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					                      Department of Community Affairs
         Highlights of 2005 Infrastructure Planning and Funding Act
                                 May 23, 2005


NOTE: This summary is intended to provide a general understanding of the scope
and main provisions of the Act. It should not be used as a substitute for a
thorough reading of the Act. The Act (SB 360) may be accessed through the
Florida Senate website or through the DCA website (www.dca.state.fl.us).

Capital Improvements Element
      Definition of Financial Feasibility (exception from LOSS for proportionate-share
       mitigation)(committed funding – first 3 years / committed or planned – years 4 & 5)

      Requires annual update of CIE starting 12/1/07 and every year thereafter

      No FLUM amendments for failure to transmit CIE annual update

      CIE annual amendments conducted under expedited process (1 public hearing)

      Authorizes sanctions from Administration Commission

      Authorizes local governments to adopt a 10 or 15 year long-term concurrency
       management system for transportation and school facilities under certain circumstances.

Potable Water Element
      Requires element to incorporate certain alternative water supply projects within 18
       months of adoption of regional water supply plans

Public Schools Element
      Requires adoption of the element and the update to interlocal agreement by 12/1/08.

      Certain counties and municipalities may seek wavier from element requirement.

      Local governments prohibited from adopting plan amendments that increase residential
       density for failure to adopt element, update interlocal agreement or amend
       comprehensive plan to implement school concurrency.

      Authorizes sanctions against school boards for failure to adopt interlocal agreement or
       implement provisions relating to school concurrency.

Concurrency
      Requires school capacity be in place or under actual construction within 3 years after
       final subdivision or site plan approval.

      Provides for proportionate-share mitigation for school capacity.

      Requires that initially that school capacity be available on a district-wide basis but within
       5 years of adoption of school concurrency, to be available on a less than district-wide
       basis.




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      Requires adequate water supplies be available at time of development or no later than
       certificate of occupancy.


      Requires park space to be available at time of development or no later than
       commencement of construction.

      Requires transportation facilities to be in place or under actual construction within 3 years
       after issuance of a building permit resulting in traffic generation.

Transportation Concurrency Exception Areas, Transportation Concurrency
Management Areas and Multimodal Transportation Districts
      Requires that local governments consult with DOT, and cooperatively develop a plan to
       mitigate impacts where TCEAs, TCMAs and MMTDs will impact the SIS.

      Requires TCEAs to meet new standards on mobility, design, urban infill, etc.

      Requires TCEAs created prior to 7/1/05 to upgrade to new standards by 7/1/06 or EAR
       date, whichever is later.

Transportation / De Minimis
      Mandates new reporting requirements to DCA regarding the prohibition on de minimis
       exceptions (except for a single family home) where the roadway volume exceeds 110%
       of the maximum roadway volume at the adopted level of service (110% limit was already
       in statute prior to the Act).

Proportionate-Share Mitigation
      Requires local governments to adopt a proportionate-share ordinance and include within
       their transportation concurrency management system by 12/1/06.

      Directs DOT to develop a model proportionate-share ordinance by 12/1/05.

      Provides that proportionate-share mitigation satisfies transportation concurrency under
       certain conditions.

      Provides that proportionate-share mitigation shall be applied as a credit to transportation
       impact fees under certain conditions.

Regulatory Incentives
      Provides that where local governments have adopted a community vision and “urban
       service boundary” into their comprehensive plan, that map amendments within the urban
       service boundary are exempt from state and regional agency review, except in Areas of
       Critical State Concern or Coastal High Hazard Areas.

      Provides that in cities with a designated urban infill and redevelopment area that map
       amendments are exempt from state and regional agency review, except in Areas of
       Critical State Concern or Coastal High Hazard Areas.

      Provides that in Rural Areas of Critical Economic Concern that small scale amendments
       are increased from 10 acres to 20 acres provided it furthers certain economic objectives
       and meets certain other requirements. Non-small-scale amendments in these areas that
       further economic development objectives may be approved without regard to statutory
       limits on frequency of adoption of comprehensive plan amendments.



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      Exempts small scale amendments involving the construction of affordable housing
       meeting certain criteria from the 10 dwelling unit per acre density limitation.

      Creates a DRI exemption within designated “urban service boundary,” within Urban Infill
       and Development Areas, and within Rural Land Stewardship Areas where the local
       government has entered into an agreement with DOT and adjacent jurisdictions, and has
       adopted proportionate share methodology pursuant to s. 163.3180 (16).

Other Comprehensive Plan/DRI Provisions
    Adds to the list of items that must be evaluated and assessed through the evaluation and
       appraisal report (EAR) for local comprehensive plans..

      Local government prohibited from adopting plan amendments for failure to adopt and
       transmit EAR update amendments to state land planning agency by due date. These
       amendments must be adopted during a single amendment cycle.

      Within 6 months after effective date of EAR update amendments, local government must
       provide a complete copy of updated comprehensive plan to state land planning agency
       and other reviewing agencies.

      Requires Rural Land Stewardship Areas to address affordable housing and conduct a
       listed species survey.

      Provides that a small scale amendment may involve a residential land use with a density
       of more than 10 dwelling units per acre, provided that the maximum residential density of
       the proposed land use designation does not exceed the maximum residential density of
       the existing land use designation.

      Exempts DRIs with a development order issued before the effective date of the Act or an
       application submitted before 5/1/05 from the provisions of the Act relating to Ch. 163 and
       380, F.S.

Century Commission
      Creates a standing body charged with developing a 25 and 50 year state vision.

      Composed of 15 members balanced among the various stakeholder interests.

      Requires an annual report to the Governor and Legislature, starting 1/16/07.

      Directs the Legislature to create a select committee to review the commission’s annual
       findings and recommendations, starting with the 2007 session.

      Requires DCA to provide commission staffing.

School Concurrency Task Force
      Creates the task force to review the requirements of school concurrency and to
       recommend how to streamline the process.

      Directs the task force to review the methodology and processes used for funding public
       school construction and to recommend how to ensure that schools are available
       concurrent with demand.



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      Composed of 11 members balanced among the various interests.

      Requires a report to Governor and Legislature by 12/1/05.

Florida Impact Fee Review Task Force
      Creates the task force to review and recommend use of impact fees as a method of
       financing local infrastructure.

      Composed of 15 members balanced among the various stakeholder interests.

      Requires a report to Governor and Legislature by 2/1/06.

      Directs the Legis. Committee on Intergovernmental Relations (LCIR) to serve as staff.

Infrastructure Funding
      Provides recurring and non-recurring funding in the amount of $1.5 billion for certain
       public infrastructure.

      Non-recurring funding for FY 05/06 as follows:
          o State Transportation Trust Fund - $575 million
          o Water Protection & Sustainability Trust Fund - $100 million
          o Public Education Capital Outlay - $71.6 million
          o Local Government Technical Assistance (directed to DCA) - $3.35 million ($250
              thousand to Century Commission and $50 thousand to both School Concurrency
              Task Force and Florida Impact Fee Review Task Force)

      Recurring funding as follows:
          o State Transportation Trust Fund - $541 million
                    STARTS Transit Program – 10%
                    Small County Outreach – 5%
                    SIS – 63%
                    Transportation Regional Incentive Program – 21%
          o Water Protection & Sustainability Trust Fund - $100 million
          o Public Education Capital Outlay - $105 million
                    Classrooms for Kids - $75 million
                    High Growth County - $30 million
          o Local Government Technical Assistance (DCA) - $3.25 million
                    DCA - $3 million
                    Century Commission - $250 thousand




                     Highlights of Infrastructure Planning and Funding Act
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