Amendment
Bill No. 7167
Amendment No. 841619
CHAMBER ACTION
Senate House
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1Representative(s) Johnson offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause, and insert:
5     Section 1.  Subsection (32) of section 163.3164, Florida
6Statutes, is amended to read:
7     163.3164  Local Government Comprehensive Planning and Land
8Development Regulation Act; definitions.--As used in this act:
9     (32)  "Financial feasibility" means that sufficient
10revenues are currently available or will be available from
11committed funding sources for the first 3 years, or will be
12available from committed or planned funding sources for years 4
13and 5, of a 5-year capital improvement schedule for financing
14capital improvements, such as ad valorem taxes, bonds, state and
15federal funds, tax revenues, impact fees, and developer
16contributions, which are adequate to fund the projected costs of
17the capital improvements identified in the comprehensive plan
18necessary to ensure that adopted level-of-service standards are
19achieved and maintained within the period covered by the 5-year
20schedule of capital improvements. The requirement that level-of-
21service standards be achieved and maintained shall not apply if
22the proportionate fair-share mitigation proportionate-share
23process 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,
26Florida Statutes, are amended to read:
27     163.3177  Required and optional elements of comprehensive
28plan; studies and surveys.--
29     (2)  Coordination of the several elements of the local
30comprehensive plan shall be a major objective of the planning
31process. The several elements of the comprehensive plan shall be
32consistent, and the comprehensive plan shall be financially
33feasible. Financial Feasibility shall be determined using
34professionally accepted methodologies.
35     (3)
36     (b)1.  The capital improvements element shall be reviewed
37on an annual basis and modified as necessary in accordance with
38s. 163.3187 or s. 163.3189 in order to maintain a financially
39feasible 5-year schedule of capital improvements. Corrections
40and modifications concerning costs; revenue sources; or
41acceptance of facilities pursuant to dedications which are
42consistent with the plan may be accomplished by ordinance and
43shall not be deemed to be amendments to the local comprehensive
44plan. A copy of the ordinance shall be transmitted to the state
45land planning agency. An amendment to the comprehensive plan is
46required to update the schedule on an annual basis or to
47eliminate, defer, or delay the construction for any facility
48listed in the 5-year schedule. An affected person may challenge
49the addition of a facility, or the elimination, deferral, or
50delay of a project, only when the facility is first added to the
515-year schedule of capital improvements or when the project is
52proposed to be eliminated, deferred, or delayed. All public
53facilities shall be consistent with the capital improvements
54element. Amendments to implement this section must be adopted
55and transmitted no later than December 1, 2007. Thereafter, a
56local government may not amend its future land use map, except
57for plan amendments to meet new requirements under this part and
58emergency amendments pursuant to s. 163.3187(1)(a), after
59December 1, 2007, and every year thereafter, unless and until
60the local government has adopted the annual update and it has
61been transmitted to the state land planning agency. If an
62affected party challenges the 5-year schedule of capital
63improvements, a local government may continue to adopt plan
64amendments to the future land use map during the pendency of the
65challenge and any related litigation.
66     2.  Capital improvements element amendments adopted after
67the effective date of this act shall require only a single
68public hearing before the governing board which shall be an
69adoption hearing as described in s. 163.3184(7). Such amendments
70are not subject to the requirements of s. 163.3184(3)-(6).
71     (13)  Local governments are encouraged to develop a
72community vision that provides for sustainable growth,
73recognizes its fiscal constraints, and protects its natural
74resources. At the request of a local government, the applicable
75regional planning council shall provide assistance in the
76development of a community vision.
77     (c)  As part of the workshops and public meetings, the
78local government must discuss strategies for addressing the
79topics discussed under paragraph (b), including:
80     1.  Strategies to preserve open space and environmentally
81sensitive lands, and to encourage a healthy agricultural
82economy, including innovative planning and development
83strategies, such as the transfer of development rights;
84     2.  Incentives for mixed-use development, including
85increased height and intensity standards for buildings that
86provide residential use in combination with office or commercial
87space;
88     3.  Incentives for workforce housing;
89     4.  Designation of an urban service boundary pursuant to
90subsection (14) (2); and
91     5.  Strategies to provide mobility within the community and
92to protect the Strategic Intermodal System, including the
93development of a transportation corridor management plan under
94s. 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,
99Florida Statutes, are amended, and paragraph (f) of subsection
100(5) of that section is amended and paragraphs (h), (i), and (j)
101are added to that subsection, to read:
102     163.3180  Concurrency.--
103     (2)
104     (c)  Consistent with the public welfare, and except as
105otherwise provided in this section, transportation facilities
106needed to serve new development shall be in place or under
107actual construction or programmed for construction to commence
108in the Department of Transportation's work program or the local
109government's schedule of capital improvements within 3 years
110after the local government approves a building permit or its
111functional equivalent that results in traffic generation.
112     (5)
113     (f)  Prior to the designation of a concurrency exception
114area, the Department of Transportation shall be consulted by the
115local government to assess the impact that the proposed
116exception area is expected to have on the adopted level-of-
117service standards established for Strategic Intermodal System
118facilities, as defined in s. 339.64, and roadway facilities
119funded in accordance with s. 339.2819. Further, the local
120government shall, in cooperation with the Department of
121Transportation, develop a plan to mitigate any impacts to the
122Strategic Intermodal System, including, if appropriate, the
123development of a long-term concurrency management system
124pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
125may be available only within the specific geographic area of the
126jurisdiction designated in the plan. Pursuant to s. 163.3184,
127any affected person may challenge a plan amendment establishing
128these guidelines and the areas within which an exception could
129be granted. By October 1, 2006, the Department of
130Transportation, after publicly noticed workshops, shall publish
131and distribute to local governments a policy guideline
132containing criteria and options to assist local governments in
133planning to assess and mitigate the impacts of a proposed
134concurrency exception area as described in this paragraph.
135     (h)  It is a high state priority that urban infill and
136redevelopment be promoted and provided incentives. By promoting
137the revitalization of existing communities of this state, a more
138efficient maximization of space and facilities may be achieved
139and urban sprawl discouraged. If a local government creates a
140long-term vision for its community that includes adequate
141funding, services, and multimodal transportation options, the
142transportation facilities concurrency requirements of paragraph
143(2)(c) are waived:
144     1.a.  For urban infill and redevelopment areas designated
145in the comprehensive plan under s. 163.2517; or
146     b.  For areas designated in the comprehensive plan prior to
147January 1, 2006, as urban infill development, urban
148redevelopment, or downtown revitalization.
149
150The local government and the Department of Transportation shall
151cooperatively establish a plan for maintaining the adopted
152level-of-service standards established by the Department of
153Transportation for Strategic Intermodal System facilities, as
154defined in s. 339.64.
155     2.  For municipalities that are built-out. For purposes of
156this exemption:
157     a.  The term "built-out" means that 90 percent of the
158property within the municipality's boundaries, excluding lands
159that are designated as conservation, preservation, recreation,
160or public facilities categories, have been developed or are the
161subject of an approved development order that has received a
162building permit and the municipality has an average density of
163five units per acre for residential developments.
164     b.  The municipality must have adopted an ordinance that
165provides the methodology for determining its built-out
166percentage, declares that transportation concurrency
167requirements are waived within its municipal boundary or within
168a designated area of the municipality, and addresses multimodal
169options and strategies, including alternative modes of
170transportation within the municipality. Prior to the adoption of
171the ordinance, the local government shall consult with the
172Department of Transportation to assess the impact that the
173waiver of the transportation concurrency requirements is
174expected to have on the adopted level-of-service standards
175established for Strategic Intermodal System facilities, as
176defined in s. 339.64. Further, the local government shall
177cooperatively establish a plan for maintaining the adopted
178level-of-service standards established by the department for
179Strategic Intermodal System facilities, as described in s.
180339.64.
181     c.  If a municipality annexes any property, the
182municipality must recalculate its built-out percentage pursuant
183to the methodology set forth in its ordinance to verify whether
184the annexed property may be included within the exemption.
185     d.  If transportation concurrency requirements are waived
186under this subparagraph, the municipality must adopt a
187comprehensive plan amendment pursuant to s. 163.3187(1)(c),
188which updates its transportation element to reflect the
189transportation concurrency requirements waiver, and must submit
190a copy of its ordinance, adopted in sub-subparagraph b., to the
191state land planning agency.
192     (i)  An areawide development of regional impact granted to
193a municipality under s. 380.06(25) is exempt from the
194requirements of transportation facilities concurrency if the
195development of regional impact's boundaries have not been
196increased after July 1, 2005, and a mitigation plan with
197identified funding has been submitted and approved by the
198Department of Transportation to address transportation
199deficiencies, if the approved development order did not address
200such deficiencies. New applications for development approval
201that are located outside of but are adjacent and contiguous to
202the specified exempt development-of-regional-impact boundaries
203shall not include the trips generated by such exempt development
204of regional impact as part of their transportation facilities
205concurrency calculations.
206     (j)  A development of regional impact granted to a downtown
207development authority under s. 380.06(22) is exempt from the
208requirements of transportation facilities concurrency if the
209development of regional impact's boundaries have not been
210increased after July 1, 2005, and a mitigation plan with
211identified funding has been submitted and approved by the
212Department of Transportation to address transportation
213deficiencies, if the approved development order did not address
214such deficiencies. New applications for development approval
215that are located outside of but are adjacent and contiguous to
216the specified exempt development-of-regional-impact boundaries
217shall not include the trips generated by such exempt development
218of regional impact as part of their transportation facilities
219concurrency calculations.
220     (6)  The Legislature finds that a de minimis impact is
221consistent with this part. A de minimis impact is an impact that
222would not affect more than 1 percent of the maximum volume at
223the adopted level of service of the affected transportation
224facility as determined by the local government. No impact will
225be de minimis if the sum of existing roadway volumes and the
226projected volumes from approved projects on a transportation
227facility would exceed 110 percent of the maximum volume at the
228adopted level of service of the affected transportation
229facility; provided however, that an impact of a single family
230home on an existing lot will constitute a de minimis impact on
231all roadways regardless of the level of the deficiency of the
232roadway. Further, no impact will be de minimis if it would
233exceed the adopted level-of-service standard of any affected
234designated hurricane evacuation routes. Each local government
235shall maintain sufficient records to ensure that the 110-percent
236criterion is not exceeded. Each local government shall submit
237annually, with its updated capital improvements element, a
238summary of the de minimis records. If the state land planning
239agency determines that the 110-percent criterion has been
240exceeded, the state land planning agency shall notify the local
241government of the exceedance and that no further de minimis
242exceptions for the applicable roadway may be granted until such
243time as the volume is reduced below the 110 percent. The local
244government shall provide proof of this reduction to the state
245land planning agency before issuing further de minimis
246exceptions.
247     (7)  In order to promote infill development and
248redevelopment, one or more transportation concurrency management
249areas may be designated in a local government comprehensive
250plan. A transportation concurrency management area must be a
251compact geographic area with an existing network of roads where
252multiple, viable alternative travel paths or modes are available
253for common trips. A local government may establish an areawide
254level-of-service standard for such a transportation concurrency
255management area based upon an analysis that provides for a
256justification for the areawide level of service, how urban
257infill development or redevelopment will be promoted, and how
258mobility will be accomplished within the transportation
259concurrency management area. Prior to the designation of a
260concurrency management area, the Department of Transportation
261shall be consulted by the local government to assess the impact
262that the proposed concurrency management area is expected to
263have on the adopted level-of-service standards established for
264Strategic Intermodal System facilities, as defined in s. 339.64,
265and roadway facilities funded in accordance with s. 339.2819.
266Further, the local government shall, in cooperation with the
267Department of Transportation, develop a plan to mitigate any
268impacts to the Strategic Intermodal System, including, if
269appropriate, the development of a long-term concurrency
270management system pursuant to subsection (9) and s.
271163.3177(3)(d). Transportation concurrency management areas
272existing prior to July 1, 2005, shall meet, at a minimum, the
273provisions of this section by July 1, 2006, or at the time of
274the comprehensive plan update pursuant to the evaluation and
275appraisal report, whichever occurs last. The state land planning
276agency shall amend chapter 9J-5, Florida Administrative Code, to
277be consistent with this subsection. By October 1, 2006, the
278Department of Transportation, after publicly noticed workshops,
279shall publish and distribute to local governments a policy
280guideline containing criteria and options to assist local
281governments in planning to assess and mitigate the impacts of a
282proposed concurrency management area as described in this
283paragraph.
284     (9)(a)  Each local government may adopt as a part of its
285plan, long-term transportation and school concurrency management
286systems with a planning period of up to 10 years for specially
287designated districts or areas where significant backlogs exist.
288The plan may include interim level-of-service standards on
289certain facilities and shall rely on the local government's
290schedule of capital improvements for up to 10 years as a basis
291for issuing development orders that authorize commencement of
292construction in these designated districts or areas. The
293concurrency management system must be designed to correct
294existing deficiencies and set priorities for addressing
295backlogged facilities. The concurrency management system must be
296financially feasible and consistent with other portions of the
297adopted local plan, including the future land use map. If a
298long-term concurrency management system is adopted pursuant to
299this paragraph for specially designated districts or areas where
300significant backlog exists, then such plan shall be deemed
301concurrent throughout the duration of the plan even if, in any
302particular year, such transportation improvements are not
303concurrent.
304     (13)  School concurrency shall be established on a
305districtwide basis and shall include all public schools in the
306district and all portions of the district, whether located in a
307municipality or an unincorporated area unless exempt from the
308public school facilities element pursuant to s. 163.3177(12).
309The application of school concurrency to development shall be
310based upon the adopted comprehensive plan, as amended. All local
311governments within a county, except as provided in paragraph
312(f), shall adopt and transmit to the state land planning agency
313the necessary plan amendments, along with the interlocal
314agreement, for a compliance review pursuant to s. 163.3184(7)
315and (8). The minimum requirements for school concurrency are the
316following:
317     (d)  Financial feasibility.--The Legislature recognizes
318that financial feasibility is an important issue because the
319premise of concurrency is that the public facilities will be
320provided in order to achieve and maintain the adopted level-of-
321service standard. This part and chapter 9J-5, Florida
322Administrative Code, contain specific standards to determine the
323financial feasibility of capital programs. These standards were
324adopted to make concurrency more predictable and local
325governments more accountable.
326     1.  A comprehensive plan amendment seeking to impose school
327concurrency shall contain appropriate amendments to the capital
328improvements element of the comprehensive plan, consistent with
329the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
330Administrative Code. The capital improvements element shall set
331forth a financially feasible public school capital facilities
332program, established in conjunction with the school board, that
333demonstrates that the adopted level-of-service standards will be
334achieved and maintained.
335     2.  Such amendments shall demonstrate that the public
336school capital facilities program meets all of the financial
337feasibility standards of this part and chapter 9J-5, Florida
338Administrative Code, that apply to capital programs which
339provide the basis for mandatory concurrency on other public
340facilities and services.
341     3.  When the financial feasibility of a public school
342capital facilities program is evaluated by the state land
343planning agency for purposes of a compliance determination, the
344evaluation shall be based upon the service areas selected by the
345local governments and school board.
346     4.  School capacity shall not be the basis to find any
347amendment to a local government comprehensive plan not in
348compliance pursuant to s. 163.3184 until the date established
349pursuant to s. 163.3177(12)(i), provided data and analysis are
350submitted to the state land planning agency demonstrating
351coordination between the school board and the local government
352to plan on addressing capacity issues.
353     (e)  Availability standard.--Consistent with the public
354welfare, a local government may not deny an application for site
355plan, final subdivision approval, or the functional equivalent
356for a development or phase of a development authorizing
357residential development for failure to achieve and maintain the
358level-of-service standard for public school capacity in a local
359school concurrency management system where adequate school
360facilities will be in place or under actual construction within
3613 years after the issuance of final subdivision or site plan
362approval, or the functional equivalent. School concurrency shall
363be satisfied if the developer executes a legally binding
364commitment to provide proportionate fair-share mitigation
365proportionate to the demand for public school facilities to be
366created by actual development of the property, including, but
367not limited to, the options described in subparagraph 1. Options
368for proportionate fair-share proportionate-share mitigation of
369impacts on public school facilities shall be established in the
370public school facilities element and the interlocal agreement
371pursuant to s. 163.31777.
372     1.  Appropriate proportionate fair-share mitigation options
373include the contribution of land; the construction, expansion,
374or payment for land acquisition or construction of a public
375school facility; or the creation of mitigation banking based on
376the construction of a public school facility in exchange for the
377right to sell capacity credits. Such options must include
378execution by the applicant and the local government of a binding
379development agreement that constitutes a legally binding
380commitment to pay proportionate fair-share proportionate-share
381mitigation for the additional residential units approved by the
382local government in a development order and actually developed
383on the property, taking into account residential density allowed
384on the property prior to the plan amendment that increased
385overall residential density. The district school board shall be
386a party to such an agreement. As a condition of its entry into
387such a development agreement, the local government may require
388the landowner to agree to continuing renewal of the agreement
389upon its expiration.
390     2.  If the education facilities plan and the public
391educational facilities element authorize a contribution of land;
392the construction, expansion, or payment for land acquisition; or
393the construction or expansion of a public school facility, or a
394portion thereof, as proportionate fair-share proportionate-share
395mitigation, the local government shall credit such a
396contribution, construction, expansion, or payment toward any
397other impact fee or exaction imposed by local ordinance for the
398same need, on a dollar-for-dollar basis at fair market value.
399     3.  Any proportionate fair-share proportionate-share
400mitigation must be directed by the school board toward a school
401capacity improvement identified in a financially feasible 5-year
402district work plan and which satisfies the demands created by
403that development in accordance with a binding developer's
404agreement.
405     4.  This paragraph does not limit the authority of a local
406government to deny a development permit or its functional
407equivalent pursuant to its home rule regulatory powers, except
408as provided in this part.
409     (f)  Intergovernmental coordination.--
410     1.  When establishing concurrency requirements for public
411schools, a local government shall satisfy the requirements for
412intergovernmental coordination set forth in s. 163.3177(6)(h)1.
413and 2., except that a municipality is not required to be a
414signatory to the interlocal agreement required by ss.
415163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
416imposition of school concurrency, and as a nonsignatory, shall
417not participate in the adopted local school concurrency system,
418if the municipality meets all of the following criteria for
419having no significant impact on school attendance:
420     a.  The municipality has issued development orders for
421fewer than 50 residential dwelling units during the preceding 5
422years, or the municipality has generated fewer than 25
423additional public school students during the preceding 5 years.
424     b.  The municipality has not annexed new land during the
425preceding 5 years in land use categories which permit
426residential uses that will affect school attendance rates.
427     c.  The municipality has no public schools located within
428its boundaries.
429     d.  At least 80 percent of the developable land within the
430boundaries of the municipality has been built upon.
431     2.  A municipality which qualifies as having no significant
432impact on school attendance pursuant to the criteria of
433subparagraph 1. must review and determine at the time of its
434evaluation and appraisal report pursuant to s. 163.3191 whether
435it continues to meet the criteria pursuant to s. 163.31777(6).
436If the municipality determines that it no longer meets the
437criteria, it must adopt appropriate school concurrency goals,
438objectives, and policies in its plan amendments based on the
439evaluation and appraisal report, and enter into the existing
440interlocal agreement required by ss. 163.3177(6)(h)2. and
441163.31777, in order to fully participate in the school
442concurrency system. If such a municipality fails to do so, it
443will be subject to the enforcement provisions of s. 163.3191.
444     (g)  Interlocal agreement for school concurrency.--When
445establishing concurrency requirements for public schools, a
446local government must enter into an interlocal agreement that
447satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
448163.31777 and the requirements of this subsection. The
449interlocal agreement shall acknowledge both the school board's
450constitutional and statutory obligations to provide a uniform
451system of free public schools on a countywide basis, and the
452land use authority of local governments, including their
453authority to approve or deny comprehensive plan amendments and
454development orders. The interlocal agreement shall be submitted
455to the state land planning agency by the local government as a
456part of the compliance review, along with the other necessary
457amendments to the comprehensive plan required by this part. In
458addition to the requirements of ss. 163.3177(6)(h) and
459163.31777, the interlocal agreement shall meet the following
460requirements:
461     1.  Establish the mechanisms for coordinating the
462development, adoption, and amendment of each local government's
463public school facilities element with each other and the plans
464of the school board to ensure a uniform districtwide school
465concurrency system.
466     2.  Establish a process for the development of siting
467criteria which encourages the location of public schools
468proximate to urban residential areas to the extent possible and
469seeks to collocate schools with other public facilities such as
470parks, libraries, and community centers to the extent possible.
471     3.  Specify uniform, districtwide level-of-service
472standards for public schools of the same type and the process
473for modifying the adopted level-of-service standards.
474     4.  Establish a process for the preparation, amendment, and
475joint approval by each local government and the school board of
476a public school capital facilities program which is financially
477feasible, and a process and schedule for incorporation of the
478public school capital facilities program into the local
479government comprehensive plans on an annual basis.
480     5.  Define the geographic application of school
481concurrency. If school concurrency is to be applied on a less
482than districtwide basis in the form of concurrency service
483areas, the agreement shall establish criteria and standards for
484the establishment and modification of school concurrency service
485areas. The agreement shall also establish a process and schedule
486for the mandatory incorporation of the school concurrency
487service areas and the criteria and standards for establishment
488of the service areas into the local government comprehensive
489plans. The agreement shall ensure maximum utilization of school
490capacity, taking into account transportation costs and court-
491approved desegregation plans, as well as other factors. The
492agreement shall also ensure the achievement and maintenance of
493the adopted level-of-service standards for the geographic area
494of application throughout the 5 years covered by the public
495school capital facilities plan and thereafter by adding a new
496fifth year during the annual update.
497     6.  Establish a uniform districtwide procedure for
498implementing school concurrency which provides for:
499     a.  The evaluation of development applications for
500compliance with school concurrency requirements, including
501information provided by the school board on affected schools,
502impact on levels of service, and programmed improvements for
503affected schools and any options to provide sufficient capacity;
504     b.  An opportunity for the school board to review and
505comment on the effect of comprehensive plan amendments and
506rezonings on the public school facilities plan; and
507     c.  The monitoring and evaluation of the school concurrency
508system.
509     7.  Include provisions relating to amendment of the
510agreement.
511     8.  A process and uniform methodology for determining fair-
512share proportionate-share mitigation pursuant to subparagraph
513(e)1.
514     (16)  It is the intent of the Legislature to provide a
515method by which the impacts of development on transportation
516facilities can be mitigated by the cooperative efforts of the
517public and private sectors. The methodology used to calculate
518proportionate fair-share mitigation under this section shall be
519as provided for in subsection (12).
520     (a)  By December 1, 2006, each local government shall adopt
521by ordinance a methodology for assessing proportionate fair-
522share mitigation options. A local government that fails to adopt
523a methodology for assessing proportionate fair-share mitigation
524options by December 1, 2006, shall be subject to the sanctions
525described in s. 163.3184(11)(a) imposed by the Administration
526Commission. By December 1, 2005, the Department of
527Transportation shall develop a model transportation concurrency
528management ordinance with methodologies for assessing
529proportionate fair-share mitigation options.
530     (b)1.  In its transportation concurrency management system,
531a local government shall, by December 1, 2006, include
532methodologies that will be applied to calculate proportionate
533fair-share mitigation. A local government that fails to include
534such methodologies by December 1, 2006, shall be subject to the
535sanctions described in s. 163.3184(11)(a) imposed by the
536Administration Commission. A developer may choose to satisfy all
537transportation concurrency requirements by contributing or
538paying proportionate fair-share mitigation if transportation
539facilities or facility segments identified as mitigation for
540traffic impacts are specifically identified for funding in the
5415-year schedule of capital improvements in the capital
542improvements element of the local plan or the long-term
543concurrency management system or if such contributions or
544payments to such facilities or segments are reflected in the 5-
545year schedule of capital improvements in the next regularly
546scheduled update of the capital improvements element. Updates to
547the 5-year capital improvements element which reflect
548proportionate fair-share contributions may not be found not in
549compliance based on ss. 163.3164(32) 163.164(32) and 163.3177(3)
550if additional contributions, payments or funding sources are
551reasonably anticipated during a period not to exceed 10 years to
552fully mitigate impacts on the transportation facilities.
553     2.  Proportionate fair-share mitigation shall be applied as
554a credit against impact fees to the extent that all or a portion
555of the proportionate fair-share mitigation is used to address
556the same capital infrastructure improvements contemplated by the
557local government's impact fee ordinance.
558     (c)  Proportionate fair-share mitigation includes, without
559limitation, separately or collectively, private funds,
560contributions of land, and construction and contribution of
561facilities and may include public funds as determined by the
562local government. The fair market value of the proportionate
563fair-share mitigation shall not differ based on the form of
564mitigation. A local government may not require a development to
565pay more than its proportionate fair-share mitigation
566contribution regardless of the method of mitigation.
567     (e)  Mitigation for development impacts to facilities on
568the Strategic Intermodal System made pursuant to this subsection
569requires the concurrence of the Department of Transportation.
570The department has 60 days from the date of submission by the
571applicable local government to concur or withhold concurrence
572with the mitigation of development impacts to facilities on the
573Strategic Intermodal System. If the department does not respond
574within the 60-day period, the department is deemed to have
575concurred with the mitigation.
576     (f)  If In the event the funds in an adopted 5-year capital
577improvements element are insufficient to fully fund construction
578of a transportation improvement required by the local
579government's concurrency management system, a local government
580and a developer may still enter into a binding proportionate
581fair-share mitigation proportionate-share agreement authorizing
582the developer to construct that amount of development on which
583the proportionate fair-share mitigation proportionate share is
584calculated if the proportionate fair-share mitigation
585proportionate-share amount in such agreement is sufficient to
586pay for one or more improvements which will, in the opinion of
587the governmental entity or entities maintaining the
588transportation facilities, significantly benefit the impacted
589transportation system. The improvement or improvements funded by
590the proportionate fair-share mitigation proportionate-share
591component must be adopted into the 5-year capital improvements
592schedule of the comprehensive plan at the next annual capital
593improvements element update.
594     Section 4.  Subsection (17) of section 163.3184, Florida
595Statutes, is amended to read:
596     163.3184  Process for adoption of comprehensive plan or
597plan amendment.--
598     (17)  A local government that has adopted a community
599vision and urban service boundary under s. 163.3177(13)
600163.31773(13) and (14) may adopt a plan amendment related to map
601amendments solely to property within an urban service boundary
602in 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.,
604such that state and regional agency review is eliminated. The
605department may not issue an objections, recommendations, and
606comments report on proposed plan amendments or a notice of
607intent on adopted plan amendments; however, affected persons, as
608defined by paragraph (1)(a), may file a petition for
609administrative review pursuant to the requirements of s.
610163.3187(3)(a) to challenge the compliance of an adopted plan
611amendment. This subsection does not apply to any amendment
612within an area of critical state concern, to any amendment that
613increases residential densities allowable in high-hazard coastal
614areas as defined in s. 163.3178(2)(h), or to a text change to
615the goals, policies, or objectives of the local government's
616comprehensive plan. Amendments submitted under this subsection
617are exempt from the limitation on the frequency of plan
618amendments in s. 163.3187.
619     Section 5.  Paragraph (p) is added to subsection (1) of
620section 163.3187, Florida Statutes, to read:
621     163.3187  Amendment of adopted comprehensive plan.--
622     (1)  Amendments to comprehensive plans adopted pursuant to
623this part may be made not more than two times during any
624calendar year, except:
625     (p)1.  For municipalities that are more than 90 percent
626built-out, any municipality's comprehensive plan amendments may
627be approved without regard to limits imposed by law on the
628frequency of consideration of amendments to the local
629comprehensive plan only if the proposed amendment involves a use
630of 100 acres or fewer and:
631     a.  The cumulative annual effect of the acreage for all
632amendments adopted pursuant to this paragraph does not exceed
633500 acres.
634     b.  The proposed amendment does not involve the same
635property granted a change within the prior 12 months.
636     c.  The proposed amendment does not involve the same
637owner's property within 200 feet of property granted a change
638within the prior 12 months.
639     d.  The proposed amendment does not involve a text change
640to the goals, policies, and objectives of the local government's
641comprehensive plan but only proposes a land use change to the
642future land use map for a site-specific small scale development
643activity.
644     e.  The property that is the subject of the proposed
645amendment is not located within an area of critical state
646concern.
647     2.  For purposes of this paragraph, the term "built-out"
648means 90 percent of the property within the municipality's
649boundaries, excluding lands that are designated as conservation,
650preservation, recreation, or public facilities categories, have
651been developed or are the subject of an approved development
652order that has received a building permit and the municipality
653has an average density of five units per acre for residential
654development.
655     3.a.  A local government that proposes to consider a plan
656amendment pursuant to this paragraph is not required to comply
657with the procedures and public notice requirements of s.
658163.3184(15)(c) for such plan amendments if the local government
659complies with the provisions of s. 166.041(3)(c). If a request
660for a plan amendment under this paragraph is initiated by other
661than the local government, public notice of the amendment is
662required.
663     b.  The local government shall send copies of the notice
664and amendment to the state land planning agency, the regional
665planning council, and any other person or entity requesting a
666copy. This information shall also include a statement
667identifying any property subject to the amendment that is
668located within a coastal high hazard area as identified in the
669local comprehensive plan.
670     4.  Amendments adopted pursuant to this paragraph require
671only one public hearing before the governing board, which shall
672be an adoption hearing as described in s. 163.3184(7), and are
673not subject to the requirements of s. 163.3184(3)-(6) unless the
674local government elects to have them subject to those
675requirements.
676     5.  This paragraph shall not apply if a municipality
677annexes unincorporated property that decreases the percentage of
678build-out to an amount below 90 percent.
679     6.  A municipality shall notify the state land planning
680agency in writing of the municipality's built-out percentage
681prior to the submission of any comprehensive plan amendments
682under this subsection.
683     Section 6.  Paragraph (a) of subsection (3) of section
684163.3247, Florida Statutes, is amended to read:
685     163.3247  Century Commission for a Sustainable Florida.--
686     (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
687CREATION; ORGANIZATION.--The Century Commission for a
688Sustainable Florida is created as a standing body to help the
689citizens of this state envision and plan their collective future
690with an eye towards both 25-year and 50-year horizons.
691     (a)  The commission shall consist of 15 members, 5
692appointed by the Governor, 5 appointed by the President of the
693Senate, and 5 appointed by the Speaker of the House of
694Representatives. Appointments shall be made no later than
695October 1, 2005. The membership must represent local
696governments, school boards, developers and homebuilders, the
697business community, the agriculture community, the environmental
698community, and other appropriate stakeholders. The membership
699shall reflect the demographic makeup of the state. One member
700shall be designated by the Governor as chair of the commission.
701Any vacancy that occurs on the commission must be filled in the
702same manner as the original appointment and shall be for the
703unexpired term of that commission seat. Members shall serve 4-
704year terms, except that, initially, to provide for staggered
705terms, the Governor, the President of the Senate, and the
706Speaker of the House of Representatives shall each appoint one
707member to serve a 2-year term, two members to serve 3-year
708terms, and two members to serve 4-year terms. All subsequent
709appointments shall be for 4-year terms. An appointee may not
710serve 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
715Transportation Regional Incentive Program shall be 50 percent of
716project costs, or up to 50 percent of the nonfederal share of
717the eligible project cost for a public transportation facility
718project.
719     (4)(a)  Projects to be funded with Transportation Regional
720Incentive Program funds shall, at a minimum:
721     1.  Support those transportation facilities that serve
722national, statewide, or regional functions and function as an
723integrated regional transportation system.
724     2.  Be identified in the capital improvements element of a
725comprehensive plan that has been determined to be in compliance
726with part II of chapter 163, after July 1, 2005, or to implement
727a long-term concurrency management system adopted by a local
728government in accordance with s. 163.3180(9) 163.3177(9).
729Further, the project shall be in compliance with local
730government comprehensive plan policies relative to corridor
731management.
732     3.  Be consistent with the Strategic Intermodal System Plan
733developed under s. 339.64.
734     4.  Have a commitment for local, regional, or private
735financial matching funds as a percentage of the overall project
736cost.
737     Section 8.  Subsection (10) of section 339.55, Florida
738Statutes, is amended to read:
739     339.55  State-funded infrastructure bank.--
740     (10)  Funds paid into the State Transportation Trust Fund
741pursuant to s. 201.15(1)(d) for the purposes of the State
742Infrastructure Bank are hereby annually appropriated for
743expenditure to support that program.
744     Section 9.  Paragraphs (l), (m), and (n) of subsection (24)
745of 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
750boundary established under s. 163.3177(14) is exempt from the
751provisions of this section if the local government having
752jurisdiction over the area where the development is proposed has
753adopted the urban service boundary, and has entered into a
754binding agreement with adjacent jurisdictions that would be
755impacted and with the Department of Transportation regarding the
756mitigation of impacts on state and regional transportation
757facilities, and has adopted a proportionate fair-share
758mitigation share methodology pursuant to s. 163.3180(16).
759     (m)  Any proposed development within a rural land
760stewardship area created under s. 163.3177(11)(d) is exempt from
761the provisions of this section if the local government that has
762adopted the rural land stewardship area has entered into a
763binding agreement with jurisdictions that would be impacted and
764the Department of Transportation regarding the mitigation of
765impacts on state and regional transportation facilities, and has
766adopted a proportionate fair-share mitigation share methodology
767pursuant to s. 163.3180(16).
768     (n)  Any proposed development or redevelopment within an
769area designated as an urban infill and redevelopment area under
770s. 163.2517 is exempt from the provisions of this section if the
771local government has entered into a binding agreement with
772jurisdictions that would be impacted and the Department of
773Transportation regarding the mitigation of impacts on state and
774regional transportation facilities, and has adopted a
775proportionate fair-share mitigation share methodology pursuant
776to 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
78012 months after establishment of the urban service boundary, the
781development-of-regional-impact review for projects within the
782urban 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
785not entered into within 12 months after the designation of the
786area or July 1, 2007, whichever occurs later, the development-
787of-regional-impact review for projects within the urban infill
788and 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
791within 12 months after the designation of a rural land
792stewardship area, the development-of-regional-impact review for
793projects within the rural land stewardship area must address
794transportation impacts only.
795     (d)  A local government that does not wish to enter into a
796binding agreement or that is unable to agree on the terms of the
797agreement referenced under paragraph (24)(l), paragraph (24)(m),
798or paragraph (24)(n) shall provide written notification to the
799state land planning agency of the desire not to enter into a
800binding agreement or a failure to enter into a binding agreement
801within the 12-month period referenced in paragraph (a),
802paragraph (b), or paragraph (c). Following the notification of
803the state land planning agency, the development-of-regional-
804impact review for projects within the urban service boundary
805under paragraph (24)(l), within a rural land stewardship area
806under paragraph (24)(m), or for an urban infill and
807redevelopment area under paragraph (24)(n) must address
808transportation impacts only.
809     Section 10.  Paragraph (a) of subsection (2) of section
8101013.65, Florida Statutes, is amended to read:
811     1013.65  Educational and ancillary plant construction
812funds; Public Education Capital Outlay and Debt Service Trust
813Fund; allocation of funds.--
814     (2)(a)  The Public Education Capital Outlay and Debt
815Service Trust Fund shall be comprised of the following sources,
816which are hereby appropriated to the trust fund:
817     1.  Proceeds, premiums, and accrued interest from the sale
818of public education bonds and that portion of the revenues
819accruing from the gross receipts tax as provided by s. 9(a)(2),
820Art. XII of the State Constitution, as amended, interest on
821investments, and federal interest subsidies.
822     2.  General revenue funds appropriated to the fund for
823educational capital outlay purposes.
824     3.  All capital outlay funds previously appropriated and
825certified 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
828appropriated annually for expenditure to fund the Classrooms for
829Kids Program created in s. 1013.735 and shall be distributed as
830provided by that section.
831     c.  The sum of $30 million of such funds shall be
832appropriated each year for expenditure to fund the High Growth
833District Capital Outlay Assistance Grant Program created in s.
8341013.738 and shall be distributed as provided in that section.
835     Section 11.  Subsections (2) and (3) of section 1013.738,
836Florida Statutes, are amended to read:
837     1013.738  High Growth District Capital Outlay Assistance
838Grant Program.--
839     (2)  In order to qualify for a grant, a school district
840must meet the following criteria:
841     (a)  The district must have levied the full 2 mills of
842nonvoted discretionary capital outlay millage authorized in s.
8431011.71(2) for each of the past 3 4 fiscal years or currently
844receive an amount from the school capital outlay surtax
845authorized in s. 212.055(6) that, when added to the nonvoted
846discretionary capital outlay millage collected, equals the
847amount that would be generated if the full 2 mills of nonvoted
848discretionary capital outlay millage had been collected over the
849past 3 fiscal years.
850     (b)  The district must receive, in the current fiscal year,
851revenue from the collection of an impact fee specifically for
852schools and revenue from the collection of one of the following:
853     1.  A local government infrastructure sales surtax
854authorized in s. 212.055(2) in which a portion is dedicated for
855the construction of schools in the current fiscal year.
856     2.  A school capital outlay surtax authorized in s.
857212.055(6). If the school capital outlay surtax is used to meet
858the conditions of paragraph (a), the amount of the school
859capital outlay surtax collected must be in excess of the amount
860in paragraph (a).
861     3.  A local bond referendum as authorized in ss. 1010.40-
8621010.55. Fifty percent of the revenue derived from the 2-mill
863nonvoted discretionary capital outlay millage for the past 4
864fiscal years, when divided by the district's growth in capital
865outlay FTE students over this period, produces a value that is
866less than the average cost per student station calculated
867pursuant to s. 1013.72(2), and weighted by statewide growth in
868capital outlay FTE students in elementary, middle, and high
869schools for the past 4 fiscal years.
870     (c)  The district must have equaled or exceeded three times
871twice the statewide average of growth in capital outlay FTE
872students over this same 3-year 4-year period.
873     (d)  The district must not have received an appropriation
874from the special facilities construction program in the current
875fiscal year. The Commissioner of Education must have released
876all funds allocated to the district from the Classrooms First
877Program authorized in s. 1013.68, and these funds were fully
878expended by the district as of February 1 of the current fiscal
879year.
880     (e)  The total capital outlay FTE students of the district
881is greater than 15,000 students.
882     (3)  The funds provided in the General Appropriations Act
883shall be allocated pursuant to the following methodology:
884     (a)  Each eligible district school board shall receive an
885amount from the Public Education Capital Outlay and Debt Service
886Trust Fund to be calculated by computing the capital outlay
887full-time equivalent membership as determined by the department.
888Such membership must include, but is not limited to:
889     1.  K-12 students, except hospital and homebound part-time
890students; and
891     2.  Students who are career education students and adult
892disabled students and who are enrolled in school district career
893centers. For each eligible district, the Department of Education
894shall calculate the value of 50 percent of the revenue derived
895from the 2-mill nonvoted discretionary capital outlay millage
896for the past 4 fiscal years divided by the increase in capital
897outlay FTE students for the same period.
898     (b)  The capital outlay full-time equivalent membership
899shall be determined for kindergarten through grade 12 and for
900career centers by averaging the unweighted full-time equivalent
901membership for the second and third surveys and comparing the
902results on a school-by-school basis with the Florida Inventory
903for School Houses. The capital outlay full-time equivalent
904membership by grade-level organization shall be used in making
905the following calculation: the capital outlay full-time
906equivalent membership by grade-level organization for the prior
907year must be used to compute the growth over the highest of the
9083 years preceding the prior year. The Department of Education
909shall determine, for each eligible district, the amount that
910must be added to the value calculated pursuant to paragraph (a)
911to produce the weighted average value per student station
912calculated pursuant to paragraph (2)(b).
913     (c)  The total amount appropriated by the Legislature
914pursuant to this subsection shall be allocated among the growth
915capital outlay full-time equivalent membership. The allocation
916shall be prorated to the districts based upon each district's
917percentage of growth capital outlay full-time equivalent
918membership. The most recent 4-year capital outlay full-time
919equivalent membership data shall be used in each subsequent
920year's calculation for the allocation of funds pursuant to this
921subsection. If a change, correction, or recomputation of data
922during any year results in a reduction or increase of the
923calculated amount previously allocated to a district, the
924allocation to that district shall be adjusted correspondingly.
925If such recomputation results in an increase or decrease of the
926calculated amount, such additional or reduced amounts shall be
927added to or reduced from the district's future appropriations.
928However, no change, correction, or recomputation of data shall
929be made subsequent to 2 years following the initial annual
930allocation. The value calculated for each eligible district
931pursuant to paragraph (b) shall be multiplied by the average
932increase in capital outlay FTE students for the past 4 fiscal
933years to determine the maximum amount of a grant that may be
934awarded to a district pursuant to this section.
935     (d)  In the event the funds provided in the General
936Appropriations Act are insufficient to fully fund the maximum
937grants calculated pursuant to paragraph (c), the Department of
938Education shall allocate the funds based on each district's
939prorated share of the total maximum award amount calculated for
940all eligible districts.
941     Section 12.  Paragraph (a) of subsection (2) of section 27
942of chapter 2005-290, Laws of Florida, is amended to read:
943     Section 27.
944     (2)  The following appropriations are made for the 2005-
9452006 fiscal year only on a nonrecurring basis:
946     (a)  From the State Transportation Trust Fund in the
947Department of Transportation:
948     1.  One hundred seventy-five Two hundred million dollars
949for the purposes specified in sections 339.61, 339.62, 339.63,
950and 339.64, Florida Statutes.
951     2.  Two hundred seventy-five million dollars for the
952purposes specified in section 339.2819, Florida Statutes.
953     3.  One hundred million dollars for the purposes specified
954in section 339.55, Florida Statutes.
955     4.  Twenty-five million for the purposes specified in
956section 339.2817, Florida Statutes.
957     Section 13.  The Legislature finds that local governments
958should have the ability to require all new development to
959mitigate the development's impact on transportation facilities,
960regardless of the size or type of development, by payment of a
961per-trip fee as an alternative to the adoption by the local
962government of impact fees for transportation facilities or the
963implementation of proportionate fair-share mitigation.
964Therefore, the Legislature hereby directs that the Department of
965Transportation shall conduct a study to determine if a per-trip
966fee would provide local government with an effective method of
967ensuring that the cost of transportation facilities is equitable
968and equally distributed. Such fees would be imposed on roadways
969and paid at the time of the issuance of a building permit or its
970functional equivalent. The revenues derived from such fees would
971be used to fund new facilities or to fix existing deficiencies
972on transportation facilities. The department shall submit a
973report of its findings and recommendations to the Governor, the
974President of the Senate, and the Speaker of the House of
975Representatives 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
978Statutes, as provided by section 25 of chapter 2005-290, Laws of
979Florida, which was vetoed for the 2005-2006 fiscal year, which
980sum is in the Public Education Capital Outlay and Debt Service
981Trust Fund in the Department of Education, is appropriated for
982the 2005-2006 fiscal year on a nonrecurring basis to the High
983Growth District Capital Outlay Assistance Grant Program created
984in 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:
989An act relating to growth management; amending s.
990163.3164, F.S.; revising a definition; amending s.
991163.3177, F.S.; deleting a requirement that the entire
992comprehensive plan be financially feasible; specifying
993limitations on challenges to certain changes in a 5-year
994schedule of capital improvements; authorizing local
995governments to continue adopting land use plan amendments
996during challenges to the plan; correcting a cross-
997reference; amending s. 163.3180, F.S.; revising
998concurrency requirements and procedures; providing
999sanctions; providing for a waiver of transportation
1000facilities concurrency requirements for certain urban
1001infill, redevelopment, and downtown revitalization areas
1002and certain built-out municipalities; requiring local
1003governments and the Department of Transportation to
1004establish a plan for maintaining certain level-of-service
1005standards; providing requirements for the waiver for such
1006built-out municipalities; exempting certain areas from
1007certain transportation concurrency requirements; deleting
1008recordkeeping and reporting requirements related to
1009transportation de minimis impacts; providing that school
1010capacity is not a basis for finding a comprehensive plan
1011amendment not in compliance; deleting a requirement to
1012incorporate the school concurrency service areas and
1013criteria and standards for establishment of the service
1014areas into the local government comprehensive plan;
1015amending s. 163.3184, F.S.; correcting a cross-reference;
1016amending s. 163.3187, F.S.; authorizing approval of
1017certain small scale amendments to a comprehensive plan for
1018certain built-out municipalities; providing criteria,
1019requirements, and procedures; providing for nonapplication
1020under certain circumstances; amending s. 163.3247, F.S.;
1021providing a requirement on the makeup of the Century
1022Commission for a Sustainable Florida; amending s.
1023339.2819, F.S.; revising criteria for matching funds for
1024the Transportation Regional Incentive Program; correcting
1025a cross-reference; amending s. 339.55, F.S.; deleting an
1026annual appropriation from the State Transportation Trust
1027Fund for State Infrastructure Bank purposes; amending s.
1028380.06, F.S.; revising certain statutory exemption
1029provisions for developments of regional impact; revising
1030an exemption from development of regional impact review
1031for certain developments within an urban service boundary;
1032limiting development-of-regional-impact review of certain
1033urban service boundaries, urban infill and redevelopment
1034areas, and rural land stewardship areas to transportation
1035impacts only under certain circumstances; amending s.
10361013.65, F.S.; revising the sum appropriated for the
1037Classrooms for Kids Program; providing a continuing
1038appropriation for the High Growth District Capital Outlay
1039Assistance Grant Program; amending s. 1013.738, F.S.;
1040revising the eligibility criteria for the High Growth
1041District Capital Outlay Assistance Grant Program; revising
1042provisions for allocation of funds; providing
1043calculations; amending s. 27, ch. 2005-290, Laws of
1044Florida; revising an appropriation from the State
1045Transportation Trust Fund for Florida Strategic Intermodal
1046System purposes; providing legislative findings; requiring
1047the Department of Transportation to conduct a study of
1048per-trip fees on certain transportation facilities for
1049certain purposes; providing study criteria; requiring a
1050report to the Governor and Legislature; providing an
1051appropriation from the Public Education Capital Outlay and
1052Debt Service Trust Fund to the High Growth District
1053Capital Outlay Assistance Grant Program; providing an
1054effective date.


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