HB 7167

1	A bill to be entitled
2	An act relating to growth management; amending s.
3	163.3164, F.S.; revising a definition; amending s.
4	163.3177, F.S.; correcting a cross-reference; amending s.
5	163.31777, F.S.; revising requirements and procedures for
6	public schools interlocal agreements; amending s.
7	163.3180, F.S.; revising concurrency requirements and
8	procedures; amending ss. 163.3184 and 339.2819, F.S.;
9	correcting cross-references; amending s. 339.55, F.S.;
10	deleting an annual appropriation from the State
11	Transportation Trust Fund for State Infrastructure Bank
12	purposes; amending s. 380.06, F.S.; revising certain
13	statutory exemption provisions for developments of
14	regional impact; amending s. 1013.33, F.S.; revising
15	requirements and procedures for coordination of planning
16	with local governing bodies; amending s. 1013.65, F.S.;
17	revising an appropriation from the Public Education
18	Capital Outlay and Debt Service Trust Fund to the
19	Classroom for Kids Program; amending s. 27, ch. 2005-290,
20	Laws of Florida; revising an appropriation from the State
21	Transportation Trust Fund for Florida Strategic Intermodal
22	System purposes; providing appropriations; providing an
23	effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Subsection (32) of section 163.3164, Florida
28	Statutes, is amended to read:
29	163.3164  Local Government Comprehensive Planning and Land
30	Development Regulation Act; definitions.--As used in this act:
31	(32)  "Financial feasibility" means that sufficient
32	revenues are currently available or will be available from
33	committed funding sources for the first 3 years, or will be
34	available from committed or planned funding sources for years 4
35	and 5, of a 5-year capital improvement schedule for financing
36	capital improvements, such as ad valorem taxes, bonds, state and
37	federal funds, tax revenues, impact fees, and developer
38	contributions, which are adequate to fund the projected costs of
39	the capital improvements identified in the comprehensive plan
40	necessary to ensure that adopted level-of-service standards are
41	achieved and maintained within the period covered by the 5-year
42	schedule of capital improvements. The requirement that level-of-
43	service standards be achieved and maintained shall not apply if
44	the proportionate fair-share mitigation proportionate-share
45	process set forth in s. 163.3180(12) and (16) is used.
46	Section 2.  Paragraph (c) of subsection (13) of section
47	163.3177, Florida Statutes, is amended to read:
48	163.3177  Required and optional elements of comprehensive
49	plan; studies and surveys.--
50	(13)  Local governments are encouraged to develop a
51	community vision that provides for sustainable growth,
52	recognizes its fiscal constraints, and protects its natural
53	resources. At the request of a local government, the applicable
54	regional planning council shall provide assistance in the
55	development of a community vision.
56	(c)  As part of the workshops and public meetings, the
57	local government must discuss strategies for addressing the
58	topics discussed under paragraph (b), including:
59	1.  Strategies to preserve open space and environmentally
60	sensitive lands, and to encourage a healthy agricultural
61	economy, including innovative planning and development
62	strategies, such as the transfer of development rights;
63	2.  Incentives for mixed-use development, including
64	increased height and intensity standards for buildings that
65	provide residential use in combination with office or commercial
66	space;
67	3.  Incentives for workforce housing;
68	4.  Designation of an urban service boundary pursuant to
69	subsection (14) (2); and
70	5.  Strategies to provide mobility within the community and
71	to protect the Strategic Intermodal System, including the
72	development of a transportation corridor management plan under
73	s. 337.273.
74	Section 3.  Subsections (1) and (2), paragraph (a) of
75	subsection (3), and subsection (4) of section 163.31777, Florida
76	Statutes, are amended to read:
77	163.31777  Public schools interlocal agreement.--
78	(1)(a)  The district school board, county, and nonexempt
79	municipalities located within the geographic area of a school
80	district shall enter into an interlocal agreement with the
81	district school board which jointly establishes the specific
82	ways in which the plans and processes of the district school
83	board and the local governments are to be coordinated. The
84	interlocal agreements shall be submitted to the state land
85	planning agency and the Office of Educational Facilities and the
86	SMART Schools Clearinghouse in accordance with a schedule
87	published by the state land planning agency.
88	(b)  The schedule must establish staggered due dates for
89	submission of interlocal agreements that are executed by both
90	the local government and the district school board, commencing
91	on March 1, 2003, and concluding by December 1, 2004, and must
92	set the same date for all governmental entities within a school
93	district. However, if the county where the school district is
94	located contains more than 20 municipalities, the state land
95	planning agency may establish staggered due dates for the
96	submission of interlocal agreements by these municipalities. The
97	schedule must begin with those areas where both the number of
98	districtwide capital-outlay full-time-equivalent students equals
99	80 percent or more of the current year's school capacity and the
100	projected 5-year student growth is 1,000 or greater, or where
101	the projected 5-year student growth rate is 10 percent or
102	greater.
103	(b)(c)  If the student population has declined over the 5-
104	year period preceding the due date for submittal of an
105	interlocal agreement by the local government and the district
106	school board, the local government and the district school board
107	may petition the state land planning agency for a waiver of one
108	or more requirements of subsection (2). The waiver must be
109	granted if the procedures called for in subsection (2) are
110	unnecessary because of the school district's declining school
111	age population, considering the district's 5-year facilities
112	work program prepared pursuant to s. 1013.35. The state land
113	planning agency may modify or revoke the waiver upon a finding
114	that the conditions upon which the waiver was granted no longer
115	exist. The district school board and local governments must
116	submit an interlocal agreement within 1 year after notification
117	by the state land planning agency that the conditions for a
118	waiver no longer exist.
119	(c)(d)  Interlocal agreements between local governments and
120	district school boards adopted pursuant to s. 163.3177 before
121	the effective date of this section must be updated and executed
122	pursuant to the requirements of this section, if necessary.
123	Amendments to interlocal agreements adopted pursuant to this
124	section must be submitted to the state land planning agency
125	within 30 days after execution by the parties for review
126	consistent with this section. Local governments and the district
127	school board in each school district are encouraged to adopt a
128	single updated interlocal agreement to which all join as
129	parties. The state land planning agency shall assemble and make
130	available model interlocal agreements meeting the requirements
131	of this section and notify local governments and, jointly with
132	the Department of Education, the district school boards of the
133	requirements of this section, the dates for compliance, and the
134	sanctions for noncompliance. The state land planning agency
135	shall be available to informally review proposed interlocal
136	agreements. If the state land planning agency has not received a
137	proposed interlocal agreement for informal review, the state
138	land planning agency shall, at least 60 days before the deadline
139	for submission of the executed agreement, renotify the local
140	government and the district school board of the upcoming
141	deadline and the potential for sanctions.
142	(2)  The interlocal agreement must acknowledge the school
143	board's constitutional and statutory obligations to provide a
144	uniform system of free public schools on a countywide basis and
145	the land use authority of local governments, including the
146	authority to approve or deny comprehensive plan amendments and
147	development orders. At a minimum, The interlocal agreement must
148	address interlocal-agreement requirements in s. 163.3180(13)(g),
149	except for exempt local governments as provided in s.
150	163.3177(12), and must address the following issues:
151	(a)  Mechanisms for coordinating the development, adoption,
152	and amendment of each local government's public school
153	facilities element with each other local government that is a
154	party to the agreements and the plans of the school board to
155	ensure a uniform districtwide school concurrency system.
156	(b)  A process for developing siting criteria that
157	encourages the location of public schools proximate to urban
158	residential areas to the extent possible and seeks to collocate
159	schools with other public facilities, including, but not limited
160	to, parks, libraries, and community centers, to the extent
161	possible.
162	(c)  Uniform, districtwide, level-of-service standards for
163	public schools of the same type and a process for modifying
164	adopted level-of-service standards.
165	(d)  A process for establishing a financially feasible
166	public school capital facilities program and a process and
167	schedule for incorporation of the public school capital
168	facilities program into the local government comprehensive plans
169	on an annual basis.
170	(e)  If school concurrency is to be applied on a less than
171	districtwide basis in the form of concurrency service areas,
172	criteria and standards for the establishment and modification of
173	school concurrency service areas. The agreement must also
174	establish a process and schedule for the mandatory incorporation
175	of the school concurrency service areas and the criteria and
176	standards for establishment of the service areas into the local
177	government comprehensive plans. The agreement must ensure
178	maximum use of school capacity, taking into account
179	transportation costs and court-approved desegregation plans and
180	other applicable factors.
181	(f)  A uniform districtwide procedure for implementing
182	school concurrency that provides for:
183	1.  Evaluation of development applications for compliance
184	with school concurrency requirements, including, but not limited
185	to, information provided by the school board on affected
186	schools.
187	2.  Monitoring and evaluation of the school concurrency
188	system.
189	(g)  A process and uniform methodology for determining
190	proportionate fair-share mitigation pursuant to s. 380.06.
191	(h)(a)  A process by which each local government and the
192	district school board agree and base their plans on consistent
193	projections of the amount, type, and distribution of population
194	growth and student enrollment. The geographic distribution of
195	jurisdiction-wide growth forecasts is a major objective of the
196	process.
197	(i)(b)  A process to coordinate and share information
198	relating to existing and planned public school facilities,
199	including school renovations and closures, and local government
200	plans for development and redevelopment.
201	(j)(c)  Participation by affected local governments with
202	the district school board in the process of evaluating potential
203	school closures, significant renovations to existing schools,
204	and new school site selection before land acquisition. Local
205	governments shall advise the district school board as to the
206	consistency of the proposed closure, renovation, or new site
207	with the local comprehensive plan, including appropriate
208	circumstances and criteria under which a district school board
209	may request an amendment to the comprehensive plan for school
210	siting.
211	(k)(d)  A process for determining the need for and timing
212	of onsite and offsite improvements to support new, proposed
213	expansion, or redevelopment of existing schools. The process
214	must address identification of the party or parties responsible
215	for the improvements.
216	(e)  A process for the school board to inform the local
217	government regarding the effect of comprehensive plan amendments
218	on school capacity. The capacity reporting must be consistent
219	with laws and rules relating to measurement of school facility
220	capacity and must also identify how the district school board
221	will meet the public school demand based on the facilities work
222	program adopted pursuant to s. 1013.35.
223	(l)(f)  Participation of the local governments in the
224	preparation of the annual update to the district school board's
225	5-year district facilities work program and educational plant
226	survey prepared pursuant to s. 1013.35.
227	(m)(g)  A process for determining where and how joint use
228	of either school board or local government facilities can be
229	shared for mutual benefit and efficiency.
230	(n)(h)  A procedure for the resolution of disputes between
231	the district school board and local governments, which may
232	include the dispute resolution processes contained in chapters
233	164 and 186.
234	(o)(i)  An oversight process, including an opportunity for
235	public participation, for the implementation of the interlocal
236	agreement.
237	(p)  A process for development of a public school
238	facilities element pursuant to s. 163.3177(12).
239	(q)  Provisions for siting and modification or enhancements
240	to existing school facilities so as to encourage urban infill
241	and redevelopment.
242	(r)  A process for the use and conversion of historic
243	school facilities that are no longer suitable for educational
244	purposes, as determined by the district school board.
245	(s)  A process for informing the local government regarding
246	the effect of comprehensive plan amendments and rezonings on
247	school capacity. The capacity reporting must be consistent with
248	laws and rules relating to measurement of school facility
249	capacity and must also identify how the district school board
250	will meet the public school demand based on the facilities work
251	program adopted pursuant to s. 1013.35.
252	(t)  A process to ensure an opportunity for the school
253	board to review and comment on the effect of comprehensive plan
254	amendments and rezonings on the public school facilities plan.
255
256	For those local governments that receive a waiver pursuant to
257	subsection (1), the interlocal agreement shall not include the
258	issues provided for in paragraphs (a), (c), (d), (e), (f), (g),
259	and (p). For counties or municipalities that do not have a
260	public school interlocal agreement or public school facility
261	element, the assessment shall determine whether the local
262	government continues to meet the criteria of s. 163.3177(12). If
263	a county or municipality determines that it no longer meets the
264	criteria, the county or municipality must adopt appropriate
265	school concurrency goals, objectives, and policies in its plan
266	amendments pursuant to the requirements of the public school
267	facility element and enter into the existing interlocal
268	agreement required by this section and s. 173.3177(6)(h)2. in
269	order to fully participate in the school concurrency system.
270	(3)(a)  The updated interlocal agreement adopted pursuant
271	to the schedule adopted in accordance with s. 163.3177(12)(i)
272	and any subsequent amendments must be submitted to the state
273	land planning agency and the Office of Educational Facilities
274	within 30 days after execution by the parties to the agreement
275	for review consistent with this section. The office and SMART
276	Schools Clearinghouse shall submit any comments or concerns
277	regarding the executed interlocal agreement or agreement
278	amendments to the state land planning agency within 30 days
279	after receipt of the executed interlocal agreement or agreement
280	amendments. The state land planning agency shall review the
281	updated executed interlocal agreement or agreement amendments to
282	determine whether they are it is consistent with the
283	requirements of subsection (2), the adopted local government
284	comprehensive plan, and other requirements of law. Within 60
285	days after receipt of an updated executed interlocal agreement
286	or agreement amendments, the state land planning agency shall
287	publish a notice on the agency's Internet website that states of
288	intent in the Florida Administrative Weekly and shall post a
289	copy of the notice on the agency's Internet site. The notice of
290	intent must state whether the interlocal agreement is consistent
291	or inconsistent with the requirements of subsection (2) and this
292	subsection, as appropriate.
293	(4)  If an updated executed interlocal agreement is not
294	timely submitted to the state land planning agency for review,
295	the state land planning agency shall, within 15 working days
296	after the deadline for submittal, issue to the local government
297	and the district school board a Notice to Show Cause why
298	sanctions should not be imposed for failure to submit an
299	executed interlocal agreement by the deadline established by the
300	agency. The agency shall forward the notice and the responses to
301	the Administration Commission, which may enter a final order
302	citing the failure to comply and imposing sanctions against the
303	local government and district school board by directing the
304	appropriate agencies to withhold at least 5 percent of state
305	funds pursuant to s. 163.3184(11) and by directing the
306	Department of Education to withhold from the district school
307	board at least 5 percent of funds for school construction
308	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
309	1013.72.
310	Section 4.  Paragraph (c) of subsection (2), paragraph (f)
311	of subsection (5), subsection (7), paragraphs (e), (f), (g), and
312	(h) of subsection (13), and paragraphs (a), (b), (c), (e), and
313	(f) of subsection (16) of section 163.3180, Florida Statutes,
314	are amended to read:
315	163.3180  Concurrency.--
316	(2)
317	(c)  Consistent with the public welfare, and except as
318	otherwise provided in this section, transportation facilities
319	needed to serve new development shall be in place or under
320	actual construction within 3 years after the local government
321	approves a building permit or its functional equivalent that
322	results in traffic generation. For purposes of this paragraph
323	and all provisions relating to transportation concurrency, if
324	the construction funding needed for facilities is provided in
325	the first 3 years of the Department of Transportation's work
326	program or the local government's schedule of capital
327	improvements, the under-actual-construction requirements of this
328	paragraph shall be deemed to have been met.
329	(5)
330	(f)  Prior to the designation of a concurrency exception
331	area, the Department of Transportation shall be consulted by the
332	local government to assess the impact that the proposed
333	exception area is expected to have on the adopted level-of-
334	service standards established for Strategic Intermodal System
335	facilities, as defined in s. 339.64, and roadway facilities
336	funded in accordance with s. 339.2819. Further, the local
337	government shall, in cooperation with the Department of
338	Transportation, develop a plan to mitigate any impacts to the
339	Strategic Intermodal System, including, if appropriate, the
340	development of a long-term concurrency management system
341	pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
342	may be available only within the specific geographic area of the
343	jurisdiction designated in the plan. Pursuant to s. 163.3184,
344	any affected person may challenge a plan amendment establishing
345	these guidelines and the areas within which an exception could
346	be granted. By October 1, 2006, the Department of
347	Transportation, after publicly noticed workshops, shall publish
348	and distribute to local governments a policy guideline
349	containing criteria and options to assist local governments in
350	planning to assess and mitigate the impacts of a proposed
351	concurrency exception area as described in this paragraph.
352	(7)  In order to promote infill development and
353	redevelopment, one or more transportation concurrency management
354	areas may be designated in a local government comprehensive
355	plan. A transportation concurrency management area must be a
356	compact geographic area with an existing network of roads where
357	multiple, viable alternative travel paths or modes are available
358	for common trips. A local government may establish an areawide
359	level-of-service standard for such a transportation concurrency
360	management area based upon an analysis that provides for a
361	justification for the areawide level of service, how urban
362	infill development or redevelopment will be promoted, and how
363	mobility will be accomplished within the transportation
364	concurrency management area. Prior to the designation of a
365	concurrency management area, the Department of Transportation
366	shall be consulted by the local government to assess the impact
367	that the proposed concurrency management area is expected to
368	have on the adopted level-of-service standards established for
369	Strategic Intermodal System facilities, as defined in s. 339.64,
370	and roadway facilities funded in accordance with s. 339.2819.
371	Further, the local government shall, in cooperation with the
372	Department of Transportation, develop a plan to mitigate any
373	impacts to the Strategic Intermodal System, including, if
374	appropriate, the development of a long-term concurrency
375	management system pursuant to subsection (9) and s.
376	163.3177(3)(d). Transportation concurrency management areas
377	existing prior to July 1, 2005, shall meet, at a minimum, the
378	provisions of this section by July 1, 2006, or at the time of
379	the comprehensive plan update pursuant to the evaluation and
380	appraisal report, whichever occurs last. The state land planning
381	agency shall amend chapter 9J-5, Florida Administrative Code, to
382	be consistent with this subsection. By October 1, 2006, the
383	Department of Transportation, after publicly noticed workshops,
384	shall publish and distribute to local governments a policy
385	guideline containing criteria and options to assist local
386	governments in planning to assess and mitigate the impacts of a
387	proposed concurrency exception area as described in this
388	paragraph.
389	(13)  School concurrency shall be established on a
390	districtwide basis and shall include all public schools in the
391	district and all portions of the district, whether located in a
392	municipality or an unincorporated area unless exempt from the
393	public school facilities element pursuant to s. 163.3177(12).
394	The application of school concurrency to development shall be
395	based upon the adopted comprehensive plan, as amended. All local
396	governments within a county, except as provided in paragraph
397	(f), shall adopt and transmit to the state land planning agency
398	the necessary plan amendments, along with the interlocal
399	agreement, for a compliance review pursuant to s. 163.3184(7)
400	and (8). The minimum requirements for school concurrency are the
401	following:
402	(e)  Availability standard.--Consistent with the public
403	welfare, a local government may not deny an application for site
404	plan, final subdivision approval, or the functional equivalent
405	for a development or phase of a development authorizing
406	residential development for failure to achieve and maintain the
407	level-of-service standard for public school capacity in a local
408	school concurrency management system where adequate school
409	facilities will be in place or under actual construction within
410	3 years after the issuance of final subdivision or site plan
411	approval, or the functional equivalent. School concurrency shall
412	be satisfied if the developer executes a legally binding
413	commitment to provide proportionate fair-share mitigation
414	against proportionate to the demand for public school facilities
415	to be created by actual development of the property, including,
416	but not limited to, the options described in subparagraph 1.
417	Options for proportionate fair-share proportionate-share
418	mitigation of impacts on public school facilities shall be
419	established in the public school facilities element and the
420	interlocal agreement pursuant to s. 163.31777.
421	1.  Appropriate proportionate fair-share mitigation options
422	include the contribution of land; the construction, expansion,
423	or payment for land acquisition or construction of a public
424	school facility; or the creation of mitigation banking based on
425	the construction of a public school facility in exchange for the
426	right to sell capacity credits. Such options must include
427	execution by the applicant and the local government of a binding
428	development agreement that constitutes a legally binding
429	commitment to pay proportionate fair-share proportionate-share
430	mitigation for the additional residential units approved by the
431	local government in a development order and actually developed
432	on the property, taking into account residential density allowed
433	on the property prior to the plan amendment that increased
434	overall residential density. The district school board shall be
435	a party to such an agreement. As a condition of its entry into
436	such a development agreement, the local government may require
437	the landowner to agree to continuing renewal of the agreement
438	upon its expiration.
439	2.  If the education facilities plan and the public
440	educational facilities element authorize a contribution of land;
441	the construction, expansion, or payment for land acquisition; or
442	the construction or expansion of a public school facility, or a
443	portion thereof, as proportionate fair-share proportionate-share
444	mitigation, the local government shall credit such a
445	contribution, construction, expansion, or payment toward any
446	other impact fee or exaction imposed by local ordinance for the
447	same need, on a dollar-for-dollar basis at fair market value.
448	3.  Any proportionate fair-share proportionate-share
449	mitigation must be directed by the school board toward a school
450	capacity improvement identified in a financially feasible 5-year
451	district work plan and which satisfies the demands created by
452	that development in accordance with a binding developer's
453	agreement.
454	4.  This paragraph does not limit the authority of a local
455	government to deny a development permit or its functional
456	equivalent pursuant to its home rule regulatory powers, except
457	as provided in this part.
458	(f)  Intergovernmental coordination.--
459	1.  When establishing concurrency requirements for public
460	schools, a local government shall satisfy the requirements for
461	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
462	and 2., except that a municipality is not required to be a
463	signatory to the interlocal agreement required by ss.
464	163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
465	imposition of school concurrency, and as a nonsignatory, shall
466	not participate in the adopted local school concurrency system,
467	if the municipality meets all of the following criteria for
468	having no significant impact on school attendance:
469	a.  The municipality has issued development orders for
470	fewer than 50 residential dwelling units during the preceding 5
471	years, or the municipality has generated fewer than 25
472	additional public school students during the preceding 5 years.
473	b.  The municipality has not annexed new land during the
474	preceding 5 years in land use categories which permit
475	residential uses that will affect school attendance rates.
476	c.  The municipality has no public schools located within
477	its boundaries.
478	d.  At least 80 percent of the developable land within the
479	boundaries of the municipality has been built upon.
480	2.  A municipality which qualifies as having no significant
481	impact on school attendance pursuant to the criteria of
482	subparagraph 1. must review and determine at the time of its
483	evaluation and appraisal report pursuant to s. 163.3191 whether
484	it continues to meet the criteria pursuant to s. 163.31777(6).
485	If the municipality determines that it no longer meets the
486	criteria, it must adopt appropriate school concurrency goals,
487	objectives, and policies in its plan amendments based on the
488	evaluation and appraisal report, and enter into the existing
489	interlocal agreement required by ss. 163.3177(6)(h)2. and
490	163.31777, in order to fully participate in the school
491	concurrency system. If such a municipality fails to do so, it
492	will be subject to the enforcement provisions of s. 163.3191.
493	(g)  Interlocal agreement for school concurrency.--When
494	establishing concurrency requirements for public schools, a
495	local government must enter into an interlocal agreement that
496	satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
497	163.31777 and the requirements of this subsection. The
498	interlocal agreement shall acknowledge both the school board's
499	constitutional and statutory obligations to provide a uniform
500	system of free public schools on a countywide basis, and the
501	land use authority of local governments, including their
502	authority to approve or deny comprehensive plan amendments and
503	development orders. The interlocal agreement shall be submitted
504	to the state land planning agency by the local government as a
505	part of the compliance review, along with the other necessary
506	amendments to the comprehensive plan required by this part. In
507	addition to the requirements of ss. 163.3177(6)(h) and
508	163.31777, the interlocal agreement shall meet the following
509	requirements:
510	1.  Establish the mechanisms for coordinating the
511	development, adoption, and amendment of each local government's
512	public school facilities element with each other and the plans
513	of the school board to ensure a uniform districtwide school
514	concurrency system.
515	2.  Establish a process for the development of siting
516	criteria which encourages the location of public schools
517	proximate to urban residential areas to the extent possible and
518	seeks to collocate schools with other public facilities such as
519	parks, libraries, and community centers to the extent possible.
520	3.  Specify uniform, districtwide level-of-service
521	standards for public schools of the same type and the process
522	for modifying the adopted level-of-service standards.
523	4.  Establish a process for the preparation, amendment, and
524	joint approval by each local government and the school board of
525	a public school capital facilities program which is financially
526	feasible, and a process and schedule for incorporation of the
527	public school capital facilities program into the local
528	government comprehensive plans on an annual basis.
529	5.  Define the geographic application of school
530	concurrency. If school concurrency is to be applied on a less
531	than districtwide basis in the form of concurrency service
532	areas, the agreement shall establish criteria and standards for
533	the establishment and modification of school concurrency service
534	areas. The agreement shall also establish a process and schedule
535	for the mandatory incorporation of the school concurrency
536	service areas and the criteria and standards for establishment
537	of the service areas into the local government comprehensive
538	plans. The agreement shall ensure maximum utilization of school
539	capacity, taking into account transportation costs and court-
540	approved desegregation plans, as well as other factors. The
541	agreement shall also ensure the achievement and maintenance of
542	the adopted level-of-service standards for the geographic area
543	of application throughout the 5 years covered by the public
544	school capital facilities plan and thereafter by adding a new
545	fifth year during the annual update.
546	6.  Establish a uniform districtwide procedure for
547	implementing school concurrency which provides for:
548	a.  The evaluation of development applications for
549	compliance with school concurrency requirements, including
550	information provided by the school board on affected schools,
551	impact on levels of service, and programmed improvements for
552	affected schools and any options to provide sufficient capacity;
553	b.  An opportunity for the school board to review and
554	comment on the effect of comprehensive plan amendments and
555	rezonings on the public school facilities plan; and
556	c.  The monitoring and evaluation of the school concurrency
557	system.
558	7.  Include provisions relating to amendment of the
559	agreement.
560	8.  A process and uniform methodology for determining
561	proportionate-share mitigation pursuant to subparagraph (e)1.
562	(g)(h)  Local government authority.--This subsection does
563	not limit the authority of a local government to grant or deny a
564	development permit or its functional equivalent prior to the
565	implementation of school concurrency.
566	(16)  It is the intent of the Legislature to provide a
567	method by which the impacts of development on transportation
568	facilities can be mitigated by the cooperative efforts of the
569	public and private sectors. The methodology used to calculate
570	proportionate fair-share mitigation under this section shall be
571	as provided for in subsection (12).
572	(a)  By December 1, 2006, each local government shall adopt
573	by ordinance a methodology for assessing proportionate fair-
574	share mitigation options. A local government that fails to adopt
575	a methodology for assessing proportionate fair-share mitigation
576	options by December 1, 2006, may not impose any transportation
577	impact fee after that date until such methodology has been
578	adopted. By December 1, 2005, the Department of Transportation
579	shall develop a model transportation concurrency management
580	ordinance with methodologies for assessing proportionate fair-
581	share mitigation options.
582	(b)1.  In its transportation concurrency management system,
583	a local government shall, by December 1, 2006, include
584	methodologies that will be applied to calculate proportionate
585	fair-share mitigation. A local government that fails to include
586	such methodologies by December 1, 2006, may not impose any
587	transportation impact fee after that date until such
588	methodologies have been adopted. A developer may choose to
589	satisfy all transportation concurrency requirements by
590	contributing or paying proportionate fair-share mitigation if
591	transportation facilities or facility segments identified as
592	mitigation for traffic impacts are specifically identified for
593	funding in the 5-year schedule of capital improvements in the
594	capital improvements element of the local plan or the long-term
595	concurrency management system or if such contributions or
596	payments to such facilities or segments are reflected in the 5-
597	year schedule of capital improvements in the next regularly
598	scheduled update of the capital improvements element. Updates to
599	the 5-year capital improvements element which reflect
600	proportionate fair-share contributions may not be found not in
601	compliance based on ss. 163.3164(32) 163.164(32) and 163.3177(3)
602	if additional contributions, payments or funding sources are
603	reasonably anticipated during a period not to exceed 10 years to
604	fully mitigate impacts on the transportation facilities.
605	2.  Proportionate fair-share mitigation shall be applied as
606	a credit against impact fees to the extent that all or a portion
607	of the proportionate fair-share mitigation is used to address
608	the same capital infrastructure improvements contemplated by the
609	local government's impact fee ordinance.
610	(c)  Proportionate fair-share mitigation includes, without
611	limitation, separately or collectively, private funds,
612	contributions of land, and construction and contribution of
613	facilities and may include public funds as determined by the
614	local government. The fair market value of the proportionate
615	fair-share mitigation shall not differ based on the form of
616	mitigation. A local government may not require a development to
617	pay more than its proportionate fair-share mitigation
618	contribution regardless of the method of mitigation.
619	(e)  Mitigation for development impacts to facilities on
620	the Strategic Intermodal System made pursuant to this subsection
621	requires the concurrence of the Department of Transportation.
622	The department has 30 days from the date of submission by the
623	applicable local government to concur or withhold concurrence
624	with the mitigation of development impacts to facilities on the
625	Strategic Intermodal System. If the department does not respond
626	within the 30-day period, the department is deemed to have
627	concurred with the mitigation.
628	(f)  If In the event the funds in an adopted 5-year capital
629	improvements element are insufficient to fully fund construction
630	of a transportation improvement required by the local
631	government's concurrency management system, a local government
632	and a developer may still enter into a binding proportionate
633	fair-share mitigation proportionate-share agreement authorizing
634	the developer to construct that amount of development on which
635	the proportionate fair-share mitigation proportionate share is
636	calculated if the proportionate fair-share mitigation
637	proportionate-share amount in such agreement is sufficient to
638	pay for one or more improvements which will, in the opinion of
639	the governmental entity or entities maintaining the
640	transportation facilities, significantly benefit the impacted
641	transportation system. The improvement or improvements funded by
642	the proportionate fair-share mitigation proportionate-share
643	component must be adopted into the 5-year capital improvements
644	schedule of the comprehensive plan at the next annual capital
645	improvements element update.
646	Section 5.  Subsection (17) of section 163.3184, Florida
647	Statutes, is amended to read:
648	163.3184  Process for adoption of comprehensive plan or
649	plan amendment.--
650	(17)  A local government that has adopted a community
651	vision and urban service boundary under s. 163.3177(13)
652	163.31773(13) and (14) may adopt a plan amendment related to map
653	amendments solely to property within an urban service boundary
654	in the manner described in subsections (1), (2), (7), (14),
655	(15), and (16) and s. 163.3187(1)(c)1.d. and e., 2., and 3.,
656	such that state and regional agency review is eliminated. The
657	department may not issue an objections, recommendations, and
658	comments report on proposed plan amendments or a notice of
659	intent on adopted plan amendments; however, affected persons, as
660	defined by paragraph (1)(a), may file a petition for
661	administrative review pursuant to the requirements of s.
662	163.3187(3)(a) to challenge the compliance of an adopted plan
663	amendment. This subsection does not apply to any amendment
664	within an area of critical state concern, to any amendment that
665	increases residential densities allowable in high-hazard coastal
666	areas as defined in s. 163.3178(2)(h), or to a text change to
667	the goals, policies, or objectives of the local government's
668	comprehensive plan. Amendments submitted under this subsection
669	are exempt from the limitation on the frequency of plan
670	amendments in s. 163.3187.
671	Section 6.  Paragraph (a) of subsection (4) of section
672	339.2819, Florida Statutes, is amended to read:
673	339.2819  Transportation Regional Incentive Program.--
674	(4)(a)  Projects to be funded with Transportation Regional
675	Incentive Program funds shall, at a minimum:
676	1.  Support those transportation facilities that serve
677	national, statewide, or regional functions and function as an
678	integrated regional transportation system.
679	2.  Be identified in the capital improvements element of a
680	comprehensive plan that has been determined to be in compliance
681	with part II of chapter 163, after July 1, 2005, or to implement
682	a long-term concurrency management system adopted by a local
683	government in accordance with s. 163.3180(9) 163.3177(9).
684	Further, the project shall be in compliance with local
685	government comprehensive plan policies relative to corridor
686	management.
687	3.  Be consistent with the Strategic Intermodal System Plan
688	developed under s. 339.64.
689	4.  Have a commitment for local, regional, or private
690	financial matching funds as a percentage of the overall project
691	cost.
692	Section 7.  Subsection (10) of section 339.55, Florida
693	Statutes, is amended to read:
694	339.55  State-funded infrastructure bank.--
695	(10)  Funds paid into the State Transportation Trust Fund
696	pursuant to s. 201.15(1)(d) for the purposes of the State
697	Infrastructure Bank are hereby annually appropriated for
698	expenditure to support that program.
699	Section 8.  Paragraphs (l), (m), and (n) of subsection (24)
700	of section 380.06, Florida Statutes, are amended to read:
701	380.06  Developments of regional impact.--
702	(24)  STATUTORY EXEMPTIONS.--
703	(l)  Any proposed development within an urban service
704	boundary established under s. 163.3177(14) is exempt from the
705	provisions of this section if the local government having
706	jurisdiction over the area where the development is proposed has
707	adopted the urban service boundary and has entered into a
708	binding agreement with adjacent jurisdictions and the Department
709	of Transportation regarding the mitigation of impacts on state
710	and regional transportation facilities, and has adopted a
711	proportionate fair-share mitigation share methodology pursuant
712	to s. 163.3180(16).
713	(m)  Any proposed development within a rural land
714	stewardship area created under s. 163.3177(11)(d) is exempt from
715	the provisions of this section if the local government that has
716	adopted the rural land stewardship area has entered into a
717	binding agreement with jurisdictions that would be impacted and
718	the Department of Transportation regarding the mitigation of
719	impacts on state and regional transportation facilities, and has
720	adopted a proportionate fair-share mitigation share methodology
721	pursuant to s. 163.3180(16).
722	(n)  Any proposed development or redevelopment within an
723	area designated as an urban infill and redevelopment area under
724	s. 163.2517 is exempt from the provisions of this section if the
725	local government has entered into a binding agreement with
726	jurisdictions that would be impacted and the Department of
727	Transportation regarding the mitigation of impacts on state and
728	regional transportation facilities, and has adopted a
729	proportionate fair-share mitigation share methodology pursuant
730	to s. 163.3180(16).
731	Section 9.  Subsections (2), (3), and (12) of section
732	1013.33, Florida Statutes, are amended to read:
733	1013.33  Coordination of planning with local governing
734	bodies.--
735	(2)(a)  The school board, county, and nonexempt
736	municipalities located within the geographic area of a school
737	district shall enter into an interlocal agreement that jointly
738	establishes the specific ways in which the plans and processes
739	of the district school board and the local governments are to be
740	coordinated. Any updated The interlocal agreements and agreement
741	amendments shall be submitted to the state land planning agency
742	and the Office of Educational Facilities and the SMART Schools
743	Clearinghouse in accordance with a schedule published by the
744	state land planning agency pursuant to s. 163.3177(12)(i).
745	(b)  The schedule must establish staggered due dates for
746	submission of interlocal agreements that are executed by both
747	the local government and district school board, commencing on
748	March 1, 2003, and concluding by December 1, 2004, and must set
749	the same date for all governmental entities within a school
750	district. However, if the county where the school district is
751	located contains more than 20 municipalities, the state land
752	planning agency may establish staggered due dates for the
753	submission of interlocal agreements by these municipalities. The
754	schedule must begin with those areas where both the number of
755	districtwide capital-outlay full-time-equivalent students equals
756	80 percent or more of the current year's school capacity and the
757	projected 5-year student growth rate is 1,000 or greater, or
758	where the projected 5-year student growth rate is 10 percent or
759	greater.
760	(b)(c)  If the student population has declined over the 5-
761	year period preceding the due date for submittal of an
762	interlocal agreement by the local government and the district
763	school board, the local government and district school board may
764	petition the state land planning agency for a waiver of one or
765	more of the requirements of subsection (3). The waiver must be
766	granted if the procedures called for in subsection (3) are
767	unnecessary because of the school district's declining school
768	age population, considering the district's 5-year work program
769	prepared pursuant to s. 1013.35. The state land planning agency
770	may modify or revoke the waiver upon a finding that the
771	conditions upon which the waiver was granted no longer exist.
772	The district school board and local governments must submit an
773	interlocal agreement within 1 year after notification by the
774	state land planning agency that the conditions for a waiver no
775	longer exist.
776	(c)(d)  Interlocal agreements between local governments and
777	district school boards adopted pursuant to s. 163.3177 before
778	the effective date of subsections (2)-(9) must be updated and
779	executed pursuant to the requirements of subsections (2)-(9), if
780	necessary. Amendments to interlocal agreements adopted pursuant
781	to subsections (2)-(9) must be submitted to the state land
782	planning agency within 30 days after execution by the parties
783	for review consistent with subsections (3) and (4). Local
784	governments and the district school board in each school
785	district are encouraged to adopt a single updated interlocal
786	agreement in which all join as parties. The state land planning
787	agency shall assemble and make available model interlocal
788	agreements meeting the requirements of subsections (2)-(9) and
789	shall notify local governments and, jointly with the Department
790	of Education, the district school boards of the requirements of
791	subsections (2)-(9), the dates for compliance, and the sanctions
792	for noncompliance. The state land planning agency shall be
793	available to informally review proposed interlocal agreements.
794	If the state land planning agency has not received a proposed
795	interlocal agreement for informal review, the state land
796	planning agency shall, at least 60 days before the deadline for
797	submission of the executed agreement, renotify the local
798	government and the district school board of the upcoming
799	deadline and the potential for sanctions.
800	(3)  At a minimum, The interlocal agreement must address
801	interlocal agreement requirements in s. 163.3180(13)(g), except
802	for exempt local governments as provided in s. 163.3177(12), and
803	must address the following issues specified in s. 163.31777(2).:
804	(a)  A process by which each local government and the
805	district school board agree and base their plans on consistent
806	projections of the amount, type, and distribution of population
807	growth and student enrollment. The geographic distribution of
808	jurisdiction-wide growth forecasts is a major objective of the
809	process.
810	(b)  A process to coordinate and share information relating
811	to existing and planned public school facilities, including
812	school renovations and closures, and local government plans for
813	development and redevelopment.
814	(c)  Participation by affected local governments with the
815	district school board in the process of evaluating potential
816	school closures, significant renovations to existing schools,
817	and new school site selection before land acquisition. Local
818	governments shall advise the district school board as to the
819	consistency of the proposed closure, renovation, or new site
820	with the local comprehensive plan, including appropriate
821	circumstances and criteria under which a district school board
822	may request an amendment to the comprehensive plan for school
823	siting.
824	(d)  A process for determining the need for and timing of
825	onsite and offsite improvements to support new construction,
826	proposed expansion, or redevelopment of existing schools. The
827	process shall address identification of the party or parties
828	responsible for the improvements.
829	(e)  A process for the school board to inform the local
830	government regarding the effect of comprehensive plan amendments
831	on school capacity. The capacity reporting must be consistent
832	with laws and rules regarding measurement of school facility
833	capacity and must also identify how the district school board
834	will meet the public school demand based on the facilities work
835	program adopted pursuant to s. 1013.35.
836	(f)  Participation of the local governments in the
837	preparation of the annual update to the school board's 5-year
838	district facilities work program and educational plant survey
839	prepared pursuant to s. 1013.35.
840	(g)  A process for determining where and how joint use of
841	either school board or local government facilities can be shared
842	for mutual benefit and efficiency.
843	(h)  A procedure for the resolution of disputes between the
844	district school board and local governments, which may include
845	the dispute resolution processes contained in chapters 164 and
846	186.
847	(i)  An oversight process, including an opportunity for
848	public participation, for the implementation of the interlocal
849	agreement.
850	(12)  As early in the design phase as feasible and
851	consistent with an interlocal agreement entered pursuant to
852	subsections (2)-(8), but no later than 120 90 days before
853	commencing construction, the district school board shall in
854	writing request a determination of consistency with the local
855	government's comprehensive plan. The local governing body that
856	regulates the use of land shall determine, in writing within 45
857	days after receiving the necessary information and a school
858	board's request for a determination, whether a proposed
859	educational facility is consistent with the local comprehensive
860	plan and consistent with local land development regulations. If
861	the determination is affirmative, school construction may
862	commence and further local government approvals are not
863	required, except as provided in this section. Failure of the
864	local governing body to make a determination in writing within
865	90 days after a district school board's request for a
866	determination of consistency shall be considered an approval of
867	the district school board's application. Campus master plans and
868	development agreements must comply with the provisions of ss.
869	1013.30 and 1013.63.
870	Section 10.  Paragraph (a) of subsection (2) of section
871	1013.65, Florida Statutes, is amended to read:
872	1013.65  Educational and ancillary plant construction
873	funds; Public Education Capital Outlay and Debt Service Trust
874	Fund; allocation of funds.--
875	(2)(a)  The Public Education Capital Outlay and Debt
876	Service Trust Fund shall be comprised of the following sources,
877	which are hereby appropriated to the trust fund:
878	1.  Proceeds, premiums, and accrued interest from the sale
879	of public education bonds and that portion of the revenues
880	accruing from the gross receipts tax as provided by s. 9(a)(2),
881	Art. XII of the State Constitution, as amended, interest on
882	investments, and federal interest subsidies.
883	2.  General revenue funds appropriated to the fund for
884	educational capital outlay purposes.
885	3.  All capital outlay funds previously appropriated and
886	certified forward pursuant to s. 216.301.
887	4.a.  Funds paid pursuant to s. 201.15(1)(d).
888	b.  The sum of $75 $41.75 million from recurring funds in
889	the Public Education Capital Outlay and Debt Service Trust Fund
890	of such funds shall be appropriated annually for expenditure to
891	fund the Classrooms for Kids Program created in s. 1013.735 and
892	shall be distributed as provided by that section.
893	Section 11.  Paragraph (a) of subsection (2) of section 27
894	of chapter 2005-290, Laws of Florida, is amended to read:
895	Section 27.
896	(2)  The following appropriations are made for the 2005-
897	2006 fiscal year only on a nonrecurring basis:
898	(a)  From the State Transportation Trust Fund in the
899	Department of Transportation:
900	1.  One hundred seventy-five Two hundred million dollars
901	for the purposes specified in sections 339.61, 339.62, 339.63,
902	and 339.64, Florida Statutes.
903	2.  Two hundred seventy-five million dollars for the
904	purposes specified in section 339.2819, Florida Statutes.
905	3.  One hundred million dollars for the purposes specified
906	in section 339.55, Florida Statutes.
907	4.  Twenty-five million for the purposes specified in
908	section 339.2817, Florida Statutes.
909	Section 12.  (1)  The sum of $33.35 million in nonrecurring
910	funds is appropriated from the Public Education Capital Outlay
911	and Debt Service Trust Fund to fund the Classrooms for Kids
912	Program created in s. 1013.735, Florida Statutes.
913	(2)  The sum of $30 million from the Public Education
914	Capital Outlay and Debt Service Trust Fund is appropriated each
915	year for expenditures to fund the High Growth District Capital
916	Outlay Assistance Grant Program created in s. 1013.738, Florida
917	Statutes, and shall be distributed as provided in that section.
918	(3)  The sum of $250,000 in recurring funds is appropriated
919	from the Department of Community Affairs' Grants and Donations
920	Trust Fund to support the Century Commission for a Sustainable
921	Florida pursuant to s. 163.3247, Florida Statutes.
922	Section 13.  This act shall take effect July 1, 2006.

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