HB 7253

CS

CHAMBER ACTION

1	The State Infrastructure Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to growth management; amending s.
7	163.3177, F.S.; deleting a requirement that the entire
8	comprehensive plan be financially feasible; specifying
9	limitations on challenges to certain changes in a 5-year
10	schedule of capital improvements; authorizing local
11	governments to continue adopting land use plan amendments
12	during challenges to the plan; amending s. 163.3180, F.S.;
13	providing for a waiver of transportation facilities
14	concurrency requirements for certain urban infill,
15	redevelopment, and downtown revitalization areas and
16	certain built-out municipalities; requiring local
17	governments and the Department of Transportation to
18	establish a plan for maintaining certain level-of-service
19	standards; providing requirements for the waiver for such
20	built-out municipalities; exempting certain areas from
21	certain transportation concurrency requirements; deleting
22	recordkeeping and reporting requirements related to
23	transportation de minimis impacts; providing that school
24	capacity is not a basis for finding a comprehensive plan
25	amendment not in compliance; deleting a requirement to
26	incorporate the school concurrency service areas and
27	criteria and standards for establishment of the service
28	areas into the local government comprehensive plan;
29	amending s. 163.3187, F.S.; authorizing approval of
30	certain small scale amendments to a comprehensive plan for
31	certain built-out municipalities; providing criteria,
32	requirements, and procedures; providing for nonapplication
33	under certain circumstances; amending s. 163.3247, F.S.;
34	authorizing the Century Commission for a Sustainable
35	Florida to appoint four additional members to the
36	commission; providing for member terms; providing guidance
37	as to the makeup of the commission; assigning the Century
38	Commission for a Sustainable Florida to the Department of
39	Community Affairs for administrative and fiscal
40	accountability purposes; requiring the commission to
41	develop a budget; providing budget requirements; amending
42	s. 177.091, F.S.; revising requirements as to when
43	permanent reference monuments must be set; amending s.
44	339.2819, F.S.; revising criteria for matching funds for
45	the Transportation Regional Incentive Program; amending s.
46	380.06, F.S.; revising an exemption from development of
47	regional impact review for certain developments within an
48	urban service boundary; limiting development-of-regional-
49	impact review of certain urban service boundaries, urban
50	infill and redevelopment areas, and rural land stewardship
51	areas to transportation impacts only under certain
52	circumstances; providing legislative findings; requiring
53	the Department of Transportation to conduct a study of
54	per-trip fees on certain transportation facilities for
55	certain purposes; providing study criteria; requiring a
56	report to the Governor and Legislature; providing an
57	appropriation; providing an effective date.
58
59	Be It Enacted by the Legislature of the State of Florida:
60
61	Section 1.  Subsection (2) and paragraph (b) of subsection
62	(3) of section 163.3177, Florida Statutes, are amended to read:
63	163.3177  Required and optional elements of comprehensive
64	plan; studies and surveys.--
65	(2)  Coordination of the several elements of the local
66	comprehensive plan shall be a major objective of the planning
67	process. The several elements of the comprehensive plan shall be
68	consistent, and the comprehensive plan shall be financially
69	feasible. Financial Feasibility shall be determined using
70	professionally accepted methodologies.
71	(3)
72	(b)1.  The capital improvements element shall be reviewed
73	on an annual basis and modified as necessary in accordance with
74	s. 163.3187 or s. 163.3189 in order to maintain a financially
75	feasible 5-year schedule of capital improvements. Corrections
76	and modifications concerning costs; revenue sources; or
77	acceptance of facilities pursuant to dedications which are
78	consistent with the plan may be accomplished by ordinance and
79	shall not be deemed to be amendments to the local comprehensive
80	plan. A copy of the ordinance shall be transmitted to the state
81	land planning agency. An amendment to the comprehensive plan is
82	required to update the schedule on an annual basis or to
83	eliminate, defer, or delay the construction for any facility
84	listed in the 5-year schedule. An affected person may challenge
85	the addition of a facility, or the elimination, deferral, or
86	delay of a project, only when the facility is first added to the
87	5-year schedule of capital improvements or when the project is
88	proposed to be eliminated, deferred, or delayed. All public
89	facilities shall be consistent with the capital improvements
90	element. Amendments to implement this section must be adopted
91	and transmitted no later than December 1, 2007. Thereafter, a
92	local government may not amend its future land use map, except
93	for plan amendments to meet new requirements under this part and
94	emergency amendments pursuant to s. 163.3187(1)(a), after
95	December 1, 2007, and every year thereafter, unless and until
96	the local government has adopted the annual update and it has
97	been transmitted to the state land planning agency. If an
98	affected party challenges the 5-year schedule of capital
99	improvements, a local government may continue to adopt plan
100	amendments to the future land use map during the pendency of the
101	challenge and any related litigation.
102	2.  Capital improvements element amendments adopted after
103	the effective date of this act shall require only a single
104	public hearing before the governing board which shall be an
105	adoption hearing as described in s. 163.3184(7). Such amendments
106	are not subject to the requirements of s. 163.3184(3)-(6).
107	Section 2.  Subsection (6), paragraph (a) of subsection
108	(9), and paragraphs (d) and (g) of subsection (13) of section
109	163.3180, Florida Statutes, are amended, and paragraphs (h),
110	(i), and (j) are added to subsection (5) of that section, to
111	read:
112	163.3180  Concurrency.--
113	(5)
114	(h)  It is a high state priority that urban infill and
115	redevelopment be promoted and provided incentives. By promoting
116	the revitalization of existing communities of this state, a more
117	efficient maximization of space and facilities may be achieved
118	and urban sprawl discouraged. If a local government creates a
119	long-term vision for its community that includes adequate
120	funding, services, and multimodal transportation options, the
121	transportation facilities concurrency requirements of paragraph
122	(2)(c) are waived:
123	1.a.  For urban infill and redevelopment areas designated
124	in the comprehensive plan under s. 163.2517; or
125	b.  For areas designated in the comprehensive plan prior to
126	January 1, 2006, as urban infill development, urban
127	redevelopment, or downtown revitalization.
128
129	The local government and the Department of Transportation shall
130	cooperatively establish a plan for maintaining the adopted
131	level-of-service standards established by the Department of
132	Transportation for Strategic Intermodal System facilities, as
133	defined in s. 339.64.
134	2.  For municipalities that are built-out. For purposes of
135	this exemption:
136	a.  The term "built-out" means that 90 percent of the
137	property within the municipality's boundaries, excluding lands
138	that are designated as conservation, preservation, recreation,
139	or public facilities categories, have been developed or are the
140	subject of an approved development order that has received a
141	building permit and the municipality has an average density of
142	five units per acre for residential developments.
143	b.  The municipality must have adopted an ordinance that
144	provides the methodology for determining its built-out
145	percentage, declares that transportation concurrency
146	requirements are waived within its municipal boundary or within
147	a designated area of the municipality, and addresses multimodal
148	options and strategies, including alternative modes of
149	transportation within the municipality. Prior to the adoption of
150	the ordinance, the local government shall consult with the
151	Department of Transportation to assess the impact that the
152	waiver of the transportation concurrency requirements is
153	expected to have on the adopted level-of-service standards
154	established for Strategic Intermodal System facilities, as
155	defined in s. 339.64. Further, the local government shall
156	cooperatively establish a plan for maintaining the adopted
157	level-of-service standards established by the department for
158	Strategic Intermodal System facilities, as described in s.
159	339.64.
160	c.  If a municipality annexes any property, the
161	municipality must recalculate its built-out percentage pursuant
162	to the methodology set forth in its ordinance to verify whether
163	the annexed property may be included within the exemption.
164	d.  If transportation concurrency requirements are waived
165	under this subparagraph, the municipality must adopt a
166	comprehensive plan amendment pursuant to s. 163.3187(1)(c),
167	which updates its transportation element to reflect the
168	transportation concurrency requirements waiver, and must submit
169	a copy of its ordinance, adopted in sub-subparagraph b., to the
170	state land planning agency.
171	(i)  An areawide development of regional impact granted to
172	a municipality under s. 380.06(25) is exempt from the
173	requirements of transportation facilities concurrency if the
174	development of regional impact's boundaries have not been
175	increased after July 1, 2005, and a mitigation plan with
176	identified funding has been submitted and approved by the
177	Department of Transportation to address transportation
178	deficiencies, if the approved development order did not address
179	such deficiencies. New applications for development approval
180	that are located outside of but are adjacent and contiguous to
181	the specified exempt development-of-regional-impact boundaries
182	shall not include the trips generated by such exempt development
183	of regional impact as part of their transportation facilities
184	concurrency calculations.
185	(j)  A development of regional impact granted to a downtown
186	development authority under s. 380.06(22) is exempt from the
187	requirements of transportation facilities concurrency if the
188	development of regional impact's boundaries have not been
189	increased after July 1, 2005, and a mitigation plan with
190	identified funding has been submitted and approved by the
191	Department of Transportation to address transportation
192	deficiencies, if the approved development order did not address
193	such deficiencies. New applications for development approval
194	that are located outside of but are adjacent and contiguous to
195	the specified exempt development-of-regional-impact boundaries
196	shall not include the trips generated by such exempt development
197	of regional impact as part of their transportation facilities
198	concurrency calculations.
199	(6)  The Legislature finds that a de minimis impact is
200	consistent with this part. A de minimis impact is an impact that
201	would not affect more than 1 percent of the maximum volume at
202	the adopted level of service of the affected transportation
203	facility as determined by the local government. No impact will
204	be de minimis if the sum of existing roadway volumes and the
205	projected volumes from approved projects on a transportation
206	facility would exceed 110 percent of the maximum volume at the
207	adopted level of service of the affected transportation
208	facility; provided however, that an impact of a single family
209	home on an existing lot will constitute a de minimis impact on
210	all roadways regardless of the level of the deficiency of the
211	roadway. Further, no impact will be de minimis if it would
212	exceed the adopted level-of-service standard of any affected
213	designated hurricane evacuation routes. Each local government
214	shall maintain sufficient records to ensure that the 110-percent
215	criterion is not exceeded. Each local government shall submit
216	annually, with its updated capital improvements element, a
217	summary of the de minimis records. If the state land planning
218	agency determines that the 110-percent criterion has been
219	exceeded, the state land planning agency shall notify the local
220	government of the exceedance and that no further de minimis
221	exceptions for the applicable roadway may be granted until such
222	time as the volume is reduced below the 110 percent. The local
223	government shall provide proof of this reduction to the state
224	land planning agency before issuing further de minimis
225	exceptions.
226	(9)(a)  Each local government may adopt as a part of its
227	plan, long-term transportation and school concurrency management
228	systems with a planning period of up to 10 years for specially
229	designated districts or areas where significant backlogs exist.
230	The plan may include interim level-of-service standards on
231	certain facilities and shall rely on the local government's
232	schedule of capital improvements for up to 10 years as a basis
233	for issuing development orders that authorize commencement of
234	construction in these designated districts or areas. The
235	concurrency management system must be designed to correct
236	existing deficiencies and set priorities for addressing
237	backlogged facilities. The concurrency management system must be
238	financially feasible and consistent with other portions of the
239	adopted local plan, including the future land use map. If a
240	long-term concurrency management system is adopted pursuant to
241	this paragraph for specially designated districts or areas where
242	significant backlog exists, then such plan shall be deemed
243	concurrent throughout the duration of the plan even if, in any
244	particular year, such transportation improvements are not
245	concurrent.
246	(13)  School concurrency shall be established on a
247	districtwide basis and shall include all public schools in the
248	district and all portions of the district, whether located in a
249	municipality or an unincorporated area unless exempt from the
250	public school facilities element pursuant to s. 163.3177(12).
251	The application of school concurrency to development shall be
252	based upon the adopted comprehensive plan, as amended. All local
253	governments within a county, except as provided in paragraph
254	(f), shall adopt and transmit to the state land planning agency
255	the necessary plan amendments, along with the interlocal
256	agreement, for a compliance review pursuant to s. 163.3184(7)
257	and (8). The minimum requirements for school concurrency are the
258	following:
259	(d)  Financial feasibility.--The Legislature recognizes
260	that financial feasibility is an important issue because the
261	premise of concurrency is that the public facilities will be
262	provided in order to achieve and maintain the adopted level-of-
263	service standard. This part and chapter 9J-5, Florida
264	Administrative Code, contain specific standards to determine the
265	financial feasibility of capital programs. These standards were
266	adopted to make concurrency more predictable and local
267	governments more accountable.
268	1.  A comprehensive plan amendment seeking to impose school
269	concurrency shall contain appropriate amendments to the capital
270	improvements element of the comprehensive plan, consistent with
271	the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
272	Administrative Code. The capital improvements element shall set
273	forth a financially feasible public school capital facilities
274	program, established in conjunction with the school board, that
275	demonstrates that the adopted level-of-service standards will be
276	achieved and maintained.
277	2.  Such amendments shall demonstrate that the public
278	school capital facilities program meets all of the financial
279	feasibility standards of this part and chapter 9J-5, Florida
280	Administrative Code, that apply to capital programs which
281	provide the basis for mandatory concurrency on other public
282	facilities and services.
283	3.  When the financial feasibility of a public school
284	capital facilities program is evaluated by the state land
285	planning agency for purposes of a compliance determination, the
286	evaluation shall be based upon the service areas selected by the
287	local governments and school board.
288	4.  School capacity shall not be the basis to find any
289	amendment to a local government comprehensive plan not in
290	compliance pursuant to s. 163.3184 until the date established
291	pursuant to s. 163.3177(12)(i), provided data and analysis are
292	submitted to the state land planning agency demonstrating
293	coordination between the school board and the local government
294	to plan on addressing capacity issues.
295	(g)  Interlocal agreement for school concurrency.--When
296	establishing concurrency requirements for public schools, a
297	local government must enter into an interlocal agreement that
298	satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
299	163.31777 and the requirements of this subsection. The
300	interlocal agreement shall acknowledge both the school board's
301	constitutional and statutory obligations to provide a uniform
302	system of free public schools on a countywide basis, and the
303	land use authority of local governments, including their
304	authority to approve or deny comprehensive plan amendments and
305	development orders. The interlocal agreement shall be submitted
306	to the state land planning agency by the local government as a
307	part of the compliance review, along with the other necessary
308	amendments to the comprehensive plan required by this part. In
309	addition to the requirements of ss. 163.3177(6)(h) and
310	163.31777, the interlocal agreement shall meet the following
311	requirements:
312	1.  Establish the mechanisms for coordinating the
313	development, adoption, and amendment of each local government's
314	public school facilities element with each other and the plans
315	of the school board to ensure a uniform districtwide school
316	concurrency system.
317	2.  Establish a process for the development of siting
318	criteria which encourages the location of public schools
319	proximate to urban residential areas to the extent possible and
320	seeks to collocate schools with other public facilities such as
321	parks, libraries, and community centers to the extent possible.
322	3.  Specify uniform, districtwide level-of-service
323	standards for public schools of the same type and the process
324	for modifying the adopted level-of-service standards.
325	4.  Establish a process for the preparation, amendment, and
326	joint approval by each local government and the school board of
327	a public school capital facilities program which is financially
328	feasible, and a process and schedule for incorporation of the
329	public school capital facilities program into the local
330	government comprehensive plans on an annual basis.
331	5.  Define the geographic application of school
332	concurrency. If school concurrency is to be applied on a less
333	than districtwide basis in the form of concurrency service
334	areas, the agreement shall establish criteria and standards for
335	the establishment and modification of school concurrency service
336	areas. The agreement shall also establish a process and schedule
337	for the mandatory incorporation of the school concurrency
338	service areas and the criteria and standards for establishment
339	of the service areas into the local government comprehensive
340	plans. The agreement shall ensure maximum utilization of school
341	capacity, taking into account transportation costs and court-
342	approved desegregation plans, as well as other factors. The
343	agreement shall also ensure the achievement and maintenance of
344	the adopted level-of-service standards for the geographic area
345	of application throughout the 5 years covered by the public
346	school capital facilities plan and thereafter by adding a new
347	fifth year during the annual update.
348	6.  Establish a uniform districtwide procedure for
349	implementing school concurrency which provides for:
350	a.  The evaluation of development applications for
351	compliance with school concurrency requirements, including
352	information provided by the school board on affected schools,
353	impact on levels of service, and programmed improvements for
354	affected schools and any options to provide sufficient capacity;
355	b.  An opportunity for the school board to review and
356	comment on the effect of comprehensive plan amendments and
357	rezonings on the public school facilities plan; and
358	c.  The monitoring and evaluation of the school concurrency
359	system.
360	7.  Include provisions relating to amendment of the
361	agreement.
362	8.  A process and uniform methodology for determining
363	proportionate-share mitigation pursuant to subparagraph (e)1.
364	Section 3.  Paragraph (p) is added to subsection (1) of
365	section 163.3187, Florida Statutes, to read:
366	163.3187  Amendment of adopted comprehensive plan.--
367	(1)  Amendments to comprehensive plans adopted pursuant to
368	this part may be made not more than two times during any
369	calendar year, except:
370	(p)1.  For municipalities that are more than 90 percent
371	built-out, any municipality's comprehensive plan amendments may
372	be approved without regard to limits imposed by law on the
373	frequency of consideration of amendments to the local
374	comprehensive plan only if the proposed amendment involves a use
375	of 100 acres or fewer and:
376	a.  The cumulative annual effect of the acreage for all
377	amendments adopted pursuant to this paragraph does not exceed
378	500 acres.
379	b.  The proposed amendment does not involve the same
380	property granted a change within the prior 12 months.
381	c.  The proposed amendment does not involve the same
382	owner's property within 200 feet of property granted a change
383	within the prior 12 months.
384	d.  The proposed amendment does not involve a text change
385	to the goals, policies, and objectives of the local government's
386	comprehensive plan but only proposes a land use change to the
387	future land use map for a site-specific small scale development
388	activity.
389	e.  The property that is the subject of the proposed
390	amendment is not located within an area of critical state
391	concern.
392	2.  For purposes of this paragraph, the term "built-out"
393	means 90 percent of the property within the municipality's
394	boundaries, excluding lands that are designated as conservation,
395	preservation, recreation, or public facilities categories, have
396	been developed or are the subject of an approved development
397	order that has received a building permit and the municipality
398	has an average density of five units per acre for residential
399	development.
400	3.a.  A local government that proposes to consider a plan
401	amendment pursuant to this paragraph is not required to comply
402	with the procedures and public notice requirements of s.
403	163.3184(15)(c) for such plan amendments if the local government
404	complies with the provisions of s. 166.041(3)(c). If a request
405	for a plan amendment under this paragraph is initiated by other
406	than the local government, public notice of the amendment is
407	required.
408	b.  The local government shall send copies of the notice
409	and amendment to the state land planning agency, the regional
410	planning council, and any other person or entity requesting a
411	copy. This information shall also include a statement
412	identifying any property subject to the amendment that is
413	located within a coastal high hazard area as identified in the
414	local comprehensive plan.
415	4.  Amendments adopted pursuant to this paragraph require
416	only one public hearing before the governing board, which shall
417	be an adoption hearing as described in s. 163.3184(7), and are
418	not subject to the requirements of s. 163.3184(3)-(6) unless the
419	local government elects to have them subject to those
420	requirements.
421	5.  This paragraph shall not apply if a municipality
422	annexes unincorporated property that decreases the percentage of
423	build-out to an amount below 90 percent.
424	6.  A municipality shall notify the state land planning
425	agency in writing of the municipality's built-out percentage
426	prior to the submission of any comprehensive plan amendments
427	under this subsection.
428	Section 4.  Paragraph (a) of subsection (3) of section
429	163.3247, Florida Statutes, is amended, and paragraphs (h) and
430	(i) are added to subsection (4) of that section, to read:
431	163.3247  Century Commission for a Sustainable Florida.--
432	(3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
433	CREATION; ORGANIZATION.--The Century Commission for a
434	Sustainable Florida is created as a standing body to help the
435	citizens of this state envision and plan their collective future
436	with an eye towards both 25-year and 50-year horizons.
437	(a)  The commission shall consist of 19 15 members, 5
438	appointed by the Governor, 5 appointed by the President of the
439	Senate, and 5 appointed by the Speaker of the House of
440	Representatives, and 4 appointed by the commission. The 4
441	members appointed by the commission shall be initially appointed
442	no later than October 1, 2006. Appointments shall be made no
443	later than October 1, 2005. The membership must represent local
444	governments, school boards, developers and homebuilders, the
445	business community, the agriculture community, the environmental
446	community, and other appropriate stakeholders. The membership
447	shall reflect the demographic makeup of the state. One member
448	shall be designated by the Governor as chair of the commission.
449	Any vacancy that occurs on the commission must be filled in the
450	same manner as the original appointment and shall be for the
451	unexpired term of that commission seat. Members shall serve 4-
452	year terms, except that, initially, to provide for staggered
453	terms, the Governor, the President of the Senate, and the
454	Speaker of the House of Representatives shall each appoint one
455	member to serve a 2-year term, two members to serve 3-year
456	terms, and two members to serve 4-year terms. In addition, the
457	commission shall initially appoint 1 member for a 2-year term, 2
458	members for a 3-year term, and 1 member for a 4-year term. All
459	subsequent appointments shall be for 4-year terms. An appointee
460	may not serve more than 6 years.
461	(4)  POWERS AND DUTIES.--The commission shall:
462	(h)  Be assigned to the Office of the Secretary of the
463	Department of Community Affairs for administrative and fiscal
464	accountability purposes but shall otherwise function
465	independently of the control and direction of the department.
466	(i)  Develop a budget pursuant to chapter 216. The budget
467	is not subject to change by the department but shall be
468	submitted to the Governor together with the department's budget.
469	Section 5.  Subsection (7) of section 177.091, Florida
470	Statutes, is amended to read:
471	177.091  Plats made for recording.--Every plat of a
472	subdivision offered for recording shall conform to the
473	following:
474	(7)  Permanent reference monuments must be placed at each
475	corner or change in direction on the boundary of the lands being
476	platted and may not be more than 1,400 feet apart. Where such
477	corners are in an inaccessible place, "P.R.M.s" shall be set on
478	a nearby offset within the boundary of the plat and such offset
479	shall be so noted on the plat. Where corners are found to
480	coincide with a previously set "P.R.M.," the Florida
481	registration number of the professional surveyor and mapper in
482	responsible charge or the certificate of authorization number of
483	the legal entity on the previously set "P.R.M." shall be shown
484	on the new plat or, if unnumbered, shall so state. Permanent
485	reference monuments shall be set before the recording of the
486	plat. The "P.R.M.s" shall be shown on the plat by an appropriate
487	symbol or designation. In any county or municipality that does
488	not require subdivision improvements and does not accept bonds
489	or escrow accounts to construct improvements, "P.R.M.s" may be
490	set prior to the recording of the plat and shall be set within 1
491	year after the date the plat is recorded. In any county or
492	municipality that requires subdivision improvements and has the
493	means of insuring the construction of those improvements, such
494	as bonding requirements, "P.R.M.s" shall be set prior to the
495	expiration of the bond or other surety.
496	Section 6.  Subsection (2) of section 339.2819, Florida
497	Statutes, is amended to read:
498	339.2819  Transportation Regional Incentive Program.--
499	(2)  The percentage of matching funds provided from the
500	Transportation Regional Incentive Program shall be 50 percent of
501	project costs, or up to 50 percent of the nonfederal share of
502	the eligible project cost for a public transportation facility
503	project.
504	Section 7.  Paragraphs (l) and (n) of subsection (24) of
505	section 380.06, Florida Statutes, are amended, and subsection
506	(28) is added to that section, to read:
507	380.06  Developments of regional impact.--
508	(24)  STATUTORY EXEMPTIONS.--
509	(l)  Any proposed development within an urban service
510	boundary established under s. 163.3177(14) is exempt from the
511	provisions of this section if the local government having
512	jurisdiction over the area where the development is proposed has
513	adopted the urban service boundary, and has entered into a
514	binding agreement with adjacent jurisdictions that would be
515	impacted and with the Department of Transportation regarding the
516	mitigation of impacts on state and regional transportation
517	facilities, and has adopted a proportionate share methodology
518	pursuant to s. 163.3180(16).
519	(n)  Any proposed development or redevelopment within an
520	area designated as an urban infill and redevelopment area under
521	s. 163.2517 is exempt from the provisions of this section if the
522	local government has entered into a binding agreement with
523	jurisdictions that would be impacted and the Department of
524	Transportation regarding the mitigation of impacts on state and
525	regional transportation facilities, and has adopted a
526	proportionate share methodology pursuant to s. 163.3180(16).
527	(28)  PARTIAL STATUTORY EXEMPTIONS.--
528	(a)  If the binding agreement referenced under paragraph
529	(24)(l) for urban service boundaries is not entered into within
530	12 months after establishment of the urban service boundary, the
531	development-of-regional-impact review for projects within the
532	urban service boundary must address transportation impacts only.
533	(b)  If the binding agreement referenced under paragraph
534	(24)(n) for designated urban infill and redevelopment areas is
535	not entered into within 12 months after the designation of the
536	area or July 1, 2007, whichever occurs later, the development-
537	of-regional-impact review for projects within the urban infill
538	and redevelopment area must address transportation impacts only.
539	(c)  If the binding agreement referenced under paragraph
540	(24)(m) for rural land stewardship areas is not entered into
541	within 12 months after the designation of a rural land
542	stewardship area, the development-of-regional-impact review for
543	projects within the rural land stewardship area must address
544	transportation impacts only.
545	(d)  A local government that does not wish to enter into a
546	binding agreement or that is unable to agree on the terms of the
547	agreement referenced under paragraph (24)(l), paragraph (24)(m),
548	or paragraph (24)(n) shall provide written notification to the
549	state land planning agency of the desire not to enter into a
550	binding agreement or a failure to enter into a binding agreement
551	within the 12-month period referenced in paragraph (a),
552	paragraph (b), or paragraph (c). Following the notification of
553	the state land planning agency, the development-of-regional-
554	impact review for projects within the urban service boundary
555	under paragraph (24)(l), within a rural land stewardship area
556	under paragraph (24)(m), or for an urban infill and
557	redevelopment area under paragraph (24)(n) must address
558	transportation impacts only.
559	Section 8.  The Legislature finds that local governments
560	should have the ability to require all new development to
561	mitigate the development's impact on transportation facilities,
562	regardless of the size or type of development, by payment of a
563	per-trip fee as an alternative to the adoption by the local
564	government of impact fees for transportation facilities or the
565	implementation of proportionate fair-share mitigation.
566	Therefore, the Legislature hereby directs that the Department of
567	Transportation shall conduct a study to determine if a per-trip
568	fee would provide local government with an effective method of
569	ensuring that the cost of transportation facilities is equitable
570	and equally distributed. Such fees would be imposed on roadways
571	and paid at the time of the issuance of a building permit or its
572	functional equivalent. The revenues derived from such fees would
573	be used to fund new facilities or to fix existing deficiencies
574	on transportation facilities. The department shall submit a
575	report of its findings and recommendations to the Governor, the
576	President of the Senate, and the Speaker of the House of
577	Representatives by December 1, 2006.
578	Section 9.  The sum of $25 million is appropriated from the
579	General Revenue Fund to the Conservation and Recreation Lands
580	Program Trust Fund within the Department of Agriculture and
581	Consumer Services for the purposes of s. 570.71, Florida
582	Statutes.
583	Section 10.  This act shall take effect July 1, 2006.

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