HB 7167

CS

CHAMBER ACTION

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

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