| 1 | Representative(s) Johnson offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsection (32) of section 163.3164, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 163.3164 Local Government Comprehensive Planning and Land |
| 8 | Development Regulation Act; definitions.--As used in this act: |
| 9 | (32) "Financial feasibility" means that sufficient |
| 10 | revenues are currently available or will be available from |
| 11 | committed funding sources for the first 3 years, or will be |
| 12 | available from committed or planned funding sources for years 4 |
| 13 | and 5, of a 5-year capital improvement schedule for financing |
| 14 | capital improvements, such as ad valorem taxes, bonds, state and |
| 15 | federal funds, tax revenues, impact fees, and developer |
| 16 | contributions, which are adequate to fund the projected costs of |
| 17 | the capital improvements identified in the comprehensive plan |
| 18 | necessary to ensure that adopted level-of-service standards are |
| 19 | achieved and maintained within the period covered by the 5-year |
| 20 | schedule of capital improvements. The requirement that level-of- |
| 21 | service standards be achieved and maintained shall not apply if |
| 22 | the proportionate fair-share mitigation proportionate-share |
| 23 | process set forth in s. 163.3180(12) and (16) is used. |
| 24 | Section 2. Paragraph (c) of subsection (13) of section |
| 25 | 163.3177, Florida Statutes, is amended to read: |
| 26 | 163.3177 Required and optional elements of comprehensive |
| 27 | plan; studies and surveys.-- |
| 28 | (13) Local governments are encouraged to develop a |
| 29 | community vision that provides for sustainable growth, |
| 30 | recognizes its fiscal constraints, and protects its natural |
| 31 | resources. At the request of a local government, the applicable |
| 32 | regional planning council shall provide assistance in the |
| 33 | development of a community vision. |
| 34 | (c) As part of the workshops and public meetings, the |
| 35 | local government must discuss strategies for addressing the |
| 36 | topics discussed under paragraph (b), including: |
| 37 | 1. Strategies to preserve open space and environmentally |
| 38 | sensitive lands, and to encourage a healthy agricultural |
| 39 | economy, including innovative planning and development |
| 40 | strategies, such as the transfer of development rights; |
| 41 | 2. Incentives for mixed-use development, including |
| 42 | increased height and intensity standards for buildings that |
| 43 | provide residential use in combination with office or commercial |
| 44 | space; |
| 45 | 3. Incentives for workforce housing; |
| 46 | 4. Designation of an urban service boundary pursuant to |
| 47 | subsection (14) (2); and |
| 48 | 5. Strategies to provide mobility within the community and |
| 49 | to protect the Strategic Intermodal System, including the |
| 50 | development of a transportation corridor management plan under |
| 51 | s. 337.273. |
| 52 | Section 3. Paragraph (c) of subsection (2), paragraph (f) |
| 53 | of subsection (5), subsection (7), paragraphs (e) and (f) of |
| 54 | subsection (13), and paragraphs (a), (b), (c), (e), and (f) of |
| 55 | subsection (16) of section 163.3180, Florida Statutes, are |
| 56 | amended to read: |
| 57 | 163.3180 Concurrency.-- |
| 58 | (2) |
| 59 | (c) Consistent with the public welfare, and except as |
| 60 | otherwise provided in this section, transportation facilities |
| 61 | needed to serve new development shall be in place or under |
| 62 | actual construction or programmed for construction to commence |
| 63 | in the Department of Transportation's work program or the local |
| 64 | government's schedule of capital improvements within 3 years |
| 65 | after the local government approves a building permit or its |
| 66 | functional equivalent that results in traffic generation. |
| 67 | (5) |
| 68 | (f) Prior to the designation of a concurrency exception |
| 69 | area, the Department of Transportation shall be consulted by the |
| 70 | local government to assess the impact that the proposed |
| 71 | exception area is expected to have on the adopted level-of- |
| 72 | service standards established for Strategic Intermodal System |
| 73 | facilities, as defined in s. 339.64, and roadway facilities |
| 74 | funded in accordance with s. 339.2819. Further, the local |
| 75 | government shall, in cooperation with the Department of |
| 76 | Transportation, develop a plan to mitigate any impacts to the |
| 77 | Strategic Intermodal System, including, if appropriate, the |
| 78 | development of a long-term concurrency management system |
| 79 | pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions |
| 80 | may be available only within the specific geographic area of the |
| 81 | jurisdiction designated in the plan. Pursuant to s. 163.3184, |
| 82 | any affected person may challenge a plan amendment establishing |
| 83 | these guidelines and the areas within which an exception could |
| 84 | be granted. By October 1, 2006, the Department of |
| 85 | Transportation, after publicly noticed workshops, shall publish |
| 86 | and distribute to local governments a policy guideline |
| 87 | containing criteria and options to assist local governments in |
| 88 | planning to assess and mitigate the impacts of a proposed |
| 89 | concurrency exception area as described in this paragraph. |
| 90 | (7) In order to promote infill development and |
| 91 | redevelopment, one or more transportation concurrency management |
| 92 | areas may be designated in a local government comprehensive |
| 93 | plan. A transportation concurrency management area must be a |
| 94 | compact geographic area with an existing network of roads where |
| 95 | multiple, viable alternative travel paths or modes are available |
| 96 | for common trips. A local government may establish an areawide |
| 97 | level-of-service standard for such a transportation concurrency |
| 98 | management area based upon an analysis that provides for a |
| 99 | justification for the areawide level of service, how urban |
| 100 | infill development or redevelopment will be promoted, and how |
| 101 | mobility will be accomplished within the transportation |
| 102 | concurrency management area. Prior to the designation of a |
| 103 | concurrency management area, the Department of Transportation |
| 104 | shall be consulted by the local government to assess the impact |
| 105 | that the proposed concurrency management area is expected to |
| 106 | have on the adopted level-of-service standards established for |
| 107 | Strategic Intermodal System facilities, as defined in s. 339.64, |
| 108 | and roadway facilities funded in accordance with s. 339.2819. |
| 109 | Further, the local government shall, in cooperation with the |
| 110 | Department of Transportation, develop a plan to mitigate any |
| 111 | impacts to the Strategic Intermodal System, including, if |
| 112 | appropriate, the development of a long-term concurrency |
| 113 | management system pursuant to subsection (9) and s. |
| 114 | 163.3177(3)(d). Transportation concurrency management areas |
| 115 | existing prior to July 1, 2005, shall meet, at a minimum, the |
| 116 | provisions of this section by July 1, 2006, or at the time of |
| 117 | the comprehensive plan update pursuant to the evaluation and |
| 118 | appraisal report, whichever occurs last. The state land planning |
| 119 | agency shall amend chapter 9J-5, Florida Administrative Code, to |
| 120 | be consistent with this subsection. By October 1, 2006, the |
| 121 | Department of Transportation, after publicly noticed workshops, |
| 122 | shall publish and distribute to local governments a policy |
| 123 | guideline containing criteria and options to assist local |
| 124 | governments in planning to assess and mitigate the impacts of a |
| 125 | proposed concurrency management area as described in this |
| 126 | paragraph. |
| 127 | (13) School concurrency shall be established on a |
| 128 | districtwide basis and shall include all public schools in the |
| 129 | district and all portions of the district, whether located in a |
| 130 | municipality or an unincorporated area unless exempt from the |
| 131 | public school facilities element pursuant to s. 163.3177(12). |
| 132 | The application of school concurrency to development shall be |
| 133 | based upon the adopted comprehensive plan, as amended. All local |
| 134 | governments within a county, except as provided in paragraph |
| 135 | (f), shall adopt and transmit to the state land planning agency |
| 136 | the necessary plan amendments, along with the interlocal |
| 137 | agreement, for a compliance review pursuant to s. 163.3184(7) |
| 138 | and (8). The minimum requirements for school concurrency are the |
| 139 | following: |
| 140 | (e) Availability standard.--Consistent with the public |
| 141 | welfare, a local government may not deny an application for site |
| 142 | plan, final subdivision approval, or the functional equivalent |
| 143 | for a development or phase of a development authorizing |
| 144 | residential development for failure to achieve and maintain the |
| 145 | level-of-service standard for public school capacity in a local |
| 146 | school concurrency management system where adequate school |
| 147 | facilities will be in place or under actual construction within |
| 148 | 3 years after the issuance of final subdivision or site plan |
| 149 | approval, or the functional equivalent. School concurrency shall |
| 150 | be satisfied if the developer executes a legally binding |
| 151 | commitment to provide proportionate fair-share mitigation |
| 152 | proportionate to the demand for public school facilities to be |
| 153 | created by actual development of the property, including, but |
| 154 | not limited to, the options described in subparagraph 1. Options |
| 155 | for proportionate fair-share proportionate-share mitigation of |
| 156 | impacts on public school facilities shall be established in the |
| 157 | public school facilities element and the interlocal agreement |
| 158 | pursuant to s. 163.31777. |
| 159 | 1. Appropriate proportionate fair-share mitigation options |
| 160 | include the contribution of land; the construction, expansion, |
| 161 | or payment for land acquisition or construction of a public |
| 162 | school facility; or the creation of mitigation banking based on |
| 163 | the construction of a public school facility in exchange for the |
| 164 | right to sell capacity credits. Such options must include |
| 165 | execution by the applicant and the local government of a binding |
| 166 | development agreement that constitutes a legally binding |
| 167 | commitment to pay proportionate fair-share proportionate-share |
| 168 | mitigation for the additional residential units approved by the |
| 169 | local government in a development order and actually developed |
| 170 | on the property, taking into account residential density allowed |
| 171 | on the property prior to the plan amendment that increased |
| 172 | overall residential density. The district school board shall be |
| 173 | a party to such an agreement. As a condition of its entry into |
| 174 | such a development agreement, the local government may require |
| 175 | the landowner to agree to continuing renewal of the agreement |
| 176 | upon its expiration. |
| 177 | 2. If the education facilities plan and the public |
| 178 | educational facilities element authorize a contribution of land; |
| 179 | the construction, expansion, or payment for land acquisition; or |
| 180 | the construction or expansion of a public school facility, or a |
| 181 | portion thereof, as proportionate fair-share proportionate-share |
| 182 | mitigation, the local government shall credit such a |
| 183 | contribution, construction, expansion, or payment toward any |
| 184 | other impact fee or exaction imposed by local ordinance for the |
| 185 | same need, on a dollar-for-dollar basis at fair market value. |
| 186 | 3. Any proportionate fair-share proportionate-share |
| 187 | mitigation must be directed by the school board toward a school |
| 188 | capacity improvement identified in a financially feasible 5-year |
| 189 | district work plan and which satisfies the demands created by |
| 190 | that development in accordance with a binding developer's |
| 191 | agreement. |
| 192 | 4. This paragraph does not limit the authority of a local |
| 193 | government to deny a development permit or its functional |
| 194 | equivalent pursuant to its home rule regulatory powers, except |
| 195 | as provided in this part. |
| 196 | (f) Intergovernmental coordination.-- |
| 197 | 1. When establishing concurrency requirements for public |
| 198 | schools, a local government shall satisfy the requirements for |
| 199 | intergovernmental coordination set forth in s. 163.3177(6)(h)1. |
| 200 | and 2., except that a municipality is not required to be a |
| 201 | signatory to the interlocal agreement required by ss. |
| 202 | 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for |
| 203 | imposition of school concurrency, and as a nonsignatory, shall |
| 204 | not participate in the adopted local school concurrency system, |
| 205 | if the municipality meets all of the following criteria for |
| 206 | having no significant impact on school attendance: |
| 207 | a. The municipality has issued development orders for |
| 208 | fewer than 50 residential dwelling units during the preceding 5 |
| 209 | years, or the municipality has generated fewer than 25 |
| 210 | additional public school students during the preceding 5 years. |
| 211 | b. The municipality has not annexed new land during the |
| 212 | preceding 5 years in land use categories which permit |
| 213 | residential uses that will affect school attendance rates. |
| 214 | c. The municipality has no public schools located within |
| 215 | its boundaries. |
| 216 | d. At least 80 percent of the developable land within the |
| 217 | boundaries of the municipality has been built upon. |
| 218 | 2. A municipality which qualifies as having no significant |
| 219 | impact on school attendance pursuant to the criteria of |
| 220 | subparagraph 1. must review and determine at the time of its |
| 221 | evaluation and appraisal report pursuant to s. 163.3191 whether |
| 222 | it continues to meet the criteria pursuant to s. 163.31777(6). |
| 223 | If the municipality determines that it no longer meets the |
| 224 | criteria, it must adopt appropriate school concurrency goals, |
| 225 | objectives, and policies in its plan amendments based on the |
| 226 | evaluation and appraisal report, and enter into the existing |
| 227 | interlocal agreement required by ss. 163.3177(6)(h)2. and |
| 228 | 163.31777, in order to fully participate in the school |
| 229 | concurrency system. If such a municipality fails to do so, it |
| 230 | will be subject to the enforcement provisions of s. 163.3191. |
| 231 | (16) It is the intent of the Legislature to provide a |
| 232 | method by which the impacts of development on transportation |
| 233 | facilities can be mitigated by the cooperative efforts of the |
| 234 | public and private sectors. The methodology used to calculate |
| 235 | proportionate fair-share mitigation under this section shall be |
| 236 | as provided for in subsection (12). |
| 237 | (a) By December 1, 2006, each local government shall adopt |
| 238 | by ordinance a methodology for assessing proportionate fair- |
| 239 | share mitigation options. A local government that fails to adopt |
| 240 | a methodology for assessing proportionate fair-share mitigation |
| 241 | options by December 1, 2006, shall be subject to the sanctions |
| 242 | described in s. 163.3184(11)(a) imposed by the Administration |
| 243 | Commission. By December 1, 2005, the Department of |
| 244 | Transportation shall develop a model transportation concurrency |
| 245 | management ordinance with methodologies for assessing |
| 246 | proportionate fair-share mitigation options. |
| 247 | (b)1. In its transportation concurrency management system, |
| 248 | a local government shall, by December 1, 2006, include |
| 249 | methodologies that will be applied to calculate proportionate |
| 250 | fair-share mitigation. A local government that fails to include |
| 251 | such methodologies by December 1, 2006, shall be subject to the |
| 252 | sanctions described in s. 163.3184(11)(a) imposed by the |
| 253 | Administration Commission. A developer may choose to satisfy all |
| 254 | transportation concurrency requirements by contributing or |
| 255 | paying proportionate fair-share mitigation if transportation |
| 256 | facilities or facility segments identified as mitigation for |
| 257 | traffic impacts are specifically identified for funding in the |
| 258 | 5-year schedule of capital improvements in the capital |
| 259 | improvements element of the local plan or the long-term |
| 260 | concurrency management system or if such contributions or |
| 261 | payments to such facilities or segments are reflected in the 5- |
| 262 | year schedule of capital improvements in the next regularly |
| 263 | scheduled update of the capital improvements element. Updates to |
| 264 | the 5-year capital improvements element which reflect |
| 265 | proportionate fair-share contributions may not be found not in |
| 266 | compliance based on ss. 163.3164(32) 163.164(32) and 163.3177(3) |
| 267 | if additional contributions, payments or funding sources are |
| 268 | reasonably anticipated during a period not to exceed 10 years to |
| 269 | fully mitigate impacts on the transportation facilities. |
| 270 | 2. Proportionate fair-share mitigation shall be applied as |
| 271 | a credit against impact fees to the extent that all or a portion |
| 272 | of the proportionate fair-share mitigation is used to address |
| 273 | the same capital infrastructure improvements contemplated by the |
| 274 | local government's impact fee ordinance. |
| 275 | (c) Proportionate fair-share mitigation includes, without |
| 276 | limitation, separately or collectively, private funds, |
| 277 | contributions of land, and construction and contribution of |
| 278 | facilities and may include public funds as determined by the |
| 279 | local government. The fair market value of the proportionate |
| 280 | fair-share mitigation shall not differ based on the form of |
| 281 | mitigation. A local government may not require a development to |
| 282 | pay more than its proportionate fair-share mitigation |
| 283 | contribution regardless of the method of mitigation. |
| 284 | (e) Mitigation for development impacts to facilities on |
| 285 | the Strategic Intermodal System made pursuant to this subsection |
| 286 | requires the concurrence of the Department of Transportation. |
| 287 | The department has 60 days from the date of submission by the |
| 288 | applicable local government to concur or withhold concurrence |
| 289 | with the mitigation of development impacts to facilities on the |
| 290 | Strategic Intermodal System. If the department does not respond |
| 291 | within the 60-day period, the department is deemed to have |
| 292 | concurred with the mitigation. |
| 293 | (f) If In the event the funds in an adopted 5-year capital |
| 294 | improvements element are insufficient to fully fund construction |
| 295 | of a transportation improvement required by the local |
| 296 | government's concurrency management system, a local government |
| 297 | and a developer may still enter into a binding proportionate |
| 298 | fair-share mitigation proportionate-share agreement authorizing |
| 299 | the developer to construct that amount of development on which |
| 300 | the proportionate fair-share mitigation proportionate share is |
| 301 | calculated if the proportionate fair-share mitigation |
| 302 | proportionate-share amount in such agreement is sufficient to |
| 303 | pay for one or more improvements which will, in the opinion of |
| 304 | the governmental entity or entities maintaining the |
| 305 | transportation facilities, significantly benefit the impacted |
| 306 | transportation system. The improvement or improvements funded by |
| 307 | the proportionate fair-share mitigation proportionate-share |
| 308 | component must be adopted into the 5-year capital improvements |
| 309 | schedule of the comprehensive plan at the next annual capital |
| 310 | improvements element update. |
| 311 | Section 4. Subsection (17) of section 163.3184, Florida |
| 312 | Statutes, is amended to read: |
| 313 | 163.3184 Process for adoption of comprehensive plan or |
| 314 | plan amendment.-- |
| 315 | (17) A local government that has adopted a community |
| 316 | vision and urban service boundary under s. 163.3177(13) |
| 317 | 163.31773(13) and (14) may adopt a plan amendment related to map |
| 318 | amendments solely to property within an urban service boundary |
| 319 | in the manner described in subsections (1), (2), (7), (14), |
| 320 | (15), and (16) and s. 163.3187(1)(c)1.d. and e., 2., and 3., |
| 321 | such that state and regional agency review is eliminated. The |
| 322 | department may not issue an objections, recommendations, and |
| 323 | comments report on proposed plan amendments or a notice of |
| 324 | intent on adopted plan amendments; however, affected persons, as |
| 325 | defined by paragraph (1)(a), may file a petition for |
| 326 | administrative review pursuant to the requirements of s. |
| 327 | 163.3187(3)(a) to challenge the compliance of an adopted plan |
| 328 | amendment. This subsection does not apply to any amendment |
| 329 | within an area of critical state concern, to any amendment that |
| 330 | increases residential densities allowable in high-hazard coastal |
| 331 | areas as defined in s. 163.3178(2)(h), or to a text change to |
| 332 | the goals, policies, or objectives of the local government's |
| 333 | comprehensive plan. Amendments submitted under this subsection |
| 334 | are exempt from the limitation on the frequency of plan |
| 335 | amendments in s. 163.3187. |
| 336 | Section 5. Paragraph (a) of subsection (3) of section |
| 337 | 163.3247, Florida Statutes, is amended to read: |
| 338 | 163.3247 Century Commission for a Sustainable Florida.-- |
| 339 | (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; |
| 340 | CREATION; ORGANIZATION.--The Century Commission for a |
| 341 | Sustainable Florida is created as a standing body to help the |
| 342 | citizens of this state envision and plan their collective future |
| 343 | with an eye towards both 25-year and 50-year horizons. |
| 344 | (a) The commission shall consist of 15 members, 5 |
| 345 | appointed by the Governor, 5 appointed by the President of the |
| 346 | Senate, and 5 appointed by the Speaker of the House of |
| 347 | Representatives. Appointments shall be made no later than |
| 348 | October 1, 2005. The membership must represent local |
| 349 | governments, school boards, developers and homebuilders, the |
| 350 | business community, the agriculture community, the environmental |
| 351 | community, and other appropriate stakeholders. The membership |
| 352 | shall reflect the demographic makeup of the state. One member |
| 353 | shall be designated by the Governor as chair of the commission. |
| 354 | Any vacancy that occurs on the commission must be filled in the |
| 355 | same manner as the original appointment and shall be for the |
| 356 | unexpired term of that commission seat. Members shall serve 4- |
| 357 | year terms, except that, initially, to provide for staggered |
| 358 | terms, the Governor, the President of the Senate, and the |
| 359 | Speaker of the House of Representatives shall each appoint one |
| 360 | member to serve a 2-year term, two members to serve 3-year |
| 361 | terms, and two members to serve 4-year terms. All subsequent |
| 362 | appointments shall be for 4-year terms. An appointee may not |
| 363 | serve more than 6 years. |
| 364 | Section 6. Paragraph (a) of subsection (4) of section |
| 365 | 339.2819, Florida Statutes, is amended to read: |
| 366 | 339.2819 Transportation Regional Incentive Program.-- |
| 367 | (4)(a) Projects to be funded with Transportation Regional |
| 368 | Incentive Program funds shall, at a minimum: |
| 369 | 1. Support those transportation facilities that serve |
| 370 | national, statewide, or regional functions and function as an |
| 371 | integrated regional transportation system. |
| 372 | 2. Be identified in the capital improvements element of a |
| 373 | comprehensive plan that has been determined to be in compliance |
| 374 | with part II of chapter 163, after July 1, 2005, or to implement |
| 375 | a long-term concurrency management system adopted by a local |
| 376 | government in accordance with s. 163.3180(9) 163.3177(9). |
| 377 | Further, the project shall be in compliance with local |
| 378 | government comprehensive plan policies relative to corridor |
| 379 | management. |
| 380 | 3. Be consistent with the Strategic Intermodal System Plan |
| 381 | developed under s. 339.64. |
| 382 | 4. Have a commitment for local, regional, or private |
| 383 | financial matching funds as a percentage of the overall project |
| 384 | cost. |
| 385 | Section 7. Subsection (10) of section 339.55, Florida |
| 386 | Statutes, is amended to read: |
| 387 | 339.55 State-funded infrastructure bank.-- |
| 388 | (10) Funds paid into the State Transportation Trust Fund |
| 389 | pursuant to s. 201.15(1)(d) for the purposes of the State |
| 390 | Infrastructure Bank are hereby annually appropriated for |
| 391 | expenditure to support that program. |
| 392 | Section 8. Paragraphs (l), (m), and (n) of subsection (24) |
| 393 | of section 380.06, Florida Statutes, are amended to read: |
| 394 | 380.06 Developments of regional impact.-- |
| 395 | (24) STATUTORY EXEMPTIONS.-- |
| 396 | (l) Any proposed development within an urban service |
| 397 | boundary established under s. 163.3177(14) is exempt from the |
| 398 | provisions of this section if the local government having |
| 399 | jurisdiction over the area where the development is proposed has |
| 400 | adopted the urban service boundary and has entered into a |
| 401 | binding agreement with adjacent jurisdictions and the Department |
| 402 | of Transportation regarding the mitigation of impacts on state |
| 403 | and regional transportation facilities, and has adopted a |
| 404 | proportionate fair-share mitigation share methodology pursuant |
| 405 | to s. 163.3180(16). |
| 406 | (m) Any proposed development within a rural land |
| 407 | stewardship area created under s. 163.3177(11)(d) is exempt from |
| 408 | the provisions of this section if the local government that has |
| 409 | adopted the rural land stewardship area has entered into a |
| 410 | binding agreement with jurisdictions that would be impacted and |
| 411 | the Department of Transportation regarding the mitigation of |
| 412 | impacts on state and regional transportation facilities, and has |
| 413 | adopted a proportionate fair-share mitigation share methodology |
| 414 | pursuant to s. 163.3180(16). |
| 415 | (n) Any proposed development or redevelopment within an |
| 416 | area designated as an urban infill and redevelopment area under |
| 417 | s. 163.2517 is exempt from the provisions of this section if the |
| 418 | local government has entered into a binding agreement with |
| 419 | jurisdictions that would be impacted and the Department of |
| 420 | Transportation regarding the mitigation of impacts on state and |
| 421 | regional transportation facilities, and has adopted a |
| 422 | proportionate fair-share mitigation share methodology pursuant |
| 423 | to s. 163.3180(16). |
| 424 | Section 9. Paragraph (a) of subsection (2) of section |
| 425 | 1013.65, Florida Statutes, is amended to read: |
| 426 | 1013.65 Educational and ancillary plant construction |
| 427 | funds; Public Education Capital Outlay and Debt Service Trust |
| 428 | Fund; allocation of funds.-- |
| 429 | (2)(a) The Public Education Capital Outlay and Debt |
| 430 | Service Trust Fund shall be comprised of the following sources, |
| 431 | which are hereby appropriated to the trust fund: |
| 432 | 1. Proceeds, premiums, and accrued interest from the sale |
| 433 | of public education bonds and that portion of the revenues |
| 434 | accruing from the gross receipts tax as provided by s. 9(a)(2), |
| 435 | Art. XII of the State Constitution, as amended, interest on |
| 436 | investments, and federal interest subsidies. |
| 437 | 2. General revenue funds appropriated to the fund for |
| 438 | educational capital outlay purposes. |
| 439 | 3. All capital outlay funds previously appropriated and |
| 440 | certified forward pursuant to s. 216.301. |
| 441 | 4.a. Funds paid pursuant to s. 201.15(1)(d). |
| 442 | b. The sum of $41.75 million of such funds shall be |
| 443 | appropriated annually for expenditure to fund the Classrooms for |
| 444 | Kids Program created in s. 1013.735 and shall be distributed as |
| 445 | provided by that section. |
| 446 | Section 10. Subsections (2) and (3) of section 1013.738, |
| 447 | Florida Statutes, are amended to read: |
| 448 | 1013.738 High Growth District Capital Outlay Assistance |
| 449 | Grant Program.-- |
| 450 | (2) In order to qualify for a grant, a school district |
| 451 | must meet the following criteria: |
| 452 | (a) The district must have levied the full 2 mills of |
| 453 | nonvoted discretionary capital outlay millage authorized in s. |
| 454 | 1011.71(2) for each of the past 3 4 fiscal years or currently |
| 455 | receive an amount from the school capital outlay surtax |
| 456 | authorized in s. 212.055(6) that, when added to the nonvoted |
| 457 | discretionary capital outlay millage collected, equals the |
| 458 | amount that would be generated if the full 2 mills of nonvoted |
| 459 | discretionary capital outlay millage had been collected over the |
| 460 | past 3 fiscal years. |
| 461 | (b) The district must receive, in the current fiscal year, |
| 462 | revenue from the collection of an impact fee specifically for |
| 463 | schools and revenue from the collection of one of the following: |
| 464 | 1. A local government infrastructure sales surtax |
| 465 | authorized in s. 212.055(2) in which a portion is dedicated for |
| 466 | the construction of schools in the current fiscal year. |
| 467 | 2. A school capital outlay surtax authorized in s. |
| 468 | 212.055(6). If the school capital outlay surtax is used to meet |
| 469 | the conditions of paragraph (a), the amount of the school |
| 470 | capital outlay surtax collected must be in excess of the amount |
| 471 | in paragraph (a). |
| 472 | 3. A local bond referendum as authorized in ss. 1010.40- |
| 473 | 1010.55. Fifty percent of the revenue derived from the 2-mill |
| 474 | nonvoted discretionary capital outlay millage for the past 4 |
| 475 | fiscal years, when divided by the district's growth in capital |
| 476 | outlay FTE students over this period, produces a value that is |
| 477 | less than the average cost per student station calculated |
| 478 | pursuant to s. 1013.72(2), and weighted by statewide growth in |
| 479 | capital outlay FTE students in elementary, middle, and high |
| 480 | schools for the past 4 fiscal years. |
| 481 | (c) The district must have equaled or exceeded three times |
| 482 | twice the statewide average of growth in capital outlay FTE |
| 483 | students over this same 3-year 4-year period. |
| 484 | (d) The district must not have received an appropriation |
| 485 | from the special facilities construction program in the current |
| 486 | fiscal year. The Commissioner of Education must have released |
| 487 | all funds allocated to the district from the Classrooms First |
| 488 | Program authorized in s. 1013.68, and these funds were fully |
| 489 | expended by the district as of February 1 of the current fiscal |
| 490 | year. |
| 491 | (e) The total capital outlay FTE students of the district |
| 492 | is greater than 15,000 students. |
| 493 | (3) The funds provided in the General Appropriations Act |
| 494 | shall be allocated pursuant to the following methodology: |
| 495 | (a) Each eligible district school board shall receive an |
| 496 | amount from the Public Education Capital Outlay and Debt Service |
| 497 | Trust Fund to be calculated by computing the capital outlay |
| 498 | full-time equivalent membership as determined by the department. |
| 499 | Such membership must include, but is not limited to: |
| 500 | 1. K-12 students, except hospital and homebound part-time |
| 501 | students; and |
| 502 | 2. Students who are career education students and adult |
| 503 | disabled students and who are enrolled in school district career |
| 504 | centers. For each eligible district, the Department of Education |
| 505 | shall calculate the value of 50 percent of the revenue derived |
| 506 | from the 2-mill nonvoted discretionary capital outlay millage |
| 507 | for the past 4 fiscal years divided by the increase in capital |
| 508 | outlay FTE students for the same period. |
| 509 | (b) The capital outlay full-time equivalent membership |
| 510 | shall be determined for kindergarten through grade 12 and for |
| 511 | career centers by averaging the unweighted full-time equivalent |
| 512 | membership for the second and third surveys and comparing the |
| 513 | results on a school-by-school basis with the Florida Inventory |
| 514 | for School Houses. The capital outlay full-time equivalent |
| 515 | membership by grade-level organization shall be used in making |
| 516 | the following calculation: the capital outlay full-time |
| 517 | equivalent membership by grade-level organization for the prior |
| 518 | year must be used to compute the growth over the highest of the |
| 519 | 3 years preceding the prior year. The Department of Education |
| 520 | shall determine, for each eligible district, the amount that |
| 521 | must be added to the value calculated pursuant to paragraph (a) |
| 522 | to produce the weighted average value per student station |
| 523 | calculated pursuant to paragraph (2)(b). |
| 524 | (c) The total amount appropriated by the Legislature |
| 525 | pursuant to this subsection shall be allocated among the growth |
| 526 | capital outlay full-time equivalent membership. The allocation |
| 527 | shall be prorated to the districts based upon each district's |
| 528 | percentage of growth capital outlay full-time equivalent |
| 529 | membership. The most recent 4-year capital outlay full-time |
| 530 | equivalent membership data shall be used in each subsequent |
| 531 | year's calculation for the allocation of funds pursuant to this |
| 532 | subsection. If a change, correction, or recomputation of data |
| 533 | during any year results in a reduction or increase of the |
| 534 | calculated amount previously allocated to a district, the |
| 535 | allocation to that district shall be adjusted correspondingly. |
| 536 | If such recomputation results in an increase or decrease of the |
| 537 | calculated amount, such additional or reduced amounts shall be |
| 538 | added to or reduced from the district's future appropriations. |
| 539 | However, no change, correction, or recomputation of data shall |
| 540 | be made subsequent to 2 years following the initial annual |
| 541 | allocation. The value calculated for each eligible district |
| 542 | pursuant to paragraph (b) shall be multiplied by the average |
| 543 | increase in capital outlay FTE students for the past 4 fiscal |
| 544 | years to determine the maximum amount of a grant that may be |
| 545 | awarded to a district pursuant to this section. |
| 546 | (d) In the event the funds provided in the General |
| 547 | Appropriations Act are insufficient to fully fund the maximum |
| 548 | grants calculated pursuant to paragraph (c), the Department of |
| 549 | Education shall allocate the funds based on each district's |
| 550 | prorated share of the total maximum award amount calculated for |
| 551 | all eligible districts. |
| 552 | Section 11. Paragraph (a) of subsection (2) of section 27 |
| 553 | of chapter 2005-290, Laws of Florida, is amended to read: |
| 554 | Section 27. |
| 555 | (2) The following appropriations are made for the 2005- |
| 556 | 2006 fiscal year only on a nonrecurring basis: |
| 557 | (a) From the State Transportation Trust Fund in the |
| 558 | Department of Transportation: |
| 559 | 1. One hundred seventy-five Two hundred million dollars |
| 560 | for the purposes specified in sections 339.61, 339.62, 339.63, |
| 561 | and 339.64, Florida Statutes. |
| 562 | 2. Two hundred seventy-five million dollars for the |
| 563 | purposes specified in section 339.2819, Florida Statutes. |
| 564 | 3. One hundred million dollars for the purposes specified |
| 565 | in section 339.55, Florida Statutes. |
| 566 | 4. Twenty-five million for the purposes specified in |
| 567 | section 339.2817, Florida Statutes. |
| 568 | Section 12. This act shall take effect July 1, 2006. |
| 569 |
|
| 570 |
|
| 571 | ======= T I T L E A M E N D M E N T ========== |
| 572 | Remove the entire title and insert: |
| 573 | A bill to be entitled |
| 574 | An act relating to growth management; amending s. |
| 575 | 163.3164, F.S.; revising a definition; amending s. |
| 576 | 163.3177, F.S.; correcting a cross-reference; amending s. |
| 577 | 163.3180, F.S.; revising concurrency requirements and |
| 578 | procedures; providing sanctions; amending ss. 163.3184 and |
| 579 | 339.2819, F.S.; correcting cross-references; amending s. |
| 580 | 163.3247, F.S.; providing a requirement on the makeup of |
| 581 | the Century Commission for a Sustainable Florida; amending |
| 582 | s. 339.55, F.S.; deleting an annual appropriation from the |
| 583 | State Transportation Trust Fund for State Infrastructure |
| 584 | Bank purposes; amending s. 380.06, F.S.; revising certain |
| 585 | statutory exemption provisions for developments of |
| 586 | regional impact; amending s. 1013.65, F.S.; revising |
| 587 | provisions relating to sources of appropriations to the |
| 588 | Public Education Capital Outlay and Debt Service Trust |
| 589 | Fund to delete an annual appropriation to the Classroom |
| 590 | for Kids Program; amending s. 1013.738, F.S.; revising the |
| 591 | eligibility criteria for the High Growth District Capital |
| 592 | Outlay Assistance Grant Program; revising provisions for |
| 593 | allocation of funds; providing calculations; amending s. |
| 594 | 27, ch. 2005-290, Laws of Florida; revising an |
| 595 | appropriation from the State Transportation Trust Fund for |
| 596 | Florida Strategic Intermodal System purposes; providing an |
| 597 | effective date. |