 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 information provided by the school board on affected schools, 2 impact on levels of service, and programmed improvements for 3 affected schools and any options to provide sufficient 4 capacity; 5 b. An opportunity for the school board to review and 6 comment on the effect of comprehensive plan amendments and 7 rezonings on the public school facilities plan; and 8 c. The monitoring and evaluation of the school 9 concurrency system. 10 7. Include provisions relating to amendment of the 11 agreement. 12 8. A process and uniform methodology for determining 13 proportionate fair-share proportionate-share mitigation 14 pursuant to subparagraph (e)1. 15 (h) Local government authority.--This subsection does 16 not limit the authority of a local government to grant or deny 17 a development permit or its functional equivalent prior to the 18 implementation of school concurrency. 19 (16) It is the intent of the Legislature to provide a 20 method by which the impacts of development on transportation 21 facilities can be mitigated by the cooperative efforts of the 22 public and private sectors. The methodology used to calculate 23 proportionate fair-share mitigation under this section shall 24 be as provided for in subsection (12). 25 (a) By December 1, 2006, each local government shall 26 adopt by ordinance a methodology for assessing proportionate 27 fair-share mitigation options. A local government that fails 28 to adopt a methodology for assessing proportionate fair-share 29 mitigation options by December 1, 2006, shall be subject to 30 the sanctions described in s. 163.3184(11)(a) imposed by the 31 Administration Commission. By December 1, 2005, the Department 13 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 of Transportation shall develop a model transportation 2 concurrency management ordinance with methodologies for 3 assessing proportionate fair-share mitigation options. 4 (b)1. In its transportation concurrency management 5 system, a local government shall, by December 1, 2006, include 6 methodologies that will be applied to calculate proportionate 7 fair-share mitigation. A local government that fails to 8 include such methodologies by December 1, 2006, shall be 9 subject to the sanctions described in s. 163.3184(11)(a) 10 imposed by the Administration Commission. A developer may 11 choose to satisfy all transportation concurrency requirements 12 by contributing or paying proportionate fair-share mitigation 13 if transportation facilities or facility segments identified 14 as mitigation for traffic impacts are specifically identified 15 for funding in the 5-year schedule of capital improvements in 16 the capital improvements element of the local plan or the 17 long-term concurrency management system or if such 18 contributions or payments to such facilities or segments are 19 reflected in the 5-year schedule of capital improvements in 20 the next regularly scheduled update of the capital 21 improvements element. Updates to the 5-year capital 22 improvements element which reflect proportionate fair-share 23 contributions may not be found not in compliance based on ss. 24 163.3164(32) 163.164(32) and 163.3177(3) if additional 25 contributions, payments or funding sources are reasonably 26 anticipated during a period not to exceed 10 years to fully 27 mitigate impacts on the transportation facilities. 28 2. Proportionate fair-share mitigation shall be 29 applied as a credit against impact fees to the extent that all 30 or a portion of the proportionate fair-share mitigation is 31 used to address the same capital infrastructure improvements 14 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 contemplated by the local government's impact fee ordinance. 2 (c) Proportionate fair-share mitigation includes, 3 without limitation, separately or collectively, private funds, 4 contributions of land, and construction and contribution of 5 facilities and may include public funds as determined by the 6 local government. The fair market value of the proportionate 7 fair-share mitigation shall not differ based on the form of 8 mitigation. A local government may not require a development 9 to pay more than its proportionate fair-share mitigation 10 contribution regardless of the method of mitigation. 11 (e) Mitigation for development impacts to facilities 12 on the Strategic Intermodal System made pursuant to this 13 subsection requires the concurrence of the Department of 14 Transportation. The department has 60 days from the date of 15 submission by the applicable local government to concur or 16 withhold concurrence with the mitigation of development 17 impacts to facilities on the Strategic Intermodal System. If 18 the department does not respond within the 60-day period, the 19 department is deemed to have concurred with the mitigation. 20 (f) If In the event the funds in an adopted 5-year 21 capital improvements element are insufficient to fully fund 22 construction of a transportation improvement required by the 23 local government's concurrency management system, a local 24 government and a developer may still enter into a binding 25 proportionate fair-share mitigation proportionate-share 26 agreement authorizing the developer to construct that amount 27 of development on which the proportionate fair-share 28 mitigation share is calculated if the proportionate fair-share 29 mitigation proportionate-share amount in such agreement is 30 sufficient to pay for one or more improvements that which 31 will, in the opinion of the governmental entity or entities 15 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 maintaining the transportation facilities, significantly 2 benefit the impacted transportation system. The improvement or 3 improvements funded by the proportionate fair-share mitigation 4 proportionate-share component must be adopted into the 5-year 5 capital improvements schedule of the comprehensive plan at the 6 next annual capital improvements element update. 7 Section 4. Subsection (17) of section 163.3184, 8 Florida Statutes, is amended to read: 9 163.3184 Process for adoption of comprehensive plan or 10 plan amendment.-- 11 (17) A local government that has adopted a community 12 vision and urban service boundary under s. 163.3177(13) s. 13 163.31773(13) and (14) may adopt a plan amendment related to 14 map amendments solely to property within an urban service 15 boundary in the manner described in subsections (1), (2), (7), 16 (14), (15), and (16) and s. 163.3187(1)(c)1.d. and e., 2., and 17 3., such that state and regional agency review is eliminated. 18 The department may not issue an objections, recommendations, 19 and comments report on proposed plan amendments or a notice of 20 intent on adopted plan amendments; however, affected persons, 21 as defined by paragraph (1)(a), may file a petition for 22 administrative review pursuant to the requirements of s. 23 163.3187(3)(a) to challenge the compliance of an adopted plan 24 amendment. This subsection does not apply to any amendment 25 within an area of critical state concern, to any amendment 26 that increases residential densities allowable in high-hazard 27 coastal areas as defined in s. 163.3178(2)(h), or to a text 28 change to the goals, policies, or objectives of the local 29 government's comprehensive plan. Amendments submitted under 30 this subsection are exempt from the limitation on the 31 frequency of plan amendments in s. 163.3187. 16 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 Section 5. Paragraph (a) of subsection (3) of section 2 163.3247, Florida Statutes, is amended to read: 3 163.3247 Century Commission for a Sustainable 4 Florida.-- 5 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; 6 CREATION; ORGANIZATION.--The Century Commission for a 7 Sustainable Florida is created as a standing body to help the 8 citizens of this state envision and plan their collective 9 future with an eye towards both 25-year and 50-year horizons. 10 (a) The commission shall consist of 15 members, 5 11 appointed by the Governor, 5 appointed by the President of the 12 Senate, and 5 appointed by the Speaker of the House of 13 Representatives. Appointments shall be made no later than 14 October 1, 2005. The membership must represent local 15 governments, school boards, developers and homebuilders, the 16 business community, the agriculture community, the 17 environmental community, and other appropriate stakeholders. 18 The membership shall reflect the demographic makeup of the 19 state. One member shall be designated by the Governor as chair 20 of the commission. Any vacancy that occurs on the commission 21 must be filled in the same manner as the original appointment 22 and shall be for the unexpired term of that commission seat. 23 Members shall serve 4-year terms, except that, initially, to 24 provide for staggered terms, the Governor, the President of 25 the Senate, and the Speaker of the House of Representatives 26 shall each appoint one member to serve a 2-year term, two 27 members to serve 3-year terms, and two members to serve 4-year 28 terms. All subsequent appointments shall be for 4-year terms. 29 An appointee may not serve more than 6 years. 30 31 17 3:30 PM 05/02/06 s1858c2c-21-c3g
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1858 Barcode 305734 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, lines 5 through 12, delete those lines 4 5 and insert: 6 cross-reference; amending s. 163.3180, F.S.; 7 clarifying that local governments may rely on 8 certain projects in the Department of 9 Transportation's work program for purposes of 10 transportation concurrency; requiring the 11 Department of Transportation to publish and 12 distribute certain policy guidelines; 13 authorizing sanctions against a local 14 government that does not adopt a methodology 15 for assessing proportionate fair-share 16 mitigation or include the methodology in the 17 local government's transportation concurrency 18 management system; providing a timeframe for 19 the Department of Transportation to concur or 20 withhold concurrence on the mitigation of 21 development impacts on certain transportation 22 facilities; correcting cross-references; 23 conforming terminology; amending s. 163.3184, 24 F.S.; correcting a cross-reference; amending s. 25 163.3247, F.S.; revising criteria for 26 appointments to the Century Commission for a 27 Sustainable Florida; amending s. 28 29 30 31 18 3:30 PM 05/02/06 s1858c2c-21-c3g