Senate Bill sb1858c2

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

    By the Committees on Government Efficiency Appropriations; and
    Community Affairs




    593-2403-06

  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         s. 163.3164, F.S.; conforming terminology;

  4         amending s. 163.3177, F.S.; correcting a

  5         cross-reference; amending s. 163.3180, F.S.;

  6         correcting cross-references; conforming

  7         terminology; amending s. 163.3184, F.S.;

  8         correcting a cross-reference; amending s.

  9         163.3247, F.S.; expanding the membership of the

10         Century Commission for a Sustainable Florida;

11         revising the date for completion of

12         appointments to the commission; amending s.

13         339.2819, F.S.; correcting a cross-reference;

14         repealing s. 339.55(10), F.S., which

15         appropriates certain funds to the State

16         Infrastructure Bank from the State

17         Transportation Trust Fund; amending s. 380.06,

18         F.S.; conforming terminology; amending s.

19         1013.65, F.S.; revising the sum appropriated

20         for the Classrooms for Kids Program; providing

21         a continuing appropriation for the High Growth

22         District Capital Outlay Assistance Grant

23         Program; amending s. 1013.738, F.S.; revising

24         the prerequisites to the establishment of the

25         High Growth District Capital Outlay Assistance

26         Grant Program; revising the eligibility

27         criteria for the program; revising provisions

28         for allocation of funds provided by the General

29         Appropriations Act to the Public Education

30         Capital Outlay and Debt Service Trust Fund;

31         reducing the amount appropriated in section 27

                                  1

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1         of chapter 2005-290, Laws of Florida, to the

 2         State Transportation Trust Fund in the

 3         Department of Transportation for the 2005-2006

 4         fiscal year; providing an appropriation;

 5         providing an effective date.

 6  

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

 8  

 9         Section 1.  Subsection (32) of section 163.3164,

10  Florida Statutes, is amended to read:

11         163.3164  Local Government Comprehensive Planning and

12  Land Development Regulation Act; definitions.--As used in this

13  act:

14         (32)  "Financial feasibility" means that sufficient

15  revenues are currently available or will be available from

16  committed funding sources for the first 3 years, or will be

17  available from committed or planned funding sources for years

18  4 and 5, of a 5-year capital improvement schedule for

19  financing capital improvements, such as ad valorem taxes,

20  bonds, state and federal funds, tax revenues, impact fees, and

21  developer contributions, which are adequate to fund the

22  projected costs of the capital improvements identified in the

23  comprehensive plan necessary to ensure that adopted

24  level-of-service standards are achieved and maintained within

25  the period covered by the 5-year schedule of capital

26  improvements. The requirement that level-of-service standards

27  be achieved and maintained shall not apply if the

28  proportionate fair-share mitigation proportionate-share

29  process set forth in s. 163.3180(12) and (16) is used.

30         Section 2.  Paragraph (c) of subsection (13) of section

31  163.3177, Florida Statutes, is amended to read:

                                  2

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1         163.3177  Required and optional elements of

 2  comprehensive plan; studies and surveys.--

 3         (13)  Local governments are encouraged to develop a

 4  community vision that provides for sustainable growth,

 5  recognizes its fiscal constraints, and protects its natural

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

 7  applicable regional planning council shall provide assistance

 8  in the development of a community vision.

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

10  local government must discuss strategies for addressing the

11  topics discussed under paragraph (b), including:

12         1.  Strategies to preserve open space and

13  environmentally sensitive lands, and to encourage a healthy

14  agricultural economy, including innovative planning and

15  development strategies, such as the transfer of development

16  rights;

17         2.  Incentives for mixed-use development, including

18  increased height and intensity standards for buildings that

19  provide residential use in combination with office or

20  commercial space;

21         3.  Incentives for workforce housing;

22         4.  Designation of an urban service boundary pursuant

23  to subsection (14) (2); and

24         5.  Strategies to provide mobility within the community

25  and to protect the Strategic Intermodal System, including the

26  development of a transportation corridor management plan under

27  s. 337.273.

28         Section 3.  Subsection (13) and paragraphs (b), (c),

29  and (f) of subsection (16) of section 163.3180, Florida

30  Statutes, are amended to read:

31         163.3180  Concurrency.--

                                  3

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 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  

                                  4

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1  Code, necessary to implement the adopted local government

 2  comprehensive plan, based on data and analysis.

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

 4  included and adopted into the capital improvements element of

 5  the local comprehensive plan and shall apply districtwide to

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

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

 8  purpose facilities such as magnet schools.

 9         3.  Local governments and school boards shall have the

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

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

12  circumstances warrant.

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

14  essential requirement for a concurrency system is a

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

16  be measured when an application for a residential development

17  permit is reviewed for school concurrency purposes. This

18  delineation is also important for purposes of determining

19  whether the local government has a financially feasible public

20  school capital facilities program that will provide schools

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

22  standards.

23         1.  In order to balance competing interests, preserve

24  the constitutional concept of uniformity, and avoid disruption

25  of existing educational and growth management processes, local

26  governments are encouraged to initially apply school

27  concurrency to development only on a districtwide basis so

28  that a concurrency determination for a specific development

29  will be based upon the availability of school capacity

30  districtwide. To ensure that development is coordinated with

31  schools having available capacity, within 5 years after

                                  5

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1  adoption of school concurrency, local governments shall apply

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

 3  using school attendance zones or concurrency service areas, as

 4  provided in subparagraph 2.

 5         2.  For local governments applying school concurrency

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

 7  attendance zones or larger school concurrency service areas,

 8  local governments and school boards shall have the burden to

 9  demonstrate that the utilization of school capacity is

10  maximized to the greatest extent possible in the comprehensive

11  plan and amendment, taking into account transportation costs

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

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

14  the service area boundaries selected by local governments and

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

16  standards for establishing those boundaries, shall be

17  identified and included as supporting data and analysis for

18  the comprehensive plan.

19         3.  Where school capacity is available on a

20  districtwide basis but school concurrency is applied on a less

21  than districtwide basis in the form of concurrency service

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

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

24  a development permit and if the needed capacity for the

25  particular service area is available in one or more contiguous

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

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

28  final subdivision approval or the functional equivalent for a

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

30  concurrency, and if issued, development impacts shall be

31  

                                  6

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1  shifted to contiguous service areas with schools having

 2  available capacity.

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

 4  that financial feasibility is an important issue because the

 5  premise of concurrency is that the public facilities will be

 6  provided in order to achieve and maintain the adopted

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

 8  Administrative Code, contain specific standards to determine

 9  the financial feasibility of capital programs. These standards

10  were adopted to make concurrency more predictable and local

11  governments more accountable.

12         1.  A comprehensive plan amendment seeking to impose

13  school concurrency shall contain appropriate amendments to the

14  capital improvements element of the comprehensive plan,

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

16  9J-5.016, Florida Administrative Code. The capital

17  improvements element shall set forth a financially feasible

18  public school capital facilities program, established in

19  conjunction with the school board, that demonstrates that the

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

21  maintained.

22         2.  Such amendments shall demonstrate that the public

23  school capital facilities program meets all of the financial

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

25  Administrative Code, that apply to capital programs which

26  provide the basis for mandatory concurrency on other public

27  facilities and services.

28         3.  When the financial feasibility of a public school

29  capital facilities program is evaluated by the state land

30  planning agency for purposes of a compliance determination,

31  

                                  7

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1  the evaluation shall be based upon the service areas selected

 2  by the local governments and school board.

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

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

 5  site plan, final subdivision approval, or the functional

 6  equivalent for a development or phase of a development

 7  authorizing residential development for failure to achieve and

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

 9  capacity in a local school concurrency management system where

10  adequate school facilities will be in place or under actual

11  construction within 3 years after the issuance of final

12  subdivision or site plan approval, or the functional

13  equivalent. School concurrency shall be satisfied if the

14  developer executes a legally binding commitment to provide

15  proportionate fair-share mitigation proportionate to the

16  demand for public school facilities to be created by actual

17  development of the property, including, but not limited to,

18  the options described in subparagraph 1. Options for

19  proportionate fair-share proportionate-share mitigation of

20  impacts on public school facilities shall be established in

21  the public school facilities element and the interlocal

22  agreement pursuant to s. 163.31777.

23         1.  Appropriate proportionate fair-share mitigation

24  options include the contribution of land; the construction,

25  expansion, or payment for land acquisition or construction of

26  a public school facility; or the creation of mitigation

27  banking based on the construction of a public school facility

28  in exchange for the right to sell capacity credits. Such

29  options must include execution by the applicant and the local

30  government of a binding development agreement that constitutes

31  a legally binding commitment to pay proportionate fair-share

                                  8

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1  proportionate-share mitigation for the additional residential

 2  units approved by the local government in a development order

 3  and actually developed on the property, taking into account

 4  residential density allowed on the property prior to the plan

 5  amendment that increased overall residential density. The

 6  district school board shall be a party to such an agreement.

 7  As a condition of its entry into such a development agreement,

 8  the local government may require the landowner to agree to

 9  continuing renewal of the agreement upon its expiration.

10         2.  If the education facilities plan and the public

11  educational facilities element authorize a contribution of

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

13  acquisition; or the construction or expansion of a public

14  school facility, or a portion thereof, as proportionate

15  fair-share proportionate-share mitigation, the local

16  government shall credit such a contribution, construction,

17  expansion, or payment toward any other impact fee or exaction

18  imposed by local ordinance for the same need, on a

19  dollar-for-dollar basis at fair market value.

20         3.  Any proportionate fair-share proportionate-share

21  mitigation must be directed by the school board toward a

22  school capacity improvement identified in a financially

23  feasible 5-year district work plan and which satisfies the

24  demands created by that development in accordance with a

25  binding developer's agreement.

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

27  local government to deny a development permit or its

28  functional equivalent pursuant to its home rule regulatory

29  powers, except as provided in this part.

30         (f)  Intergovernmental coordination.--

31  

                                  9

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1         1.  When establishing concurrency requirements for

 2  public schools, a local government shall satisfy the

 3  requirements for intergovernmental coordination set forth in

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

 5  required to be a signatory to the interlocal agreement

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

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

 8  a nonsignatory, shall not participate in the adopted local

 9  school concurrency system, if the municipality meets all of

10  the following criteria for having no significant impact on

11  school attendance:

12         a.  The municipality has issued development orders for

13  fewer than 50 residential dwelling units during the preceding

14  5 years, or the municipality has generated fewer than 25

15  additional public school students during the preceding 5

16  years.

17         b.  The municipality has not annexed new land during

18  the preceding 5 years in land use categories which permit

19  residential uses that will affect school attendance rates.

20         c.  The municipality has no public schools located

21  within its boundaries.

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

23  the boundaries of the municipality has been built upon.

24         2.  A municipality that which qualifies as having no

25  significant impact on school attendance pursuant to the

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

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

28  163.3191 whether it continues to meet the criteria pursuant to

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

30  longer meets the criteria, it must adopt appropriate school

31  concurrency goals, objectives, and policies in its plan

                                  10

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1  amendments based on the evaluation and appraisal report, and

 2  enter into the existing interlocal agreement required by ss.

 3  163.3177(6)(h)2. and 163.31777, in order to fully participate

 4  in the school concurrency system.  If such a municipality

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

 6  provisions of s. 163.3191.

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

 8  establishing concurrency requirements for public schools, a

 9  local government must enter into an interlocal agreement that

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

11  163.31777 and the requirements of this subsection. The

12  interlocal agreement shall acknowledge both the school board's

13  constitutional and statutory obligations to provide a uniform

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

15  land use authority of local governments, including their

16  authority to approve or deny comprehensive plan amendments and

17  development orders.  The interlocal agreement shall be

18  submitted to the state land planning agency by the local

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

20  other necessary amendments to the comprehensive plan required

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

22  163.3177(6)(h) and 163.31777, the interlocal agreement shall

23  meet the following requirements:

24         1.  Establish the mechanisms for coordinating the

25  development, adoption, and amendment of each local

26  government's public school facilities element with each other

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

28  districtwide school concurrency system.

29         2.  Establish a process for the development of siting

30  criteria which encourages the location of public schools

31  proximate to urban residential areas to the extent possible

                                  11

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1  and seeks to collocate schools with other public facilities

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

 3  possible.

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

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

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

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

 8  and joint approval by each local government and the school

 9  board of a public school capital facilities program which is

10  financially feasible, and a process and schedule for

11  incorporation of the public school capital facilities program

12  into the local government comprehensive plans on an annual

13  basis.

14         5.  Define the geographic application of school

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

16  than districtwide basis in the form of concurrency service

17  areas, the agreement shall establish criteria and standards

18  for the establishment and modification of school concurrency

19  service areas.  The agreement shall also establish a process

20  and schedule for the mandatory incorporation of the school

21  concurrency service areas and the criteria and standards for

22  establishment of the service areas into the local government

23  comprehensive plans.  The agreement shall ensure maximum

24  utilization of school capacity, taking into account

25  transportation costs and court-approved desegregation plans,

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

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

28  standards for the geographic area of application throughout

29  the 5 years covered by the public school capital facilities

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

31  annual update.

                                  12

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1         6.  Establish a uniform districtwide procedure for

 2  implementing school concurrency which provides for:

 3         a.  The evaluation of development applications for

 4  compliance with school concurrency requirements, including

 5  information provided by the school board on affected schools,

 6  impact on levels of service, and programmed improvements for

 7  affected schools and any options to provide sufficient

 8  capacity;

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

10  comment on the effect of comprehensive plan amendments and

11  rezonings on the public school facilities plan; and

12         c.  The monitoring and evaluation of the school

13  concurrency system.

14         7.  Include provisions relating to amendment of the

15  agreement.

16         8.  A process and uniform methodology for determining

17  proportionate fair-share proportionate-share mitigation

18  pursuant to subparagraph (e)1.

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

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

21  a development permit or its functional equivalent prior to the

22  implementation of school concurrency.

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

24  method by which the impacts of development on transportation

25  facilities can be mitigated by the cooperative efforts of the

26  public and private sectors. The methodology used to calculate

27  proportionate fair-share mitigation under this section shall

28  be as provided for in subsection (12).

29         (b)1.  In its transportation concurrency management

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

31  methodologies that will be applied to calculate proportionate

                                  13

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




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

 2  transportation concurrency requirements by contributing or

 3  paying proportionate fair-share mitigation if transportation

 4  facilities or facility segments identified as mitigation for

 5  traffic impacts are specifically identified for funding in the

 6  5-year schedule of capital improvements in the capital

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

 8  concurrency management system or if such contributions or

 9  payments to such facilities or segments are reflected in the

10  5-year schedule of capital improvements in the next regularly

11  scheduled update of the capital improvements element. Updates

12  to the 5-year capital improvements element which reflect

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

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

15  163.3177(3) if additional contributions, payments or funding

16  sources are reasonably anticipated during a period not to

17  exceed 10 years to fully mitigate impacts on the

18  transportation facilities.

19         2.  Proportionate fair-share mitigation shall be

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

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

22  used to address the same capital infrastructure improvements

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

24         (c)  Proportionate fair-share mitigation includes,

25  without limitation, separately or collectively, private funds,

26  contributions of land, and construction and contribution of

27  facilities and may include public funds as determined by the

28  local government. The fair market value of the proportionate

29  fair-share mitigation shall not differ based on the form of

30  mitigation. A local government may not require a development

31  

                                  14

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1  to pay more than its proportionate fair-share mitigation

 2  contribution regardless of the method of mitigation.

 3         (f)  If In the event the funds in an adopted 5-year

 4  capital improvements element are insufficient to fully fund

 5  construction of a transportation improvement required by the

 6  local government's concurrency management system, a local

 7  government and a developer may still enter into a binding

 8  proportionate fair-share mitigation proportionate-share

 9  agreement authorizing the developer to construct that amount

10  of development on which the proportionate fair-share

11  mitigation share is calculated if the proportionate fair-share

12  mitigation proportionate-share amount in such agreement is

13  sufficient to pay for one or more improvements that which

14  will, in the opinion of the governmental entity or entities

15  maintaining the transportation facilities, significantly

16  benefit the impacted transportation system. The improvement or

17  improvements funded by the proportionate fair-share mitigation

18  proportionate-share component must be adopted into the 5-year

19  capital improvements schedule of the comprehensive plan at the

20  next annual capital improvements element update.

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

22  Florida Statutes, is amended to read:

23         163.3184  Process for adoption of comprehensive plan or

24  plan amendment.--

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

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

27  163.31773(13) and (14) may adopt a plan amendment related to

28  map amendments solely to property within an urban service

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

30  (14), (15), and (16) and s. 163.3187(1)(c)1.d. and e., 2., and

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

                                  15

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1  The department may not issue an objections, recommendations,

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

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

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

 5  administrative review pursuant to the requirements of s.

 6  163.3187(3)(a) to challenge the compliance of an adopted plan

 7  amendment. This subsection does not apply to any amendment

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

 9  that increases residential densities allowable in high-hazard

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

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

12  government's comprehensive plan. Amendments submitted under

13  this subsection are exempt from the limitation on the

14  frequency of plan amendments in s. 163.3187.

15         Section 5.  Paragraph (a) of subsection (3) of section

16  163.3247, Florida Statutes, is amended to read:

17         163.3247  Century Commission for a Sustainable

18  Florida.--

19         (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;

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

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

22  citizens of this state envision and plan their collective

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

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

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

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

27  Representatives. Appointments shall be made no later than

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

29  local governments, school boards, developers and homebuilders,

30  the business community, the agriculture community, the

31  environmental community, and other appropriate stakeholders.

                                  16

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




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

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

 3  ensure that the membership of the commission reflects the

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

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

 6  shall be designated by the Governor as chair of the

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

 8  filled in the same manner as the original appointment and

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

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

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

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

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

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

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

16  4-year terms. An appointee may not serve more than 6 years.

17         Section 6.  Paragraph (a) of subsection (4) of section

18  339.2819, Florida Statutes, is amended to read:

19         339.2819  Transportation Regional Incentive Program.--

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

21  Regional Incentive Program funds shall, at a minimum:

22         1.  Support those transportation facilities that serve

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

24  integrated regional transportation system.

25         2.  Be identified in the capital improvements element

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

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

28  to implement a long-term concurrency management system adopted

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

30  163.3177(9). Further, the project shall be in compliance with

31  

                                  17

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1  local government comprehensive plan policies relative to

 2  corridor management.

 3         3.  Be consistent with the Strategic Intermodal System

 4  Plan developed under s. 339.64.

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

 6  financial matching funds as a percentage of the overall

 7  project cost.

 8         Section 7.  Subsection (10) of section 339.55, Florida

 9  Statutes, is repealed.

10         Section 8.  Paragraphs (l), (m), and (n) of subsection

11  (24) of section 380.06, Florida Statutes, are amended to read:

12         380.06  Developments of regional impact.--

13         (24)  STATUTORY EXEMPTIONS.--

14         (l)  Any proposed development within an urban service

15  boundary established under s. 163.3177(14) is exempt from the

16  provisions of this section if the local government having

17  jurisdiction over the area where the development is proposed

18  has adopted the urban service boundary and has entered into a

19  binding agreement with adjacent jurisdictions and the

20  Department of Transportation regarding the mitigation of

21  impacts on state and regional transportation facilities, and

22  has adopted a proportionate fair-share mitigation share

23  methodology pursuant to s. 163.3180(16).

24         (m)  Any proposed development within a rural land

25  stewardship area created under s. 163.3177(11)(d) is exempt

26  from the provisions of this section if the local government

27  that has adopted the rural land stewardship area has entered

28  into a binding agreement with jurisdictions that would be

29  impacted and the Department of Transportation regarding the

30  mitigation of impacts on state and regional transportation

31  

                                  18

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1  facilities, and has adopted a proportionate fair-share

 2  mitigation share methodology pursuant to s. 163.3180(16).

 3         (n)  Any proposed development or redevelopment within

 4  an area designated as an urban infill and redevelopment area

 5  under s. 163.2517 is exempt from the provisions of this

 6  section if the local government has entered into a binding

 7  agreement with jurisdictions that would be impacted and the

 8  Department of Transportation regarding the mitigation of

 9  impacts on state and regional transportation facilities, and

10  has adopted a proportionate fair-share mitigation share

11  methodology pursuant to s. 163.3180(16).

12         Section 9.  Paragraph (a) of subsection (2) of section

13  1013.65, Florida Statutes, is amended to read:

14         1013.65  Educational and ancillary plant construction

15  funds; Public Education Capital Outlay and Debt Service Trust

16  Fund; allocation of funds.--

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

18  Service Trust Fund shall be comprised of the following

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

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

21  sale of public education bonds and that portion of the

22  revenues accruing from the gross receipts tax as provided by

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

24  interest on investments, and federal interest subsidies.

25         2.  General revenue funds appropriated to the fund for

26  educational capital outlay purposes.

27         3.  All capital outlay funds previously appropriated

28  and certified forward pursuant to s. 216.301.

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

30         b.  The sum of $75 $41.75 million of such funds shall

31  be appropriated annually for expenditure to fund the

                                  19

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




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

 2  be distributed as provided by that section.

 3         c.  The sum of $30 million of such funds shall be

 4  appropriated for expenditure to fund the High Growth District

 5  Capital Outlay Assistance Grant Program created in s. 1013.738

 6  and shall be distributed as provided in that section.

 7         Section 10.  Subsections (1), (2), and (3) of section

 8  1013.738, Florida Statutes, are amended to read:

 9         1013.738  High Growth District Capital Outlay

10  Assistance Grant Program.--

11         (1)  Subject to funds provided in the General

12  Appropriations Act, The High Growth District Capital Outlay

13  Assistance Grant Program is hereby established. Funds provided

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

15  student stations.

16         (2)  In order to qualify for a grant, a school district

17  must meet the following criteria:

18         (a)  The district must have levied the full 2 mills of

19  nonvoted discretionary capital outlay millage authorized in s.

20  1011.71(2) for each of the past 3 4 fiscal years or currently

21  receive an amount from the school capital outlay surtax

22  authorized in s. 212.055(6) that, when added to the nonvoted

23  discretionary capital outlay millage collected, equals the

24  amount that would be generated if the full 2 mills of nonvoted

25  discretionary capital outlay millage had been collected over

26  the past 3 fiscal years.

27         (b)  The district must receive in the current fiscal

28  year revenue from the collection of an impact fee specifically

29  for schools and revenue from the collection of one of the

30  following:

31  

                                  20

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1         1.  A local government infrastructure sales surtax

 2  authorized in s. 212.055(2) in which a portion is dedicated

 3  for the construction of schools in the current fiscal year.

 4         2.  A school capital outlay surtax authorized in s.

 5  212.055(6). If the school capital outlay surtax is used to

 6  meet the conditions of paragraph (2)(a), the amount of the

 7  school capital outlay surtax collected must be in excess of

 8  the amount in paragraph (2)(a).

 9         3.  A local bond referendum as authorized in ss.

10  1010.40-1010.55.

11         (b)  Fifty percent of the revenue derived from the

12  2-mill nonvoted discretionary capital outlay millage for the

13  past 4 fiscal years, when divided by the district's growth in

14  capital outlay FTE students over this period, produces a value

15  that is less than the average cost per student station

16  calculated pursuant to s. 1013.72(2), and weighted by

17  statewide growth in capital outlay FTE students in elementary,

18  middle, and high schools for the past 4 fiscal years.

19         (c)  The district must have equaled or exceeded three

20  times twice the statewide average of growth in capital outlay

21  FTE students over this same 3-year 4-year period.

22         (d)  The district must not have received an

23  appropriation from the special facilities construction program

24  in the current fiscal year or any of the 2 fiscal years prior

25  to the current fiscal year. The Commissioner of Education must

26  have released all funds allocated to the district from the

27  Classrooms First Program authorized in s. 1013.68, and these

28  funds were fully expended by the district as of February 1 of

29  the current fiscal year.

30         (e)  The total capital outlay FTE students of the

31  district is greater than 15,000 students.

                                  21

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




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

 2  the General Appropriations Act shall be allocated pursuant to

 3  the following methodology. Each eligible district school board

 4  shall receive an amount from the Public Education Capital

 5  Outlay and Debt Service Trust Fund to be calculated by

 6  computing the capital outlay full-time equivalent membership

 7  as determined by the Department of Education. Such membership

 8  must include, but is not limited to, kindergarten through 12th

 9  grade students, except hospital and homebound part-time

10  students, students who are career education students, and

11  adult disabled students who are enrolled in school district

12  career centers. The capital outlay full-time equivalent

13  membership shall be determined for kindergarten through the

14  12th grade and for career centers by averaging the unweighted

15  full-time equivalent student membership for the second and

16  third surveys and comparing the results on a school-by-school

17  basis with the Florida Inventory for School Houses. The

18  capital outlay full-time equivalent membership by grade level

19  organization shall be used in making the following

20  calculation: the capital outlay full-time equivalent

21  membership by grade-level organization for the prior year must

22  be used to compute the growth over the highest of the 3 years

23  preceding the prior year. The total amount appropriated by the

24  Legislature pursuant to this subsection shall be allocated

25  among the growth capital outlay full-time equivalent

26  membership. The allocation shall be prorated to the districts

27  based upon each district's percentage of growth capital outlay

28  full-time membership. The most recent 4-year capital outlay

29  full-time equivalent membership data shall be used in each

30  subsequent year's calculation for the allocation of funds

31  pursuant to this subsection. If a change, correction, or

                                  22

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1  recomputation of data during any year results in a reduction

 2  or increase of the calculated amount previously allocated to a

 3  district, the allocation to that district shall be adjusted

 4  correspondingly. If such recomputation results in an increase

 5  or decrease of the calculated amount, such additional or

 6  reduced amounts shall be added to or reduced from the

 7  district's future appropriations. However, no change,

 8  correction, or recomputation of data shall be made subsequent

 9  to 2 years following the initial annual allocation.:

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

11  Education shall calculate the value of 50 percent of the

12  revenue derived from the 2-mill nonvoted discretionary capital

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

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

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

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

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

18  weighted average value per student station calculated pursuant

19  to paragraph (2)(b).

20         (c)  The value calculated for each eligible district

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

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

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

24  awarded to a district pursuant to this section.

25         (d)  In the event the funds provided in the General

26  Appropriations Act are insufficient to fully fund the maximum

27  grants calculated pursuant to paragraph (c), the Department of

28  Education shall allocate the funds based on each district's

29  prorated share of the total maximum award amount calculated

30  for all eligible districts.

31  

                                  23

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




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

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

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

 4  State Transportation Trust Fund in the Department of

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

 6  339.61, 339.62, 339.63, and 339.64, Florida Statutes, is

 7  reduced to $175 million for the 2005-2006 fiscal year.

 8         Section 12.  There is appropriated for the 2006-2007

 9  fiscal year the sum $250,000 in recurring funds and the sum

10  $300,000 in nonrecurring funds from the Grants and Donations

11  Trust Fund of the Department of Community Affairs to support

12  the Century Commission for a Sustainable Florida.

13         Section 13.  This act shall take effect upon becoming a

14  law.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  24

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






    Florida Senate - 2006                    CS for CS for SB 1858
    593-2403-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 1858

 3                                 

 4  The committee substitute for committee substitute for SB 1858:

 5  1)   Corrects cross-references.

 6  2)   Conforms references to "proportionate fair-share
         mitigation."
 7  
    3)   Deletes language in the bill that amended certain
 8       appropriations in s. 201.15, F.S.

 9  4)   Repeals subsection (10) of s. 339.55, F.S., which was a
         glitch in SB 360.
10  
    5)   Increases funding for the Classrooms for Kids Program
11       through the Public Education Capital Outlay and Debt
         Service Trust Fund (PECO) from $41.75 million to $75
12       million (the $75 million was appropriated to PECO for the
         Classrooms for  Kids Program in SB 360, but only $41.75
13       was distributed to the program).

14  6)   Revises the school district criteria for qualification
         for grants and funding allocation under the High Growth
15       District Capital Outlay Assistance Grant Program.

16  7)   Reappropriates $30 million in recurring funding for the
         High Growth District Capital Outlay Assistance Grant
17       Program.

18  8)   Appropriates $250,000 in recurring funding and $300,000
         in nonrecurring funds to support the Century Commission.
19  
    9)   Changes the effective date to upon becoming a law.
20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  25

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