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. Subsection (2), paragraph (b) of subsection |
25 | (3), and paragraph (c) of subsection (13) of section 163.3177, |
26 | Florida Statutes, are amended to read: |
27 | 163.3177 Required and optional elements of comprehensive |
28 | plan; studies and surveys.-- |
29 | (2) Coordination of the several elements of the local |
30 | comprehensive plan shall be a major objective of the planning |
31 | process. The several elements of the comprehensive plan shall be |
32 | consistent, and the comprehensive plan shall be financially |
33 | feasible. Financial Feasibility shall be determined using |
34 | professionally accepted methodologies. |
35 | (3) |
36 | (b)1. The capital improvements element shall be reviewed |
37 | on an annual basis and modified as necessary in accordance with |
38 | s. 163.3187 or s. 163.3189 in order to maintain a financially |
39 | feasible 5-year schedule of capital improvements. Corrections |
40 | and modifications concerning costs; revenue sources; or |
41 | acceptance of facilities pursuant to dedications which are |
42 | consistent with the plan may be accomplished by ordinance and |
43 | shall not be deemed to be amendments to the local comprehensive |
44 | plan. A copy of the ordinance shall be transmitted to the state |
45 | land planning agency. An amendment to the comprehensive plan is |
46 | required to update the schedule on an annual basis or to |
47 | eliminate, defer, or delay the construction for any facility |
48 | listed in the 5-year schedule. An affected person may challenge |
49 | the addition of a facility, or the elimination, deferral, or |
50 | delay of a project, only when the facility is first added to the |
51 | 5-year schedule of capital improvements or when the project is |
52 | proposed to be eliminated, deferred, or delayed. All public |
53 | facilities shall be consistent with the capital improvements |
54 | element. Amendments to implement this section must be adopted |
55 | and transmitted no later than December 1, 2007. Thereafter, a |
56 | local government may not amend its future land use map, except |
57 | for plan amendments to meet new requirements under this part and |
58 | emergency amendments pursuant to s. 163.3187(1)(a), after |
59 | December 1, 2007, and every year thereafter, unless and until |
60 | the local government has adopted the annual update and it has |
61 | been transmitted to the state land planning agency. If an |
62 | affected party challenges the 5-year schedule of capital |
63 | improvements, a local government may continue to adopt plan |
64 | amendments to the future land use map during the pendency of the |
65 | challenge and any related litigation. |
66 | 2. Capital improvements element amendments adopted after |
67 | the effective date of this act shall require only a single |
68 | public hearing before the governing board which shall be an |
69 | adoption hearing as described in s. 163.3184(7). Such amendments |
70 | are not subject to the requirements of s. 163.3184(3)-(6). |
71 | (13) Local governments are encouraged to develop a |
72 | community vision that provides for sustainable growth, |
73 | recognizes its fiscal constraints, and protects its natural |
74 | resources. At the request of a local government, the applicable |
75 | regional planning council shall provide assistance in the |
76 | development of a community vision. |
77 | (c) As part of the workshops and public meetings, the |
78 | local government must discuss strategies for addressing the |
79 | topics discussed under paragraph (b), including: |
80 | 1. Strategies to preserve open space and environmentally |
81 | sensitive lands, and to encourage a healthy agricultural |
82 | economy, including innovative planning and development |
83 | strategies, such as the transfer of development rights; |
84 | 2. Incentives for mixed-use development, including |
85 | increased height and intensity standards for buildings that |
86 | provide residential use in combination with office or commercial |
87 | space; |
88 | 3. Incentives for workforce housing; |
89 | 4. Designation of an urban service boundary pursuant to |
90 | subsection (14) (2); and |
91 | 5. Strategies to provide mobility within the community and |
92 | to protect the Strategic Intermodal System, including the |
93 | development of a transportation corridor management plan under |
94 | s. 337.273. |
95 | Section 3. Paragraph (c) of subsection (2), subsections |
96 | (6) and (7), paragraph (a) of subsection (9), paragraphs (d), |
97 | (e), (f), and (g) of subsection (13), and paragraphs (a), (b), |
98 | (c), (e), and (f) of subsection (16) of section 163.3180, |
99 | Florida Statutes, are amended, and paragraph (f) of subsection |
100 | (5) of that section is amended and paragraphs (h), (i), and (j) |
101 | are added to that subsection, to read: |
102 | 163.3180 Concurrency.-- |
103 | (2) |
104 | (c) Consistent with the public welfare, and except as |
105 | otherwise provided in this section, transportation facilities |
106 | needed to serve new development shall be in place or under |
107 | actual construction or programmed for construction to commence |
108 | in the Department of Transportation's work program or the local |
109 | government's schedule of capital improvements within 3 years |
110 | after the local government approves a building permit or its |
111 | functional equivalent that results in traffic generation. |
112 | (5) |
113 | (f) Prior to the designation of a concurrency exception |
114 | area, the Department of Transportation shall be consulted by the |
115 | local government to assess the impact that the proposed |
116 | exception area is expected to have on the adopted level-of- |
117 | service standards established for Strategic Intermodal System |
118 | facilities, as defined in s. 339.64, and roadway facilities |
119 | funded in accordance with s. 339.2819. Further, the local |
120 | government shall, in cooperation with the Department of |
121 | Transportation, develop a plan to mitigate any impacts to the |
122 | Strategic Intermodal System, including, if appropriate, the |
123 | development of a long-term concurrency management system |
124 | pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions |
125 | may be available only within the specific geographic area of the |
126 | jurisdiction designated in the plan. Pursuant to s. 163.3184, |
127 | any affected person may challenge a plan amendment establishing |
128 | these guidelines and the areas within which an exception could |
129 | be granted. By October 1, 2006, the Department of |
130 | Transportation, after publicly noticed workshops, shall publish |
131 | and distribute to local governments a policy guideline |
132 | containing criteria and options to assist local governments in |
133 | planning to assess and mitigate the impacts of a proposed |
134 | concurrency exception area as described in this paragraph. |
135 | (h) It is a high state priority that urban infill and |
136 | redevelopment be promoted and provided incentives. By promoting |
137 | the revitalization of existing communities of this state, a more |
138 | efficient maximization of space and facilities may be achieved |
139 | and urban sprawl discouraged. If a local government creates a |
140 | long-term vision for its community that includes adequate |
141 | funding, services, and multimodal transportation options, the |
142 | transportation facilities concurrency requirements of paragraph |
143 | (2)(c) are waived: |
144 | 1.a. For urban infill and redevelopment areas designated |
145 | in the comprehensive plan under s. 163.2517; or |
146 | b. For areas designated in the comprehensive plan prior to |
147 | January 1, 2006, as urban infill development, urban |
148 | redevelopment, or downtown revitalization. |
149 |
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150 | The local government and the Department of Transportation shall |
151 | cooperatively establish a plan for maintaining the adopted |
152 | level-of-service standards established by the Department of |
153 | Transportation for Strategic Intermodal System facilities, as |
154 | defined in s. 339.64. |
155 | 2. For municipalities that are built-out. For purposes of |
156 | this exemption: |
157 | a. The term "built-out" means that 90 percent of the |
158 | property within the municipality's boundaries, excluding lands |
159 | that are designated as conservation, preservation, recreation, |
160 | or public facilities categories, have been developed or are the |
161 | subject of an approved development order that has received a |
162 | building permit and the municipality has an average density of |
163 | five units per acre for residential developments. |
164 | b. The municipality must have adopted an ordinance that |
165 | provides the methodology for determining its built-out |
166 | percentage, declares that transportation concurrency |
167 | requirements are waived within its municipal boundary or within |
168 | a designated area of the municipality, and addresses multimodal |
169 | options and strategies, including alternative modes of |
170 | transportation within the municipality. Prior to the adoption of |
171 | the ordinance, the local government shall consult with the |
172 | Department of Transportation to assess the impact that the |
173 | waiver of the transportation concurrency requirements is |
174 | expected to have on the adopted level-of-service standards |
175 | established for Strategic Intermodal System facilities, as |
176 | defined in s. 339.64. Further, the local government shall |
177 | cooperatively establish a plan for maintaining the adopted |
178 | level-of-service standards established by the department for |
179 | Strategic Intermodal System facilities, as described in s. |
180 | 339.64. |
181 | c. If a municipality annexes any property, the |
182 | municipality must recalculate its built-out percentage pursuant |
183 | to the methodology set forth in its ordinance to verify whether |
184 | the annexed property may be included within the exemption. |
185 | d. If transportation concurrency requirements are waived |
186 | under this subparagraph, the municipality must adopt a |
187 | comprehensive plan amendment pursuant to s. 163.3187(1)(c), |
188 | which updates its transportation element to reflect the |
189 | transportation concurrency requirements waiver, and must submit |
190 | a copy of its ordinance, adopted in sub-subparagraph b., to the |
191 | state land planning agency. |
192 | (i) An areawide development of regional impact granted to |
193 | a municipality under s. 380.06(25) is exempt from the |
194 | requirements of transportation facilities concurrency if the |
195 | development of regional impact's boundaries have not been |
196 | increased after July 1, 2005, and a mitigation plan with |
197 | identified funding has been submitted and approved by the |
198 | Department of Transportation to address transportation |
199 | deficiencies, if the approved development order did not address |
200 | such deficiencies. New applications for development approval |
201 | that are located outside of but are adjacent and contiguous to |
202 | the specified exempt development-of-regional-impact boundaries |
203 | shall not include the trips generated by such exempt development |
204 | of regional impact as part of their transportation facilities |
205 | concurrency calculations. |
206 | (j) A development of regional impact granted to a downtown |
207 | development authority under s. 380.06(22) is exempt from the |
208 | requirements of transportation facilities concurrency if the |
209 | development of regional impact's boundaries have not been |
210 | increased after July 1, 2005, and a mitigation plan with |
211 | identified funding has been submitted and approved by the |
212 | Department of Transportation to address transportation |
213 | deficiencies, if the approved development order did not address |
214 | such deficiencies. New applications for development approval |
215 | that are located outside of but are adjacent and contiguous to |
216 | the specified exempt development-of-regional-impact boundaries |
217 | shall not include the trips generated by such exempt development |
218 | of regional impact as part of their transportation facilities |
219 | concurrency calculations. |
220 | (6) The Legislature finds that a de minimis impact is |
221 | consistent with this part. A de minimis impact is an impact that |
222 | would not affect more than 1 percent of the maximum volume at |
223 | the adopted level of service of the affected transportation |
224 | facility as determined by the local government. No impact will |
225 | be de minimis if the sum of existing roadway volumes and the |
226 | projected volumes from approved projects on a transportation |
227 | facility would exceed 110 percent of the maximum volume at the |
228 | adopted level of service of the affected transportation |
229 | facility; provided however, that an impact of a single family |
230 | home on an existing lot will constitute a de minimis impact on |
231 | all roadways regardless of the level of the deficiency of the |
232 | roadway. Further, no impact will be de minimis if it would |
233 | exceed the adopted level-of-service standard of any affected |
234 | designated hurricane evacuation routes. Each local government |
235 | shall maintain sufficient records to ensure that the 110-percent |
236 | criterion is not exceeded. Each local government shall submit |
237 | annually, with its updated capital improvements element, a |
238 | summary of the de minimis records. If the state land planning |
239 | agency determines that the 110-percent criterion has been |
240 | exceeded, the state land planning agency shall notify the local |
241 | government of the exceedance and that no further de minimis |
242 | exceptions for the applicable roadway may be granted until such |
243 | time as the volume is reduced below the 110 percent. The local |
244 | government shall provide proof of this reduction to the state |
245 | land planning agency before issuing further de minimis |
246 | exceptions. |
247 | (7) In order to promote infill development and |
248 | redevelopment, one or more transportation concurrency management |
249 | areas may be designated in a local government comprehensive |
250 | plan. A transportation concurrency management area must be a |
251 | compact geographic area with an existing network of roads where |
252 | multiple, viable alternative travel paths or modes are available |
253 | for common trips. A local government may establish an areawide |
254 | level-of-service standard for such a transportation concurrency |
255 | management area based upon an analysis that provides for a |
256 | justification for the areawide level of service, how urban |
257 | infill development or redevelopment will be promoted, and how |
258 | mobility will be accomplished within the transportation |
259 | concurrency management area. Prior to the designation of a |
260 | concurrency management area, the Department of Transportation |
261 | shall be consulted by the local government to assess the impact |
262 | that the proposed concurrency management area is expected to |
263 | have on the adopted level-of-service standards established for |
264 | Strategic Intermodal System facilities, as defined in s. 339.64, |
265 | and roadway facilities funded in accordance with s. 339.2819. |
266 | Further, the local government shall, in cooperation with the |
267 | Department of Transportation, develop a plan to mitigate any |
268 | impacts to the Strategic Intermodal System, including, if |
269 | appropriate, the development of a long-term concurrency |
270 | management system pursuant to subsection (9) and s. |
271 | 163.3177(3)(d). Transportation concurrency management areas |
272 | existing prior to July 1, 2005, shall meet, at a minimum, the |
273 | provisions of this section by July 1, 2006, or at the time of |
274 | the comprehensive plan update pursuant to the evaluation and |
275 | appraisal report, whichever occurs last. The state land planning |
276 | agency shall amend chapter 9J-5, Florida Administrative Code, to |
277 | be consistent with this subsection. By October 1, 2006, the |
278 | Department of Transportation, after publicly noticed workshops, |
279 | shall publish and distribute to local governments a policy |
280 | guideline containing criteria and options to assist local |
281 | governments in planning to assess and mitigate the impacts of a |
282 | proposed concurrency management area as described in this |
283 | paragraph. |
284 | (9)(a) Each local government may adopt as a part of its |
285 | plan, long-term transportation and school concurrency management |
286 | systems with a planning period of up to 10 years for specially |
287 | designated districts or areas where significant backlogs exist. |
288 | The plan may include interim level-of-service standards on |
289 | certain facilities and shall rely on the local government's |
290 | schedule of capital improvements for up to 10 years as a basis |
291 | for issuing development orders that authorize commencement of |
292 | construction in these designated districts or areas. The |
293 | concurrency management system must be designed to correct |
294 | existing deficiencies and set priorities for addressing |
295 | backlogged facilities. The concurrency management system must be |
296 | financially feasible and consistent with other portions of the |
297 | adopted local plan, including the future land use map. If a |
298 | long-term concurrency management system is adopted pursuant to |
299 | this paragraph for specially designated districts or areas where |
300 | significant backlog exists, then such plan shall be deemed |
301 | concurrent throughout the duration of the plan even if, in any |
302 | particular year, such transportation improvements are not |
303 | concurrent. |
304 | (13) School concurrency shall be established on a |
305 | districtwide basis and shall include all public schools in the |
306 | district and all portions of the district, whether located in a |
307 | municipality or an unincorporated area unless exempt from the |
308 | public school facilities element pursuant to s. 163.3177(12). |
309 | The application of school concurrency to development shall be |
310 | based upon the adopted comprehensive plan, as amended. All local |
311 | governments within a county, except as provided in paragraph |
312 | (f), shall adopt and transmit to the state land planning agency |
313 | the necessary plan amendments, along with the interlocal |
314 | agreement, for a compliance review pursuant to s. 163.3184(7) |
315 | and (8). The minimum requirements for school concurrency are the |
316 | following: |
317 | (d) Financial feasibility.--The Legislature recognizes |
318 | that financial feasibility is an important issue because the |
319 | premise of concurrency is that the public facilities will be |
320 | provided in order to achieve and maintain the adopted level-of- |
321 | service standard. This part and chapter 9J-5, Florida |
322 | Administrative Code, contain specific standards to determine the |
323 | financial feasibility of capital programs. These standards were |
324 | adopted to make concurrency more predictable and local |
325 | governments more accountable. |
326 | 1. A comprehensive plan amendment seeking to impose school |
327 | concurrency shall contain appropriate amendments to the capital |
328 | improvements element of the comprehensive plan, consistent with |
329 | the requirements of s. 163.3177(3) and rule 9J-5.016, Florida |
330 | Administrative Code. The capital improvements element shall set |
331 | forth a financially feasible public school capital facilities |
332 | program, established in conjunction with the school board, that |
333 | demonstrates that the adopted level-of-service standards will be |
334 | achieved and maintained. |
335 | 2. Such amendments shall demonstrate that the public |
336 | school capital facilities program meets all of the financial |
337 | feasibility standards of this part and chapter 9J-5, Florida |
338 | Administrative Code, that apply to capital programs which |
339 | provide the basis for mandatory concurrency on other public |
340 | facilities and services. |
341 | 3. When the financial feasibility of a public school |
342 | capital facilities program is evaluated by the state land |
343 | planning agency for purposes of a compliance determination, the |
344 | evaluation shall be based upon the service areas selected by the |
345 | local governments and school board. |
346 | 4. School capacity shall not be the basis to find any |
347 | amendment to a local government comprehensive plan not in |
348 | compliance pursuant to s. 163.3184 until the date established |
349 | pursuant to s. 163.3177(12)(i), provided data and analysis are |
350 | submitted to the state land planning agency demonstrating |
351 | coordination between the school board and the local government |
352 | to plan on addressing capacity issues. |
353 | (e) Availability standard.--Consistent with the public |
354 | welfare, a local government may not deny an application for site |
355 | plan, final subdivision approval, or the functional equivalent |
356 | for a development or phase of a development authorizing |
357 | residential development for failure to achieve and maintain the |
358 | level-of-service standard for public school capacity in a local |
359 | school concurrency management system where adequate school |
360 | facilities will be in place or under actual construction within |
361 | 3 years after the issuance of final subdivision or site plan |
362 | approval, or the functional equivalent. School concurrency shall |
363 | be satisfied if the developer executes a legally binding |
364 | commitment to provide proportionate fair-share mitigation |
365 | proportionate to the demand for public school facilities to be |
366 | created by actual development of the property, including, but |
367 | not limited to, the options described in subparagraph 1. Options |
368 | for proportionate fair-share proportionate-share mitigation of |
369 | impacts on public school facilities shall be established in the |
370 | public school facilities element and the interlocal agreement |
371 | pursuant to s. 163.31777. |
372 | 1. Appropriate proportionate fair-share mitigation options |
373 | include the contribution of land; the construction, expansion, |
374 | or payment for land acquisition or construction of a public |
375 | school facility; or the creation of mitigation banking based on |
376 | the construction of a public school facility in exchange for the |
377 | right to sell capacity credits. Such options must include |
378 | execution by the applicant and the local government of a binding |
379 | development agreement that constitutes a legally binding |
380 | commitment to pay proportionate fair-share proportionate-share |
381 | mitigation for the additional residential units approved by the |
382 | local government in a development order and actually developed |
383 | on the property, taking into account residential density allowed |
384 | on the property prior to the plan amendment that increased |
385 | overall residential density. The district school board shall be |
386 | a party to such an agreement. As a condition of its entry into |
387 | such a development agreement, the local government may require |
388 | the landowner to agree to continuing renewal of the agreement |
389 | upon its expiration. |
390 | 2. If the education facilities plan and the public |
391 | educational facilities element authorize a contribution of land; |
392 | the construction, expansion, or payment for land acquisition; or |
393 | the construction or expansion of a public school facility, or a |
394 | portion thereof, as proportionate fair-share proportionate-share |
395 | mitigation, the local government shall credit such a |
396 | contribution, construction, expansion, or payment toward any |
397 | other impact fee or exaction imposed by local ordinance for the |
398 | same need, on a dollar-for-dollar basis at fair market value. |
399 | 3. Any proportionate fair-share proportionate-share |
400 | mitigation must be directed by the school board toward a school |
401 | capacity improvement identified in a financially feasible 5-year |
402 | district work plan and which satisfies the demands created by |
403 | that development in accordance with a binding developer's |
404 | agreement. |
405 | 4. This paragraph does not limit the authority of a local |
406 | government to deny a development permit or its functional |
407 | equivalent pursuant to its home rule regulatory powers, except |
408 | as provided in this part. |
409 | (f) Intergovernmental coordination.-- |
410 | 1. When establishing concurrency requirements for public |
411 | schools, a local government shall satisfy the requirements for |
412 | intergovernmental coordination set forth in s. 163.3177(6)(h)1. |
413 | and 2., except that a municipality is not required to be a |
414 | signatory to the interlocal agreement required by ss. |
415 | 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for |
416 | imposition of school concurrency, and as a nonsignatory, shall |
417 | not participate in the adopted local school concurrency system, |
418 | if the municipality meets all of the following criteria for |
419 | having no significant impact on school attendance: |
420 | a. The municipality has issued development orders for |
421 | fewer than 50 residential dwelling units during the preceding 5 |
422 | years, or the municipality has generated fewer than 25 |
423 | additional public school students during the preceding 5 years. |
424 | b. The municipality has not annexed new land during the |
425 | preceding 5 years in land use categories which permit |
426 | residential uses that will affect school attendance rates. |
427 | c. The municipality has no public schools located within |
428 | its boundaries. |
429 | d. At least 80 percent of the developable land within the |
430 | boundaries of the municipality has been built upon. |
431 | 2. A municipality which qualifies as having no significant |
432 | impact on school attendance pursuant to the criteria of |
433 | subparagraph 1. must review and determine at the time of its |
434 | evaluation and appraisal report pursuant to s. 163.3191 whether |
435 | it continues to meet the criteria pursuant to s. 163.31777(6). |
436 | If the municipality determines that it no longer meets the |
437 | criteria, it must adopt appropriate school concurrency goals, |
438 | objectives, and policies in its plan amendments based on the |
439 | evaluation and appraisal report, and enter into the existing |
440 | interlocal agreement required by ss. 163.3177(6)(h)2. and |
441 | 163.31777, in order to fully participate in the school |
442 | concurrency system. If such a municipality fails to do so, it |
443 | will be subject to the enforcement provisions of s. 163.3191. |
444 | (g) Interlocal agreement for school concurrency.--When |
445 | establishing concurrency requirements for public schools, a |
446 | local government must enter into an interlocal agreement that |
447 | satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and |
448 | 163.31777 and the requirements of this subsection. The |
449 | interlocal agreement shall acknowledge both the school board's |
450 | constitutional and statutory obligations to provide a uniform |
451 | system of free public schools on a countywide basis, and the |
452 | land use authority of local governments, including their |
453 | authority to approve or deny comprehensive plan amendments and |
454 | development orders. The interlocal agreement shall be submitted |
455 | to the state land planning agency by the local government as a |
456 | part of the compliance review, along with the other necessary |
457 | amendments to the comprehensive plan required by this part. In |
458 | addition to the requirements of ss. 163.3177(6)(h) and |
459 | 163.31777, the interlocal agreement shall meet the following |
460 | requirements: |
461 | 1. Establish the mechanisms for coordinating the |
462 | development, adoption, and amendment of each local government's |
463 | public school facilities element with each other and the plans |
464 | of the school board to ensure a uniform districtwide school |
465 | concurrency system. |
466 | 2. Establish a process for the development of siting |
467 | criteria which encourages the location of public schools |
468 | proximate to urban residential areas to the extent possible and |
469 | seeks to collocate schools with other public facilities such as |
470 | parks, libraries, and community centers to the extent possible. |
471 | 3. Specify uniform, districtwide level-of-service |
472 | standards for public schools of the same type and the process |
473 | for modifying the adopted level-of-service standards. |
474 | 4. Establish a process for the preparation, amendment, and |
475 | joint approval by each local government and the school board of |
476 | a public school capital facilities program which is financially |
477 | feasible, and a process and schedule for incorporation of the |
478 | public school capital facilities program into the local |
479 | government comprehensive plans on an annual basis. |
480 | 5. Define the geographic application of school |
481 | concurrency. If school concurrency is to be applied on a less |
482 | than districtwide basis in the form of concurrency service |
483 | areas, the agreement shall establish criteria and standards for |
484 | the establishment and modification of school concurrency service |
485 | areas. The agreement shall also establish a process and schedule |
486 | for the mandatory incorporation of the school concurrency |
487 | service areas and the criteria and standards for establishment |
488 | of the service areas into the local government comprehensive |
489 | plans. The agreement shall ensure maximum utilization of school |
490 | capacity, taking into account transportation costs and court- |
491 | approved desegregation plans, as well as other factors. The |
492 | agreement shall also ensure the achievement and maintenance of |
493 | the adopted level-of-service standards for the geographic area |
494 | of application throughout the 5 years covered by the public |
495 | school capital facilities plan and thereafter by adding a new |
496 | fifth year during the annual update. |
497 | 6. Establish a uniform districtwide procedure for |
498 | implementing school concurrency which provides for: |
499 | a. The evaluation of development applications for |
500 | compliance with school concurrency requirements, including |
501 | information provided by the school board on affected schools, |
502 | impact on levels of service, and programmed improvements for |
503 | affected schools and any options to provide sufficient capacity; |
504 | b. An opportunity for the school board to review and |
505 | comment on the effect of comprehensive plan amendments and |
506 | rezonings on the public school facilities plan; and |
507 | c. The monitoring and evaluation of the school concurrency |
508 | system. |
509 | 7. Include provisions relating to amendment of the |
510 | agreement. |
511 | 8. A process and uniform methodology for determining fair- |
512 | share proportionate-share mitigation pursuant to subparagraph |
513 | (e)1. |
514 | (16) It is the intent of the Legislature to provide a |
515 | method by which the impacts of development on transportation |
516 | facilities can be mitigated by the cooperative efforts of the |
517 | public and private sectors. The methodology used to calculate |
518 | proportionate fair-share mitigation under this section shall be |
519 | as provided for in subsection (12). |
520 | (a) By December 1, 2006, each local government shall adopt |
521 | by ordinance a methodology for assessing proportionate fair- |
522 | share mitigation options. A local government that fails to adopt |
523 | a methodology for assessing proportionate fair-share mitigation |
524 | options by December 1, 2006, shall be subject to the sanctions |
525 | described in s. 163.3184(11)(a) imposed by the Administration |
526 | Commission. By December 1, 2005, the Department of |
527 | Transportation shall develop a model transportation concurrency |
528 | management ordinance with methodologies for assessing |
529 | proportionate fair-share mitigation options. |
530 | (b)1. In its transportation concurrency management system, |
531 | a local government shall, by December 1, 2006, include |
532 | methodologies that will be applied to calculate proportionate |
533 | fair-share mitigation. A local government that fails to include |
534 | such methodologies by December 1, 2006, shall be subject to the |
535 | sanctions described in s. 163.3184(11)(a) imposed by the |
536 | Administration Commission. A developer may choose to satisfy all |
537 | transportation concurrency requirements by contributing or |
538 | paying proportionate fair-share mitigation if transportation |
539 | facilities or facility segments identified as mitigation for |
540 | traffic impacts are specifically identified for funding in the |
541 | 5-year schedule of capital improvements in the capital |
542 | improvements element of the local plan or the long-term |
543 | concurrency management system or if such contributions or |
544 | payments to such facilities or segments are reflected in the 5- |
545 | year schedule of capital improvements in the next regularly |
546 | scheduled update of the capital improvements element. Updates to |
547 | the 5-year capital improvements element which reflect |
548 | proportionate fair-share contributions may not be found not in |
549 | compliance based on ss. 163.3164(32) 163.164(32) and 163.3177(3) |
550 | if additional contributions, payments or funding sources are |
551 | reasonably anticipated during a period not to exceed 10 years to |
552 | fully mitigate impacts on the transportation facilities. |
553 | 2. Proportionate fair-share mitigation shall be applied as |
554 | a credit against impact fees to the extent that all or a portion |
555 | of the proportionate fair-share mitigation is used to address |
556 | the same capital infrastructure improvements contemplated by the |
557 | local government's impact fee ordinance. |
558 | (c) Proportionate fair-share mitigation includes, without |
559 | limitation, separately or collectively, private funds, |
560 | contributions of land, and construction and contribution of |
561 | facilities and may include public funds as determined by the |
562 | local government. The fair market value of the proportionate |
563 | fair-share mitigation shall not differ based on the form of |
564 | mitigation. A local government may not require a development to |
565 | pay more than its proportionate fair-share mitigation |
566 | contribution regardless of the method of mitigation. |
567 | (e) Mitigation for development impacts to facilities on |
568 | the Strategic Intermodal System made pursuant to this subsection |
569 | requires the concurrence of the Department of Transportation. |
570 | The department has 60 days from the date of submission by the |
571 | applicable local government to concur or withhold concurrence |
572 | with the mitigation of development impacts to facilities on the |
573 | Strategic Intermodal System. If the department does not respond |
574 | within the 60-day period, the department is deemed to have |
575 | concurred with the mitigation. |
576 | (f) If In the event the funds in an adopted 5-year capital |
577 | improvements element are insufficient to fully fund construction |
578 | of a transportation improvement required by the local |
579 | government's concurrency management system, a local government |
580 | and a developer may still enter into a binding proportionate |
581 | fair-share mitigation proportionate-share agreement authorizing |
582 | the developer to construct that amount of development on which |
583 | the proportionate fair-share mitigation proportionate share is |
584 | calculated if the proportionate fair-share mitigation |
585 | proportionate-share amount in such agreement is sufficient to |
586 | pay for one or more improvements which will, in the opinion of |
587 | the governmental entity or entities maintaining the |
588 | transportation facilities, significantly benefit the impacted |
589 | transportation system. The improvement or improvements funded by |
590 | the proportionate fair-share mitigation proportionate-share |
591 | component must be adopted into the 5-year capital improvements |
592 | schedule of the comprehensive plan at the next annual capital |
593 | improvements element update. |
594 | Section 4. Subsection (17) of section 163.3184, Florida |
595 | Statutes, is amended to read: |
596 | 163.3184 Process for adoption of comprehensive plan or |
597 | plan amendment.-- |
598 | (17) A local government that has adopted a community |
599 | vision and urban service boundary under s. 163.3177(13) |
600 | 163.31773(13) and (14) may adopt a plan amendment related to map |
601 | amendments solely to property within an urban service boundary |
602 | in the manner described in subsections (1), (2), (7), (14), |
603 | (15), and (16) and s. 163.3187(1)(c)1.d. and e., 2., and 3., |
604 | such that state and regional agency review is eliminated. The |
605 | department may not issue an objections, recommendations, and |
606 | comments report on proposed plan amendments or a notice of |
607 | intent on adopted plan amendments; however, affected persons, as |
608 | defined by paragraph (1)(a), may file a petition for |
609 | administrative review pursuant to the requirements of s. |
610 | 163.3187(3)(a) to challenge the compliance of an adopted plan |
611 | amendment. This subsection does not apply to any amendment |
612 | within an area of critical state concern, to any amendment that |
613 | increases residential densities allowable in high-hazard coastal |
614 | areas as defined in s. 163.3178(2)(h), or to a text change to |
615 | the goals, policies, or objectives of the local government's |
616 | comprehensive plan. Amendments submitted under this subsection |
617 | are exempt from the limitation on the frequency of plan |
618 | amendments in s. 163.3187. |
619 | Section 5. Paragraph (p) is added to subsection (1) of |
620 | section 163.3187, Florida Statutes, to read: |
621 | 163.3187 Amendment of adopted comprehensive plan.-- |
622 | (1) Amendments to comprehensive plans adopted pursuant to |
623 | this part may be made not more than two times during any |
624 | calendar year, except: |
625 | (p)1. For municipalities that are more than 90 percent |
626 | built-out, any municipality's comprehensive plan amendments may |
627 | be approved without regard to limits imposed by law on the |
628 | frequency of consideration of amendments to the local |
629 | comprehensive plan only if the proposed amendment involves a use |
630 | of 100 acres or fewer and: |
631 | a. The cumulative annual effect of the acreage for all |
632 | amendments adopted pursuant to this paragraph does not exceed |
633 | 500 acres. |
634 | b. The proposed amendment does not involve the same |
635 | property granted a change within the prior 12 months. |
636 | c. The proposed amendment does not involve the same |
637 | owner's property within 200 feet of property granted a change |
638 | within the prior 12 months. |
639 | d. The proposed amendment does not involve a text change |
640 | to the goals, policies, and objectives of the local government's |
641 | comprehensive plan but only proposes a land use change to the |
642 | future land use map for a site-specific small scale development |
643 | activity. |
644 | e. The property that is the subject of the proposed |
645 | amendment is not located within an area of critical state |
646 | concern. |
647 | 2. For purposes of this paragraph, the term "built-out" |
648 | means 90 percent of the property within the municipality's |
649 | boundaries, excluding lands that are designated as conservation, |
650 | preservation, recreation, or public facilities categories, have |
651 | been developed or are the subject of an approved development |
652 | order that has received a building permit and the municipality |
653 | has an average density of five units per acre for residential |
654 | development. |
655 | 3.a. A local government that proposes to consider a plan |
656 | amendment pursuant to this paragraph is not required to comply |
657 | with the procedures and public notice requirements of s. |
658 | 163.3184(15)(c) for such plan amendments if the local government |
659 | complies with the provisions of s. 166.041(3)(c). If a request |
660 | for a plan amendment under this paragraph is initiated by other |
661 | than the local government, public notice of the amendment is |
662 | required. |
663 | b. The local government shall send copies of the notice |
664 | and amendment to the state land planning agency, the regional |
665 | planning council, and any other person or entity requesting a |
666 | copy. This information shall also include a statement |
667 | identifying any property subject to the amendment that is |
668 | located within a coastal high hazard area as identified in the |
669 | local comprehensive plan. |
670 | 4. Amendments adopted pursuant to this paragraph require |
671 | only one public hearing before the governing board, which shall |
672 | be an adoption hearing as described in s. 163.3184(7), and are |
673 | not subject to the requirements of s. 163.3184(3)-(6) unless the |
674 | local government elects to have them subject to those |
675 | requirements. |
676 | 5. This paragraph shall not apply if a municipality |
677 | annexes unincorporated property that decreases the percentage of |
678 | build-out to an amount below 90 percent. |
679 | 6. A municipality shall notify the state land planning |
680 | agency in writing of the municipality's built-out percentage |
681 | prior to the submission of any comprehensive plan amendments |
682 | under this subsection. |
683 | Section 6. Paragraph (a) of subsection (3) of section |
684 | 163.3247, Florida Statutes, is amended to read: |
685 | 163.3247 Century Commission for a Sustainable Florida.-- |
686 | (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; |
687 | CREATION; ORGANIZATION.--The Century Commission for a |
688 | Sustainable Florida is created as a standing body to help the |
689 | citizens of this state envision and plan their collective future |
690 | with an eye towards both 25-year and 50-year horizons. |
691 | (a) The commission shall consist of 15 members, 5 |
692 | appointed by the Governor, 5 appointed by the President of the |
693 | Senate, and 5 appointed by the Speaker of the House of |
694 | Representatives. Appointments shall be made no later than |
695 | October 1, 2005. The membership must represent local |
696 | governments, school boards, developers and homebuilders, the |
697 | business community, the agriculture community, the environmental |
698 | community, and other appropriate stakeholders. The membership |
699 | shall reflect the demographic makeup of the state. One member |
700 | shall be designated by the Governor as chair of the commission. |
701 | Any vacancy that occurs on the commission must be filled in the |
702 | same manner as the original appointment and shall be for the |
703 | unexpired term of that commission seat. Members shall serve 4- |
704 | year terms, except that, initially, to provide for staggered |
705 | terms, the Governor, the President of the Senate, and the |
706 | Speaker of the House of Representatives shall each appoint one |
707 | member to serve a 2-year term, two members to serve 3-year |
708 | terms, and two members to serve 4-year terms. All subsequent |
709 | appointments shall be for 4-year terms. An appointee may not |
710 | serve more than 6 years. |
711 | Section 7. Subsection (2) and paragraph (a) of subsection |
712 | (4) of section 339.2819, Florida Statutes, are amended to read: |
713 | 339.2819 Transportation Regional Incentive Program.-- |
714 | (2) The percentage of matching funds provided from the |
715 | Transportation Regional Incentive Program shall be 50 percent of |
716 | project costs, or up to 50 percent of the nonfederal share of |
717 | the eligible project cost for a public transportation facility |
718 | project. |
719 | (4)(a) Projects to be funded with Transportation Regional |
720 | Incentive Program funds shall, at a minimum: |
721 | 1. Support those transportation facilities that serve |
722 | national, statewide, or regional functions and function as an |
723 | integrated regional transportation system. |
724 | 2. Be identified in the capital improvements element of a |
725 | comprehensive plan that has been determined to be in compliance |
726 | with part II of chapter 163, after July 1, 2005, or to implement |
727 | a long-term concurrency management system adopted by a local |
728 | government in accordance with s. 163.3180(9) 163.3177(9). |
729 | Further, the project shall be in compliance with local |
730 | government comprehensive plan policies relative to corridor |
731 | management. |
732 | 3. Be consistent with the Strategic Intermodal System Plan |
733 | developed under s. 339.64. |
734 | 4. Have a commitment for local, regional, or private |
735 | financial matching funds as a percentage of the overall project |
736 | cost. |
737 | Section 8. Subsection (10) of section 339.55, Florida |
738 | Statutes, is amended to read: |
739 | 339.55 State-funded infrastructure bank.-- |
740 | (10) Funds paid into the State Transportation Trust Fund |
741 | pursuant to s. 201.15(1)(d) for the purposes of the State |
742 | Infrastructure Bank are hereby annually appropriated for |
743 | expenditure to support that program. |
744 | Section 9. Paragraphs (l), (m), and (n) of subsection (24) |
745 | of section 380.06, Florida Statutes, are amended, and subsection |
746 | (28) is added to that section, to read: |
747 | 380.06 Developments of regional impact.-- |
748 | (24) STATUTORY EXEMPTIONS.-- |
749 | (l) Any proposed development within an urban service |
750 | boundary established under s. 163.3177(14) is exempt from the |
751 | provisions of this section if the local government having |
752 | jurisdiction over the area where the development is proposed has |
753 | adopted the urban service boundary, and has entered into a |
754 | binding agreement with adjacent jurisdictions that would be |
755 | impacted and with the Department of Transportation regarding the |
756 | mitigation of impacts on state and regional transportation |
757 | facilities, and has adopted a proportionate fair-share |
758 | mitigation share methodology pursuant to s. 163.3180(16). |
759 | (m) Any proposed development within a rural land |
760 | stewardship area created under s. 163.3177(11)(d) is exempt from |
761 | the provisions of this section if the local government that has |
762 | adopted the rural land stewardship area has entered into a |
763 | binding agreement with jurisdictions that would be impacted and |
764 | the Department of Transportation regarding the mitigation of |
765 | impacts on state and regional transportation facilities, and has |
766 | adopted a proportionate fair-share mitigation share methodology |
767 | pursuant to s. 163.3180(16). |
768 | (n) Any proposed development or redevelopment within an |
769 | area designated as an urban infill and redevelopment area under |
770 | s. 163.2517 is exempt from the provisions of this section if the |
771 | local government has entered into a binding agreement with |
772 | jurisdictions that would be impacted and the Department of |
773 | Transportation regarding the mitigation of impacts on state and |
774 | regional transportation facilities, and has adopted a |
775 | proportionate fair-share mitigation share methodology pursuant |
776 | to s. 163.3180(16). |
777 | (28) PARTIAL STATUTORY EXEMPTIONS.-- |
778 | (a) If the binding agreement referenced under paragraph |
779 | (24)(l) for urban service boundaries is not entered into within |
780 | 12 months after establishment of the urban service boundary, the |
781 | development-of-regional-impact review for projects within the |
782 | urban service boundary must address transportation impacts only. |
783 | (b) If the binding agreement referenced under paragraph |
784 | (24)(n) for designated urban infill and redevelopment areas is |
785 | not entered into within 12 months after the designation of the |
786 | area or July 1, 2007, whichever occurs later, the development- |
787 | of-regional-impact review for projects within the urban infill |
788 | and redevelopment area must address transportation impacts only. |
789 | (c) If the binding agreement referenced under paragraph |
790 | (24)(m) for rural land stewardship areas is not entered into |
791 | within 12 months after the designation of a rural land |
792 | stewardship area, the development-of-regional-impact review for |
793 | projects within the rural land stewardship area must address |
794 | transportation impacts only. |
795 | (d) A local government that does not wish to enter into a |
796 | binding agreement or that is unable to agree on the terms of the |
797 | agreement referenced under paragraph (24)(l), paragraph (24)(m), |
798 | or paragraph (24)(n) shall provide written notification to the |
799 | state land planning agency of the desire not to enter into a |
800 | binding agreement or a failure to enter into a binding agreement |
801 | within the 12-month period referenced in paragraph (a), |
802 | paragraph (b), or paragraph (c). Following the notification of |
803 | the state land planning agency, the development-of-regional- |
804 | impact review for projects within the urban service boundary |
805 | under paragraph (24)(l), within a rural land stewardship area |
806 | under paragraph (24)(m), or for an urban infill and |
807 | redevelopment area under paragraph (24)(n) must address |
808 | transportation impacts only. |
809 | Section 10. Paragraph (a) of subsection (2) of section |
810 | 1013.65, Florida Statutes, is amended to read: |
811 | 1013.65 Educational and ancillary plant construction |
812 | funds; Public Education Capital Outlay and Debt Service Trust |
813 | Fund; allocation of funds.-- |
814 | (2)(a) The Public Education Capital Outlay and Debt |
815 | Service Trust Fund shall be comprised of the following sources, |
816 | which are hereby appropriated to the trust fund: |
817 | 1. Proceeds, premiums, and accrued interest from the sale |
818 | of public education bonds and that portion of the revenues |
819 | accruing from the gross receipts tax as provided by s. 9(a)(2), |
820 | Art. XII of the State Constitution, as amended, interest on |
821 | investments, and federal interest subsidies. |
822 | 2. General revenue funds appropriated to the fund for |
823 | educational capital outlay purposes. |
824 | 3. All capital outlay funds previously appropriated and |
825 | certified forward pursuant to s. 216.301. |
826 | 4.a. Funds paid pursuant to s. 201.15(1)(d). |
827 | b. The sum of $75 $41.75 million of such funds shall be |
828 | appropriated annually for expenditure to fund the Classrooms for |
829 | Kids Program created in s. 1013.735 and shall be distributed as |
830 | provided by that section. |
831 | c. The sum of $30 million of such funds shall be |
832 | appropriated each year for expenditure to fund the High Growth |
833 | District Capital Outlay Assistance Grant Program created in s. |
834 | 1013.738 and shall be distributed as provided in that section. |
835 | Section 11. Subsections (2) and (3) of section 1013.738, |
836 | Florida Statutes, are amended to read: |
837 | 1013.738 High Growth District Capital Outlay Assistance |
838 | Grant Program.-- |
839 | (2) In order to qualify for a grant, a school district |
840 | must meet the following criteria: |
841 | (a) The district must have levied the full 2 mills of |
842 | nonvoted discretionary capital outlay millage authorized in s. |
843 | 1011.71(2) for each of the past 3 4 fiscal years or currently |
844 | receive an amount from the school capital outlay surtax |
845 | authorized in s. 212.055(6) that, when added to the nonvoted |
846 | discretionary capital outlay millage collected, equals the |
847 | amount that would be generated if the full 2 mills of nonvoted |
848 | discretionary capital outlay millage had been collected over the |
849 | past 3 fiscal years. |
850 | (b) The district must receive, in the current fiscal year, |
851 | revenue from the collection of an impact fee specifically for |
852 | schools and revenue from the collection of one of the following: |
853 | 1. A local government infrastructure sales surtax |
854 | authorized in s. 212.055(2) in which a portion is dedicated for |
855 | the construction of schools in the current fiscal year. |
856 | 2. A school capital outlay surtax authorized in s. |
857 | 212.055(6). If the school capital outlay surtax is used to meet |
858 | the conditions of paragraph (a), the amount of the school |
859 | capital outlay surtax collected must be in excess of the amount |
860 | in paragraph (a). |
861 | 3. A local bond referendum as authorized in ss. 1010.40- |
862 | 1010.55. Fifty percent of the revenue derived from the 2-mill |
863 | nonvoted discretionary capital outlay millage for the past 4 |
864 | fiscal years, when divided by the district's growth in capital |
865 | outlay FTE students over this period, produces a value that is |
866 | less than the average cost per student station calculated |
867 | pursuant to s. 1013.72(2), and weighted by statewide growth in |
868 | capital outlay FTE students in elementary, middle, and high |
869 | schools for the past 4 fiscal years. |
870 | (c) The district must have equaled or exceeded three times |
871 | twice the statewide average of growth in capital outlay FTE |
872 | students over this same 3-year 4-year period. |
873 | (d) The district must not have received an appropriation |
874 | from the special facilities construction program in the current |
875 | fiscal year. The Commissioner of Education must have released |
876 | all funds allocated to the district from the Classrooms First |
877 | Program authorized in s. 1013.68, and these funds were fully |
878 | expended by the district as of February 1 of the current fiscal |
879 | year. |
880 | (e) The total capital outlay FTE students of the district |
881 | is greater than 15,000 students. |
882 | (3) The funds provided in the General Appropriations Act |
883 | shall be allocated pursuant to the following methodology: |
884 | (a) Each eligible district school board shall receive an |
885 | amount from the Public Education Capital Outlay and Debt Service |
886 | Trust Fund to be calculated by computing the capital outlay |
887 | full-time equivalent membership as determined by the department. |
888 | Such membership must include, but is not limited to: |
889 | 1. K-12 students, except hospital and homebound part-time |
890 | students; and |
891 | 2. Students who are career education students and adult |
892 | disabled students and who are enrolled in school district career |
893 | centers. For each eligible district, the Department of Education |
894 | shall calculate the value of 50 percent of the revenue derived |
895 | from the 2-mill nonvoted discretionary capital outlay millage |
896 | for the past 4 fiscal years divided by the increase in capital |
897 | outlay FTE students for the same period. |
898 | (b) The capital outlay full-time equivalent membership |
899 | shall be determined for kindergarten through grade 12 and for |
900 | career centers by averaging the unweighted full-time equivalent |
901 | membership for the second and third surveys and comparing the |
902 | results on a school-by-school basis with the Florida Inventory |
903 | for School Houses. The capital outlay full-time equivalent |
904 | membership by grade-level organization shall be used in making |
905 | the following calculation: the capital outlay full-time |
906 | equivalent membership by grade-level organization for the prior |
907 | year must be used to compute the growth over the highest of the |
908 | 3 years preceding the prior year. The Department of Education |
909 | shall determine, for each eligible district, the amount that |
910 | must be added to the value calculated pursuant to paragraph (a) |
911 | to produce the weighted average value per student station |
912 | calculated pursuant to paragraph (2)(b). |
913 | (c) The total amount appropriated by the Legislature |
914 | pursuant to this subsection shall be allocated among the growth |
915 | capital outlay full-time equivalent membership. The allocation |
916 | shall be prorated to the districts based upon each district's |
917 | percentage of growth capital outlay full-time equivalent |
918 | membership. The most recent 4-year capital outlay full-time |
919 | equivalent membership data shall be used in each subsequent |
920 | year's calculation for the allocation of funds pursuant to this |
921 | subsection. If a change, correction, or recomputation of data |
922 | during any year results in a reduction or increase of the |
923 | calculated amount previously allocated to a district, the |
924 | allocation to that district shall be adjusted correspondingly. |
925 | If such recomputation results in an increase or decrease of the |
926 | calculated amount, such additional or reduced amounts shall be |
927 | added to or reduced from the district's future appropriations. |
928 | However, no change, correction, or recomputation of data shall |
929 | be made subsequent to 2 years following the initial annual |
930 | allocation. The value calculated for each eligible district |
931 | pursuant to paragraph (b) shall be multiplied by the average |
932 | increase in capital outlay FTE students for the past 4 fiscal |
933 | years to determine the maximum amount of a grant that may be |
934 | awarded to a district pursuant to this section. |
935 | (d) In the event the funds provided in the General |
936 | Appropriations Act are insufficient to fully fund the maximum |
937 | grants calculated pursuant to paragraph (c), the Department of |
938 | Education shall allocate the funds based on each district's |
939 | prorated share of the total maximum award amount calculated for |
940 | all eligible districts. |
941 | Section 12. Paragraph (a) of subsection (2) of section 27 |
942 | of chapter 2005-290, Laws of Florida, is amended to read: |
943 | Section 27. |
944 | (2) The following appropriations are made for the 2005- |
945 | 2006 fiscal year only on a nonrecurring basis: |
946 | (a) From the State Transportation Trust Fund in the |
947 | Department of Transportation: |
948 | 1. One hundred seventy-five Two hundred million dollars |
949 | for the purposes specified in sections 339.61, 339.62, 339.63, |
950 | and 339.64, Florida Statutes. |
951 | 2. Two hundred seventy-five million dollars for the |
952 | purposes specified in section 339.2819, Florida Statutes. |
953 | 3. One hundred million dollars for the purposes specified |
954 | in section 339.55, Florida Statutes. |
955 | 4. Twenty-five million for the purposes specified in |
956 | section 339.2817, Florida Statutes. |
957 | Section 13. The Legislature finds that local governments |
958 | should have the ability to require all new development to |
959 | mitigate the development's impact on transportation facilities, |
960 | regardless of the size or type of development, by payment of a |
961 | per-trip fee as an alternative to the adoption by the local |
962 | government of impact fees for transportation facilities or the |
963 | implementation of proportionate fair-share mitigation. |
964 | Therefore, the Legislature hereby directs that the Department of |
965 | Transportation shall conduct a study to determine if a per-trip |
966 | fee would provide local government with an effective method of |
967 | ensuring that the cost of transportation facilities is equitable |
968 | and equally distributed. Such fees would be imposed on roadways |
969 | and paid at the time of the issuance of a building permit or its |
970 | functional equivalent. The revenues derived from such fees would |
971 | be used to fund new facilities or to fix existing deficiencies |
972 | on transportation facilities. The department shall submit a |
973 | report of its findings and recommendations to the Governor, the |
974 | President of the Senate, and the Speaker of the House of |
975 | Representatives by December 1, 2006. |
976 | Section 14. Effective upon this act becoming a law, the |
977 | $30 million appropriated in s. 1013.65(2)(a)4.c., Florida |
978 | Statutes, as provided by section 25 of chapter 2005-290, Laws of |
979 | Florida, which was vetoed for the 2005-2006 fiscal year, which |
980 | sum is in the Public Education Capital Outlay and Debt Service |
981 | Trust Fund in the Department of Education, is appropriated for |
982 | the 2005-2006 fiscal year on a nonrecurring basis to the High |
983 | Growth District Capital Outlay Assistance Grant Program created |
984 | in s. 1013.738, Florida Statutes. |
985 | Section 15. This act shall take effect July 1, 2006. |
986 |
|
987 | ================= T I T L E A M E N D M E N T ================= |
988 | Remove the entire title, and insert: |
989 | An act relating to growth management; amending s. |
990 | 163.3164, F.S.; revising a definition; amending s. |
991 | 163.3177, F.S.; deleting a requirement that the entire |
992 | comprehensive plan be financially feasible; specifying |
993 | limitations on challenges to certain changes in a 5-year |
994 | schedule of capital improvements; authorizing local |
995 | governments to continue adopting land use plan amendments |
996 | during challenges to the plan; correcting a cross- |
997 | reference; amending s. 163.3180, F.S.; revising |
998 | concurrency requirements and procedures; providing |
999 | sanctions; providing for a waiver of transportation |
1000 | facilities concurrency requirements for certain urban |
1001 | infill, redevelopment, and downtown revitalization areas |
1002 | and certain built-out municipalities; requiring local |
1003 | governments and the Department of Transportation to |
1004 | establish a plan for maintaining certain level-of-service |
1005 | standards; providing requirements for the waiver for such |
1006 | built-out municipalities; exempting certain areas from |
1007 | certain transportation concurrency requirements; deleting |
1008 | recordkeeping and reporting requirements related to |
1009 | transportation de minimis impacts; providing that school |
1010 | capacity is not a basis for finding a comprehensive plan |
1011 | amendment not in compliance; deleting a requirement to |
1012 | incorporate the school concurrency service areas and |
1013 | criteria and standards for establishment of the service |
1014 | areas into the local government comprehensive plan; |
1015 | amending s. 163.3184, F.S.; correcting a cross-reference; |
1016 | amending s. 163.3187, F.S.; authorizing approval of |
1017 | certain small scale amendments to a comprehensive plan for |
1018 | certain built-out municipalities; providing criteria, |
1019 | requirements, and procedures; providing for nonapplication |
1020 | under certain circumstances; amending s. 163.3247, F.S.; |
1021 | providing a requirement on the makeup of the Century |
1022 | Commission for a Sustainable Florida; amending s. |
1023 | 339.2819, F.S.; revising criteria for matching funds for |
1024 | the Transportation Regional Incentive Program; correcting |
1025 | a cross-reference; amending s. 339.55, F.S.; deleting an |
1026 | annual appropriation from the State Transportation Trust |
1027 | Fund for State Infrastructure Bank purposes; amending s. |
1028 | 380.06, F.S.; revising certain statutory exemption |
1029 | provisions for developments of regional impact; revising |
1030 | an exemption from development of regional impact review |
1031 | for certain developments within an urban service boundary; |
1032 | limiting development-of-regional-impact review of certain |
1033 | urban service boundaries, urban infill and redevelopment |
1034 | areas, and rural land stewardship areas to transportation |
1035 | impacts only under certain circumstances; amending s. |
1036 | 1013.65, F.S.; revising the sum appropriated for the |
1037 | Classrooms for Kids Program; providing a continuing |
1038 | appropriation for the High Growth District Capital Outlay |
1039 | Assistance Grant Program; amending s. 1013.738, F.S.; |
1040 | revising the eligibility criteria for the High Growth |
1041 | District Capital Outlay Assistance Grant Program; revising |
1042 | provisions for allocation of funds; providing |
1043 | calculations; amending s. 27, ch. 2005-290, Laws of |
1044 | Florida; revising an appropriation from the State |
1045 | Transportation Trust Fund for Florida Strategic Intermodal |
1046 | System purposes; providing legislative findings; requiring |
1047 | the Department of Transportation to conduct a study of |
1048 | per-trip fees on certain transportation facilities for |
1049 | certain purposes; providing study criteria; requiring a |
1050 | report to the Governor and Legislature; providing an |
1051 | appropriation from the Public Education Capital Outlay and |
1052 | Debt Service Trust Fund to the High Growth District |
1053 | Capital Outlay Assistance Grant Program; providing an |
1054 | effective date. |