| 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 |
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| 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. |