Amendment
Bill No. 1865

Amendment No. 000417

CHAMBER ACTION
Senate		House
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1	Representative(s) Johnson offered the following:
2
3	Substitute Amendment for Amendment (699673) (with title
4	amendment)
5	Remove the entire body and insert:
6	Section 1.  Popular name.--This act may be cited as the
7	"Sustainable Florida Act of 2005."
8	Section 2.  Subsection (32) is added to section 163.3164,
9	Florida Statutes, to read:
10	163.3164  Local Government Comprehensive Planning and Land
11	Development Regulation Act; definitions.--As used in this act:
12	(32)  "Financial feasibility" means sufficient revenues are
13	currently available or will be available from committed or
14	planned funding sources available for financing capital
15	improvements, such as ad valorem taxes, bonds, state and federal
16	funds, tax revenues, impact fees, and developer contributions,
17	which are adequate to fund the projected costs of the capital
18	improvements and as otherwise identified within this act
19	necessary to ensure that adopted level-of-service standards are
20	achieved and maintained within the 5-year schedule of capital
21	improvements.
22	Section 3.  Section 163.3172, Florida Statutes, is created
23	to read:
24	163.3172  Urban infill and redevelopment.--In recognition
25	that urban infill and redevelopment is a high state priority,
26	the Legislature determines that local governments should not
27	adopt charter provisions, ordinances, or land development
28	regulations that discourage this state priority, unless the
29	charter provisions, ordinances, or land development regulations
30	are to limit impacts to coastal high-hazard areas, historic
31	districts, or aviation operations. Higher density urban
32	development is appropriate in urban core areas and should be
33	encouraged in such areas. Conversely, it is appropriate to
34	discourage greater height and density as a development form in
35	areas outside the urban core where such development forms are
36	incompatible with existing land uses. Notwithstanding chapters
37	125 and 163, any existing or future charter county charter
38	provision, ordinance, land development regulation, or countywide
39	special act that governs the use, development, or redevelopment
40	of land shall not be effective within any municipality of the
41	county unless the charter provision, ordinance, land development
42	regulation, or countywide special act is approved by a majority
43	vote of the municipality's governing board or is approved by a
44	majority vote of the county's governing board for placement on
45	the ballot as a countywide referendum and:
46	(1)  The ballot form includes a ballot summary of the
47	measure being voted on, which has been agreed to by the
48	municipalities of the county, in addition to any other
49	requirements of law. If no agreement on the ballot summary
50	language is reached with the municipalities of the county, the
51	ballot form shall also contain an estimate, as created by the
52	municipalities, individually, or if desired by the
53	municipalities, cumulatively, of the fiscal impact of the
54	measure
55	upon the municipality.
56	(2)  The referendum is approved by a majority vote of the
57	electors of the county voting in the referendum.
58
59	Existing charter provisions and countywide special acts that
60	have been approved by referendum prior to the effective date of
61	this act must be readopted in accordance with this section in
62	order to apply within a municipality. However, any existing
63	charter county charter provision that has established a rural
64	boundary as delineated on a rural boundary map shall not be
65	required to have the charter provision readopted in accordance
66	with this section and shall continue to apply within
67	municipalities of the charter county. In the event of a conflict
68	between a countywide ordinance and a municipal ordinance within
69	a charter county that regulates expressive conduct, the more
70	restrictive ordinance shall govern. In addition, the
71	requirements of this section restricting charter county charter
72	provisions, ordinances, or land development regulations
73	concerning building height restrictions shall not apply within
74	any areas of critical state concern designated pursuant to s.
75	380.05-380.0555.
76	Section 4.  Subsection (3), paragraphs (a), (b), (c), and
77	(h) of subsection (6), paragraph (d) of subsection (11), and
78	subsection (12) of section 163.3177, Florida Statutes, are
79	amended, and subsection (13) is added to said section, to read:
80	163.3177  Required and optional elements of comprehensive
81	plan; studies and surveys.--
82	(3)(a)  The comprehensive plan shall contain a capital
83	improvements element designed to consider the need for and the
84	location of public facilities in order to encourage the
85	efficient utilization of such facilities and set forth:
86	1.  A component which outlines principles for construction,
87	extension, or increase in capacity of public facilities, as well
88	as a component which outlines principles for correcting existing
89	public facility deficiencies, which are necessary to implement
90	the comprehensive plan. The components shall cover at least a 5-
91	year period.
92	2.  Estimated public facility costs, including a
93	delineation of when facilities will be needed, the general
94	location of the facilities, and projected revenue sources to
95	fund the facilities.
96	3.  Standards to ensure the availability of public
97	facilities and the adequacy of those facilities including
98	acceptable levels of service.
99	4.  Standards for the management of debt.
100	5.  A schedule of capital improvements which includes
101	publicly funded projects and which may include privately funded
102	projects.
103	6.  The schedule of transportation improvements included in
104	the applicable metropolitan planning organization's
105	transportation improvement program adopted pursuant to s.
106	339.175(7) to the extent that such improvements are relied upon
107	to ensure concurrency and financial feasibility. The schedule
108	must also be coordinated with the applicable metropolitan
109	planning organization's long-range transportation plan adopted
110	pursuant to s. 339.175(6).
111	(b)1.  The capital improvements element shall be reviewed
112	on an annual basis and modified as necessary in accordance with
113	s. 163.3187 or s. 163.3189 in order to maintain a financially
114	feasible 5-year schedule of capital improvements., except that
115	Corrections, updates, and modifications concerning costs,;
116	revenue sources, or; acceptance of facilities pursuant to
117	dedications which are consistent with the plan; or the date of
118	construction of any facility enumerated in the capital
119	improvements schedule element may be accomplished by ordinance
120	and shall not be deemed to be amendments to the local
121	comprehensive plan. A copy of the ordinance shall be transmitted
122	to the state land planning agency. All public facilities shall
123	be consistent with the capital improvements element. Amendments
124	to implement this section must be adopted and transmitted no
125	later than December 1, 2007. Thereafter, a local government may
126	not amend its future land use map, except for plan amendments to
127	meet new requirements under this part and emergency amendments
128	pursuant to s. 163.3187(1)(a), after December 1, 2007, and every
129	year thereafter until the local government has adopted the
130	annual update and the annual update has been transmitted to the
131	state land planning agency.
132	2.  Capital improvements element amendments adopted after
133	the effective date of this act shall require only a single
134	public hearing before the governing board which shall be an
135	adoption hearing as described in s. 163.3184(7). Such amendments
136	are not subject to the requirements of s. 163.3184(3)-(6).
137	Amendments to the 5-year schedule of capital improvements
138	adopted after the effective date of this act shall not be
139	subject to challenge by an affected party. If the department
140	finds an amendment pursuant to this subparagraph not in
141	compliance, the local government may challenge that
142	determination pursuant to s. 163.3184(10).
143	(6)  In addition to the requirements of subsections (1)-
144	(5), the comprehensive plan shall include the following
145	elements:
146	(a)  A future land use plan element designating proposed
147	future general distribution, location, and extent of the uses of
148	land for residential uses, commercial uses, industry,
149	agriculture, recreation, conservation, education, public
150	buildings and grounds, other public facilities, and other
151	categories of the public and private uses of land. Counties are
152	encouraged to designate rural land stewardship areas, pursuant
153	to the provisions of paragraph (11)(d), as overlays on the
154	future land use map. Each future land use category must be
155	defined in terms of uses included, and must include standards to
156	be followed in the control and distribution of population
157	densities and building and structure intensities. The proposed
158	distribution, location, and extent of the various categories of
159	land use shall be shown on a land use map or map series which
160	shall be supplemented by goals, policies, and measurable
161	objectives. The future land use plan shall be based upon
162	surveys, studies, and data regarding the area, including the
163	amount of land required to accommodate anticipated growth; the
164	projected population of the area; the character of undeveloped
165	land; the availability of water supplies, public facilities, and
166	services; the need for redevelopment, including the renewal of
167	blighted areas and the elimination of nonconforming uses which
168	are inconsistent with the character of the community; the
169	compatibility of uses on lands adjacent to or closely proximate
170	to military installations; and, in rural communities, the need
171	for job creation, capital investment, and economic development
172	that will strengthen and diversify the community's economy. The
173	future land use plan may designate areas for future planned
174	development use involving combinations of types of uses for
175	which special regulations may be necessary to ensure development
176	in accord with the principles and standards of the comprehensive
177	plan and this act. The future land use plan element shall
178	include criteria to be used to achieve the compatibility of
179	adjacent or closely proximate lands with military installations.
180	In addition, for rural communities, the amount of land
181	designated for future planned industrial use shall be based upon
182	surveys and studies that reflect the need for job creation,
183	capital investment, and the necessity to strengthen and
184	diversify the local economies, and shall not be limited solely
185	by the projected population of the rural community. The future
186	land use plan of a county may also designate areas for possible
187	future municipal incorporation. The land use maps or map series
188	shall generally identify and depict historic district boundaries
189	and shall designate historically significant properties meriting
190	protection. The future land use element must clearly identify
191	the land use categories in which public schools are an allowable
192	use. When delineating the land use categories in which public
193	schools are an allowable use, a local government shall include
194	in the categories sufficient land proximate to residential
195	development to meet the projected needs for schools in
196	coordination with public school boards and may establish
197	differing criteria for schools of different type or size. Each
198	local government shall include lands contiguous to existing
199	school sites, to the maximum extent possible, within the land
200	use categories in which public schools are an allowable use. All
201	comprehensive plans must comply with the school siting
202	requirements of this paragraph no later than October 1, 1999.
203	The failure by a local government to comply with these school
204	siting requirements by October 1, 1999, will result in the
205	prohibition of the local government's ability to amend the local
206	comprehensive plan, except for plan amendments described in s.
207	163.3187(1)(b), until the school siting requirements are met.
208	Amendments proposed by a local government for purposes of
209	identifying the land use categories in which public schools are
210	an allowable use or for adopting or amending the school-siting
211	maps pursuant to s. 163.31776(3) are exempt from the limitation
212	on the frequency of plan amendments contained in s. 163.3187.
213	The future land use element shall include criteria that
214	encourage the location of schools proximate to urban residential
215	areas to the extent possible and shall require that the local
216	government seek to collocate public facilities, such as parks,
217	libraries, and community centers, with schools to the extent
218	possible and to encourage the use of elementary schools as focal
219	points for neighborhoods. For schools serving predominantly
220	rural counties, defined as a county with a population of 100,000
221	or fewer, an agricultural land use category shall be eligible
222	for the location of public school facilities if the local
223	comprehensive plan contains school siting criteria and the
224	location is consistent with such criteria. Local governments
225	required to update or amend their comprehensive plan to include
226	criteria and address compatibility of adjacent or closely
227	proximate lands with existing military installations in their
228	future land use plan element shall transmit the update or
229	amendment to the department by June 30, 2006.
230	(b)  A traffic circulation element consisting of the types,
231	locations, and extent of existing and proposed major
232	thoroughfares and transportation routes, including bicycle and
233	pedestrian ways. Transportation corridors, as defined in s.
234	334.03, may be designated in the traffic circulation element
235	pursuant to s. 337.273. If the transportation corridors are
236	designated, the local government may adopt a transportation
237	corridor management ordinance. By December 1, 2006, each local
238	government shall adopt by ordinance a transportation concurrency
239	management system which shall include a methodology for
240	assessing proportionate share mitigation options. By December 1,
241	2005, the Department of Transportation shall develop a model
242	transportation concurrency management ordinance with
243	methodologies for assessing proportionate share options. The
244	transportation concurrency management ordinance may assess a
245	concurrency impact area by districts or systemwide.
246	(c)  A general sanitary sewer, solid waste, drainage,
247	potable water, and natural groundwater aquifer recharge element
248	correlated to principles and guidelines for future land use,
249	indicating ways to provide for future potable water, drainage,
250	sanitary sewer, solid waste, and aquifer recharge protection
251	requirements for the area. The element may be a detailed
252	engineering plan including a topographic map depicting areas of
253	prime groundwater recharge. The element shall describe the
254	problems and needs and the general facilities that will be
255	required for solution of the problems and needs. The element
256	shall also include a topographic map depicting any areas adopted
257	by a regional water management district as prime groundwater
258	recharge areas for the Floridan or Biscayne aquifers, pursuant
259	to s. 373.0395. These areas shall be given special consideration
260	when the local government is engaged in zoning or considering
261	future land use for said designated areas. For areas served by
262	septic tanks, soil surveys shall be provided which indicate the
263	suitability of soils for septic tanks. Within 18 months after
264	the governing board approves an updated regional water supply
265	plan, the local government shall submit a comprehensive plan
266	amendment that incorporates the alternative water supply
267	projects selected by the local government from those identified
268	in the regional supply plan pursuant to s. 373.0361(2)(a) or
269	proposed by the local government under s. 373.0361, into the
270	element. If a local government is located within two water
271	management districts, the local government shall adopt its
272	comprehensive plan amendment within 18 months after the later
273	updated By December 1, 2006, The element must consider the
274	appropriate water management district's regional water supply
275	plan approved pursuant to s. 373.0361. The element must identify
276	such alternative water supply projects and traditional water
277	supply projects and conservation and reuse necessary to meet the
278	water needs identified in s. 373.0361(2)(a) within the local
279	government's jurisdiction and include a work plan, covering at
280	least a 10-year planning period, for building public water
281	supply facilities, including development of alternative water
282	supplies that are necessary to meet existing and projected water
283	use demand over the work planning period. The work plan shall
284	also describe how the water supply needs will be met over the
285	course of the planning period from any other providers of water,
286	if applicable that are identified in the element as necessary to
287	serve existing and new development and for which the local
288	government is responsible. The work plan shall be updated, at a
289	minimum, every 5 years within 18 12 months after the governing
290	board of a water management district approves an updated
291	regional water supply plan. Local governments, public and
292	private utilities, regional water supply authorities, special
293	districts, and water management districts are encouraged to
294	cooperatively plan for the development of multijurisdictional
295	water supply facilities that are sufficient to meet projected
296	demands for established planning periods, including the
297	development of alternative water sources to supplement
298	traditional sources of ground and surface water supplies.
299	Amendments to incorporate the work plan do not count toward the
300	limitation on the frequency of adoption of amendments to the
301	comprehensive plan.
302	(h)1.  An intergovernmental coordination element showing
303	relationships and stating principles and guidelines to be used
304	in the accomplishment of coordination of the adopted
305	comprehensive plan with the plans of school boards, regional
306	water supply authorities, and other units of local government
307	providing services but not having regulatory authority over the
308	use of land, with the comprehensive plans of adjacent
309	municipalities, the county, adjacent counties, or the region,
310	with the state comprehensive plan and with the applicable
311	regional water supply plan approved pursuant to s. 373.0361, as
312	the case may require and as such adopted plans or plans in
313	preparation may exist. This element of the local comprehensive
314	plan shall demonstrate consideration of the particular effects
315	of the local plan, when adopted, upon the development of
316	adjacent municipalities, the county, adjacent counties, or the
317	region, or upon the state comprehensive plan, as the case may
318	require.
319	a.  The intergovernmental coordination element shall
320	provide for procedures to identify and implement joint planning
321	areas, especially for the purpose of annexation, municipal
322	incorporation, and joint infrastructure service areas.
323	b.  The intergovernmental coordination element shall
324	provide for recognition of campus master plans prepared pursuant
325	to s. 1013.30.
326	c.  The intergovernmental coordination element may provide
327	for a voluntary dispute resolution process as established
328	pursuant to s. 186.509 for bringing to closure in a timely
329	manner intergovernmental disputes. A local government may
330	develop and use an alternative local dispute resolution process
331	for this purpose.
332	2.  The intergovernmental coordination element shall
333	further state principles and guidelines to be used in the
334	accomplishment of coordination of the adopted comprehensive plan
335	with the plans of school boards and other units of local
336	government providing facilities and services but not having
337	regulatory authority over the use of land. In addition, the
338	intergovernmental coordination element shall describe joint
339	processes for collaborative planning and decisionmaking on
340	population projections and public school siting, the location
341	and extension of public facilities subject to concurrency, and
342	siting facilities with countywide significance, including
343	locally unwanted land uses whose nature and identity are
344	established in an agreement. Within 1 year of adopting their
345	intergovernmental coordination elements, each county, all the
346	municipalities within that county, the district school board,
347	and any unit of local government service providers in that
348	county shall establish by interlocal or other formal agreement
349	executed by all affected entities, the joint processes described
350	in this subparagraph consistent with their adopted
351	intergovernmental coordination elements.
352	3.  To foster coordination between special districts and
353	local general-purpose governments as local general-purpose
354	governments implement local comprehensive plans, each
355	independent special district must submit a public facilities
356	report to the appropriate local government as required by s.
357	189.415.
358	4.a.  Local governments adopting a public educational
359	facilities element pursuant to s. 163.31776 must execute an
360	interlocal agreement with the district school board, the county,
361	and nonexempt municipalities pursuant to s. 163.31777, as
362	defined by s. 163.31776(1), which includes the items listed in
363	s. 163.31777(2). The local government shall amend the
364	intergovernmental coordination element to provide that
365	coordination between the local government and school board is
366	pursuant to the agreement and shall state the obligations of the
367	local government under the agreement.
368	b.  Plan amendments that comply with this subparagraph are
369	exempt from the provisions of s. 163.3187(1).
370	5.  The state land planning agency shall establish a
371	schedule for phased completion and transmittal of plan
372	amendments to implement subparagraphs 1., 2., and 3. from all
373	jurisdictions so as to accomplish their adoption by December 31,
374	1999. A local government may complete and transmit its plan
375	amendments to carry out these provisions prior to the scheduled
376	date established by the state land planning agency. The plan
377	amendments are exempt from the provisions of s. 163.3187(1).
378	6.  By January 1, 2004, Any county having a population
379	greater than 100,000, and the municipalities and special
380	districts within that county, shall submit a report to the
381	Department of Community Affairs which:
382	a.  Identifies all existing or proposed interlocal service-
383	delivery agreements regarding the following: education; sanitary
384	sewer; public safety; solid waste; drainage; potable water;
385	parks and recreation; and transportation facilities.
386	b.  Identifies any deficits or duplication in the provision
387	of services within its jurisdiction, whether capital or
388	operational. Upon request, the Department of Community Affairs
389	shall provide technical assistance to the local governments in
390	identifying deficits or duplication.
391	7.  Within 6 months after submission of the report, the
392	Department of Community Affairs shall, through the appropriate
393	regional planning council, coordinate a meeting of all local
394	governments within the regional planning area to discuss the
395	reports and potential strategies to remedy any identified
396	deficiencies or duplications.
397	8.  Each local government shall update its
398	intergovernmental coordination element based upon the findings
399	in the report submitted pursuant to subparagraph 6. The report
400	may be used as supporting data and analysis for the
401	intergovernmental coordination element.
402	9.  By February 1, 2003, representatives of municipalities,
403	counties, and special districts shall provide to the Legislature
404	recommended statutory changes for annexation, including any
405	changes that address the delivery of local government services
406	in areas planned for annexation.
407	(11)
408	(d)1.  The department, in cooperation with the Department
409	of Agriculture and Consumer Services, the Department of
410	Environmental Protection, water management districts, and
411	regional planning councils, shall provide assistance to local
412	governments in the implementation of this paragraph and rule 9J-
413	5.006(5)(l), Florida Administrative Code. Implementation of
414	those provisions shall include a process by which the department
415	may authorize local governments to designate all or portions of
416	lands classified in the future land use element as predominantly
417	agricultural, rural, open, open-rural, or a substantively
418	equivalent land use, as a rural land stewardship area within
419	which planning and economic incentives are applied to encourage
420	the implementation of innovative and flexible planning and
421	development strategies and creative land use planning
422	techniques, including those contained herein and in rule 9J-
423	5.006(5)(l), Florida Administrative Code. Assistance may
424	include, but is not limited to:
425	a.  Assistance from the Department of Environmental
426	Protection and water management districts in creating the
427	geographic information systems land cover database and aerial
428	photogrammetry needed to prepare for a rural land stewardship
429	area;
430	b.  Support for local government implementation of rural
431	land stewardship concepts by providing information and
432	assistance to local governments regarding land acquisition
433	programs that may be used by the local government or landowners
434	to leverage the protection of greater acreage and maximize the
435	effectiveness of rural land stewardship areas; and
436	c.  Expansion of the role of the Department of Community
437	Affairs as a resource agency to facilitate establishment of
438	rural land stewardship areas in smaller rural counties that do
439	not have the staff or planning budgets to create a rural land
440	stewardship area.
441	2.  The state land planning agency department shall
442	encourage participation by local governments of different sizes
443	and rural characteristics in establishing and implementing rural
444	land stewardship areas. It is the intent of the Legislature that
445	rural land stewardship areas be used to further the following
446	broad principles of rural sustainability: restoration and
447	maintenance of the economic value of rural land; control of
448	urban sprawl; identification and protection of ecosystems,
449	habitats, and natural resources; promotion of rural economic
450	activity; maintenance of the viability of Florida's agricultural
451	economy; and protection of the character of rural areas of
452	Florida. Rural land stewardship areas may be multicounty in
453	order to encourage coordinated regional stewardship planning.
454	3.  A local government, in conjunction with a regional
455	planning council, a stakeholder organization of private land
456	owners, or another local government, shall notify the department
457	in writing of its intent to designate a rural land stewardship
458	area. The written notification shall describe the basis for the
459	designation, including the extent to which the rural land
460	stewardship area enhances rural land values, controls urban
461	sprawl, provides necessary open space for agriculture and
462	protection of the natural environment, promotes rural economic
463	activity, and maintains rural character and the economic
464	viability of agriculture.
465	4.  A rural land stewardship area shall be not less than
466	10,000 acres and shall be located outside of municipalities and
467	established urban growth boundaries, and shall be designated by
468	plan amendment. The plan amendment designating a rural land
469	stewardship area shall be subject to review by the Department of
470	Community Affairs pursuant to s. 163.3184 and shall provide for
471	the following:
472	a.  Criteria for the designation of receiving areas within
473	rural land stewardship areas in which innovative planning and
474	development strategies may be applied. Criteria shall at a
475	minimum provide for the following: adequacy of suitable land to
476	accommodate development so as to avoid conflict with
477	environmentally sensitive areas, resources, and habitats;
478	compatibility between and transition from higher density uses to
479	lower intensity rural uses; the establishment of receiving area
480	service boundaries which provide for a separation between
481	receiving areas and other land uses within the rural land
482	stewardship area through limitations on the extension of
483	services; and connection of receiving areas with the rest of the
484	rural land stewardship area using rural design and rural road
485	corridors.
486	b.  Goals, objectives, and policies setting forth the
487	innovative planning and development strategies to be applied
488	within rural land stewardship areas pursuant to the provisions
489	of this section.
490	c.  A process for the implementation of innovative planning
491	and development strategies within the rural land stewardship
492	area, including those described in this subsection and rule 9J-
493	5.006(5)(l), Florida Administrative Code, which provide for a
494	functional mix of land uses and which are applied through the
495	adoption by the local government of zoning and land development
496	regulations applicable to the rural land stewardship area.
497	d.  A process which encourages visioning pursuant to s.
498	163.3167(11) to ensure that innovative planning and development
499	strategies comply with the provisions of this section.
500	e.  The control of sprawl through the use of innovative
501	strategies and creative land use techniques consistent with the
502	provisions of this subsection and rule 9J-5.006(5)(l), Florida
503	Administrative Code.
504	5.  A receiving area shall be designated by the adoption of
505	a land development regulation. Prior to the designation of a
506	receiving area, the local government shall provide the
507	Department of Community Affairs a period of 30 days in which to
508	review a proposed receiving area for consistency with the rural
509	land stewardship area plan amendment and to provide comments to
510	the local government.
511	6.  Upon the adoption of a plan amendment creating a rural
512	land stewardship area, the local government shall, by ordinance,
513	establish the methodology for the creation, conveyance, and use
514	of transferable rural land use credits, otherwise referred to as
515	stewardship credits, the application of assign to the area a
516	certain number of credits, to be known as "transferable rural
517	land use credits," which shall not constitute a right to develop
518	land, nor increase density of land, except as provided by this
519	section. The total amount of transferable rural land use credits
520	within assigned to the rural land stewardship area must enable
521	the realization of the long-term vision and goals for correspond
522	to the 25-year or greater projected population of the rural land
523	stewardship area. Transferable rural land use credits are
524	subject to the following limitations:
525	a.  Transferable rural land use credits may only exist
526	within a rural land stewardship area.
527	b.  Transferable rural land use credits may only be used on
528	lands designated as receiving areas and then solely for the
529	purpose of implementing innovative planning and development
530	strategies and creative land use planning techniques adopted by
531	the local government pursuant to this section.
532	c.  Transferable rural land use credits assigned to a
533	parcel of land within a rural land stewardship area shall cease
534	to exist if the parcel of land is removed from the rural land
535	stewardship area by plan amendment.
536	d.  Neither the creation of the rural land stewardship area
537	by plan amendment nor the assignment of transferable rural land
538	use credits by the local government shall operate to displace
539	the underlying density of land uses assigned to a parcel of land
540	within the rural land stewardship area; however, if transferable
541	rural land use credits are transferred from a parcel for use
542	within a designated receiving area, the underlying density
543	assigned to the parcel of land shall cease to exist.
544	e.  The underlying density on each parcel of land located
545	within a rural land stewardship area shall not be increased or
546	decreased by the local government, except as a result of the
547	conveyance or use of transferable rural land use credits, as
548	long as the parcel remains within the rural land stewardship
549	area.
550	f.  Transferable rural land use credits shall cease to
551	exist on a parcel of land where the underlying density assigned
552	to the parcel of land is utilized.
553	g.  An increase in the density of use on a parcel of land
554	located within a designated receiving area may occur only
555	through the assignment or use of transferable rural land use
556	credits and shall not require a plan amendment.
557	h.  A change in the density of land use on parcels located
558	within receiving areas shall be specified in a development order
559	which reflects the total number of transferable rural land use
560	credits assigned to the parcel of land and the infrastructure
561	and support services necessary to provide for a functional mix
562	of land uses corresponding to the plan of development.
563	i.  Land within a rural land stewardship area may be
564	removed from the rural land stewardship area through a plan
565	amendment.
566	j.  Transferable rural land use credits may be assigned at
567	different ratios of credits per acre according to the natural
568	resource or other beneficial use characteristics of the land and
569	according to the land use remaining following the transfer of
570	credits, with the highest number of credits per acre assigned to
571	the most environmentally valuable land, or in locations where
572	the retention of and a lesser number of credits to be assigned
573	to open space and agricultural land is a priority, to such
574	lands.
575	k.  The use or conveyance of transferable rural land use
576	credits must be recorded in the public records of the county in
577	which the property is located as a covenant or restrictive
578	easement running with the land in favor of the county and either
579	the Department of Environmental Protection, Department of
580	Agriculture and Consumer Services, a water management district,
581	or a recognized statewide land trust.
582	7.  Owners of land within rural land stewardship areas
583	should be provided incentives to enter into rural land
584	stewardship agreements, pursuant to existing law and rules
585	adopted thereto, with state agencies, water management
586	districts, and local governments to achieve mutually agreed upon
587	conservation objectives. Such incentives may include, but not be
588	limited to, the following:
589	a.  Opportunity to accumulate transferable mitigation
590	credits.
591	b.  Extended permit agreements.
592	c.  Opportunities for recreational leases and ecotourism.
593	d.  Payment for specified land management services on
594	publicly owned land, or property under covenant or restricted
595	easement in favor of a public entity.
596	e.  Option agreements for sale to public entities or
597	private land conservation entities, in either fee or easement,
598	upon achievement of conservation objectives.
599	8.  The department shall report to the Legislature on an
600	annual basis on the results of implementation of rural land
601	stewardship areas authorized by the department, including
602	successes and failures in achieving the intent of the
603	Legislature as expressed in this paragraph.
604	9.  In recognition of the benefits of conceptual long-range
605	planning, restoration and maintenance of the economic value of
606	rural land; control of urban sprawl; identification and
607	protection of ecosystems, habitats, and natural resources;
608	promotion of rural economic activity; maintenance of the
609	viability of the agricultural economy of this state; and
610	protection of the character of rural areas of this state that
611	will result from a rural land stewardship area, and to further
612	encourage the innovative planning and development strategies in
613	a rural land stewardship area, development within a rural land
614	stewardship area is exempt from the requirements of s. 380.06.
615	(12)  A public school facilities element adopted to
616	implement a school concurrency program shall meet the
617	requirements of this subsection.
618	(a)  Each county and each municipality within the county
619	must adopt a consistent public school facilities element and
620	enter an interlocal agreement pursuant to s. 163.31777. The
621	state land planning agency may provide a waiver to a county and
622	to the municipalities within the county if the utilization rate
623	for all schools within the district is less than 100 percent and
624	the projected 5-year capital outlay full-time equivalent student
625	growth rate is less than 10 percent. At its discretion, the
626	state land planning agency may grant a waiver to a county or
627	municipality for a single school to exceed the 100 percent
628	limitation if it can be demonstrated that the capacity for that
629	single school is not greater than 105 percent. A municipality in
630	a nonexempt county is exempt if the municipality meets all of
631	the following criteria for having no significant impact on
632	school attendance:
633	1.  The municipality has issued development orders for
634	fewer than 50 residential dwelling units during the preceding 5
635	years or the municipality has generated fewer than 25 additional
636	public school students during the preceding 5 years.
637	2.  The municipality has not annexed new land during the
638	preceding 5 years in land use categories that permit residential
639	uses that will affect school attendance rates.
640	3.  The municipality has no public schools located within
641	its boundaries.
642	4.  At least 80 percent of the developable land within the
643	boundaries of the municipality has been developed.
644	(b)(a)  A public school facilities element shall be based
645	upon data and analyses that address, among other items, how
646	level-of-service standards will be achieved and maintained. Such
647	data and analyses must include, at a minimum, such items as: the
648	interlocal agreement adopted pursuant to s. 163.31777 and the 5-
649	year school district facilities work program adopted pursuant to
650	s. 1013.35; the educational plant survey prepared pursuant to s.
651	1013.31 and an existing educational and ancillary plant map or
652	map series; information on existing development and development
653	anticipated for the next 5 years and the long-term planning
654	period; an analysis of problems and opportunities for existing
655	schools and schools anticipated in the future; an analysis of
656	opportunities to collocate future schools with other public
657	facilities such as parks, libraries, and community centers; an
658	analysis of the need for supporting public facilities for
659	existing and future schools; an analysis of opportunities to
660	locate schools to serve as community focal points; projected
661	future population and associated demographics, including
662	development patterns year by year for the upcoming 5-year and
663	long-term planning periods; and anticipated educational and
664	ancillary plants with land area requirements.
665	(c)(b)  The element shall contain one or more goals which
666	establish the long-term end toward which public school programs
667	and activities are ultimately directed.
668	(d)(c)  The element shall contain one or more objectives
669	for each goal, setting specific, measurable, intermediate ends
670	that are achievable and mark progress toward the goal.
671	(e)(d)  The element shall contain one or more policies for
672	each objective which establish the way in which programs and
673	activities will be conducted to achieve an identified goal.
674	(f)(e)  The objectives and policies shall address items
675	such as:
676	1.  The procedure for an annual update process;
677	2.  The procedure for school site selection;
678	3.  The procedure for school permitting;
679	4.  Provision of supporting infrastructure necessary to
680	support proposed schools, including potable water, wastewater,
681	drainage, solid waste, transportation, and means by which to
682	ensure safe access to schools, including sidewalks, bicycle
683	paths, turn lanes, and signalization;
684	5.  Provision of colocation of other public facilities,
685	such as parks, libraries, and community centers, in proximity to
686	public schools;
687	6.  Provision of location of schools proximate to
688	residential areas and to complement patterns of development,
689	including the location of future school sites so they serve as
690	community focal points;
691	7.  Measures to ensure compatibility of school sites and
692	surrounding land uses;
693	8.  Coordination with adjacent local governments and the
694	school district on emergency preparedness issues, including the
695	use of public schools to serve as emergency shelters; and
696	9.  Coordination with the future land use element.
697	(g)(f)  The element shall include one or more future
698	conditions maps which depict the anticipated location of
699	educational and ancillary plants, including the general location
700	of improvements to existing schools or new schools anticipated
701	over the 5-year or long-term planning period. The maps will of
702	necessity be general for the long-term planning period and more
703	specific for the 5-year period. Maps indicating general
704	locations of future schools or school improvements may not
705	prescribe a land use on a particular parcel of land.
706	(h)  The state land planning agency shall establish phased
707	schedules for adoption of the public school facilities element
708	and the required updates to the public schools interlocal
709	agreement pursuant to s. 163.31777. The schedule for the updated
710	public schools interlocal agreement shall provide for each
711	county and municipality within the county to submit the
712	agreement no later than December 1, 2006. The schedule for the
713	public schools facilities element must provide for each county
714	and municipality to submit the adopted element to the state land
715	planning agency by December 1, 2008. The state land planning
716	agency may grant a 1-year extension for the adoption of the
717	element if a request is justified by good and sufficient cause
718	as determined by the agency. The state land planning agency
719	shall set the same date for all governmental entities within a
720	school district. However, if the county where the school
721	district is located contains more than 20 municipalities, the
722	state land planning agency may establish staggered due dates for
723	the submission of interlocal agreements by these municipalities.
724	Plan amendments to adopt a public school facilities element are
725	exempt from the provisions of s. 163.3187(1).
726	(i)  Failure to timely adopt updating amendments to the
727	comprehensive plan that are necessary to implement school
728	concurrency prior to December 1, 2008, unless a one-year
729	extension has been granted, shall result in a local government
730	being prohibited from adopting amendments to the comprehensive
731	plan that increase residential density until the necessary
732	amendments have been adopted and the adopted amendments have
733	been transmitted to the state land planning agency.
734	(j)  The state land planning agency may issue the school
735	board a notice to show cause why sanctions should not be
736	enforced for failure to enter into an approved interlocal
737	agreement as required by s. 163.31777 or for failure to
738	implement the provisions of this act relating to public school
739	concurrency. The school board may be subject to sanctions
740	imposed by the Administration Commission directing the
741	Department of Education to withhold from the district school
742	board an equivalent amount of funds for school construction
743	available to s. 1013.65, 1013.68, 1013.70, and 1013.72.
744	(13)  Local governments are encouraged to develop a
745	community vision that provides for sustainable growth,
746	recognizes the local government's fiscal constraints, and
747	protects the local government's natural resources pursuant to s.
748	163.167(11). At the request of a local government, the
749	applicable regional planning council shall provide assistance in
750	the development of a community vision.
751	Section 5.  Section 163.31777, Florida Statutes, is amended
752	to read:
753	163.31777  Public schools interlocal agreement.--
754	(1)(a)  The school board, county, and nonexempt
755	municipalities located within the geographic area of a school
756	district shall enter into an interlocal agreement with the
757	district school board which jointly establishes the specific
758	ways in which the plans and processes of the district school
759	board and the local governments are to be coordinated. The
760	interlocal agreements shall be submitted to the state land
761	planning agency and the Office of Educational Facilities and the
762	SMART Schools Clearinghouse in accordance with a schedule
763	published by the state land planning agency.
764	(b)  The schedule must establish staggered due dates for
765	submission of interlocal agreements that are executed by both
766	the local government and the district school board, commencing
767	on March 1, 2003, and concluding by December 1, 2004, and must
768	set the same date for all governmental entities within a school
769	district. However, if the county where the school district is
770	located contains more than 20 municipalities, the state land
771	planning agency may establish staggered due dates for the
772	submission of interlocal agreements by these municipalities. The
773	schedule must begin with those areas where both the number of
774	districtwide capital-outlay full-time-equivalent students equals
775	80 percent or more of the current year's school capacity and the
776	projected 5-year student growth is 1,000 or greater, or where
777	the projected 5-year student growth rate is 10 percent or
778	greater.
779	(b)(c)  If the student population has declined over the 5-
780	year period preceding the due date for submittal of an
781	interlocal agreement by the local government and the district
782	school board, the local government and the district school board
783	may petition the state land planning agency for a waiver of one
784	or more requirements of subsection (2). The waiver must be
785	granted if the procedures called for in subsection (2) are
786	unnecessary because of the school district's declining school
787	age population, considering the district's 5-year facilities
788	work program prepared pursuant to s. 1013.35. The state land
789	planning agency may modify or revoke the waiver upon a finding
790	that the conditions upon which the waiver was granted no longer
791	exist. The district school board and local governments must
792	submit an interlocal agreement within 1 year after notification
793	by the state land planning agency that the conditions for a
794	waiver no longer exist.
795	(c)(d)  Interlocal agreements between local governments and
796	district school boards adopted pursuant to s. 163.3177 before
797	the effective date of this section must be updated and executed
798	pursuant to the requirements of this section, if necessary.
799	Amendments to interlocal agreements adopted pursuant to this
800	section must be submitted to the state land planning agency
801	within 30 days after execution by the parties for review
802	consistent with this section. Local governments and the district
803	school board in each school district are encouraged to adopt a
804	single updated interlocal agreement to which all join as
805	parties. The state land planning agency shall assemble and make
806	available model interlocal agreements meeting the requirements
807	of this section and notify local governments and, jointly with
808	the Department of Education, the district school boards of the
809	requirements of this section, the dates for compliance, and the
810	sanctions for noncompliance. The state land planning agency
811	shall be available to informally review proposed interlocal
812	agreements. If the state land planning agency has not received a
813	proposed interlocal agreement for informal review, the state
814	land planning agency shall, at least 60 days before the deadline
815	for submission of the executed agreement, renotify the local
816	government and the district school board of the upcoming
817	deadline and the potential for sanctions.
818	(2)  At a minimum, The interlocal agreement shall
819	acknowledge the school board's constitutional and statutory
820	obligations to provide a uniform system of free public schools
821	on a countywide basis and the land use authority of local
822	governments, including their authority to approve or deny
823	comprehensive plan amendments and development orders. The
824	interlocal agreement must address the following issues:
825	(a)  Establish the mechanisms for coordinating the
826	development, adoption, and amendment of each local government's
827	public school facilities element with each other and the plans
828	of the school board to ensure a uniform districtwide school
829	concurrency system.
830	(b)  Establish a process for the development of siting
831	criteria which encourages the location of public schools
832	proximate to urban residential areas to the extent possible and
833	seeks to collocate schools with other public facilities such as
834	parks, libraries, and community centers to the extent possible.
835	(c)  Specify uniform, districtwide level-of-service
836	standards for public schools of the same type and the process
837	for modifying the adopted levels-of-service standards.
838	(d)  A process for establishing a financially feasible
839	public school capital facilities program and a process and
840	schedule for incorporation of the public school capital
841	facilities program into the local government comprehensive plans
842	on an annual basis.
843	(e)  If school concurrency is to be applied on a less than
844	districtwide basis in the form of concurrency service areas, the
845	agreement shall establish criteria and standards for the
846	establishment and modification of school concurrency service
847	areas. The agreement shall also establish a process and schedule
848	for the mandatory incorporation of the school concurrency
849	service areas and the criteria and standards for establishment
850	of the service areas into the local government comprehensive
851	plans. The agreement shall ensure maximum utilization of school
852	capacity, taking into account transportation costs and court-
853	approved desegregation plans, as well as other applicable
854	factors.
855	(f)  Establish a uniform districtwide procedure for
856	implementing school concurrency which provides for:
857	1.  The evaluation of development applications for
858	compliance with school concurrency requirements, including
859	information provided by the school board on affected schools.
860	2.  The monitoring and evaluation of the school concurrency
861	system.
862	(g)  A process and uniform methodology for determining
863	proportionate-share mitigation pursuant to s. 380.06.
864	(h)(a)  A process by which each local government and the
865	district school board agree and base their plans on consistent
866	projections of the amount, type, and distribution of population
867	growth and student enrollment. The geographic distribution of
868	jurisdiction-wide growth forecasts is a major objective of the
869	process.
870	(i)(b)  A process to coordinate and share information
871	relating to existing and planned public school facilities,
872	including school renovations and closures, and local government
873	plans for development and redevelopment.
874	(j)(c)  Participation by affected local governments with
875	the district school board in the process of evaluating potential
876	school closures, significant renovations to existing schools,
877	and new school site selection before land acquisition. Local
878	governments shall advise the district school board as to the
879	consistency of the proposed closure, renovation, or new site
880	with the local comprehensive plan, including appropriate
881	circumstances and criteria under which a district school board
882	may request an amendment to the comprehensive plan for school
883	siting.
884	(k)(d)  A process for determining the need for and timing
885	of onsite and offsite improvements to support new, proposed
886	expansion, or redevelopment of existing schools. The process
887	must address identification of the party or parties responsible
888	for the improvements.
889	(e)  A process for the school board to inform the local
890	government regarding school capacity. The capacity reporting
891	must be consistent with laws and rules relating to measurement
892	of school facility capacity and must also identify how the
893	district school board will meet the public school demand based
894	on the facilities work program adopted pursuant to s. 1013.35.
895	(l)(f)  Participation of the local governments in the
896	preparation of the annual update to the district school board's
897	5-year district facilities work program and educational plant
898	survey prepared pursuant to s. 1013.35.
899	(m)(g)  A process for determining where and how joint use
900	of either school board or local government facilities can be
901	shared for mutual benefit and efficiency.
902	(n)(h)  A procedure for the resolution of disputes between
903	the district school board and local governments, which may
904	include the dispute resolution processes contained in chapters
905	164 and 186.
906	(o)(i)  An oversight process, including an opportunity for
907	public participation, for the implementation of the interlocal
908	agreement.
909	(p)  A process for development of a public school
910	facilities element pursuant to 163.3177(12).
911	(q)  Provisions for siting and modification or enhancements
912	to existing school facilities so as to encourage urban infill
913	and redevelopment.
914	(r)  A process for the use and conversion of historic
915	school facilities that are no longer suitable for educational
916	purposes as determined by the district school board.
917	(s)  A process for informing the local government regarding
918	the effect of comprehensive plan amendments and rezonings on
919	school capacity. The capacity reporting must be consistent with
920	laws and rules relating to measurement of school facility
921	capacity and must also identify how the district school board
922	will meet the public school demand based on the facilities work
923	program adopted pursuant to s. 1013.35.
924	(t)  A process to ensure an opportunity for the school
925	board to review and comment on the effect of comprehensive plan
926	amendments and rezonings on the public school facilities plan.
927
928	For those local governments that receive a waiver pursuant to s.
929	163.3177(2)(a), the interlocal agreement shall not include the
930	issues provided for in paragraphs (a), (c), (d), (e), (f), (g),
931	and (p). For counties or municipalities that do not have a
932	public schools interlocal agreement or public school facility
933	element, the assessment shall determine whether the local
934	government continues to meet the criteria of s. 163.3177(12). If
935	the county or municipality determines that it no longer meets
936	the criteria, the county or municipality must adopt appropriate
937	school concurrency goals, objectives, and policies in its plan
938	amendments pursuant to the requirements of the public school
939	facility element and enter into the existing interlocal
940	agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
941	order to fully participate in the school concurrency system. A
942	signatory to the interlocal agreement may elect not to include a
943	provision meeting the requirements of paragraph (e); however,
944	such a decision may be made only after a public hearing on such
945	election, which may include the public hearing in which a
946	district school board or a local government adopts the
947	interlocal agreement. An interlocal agreement entered into
948	pursuant to this section must be consistent with the adopted
949	comprehensive plan and land development regulations of any local
950	government that is a signatory.
951	(3)(a)  The updated interlocal agreement, adopted pursuant
952	to the schedule adopted in accordance with s. 163.3177(12)(h),
953	and any subsequent amendments must be submitted to the state
954	land planning agency and the Office of Educational Facilities
955	within 30 days after execution by the parties for review
956	consistent with this section. The office and SMART Schools
957	Clearinghouse shall submit any comments or concerns regarding
958	the executed interlocal agreement or amendments to the state
959	land planning agency within 30 days after receipt of the
960	executed interlocal agreement or amendments. The state land
961	planning agency shall review the updated executed interlocal
962	agreement to determine whether it is consistent with the
963	requirements of subsection (2), the adopted local government
964	comprehensive plan, and other requirements of law. Within 60
965	days after receipt of an updated executed interlocal agreement
966	or amendment, the state land planning agency shall publish a
967	notice on the agency's Internet website that states of intent in
968	the Florida Administrative Weekly and shall post a copy of the
969	notice on the agency's Internet site. The notice of intent must
970	state whether the interlocal agreement is consistent or
971	inconsistent with the requirements of subsection (2) and this
972	subsection, as appropriate.
973	(b)  The state land planning agency's notice is subject to
974	challenge under chapter 120; however, an affected person, as
975	defined in s. 163.3184(1)(a), has standing to initiate the
976	administrative proceeding, and this proceeding is the sole means
977	available to challenge the consistency of an interlocal
978	agreement required by this section with the criteria contained
979	in subsection (2) and this subsection. In order to have
980	standing, each person must have submitted oral or written
981	comments, recommendations, or objections to the local government
982	or the school board before the adoption of the interlocal
983	agreement by the school board and local government. The district
984	school board and local governments are parties to any such
985	proceeding. In this proceeding, when the state land planning
986	agency finds the interlocal agreement to be consistent with the
987	criteria in subsection (2) and this subsection, the interlocal
988	agreement shall be determined to be consistent with subsection
989	(2) and this subsection if the local government's and school
990	board's determination of consistency is fairly debatable. When
991	the state planning agency finds the interlocal agreement to be
992	inconsistent with the requirements of subsection (2) and this
993	subsection, the local government's and school board's
994	determination of consistency shall be sustained unless it is
995	shown by a preponderance of the evidence that the interlocal
996	agreement is inconsistent.
997	(c)  If the state land planning agency enters a final order
998	that finds that the interlocal agreement is inconsistent with
999	the requirements of subsection (2) or this subsection, it shall
1000	forward it to the Administration Commission, which may impose
1001	sanctions against the local government pursuant to s.
1002	163.3184(11) and may impose sanctions against the district
1003	school board by directing the Department of Education to
1004	withhold from the district school board an equivalent amount of
1005	funds for school construction available pursuant to ss. 1013.65,
1006	1013.68, 1013.70, and 1013.72.
1007	(4)  If an updated executed interlocal agreement is not
1008	timely submitted to the state land planning agency for review,
1009	the state land planning agency shall, within 15 working days
1010	after the deadline for submittal, issue to the local government
1011	and the district school board a Notice to Show Cause why
1012	sanctions should not be imposed for failure to submit an
1013	executed interlocal agreement by the deadline established by the
1014	agency. The agency shall forward the notice and the responses to
1015	the Administration Commission, which may enter a final order
1016	citing the failure to comply and imposing sanctions against the
1017	local government and district school board by directing the
1018	appropriate agencies to withhold at least 5 percent of state
1019	funds pursuant to s. 163.3184(11) and by directing the
1020	Department of Education to withhold from the district school
1021	board at least 5 percent of funds for school construction
1022	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
1023	1013.72.
1024	(5)  Any local government transmitting a public school
1025	element to implement school concurrency pursuant to the
1026	requirements of s. 163.3180 before July 1, 2005 the effective
1027	date of this section is not required to amend the element or any
1028	interlocal agreement to conform with the provisions of this
1029	section if the element is adopted prior to or within 1 year
1030	after the effective date of this section and remains in effect.
1031	(6)  Except as provided in subsection (7), municipalities
1032	meeting the exemption criteria in s. 163.3177(12) having no
1033	established need for a new school facility and meeting the
1034	following criteria are exempt from the requirements of
1035	subsections (1), (2), and (3).:
1036	(a)  The municipality has no public schools located within
1037	its boundaries.
1038	(b)  The district school board's 5-year facilities work
1039	program and the long-term 10-year and 20-year work programs, as
1040	provided in s. 1013.35, demonstrate that no new school facility
1041	is needed in the municipality. In addition, the district school
1042	board must verify in writing that no new school facility will be
1043	needed in the municipality within the 5-year and 10-year
1044	timeframes.
1045	(7)  At the time of the evaluation and appraisal report,
1046	each exempt municipality shall assess the extent to which it
1047	continues to meet the criteria for exemption under s.
1048	163.3177(12) subsection (6). If the municipality continues to
1049	meet these criteria and the district school board verifies in
1050	writing that no new school facilities will be needed within the
1051	5-year and 10-year timeframes, the municipality shall continue
1052	to be exempt from the interlocal-agreement requirement. Each
1053	municipality exempt under s. 163.3177(12) subsection (6) must
1054	comply with the provisions of this section within 1 year after
1055	the district school board proposes, in its 5-year district
1056	facilities work program, a new school within the municipality's
1057	jurisdiction.
1058	Section 6.  Paragraph (a) of subsection (1), paragraphs (a)
1059	and (c) of subsection (2), paragraph (c) of subsection (4),
1060	subsections (5), (6), (7), (9), (10), and (13), and paragraph
1061	(a) of subsection (15) of section 163.3180, Florida Statutes,
1062	are amended, and subsections (16) and (17) are added to said
1063	section, to read:
1064	163.3180  Concurrency.--
1065	(1)(a)  Sanitary sewer, solid waste, drainage, potable
1066	water, parks and recreation, schools, and transportation
1067	facilities, including mass transit, where applicable, are the
1068	only public facilities and services subject to the concurrency
1069	requirement on a statewide basis. Additional public facilities
1070	and services may not be made subject to concurrency on a
1071	statewide basis without appropriate study and approval by the
1072	Legislature; however, any local government may extend the
1073	concurrency requirement so that it applies to additional public
1074	facilities within its jurisdiction.
1075	(2)(a)  Consistent with public health and safety, sanitary
1076	sewer, solid waste, drainage, adequate water supplies, and
1077	potable water facilities shall be in place and available to
1078	serve new development no later than the issuance by the local
1079	government of a certificate of occupancy or its functional
1080	equivalent.
1081	(c)  Consistent with the public welfare, and except as
1082	otherwise provided in this section, transportation facilities
1083	designated as part of the Florida Intrastate Highway System
1084	needed to serve new development shall be in place or under
1085	actual construction within 3 not more than 5 years after
1086	issuance by the local government of a building permit
1087	certificate of occupancy or its functional equivalent for
1088	construction of a facility that results in actual traffic
1089	generation. This provision shall not apply to developments of
1090	regional impact for which a development order has been issued or
1091	for which a development of regional impact application has been
1092	found sufficient prior to the effective date of this act. Other
1093	transportation facilities needed to serve new development shall
1094	be in place or under actual construction no more than 3 years
1095	after issuance by the local government of a certificate of
1096	occupancy or its functional equivalent.
1097	(4)
1098	(c)  The concurrency requirement, except as it relates to
1099	transportation and public school facilities, as implemented in
1100	local government comprehensive plans, may be waived by a local
1101	government for urban infill and redevelopment areas designated
1102	pursuant to s. 163.2517 if such a waiver does not endanger
1103	public health or safety as defined by the local government in
1104	its local government comprehensive plan. The waiver shall be
1105	adopted as a plan amendment pursuant to the process set forth in
1106	s. 163.3187(3)(a). A local government may grant a concurrency
1107	exception pursuant to subsection (5) for transportation
1108	facilities located within these urban infill and redevelopment
1109	areas. Within designated urban infill and redevelopment areas,
1110	the local government and Department of Transportation shall
1111	cooperatively establish a plan for maintaining the adopted
1112	level-of-service standards established by the Department of
1113	Transportation for Strategic Intermodal System facilities, as
1114	defined in s. 339.64.
1115	(5)(a)  The Legislature finds that under limited
1116	circumstances dealing with transportation facilities,
1117	countervailing planning and public policy goals may come into
1118	conflict with the requirement that adequate public facilities
1119	and services be available concurrent with the impacts of such
1120	development. The Legislature further finds that often the
1121	unintended result of the concurrency requirement for
1122	transportation facilities is the discouragement of urban infill
1123	development and redevelopment. Such unintended results directly
1124	conflict with the goals and policies of the state comprehensive
1125	plan and the intent of this part. Therefore, exceptions from the
1126	concurrency requirement for transportation facilities may be
1127	granted as provided by this subsection.
1128	(b)  A local government may grant an exception from the
1129	concurrency requirement for transportation facilities if the
1130	proposed development is otherwise consistent with the adopted
1131	local government comprehensive plan and is a project that
1132	promotes public transportation or is located within an area
1133	designated in the comprehensive plan for:
1134	1.  Urban infill development,
1135	2.  Urban redevelopment,
1136	3.  Downtown revitalization, or
1137	4.  Urban infill and redevelopment under s. 163.2517.
1138	(c)  The Legislature also finds that developments located
1139	within urban infill, urban redevelopment, existing urban
1140	service, or downtown revitalization areas or areas designated as
1141	urban infill and redevelopment areas under s. 163.2517 which
1142	pose only special part-time demands on the transportation system
1143	should be excepted from the concurrency requirement for
1144	transportation facilities. A special part-time demand is one
1145	that does not have more than 200 scheduled events during any
1146	calendar year and does not affect the 100 highest traffic volume
1147	hours.
1148	(d)  A local government shall establish guidelines for
1149	granting the exceptions authorized in paragraphs (b) and (c) in
1150	the comprehensive plan. These guidelines must include
1151	consideration of the Strategic Intermodal System impacts on the
1152	Florida Intrastate Highway System, as defined in s. 338.001. The
1153	exceptions may be available only within the specific geographic
1154	area of the jurisdiction designated in the plan. Pursuant to s.
1155	163.3184, any affected person may challenge a plan amendment
1156	establishing these guidelines and the areas within which an
1157	exception could be granted. Prior to the designation of a
1158	concurrency management area, the Department of Transportation
1159	shall be consulted by the local government to assess the impact
1160	that the proposed concurrency management area is expected to
1161	have on the adopted level-of-service standards established for
1162	Strategic Intermodal System facilities, as defined in s. 339.64.
1163	Within designated urban infill and redevelopment areas, the
1164	local government and Department of Transportation shall
1165	cooperatively establish a plan for maintaining the adopted
1166	level-of-service standards established by the Department of
1167	Transportation for Strategic Intermodal System facilities
1168	pursuant to s. 339.64.
1169	(e)  It is a high state priority that urban infill and
1170	redevelopment be promoted and provide incentives. By promoting
1171	the revitalization of existing communities of this state, a more
1172	efficient maximization of space and facilities may be achieved
1173	and urban sprawl will be discouraged. If a local government
1174	creates a long-term vision for its community that includes
1175	adequate funding and services and multimodal transportation
1176	options, the transportation facilities concurrency requirements
1177	of paragraph (2)(c) are waived for:
1178	1.a.  Urban infill development as designated in the
1179	comprehensive plan;
1180	b.  Urban redevelopment as designated in the comprehensive
1181	plan;
1182	c.  Downtown revitalization as designated in the
1183	comprehensive plan; or
1184	d.  Urban infill and redevelopment under s. 163.2517 as
1185	designated in the comprehensive plan.
1186
1187	The local government and Department of Transportation shall
1188	cooperatively establish a plan for maintaining the adopted
1189	level-of-service standards established by the Department of
1190	Transportation for Strategic Intermodal System facilities, as
1191	defined in s. 339.64.
1192	2.  Municipalities that are at least 90 percent built-out.
1193	For purposes of this exemption:
1194	a.  The term "built-out" means that 90 percent of the
1195	property within the municipality's boundaries, excluding lands
1196	that are designated as conservation, preservation, recreation,
1197	or public facilities categories, have been developed, or are the
1198	subject of an approved development order that has received a
1199	building permit and the municipality has an average density of 5
1200	units per acre for residential developments.
1201	b.  The municipality must have adopted an ordinance that
1202	provides the methodology for determining its built-out
1203	percentage, declares that transportation concurrency
1204	requirements are waived within its municipal boundary or within
1205	a designated area of the municipality, and addresses multimodal
1206	options and strategies, including alternative modes of
1207	transportation within the municipality. Prior to the adoption of
1208	the ordinance, the Department of Transportation shall be
1209	consulted by the local government to assess the impact that the
1210	waiver of the transportation concurrency requirements is
1211	expected to have on the adopted level-of-service standards
1212	established for Strategic Intermodal System facilities, as
1213	defined in s. 339.64. Further, the local government shall
1214	cooperatively establish a plan for maintaining the adopted
1215	level-of-service standards established by the department for
1216	Strategic Intermodal System facilities, as defined in s. 339.64.
1217	c.  If a municipality annexes any property, the
1218	municipality must recalculate its built-out percentage pursuant
1219	to the methodology set forth in its ordinance to verify whether
1220	the annexed property may be included within this exemption.
1221	d.  If transportation concurrency requirements are waived
1222	under this subparagraph, the municipality must adopt a
1223	comprehensive plan amendment pursuant to s. 163.3187(1)(c) which
1224	updates its transportation element to reflect the transportation
1225	concurrency requirements waiver and must submit a copy of its
1226	ordinance adopted in subparagraph b. to the state land planning
1227	agency.
1228	(6)  The Legislature finds that a de minimis impact is
1229	consistent with this part. A de minimis impact is an impact that
1230	would not affect more than 1 percent of the maximum volume at
1231	the adopted level of service of the affected transportation
1232	facility as determined by the local government. No impact will
1233	be de minimis if the sum of existing roadway volumes and the
1234	projected volumes from approved projects on a transportation
1235	facility would exceed 110 percent of the maximum volume at the
1236	adopted level of service of the affected transportation
1237	facility; provided however, that an impact of a single family
1238	home on an existing lot will constitute a de minimis impact on
1239	all roadways regardless of the level of the deficiency of the
1240	roadway. Local governments are encouraged to adopt methodologies
1241	to encourage de minimis impacts on transportation facilities
1242	within an existing urban service area. Further, no impact will
1243	be de minimis if it would exceed the adopted level-of-service
1244	standard of any affected designated hurricane evacuation routes.
1245	Each local government shall annually adjust its concurrency
1246	management system calculation of existing background traffic to
1247	reflect projects permitted under the de minimis exemption.
1248	(7)  In order to promote infill development and
1249	redevelopment, one or more transportation concurrency management
1250	areas may be designated in a local government comprehensive
1251	plan. A transportation concurrency management area must be a
1252	compact geographic area with an existing network of roads where
1253	multiple, viable alternative travel paths or modes are available
1254	for common trips. A local government may establish an areawide
1255	level-of-service standard for such a transportation concurrency
1256	management area based upon an analysis that provides for a
1257	justification for the areawide level of service, how urban
1258	infill development or redevelopment will be promoted, and how
1259	mobility will be accomplished within the transportation
1260	concurrency management area. The state land planning agency
1261	shall amend chapter 9J-5, Florida Administrative Code, to be
1262	consistent with this subsection.
1263	(9)(a)  Each local government may adopt as a part of its
1264	plan a long-term transportation and school concurrency
1265	management systems system with a planning period of up to 10
1266	years for specially designated districts or areas where
1267	significant backlogs exist. The plan may include interim level-
1268	of-service standards on certain facilities and shall may rely on
1269	the local government's schedule of capital improvements for up
1270	to 10 years as a basis for issuing development orders that
1271	authorize commencement of construction permits in these
1272	designated districts or areas. The concurrency management
1273	system. It must be designed to correct existing deficiencies and
1274	set priorities for addressing backlogged facilities. The
1275	concurrency management system It must be financially feasible
1276	and consistent with other portions of the adopted local plan,
1277	including the future land use map.
1278	(b)  If a local government has a transportation or school
1279	facility backlog for existing development which cannot be
1280	adequately addressed in a 10-year plan, the state land planning
1281	agency may allow it to develop a plan and long-term schedule of
1282	capital improvements covering of up to 15 years for good and
1283	sufficient cause, based on a general comparison between that
1284	local government and all other similarly situated local
1285	jurisdictions, using the following factors:
1286	1.  The extent of the backlog.
1287	2.  For roads, whether the backlog is on local or state
1288	roads.
1289	3.  The cost of eliminating the backlog.
1290	4.  The local government's tax and other revenue-raising
1291	efforts.
1292	(c)  The local government may issue approvals to commence
1293	construction, notwithstanding s. 163.3180, consistent with and
1294	in areas that are subject to a long-term concurrency management
1295	system.
1296	(d)  If the local government adopts a long-term concurrency
1297	management system, the government must evaluate the system
1298	periodically. At a minimum, the local government must assess its
1299	progress toward improving levels of service within the long-term
1300	concurrency management district or area in the evaluation and
1301	appraisal report and determine any changes that are necessary to
1302	accelerate progress in meeting acceptable levels of service or
1303	providing other methods of transportation.
1304	(10)  With regard to roadway facilities on the Strategic
1305	Intermodal System designated in accordance with ss. 339.61,
1306	339.62, 339.63, and 339.64 Florida Intrastate Highway System as
1307	defined in s. 338.001, with concurrence from the Department of
1308	Transportation, the level-of-service standard for general lanes
1309	in urbanized areas, as defined in s. 334.03(36), may be
1310	established by the local government in the comprehensive plan.
1311	For all other facilities on the Florida Intrastate Highway
1312	System, local governments shall adopt the level-of-service
1313	standard established by the Department of Transportation by
1314	rule. For all other roads on the State Highway System, local
1315	governments shall establish an adequate level-of-service
1316	standard that need not be consistent with any level-of-service
1317	standard established by the Department of Transportation.
1318	(13)  In accordance with the schedule adopted in accordance
1319	with s. 163.3177(12)(h), school concurrency, if imposed by local
1320	option, shall be established on a districtwide basis and shall
1321	include all public schools in the district and all portions of
1322	the district, whether located in a municipality or an
1323	unincorporated area unless exempt from the public school
1324	facilities element pursuant to s. 163.3177(12), except that this
1325	subsection shall not apply to the Florida School for the Deaf
1326	and the Blind. The development of school concurrency shall be
1327	accomplished through a coordinated process including the local
1328	school district, the county, and all nonexempt municipalities
1329	within the county and shall be reflected in the public school
1330	facilities element adopted pursuant to the schedule provided for
1331	in s. 163.3177(12)(h). The school concurrency requirement shall
1332	not be effective until the adoption of the public school
1333	facilities element. The application of school concurrency to
1334	development shall be based upon the adopted comprehensive plan,
1335	as amended. All local governments within a county, except as
1336	provided in paragraph (f), shall adopt and transmit to the state
1337	land planning agency the necessary plan amendments, along with
1338	the interlocal agreement, for a compliance review pursuant to s.
1339	163.3184(7) and (8). School concurrency shall not become
1340	effective in a county until all local governments, except as
1341	provided in paragraph (f), have adopted the necessary plan
1342	amendments, which together with the interlocal agreement, are
1343	determined to be in compliance with the requirements of this
1344	part. The minimum requirements for school concurrency are the
1345	following:
1346	(a)  Public school facilities element.--A local government
1347	shall adopt and transmit to the state land planning agency a
1348	plan or plan amendment which includes a public school facilities
1349	element which is consistent with the requirements of s.
1350	163.3177(12) and which is determined to be in compliance as
1351	defined in s. 163.3184(1)(b). All local government public school
1352	facilities plan elements within a county must be consistent with
1353	each other as well as the requirements of this part.
1354	(b)  Level-of-service standards.--The Legislature
1355	recognizes that an essential requirement for a concurrency
1356	management system is the level of service at which a public
1357	facility is expected to operate.
1358	1.  Local governments and school boards imposing school
1359	concurrency shall exercise authority in conjunction with each
1360	other to establish jointly adequate level-of-service standards,
1361	as defined in chapter 9J-5, Florida Administrative Code,
1362	necessary to implement the adopted local government
1363	comprehensive plan, based on data and analysis.
1364	2.  Public school level-of-service standards shall be
1365	included and adopted into the capital improvements element of
1366	the local comprehensive plan and shall apply districtwide to all
1367	schools of the same type. Types of schools may include charter,
1368	elementary, middle, and high schools as well as special purpose
1369	facilities such as magnet schools.
1370	3.  Local governments and school boards shall have the
1371	option to utilize tiered level-of-service standards to allow
1372	time to achieve an adequate and desirable level of service as
1373	circumstances warrant.
1374	(c)  Service areas.--The Legislature recognizes that an
1375	essential requirement for a concurrency system is a designation
1376	of the area within which the level of service will be measured
1377	when an application for a residential development permit is
1378	reviewed for school concurrency purposes. This delineation is
1379	also important for purposes of determining whether the local
1380	government has a financially feasible public school capital
1381	facilities program that will provide schools which will achieve
1382	and maintain the adopted level-of-service standards.
1383	1.  In order to balance competing interests, preserve the
1384	constitutional concept of uniformity, and avoid disruption of
1385	existing educational and growth management processes, local
1386	governments are encouraged to initially apply school concurrency
1387	to development only on a districtwide basis so that a
1388	concurrency determination for a specific development will be
1389	based upon the availability of school capacity districtwide. To
1390	ensure that development is coordinated with schools having
1391	available capacity, within 5 years after adoption of school
1392	concurrency local governments shall apply school concurrency on
1393	a less than districtwide basis, such as using school attendance
1394	zones or concurrency service areas, as provided in subparagraph
1395	2.
1396	2.  For local governments applying school concurrency on a
1397	less than districtwide basis, such as utilizing school
1398	attendance zones or larger school concurrency service areas,
1399	local governments and school boards shall have the burden to
1400	demonstrate that the utilization of school capacity is maximized
1401	to the greatest extent possible in the comprehensive plan and
1402	amendment, taking into account transportation costs and court-
1403	approved desegregation plans, as well as other factors. In
1404	addition, in order to achieve concurrency within the service
1405	area boundaries selected by local governments and school boards,
1406	the service area boundaries, together with the standards for
1407	establishing those boundaries, shall be identified and, included
1408	as supporting data and analysis for, and adopted as part of the
1409	comprehensive plan. Any subsequent change to the service area
1410	boundaries for purposes of a school concurrency system shall be
1411	by plan amendment and shall be exempt from the limitation on the
1412	frequency of plan amendments in s. 163.3187(1).
1413	3.  Where school capacity is available on a districtwide
1414	basis but school concurrency is applied on a less than
1415	districtwide basis in the form of concurrency service areas, if
1416	the adopted level-of-service standard cannot be met in a
1417	particular service area as applied to an application for a
1418	development permit through mitigation or other measures and if
1419	the needed capacity for the particular service area is available
1420	in one or more contiguous service areas, as adopted by the local
1421	government, then the development order  may not shall be denied
1422	on the basis of school concurrency, and if issued, development
1423	impacts shall be shifted to contiguous service areas with
1424	schools having available capacity and mitigation measures shall
1425	not be exacted.
1426	(d)  Financial feasibility.--The Legislature recognizes
1427	that financial feasibility is an important issue because the
1428	premise of concurrency is that the public facilities will be
1429	provided in order to achieve and maintain the adopted level-of-
1430	service standard. This part and chapter 9J-5, Florida
1431	Administrative Code, contain specific standards to determine the
1432	financial feasibility of capital programs. These standards were
1433	adopted to make concurrency more predictable and local
1434	governments more accountable.
1435	1.  A comprehensive plan amendment seeking to impose school
1436	concurrency shall contain appropriate amendments to the capital
1437	improvements element of the comprehensive plan, consistent with
1438	the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
1439	Administrative Code. The capital improvements element shall set
1440	forth a financially feasible public school capital facilities
1441	program, established in conjunction with the school board, that
1442	demonstrates that the adopted level-of-service standards will be
1443	achieved and maintained.
1444	2.  Such amendments shall demonstrate that the public
1445	school capital facilities program meets all of the financial
1446	feasibility standards of this part and chapter 9J-5, Florida
1447	Administrative Code, that apply to capital programs which
1448	provide the basis for mandatory concurrency on other public
1449	facilities and services.
1450	3.  When the financial feasibility of a public school
1451	capital facilities program is evaluated by the state land
1452	planning agency for purposes of a compliance determination, the
1453	evaluation shall be based upon the service areas selected by the
1454	local governments and school board.
1455	(e)  Availability standard.--Consistent with the public
1456	welfare, a local government may not deny an application for site
1457	plan or final subdivision approval, or a functional equivalent
1458	for a development or phase of a development, permit authorizing
1459	residential development for failure to achieve and maintain the
1460	level-of-service standard for public school capacity in a local
1461	option school concurrency management system where adequate
1462	school facilities will be in place or under actual construction
1463	within 3 years after the permit issuance by the local government
1464	of site plan or final subdivision approval or its functional
1465	equivalent. School concurrency shall be satisfied if the
1466	developer executes a legally binding commitment to provide
1467	mitigation proportionate to the demand for public school
1468	facilities to be created by actual development of the property,
1469	including, but not limited to, the options described in
1470	subparagraph 1. Approval of a funding agreement shall not be
1471	unreasonably withheld. Any dispute shall be mediated pursuant to
1472	s. 120.573. Options for proportionate-share mitigation of
1473	impacts on public school facilities shall be established in the
1474	interlocal agreement pursuant to s. 163.31777.
1475	1.  Appropriate mitigation options include the contribution
1476	of land; the construction, expansion, or payment for land
1477	acquisition or construction of a public school facility; or the
1478	creation of mitigation banking based on the construction of a
1479	public school facility in exchange for the right to sell
1480	capacity credits. Such options must include execution by the
1481	applicant and the local government of a binding development
1482	agreement that constitutes a legally binding commitment to pay
1483	proportionate-share mitigation for the additional residential
1484	units approved by the local government in a development order
1485	and actually developed on the property, taking into account
1486	residential density allowed on the property prior to the plan
1487	amendment that increased overall residential density. Mitigation
1488	for development impacts to public schools requires the
1489	concurrence of the local school board. As a condition of its
1490	entry into such a development agreement, the local government
1491	may require the landowner to agree to continuing renewal of the
1492	agreement upon its expiration.
1493	2.  If the education facilities plan and the public
1494	educational facilities element authorize a contribution of land;
1495	the construction, expansion, or payment for land acquisition; or
1496	the construction or expansion of a public school facility, or a
1497	portion of such facility, as proportionate-share mitigation, the
1498	local government shall credit such a contribution, construction,
1499	expansion, or payment toward any other impact fee or exaction
1500	imposed by local ordinance for the same need, on a dollar-for-
1501	dollar basis at fair market value.
1502	3.  Any proportionate-share mitigation must be directed by
1503	the school board toward a school capacity improvement that is
1504	identified in the financially feasible 5-year district work plan
1505	and that will be provided in accordance with a legally binding
1506	agreement.
1507	(f)  Intergovernmental coordination.--
1508	1.  When establishing concurrency requirements for public
1509	schools, a local government shall satisfy the requirements for
1510	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1511	and 2., except that a municipality is not required to be a
1512	signatory to the interlocal agreement required by ss. s.
1513	163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1514	imposition of school concurrency, and as a nonsignatory, shall
1515	not participate in the adopted local school concurrency system,
1516	if the municipality meets all of the following criteria for
1517	having no significant impact on school attendance:
1518	a.  The municipality has issued development orders for
1519	fewer than 50 residential dwelling units during the preceding 5
1520	years, or the municipality has generated fewer than 25
1521	additional public school students during the preceding 5 years.
1522	b.  The municipality has not annexed new land during the
1523	preceding 5 years in land use categories which permit
1524	residential uses that will affect school attendance rates.
1525	c.  The municipality has no public schools located within
1526	its boundaries.
1527	d.  At least 80 percent of the developable land within the
1528	boundaries of the municipality has been built upon.
1529	2.  A municipality which qualifies as having no significant
1530	impact on school attendance pursuant to the criteria of
1531	subparagraph 1. must review and determine at the time of its
1532	evaluation and appraisal report pursuant to s. 163.3191 whether
1533	it continues to meet the criteria pursuant to s. 163.31777(6).
1534	If the municipality determines that it no longer meets the
1535	criteria, it must adopt appropriate school concurrency goals,
1536	objectives, and policies in its plan amendments based on the
1537	evaluation and appraisal report, and enter into the existing
1538	interlocal agreement required by ss. s. 163.3177(6)(h)2. and
1539	163.31777, in order to fully participate in the school
1540	concurrency system. If such a municipality fails to do so, it
1541	will be subject to the enforcement provisions of s. 163.3191.
1542	(g)  Interlocal agreement for school concurrency.--When
1543	establishing concurrency requirements for public schools, a
1544	local government must enter into an interlocal agreement which
1545	satisfies the requirements in s. 163.3177(6)(h)1. and 2. and the
1546	requirements of this subsection. The interlocal agreement shall
1547	acknowledge both the school board's constitutional and statutory
1548	obligations to provide a uniform system of free public schools
1549	on a countywide basis, and the land use authority of local
1550	governments, including their authority to approve or deny
1551	comprehensive plan amendments and development orders. The
1552	interlocal agreement shall be submitted to the state land
1553	planning agency by the local government as a part of the
1554	compliance review, along with the other necessary amendments to
1555	the comprehensive plan required by this part. In addition to the
1556	requirements of s. 163.3177(6)(h), the interlocal agreement
1557	shall meet the following requirements:
1558	1.  Establish the mechanisms for coordinating the
1559	development, adoption, and amendment of each local government's
1560	public school facilities element with each other and the plans
1561	of the school board to ensure a uniform districtwide school
1562	concurrency system.
1563	2.  Establish a process by which each local government and
1564	the school board shall agree and base their plans on consistent
1565	projections of the amount, type, and distribution of population
1566	growth and coordinate and share information relating to existing
1567	and planned public school facilities projections and proposals
1568	for development and redevelopment, and infrastructure required
1569	to support public school facilities.
1570	3.  Establish a process for the development of siting
1571	criteria which encourages the location of public schools
1572	proximate to urban residential areas to the extent possible and
1573	seeks to collocate schools with other public facilities such as
1574	parks, libraries, and community centers to the extent possible.
1575	4.  Specify uniform, districtwide level-of-service
1576	standards for public schools of the same type and the process
1577	for modifying the adopted levels-of-service standards.
1578	5.  Establish a process for the preparation, amendment, and
1579	joint approval by each local government and the school board of
1580	a public school capital facilities program which is financially
1581	feasible, and a process and schedule for incorporation of the
1582	public school capital facilities program into the local
1583	government comprehensive plans on an annual basis.
1584	6.  Define the geographic application of school
1585	concurrency. If school concurrency is to be applied on a less
1586	than districtwide basis in the form of concurrency service
1587	areas, the agreement shall establish criteria and standards for
1588	the establishment and modification of school concurrency service
1589	areas. The agreement shall also establish a process and schedule
1590	for the mandatory incorporation of the school concurrency
1591	service areas and the criteria and standards for establishment
1592	of the service areas into the local government comprehensive
1593	plans. The agreement shall ensure maximum utilization of school
1594	capacity, taking into account transportation costs and court-
1595	approved desegregation plans, as well as other factors. The
1596	agreement shall also ensure the achievement and maintenance of
1597	the adopted level-of-service standards for the geographic area
1598	of application throughout the 5 years covered by the public
1599	school capital facilities plan and thereafter by adding a new
1600	fifth year during the annual update.
1601	7.  Establish a uniform districtwide procedure for
1602	implementing school concurrency which provides for:
1603	a.  The evaluation of development applications for
1604	compliance with school concurrency requirements;
1605	b.  An opportunity for the school board to review and
1606	comment on the effect of comprehensive plan amendments and
1607	rezonings on the public school facilities plan; and
1608	c.  The monitoring and evaluation of the school concurrency
1609	system.
1610	8.  Include provisions relating to termination, suspension,
1611	and amendment of the agreement. The agreement shall provide that
1612	if the agreement is terminated or suspended, the application of
1613	school concurrency shall be terminated or suspended.
1614	(15)
1615	(a)  Multimodal transportation districts may be established
1616	under a local government comprehensive plan in areas delineated
1617	on the future land use map for which the local comprehensive
1618	plan assigns secondary priority to vehicle mobility and primary
1619	priority to assuring a safe, comfortable, and attractive
1620	pedestrian environment, with convenient interconnection to
1621	transit. Such districts must incorporate community design
1622	features that will reduce the number of automobile trips or
1623	vehicle miles of travel and will support an integrated,
1624	multimodal transportation system. Prior to the designation of
1625	multimodal transportation districts, the local government shall
1626	consult with the Department of Transportation to assess the
1627	impact that the proposed multimodal district area is expected to
1628	have on the adopted level-of-service standards established for
1629	Strategic Intermodal System facilities, as defined in s. 339.64.
1630	Within designated urban infill and redevelopment areas, the
1631	local government and Department of Transportation shall
1632	cooperatively establish a plan for maintaining the adopted
1633	level-of-service standards established by the Department of
1634	Transportation for Strategic Intermodal System facilities, as
1635	defined in s. 339.64. Multimodal transportation districts
1636	existing prior to July 1, 2005, shall meet at a minimum, the
1637	provision of this section by July 1, 2006, or at the time of the
1638	comprehensive plan update pursuant to the evaluation and
1639	appraisal report, whichever occurs last.
1640	(16)(a)  It is the intent of the Legislature to provide a
1641	method by which the impacts of development on transportation
1642	facilities can be mitigated by the cooperative efforts of the
1643	public and private sectors.
1644	(b)  When authorized in a local government comprehensive
1645	plan, local governments may create mitigation banks for
1646	transportation facilities to satisfy the concurrency provisions
1647	of this section, using the process and methodology developed in
1648	accordance with s. 163.3177(6)(b). The Department of
1649	Transportation, in consultation with local governments, shall
1650	develop a process and uniform methodology for determining
1651	proportionate-share mitigation for development impacts on
1652	transportation corridors that traverse one or more political
1653	subdivisions.
1654	(c)  Mitigation contributions shall be used to satisfy the
1655	transportation concurrency requirements of this section and may
1656	be applied as a credit against impact fees. Mitigation for
1657	development impacts to facilities on the Strategic Intermodal
1658	System made pursuant to this subsection requires the concurrence
1659	of the Department of Transportation. However, this does not
1660	authorize the Department of Transportation to arbitrarily charge
1661	a fee or require additional mitigation. Concurrence by the
1662	Department of Transportation may not be withheld unduly.
1663	(d)  Transportation facilities concurrency shall be
1664	satisfied if the developer executes a legally binding commitment
1665	to provide mitigation proportionate to the demand for
1666	transportation facilities to be created by actual development of
1667	the property, including, but not limited to, the options for
1668	mitigation established in the transportation element or traffic
1669	circulation element. Approval of a funding agreement shall not
1670	be unreasonably withheld. Any dispute shall be mediated pursuant
1671	to s. 120.573. Appropriate transportation mitigation
1672	contributions may include public or private funds; the
1673	contribution of right-of-way; the construction of a
1674	transportation facility or payment for the right-of-way or
1675	construction of a transportation facility or service; or the
1676	provision of transit service. Such options shall include
1677	execution of an enforceable development agreement for projects
1678	to be funded by a developer.
1679	(17)  A development may satisfy the concurrency
1680	requirements of the local comprehensive plan, the local
1681	government's land development regulations, and s. 380.06 by
1682	entering into a legally binding commitment to provide mitigation
1683	proportionate to the direct impact of the development. A local
1684	government may not require a development to pay more than its
1685	proportionate-share contribution regardless of the method
1686	mitigation.
1687	Section 7.  Paragraph (b) of subsection (1), subsection
1688	(4), and paragraph (a) of subsection (6) of section 163.3184,
1689	Florida Statutes, are amended to read:
1690	163.3184  Process for adoption of comprehensive plan or
1691	plan amendment.--
1692	(1)  DEFINITIONS.--As used in this section, the term:
1693	(b)  "In compliance" means consistent with the requirements
1694	of s. ss. 163.3177, 163.31776, when a local government adopts an
1695	educational facilities element, 163.3178, 163.3180, 163.3191,
1696	and 163.3245, with the state comprehensive plan, with the
1697	appropriate strategic regional policy plan, and with chapter 9J-
1698	5, Florida Administrative Code, where such rule is not
1699	inconsistent with this part and with the principles for guiding
1700	development in designated areas of critical state concern and
1701	with part III of chapter 369, where applicable.
1702	(4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
1703	specified in paragraph (3)(a) shall provide comments to the
1704	state land planning agency within 30 days after receipt by the
1705	state land planning agency of the complete proposed plan
1706	amendment. If the plan or plan amendment includes or relates to
1707	the public school facilities element pursuant to s. 163.3177
1708	163.31776, the state land planning agency shall submit a copy to
1709	the Office of Educational Facilities of the Commissioner of
1710	Education for review and comment. The appropriate regional
1711	planning council shall also provide its written comments to the
1712	state land planning agency within 30 days after receipt by the
1713	state land planning agency of the complete proposed plan
1714	amendment and shall specify any objections, recommendations for
1715	modifications, and comments of any other regional agencies to
1716	which the regional planning council may have referred the
1717	proposed plan amendment. Written comments submitted by the
1718	public within 30 days after notice of transmittal by the local
1719	government of the proposed plan amendment will be considered as
1720	if submitted by governmental agencies. All written agency and
1721	public comments must be made part of the file maintained under
1722	subsection (2).
1723	(6)  STATE LAND PLANNING AGENCY REVIEW.--
1724	(a)  The state land planning agency may shall review a
1725	proposed plan amendment upon request of a regional planning
1726	council, affected person, or local government transmitting the
1727	plan amendment. The request from the regional planning council
1728	or affected person must be received within 30 days after
1729	transmittal of the proposed plan amendment pursuant to
1730	subsection (3). A regional planning council or affected person
1731	requesting a review shall do so by submitting a written request
1732	to the agency with a notice of the request to the local
1733	government and any other person who has requested notice.
1734	Section 8.  Paragraphs (c) and (l) of subsection (1) of
1735	section 163.3187, Florida Statutes, are amended, and paragraph
1736	(o) is added to said subsection, to read:
1737	163.3187  Amendment of adopted comprehensive plan.--
1738	(1)  Amendments to comprehensive plans adopted pursuant to
1739	this part may be made not more than two times during any
1740	calendar year, except:
1741	(c)  Any local government comprehensive plan amendments
1742	directly related to proposed small scale development activities
1743	may be approved without regard to statutory limits on the
1744	frequency of consideration of amendments to the local
1745	comprehensive plan. A small scale development amendment may be
1746	adopted only under the following conditions:
1747	1.  The proposed amendment involves a use of 10 acres or
1748	fewer and:
1749	a.  The cumulative annual effect of the acreage for all
1750	small scale development amendments adopted by the local
1751	government shall not exceed:
1752	(I)  A maximum of 120 acres in a local government that
1753	contains areas specifically designated in the local
1754	comprehensive plan for urban infill, urban redevelopment, or
1755	downtown revitalization as defined in s. 163.3164, urban infill
1756	and redevelopment areas designated under s. 163.2517,
1757	transportation concurrency exception areas approved pursuant to
1758	s. 163.3180(5), or regional activity centers and urban central
1759	business districts approved pursuant to s. 380.06(2)(e);
1760	however, amendments under this paragraph may be applied to no
1761	more than 60 acres annually of property outside the designated
1762	areas listed in this sub-sub-subparagraph. Amendments adopted
1763	pursuant to paragraph (k) shall not be counted toward the
1764	acreage limitations for small scale amendments under this
1765	paragraph.
1766	(II)  A maximum of 80 acres in a local government that does
1767	not contain any of the designated areas set forth in sub-sub-
1768	subparagraph (I).
1769	(III)  A maximum of 120 acres in a county established
1770	pursuant to s. 9, Art. VIII of the State Constitution.
1771	b.  The proposed amendment does not involve the same
1772	property granted a change within the prior 12 months.
1773	c.  The proposed amendment does not involve the same
1774	owner's property within 200 feet of property granted a change
1775	within the prior 12 months.
1776	d.  The proposed amendment does not involve a text change
1777	to the goals, policies, and objectives of the local government's
1778	comprehensive plan, but only proposes a land use change to the
1779	future land use map for a site-specific small scale development
1780	activity.
1781	e.  The property that is the subject of the proposed
1782	amendment is not located within an area of critical state
1783	concern, unless the project subject to the proposed amendment
1784	involves the construction of affordable housing units meeting
1785	the criteria of s. 420.0004(3), and is located within an area of
1786	critical state concern designated by s. 380.0552 or by the
1787	Administration Commission pursuant to s. 380.05(1). Such
1788	amendment is not subject to the density limitations of sub-
1789	subparagraph f., and shall be reviewed by the state land
1790	planning agency for consistency with the principles for guiding
1791	development applicable to the area of critical state concern
1792	where the amendment is located and shall not become effective
1793	until a final order is issued under s. 380.05(6).
1794	f.  If the proposed amendment involves a residential land
1795	use, the residential land use has a density of 10 units or less
1796	per acre, except that this limitation does not apply to small
1797	scale amendments involving the construction of affordable
1798	housing units meeting the criteria of s. 420.0004(3) on property
1799	which will be the subject of a land use restriction agreement or
1800	extended use agreement recorded in conjunction with the issuance
1801	of tax exempt bond financing or an allocation of federal tax
1802	credits issued through the Florida Housing Finance Corporation
1803	or a local housing finance authority authorized by the Division
1804	of Bond Finance of the State Board of Administration, or small
1805	scale amendments described in sub-sub-subparagraph a.(I) that
1806	are designated in the local comprehensive plan for urban infill,
1807	urban redevelopment, or downtown revitalization as defined in s.
1808	163.3164, urban infill and redevelopment areas designated under
1809	s. 163.2517, transportation concurrency exception areas approved
1810	pursuant to s. 163.3180(5), or regional activity centers and
1811	urban central business districts approved pursuant to s.
1812	380.06(2)(e).
1813	2.a.  A local government that proposes to consider a plan
1814	amendment pursuant to this paragraph is not required to comply
1815	with the procedures and public notice requirements of s.
1816	163.3184(15)(c) for such plan amendments if the local government
1817	complies with the provisions in s. 125.66(4)(a) for a county or
1818	in s. 166.041(3)(c) for a municipality. If a request for a plan
1819	amendment under this paragraph is initiated by other than the
1820	local government, public notice is required.
1821	b.  The local government shall send copies of the notice
1822	and amendment to the state land planning agency, the regional
1823	planning council, and any other person or entity requesting a
1824	copy. This information shall also include a statement
1825	identifying any property subject to the amendment that is
1826	located within a coastal high hazard area as identified in the
1827	local comprehensive plan.
1828	3.  Small scale development amendments adopted pursuant to
1829	this paragraph require only one public hearing before the
1830	governing board, which shall be an adoption hearing as described
1831	in s. 163.3184(7), and are not subject to the requirements of s.
1832	163.3184(3)-(6) unless the local government elects to have them
1833	subject to those requirements.
1834	(l)  A comprehensive plan amendment to adopt a public
1835	educational facilities element pursuant to s. 163.3177 163.31776
1836	and future land-use-map amendments for school siting may be
1837	approved notwithstanding statutory limits on the frequency of
1838	adopting plan amendments.
1839	(o)1.  For municipalities that are more than 90 percent
1840	built-out, any municipality's comprehensive plan amendments may
1841	be approved without regard to statutory limits on the frequency
1842	of consideration of amendments to the local comprehensive plan
1843	only if the proposed amendment involves a use of 100 acres or
1844	fewer and:
1845	a.  The cumulative annual effect of the acreage for all
1846	amendments adopted pursuant to this paragraph does not exceed
1847	500 acres.
1848	b.  The proposed amendment does not involve the same
1849	property granted a change within the prior 12 months.
1850	c.  The proposed amendment does not involve the same
1851	owner's property within 200 feet of property granted a change
1852	within the prior 12 months.
1853	d.  The proposed amendment does not involve a text change
1854	to the goals, policies, and objectives of the local government's
1855	comprehensive plan but only proposes a land use change to the
1856	future land use map for a site-specific small scale development
1857	activity.
1858	e.  The property that is the subject of the proposed
1859	amendment is not located within an area of critical state
1860	concern.
1861	2.  For purposes of this paragraph, the term "built-out"
1862	means 90 percent of the property within the municipality's
1863	boundaries, excluding lands that are designated as conservation,
1864	preservation, recreation, or public facilities categories, have
1865	been developed, or are the subject of an approved development
1866	order that has received a building permit, and the municipality
1867	has an average density of 5 units per acre for residential
1868	development.
1869	3.a.  A local government that proposes to consider a plan
1870	amendment pursuant to this paragraph is not required to comply
1871	with the procedures and public notice requirements of s.
1872	163.3184(15)(c) for such plan amendments if the local government
1873	complies with the provisions of s. 166.041(3)(c). If a request
1874	for a plan amendment under this paragraph is initiated by other
1875	than the local government, public notice is required.
1876	b.  The local government shall send copies of the notice
1877	and amendment to the state land planning agency, the regional
1878	planning council, and any other person or entity requesting a
1879	copy. This information shall also include a statement
1880	identifying any property subject to the amendment that is
1881	located within a coastal high hazard area as identified in the
1882	local comprehensive plan.
1883	4.  Amendments adopted pursuant to this paragraph require
1884	only one public hearing before the governing board, which shall
1885	be an adoption hearing as described in s. 163.3184(7), and are
1886	not subject to the requirements of s. 163.3184(3)-(6) unless the
1887	local government elects to have them subject to those
1888	requirements.
1889	5.  This paragraph shall not apply if a municipality
1890	annexes unincorporated property that decreases the percentage of
1891	build-out to an amount below 90 percent.
1892	5.  A municipality shall notify the state land planning
1893	agency in writing of its built-out percentage prior to the
1894	submission of any comprehensive plan amendments under this
1895	subsection.
1896	Section 9.  Paragraphs (k) and (l) of subsection (2) and
1897	subsection (10) of section 163.3191, Florida Statutes, are
1898	amended, and paragraph (o) is added to subsection (2) of said
1899	section, to read:
1900	163.3191  Evaluation and appraisal of comprehensive plan.--
1901	(2)  The report shall present an evaluation and assessment
1902	of the comprehensive plan and shall contain appropriate
1903	statements to update the comprehensive plan, including, but not
1904	limited to, words, maps, illustrations, or other media, related
1905	to:
1906	(k)  The coordination of the comprehensive plan with
1907	existing public schools and those identified in the applicable
1908	educational facilities plan adopted pursuant to s. 1013.35. The
1909	assessment shall address, where relevant, the success or failure
1910	of the coordination of the future land use map and associated
1911	planned residential development with public schools and their
1912	capacities, as well as the joint decisionmaking processes
1913	engaged in by the local government and the school board in
1914	regard to establishing appropriate population projections and
1915	the planning and siting of public school facilities. For
1916	counties or municipalities that do not have a public schools
1917	interlocal agreement or public school facility element, the
1918	assessment shall determine whether the local government
1919	continues to meet the criteria of s. 163.3177(12). If the county
1920	or municipality determines that it no longer meets the criteria,
1921	the county or municipality must adopt appropriate school
1922	concurrency goals, objectives, and policies in its plan
1923	amendments pursuant to the requirements of the public school
1924	facility element and enter into the existing interlocal
1925	agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
1926	order to fully participate in the school concurrency system If
1927	the issues are not relevant, the local government shall
1928	demonstrate that they are not relevant.
1929	(l)  The extent to which the local government has been
1930	successful in identifying water supply sources, including
1931	conservation and reuse, necessary to meet existing and projected
1932	water use demand for the comprehensive plan's water supply work
1933	plan. The water supply sources evaluated in the report must be
1934	consistent with evaluation must consider the appropriate water
1935	management district's regional water supply plan approved
1936	pursuant to s. 373.0361. The report must evaluate the degree to
1937	which the local government has implemented the work plan for
1938	water supply facilities included in the potable water element.
1939	The potable water element must be revised to include a work
1940	plan, covering at least a 10-year planning period, for building
1941	any water supply facilities that are identified in the element
1942	as necessary to serve existing and new development and for which
1943	the local government is responsible.
1944	(o)  The extent to which a concurrency exception area
1945	designated pursuant to s. 163.3180(5), a concurrency management
1946	area designated pursuant to s. 163.3180(7), or a multimodal
1947	district designated pursuant to s. 163.3180(15) has achieved the
1948	purposes for which it was created and otherwise complies with
1949	the provisions of s. 163.3180.
1950	(10)  The governing body shall amend its comprehensive plan
1951	based on the recommendations in the report and shall update the
1952	comprehensive plan based on the components of subsection (2),
1953	pursuant to the provisions of ss. 163.3184, 163.3187, and
1954	163.3189. Amendments to update a comprehensive plan based on the
1955	evaluation and appraisal report shall be adopted within 18
1956	months after the report is determined to be sufficient by the
1957	state land planning agency, except the state land planning
1958	agency may grant an extension for adoption of a portion of such
1959	amendments. The state land planning agency may grant a 6-month
1960	extension for the adoption of such amendments if the request is
1961	justified by good and sufficient cause as determined by the
1962	agency. An additional extension may also be granted if the
1963	request will result in greater coordination between
1964	transportation and land use, for the purposes of improving
1965	Florida's transportation system, as determined by the agency in
1966	coordination with the Metropolitan Planning Organization
1967	program. Beginning July 1, 2006, failure to timely adopt
1968	updating amendments to the comprehensive plan based on the
1969	evaluation and appraisal report shall result in a local
1970	government being prohibited from adopting amendments to the
1971	comprehensive plan until the evaluation and appraisal report
1972	updating amendments have been transmitted to the state land
1973	planning agency. The prohibition on plan amendments shall
1974	commence when the updating amendments to the comprehensive plan
1975	are past due. The comprehensive plan as amended shall be in
1976	compliance as defined in s. 163.3184(1)(b). Within 6 months
1977	after the effective date of the updating amendments to the
1978	comprehensive plan, the local government shall provide to the
1979	state land planning agency and to all agencies designated by
1980	rule a complete copy of the updated comprehensive plan.
1981	Section 10.  Section 163.3247, Florida Statutes, is created
1982	to read:
1983	163.3247  Century Commission for a Sustainable Florida.--
1984	(1)  POPULAR NAME.--This section may be cited as the
1985	"Century Commission for a Sustainable Florida Act."
1986	(2)  FINDINGS AND INTENT.--The Legislature finds and
1987	declares that the population of this state is expected to more
1988	than double over the next 100 years, with commensurate impacts
1989	to the state's natural resources and public infrastructure.
1990	Consequently, it is in the best interests of the people of the
1991	state to ensure sound planning for the proper placement of this
1992	growth and protection of the state's land, water, and other
1993	natural resources since such resources are essential to our
1994	collective quality of life and a strong economy. The state's
1995	growth management system should foster economic stability
1996	through regional solutions and strategies, urban renewal and
1997	infill, and the continued viability of agricultural economies,
1998	while allowing for rural economic development and protecting the
1999	unique characteristics of rural areas, and should reduce the
2000	complexity of the regulatory process while carrying out the
2001	intent of the laws and encouraging greater citizen
2002	participation.
2003	(3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
2004	CREATION; ORGANIZATION.--The Century Commission for a
2005	Sustainable Florida is created as a standing body to help the
2006	citizens of this state envision and plan their collective future
2007	with an eye towards both 20-year and 50-year horizons.
2008	(a)  The commission shall consist of nine members, three
2009	appointed by the Governor, three appointed by the President of
2010	the Senate, and three appointed by the Speaker of the House of
2011	Representatives. Appointments shall be made no later than
2012	October 1, 2005. One member shall be designated by the Governor
2013	as chair of the commission. Any vacancy that occurs on the
2014	commission must be filled in the same manner as the original
2015	appointment and shall be for the unexpired term of that
2016	commission seat. Members shall serve 4-year terms, except that,
2017	initially, to provide for staggered terms, three of the
2018	appointees, one each by the Governor, the President of the
2019	Senate, and the Speaker of the House of Representatives, shall
2020	serve 2-year terms, three shall serve 3-year terms, and three
2021	shall serve 4-year terms. All subsequent appointments shall be
2022	for 4-year terms. An appointee may not serve more than 6 years.
2023	(b)  The first meeting of the commission shall be held no
2024	later than December 1, 2005, and shall meet at the call of the
2025	chair but not less frequently than three times per year in
2026	different regions of the state to solicit input from the public
2027	or any other individuals offering testimony relevant to the
2028	issues to be considered.
2029	(c)  Each member of the commission is entitled to one vote
2030	and actions of the commission are not binding unless taken by a
2031	three-fifths vote of the members present. A majority of the
2032	members is required to constitute a quorum, and the affirmative
2033	vote of a quorum is required for a binding vote.
2034	(d)  Members of the commission shall serve without
2035	compensation but shall be entitled to receive per diem and
2036	travel expenses in accordance with s. 112.061 while in
2037	performance of their duties.
2038	(4)  POWERS AND DUTIES.--The commission shall:
2039	(a)  Annually conduct a process through which the
2040	commission envisions the future for the state and then develops
2041	and recommends policies, plans, action steps, or strategies to
2042	assist in achieving the vision.
2043	(b)  Continuously review and consider statutory and
2044	regulatory provisions, governmental processes, and societal and
2045	economic trends in its inquiry of how state, regional, and local
2046	governments and entities and citizens of this state can best
2047	accommodate projected increased populations while maintaining
2048	the natural, historical, cultural, and manmade life qualities
2049	that best represent the state.
2050	(c)  Bring together people representing varied interests to
2051	develop a shared image of the state and its developed and
2052	natural areas. The process should involve exploring the impact
2053	of the estimated population increase and other emerging trends
2054	and issues; creating a vision for the future; and developing a
2055	strategic action plan to achieve that vision using 20-year and
2056	50-year intermediate planning timeframes.
2057	(d)  Focus on essential state interests, defined as those
2058	interests that transcend local or regional boundaries and are
2059	most appropriately conserved, protected, and promoted at the
2060	state level.
2061	(e)  Serve as an objective, nonpartisan repository of
2062	exemplary community-building ideas and as a source to recommend
2063	strategies and practices to assist others in working
2064	collaboratively to problem solve on issues relating to growth
2065	management.
2066	(f)  Annually, beginning January 16, 2007, and every year
2067	thereafter on the same date, provide to the Governor, the
2068	President of the Senate, and the Speaker of the House of
2069	Representatives a written report containing specific
2070	recommendations for addressing growth management in the state,
2071	including executive and legislative recommendations. Further,
2072	the report shall contain discussions regarding the need for
2073	intergovernmental cooperation and the balancing of environmental
2074	protection and future development and recommendations on issues,
2075	including, but not limited to, recommendations regarding
2076	dedicated sources of funding for sewer facilities, water supply
2077	and quality, transportation facilities that are not adequately
2078	addressed by the Strategic Intermodal System, and educational
2079	infrastructure to support existing development and projected
2080	population growth. This report shall be verbally presented to a
2081	joint session of both houses annually as scheduled by the
2082	President of the Senate and the Speaker of the House of
2083	Representatives.
2084	(g)  Beginning with the 2007 Regular Session of the
2085	Legislature, the President of the Senate and Speaker of the
2086	House of Representatives shall create a joint select committee,
2087	the task of which shall be to review the findings and
2088	recommendations of the Century Commission for a Sustainable
2089	Florida for potential action.
2090	(5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
2091	(a)  The Secretary of Community Affairs shall select an
2092	executive director of the commission, and the executive director
2093	shall serve at the pleasure of the secretary under the
2094	supervision and control of the commission.
2095	(b)  The Department of Community Affairs shall provide
2096	staff and other resources necessary to accomplish the goals of
2097	the commission based upon recommendations of the Governor.
2098	(c)  All agencies under the control of the Governor are
2099	directed, and all other agencies are requested, to render
2100	assistance to, and cooperate with, the commission.
2101	Section 11.  Paragraph (d) of subsection (1) of section
2102	201.15, Florida Statutes, is amended to read:
2103	201.15  Distribution of taxes collected.--All taxes
2104	collected under this chapter shall be distributed as follows and
2105	shall be subject to the service charge imposed in s. 215.20(1),
2106	except that such service charge shall not be levied against any
2107	portion of taxes pledged to debt service on bonds to the extent
2108	that the amount of the service charge is required to pay any
2109	amounts relating to the bonds:
2110	(1)  Sixty-two and sixty-three hundredths percent of the
2111	remaining taxes collected under this chapter shall be used for
2112	the following purposes:
2113	(d)  The remainder of the moneys distributed under this
2114	subsection, after the required payments under paragraphs (a),
2115	(b), and (c), shall be paid into the State Treasury to the
2116	credit of the State Transportation Trust Fund in the Department
2117	of Transportation in the amount of $566.75 million each fiscal
2118	year to be paid in quarterly installments and allocated for the
2119	following specified purposes notwithstanding any other provision
2120	of law:
2121	1.  New Starts Transit Program pursuant to s. 341.051, $50
2122	million for fiscal year 2005-2006, $65 million for fiscal year
2123	2006-2007, $70 million each fiscal year for fiscal years 2007-
2124	2008 through 2009-2010, $80 million for fiscal year 2010-2011
2125	and each fiscal year thereafter.
2126	2.  Small County Outreach Program pursuant to s. 339.2818,
2127	$35 million for each fiscal year for fiscal years 2005-2006
2128	through 2009-2010, $45 million for fiscal year 2010-2011 and
2129	each fiscal year thereafter.
2130	3.  Transportation Incentive Program for a Sustainable
2131	Florida pursuant to s. 339.28171 $161.75, million for fiscal
2132	year 2006-2007, $150 million for fiscal year 2007-2008 and each
2133	fiscal year thereafter.
2134	4.  Strategic Intermodal System pursuant to s. 339.64, all
2135	remaining funds after allocations are made for subparagraphs 1.
2136	through 3. The remainder of the moneys distributed under this
2137	subsection, after the required payments under paragraphs (a),
2138	(b), and (c), shall be paid into the State Treasury to the
2139	credit of the General Revenue Fund of the state to be used and
2140	expended for the purposes for which the General Revenue Fund was
2141	created and exists by law or to the Ecosystem Management and
2142	Restoration Trust Fund or to the Marine Resources Conservation
2143	Trust Fund as provided in subsection (11).
2144	Section 12.  Subsection (3) of section 215.211, Florida
2145	Statutes, is amended to read:
2146	215.211  Service charge; elimination or reduction for
2147	specified proceeds.--
2148	(3)  Notwithstanding the provisions of s. 215.20(1), the
2149	service charge provided in s. 215.20(1), which is deducted from
2150	the proceeds of the local option fuel tax distributed under s.
2151	336.025, shall be reduced as follows:
2152	(a)  For the period July 1, 2005, through June 30, 2006,
2153	the rate of the service charge shall be 3.5 percent.
2154	(b)  Beginning July 1, 2006, and thereafter, no service
2155	charge shall be deducted from the proceeds of the local option
2156	fuel tax distributed under s. 336.025.
2157
2158	The increased revenues derived from this subsection shall be
2159	deposited in the State Transportation Trust Fund and used to
2160	fund the Transportation Incentive Program for a Sustainable
2161	Florida County Incentive Grant Program and the Small County
2162	Outreach Program. Up to 20 percent of such funds shall be used
2163	for the purpose of implementing the Small County Outreach
2164	Program created pursuant to s. 339.2818 as provided in this act.
2165	Notwithstanding any other laws to the contrary, the requirements
2166	of ss. 339.135, 339.155, and 339.175 shall not apply to these
2167	funds and programs.
2168	Section 13.  Section 337.107, Florida Statutes, is amended
2169	to read:
2170	337.107  Contracts for right-of-way services.--The
2171	department may enter into contracts pursuant to s. 287.055 for
2172	right-of-way services on transportation corridors and
2173	transportation facilities or the department may include right-
2174	of-way services as part of design-build contracts awarded
2175	pursuant to s. 337.11. Right-of-way services include negotiation
2176	and acquisition services, appraisal services, demolition and
2177	removal of improvements, and asbestos-abatement services.
2178	Section 14.  Paragraph (a) of subsection (7) of section
2179	337.11, Florida Statutes, as amended by chapter 2002-20, Laws of
2180	Florida, is amended to read:
2181	337.11  Contracting authority of department; bids;
2182	emergency repairs, supplemental agreements, and change orders;
2183	combined design and construction contracts; progress payments;
2184	records; requirements of vehicle registration.--
2185	(7)(a)  If the head of the department determines that it is
2186	in the best interests of the public, the department may combine
2187	the right-of-way services and design and construction phases of
2188	any a building, a major bridge, a limited access facility, or a
2189	rail corridor project into a single contract, except for a
2190	resurfacing or minor bridge project the right-of-way services
2191	and design construction phases of which may be combined under s.
2192	337.025. Such contract is referred to as a design-build
2193	contract. Design-build contracts may be advertised and awarded
2194	notwithstanding the requirements of paragraph (3)(c). However,
2195	construction activities may not begin on any portion of such
2196	projects for which the department has not yet obtained title
2197	until title to the necessary rights-of-way and easements for the
2198	construction of that portion of the project has vested in the
2199	state or a local governmental entity and all railroad crossing
2200	and utility agreements have been executed. Title to rights-of-
2201	way shall be deemed to have vested in the state when the title
2202	has been dedicated to the public or acquired by prescription.
2203	Design-build contracts may be advertised and awarded
2204	notwithstanding the requirements of paragraph (3)(c). However,
2205	construction activities may not begin on any portion of such
2206	projects until title to the necessary rights-of-way and
2207	easements for the construction of that portion of the project
2208	has vested in the state or a local governmental entity and all
2209	railroad crossing and utility agreements have been executed.
2210	Title to rights-of-way vests in the state when the title has
2211	been dedicated to the public or acquired by prescription.
2212	Section 15.  Paragraph (j) of subsection (1) of section
2213	339.08, Florida Statutes, is amended, and paragraph (m) of said
2214	subsection is redesignated as paragraph (n) and new paragraph
2215	(m) is added to said subsection, to read:
2216	339.08  Use of moneys in State Transportation Trust Fund.--
2217	(1)  The department shall expend moneys in the State
2218	Transportation Trust Fund accruing to the department, in
2219	accordance with its annual budget. The use of such moneys shall
2220	be restricted to the following purposes:
2221	(j)  To pay the cost of county or municipal road projects
2222	selected in accordance with the County Incentive Grant Program
2223	created in s. 339.2817 and the Small County Outreach Program
2224	created in s. 339.2818.
2225	(m)  To pay the cost of transportation projects selected in
2226	accordance with the Transportation Incentive Program for a
2227	Sustainable Florida created in s. 339.28171.
2228	Section 16.  Paragraph (b) of subsection (4) of section
2229	339.135, Florida Statutes, is amended to read:
2230	339.135  Work program; legislative budget request;
2231	definitions; preparation, adoption, execution, and amendment.--
2232	(4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
2233	(b)1.  A tentative work program, including the ensuing
2234	fiscal year and the successive 4 fiscal years, shall be prepared
2235	for the State Transportation Trust Fund and other funds managed
2236	by the department, unless otherwise provided by law. The
2237	tentative work program shall be based on the district work
2238	programs and shall set forth all projects by phase to be
2239	undertaken during the ensuing fiscal year and planned for the
2240	successive 4 fiscal years. The total amount of the liabilities
2241	accruing in each fiscal year of the tentative work program may
2242	not exceed the revenues available for expenditure during the
2243	respective fiscal year based on the cash forecast for that
2244	respective fiscal year.
2245	2.  The tentative work program shall be developed in
2246	accordance with the Florida Transportation Plan required in s.
2247	339.155 and must comply with the program funding levels
2248	contained in the program and resource plan.
2249	3.  The department may include in the tentative work
2250	program proposed changes to the programs contained in the
2251	previous work program adopted pursuant to subsection (5);
2252	however, the department shall minimize changes and adjustments
2253	that affect the scheduling of project phases in the 4 common
2254	fiscal years contained in the previous adopted work program and
2255	the tentative work program. The department, in the development
2256	of the tentative work program, shall advance by 1 fiscal year
2257	all projects included in the second year of the previous year's
2258	adopted work program, unless the secretary specifically
2259	determines that it is necessary, for specific reasons, to
2260	reschedule or delete one or more projects from that year. Such
2261	changes and adjustments shall be clearly identified, and the
2262	effect on the 4 common fiscal years contained in the previous
2263	adopted work program and the tentative work program shall be
2264	shown. It is the intent of the Legislature that the first 5
2265	years of the adopted work program for facilities designated as
2266	part of the Florida Intrastate Highway System and the first 3
2267	years of the adopted work program stand as the commitment of the
2268	state to undertake transportation projects that local
2269	governments may rely on for planning and concurrency purposes
2270	and in the development and amendment of the capital improvements
2271	elements of their local government comprehensive plans.
2272	4.  The tentative work program must include a balanced 36-
2273	month forecast of cash and expenditures and a 5-year finance
2274	plan supporting the tentative work program.
2275	Section 17.  Paragraphs (c), (d), and (e) are added to
2276	subsection (5) of section 339.155, Florida Statutes, to read:
2277	339.155  Transportation planning.--
2278	(5)  ADDITIONAL TRANSPORTATION PLANS.--
2279	(c)  Regional transportation plans may be developed in
2280	regional transportation areas in accordance with an interlocal
2281	agreement entered into pursuant to s. 163.01 by the department
2282	and two or more contiguous metropolitan planning organizations,
2283	one or more metropolitan planning organizations and one or more
2284	contiguous counties that are not members of a metropolitan
2285	planning organization, a multicounty regional transportation
2286	authority created by or pursuant to law, two or more contiguous
2287	counties that are not members of a metropolitan planning
2288	organization, or metropolitan planning organizations comprised
2289	of three or more counties.
2290	(d)  The department shall develop a model draft interlocal
2291	agreement that, at a minimum, shall identify the entity that
2292	will coordinate the development of the regional transportation
2293	plan; delineate the boundaries of the regional transportation
2294	area; provide the duration of the agreement and specify how the
2295	agreement may be terminated, modified, or rescinded; describe
2296	the process by which the regional transportation plan will be
2297	developed; and provide how members of the entity will resolve
2298	disagreements regarding interpretation of the interlocal
2299	agreement or disputes relating to the development or content of
2300	the regional transportation plan. The designated entity shall
2301	coordinate the adoption of the interlocal agreement using as its
2302	framework the department model. Such interlocal agreement shall
2303	become effective upon approval by supermajority vote of the
2304	affected local governments.
2305	(e)  The regional transportation plan developed pursuant to
2306	this section shall, at a minimum, identify regionally
2307	significant transportation facilities located within a regional
2308	transportation area, and recommend a list to the department for
2309	prioritization. The project shall be adopted into the capital
2310	improvements schedule of the local government comprehensive plan
2311	pursuant to s. 163. 3177(3).
2312	Section 18.  Section 339.175, Florida Statutes, is amended
2313	to read:
2314	339.175  Metropolitan planning organization.--It is the
2315	intent of the Legislature to encourage and promote the safe and
2316	efficient management, operation, and development of surface
2317	transportation systems that will serve the mobility needs of
2318	people and freight within and through urbanized areas of this
2319	state while minimizing transportation-related fuel consumption
2320	and air pollution. To accomplish these objectives, metropolitan
2321	planning organizations, referred to in this section as M.P.O.'s,
2322	shall develop, in cooperation with the state and public transit
2323	operators, transportation plans and programs for metropolitan
2324	areas. The plans and programs for each metropolitan area must
2325	provide for the development and integrated management and
2326	operation of transportation systems and facilities, including
2327	pedestrian walkways and bicycle transportation facilities that
2328	will function as an intermodal transportation system for the
2329	metropolitan area, based upon the prevailing principles provided
2330	in s. 334.046(1). The process for developing such plans and
2331	programs shall provide for consideration of all modes of
2332	transportation and shall be continuing, cooperative, and
2333	comprehensive, to the degree appropriate, based on the
2334	complexity of the transportation problems to be addressed. To
2335	ensure that the process is integrated with the statewide
2336	planning process, M.P.O.'s shall develop plans and programs that
2337	identify transportation facilities that should function as an
2338	integrated metropolitan transportation system, giving emphasis
2339	to facilities that serve important national, state, and regional
2340	transportation functions. For the purposes of this section,
2341	those facilities include the facilities on the Strategic
2342	Intermodal System designated under s. 339.63 and facilities for
2343	which projects have been identified pursuant to s. 339.28171.
2344	(1)  DESIGNATION.--
2345	(a)1.  An M.P.O. shall be designated for each urbanized
2346	area of the state; however, this does not require that an
2347	individual M.P.O. be designated for each such area. Such
2348	designation shall be accomplished by agreement between the
2349	Governor and units of general-purpose local government
2350	representing at least 75 percent of the population of the
2351	urbanized area; however, the unit of general-purpose local
2352	government that represents the central city or cities within the
2353	M.P.O. jurisdiction, as defined by the United States Bureau of
2354	the Census, must be a party to such agreement.
2355	2.  More than one M.P.O. may be designated within an
2356	existing metropolitan planning area only if the Governor and the
2357	existing M.P.O. determine that the size and complexity of the
2358	existing metropolitan planning area makes the designation of
2359	more than one M.P.O. for the area appropriate.
2360	(b)  Each M.P.O. shall be created and operated under the
2361	provisions of this section pursuant to an interlocal agreement
2362	entered into pursuant to s. 163.01. The signatories to the
2363	interlocal agreement shall be the department and the
2364	governmental entities designated by the Governor for membership
2365	on the M.P.O. If there is a conflict between this section and s.
2366	163.01, this section prevails.
2367	(c)  The jurisdictional boundaries of an M.P.O. shall be
2368	determined by agreement between the Governor and the applicable
2369	M.P.O. The boundaries must include at least the metropolitan
2370	planning area, which is the existing urbanized area and the
2371	contiguous area expected to become urbanized within a 20-year
2372	forecast period, and may encompass the entire metropolitan
2373	statistical area or the consolidated metropolitan statistical
2374	area.
2375	(d)  In the case of an urbanized area designated as a
2376	nonattainment area for ozone or carbon monoxide under the Clean
2377	Air Act, 42 U.S.C. ss. 7401 et seq., the boundaries of the
2378	metropolitan planning area in existence as of the date of
2379	enactment of this paragraph shall be retained, except that the
2380	boundaries may be adjusted by agreement of the Governor and
2381	affected metropolitan planning organizations in the manner
2382	described in this section. If more than one M.P.O. has authority
2383	within a metropolitan area or an area that is designated as a
2384	nonattainment area, each M.P.O. shall consult with other
2385	M.P.O.'s designated for such area and with the state in the
2386	coordination of plans and programs required by this section.
2387
2388	Each M.P.O. required under this section must be fully operative
2389	no later than 6 months following its designation.
2390	(2)  VOTING MEMBERSHIP.--
2391	(a)  The voting membership of an M.P.O. shall consist of
2392	not fewer than 5 or more than 19 apportioned members, the exact
2393	number to be determined on an equitable geographic-population
2394	ratio basis by the Governor, based on an agreement among the
2395	affected units of general-purpose local government as required
2396	by federal rules and regulations. The Governor, in accordance
2397	with 23 U.S.C. s. 134, may also provide for M.P.O. members who
2398	represent municipalities to alternate with representatives from
2399	other municipalities within the metropolitan planning area that
2400	do not have members on the M.P.O. County commission members
2401	shall compose not less than one-third of the M.P.O. membership,
2402	except for an M.P.O. with more than 15 members located in a
2403	county with a five-member county commission or an M.P.O. with 19
2404	members located in a county with no more than 6 county
2405	commissioners, in which case county commission members may
2406	compose less than one-third percent of the M.P.O. membership,
2407	but all county commissioners must be members. All voting members
2408	shall be elected officials of general-purpose governments,
2409	except that an M.P.O. may include, as part of its apportioned
2410	voting members, a member of a statutorily authorized planning
2411	board, an official of an agency that operates or administers a
2412	major mode of transportation, or an official of the Florida
2413	Space Authority. The county commission shall compose not less
2414	than 20 percent of the M.P.O. membership if an official of an
2415	agency that operates or administers a major mode of
2416	transportation has been appointed to an M.P.O.
2417	(b)  In metropolitan areas in which authorities or other
2418	agencies have been or may be created by law to perform
2419	transportation functions and are performing transportation
2420	functions that are not under the jurisdiction of a general
2421	purpose local government represented on the M.P.O., they shall
2422	be provided voting membership on the M.P.O. In all other
2423	M.P.O.'s where transportation authorities or agencies are to be
2424	represented by elected officials from general purpose local
2425	governments, the M.P.O. shall establish a process by which the
2426	collective interests of such authorities or other agencies are
2427	expressed and conveyed.
2428	(c)  Any other provision of this section to the contrary
2429	notwithstanding, a chartered county with over 1 million
2430	population may elect to reapportion the membership of an M.P.O.
2431	whose jurisdiction is wholly within the county. The charter
2432	county may exercise the provisions of this paragraph if:
2433	1.  The M.P.O. approves the reapportionment plan by a
2434	three-fourths vote of its membership;
2435	2.  The M.P.O. and the charter county determine that the
2436	reapportionment plan is needed to fulfill specific goals and
2437	policies applicable to that metropolitan planning area; and
2438	3.  The charter county determines the reapportionment plan
2439	otherwise complies with all federal requirements pertaining to
2440	M.P.O. membership.
2441
2442	Any charter county that elects to exercise the provisions of
2443	this paragraph shall notify the Governor in writing.
2444	(d)  Any other provision of this section to the contrary
2445	notwithstanding, any county chartered under s. 6(e), Art. VIII
2446	of the State Constitution may elect to have its county
2447	commission serve as the M.P.O., if the M.P.O. jurisdiction is
2448	wholly contained within the county. Any charter county that
2449	elects to exercise the provisions of this paragraph shall so
2450	notify the Governor in writing. Upon receipt of such
2451	notification, the Governor must designate the county commission
2452	as the M.P.O. The Governor must appoint four additional voting
2453	members to the M.P.O., one of whom must be an elected official
2454	representing a municipality within the county, one of whom must
2455	be an expressway authority member, one of whom must be a person
2456	who does not hold elected public office and who resides in the
2457	unincorporated portion of the county, and one of whom must be a
2458	school board member.
2459	(3)  APPORTIONMENT.--
2460	(a)  The Governor shall, with the agreement of the affected
2461	units of general-purpose local government as required by federal
2462	rules and regulations, apportion the membership on the
2463	applicable M.P.O. among the various governmental entities within
2464	the area and shall prescribe a method for appointing alternate
2465	members who may vote at any M.P.O. meeting that an alternate
2466	member attends in place of a regular member. An appointed
2467	alternate member must be an elected official serving the same
2468	governmental entity or a general-purpose local government with
2469	jurisdiction within all or part of the area that the regular
2470	member serves. The governmental entity so designated shall
2471	appoint the appropriate number of members to the M.P.O. from
2472	eligible officials. Representatives of the department shall
2473	serve as nonvoting members of the M.P.O. Nonvoting advisers may
2474	be appointed by the M.P.O. as deemed necessary. The Governor
2475	shall review the composition of the M.P.O. membership in
2476	conjunction with the decennial census as prepared by the United
2477	States Department of Commerce, Bureau of the Census, and
2478	reapportion it as necessary to comply with subsection (2).
2479	(b)  Except for members who represent municipalities on the
2480	basis of alternating with representatives from other
2481	municipalities that do not have members on the M.P.O. as
2482	provided in paragraph (2)(a), the members of an M.P.O. shall
2483	serve 4-year terms. Members who represent municipalities on the
2484	basis of alternating with representatives from other
2485	municipalities that do not have members on the M.P.O. as
2486	provided in paragraph (2)(a) may serve terms of up to 4 years as
2487	further provided in the interlocal agreement described in
2488	paragraph (1)(b). The membership of a member who is a public
2489	official automatically terminates upon the member's leaving his
2490	or her elective or appointive office for any reason, or may be
2491	terminated by a majority vote of the total membership of a
2492	county or city governing entity represented by the member. A
2493	vacancy shall be filled by the original appointing entity. A
2494	member may be reappointed for one or more additional 4-year
2495	terms.
2496	(c)  If a governmental entity fails to fill an assigned
2497	appointment to an M.P.O. within 60 days after notification by
2498	the Governor of its duty to appoint, that appointment shall be
2499	made by the Governor from the eligible representatives of that
2500	governmental entity.
2501	(4)  AUTHORITY AND RESPONSIBILITY.--The authority and
2502	responsibility of an M.P.O. is to manage a continuing,
2503	cooperative, and comprehensive transportation planning process
2504	that, based upon the prevailing principles provided in s.
2505	334.046(1), results in the development of plans and programs
2506	which are consistent, to the maximum extent feasible, with the
2507	approved local government comprehensive plans of the units of
2508	local government the boundaries of which are within the
2509	metropolitan area of the M.P.O. An M.P.O. shall be the forum for
2510	cooperative decisionmaking by officials of the affected
2511	governmental entities in the development of the plans and
2512	programs required by subsections (5), (6), (7), and (8).
2513	(5)  POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
2514	privileges, and authority of an M.P.O. are those specified in
2515	this section or incorporated in an interlocal agreement
2516	authorized under s. 163.01. Each M.P.O. shall perform all acts
2517	required by federal or state laws or rules, now and subsequently
2518	applicable, which are necessary to qualify for federal aid. It
2519	is the intent of this section that each M.P.O. shall be involved
2520	in the planning and programming of transportation facilities,
2521	including, but not limited to, airports, intercity and high-
2522	speed rail lines, seaports, and intermodal facilities, to the
2523	extent permitted by state or federal law.
2524	(a)  Each M.P.O. shall, in cooperation with the department,
2525	develop:
2526	1.  A long-range transportation plan pursuant to the
2527	requirements of subsection (6);
2528	2.  An annually updated transportation improvement program
2529	pursuant to the requirements of subsection (7); and
2530	3.  An annual unified planning work program pursuant to the
2531	requirements of subsection (8).
2532	(b)  In developing the long-range transportation plan and
2533	the transportation improvement program required under paragraph
2534	(a), each M.P.O. shall provide for consideration of projects and
2535	strategies that will:
2536	1.  Support the economic vitality of the metropolitan area,
2537	especially by enabling global competitiveness, productivity, and
2538	efficiency;
2539	2.  Increase the safety and security of the transportation
2540	system for motorized and nonmotorized users;
2541	3.  Increase the accessibility and mobility options
2542	available to people and for freight;
2543	4.  Protect and enhance the environment, promote energy
2544	conservation, and improve quality of life;
2545	5.  Enhance the integration and connectivity of the
2546	transportation system, across and between modes, for people and
2547	freight;
2548	6.  Promote efficient system management and operation; and
2549	7.  Emphasize the preservation of the existing
2550	transportation system.
2551	(c)  In order to provide recommendations to the department
2552	and local governmental entities regarding transportation plans
2553	and programs, each M.P.O. shall:
2554	1.  Prepare a congestion management system for the
2555	metropolitan area and cooperate with the department in the
2556	development of all other transportation management systems
2557	required by state or federal law;
2558	2.  Assist the department in mapping transportation
2559	planning boundaries required by state or federal law;
2560	3.  Assist the department in performing its duties relating
2561	to access management, functional classification of roads, and
2562	data collection;
2563	4.  Execute all agreements or certifications necessary to
2564	comply with applicable state or federal law;
2565	5.  Represent all the jurisdictional areas within the
2566	metropolitan area in the formulation of transportation plans and
2567	programs required by this section; and
2568	6.  Perform all other duties required by state or federal
2569	law.
2570	(d)  Each M.P.O. shall appoint a technical advisory
2571	committee that includes planners; engineers; representatives of
2572	local aviation authorities, port authorities, and public transit
2573	authorities or representatives of aviation departments, seaport
2574	departments, and public transit departments of municipal or
2575	county governments, as applicable; the school superintendent of
2576	each county within the jurisdiction of the M.P.O. or the
2577	superintendent's designee; and other appropriate representatives
2578	of affected local governments. In addition to any other duties
2579	assigned to it by the M.P.O. or by state or federal law, the
2580	technical advisory committee is responsible for considering safe
2581	access to schools in its review of transportation project
2582	priorities, long-range transportation plans, and transportation
2583	improvement programs, and shall advise the M.P.O. on such
2584	matters. In addition, the technical advisory committee shall
2585	coordinate its actions with local school boards and other local
2586	programs and organizations within the metropolitan area which
2587	participate in school safety activities, such as locally
2588	established community traffic safety teams. Local school boards
2589	must provide the appropriate M.P.O. with information concerning
2590	future school sites and in the coordination of transportation
2591	service.
2592	(e)1.  Each M.P.O. shall appoint a citizens' advisory
2593	committee, the members of which serve at the pleasure of the
2594	M.P.O. The membership on the citizens' advisory committee must
2595	reflect a broad cross section of local residents with an
2596	interest in the development of an efficient, safe, and cost-
2597	effective transportation system. Minorities, the elderly, and
2598	the handicapped must be adequately represented.
2599	2.  Notwithstanding the provisions of subparagraph 1., an
2600	M.P.O. may, with the approval of the department and the
2601	applicable federal governmental agency, adopt an alternative
2602	program or mechanism to ensure citizen involvement in the
2603	transportation planning process.
2604	(f)  The department shall allocate to each M.P.O., for the
2605	purpose of accomplishing its transportation planning and
2606	programming duties, an appropriate amount of federal
2607	transportation planning funds.
2608	(g)  Each M.P.O. may employ personnel or may enter into
2609	contracts with local or state agencies, private planning firms,
2610	or private engineering firms to accomplish its transportation
2611	planning and programming duties required by state or federal
2612	law.
2613	(h)  A chair's coordinating committee is created, composed
2614	of the M.P.O.'s serving Hernando, Hillsborough, Manatee, Pasco,
2615	Pinellas, Polk, and Sarasota Counties. The committee must, at a
2616	minimum:
2617	1.  Coordinate transportation projects deemed to be
2618	regionally significant by the committee.
2619	2.  Review the impact of regionally significant land use
2620	decisions on the region.
2621	3.  Review all proposed regionally significant
2622	transportation projects in the respective transportation
2623	improvement programs which affect more than one of the M.P.O.'s
2624	represented on the committee.
2625	4.  Institute a conflict resolution process to address any
2626	conflict that may arise in the planning and programming of such
2627	regionally significant projects.
2628	(i)1.  The Legislature finds that the state's rapid growth
2629	in recent decades has caused many urbanized areas subject to
2630	M.P.O. jurisdiction to become contiguous to each other. As a
2631	result, various transportation projects may cross from the
2632	jurisdiction of one M.P.O. into the jurisdiction of another
2633	M.P.O. To more fully accomplish the purposes for which M.P.O.'s
2634	have been mandated, M.P.O.'s shall develop coordination
2635	mechanisms with one another to expand and improve transportation
2636	within the state. The appropriate method of coordination between
2637	M.P.O.'s shall vary depending upon the project involved and
2638	given local and regional needs. Consequently, it is appropriate
2639	to set forth a flexible methodology that can be used by M.P.O.'s
2640	to coordinate with other M.P.O.'s and appropriate political
2641	subdivisions as circumstances demand.
2642	2.  Any M.P.O. may join with any other M.P.O. or any
2643	individual political subdivision to coordinate activities or to
2644	achieve any federal or state transportation planning or
2645	development goals or purposes consistent with federal or state
2646	law. When an M.P.O. determines that it is appropriate to join
2647	with another M.P.O. or any political subdivision to coordinate
2648	activities, the M.P.O. or political subdivision shall enter into
2649	an interlocal agreement pursuant to s. 163.01, which, at a
2650	minimum, creates a separate legal or administrative entity to
2651	coordinate the transportation planning or development activities
2652	required to achieve the goal or purpose; provide the purpose for
2653	which the entity is created; provide the duration of the
2654	agreement and the entity, and specify how the agreement may be
2655	terminated, modified, or rescinded; describe the precise
2656	organization of the entity, including who has voting rights on
2657	the governing board, whether alternative voting members are
2658	provided for, how voting members are appointed, and what the
2659	relative voting strength is for each constituent M.P.O. or
2660	political subdivision; provide the manner in which the parties
2661	to the agreement will provide for the financial support of the
2662	entity and payment of costs and expenses of the entity; provide
2663	the manner in which funds may be paid to and disbursed from the
2664	entity; and provide how members of the entity will resolve
2665	disagreements regarding interpretation of the interlocal
2666	agreement or disputes relating to the operation of the entity.
2667	Such interlocal agreement shall become effective upon its
2668	recordation in the official public records of each county in
2669	which a member of the entity created by the interlocal agreement
2670	has a voting member. This paragraph does not require any
2671	M.P.O.'s to merge, combine, or otherwise join together as a
2672	single M.P.O.
2673	(6)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
2674	develop a long-range transportation plan that addresses at least
2675	a 20-year planning horizon. The plan must include both long-
2676	range and short-range strategies and must comply with all other
2677	state and federal requirements. The prevailing principles to be
2678	considered in the long-range transportation plan are: preserving
2679	the existing transportation infrastructure; enhancing Florida's
2680	economic competitiveness; and improving travel choices to ensure
2681	mobility. The long-range transportation plan must be consistent,
2682	to the maximum extent feasible, with future land use elements
2683	and the goals, objectives, and policies of the approved local
2684	government comprehensive plans of the units of local government
2685	located within the jurisdiction of the M.P.O. The approved long-
2686	range transportation plan must be considered by local
2687	governments in the development of the transportation elements in
2688	local government comprehensive plans and any amendments thereto.
2689	The long-range transportation plan must, at a minimum:
2690	(a)  Identify transportation facilities, including, but not
2691	limited to, major roadways, airports, seaports, spaceports,
2692	commuter rail systems, transit systems, and intermodal or
2693	multimodal terminals that will function as an integrated
2694	metropolitan transportation system. The long-range
2695	transportation plan must give emphasis to those transportation
2696	facilities that serve national, statewide, or regional
2697	functions, and must consider the goals and objectives identified
2698	in the Florida Transportation Plan as provided in s. 339.155. If
2699	a project is located within the boundaries of more than one
2700	M.P.O., the M.P.O.'s must coordinate plans regarding the project
2701	in the long-range transportation plan.
2702	(b)  Include a financial plan that demonstrates how the
2703	plan can be implemented, indicating resources from public and
2704	private sources which are reasonably expected to be available to
2705	carry out the plan, and recommends any additional financing
2706	strategies for needed projects and programs. The financial plan
2707	may include, for illustrative purposes, additional projects that
2708	would be included in the adopted long-range transportation plan
2709	if reasonable additional resources beyond those identified in
2710	the financial plan were available. For the purpose of developing
2711	the long-range transportation plan, the M.P.O. and the
2712	department shall cooperatively develop estimates of funds that
2713	will be available to support the plan implementation. Innovative
2714	financing techniques may be used to fund needed projects and
2715	programs. Such techniques may include the assessment of tolls,
2716	the use of value capture financing, or the use of value pricing.
2717	(c)  Assess capital investment and other measures necessary
2718	to:
2719	1.  Ensure the preservation of the existing metropolitan
2720	transportation system including requirements for the operation,
2721	resurfacing, restoration, and rehabilitation of major roadways
2722	and requirements for the operation, maintenance, modernization,
2723	and rehabilitation of public transportation facilities; and
2724	2.  Make the most efficient use of existing transportation
2725	facilities to relieve vehicular congestion and maximize the
2726	mobility of people and goods.
2727	(d)  Indicate, as appropriate, proposed transportation
2728	enhancement activities, including, but not limited to,
2729	pedestrian and bicycle facilities, scenic easements,
2730	landscaping, historic preservation, mitigation of water
2731	pollution due to highway runoff, and control of outdoor
2732	advertising.
2733	(e)  In addition to the requirements of paragraphs (a)-(d),
2734	in metropolitan areas that are classified as nonattainment areas
2735	for ozone or carbon monoxide, the M.P.O. must coordinate the
2736	development of the long-range transportation plan with the State
2737	Implementation Plan developed pursuant to the requirements of
2738	the federal Clean Air Act.
2739
2740	In the development of its long-range transportation plan, each
2741	M.P.O. must provide the public, affected public agencies,
2742	representatives of transportation agency employees, freight
2743	shippers, providers of freight transportation services, private
2744	providers of transportation, representatives of users of public
2745	transit, and other interested parties with a reasonable
2746	opportunity to comment on the long-range transportation plan.
2747	The long-range transportation plan must be approved by the
2748	M.P.O.
2749	(7)  TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
2750	shall, in cooperation with the state and affected public
2751	transportation operators, develop a transportation improvement
2752	program for the area within the jurisdiction of the M.P.O. In
2753	the development of the transportation improvement program, each
2754	M.P.O. must provide the public, affected public agencies,
2755	representatives of transportation agency employees, freight
2756	shippers, providers of freight transportation services, private
2757	providers of transportation, representatives of users of public
2758	transit, and other interested parties with a reasonable
2759	opportunity to comment on the proposed transportation
2760	improvement program.
2761	(a)  Each M.P.O. is responsible for developing, annually, a
2762	list of project priorities and a transportation improvement
2763	program. The prevailing principles to be considered by each
2764	M.P.O. when developing a list of project priorities and a
2765	transportation improvement program are: preserving the existing
2766	transportation infrastructure; enhancing Florida's economic
2767	competitiveness; and improving travel choices to ensure
2768	mobility. The transportation improvement program will be used to
2769	initiate federally aided transportation facilities and
2770	improvements as well as other transportation facilities and
2771	improvements including transit, rail, aviation, spaceport, and
2772	port facilities to be funded from the State Transportation Trust
2773	Fund within its metropolitan area in accordance with existing
2774	and subsequent federal and state laws and rules and regulations
2775	related thereto. The transportation improvement program shall be
2776	consistent, to the maximum extent feasible, with the approved
2777	local government comprehensive plans of the units of local
2778	government whose boundaries are within the metropolitan area of
2779	the M.P.O. and include those projects programmed pursuant to s.
2780	339.28171.
2781	(b)  Each M.P.O. annually shall prepare a list of project
2782	priorities and shall submit the list to the appropriate district
2783	of the department by October 1 of each year; however, the
2784	department and a metropolitan planning organization may, in
2785	writing, agree to vary this submittal date. The list of project
2786	priorities must be formally reviewed by the technical and
2787	citizens' advisory committees, and approved by the M.P.O.,
2788	before it is transmitted to the district. The approved list of
2789	project priorities must be used by the district in developing
2790	the district work program and must be used by the M.P.O. in
2791	developing its transportation improvement program. The annual
2792	list of project priorities must be based upon project selection
2793	criteria that, at a minimum, consider the following:
2794	1.  The approved M.P.O. long-range transportation plan;
2795	2.  The Strategic Intermodal System Plan developed under s.
2796	339.64;.
2797	3.  The priorities developed pursuant to s. 339.28171;
2798	4.3.  The results of the transportation management systems;
2799	and
2800	5.4.  The M.P.O.'s public-involvement procedures.
2801	(c)  The transportation improvement program must, at a
2802	minimum:
2803	1.  Include projects and project phases to be funded with
2804	state or federal funds within the time period of the
2805	transportation improvement program and which are recommended for
2806	advancement during the next fiscal year and 4 subsequent fiscal
2807	years. Such projects and project phases must be consistent, to
2808	the maximum extent feasible, with the approved local government
2809	comprehensive plans of the units of local government located
2810	within the jurisdiction of the M.P.O. For informational
2811	purposes, the transportation improvement program shall also
2812	include a list of projects to be funded from local or private
2813	revenues.
2814	2.  Include projects within the metropolitan area which are
2815	proposed for funding under 23 U.S.C. s. 134 of the Federal
2816	Transit Act and which are consistent with the long-range
2817	transportation plan developed under subsection (6).
2818	3.  Provide a financial plan that demonstrates how the
2819	transportation improvement program can be implemented; indicates
2820	the resources, both public and private, that are reasonably
2821	expected to be available to accomplish the program; identifies
2822	any innovative financing techniques that may be used to fund
2823	needed projects and programs; and may include, for illustrative
2824	purposes, additional projects that would be included in the
2825	approved transportation improvement program if reasonable
2826	additional resources beyond those identified in the financial
2827	plan were available. Innovative financing techniques may include
2828	the assessment of tolls, the use of value capture financing, or
2829	the use of value pricing. The transportation improvement program
2830	may include a project or project phase only if full funding can
2831	reasonably be anticipated to be available for the project or
2832	project phase within the time period contemplated for completion
2833	of the project or project phase.
2834	4.  Group projects and project phases of similar urgency
2835	and anticipated staging into appropriate staging periods.
2836	5.  Indicate how the transportation improvement program
2837	relates to the long-range transportation plan developed under
2838	subsection (6), including providing examples of specific
2839	projects or project phases that further the goals and policies
2840	of the long-range transportation plan.
2841	6.  Indicate whether any project or project phase is
2842	inconsistent with an approved comprehensive plan of a unit of
2843	local government located within the jurisdiction of the M.P.O.
2844	If a project is inconsistent with an affected comprehensive
2845	plan, the M.P.O. must provide justification for including the
2846	project in the transportation improvement program.
2847	7.  Indicate how the improvements are consistent, to the
2848	maximum extent feasible, with affected seaport, airport, and
2849	spaceport master plans and with public transit development plans
2850	of the units of local government located within the jurisdiction
2851	of the M.P.O. If a project is located within the boundaries of
2852	more than one M.P.O., the M.P.O.'s must coordinate plans
2853	regarding the project in the transportation improvement program.
2854	(d)  Projects included in the transportation improvement
2855	program and that have advanced to the design stage of
2856	preliminary engineering may be removed from or rescheduled in a
2857	subsequent transportation improvement program only by the joint
2858	action of the M.P.O. and the department. Except when recommended
2859	in writing by the district secretary for good cause, any project
2860	removed from or rescheduled in a subsequent transportation
2861	improvement program shall not be rescheduled by the M.P.O. in
2862	that subsequent program earlier than the 5th year of such
2863	program.
2864	(e)  During the development of the transportation
2865	improvement program, the M.P.O. shall, in cooperation with the
2866	department and any affected public transit operation, provide
2867	citizens, affected public agencies, representatives of
2868	transportation agency employees, freight shippers, providers of
2869	freight transportation services, private providers of
2870	transportation, representatives of users of public transit, and
2871	other interested parties with reasonable notice of and an
2872	opportunity to comment on the proposed program.
2873	(f)  The adopted annual transportation improvement program
2874	for M.P.O.'s in nonattainment or maintenance areas must be
2875	submitted to the district secretary and the Department of
2876	Community Affairs at least 90 days before the submission of the
2877	state transportation improvement program by the department to
2878	the appropriate federal agencies. The annual transportation
2879	improvement program for M.P.O.'s in attainment areas must be
2880	submitted to the district secretary and the Department of
2881	Community Affairs at least 45 days before the department submits
2882	the state transportation improvement program to the appropriate
2883	federal agencies; however, the department, the Department of
2884	Community Affairs, and a metropolitan planning organization may,
2885	in writing, agree to vary this submittal date. The Governor or
2886	the Governor's designee shall review and approve each
2887	transportation improvement program and any amendments thereto.
2888	(g)  The Department of Community Affairs shall review the
2889	annual transportation improvement program of each M.P.O. for
2890	consistency with the approved local government comprehensive
2891	plans of the units of local government whose boundaries are
2892	within the metropolitan area of each M.P.O. and shall identify
2893	those projects that are inconsistent with such comprehensive
2894	plans. The Department of Community Affairs shall notify an
2895	M.P.O. of any transportation projects contained in its
2896	transportation improvement program which are inconsistent with
2897	the approved local government comprehensive plans of the units
2898	of local government whose boundaries are within the metropolitan
2899	area of the M.P.O.
2900	(h)  The M.P.O. shall annually publish or otherwise make
2901	available for public review the annual listing of projects for
2902	which federal funds have been obligated in the preceding year.
2903	Project monitoring systems must be maintained by those agencies
2904	responsible for obligating federal funds and made accessible to
2905	the M.P.O.'s.
2906	(8)  UNIFIED PLANNING WORK PROGRAM.--Each M.P.O. shall
2907	develop, in cooperation with the department and public
2908	transportation providers, a unified planning work program that
2909	lists all planning tasks to be undertaken during the program
2910	year. The unified planning work program must provide a complete
2911	description of each planning task and an estimated budget
2912	therefor and must comply with applicable state and federal law.
2913	(9)  AGREEMENTS.--
2914	(a)  Each M.P.O. shall execute the following written
2915	agreements, which shall be reviewed, and updated as necessary,
2916	every 5 years:
2917	1.  An agreement with the department clearly establishing
2918	the cooperative relationship essential to accomplish the
2919	transportation planning requirements of state and federal law.
2920	2.  An agreement with the metropolitan and regional
2921	intergovernmental coordination and review agencies serving the
2922	metropolitan areas, specifying the means by which activities
2923	will be coordinated and how transportation planning and
2924	programming will be part of the comprehensive planned
2925	development of the area.
2926	3.  An agreement with operators of public transportation
2927	systems, including transit systems, commuter rail systems,
2928	airports, seaports, and spaceports, describing the means by
2929	which activities will be coordinated and specifying how public
2930	transit, commuter rail, aviation, seaport, and aerospace
2931	planning and programming will be part of the comprehensive
2932	planned development of the metropolitan area.
2933	(b)  An M.P.O. may execute other agreements required by
2934	state or federal law or as necessary to properly accomplish its
2935	functions.
2936	(10)  METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.-
2937	-
2938	(a)  A Metropolitan Planning Organization Advisory Council
2939	is created to augment, and not supplant, the role of the
2940	individual M.P.O.'s in the cooperative transportation planning
2941	process described in this section.
2942	(b)  The council shall consist of one representative from
2943	each M.P.O. and shall elect a chairperson annually from its
2944	number. Each M.P.O. shall also elect an alternate representative
2945	from each M.P.O. to vote in the absence of the representative.
2946	Members of the council do not receive any compensation for their
2947	services, but may be reimbursed from funds made available to
2948	council members for travel and per diem expenses incurred in the
2949	performance of their council duties as provided in s. 112.061.
2950	(c)  The powers and duties of the Metropolitan Planning
2951	Organization Advisory Council are to:
2952	1.  Enter into contracts with individuals, private
2953	corporations, and public agencies.
2954	2.  Acquire, own, operate, maintain, sell, or lease
2955	personal property essential for the conduct of business.
2956	3.  Accept funds, grants, assistance, gifts, or bequests
2957	from private, local, state, or federal sources.
2958	4.  Establish bylaws and adopt rules pursuant to ss.
2959	120.536(1) and 120.54 to implement provisions of law conferring
2960	powers or duties upon it.
2961	5.  Assist M.P.O.'s in carrying out the urbanized area
2962	transportation planning process by serving as the principal
2963	forum for collective policy discussion pursuant to law.
2964	6.  Serve as a clearinghouse for review and comment by
2965	M.P.O.'s on the Florida Transportation Plan and on other issues
2966	required to comply with federal or state law in carrying out the
2967	urbanized area transportation and systematic planning processes
2968	instituted pursuant to s. 339.155.
2969	7.  Employ an executive director and such other staff as
2970	necessary to perform adequately the functions of the council,
2971	within budgetary limitations. The executive director and staff
2972	are exempt from part II of chapter 110 and serve at the
2973	direction and control of the council. The council is assigned to
2974	the Office of the Secretary of the Department of Transportation
2975	for fiscal and accountability purposes, but it shall otherwise
2976	function independently of the control and direction of the
2977	department.
2978	8.  Adopt an agency strategic plan that provides the
2979	priority directions the agency will take to carry out its
2980	mission within the context of the state comprehensive plan and
2981	any other statutory mandates and directions given to the agency.
2982	(11)  APPLICATION OF FEDERAL LAW.--Upon notification by an
2983	agency of the Federal Government that any provision of this
2984	section conflicts with federal laws or regulations, such federal
2985	laws or regulations will take precedence to the extent of the
2986	conflict until such conflict is resolved. The department or an
2987	M.P.O. may take any necessary action to comply with such federal
2988	laws and regulations or to continue to remain eligible to
2989	receive federal funds.
2990	Section 19.  Section 339.28171, Florida Statutes, is
2991	created to read:
2992	339.28171  Transportation Incentive Program for a
2993	Sustainable Florida.--
2994	(1)  There is created within the Department of
2995	Transportation a Transportation Incentive Program for a
2996	Sustainable Florida, which may be cited as TRIP for a
2997	Sustainable Florida, for the purpose of providing grants to
2998	local governments to improve a transportation facility or system
2999	which addresses an identified concurrency management system
3000	backlog or relieve traffic congestion in urban infill and
3001	redevelopment areas. Bridge projects off of the State Highway
3002	System are eligible to receive funding from this program.
3003	(2)  To be eligible for consideration, projects must be
3004	consistent with local government comprehensive plans, the
3005	transportation improvement program of the applicable
3006	metropolitan organization, and the Strategic Intermodal System
3007	plan developed in accordance with s. 339.64.
3008	(3)  The funds shall be distributed by the department to
3009	each district in accordance with the statutory formula pursuant
3010	to s. 339.135(4). The district secretary shall use the following
3011	criteria to evaluate the project applications:
3012	(a)  The level of local government funding efforts.
3013	(b)  The level of local, regional, or private financial
3014	matching funds as a percentage of the overall project cost.
3015	(c)  The ability of local government to rapidly address
3016	project construction.
3017	(d)  The level of municipal and county agreement on the
3018	scope of the proposed project.
3019	(e)  Whether the project is located within and supports the
3020	objectives of an urban infill area, a community redevelopment
3021	area, an urban redevelopment area, or a concurrency management
3022	area.
3023	(f)  The extent to which the project would foster public-
3024	private partnerships and investment.
3025	(g)  The extent to which the project protects
3026	environmentally sensitive areas.
3027	(h)  The extent to which the project would support urban
3028	mobility, including public transit systems, the use of new
3029	technologies, and the provision of bicycle facilities or
3030	pedestrian pathways.
3031	(i)  The extent to which the project implements a regional
3032	transportation plan developed in accordance with s.
3033	339.155(2)(c), (d), and (e).
3034	(j)  Whether the project is subject to a local ordinance
3035	that establishes corridor management techniques, including
3036	access management strategies, right-of-way acquisition and
3037	protection measures, appropriate land use strategies, zoning,
3038	and setback requirements for adjacent land uses.
3039	(k)  Whether or not the local government has adopted a
3040	vision pursuant to s. 163.3167(11) either prior to or after the
3041	effective date of this act.
3042	(4)  As part of the project application, the local
3043	government shall demonstrate how the proposed project implements
3044	a capital improvement element and a long-term transportation
3045	concurrency system, if applicable, to address the existing
3046	capital improvement element backlogs.
3047	(5)  The percentage of matching funds available to
3048	applicants shall be based on the following:
3049	(a)  For projects that provide capacity on the Strategic
3050	Intermodal System, the percentage shall be 35 percent.
3051	(b)  For projects that provide capacity on regionally
3052	significant transportation facilities identified in s.
3053	339.155(2)(c), (d), and (e), the percentage shall be 50 percent
3054	or up to 50 percent of the nonfederal share of the eligible
3055	project costs for a public transportation facility project. For
3056	off-system bridges, the percentage shall be 50 percent. Projects
3057	to be funded pursuant to this paragraph shall, at a minimum meet
3058	the following additional criteria:
3059	1.  Support those transportation facilities that serve
3060	national, statewide, or regional functions and function as an
3061	integrated regional transportation system.
3062	2.  Be identified in the capital improvements element of a
3063	comprehensive plan that has been determined to be in compliance
3064	with part II of chapter 163, after the effective date of this
3065	act, or to implement a long-term concurrency management system
3066	adopted a local government in accordance with s. 163.3177(9).
3067	3.  Provide connectivity to the Strategic Intermodal System
3068	designated pursuant to s. 339.64.
3069	4.  Support economic development and the movement of goods
3070	in areas of critical economic concern designated pursuant to s.
3071	288.0656(7).
3072	5.  Improve connectivity between military installations and
3073	the Strategic Highway Network or the Strategic Rail Corridor
3074	Network.
3075	6.  For off-system bridge projects to replaced,
3076	rehabilitate, paint, or install scour countermeasures to highway
3077	bridges located on public roads, other than those on a federal-
3078	aid highway, such projects shall, at a minimum:
3079	(a)  Be classified as a structurally deficient bridge with
3080	a poor condition rating for either the deck, superstructure, or
3081	substructure component, or culvert.
3082	(b)  Have a sufficiency rating of 35 or below.
3083	(c)  Have average daily traffic of at least 500 vehicles.
3084
3085	Special consideration shall be given to bridges that are closed
3086	to all traffic or that have a load restriction of less than 10
3087	tons.
3088	(c)  For local projects that demonstrate capacity
3089	improvements in the urban service boundary, urban infill, or
3090	urban redevelopment area or provide such capacity replacement to
3091	the State Intrastate Highway System, the percentage shall be 65
3092	percent.
3093	(6)  The department may administer contracts at the request
3094	of a local government selected to receive funding for a project
3095	under this section. All projects funded under this section shall
3096	be included in the department's work program developed pursuant
3097	to s. 339.135.
3098	Section 20.  Subsection (1) and paragraph (c) of subsection
3099	(4) of section 339.2818, Florida Statutes, are amended to read:
3100	339.2818  Small County Outreach Program.--
3101	(1)  There is created within the Department of
3102	Transportation the Small County Outreach Program. The purpose of
3103	this program is to assist small county governments to improve a
3104	transportation facility or system which addresses identified
3105	concurrency management system backlog and relieves traffic
3106	congestion, or to assist in resurfacing or reconstructing county
3107	roads or in constructing capacity or safety improvements to
3108	county roads.
3109	(4)
3110	(c)  The following criteria shall be used to prioritize
3111	road projects for funding under the program:
3112	1.  The primary criterion is the physical condition of the
3113	road as measured by the department.
3114	1.2.  As secondary criteria The department may consider:
3115	a.  Whether a road is used as an evacuation route.
3116	b.  Whether a road has high levels of agricultural travel.
3117	c.  Whether a road is considered a major arterial route.
3118	d.  Whether a road is considered a feeder road.
3119	e.  Other criteria related to the impact of a project on
3120	the public road system or on the state or local economy as
3121	determined by the department.
3122	2.  As secondary criteria, the department may consider the
3123	physical condition of the road as measured by the department.
3124	Section 21.  Section 339.55, Florida Statutes, is amended
3125	to read:
3126	339.55  State-funded infrastructure bank.--
3127	(1)  There is created within the Department of
3128	Transportation a state-funded infrastructure bank for the
3129	purpose of providing loans and credit enhancements to government
3130	units and private entities for use in constructing and improving
3131	transportation facilities.
3132	(2)  The bank may lend capital costs or provide credit
3133	enhancements for:
3134	(a)  A transportation facility project that is on the State
3135	Highway System or that provides for increased mobility on the
3136	state's transportation system or provides intermodal
3137	connectivity with airports, seaports, rail facilities, and other
3138	transportation terminals, pursuant to s. 341.053, for the
3139	movement of people and goods.
3140	(b)  Transportation Incentive Program for a Sustainable
3141	Florida projects identified pursuant to s. 339.28171.
3142	(3)  Loans from the bank may be subordinated to senior
3143	project debt that has an investment grade rating of "BBB" or
3144	higher.
3145	(4)(3)  Loans from the bank may bear interest at or below
3146	market interest rates, as determined by the department.
3147	Repayment of any loan from the bank shall commence not later
3148	than 5 years after the project has been completed or, in the
3149	case of a highway project, the facility has opened to traffic,
3150	whichever is later, and shall be repaid in no more than 30
3151	years.
3152	(5)(4)  Except as provided in s. 339.137, To be eligible
3153	for consideration, projects must be consistent, to the maximum
3154	extent feasible, with local metropolitan planning organization
3155	plans and local government comprehensive plans and must provide
3156	a dedicated repayment source to ensure the loan is repaid to the
3157	bank.
3158	(6)  Funding awarded for projects under paragraph (2)(b)
3159	must be matched by a minimum of 25 percent from funds other than
3160	the state-funded infrastructure bank loan.
3161	(7)(5)  The department may consider, but is not limited to,
3162	the following criteria for evaluation of projects for assistance
3163	from the bank:
3164	(a)  The credit worthiness of the project.
3165	(b)  A demonstration that the project will encourage,
3166	enhance, or create economic benefits.
3167	(c)  The likelihood that assistance would enable the
3168	project to proceed at an earlier date than would otherwise be
3169	possible.
3170	(d)  The extent to which assistance would foster innovative
3171	public-private partnerships and attract private debt or equity
3172	investment.
3173	(e)  The extent to which the project would use new
3174	technologies, including intelligent transportation systems, that
3175	would enhance the efficient operation of the project.
3176	(f)  The extent to which the project would maintain or
3177	protect the environment.
3178	(g)  A demonstration that the project includes
3179	transportation benefits for improving intermodalism, cargo and
3180	freight movement, and safety.
3181	(h)  The amount of the proposed assistance as a percentage
3182	of the overall project costs with emphasis on local and private
3183	participation.
3184	(i)  The extent to which the project will provide for
3185	connectivity between the State Highway System and airports,
3186	seaports, rail facilities, and other transportation terminals
3187	and intermodal options pursuant to s. 341.053 for the increased
3188	accessibility and movement of people and goods.
3189	(8)(6)  Loan assistance provided by the bank shall be
3190	included in the department's work program developed in
3191	accordance with s. 339.135.
3192	(9)(7)  The department is authorized to adopt rules to
3193	implement the state-funded infrastructure bank.
3194	Section 22.  Section 373.19615, Florida Statutes, is
3195	created to read:
3196	373.19615  Florida's Sustainable Water Supplies Program.--
3197	(1)  There is hereby created "Florida's Sustainable Water
3198	Water Supplies Program." The Legislature recognizes that alterna
3199	alternative water supply projects are more expensive to develop
3200	compared to traditional water supply projects. As Florida's
3201	population continues to grow, the need for alternative water
3202	supplies is also growing as our groundwater supplies in portions
3203	of the state are decreasing. Beginning in fiscal year 2005-2006,
3204	the state shall annually appropriate $100 million for the
3205	purpose of providing funding assistance to local governments for
3206	the development of alternative water supply projects. At the
3207	beginning of each fiscal year, beginning with fiscal year 2005-
3208	2006, such revenues shall be distributed to the Department of
3209	Environmental Protection. The department shall then distribute
3210	the revenues into alternative water supply accounts created by
3211	the department for each district for the purpose of alternative
3212	water supply development under the following funding formula:
3213	1.  Forty percent to the South Florida Water Management
3214	District.
3215	2.  Twenty-five percent to the Southwest Florida Water
3216	Management District.
3217	3.  Twenty-five percent to the St. Johns River Water
3218	Management District.
3219	4.  Five percent to the Suwannee River Water Management
3220	District.
3221	5.  Five percent to the Northwest Florida Water Management
3222	District.
3223	(2)  For the purposes of this section, the following
3224	definitions shall apply:
3225	(a)  "Alternative water supplies" includes saltwater;
3226	brackish surface and groundwater; surface water captured
3227	predominantly during wet-weather flows; sources made available
3228	through the addition of new storage capacity for surface or
3229	groundwater; water that has been reclaimed after one or more
3230	public supply, municipal, industrial, commercial, or
3231	agricultural uses; stormwater; and any other water supply source
3232	that is designated as non-traditional for a water supply
3233	planning region in the applicable regional water supply plan
3234	developed under s. 373.0361.
3235	(b)  "Capital costs" means planning, design, engineering,
3236	and project construction costs.
3237	(c)  "Local government" means any municipality, county,
3238	special district, regional water supply authority, or
3239	multijurisdictional entity, or an agency thereof, or a
3240	combination of two or more of the foregoing acting jointly with
3241	an alternative water supply project.
3242	(3)  To be eligible for assistance in funding capital costs
3243	of alternative water supply projects under this program, the
3244	water management district governing board must select those
3245	alternative water supply projects that will receive financial
3246	assistance. The water management district governing board shall
3247	establish factors to determine project funding.
3248	(a)  Significant weight shall be given to the following
3249	factors:
3250	1.  Whether the project provides substantial environmental
3251	benefits by preventing or limiting adverse water resource
3252	impacts.
3253	2.  Whether the project reduces competition for water
3254	supplies.
3255	3.  Whether the project brings about replacement of
3256	traditional sources in order to help implement a minimum flow or
3257	level or a reservation.
3258	4.  Whether the project will be implemented by a
3259	consumptive use permittee that has achieved the targets
3260	contained in a goal-based water conservation program approved
3261	pursuant to s. 373.227.
3262	5.  The quantity of water supplied by the project as
3263	compared to its cost.
3264	6.  Projects in which the construction and delivery to end
3265	users of reuse water are major components.
3266	7.  Whether the project will be implemented by a
3267	multijurisdictional water supply entity or regional water supply
3268	authority.
3269	(b)  Additional factors to be considered in determining
3270	project funding shall include:
3271	1.  Whether the project is part of a plan to implement two
3272	or more alternative water supply projects, all of which will be
3273	operated to produce water at a uniform rate for the participants
3274	in a multijurisdictional water supply entity or regional water
3275	supply authority.
3276	2.  The percentage of project costs to be funded by the
3277	water supplier or water user.
3278	3.  Whether the project proposal includes sufficient
3279	preliminary planning and engineering to demonstrate that the
3280	project can reasonably be implemented within the timeframes
3281	provided in the regional water supply plan.
3282	4.  Whether the project is a subsequent phase of an
3283	alternative water supply project underway.
3284	5.  Whether and in what percentage a local government or
3285	local government utility is transferring water supply system
3286	revenues to the local government general fund in excess of
3287	reimbursements for services received from the general fund
3288	including direct and indirect costs and legitimate payments in
3289	lieu of taxes.
3290	(4)(a)  All projects submitted to the governing board for
3291	consideration shall reflect the total cost for implementation.
3292	The costs shall be segregated pursuant to the categories
3293	described in the definition of capital costs.
3294	(b)  Applicants for projects that receive funding
3295	assistance pursuant to this section shall be required to pay 33
3296	1/3 percent of the project's total capital costs.
3297	(c)  The water management district shall be required to pay
3298	33 1/3 percent of the project's total capital costs.
3299	(5)  After conducting one or more meetings to solicit
3300	public input on eligible projects for implementation of
3301	alternative water supply projects, the governing board of each
3302	water management district shall select projects for funding
3303	assistance based upon the above criteria. The governing board
3304	may select a project identified or listed as an alternative
3305	water supply development project in the regional water supply
3306	plan, or may select an alternative water supply projects not
3307	identified or listed in the regional water supply plan but which
3308	are consistent with the goals of the plans.
3309	(6)  Once an alternative water supply project is selected
3310	by the governing board, the applicant and the water management
3311	district must, in writing, each commit to a financial
3312	contribution of 33 1/3 percent of the project's total capital
3313	costs. The water management district shall then submit a request
3314	for distribution of revenues held by the department in the
3315	district's alternative water supply account. The request must
3316	include the amount of current and projected water demands within
3317	the water management district, the additional water made
3318	available by the project, the date the water will be made
3319	available, and the applicant's and water management district's
3320	district's financial commitment for the alternative water
3321	supply project. Upon receipt of a request from a water
3322	management district, the department shall determine whether the
3323	alternative water supply project meets the department's criteria
3324	for financial assistance. The department shall establish factors
3325	to determine whether state financial assistance for an
3326	alternative water supply project shall be granted.
3327	(a)  Significant weight shall be given to the following
3328	factors:
3329	1.  Whether the project provides substantial environmental
3330	benefits by preventing or limiting adverse water resource
3331	impacts.
3332	2.  Whether the project reduces competition for water
3333	supplies.
3334	3.  Whether the project brings about replacement of
3335	traditional sources in order to help implement a minimum flow or
3336	level or a reservation.
3337	4.  Whether the project will be implemented by a
3338	consumptive use permittee that has achieved the targets
3339	contained in a goal-based water conservation program approved
3340	pursuant to s. 373.227.
3341	5.  The quantity of water supplied by the project as
3342	compared to its cost.
3343	6.  Projects in which the construction and delivery to end
3344	users of reuse water are major components.
3345	7.  Whether the project will be implemented by a
3346	multijurisdictional water supply entity or regional water supply
3347	authority.
3348	(b)  Additional factors to be considered in determining
3349	project funding shall include:
3350	1.  Whether the project is part of a plan to implement two
3351	or more alternative water supply projects, all of which will be
3352	operated to produce water at a uniform rate for the participants
3353	in a multijurisdictional water supply entity or regional water
3354	supply authority.
3355	2.  The percentage of project costs to be funded by the
3356	water supplier or water user.
3357	3.  Whether the project proposal includes sufficient
3358	preliminary planning and engineering to demonstrate that the
3359	project can reasonably be implemented within the timeframes
3360	provided in the regional water supply plan.
3361	4.  Whether the project is a subsequent phase of an
3362	alternative water supply project underway.
3363	5.  Whether and in what percentage a local government or
3364	local government utility is transferring water supply system
3365	revenues to the local government general fund in excess of
3366	reimbursements for services received from the general fund
3367	including direct and indirect costs and legitimate payments in
3368	lieu of taxes.
3369
3370	If the department determines that the project should receive
3371	financial assistance, the department shall distribute to the
3372	water management district 33 1/3 percent of the total capital
3373	costs from the district's alternative water supply account.
3374	Section 23.  Section 373.19616, Florida Statutes, is
3375	created to read:
3376	373.19616  Water Transition Assistance Program.--
3377	(1)  The Legislature recognizes that as a result of
3378	Florida's increasing population, there are limited ground water
3379	resources in some portions of the state to serve increased water
3380	quantities demands. As a result, a transition from ground water
3381	supply to more expensive alternative water supply is necessary.
3382	The purpose of this section is to assist local governments by
3383	establishing a low-interest revolving loan program for
3384	infrastructure financing for alternative water supplies.
3385	(2)  For purposes of this section, the term:
3386	(a)  "Alternative water supplies" has the same meaning as
3387	provided in s. 373.19615(2).
3388	(b)  "Local government" has the same meaning as provided in
3389	s. 373.19615(2).
3390	(3)  The Department of Environmental Protection is
3391	authorized to make loans to local governments to assist them in
3392	planning, designing, and constructing alternative water supply
3393	projects. The department may provide loan guarantees, purchase
3394	loan insurance, and refinance local debt through issue of new
3395	loans for alternative water supply projects approved by the
3396	department. Local governments may borrow funds made available
3397	pursuant to this section and may pledge any revenues or other
3398	adequate security available to them to repay any funds borrowed.
3399	(4)  The term of loans made pursuant to this section shall
3400	not exceed 30 years. The interest rate on such loans shall be no
3401	greater than that paid on the last bonds sold pursuant to s. 14,
3402	Art. VII of the State Constitution.
3403	(5)  In order to ensure that public moneys are managed in
3404	an equitable and prudent manner, the total amount of money
3405	loaned to any local government during a fiscal year shall be no
3406	more than 25 percent of the total funds available for making
3407	loans during that year. The minimum amount of a loan shall be
3408	$75,000.
3409	(6)  The department may adopt rules that:
3410	(a)  Set forth a priority system for loans based on factors
3411	provided for in s. 373.19615(6)(a) and (b).
3412	(b)  Establish the requirements for the award and repayment
3413	of financial assistance.
3414	(c)  Require adequate security to ensure that each loan
3415	recipient can meet its loan payment requirements.
3416	(d)  Establish, at the department's discretion, a specific
3417	percentage of funding, not to exceed 20 percent, for financially
3418	disadvantaged communities for the development of alternative
3419	water supply projects. The department shall include within the
3420	rule a definition of the term "financially disadvantaged
3421	community," and the criteria for determining whether the project
3422	serves a financially disadvantaged community. Such criteria
3423	shall be based on the median household income of the service
3424	population or other reliably documented measures of
3425	disadvantaged status.
3426	(e)  Require each project receiving financial assistance to
3427	be cost-effective, environmentally sound, implementable, and
3428	self-supporting.
3429	(7)  The department shall prepare a report at the end of
3430	each fiscal year detailing the financial assistance provided
3431	under this section and outstanding loans.
3432	(8)  Prior to approval of a loan, the local government
3433	shall, at a minimum:
3434	(a)  Provide a repayment schedule.
3435	(b)  Submit evidence of the ability of the project proposed
3436	for financial assistance to be permitted and implemented.
3437	(c)  Submit plans and specifications, biddable contract
3438	documents, or other documentation of appropriate procurement of
3439	goods and services.
3440	(d)  Provide assurance that records will be kept using
3441	generally accepted accounting principles and that the department
3442	or its agent and the Auditor General will have access to all
3443	records pertaining to the loan.
3444	(9)  The department may conduct an audit of the loan
3445	project upon completion or may require that a separate project
3446	audit, prepared by an independent certified public accountant,
3447	be submitted.
3448	(10)  The department may require reasonable service fees on
3449	loans made to local governments to ensure that the program will
3450	be operated in perpetuity and to implement the purposes
3451	authorized under this section. Service fees shall not be more
3452	than 4 percent of the loan amount exclusive of the service fee.
3453	The fee revenues, and interest earnings thereon, shall be used
3454	exclusively to carry out the purposes of this section.
3455	(11)  All moneys available for financial assistance under
3456	this section shall be appropriated to the department exclusively
3457	to carry out this program. The principal and interest of all
3458	loans repaid and interest shall be used exclusively to carry out
3459	this section.
3460	(12)(a)  If a local government agency defaults under the
3461	terms of its loan agreement, the department shall certify the
3462	default to the Chief Financial Officer, shall forward the
3463	delinquent amount to the department from any unobligated funds
3464	due to the local government agency under any revenue-sharing or
3465	tax-sharing fund established by the state, except as otherwise
3466	provided by the State Constitution. Certification of delinquency
3467	shall not limit the department from pursuing other remedies
3468	available for default on a loan, including accelerating loan
3469	repayments, eliminating all or part of the interest rate subsidy
3470	on the loan, and court appointment of a receiver to manage
3471	alternative water supply project.
3472	(b)  The department may impose penalty for delinquent local
3473	payments in the amount of 6 percent of the amount due, in
3474	addition to charging the cost to handle and process the debt.
3475	Penalty interest shall accrue on any amount due and payable
3476	beginning on the 30th day following the date upon which payment
3477	is due.
3478	(13)  The department may terminate or rescind a financial
3479	assistance agreement when the local government fails to comply
3480	with the terms and conditions of the agreement.
3481	Section 24.  Paragraphs (l) and (m) are added to subsection
3482	(24) of section 380.06, Florida Statutes, to read:
3483	380.06  Developments of regional impact.--
3484	(24)  STATUTORY EXEMPTIONS.--
3485	(l)  Any proposed development or redevelopment within an
3486	area designated for:
3487	1.  Urban infill development as designated in the
3488	comprehensive plan;
3489	2.  Urban redevelopment as designated in the comprehensive
3490	plan;
3491	3.  Downtown revitalization as designated in the
3492	comprehensive plan; or
3493	4.  Urban infill and redevelopment under s. 163.2517 as
3494	designated in the comprehensive plan,
3495
3496	is exempt from the provisions of this section. However, a
3497	municipality with a population of 7,500 or fewer may elect, upon
3498	adoption of an ordinance, to not have this exemption apply
3499	within its boundaries. A copy of such ordinance shall be
3500	transmitted to the state land planning agency and the applicable
3501	regional planning council.
3502	(m)  Any proposed development within a rural land
3503	stewardship area created pursuant to s. 163.3177(11)(d) is
3504	exempt from the provisions of this section.
3505	Section 25.  Section 380.115, Florida Statutes, is amended
3506	to read:
3507	380.115  Vested rights and duties; effect of size
3508	reduction; changes in guidelines and standards chs. 2002-20 and
3509	2002-296.--
3510	(1)  A change in a development of regional impact guideline
3511	or standard does not abridge or modify Nothing contained in this
3512	act abridges or modifies any vested or other right or any duty
3513	or obligation pursuant to any development order or agreement
3514	that is applicable to a development of regional impact on the
3515	effective date of this act. A development that has received a
3516	development-of-regional-impact development order pursuant to s.
3517	380.06, but would is no longer be required to undergo
3518	development-of-regional-impact review by operation of a change
3519	in the guidelines and standards or has reduced its size below
3520	the thresholds in s. 380.0651 this act, shall be governed by the
3521	following procedures:
3522	(a)  The development shall continue to be governed by the
3523	development-of-regional-impact development order and may be
3524	completed in reliance upon and pursuant to the development order
3525	unless the developer or landowner has followed the procedures
3526	for rescission in paragraph (b). The development-of-regional-
3527	impact development order may be enforced by the local government
3528	as provided by ss. 380.06(17) and 380.11.
3529	(b)  If requested by the developer or landowner, the
3530	development-of-regional-impact development order shall may be
3531	rescinded by the local government with jurisdiction upon a
3532	showing by clear and convincing evidence that all required
3533	mitigation relating to the amount of development existing on the
3534	date of rescission has been completed abandoned pursuant to the
3535	process in s. 380.06(26).
3536	(2)  A development with an application for development
3537	approval pending, and determined sufficient pursuant to s.
3538	380.06(10), on the effective date of a change to the guidelines
3539	and standards this act, or a notification of proposed change
3540	pending on the effective date of a change to the guidelines and
3541	standards this act, may elect to continue such review pursuant
3542	to s. 380.06. At the conclusion of the pending review, including
3543	any appeals pursuant to s. 380.07, the resulting development
3544	order shall be governed by the provisions of subsection (1).
3545	(3)  A landowner that has filed an application for a
3546	development of regional impact review prior to the adoption of
3547	an optional sector plan pursuant to s. 163.3245 may elect to
3548	have the application reviewed pursuant to s. 380.06,
3549	comprehensive plan provisions in force prior to adoption of the
3550	sector plan and any requested comprehensive plan amendments that
3551	accompany the application.
3552	Section 26.  The Office of Program Policy Analysis and
3553	Government Accountability shall conduct a study on adjustments
3554	to the boundaries of regional planning councils, water
3555	management districts, and transportation districts. The purpose
3556	of the study is to organize these regional boundaries, without
3557	eliminating any regional agency, to be more coterminous with one
3558	another, creating a more unified system of regional boundaries.
3559	The study must be completed by December 31, 2005, and a study
3560	report submitted to the President of the Senate, the Speaker of
3561	the House of Representatives, and the Governor and the Century
3562	Commission for a Sustainable Florida by January 15, 2006.
3563	Section 27.  Subsections (2), (3), (6), and (12) of section
3564	1013.33, Florida Statutes, are amended to read:
3565	1013.33  Coordination of planning with local governing
3566	bodies.--
3567	(2)(a)  The school board, county, and nonexempt
3568	municipalities located within the geographic area of a school
3569	district shall enter into an interlocal agreement that jointly
3570	establishes the specific ways in which the plans and processes
3571	of the district school board and the local governments are to be
3572	coordinated. Any updated The interlocal agreements and
3573	amendments to such agreements shall be submitted to the state
3574	land planning agency and the Office of Educational Facilities
3575	and the SMART Schools Clearinghouse in accordance with a
3576	schedule published by the state land planning agency pursuant to
3577	s. 163.3177(12)(h).
3578	(b)  The schedule must establish staggered due dates for
3579	submission of interlocal agreements that are executed by both
3580	the local government and district school board, commencing on
3581	March 1, 2003, and concluding by December 1, 2004, and must set
3582	the same date for all governmental entities within a school
3583	district. However, if the county where the school district is
3584	located contains more than 20 municipalities, the state land
3585	planning agency may establish staggered due dates for the
3586	submission of interlocal agreements by these municipalities. The
3587	schedule must begin with those areas where both the number of
3588	districtwide capital-outlay full-time-equivalent students equals
3589	80 percent or more of the current year's school capacity and the
3590	projected 5-year student growth rate is 1,000 or greater, or
3591	where the projected 5-year student growth rate is 10 percent or
3592	greater.
3593	(b)(c)  If the student population has declined over the 5-
3594	year period preceding the due date for submittal of an
3595	interlocal agreement by the local government and the district
3596	school board, the local government and district school board may
3597	petition the state land planning agency for a waiver of one or
3598	more of the requirements of subsection (3). The waiver must be
3599	granted if the procedures called for in subsection (3) are
3600	unnecessary because of the school district's declining school
3601	age population, considering the district's 5-year work program
3602	prepared pursuant to s. 1013.35. The state land planning agency
3603	may modify or revoke the waiver upon a finding that the
3604	conditions upon which the waiver was granted no longer exist.
3605	The district school board and local governments must submit an
3606	interlocal agreement within 1 year after notification by the
3607	state land planning agency that the conditions for a waiver no
3608	longer exist.
3609	(c)(d)  Interlocal agreements between local governments and
3610	district school boards adopted pursuant to s. 163.3177 before
3611	the effective date of subsections (2)-(9) must be updated and
3612	executed pursuant to the requirements of subsections (2)-(9), if
3613	necessary. Amendments to interlocal agreements adopted pursuant
3614	to subsections (2)-(9) must be submitted to the state land
3615	planning agency within 30 days after execution by the parties
3616	for review consistent with subsections (3) and (4). Local
3617	governments and the district school board in each school
3618	district are encouraged to adopt a single updated interlocal
3619	agreement in which all join as parties. The state land planning
3620	agency shall assemble and make available model interlocal
3621	agreements meeting the requirements of subsections (2)-(9) and
3622	shall notify local governments and, jointly with the Department
3623	of Education, the district school boards of the requirements of
3624	subsections (2)-(9), the dates for compliance, and the sanctions
3625	for noncompliance. The state land planning agency shall be
3626	available to informally review proposed interlocal agreements.
3627	If the state land planning agency has not received a proposed
3628	interlocal agreement for informal review, the state land
3629	planning agency shall, at least 60 days before the deadline for
3630	submission of the executed agreement, renotify the local
3631	government and the district school board of the upcoming
3632	deadline and the potential for sanctions.
3633	(3)  At a minimum, The interlocal agreement must address
3634	the following issues required in s. 163.31777.:
3635	(a)  A process by which each local government and the
3636	district school board agree and base their plans on consistent
3637	projections of the amount, type, and distribution of population
3638	growth and student enrollment. The geographic distribution of
3639	jurisdiction-wide growth forecasts is a major objective of the
3640	process.
3641	(b)  A process to coordinate and share information relating
3642	to existing and planned public school facilities, including
3643	school renovations and closures, and local government plans for
3644	development and redevelopment.
3645	(c)  Participation by affected local governments with the
3646	district school board in the process of evaluating potential
3647	school closures, significant renovations to existing schools,
3648	and new school site selection before land acquisition. Local
3649	governments shall advise the district school board as to the
3650	consistency of the proposed closure, renovation, or new site
3651	with the local comprehensive plan, including appropriate
3652	circumstances and criteria under which a district school board
3653	may request an amendment to the comprehensive plan for school
3654	siting.
3655	(d)  A process for determining the need for and timing of
3656	onsite and offsite improvements to support new construction,
3657	proposed expansion, or redevelopment of existing schools. The
3658	process shall address identification of the party or parties
3659	responsible for the improvements.
3660	(e)  A process for the school board to inform the local
3661	government regarding school capacity. The capacity reporting
3662	must be consistent with laws and rules regarding measurement of
3663	school facility capacity and must also identify how the district
3664	school board will meet the public school demand based on the
3665	facilities work program adopted pursuant to s. 1013.35.
3666	(f)  Participation of the local governments in the
3667	preparation of the annual update to the school board's 5-year
3668	district facilities work program and educational plant survey
3669	prepared pursuant to s. 1013.35.
3670	(g)  A process for determining where and how joint use of
3671	either school board or local government facilities can be shared
3672	for mutual benefit and efficiency.
3673	(h)  A procedure for the resolution of disputes between the
3674	district school board and local governments, which may include
3675	the dispute resolution processes contained in chapters 164 and
3676	186.
3677	(i)  An oversight process, including an opportunity for
3678	public participation, for the implementation of the interlocal
3679	agreement.
3680
3681	A signatory to the interlocal agreement may elect not to include
3682	a provision meeting the requirements of paragraph (e); however,
3683	such a decision may be made only after a public hearing on such
3684	election, which may include the public hearing in which a
3685	district school board or a local government adopts the
3686	interlocal agreement. An interlocal agreement entered into
3687	pursuant to this section must be consistent with the adopted
3688	comprehensive plan and land development regulations of any local
3689	government that is a signatory.
3690	(6)  Any local government transmitting a public school
3691	element to implement school concurrency pursuant to the
3692	requirements of s. 163.3180 before July 1, 2005, the effective
3693	date of this section is not required to amend the element or any
3694	interlocal agreement to conform with the provisions of
3695	subsections (2)-(8) if the element is adopted prior to or within
3696	1 year after the effective date of subsections (2)-(8) and
3697	remains in effect.
3698	(12)  As early in the design phase as feasible and
3699	consistent with an interlocal agreement entered pursuant to
3700	subsections (2)-(8), but no later than 120 90 days before
3701	commencing construction, the district school board shall in
3702	writing request a determination of consistency with the local
3703	government's comprehensive plan. The local governing body that
3704	regulates the use of land shall determine, in writing within 45
3705	days after receiving the necessary information and a school
3706	board's request for a determination, whether a proposed
3707	educational facility is consistent with the local comprehensive
3708	plan and consistent with local land development regulations. If
3709	the determination is affirmative, school construction may
3710	commence and further local government approvals are not
3711	required, except as provided in this section. Failure of the
3712	local governing body to make a determination in writing within
3713	90 days after a district school board's request for a
3714	determination of consistency shall be considered an approval of
3715	the district school board's application. Campus master plans and
3716	development agreements must comply with the provisions of ss.
3717	1013.30 and 1013.63.
3718	Section 28.  Section 1013.352, Florida Statutes, is created
3719	to read:
3720	1013.352  Charter School Incentive Program for Sustainable
3721	Schools.--
3722	(1)  There is hereby created the "Charter School Incentive
3723	Program for Sustainable Schools." Recognizing that there is an
3724	increasing deficit in educational facilities in this state, the
3725	Legislature believes that there is a need for creativeness in
3726	planning and development of additional educational facilities.
3727	To assist with the development of educational facilities, those
3728	charter schools whose charters are approved within 18 months
3729	after the effective date of this act shall be eligible for state
3730	funds under the following conditions:
3731	(a)  The charter school is created to address school over-
3732	capacity issues or growth demands within the county.
3733	(b)  A joint letter from the district school board and the
3734	charter school has been submitted with the proposed charter
3735	school charter that provides that the school board authorized
3736	the charter school as a result of school overcrowding or growth
3737	demands within the county and the school board requests that the
3738	requirement of s. 1013.62(1)(a)1. are waived.
3739	(c)  The charter school has received an in-kind
3740	contribution or equivalent from an outside source other than the
3741	district school board that has been, at a minimum, equally
3742	matched by the district school board.
3743
3744	Notwithstanding s. 1013.62(7), if the above conditions apply,
3745	the Commissioner of Education, in consultation with the
3746	Department of Community Affairs shall distribute up to $3
3747	million per charter school based upon the amount of the in-kind
3748	contribution or functional equivalent from an outside source
3749	that has been matched by the district school board or the
3750	contribution or functional equivalent by the district school
3751	board, whichever amount is greater, up to $3 million. Under no
3752	conditions may the Commissioner of Education distribute funds to
3753	a newly chartered charter school that has not received an in-
3754	kind contribution or equivalent from an outside source other
3755	than the district school board and which has not been, at a
3756	minimum, equally matched by the district school board.
3757	(2)  A newly created charter school that receives
3758	distribution of funds under this program shall not be eligible
3759	for charter schools outlay funding under s. 1013.62.
3760	Section 29.  Subsection (2) of section 1013.64, Florida
3761	Statutes, is amended to read:
3762	1013.64  Funds for comprehensive educational plant needs;
3763	construction cost maximums for school district capital
3764	projects.--Allocations from the Public Education Capital Outlay
3765	and Debt Service Trust Fund to the various boards for capital
3766	outlay projects shall be determined as follows:
3767	(2)(a)  The department shall establish, as a part of the
3768	Public Education Capital Outlay and Debt Service Trust Fund, a
3769	separate account, in an amount determined by the Legislature, to
3770	be known as the "Special Facility Construction Account." The
3771	Special Facility Construction Account shall be used to provide
3772	necessary construction funds to school districts which have
3773	urgent construction needs but which lack sufficient resources at
3774	present, and cannot reasonably anticipate sufficient resources
3775	within the period of the next 3 years, for these purposes from
3776	currently authorized sources of capital outlay revenue. A school
3777	district requesting funding from the Special Facility
3778	Construction Account shall submit one specific construction
3779	project, not to exceed one complete educational plant, to the
3780	Special Facility Construction Committee. No district shall
3781	receive funding for more than one approved project in any 3-year
3782	period. The first year of the 3-year period shall be the first
3783	year a district receives an appropriation. The department shall
3784	encourage a construction program that reduces the average size
3785	of schools in the district. The request must meet the following
3786	criteria to be considered by the committee:
3787	1.  The project must be deemed a critical need and must be
3788	recommended for funding by the Special Facility Construction
3789	Committee. Prior to developing plans for the proposed facility,
3790	the district school board must request a preapplication review
3791	by the Special Facility Construction Committee or a project
3792	review subcommittee convened by the committee to include two
3793	representatives of the department and two staff from school
3794	districts not eligible to participate in the program. Within 60
3795	days after receiving the preapplication review request, the
3796	committee or subcommittee must meet in the school district to
3797	review the project proposal and existing facilities. To
3798	determine whether the proposed project is a critical need, the
3799	committee or subcommittee shall consider, at a minimum, the
3800	capacity of all existing facilities within the district as
3801	determined by the Florida Inventory of School Houses; the
3802	district's pattern of student growth; the district's existing
3803	and projected capital outlay full-time equivalent student
3804	enrollment as determined by the department; the district's
3805	existing satisfactory student stations; the use of all existing
3806	district property and facilities; grade level configurations;
3807	and any other information that may affect the need for the
3808	proposed project.
3809	2.  The construction project must be recommended in the
3810	most recent survey or surveys by the district under the rules of
3811	the State Board of Education.
3812	3.  The construction project must appear on the district's
3813	approved project priority list under the rules of the State
3814	Board of Education.
3815	4.  The district must have selected and had approved a site
3816	for the construction project in compliance with s. 1013.36 and
3817	the rules of the State Board of Education.
3818	5.  The district shall have developed a district school
3819	board adopted list of facilities that do not exceed the norm for
3820	net square feet occupancy requirements under the State
3821	Requirements for Educational Facilities, using all possible
3822	programmatic combinations for multiple use of space to obtain
3823	maximum daily use of all spaces within the facility under
3824	consideration.
3825	6.  Upon construction, the total cost per student station,
3826	including change orders, must not exceed the cost per student
3827	station as provided in subsection (6).
3828	7.  There shall be an agreement signed by the district
3829	school board stating that it will advertise for bids within 30
3830	days of receipt of its encumbrance authorization from the
3831	department.
3832	8.  The district shall, at the time of the request and for
3833	a continuing period of 3 years, levy the maximum millage against
3834	their nonexempt assessed property value as allowed in s.
3835	1011.71(2) or shall raise an equivalent amount of revenue from
3836	the school capital outlay surtax authorized under s. 212.055(6).
3837	Any district with a new or active project, funded under the
3838	provisions of this subsection, shall be required to budget no
3839	more than the value of 1.5 mills per year to the project to
3840	satisfy the annual participation requirement in the Special
3841	Facility Construction Account.
3842	9.  If a contract has not been signed 90 days after the
3843	advertising of bids, the funding for the specific project shall
3844	revert to the Special Facility New Construction Account to be
3845	reallocated to other projects on the list. However, an
3846	additional 90 days may be granted by the commissioner.
3847	10.  The department shall certify the inability of the
3848	district to fund the survey-recommended project over a
3849	continuous 3-year period using projected capital outlay revenue
3850	derived from s. 9(d), Art. XII of the State Constitution, as
3851	amended, paragraph (3)(a) of this section, and s. 1011.71(2).
3852	11.  The district shall have on file with the department an
3853	adopted resolution acknowledging its 3-year commitment of all
3854	unencumbered and future revenue acquired from s. 9(d), Art. XII
3855	of the State Constitution, as amended, paragraph (3)(a) of this
3856	section, and s. 1011.71(2).
3857	12.  Final phase III plans must be certified by the board
3858	as complete and in compliance with the building and life safety
3859	codes prior to August 1.
3860	(b)  The department shall establish, as a part of the
3861	Public Education Capital Outlay and Debt Service Trust Fund, a
3862	separate account, in an amount determined by the Legislature, to
3863	be known as the "High Growth County Facility Construction
3864	Account." The account shall be used to provide necessary
3865	construction funds to high growth school districts which have
3866	urgent construction needs, but which lack sufficient resources
3867	at present and cannot reasonably anticipate sufficient resources
3868	within the period of the next 3 years, for these purposes from
3869	currently authorized sources of capital outlay revenue and local
3870	sources. A school district requesting funding from the account
3871	shall submit one specific construction project, not to exceed
3872	one complete educational plant, to the Special Facility
3873	Construction Committee. No district shall receive funding for
3874	more than one approved project in any 2-year period, provided
3875	that any grants received under this paragraph must be fully
3876	expended in order for a district to apply for additional funding
3877	under this paragraph and all Classrooms First funds have been
3878	allocated and expended by the district. The first year of the 2-
3879	year period shall be the first year a district receives an
3880	appropriation. The request must meet the following criteria to
3881	be considered by the committee:
3882	1.  The project must be deemed a critical need and must be
3883	recommended for funding by the Special Facility Construction
3884	Committee. Prior to developing plans for the proposed facility,
3885	the district school board must request a preapplication review
3886	by the Special Facility Construction Committee or a project
3887	review subcommittee convened by the committee to include two
3888	representatives of the department and two staff from school
3889	districts not eligible to participate in the program. Within 60
3890	days after receiving the preapplication review request, the
3891	committee or subcommittee must meet in the school district to
3892	review the project proposal and existing facilities. To
3893	determine whether the proposed project is a critical need, the
3894	committee or subcommittee shall consider, at a minimum, the
3895	capacity of all existing facilities within the district as
3896	determined by the Florida Inventory of School Houses; the
3897	district's pattern of student growth with priority given to
3898	those districts that have equaled or exceeded twice the
3899	statewide average in growth in capital outlay full-time
3900	equivalent students over the previous 4 fiscal years; the
3901	district's existing and projected capital outlay full-time
3902	equivalent student enrollment as determined by the department
3903	with priority given to these districts with 20,000 or more
3904	capital outlay full-time equivalent students; the district's
3905	existing satisfactory student stations; the use of all existing
3906	district property and facilities; grade level configurations;
3907	and any other information that may affect the need for the
3908	proposed project.
3909	2.  The construction project must be recommended in the
3910	most recent survey or surveys by the district under the rules of
3911	the State Board of Education.
3912	3.  The construction project includes either a recreational
3913	facility or media center that will be jointly used with a local
3914	government.
3915	4.  The construction project must appear on the district's
3916	approved project priority list under the rules of the State
3917	Board of Education.
3918	5.  The district must have selected and had approved a site
3919	for the construction project in compliance with the interlocal
3920	agreement with the appropriate local government, s. 1013.36, and
3921	the rules of the State Board of Education.
3922	6.  The district shall have developed a district school
3923	board adopted list of facilities that do not exceed the norm for
3924	net square feet occupancy requirements under the state
3925	requirements for educational facilities, using all possible
3926	programmatic combinations for multiple use of space to obtain
3927	maximum daily use of all spaces within the facility under
3928	consideration.
3929	7.  Upon construction, the total cost per student station,
3930	including change orders, must not exceed the cost per student
3931	station as provided in subsection (6).
3932	8.  There shall be an agreement signed by the district
3933	school board stating that it will advertise for bids within 30
3934	days after receipt of its encumbrance authorization from the
3935	department.
3936	9.  If a contract has not been signed 90 days after the
3937	advertising of bids, the funding for the specific project shall
3938	revert to the Special Facility Construction Account to be
3939	reallocated to other projects on the list. However, an
3940	additional 90 days may be granted by the commissioner.
3941	10.  Final phase III plans must be certified by the board
3942	as complete and in compliance with the building and life safety
3943	codes prior to August 1.
3944	(c)(b)  The Special Facility Construction Committee shall
3945	be composed of the following: two representatives of the
3946	Department of Education, a representative from the Governor's
3947	office, a representative selected annually by the district
3948	school boards, and a representative selected annually by the
3949	superintendents.
3950	(d)(c)  The committee shall review the requests submitted
3951	from the districts, evaluate the ability of the project to
3952	relieve critical needs, and rank the requests in priority order.
3953	This statewide priority list for special facilities construction
3954	shall be submitted to the Legislature in the commissioner's
3955	annual capital outlay legislative budget request at least 45
3956	days prior to the legislative session. For the initial year of
3957	the funding of the program outlined in paragraph (b), the
3958	Special Facility Construction Committee shall authorize the
3959	disbursement of funds appropriated by the Legislature for the
3960	purposes of the program funded by the High Growth County
3961	Facility Construction Account created in paragraph (b).
3962	Section 30.  School Concurrency Task Force.-
3963	(1)  The School Concurrency Task Force is created to review
3964	the requirements for school concurrency in law and make
3965	recommendations regarding streamlining the process and
3966	procedures for establishing school concurrency. The task force
3967	shall also examine the methodology and processes used for the
3968	funding of construction of public schools and make
3969	recommendations on revisions to provisions of law and rules
3970	which will help ensure that schools are built and available when
3971	the expected demands of growth produce the need for new school
3972	facilities.
3973	(2)  The task force shall be composed of 11 members. The
3974	membership must represent local governments, school boards,
3975	developers and homebuilders, the business community, and other
3976	appropriate stakeholders. The task force shall include two
3977	members appointed by the Governor, two members appointed by the
3978	President of the Senate, two members appointed by the Speaker of
3979	the House of Representatives, one member appointed by the
3980	Florida School Boards Association, one member appointed by the
3981	Florida Association of Counties, and one member appointed by the
3982	Florida League of Cities. The Secretary of the Department of
3983	Community Affairs, or a senior management designee, and the
3984	Commissioner of Education, or a senior management designee,
3985	shall also be ex officio nonvoting members on the task force.
3986	(3)  The task force shall report to the Governor, the
3987	President of the Senate, and the Speaker of the House of
3988	Representatives no later than December 1, 2005, with specific
3989	recommendations for revisions to provisions of law and rules.
3990	Section 31.  Section 163.31776, Florida Statutes, is
3991	repealed.
3992	Section 32.  Beginning in fiscal year 2005-2006, the
3993	Department of Transportation shall allocate sufficient funds to
3994	implement the transportation provisions of the Sustainable
3995	Florida Act of 2005. The department shall develop a plan to
3996	expend these revenues and amend the current tentative work
3997	program for the time period 2005-2006. In addition, prior to
3998	work program adoption, the department shall submit a budget
3999	amendment pursuant to s. 339.135(7), Florida Statutes. The
4000	department shall provide a report to the President of the Senate
4001	and the Speaker of the House of Representative by February 1,
4002	2006, identifying the program adjustments it has made consistent
4003	with the provisions of the Sustainable Florida Transportation
4004	Program.
4005	Section 33.  Effective July 1, 2005, the sum of $433.25
4006	million from non-recurring General Revenue is appropriated to
4007	the State Transportation Trust Fund in the Department of
4008	Transportation to be allocated as follows:
4009	(1)  The sum of $100 million for the State-funded
4010	Infrastructure Bank pursuant to s. 339.55, Florida Statutes, to
4011	be available as loans for local government projects consistent
4012	with the provisions of the Transportation Incentive Program for
4013	a Sustainable Florida
4014	(2)  The sum of $333.25 million for Transportation
4015	Incentive Program for a Sustainable Florida pursuant to s.
4016	339.28171, Florida Statutes.
4017	Section 34.  Funding for Sustainable Water
4018	Supplies.--Effective July 1, 2005, the sum of $100 million from
4019	recurring general revenue for distribution pursuant to s.
4020	373.19615, Florida Statutes. The sum of $50 million from
4021	nonrecurring general revenue is appropriated to the Department
4022	of Environmental Protection for distribution pursuant to s.
4023	373.19616, Florida Statutes.
4024	Section 35.  Funding for Sustainable Schools.--In order to
4025	provide for innovative approaches to meet school capacity
4026	demands, effective July 1, 2005, the sum of $80 million is
4027	transferred from recurring general revenue to the Public
4028	Education Capital Outlay and Debt Service Trust Fund in the
4029	Department of Education to be used as follows:
4030	(1)  The sum of $35 million from recurring funds in the
4031	Public Education Capital Outlay and Debt Service Trust Fund
4032	shall be used for the Charter School Incentive Program for
4033	Sustainable Schools created pursuant to section 1013.352,
4034	Florida Statutes.
4035	(2)  The sum of $15 million from recurring funds in the
4036	Public Education Capital Outlay and Debt Service Trust Fund
4037	shall be used for educational facilities benefit districts as
4038	provided in s. 1013.356(3), Florida Statutes, as follows: for
4039	construction and capital maintenance costs not covered by the
4040	funds provided under s. 1013.356(1), Florida Statutes, in fiscal
4041	year 2005-2006, an amount contributed by the state equal to 25
4042	percent of the remaining costs of construction and capital
4043	maintenance of the educational facilities, up to $2 million. Any
4044	construction costs above the cost-per-student criteria
4045	established for the SIT Program in s. 1013.72(2), Florida
4046	Statutes, shall be funded exclusively by the educational
4047	facilities benefit district or the community development
4048	district. Funds contributed by a district school board shall not
4049	be used to fund operational costs. Funds not committed by March
4050	31, 2006, revert to the Charter School Incentive Program for
4051	Sustainable Schools created pursuant to s. 1013.352, Florida
4052	Statutes.
4053	(3)  The sum of $30 million from recurring funds in the
4054	Public Education Capital Outlay and Debt Service Trust Fund
4055	shall be transferred annually from the Public Education Capital
4056	Outlay and Debt Service Trust Fund to the High Growth County
4057	Facility Construction Account.
4058
4059	Notwithstanding the requirements of ss. 1013.64 and 1013.65,
4060	Florida Statutes, these moneys may not be distributes as part of
4061	the comprehensive plan for the Public Education Capital Outlay
4062	and Debt Service Trust Fund.
4063	Section 36.  (1)  Effective July 1, 2005, the sum of
4064	$85,618,291 is appropriated from nonrecurring general revenue
4065	for the Classrooms for Kids Program pursuant to s. 1013.735,
4066	Florida Statutes.
4067	(2)  Effective July 1 2005, the sum of $246,131,709 is
4068	appropriated from nonrecurring general revenue to assist school
4069	districts in meeting the school concurrency provisions under
4070	this act. Such funds shall be distributed to school districts
4071	under the formula pursuant to s. 1013.735(1), Florida Statutes
4072	Section 37.  Statewide Technical Assistance for a
4073	Sustainable Florida.--In order to assist local governments and
4074	school boards to implement the provisions of this act, effective
4075	July 1, 2005, the sum of $3 million is appropriated from
4076	recurring general revenue to the Department of Community
4077	Affairs. The department shall provide a report to the Governor,
4078	the President of the Senate, and the Speaker of the House of
4079	Representatives by February 1, 2006, on the progress made toward
4080	implementing this act and a recommendation of whether additional
4081	funds should be appropriated to provide additional technical
4082	assistance to implement this act.
4083	Section 38.  Effective July 1, 2005, the sum of $250,000 is
4084	appropriated from recurring general revenue to the Department of
4085	Community Affairs to provide the necessary staff and other
4086	assistance to the Century Commission for a Sustainable Florida
4087	required by section 11.
4088	Section 39.  This act shall take effect July 1, 2005.
4089
4090	================= T I T L E  A M E N D M E N T =================
4091	Remove the entire title and insert:
4092	A bill to be entitled
4093	An act relating to growth management incentives; providing
4094	a popular name; amending s. 163.3164, F.S.; revising a
4095	definition to conform; defining the term "financial
4096	feasibility"; creating s. 163.3172, F.S.; providing
4097	legislative determinations; limiting the effect of certain
4098	charter county charter provisions, ordinances, or land
4099	development regulations relating to urban infill and
4100	redevelopment under certain circumstances; requiring a
4101	referendum; providing referendum requirements; amending s.
4102	163.3177, F.S.; revising criteria for the capital
4103	improvements element of comprehensive plans; providing for
4104	subjecting certain local governments to sanctions by the
4105	Administration Commission under certain circumstances;
4106	deleting obsolete provisions; requiring local governments
4107	to adopt a transportation concurrency management system by
4108	ordinance; requiring inclusion of alternative water supply
4109	projects; providing a methodology requirement; requiring
4110	the Department of Transportation to develop a model
4111	transportation concurrency management ordinance;
4112	specifying ordinance assessment authority; providing
4113	additional requirements for a general water element of
4114	comprehensive plans; revising public educational
4115	facilities element requirements; revising requirements for
4116	rural land stewardship areas; exempting rural land
4117	stewardship areas from developments of regional impact
4118	provisions; requiring counties and municipalities to adopt
4119	consistent public school facilities and enter into certain
4120	interlocal agreements; authorizing the state land planning
4121	agency to grant waivers under certain circumstances;
4122	providing additional requirements for public school
4123	facilities elements of comprehensive plans; requiring the
4124	state land planning agency to adopt phased schedules for
4125	adopting a public school facilities element; providing
4126	requirements; providing requirements; providing conditions
4127	for prohibiting local governments from certain adopting
4128	amendments to the comprehensive plan; authorizing the
4129	state land planning agency to issue schools certain show
4130	cause notices for certain purposes; providing for imposing
4131	sanctions on a school board under certain circumstances;
4132	providing requirements; encouraging local governments to
4133	develop a community vision for certain purposes; providing
4134	for assistance by regional planning councils; providing
4135	for local government designation of urban service
4136	boundaries; providing requirements; amending s. 163.31777,
4137	F.S.; applying public schools interlocal agreement
4138	provisions to school boards and nonexempt municipalities;
4139	deleting a scheduling requirement for public schools
4140	interlocal agreements; providing additional requirements
4141	for updates and amendments to such interlocal agreements;
4142	revising procedures for public school elements
4143	implementing school concurrency; revising exemption
4144	criteria for certain municipalities; amending s. 163.3180,
4145	F.S.; including schools and water supplies under
4146	concurrency provisions; revising a transportation
4147	facilities scheduling requirement; requiring local
4148	governments and the Department of Transportation to
4149	cooperatively establish a plan for maintaining certain
4150	level-of-service standards for certain facilities within
4151	certain areas; requiring local governments to consult with
4152	the department to make certain impact assessments relating
4153	to concurrency management areas and multimodal
4154	transportation districts; revising criteria for local
4155	government authorization to grant exceptions from
4156	concurrency requirements for transportation facilities;
4157	providing for waiving certain transportation facilities
4158	concurrency requirements for certain projects under
4159	certain circumstances; providing criteria and
4160	requirements; revising provisions authorizing local
4161	governments to adopt long-term transportation management
4162	systems to include long-term school concurrency management
4163	systems; revising requirements; requiring periodic
4164	evaluation of long-term concurrency systems; providing
4165	criteria; revising requirements for roadway facilities on
4166	the Strategic Intermodal System; providing additional
4167	level-of-service standards requirements; revising
4168	requirements for developing school concurrency; requiring
4169	adoption of a public school facilities element for
4170	effectiveness of a school concurrency requirement;
4171	providing an exception; revising service area requirements
4172	for concurrency systems; requiring local governments to
4173	apply school concurrency on a less than districtwide basis
4174	under certain circumstances for certain purposes; revising
4175	provisions prohibiting a local government from denying a
4176	development order or a functional equivalent authorizing
4177	residential developments under certain circumstances;
4178	specifying conditions for satisfaction of school
4179	concurrency requirements by a developer; providing for
4180	mediation of disputes; specifying options for
4181	proportionate-share mitigation of impacts on public school
4182	facilities; providing criteria and requirements; providing
4183	legislative intent relating to mitigation of impacts of
4184	development on transportation facilities; authorizing
4185	local governments to create mitigation banks for
4186	transportation facilities for certain purposes; providing
4187	requirements; specifying conditions for satisfaction of
4188	transportation facilities concurrency by a developer;
4189	providing for mitigation; providing for mediation of
4190	disputes; providing criteria for transportation mitigation
4191	contributions; providing for enforceable development
4192	agreements for certain projects; specifying conditions for
4193	satisfaction of concurrency requirements of a local
4194	comprehensive plan by a development; amending s. 163.3184,
4195	F.S.; correcting cross references; authorizing instead of
4196	requiring the state land planning agency to review plan
4197	amendments; amending s. 163.3187, F.S.; providing
4198	additional criteria for small scale amendments to adopted
4199	comprehensive plans; providing an additional exception to
4200	a limitation on amending an adopted comprehensive plan by
4201	certain municipalities; providing procedures and
4202	requirements; providing for notice and public hearings;
4203	correcting a cross reference; providing for
4204	nonapplication; amending s. 163.3191, F.S.; revising
4205	requirements for evaluation and assessment of the
4206	coordination of a comprehensive plan with certain schools;
4207	providing additional assessment criteria for certain
4208	counties and municipalities; requiring certain counties
4209	and municipalities to adopt appropriate concurrency goals,
4210	objectives, and policies in plan amendments under certain
4211	circumstances; revising reporting requirements for
4212	evaluation and assessment of water supply sources;
4213	providing for a prohibition on plan amendments for failure
4214	to timely adopt updating comprehensive plan amendments;
4215	creating s. 163.3247, F.S.; providing a popular name;
4216	providing legislative findings and intent; creating the
4217	Century Commission for a Sustainable Florida for certain
4218	purposes; providing for appointment of commission members;
4219	providing for terms; providing for meetings and votes of
4220	members; requiring members to serve without compensation;
4221	providing for per diem and travel expenses; providing
4222	powers and duties of the commission; requiring the
4223	creation of a joint select committee of the Legislature;
4224	providing purposes; requiring the Secretary of Community
4225	Affairs to select an executive director of the commission;
4226	requiring the Department of Community Affairs to provide
4227	staff for the commission; providing for other agency staff
4228	support for the commission; amending s. 201.15, F.S.;
4229	providing for an alternative distribution to the State
4230	Transportation Trust Fund of certain revenues from the
4231	excise tax on documents remaining after certain prior
4232	distributions; amending s. 215.211, F.S.; providing for
4233	deposit of certain service charge revenues into the State
4234	Transportation Trust Fund to be used for certain purposes;
4235	amending ss. 337.107 and 337.11, F.S.; revising
4236	authorization for the Department of Transportation to
4237	contract for right-of-way services; providing additional
4238	requirements; amending s. 339.08, F.S.; specifying an
4239	additional use for moneys in the State  Transportation
4240	Trust Fund; amending s. 339.135, F.S.; revising provisions
4241	relating to funding and developing a tentative work
4242	program; amending s. 339.155, F.S.; providing additional
4243	requirements for development of regional transportation
4244	plans in certain areas pursuant to interlocal agreements;
4245	requiring the department to develop a model interlocal
4246	agreement; providing requirements; amending s. 339.175,
4247	F.S.; revising requirements for metropolitan planning
4248	organizations and transportation improvement programs;
4249	creating s. 339.28171, F.S.; creating the Transportation
4250	Incentive Program for a Sustainable Florida; providing
4251	program requirements; requiring the Department of
4252	Transportation to develop criteria to assist local
4253	governments in evaluating concurrency management system
4254	backlogs; specifying criteria requirements; providing
4255	requirements for local governments; specifying percentages
4256	and requirements for apportioning matching funds among
4257	grant applicants; authorizing the department to administer
4258	contracts as requested by local governments; amending s.
4259	339.2818, F.S.; revising criteria and requirement for the
4260	Small County Outreach Program to conform; creating s.
4261	339.2820, F.S.; creating the Off-System Bridge Program for
4262	Sustainable Transportation within the Department of
4263	Transportation for certain purposes; providing for funding
4264	certain project costs; requiring the department to
4265	allocate funding for the program for certain projects;
4266	specifying criteria for projects to be funded from the
4267	program; amending s. 339.55, F.S.; revising funding
4268	authorization for the state-funded infrastructure bank ;
4269	creating s. 373.19615, F.S.; creating the Florida's
4270	Sustainable Water Supplies Program; providing funding
4271	requirements for local government development of
4272	alternative water supply projects; providing for
4273	allocation of funds to water management districts;
4274	providing definitions; specifying factors to consider in
4275	funding certain projects; providing funding requirements;
4276	requiring the Department of Environmental Protection to
4277	establish factors for granting financial assistance to
4278	eligible projects; creating s. 373.19616, F.S.; creating
4279	the Water Transition Assistance Program to establish a
4280	low-interest revolving loan program for infrastructure
4281	financing for alternative water supplies; providing
4282	legislative declarations; providing definitions;
4283	authorizing the Department of Environmental Protection to
4284	make loans to local governments for certain purposes;
4285	authorizing local governments to borrow funds and pledge
4286	revenues for repayment; providing loan limitations;
4287	authorizing the department to adopt certain rules;
4288	requiring the department to prepare an annual report on
4289	such financial assistance; providing loan approval
4290	requirements for local governments; authorizing the
4291	department to conduct or require audits; authorizing the
4292	department to require reasonable loan service fees;
4293	providing limitations; providing requirements for
4294	financial assistance funding; providing for enforcement of
4295	loan defaults; authorizing the department to impose
4296	penalties for delinquent loan payments; authoriaing the
4297	department to terminate financial assistance agreements
4298	under certain circumstances; amending s. 373.223, F.S.;
4299	providing a presumption of consistency for certain
4300	alternative water supply uses; amending s. 380.06, F.S.;
4301	providing additional exemptions from development of
4302	regional impact provisions for certain projects in
4303	proposed developments or redevelopments within an area
4304	designated in a comprehensive plan and for proposed
4305	developments within certain rural land stewardship areas;
4306	amending s. 380.115, F.S.; revising provisions relating to
4307	preserving vested rights and duties under development of
4308	regional impact guidelines and standards; revising
4309	procedures and requirements for governance and rescission
4310	of development-of-regional-impact development orders under
4311	changing guidelines and standards; requiring the Office of
4312	Program Policy Analysis and Government Accountability to
4313	conduct a study on adjustments to boundaries of regional
4314	planning councils, water management districts, and
4315	transportation districts; providing purposes; requiring a
4316	study report to the Governor and Legislature; amending s.
4317	1013.33, F.S.; revising provisions relating to
4318	coordination of educational facilities planning pursuant
4319	to certain interlocal agreements; revising procedures and
4320	requirements for updated agreements and agreement
4321	amendments; creating s. 1013.352, F.S.; creating a Charter
4322	School Incentive Program for Sustainable Schools;
4323	providing purposes; specifying conditions for eligibility
4324	for state funds; authorizing the Commissioner of Education
4325	to waive certain requirements and distribute certain funds
4326	to charter schools under certain circumstances;
4327	prohibiting the commissioner from distributing funds to
4328	certain schools under certain circumstances; providing for
4329	ineligibility of certain schools for charter school outlay
4330	funding under certain circumstances; amending s. 1013.64,
4331	F.S.; requiring the Department of Education to establish a
4332	the High Growth County Facility Construction Account as a
4333	separate account within the Public Education Capital
4334	Outlay and Debt Service Trust Fund for certain purposes;
4335	specifying requirements for funding from the account;
4336	creating the School Concurrency Task Force; providing
4337	purposes; providing for membership; requiring a report to
4338	the Governor and Legislature; repealing s. 163.31776,
4339	F.S., relating to the public educational facilities
4340	element; requiring the Department of Transportation to
4341	allocate sufficient funds so implement the transportation
4342	provisions of the act; requiring the department to develop
4343	a plan to expend revenues and amend the current work
4344	program; requiring the department to submit a budget
4345	amendment for certain purposes; requiring a report to the
4346	Legislature; providing for funding for sustainable water
4347	supplies; providing an appropriation; providing for
4348	allocation of the appropriation; specifying uses of
4349	appropriations; providing for funding for sustainable
4350	schools; providing an appropriation; providing for
4351	allocation of the appropriation; specifying uses of the
4352	appropriation; providing for Statewide Technical
4353	Assistance for a Sustainable Florida; providing an
4354	appropriation; specifying uses; requiring the Department
4355	of Community Affairs to report to the Governor and
4356	Legislature; specifying report requirements; providing an
4357	appropriation to the Department of Community Affairs for
4358	certain staffing purposes; providing an effective date.
4359
4360	WHEREAS, the Legislature finds and declares that the
4361	state's population has increased by approximately 3 million
4362	individuals each decade since 1970 to nearly 16 million
4363	individuals in 2000, and
4364	WHEREAS, increased populations have resulted in greater
4365	density concentrations in many areas around the state and
4366	created growth issues that increasingly overlap multiple local
4367	government jurisdictional and state agency district boundaries,
4368	and
4369	WHEREAS, development patterns throughout areas of the
4370	state, in conjunction with the implementation of growth
4371	management policies, have increasingly caused urban flight which
4372	has resulted in urban sprawl and cause capacity issues related
4373	to transportation facilities, public educational facilities, and
4374	water supply facilities, and
4375	WHEREAS, the Legislature recognizes that urban infill and
4376	redevelopment is a high state priority, and
4377	WHEREAS, consequently, the Legislature determines it in the
4378	best interests of the people of the state to undertake action to
4379	address these issues and work towards a sustainable Florida
4380	where facilities are planned and available concurrent with
4381	existing and projected demands while protecting Florida's
4382	natural and environmental resources, rural and agricultural
4383	resources, and maintaining a viable and sustainable economy, and
4384	WHEREAS, the Legislature enacts measures in the law and
4385	earmarks funds for the 2005-2006 fiscal year intended to result
4386	in a reemphasis on urban infill and redevelopment, achieving and
4387	maintaining concurrency with transportation and public
4388	educational facilities, and instilling a sense of
4389	intergovernmental cooperation and coordination, and
4390	WHEREAS, the Legislature will establish a standing
4391	commission tasked with helping Floridians envision and plan
4392	their collective future with an eye towards both 25-year and 50-
4393	year horizons, NOW, THEREFORE,

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