Florida Senate - 2011                                    SB 1804
       By Senator Diaz de la Portilla
       36-01647-11                                           20111804__
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3180, F.S.; requiring that charter schools be a
    4         permitted mitigation option for purposes of meeting
    5         concurrency requirements; amending s. 163.3187, F.S.;
    6         providing that an amendment to a comprehensive plan
    7         that affects acreage of 10 acres or less is a small
    8         scale development amendment, notwithstanding any
    9         restrictive covenant; amending s. 201.15, F.S.;
   10         removing the funding cap for the State Housing Trust
   11         Fund and the Local Government Housing Trust Fund;
   12         prohibiting residual funds deposited in the State
   13         Housing Trust Fund and the Local Government Housing
   14         Trust Fund from being transferred to the General
   15         Revenue Fund; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Paragraph (e) of subsection (13) of section
   20  163.3180, Florida Statutes, is amended to read:
   21         163.3180 Concurrency.—
   22         (13) School concurrency shall be established on a
   23  districtwide basis and shall include all public schools in the
   24  district and all portions of the district, whether located in a
   25  municipality or an unincorporated area unless exempt from the
   26  public school facilities element pursuant to s. 163.3177(12).
   27  The application of school concurrency to development shall be
   28  based upon the adopted comprehensive plan, as amended. All local
   29  governments within a county, except as provided in paragraph
   30  (f), shall adopt and transmit to the state land planning agency
   31  the necessary plan amendments, along with the interlocal
   32  agreement, for a compliance review pursuant to s. 163.3184(7)
   33  and (8). The minimum requirements for school concurrency are the
   34  following:
   35         (e) Availability standard.—Consistent with the public
   36  welfare, a local government may not deny an application for site
   37  plan, final subdivision approval, or the functional equivalent
   38  for a development or phase of a development authorizing
   39  residential development for failure to achieve and maintain the
   40  level-of-service standard for public school capacity in a local
   41  school concurrency management system where adequate school
   42  facilities will be in place or under actual construction within
   43  3 years after the issuance of final subdivision or site plan
   44  approval, or the functional equivalent. School concurrency is
   45  satisfied if the developer executes a legally binding commitment
   46  to provide mitigation proportionate to the demand for public
   47  school facilities to be created by actual development of the
   48  property, including, but not limited to, the options described
   49  in subparagraph 1. Options for proportionate-share mitigation of
   50  impacts on public school facilities must be established in the
   51  public school facilities element and the interlocal agreement
   52  pursuant to s. 163.31777.
   53         1. Appropriate mitigation options include the contribution
   54  of land; the construction, expansion, or payment for land
   55  acquisition or construction of a public school facility; the
   56  construction of a charter school that complies with the
   57  requirements of s. 1002.33(18); or the creation of mitigation
   58  banking based on the construction of a public school facility in
   59  exchange for the right to sell capacity credits. Such options
   60  must include execution by the applicant and the local government
   61  of a development agreement that constitutes a legally binding
   62  commitment to pay proportionate-share mitigation for the
   63  additional residential units approved by the local government in
   64  a development order and actually developed on the property,
   65  taking into account residential density allowed on the property
   66  prior to the plan amendment that increased the overall
   67  residential density. The district school board must be a party
   68  to such an agreement. As a condition of its entry into such a
   69  development agreement, the local government may require the
   70  landowner to agree to continuing renewal of the agreement upon
   71  its expiration.
   72         2. If the education facilities plan and the public
   73  educational facilities element authorize a contribution of land;
   74  the construction, expansion, or payment for land acquisition;
   75  the construction or expansion of a public school facility, or a
   76  portion thereof; or the construction of a charter school that
   77  complies with the requirements of s. 1002.33(18), as
   78  proportionate-share mitigation, the local government shall
   79  credit such a contribution, construction, expansion, or payment
   80  toward any other impact fee or exaction imposed by local
   81  ordinance for the same need, on a dollar-for-dollar basis at
   82  fair market value.
   83         3. Any proportionate-share mitigation must be directed by
   84  the school board toward a school capacity improvement identified
   85  in a financially feasible 5-year district work plan that
   86  satisfies the demands created by the development in accordance
   87  with a binding developer’s agreement.
   88         4. If a development is precluded from commencing because
   89  there is inadequate classroom capacity to mitigate the impacts
   90  of the development, the development may nevertheless commence if
   91  there are accelerated facilities in an approved capital
   92  improvement element scheduled for construction in year four or
   93  later of such plan which, when built, will mitigate the proposed
   94  development, or if such accelerated facilities will be in the
   95  next annual update of the capital facilities element, the
   96  developer enters into a binding, financially guaranteed
   97  agreement with the school district to construct an accelerated
   98  facility within the first 3 years of an approved capital
   99  improvement plan, and the cost of the school facility is equal
  100  to or greater than the development’s proportionate share. When
  101  the completed school facility is conveyed to the school
  102  district, the developer shall receive impact fee credits usable
  103  within the zone where the facility is constructed or any
  104  attendance zone contiguous with or adjacent to the zone where
  105  the facility is constructed.
  106         5. This paragraph does not limit the authority of a local
  107  government to deny a development permit or its functional
  108  equivalent pursuant to its home rule regulatory powers, except
  109  as provided in this part.
  110         6.The use of a charter school as a mitigation option under
  111  this paragraph shall always be permitted.
  112         Section 2. Paragraph (c) of subsection (1) of section
  113  163.3187, Florida Statutes, is amended to read:
  114         163.3187 Amendment of adopted comprehensive plan.—
  115         (1) Amendments to comprehensive plans adopted pursuant to
  116  this part may be made not more than two times during any
  117  calendar year, except:
  118         (c) Any local government comprehensive plan amendments
  119  directly related to proposed small scale development activities
  120  may be approved without regard to statutory limits on the
  121  frequency of consideration of amendments to the local
  122  comprehensive plan. A small scale development amendment may be
  123  adopted only under the following conditions:
  124         1. The proposed amendment involves a use of 10 acres or
  125  less, notwithstanding any restrictive covenant that may affect
  126  the land, fewer and:
  127         a. The cumulative annual effect of the acreage for all
  128  small scale development amendments adopted by the local
  129  government shall not exceed:
  130         (I) A maximum of 120 acres in a local government that
  131  contains areas specifically designated in the local
  132  comprehensive plan for urban infill, urban redevelopment, or
  133  downtown revitalization as defined in s. 163.3164, urban infill
  134  and redevelopment areas designated under s. 163.2517,
  135  transportation concurrency exception areas approved pursuant to
  136  s. 163.3180(5), or regional activity centers and urban central
  137  business districts approved pursuant to s. 380.06(2)(e);
  138  however, amendments under this paragraph may be applied to no
  139  more than 60 acres annually of property outside the designated
  140  areas listed in this sub-sub-subparagraph. Amendments adopted
  141  pursuant to paragraph (k) shall not be counted toward the
  142  acreage limitations for small scale amendments under this
  143  paragraph.
  144         (II) A maximum of 80 acres in a local government that does
  145  not contain any of the designated areas set forth in sub-sub
  146  subparagraph (I).
  147         (III) A maximum of 120 acres in a county established
  148  pursuant to s. 9, Art. VIII of the State Constitution.
  149         b. The proposed amendment does not involve the same
  150  property granted a change within the prior 12 months.
  151         c. The proposed amendment does not involve the same owner’s
  152  property within 200 feet of property granted a change within the
  153  prior 12 months.
  154         d. The proposed amendment does not involve a text change to
  155  the goals, policies, and objectives of the local government’s
  156  comprehensive plan, but only proposes a land use change to the
  157  future land use map for a site-specific small scale development
  158  activity.
  159         e. The property that is the subject of the proposed
  160  amendment is not located within an area of critical state
  161  concern, unless the project subject to the proposed amendment
  162  involves the construction of affordable housing units meeting
  163  the criteria of s. 420.0004(3), and is located within an area of
  164  critical state concern designated by s. 380.0552 or by the
  165  Administration Commission pursuant to s. 380.05(1). Such
  166  amendment is not subject to the density limitations of sub
  167  subparagraph f., and shall be reviewed by the state land
  168  planning agency for consistency with the principles for guiding
  169  development applicable to the area of critical state concern
  170  where the amendment is located and shall not become effective
  171  until a final order is issued under s. 380.05(6).
  172         f. If the proposed amendment involves a residential land
  173  use, the residential land use has a density of 10 units or less
  174  per acre or the proposed future land use category allows a
  175  maximum residential density of the same or less than the maximum
  176  residential density allowable under the existing future land use
  177  category, except that this limitation does not apply to small
  178  scale amendments involving the construction of affordable
  179  housing units meeting the criteria of s. 420.0004(3) on property
  180  which will be the subject of a land use restriction agreement,
  181  or small scale amendments described in sub-sub-subparagraph
  182  a.(I) that are designated in the local comprehensive plan for
  183  urban infill, urban redevelopment, or downtown revitalization as
  184  defined in s. 163.3164, urban infill and redevelopment areas
  185  designated under s. 163.2517, transportation concurrency
  186  exception areas approved pursuant to s. 163.3180(5), or regional
  187  activity centers and urban central business districts approved
  188  pursuant to s. 380.06(2)(e).
  189         2.a. A local government that proposes to consider a plan
  190  amendment pursuant to this paragraph is not required to comply
  191  with the procedures and public notice requirements of s.
  192  163.3184(15)(c) for such plan amendments if the local government
  193  complies with the provisions in s. 125.66(4)(a) for a county or
  194  in s. 166.041(3)(c) for a municipality. If a request for a plan
  195  amendment under this paragraph is initiated by other than the
  196  local government, public notice is required.
  197         b. The local government shall send copies of the notice and
  198  amendment to the state land planning agency, the regional
  199  planning council, and any other person or entity requesting a
  200  copy. This information shall also include a statement
  201  identifying any property subject to the amendment that is
  202  located within a coastal high-hazard area as identified in the
  203  local comprehensive plan.
  204         3. Small scale development amendments adopted pursuant to
  205  this paragraph require only one public hearing before the
  206  governing board, which shall be an adoption hearing as described
  207  in s. 163.3184(7), and are not subject to the requirements of s.
  208  163.3184(3)-(6) unless the local government elects to have them
  209  subject to those requirements.
  210         4. If the small scale development amendment involves a site
  211  within an area that is designated by the Governor as a rural
  212  area of critical economic concern under s. 288.0656(7) for the
  213  duration of such designation, the 10-acre limit listed in
  214  subparagraph 1. shall be increased by 100 percent to 20 acres.
  215  The local government approving the small scale plan amendment
  216  shall certify to the Office of Tourism, Trade, and Economic
  217  Development that the plan amendment furthers the economic
  218  objectives set forth in the executive order issued under s.
  219  288.0656(7), and the property subject to the plan amendment
  220  shall undergo public review to ensure that all concurrency
  221  requirements and federal, state, and local environmental permit
  222  requirements are met.
  223         Section 3. Subsections (9), (10), (13), and (17) of section
  224  201.15, Florida Statutes, are amended to read:
  225         201.15 Distribution of taxes collected.—All taxes collected
  226  under this chapter are subject to the service charge imposed in
  227  s. 215.20(1). Prior to distribution under this section, the
  228  Department of Revenue shall deduct amounts necessary to pay the
  229  costs of the collection and enforcement of the tax levied by
  230  this chapter. Such costs and the service charge may not be
  231  levied against any portion of taxes pledged to debt service on
  232  bonds to the extent that the costs and service charge are
  233  required to pay any amounts relating to the bonds. After
  234  distributions are made pursuant to subsection (1), all of the
  235  costs of the collection and enforcement of the tax levied by
  236  this chapter and the service charge shall be available and
  237  transferred to the extent necessary to pay debt service and any
  238  other amounts payable with respect to bonds authorized before
  239  January 1, 2010, secured by revenues distributed pursuant to
  240  subsection (1). All taxes remaining after deduction of costs and
  241  the service charge shall be distributed as follows:
  242         (9) Seven and fifty-three one-hundredths The lesser of 7.53
  243  percent of the remaining taxes or $107 million in each fiscal
  244  year shall be paid into the State Treasury to the credit of the
  245  State Housing Trust Fund and used as follows:
  246         (a) Half of that amount shall be used for the purposes for
  247  which the State Housing Trust Fund was created and exists by
  248  law.
  249         (b) Half of that amount shall be paid into the State
  250  Treasury to the credit of the Local Government Housing Trust
  251  Fund and used for the purposes for which the Local Government
  252  Housing Trust Fund was created and exists by law.
  253         (10) Eight and two-thirds The lesser of 8.66 percent of the
  254  remaining taxes or $136 million in each fiscal year shall be
  255  paid into the State Treasury to the credit of the State Housing
  256  Trust Fund and used as follows:
  257         (a) Twelve and one-half percent of that amount shall be
  258  deposited into the State Housing Trust Fund and be expended by
  259  the Department of Community Affairs and by the Florida Housing
  260  Finance Corporation for the purposes for which the State Housing
  261  Trust Fund was created and exists by law.
  262         (b) Eighty-seven and one-half percent of that amount shall
  263  be distributed to the Local Government Housing Trust Fund and
  264  used for the purposes for which the Local Government Housing
  265  Trust Fund was created and exists by law. Funds from this
  266  category may also be used to provide for state and local
  267  services to assist the homeless.
  268         (13) In each fiscal year that the remaining taxes exceed
  269  collections in the prior fiscal year, the stated maximum dollar
  270  amounts provided in subsections (2), (4), (6), and (7), (9), and
  271  (10) shall each be increased by an amount equal to 10 percent of
  272  the increase in the remaining taxes collected under this chapter
  273  multiplied by the applicable percentage provided in those
  274  subsections.
  275         (17) After the distributions provided in the preceding
  276  subsections, with the exception of subsections (9) and (10) any
  277  remaining taxes shall be paid into the State Treasury to the
  278  credit of the General Revenue Fund.
  279         Section 4. This act shall take effect July 1, 2011.