Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1858
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CHAMBER ACTION
Senate House
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, line 28, through
15 page 17, line 16, delete those lines
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17 and insert:
18 Section 3. Paragraph (c) of subsection (2), paragraph
19 (f) of subsection (5), subsection (7), subsection (13), and
20 paragraphs (a), (b), (c), (e), and (f) of subsection (16) of
21 section 163.3180, Florida Statutes, are amended to read:
22 163.3180 Concurrency.--
23 (2)
24 (c) Consistent with the public welfare, and except as
25 otherwise provided in this section, transportation facilities
26 needed to serve new development shall be in place or under
27 actual construction or programmed for construction to commence
28 in the Department of Transportation's work program or the
29 local government's schedule of capital improvements within 3
30 years after the local government approves a building permit or
31 its functional equivalent that results in traffic generation.
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1 (5)
2 (f) Prior to the designation of a concurrency
3 exception area, the Department of Transportation shall be
4 consulted by the local government to assess the impact that
5 the proposed exception area is expected to have on the adopted
6 level-of-service standards established for Strategic
7 Intermodal System facilities, as defined in s. 339.64, and
8 roadway facilities funded in accordance with s. 339.2819.
9 Further, the local government shall, in cooperation with the
10 Department of Transportation, develop a plan to mitigate any
11 impacts to the Strategic Intermodal System, including, if
12 appropriate, the development of a long-term concurrency
13 management system pursuant to subsection (9) and s.
14 163.3177(3)(d). The exceptions may be available only within
15 the specific geographic area of the jurisdiction designated in
16 the plan. Pursuant to s. 163.3184, any affected person may
17 challenge a plan amendment establishing these guidelines and
18 the areas within which an exception could be granted. By
19 October 1, 2006, the Department of Transportation, after
20 publicly noticed workshops, shall publish and distribute to
21 local governments a policy guideline containing criteria and
22 options to assist local governments in planning to assess and
23 mitigate the impacts of a proposed concurrency exception area
24 as described in this paragraph.
25 (7) In order to promote infill development and
26 redevelopment, one or more transportation concurrency
27 management areas may be designated in a local government
28 comprehensive plan. A transportation concurrency management
29 area must be a compact geographic area with an existing
30 network of roads where multiple, viable alternative travel
31 paths or modes are available for common trips. A local
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1 government may establish an areawide level-of-service standard
2 for such a transportation concurrency management area based
3 upon an analysis that provides for a justification for the
4 areawide level of service, how urban infill development or
5 redevelopment will be promoted, and how mobility will be
6 accomplished within the transportation concurrency management
7 area. Prior to the designation of a concurrency management
8 area, the Department of Transportation shall be consulted by
9 the local government to assess the impact that the proposed
10 concurrency management area is expected to have on the adopted
11 level-of-service standards established for Strategic
12 Intermodal System facilities, as defined in s. 339.64, and
13 roadway facilities funded in accordance with s. 339.2819.
14 Further, the local government shall, in cooperation with the
15 Department of Transportation, develop a plan to mitigate any
16 impacts to the Strategic Intermodal System, including, if
17 appropriate, the development of a long-term concurrency
18 management system pursuant to subsection (9) and s.
19 163.3177(3)(d). Transportation concurrency management areas
20 existing prior to July 1, 2005, shall meet, at a minimum, the
21 provisions of this section by July 1, 2006, or at the time of
22 the comprehensive plan update pursuant to the evaluation and
23 appraisal report, whichever occurs last. The state land
24 planning agency shall amend chapter 9J-5, Florida
25 Administrative Code, to be consistent with this subsection. By
26 October 1, 2006, the Department of Transportation, after
27 publicly noticed workshops, shall publish and distribute to
28 local governments a policy guideline containing criteria and
29 options to assist local governments in planning to assess and
30 mitigate the impacts of a proposed concurrency management area
31 as described in this paragraph.
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1 (13) School concurrency shall be established on a
2 districtwide basis and shall include all public schools in the
3 district and all portions of the district, whether located in
4 a municipality or an unincorporated area unless exempt from
5 the public school facilities element pursuant to s.
6 163.3177(12). The application of school concurrency to
7 development shall be based upon the adopted comprehensive
8 plan, as amended. All local governments within a county,
9 except as provided in paragraph (f), shall adopt and transmit
10 to the state land planning agency and adopt the necessary plan
11 amendments, along with the interlocal agreement, for a
12 compliance review pursuant to s. 163.3184(7) and (8). The
13 minimum requirements for school concurrency are the following:
14 (a) Public school facilities element.--A local
15 government shall adopt and transmit to the state land planning
16 agency and adopt a plan or plan amendment that which includes
17 a public school facilities element which is consistent with
18 the requirements of s. 163.3177(12) and which is determined to
19 be in compliance as defined in s. 163.3184(1)(b). All local
20 government public school facilities plan elements within a
21 county must be consistent with each other as well as the
22 requirements of this part.
23 (b) Level-of-service standards.--The Legislature
24 recognizes that an essential requirement for a concurrency
25 management system is the level of service at which a public
26 facility is expected to operate.
27 1. Local governments and school boards imposing school
28 concurrency shall exercise authority in conjunction with each
29 other to establish jointly adequate level-of-service
30 standards, as defined in chapter 9J-5, Florida Administrative
31 Code, necessary to implement the adopted local government
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1 comprehensive plan, based on data and analysis.
2 2. Public school level-of-service standards shall be
3 included and adopted into the capital improvements element of
4 the local comprehensive plan and shall apply districtwide to
5 all schools of the same type. Types of schools may include
6 elementary, middle, and high schools as well as special
7 purpose facilities such as magnet schools.
8 3. Local governments and school boards shall have the
9 option to utilize tiered level-of-service standards to allow
10 time to achieve an adequate and desirable level of service as
11 circumstances warrant.
12 (c) Service areas.--The Legislature recognizes that an
13 essential requirement for a concurrency system is a
14 designation of the area within which the level of service will
15 be measured when an application for a residential development
16 permit is reviewed for school concurrency purposes. This
17 delineation is also important for purposes of determining
18 whether the local government has a financially feasible public
19 school capital facilities program that will provide schools
20 which will achieve and maintain the adopted level-of-service
21 standards.
22 1. In order to balance competing interests, preserve
23 the constitutional concept of uniformity, and avoid disruption
24 of existing educational and growth management processes, local
25 governments are encouraged to initially apply school
26 concurrency to development only on a districtwide basis so
27 that a concurrency determination for a specific development
28 will be based upon the availability of school capacity
29 districtwide. To ensure that development is coordinated with
30 schools having available capacity, within 5 years after
31 adoption of school concurrency, local governments shall apply
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1 school concurrency on a less than districtwide basis, such as
2 using school attendance zones or concurrency service areas, as
3 provided in subparagraph 2.
4 2. For local governments applying school concurrency
5 on a less than districtwide basis, such as utilizing school
6 attendance zones or larger school concurrency service areas,
7 local governments and school boards shall have the burden to
8 demonstrate that the utilization of school capacity is
9 maximized to the greatest extent possible in the comprehensive
10 plan and amendment, taking into account transportation costs
11 and court-approved desegregation plans, as well as other
12 factors. In addition, in order to achieve concurrency within
13 the service area boundaries selected by local governments and
14 school boards, the service area boundaries, together with the
15 standards for establishing those boundaries, shall be
16 identified and included as supporting data and analysis for
17 the comprehensive plan.
18 3. Where school capacity is available on a
19 districtwide basis but school concurrency is applied on a less
20 than districtwide basis in the form of concurrency service
21 areas, if the adopted level-of-service standard cannot be met
22 in a particular service area as applied to an application for
23 a development permit and if the needed capacity for the
24 particular service area is available in one or more contiguous
25 service areas, as adopted by the local government, then the
26 local government may not deny an application for site plan or
27 final subdivision approval or the functional equivalent for a
28 development or phase of a development on the basis of school
29 concurrency, and if issued, development impacts shall be
30 shifted to contiguous service areas with schools having
31 available capacity.
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1 (d) Financial feasibility.--The Legislature recognizes
2 that financial feasibility is an important issue because the
3 premise of concurrency is that the public facilities will be
4 provided in order to achieve and maintain the adopted
5 level-of-service standard. This part and chapter 9J-5, Florida
6 Administrative Code, contain specific standards to determine
7 the financial feasibility of capital programs. These standards
8 were adopted to make concurrency more predictable and local
9 governments more accountable.
10 1. A comprehensive plan amendment seeking to impose
11 school concurrency shall contain appropriate amendments to the
12 capital improvements element of the comprehensive plan,
13 consistent with the requirements of s. 163.3177(3) and rule
14 9J-5.016, Florida Administrative Code. The capital
15 improvements element shall set forth a financially feasible
16 public school capital facilities program, established in
17 conjunction with the school board, that demonstrates that the
18 adopted level-of-service standards will be achieved and
19 maintained.
20 2. Such amendments shall demonstrate that the public
21 school capital facilities program meets all of the financial
22 feasibility standards of this part and chapter 9J-5, Florida
23 Administrative Code, that apply to capital programs which
24 provide the basis for mandatory concurrency on other public
25 facilities and services.
26 3. When the financial feasibility of a public school
27 capital facilities program is evaluated by the state land
28 planning agency for purposes of a compliance determination,
29 the evaluation shall be based upon the service areas selected
30 by the local governments and school board.
31 (e) Availability standard.--Consistent with the public
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1 welfare, a local government may not deny an application for
2 site plan, final subdivision approval, or the functional
3 equivalent for a development or phase of a development
4 authorizing residential development for failure to achieve and
5 maintain the level-of-service standard for public school
6 capacity in a local school concurrency management system where
7 adequate school facilities will be in place or under actual
8 construction within 3 years after the issuance of final
9 subdivision or site plan approval, or the functional
10 equivalent. School concurrency shall be satisfied if the
11 developer executes a legally binding commitment to provide
12 proportionate fair-share mitigation proportionate to the
13 demand for public school facilities to be created by actual
14 development of the property, including, but not limited to,
15 the options described in subparagraph 1. Options for
16 proportionate fair-share proportionate-share mitigation of
17 impacts on public school facilities shall be established in
18 the public school facilities element and the interlocal
19 agreement pursuant to s. 163.31777.
20 1. Appropriate proportionate fair-share mitigation
21 options include the contribution of land; the construction,
22 expansion, or payment for land acquisition or construction of
23 a public school facility; or the creation of mitigation
24 banking based on the construction of a public school facility
25 in exchange for the right to sell capacity credits. Such
26 options must include execution by the applicant and the local
27 government of a binding development agreement that constitutes
28 a legally binding commitment to pay proportionate fair-share
29 proportionate-share mitigation for the additional residential
30 units approved by the local government in a development order
31 and actually developed on the property, taking into account
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1 residential density allowed on the property prior to the plan
2 amendment that increased overall residential density. The
3 district school board shall be a party to such an agreement.
4 As a condition of its entry into such a development agreement,
5 the local government may require the landowner to agree to
6 continuing renewal of the agreement upon its expiration.
7 2. If the education facilities plan and the public
8 educational facilities element authorize a contribution of
9 land; the construction, expansion, or payment for land
10 acquisition; or the construction or expansion of a public
11 school facility, or a portion thereof, as proportionate
12 fair-share proportionate-share mitigation, the local
13 government shall credit such a contribution, construction,
14 expansion, or payment toward any other impact fee or exaction
15 imposed by local ordinance for the same need, on a
16 dollar-for-dollar basis at fair market value.
17 3. Any proportionate fair-share proportionate-share
18 mitigation must be directed by the school board toward a
19 school capacity improvement identified in a financially
20 feasible 5-year district work plan and which satisfies the
21 demands created by that development in accordance with a
22 binding developer's agreement.
23 4. This paragraph does not limit the authority of a
24 local government to deny a development permit or its
25 functional equivalent pursuant to its home rule regulatory
26 powers, except as provided in this part.
27 (f) Intergovernmental coordination.--
28 1. When establishing concurrency requirements for
29 public schools, a local government shall satisfy the
30 requirements for intergovernmental coordination set forth in
31 s. 163.3177(6)(h)1. and 2., except that a municipality is not
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1 required to be a signatory to the interlocal agreement
2 required by ss. 163.3177(6)(h)2. and 163.31777 163.31777(6),
3 as a prerequisite for imposition of school concurrency, and as
4 a nonsignatory, shall not participate in the adopted local
5 school concurrency system, if the municipality meets all of
6 the following criteria for having no significant impact on
7 school attendance:
8 a. The municipality has issued development orders for
9 fewer than 50 residential dwelling units during the preceding
10 5 years, or the municipality has generated fewer than 25
11 additional public school students during the preceding 5
12 years.
13 b. The municipality has not annexed new land during
14 the preceding 5 years in land use categories which permit
15 residential uses that will affect school attendance rates.
16 c. The municipality has no public schools located
17 within its boundaries.
18 d. At least 80 percent of the developable land within
19 the boundaries of the municipality has been built upon.
20 2. A municipality that which qualifies as having no
21 significant impact on school attendance pursuant to the
22 criteria of subparagraph 1. must review and determine at the
23 time of its evaluation and appraisal report pursuant to s.
24 163.3191 whether it continues to meet the criteria pursuant to
25 s. 163.31777(6). If the municipality determines that it no
26 longer meets the criteria, it must adopt appropriate school
27 concurrency goals, objectives, and policies in its plan
28 amendments based on the evaluation and appraisal report, and
29 enter into the existing interlocal agreement required by ss.
30 163.3177(6)(h)2. and 163.31777, in order to fully participate
31 in the school concurrency system. If such a municipality
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1 fails to do so, it will be subject to the enforcement
2 provisions of s. 163.3191.
3 (g) Interlocal agreement for school concurrency.--When
4 establishing concurrency requirements for public schools, a
5 local government must enter into an interlocal agreement that
6 satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
7 163.31777 and the requirements of this subsection. The
8 interlocal agreement shall acknowledge both the school board's
9 constitutional and statutory obligations to provide a uniform
10 system of free public schools on a countywide basis, and the
11 land use authority of local governments, including their
12 authority to approve or deny comprehensive plan amendments and
13 development orders. The interlocal agreement shall be
14 submitted to the state land planning agency by the local
15 government as a part of the compliance review, along with the
16 other necessary amendments to the comprehensive plan required
17 by this part. In addition to the requirements of ss.
18 163.3177(6)(h) and 163.31777, the interlocal agreement shall
19 meet the following requirements:
20 1. Establish the mechanisms for coordinating the
21 development, adoption, and amendment of each local
22 government's public school facilities element with each other
23 and the plans of the school board to ensure a uniform
24 districtwide school concurrency system.
25 2. Establish a process for the development of siting
26 criteria which encourages the location of public schools
27 proximate to urban residential areas to the extent possible
28 and seeks to collocate schools with other public facilities
29 such as parks, libraries, and community centers to the extent
30 possible.
31 3. Specify uniform, districtwide level-of-service
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1 standards for public schools of the same type and the process
2 for modifying the adopted level-of-service standards.
3 4. Establish a process for the preparation, amendment,
4 and joint approval by each local government and the school
5 board of a public school capital facilities program which is
6 financially feasible, and a process and schedule for
7 incorporation of the public school capital facilities program
8 into the local government comprehensive plans on an annual
9 basis.
10 5. Define the geographic application of school
11 concurrency. If school concurrency is to be applied on a less
12 than districtwide basis in the form of concurrency service
13 areas, the agreement shall establish criteria and standards
14 for the establishment and modification of school concurrency
15 service areas. The agreement shall also establish a process
16 and schedule for the mandatory incorporation of the school
17 concurrency service areas and the criteria and standards for
18 establishment of the service areas into the local government
19 comprehensive plans. The agreement shall ensure maximum
20 utilization of school capacity, taking into account
21 transportation costs and court-approved desegregation plans,
22 as well as other factors. The agreement shall also ensure the
23 achievement and maintenance of the adopted level-of-service
24 standards for the geographic area of application throughout
25 the 5 years covered by the public school capital facilities
26 plan and thereafter by adding a new fifth year during the
27 annual update.
28 6. Establish a uniform districtwide procedure for
29 implementing school concurrency which provides for:
30 a. The evaluation of development applications for
31 compliance with school concurrency requirements, including
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1 information provided by the school board on affected schools,
2 impact on levels of service, and programmed improvements for
3 affected schools and any options to provide sufficient
4 capacity;
5 b. An opportunity for the school board to review and
6 comment on the effect of comprehensive plan amendments and
7 rezonings on the public school facilities plan; and
8 c. The monitoring and evaluation of the school
9 concurrency system.
10 7. Include provisions relating to amendment of the
11 agreement.
12 8. A process and uniform methodology for determining
13 proportionate fair-share proportionate-share mitigation
14 pursuant to subparagraph (e)1.
15 (h) Local government authority.--This subsection does
16 not limit the authority of a local government to grant or deny
17 a development permit or its functional equivalent prior to the
18 implementation of school concurrency.
19 (16) It is the intent of the Legislature to provide a
20 method by which the impacts of development on transportation
21 facilities can be mitigated by the cooperative efforts of the
22 public and private sectors. The methodology used to calculate
23 proportionate fair-share mitigation under this section shall
24 be as provided for in subsection (12).
25 (a) By December 1, 2006, each local government shall
26 adopt by ordinance a methodology for assessing proportionate
27 fair-share mitigation options. A local government that fails
28 to adopt a methodology for assessing proportionate fair-share
29 mitigation options by December 1, 2006, shall be subject to
30 the sanctions described in s. 163.3184(11)(a) imposed by the
31 Administration Commission. By December 1, 2005, the Department
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1 of Transportation shall develop a model transportation
2 concurrency management ordinance with methodologies for
3 assessing proportionate fair-share mitigation options.
4 (b)1. In its transportation concurrency management
5 system, a local government shall, by December 1, 2006, include
6 methodologies that will be applied to calculate proportionate
7 fair-share mitigation. A local government that fails to
8 include such methodologies by December 1, 2006, shall be
9 subject to the sanctions described in s. 163.3184(11)(a)
10 imposed by the Administration Commission. A developer may
11 choose to satisfy all transportation concurrency requirements
12 by contributing or paying proportionate fair-share mitigation
13 if transportation facilities or facility segments identified
14 as mitigation for traffic impacts are specifically identified
15 for funding in the 5-year schedule of capital improvements in
16 the capital improvements element of the local plan or the
17 long-term concurrency management system or if such
18 contributions or payments to such facilities or segments are
19 reflected in the 5-year schedule of capital improvements in
20 the next regularly scheduled update of the capital
21 improvements element. Updates to the 5-year capital
22 improvements element which reflect proportionate fair-share
23 contributions may not be found not in compliance based on ss.
24 163.3164(32) 163.164(32) and 163.3177(3) if additional
25 contributions, payments or funding sources are reasonably
26 anticipated during a period not to exceed 10 years to fully
27 mitigate impacts on the transportation facilities.
28 2. Proportionate fair-share mitigation shall be
29 applied as a credit against impact fees to the extent that all
30 or a portion of the proportionate fair-share mitigation is
31 used to address the same capital infrastructure improvements
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1 contemplated by the local government's impact fee ordinance.
2 (c) Proportionate fair-share mitigation includes,
3 without limitation, separately or collectively, private funds,
4 contributions of land, and construction and contribution of
5 facilities and may include public funds as determined by the
6 local government. The fair market value of the proportionate
7 fair-share mitigation shall not differ based on the form of
8 mitigation. A local government may not require a development
9 to pay more than its proportionate fair-share mitigation
10 contribution regardless of the method of mitigation.
11 (e) Mitigation for development impacts to facilities
12 on the Strategic Intermodal System made pursuant to this
13 subsection requires the concurrence of the Department of
14 Transportation. The department has 60 days from the date of
15 submission by the applicable local government to concur or
16 withhold concurrence with the mitigation of development
17 impacts to facilities on the Strategic Intermodal System. If
18 the department does not respond within the 60-day period, the
19 department is deemed to have concurred with the mitigation.
20 (f) If In the event the funds in an adopted 5-year
21 capital improvements element are insufficient to fully fund
22 construction of a transportation improvement required by the
23 local government's concurrency management system, a local
24 government and a developer may still enter into a binding
25 proportionate fair-share mitigation proportionate-share
26 agreement authorizing the developer to construct that amount
27 of development on which the proportionate fair-share
28 mitigation share is calculated if the proportionate fair-share
29 mitigation proportionate-share amount in such agreement is
30 sufficient to pay for one or more improvements that which
31 will, in the opinion of the governmental entity or entities
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1 maintaining the transportation facilities, significantly
2 benefit the impacted transportation system. The improvement or
3 improvements funded by the proportionate fair-share mitigation
4 proportionate-share component must be adopted into the 5-year
5 capital improvements schedule of the comprehensive plan at the
6 next annual capital improvements element update.
7 Section 4. Subsection (17) of section 163.3184,
8 Florida Statutes, is amended to read:
9 163.3184 Process for adoption of comprehensive plan or
10 plan amendment.--
11 (17) A local government that has adopted a community
12 vision and urban service boundary under s. 163.3177(13) s.
13 163.31773(13) and (14) may adopt a plan amendment related to
14 map amendments solely to property within an urban service
15 boundary in the manner described in subsections (1), (2), (7),
16 (14), (15), and (16) and s. 163.3187(1)(c)1.d. and e., 2., and
17 3., such that state and regional agency review is eliminated.
18 The department may not issue an objections, recommendations,
19 and comments report on proposed plan amendments or a notice of
20 intent on adopted plan amendments; however, affected persons,
21 as defined by paragraph (1)(a), may file a petition for
22 administrative review pursuant to the requirements of s.
23 163.3187(3)(a) to challenge the compliance of an adopted plan
24 amendment. This subsection does not apply to any amendment
25 within an area of critical state concern, to any amendment
26 that increases residential densities allowable in high-hazard
27 coastal areas as defined in s. 163.3178(2)(h), or to a text
28 change to the goals, policies, or objectives of the local
29 government's comprehensive plan. Amendments submitted under
30 this subsection are exempt from the limitation on the
31 frequency of plan amendments in s. 163.3187.
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1 Section 5. Paragraph (a) of subsection (3) of section
2 163.3247, Florida Statutes, is amended to read:
3 163.3247 Century Commission for a Sustainable
4 Florida.--
5 (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA;
6 CREATION; ORGANIZATION.--The Century Commission for a
7 Sustainable Florida is created as a standing body to help the
8 citizens of this state envision and plan their collective
9 future with an eye towards both 25-year and 50-year horizons.
10 (a) The commission shall consist of 15 members, 5
11 appointed by the Governor, 5 appointed by the President of the
12 Senate, and 5 appointed by the Speaker of the House of
13 Representatives. Appointments shall be made no later than
14 October 1, 2005. The membership must represent local
15 governments, school boards, developers and homebuilders, the
16 business community, the agriculture community, the
17 environmental community, and other appropriate stakeholders.
18 The membership shall reflect the demographic makeup of the
19 state. One member shall be designated by the Governor as chair
20 of the commission. Any vacancy that occurs on the commission
21 must be filled in the same manner as the original appointment
22 and shall be for the unexpired term of that commission seat.
23 Members shall serve 4-year terms, except that, initially, to
24 provide for staggered terms, the Governor, the President of
25 the Senate, and the Speaker of the House of Representatives
26 shall each appoint one member to serve a 2-year term, two
27 members to serve 3-year terms, and two members to serve 4-year
28 terms. All subsequent appointments shall be for 4-year terms.
29 An appointee may not serve more than 6 years.
30
31
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, lines 5 through 12, delete those lines
4
5 and insert:
6 cross-reference; amending s. 163.3180, F.S.;
7 clarifying that local governments may rely on
8 certain projects in the Department of
9 Transportation's work program for purposes of
10 transportation concurrency; requiring the
11 Department of Transportation to publish and
12 distribute certain policy guidelines;
13 authorizing sanctions against a local
14 government that does not adopt a methodology
15 for assessing proportionate fair-share
16 mitigation or include the methodology in the
17 local government's transportation concurrency
18 management system; providing a timeframe for
19 the Department of Transportation to concur or
20 withhold concurrence on the mitigation of
21 development impacts on certain transportation
22 facilities; correcting cross-references;
23 conforming terminology; amending s. 163.3184,
24 F.S.; correcting a cross-reference; amending s.
25 163.3247, F.S.; revising criteria for
26 appointments to the Century Commission for a
27 Sustainable Florida; amending s.
28
29
30
31
18
3:30 PM 05/02/06 s1858c2c-21-c3g