HB 1865

CS

CHAMBER ACTION

1	The State Infrastructure Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to growth management incentives; providing
7	a popular name; amending s. 20.18, F.S.; changing the name
8	of the Department of Community Affairs to the Department
9	of Community Assistance; amending s. 163.3164, F.S.;
10	revising a definition to conform; defining the term
11	"financial feasibility"; creating s. 163.3172, F.S.;
12	providing legislative determinations; limiting the effect
13	of certain charter county charter provisions, ordinances,
14	or land development regulations under certain
15	circumstances; amending s. 163.3177, F.S.; revising
16	criteria for the capital improvements element of
17	comprehensive plans; providing for subjecting certain
18	local governments to sanctions by the Administration
19	Commission under certain circumstances; requiring certain
20	local governments to adopt a long-term capital
21	improvements schedule to a long-term concurrency
22	management system and annually update such schedule;
23	deleting obsolete provisions; requiring local governments
24	to adopt a transportation concurrency management system by
25	ordinance; providing a methodology requirement; requiring
26	the Department of Transportation to develop a model
27	transportation concurrency management ordinance;
28	specifying ordinance assessment authority; providing
29	additional requirements for a general water element of
30	comprehensive plans; requiring a work plan; specifying
31	cooperation between certain entities relating to
32	developing water supply facilities; revising public
33	educational facilities element requirements; revising
34	requirements for rural land stewardship areas; exempting
35	rural land stewardship areas from developments of regional
36	impact provisions; requiring counties and municipalities
37	to adopt consistent public school facilities and enter
38	into certain interlocal agreements; authorizing the state
39	land planning agency to grant waivers under certain
40	circumstances; providing additional requirements for
41	public school facilities elements of comprehensive plans;
42	requiring the state land planning agency to adopt phased
43	schedules for adopting a public school facilities element;
44	providing requirements; encouraging local governments to
45	develop a community vision for certain purposes; providing
46	for assistance by regional planning councils; amending s.
47	163.31777, F.S.; applying public schools interlocal
48	agreement provisions to school boards and nonexempt
49	municipalities; deleting a scheduling requirement for
50	public schools interlocal agreements; providing additional
51	requirements for updates and amendments to such interlocal
52	agreements; revising procedures for public school elements
53	implementing school concurrency; revising exemption
54	criteria for certain municipalities; amending s. 163.3180,
55	F.S.; including schools and water supplies under
56	concurrency provisions; revising a transportation
57	facilities scheduling requirement; requiring local
58	governments and the Department of Transportation to
59	cooperatively establish a plan for maintaining certain
60	level-of-service standards for certain facilities within
61	certain areas; revising criteria for local government
62	authorization to grant exceptions from concurrency
63	requirements for transportation facilities; providing for
64	waiving certain transportation facilities concurrency
65	requirements for certain projects under certain
66	circumstances; providing criteria and requirements;
67	revising provisions authorizing local governments to adopt
68	long-term transportation management systems to include
69	long-term school concurrency management systems; revising
70	requirements; requiring periodic evaluation of long-term
71	concurrency systems; providing criteria; revising
72	requirements for roadway facilities on the Strategic
73	Intermodal System; providing additional level-of-service
74	standards requirements; revising requirements for
75	developing school concurrency; requiring adoption of a
76	public school facilities element for effectiveness of a
77	school concurrency requirement; providing an exception;
78	revising service area requirements for concurrency
79	systems; requiring local governments to apply school
80	concurrency on a less than districtwide basis under
81	certain circumstances for certain purposes; revising
82	provisions prohibiting a local government from denying a
83	development order or a functional equivalent authorizing
84	residential developments under certain circumstances;
85	specifying conditions for satisfaction of school
86	concurrency requirements by a developer; providing for
87	mediation of disputes; specifying options for
88	proportionate-share mitigation of impacts on public school
89	facilities; providing criteria and requirements; providing
90	legislative intent relating to mitigation of impacts of
91	development on transportation facilities; authorizing
92	local governments to create mitigation banks for
93	transportation facilities for certain purposes; providing
94	requirements; specifying conditions for satisfaction of
95	transportation facilities concurrency by a developer;
96	providing for mitigation; providing for mediation of
97	disputes; providing criteria for transportation mitigation
98	contributions; providing for enforceable development
99	agreements for certain projects; specifying conditions for
100	satisfaction of concurrency requirements of a local
101	comprehensive plan by a development; amending s. 163.3184,
102	F.S.; authorizing instead of requiring the state land
103	planning agency to review plan amendments; amending s.
104	163.3187, F.S.; providing additional criteria for small
105	scale amendments to adopted comprehensive plans; providing
106	an additional exception to a limitation on amending an
107	adopted comprehensive plan by certain local governments;
108	providing procedures and requirements; providing for
109	notice and public hearings; providing for nonapplication;
110	amending s. 163.3191, F.S.; revising requirements for
111	evaluation and assessment of the coordination of a
112	comprehensive plan with certain schools; providing
113	additional assessment criteria for certain counties and
114	municipalities; requiring certain counties and
115	municipalities to adopt appropriate concurrency goals,
116	objectives, and policies in plan amendments under certain
117	circumstances; revising reporting requirements for
118	evaluation and assessment of water supply sources;
119	providing for a prohibition on plan amendments for failure
120	to timely adopt updating comprehensive plan amendments;
121	creating s. 163.3247, F.S.; providing a popular name;
122	providing legislative findings and intent; creating the
123	Century Commission for a Sustainable Florida for certain
124	purposes; providing for appointment of commission members;
125	providing for terms; providing for meetings and votes of
126	members; requiring members to serve without compensation;
127	providing for per diem and travel expenses; providing
128	powers and duties of the commission; requiring the
129	creation of a joint select committee of the Legislature;
130	providing purposes; requiring the Secretary of Community
131	Assistance to select an executive director of the
132	commission; requiring the Department of Community
133	Assistance to provide staff for the commission; providing
134	for other agency staff support for the commission;
135	amending s. 339.135, F.S.; revising provisions relating to
136	funding and developing a tentative work program; creating
137	s. 339.28171, F.S.; creating the Local Government
138	Concurrency Program for a Sustainable Florida; providing
139	program requirements; requiring the Department of
140	Transportation to develop criteria to assist local
141	governments in evaluating concurrency management system
142	backlogs; specifying criteria requirements; providing
143	requirements for local governments; specifying percentages
144	for apportioning matching funds among grant applicants;
145	authorizing the department to adopt rules to administer
146	the program; creating s. 339.2820, F.S.; creating the Off-
147	System Bridge Program for Sustainable Transportation
148	within the Department of Transportation for certain
149	purposes; providing for funding certain project costs;
150	requiring the department to allocate funding for the
151	program for certain projects; specifying criteria for
152	projects to be funded from the program; amending s.
153	380.06, F.S.; providing additional exemptions from
154	development of regional impact provisions for certain
155	projects in proposed developments or redevelopments within
156	an area designated in a comprehensive plan and for
157	proposed developments within certain rural land
158	stewardship areas; amending s. 380.115, F.S.; revising
159	provisions relating to preserving vested rights and duties
160	under development of regional impact guidelines and
161	standards; revising procedures and requirements for
162	governance and rescission of development-of-regional-
163	impact development orders under changing guidelines and
164	standards; requiring the Office of Program Policy Analysis
165	and Government Accountability to conduct a study on
166	adjustments to boundaries of regional planning councils,
167	water management districts, and transportation districts;
168	providing purposes; requiring a study report to the
169	Governor and Legislature; amending s. 1013.33, F.S.;
170	revising provisions relating to coordination of
171	educational facilities planning pursuant to certain
172	interlocal agreements; revising procedures and
173	requirements for updated agreements and agreement
174	amendments; creating s. 1013.352, F.S.; creating a Charter
175	School Incentive Program for Sustainable Schools;
176	providing purposes; specifying conditions for eligibility
177	for state funds; authorizing the Commissioner of Education
178	to waive certain requirements and distribute certain funds
179	to charter schools under certain circumstances;
180	prohibiting the commissioner from distributing funds to
181	certain schools under certain circumstances; providing for
182	ineligibility of certain schools for charter school outlay
183	funding under certain circumstances; repealing s.
184	163.31776, F.S., relating to the public educational
185	facilities element; providing for funding for sustainable
186	water supplies; providing an appropriation; providing for
187	allocation of the appropriation; specifying uses of
188	appropriations; providing for funding for sustainable
189	schools; providing an appropriation; providing for
190	allocation of the appropriation; specifying uses of the
191	appropriation; providing for Statewide Technical
192	Assistance for a Sustainable Florida; providing an
193	appropriation; specifying uses; requiring the Department
194	of Community Assistance to report to the Governor and
195	Legislature; specifying report requirements; providing an
196	appropriation to the Department of Community Assistance
197	for certain staffing purposes; requiring the Division of
198	Statutory Revision of the Office of Legislative Services
199	to develop proposed legislation to change references in
200	the Florida Statutes to the Department of Community
201	Affairs to the Department of Community Assistance;
202	providing an effective date.
203
204	WHEREAS, the Legislature finds and declares that the
205	state's population has increased by approximately 3 million
206	individuals each decade since 1970 to nearly 16 million
207	individuals in 2000, and
208	WHEREAS, increased populations have resulted in greater
209	density concentrations in many areas around the state and
210	created growth issues that increasingly overlap multiple local
211	government jurisdictional and state agency district boundaries,
212	and
213	WHEREAS, development patterns throughout areas of the
214	state, in conjunction with the implementation of growth
215	management policies, have increasingly caused urban flight which
216	has resulted in urban sprawl and cause capacity issues related
217	to transportation facilities, public educational facilities, and
218	water supply facilities, and
219	WHEREAS, the Legislature recognizes that urban infill and
220	redevelopment is a high state priority, and
221	WHEREAS, consequently, the Legislature determines it in the
222	best interests of the people of the state to undertake action to
223	address these issues and work towards a sustainable Florida
224	where facilities are planned and available concurrent with
225	existing and projected demands while protecting Florida's
226	natural and environmental resources, rural and agricultural
227	resources, and maintaining a viable and sustainable economy, and
228	WHEREAS, the Legislature enacts measures in the law and
229	earmarks funds for the 2005-2006 fiscal year intended to result
230	in a reemphasis on urban infill and redevelopment, achieving and
231	maintaining concurrency with transportation and public
232	educational facilities, and instilling a sense of
233	intergovernmental cooperation and coordination, and
234	WHEREAS, the Legislature will establish a standing
235	commission tasked with helping Floridians envision and plan
236	their collective future with an eye towards both 25-year and 50-
237	year horizons, NOW, THEREFORE,
238
239	Be It Enacted by the Legislature of the State of Florida:
240
241	Section 1.  Popular name.--This act may be cited as the
242	"Sustainable Florida Act of 2005."
243	Section 2.  Subsections (1), (2), (3), (5), and (6) of
244	section 20.18, Florida Statutes, are amended to read:
245	20.18  Department of Community Assistance Affairs.--There
246	is created a Department of Community Assistance Affairs.
247	(1)  The head of the Department of Community Assistance
248	Affairs is the Secretary of Community Assistance Affairs. The
249	secretary shall be appointed by the Governor subject to
250	confirmation by the Senate. The secretary shall serve at the
251	pleasure of the Governor.
252	(2)  The following units of the Department of Community
253	Assistance Affairs are established:
254	(a)  Division of Emergency Management.
255	(b)  Division of Housing and Community Development.
256	(c)  Division of Community Planning.
257	(3)  Unless otherwise provided by law, the Secretary of
258	Community Assistance Affairs shall appoint the directors or
259	executive directors of any commission or council assigned to the
260	department, who shall serve at his or her pleasure as provided
261	for division directors in s. 110.205. The appointment or
262	termination by the secretary will be done with the advice and
263	consent of the commission or council; and the director or
264	executive director may employ, subject to departmental rules and
265	procedures, such personnel as may be authorized and necessary.
266	(5)  The role of state government required by part I of
267	chapter 421 (Housing Authorities Law), chapter 422 (Housing
268	Cooperation Law), and chapter 423 (tax exemption of housing
269	authorities) is the responsibility of the Department of
270	Community Assistance Affairs; and the department is the agency
271	of state government responsible for the state's role in housing
272	and urban development.
273	(6)  The Office of Urban Opportunity is created within the
274	Department of Community Assistance Affairs. The purpose of the
275	office is to administer the Front Porch Florida initiative, a
276	comprehensive, community-based urban core redevelopment program
277	that enables urban core residents to craft solutions to the
278	unique challenges of each designated community.
279	Section 3.  Subsection (20) of section 163.3164, Florida
280	Statutes, is amended, and subsection (32) is added to said
281	section, to read:
282	163.3164  Local Government Comprehensive Planning and Land
283	Development Regulation Act; definitions.--As used in this act:
284	(20)  "State land planning agency" means the Department of
285	Community Assistance Affairs.
286	(32)  "Financial feasibility" means sufficient revenues are
287	currently available or will be available from committed or
288	planned funding sources available for financing capital
289	improvements, such as ad valorem taxes, bonds, state and federal
290	funds, tax revenues, impact fees, and developer contributions,
291	which are adequate to fund the projected costs of the capital
292	improvements and as otherwise identified within this act
293	necessary to ensure that adopted level-of-service standards are
294	achieved and maintained within the 5-year schedule of capital
295	improvements.
296	Section 4.  Section 163.3172, Florida Statutes, is created
297	to read:
298	163.3172  Urban infill and redevelopment.--In recognition
299	that urban infill and redevelopment is a high state priority,
300	the Legislature determines that local governments should not
301	adopt charter provisions, ordinances, or land development
302	regulations that discourage this state priority. Higher density
303	urban development is appropriate in urban core areas and should
304	be encouraged in such locations. Conversely, it is appropriate
305	to discourage greater height and density as a development form
306	in areas outside the urban core where such development forms are
307	incompatible with existing land uses. Notwithstanding chapter
308	125 and s. 163.3171, any existing or future charter county
309	charter provision, ordinance, land development regulation, or
310	countywide special act that governs the use and development of
311	land shall not be effective within any municipality of the
312	county unless the charter provision, ordinance, land development
313	regulation, or countywide special act is approved by a majority
314	vote of a countywide referendum or a majority vote of the
315	municipality's governing board. However, in the event of a
316	conflict of a countywide ordinance or a municipal ordinance that
317	regulates expressive conduct, the more restrictive ordinance
318	shall govern. In addition, the requirements of this section
319	restricting charter county charter provisions, ordinances, or
320	land development regulations concerning building height
321	restrictions shall not apply in the case of any areas of
322	critical state concern designated pursuant to s. 380.05-
323	380.0555.
324	Section 5.  Subsection (3), paragraphs (a), (b), (c), and
325	(h) of subsection (6), paragraph (d) of subsection (11), and
326	subsection (12) of section 163.3177, Florida Statutes, are
327	amended, and subsection (13) is added to said section, to read:
328	163.3177  Required and optional elements of comprehensive
329	plan; studies and surveys.--
330	(3)(a)  The comprehensive plan shall contain a capital
331	improvements element designed to consider the need for and the
332	location of public facilities in order to encourage the
333	efficient utilization of such facilities and set forth:
334	1.  A component which outlines principles for construction,
335	extension, or increase in capacity of public facilities, as well
336	as a component which outlines principles for correcting existing
337	public facility deficiencies, which are necessary to implement
338	the comprehensive plan. The components shall cover at least a 5-
339	year period.
340	2.  Estimated public facility costs, including a
341	delineation of when facilities will be needed, the general
342	location of the facilities, and projected revenue sources to
343	fund the facilities.
344	3.  Standards to ensure the availability of public
345	facilities and the adequacy of those facilities including
346	acceptable levels of service.
347	4.  Standards for the management of debt.
348	5.  A schedule of capital improvements which includes
349	publicly funded projects and which may include privately funded
350	projects.
351	6.  The schedule of transportation improvements included in
352	the applicable metropolitan planning organization's
353	transportation improvement program adopted pursuant to s.
354	339.175(7) to the extent that such improvements are relied upon
355	to ensure concurrency and financial feasibility. The schedule
356	must also be coordinated with the applicable metropolitan
357	planning organization's long-range transportation plan adopted
358	pursuant to s. 339.175(6).
359	(b)1.  The capital improvements element shall be reviewed
360	on an annual basis and modified as necessary in accordance with
361	s. 163.3187 or s. 163.3189 in order to maintain a financially
362	feasible 5-year schedule of capital improvements., except that
363	Corrections, updates, and modifications concerning costs;
364	revenue sources; acceptance of facilities pursuant to
365	dedications which are consistent with the plan; or the date of
366	construction of any facility enumerated in the capital
367	improvements element may be accomplished by ordinance and shall
368	not be deemed to be amendments to the local comprehensive plan.
369	A copy of the ordinance shall be transmitted to the state land
370	planning agency. All public facilities shall be consistent with
371	the capital improvements element. Amendments to implement this
372	section must be transmitted no later than December 1, 2007.
373	Thereafter, a local government may not amend its future land use
374	map, except for plan amendments to meet new requirements under
375	this part, and emergency amendments pursuant to s.
376	163.3187(1)(a), after December 1, 2007, and every year
377	thereafter, until the local government has adopted the annual
378	update and the annual update to the schedule of capital
379	improvements is found to be in compliance.
380	2.  Capital improvements element amendments adopted after
381	the effective date of this act shall require only a single
382	public hearing before the governing board which shall be an
383	adoption hearing as described in s. 163.3184(7). Such amendments
384	are not subject to the requirements of s. 163.3184(3)-(6).
385	Capital improvements element amendments adopted after the
386	effective date of this act shall not be subject to challenge by
387	an affected party. If the department finds an amendment pursuant
388	to this subparagraph not in compliance, the local government may
389	challenge that determination pursuant to s. 163.3184(10).
390	(c)  If a local government adopts a long-term concurrency
391	management system pursuant to s. 163.3180(9), it shall also
392	adopt a long-term capital improvements schedule covering up to a
393	10-year or 15-year period and shall update the long-term
394	schedule annually. The long-term schedule of capital
395	improvements must be financially feasible for the 5-year
396	schedule of capital improvements.
397	(6)  In addition to the requirements of subsections (1)-
398	(5), the comprehensive plan shall include the following
399	elements:
400	(a)  A future land use plan element designating proposed
401	future general distribution, location, and extent of the uses of
402	land for residential uses, commercial uses, industry,
403	agriculture, recreation, conservation, education, public
404	buildings and grounds, other public facilities, and other
405	categories of the public and private uses of land. Counties are
406	encouraged to designate rural land stewardship areas, pursuant
407	to the provisions of paragraph (11)(d), as overlays on the
408	future land use map. Each future land use category must be
409	defined in terms of uses included, and must include standards to
410	be followed in the control and distribution of population
411	densities and building and structure intensities. The proposed
412	distribution, location, and extent of the various categories of
413	land use shall be shown on a land use map or map series which
414	shall be supplemented by goals, policies, and measurable
415	objectives. The future land use plan shall be based upon
416	surveys, studies, and data regarding the area, including the
417	amount of land required to accommodate anticipated growth; the
418	projected population of the area; the character of undeveloped
419	land; the availability of water supplies, public facilities, and
420	services; the need for redevelopment, including the renewal of
421	blighted areas and the elimination of nonconforming uses which
422	are inconsistent with the character of the community; the
423	compatibility of uses on lands adjacent to or closely proximate
424	to military installations; and, in rural communities, the need
425	for job creation, capital investment, and economic development
426	that will strengthen and diversify the community's economy. The
427	future land use plan may designate areas for future planned
428	development use involving combinations of types of uses for
429	which special regulations may be necessary to ensure development
430	in accord with the principles and standards of the comprehensive
431	plan and this act. The future land use plan element shall
432	include criteria to be used to achieve the compatibility of
433	adjacent or closely proximate lands with military installations.
434	In addition, for rural communities, the amount of land
435	designated for future planned industrial use shall be based upon
436	surveys and studies that reflect the need for job creation,
437	capital investment, and the necessity to strengthen and
438	diversify the local economies, and shall not be limited solely
439	by the projected population of the rural community. The future
440	land use plan of a county may also designate areas for possible
441	future municipal incorporation. The land use maps or map series
442	shall generally identify and depict historic district boundaries
443	and shall designate historically significant properties meriting
444	protection. The future land use element must clearly identify
445	the land use categories in which public schools are an allowable
446	use. When delineating the land use categories in which public
447	schools are an allowable use, a local government shall include
448	in the categories sufficient land proximate to residential
449	development to meet the projected needs for schools in
450	coordination with public school boards and may establish
451	differing criteria for schools of different type or size. Each
452	local government shall include lands contiguous to existing
453	school sites, to the maximum extent possible, within the land
454	use categories in which public schools are an allowable use. All
455	comprehensive plans must comply with the school siting
456	requirements of this paragraph no later than October 1, 1999.
457	The failure by a local government to comply with these school
458	siting requirements by October 1, 1999, will result in the
459	prohibition of the local government's ability to amend the local
460	comprehensive plan, except for plan amendments described in s.
461	163.3187(1)(b), until the school siting requirements are met.
462	Amendments proposed by a local government for purposes of
463	identifying the land use categories in which public schools are
464	an allowable use or for adopting or amending the school-siting
465	maps pursuant to s. 163.31776(3) are exempt from the limitation
466	on the frequency of plan amendments contained in s. 163.3187.
467	The future land use element shall include criteria that
468	encourage the location of schools proximate to urban residential
469	areas to the extent possible and shall require that the local
470	government seek to collocate public facilities, such as parks,
471	libraries, and community centers, with schools to the extent
472	possible and to encourage the use of elementary schools as focal
473	points for neighborhoods. For schools serving predominantly
474	rural counties, defined as a county with a population of 100,000
475	or fewer, an agricultural land use category shall be eligible
476	for the location of public school facilities if the local
477	comprehensive plan contains school siting criteria and the
478	location is consistent with such criteria. Local governments
479	required to update or amend their comprehensive plan to include
480	criteria and address compatibility of adjacent or closely
481	proximate lands with existing military installations in their
482	future land use plan element shall transmit the update or
483	amendment to the department by June 30, 2006.
484	(b)  A traffic circulation element consisting of the types,
485	locations, and extent of existing and proposed major
486	thoroughfares and transportation routes, including bicycle and
487	pedestrian ways. Transportation corridors, as defined in s.
488	334.03, may be designated in the traffic circulation element
489	pursuant to s. 337.273. If the transportation corridors are
490	designated, the local government may adopt a transportation
491	corridor management ordinance. By December 1, 2006, each local
492	government shall adopt by ordinance a transportation concurrency
493	management system which shall include a methodology for
494	assessing proportionate share mitigation options. By December 1,
495	2005, the Department of Transportation shall develop a model
496	transportation concurrency management ordinance with
497	methodologies for assessing proportionate share options. The
498	transportation concurrency management ordinance may assess a
499	concurrency impact area by districts or systemwide.
500	(c)  A general sanitary sewer, solid waste, drainage,
501	potable water, and natural groundwater aquifer recharge element
502	correlated to principles and guidelines for future land use,
503	indicating ways to provide for future potable water, drainage,
504	sanitary sewer, solid waste, and aquifer recharge protection
505	requirements for the area. The element may be a detailed
506	engineering plan including a topographic map depicting areas of
507	prime groundwater recharge. The element shall describe the
508	problems and needs and the general facilities that will be
509	required for solution of the problems and needs. The element
510	shall also include a topographic map depicting any areas adopted
511	by a regional water management district as prime groundwater
512	recharge areas for the Floridan or Biscayne aquifers, pursuant
513	to s. 373.0395. These areas shall be given special consideration
514	when the local government is engaged in zoning or considering
515	future land use for said designated areas. For areas served by
516	septic tanks, soil surveys shall be provided which indicate the
517	suitability of soils for septic tanks. By December 1, 2006, The
518	element must incorporate projects selected pursuant to s.
519	373.0361, to the extent applicable consider the appropriate
520	water management district's regional water supply plan approved
521	pursuant to s. 373.0361. The element must identify current water
522	supply sources, projected water use needs for the planning
523	period of the comprehensive plan, irrigation and reclaimed water
524	needs, and conservation and reuse strategies to reduce water
525	supply demand. The element shall include a work plan covering at
526	least a 10-year planning period for building water supply
527	facilities, including development of alternative water supplies
528	as defined in s. 373.1961(2)(i) that are necessary to meet
529	existing and projected water use demand over the work plan
530	planning period. The work plan shall also describe how the water
531	supply needs will be met over the course of the planning period
532	from any other providers of water, if applicable. The
533	information provided to the appropriate water management
534	district for each project, pursuant to s. 373.0361, shall be
535	annually incorporated into the work plan include a work plan,
536	covering at least a 10-year planning period, for building water
537	supply facilities that are identified in the element as
538	necessary to serve existing and new development and for which
539	the local government is responsible. The work plan shall be
540	updated, at a minimum, every 5 years within 12 months after the
541	governing board of a water management district approves an
542	updated regional water supply plan. Local government utilities
543	and land use planners, private utilities, regional water supply
544	authorities, and water management districts are expected to
545	cooperatively plan for the development of multijurisdictional
546	water supply facilities that are sufficient to meet projected
547	demands for established planning periods, including the
548	development of alternative sources of water supplies to
549	supplement traditional sources of ground and surface water
550	supplies. Amendments to incorporate the work plan do not count
551	toward the limitation on the frequency of adoption of amendments
552	to the comprehensive plan. Consistent with s. 373.2234, local
553	governments, public and private utilities, regional water supply
554	authorities, and water management districts are expected to
555	cooperatively plan for the development of multijurisdictional
556	water supply facilities that are sufficient to meet projected
557	demands for established planning periods, including the
558	development of alternative water sources to supplement
559	traditional sources of ground and surface water supplies.
560	(h)1.  An intergovernmental coordination element showing
561	relationships and stating principles and guidelines to be used
562	in the accomplishment of coordination of the adopted
563	comprehensive plan with the plans of school boards and other
564	units of local government or regional water authorities
565	providing services but not having regulatory authority over the
566	use of land, with the comprehensive plans of adjacent
567	municipalities, the county, adjacent counties, or the region,
568	with the state comprehensive plan and with the applicable
569	regional water supply plan approved pursuant to s. 373.0361, as
570	the case may require and as such adopted plans or plans in
571	preparation may exist. This element of the local comprehensive
572	plan shall demonstrate consideration of the particular effects
573	of the local plan, when adopted, upon the development of
574	adjacent municipalities, the county, adjacent counties, or the
575	region, or upon the state comprehensive plan, as the case may
576	require.
577	a.  The intergovernmental coordination element shall
578	provide for procedures to identify and implement joint planning
579	areas, especially for the purpose of annexation, municipal
580	incorporation, and joint infrastructure service areas.
581	b.  The intergovernmental coordination element shall
582	provide for recognition of campus master plans prepared pursuant
583	to s. 1013.30.
584	c.  The intergovernmental coordination element may provide
585	for a voluntary dispute resolution process as established
586	pursuant to s. 186.509 for bringing to closure in a timely
587	manner intergovernmental disputes. A local government may
588	develop and use an alternative local dispute resolution process
589	for this purpose.
590	2.  The intergovernmental coordination element shall
591	further state principles and guidelines to be used in the
592	accomplishment of coordination of the adopted comprehensive plan
593	with the plans of school boards and other units of local
594	government providing facilities and services but not having
595	regulatory authority over the use of land. In addition, the
596	intergovernmental coordination element shall describe joint
597	processes for collaborative planning and decisionmaking on
598	population projections and public school siting, the location
599	and extension of public facilities subject to concurrency, and
600	siting facilities with countywide significance, including
601	locally unwanted land uses whose nature and identity are
602	established in an agreement. Within 1 year of adopting their
603	intergovernmental coordination elements, each county, all the
604	municipalities within that county, the district school board,
605	and any unit of local government service providers in that
606	county shall establish by interlocal or other formal agreement
607	executed by all affected entities, the joint processes described
608	in this subparagraph consistent with their adopted
609	intergovernmental coordination elements.
610	3.  To foster coordination between special districts and
611	local general-purpose governments as local general-purpose
612	governments implement local comprehensive plans, each
613	independent special district must submit a public facilities
614	report to the appropriate local government as required by s.
615	189.415.
616	4.a.  Local governments adopting a public educational
617	facilities element pursuant to s. 163.31776 must execute an
618	interlocal agreement with the district school board, the county,
619	and nonexempt municipalities pursuant to s. 163.31777, as
620	defined by s. 163.31776(1), which includes the items listed in
621	s. 163.31777(2). The local government shall amend the
622	intergovernmental coordination element to provide that
623	coordination between the local government and school board is
624	pursuant to the agreement and shall state the obligations of the
625	local government under the agreement.
626	b.  Plan amendments that comply with this subparagraph are
627	exempt from the provisions of s. 163.3187(1).
628	5.  The state land planning agency shall establish a
629	schedule for phased completion and transmittal of plan
630	amendments to implement subparagraphs 1., 2., and 3. from all
631	jurisdictions so as to accomplish their adoption by December 31,
632	1999. A local government may complete and transmit its plan
633	amendments to carry out these provisions prior to the scheduled
634	date established by the state land planning agency. The plan
635	amendments are exempt from the provisions of s. 163.3187(1).
636	6.  By January 1, 2004, any county having a population
637	greater than 100,000, and the municipalities and special
638	districts within that county, shall submit a report to the
639	Department of Community Assistance Affairs which:
640	a.  Identifies all existing or proposed interlocal service-
641	delivery agreements regarding the following: education; sanitary
642	sewer; public safety; solid waste; drainage; potable water;
643	parks and recreation; and transportation facilities.
644	b.  Identifies any deficits or duplication in the provision
645	of services within its jurisdiction, whether capital or
646	operational. Upon request, the Department of Community
647	Assistance Affairs shall provide technical assistance to the
648	local governments in identifying deficits or duplication.
649	7.  Within 6 months after submission of the report, the
650	Department of Community Assistance Affairs shall, through the
651	appropriate regional planning council, coordinate a meeting of
652	all local governments within the regional planning area to
653	discuss the reports and potential strategies to remedy any
654	identified deficiencies or duplications.
655	8.  Each local government shall update its
656	intergovernmental coordination element based upon the findings
657	in the report submitted pursuant to subparagraph 6. The report
658	may be used as supporting data and analysis for the
659	intergovernmental coordination element.
660	9.  By February 1, 2003, representatives of municipalities,
661	counties, and special districts shall provide to the Legislature
662	recommended statutory changes for annexation, including any
663	changes that address the delivery of local government services
664	in areas planned for annexation.
665	(11)
666	(d)1.  The department, in cooperation with the Department
667	of Agriculture and Consumer Services, the Department of
668	Environmental Protection, water management districts, and
669	regional planning councils, shall provide assistance to local
670	governments in the implementation of this paragraph and rule 9J-
671	5.006(5)(l), Florida Administrative Code. Implementation of
672	those provisions shall include a process by which the department
673	may authorize local governments to designate all or portions of
674	lands classified in the future land use element as predominantly
675	agricultural, rural, open, open-rural, or a substantively
676	equivalent land use, as a rural land stewardship area within
677	which planning and economic incentives are applied to encourage
678	the implementation of innovative and flexible planning and
679	development strategies and creative land use planning
680	techniques, including those contained herein and in rule 9J-
681	5.006(5)(l), Florida Administrative Code. Assistance may
682	include, but is not limited to:
683	a.  Assistance from the Department of Environmental
684	Protection and water management districts in creating the
685	geographic information systems land cover database and aerial
686	photogrammetry needed to prepare for a rural land stewardship
687	area;
688	b.  Support for local government implementation of rural
689	land stewardship concepts by providing information and
690	assistance to local governments regarding land acquisition
691	programs that may be used by the local government or landowners
692	to leverage the protection of greater acreage and maximize the
693	effectiveness of rural land stewardship areas; and
694	c.  Expansion of the role of the Department of Community
695	Assistance Affairs as a resource agency to facilitate
696	establishment of rural land stewardship areas in smaller rural
697	counties that do not have the staff or planning budgets to
698	create a rural land stewardship area.
699	2.  The department shall encourage participation by local
700	governments of different sizes and rural characteristics in
701	establishing and implementing rural land stewardship areas. It
702	is the intent of the Legislature that rural land stewardship
703	areas be used to further the following broad principles of rural
704	sustainability: restoration and maintenance of the economic
705	value of rural land; control of urban sprawl; identification and
706	protection of ecosystems, habitats, and natural resources;
707	promotion of rural economic activity; maintenance of the
708	viability of Florida's agricultural economy; and protection of
709	the character of rural areas of Florida. Rural land stewardship
710	areas may be multicounty in order to encourage coordinated
711	regional stewardship planning.
712	3.  A local government, in conjunction with a regional
713	planning council, a stakeholder organization of private land
714	owners, or another local government, shall notify the department
715	in writing of its intent to designate a rural land stewardship
716	area. The written notification shall describe the basis for the
717	designation, including the extent to which the rural land
718	stewardship area enhances rural land values, controls urban
719	sprawl, provides necessary open space for agriculture and
720	protection of the natural environment, promotes rural economic
721	activity, and maintains rural character and the economic
722	viability of agriculture.
723	4.  A rural land stewardship area shall be not less than
724	10,000 acres and shall be located outside of municipalities and
725	established urban growth boundaries, and shall be designated by
726	plan amendment. The plan amendment designating a rural land
727	stewardship area shall be subject to review by the Department of
728	Community Assistance Affairs pursuant to s. 163.3184 and shall
729	provide for the following:
730	a.  Criteria for the designation of receiving areas within
731	rural land stewardship areas in which innovative planning and
732	development strategies may be applied. Criteria shall at a
733	minimum provide for the following: adequacy of suitable land to
734	accommodate development so as to avoid conflict with
735	environmentally sensitive areas, resources, and habitats;
736	compatibility between and transition from higher density uses to
737	lower intensity rural uses; the establishment of receiving area
738	service boundaries which provide for a separation between
739	receiving areas and other land uses within the rural land
740	stewardship area through limitations on the extension of
741	services; and connection of receiving areas with the rest of the
742	rural land stewardship area using rural design and rural road
743	corridors.
744	b.  Goals, objectives, and policies setting forth the
745	innovative planning and development strategies to be applied
746	within rural land stewardship areas pursuant to the provisions
747	of this section.
748	c.  A process for the implementation of innovative planning
749	and development strategies within the rural land stewardship
750	area, including those described in this subsection and rule 9J-
751	5.006(5)(l), Florida Administrative Code, which provide for a
752	functional mix of land uses and which are applied through the
753	adoption by the local government of zoning and land development
754	regulations applicable to the rural land stewardship area.
755	d.  A process which encourages visioning pursuant to s.
756	163.3167(11) to ensure that innovative planning and development
757	strategies comply with the provisions of this section.
758	e.  The control of sprawl through the use of innovative
759	strategies and creative land use techniques consistent with the
760	provisions of this subsection and rule 9J-5.006(5)(l), Florida
761	Administrative Code.
762	5.  A receiving area shall be designated by the adoption of
763	a land development regulation. Prior to the designation of a
764	receiving area, the local government shall provide the
765	Department of Community Assistance Affairs a period of 30 days
766	in which to review a proposed receiving area for consistency
767	with the rural land stewardship area plan amendment and to
768	provide comments to the local government.
769	6.  Upon the adoption of a plan amendment creating a rural
770	land stewardship area, the local government shall, by ordinance,
771	establish the methodology for the creation, conveyance, and use
772	of transferable rural land use credits, otherwise referred to as
773	stewardship credits, the application of assign to the area a
774	certain number of credits, to be known as "transferable rural
775	land use credits," which shall not constitute a right to develop
776	land, nor increase density of land, except as provided by this
777	section. The total amount of transferable rural land use credits
778	within assigned to the rural land stewardship area must enable
779	the realization of the long-term vision and goals for correspond
780	to the 25-year or greater projected population of the rural land
781	stewardship area. Transferable rural land use credits are
782	subject to the following limitations:
783	a.  Transferable rural land use credits may only exist
784	within a rural land stewardship area.
785	b.  Transferable rural land use credits may only be used on
786	lands designated as receiving areas and then solely for the
787	purpose of implementing innovative planning and development
788	strategies and creative land use planning techniques adopted by
789	the local government pursuant to this section.
790	c.  Transferable rural land use credits assigned to a
791	parcel of land within a rural land stewardship area shall cease
792	to exist if the parcel of land is removed from the rural land
793	stewardship area by plan amendment.
794	d.  Neither the creation of the rural land stewardship area
795	by plan amendment nor the assignment of transferable rural land
796	use credits by the local government shall operate to displace
797	the underlying density of land uses assigned to a parcel of land
798	within the rural land stewardship area; however, if transferable
799	rural land use credits are transferred from a parcel for use
800	within a designated receiving area, the underlying density
801	assigned to the parcel of land shall cease to exist.
802	e.  The underlying density on each parcel of land located
803	within a rural land stewardship area shall not be increased or
804	decreased by the local government, except as a result of the
805	conveyance or use of transferable rural land use credits, as
806	long as the parcel remains within the rural land stewardship
807	area.
808	f.  Transferable rural land use credits shall cease to
809	exist on a parcel of land where the underlying density assigned
810	to the parcel of land is utilized.
811	g.  An increase in the density of use on a parcel of land
812	located within a designated receiving area may occur only
813	through the assignment or use of transferable rural land use
814	credits and shall not require a plan amendment.
815	h.  A change in the density of land use on parcels located
816	within receiving areas shall be specified in a development order
817	which reflects the total number of transferable rural land use
818	credits assigned to the parcel of land and the infrastructure
819	and support services necessary to provide for a functional mix
820	of land uses corresponding to the plan of development.
821	i.  Land within a rural land stewardship area may be
822	removed from the rural land stewardship area through a plan
823	amendment.
824	j.  Transferable rural land use credits may be assigned at
825	different ratios of credits per acre according to the natural
826	resource or other beneficial use characteristics of the land and
827	according to the land use remaining following the transfer of
828	credits, with the highest number of credits per acre assigned to
829	the most environmentally valuable land, or in locations where
830	the retention of and a lesser number of credits to be assigned
831	to open space and agricultural land is a priority, to such
832	lands.
833	k.  The use or conveyance of transferable rural land use
834	credits must be recorded in the public records of the county in
835	which the property is located as a covenant or restrictive
836	easement running with the land in favor of the county and either
837	the Department of Environmental Protection, Department of
838	Agriculture and Consumer Services, a water management district,
839	or a recognized statewide land trust.
840	7.  Owners of land within rural land stewardship areas
841	should be provided incentives to enter into rural land
842	stewardship agreements, pursuant to existing law and rules
843	adopted thereto, with state agencies, water management
844	districts, and local governments to achieve mutually agreed upon
845	conservation objectives. Such incentives may include, but not be
846	limited to, the following:
847	a.  Opportunity to accumulate transferable mitigation
848	credits.
849	b.  Extended permit agreements.
850	c.  Opportunities for recreational leases and ecotourism.
851	d.  Payment for specified land management services on
852	publicly owned land, or property under covenant or restricted
853	easement in favor of a public entity.
854	e.  Option agreements for sale to public entities or
855	private land conservation entities, in either fee or easement,
856	upon achievement of conservation objectives.
857	8.  The department shall report to the Legislature on an
858	annual basis on the results of implementation of rural land
859	stewardship areas authorized by the department, including
860	successes and failures in achieving the intent of the
861	Legislature as expressed in this paragraph.
862	9.  In recognition of the benefits of conceptual long-range
863	planning, restoration and maintenance of the economic value of
864	rural land; control of urban sprawl; identification and
865	protection of ecosystems, habitats, and natural resources;
866	promotion of rural economic activity; maintenance of the
867	viability of the agricultural economy of this state; and
868	protection of the character of rural areas of this state that
869	will result from a rural land stewardship area, and to further
870	encourage the innovative planning and development strategies in
871	a rural land stewardship area, development within a rural land
872	stewardship area is exempt from the requirements of s. 380.06.
873	(12)  A public school facilities element adopted to
874	implement a school concurrency program shall meet the
875	requirements of this subsection.
876	(a)  In order to enact a public school facilities element,
877	each county and each municipality within the county must adopt a
878	consistent public school facilities element and enter an
879	interlocal agreement pursuant to s. 163.31777. The state land
880	planning agency may provide a waiver to a county and to the
881	municipalities within the county if the utilization rate for all
882	schools within the district is less than 100 percent and the
883	projected 5-year capital outlay full-time equivalent student
884	growth rate is less than 10 percent. At its discretion, the
885	state land planning agency may grant a waiver to a county or
886	municipality for a single school to exceed the 100 percent
887	limitation if it can be demonstrated that the capacity for that
888	single school is not greater than 105 percent. A municipality in
889	a nonexempt county is exempt if the municipality meets all of
890	the following criteria for having no significant impact on
891	school attendance:
892	1.  The municipality has issued development orders for
893	fewer than 50 residential dwelling units during the preceding 5
894	years or the municipality has generated fewer than 25 additional
895	public school students during the preceding 5 years.
896	2.  The municipality has not annexed new land during the
897	preceding 5 years in land use categories that permit residential
898	uses that will affect school attendance rates.
899	3.  The municipality has no public schools located within
900	its boundaries.
901	4.  At least 80 percent of the developable land within the
902	boundaries of the municipality has been developed.
903	(b)(a)  A public school facilities element shall be based
904	upon data and analyses that address, among other items, how
905	level-of-service standards will be achieved and maintained. Such
906	data and analyses must include, at a minimum, such items as: the
907	interlocal agreement adopted pursuant to s. 163.31777 and the 5-
908	year school district facilities work program adopted pursuant to
909	s. 1013.35; the educational plant survey prepared pursuant to s.
910	1013.31 and an existing educational and ancillary plant map or
911	map series; information on existing development and development
912	anticipated for the next 5 years and the long-term planning
913	period; an analysis of problems and opportunities for existing
914	schools and schools anticipated in the future; an analysis of
915	opportunities to collocate future schools with other public
916	facilities such as parks, libraries, and community centers; an
917	analysis of the need for supporting public facilities for
918	existing and future schools; an analysis of opportunities to
919	locate schools to serve as community focal points; projected
920	future population and associated demographics, including
921	development patterns year by year for the upcoming 5-year and
922	long-term planning periods; and anticipated educational and
923	ancillary plants with land area requirements.
924	(c)(b)  The element shall contain one or more goals which
925	establish the long-term end toward which public school programs
926	and activities are ultimately directed.
927	(d)(c)  The element shall contain one or more objectives
928	for each goal, setting specific, measurable, intermediate ends
929	that are achievable and mark progress toward the goal.
930	(e)(d)  The element shall contain one or more policies for
931	each objective which establish the way in which programs and
932	activities will be conducted to achieve an identified goal.
933	(f)(e)  The objectives and policies shall address items
934	such as:
935	1.  The procedure for an annual update process;
936	2.  The procedure for school site selection;
937	3.  The procedure for school permitting;
938	4.  Provision of supporting infrastructure necessary to
939	support proposed schools, including potable water, wastewater,
940	drainage, solid waste, transportation, and means by which to
941	ensure safe access to schools, including sidewalks, bicycle
942	paths, turn lanes, and signalization;
943	5.  Provision of colocation of other public facilities,
944	such as parks, libraries, and community centers, in proximity to
945	public schools;
946	6.  Provision of location of schools proximate to
947	residential areas and to complement patterns of development,
948	including the location of future school sites so they serve as
949	community focal points;
950	7.  Measures to ensure compatibility of school sites and
951	surrounding land uses;
952	8.  Coordination with adjacent local governments and the
953	school district on emergency preparedness issues, including the
954	use of public schools to serve as emergency shelters; and
955	9.  Coordination with the future land use element; and
956	10.  Ensuring the achievement and maintenance of the
957	adopted level-of-service standards for the geographic area of
958	application throughout the 5 years covered by the public school
959	capital facilities plan and thereafter by adding a new fifth
960	year during the annual update.
961	(g)(f)  The element shall include one or more future
962	conditions maps which depict the anticipated location of
963	educational and ancillary plants, including the general location
964	of improvements to existing schools or new schools anticipated
965	over the 5-year or long-term planning period. The maps will of
966	necessity be general for the long-term planning period and more
967	specific for the 5-year period. Maps indicating general
968	locations of future schools or school improvements may not
969	prescribe a land use on a particular parcel of land.
970	(h)  The state land planning agency shall establish phased
971	schedules for adoption of the public school facilities element
972	and the required updates to the public schools interlocal
973	interlocal agreement pursuant to s. 163.31777. The schedule for
974	the updated public schools interlocal agreement shall provide
975	for each county and local government within the county to submit
976	the agreement no later than December 1, 2006. The schedule for
977	the public schools facilities element shall be transmitted to
978	the state land planning agency by December 1, 2008. The state
979	land planning agency may grant a 1-year extension for the
980	adoption of the element if a request is justified by good and
981	sufficient cause as determined by the agency. The state land
982	planning agency shall set the same date for all governmental
983	entities within a school district. However, if the county where
984	the school district is located contains more than 20
985	municipalities, the state land planning agency may establish
986	staggered due dates for the submission of interlocal agreements
987	by these municipalities. Plan amendments to adopt a public
988	school facilities element are exempt from the provisions of s.
989	163.3187(1).
990	(13)  Each local government is encouraged to develop a
991	community vision that provides for sustainable growth,
992	recognizes the local government's fiscal constraints, and
993	protects the local government's natural resources. At the
994	request of a local government, the applicable regional planning
995	council shall provide assistance in the development of a long-
996	range community vision. The community vision must reflect the
997	community's shared concept for growth and development of the
998	community, including visual representations depicting the
999	desired land-use patterns and character of the community during
1000	a 10-year planning timeframe.
1001	Section 6.  Section 163.31777, Florida Statutes, is amended
1002	to read:
1003	163.31777  Public schools interlocal agreement.--
1004	(1)(a)  The school board, county, and nonexempt
1005	municipalities located within the geographic area of a school
1006	district shall enter into an interlocal agreement with the
1007	district school board which jointly establishes the specific
1008	ways in which the plans and processes of the district school
1009	board and the local governments are to be coordinated. The
1010	interlocal agreements shall be submitted to the state land
1011	planning agency and the Office of Educational Facilities and the
1012	SMART Schools Clearinghouse in accordance with a schedule
1013	published by the state land planning agency.
1014	(b)  The schedule must establish staggered due dates for
1015	submission of interlocal agreements that are executed by both
1016	the local government and the district school board, commencing
1017	on March 1, 2003, and concluding by December 1, 2004, and must
1018	set the same date for all governmental entities within a school
1019	district. However, if the county where the school district is
1020	located contains more than 20 municipalities, the state land
1021	planning agency may establish staggered due dates for the
1022	submission of interlocal agreements by these municipalities. The
1023	schedule must begin with those areas where both the number of
1024	districtwide capital-outlay full-time-equivalent students equals
1025	80 percent or more of the current year's school capacity and the
1026	projected 5-year student growth is 1,000 or greater, or where
1027	the projected 5-year student growth rate is 10 percent or
1028	greater.
1029	(b)(c)  If the student population has declined over the 5-
1030	year period preceding the due date for submittal of an
1031	interlocal agreement by the local government and the district
1032	school board, the local government and the district school board
1033	may petition the state land planning agency for a waiver of one
1034	or more requirements of subsection (2). The waiver must be
1035	granted if the procedures called for in subsection (2) are
1036	unnecessary because of the school district's declining school
1037	age population, considering the district's 5-year facilities
1038	work program prepared pursuant to s. 1013.35. The state land
1039	planning agency may modify or revoke the waiver upon a finding
1040	that the conditions upon which the waiver was granted no longer
1041	exist. The district school board and local governments must
1042	submit an interlocal agreement within 1 year after notification
1043	by the state land planning agency that the conditions for a
1044	waiver no longer exist.
1045	(c)(d)  Interlocal agreements between local governments and
1046	district school boards adopted pursuant to s. 163.3177 before
1047	the effective date of this section must be updated and executed
1048	pursuant to the requirements of this section, if necessary.
1049	Amendments to interlocal agreements adopted pursuant to this
1050	section must be submitted to the state land planning agency
1051	within 30 days after execution by the parties for review
1052	consistent with this section. Local governments and the district
1053	school board in each school district are encouraged to adopt a
1054	single updated interlocal agreement to which all join as
1055	parties. The state land planning agency shall assemble and make
1056	available model interlocal agreements meeting the requirements
1057	of this section and notify local governments and, jointly with
1058	the Department of Education, the district school boards of the
1059	requirements of this section, the dates for compliance, and the
1060	sanctions for noncompliance. The state land planning agency
1061	shall be available to informally review proposed interlocal
1062	agreements. If the state land planning agency has not received a
1063	proposed interlocal agreement for informal review, the state
1064	land planning agency shall, at least 60 days before the deadline
1065	for submission of the executed agreement, renotify the local
1066	government and the district school board of the upcoming
1067	deadline and the potential for sanctions.
1068	(2)  At a minimum, The interlocal agreement shall
1069	acknowledge the school board's constitutional and statutory
1070	obligations to provide a uniform system of free public schools
1071	on a countywide basis and the land use authority of local
1072	governments, including their authority to approve or deny
1073	comprehensive plan amendments and development orders. The
1074	interlocal agreement must address the following issues:
1075	(a)  Establish the mechanisms for coordinating the
1076	development, adoption, and amendment of each local government's
1077	public school facilities element with each other and the plans
1078	of the school board to ensure a uniform districtwide school
1079	concurrency system.
1080	(b)  Establish a process for the development of siting
1081	criteria which encourages the location of public schools
1082	proximate to urban residential areas to the extent possible and
1083	seeks to collocate schools with other public facilities such as
1084	parks, libraries, and community centers to the extent possible.
1085	(c)  Specify uniform, districtwide level-of-service
1086	standards for public schools of the same type and the process
1087	for modifying the adopted levels-of-service standards.
1088	(d)  A process for establishing a financially feasible
1089	public school capital facilities program and a process and
1090	schedule for incorporation of the public school capital
1091	facilities program into the local government comprehensive plans
1092	on an annual basis.
1093	(e)  If school concurrency is to be applied on a less than
1094	districtwide basis in the form of concurrency service areas, the
1095	agreement shall establish criteria and standards for the
1096	establishment and modification of school concurrency service
1097	areas. The agreement shall also establish a process and schedule
1098	for the mandatory incorporation of the school concurrency
1099	service areas and the criteria and standards for establishment
1100	of the service areas into the local government comprehensive
1101	plans. The agreement shall ensure maximum utilization of school
1102	capacity, taking into account transportation costs and court-
1103	approved desegregation plans, as well as other applicable
1104	factors.
1105	(f)  Establish a uniform districtwide procedure for
1106	implementing school concurrency which provides for:
1107	1.  Informing the local government regarding the effect of
1108	comprehensive plan amendments and rezonings on school capacity.
1109	The capacity reporting must be consistent with laws and rules
1110	relating to measurement of school facility capacity and must
1111	also identify how the district school board will meet the public
1112	school demand based on the facilities work program adopted
1113	pursuant to s. 1013.35.
1114	2.  The evaluation of development applications for
1115	compliance with school concurrency requirements, including
1116	information provided by the school board on affected schools.
1117	3.  An opportunity for the school board to review and
1118	comment on the effect of comprehensive plan amendments and
1119	rezonings on the public school facilities plan.
1120	4.  The monitoring and evaluation of the school concurrency
1121	system.
1122	(g)  A process and uniform methodology for determining
1123	proportionate-share mitigation pursuant to s. 380.06.
1124	(h)(a)  A process by which each local government and the
1125	district school board agree and base their plans on consistent
1126	projections of the amount, type, and distribution of population
1127	growth and student enrollment. The geographic distribution of
1128	jurisdiction-wide growth forecasts is a major objective of the
1129	process.
1130	(i)(b)  A process to coordinate and share information
1131	relating to existing and planned public school facilities,
1132	including school renovations and closures, and local government
1133	plans for development and redevelopment.
1134	(j)(c)  Participation by affected local governments with
1135	the district school board in the process of evaluating potential
1136	school closures, significant renovations to existing schools,
1137	and new school site selection before land acquisition. Local
1138	governments shall advise the district school board as to the
1139	consistency of the proposed closure, renovation, or new site
1140	with the local comprehensive plan, including appropriate
1141	circumstances and criteria under which a district school board
1142	may request an amendment to the comprehensive plan for school
1143	siting.
1144	(k)(d)  A process for determining the need for and timing
1145	of onsite and offsite improvements to support new, proposed
1146	expansion, or redevelopment of existing schools. The process
1147	must address identification of the party or parties responsible
1148	for the improvements.
1149	(e)  A process for the school board to inform the local
1150	government regarding school capacity. The capacity reporting
1151	must be consistent with laws and rules relating to measurement
1152	of school facility capacity and must also identify how the
1153	district school board will meet the public school demand based
1154	on the facilities work program adopted pursuant to s. 1013.35.
1155	(l)(f)  Participation of the local governments in the
1156	preparation of the annual update to the district school board's
1157	5-year district facilities work program and educational plant
1158	survey prepared pursuant to s. 1013.35.
1159	(m)(g)  A process for determining where and how joint use
1160	of either school board or local government facilities can be
1161	shared for mutual benefit and efficiency.
1162	(n)(h)  A procedure for the resolution of disputes between
1163	the district school board and local governments, which may
1164	include the dispute resolution processes contained in chapters
1165	164 and 186.
1166	(o)(i)  An oversight process, including an opportunity for
1167	public participation, for the implementation of the interlocal
1168	agreement.
1169	(p)  A process for development of a public school
1170	facilities element pursuant to 163.3177(12).
1171	(q)  Provisions for siting and modification or enhancements
1172	to existing school facilities so as to encourage urban infill
1173	and redevelopment.
1174	(r)  A process for the use and conversion of historic
1175	school facilities that are no longer suitable for educational
1176	purposes as determined by the district school board.
1177
1178	For those local governments that receive a waiver pursuant to s.
1179	163.3177(2)(a), the interlocal agreement shall not include the
1180	issues provided for in paragraphs (a), (c), (d), (e), (f), (g),
1181	and (p). For counties or municipalities that do not have a
1182	public schools interlocal agreement or public school facility
1183	element, the assessment shall determine whether the local
1184	government continues to meet the criteria of s. 163.3177(12). If
1185	the county or municipality determines that it no longer meets
1186	the criteria, the county or municipality must adopt appropriate
1187	school concurrency goals, objectives, and policies in its plan
1188	amendments pursuant to the requirements of the public school
1189	facility element and enter into the existing interlocal
1190	agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
1191	order to fully participate in the school concurrency system. A
1192	signatory to the interlocal agreement may elect not to include a
1193	provision meeting the requirements of paragraph (e); however,
1194	such a decision may be made only after a public hearing on such
1195	election, which may include the public hearing in which a
1196	district school board or a local government adopts the
1197	interlocal agreement. An interlocal agreement entered into
1198	pursuant to this section must be consistent with the adopted
1199	comprehensive plan and land development regulations of any local
1200	government that is a signatory.
1201	(3)(a)  The updated interlocal agreement, adopted pursuant
1202	to the schedule adopted in accordance with s. 163.3177(12)(h),
1203	and any subsequent amendments must be submitted to the state
1204	land planning agency and the Office of Educational Facilities
1205	within 30 days after execution by the parties for review
1206	consistent with this section. The office and SMART Schools
1207	Clearinghouse shall submit any comments or concerns regarding
1208	the executed interlocal agreement or amendments to the state
1209	land planning agency within 30 days after receipt of the
1210	executed interlocal agreement or amendments. The state land
1211	planning agency shall review the updated executed interlocal
1212	agreement to determine whether it is consistent with the
1213	requirements of subsection (2), the adopted local government
1214	comprehensive plan, and other requirements of law. Within 60
1215	days after receipt of an updated executed interlocal agreement
1216	or amendment, the state land planning agency shall publish a
1217	notice on the agency's Internet website that states of intent in
1218	the Florida Administrative Weekly and shall post a copy of the
1219	notice on the agency's Internet site. The notice of intent must
1220	state whether the interlocal agreement is consistent or
1221	inconsistent with the requirements of subsection (2) and this
1222	subsection, as appropriate.
1223	(b)  The state land planning agency's notice is subject to
1224	challenge under chapter 120; however, an affected person, as
1225	defined in s. 163.3184(1)(a), has standing to initiate the
1226	administrative proceeding, and this proceeding is the sole means
1227	available to challenge the consistency of an interlocal
1228	agreement required by this section with the criteria contained
1229	in subsection (2) and this subsection. In order to have
1230	standing, each person must have submitted oral or written
1231	comments, recommendations, or objections to the local government
1232	or the school board before the adoption of the interlocal
1233	agreement by the school board and local government. The district
1234	school board and local governments are parties to any such
1235	proceeding. In this proceeding, when the state land planning
1236	agency finds the interlocal agreement to be consistent with the
1237	criteria in subsection (2) and this subsection, the interlocal
1238	agreement shall be determined to be consistent with subsection
1239	(2) and this subsection if the local government's and school
1240	board's determination of consistency is fairly debatable. When
1241	the state planning agency finds the interlocal agreement to be
1242	inconsistent with the requirements of subsection (2) and this
1243	subsection, the local government's and school board's
1244	determination of consistency shall be sustained unless it is
1245	shown by a preponderance of the evidence that the interlocal
1246	agreement is inconsistent.
1247	(c)  If the state land planning agency enters a final order
1248	that finds that the interlocal agreement is inconsistent with
1249	the requirements of subsection (2) or this subsection, it shall
1250	forward it to the Administration Commission, which may impose
1251	sanctions against the local government pursuant to s.
1252	163.3184(11) and may impose sanctions against the district
1253	school board by directing the Department of Education to
1254	withhold from the district school board an equivalent amount of
1255	funds for school construction available pursuant to ss. 1013.65,
1256	1013.68, 1013.70, and 1013.72.
1257	(4)  If an updated executed interlocal agreement is not
1258	timely submitted to the state land planning agency for review,
1259	the state land planning agency shall, within 15 working days
1260	after the deadline for submittal, issue to the local government
1261	and the district school board a Notice to Show Cause why
1262	sanctions should not be imposed for failure to submit an
1263	executed interlocal agreement by the deadline established by the
1264	agency. The agency shall forward the notice and the responses to
1265	the Administration Commission, which may enter a final order
1266	citing the failure to comply and imposing sanctions against the
1267	local government and district school board by directing the
1268	appropriate agencies to withhold at least 5 percent of state
1269	funds pursuant to s. 163.3184(11) and by directing the
1270	Department of Education to withhold from the district school
1271	board at least 5 percent of funds for school construction
1272	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
1273	1013.72.
1274	(5)  Any local government transmitting a public school
1275	element to implement school concurrency pursuant to the
1276	requirements of s. 163.3180 before July 1, 2005 the effective
1277	date of this section is not required to amend the element or any
1278	interlocal agreement to conform with the provisions of this
1279	section if the element is adopted prior to or within 1 year
1280	after the effective date of this section and remains in effect.
1281	(6)  Except as provided in subsection (7), municipalities
1282	meeting the exemption criteria in s. 163.3177(12) having no
1283	established need for a new school facility and meeting the
1284	following criteria are exempt from the requirements of
1285	subsections (1), (2), and (3).:
1286	(a)  The municipality has no public schools located within
1287	its boundaries.
1288	(b)  The district school board's 5-year facilities work
1289	program and the long-term 10-year and 20-year work programs, as
1290	provided in s. 1013.35, demonstrate that no new school facility
1291	is needed in the municipality. In addition, the district school
1292	board must verify in writing that no new school facility will be
1293	needed in the municipality within the 5-year and 10-year
1294	timeframes.
1295	(7)  At the time of the evaluation and appraisal report,
1296	each exempt municipality shall assess the extent to which it
1297	continues to meet the criteria for exemption under s.
1298	163.3177(12) subsection (6). If the municipality continues to
1299	meet these criteria and the district school board verifies in
1300	writing that no new school facilities will be needed within the
1301	5-year and 10-year timeframes, the municipality shall continue
1302	to be exempt from the interlocal-agreement requirement. Each
1303	municipality exempt under s. 163.3177(12) subsection (6) must
1304	comply with the provisions of this section within 1 year after
1305	the district school board proposes, in its 5-year district
1306	facilities work program, a new school within the municipality's
1307	jurisdiction.
1308	Section 7.  Paragraph (a) of subsection (1), paragraphs (a)
1309	and (c) of subsection (2), paragraph (c) of subsection (4),
1310	subsections (5), (6), (7), (9), (10), and (13), and paragraph
1311	(c) of subsection (15) of section 163.3180, Florida Statutes,
1312	are amended, and subsections (16) and (17) are added to said
1313	section, to read:
1314	163.3180  Concurrency.--
1315	(1)(a)  Sanitary sewer, solid waste, drainage, potable
1316	water, parks and recreation, schools, and transportation
1317	facilities, including mass transit, where applicable, are the
1318	only public facilities and services subject to the concurrency
1319	requirement on a statewide basis. Additional public facilities
1320	and services may not be made subject to concurrency on a
1321	statewide basis without appropriate study and approval by the
1322	Legislature; however, any local government may extend the
1323	concurrency requirement so that it applies to additional public
1324	facilities within its jurisdiction.
1325	(2)(a)  Consistent with public health and safety, sanitary
1326	sewer, solid waste, drainage, adequate water supplies, and
1327	potable water facilities shall be in place and available to
1328	serve new development no later than the issuance by the local
1329	government of a certificate of occupancy or its functional
1330	equivalent.
1331	(c)  Consistent with the public welfare, and except as
1332	otherwise provided in this section, transportation facilities
1333	designated as part of the Florida Intrastate Highway System
1334	needed to serve new development shall be in place or under
1335	actual construction within 3 not more than 5 years after
1336	issuance by the local government of a certificate of occupancy
1337	or its functional equivalent. Other transportation facilities
1338	needed to serve new development shall be in place or under
1339	actual construction no more than 3 years after issuance by the
1340	local government of a certificate of occupancy or its functional
1341	equivalent.
1342	(4)
1343	(c)  The concurrency requirement, except as it relates to
1344	transportation facilities, as implemented in local government
1345	comprehensive plans, may be waived by a local government for
1346	urban infill and redevelopment areas designated pursuant to s.
1347	163.2517 if such a waiver does not endanger public health or
1348	safety as defined by the local government in its local
1349	government comprehensive plan. The waiver shall be adopted as a
1350	plan amendment pursuant to the process set forth in s.
1351	163.3187(3)(a). A local government may grant a concurrency
1352	exception pursuant to subsection (5) for transportation
1353	facilities located within these urban infill and redevelopment
1354	areas. Within designated urban infill and redevelopment areas,
1355	the local government and Department of Transportation shall
1356	cooperatively establish a plan for maintaining the adopted
1357	level-of-service standards established by the Department of
1358	Transportation for Strategic Intermodal System facilities, as
1359	defined in s. 339.64.
1360	(5)(a)  The Legislature finds that under limited
1361	circumstances dealing with transportation facilities,
1362	countervailing planning and public policy goals may come into
1363	conflict with the requirement that adequate public facilities
1364	and services be available concurrent with the impacts of such
1365	development. The Legislature further finds that often the
1366	unintended result of the concurrency requirement for
1367	transportation facilities is the discouragement of urban infill
1368	development and redevelopment. Such unintended results directly
1369	conflict with the goals and policies of the state comprehensive
1370	plan and the intent of this part. Therefore, exceptions from the
1371	concurrency requirement for transportation facilities may be
1372	granted as provided by this subsection.
1373	(b)  A local government may grant an exception from the
1374	concurrency requirement for transportation facilities if the
1375	proposed development is otherwise consistent with the adopted
1376	local government comprehensive plan and is a project that
1377	promotes public transportation or is located within an area
1378	designated in the comprehensive plan for:
1379	1.  Urban infill development,
1380	2.  Urban redevelopment,
1381	3.  Downtown revitalization, or
1382	4.  Urban infill and redevelopment under s. 163.2517.
1383	(c)  The Legislature also finds that developments located
1384	within urban infill, urban redevelopment, existing urban
1385	service, or downtown revitalization areas or areas designated as
1386	urban infill and redevelopment areas under s. 163.2517 which
1387	pose only special part-time demands on the transportation system
1388	should be excepted from the concurrency requirement for
1389	transportation facilities. A special part-time demand is one
1390	that does not have more than 200 scheduled events during any
1391	calendar year and does not affect the 100 highest traffic volume
1392	hours.
1393	(d)  A local government shall establish guidelines for
1394	granting the exceptions authorized in paragraphs (b) and (c) in
1395	the comprehensive plan. These guidelines must include
1396	consideration of the Strategic Intermodal System impacts on the
1397	Florida Intrastate Highway System, as defined in s. 338.001. The
1398	exceptions may be available only within the specific geographic
1399	area of the jurisdiction designated in the plan. Pursuant to s.
1400	163.3184, any affected person may challenge a plan amendment
1401	establishing these guidelines and the areas within which an
1402	exception could be granted.
1403	(e)  It is a high state priority that urban infill and
1404	redevelopment be promoted and provided incentives. By promoting
1405	the revitalization of existing communities of this state, a more
1406	efficient maximization of space and facilities may be achieved
1407	and urban sprawl will be discouraged. If a local government
1408	creates a long-term vision for its community that includes
1409	adequate funding and services, the transportation facilities
1410	concurrency requirement of paragraph (2)(c) are waived for:
1411	1.  Urban infill development as designated in the
1412	comprehensive plan;
1413	2.  Urban redevelopment as designated in the comprehensive
1414	plan;
1415	3.  Downtown revitalization as designated in the
1416	comprehensive plan;
1417	4.  Urban infill and redevelopment under s. 163.2517 as
1418	designated in the comprehensive plan; or
1419	5.  Municipalities that are at least 90 percent built-out.
1420	"Built-out" means 90 percent of a local government's developable
1421	land is currently developed. However, any newly annexed property
1422	shall not be exempt from transportation facilities concurrency
1423	requirements unless the annexed property is at least 90 percent
1424	built out.
1425
1426	The local government and Department of Transportation shall
1427	cooperatively establish a plan for maintaining the adopted
1428	level-of-service standards established by the Department of
1429	Transportation for Strategic Intermodal System facilities, as
1430	defined in s. 339.64.
1431	(6)  The Legislature finds that a de minimis impact is
1432	consistent with this part. A de minimis impact is an impact that
1433	would not affect more than 1 percent of the maximum volume at
1434	the adopted level of service of the affected transportation
1435	facility as determined by the local government. No impact will
1436	be de minimis if the sum of existing roadway volumes and the
1437	projected volumes from approved projects on a transportation
1438	facility would exceed 110 percent of the maximum volume at the
1439	adopted level of service of the affected transportation
1440	facility; provided however, that an impact of a single family
1441	home on an existing lot will constitute a de minimis impact on
1442	all roadways regardless of the level of the deficiency of the
1443	roadway. Local governments are encouraged to adopt methodologies
1444	to encourage de minimis impacts on transportation facilities
1445	within an existing urban service area. Further, no impact will
1446	be de minimis if it would exceed the adopted level-of-service
1447	standard of any affected designated hurricane evacuation routes.
1448	Each local government shall annually adjust its concurrency
1449	management system calculation of existing background traffic to
1450	reflect projects permitted under the de minimis exemption.
1451	(7)  In order to promote infill development and
1452	redevelopment, one or more transportation concurrency management
1453	areas may be designated in a local government comprehensive
1454	plan. A transportation concurrency management area must be a
1455	compact geographic area with an existing network of roads where
1456	multiple, viable alternative travel paths or modes are available
1457	for common trips. A local government may establish an areawide
1458	level-of-service standard for such a transportation concurrency
1459	management area based upon an analysis that provides for a
1460	justification for the areawide level of service, how urban
1461	infill development or redevelopment will be promoted, and how
1462	mobility will be accomplished within the transportation
1463	concurrency management area. Within designated urban infill and
1464	redevelopment areas, the local government and Department of
1465	Transportation shall cooperatively establish a plan for
1466	maintaining the adopted level-of-service standards established
1467	by the Department of Transportation for Strategic Intermodal
1468	System facilities pursuant to s. 339.64. The state land planning
1469	agency shall amend chapter 9J-5, Florida Administrative Code, to
1470	be consistent with this subsection.
1471	(9)(a)  Each local government may adopt as a part of its
1472	plan a long-term transportation and school concurrency
1473	management systems system with a planning period of up to 10
1474	years for specially designated districts or areas where
1475	significant backlogs exist. The plan may include interim level-
1476	of-service standards on certain facilities and shall may rely on
1477	the local government's schedule of capital improvements for up
1478	to 10 years as a basis for issuing development orders that
1479	authorize commencement of construction permits in these
1480	designated districts or areas. The concurrency management
1481	system. It must be designed to correct existing deficiencies and
1482	set priorities for addressing backlogged facilities. The
1483	concurrency management system It must be financially feasible
1484	and consistent with other portions of the adopted local plan,
1485	including the future land use map.
1486	(b)  If a local government has a transportation or school
1487	facility backlog for existing development which cannot be
1488	adequately addressed in a 10-year plan, the state land planning
1489	agency may allow it to develop a plan and long-term schedule of
1490	capital improvements covering of up to 15 years for good and
1491	sufficient cause, based on a general comparison between that
1492	local government and all other similarly situated local
1493	jurisdictions, using the following factors:
1494	1.  The extent of the backlog.
1495	2.  For roads, whether the backlog is on local or state
1496	roads.
1497	3.  The cost of eliminating the backlog.
1498	4.  The local government's tax and other revenue-raising
1499	efforts.
1500	(c)  The local government may issue approvals to commence
1501	construction, notwithstanding s. 163.3180, consistent with and
1502	in areas that are subject to a long-term concurrency management
1503	system.
1504	(d)  If the local government adopts a long-term concurrency
1505	management system, the government must evaluate the system
1506	periodically. At a minimum, the local government must assess its
1507	progress toward improving levels of service within the long-term
1508	concurrency management district or area in the evaluation and
1509	appraisal report and determine any changes that are necessary to
1510	accelerate progress in meeting acceptable levels of service or
1511	providing other methods of transportation.
1512	(10)  With regard to facilities on the Florida Intrastate
1513	Highway System as defined in s. 338.001, with concurrence from
1514	the Department of Transportation, the level-of-service standard
1515	for general lanes in urbanized areas, as defined in s.
1516	334.03(36), may be established by the local government in the
1517	comprehensive plan. For the Strategic Intermodal System and all
1518	other facilities on the Florida Intrastate Highway System, local
1519	governments shall adopt the level-of-service standard that has
1520	been established by the Department of Transportation by rule.
1521	For all other roads on the State Highway System, local
1522	governments shall establish an adequate level-of-service
1523	standard that need not be consistent with any level-of-service
1524	standard established by the Department of Transportation. In
1525	establishing adequate level-of-service standards for any
1526	arterial roads or collector roads, as appropriate, which
1527	traverse multiple jurisdictions, local governments shall
1528	consider compatibility with the roadway facility's adopted
1529	level-of-service standards in adjacent jurisdictions. Each local
1530	government within a county shall use a professionally accepted
1531	methodology for measuring impacts on transportation facilities
1532	for the purposes of implementing its concurrency management
1533	system. Counties are encouraged to coordinate with adjacent
1534	counties and municipalities in such counties for the purpose of
1535	using common methodologies for implementing their concurrency
1536	management systems.
1537	(13)  In accordance with the schedule adopted in accordance
1538	with s. 163.3177(12)(h), school concurrency, if imposed by local
1539	option, shall be established on a districtwide basis and shall
1540	include all public schools in the district and all portions of
1541	the district, whether located in a municipality or an
1542	unincorporated area unless exempt from the public school
1543	facilities element pursuant to s. 163.3177(12), except that this
1544	subsection shall not apply to the Florida School for the Deaf
1545	and the Blind. The development of school concurrency shall be
1546	accomplished through a coordinated process including the local
1547	school district, the county, and all non-exempt municipalities
1548	within the county and shall be reflected in the public school
1549	facilities element adopted pursuant to the schedule provided for
1550	in s. 163.3177(12)(h). The school concurrency requirement shall
1551	not be effective until the adoption of the public school
1552	facilities element. The application of school concurrency to
1553	development shall be based upon the adopted comprehensive plan,
1554	as amended. All local governments within a county, except as
1555	provided in paragraph (f), shall adopt and transmit to the state
1556	land planning agency the necessary plan amendments, along with
1557	the interlocal agreement, for a compliance review pursuant to s.
1558	163.3184(7) and (8). School concurrency shall not become
1559	effective in a county until all local governments, except as
1560	provided in paragraph (f), have adopted the necessary plan
1561	amendments, which together with the interlocal agreement, are
1562	determined to be in compliance with the requirements of this
1563	part. The minimum requirements for school concurrency are the
1564	following:
1565	(a)  Public school facilities element.--A local government
1566	shall adopt and transmit to the state land planning agency a
1567	plan or plan amendment which includes a public school facilities
1568	element which is consistent with the requirements of s.
1569	163.3177(12) and which is determined to be in compliance as
1570	defined in s. 163.3184(1)(b). All local government public school
1571	facilities plan elements within a county must be consistent with
1572	each other as well as the requirements of this part.
1573	(b)  Level-of-service standards.--The Legislature
1574	recognizes that an essential requirement for a concurrency
1575	management system is the level of service at which a public
1576	facility is expected to operate.
1577	1.  Local governments and school boards imposing school
1578	concurrency shall exercise authority in conjunction with each
1579	other to establish jointly adequate level-of-service standards,
1580	as defined in chapter 9J-5, Florida Administrative Code,
1581	necessary to implement the adopted local government
1582	comprehensive plan, based on data and analysis.
1583	2.  Public school level-of-service standards shall be
1584	included and adopted into the capital improvements element of
1585	the local comprehensive plan and shall apply districtwide to all
1586	schools of the same type. Types of schools may include charter,
1587	elementary, middle, and high schools as well as special purpose
1588	facilities such as magnet schools.
1589	3.  Local governments and school boards shall have the
1590	option to utilize tiered level-of-service standards to allow
1591	time to achieve an adequate and desirable level of service as
1592	circumstances warrant.
1593	(c)  Service areas.--The Legislature recognizes that an
1594	essential requirement for a concurrency system is a designation
1595	of the area within which the level of service will be measured
1596	when an application for a residential development permit is
1597	reviewed for school concurrency purposes. This delineation is
1598	also important for purposes of determining whether the local
1599	government has a financially feasible public school capital
1600	facilities program that will provide schools which will achieve
1601	and maintain the adopted level-of-service standards.
1602	1.  In order to balance competing interests, preserve the
1603	constitutional concept of uniformity, and avoid disruption of
1604	existing educational and growth management processes, local
1605	governments are encouraged to initially apply school concurrency
1606	to development only on a districtwide basis so that a
1607	concurrency determination for a specific development will be
1608	based upon the availability of school capacity districtwide. To
1609	ensure that development is coordinated with schools having
1610	available capacity, within 5 years after adoption of school
1611	concurrency local governments shall apply school concurrency on
1612	a less than districtwide basis, such as using school attendance
1613	zones or concurrency service areas, as provided in subparagraph
1614	2.
1615	2.  For local governments applying school concurrency on a
1616	less than districtwide basis, such as utilizing school
1617	attendance zones or larger school concurrency service areas,
1618	local governments and school boards shall have the burden to
1619	demonstrate that the utilization of school capacity is maximized
1620	to the greatest extent possible in the comprehensive plan and
1621	amendment, taking into account transportation costs and court-
1622	approved desegregation plans, as well as other factors. In
1623	addition, in order to achieve concurrency within the service
1624	area boundaries selected by local governments and school boards,
1625	the service area boundaries, together with the standards for
1626	establishing those boundaries, shall be identified and, included
1627	as supporting data and analysis for, and adopted as part of the
1628	comprehensive plan. Any subsequent change to the service area
1629	boundaries for purposes of a school concurrency system shall be
1630	by plan amendment and shall be exempt from the limitation on the
1631	frequency of plan amendments in s. 163.3187(1).
1632	3.  Where school capacity is available on a districtwide
1633	basis but school concurrency is applied on a less than
1634	districtwide basis in the form of concurrency service areas, if
1635	the adopted level-of-service standard cannot be met in a
1636	particular service area as applied to an application for a
1637	development permit through mitigation or other measures and if
1638	the needed capacity for the particular service area is available
1639	in one or more contiguous service areas, as adopted by the local
1640	government, then the development order  may not shall be denied
1641	on the basis of school concurrency, and if issued, development
1642	impacts shall be shifted to contiguous service areas with
1643	schools having available capacity and mitigation measures shall
1644	not be exacted.
1645	(d)  Financial feasibility.--The Legislature recognizes
1646	that financial feasibility is an important issue because the
1647	premise of concurrency is that the public facilities will be
1648	provided in order to achieve and maintain the adopted level-of-
1649	service standard. This part and chapter 9J-5, Florida
1650	Administrative Code, contain specific standards to determine the
1651	financial feasibility of capital programs. These standards were
1652	adopted to make concurrency more predictable and local
1653	governments more accountable.
1654	1.  A comprehensive plan amendment seeking to impose school
1655	concurrency shall contain appropriate amendments to the capital
1656	improvements element of the comprehensive plan, consistent with
1657	the requirements of s. 163.3177(3) and rule 9J-5.016, Florida
1658	Administrative Code. The capital improvements element shall set
1659	forth a financially feasible public school capital facilities
1660	program, established in conjunction with the school board, that
1661	demonstrates that the adopted level-of-service standards will be
1662	achieved and maintained.
1663	2.  Such amendments shall demonstrate that the public
1664	school capital facilities program meets all of the financial
1665	feasibility standards of this part and chapter 9J-5, Florida
1666	Administrative Code, that apply to capital programs which
1667	provide the basis for mandatory concurrency on other public
1668	facilities and services.
1669	3.  When the financial feasibility of a public school
1670	capital facilities program is evaluated by the state land
1671	planning agency for purposes of a compliance determination, the
1672	evaluation shall be based upon the service areas selected by the
1673	local governments and school board.
1674	(e)  Availability standard.--Consistent with the public
1675	welfare, a local government may not deny an application for site
1676	plan or final subdivision approval, or a functional equivalent
1677	for a development or phase of a development, permit authorizing
1678	residential development for failure to achieve and maintain the
1679	level-of-service standard for public school capacity in a local
1680	option school concurrency management system where adequate
1681	school facilities will be in place or under actual construction
1682	within 3 years after the permit issuance by the local government
1683	of site plan or final subdivision approval or its functional
1684	equivalent. School concurrency shall be satisfied if the
1685	developer executes a legally binding commitment to provide
1686	mitigation proportionate to the demand for public school
1687	facilities to be created by actual development of the property,
1688	including, but not limited to, the options described in
1689	subparagraph 1. Approval of a funding agreement shall not be
1690	unreasonably withheld. Any dispute shall be mediated pursuant to
1691	s. 120.573. Options for proportionate-share mitigation of
1692	impacts on public school facilities shall be established in the
1693	interlocal agreement pursuant to s. 163.31777.
1694	1.  Appropriate mitigation options include the contribution
1695	of land; the construction, expansion, or payment for land
1696	acquisition or construction of a public school facility; or the
1697	creation of mitigation banking based on the construction of a
1698	public school facility in exchange for the right to sell
1699	capacity credits. Such options must include execution by the
1700	applicant and the local government of a binding development
1701	agreement that constitutes a legally binding commitment to pay
1702	proportionate-share mitigation for the additional residential
1703	units approved by the local government in a development order
1704	and actually developed on the property, taking into account
1705	residential density allowed on the property prior to the plan
1706	amendment that increased overall residential density. Mitigation
1707	for development impacts to public schools requires the
1708	concurrence of the local school board. As a condition of its
1709	entry into such a development agreement, the local government
1710	may require the landowner to agree to continuing renewal of the
1711	agreement upon its expiration.
1712	2.  If the education facilities plan and the public
1713	educational facilities element authorize a contribution of land;
1714	the construction, expansion, or payment for land acquisition; or
1715	the construction or expansion of a public school facility, or a
1716	portion of such facility, as proportionate-share mitigation, the
1717	local government shall credit such a contribution, construction,
1718	expansion, or payment toward any other impact fee or exaction
1719	imposed by local ordinance for the same need, on a dollar-for-
1720	dollar basis at fair market value.
1721	3.  Any proportionate-share mitigation must be directed by
1722	the school board toward a school capacity improvement that is
1723	identified in the financially feasible 5-year district work plan
1724	and that will be provided in accordance with a legally binding
1725	agreement.
1726	(f)  Intergovernmental coordination.--
1727	1.  When establishing concurrency requirements for public
1728	schools, a local government shall satisfy the requirements for
1729	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1730	and 2., except that a municipality is not required to be a
1731	signatory to the interlocal agreement required by ss. s.
1732	163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1733	imposition of school concurrency, and as a nonsignatory, shall
1734	not participate in the adopted local school concurrency system,
1735	if the municipality meets all of the following criteria for
1736	having no significant impact on school attendance:
1737	a.  The municipality has issued development orders for
1738	fewer than 50 residential dwelling units during the preceding 5
1739	years, or the municipality has generated fewer than 25
1740	additional public school students during the preceding 5 years.
1741	b.  The municipality has not annexed new land during the
1742	preceding 5 years in land use categories which permit
1743	residential uses that will affect school attendance rates.
1744	c.  The municipality has no public schools located within
1745	its boundaries.
1746	d.  At least 80 percent of the developable land within the
1747	boundaries of the municipality has been built upon.
1748	2.  A municipality which qualifies as having no significant
1749	impact on school attendance pursuant to the criteria of
1750	subparagraph 1. must review and determine at the time of its
1751	evaluation and appraisal report pursuant to s. 163.3191 whether
1752	it continues to meet the criteria pursuant to s. 163.31777(6).
1753	If the municipality determines that it no longer meets the
1754	criteria, it must adopt appropriate school concurrency goals,
1755	objectives, and policies in its plan amendments based on the
1756	evaluation and appraisal report, and enter into the existing
1757	interlocal agreement required by ss. s. 163.3177(6)(h)2. and
1758	163.31777, in order to fully participate in the school
1759	concurrency system. If such a municipality fails to do so, it
1760	will be subject to the enforcement provisions of s. 163.3191.
1761	(g)  Interlocal agreement for school concurrency.--When
1762	establishing concurrency requirements for public schools, a
1763	local government must enter into an interlocal agreement which
1764	satisfies the requirements in s. 163.3177(6)(h)1. and 2. and the
1765	requirements of this subsection. The interlocal agreement shall
1766	acknowledge both the school board's constitutional and statutory
1767	obligations to provide a uniform system of free public schools
1768	on a countywide basis, and the land use authority of local
1769	governments, including their authority to approve or deny
1770	comprehensive plan amendments and development orders. The
1771	interlocal agreement shall be submitted to the state land
1772	planning agency by the local government as a part of the
1773	compliance review, along with the other necessary amendments to
1774	the comprehensive plan required by this part. In addition to the
1775	requirements of s. 163.3177(6)(h), the interlocal agreement
1776	shall meet the following requirements:
1777	1.  Establish the mechanisms for coordinating the
1778	development, adoption, and amendment of each local government's
1779	public school facilities element with each other and the plans
1780	of the school board to ensure a uniform districtwide school
1781	concurrency system.
1782	2.  Establish a process by which each local government and
1783	the school board shall agree and base their plans on consistent
1784	projections of the amount, type, and distribution of population
1785	growth and coordinate and share information relating to existing
1786	and planned public school facilities projections and proposals
1787	for development and redevelopment, and infrastructure required
1788	to support public school facilities.
1789	3.  Establish a process for the development of siting
1790	criteria which encourages the location of public schools
1791	proximate to urban residential areas to the extent possible and
1792	seeks to collocate schools with other public facilities such as
1793	parks, libraries, and community centers to the extent possible.
1794	4.  Specify uniform, districtwide level-of-service
1795	standards for public schools of the same type and the process
1796	for modifying the adopted levels-of-service standards.
1797	5.  Establish a process for the preparation, amendment, and
1798	joint approval by each local government and the school board of
1799	a public school capital facilities program which is financially
1800	feasible, and a process and schedule for incorporation of the
1801	public school capital facilities program into the local
1802	government comprehensive plans on an annual basis.
1803	6.  Define the geographic application of school
1804	concurrency. If school concurrency is to be applied on a less
1805	than districtwide basis in the form of concurrency service
1806	areas, the agreement shall establish criteria and standards for
1807	the establishment and modification of school concurrency service
1808	areas. The agreement shall also establish a process and schedule
1809	for the mandatory incorporation of the school concurrency
1810	service areas and the criteria and standards for establishment
1811	of the service areas into the local government comprehensive
1812	plans. The agreement shall ensure maximum utilization of school
1813	capacity, taking into account transportation costs and court-
1814	approved desegregation plans, as well as other factors. The
1815	agreement shall also ensure the achievement and maintenance of
1816	the adopted level-of-service standards for the geographic area
1817	of application throughout the 5 years covered by the public
1818	school capital facilities plan and thereafter by adding a new
1819	fifth year during the annual update.
1820	7.  Establish a uniform districtwide procedure for
1821	implementing school concurrency which provides for:
1822	a.  The evaluation of development applications for
1823	compliance with school concurrency requirements;
1824	b.  An opportunity for the school board to review and
1825	comment on the effect of comprehensive plan amendments and
1826	rezonings on the public school facilities plan; and
1827	c.  The monitoring and evaluation of the school concurrency
1828	system.
1829	8.  Include provisions relating to termination, suspension,
1830	and amendment of the agreement. The agreement shall provide that
1831	if the agreement is terminated or suspended, the application of
1832	school concurrency shall be terminated or suspended.
1833	(15)
1834	(c)  Local governments may establish multimodal level-of-
1835	service standards that rely primarily on nonvehicular modes of
1836	transportation within the district, when justified by an
1837	analysis demonstrating that the existing and planned community
1838	design will provide an adequate level of mobility within the
1839	district based upon professionally accepted multimodal level-of-
1840	service methodologies. Within designated urban infill and
1841	redevelopment areas, the local government and Department of
1842	Transportation shall cooperatively establish a plan for
1843	maintaining the adopted level-of-service standards established
1844	by the Department of Transportation for Strategic Intermodal
1845	System facilities, as defined in s. 339.64. The analysis must
1846	take into consideration the impact on the Florida Intrastate
1847	Highway System. The analysis must also demonstrate that the
1848	capital improvements required to promote community design are
1849	financially feasible over the development or redevelopment
1850	timeframe for the district and that community design features
1851	within the district provide convenient interconnection for a
1852	multimodal transportation system. Local governments may issue
1853	development permits in reliance upon all planned community
1854	design capital improvements that are financially feasible over
1855	the development or redevelopment timeframe for the district,
1856	without regard to the period of time between development or
1857	redevelopment and the scheduled construction of the capital
1858	improvements. A determination of financial feasibility shall be
1859	based upon currently available funding or funding sources that
1860	could reasonably be expected to become available over the
1861	planning period.
1862	(16)(a)  It is the intent of the Legislature to provide a
1863	method by which the impacts of development on transportation
1864	facilities can be mitigated by the cooperative efforts of the
1865	public and private sectors.
1866	(b)  When authorized in a local government comprehensive
1867	plan, local governments may create mitigation banks for
1868	transportation facilities to satisfy the concurrency provisions
1869	of this section, using the process and methodology developed in
1870	accordance with s. 163.3177(6)(b).
1871	(c)  Mitigation contributions shall be used to satisfy the
1872	transportation concurrency requirements of this section and may
1873	be applied as a credit against impact fees. Mitigation for
1874	development impacts to facilities on the Strategic Intermodal
1875	System made pursuant to this subsection requires the concurrence
1876	of the Department of Transportation. However, this does not
1877	authorize the Department of Transportation to arbitrarily charge
1878	a fee or require additional mitigation. Concurrence by the
1879	Department of Transportation may not be withheld unduly.
1880	(d)  Transportation facilities concurrency shall be
1881	satisfied if the developer executes a legally binding commitment
1882	to provide mitigation proportionate to the demand for
1883	transportation facilities to be created by actual development of
1884	the property, including, but not limited to, the options for
1885	mitigation established in the transportation element or traffic
1886	circulation element. Approval of a funding agreement shall not
1887	be unreasonably withheld. Any dispute shall be mediated pursuant
1888	to s. 120.573. Appropriate transportation mitigation
1889	contributions may include public or private funds; the
1890	contribution of right-of-way; the construction of a
1891	transportation facility or payment for the right-of-way or
1892	construction of a transportation facility or service; or the
1893	provision of transit service. Such options shall include
1894	execution of an enforceable development agreement for projects
1895	to be funded by a developer.
1896	(17)  A development may satisfy the concurrency
1897	requirements of the local comprehensive plan, the local
1898	government's land development regulations, and s. 380.06 by
1899	entering into a legally binding commitment to provide mitigation
1900	proportionate to the direct impact of the development. A local
1901	government may not require a development to pay more than its
1902	proportionate-share contribution regardless of the method
1903	mitigation.
1904	Section 8.  Paragraph (b) of subsection (1), subsection
1905	(4), and paragraph (a) of subsection (6) of section 163.3184,
1906	Florida Statutes, are amended to read:
1907	163.3184  Process for adoption of comprehensive plan or
1908	plan amendment.--
1909	(1)  DEFINITIONS.--As used in this section, the term:
1910	(b)  "In compliance" means consistent with the requirements
1911	of s. ss. 163.3177, 163.31776, when a local government adopts an
1912	educational facilities element, 163.3178, 163.3180, 163.3191,
1913	and 163.3245, with the state comprehensive plan, with the
1914	appropriate strategic regional policy plan, and with chapter 9J-
1915	5, Florida Administrative Code, where such rule is not
1916	inconsistent with this part and with the principles for guiding
1917	development in designated areas of critical state concern and
1918	with part III of chapter 369, where applicable.
1919	(4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
1920	specified in paragraph (3)(a) shall provide comments to the
1921	state land planning agency within 30 days after receipt by the
1922	state land planning agency of the complete proposed plan
1923	amendment. If the plan or plan amendment includes or relates to
1924	the public school facilities element pursuant to s. 163.3177
1925	163.31776, the state land planning agency shall submit a copy to
1926	the Office of Educational Facilities of the Commissioner of
1927	Education for review and comment. The appropriate regional
1928	planning council shall also provide its written comments to the
1929	state land planning agency within 30 days after receipt by the
1930	state land planning agency of the complete proposed plan
1931	amendment and shall specify any objections, recommendations for
1932	modifications, and comments of any other regional agencies to
1933	which the regional planning council may have referred the
1934	proposed plan amendment. Written comments submitted by the
1935	public within 30 days after notice of transmittal by the local
1936	government of the proposed plan amendment will be considered as
1937	if submitted by governmental agencies. All written agency and
1938	public comments must be made part of the file maintained under
1939	subsection (2).
1940	(6)  STATE LAND PLANNING AGENCY REVIEW.--
1941	(a)  The state land planning agency may shall review a
1942	proposed plan amendment upon request of a regional planning
1943	council, affected person, or local government transmitting the
1944	plan amendment. The request from the regional planning council
1945	or affected person must be received within 30 days after
1946	transmittal of the proposed plan amendment pursuant to
1947	subsection (3). A regional planning council or affected person
1948	requesting a review shall do so by submitting a written request
1949	to the agency with a notice of the request to the local
1950	government and any other person who has requested notice.
1951	Section 9.  Paragraphs (c) and (l) of subsection (1) of
1952	section 163.3187, Florida Statutes, are amended, and paragraph
1953	(o) is added to said subsection, to read:
1954	163.3187  Amendment of adopted comprehensive plan.--
1955	(1)  Amendments to comprehensive plans adopted pursuant to
1956	this part may be made not more than two times during any
1957	calendar year, except:
1958	(c)  Any local government comprehensive plan amendments
1959	directly related to proposed small scale development activities
1960	may be approved without regard to statutory limits on the
1961	frequency of consideration of amendments to the local
1962	comprehensive plan. A small scale development amendment may be
1963	adopted only under the following conditions:
1964	1.  The proposed amendment involves a use of 10 acres or
1965	fewer and:
1966	a.  The cumulative annual effect of the acreage for all
1967	small scale development amendments adopted by the local
1968	government shall not exceed:
1969	(I)  A maximum of 120 acres in a local government that
1970	contains areas specifically designated in the local
1971	comprehensive plan for urban infill, urban redevelopment, or
1972	downtown revitalization as defined in s. 163.3164, urban infill
1973	and redevelopment areas designated under s. 163.2517,
1974	transportation concurrency exception areas approved pursuant to
1975	s. 163.3180(5), or regional activity centers and urban central
1976	business districts approved pursuant to s. 380.06(2)(e);
1977	however, amendments under this paragraph may be applied to no
1978	more than 60 acres annually of property outside the designated
1979	areas listed in this sub-sub-subparagraph. Amendments adopted
1980	pursuant to paragraph (k) shall not be counted toward the
1981	acreage limitations for small scale amendments under this
1982	paragraph.
1983	(II)  A maximum of 80 acres in a local government that does
1984	not contain any of the designated areas set forth in sub-sub-
1985	subparagraph (I).
1986	(III)  A maximum of 120 acres in a county established
1987	pursuant to s. 9, Art. VIII of the State Constitution.
1988	b.  The proposed amendment does not involve the same
1989	property granted a change within the prior 12 months.
1990	c.  The proposed amendment does not involve the same
1991	owner's property within 200 feet of property granted a change
1992	within the prior 12 months.
1993	d.  The proposed amendment does not involve a text change
1994	to the goals, policies, and objectives of the local government's
1995	comprehensive plan, but only proposes a land use change to the
1996	future land use map for a site-specific small scale development
1997	activity.
1998	e.  The property that is the subject of the proposed
1999	amendment is not located within an area of critical state
2000	concern, unless the project subject to the proposed amendment
2001	involves the construction of affordable housing units meeting
2002	the criteria of s. 420.0004(3), and is located within an area of
2003	critical state concern designated by s. 380.0552 or by the
2004	Administration Commission pursuant to s. 380.05(1). Such
2005	amendment is not subject to the density limitations of sub-
2006	subparagraph f., and shall be reviewed by the state land
2007	planning agency for consistency with the principles for guiding
2008	development applicable to the area of critical state concern
2009	where the amendment is located and shall not become effective
2010	until a final order is issued under s. 380.05(6).
2011	f.  If the proposed amendment involves a residential land
2012	use, the residential land use has a density of 10 units or less
2013	per acre, except that this limitation does not apply to small
2014	scale amendments involving the construction of affordable
2015	housing units meeting the criteria of s. 420.0004(3) on property
2016	which will be the subject of a land use restriction agreement or
2017	extended use agreement recorded in conjunction with the issuance
2018	of tax exempt bond financing or an allocation of federal tax
2019	credits issued through the Florida Housing Finance Corporation
2020	or a local housing finance authority authorized by the Division
2021	of Bond Finance of the State Board of Administration, or small
2022	scale amendments described in sub-sub-subparagraph a.(I) that
2023	are designated in the local comprehensive plan for urban infill,
2024	urban redevelopment, or downtown revitalization as defined in s.
2025	163.3164, urban infill and redevelopment areas designated under
2026	s. 163.2517, transportation concurrency exception areas approved
2027	pursuant to s. 163.3180(5), or regional activity centers and
2028	urban central business districts approved pursuant to s.
2029	380.06(2)(e).
2030	2.a.  A local government that proposes to consider a plan
2031	amendment pursuant to this paragraph is not required to comply
2032	with the procedures and public notice requirements of s.
2033	163.3184(15)(c) for such plan amendments if the local government
2034	complies with the provisions in s. 125.66(4)(a) for a county or
2035	in s. 166.041(3)(c) for a municipality. If a request for a plan
2036	amendment under this paragraph is initiated by other than the
2037	local government, public notice is required.
2038	b.  The local government shall send copies of the notice
2039	and amendment to the state land planning agency, the regional
2040	planning council, and any other person or entity requesting a
2041	copy. This information shall also include a statement
2042	identifying any property subject to the amendment that is
2043	located within a coastal high hazard area as identified in the
2044	local comprehensive plan.
2045	3.  Small scale development amendments adopted pursuant to
2046	this paragraph require only one public hearing before the
2047	governing board, which shall be an adoption hearing as described
2048	in s. 163.3184(7), and are not subject to the requirements of s.
2049	163.3184(3)-(6) unless the local government elects to have them
2050	subject to those requirements.
2051	(l)  A comprehensive plan amendment to adopt a public
2052	educational facilities element pursuant to s. 163.3177 163.31776
2053	and future land-use-map amendments for school siting may be
2054	approved notwithstanding statutory limits on the frequency of
2055	adopting plan amendments.
2056	(o)1.  For local governments that are more than 90 percent
2057	built-out, which for purposes of this paragraph means 90 percent
2058	of a local government's developable land is currently developed,
2059	any local government comprehensive plan amendments may be
2060	approved without regard to statutory limits on the frequency of
2061	consideration of amendments to the local comprehensive plan only
2062	if the proposed amendment involves a use of 100 acres or fewer
2063	and:
2064	a.  The cumulative annual effect of the acreage for all
2065	amendments adopted pursuant to this paragraph does not exceed
2066	500 acres.
2067	b.  The proposed amendment does not involve the same
2068	property granted a change within the prior 12 months.
2069	c.  The proposed amendment does not involve the same
2070	owner's property within 200 feet of property granted a change
2071	within the prior 12 months.
2072	d.  The proposed amendment does not involve a text change
2073	to the goals, policies, and objectives of the local government's
2074	comprehensive plan but only proposes a land use change to the
2075	future land use map for a site-specific small scale development
2076	activity.
2077	e.  The property that is the subject of the proposed
2078	amendment is not located within an area of critical state
2079	concern.
2080	2.a.  A local government that proposes to consider a plan
2081	amendment pursuant to this paragraph is not required to comply
2082	with the procedures and public notice requirements of s.
2083	163.3184(15)(c) for such plan amendments if the local government
2084	complies with the provisions of s. 125.66(4)(a) for a county or
2085	of s. 166.041(3)(c) for a municipality. If a request for a plan
2086	amendment under this paragraph is initiated by other than the
2087	local government, public notice is required.
2088	b.  The local government shall send copies of the notice
2089	and amendment to the state land planning agency, the regional
2090	planning council, and any other person or entity requesting a
2091	copy. This information shall also include a statement
2092	identifying any property subject to the amendment that is
2093	located within a coastal high hazard area as identified in the
2094	local comprehensive plan.
2095	3.  Amendments adopted pursuant to this paragraph require
2096	only one public hearing before the governing board, which shall
2097	be an adoption hearing as described in s. 163.3184(7), and are
2098	not subject to the requirements of s. 163.3184(3)-(6) unless the
2099	local government elects to have them subject to those
2100	requirements.
2101	4.  This paragraph shall not apply if a municipality
2102	annexes unincorporated property that decreases the percentage of
2103	build-out to an amount below 90 percent.
2104	Section 10.  Paragraphs (k) and (l) of subsection (2) and
2105	subsection (10) of section 163.3191, Florida Statutes, are
2106	amended, and paragraph (o) is added to subsection (2) of said
2107	section, to read:
2108	163.3191  Evaluation and appraisal of comprehensive plan.--
2109	(2)  The report shall present an evaluation and assessment
2110	of the comprehensive plan and shall contain appropriate
2111	statements to update the comprehensive plan, including, but not
2112	limited to, words, maps, illustrations, or other media, related
2113	to:
2114	(k)  The coordination of the comprehensive plan with
2115	existing public schools and those identified in the applicable
2116	educational facilities plan adopted pursuant to s. 1013.35. The
2117	assessment shall address, where relevant, the success or failure
2118	of the coordination of the future land use map and associated
2119	planned residential development with public schools and their
2120	capacities, as well as the joint decisionmaking processes
2121	engaged in by the local government and the school board in
2122	regard to establishing appropriate population projections and
2123	the planning and siting of public school facilities. For
2124	counties or municipalities that do not have a public schools
2125	interlocal agreement or public school facility element, the
2126	assessment shall determine whether the local government
2127	continues to meet the criteria of s. 163.3177(12). If the county
2128	or municipality determines that it no longer meets the criteria,
2129	the county or municipality must adopt appropriate school
2130	concurrency goals, objectives, and policies in its plan
2131	amendments pursuant to the requirements of the public school
2132	facility element and enter into the existing interlocal
2133	agreement required by ss. 163.3177(6)(h)2. and 163.31777 in
2134	order to fully participate in the school concurrency system If
2135	the issues are not relevant, the local government shall
2136	demonstrate that they are not relevant.
2137	(l)  The extent to which the report evaluates whether the
2138	local government has been successful in identifying water supply
2139	sources, including conservation and reuse, necessary to meet
2140	existing and projected water use demand for the comprehensive
2141	plan's water supply work plan. The water supply sources
2142	evaluated in the report must be consistent with evaluation must
2143	consider the appropriate water management district's regional
2144	water supply plan approved pursuant to s. 373.0361. The report
2145	must evaluate the degree to which the local government has
2146	implemented the work plan for water supply facilities included
2147	in the potable water element. The potable water element must be
2148	revised to include a work plan, covering at least a 10-year
2149	planning period, for building any water supply facilities that
2150	are identified in the element as necessary to serve existing and
2151	new development and for which the local government is
2152	responsible.
2153	(o)  The extent to which a concurrency exception area over
2154	20,000 acres that has been designated pursuant to s.
2155	163.3180(5)(a)-(d), s. 163.3180(7), or s. 163.3180(15) or a
2156	special act, has achieved the purpose for which it was created
2157	and otherwise complies with the provisions of s. 163.3180.
2158	(10)  The governing body shall amend its comprehensive plan
2159	based on the recommendations in the report and shall update the
2160	comprehensive plan based on the components of subsection (2),
2161	pursuant to the provisions of ss. 163.3184, 163.3187, and
2162	163.3189. Amendments to update a comprehensive plan based on the
2163	evaluation and appraisal report shall be adopted within 18
2164	months after the report is determined to be sufficient by the
2165	state land planning agency, except the state land planning
2166	agency may grant an extension for adoption of a portion of such
2167	amendments. The state land planning agency may grant a 6-month
2168	extension for the adoption of such amendments if the request is
2169	justified by good and sufficient cause as determined by the
2170	agency. An additional extension may also be granted if the
2171	request will result in greater coordination between
2172	transportation and land use, for the purposes of improving
2173	Florida's transportation system, as determined by the agency in
2174	coordination with the Metropolitan Planning Organization
2175	program. Failure to timely adopt updating amendments to the
2176	comprehensive plan based on the evaluation and appraisal report
2177	shall result in a local government being prohibited from
2178	adopting amendments to the comprehensive plan until the
2179	evaluation and appraisal report updating amendments have been
2180	adopted and transmitted to the state land planning agency. The
2181	prohibition on plan amendments shall commence when the updating
2182	amendments to the comprehensive plan are past due. The
2183	comprehensive plan as amended shall be in compliance as defined
2184	in s. 163.3184(1)(b). Within 6 months after the effective date
2185	of the updating amendments to the comprehensive plan, the local
2186	government shall provide to the state land planning agency and
2187	to all agencies designated by rule a complete copy of the
2188	updated comprehensive plan.
2189	Section 11.  Section 163.3247, Florida Statutes, is created
2190	to read:
2191	163.3247  Century Commission for a Sustainable Florida.--
2192	(1)  POPULAR NAME.--This section may be cited as the
2193	"Century Commission for a Sustainable Florida Act."
2194	(2)  FINDINGS AND INTENT.--The Legislature finds and
2195	declares that the population of this state is expected to more
2196	than double over the next 100 years, with commensurate impacts
2197	to the state's natural resources and public infrastructure.
2198	Consequently, it is in the best interests of the people of the
2199	state to ensure sound planning for the proper placement of this
2200	growth and protection of the state's land, water, and other
2201	natural resources since such resources are essential to our
2202	collective quality of life and a strong economy. The state's
2203	growth management system should foster economic stability
2204	through regional solutions and strategies, urban renewal and
2205	infill, and the continued viability of agricultural economies,
2206	while allowing for rural economic development and protecting the
2207	unique characteristics of rural areas, and should reduce the
2208	complexity of the regulatory process while carrying out the
2209	intent of the laws and encouraging greater citizen
2210	participation.
2211	(3)  CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
2212	CREATION; ORGANIZATION.--The Century Commission for a
2213	Sustainable Florida is created as a standing body to help the
2214	citizens of this state envision and plan their collective future
2215	with an eye towards both 20-year and 50-year horizons.
2216	(a)  The commission shall consist of nine members, three
2217	appointed by the Governor, three appointed by the President of
2218	the Senate, and three appointed by the Speaker of the House of
2219	Representatives. Appointments shall be made no later than
2220	October 1, 2005. One member shall be designated by the Governor
2221	as chair of the commission. Any vacancy that occurs on the
2222	commission must be filled in the same manner as the original
2223	appointment and shall be for the unexpired term of that
2224	commission seat. Members shall serve 4-year terms, except that,
2225	initially, to provide for staggered terms, three of the
2226	appointees, one each by the Governor, the President of the
2227	Senate, and the Speaker of the House of Representatives, shall
2228	serve 2-year terms, three shall serve 3-year terms, and three
2229	shall serve 4-year terms. All subsequent appointments shall be
2230	for 4-year terms. An appointee may not serve more than 6 years.
2231	(b)  The first meeting of the commission shall be held no
2232	later than December 1, 2005, and shall meet at the call of the
2233	chair but not less frequently than three times per year in
2234	different regions of the state to solicit input from the public
2235	or any other individuals offering testimony relevant to the
2236	issues to be considered.
2237	(c)  Each member of the commission is entitled to one vote
2238	and actions of the commission are not binding unless taken by a
2239	three-fifths vote of the members present. A majority of the
2240	members is required to constitute a quorum, and the affirmative
2241	vote of a quorum is required for a binding vote.
2242	(d)  Members of the commission shall serve without
2243	compensation but shall be entitled to receive per diem and
2244	travel expenses in accordance with s. 112.061 while in
2245	performance of their duties.
2246	(4)  POWERS AND DUTIES.--The commission shall:
2247	(a)  Annually conduct a process through which the
2248	commission envisions the future for the state and then develops
2249	and recommends policies, plans, action steps, or strategies to
2250	assist in achieving the vision.
2251	(b)  Continuously review and consider statutory and
2252	regulatory provisions, governmental processes, and societal and
2253	economic trends in its inquiry of how state, regional, and local
2254	governments and entities and citizens of this state can best
2255	accommodate projected increased populations while maintaining
2256	the natural, historical, cultural, and manmade life qualities
2257	that best represent the state.
2258	(c)  Bring together people representing varied interests to
2259	develop a shared image of the state and its developed and
2260	natural areas. The process should involve exploring the impact
2261	of the estimated population increase and other emerging trends
2262	and issues; creating a vision for the future; and developing a
2263	strategic action plan to achieve that vision using 20-year and
2264	50-year intermediate planning timeframes.
2265	(d)  Focus on essential state interests, defined as those
2266	interests that transcend local or regional boundaries and are
2267	most appropriately conserved, protected, and promoted at the
2268	state level.
2269	(e)  Serve as an objective, nonpartisan repository of
2270	exemplary community-building ideas and as a source to recommend
2271	strategies and practices to assist others in working
2272	collaboratively to problem solve on issues relating to growth
2273	management.
2274	(f)  Annually, beginning January 16, 2007, and every year
2275	thereafter on the same date, provide to the Governor, the
2276	President of the Senate, and the Speaker of the House of
2277	Representatives a written report containing specific
2278	recommendations for addressing growth management in the state,
2279	including executive and legislative recommendations. Further,
2280	the report shall contain discussions regarding the need for
2281	intergovernmental cooperation and the balancing of environmental
2282	protection and future development and recommendations on issues,
2283	including, but not limited to, recommendations regarding
2284	dedicated sources of funding for sewer facilities, water supply
2285	and quality, transportation facilities that are not adequately
2286	addressed by the Strategic Intermodal System, and educational
2287	infrastructure to support existing development and projected
2288	population growth. This report shall be verbally presented to a
2289	joint session of both houses annually as scheduled by the
2290	President of the Senate and the Speaker of the House of
2291	Representatives.
2292	(g)  Beginning with the 2007 Regular Session of the
2293	Legislature, the President of the Senate and Speaker of the
2294	House of Representatives shall create a joint select committee,
2295	the task of which shall be to review the findings and
2296	recommendations of the Century Commission for a Sustainable
2297	Florida for potential action.
2298	(5)  EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.--
2299	(a)  The Secretary of Community Assistance shall select an
2300	executive director of the commission, and the executive director
2301	shall serve at the pleasure of the secretary under the
2302	supervision and control of the commission.
2303	(b)  The Department of Community Assistance shall provide
2304	staff and other resources necessary to accomplish the goals of
2305	the commission based upon recommendations of the Governor.
2306	(c)  All agencies under the control of the Governor are
2307	directed, and all other agencies are requested, to render
2308	assistance to, and cooperate with, the commission.
2309	Section 12.  Paragraph (b) of subsection (4) of section
2310	339.135, Florida Statutes, is amended to read:
2311	339.135  Work program; legislative budget request;
2312	definitions; preparation, adoption, execution, and amendment.--
2313	(4)  FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.--
2314	(b)1.  A tentative work program, including the ensuing
2315	fiscal year and the successive 4 fiscal years, shall be prepared
2316	for the State Transportation Trust Fund and other funds managed
2317	by the department, unless otherwise provided by law. The
2318	tentative work program shall be based on the district work
2319	programs and shall set forth all projects by phase to be
2320	undertaken during the ensuing fiscal year and planned for the
2321	successive 4 fiscal years. The total amount of the liabilities
2322	accruing in each fiscal year of the tentative work program may
2323	not exceed the revenues available for expenditure during the
2324	respective fiscal year based on the cash forecast for that
2325	respective fiscal year.
2326	2.  The tentative work program shall be developed in
2327	accordance with the Florida Transportation Plan required in s.
2328	339.155 and must comply with the program funding levels
2329	contained in the program and resource plan.
2330	3.  The department may include in the tentative work
2331	program proposed changes to the programs contained in the
2332	previous work program adopted pursuant to subsection (5);
2333	however, the department shall minimize changes and adjustments
2334	that affect the scheduling of project phases in the 4 common
2335	fiscal years contained in the previous adopted work program and
2336	the tentative work program. The department, in the development
2337	of the tentative work program, shall advance by 1 fiscal year
2338	all projects included in the second year of the previous year's
2339	adopted work program, unless the secretary specifically
2340	determines that it is necessary, for specific reasons, to
2341	reschedule or delete one or more projects from that year. Such
2342	changes and adjustments shall be clearly identified, and the
2343	effect on the 4 common fiscal years contained in the previous
2344	adopted work program and the tentative work program shall be
2345	shown. It is the intent of the Legislature that the first 5
2346	years of the adopted work program for facilities designated as
2347	part of the Florida Intrastate Highway System and the first 3
2348	years of the adopted work program stand as the commitment of the
2349	state to undertake transportation projects that local
2350	governments may rely on for planning and concurrency purposes
2351	and in the development and amendment of the capital improvements
2352	elements of their local government comprehensive plans.
2353	4.  The tentative work program must include a balanced 36-
2354	month forecast of cash and expenditures and a 5-year finance
2355	plan supporting the tentative work program.
2356	Section 13.  Section 339.28171, Florida Statutes, is
2357	created to read:
2358	339.28171  Local Government Concurrency Program for
2359	Sustainable Transportation.--
2360	(1)  There is created within the Department of
2361	Transportation a Local Government Concurrency Program for
2362	Sustainable Transportation for the purpose of providing grants
2363	to local governments, to improve a transportation facility or
2364	system which addresses identified concurrency management system
2365	backlog and relieves traffic congestion in urban infill and
2366	redevelopment areas.
2367	(2)  To be eligible for consideration, projects must be
2368	consistent, to the maximum extent feasible, with local
2369	government comprehensive plans and the Strategic Intermodal
2370	System.
2371	(3)  The department shall develop criteria to fund local
2372	government projects addressing any concurrency management system
2373	backlog. The funds shall be distributed by the department to
2374	each district, exclusive of the Turnpike District, consistent
2375	with the statutory formula pursuant to s. 339.135(4). The
2376	district secretary shall use the following criteria to evaluate
2377	the project applications:
2378	(a)  The level of local government funding efforts.
2379	(b)  The level of local funding provided for the proposed
2380	project.
2381	(c)  The ability of local government to rapidly address
2382	project construction.
2383	(d)  The level of municipal and county cooperation on the
2384	proposed project.
2385	(e)  The project location within an urban infill area, a
2386	community redevelopment area or a concurrency management area.
2387	(f)  The extent to which the project would foster public-
2388	private partnerships and investment.
2389	(g)  The extent to which the project provides or protects
2390	environmentally sensitive areas.
2391	(h)  The extent to which new technologies are used to
2392	support urban mobility, a mass transit system, bicycle
2393	facilities, or pedestrian pathways.
2394	(4)  As part of the project application, the local
2395	government shall demonstrate a long-term transportation
2396	concurrency system to address the existing capital improvement
2397	program backlog and how this project implements that plan.
2398	(5)  The percentage of matching funds available to
2399	applicants shall be based on the following:
2400	(a)  For projects that provide capacity on the Strategic
2401	Intermodal System shall be 35 percent.
2402	(b)  For projects that provide capacity on the Florida
2403	Intrastate Highway System, the percentage shall be 45 percent.
2404	(c)  For local projects that demonstrate capacity
2405	improvements in the urban service boundary, or urban infill or
2406	redevelopment are, or provide such capacity replacement to the
2407	Florida Intrastate Highway System, the percentage shall be 65
2408	percent.
2409	(6)  The department may adopt rules to administer the
2410	program.
2411	Section 14.  Section 339.2820, Florida Statutes, is created
2412	to read:
2413	339.2820  Off-System Bridge Program for Sustainable
2414	Transportation.--
2415	(1)  There is created within the Department of
2416	Transportation an Off-System Bridge Program for Sustainable
2417	Transportation for the purpose of providing funds to improve the
2418	sufficiency rating of local bridges.
2419	(2)  The percentage of matching funds provided from the
2420	Off-System Bridge Program for Sustainable Transportation may
2421	fund up to 50 percent of project costs.
2422	(3)  The department shall allocate funding available for
2423	the Off-System Bridge Program for Sustainable Transportation for
2424	projects to replace, rehabilitate, paint, or install scour
2425	countermeasures to highway bridges located on public roads,
2426	other than those on a federal-aid highway.
2427	(4)  Projects to be funded from the Off-System Bridge
2428	Program for Sustainable Transportation shall, at a minimum:
2429	(a)  Be classified as a structurally deficient bridge with
2430	a poor condition rating for either the deck, superstructure, or
2431	substructure component, or culvert.
2432	(b)  Have a sufficiency rating of 35 or below.
2433	(c)  Have average daily traffic of at least 500 vehicles.
2434
2435	Special consideration shall be given to bridges that are closed
2436	to all traffic or that have a load restriction of less than 10
2437	tons.
2438	Section 15.  Paragraphs (l) and (m) are added to subsection
2439	(24) of section 380.06, Florida Statutes, to read:
2440	380.06  Developments of regional impact.--
2441	(24)  STATUTORY EXEMPTIONS.--
2442	(l)  Any proposed development or redevelopment within an
2443	area designated in the comprehensive plan for:
2444	1.  Urban infill development;
2445	2.  Urban redevelopment;
2446	3.  Downtown revitalization; or
2447	4.  Urban infill and redevelopment under s. 163.2517,
2448
2449	is exempt from the provisions of this section.
2450	(m)  Any proposed development within a rural land
2451	stewardship area created pursuant to s. 163.3177(11)(d) is
2452	exempt from the provisions of this section.
2453	Section 16.  Section 380.115, Florida Statutes, is amended
2454	to read:
2455	380.115  Vested rights and duties; effect of size
2456	reduction; changes in guidelines and standards chs. 2002-20 and
2457	2002-296.--
2458	(1)  A change in a development of regional impact guideline
2459	or standard does not abridge or modify Nothing contained in this
2460	act abridges or modifies any vested or other right or any duty
2461	or obligation pursuant to any development order or agreement
2462	that is applicable to a development of regional impact on the
2463	effective date of this act. A development that has received a
2464	development-of-regional-impact development order pursuant to s.
2465	380.06, but would is no longer be required to undergo
2466	development-of-regional-impact review by operation of a change
2467	in the guidelines and standards or has reduced its size below
2468	the thresholds in s. 380.0651 this act, shall be governed by the
2469	following procedures:
2470	(a)  The development shall continue to be governed by the
2471	development-of-regional-impact development order and may be
2472	completed in reliance upon and pursuant to the development order
2473	unless the developer or landowner has followed the procedures
2474	for rescission in paragraph (b). The development-of-regional-
2475	impact development order may be enforced by the local government
2476	as provided by ss. 380.06(17) and 380.11.
2477	(b)  If requested by the developer or landowner, the
2478	development-of-regional-impact development order shall may be
2479	rescinded by the local government with jurisdiction upon a
2480	showing by clear and convincing evidence that all required
2481	mitigation relating to the amount of development existing on the
2482	date of rescission has been completed abandoned pursuant to the
2483	process in s. 380.06(26).
2484	(2)  A development with an application for development
2485	approval pending, and determined sufficient pursuant to s.
2486	380.06(10), on the effective date of a change to the guidelines
2487	and standards this act, or a notification of proposed change
2488	pending on the effective date of a change to the guidelines and
2489	standards this act, may elect to continue such review pursuant
2490	to s. 380.06. At the conclusion of the pending review, including
2491	any appeals pursuant to s. 380.07, the resulting development
2492	order shall be governed by the provisions of subsection (1).
2493	Section 17.  The Office of Program Policy Analysis and
2494	Government Accountability shall conduct a study on adjustments
2495	to the boundaries of regional planning councils, water
2496	management districts, and transportation districts. The purpose
2497	of the study is to organize these regional boundaries, without
2498	eliminating any regional agency, to be more coterminous with one
2499	another, creating a more unified system of regional boundaries.
2500	The study must be completed by December 31, 2005, and a study
2501	report submitted to the President of the Senate, the Speaker of
2502	the House of Representatives, and the Governor and the Century
2503	Commission for a Sustainable Florida by January 15, 2006.
2504	Section 18.  Subsections (2), (3), (6), and (12) of section
2505	1013.33, Florida Statutes, are amended to read:
2506	1013.33  Coordination of planning with local governing
2507	bodies.--
2508	(2)(a)  The school board, county, and nonexempt
2509	municipalities located within the geographic area of a school
2510	district shall enter into an interlocal agreement that jointly
2511	establishes the specific ways in which the plans and processes
2512	of the district school board and the local governments are to be
2513	coordinated. Any updated The interlocal agreements and
2514	amendments to such agreements shall be submitted to the state
2515	land planning agency and the Office of Educational Facilities
2516	and the SMART Schools Clearinghouse in accordance with a
2517	schedule published by the state land planning agency pursuant to
2518	s. 163.3177(12)(h).
2519	(b)  The schedule must establish staggered due dates for
2520	submission of interlocal agreements that are executed by both
2521	the local government and district school board, commencing on
2522	March 1, 2003, and concluding by December 1, 2004, and must set
2523	the same date for all governmental entities within a school
2524	district. However, if the county where the school district is
2525	located contains more than 20 municipalities, the state land
2526	planning agency may establish staggered due dates for the
2527	submission of interlocal agreements by these municipalities. The
2528	schedule must begin with those areas where both the number of
2529	districtwide capital-outlay full-time-equivalent students equals
2530	80 percent or more of the current year's school capacity and the
2531	projected 5-year student growth rate is 1,000 or greater, or
2532	where the projected 5-year student growth rate is 10 percent or
2533	greater.
2534	(b)(c)  If the student population has declined over the 5-
2535	year period preceding the due date for submittal of an
2536	interlocal agreement by the local government and the district
2537	school board, the local government and district school board may
2538	petition the state land planning agency for a waiver of one or
2539	more of the requirements of subsection (3). The waiver must be
2540	granted if the procedures called for in subsection (3) are
2541	unnecessary because of the school district's declining school
2542	age population, considering the district's 5-year work program
2543	prepared pursuant to s. 1013.35. The state land planning agency
2544	may modify or revoke the waiver upon a finding that the
2545	conditions upon which the waiver was granted no longer exist.
2546	The district school board and local governments must submit an
2547	interlocal agreement within 1 year after notification by the
2548	state land planning agency that the conditions for a waiver no
2549	longer exist.
2550	(c)(d)  Interlocal agreements between local governments and
2551	district school boards adopted pursuant to s. 163.3177 before
2552	the effective date of subsections (2)-(9) must be updated and
2553	executed pursuant to the requirements of subsections (2)-(9), if
2554	necessary. Amendments to interlocal agreements adopted pursuant
2555	to subsections (2)-(9) must be submitted to the state land
2556	planning agency within 30 days after execution by the parties
2557	for review consistent with subsections (3) and (4). Local
2558	governments and the district school board in each school
2559	district are encouraged to adopt a single updated interlocal
2560	agreement in which all join as parties. The state land planning
2561	agency shall assemble and make available model interlocal
2562	agreements meeting the requirements of subsections (2)-(9) and
2563	shall notify local governments and, jointly with the Department
2564	of Education, the district school boards of the requirements of
2565	subsections (2)-(9), the dates for compliance, and the sanctions
2566	for noncompliance. The state land planning agency shall be
2567	available to informally review proposed interlocal agreements.
2568	If the state land planning agency has not received a proposed
2569	interlocal agreement for informal review, the state land
2570	planning agency shall, at least 60 days before the deadline for
2571	submission of the executed agreement, renotify the local
2572	government and the district school board of the upcoming
2573	deadline and the potential for sanctions.
2574	(3)  At a minimum, The interlocal agreement must address
2575	the following issues required in s. 163.31777.:
2576	(a)  A process by which each local government and the
2577	district school board agree and base their plans on consistent
2578	projections of the amount, type, and distribution of population
2579	growth and student enrollment. The geographic distribution of
2580	jurisdiction-wide growth forecasts is a major objective of the
2581	process.
2582	(b)  A process to coordinate and share information relating
2583	to existing and planned public school facilities, including
2584	school renovations and closures, and local government plans for
2585	development and redevelopment.
2586	(c)  Participation by affected local governments with the
2587	district school board in the process of evaluating potential
2588	school closures, significant renovations to existing schools,
2589	and new school site selection before land acquisition. Local
2590	governments shall advise the district school board as to the
2591	consistency of the proposed closure, renovation, or new site
2592	with the local comprehensive plan, including appropriate
2593	circumstances and criteria under which a district school board
2594	may request an amendment to the comprehensive plan for school
2595	siting.
2596	(d)  A process for determining the need for and timing of
2597	onsite and offsite improvements to support new construction,
2598	proposed expansion, or redevelopment of existing schools. The
2599	process shall address identification of the party or parties
2600	responsible for the improvements.
2601	(e)  A process for the school board to inform the local
2602	government regarding school capacity. The capacity reporting
2603	must be consistent with laws and rules regarding measurement of
2604	school facility capacity and must also identify how the district
2605	school board will meet the public school demand based on the
2606	facilities work program adopted pursuant to s. 1013.35.
2607	(f)  Participation of the local governments in the
2608	preparation of the annual update to the school board's 5-year
2609	district facilities work program and educational plant survey
2610	prepared pursuant to s. 1013.35.
2611	(g)  A process for determining where and how joint use of
2612	either school board or local government facilities can be shared
2613	for mutual benefit and efficiency.
2614	(h)  A procedure for the resolution of disputes between the
2615	district school board and local governments, which may include
2616	the dispute resolution processes contained in chapters 164 and
2617	186.
2618	(i)  An oversight process, including an opportunity for
2619	public participation, for the implementation of the interlocal
2620	agreement.
2621
2622	A signatory to the interlocal agreement may elect not to include
2623	a provision meeting the requirements of paragraph (e); however,
2624	such a decision may be made only after a public hearing on such
2625	election, which may include the public hearing in which a
2626	district school board or a local government adopts the
2627	interlocal agreement. An interlocal agreement entered into
2628	pursuant to this section must be consistent with the adopted
2629	comprehensive plan and land development regulations of any local
2630	government that is a signatory.
2631	(6)  Any local government transmitting a public school
2632	element to implement school concurrency pursuant to the
2633	requirements of s. 163.3180 before July 1, 2005, the effective
2634	date of this section is not required to amend the element or any
2635	interlocal agreement to conform with the provisions of
2636	subsections (2)-(8) if the element is adopted prior to or within
2637	1 year after the effective date of subsections (2)-(8) and
2638	remains in effect.
2639	(12)  As early in the design phase as feasible and
2640	consistent with an interlocal agreement entered pursuant to
2641	subsections (2)-(8), but no later than 120 90 days before
2642	commencing construction, the district school board shall in
2643	writing request a determination of consistency with the local
2644	government's comprehensive plan. The local governing body that
2645	regulates the use of land shall determine, in writing within 45
2646	days after receiving the necessary information and a school
2647	board's request for a determination, whether a proposed
2648	educational facility is consistent with the local comprehensive
2649	plan and consistent with local land development regulations. If
2650	the determination is affirmative, school construction may
2651	commence and further local government approvals are not
2652	required, except as provided in this section. Failure of the
2653	local governing body to make a determination in writing within
2654	90 days after a district school board's request for a
2655	determination of consistency shall be considered an approval of
2656	the district school board's application. Campus master plans and
2657	development agreements must comply with the provisions of ss.
2658	1013.30 and 1013.63.
2659	Section 19.  Section 1013.352, Florida Statutes, is created
2660	to read:
2661	1013.352  Charter School Incentive Program for Sustainable
2662	Schools.--
2663	(1)  There is hereby created the "Charter School Incentive
2664	Program for Sustainable Schools." Recognizing that there is an
2665	increasing deficit in educational facilities in this state, the
2666	Legislature believes that there is a need for creativeness in
2667	planning and development of additional educational facilities.
2668	To assist with the development of educational facilities, those
2669	charter schools whose charters are approved within 18 months
2670	after the effective date of this act shall be eligible for state
2671	funds under the following conditions:
2672	(a)  The charter school is created to address school over-
2673	capacity issues or growth demands within the county.
2674	(b)  A joint letter from the district school board and the
2675	charter school has been submitted with the proposed charter
2676	school charter that provides that the school board authorized
2677	the charter school as a result of school overcrowding or growth
2678	demands within the county and the school board requests that the
2679	requirement of s. 1013.62(1)(a)1. are waived.
2680	(c)  The charter school has received an in-kind
2681	contribution or equivalent from an outside source other than the
2682	district school board that has been, at a minimum, equally
2683	matched by the district school board.
2684
2685	Notwithstanding s. 1013.62(7), if the above conditions apply,
2686	the Commissioner of Education, in consultation with the
2687	Department of Community Assistance shall distribute up to $3
2688	million per charter school based upon the amount of the in-kind
2689	contribution or equivalent from an outside source that has been
2690	matched by the district school board, or contribution or
2691	equivalent by the district school board, whichever amount is
2692	greater, up to $3 million. Under no conditions may the
2693	Commissioner of Education distribute funds to a newly chartered
2694	charter school that has not received an in-kind contribution or
2695	equivalent from an outside source other than the district school
2696	board and which has not been, at a minimum, equally matched by
2697	the district school board.
2698	(2)  A newly created charter school that receives
2699	distribution of funds under this program shall not be eligible
2700	for charter schools outlay funding under s. 1013.62.
2701	Section 20.  Section 163.31776, Florida Statutes, is
2702	repealed.
2703	Section 21.  Effective July 1, 2005, the sum of $500
2704	million is appropriated from the General Revenue Fund to the
2705	Department of Transportation to be used as follows:
2706	(1)  The sum of $450 million shall be used for the Local
2707	Government Concurrency Program for Sustainable Transportation
2708	created pursuant to s. 339.28171, Florida Statutes.
2709	(2)  The sum of $50 million shall be used for the Off-
2710	System Bridge Program for Sustainable Transportation created
2711	pursuant to s. 339.2820, Florida Statutes.
2712	Section 22.  Funding for Sustainable Water Supplies.--
2713	(1)  Effective July 1, 2005, the sum of $100 million is
2714	appropriated to the Department of Environmental Protection to
2715	provide funding for the development of alternative water
2716	supplies. The department shall deposit such revenues into the
2717	alternative water supply trust fund accounts created by each
2718	district for the purpose of alternative supply development under
2719	the following funding formula:
2720	(a)  Forty percent to the South Florida Water Management
2721	District.
2722	(b)  Twenty-five percent to the Southwest Florida Water
2723	Management District.
2724	(c)  Twenty-five percent to the St. Johns River Water
2725	Management District.
2726	(d)  Five percent to the Suwannee River Water Management
2727	District.
2728	(e)  Five percent to the Northwest Florida Water Management
2729	District.
2730	(2)  The financial assistance for alternative water supply
2731	development contained in each district's economic incentives
2732	plan as required in s. 373.196(3), Florida Statutes, shall be
2733	deposited along with the state funds into an alternative water
2734	supply trust account created by each district and used to fund
2735	the local capital costs of alternative water supply projects
2736	approved pursuant to this section. For purposes of this section,
2737	the term "alternative water supplies" means saltwater; brackish,
2738	surface, and ground water; surface water captured predominantly
2739	during wet weather flows; sources made available through
2740	addition of new storage capacity for surface or ground water;
2741	water that has been reclaimed after one or more public supply,
2742	municipal, industrial, commercial, or agricultural uses; the
2743	downstream augmentation of water bodies with reclaimed water;
2744	stormwater; and any other water supply source that is designated
2745	as nontraditional for a water supply planning region in the
2746	applicable regional water supply plan. The term "capital costs"
2747	means planning, design, engineering, and project construction
2748	costs. Any use of bond proceeds to pay such costs that would
2749	cause all or any portion of the interest of such bonds to lose
2750	the exclusion from gross income for federal income tax purpose
2751	is prohibited.
2752	(3)  All funds provided by the state for the purpose of
2753	funding alternative water supply grants, shall, at a minimum,
2754	require a 50-percent match by the water management districts and
2755	grant applicant.
2756	Section 23.  Funding for Sustainable Schools.--In order to
2757	provide for innovative approaches to meet school capacity
2758	demands, effective July 1, 2005, the sum of $50 million is
2759	appropriated from the General Revenue Fund to the Department of
2760	Education to be used as follows:
2761	(1)  The sum of $35 million shall be used for the Charter
2762	School Incentive Program for Sustainable Schools created
2763	pursuant to section 1013.352, Florida Statutes.
2764	(2)  The sum of $15 million shall be used for educational
2765	facilities benefit districts as provided in s. 1013.356(3),
2766	Florida Statutes, as follows: for construction and capital
2767	maintenance costs not covered by the funds provided under s.
2768	1013.356(1), Florida Statutes, in fiscal year 2005-2006, an
2769	amount contributed by the state equal to 25 percent of the
2770	remaining costs of construction and capital maintenance of the
2771	educational facilities, up to $2 million. Any construction costs
2772	above the cost-per-student criteria established for the SIT
2773	Program in s. 1013.72(2), Florida Statutes, shall be funded
2774	exclusively by the educational facilities benefit district or
2775	the community development district. Funds contributed by a
2776	district school board shall not be used to fund operational
2777	costs. Funds not committed by March 31, 2006, revert to the
2778	Charter School Incentive Program for Sustainable Schools created
2779	pursuant to s. 1013.352, Florida Statutes.
2780	Section 24.  Statewide Technical Assistance for a
2781	Sustainable Florida.--In order to assist local governments and
2782	school boards to implement the provisions of this act, effective
2783	July 1, 2005, the sum of $3 million is appropriated from the
2784	General Revenue Fund to the Department of Community Assistance.
2785	The department shall provide a report to the Governor, the
2786	President of the Senate, and the Speaker of the House of
2787	Representatives by February 1, 2006, on the progress made toward
2788	implementing this act and a recommendation of whether additional
2789	funds should be appropriated to provide additional technical
2790	assistance to implement this act.
2791	Section 25.  Effective July 1, 2005, the sum of $250,000 is
2792	appropriated from the General Revenue Fund to the Department of
2793	Community Assistance to provide the necessary staff and other
2794	assistance to the Century Commission for a Sustainable Florida
2795	required by section 11.
2796	Section 26.  The Division of Statutory Revision of the
2797	Office of Legislative Services shall prepare proposed
2798	legislation for introduction in the 2006 Regular Session to
2799	amend provisions of the Florida Statutes to change references to
2800	the Department of Community Affairs to the Department of
2801	Community Assistance in conformance with the provisions of this
2802	act.
2803	Section 27.  This act shall take effect July 1, 2005.

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