HB 7253

1
A bill to be entitled
2An act relating to growth management; amending s.
3163.3177, F.S.; deleting a requirement that the entire
4comprehensive plan be financially feasible; specifying
5limitations on challenges to certain changes in a 5-year
6schedule of capital improvements; authorizing local
7governments to continue adopting land use plan amendments
8during challenges to the plan; amending s. 163.3180, F.S.;
9providing for a waiver of transportation facilities
10concurrency requirements for certain urban infill,
11redevelopment, and downtown revitalization areas and
12certain built-out municipalities; requiring local
13governments and the Department of Transportation to
14establish a plan for maintaining certain level-of-service
15standards; providing requirements for the waiver for such
16built-out municipalities; exempting certain areas from
17certain transportation concurrency requirements; deleting
18recordkeeping and reporting requirements related to
19transportation de minimis impacts; providing that school
20capacity is not a basis for finding a comprehensive plan
21amendment not in compliance; deleting a requirement to
22incorporate the school concurrency service areas and
23criteria and standards for establishment of the service
24areas into the local government comprehensive plan;
25amending s. 163.3187, F.S.; authorizing approval of
26certain small scale amendments to a comprehensive plan for
27certain built-out municipalities; providing criteria,
28requirements, and procedures; providing for nonapplication
29under certain circumstances; amending s. 163.3247, F.S.;
30providing a requirement on the makeup of the Century
31Commission for a Sustainable Florida; amending s.
32339.2819, F.S.; revising criteria for matching funds for
33the Transportation Regional Incentive Program; amending s.
34380.06, F.S.; revising an exemption from development of
35regional impact review for certain developments within an
36urban service boundary; limiting development-of-regional-
37impact review of certain urban service boundaries, urban
38infill and redevelopment areas, and rural land stewardship
39areas to transportation impacts only under certain
40circumstances; providing legislative findings; requiring
41the Department of Transportation to conduct a study of
42per-trip fees on certain transportation facilities for
43certain purposes; providing study criteria; requiring a
44report to the Governor and Legislature; providing an
45appropriation; providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Subsection (2) and paragraph (b) of subsection
50(3) of section 163.3177, Florida Statutes, are amended to read:
51     163.3177  Required and optional elements of comprehensive
52plan; studies and surveys.--
53     (2)  Coordination of the several elements of the local
54comprehensive plan shall be a major objective of the planning
55process. The several elements of the comprehensive plan shall be
56consistent, and the comprehensive plan shall be financially
57feasible. Financial Feasibility shall be determined using
58professionally accepted methodologies.
59     (3)
60     (b)1.  The capital improvements element shall be reviewed
61on an annual basis and modified as necessary in accordance with
62s. 163.3187 or s. 163.3189 in order to maintain a financially
63feasible 5-year schedule of capital improvements. Corrections
64and modifications concerning costs; revenue sources; or
65acceptance of facilities pursuant to dedications which are
66consistent with the plan may be accomplished by ordinance and
67shall not be deemed to be amendments to the local comprehensive
68plan. A copy of the ordinance shall be transmitted to the state
69land planning agency. An amendment to the comprehensive plan is
70required to update the schedule on an annual basis or to
71eliminate, defer, or delay the construction for any facility
72listed in the 5-year schedule. An affected person may challenge
73the addition of a facility, or the elimination, deferral, or
74delay of a project, only when the facility is first added to the
755-year schedule of capital improvements or when the project is
76proposed to be eliminated, deferred, or delayed. All public
77facilities shall be consistent with the capital improvements
78element. Amendments to implement this section must be adopted
79and transmitted no later than December 1, 2007. Thereafter, a
80local government may not amend its future land use map, except
81for plan amendments to meet new requirements under this part and
82emergency amendments pursuant to s. 163.3187(1)(a), after
83December 1, 2007, and every year thereafter, unless and until
84the local government has adopted the annual update and it has
85been transmitted to the state land planning agency. If an
86affected party challenges the 5-year schedule of capital
87improvements, a local government may continue to adopt plan
88amendments to the future land use map during the pendency of the
89challenge and any related litigation.
90     2.  Capital improvements element amendments adopted after
91the effective date of this act shall require only a single
92public hearing before the governing board which shall be an
93adoption hearing as described in s. 163.3184(7). Such amendments
94are not subject to the requirements of s. 163.3184(3)-(6).
95     Section 2.  Subsection (6), paragraph (a) of subsection
96(9), and paragraphs (d) and (g) of subsection (13) of section
97163.3180, Florida Statutes, are amended, and paragraphs (h),
98(i), and (j) are added to subsection (5) of that section, to
99read:
100     163.3180  Concurrency.--
101     (5)
102     (h)  It is a high state priority that urban infill and
103redevelopment be promoted and provided incentives. By promoting
104the revitalization of existing communities of this state, a more
105efficient maximization of space and facilities may be achieved
106and urban sprawl discouraged. If a local government creates a
107long-term vision for its community that includes adequate
108funding, services, and multimodal transportation options, the
109transportation facilities concurrency requirements of paragraph
110(2)(c) are waived:
111     1.a.  For urban infill and redevelopment areas designated
112in the comprehensive plan under s. 163.2517; or
113     b.  For areas designated in the comprehensive plan prior to
114January 1, 2006, as urban infill development, urban
115redevelopment, or downtown revitalization.
116
117The local government and the Department of Transportation shall
118cooperatively establish a plan for maintaining the adopted
119level-of-service standards established by the Department of
120Transportation for Strategic Intermodal System facilities, as
121defined in s. 339.64.
122     2.  For municipalities that are built-out. For purposes of
123this exemption:
124     a.  The term "built-out" means that 90 percent of the
125property within the municipality's boundaries, excluding lands
126that are designated as conservation, preservation, recreation,
127or public facilities categories, have been developed or are the
128subject of an approved development order that has received a
129building permit and the municipality has an average density of
130five units per acre for residential developments.
131     b.  The municipality must have adopted an ordinance that
132provides the methodology for determining its built-out
133percentage, declares that transportation concurrency
134requirements are waived within its municipal boundary or within
135a designated area of the municipality, and addresses multimodal
136options and strategies, including alternative modes of
137transportation within the municipality. Prior to the adoption of
138the ordinance, the local government shall consult with the
139Department of Transportation to assess the impact that the
140waiver of the transportation concurrency requirements is
141expected to have on the adopted level-of-service standards
142established for Strategic Intermodal System facilities, as
143defined in s. 339.64. Further, the local government shall
144cooperatively establish a plan for maintaining the adopted
145level-of-service standards established by the department for
146Strategic Intermodal System facilities, as described in s.
147339.64.
148     c.  If a municipality annexes any property, the
149municipality must recalculate its built-out percentage pursuant
150to the methodology set forth in its ordinance to verify whether
151the annexed property may be included within the exemption.
152     d.  If transportation concurrency requirements are waived
153under this subparagraph, the municipality must adopt a
154comprehensive plan amendment pursuant to s. 163.3187(1)(c),
155which updates its transportation element to reflect the
156transportation concurrency requirements waiver, and must submit
157a copy of its ordinance, adopted in sub-subparagraph b., to the
158state land planning agency.
159     (i)  An areawide development of regional impact granted to
160a municipality under s. 380.06(25) is exempt from the
161requirements of transportation facilities concurrency if the
162development of regional impact's boundaries have not been
163increased after July 1, 2005, and a mitigation plan with
164identified funding has been submitted and approved by the
165Department of Transportation to address transportation
166deficiencies, if the approved development order did not address
167such deficiencies. New applications for development approval
168that are located outside of but are adjacent and contiguous to
169the specified exempt development-of-regional-impact boundaries
170shall not include the trips generated by such exempt development
171of regional impact as part of their transportation facilities
172concurrency calculations.
173     (j)  A development of regional impact granted to a downtown
174development authority under s. 380.06(22) is exempt from the
175requirements of transportation facilities concurrency if the
176development of regional impact's boundaries have not been
177increased after July 1, 2005, and a mitigation plan with
178identified funding has been submitted and approved by the
179Department of Transportation to address transportation
180deficiencies, if the approved development order did not address
181such deficiencies. New applications for development approval
182that are located outside of but are adjacent and contiguous to
183the specified exempt development-of-regional-impact boundaries
184shall not include the trips generated by such exempt development
185of regional impact as part of their transportation facilities
186concurrency calculations.
187     (6)  The Legislature finds that a de minimis impact is
188consistent with this part. A de minimis impact is an impact that
189would not affect more than 1 percent of the maximum volume at
190the adopted level of service of the affected transportation
191facility as determined by the local government. No impact will
192be de minimis if the sum of existing roadway volumes and the
193projected volumes from approved projects on a transportation
194facility would exceed 110 percent of the maximum volume at the
195adopted level of service of the affected transportation
196facility; provided however, that an impact of a single family
197home on an existing lot will constitute a de minimis impact on
198all roadways regardless of the level of the deficiency of the
199roadway. Further, no impact will be de minimis if it would
200exceed the adopted level-of-service standard of any affected
201designated hurricane evacuation routes. Each local government
202shall maintain sufficient records to ensure that the 110-percent
203criterion is not exceeded. Each local government shall submit
204annually, with its updated capital improvements element, a
205summary of the de minimis records. If the state land planning
206agency determines that the 110-percent criterion has been
207exceeded, the state land planning agency shall notify the local
208government of the exceedance and that no further de minimis
209exceptions for the applicable roadway may be granted until such
210time as the volume is reduced below the 110 percent. The local
211government shall provide proof of this reduction to the state
212land planning agency before issuing further de minimis
213exceptions.
214     (9)(a)  Each local government may adopt as a part of its
215plan, long-term transportation and school concurrency management
216systems with a planning period of up to 10 years for specially
217designated districts or areas where significant backlogs exist.
218The plan may include interim level-of-service standards on
219certain facilities and shall rely on the local government's
220schedule of capital improvements for up to 10 years as a basis
221for issuing development orders that authorize commencement of
222construction in these designated districts or areas. The
223concurrency management system must be designed to correct
224existing deficiencies and set priorities for addressing
225backlogged facilities. The concurrency management system must be
226financially feasible and consistent with other portions of the
227adopted local plan, including the future land use map. If a
228long-term concurrency management system is adopted pursuant to
229this paragraph for specially designated districts or areas where
230significant backlog exists, then such plan shall be deemed
231concurrent throughout the duration of the plan even if, in any
232particular year, such transportation improvements are not
233concurrent.
234     (13)  School concurrency shall be established on a
235districtwide basis and shall include all public schools in the
236district and all portions of the district, whether located in a
237municipality or an unincorporated area unless exempt from the
238public school facilities element pursuant to s. 163.3177(12).
239The application of school concurrency to development shall be
240based upon the adopted comprehensive plan, as amended. All local
241governments within a county, except as provided in paragraph
242(f), shall adopt and transmit to the state land planning agency
243the necessary plan amendments, along with the interlocal
244agreement, for a compliance review pursuant to s. 163.3184(7)
245and (8). The minimum requirements for school concurrency are the
246following:
247     (d)  Financial feasibility.--The Legislature recognizes
248that financial feasibility is an important issue because the
249premise of concurrency is that the public facilities will be
250provided in order to achieve and maintain the adopted level-of-
251service standard. This part and chapter 9J-5, Florida
252Administrative Code, contain specific standards to determine the
253financial feasibility of capital programs. These standards were
254adopted to make concurrency more predictable and local
255governments more accountable.
256     1.  A comprehensive plan amendment seeking to impose school
257concurrency shall contain appropriate amendments to the capital
258improvements element of the comprehensive plan, consistent with
259the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
260Administrative Code. The capital improvements element shall set
261forth a financially feasible public school capital facilities
262program, established in conjunction with the school board, that
263demonstrates that the adopted level-of-service standards will be
264achieved and maintained.
265     2.  Such amendments shall demonstrate that the public
266school capital facilities program meets all of the financial
267feasibility standards of this part and chapter 9J-5, Florida
268Administrative Code, that apply to capital programs which
269provide the basis for mandatory concurrency on other public
270facilities and services.
271     3.  When the financial feasibility of a public school
272capital facilities program is evaluated by the state land
273planning agency for purposes of a compliance determination, the
274evaluation shall be based upon the service areas selected by the
275local governments and school board.
276     4.  School capacity shall not be the basis to find any
277amendment to a local government comprehensive plan not in
278compliance pursuant to s. 163.3184 until the date established
279pursuant to s. 163.3177(12)(i), provided data and analysis are
280submitted to the state land planning agency demonstrating
281coordination between the school board and the local government
282to plan on addressing capacity issues.
283     (g)  Interlocal agreement for school concurrency.--When
284establishing concurrency requirements for public schools, a
285local government must enter into an interlocal agreement that
286satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
287163.31777 and the requirements of this subsection. The
288interlocal agreement shall acknowledge both the school board's
289constitutional and statutory obligations to provide a uniform
290system of free public schools on a countywide basis, and the
291land use authority of local governments, including their
292authority to approve or deny comprehensive plan amendments and
293development orders. The interlocal agreement shall be submitted
294to the state land planning agency by the local government as a
295part of the compliance review, along with the other necessary
296amendments to the comprehensive plan required by this part. In
297addition to the requirements of ss. 163.3177(6)(h) and
298163.31777, the interlocal agreement shall meet the following
299requirements:
300     1.  Establish the mechanisms for coordinating the
301development, adoption, and amendment of each local government's
302public school facilities element with each other and the plans
303of the school board to ensure a uniform districtwide school
304concurrency system.
305     2.  Establish a process for the development of siting
306criteria which encourages the location of public schools
307proximate to urban residential areas to the extent possible and
308seeks to collocate schools with other public facilities such as
309parks, libraries, and community centers to the extent possible.
310     3.  Specify uniform, districtwide level-of-service
311standards for public schools of the same type and the process
312for modifying the adopted level-of-service standards.
313     4.  Establish a process for the preparation, amendment, and
314joint approval by each local government and the school board of
315a public school capital facilities program which is financially
316feasible, and a process and schedule for incorporation of the
317public school capital facilities program into the local
318government comprehensive plans on an annual basis.
319     5.  Define the geographic application of school
320concurrency. If school concurrency is to be applied on a less
321than districtwide basis in the form of concurrency service
322areas, the agreement shall establish criteria and standards for
323the establishment and modification of school concurrency service
324areas. The agreement shall also establish a process and schedule
325for the mandatory incorporation of the school concurrency
326service areas and the criteria and standards for establishment
327of the service areas into the local government comprehensive
328plans. The agreement shall ensure maximum utilization of school
329capacity, taking into account transportation costs and court-
330approved desegregation plans, as well as other factors. The
331agreement shall also ensure the achievement and maintenance of
332the adopted level-of-service standards for the geographic area
333of application throughout the 5 years covered by the public
334school capital facilities plan and thereafter by adding a new
335fifth year during the annual update.
336     6.  Establish a uniform districtwide procedure for
337implementing school concurrency which provides for:
338     a.  The evaluation of development applications for
339compliance with school concurrency requirements, including
340information provided by the school board on affected schools,
341impact on levels of service, and programmed improvements for
342affected schools and any options to provide sufficient capacity;
343     b.  An opportunity for the school board to review and
344comment on the effect of comprehensive plan amendments and
345rezonings on the public school facilities plan; and
346     c.  The monitoring and evaluation of the school concurrency
347system.
348     7.  Include provisions relating to amendment of the
349agreement.
350     8.  A process and uniform methodology for determining
351proportionate-share mitigation pursuant to subparagraph (e)1.
352     Section 3.  Paragraph (p) is added to subsection (1) of
353section 163.3187, Florida Statutes, to read:
354     163.3187  Amendment of adopted comprehensive plan.--
355     (1)  Amendments to comprehensive plans adopted pursuant to
356this part may be made not more than two times during any
357calendar year, except:
358     (p)1.  For municipalities that are more than 90 percent
359built-out, any municipality's comprehensive plan amendments may
360be approved without regard to limits imposed by law on the
361frequency of consideration of amendments to the local
362comprehensive plan only if the proposed amendment involves a use
363of 100 acres or fewer and:
364     a.  The cumulative annual effect of the acreage for all
365amendments adopted pursuant to this paragraph does not exceed
366500 acres.
367     b.  The proposed amendment does not involve the same
368property granted a change within the prior 12 months.
369     c.  The proposed amendment does not involve the same
370owner's property within 200 feet of property granted a change
371within the prior 12 months.
372     d.  The proposed amendment does not involve a text change
373to the goals, policies, and objectives of the local government's
374comprehensive plan but only proposes a land use change to the
375future land use map for a site-specific small scale development
376activity.
377     e.  The property that is the subject of the proposed
378amendment is not located within an area of critical state
379concern.
380     2.  For purposes of this paragraph, the term "built-out"
381means 90 percent of the property within the municipality's
382boundaries, excluding lands that are designated as conservation,
383preservation, recreation, or public facilities categories, have
384been developed or are the subject of an approved development
385order that has received a building permit and the municipality
386has an average density of five units per acre for residential
387development.
388     3.a.  A local government that proposes to consider a plan
389amendment pursuant to this paragraph is not required to comply
390with the procedures and public notice requirements of s.
391163.3184(15)(c) for such plan amendments if the local government
392complies with the provisions of s. 166.041(3)(c). If a request
393for a plan amendment under this paragraph is initiated by other
394than the local government, public notice of the amendment is
395required.
396     b.  The local government shall send copies of the notice
397and amendment to the state land planning agency, the regional
398planning council, and any other person or entity requesting a
399copy. This information shall also include a statement
400identifying any property subject to the amendment that is
401located within a coastal high hazard area as identified in the
402local comprehensive plan.
403     4.  Amendments adopted pursuant to this paragraph require
404only one public hearing before the governing board, which shall
405be an adoption hearing as described in s. 163.3184(7), and are
406not subject to the requirements of s. 163.3184(3)-(6) unless the
407local government elects to have them subject to those
408requirements.
409     5.  This paragraph shall not apply if a municipality
410annexes unincorporated property that decreases the percentage of
411build-out to an amount below 90 percent.
412     6.  A municipality shall notify the state land planning
413agency in writing of the municipality's built-out percentage
414prior to the submission of any comprehensive plan amendments
415under this subsection.
416     Section 4.  Paragraph (a) of subsection (3) of section
417163.3247, Florida Statutes, is amended to read:
418     163.3247  Century Commission for a Sustainable Florida.--
419     (3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
420CREATION; ORGANIZATION.--The Century Commission for a
421Sustainable Florida is created as a standing body to help the
422citizens of this state envision and plan their collective future
423with an eye towards both 25-year and 50-year horizons.
424     (a)  The commission shall consist of 15 members, 5
425appointed by the Governor, 5 appointed by the President of the
426Senate, and 5 appointed by the Speaker of the House of
427Representatives. Appointments shall be made no later than
428October 1, 2005. The membership must represent local
429governments, school boards, developers and homebuilders, the
430business community, the agriculture community, the environmental
431community, and other appropriate stakeholders. The membership
432shall reflect the demographic makeup of the state. One member
433shall be designated by the Governor as chair of the commission.
434Any vacancy that occurs on the commission must be filled in the
435same manner as the original appointment and shall be for the
436unexpired term of that commission seat. Members shall serve 4-
437year terms, except that, initially, to provide for staggered
438terms, the Governor, the President of the Senate, and the
439Speaker of the House of Representatives shall each appoint one
440member to serve a 2-year term, two members to serve 3-year
441terms, and two members to serve 4-year terms. All subsequent
442appointments shall be for 4-year terms. An appointee may not
443serve more than 6 years.
444     Section 5.  Subsection (2) of section 339.2819, Florida
445Statutes, is amended to read:
446     339.2819  Transportation Regional Incentive Program.--
447     (2)  The percentage of matching funds provided from the
448Transportation Regional Incentive Program shall be 50 percent of
449project costs, or up to 50 percent of the nonfederal share of
450the eligible project cost for a public transportation facility
451project.
452     Section 6.  Paragraphs (l) and (n) of subsection (24) of
453section 380.06, Florida Statutes, are amended, and subsection
454(28) is added to that section, to read:
455     380.06  Developments of regional impact.--
456     (24)  STATUTORY EXEMPTIONS.--
457     (l)  Any proposed development within an urban service
458boundary established under s. 163.3177(14) is exempt from the
459provisions of this section if the local government having
460jurisdiction over the area where the development is proposed has
461adopted the urban service boundary, and has entered into a
462binding agreement with adjacent jurisdictions that would be
463impacted and with the Department of Transportation regarding the
464mitigation of impacts on state and regional transportation
465facilities, and has adopted a proportionate share methodology
466pursuant to s. 163.3180(16).
467     (n)  Any proposed development or redevelopment within an
468area designated as an urban infill and redevelopment area under
469s. 163.2517 is exempt from the provisions of this section if the
470local government has entered into a binding agreement with
471jurisdictions that would be impacted and the Department of
472Transportation regarding the mitigation of impacts on state and
473regional transportation facilities, and has adopted a
474proportionate share methodology pursuant to s. 163.3180(16).
475     (28)  PARTIAL STATUTORY EXEMPTIONS.--
476     (a)  If the binding agreement referenced under paragraph
477(24)(l) for urban service boundaries is not entered into within
47812 months after establishment of the urban service boundary, the
479development-of-regional-impact review for projects within the
480urban service boundary must address transportation impacts only.
481     (b)  If the binding agreement referenced under paragraph
482(24)(n) for designated urban infill and redevelopment areas is
483not entered into within 12 months after the designation of the
484area or July 1, 2007, whichever occurs later, the development-
485of-regional-impact review for projects within the urban infill
486and redevelopment area must address transportation impacts only.
487     (c)  If the binding agreement referenced under paragraph
488(24)(m) for rural land stewardship areas is not entered into
489within 12 months after the designation of a rural land
490stewardship area, the development-of-regional-impact review for
491projects within the rural land stewardship area must address
492transportation impacts only.
493     (d)  A local government that does not wish to enter into a
494binding agreement or that is unable to agree on the terms of the
495agreement referenced under paragraph (24)(l), paragraph (24)(m),
496or paragraph (24)(n) shall provide written notification to the
497state land planning agency of the desire not to enter into a
498binding agreement or a failure to enter into a binding agreement
499within the 12-month period referenced in paragraph (a),
500paragraph (b), or paragraph (c). Following the notification of
501the state land planning agency, the development-of-regional-
502impact review for projects within the urban service boundary
503under paragraph (24)(l), within a rural land stewardship area
504under paragraph (24)(m), or for an urban infill and
505redevelopment area under paragraph (24)(n) must address
506transportation impacts only.
507     Section 7.  The Legislature finds that local governments
508should have the ability to require all new development to
509mitigate the development's impact on transportation facilities,
510regardless of the size or type of development, by payment of a
511per-trip fee as an alternative to the adoption by the local
512government of impact fees for transportation facilities or the
513implementation of proportionate fair-share mitigation.
514Therefore, the Legislature hereby directs that the Department of
515Transportation shall conduct a study to determine if a per-trip
516fee would provide local government with an effective method of
517ensuring that the cost of transportation facilities is equitable
518and equally distributed. Such fees would be imposed on roadways
519and paid at the time of the issuance of a building permit or its
520functional equivalent. The revenues derived from such fees would
521be used to fund new facilities or to fix existing deficiencies
522on transportation facilities. The department shall submit a
523report of its findings and recommendations to the Governor, the
524President of the Senate, and the Speaker of the House of
525Representatives by December 1, 2006.
526     Section 8.  The sum of $25 million is appropriated from the
527General Revenue Fund to the Conservation and Recreation Lands
528Program Trust Fund within the Department of Agriculture and
529Consumer Services for the purposes of s. 570.71, Florida
530Statutes.
531     Section 9.  This act shall take effect July 1, 2006.


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