Senate Bill sb1858

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1858

    By the Committee on Community Affairs





    578-1012C-06

  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         ss. 163.3177, 163.3180, and 163.3184, F.S.;

  4         correcting cross-references; amending s.

  5         163.3247, F.S.; expanding the membership of the

  6         Century Commission for a Sustainable Florida;

  7         revising the date for completion of

  8         appointments to the commission; amending s.

  9         201.15, F.S.; deleting obsolete provisions

10         relating to the High Growth District Capital

11         Outlay Assistance Grant Program; appropriating

12         an additional sum to fund the Classrooms for

13         Kids Program; deleting obsolete provisions

14         relating to certain recurring funding for the

15         Century Commission; providing an additional sum

16         to the State Transportation Trust Fund for

17         specified purposes; amending s. 339.2819, F.S.;

18         correcting a cross-reference; amending s.

19         1013.65, F.S.; increasing the amount

20         appropriated from the Public Education Capital

21         Outlay and Debt Service Trust Fund to fund the

22         Classrooms for Kids Program; amending s.

23         1013.738, F.S.; revising the prerequisites to

24         the establishment and funding of the High

25         Growth District Capital Outlay Assistance Grant

26         Program; appropriating a sum that was vetoed

27         for the 2005-2006 fiscal year to the State

28         Transportation Trust Fund in the Department of

29         Transportation on a nonrecurring basis for the

30         2005-2006 fiscal year for the purposes of the

31         Strategic Intermodal System; reducing the

                                  1

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         amount appropriated in section 27 of chapter

 2         2005-290, Laws of Florida, to the State

 3         Transportation Trust Fund in the Department of

 4         Transportation for the 2005-2006 fiscal year;

 5         appropriating a sum for the High Growth

 6         District Capital Outlay Assistance Grant

 7         Program, which was vetoed for the 2005-2006

 8         fiscal year, and sum which is in the Public

 9         Education Capital Outlay and Debt Service Trust

10         Fund in the Department of Education, for the

11         2005-2006 fiscal year on a nonrecurring basis

12         to the Classrooms for Kids Program; providing

13         effective dates.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Paragraph (c) of subsection (13) of section

18  163.3177, Florida Statutes, is amended to read:

19         163.3177  Required and optional elements of

20  comprehensive plan; studies and surveys.--

21         (13)  Local governments are encouraged to develop a

22  community vision that provides for sustainable growth,

23  recognizes its fiscal constraints, and protects its natural

24  resources. At the request of a local government, the

25  applicable regional planning council shall provide assistance

26  in the development of a community vision.

27         (c)  As part of the workshops and public meetings, the

28  local government must discuss strategies for addressing the

29  topics discussed under paragraph (b), including:

30         1.  Strategies to preserve open space and

31  environmentally sensitive lands, and to encourage a healthy

                                  2

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  agricultural economy, including innovative planning and

 2  development strategies, such as the transfer of development

 3  rights;

 4         2.  Incentives for mixed-use development, including

 5  increased height and intensity standards for buildings that

 6  provide residential use in combination with office or

 7  commercial space;

 8         3.  Incentives for workforce housing;

 9         4.  Designation of an urban service boundary pursuant

10  to subsection (14) (2); and

11         5.  Strategies to provide mobility within the community

12  and to protect the Strategic Intermodal System, including the

13  development of a transportation corridor management plan under

14  s. 337.273.

15         Section 2.  Subsection (13) and paragraph (b) of

16  subsection (16) of section 163.3180, Florida Statutes, are

17  amended to read:

18         163.3180  Concurrency.--

19         (13)  School concurrency shall be established on a

20  districtwide basis and shall include all public schools in the

21  district and all portions of the district, whether located in

22  a municipality or an unincorporated area unless exempt from

23  the public school facilities element pursuant to s.

24  163.3177(12). The application of school concurrency to

25  development shall be based upon the adopted comprehensive

26  plan, as amended. All local governments within a county,

27  except as provided in paragraph (f), shall adopt and transmit

28  to the state land planning agency and adopt the necessary plan

29  amendments, along with the interlocal agreement, for a

30  compliance review pursuant to s. 163.3184(7) and (8). The

31  minimum requirements for school concurrency are the following:

                                  3

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         (a)  Public school facilities element.--A local

 2  government shall adopt and transmit to the state land planning

 3  agency and adopt a plan or plan amendment that which includes

 4  a public school facilities element which is consistent with

 5  the requirements of s. 163.3177(12) and which is determined to

 6  be in compliance as defined in s. 163.3184(1)(b).  All local

 7  government public school facilities plan elements within a

 8  county must be consistent with each other as well as the

 9  requirements of this part.

10         (b)  Level-of-service standards.--The Legislature

11  recognizes that an essential requirement for a concurrency

12  management system is the level of service at which a public

13  facility is expected to operate.

14         1.  Local governments and school boards imposing school

15  concurrency shall exercise authority in conjunction with each

16  other to establish jointly adequate level-of-service

17  standards, as defined in chapter 9J-5, Florida Administrative

18  Code, necessary to implement the adopted local government

19  comprehensive plan, based on data and analysis.

20         2.  Public school level-of-service standards shall be

21  included and adopted into the capital improvements element of

22  the local comprehensive plan and shall apply districtwide to

23  all schools of the same type. Types of schools may include

24  elementary, middle, and high schools as well as special

25  purpose facilities such as magnet schools.

26         3.  Local governments and school boards shall have the

27  option to utilize tiered level-of-service standards to allow

28  time to achieve an adequate and desirable level of service as

29  circumstances warrant.

30         (c)  Service areas.--The Legislature recognizes that an

31  essential requirement for a concurrency system is a

                                  4

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  designation of the area within which the level of service will

 2  be measured when an application for a residential development

 3  permit is reviewed for school concurrency purposes. This

 4  delineation is also important for purposes of determining

 5  whether the local government has a financially feasible public

 6  school capital facilities program that will provide schools

 7  which will achieve and maintain the adopted level-of-service

 8  standards.

 9         1.  In order to balance competing interests, preserve

10  the constitutional concept of uniformity, and avoid disruption

11  of existing educational and growth management processes, local

12  governments are encouraged to initially apply school

13  concurrency to development only on a districtwide basis so

14  that a concurrency determination for a specific development

15  will be based upon the availability of school capacity

16  districtwide. To ensure that development is coordinated with

17  schools having available capacity, within 5 years after

18  adoption of school concurrency, local governments shall apply

19  school concurrency on a less than districtwide basis, such as

20  using school attendance zones or concurrency service areas, as

21  provided in subparagraph 2.

22         2.  For local governments applying school concurrency

23  on a less than districtwide basis, such as utilizing school

24  attendance zones or larger school concurrency service areas,

25  local governments and school boards shall have the burden to

26  demonstrate that the utilization of school capacity is

27  maximized to the greatest extent possible in the comprehensive

28  plan and amendment, taking into account transportation costs

29  and court-approved desegregation plans, as well as other

30  factors. In addition, in order to achieve concurrency within

31  the service area boundaries selected by local governments and

                                  5

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  school boards, the service area boundaries, together with the

 2  standards for establishing those boundaries, shall be

 3  identified and included as supporting data and analysis for

 4  the comprehensive plan.

 5         3.  Where school capacity is available on a

 6  districtwide basis but school concurrency is applied on a less

 7  than districtwide basis in the form of concurrency service

 8  areas, if the adopted level-of-service standard cannot be met

 9  in a particular service area as applied to an application for

10  a development permit and if the needed capacity for the

11  particular service area is available in one or more contiguous

12  service areas, as adopted by the local government, then the

13  local government may not deny an application for site plan or

14  final subdivision approval or the functional equivalent for a

15  development or phase of a development on the basis of school

16  concurrency, and if issued, development impacts shall be

17  shifted to contiguous service areas with schools having

18  available capacity.

19         (d)  Financial feasibility.--The Legislature recognizes

20  that financial feasibility is an important issue because the

21  premise of concurrency is that the public facilities will be

22  provided in order to achieve and maintain the adopted

23  level-of-service standard. This part and chapter 9J-5, Florida

24  Administrative Code, contain specific standards to determine

25  the financial feasibility of capital programs. These standards

26  were adopted to make concurrency more predictable and local

27  governments more accountable.

28         1.  A comprehensive plan amendment seeking to impose

29  school concurrency shall contain appropriate amendments to the

30  capital improvements element of the comprehensive plan,

31  consistent with the requirements of s. 163.3177(3) and rule

                                  6

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  9J-5.016, Florida Administrative Code. The capital

 2  improvements element shall set forth a financially feasible

 3  public school capital facilities program, established in

 4  conjunction with the school board, that demonstrates that the

 5  adopted level-of-service standards will be achieved and

 6  maintained.

 7         2.  Such amendments shall demonstrate that the public

 8  school capital facilities program meets all of the financial

 9  feasibility standards of this part and chapter 9J-5, Florida

10  Administrative Code, that apply to capital programs which

11  provide the basis for mandatory concurrency on other public

12  facilities and services.

13         3.  When the financial feasibility of a public school

14  capital facilities program is evaluated by the state land

15  planning agency for purposes of a compliance determination,

16  the evaluation shall be based upon the service areas selected

17  by the local governments and school board.

18         (e)  Availability standard.--Consistent with the public

19  welfare, a local government may not deny an application for

20  site plan, final subdivision approval, or the functional

21  equivalent for a development or phase of a development

22  authorizing residential development for failure to achieve and

23  maintain the level-of-service standard for public school

24  capacity in a local school concurrency management system where

25  adequate school facilities will be in place or under actual

26  construction within 3 years after the issuance of final

27  subdivision or site plan approval, or the functional

28  equivalent. School concurrency shall be satisfied if the

29  developer executes a legally binding commitment to provide

30  mitigation proportionate to the demand for public school

31  facilities to be created by actual development of the

                                  7

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  property, including, but not limited to, the options described

 2  in subparagraph 1. Options for proportionate-share mitigation

 3  of impacts on public school facilities shall be established in

 4  the public school facilities element and the interlocal

 5  agreement pursuant to s. 163.31777.

 6         1.  Appropriate mitigation options include the

 7  contribution of land; the construction, expansion, or payment

 8  for land acquisition or construction of a public school

 9  facility; or the creation of mitigation banking based on the

10  construction of a public school facility in exchange for the

11  right to sell capacity credits. Such options must include

12  execution by the applicant and the local government of a

13  binding development agreement that constitutes a legally

14  binding commitment to pay proportionate-share mitigation for

15  the additional residential units approved by the local

16  government in a development order and actually developed on

17  the property, taking into account residential density allowed

18  on the property prior to the plan amendment that increased

19  overall residential density. The district school board shall

20  be a party to such an agreement. As a condition of its entry

21  into such a development agreement, the local government may

22  require the landowner to agree to continuing renewal of the

23  agreement upon its expiration.

24         2.  If the education facilities plan and the public

25  educational facilities element authorize a contribution of

26  land; the construction, expansion, or payment for land

27  acquisition; or the construction or expansion of a public

28  school facility, or a portion thereof, as proportionate-share

29  mitigation, the local government shall credit such a

30  contribution, construction, expansion, or payment toward any

31  other impact fee or exaction imposed by local ordinance for

                                  8

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  the same need, on a dollar-for-dollar basis at fair market

 2  value.

 3         3.  Any proportionate-share mitigation must be directed

 4  by the school board toward a school capacity improvement

 5  identified in a financially feasible 5-year district work plan

 6  and which satisfies the demands created by that development in

 7  accordance with a binding developer's agreement.

 8         4.  This paragraph does not limit the authority of a

 9  local government to deny a development permit or its

10  functional equivalent pursuant to its home rule regulatory

11  powers, except as provided in this part.

12         (f)  Intergovernmental coordination.--

13         1.  When establishing concurrency requirements for

14  public schools, a local government shall satisfy the

15  requirements for intergovernmental coordination set forth in

16  s. 163.3177(6)(h)1. and 2., except that a municipality is not

17  required to be a signatory to the interlocal agreement

18  required by ss. 163.3177(6)(h)2. and 163.31777 163.31777(6),

19  as a prerequisite for imposition of school concurrency, and as

20  a nonsignatory, shall not participate in the adopted local

21  school concurrency system, if the municipality meets all of

22  the following criteria for having no significant impact on

23  school attendance:

24         a.  The municipality has issued development orders for

25  fewer than 50 residential dwelling units during the preceding

26  5 years, or the municipality has generated fewer than 25

27  additional public school students during the preceding 5

28  years.

29         b.  The municipality has not annexed new land during

30  the preceding 5 years in land use categories which permit

31  residential uses that will affect school attendance rates.

                                  9

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         c.  The municipality has no public schools located

 2  within its boundaries.

 3         d.  At least 80 percent of the developable land within

 4  the boundaries of the municipality has been built upon.

 5         2.  A municipality that which qualifies as having no

 6  significant impact on school attendance pursuant to the

 7  criteria of subparagraph 1. must review and determine at the

 8  time of its evaluation and appraisal report pursuant to s.

 9  163.3191 whether it continues to meet the criteria pursuant to

10  s. 163.31777(6).  If the municipality determines that it no

11  longer meets the criteria, it must adopt appropriate school

12  concurrency goals, objectives, and policies in its plan

13  amendments based on the evaluation and appraisal report, and

14  enter into the existing interlocal agreement required by ss.

15  163.3177(6)(h)2. and 163.31777, in order to fully participate

16  in the school concurrency system.  If such a municipality

17  fails to do so, it will be subject to the enforcement

18  provisions of s. 163.3191.

19         (g)  Interlocal agreement for school concurrency.--When

20  establishing concurrency requirements for public schools, a

21  local government must enter into an interlocal agreement that

22  satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and

23  163.31777 and the requirements of this subsection. The

24  interlocal agreement shall acknowledge both the school board's

25  constitutional and statutory obligations to provide a uniform

26  system of free public schools on a countywide basis, and the

27  land use authority of local governments, including their

28  authority to approve or deny comprehensive plan amendments and

29  development orders.  The interlocal agreement shall be

30  submitted to the state land planning agency by the local

31  government as a part of the compliance review, along with the

                                  10

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  other necessary amendments to the comprehensive plan required

 2  by this part.  In addition to the requirements of ss.

 3  163.3177(6)(h) and 163.31777, the interlocal agreement shall

 4  meet the following requirements:

 5         1.  Establish the mechanisms for coordinating the

 6  development, adoption, and amendment of each local

 7  government's public school facilities element with each other

 8  and the plans of the school board to ensure a uniform

 9  districtwide school concurrency system.

10         2.  Establish a process for the development of siting

11  criteria which encourages the location of public schools

12  proximate to urban residential areas to the extent possible

13  and seeks to collocate schools with other public facilities

14  such as parks, libraries, and community centers to the extent

15  possible.

16         3.  Specify uniform, districtwide level-of-service

17  standards for public schools of the same type and the process

18  for modifying the adopted level-of-service standards.

19         4.  Establish a process for the preparation, amendment,

20  and joint approval by each local government and the school

21  board of a public school capital facilities program which is

22  financially feasible, and a process and schedule for

23  incorporation of the public school capital facilities program

24  into the local government comprehensive plans on an annual

25  basis.

26         5.  Define the geographic application of school

27  concurrency.  If school concurrency is to be applied on a less

28  than districtwide basis in the form of concurrency service

29  areas, the agreement shall establish criteria and standards

30  for the establishment and modification of school concurrency

31  service areas.  The agreement shall also establish a process

                                  11

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  and schedule for the mandatory incorporation of the school

 2  concurrency service areas and the criteria and standards for

 3  establishment of the service areas into the local government

 4  comprehensive plans.  The agreement shall ensure maximum

 5  utilization of school capacity, taking into account

 6  transportation costs and court-approved desegregation plans,

 7  as well as other factors. The agreement shall also ensure the

 8  achievement and maintenance of the adopted level-of-service

 9  standards for the geographic area of application throughout

10  the 5 years covered by the public school capital facilities

11  plan and thereafter by adding a new fifth year during the

12  annual update.

13         6.  Establish a uniform districtwide procedure for

14  implementing school concurrency which provides for:

15         a.  The evaluation of development applications for

16  compliance with school concurrency requirements, including

17  information provided by the school board on affected schools,

18  impact on levels of service, and programmed improvements for

19  affected schools and any options to provide sufficient

20  capacity;

21         b.  An opportunity for the school board to review and

22  comment on the effect of comprehensive plan amendments and

23  rezonings on the public school facilities plan; and

24         c.  The monitoring and evaluation of the school

25  concurrency system.

26         7.  Include provisions relating to amendment of the

27  agreement.

28         8.  A process and uniform methodology for determining

29  proportionate-share mitigation pursuant to subparagraph (e)1.

30         (h)  Local government authority.--This subsection does

31  not limit the authority of a local government to grant or deny

                                  12

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  a development permit or its functional equivalent prior to the

 2  implementation of school concurrency.

 3         (16)  It is the intent of the Legislature to provide a

 4  method by which the impacts of development on transportation

 5  facilities can be mitigated by the cooperative efforts of the

 6  public and private sectors. The methodology used to calculate

 7  proportionate fair-share mitigation under this section shall

 8  be as provided for in subsection (12).

 9         (b)1.  In its transportation concurrency management

10  system, a local government shall, by December 1, 2006, include

11  methodologies that will be applied to calculate proportionate

12  fair-share mitigation. A developer may choose to satisfy all

13  transportation concurrency requirements by contributing or

14  paying proportionate fair-share mitigation if transportation

15  facilities or facility segments identified as mitigation for

16  traffic impacts are specifically identified for funding in the

17  5-year schedule of capital improvements in the capital

18  improvements element of the local plan or the long-term

19  concurrency management system or if such contributions or

20  payments to such facilities or segments are reflected in the

21  5-year schedule of capital improvements in the next regularly

22  scheduled update of the capital improvements element. Updates

23  to the 5-year capital improvements element which reflect

24  proportionate fair-share contributions may not be found not in

25  compliance based on ss. 163.3164(32) 163.164(32) and

26  163.3177(3) if additional contributions, payments or funding

27  sources are reasonably anticipated during a period not to

28  exceed 10 years to fully mitigate impacts on the

29  transportation facilities.

30         2.  Proportionate fair-share mitigation shall be

31  applied as a credit against impact fees to the extent that all

                                  13

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  or a portion of the proportionate fair-share mitigation is

 2  used to address the same capital infrastructure improvements

 3  contemplated by the local government's impact fee ordinance.

 4         Section 3.  Subsection (17) of section 163.3184,

 5  Florida Statutes, is amended to read:

 6         163.3184  Process for adoption of comprehensive plan or

 7  plan amendment.--

 8         (17)  A local government that has adopted a community

 9  vision and urban service boundary under s. 163.3177(13) s.

10  163.31773(13) and (14) may adopt a plan amendment related to

11  map amendments solely to property within an urban service

12  boundary in the manner described in subsections (1), (2), (7),

13  (14), (15), and (16) and s. 163.3187(1)(c)1.d. and e., 2., and

14  3., such that state and regional agency review is eliminated.

15  The department may not issue an objections, recommendations,

16  and comments report on proposed plan amendments or a notice of

17  intent on adopted plan amendments; however, affected persons,

18  as defined by paragraph (1)(a), may file a petition for

19  administrative review pursuant to the requirements of s.

20  163.3187(3)(a) to challenge the compliance of an adopted plan

21  amendment. This subsection does not apply to any amendment

22  within an area of critical state concern, to any amendment

23  that increases residential densities allowable in high-hazard

24  coastal areas as defined in s. 163.3178(2)(h), or to a text

25  change to the goals, policies, or objectives of the local

26  government's comprehensive plan. Amendments submitted under

27  this subsection are exempt from the limitation on the

28  frequency of plan amendments in s. 163.3187.

29         Section 4.  Paragraph (a) of subsection (3) of section

30  163.3247, Florida Statutes, is amended to read:

31  

                                  14

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         163.3247  Century Commission for a Sustainable

 2  Florida.--

 3         (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;

 4  CREATION; ORGANIZATION.--The Century Commission for a

 5  Sustainable Florida is created as a standing body to help the

 6  citizens of this state envision and plan their collective

 7  future with an eye towards both 25-year and 50-year horizons.

 8         (a)  The commission shall consist of 21 15 members, 7 5

 9  appointed by the Governor, 7 5 appointed by the President of

10  the Senate, and 7 5 appointed by the Speaker of the House of

11  Representatives. Appointments shall be made no later than

12  August 1, 2006 October 1, 2005. The membership must represent

13  local governments, school boards, developers and homebuilders,

14  the business community, the agriculture community, the

15  environmental community, and other appropriate stakeholders.

16  In making the appointments, the Governor, the President of the

17  Senate, and the Speaker of the House of Representatives shall

18  ensure that the membership of the commission reflects the

19  racial, ethnic, and gender diversity, as well as the

20  geographic distribution, of the state's population. One member

21  shall be designated by the Governor as chair of the

22  commission. Any vacancy that occurs on the commission must be

23  filled in the same manner as the original appointment and

24  shall be for the unexpired term of that commission seat.

25  Members shall serve 4-year terms, except that, initially, to

26  provide for staggered terms, the Governor, the President of

27  the Senate, and the Speaker of the House of Representatives

28  shall each appoint one member to serve a 2-year term, three

29  two members to serve 3-year terms, and three two members to

30  serve 4-year terms. All subsequent appointments shall be for

31  4-year terms. An appointee may not serve more than 6 years.

                                  15

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         Section 5.  Subsections (1) and (11) of section 201.15,

 2  Florida Statutes, are amended to read:

 3         201.15  Distribution of taxes collected.--All taxes

 4  collected under this chapter shall be distributed as follows

 5  and shall be subject to the service charge imposed in s.

 6  215.20(1), except that such service charge shall not be levied

 7  against any portion of taxes pledged to debt service on bonds

 8  to the extent that the amount of the service charge is

 9  required to pay any amounts relating to the bonds:

10         (1)  Sixty-two and sixty-three hundredths percent of

11  the remaining taxes collected under this chapter shall be used

12  for the following purposes:

13         (a)  Amounts as shall be necessary to pay the debt

14  service on, or fund debt service reserve funds, rebate

15  obligations, or other amounts payable with respect to

16  Preservation 2000 bonds issued pursuant to s. 375.051 and

17  Florida Forever bonds issued pursuant to s. 215.618, shall be

18  paid into the State Treasury to the credit of the Land

19  Acquisition Trust Fund to be used for such purposes. The

20  amount transferred to the Land Acquisition Trust Fund for such

21  purposes shall not exceed $300 million in fiscal year

22  1999-2000 and thereafter for Preservation 2000 bonds and bonds

23  issued to refund Preservation 2000 bonds, and $300 million in

24  fiscal year 2000-2001 and thereafter for Florida Forever

25  bonds. The annual amount transferred to the Land Acquisition

26  Trust Fund for Florida Forever bonds shall not exceed $30

27  million in the first fiscal year in which bonds are issued.

28  The limitation on the amount transferred shall be increased by

29  an additional $30 million in each subsequent fiscal year, but

30  shall not exceed a total of $300 million in any fiscal year

31  for all bonds issued. It is the intent of the Legislature that

                                  16

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  all bonds issued to fund the Florida Forever Act be retired by

 2  December 31, 2030. Except for bonds issued to refund

 3  previously issued bonds, no series of bonds may be issued

 4  pursuant to this paragraph unless such bonds are approved and

 5  the debt service for the remainder of the fiscal year in which

 6  the bonds are issued is specifically appropriated in the

 7  General Appropriations Act. For purposes of refunding

 8  Preservation 2000 bonds, amounts designated within this

 9  section for Preservation 2000 and Florida Forever bonds may be

10  transferred between the two programs to the extent provided

11  for in the documents authorizing the issuance of the bonds.

12  The Preservation 2000 bonds and Florida Forever bonds shall be

13  equally and ratably secured by moneys distributable to the

14  Land Acquisition Trust Fund pursuant to this section, except

15  to the extent specifically provided otherwise by the documents

16  authorizing the issuance of the bonds. No moneys transferred

17  to the Land Acquisition Trust Fund pursuant to this paragraph,

18  or earnings thereon, shall be used or made available to pay

19  debt service on the Save Our Coast revenue bonds.

20         (b)  The remainder of the moneys distributed under this

21  subsection, after the required payment under paragraph (a),

22  shall be paid into the State Treasury to the credit of the

23  Save Our Everglades Trust Fund in amounts necessary to pay

24  debt service, provide reserves, and pay rebate obligations and

25  other amounts due with respect to bonds issued under s.

26  215.619.

27         (c)  The remainder of the moneys distributed under this

28  subsection, after the required payments under paragraphs (a)

29  and (b), shall be paid into the State Treasury to the credit

30  of the Land Acquisition Trust Fund and may be used for any

31  purpose for which funds deposited in the Land Acquisition

                                  17

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  Trust Fund may lawfully be used. Payments made under this

 2  paragraph shall continue until the cumulative amount credited

 3  to the Land Acquisition Trust Fund for the fiscal year under

 4  this paragraph and paragraph (2)(b) equals 70 percent of the

 5  current official forecast for distributions of taxes collected

 6  under this chapter pursuant to subsection (2). As used in this

 7  paragraph, the term "current official forecast" means the most

 8  recent forecast as determined by the Revenue Estimating

 9  Conference. If the current official forecast for a fiscal year

10  changes after payments under this paragraph have ended during

11  that fiscal year, no further payments are required under this

12  paragraph during the fiscal year.

13         (d)  The remainder of the moneys distributed under this

14  subsection, after the required payments under paragraphs (a),

15  (b), and (c), shall be paid into the State Treasury to the

16  credit of:

17         1.  The State Transportation Trust Fund in the

18  Department of Transportation in the amount of $542 $541.75

19  million in each fiscal year, to be paid in quarterly

20  installments and used for the following specified purposes,

21  notwithstanding any other law to the contrary:

22         a.  For the purposes of capital funding for the New

23  Starts Transit Program, authorized by Title 49, U.S.C. s. 5309

24  and specified in s. 341.051, 10 percent of these funds;

25         b.  For the purposes of the Small County Outreach

26  Program specified in s. 339.2818, 5 percent of these funds;

27         c.  For the purposes of the Strategic Intermodal System

28  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75

29  percent of these funds after allocating for the New Starts

30  Transit Program described in sub-subparagraph a. and the Small

31  County Outreach Program described in sub-subparagraph b.; and

                                  18

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         d.  For the purposes of the Transportation Regional

 2  Incentive Program specified in s. 339.2819, 25 percent of

 3  these funds after allocating for the New Starts Transit

 4  Program described in sub-subparagraph a. and the Small County

 5  Outreach Program described in sub-subparagraph b.

 6         2.  The Water Protection and Sustainability Program

 7  Trust Fund in the Department of Environmental Protection in

 8  the amount of $100 million in each fiscal year, to be paid in

 9  quarterly installments and used as required by s. 403.890.

10         3.  The Public Education Capital Outlay and Debt

11  Service Trust Fund in the Department of Education in the

12  amount of $105 million in each fiscal year, to be paid in

13  monthly installments with $75 million used to fund the

14  Classrooms for Kids Program created in s. 1013.735, and $30

15  million to be used to fund the High Growth County District

16  Capital Outlay Assistance Grant Program created in s.

17  1013.738. If required, new facilities constructed under the

18  Classrooms for Kids Program must meet the requirements of s.

19  1013.372.

20         4.  The Grants and Donations Trust Fund in the

21  Department of Community Affairs in the amount of $3 $3.25

22  million in each fiscal year to be paid in monthly

23  installments, with $3 million to be used to fund technical

24  assistance to local governments and school boards on the

25  requirements and implementation of this act and $250,000 to be

26  used to fund the Century Commission established in s.

27  163.3247.

28  

29  Moneys distributed pursuant to this paragraph may not be

30  pledged for debt service unless such pledge is approved by

31  referendum of the voters.

                                  19

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         (e)  The remainder of the moneys distributed under this

 2  subsection, after the required payments under paragraphs (a),

 3  (b), (c), and (d), shall be paid into the State Treasury to

 4  the credit of the General Revenue Fund of the state to be used

 5  and expended for the purposes for which the General Revenue

 6  Fund was created and exists by law or to the Ecosystem

 7  Management and Restoration Trust Fund or to the Marine

 8  Resources Conservation Trust Fund as provided in subsection

 9  (11).

10         (11)  From the moneys specified in paragraphs (1)(e)

11  (1)(d) and (2)(a) and prior to deposit of any moneys into the

12  General Revenue Fund, $30 million shall be paid into the State

13  Treasury to the credit of the Ecosystem Management and

14  Restoration Trust Fund in fiscal year 2000-2001 and each

15  fiscal year thereafter, to be used for the preservation and

16  repair of the state's beaches as provided in ss.

17  161.091-161.212, and $2 million shall be paid into the State

18  Treasury to the credit of the Marine Resources Conservation

19  Trust Fund to be used for marine mammal care as provided in s.

20  370.0603(3).

21         Section 6.  Effective July 1, 2007, section 201.15,

22  Florida Statutes, as amended by section 1 of chapter 2005-92,

23  Laws of Florida, and section 26 of chapter 2005-290, Laws of

24  Florida, is amended to read:

25         201.15  Distribution of taxes collected.--All taxes

26  collected under this chapter shall be distributed as follows

27  and shall be subject to the service charge imposed in s.

28  215.20(1), except that such service charge shall not be levied

29  against any portion of taxes pledged to debt service on bonds

30  to the extent that the amount of the service charge is

31  required to pay any amounts relating to the bonds:

                                  20

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         (1)  Sixty-two and sixty-three hundredths percent of

 2  the remaining taxes collected under this chapter shall be used

 3  for the following purposes:

 4         (a)  Amounts as shall be necessary to pay the debt

 5  service on, or fund debt service reserve funds, rebate

 6  obligations, or other amounts payable with respect to

 7  Preservation 2000 bonds issued pursuant to s. 375.051 and

 8  Florida Forever bonds issued pursuant to s. 215.618, shall be

 9  paid into the State Treasury to the credit of the Land

10  Acquisition Trust Fund to be used for such purposes. The

11  amount transferred to the Land Acquisition Trust Fund shall

12  not exceed $300 million in fiscal year 1999-2000 and

13  thereafter for Preservation 2000 bonds and bonds issued to

14  refund Preservation 2000 bonds, and $300 million in fiscal

15  year 2000-2001 and thereafter for Florida Forever bonds. The

16  annual amount transferred to the Land Acquisition Trust Fund

17  for Florida Forever bonds shall not exceed $30 million in the

18  first fiscal year in which bonds are issued. The limitation on

19  the amount transferred shall be increased by an additional $30

20  million in each subsequent fiscal year, but shall not exceed a

21  total of $300 million in any fiscal year for all bonds issued.

22  It is the intent of the Legislature that all bonds issued to

23  fund the Florida Forever Act be retired by December 31, 2030.

24  Except for bonds issued to refund previously issued bonds, no

25  series of bonds may be issued pursuant to this paragraph

26  unless such bonds are approved and the debt service for the

27  remainder of the fiscal year in which the bonds are issued is

28  specifically appropriated in the General Appropriations Act.

29  For purposes of refunding Preservation 2000 bonds, amounts

30  designated within this section for Preservation 2000 and

31  Florida Forever bonds may be transferred between the two

                                  21

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  programs to the extent provided for in the documents

 2  authorizing the issuance of the bonds. The Preservation 2000

 3  bonds and Florida Forever bonds shall be equally and ratably

 4  secured by moneys distributable to the Land Acquisition Trust

 5  Fund pursuant to this section, except to the extent

 6  specifically provided otherwise by the documents authorizing

 7  the issuance of the bonds. No moneys transferred to the Land

 8  Acquisition Trust Fund pursuant to this paragraph, or earnings

 9  thereon, shall be used or made available to pay debt service

10  on the Save Our Coast revenue bonds.

11         (b)  The remainder of the moneys distributed under this

12  subsection, after the required payment under paragraph (a),

13  shall be paid into the State Treasury to the credit of the

14  Save Our Everglades Trust Fund in amounts necessary to pay

15  debt service, provide reserves, and pay rebate obligations and

16  other amounts due with respect to bonds issued under s.

17  215.619.

18         (c)  The remainder of the moneys distributed under this

19  subsection, after the required payments under paragraphs (a)

20  and (b), shall be paid into the State Treasury to the credit

21  of the Land Acquisition Trust Fund and may be used for any

22  purpose for which funds deposited in the Land Acquisition

23  Trust Fund may lawfully be used. Payments made under this

24  paragraph shall continue until the cumulative amount credited

25  to the Land Acquisition Trust Fund for the fiscal year under

26  this paragraph and paragraph (2)(b) equals 70 percent of the

27  current official forecast for distributions of taxes collected

28  under this chapter pursuant to subsection (2). As used in this

29  paragraph, the term "current official forecast" means the most

30  recent forecast as determined by the Revenue Estimating

31  Conference. If the current official forecast for a fiscal year

                                  22

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  changes after payments under this paragraph have ended during

 2  that fiscal year, no further payments are required during the

 3  fiscal year.

 4         (d)  The remainder of the moneys distributed under this

 5  subsection, after the required payments under paragraphs (a),

 6  (b), and (c), shall be paid into the State Treasury to the

 7  credit of:

 8         1.  The State Transportation Trust Fund in the

 9  Department of Transportation in the amount of $542 $541.75

10  million in each fiscal year, to be paid in quarterly

11  installments and used for the following specified purposes,

12  notwithstanding any other law to the contrary:

13         a.  For the purposes of capital funding for the New

14  Starts Transit Program, authorized by Title 49, U.S.C. s. 5309

15  and specified in s. 341.051, 10 percent of these funds;

16         b.  For the purposes of the Small County Outreach

17  Program specified in s. 339.2818, 5 percent of these funds;

18         c.  For the purposes of the Strategic Intermodal System

19  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75

20  percent of these funds after allocating for the New Starts

21  Transit Program described in sub-subparagraph a. and the Small

22  County Outreach Program described in sub-subparagraph b.; and

23         d.  For the purposes of the Transportation Regional

24  Incentive Program specified in s. 339.2819, 25 percent of

25  these funds after allocating for the New Starts Transit

26  Program described in sub-subparagraph a. and the Small County

27  Outreach Program described in sub-subparagraph b.

28         2.  The Water Protection and Sustainability Program

29  Trust Fund in the Department of Environmental Protection in

30  the amount of $100 million in each fiscal year, to be paid in

31  quarterly installments and used as required by s. 403.890.

                                  23

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         3.  The Public Education Capital Outlay and Debt

 2  Service Trust Fund in the Department of Education in the

 3  amount of $105 million in each fiscal year, to be paid in

 4  monthly installments with $75 million used to fund the

 5  Classrooms for Kids Program created in s. 1013.735, and $30

 6  million to be used to fund the High Growth County District

 7  Capital Outlay Assistance Grant Program created in s.

 8  1013.738. If required, new facilities constructed under the

 9  Classrooms for Kids Program must meet the requirements of s.

10  1013.372.

11         4.  The Grants and Donations Trust Fund in the

12  Department of Community Affairs in the amount of $3 $3.25

13  million in each fiscal year to be paid in monthly

14  installments, with $3 million to be used to fund technical

15  assistance to local governments and school boards on the

16  requirements and implementation of this act and $250,000 to be

17  used to fund the Century Commission established in s.

18  163.3247.

19  

20  Moneys distributed pursuant to this paragraph may not be

21  pledged for debt service unless such pledge is approved by

22  referendum of the voters.

23         (e)  The remainder of the moneys distributed under this

24  subsection, after the required payments under paragraphs (a),

25  (b), (c), and (d) shall be paid into the State Treasury to the

26  credit of the General Revenue Fund to be used and expended for

27  the purposes for which the General Revenue Fund was created

28  and exists by law or to the Ecosystem Management and

29  Restoration Trust Fund or to the Marine Resources Conservation

30  Trust Fund as provided in subsection (11).

31  

                                  24

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         (2)  The lesser of seven and fifty-six hundredths

 2  percent of the remaining taxes collected under this chapter or

 3  $84.9 million in each fiscal year shall be used for the

 4  following purposes:

 5         (a)  Beginning in the month following the final payment

 6  for a fiscal year under paragraph (1)(c), available moneys

 7  shall be paid into the State Treasury to the credit of the

 8  General Revenue Fund to be used and expended for the purposes

 9  for which the General Revenue Fund was created and exists by

10  law or to the Ecosystem Management and Restoration Trust Fund

11  or to the Marine Resources Conservation Trust Fund as provided

12  in subsection (11). Payments made under this paragraph shall

13  continue until the cumulative amount credited to the General

14  Revenue Fund for the fiscal year under this paragraph equals

15  the cumulative payments made under paragraph (1)(c) for the

16  same fiscal year.

17         (b)  The remainder of the moneys distributed under this

18  subsection shall be paid into the State Treasury to the credit

19  of the Land Acquisition Trust Fund. Sums deposited in the fund

20  pursuant to this subsection may be used for any purpose for

21  which funds deposited in the Land Acquisition Trust Fund may

22  lawfully be used.

23         (3)  The lesser of one and ninety-four hundredths

24  percent of the remaining taxes collected under this chapter or

25  $26 million in each fiscal year shall be paid into the State

26  Treasury to the credit of the Land Acquisition Trust Fund.

27  Moneys deposited in the trust fund pursuant to this section

28  shall be used to acquire coastal lands or to pay debt service

29  on bonds issued to acquire coastal lands and to develop and

30  manage lands acquired with moneys from the Land Acquisition

31  Trust Fund.

                                  25

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         (4)  The lesser of four and two-tenths percent of the

 2  remaining taxes collected under this chapter or $60.5 million

 3  in each fiscal year shall be paid into the State Treasury to

 4  the credit of the Water Management Lands Trust Fund. Sums

 5  deposited in that fund may be used for any purpose authorized

 6  in s. 373.59.

 7         (5)  Four and two-tenths percent of the remaining taxes

 8  collected under this chapter shall be paid into the State

 9  Treasury to the credit of the Conservation and Recreation

10  Lands Trust Fund to carry out the purposes set forth in s.

11  259.032. Nine and one-half percent of the amount credited to

12  the Conservation and Recreation Lands Trust Fund pursuant to

13  this subsection shall be transferred to the State Game Trust

14  Fund and used for land management activities.

15         (6)  The lesser of two and twenty-eight hundredths

16  percent of the remaining taxes collected under this chapter or

17  $36.1 million in each fiscal year shall be paid into the State

18  Treasury to the credit of the Invasive Plant Control Trust

19  Fund to carry out the purposes set forth in ss. 369.22 and

20  369.252.

21         (7)  The lesser of one-half of one percent of the

22  remaining taxes collected under this chapter or $9.3 million

23  in each fiscal year shall be paid into the State Treasury to

24  the credit of the State Game Trust Fund to be used exclusively

25  for the purpose of implementing the Lake Restoration 2020

26  Program.

27         (8)  One-half of one percent of the remaining taxes

28  collected under this chapter shall be paid into the State

29  Treasury and divided equally to the credit of the Department

30  of Environmental Protection Water Quality Assurance Trust Fund

31  to address water quality impacts associated with

                                  26

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  nonagricultural nonpoint sources and to the credit of the

 2  Department of Agriculture and Consumer Services General

 3  Inspection Trust Fund to address water quality impacts

 4  associated with agricultural nonpoint sources, respectively.

 5  These funds shall be used for research, development,

 6  demonstration, and implementation of suitable best management

 7  practices or other measures used to achieve water quality

 8  standards in surface waters and water segments identified

 9  pursuant to ss. 303(d) of the Clean Water Act, Pub. L. No.

10  92-500, 33 U.S.C. ss. 1251 et seq. Implementation of best

11  management practices and other measures may include cost-share

12  grants, technical assistance, implementation tracking, and

13  conservation leases or other agreements for water quality

14  improvement. The Department of Environmental Protection and

15  the Department of Agriculture and Consumer Services may adopt

16  rules governing the distribution of funds for implementation

17  of best management practices. The unobligated balance of funds

18  received from the distribution of taxes collected under this

19  chapter to address water quality impacts associated with

20  nonagricultural nonpoint sources will be excluded when

21  calculating the unobligated balance of the Water Quality

22  Assurance Trust Fund as it relates to the determination of the

23  applicable excise tax rate.

24         (9)  The lesser of seven and fifty-three hundredths

25  percent of the remaining taxes collected under this chapter or

26  $107 million in each fiscal year shall be paid into the State

27  Treasury to the credit of the State Housing Trust Fund and

28  shall be used as follows:

29         (a)  Half of that amount shall be used for the purposes

30  for which the State Housing Trust Fund was created and exists

31  by law.

                                  27

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         (b)  Half of that amount shall be paid into the State

 2  Treasury to the credit of the Local Government Housing Trust

 3  Fund and shall be used for the purposes for which the Local

 4  Government Housing Trust Fund was created and exists by law.

 5         (10)  The lesser of eight and sixty-six hundredths

 6  percent of the remaining taxes collected under this chapter or

 7  $136 million in each fiscal year shall be paid into the State

 8  Treasury to the credit of the State Housing Trust Fund and

 9  shall be used as follows:

10         (a)  Twelve and one-half percent of that amount shall

11  be deposited into the State Housing Trust Fund and be expended

12  by the Department of Community Affairs and by the Florida

13  Housing Finance Corporation for the purposes for which the

14  State Housing Trust Fund was created and exists by law.

15         (b)  Eighty-seven and one-half percent of that amount

16  shall be distributed to the Local Government Housing Trust

17  Fund and shall be used for the purposes for which the Local

18  Government Housing Trust Fund was created and exists by law.

19  Funds from this category may also be used to provide for state

20  and local services to assist the homeless.

21         (11)  From the moneys specified in paragraphs (1)(e)

22  (1)(d) and (2)(a) and prior to deposit of any moneys into the

23  General Revenue Fund, $30 million shall be paid into the State

24  Treasury to the credit of the Ecosystem Management and

25  Restoration Trust Fund in fiscal year 2000-2001 and each

26  fiscal year thereafter, to be used for the preservation and

27  repair of the state's beaches as provided in ss.

28  161.091-161.212, and $2 million shall be paid into the State

29  Treasury to the credit of the Marine Resources Conservation

30  Trust Fund to be used for marine mammal care as provided in s.

31  370.0603(3).

                                  28

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         (12)  The Department of Revenue may use the payments

 2  credited to trust funds pursuant to paragraphs (1)(c) and

 3  (2)(b) and subsections (3), (4), (5), (6), (7), (8), (9), and

 4  (10) to pay the costs of the collection and enforcement of the

 5  tax levied by this chapter. The percentage of such costs which

 6  may be assessed against a trust fund is a ratio, the numerator

 7  of which is payments credited to that trust fund under this

 8  section and the denominator of which is the sum of payments

 9  made under paragraphs (1)(c) and (2)(b) and subsections (3),

10  (4), (5), (6), (7), (8), (9), and (10).

11         (13)  The distribution of proceeds deposited into the

12  Water Management Lands Trust Fund and the Conservation and

13  Recreation Lands Trust Fund, pursuant to subsections (4) and

14  (5), shall not be used for land acquisition, but may be used

15  for preacquisition costs associated with land purchases. The

16  Legislature intends that the Florida Forever program supplant

17  the acquisition programs formerly authorized under ss. 259.032

18  and 373.59. Prior to the 2005 Regular Session of the

19  Legislature, the Acquisition and Restoration Council shall

20  review and make recommendations to the Legislature concerning

21  the need to repeal this provision. Based on these

22  recommendations, the Legislature shall review the need to

23  repeal this provision during the 2005 Regular Session.

24         (14)  Amounts distributed pursuant to subsections (5),

25  (6), (7), and (8) are subject to the payment of debt service

26  on outstanding Conservation and Recreation Lands revenue

27  bonds.

28         (15)  Beginning July 1, 2008, in each fiscal year that

29  the remaining taxes collected under this chapter exceed such

30  collections in the prior fiscal year, the stated maximum

31  dollar amounts provided in subsections (2), (4), (6), (7),

                                  29

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  (9), and (10) shall each be increased by an amount equal to 10

 2  percent of the increase in the remaining taxes collected under

 3  this chapter multiplied by the applicable percentage provided

 4  in those subsections.

 5         (16)  If the payment requirements in any year for bonds

 6  outstanding on July 1, 2007, or bonds issued to refund such

 7  bonds, exceed the limitations of this section, distributions

 8  to the trust fund from which the bond payments are made shall

 9  be increased to the lesser of the amount needed to pay bond

10  obligations or the limit of the applicable percentage

11  distribution provided in subsections (1)-(12).

12         (17)  Distributions to the State Housing Trust Fund

13  pursuant to subsections (9) and (10) shall be sufficient to

14  cover amounts required to be transferred to the Florida

15  Affordable Housing Guarantee Program's annual debt service

16  reserve and guarantee fund pursuant to s. 420.5092(6)(a) and

17  (b) up to but not exceeding the amount required to be

18  transferred to such reserve and fund based on the percentage

19  distribution of documentary stamp tax revenues to the State

20  Housing Trust Fund which is in effect in the 2004-2005 fiscal

21  year.

22         (18)  The remaining taxes collected under this chapter,

23  after the distributions provided in the preceding subsections,

24  shall be paid into the State Treasury to the credit of the

25  General Revenue Fund.

26         Section 7.  Paragraph (a) of subsection (4) of section

27  339.2819, Florida Statutes, is amended to read:

28         339.2819  Transportation Regional Incentive Program.--

29         (4)(a)  Projects to be funded with Transportation

30  Regional Incentive Program funds shall, at a minimum:

31  

                                  30

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         1.  Support those transportation facilities that serve

 2  national, statewide, or regional functions and function as an

 3  integrated regional transportation system.

 4         2.  Be identified in the capital improvements element

 5  of a comprehensive plan that has been determined to be in

 6  compliance with part II of chapter 163, after July 1, 2005, or

 7  to implement a long-term concurrency management system adopted

 8  by a local government in accordance with s. 163.3180(9) s.

 9  163.3177(9). Further, the project shall be in compliance with

10  local government comprehensive plan policies relative to

11  corridor management.

12         3.  Be consistent with the Strategic Intermodal System

13  Plan developed under s. 339.64.

14         4.  Have a commitment for local, regional, or private

15  financial matching funds as a percentage of the overall

16  project cost.

17         Section 8.  Paragraph (a) of subsection (2) of section

18  1013.65, Florida Statutes, is amended to read:

19         1013.65  Educational and ancillary plant construction

20  funds; Public Education Capital Outlay and Debt Service Trust

21  Fund; allocation of funds.--

22         (2)(a)  The Public Education Capital Outlay and Debt

23  Service Trust Fund shall be comprised of the following

24  sources, which are hereby appropriated to the trust fund:

25         1.  Proceeds, premiums, and accrued interest from the

26  sale of public education bonds and that portion of the

27  revenues accruing from the gross receipts tax as provided by

28  s. 9(a)(2), Art. XII of the State Constitution, as amended,

29  interest on investments, and federal interest subsidies.

30         2.  General revenue funds appropriated to the fund for

31  educational capital outlay purposes.

                                  31

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         3.  All capital outlay funds previously appropriated

 2  and certified forward pursuant to s. 216.301.

 3         4.a.  Funds paid pursuant to s. 201.15(1)(d).

 4         b.  The sum of $105 $41.75 million of such funds shall

 5  be appropriated annually for expenditure to fund the

 6  Classrooms for Kids Program created in s. 1013.735 and shall

 7  be distributed as provided by that section.

 8         Section 9.  Subsections (1) and (3) of section

 9  1013.738, Florida Statutes, are amended to read:

10         1013.738  High Growth District Capital Outlay

11  Assistance Grant Program.--

12         (1)  Subject to funds provided in the General

13  Appropriations Act, The High Growth District Capital Outlay

14  Assistance Grant Program is hereby established. Funds provided

15  pursuant to this section may only be used to construct new

16  student stations.

17         (3)  The funds appropriated for the program provided in

18  the General Appropriations Act shall be allocated pursuant to

19  the following methodology:

20         (a)  For each eligible district, the Department of

21  Education shall calculate the value of 50 percent of the

22  revenue derived from the 2-mill nonvoted discretionary capital

23  outlay millage for the past 4 fiscal years divided by the

24  increase in capital outlay FTE students for the same period.

25         (b)  The Department of Education shall determine, for

26  each eligible district, the amount that must be added to the

27  value calculated pursuant to paragraph (a) to produce the

28  weighted average value per student station calculated pursuant

29  to paragraph (2)(b).

30         (c)  The value calculated for each eligible district

31  pursuant to paragraph (b) shall be multiplied by the average

                                  32

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1  increase in capital outlay FTE students for the past 4 fiscal

 2  years to determine the maximum amount of a grant that may be

 3  awarded to a district pursuant to this section.

 4         (d)  If In the event the funds appropriated for the

 5  program provided in the General Appropriations Act are

 6  insufficient to fully fund the maximum grants calculated

 7  pursuant to paragraph (c), the Department of Education shall

 8  allocate the funds based on each district's prorated share of

 9  the total maximum award amount calculated for all eligible

10  districts.

11         Section 10.  Effective upon this act becoming a law,

12  $250,000 of the moneys distributed to the Grants and Donations

13  Trust Fund in the Department of Community Affairs under s.

14  201.15, Florida Statutes, which were appropriated in section

15  40 of chapter 2005-290, Laws of Florida, and vetoed for the

16  2005-2006 fiscal year, is distributed to and appropriated on a

17  nonrecurring basis for the 2005-2006 fiscal year to the State

18  Transportation Trust Fund in the Department of Transportation

19  to be used for the purposes of the Strategic Intermodal System

20  specified in ss. 339.61, 339.62, 339.63, and 339.64, Florida

21  Statutes.

22         Section 11.  Effective upon this act becoming a law,

23  the $200 million appropriated in paragraph (a) of subsection

24  (2) of section 27 of chapter 2005-290, Laws of Florida, to the

25  State Transportation Trust Fund in the Department of

26  Transportation to be used for the purposes specified in ss.

27  339.61, 339.62, 339.63, and 339.64, Florida Statutes, is

28  reduced to $175 million for the 2005-2006 fiscal year with the

29  remaining $25 million to be returned to the General Revenue

30  Fund.

31  

                                  33

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






    Florida Senate - 2006                                  SB 1858
    578-1012C-06




 1         Section 12.  Effective upon this act becoming a law,

 2  the $30 million appropriated in s. 1013.65(2)(a)4.c., Florida

 3  Statutes, as provided by section 25 of chapter 2005-290, Laws

 4  of Florida, which was vetoed for the 2005-2006 fiscal year,

 5  which sum is in the Public Education Capital Outlay and Debt

 6  Service Trust Fund in the Department of Education, is

 7  appropriated for the 2005-2006 fiscal year on a nonrecurring

 8  basis to the Classrooms for Kids Program created in s.

 9  1013.735, Florida Statutes.

10         Section 13.  Except as otherwise expressly provided in

11  this act and except for this section, which shall take effect

12  upon becoming a law, this act shall take effect July 1, 2006.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Relates to growth management. Expands from 15 to 21 the
      membership of the Century Commission for a Sustainable
17    Florida. Revises the date for completion of appointments
      to the commission. Deletes obsolete provisions relating
18    to the High Growth District Capital Outlay Assistance
      Grant Program. Appropriates an additional sum to fund the
19    Classrooms for Kids Program. Deletes obsolete provisions
      relating to certain recurring funding for the Century
20    Commission. Provides an additional sum to the State
      Transportation Trust Fund for specified purposes.
21    Increases the amount appropriated from the Public
      Education Capital Outlay and Debt Service Trust Fund to
22    fund the Classrooms for Kids Program. Amends
      prerequisites to the establishment and funding of the
23    High Growth District Capital Outlay Assistance Grant
      Program. Appropriates a sum that was vetoed for the
24    2005-2006 fiscal year to the State Transportation Trust
      Fund in the Department of Transportation on a
25    nonrecurring basis for the 2005-2006 fiscal year for the
      purposes of the Strategic Intermodal System. Reduces the
26    amount appropriated in section 27 of chapter 2005-290,
      Laws of Florida, to the State Transportation Trust Fund
27    in the Department of Transportation for the 2005-2006
      fiscal year. Appropriates a sum for the High Growth
28    District Capital Outlay Assistance Grant Program, which
      was vetoed for the 2005-2006 fiscal year, which sum is in
29    the Public Education Capital Outlay and Debt Service
      Trust Fund in the Department of Education, for the
30    2005-2006 fiscal year on a nonrecurring basis to the
      Classrooms for Kids Program.
31  

                                  34

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