Agenda 05/22/2007 W
BCC
LEGISLA TIVE
DELEGA TION
POST
LEGISLA TIVE
SESSION
WORKSHOP
MEETING
AGENDA
MAY 22, 2007
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POST 2007 LEGISLATIVE SESSION
WORKSHOP PUBLIC NOTICE
2007 LEGISLATIVE SESSION
SUMMARY AND STAFF ANALYSES
OF LEGISLATION
FLORIDA PROPERTY TAX
SPECIAL SESSION PROPOSALS
AND IMPACTS ON COLLIER
COUNTY
'COUNTY BUDGET GUIDANCE
'5 YEARS OF COUNTY SAVINGS
MEASURES
'STATE UNFUNDED MANDATES
0. AVEHY
Collier County Government
Communication &
Customer Relations Department
3301 East Tamiami Trail
Naples, FL 34112
Contact: Sandra Arnold
Public Information Coordinator
(239) 774-8308
www.collicn.!ov .nct
May 14,2007
FOR IMMEDIATE RELEASE
NOTICE OF PUBLIC MEETING
POST 2007 LEGISLATIVE SESSION WORKSHOP
COLLIER COUNTY, FLORIDA
TUESDAY, MAY 22,2007
10 a.m. - Noon
Notice is hereby given that the Collier County Board of County Connnissioners and the Collier County Legislative
Delegation will host a Post 2007 Legislative Session Workshop Tuesday, May 22 from 10 a.m. to noon in the Board
of County Connnissioners chambers located on the third 1100r of the W. Harmon Turner Building, Administration
Building F, Collier County Government Center, 3301 E. Tamiami Trail, Naples.
The agenda includes a sunnnary of the 2007 Legislative Session and a discussion about the upcoming Property Tax
Special Session scheduled June 12-22 in Tallahassee.
In regard to the public meeting:
All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the
Board prior to the meeting. All registered public speakers will be limited to three minutes unless permission for
additional time is granted by the Chairman.
Any person who decides to appeal a decision of the Board of County Connnissioners or quasi-judicial board will need
a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Collier County Ordinance No. 2004-05, as amended, requires that all lobbyists shall, before engaging in any lobbying
activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-
judicial board), register with the Clerk to the Board at the Board Minutes and Records Department.
Residents interested in reviewing the agenda for this meeting can view the full document on Channel II (Comcast and
Marco Island Cable) and Channel 16 (Time Warner) at 9 aom., 5 and 10 p.m. on the Friday, Saturday, Sunday and
Monday prior to the scheduled meeting. The agenda is also available on the Collier County government Web site at
http://W\\.\v.collicreov.nct/Indl:x.asDx..lp3}.!C---775. For those who do not have access to Channel 11/16 or the Internet,
the agenda is available at all Collier County library branches.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities
Management Department located at 3301 E. Tamiami Trail, Naples, FL 34112, (239) 774-8380; assisted listening
devices for the hearing impaired are available in the Board of County Connnissioners Office.
For more information, call Assistant to the County Manager Debbie Wight at 774-8383.
-End-
Board of County Commissioners
Collier County Legislative Delegation
Post 2007 Legislative Session Workshop
Tuesday, May 22, 2007
10 a.m. to 12 p.m.
AJ!enda
I. Introductions
II. 2007 Legislative Session Summary
III. Property Tax Relief & Reform/Special Session
Open Dialogue & Discussion
IV. Public Comment
V. Adjournment
-_._~-,----_.__..._' ....__.._._-----~,.,,--
Board of County Commissioners
Collier County Legislative Delegation
Post 2007 Legislative Session Workshop
Tuesday, May 22,2007
Particioants
Board of County Commissioners:
Jim Coletta, Chairman
Tom Henning, Vice Chairman
Fred Coyle
Donna Fiala
Frank Halas
Collier County Legislative Delegation:
Rep. Mike Davis, Chairman
Sen. Burt Saunders
Rep. David Rivera
Rep. Garrett Richter
Rep. Trudi Williams
Invited to join them in the workshop setting:
Naples Mayor Bill Barnett
Marco City Council Chairman Mike Minozzi
Everglades City Mayor Sammy Hamilton
Invited for reserved seating in boardroom:
Naples City Council
Marco City Council
Everglades City Council
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Collier Countv's 2007 State
LeJzislative Priorities:
. Growth Management Glitch Bill (SB 360)
. Water Bill
. Insurance
. Affordable Housing
. Attorney/Court Fees
. Portability of Homestead Property Assessments (Collier
County opposed)
. Partial - Year Assessments
. Transportation funding tied to seat belt use
. 3 I 1 funding
. Cameras at intersections to catch red-light runners
. Oppose any attempt to change impact fees
. Requesting Change in Florida Statutes to Elect Rather than
Appoint Florida Water Management District Governing
Board Members
. Amend House Bill 7079 to give all counties the latitude to
exempt only portions of their county with unpaved roads
from all-terrain vehicle (A TV) use
. Address issues of concern in Consultants Competitive
Negotiation Act
essiOD Summarv
2007 Session Overview
The 2007 Regular Session officially ended Friday, May 4th. However, this
year it is more like a legislative "recess" than sine die. This is because the
one, most important issue as described by the legislature this year, property
tax reform, was not completed by the end of the 60 day regular session.
Lawmakers and the Governor have scheduled June l2th-22nd as the dates
they will again tackle the issue of property tax reform. The 2007 Legislative
was an exceedingly difficult year for local governments, as a myriad of
legislation filed contained unfunded mandates, cost shifts, and revenue caps.
Several ofthese bad provisions were defeated or died in the process, thanks
to targeted efforts on behalf of local officials and administration, and
consultants. The amount of negative proposals from the state legislators put
local governments in a defensive posture for session, and the property tax
issue, which is unresolved, consumed an inordinate amount of time this
sessIOn.
Two other key issues for 2007 were not addressed by the legislature as well.
KidCare reform and Personal Injury Protection Insurance went unresolved
during the regular session as both measures died on the calendar during the
waning days of session. Currently, there is a concerted effort by advocates,
related industries, and some lawmakers to include these two issues in the call
for special session.
Notwithstanding the issues failed to be addressed above, the legislature did
pass important legislation affecting Floridians this year. Legislation dealing
with crime, energy, growth management, transportation, affordable housing,
environmental conservation, and property insurance were passed by the
legislature this session.
The budget is the only constitutionally required item to be passed by the
legislaturc which was finalized and passed slightly sooner than in years past.
The $7 L9 billion budget includes slight increases in funding for major areas
such as; education, healthcare, and criminal justice, which is noteworthy
considering the $900 million revenue shortfall going into this session.
However, some of the increased funding came as result of cost shifting items
such as the Required Local Effort (RLE) portion oflocal ad valorem taxes
utilized to fund schools. The legislature used the local portion of the ad
valorem taxes, which have increased because of recent spikes in property
.I. K f- j T II A R N 0 I f) & ^ s S 0 C I ^ T c S
GOVERN\1ENTAI. C()~Slll.l ANTS
2001 Session Summarv Page 2
assessments, towards increased funding for schools. The local portion of these ad valorem taxes
were used in lieu of state dollars.
Again the conclusion of the 2007 Regular Session was somewhat anti-climatic, as several
important issues left unresolved. Local governments remain anxious as the property tax reform
issue continues to evolve before the special session. The scope of revenue reductions for local
governments hangs in the balance depending on what reform plan is ultimately adopted by the
legislature, which seems eminent at this point.
Major Budget Items for FY 2007-08
Overall Pre-K -12 Education (excluding Fixed Capital Outlay)
Proposed Budget: $10.4 billion General Revenue (3.2% increase)
$ 3.1 billion Trust Funds (4.1% increase)
$ 9.0 billion local effort
$22.5 billion Grand Total
This is a 4.9% increase over the current budget of$21.5 billion.
However, the legislature did not reduce the millage rate for the Required Local Effort for local
school districts, which allowed $543 million in local taxes to be utilized for the state/local share
of funding"
Health and Human Services
. Medicaid Price Level and Workload - $21.2 million General Revenue - Provides
increased funds for Medicaid workload because of changes in caseloads and utilization of
services and price level increases in reimbursement rates for institutional facilities, rural
health clinics, federally qualified health centers, county health departments, prescription
drugs, and other services. The Medicaid caseload for FY 2007-08 is projected to be 2.1
million people.
. Medicaid Nursing Home Reimbursement Rate Increase - $127.7 million - Transfers
existing funds to increase Medicaid nursing home reimbursement rates"
. Low Income Pool/Hospital Exemptions - $51.1 million - Provides funds to fully fund the
Low Income Pool Council recommendations to reimburse hospitals for the cost of
providing services to Medicaid, underinsured and uninsured patients" Also provides
funding for approximately 57 hospitals to receive higher Medicaid reimbursement rates
based on each hospitals level of charity care and other qualifying criteria"
$30 million - Provides $20 million to Jackson Memorial
Hospital and $10 million to Shands (Jacksonville) to reimburse the cost of providing
services to Medicaid, underinsured and uninsured patients.
. Special Payments to Hospitals - $8.2 million - Provides funding to specific hospitals
qualifying for special payments under statutory provisions and prior-year low income
pool recommendations"
2001 Session Summary Page 3
. Prepaid Health Plan Percentage Payment Limit Factor Increase - $5.1 million - Provides
funding to increase the reimbursement payment limit factor by 0.5 percent beginning on
January 1,2008, for Medicaid prepaid health plans"
. KidCare Enrollment Increase - $55.6 million - Provides additional funding for increased
enrollment in the Florida KidCare program. This will fund an additional 31,000 kids
during FY 2007-2008.
. KidCare Enrollment Marketing and Outreach Matching Grants - $1 million - Continues
funding for marketing and outreach matching grants to local organizations to increase
enrollment in the KidCare program.
Forensic Mental Health Program Annualization - $48.5 million - Provides general
revenue funds to annualize a $12.5 million amendment approved by the Legislative Budget
Commission in FY 2006-2007 to eliminate the forensic wait list by phasing-in
353 additional secure and step-down beds"
. Juvenile Incompetent to Proceed - $0.5 million - Provides additional funding to reduce
the wait list for competency restoration services to 73 juveniles.
. Public Safety, Mental Health and Substance Abuse Local Matching Grants - $4 million-
Provides matching grants to counties to expand or add services that promote jail
diversion by focusing on individuals with serious mental illness or substance abuse
disorder.
. Outpatient Baker Act Pilot Program - $2.5 million - Provides funding to develop
community mental health services to promote the use of outpatient treatment services in
lieu of more costly inpatient treatment
Department of Juvenile Justice
. $13.1 million to fund local initiatives and programs to reduce juvenile crime in local
communities.
. $2.5 million for enhanced specialized medical and mental health treatment services in the
department's detention centers.
. $63 million for grant funding to small counties for detention services.
Major Environmental Issues:
. Beach Restoration - $30"6 million to restore and protect Florida's beaches on both the
Gulf and Atlantic coasts. The state funding is matched with $63.9 million in federal and
local funds"
. Florida Forever - $300 million in bonds for land acquisition and conservation of our unique
2001 Session Summarv Page 4
natural resources"
. Everglades Restoration - $200 million cash and bonds for the Comprehensive Everglades
Restoration Plan (CERP); the Lake Okeechobee Estuary Recovery Plan; and the
Caloosahatchee River and St. Lucie River watersheds. The state funding is matched
dollar-for-dollar by the South Florida Water Management District.
. Drinking and Wastewater Revolving Loan Programs - $13.4 million in state funds is
matched five-dollars-to-one or $67 million by the federal government. The programs
provide over $100 million a year in low interest loans to local governments for building
safe drinking water and wastewater facilities.
. Water Protection and Sustainability- $100 million for the Water Protection and
Sustainabilityprogram. This includes $60 million for Alternative Water Supply, matched
with $36 million in local funds; $20 million for Total Maximum Daily Load
requirements; $10 million for the Disadvantaged Small Community Grant Program; and
$10 million for the Surface Water Improvement and Management Program (SWIM).
. Water Projects - $153.4 million for statewide water restoration and wastewater projects
that restore and protect our lakes, rivers, bays, and lagoons. The state funding is matched
with approximately $106.7 million in local funds.
. Oceans Research - $3 million for coastal and marine research and staffing based on the
Oceans and Coastal Resources Council Annual Science Research Plan.
. Florida Recreational Development Assistance Program (FRDAP) - $33"2 million for
grants to local governments to construct baseball fields, bike paths, and playgrounds for
public outdoorrecreation. The state funding is matched with $19.3 million in local funds.
. $2.9 million for the Innovative Waste Reduction grants program. Innovative Waste Reduction
grants are matched with $2.6 million in local funds.
Department of State
. Historic Preservation Fixed Capital Outlay Grants - $3.5 million to fund II of the
recommended projects.
. Historic Museum and Historic Preservation Operating Grants - $3.9 million"
. Cultural and Historical Community Based Projects (i.e. CBIR's) - $10.3 million.
. Arts and Cultural Program Operating Grants (nine separate grant programs) - $1108 million.
. Library Construction Grants - $5 million to fund 10 ofthe 27 requested grants.
. Lighthouse Restoration Grants - $1 million"
. Challenge Grants - $941,300 to fund the entire list of 15 institutions"
2001 Session Summarv Page 5
. Elections programs - $6.2 million.
Department of Community Affairs
. Local Emergency Preparedness and Response Initiatives (i.e. Community Budget Issues) -
$18.6 million"
. $7 million for the Residential Construction Mitigation program and $8"2 million for the
Pre-disaster Mitigation Program.
. $391 million for Housing Programs, including:
. Community Workforce Housing Innovation Pilot Program (CWHIP) - $62.4 million
. Florida Communities Trust Program -- $66 million"
. Front Porch Florida - $2.0 million"
Department of Transportation
. Seaports - $50 million in General Revenue Funds
. Small County Resurfacing Assistance Program (SCRAP) - $25.4 million.
. County Incentive Grant Program - $34.9 million.
. Department of Transportation Work Program Total- $7"5 billion (includes General
Revenue Fund and Trust Funds)
2001 Session Summarv Page 6
Property Tax Reform
As session ended, the House and Senate failed to compromise on a property tax plan. The
Senate had increased their initial tax reductions to $25 billion, but the House actually increased
their property tax reductions from $40 billion to $47 billion over a five year period. The Senate
also refused to even discuss the House plan of increased sales taxes in lieu of property taxes.
Below is a comparison of the two plans at the end of regular session:
Senate Bills
_ SB 1022: Requires assessment of affordable rental housing on the basis ofrental income rather
than market value.
_ SJR 3034: Puts on the ballot a proposed constitutional amendment that would allow primary
homeowners to take partial benefits from the Save Our Homes Amendment with them when they
move, creates an additional homestead exemption for first-time home buyers and exempts from
taxation the first $25,000 of personal property owned by a business.
_ SB 1020: Rolls back city and county property taxes one or two years and then freezes and caps
future increases, with allowances for growth in new construction and personal income, but
allows governing bodics to exceed the limits by a two-thirds vote or through a local referendum.
_ SB 560: Requires compensation for Save Our Homes Amendment benefits when a home is
obtained by government through condemnation, limits assessments based on the potential use of
property, known as 'highest and best' use, and requires cities and counties to disclose budget data
and contracts on their Web sites.
House Bills
_ HB 7001: Rolls back local property taxes except for schools, hospital and health care districts,
children's services districts and fiscally constrained counties, to their 2000-0 I level and caps
them with growth allowances based on inflation and new construction, but allows local
governing bodies to exceed the caps by a majority-plus-one or two-thirds vote.
_ HJR 7089: Exempts primary homes, or homesteads, from state-required school property tax in
exchange for increasing the state sales tax from 6 percent to 7 percent, allows counties and
school boards through referendums to exempt homesteads from remaining property taxes in
exchange for sales taxes of up to 1.5 percent, rolls back remaining property taxes to 2003-04
with growth allowances based on inflation and new construction, but allows local governing
bodies to exceed the caps by unanimous votes.
_ HB 261: Limits assessments based on the potential use of property, known as 'highest and best'
use, requires the assessment of residential rental properties and multiunit commercial rental
properties on the basis of their rental income potential and allows owners of such rental
properties, property rented for mobile homes, marinas and commercial fishing properties to enter
agreements with counties that limit their taxes and uses.
Both the Senate and House proposed plans would result in millions of dollars in cuts to city and
county budgets because of the ad valorem millage rate roll backs.
2001 Session Summarv Page 1
Thanks to the tireless efforts of county and city elected officials and administrators along with
consultants, the drastic rollbacks and subsequent revenue losses did not pass the regular session.
After much debate and media coverage of the House plan specifically, the House has backed
away from the sales tax swap in favor of an increased homestead exemption plan. However,
initial analysis of the revised House plan reveals major revenue reductions to counties and cities.
Local government's energy and time will be best directed to working with Senate, whose
property tax reform plans have been more moderate related to revenue reductions for local
governments.
Special Session Property Tax Plan Update
The House has released a new plan a few weeks before the planned special session which
incorporates greatly increased homestead exemptions for homestead and non-homestead
properties.
Under the proposal the state's existing homestead exemption would be dramatically increased.
Instead of exempting just $25,000, the plan would exempt a full 80% of the first $300,000 worth
of a home's taxable value.
70% of a home's taxable value between $300,000 and $1 million and 30% of anything more than
$1 million would also be exempt from property taxes"
The House is also considering differing homestead type exemptions for businesses, second
homeowners, and all other property owners.
Senate leaders have cautioned that any plan which would require additional taxes (sales tax or
other local taxes) to offset dramatic reductions in property taxes would not be acceptable.
Growth Management
HB 7203 Relating to Growth Management was not introduced as a proposed committee bill until
the sixth week of session in the House Economic Expansion and Infrastructure Council. What
began as a "glitch bill" to fix problems with SB 360, became a 44 page bill with major new
provisions affecting several areas of growth management law. Despite the opposition of the
Department of Community Affairs' Secretary, the bill ultimately passed the legislature on the
final day of session with series of amendments on third and final reading. As passed, HB 7203
makes it easier for development to occur, regardless of transportation concurrency issues.
HB 7203 has passed the legislature Senate 34-5; House 118-0 and awaits action by the
Governor
Summary of the major items in HB 7203:
. Bill makes it easier for development to occur regardless of transportation concurrency issues
. Extension oflocal government/developer agreements from 10 to 20 years
2001 Session Summarv Page 8
. Establishes a pilot program in several communities with weak planning track records
(Broward, Pinellas, Jacksonville, Miami, Hialeah, Tampa) that allows all amendments to be
reviewed through the small scale amendment process
. Bill relaxes concurrency standards
. Community redevelopment areas now included in definition of "urban redevelopment"
. Comprhensive plans deemed "financially feasible" when the capital improvements schedule
shows that concurrency standards (for transportation and schools) will be
achieved/maintained by the end of the 5 year schedule
. Allows plan amendments to be deemed "financially feasible" with respect to transportation
facilities if:
(a) is a condition of development order of a DRl with proportionate share mitigation
(b) is part of a binding agreement with fair share mitigation where the amendment to
the future land use map is within designated urban infill, urban redevelopment or
urban service area
. Adds airport passenger terminals, concourses, air cargo facilities, hangars, aircraft
maintenance/storage areas to existing transportation concurrency exemption for public transit
facilities
. Clarifies that where urban service areas are to be considered for transportation concurrency,
they can only be as large as the area covering a 10 year planning period
. Where a school board agrees to include a new facility in its next scheduled work program,
developers can accelerate building of one or more schools
. proportionate fair share mitigation specifically allowed to be focused on one or more
transportation improvements - clarification that where such funding "significantly benefits"
the overall transportation system as determined by the local government, development is
allowed to occur even if concurrency not met
. Transportation Concurrency Backlog Areas authorized
a" allows creation of an authority (meaning the appropriate local
government) that designates an area where one or more traffic
deficiencies exist such that traffic volume(s) exceed the level of service
standard as found in the local plan
b. provides tax increment financing to raise funds needed to demonstrate
that deficiencies will be addressed in 10 years or less - allows for bonds
and related financing mechanisms
c. allows development to proceed once the improvement schedule is made
part of the comprehensive plan - will be deemed "financially feasible"
2001 Session Summarv Page 9
d. also requires an overall plan showing deficient roadways, priority
improvement list and financing schedule as part of the comprehensive
plan
. Plan Amendment Review Pilot Progam-designates Broward, Pinellas, Jacksonville, Miami,
Tampa, Hialeah to have all amendments reviewed under a modified small scale process;
OPP AGA to present evaluation report by December 1,2008, to Governor, Speaker and
President on pilot program
. DRI buildout dates extended by 3 years without becoming substantial deviations
. Community Workforce Housing Innovation Pilot Program (CHWIP) for building affordable
housing renamed "Representative Mike Davis Community Workforce Housing Innovation
Pilot Program"
"Tax Increment Financing for Conservation Lands" created in bill allows multi-county ad
valorem taxes for funding purchases of sensitive lands for conservation. This would allow
counties to work together with local tax initiatives to acquire conservation lands of significance
that span their common borders.
. When Port Master Plans are integrated into a local comprehensive plan as part of an EAR,
and the EAR is found not sufficient, the port master plan may still be adopted
. DCA authorized to use rulemaking to implement Local Update Census Addresses (LUCA)
tech assistance grants
Affordable Housing
Although the legislature failed to remove the cap from the Sadowski Trust Fund because of a
tight budget year where doc stamp revenues were used to balance the budget, a major affordable
housing package was passed. HB 1375 passed the last week of session which included the
Community Workforce Housing Innovation Pilot Program, later renamed the "Representative
Mike Davis Community Workforce Housing Innovation Pilot Program" to honor the
representative who has lead the work on affordable housing issues for several years. The
legislature allocated $65 million for CWHIPP in FY 2007-08, and $393 million overall for
statewide affordable housing programs.
If approved by the Governor, these provisions take effect July I, 2007.
Voteo' Senate 39-0,0 House] ]9-0
HB 1375 contains the following major provisions:
. By July I, 2008, counties required to adopt plan ensuring affordable workforce housing. This
is required if gap between buying power of family offour (4) and median county home sale
2001 Session Summarv Page 10
price exceeds $170,000 as determined by Florida Housing Finance Corporation (FHFC)
(Monroe, Collier, Palm Beach, Walton, Martin, Miami-Dade, probably Broward)
. Minimum plan requirements
a. identify adequate workforce housing sites
b. "workforce housing" means affordable to natural persons/families where
household income does not exceed 140% of area median income adjusted for
household size
. Failure to comply means local government ineligible for any state housing assistance grants
. Local government/developer providing affordable workforce housing as a substantial
deviation to a DRI where at least 50% of units occupied by employees using an employment
center in close proximity can exempt from transportation concurrency - does not affect
existing vested trips
. "Close proximity" defined as 5 miles, and "employment center" means at least 25 or more
full time employees
. Any local government identifying a housing project consistent with a SHIP program may
expedite necessary plan amendments using only a single hearing
. Any local government identifying a plan amendment that is consistent with a SHIP program
is not subject to the twice/year plan amendment limitation
. City or county can by ordinance defer ad valorem taxes if owners operating affordable
housing authorized in Part VI, Chapter 420 (any/all housing related to very low, low and
moderate income people)
. City or county can by ordinance defer non ad valorem assessments on affordable rental
housing
. Properties are only eligible where (1) monthly rent, taxes, insurance and utilities do not
exceed 30% of median adjusted gross annual income as defined by SHIP or (2) units are
occupied by extremely low, very low, low or moderate income persons as defined by SHIP
. Interest on taxes deferred cannot exceed 9.5% or 3% plus CPI, whichever is lower
. Applications and appeals processed by local tax collector
. SAIL program authorized to forgive indebtedness of nonprofits for a share of a loan
applicable to units in a project providing extremely low income elderly housing where such
housing has been provided for at least 15 years
. CWHIP application rules and review committee authorized to make recommendations to
FHFC which approves or rejects loan applications, and amounts
2001 Session Summarv Page 11
. Local governments authorized to use SHIP funds for CWHIP projects for persons/families
whose total income does not exceed (a) 140% of area median income, OR (b) 150% of area
median income in areas designated as Areas of Critical State Concern
. Priority for CWHIP funding where (a) local jurisdiction has adopted or is committed to adopt
regulatory incentives or local or public-private partnership has adopted or is committed to
adopt financial strategies, (b) innovative design features like green building, storm resistance,
reduction of maintenance, utilities, insurance costs
. CWHIP related plan amendments required to receive expedited processing
. All notes, mortgages, security agreements, letters of credit and similar instruments arising
from CWHIP projects are tax exempt
. FHFC pre-development loans increased to $750,000
. Affordable Housing Incentive Strategy Committees increased to II members with 2 new
categories: (a) citizen representing employers in the jurisdiction; (b) citizen representing
essential services personnel as defined in local housing assistance plan
. Local governments getting minimum SHIP allocation may appoint fewer than II members to
their committees and may elect not to do triennial reports noted below
. Local committees required to submit triennial reports on local comprehensive plans,
regulations, polices, etc., for the purpose of facilitating affordable housing
. Any two or more public housing authorities under Chapter 421 may create a self-insurance
fund
. Any public housing authority that is a member of a self-insurance fund is exempt from
assessments by special statewide property and hurricane funds
Transportation
HB 985 became the vehicle or train for most of the related transportation related issues during
the 2007 session" This bill raises the debt cap for the turnpike enterprise from $4"5 to $10 billion
and it would allow special incentives for private financing of new roads" Additional language
was added to the bill limiting the duration to 12 months of a moratorium counties can place on
aggregate rock mining, even if those bans are based on environmental concerns. The bill passed
69-48, by what is considered a narrow margin in the House.
If approved by the Governor, these provisions take effect July 1,2007.
Vote." Senate 37-2; House 68-49
2001 Session Summary Page 12
Major provisions ofHB 985:
. Public-Private Partnerships;
. Metropolitan Planning Organizations;
. Local Governments;
. Tolling Issues;
. Expressway and Transportation Authorities; and
. Other Transportation Issues
Public Private Partnerships
The bill provides for the implementation of Public-Private Partnerships to strengthen the state's
transportation system by providing the Department of Transportation (DOT) with innovative
financing techniques including public-private partnerships and leasing existing toll facilities. The
bill makes the following changes:
. Revises current application fees for proposals submitted under this section to be required only
for unsolicited proposals;
. Requires that agreements for leasing existing toll facilities must be approved by the Legislative
Budget Commission;
. Allows DOT to enter into Public-Private Partnership agreements to develop new toll roads or to
increase capacity;
Requires that DOT submit a summary of Public-Private Partnership projects as a part of the
Tentative Work Program annual submittal to the Legislature and Governor's office;
. Requires minimum operation and maintenance standards for toll facilities included in Public-
Private Partnerships;
. Provides for regulation of toll rates and revenue sharing as part of the negotiated agreement;
. Requires an investment grade traffic and revenue study, a finance plan, and a cash-flow
analysis;
. Exempts Public-Private Partnerships from traditional contracting requirements included in
chapter 311, F.S. However, these agreements must specify the qualification of firms and the
contracting requirements through the procurement process;
. Extends the advertisement period from 60 days to 120 days for interested parties to submit a
competitive bid in response to DOT's receipt of unsolicited proposals;
. Requires that Public-Private Partnership agreements include a balanced security package;
. Requires the private entity and DOT to perform a cost-benefit, value-for money analysis
showing the cost effectiveness and public benefit of proposed projects;
. Authorizes availability payments by DOT on an annual basis as part of a project finance plan;
. Provides project selection and prioritization processes for specific roadways associated with
DOT's work program;
. Establishes contract term limits for Public-Private Partnership agreements of 50 years, or 75
years with the DOT Secretary's written findings and approval. Over
75 years requires legislative approval and specifies that any leased facility would be owned by
DOT at the end of the term ofthe agreement;
. Establishes maximum annual obligation of state and federal funds to Public-
Private Partnership contracts of 15 percent of funding for any given year; and
. Applies indexing toll rates to all DOT owned toll facilities, including the Turnpike system.
2001 Session Summarv Page 13
Metropolitan Planning Organizations (MPO) and Florida Transportation
Commission (FTC)
The bill clarifies Metropolitan Planning Organizations are separate and distinct legal entities,
provides autonomy to MPOs by requiring independent staff and granting specific powers and
authority, and provides MPO staff eligibility to participate in the Florida Retirement System
(FRS)" In addition, the bill:
. Allows MPOs to establish travel, per diem, subsistence and mileage rates in excess of statutory
maximums for non-state travelers;
. Adds MPOs to the list of "local agency employers" and "local government entities" for the
purpose of ensuring their eligibility to participate in the Florida Retirement System. Also allows
employees to claim past service for this purpose;
. Adds the MPO Executive Director or staff director to the list of public employees included in
the Senior Management Service class; Clarifies that voting members shall exclude constitutional
officers, including sheriffs, tax collectors, supervisors of elections, property appraisers, clerks of
the court, and similar types of officials;
. Directs MPO's to appoint nonvoting representatives of various multi-modal organizations, who
are not otherwise represented by voting members;
. Requires each MPO to provide training on the urbanized transportation planning process to all
who serve as members;
. Provides for a roll-call vote, or a hand-counted vote of a majority of the membership present to
adopt each long range transportation plan amendment affecting projects in the first three years of
such plans; and
. Establishes officers and clarifies eligibility of certain elected officials to serve on the MPO"
Local Governments
The bill increases local governments' flexibility to fund and finance transportation infrastructure
and expands their regulatory authority in several transportation related activities. Specifically the
bill:
. Deletes the prohibition for local governments to issue bonds only once a year on gas tax and
infrastructure tax revenues;
. Raises the dollar thresholds on county road projects that trigger the need to open the project to
competitive bids. Increases the threshold for certain road construction and maintenance by
counties which are exempt from competitive bid requirement from $250,000 to $400,000;
. Provides Transportation Concurrency Incentives;
. Authorizes local governments to regulate wall murals;
. Allows Federal Transit funds to provide local match for Transportation Regional
Incentive Program projects;
. Allows local governments to create Transportation Concurrency Backlog
Authorities to adopt plans to eliminate backlogs funded by Tax Increment
Financing;
. Allows counties to permit the daytime use of All Terrain Vehicles on selected unpaved roads
within the county;
. Authorizes a study to evaluate the benefits and barriers of regional multi-modal transportation
concurrency districts; and
2001 Session Summarv Page 14
. Allows plan amendments to the local comprehensive plans concerning the integration of a port
master plan"
Tolling
The bill also provides DOT with additional authority to maintain and improve the state's toll
facilities and the use of electronic toll collection cards; and provides for an efficient means of toll
collections related to toll violations. In this regard, the bill:
. Expands the use of electronic tolling cards to agreements with private and public entities to
allow toll road customers to use electronic tolling for paid parking;
. Provides for reporting, penalties and payments related to tolling citations;
. Revises the disposition for citations issued for tolling violations;
. Requires 60 day driver's license suspension for motorists with 10 violations;
Establishes vehicle license placement and display requirements and specifies the illegality of
obscuring license plates with any substance. Provides for citations to be issued to offenders;
. Establishes penalties for motorists who do not pay required tolls. Provides the offender with
options for paying the required fines; and
. Extends the sunset for distribution of certain toll revenues, 90% to Broward, Palm Beach and
Miami-Dade counties from July 1, 2007 to July 1, 2017. (s. 338.231(4), F.S.)
Expressway and Transportation Authorities
The bill revises the administration, membership, and reporting requirements of several
transportation authorities and clarifies their purpose and powers; revises guidelines for the
Orange-Osceola County Expressway Authority (OOCEA) with regard to its contracting
requirements; and requires the Florida Transportation Commission (FTC) to monitor the
efficiency, productivity, and management of regional transportation and transit authorities and
expressway and bridge authorities. The bill:
. Prohibits the Northwest Florida Transportation Corridor Authority from appointing any person
who holds a position as an elected official. Allows existing elected officials to remain and be
reappointed and requires the authority to plan for a study related to the bridges spanning certain
bays and sounds and access roads to these facilities;
. Revises provisions for officers and employees of the Jacksonville Transportation
Authority and provides for the adoption of rules by the Jacksonville
Transportation Authority for certain purposes;
. Clarifies that any expressway authority, and not just those created pursuant to
Part I of chapter 348, F B", can participate in the public-private partnerships, including those that
lease existing toll facilities;
. Increases the financial disclosure requirements ofthe expressway authorities;
. Increases the contract threshold for a performance-bond waiver, for the OOCEA contractors
only, to $500,000 for these micro-contracts;
. Limits participation in the program to independent businesses principally headquartered in the
Orange County Standard Metropolitan Statistical Area and employing a maximum of25 persons"
Eligible businesses also must have gross annual construction sales averaging $3 million or less
over the previous three calendar years; and be accepted into OOCEA's economic-development
program;
2001 Session Summary Page 15
. Requires the OOCEA to prepare a biennial report for submission to the Orange County
Legislative delegation" The initial report will due on December 31, 20 I 0; and
. Requires the FTC, as part of its primary functions, to monitor the efficiency, productivity, and
management of regional transportation and transit authorities and expressway and bridge
authorities" Requires the FTC must conduct periodic reviews of each transportation and
expressway authority's operations and budget, acquisition of property, management of revenue
and bond proceeds, and compliance with applicable laws and generally accepted accounting
principles.
The bill also provides that the FTC and its members are prohibited from entering into the day-to-
day operation of any of the monitored authorities.
A number of other transportation issues are included in the bill which provides the state with
additional flexibility and programs to accomplish needs related to contracting, bonding,
productivity, construction material availability, and law enforcement support through efficient
and beneficial methods. The bill:
. Revises matching rates for fixed-guideway transit projects from a SO/50 state/local match rate
to allow the state to match up to 50 percent of the project costs;
. Requires the DOT to expand the general advertising of projects for bid;
. Allows the DOT to waive surety bond requirements on projects $250,000 or less;
. Allows the DOT to waive contractor pre-qualification to bid requirements on projects $500,000
or less;
. Allows the DOT to accept multi-year surety bonds for multi-year maintenance contracts;
. Allows the DOT to waive surety bond requirements on projects $250 million or more;
. Increases the maximum dollar amount of bonds issued for Turnpike projects from
$4.5 billion to $10.0 billion;
. Exempts the Turnpike and its vendors from commercial rental tax;
. Establishes the Strategic Aggregates Review Task Force. Provides for membership, staffing,
reporting, and expiration. Requires state agencies to consider the effect of decision-making on
the availability of construction aggregate materials. Includes limitations on local governments'
mining moratorium and language permitting DOT to contract for future mineral rights;
. Requires recipients oftransit block grants to annually identify system improvements that would
increase profitability;
. Requires a $3 surcharge for certain criminal offenses and non-criminal traffic violation to
provide funding for the state's law enforcement radio systems;
. Strengthens prohibitions related to engaging in the business of selling motor vehicles to the
public without a license;
. Creates the Enhanced Bridge Program to authorize use of transportation funds for the purpose
of improving the sufficiency rating oflocal bridges and to improve congested roads on the State
Highway System or local corridors on which high-cost bridges are located in order to improve a
corridor or provide an alternative corridor;
. Requires that nonprofit youth organizations that contract with the Department of
Transportation (department) for the purpose of operating youth work experience programs to
certify that the program participants are residents of the state and possess valid identification;
specifies criteria for the department to consider in awarding contracts to such organizations;
requires that the nonprofit youth organizations submit certain reports and audits to the
department and demonstrate participation in a peer assessment or review process; and
2001 Session Summary Page 16
. Encourages DOT and permits the use of transportation funds for the purpose of maintaining
and constructing noise walls as requested by the proper authorities.
2007 Collier County Legislative Priorities
Growth Management Glitch Bill (SB 360)
What started as a glitch bill introduced in the sixth week of session quickly turned into a major
growth management re-write. Tom Pelham, Secretary of DCA opposed such major legislation
this year, and urged the legislature to be cautious and come back next year with such a major
proposal. However, the legislature passed HB 7203 the last day of session, amending up to the
last hours. The bill contains language relaxing transportation concurrency standards, relaxation
of school concurrency requirements, and the bill includes a pilot plan to remove DCA oversight
from certain urban areas (Miami-Dade and Pinellas Counties).
Please see page 7 for details of HB 7203.
Water Bill
The major water issue passed by the 2007 Legislature was Expansion of the Lake Okeechobee
Protection Act, SB 392 Watershed Restoration. An Everglades Restoration Resolution requesting
the federal share of clean-up funding was passed, and $150 million in water projects were passed
in the appropriations act.
Details of the provisions of SB 392 Watershed Restoration are on page 22.
Affordable Housing
Although efforts to remove the cap on the Sadowski rust Fund were unsuccessful, the legislature
did pass $393 million in affordable housing initiatives including $65 million for the CWHIPP
program in FY 2007-08, which has been renamed the "Representative Mike Davis Community
Workforce Housing Innovation Pilot Program."
Please see page 9 for bill details.
Attorney/Court Fees
Two bills were identified to the related statute F. S. 73, which would have served as vehicles to
amend the Attorney/court fees issue onto, SB 2816 by Sen. Villalobos and HB 1373 by Rep.
Robaino, dealing with Community Associations. The bills died in committee and on the
calendar.
2001 Session Summarv Page 11
Portability of Homestead Property Assessments (Collier County
opposed)
Several individual bills (HB 23, SB 0652, HB 0459, HB 0751, SB 2204 , SB 2206 , SB 2270
were filed related to homestead portability" None of the individually filed bills passed this
session, but the Senate plan, which ultimately went to conference on the property tax issue
included portability. The issue will be considered during the special session on property tax
reform beginning June 12'h.
Please see page 6 for details on portability.
Partial-Year Assessments
During the session dominated by property tax reform which would have limited local
governments' revenue through rollbacks on ad valorem millage rates, partial year assessments
were not introduced for discussion by the legislature.
Transportation funding tied to seat belt use
Currently, the "Florida Safety Belt Law" is enforced as a secondary offense for operators and
passengers 18 and older; that is, law enforcement officers cannot stop motorists 18 and older
solely for not using safety belts. It is a primary offense to operate a motor vehicle in this state
unless each passenger and the operator of the vehicle under the age of 18 are restrained by a
safety belt or by a child restraint device.
HB 27 by Rep. Glorioso and SB 484 by Sen. Rich gives the act the popular name the "Dori
Slosberg and Katie Marchetti Safety Belt Law" and amends the Florida Safety Belt Law to
provide for primary enforcement for all motorists. A law enforcement officer would be
authorized to stop a motorist and issue a citation for a safety belt violation upon reasonable
suspicion that the driver, any passenger under the age of 18 years, or any passenger in the front
seat who is 18 years of age or older, is not restrained.
Lastly, it was believed that if the proposed bill passed the legislature, a one time draw down of
$35.5 million in federal funds would be awarded to Florida. However, in a follow-up
memorandum dated January 23,2007 by the Assistant Chief Counsel for the National Highway
Traffic Safety Administration (NHTSA), it was determined that Florida would not be eligible for
the grant. The NHTSA determined that because of an existing provision in s. 3l6.614(a), Florida
Statutes, which exempts all vehicles that exceed 5,000 pounds from coverage under the state's
seat belt use law, Florida would not be in compliance with the federal grant program and
therefore, would not be eligible for the federal funds even ifit passed a primary safety belt use
law"
The seatbelt bills never got out of their respective committees. However an amendment was
offered on the House floor incorporating the issue, but was withdrawn for lack of support.
2001 Session Summarv Page 18
311 Funding
HB 729 by Rep. L. GarciaJSB 752 by Sen. Diaz de la Portilla 311 Governmental Svc.
Telephone System.
The bill defined the term "coordinated 311 non-emergency & other governmental services
telephone system"; authorizes DCA to accept & administer funds to provide grants for certain
governmental services telephone systems; authorizes counties & municipalities to apply for
grants; requires report to Governor & Legislature detailing expenditures; provides application
evaluation criteria.
The bills were filed and referred but died in their respective committees. It is likely these issues
failed to move for the same reason the Governor vetoed them last year, which was a lack of
funding for the program"
Cameras at Intersections to Catch Red-light Runners
SB 2558 by Sen. Bennett and HB 1247 by Rep. Reagan create the Mark Wandall Traffic
Safety Act. The bills authorize local governments to enact ordinances which establish electronic
photo detection devises at specified intersections for the purpose of automatic detection of red
light violators.
Both bills died in committee.
Oppose any attempt to change impact fees
SB 576 Impact Fees by Sen. Bennett required any impact fee imposed by local government
through an ordinance at a minimum must address whether a credit will be granted to the
developer for:
1. Tax payments that the local governmental entity will receive in the future from the
development;2" In-kind payments of infrastructure to the local governmental entity by the
developer, such as land for a school or road; or 3. Funds for infrastructure from sources other
than the local governmental entity, such as a grant from the state or Federal Government for
water or wastewater facilities. Prohibits the collection of the impact fee before a certificate of
occupancy is issued.
SB 576 died in committee.
SB 532 Transfer of Real Property Surtax by Sen. Bennett
The portion of the bill which deals with impact read:
If the governing body of a county or municipality
,-",..,:,,',
2001 Session Summarv Page 19
imposes an impact fee and levies a surtax pursuant to this
section, the impact fee may not exceed $3 per square foot for
residential property or $5 per square foot for commercial
property except as provided in subsection (8).
(8) An impact fee imposed by the governing body of a
county or municipality that levies a surtax under this section
may be increased annually by an amount that does not exceed
the percentage change in the Consumer Price Index for All
Urban Consumers, D.S" City Average, all items 1967=100, or
successor reports for the preceding calendar year as initially
reported by the Bureau of Labor Statistics of the United
States Department ofLaboL
SB 532 died in committee.
HB 1483 was a bad bill for local government, which required a 3/5 vote or majority plus one
(whichever is greater) of the governing body to levy new impact fees or expand the tax base or
geographic area affected by existing impact fees. The bill passed the House but died in the
property tax conference process.
Requesting Change in Florida Statutes to Elect Rather than Appoint
Florida Water Management District Governing Board Members
No bill was filed on the election of water district members, but legislation was filed affecting
SFWMD membership"
SB 1764 by Sen. Saunders revises the residence requirements for governing board members of
the South Florida Water Management District. It modifies the requirement that:
. One member shall reside in Collier, Hendry, Lee or Charlotte counties.
. To require that this member shall be from Lee County.
It reduces from two to one, the number of board members that are appointed at large from either
St. Lucie, Martin, Palm Beach, Broward, Dade, or Monroe counties.
Finally, it creates a requirement that one member of the governing board reside in either St.
Lucie or Martin county.
The bills died on the floor and in committee. An amendment was offered encompassing the
board changes, but ultimately not adopted because of lack of support.
Amend House Bill 7079 to give all counties the latitude to exempt only
portions of their county with unpaved roads from all-terrain vehicle
(ATV) use
2001 Session Summarv Page 20
SB 1562 All-terrain Vehicles by Sen. Saunders/HB 985 Transportation by Rep. Glorioso
authorizes local government to limit use of all-terrain vehicles to designated unpaved roadways
under certain conditions.
The bills permit counties to allow the daytime use of all-terrain vehicles (A TV) on selected
unpaved roads by licensed drivers or by minors under the supervision of a licensed driver.
The A TV language was included in HB 985 and was passed by the legislature.
Please see page 12for details of the ATV language
Address issues of concern in Consultants Competitive Negotiation Act
The County language was not amended onto a vehicle this session due to lack of support.
However we were successful in assisting the passage ofHB 1489 Public Project Construction
bonds which deals with design-build contracts. The bill provides that a county, municipality,
special district as defined in ch. 189, F.S., or other political subdivision ofthe state, may use a
construction management entity or program management entity. The bill amends s.
287.055(9)(c), F"S., relating to the acquisition of professional services, to clarify that the
specified local government entities must award construction-management and program-
management contracts by use of a competitive process whereby the selected firm will,
subsequent to competitive negotiations, establish a guaranteed maximum price and guaranteed
completion date.
Please see page 28 for details of the bill.
Insurance
A few bills related to hurricane property insurance have been filed this session" Although the
legislature passed property insurance earlier this year in a special session, the two bills below
significantly addressed Citizens Insurance and the hurricane mitigation program.
SB 2498 - Hurricane Preparedness and Insurance
This bill makes changes to the Citizens Property Insurance Corporation ("Citizens") law,
prohibits the formation of new Florida domestic residential property insurance subsidiaries and
requires rate filings for all insurance subsidiaries to include parent company profit information.
Please page 31 for details ofSB 2498
CSIHB 7057 - Hurricane Damage Mitigation
During the 2006 Regular Session, the Legislature created the Florida Comprehensive Hurricane
Damage Mitigation Program and appropriated $250 million to provide financial incentives to
encourage residential property owners in Florida to retrofit their properties, making them less
vulnerable to hurricane damage and helping decrease the cost ofresidential property and casualty
insurance. The program provides free home inspections and matching grants of up to $5,000 for
2001 Session Summarv Page 21
home mitigation and is administered by the Department of Financial Services (DFS). The bill
makes changes to the program and the Florida Building Code, and contains other issues related
to hurricane damage mitigation.
Please see page 40 for details of HB 7057
2001 Session Summary Page 22
Major Legislation Passed by the 2007 Legislature
SB 392 Watershed Restoration
The bill expands the program to include protection of the Lake Okeechobee Watershed and the
Caloosahatchee & St Lucie Rivers Watersheds; provides for the Lake Okeechobee and
Caloosahatchee and St Lucie River Watershed Protection Program, including a Protection Plan,
Construction Project, Watershed Pollutant Control Program, and Research, Water Quality, and
Habitat Mottitoring Program; and provides new or revised definitions for "Caloosahatchee River
Watershed, "Lake Okeechobee Watershed," "Northern Everglades," River Watershed Protection
Plans," and "St. Lucie River Watershed." The bill provides for implementation and evaluation
within the Protection Plans; provides for protection permits; requires the Department of
Environmental Protection (DEP) to expedite the development and implementation of total
maximum daily loads for the Caloosahatchee River and estuary and to develop basin
management action plans for the Lake Okeechobee Watershed and estuaries; and revises
requirements relating to the annual progress report of the South Florida Water Management
District (SFWMD).
The bill requires the modified Phase II technical plan of the Lake Okeechobee Water
Construction Project to be submitted to the Legislature for ratification during the 2008 regular
session. The bill requires the River Watershed Protection Plans to be submitted to the Legislature
for ratification during the 2009 regular session.
The bill also expands the use of Save Our Everglades Trust Fund appropriations through
Fiscal Year 2019-2020 to be used for the Lake Okeechobee Protection Plan and
Caloosahatchee and St Lucie River Watershed Protection Plans. The DEP may reserve
a minimum of $1 0 million annually, to the extent that funds are available, from the Save
Our Everglades Trust Fund for the implementation of the River Watershed Protection Plans
within the Northern Everglades. Distribution of funds from the Save Our Everglades Trust Fund
for the implementation of the River Watershed Protection Plans must be equally matched by the
SFWMD and Lee and Martin Counties by fiscal year 2019-2020 by providing funding or credits
toward project components.
If approved by the Governor, these provisions take effect July 1, 2007.
Vote." Senate 35-0; House 116-0
CS/CS/SB 448 - County Funding of Court Personnel
This bill clarifies the status of employees who are funded by the county to help with the
operation ofthe circuit court under an agreement created pursuant to s. 29.0081, F.S. The bill
deletes existing language stating that county-funded personnel are employees of the judicial
circuit It provides that the county shall be considered the employer for purposes of s" 440.10,
F.S", of the Workers' Compensation Law and for purposes of the Unemployment Compensation
Law. The bill also permits these county-funded employees to be aggregated with other county
employees for purposes of a flexible benefits plan under s" 125 of the Internal Revenue Code.
'.:,."
2001 Session Summarv Page 23
The bill clarifies that when a county provides personnel to the judicial circuit, the circuit shall
supervise the employees, shall be responsible for compliance with all requirements of federal and
state employment laws (e.g., Americans with Disabilities Act and Family Medical Leave Act),
and shall indemnify the county from liability under those laws for acts or omissions of the
circuit.
If approved by the Governor, these provisions take effect July I, 2007.
Vote"' Senate 39-0; House 118-0
CS/CS/HB 529 - Cable TV/Video Service Franchises
The cable franchise bill has been around for a few years, failing to pass the fulllegislatnre. This
year the issue did pass. HB 529 passed despite opposition from consumer advocates and local
governments. The bill preempts existing local government/cable franchise agreements in favor
of state agreements. There is concern that companies may cherry pick affluent areas to offer
services creating sporadic coverage of cable service. The bill's provisions represent a further
eroding oflocal government home rule authority.
The bill establishes the authority to issue statewide cable and video franchises within the
Department of State (department or DOS) and designates the department as the state franchise
authority. The bill removes local government authority to negotiate cable service franchises.
The bill creates a new chapter 610 ofthe Florida Statutes. The bill provides for definitions and
establishes an application procednre for a state-issued certificate of franchise authority by the
department. Incumbent cable or video services providers are eligible to immediately apply for a
state-issued certificate and the applicable municipal or county franchise is terminated on the date
the department issues the state-issued certificate of franchise authority" Certificateholders are
required to update information every five years. The bill provides for application and processing
fees, most of such fees will be transferred to the Department of Agricultnre and Consumer
Services. Franchise fees imposed by local governments, except those franchise fees already
collected through the Communications Services Tax and permitting fees collected for the use of
the right-of-way are prohibited under the bill. Buildout requirements are prohibited"
The bill requires that all cable or video service providers must comply with federal requirements
as provided in the bill. Local governments that have an office or department dedicated to respond
to cable or video service customer complaints may continue to respond to such complaints until
July 1, 2009, at which time the Department of Agricultnre will have sole customer complaint
authority.
Guidelines for the number of public, educational, and government (PEG) channels to be
provided are established. Certificate holders must provide the same number of public,
educational, and governmental access channels, or their functional equivalent, that a municipality
or county has activated under the incumbent cable or video service provider's franchise
agreement as of July 1, 2007" The bill provides criteria for additional channels and for two
2001 Session Summary Page 24
channels if no franchise agreement exists or the local government has no requirements. The bill
provides for operation, interconnection, and transmission of video programming"
The bill provides for free cable or video services for K-12 public schools, public libraries or local
government administrative buildings under certain conditions. Municipalities or counties are
prohibited from discriminating against certificate holders for items such as access to rights-of
way, buildings, or property or terms and conditions of utility pole attachments. Local authority is
limited with regard to certain additional requirements on the certificateholder including financial,
operational, and administrative requirements. A local authority may not require the filing of
certain documents.
The bill prohibits discrimination against subscribers based on race or income, and creates a new
section in the Deceptive and Unfair Trade Practices Act, ch. 501, F.S., to enforce the provisions.
This section provides for definitions and declares discrimination among residents by a provider
of cable or video service unlawful and violation of the section. The bill provides for how a
certificateholder may satisfy the section, how to determine whether a violation has occurred, and
for enforcement
If a certficateholder is found by a court of competent jurisdiction not in compliance with the
requirements of the chapter, it has a reasonable period of time as specified by the court to cure
such noncompliance" If an incumbent cable or video service provider is required to operate under
its existing franchise, certain conditions also apply to certificateholders that provide service in
that area.
The Office of Program Policy Analysis and Governmental Accountability (OPPAGA) and the
Department of Agriculture and Consumer Services are required to submit certain reports to the
Legislature"
The bill repeals statutes related to a 2003 law increasing basic local telecommunications rates
and reducing rates for intrastate switched network access that affects long distance rates and adds
an automatic enrollment requirement for Lifeline services.
The bill makes conforming changes to the Communications Services Tax (CST) and the use of
rights-of-way statute" The bill repeals the current cable franchising law in s. 166.046, F.S., and
the process for the Public Service Commission to consider petitions for reductions in intrastate
switched network access rates in s. 364.164, F.S.
If approved by the Governor, these provisions take effect upon becoming law.
Vote"' Senate 30-3; House 117-2
HB 537 Relating to Elections
This bill addresses a number of issues relating to elections outlined below:
2001 Session Summarv Page 25
. Presidential Preference Primary: The bill moves the date of the presidential preference
primary to the last Tuesday in January of each year in which a presidential election occurs. In
2008, that date will be January 29,2008"
. Voting Equipment: The bill requires the majority of voters to cast an optical scan, marksense
ballot (paper ballot) instead of voting on touchscreen equipment. Touchscreen voting equipment
will be phased out by 2012, but will be available for the disabled community until that date.
. Audits: The bill requires random audits of the voting machines in 1-2 percent of the precincts
for the first race on the ballot. Audits must be completed by the 7th day following certification of
the election, with a report to the Department of State within 15 days of completion.
. Election Administration: The bill incotporates a number of changes relating to elections that
include moving the primary election from 9 weeks prior to the general election to 10 weeks prior
to the general election, so that it does not occur immediately after a long holiday weekend. It also
moves up the qualifying period by three weeks for state, multicounty district, county, district,
and special district offices. Qualifying would occur in late June of an election year.
. Resign-to-Run: The bill provides an exemption from the resign-to-run law for elected officials
running for federal office"
. Florida Elections Commission: The bill changes the requirements for complaints and the
procedures for their disposition before the Florida Elections Commission. It requires sworn
complaints that are filed with the Commission to be based on personal knowledge of the
complainant. Finally, the bill requires the Commission to maintain a searchable database of all
final orders and agency actions.
. Voter Registration Groups: The bill expands the voter registration Jaw's application to
political parties (previously, they are exempt from the fines imposed for the late submission of
voter registration applications)" It lowers the penalties for late submission of applications and
allows the Department of State to waive penalties due to circumstances beyond the control of
registration organizations.
. Petition Revocation: The bill creates a process whereby a person signing a citizen initiative
petition may later revoke that signature within ]50 days of the date that he or she signed the
petition. The petition revocation form must be submitted to the appropriate supervisor of
elections.
. Funding for New Voting Equipment: The bill authorizes an expenditure ofapproximate]y
$27 .86 million from the Grants and Donations Trust Fund to be used for the purchase of optical
scan voting equipment ($22"86 million) and ballot-on-demand technology, including optical scan
tabulators ($5 million) to replace touchscreen equipment.
]f approved by the Governor, these provisions take effect January], 2008, except as otherwise
provided"
2001 Session Summarv Page 26
. County Commissioners: The bill provides that a county commissioner is deemed "elected" at
the time the election results are certified.
Vote." Senate 37-2," House 118-0
CS/SB 1088 Due Process/Conflict Council
The bill revises the process whereby indigent persons and certain other eligible persons are
provided criminal and civil representation at state expense. The current system uses private
attorneys for criminal cases when a public defender has a conflict of interest, in dependency and
termination of parental rights proceedings, as well as certain other civil proceedings as
authorized by law. The councils were funded this year by the legislature, but there was an
enormous discrepancy between the cost of funding the growmg program in the future. Counties
are responsible for security, technology, and housing of the
. The bill creates five regional offices to handle criminal conflict and dependency cases.
. The Supreme Court Judicial Nominating Commission is to provide to the Governor three
candidates for each of the five regional counsels for appointment.
. The regional offices are administratively housed in the Justice Administrative
Commission.
. When the regional counsel has a conflict of interest, the court will appoint private
counsel.
. The bill defines the regional counsel offices as an element of the state court system and
requires the counties to provide facilities and technology to the regional offices.
. The local indigent services committees are eliminated. Caps for attorney fees for cases
handled by private counsel are continued in statute. The cap for capital cases is raised
from $3,500 to $15,000. All rates will be set each year in the General Appropriations Act.
. When private attorneys believe the state fee is insufficient, the chief judge or designee
must hold a hearing to determine if excess fees are needed" The court is to report to the
Legislature by circuit the number and amount of excess fees.
. The bill has various effective dates. Some provisions, such as those relating to rates paid
to private counsel become effective upon becoming law; the regional counsel is
appointed July 1, 2007 and assumes the duties October I, 2007.
If approved by the Governor, these provisions take effect upon becoming law except as
otherwise provided.
Vote." Senate 39-0; House 119-0
SB 1116 Medicaid Conforming Bill
The bill requires among other items capitated prepaid behavioral health managed care companies
to provide an annual report to the Agency for Health Care Administration that includes the
annual percentage of the capitation expended for behavioral health care services; and eliminates
the requirement that 80 percent of the capitation paid to a prepaid behavioral health managed
care plan be expended for behavioral health services and that the difference be returned to the
~,,- .
2001 Session Summary Page 21
agency if expenditures fall below 80 percent.
SB 1178 Local Business Tax Receipts
The bill revises the date for beginning the annual sale of local business tax receipts from August
I to July I of each year. It also provides a window for municipalities that adopted a local
business tax ordinance after October I, 1995, to reclassify businesses, professions, and
occupations, and to establish new rate structures, before October I, 2008, if certain conditions
are met. This bill also specifically authorizes municipalities and counties to decrease or eliminate
a local business tax.
If approved by the Governor, these provisions take effect July I, 2007"
Vote." Senate 38-0," House 118-0
SB 1372 Agriculture and Consumer Services
The bill addresses a variety of issues relating to the Department of Agriculture and Consumer
Services (department). One of the provisions in the bill relate to creating a taskforce on fireworks
and imposing a moratorium on local ordinances related to fireworks:
. Creates the Consumer Fireworks Task Force, charged with reviewing and
evaluating issues relating to the proper use of fireworks, regulation of temporary
sale facilities for consumer fireworks, zoning classifications for placement of retail
facilities and regulation of hours and location for use of consumer fireworks,
studying funding options for fire official training and education, as well as studying
funding options for clean-up of expended consumer fireworks products.
. A municipality, county, or other unit oflocal government may not adopt an
ordinance, rule, regulation, or other law after March 8, 2007, which directly prohibits
or directly interferes with the safety standards established by state law or the right to
purchase, sell, use, or possess consumer fireworks in this state. However, if the
Legislature enacts legislation to provide for the comprehensive regulation of fire
prevention and safety standards for the use of consumer fireworks to replace this
subsection on or before July I, 2008, this subsection does not prohibit opening any
such facility, permitting any such temporary facility, or adopting any such ordinance
or other law after such legislation is enacted.
CS/SB 1472 - Beach and Shore Preservation
This bill amends the definition of public access for sandy beaches to provide that where the
public has established an accessway through private lands to lands seaward of the mean high tide
or water line by prescription, prescriptive easement, or any other legal means, development or
construction shall not interfere with such right of public access unless a comparable alternative
2001 Session Summarv Page 28
accessway is provided.
The bill allows the Department of Environmental Preservation (DEP) to issue permits for dune
restoration projects that incorporate geotextile containers or similar structures and specifies the
requirements governing the installation of these types of structures.
The bill provides that in any action alleging a taking of all or part of a property or property right
as a result of a beach restoration project, in determining whether such taking has occurred or the
value of any damage alleged with respect to the owner's remaining upland property adjoining the
beach restoration project, the enhancement, if any, in value of the owner's remaining adjoining
property of the upland property owner by reason of the beach restoration project shall be
considered. If a taking is judicially determined to have occurred as a result of a beach restoration
project, the enhancement in value to the owner's remaining adjoining property by reason ofthe
beach restoration project shall be offset against the value of the damage, if any, resulting to such
remaining adjoining property of the upland property owner by reason ofthe beach restoration
project, but such enhancement in the value shall not be offset against the value of the property or
property right alleged to have been taken. If the enhancement in value exceeds the value of the
damage, if any, there shall be no recovery over against the property owner for such excess.
The DEP is directed to develop a sand source inventory which identifies offshore sand sources.
Additionally, county commissions of coastal counties will be required to be notified when there
is a proposal to use adjacent sand sources outside of the region.
If approved by the Governor, these provisions take effect July I, 2007.
Vote." Senate 38-0," House 117-0
HB 1477 Forensic Mental Health
According to experts in both the corrections and mental health fields, persons with mental
illnesses are disproportionately represented in the criminal justice system. Identification and
treatment of persons with serious mental illness who are involved in the criminal justice system
has become a subject of intense scrutiny in Florida and across the country. The cost of this
problem to communities for law enforcement, jails, and human services is enormous.
This bill creates the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant
Program (grant program) for the purpose of providing funding to counties to allow them to plan,
implement, or expand initiatives to address the issues of adults and juveniles who have mental
illness and/or substance abuse disorders and who are in or at risk of entering the criminal justice
system. The sum of $4 million was funded for FY 2007-08 for this program.
The bill directs the Substance Abuse and Mental Health Corporation (SAMH) to create a
statewide grant review committee (review committee), specifies the membership ofthe review
committee, and makes the review committee responsible for recommending to the Department of
Children and Families (DCF) which counties should be approved for grants.
2001 Session Summary Page 29
The bill authorizes counties to apply for one-year planning grants or three-year implementation
or expansion grants, and provides that in order to be eligible to receive a grant, a county must
have a county planning councilor committee which includes specified members. The bill
provides that an applicant county must match the grant with resources in an amount equal to the
grant total, although fiscally-constrained counties may match half of the total grant. The
administrative costs of any county making application for grants may not exceed 10 percent of
the total amount of the grant.
The bill creates a technical assistance center at the Louis de la Parte Florida Mental Health
Institute, establishes a Criminal Justice Mental Health Policy Council within SAMH, and
requires SAMH and the technical assistance center to provide an annual report on certain
specified issues on January I of each year, beginning on January 1,2009.
If approved by the Governor, these provisions take effect upon becoming law.
Voteo' Senate 40-0; House 116-0
CS/HB 1489 - Public Project Construction
The bill provides requirements for the performance and payment bonds that are required for
formal contracts with the state or any county, city, or political subdivision thereof, or other
public authority for the construction of a public building, the prosecution and completion of a
public work, or repairs of a public building or public work. The bill permits a public owner to set
the amount of a payment and performance bond at the largest amount reasonably available if the
contract exceeds $250 million and a bond in the amount of the contract price is not reasonably
available.
The bill provides that, if a public owner does not include the amount ofthe cost of design or
other non-construction services in a construction-management or design-build contract, the bond
may not be conditioned on performance of such services or payment to persons furnishing such
services. It also provides that such a bond may exclude persons furnishing such services from the
classes of persons protected by the bond.
The bill provides that a county, municipality, special district as defined in ch. 189, F.S., or other
political subdivision of the state, may use a construction management entity or program
management entity. The bill amends s. 287.055(9)(c), F.S., relating to the acquisition of
professional services, to clarify that the specified local government entities must award
construction-management and program-management contracts by use of a competitive process
whereby the selected firm will, subsequent to competitive negotiations, establish a guaranteed
maximum price and guaranteed completion date.
If approved by the Governor, these provisions take effect July], 2007.
Vote: Senate 40-0; House 119-0
2001 Session Summarv Page 30
SB 1952 Department of Agriculture and Consumer Services
Among other provisions, the bill creates the 13 member Consumer Fertilizer Task Force within
the department to address the proper use of non-agricultural fertilizers and local regulation
related to such non-agricultural fertilizers. Specifically, the task force is charged to:
Assess existing data and information regarding nutrient enrichment and surface waters due to
fertilizer, assess management strategies for reducing water quality impacts associated with
fertilizer, and identify additional research needs;
Develop statewide guidelines governing nonagricultural fertilizer use rates, formulations, and
applications;
Take public input and testimony concerning these issues;
Recommend methods to ensure local ordinances are based on best available data and science
and to achieve uniformity among local government ordinances where possible, unless local
ordinance variations are necessary to meet mandated state and federal water quality standards;
and
Develop model ordinances for municipalities and counties concerning the use of
nonagricultural fertilizeL
The task force will be staffed by the department and shall consist of three appointments by the
President ofthe Senate, three appointments by the Speaker of the House of Representatives, five
appointment by the Commissioner of Agriculture, one member appointed by the Florida League
of Cities, Inc., and one member appointed by the Florida Association of Counties.
We would like to thank local government officials and administration for their hard work in
lobbying for the removal of the preemption of local governments' ability to pass a fertilizer
ordinance, which was originally contained in the language.
If approved by the Governor, these provisions take effect July I, 2007.
Vote." Senate 39-0; House-1 11-3.
SB 2038 Electronic Property Recording
The bill, titled the Uniform Real Property Electronic Recording Act, starts the process towards
electronic recording of real property documents with county recorders. CS/CS/SB 2038 provides
county recorders the legal authority to prepare for electronic recording of real property
instruments, and authorizes county recorders to begin accepting records in electronic form,
storing electronic records, and setting up systems for searching for and retrieving these land
records. The bill equates electronic documents and electronic signatures to original paper
documents and manual signatures, so that any requirement for originality (paper document or
manual signature) is satisfied by an electronic document and signature.
This bill creates the Electronic Recording Commission" The standards and practices for
electronic recording will be promulgated by rule by the Secretary of State after consultation with
the commission. The commission will be made up of five members appointed by the Florida
Association of Court Clerks and Comptrollers, one attorney appointed by the Florida Bar, two
2007 Session Summarv Page 31
members appointed by the Florida Land Title Association, and one member appointed by the
Florida Bankers Association"
If approved by the Governor, these provisions take effect upon becoming law.
Vote." Senate 39-0; House 117-0
SB 2052 Environmental Protection
This bill implements the recommendations of the Senate Environmental Preservation
Committee's interim report no. 2006-121, Review ofthe Solid Waste Management Act.
The bill makes a number of technical amendments to correct cross-references, delete certain
obsolete provisions and dates from the solid waste management statutes, and address other issues
which have arisen since the last major rewrite of the Solid Waste Management Act. One of the
significant changes this bill makes is listed below:
. Requires that local governments match 25 percent of the grant amount for
certain hazardous waste collection grants; however, if the DEP finds that the project has
statewide applicability and has immediate benefits to other local hazardous waste
collection programs in the state, matching funds are not required. Currently, eligible local
governments may receive up to $50,000 in grant funds for unique and innovative projects
that improve the collection of hazardous waste and lower the incidence of improper
management of conditionally exempt or household waste, provided they match the grant
amount.
If approved by the Governor, these provisions take effect July 1,2007.
Vote"' Senate 37-0," House 117-0
SB 2498 - Hurricane Preparedness and Insurance
This bill makes changes to the Citizens Property Insurance Corporation ("Citizens") law,
prohibits the formation of new Florida domestic residential property insurance subsidiaries and
requires rate filings for all insurance subsidiaries to include parent company profit information.
Specificall y, the bill:
Citizens Property Insurance Corporation ("Citizens'~ [so 627.351(6), F.S.]
. Revises the legislative findings for establishing Citizens, in order to support its tax exempt
status, finding that the absence of affordable property insurance threatens the public health,
safety, and welfare and that the state has a compelling public interest in assuring that property is
insured at affordable rates.
. Prohibits any rate increase in Citizens until January 1,2009" This extends for an additional
year, the current prohibition against a rate increase until January I, 2008. The rates in effect on
December 31, 2006 shall remain in effect for 2007 and 2008 except for any rate change that
results in a lower rate.
. Provides that if a new applicant to Citizens is offered coverage from an insurer at its approved
rate, the applicant is not eligible for a Citizens policy unless the insurer's premium is more than
15 percent greater than the premium for comparable Citizens' coverage. (Current law has a 25
2001 Session Summary Page 32
percent limitation.). Also provides criteria for determining when "comparable coverage" has
been offered and allows an insurance agent to make this initial determination.
. Extends until January 1,2009 (rather than July 1,2008) the ineligibility of coverage in
Citizens for personal lines residential structures that have a dwelling replacement cost of
$1 million or more (except for dwellings insured by Citizens on December 31, 2008, which may
reapply and obtain coverage under certain conditions)"
. Clarifies that the expanded Citizens assessment base (per HB I-A in Special Session) applies
only to deficits incurred after January 25, 2007.
. Permits a policyholder whose coverage with Citizens has been assumed by another insurer to
continue to be eligible for Citizens coverage through the end of the assumption period regardless
of any offer of coverage by the insurer.
. Deletes the requirement that by July 1,2007, an application for new coverage with Citizens is
subject to a 10-day waiting period before coverage is effective.
. Limits the post-employment restrictions on employees of Citizens to senior managers of
Citizens.
. Provides that Citizens may be liable for attorney's fees in an action for breach of contract for
benefits.
. Requires a Citizens employee to notify the Citizens' Office of the Internal Auditor and the
Division of Insurance Fraud of suspected fraud by a Citizens employee.
. Authorizes OIR to establish a pilot program in one or more counties, to allow Citizens to
exclude sinkhole coverage (and offer sinkhole coverage as an option) pursuant to the sinkhole
coverage changes enacted in HB I-A, without being required to give the policyholder a notice of
non-renewal.
. Deletes the requirement that an insurer that writes the ex-wind coverage must contract with
Citizens to adjust the windstorm claims on behalf of Citizens.
Allows for cross-collateralization of assets of the Personal Lines Account and the Commerical
Lines Account for any bonds or other debt for new financing by Citizens, as current law allows
for debt that Citizens inherited in the merger with the old Residential Property and Casualty Joint
Underwriting Association.
. Creates the "Citizens Property Insurance Corporation Mission Review Task Force" to analyze
and compile data for development of a report specifying the statutory and operational changes
needed to return Citizens to its former role as a state created, noncompetitive residual market.
o The Task Force consists of 19 members: the Governor appoints 4 members, of which
2 must be consumer representatives, the President of the Senate appoints 3 members, and the
Speaker of the House of Representatives appoints 3 members. An additional 6 members are
appointed as representatives of private insurance companies, of which 3 are appointed by the
Governor, President, and Speaker, respectively. The Chief Financial Officer appoints 3 members
representing insurance agents.
o The Task Force must submit its report to the Governor, President of the Senate, and Speaker of
the House by January 31, 2008.
o Appropriates $600,000 from the Insurance Regulatory Trust Fund of the Department of
Financial Services (DFS) to the Task Force, which may employ consultants" DFS must provide
administrative support.
2001 Session Summarv Page 33
Prohibition on New Florida Subsidiaries; Profits of Parent Company
. Prohibits a new certificate of authority for the transaction of residential property insurance to
any insurer domiciled in Florida which is a wholly owned subsidiary of an insurer authorized to
do business in any other state. Effective December 31, 2008.
. Requires the rate filings of an insurer domiciled in Florida that is a wholly owned subsidiary of
an insurer authorized to do business in any other state to include information relating to the
profits ofthc parent company. Effective December 31, 2008.
Payment of Claims [so 627.70131, F.S.]
. Revises the requirement for a property insurer to payor deny a claim within 90 days of
receiving notice of a claim to:
o Apply this requirement to residential property insurance claims and to commercial property
claims for structural or contents coverage if the structure is 10,000 sq. f1. or less. However, this
would not apply to a policy covering commercial nonresidential structures or contents in more
than one state"
o Alternatively requires the insurer to pay a "portion of the claim" within the 90-day period.
o Require an insurer to pay interest pursuant to s. 55.03, F.S. (as required for legal judgments) to
a policyholder if the insurer fails to timely pay a claim within 90 days longer exist, whichever is
later.
Florida Hurricane Catastrophe Fund (FHCF) [so 215.555, F.S.]
. Allows any insurer that qualifies as a limited apportionment company ($25 million in surplus or
less) to pnrchase up to $10 million of additional coverage from the FHCF (at a premium of 50
percent of the coverage amount, above a retention of30 percent of the insurer's surplus).
. Exempts medical malpractice insurance from FHCF assessments through May 31, 2010.
. Clarifies the method of determining coverage and premium for insurers purchasing optional
("TEACO") coverage below the insurer's retention for the mandatory FHCF coverage.
. Deletes the June I, 2007 expiration date of the provision that allows Citizens to mutually agree
with the State Board of Administration on how to structure FHCF coverage for policies that
Citizens assumes from an insolvent insurer.
Policy Exclusions and Deductibles [ss. 627.701 and s. 627.712, F.S.]
. Requires an insurer to make available a policy that excludes coverage for windstorm coverage
(rather than hurricane or windstorm coverage), and requires that all property insurers
(commercial and residential) offer this coverage.
. Excludes a tenant's policy from the requirement for an insurer to offer an exclusion of contents
coverage.
. Specifies that the policy exclusions for windstorm or contents coverage may only be
implemented as of the date of a policy's renewal.
. Specifies that a new deductible for residential property insurance may only be implemented as
of the date of the policy's renewal.
Rating Law [ss. 627.062 and 627.0655, F.S.]
. Specifies that the temporary prohibition against making a "use and file" rate filing applies to
property insurance (but not casualty insurance) rate filings and clarifies that it applies to a rate
filing submitted after January 25,2007 (the effective date ofHB I-A).
2001 Session Summarv Page 34
. Prohibits an insurer from recouping in its rates the interest payments the insurer makes for
failure to payor deny a property insurance claim within 90 days as required by statute.
. Clarifies that a multi-line discount may only be offered by an insurer to a consumer that has
purchased another policy from the same insurer or insurer group.
Insurance Capital Build-Up Incentive Program [so 215.5595, F.S.j
. Allows an insurer that exclusively writes manufactured housing to obtain a surplus note of up
to $7 million from the Insurance Capital Build-Up Incentive Program. (Current law allows such
an insurer to have a total amount of surplus, new capital, and surplus note equal to $14 million,
rather than $50 million.)
. Provides that an insurer is considered to be "writing only manufactured housing" if it is:
I) a Florida domiciled insurer that began writing policies after March I, 2007, removes at least
50,000 policies from Citizens without a bonus, and at least 25 percent of its policies cover
manufactured housing; or 2) a Florida domiciled insurer that writes at least 40 percent of its
policies covering manufactured housing in Florida.
. Between insurers writing manufactured housing policies, priority shall be given to the insurer
writing the highest percentage of manufactured housing policies.
Florida Insurance Guaranty Association (FIGA) [ss. 631.52, 631.57, and 631.695, F.S.j
. Specifies that any kind of self-insurance fund, liability pool, or risk management fund is not
covered by FIGA.
. Clarifies that FlGA's authority to levy emergency assessments of2 percent of premium is for
payment of covered claims (not just homeowners claims) of insurers rendered insolvent by the
effects of a hurricane.
. Permits all municipalities and counties in the state to issue bonds to assist FIGA in expediting
the handling and payment of covered claims of insolvent insurers.
Surplus Lines Policies [ss. 626.914, 626.916, and 626.9201, F.S.j
. Requires a retail agent to inform a policyholder that coverage may be available and less
expensive from Citizens before export to the surplus lines insurance markeL The notice must
also include information that Citizens assessments are higher and that Citizens coverage may be
less than the property's existing coverage.
. Requires only one rejection from an authorized insurer, rather than three rejections, in order for
coverage for a $1 million residential structure to be exported to the surplus lines markeL
. If a policyholder pays for a surplus lines insurance policy with a bad check, or fails to maintain
membership in an organization necessary to obtain insurance coverage, the policy may be
cancelled for nonpayment of premiwn" If a bad check is the initial premiwn payment, the policy
is retroactively void unless payment is tendered within the earlier of 5 days after actual notice by
certified mail is received by the applicant, or 15 days after notice is sent to the applicant by
certified or registered mail.
Florida Building Code; Internal Pressure Option
. Retains the internal design (pressure) options in the Florida Building Code (as an option to
opening protections in the wind-borne debris region) until June I, 2007, for a building permit
application made prior to that date. This applies retroactively to January 25, 2007, the effective
2001 Session Summarv Page 35
date ofHB I-A that repealed this option, and applies to any action taken on a building permit
affected by that act.
Other Provisions
. Applies the $50 million surplus requirement to a domestic residential property insurer if it is a
subsidiary of an insurer domiciled (rather than "doing business") in another state.
. Provides that the annual report card for insurers prepared by the Consumer Advocate regarding
consumer complaints and the time it takes to pay claims applies to personal residential property
insurers, rather than all property insurers, and requires the report to include the number of
consumer complaints "as a market share ratio."
. Provides that 100 days' notice of non-renewal is required, rather than June 1, if earlier, for a
nonrenewal effective during hurricane season, if the policy is being non-renewed for the sole
purpose ofrevising the coverage for sinkhole losses; or if the policy is nonrenewed by Citizens
for a policy assumed by an insurer that offers replacement or renewal coverage.
. Transfers and amends s. 627.7277(4), F$., to s. 627.4133(7), F.S., to place in the proper
section the requirement of HB I-A that each residential property insurance renewal premium
specify the amounts recouped for assessments, the dollar amount of a premium increase that is
due to an approved rate increase, and the total dollar amount of increase due to coverage
changes. The bill applies this to residential property policies and specifies that the amount ofthe
increase for coverage changes need only specify the total dollar amount due to all coverage
changes. It also is limited to identifying the amount of an "approved" rate increase which is
intended to not require identification of a rate increase that is due, for example, to the home
being one year older or such other rating change that was in a rate schedule that was not affected
by a rate filing approved since the prior renewaL
. Creates the Florida Catastrophic Storm Risk Management Center at Florida State
University, to promote and disseminate research on issues related to hurricane catastrophe loss
and to assist in developing education and research grant funding opportunities. (The General
Appropriations Act appropriates $1 million for this center.)
If approved by the Governor, these provisions take effect upon becoming law, except as
otherwise provided.
Vote." Senate 38-0; House 106-10
SB 2836 Florida Building Commission
The bill contains provisions related to the Florida Building Commission (commission). In
particular, the bill requires the commission to:
. Review requirements in the National Electric Code relating to bonding and grounding systems
for swimming pools and to authorize the use of alternative methods for bonding and grounding if
appropriate.
. Approve amendments to the Florida Building Code (code) to address changes in federal or state
laws"
. Determine and document the following before eliminating gravel or stone roofing systems from
the code: ifthere is a scientific basis or reason for eliminating the systems, if there is an available
alternative that is equal in cost and durability to gravel or stone roofing systems, if elimination
2001 Session Summarv Page 36
will unnecessarily restrict or eliminate business or consumer choices in roofing systems, and in
consultation with the Fish and Wildlife Conservation Commission, if eliminating the systems
will negatively affect the nesting habits of any species of nesting birds. The commission can
adopt provisions to preserve the use of such systems in future editions ofthe code if necessary to
address the results determined in regard to the above issues"
. Review modification relating to existing warehouses which have been reviewed by the
commission's technical advisory committee. The commission is to take public comment on the
modifications, including: the necessity, the effect on the health, safety, and welfare of Florida
residents, and the continuing need for any Florida-specific requirement of the code that the
modifications seek to repeaL The commission is authorized to adopt or modify the modifications
in response to public comment received subject only to the rule adoption requirements of
Ch. 120, F"S.
. Issue formal interpretations of the Florida Building Code upon written application of any
substantially affected person, a citizen, contractor, or designer, or a group representing a
substantially affected person, citizen, contractor, or designer. This is a clarification of existing
law.
. Review the Florida Energy Code for new building construction to evaluate the effectiveness of
energy-efficient requirements, and report back to the Legislature by March I, 2008. The
commission is to consult with the Florida Energy Commission, the Building Officials
Association of Florida, the Florida Energy Office, the Florida Home Builders Association, the
Florida Association of Counties, the Florida League of Cities, and other stakeholders in
conducting this review.
The bill amends the private provider statute to streamline the inspection process and address
provisions pertaining to the use of private providers of building code inspection services" Also,
the bill establishes a process whereby a "deficiency notice" is to be posted when a non-
confirming item is found.
The bill implements recommendations of the workgroup reviewing the Product Approval
validation process in response to 2005 legislation. Specifically, it provides that the commission
may adopt by rule a schedule of penalties to be imposed against approved validation entities that
validate product applications in violation ofthe product approval and evaluation statute or rule"
In addition, the bill creates the Florida Building Code Compliance and Mitigation
Program within the Department of Community Affairs (DCA) to replace the Building Education
and Outreach Program. Materials and services for the mitigation program will be provided by a
private, nonprofit corporation under a four year contract with DCA. An appropriation of $1
million is provided to implement and administer this provision.
The bill revises requirements relating to certified firesafety inspectors, establishes grounds under
which a fire safety inspector's license may be suspended or revoked, provides for a provisional
permit program for inspectors of certain fire systems, and revises continuing education
requirements for certificateholders and permitholders.
2001 Session Summarv Page 31
The bill extends the time frame for a newly employed person or hired person to perform the
duties of a plan examiner or building code inspector. This time frame is extended from 90 days
to 120 days under certain circumstances and under the authority of the appropriate supervisor.
Effective date contingent on certain conditions"
Vote: Senate 39-0; House 113-0
HB 7123 Relating to Energy
The legislation addresses alternative energy and energy efficiency measures by: encouraging the
production and sale of alternative fuels; providing energy efficiency standards in government
buildings; requiring the development of greenhouse gas inventories; incentivizing the use of
solar energy; developing sustainable alternatives that promote environmental health; and
establishing a Green Schools Pilot Program in three school districts"
Specifically, the bill:
. Creates an Energy Policy Governance Task Force for the purpose ofrecommending a unified,
coordinated statewide approach to address a state energy policy, including energy conservation
and research, development, and the deployment of alternative and renewable energy technology.
The task force will be composed of the following members:
C Two members appointed by the Governor;
C Two members appointed by the President of the Senate;
o Two members appointed by the Speaker of the House of Representatives;
o The Commissioner of Agriculture or a designee;
o The Secretary of the Department of Environmental Protection or a designee;
o A vice-president for research designated by the Cotlllcil of Vice-Presidents for State
University Research;
C The Chair of the Florida Energy Commission or a designee;
o The Chair of the Florida Public Service Commission or a designee; and
o The Public Counsel.
The bill requires a report to be submitted to the Governor, President of the Senate, and Speaker
of the House of Representatives no later than February I, 2008. Provides a renewable energy
source exemption on real property in which solar energy is installed and operated. Such
exemption shall only apply on devices installed after July I, 2007"
. Provides for transferability of a renewable energy technologies investment tax credit from any
corporation subject to the transferor providing a written transfer statement providing notice to the
Department of Revenue.
. Provides for a "renewable energy production credit" for the producer of electricity when such
use of the electricity decreases the amount of electricity that would otherwise be purchased by
the producer. Provides that the taxpayer's use ofthe renewable energy production credit shall not
reduce the amount of the alternative minimum tax credit pursuant to s. 220.186, F"S.
2001 Session Summary Page 38
. Requires buildings constructed and financed by the state to be designed and constructed to meet
a green building rating system (Leadership in Energy and Environmental Design [LEED], Green
Building Initiative's Green Globes or a nationally recognized, high-performance green building
rating system).
. Requires each state agency to compile an inventory of all state-owned buildings that it
determines are suitable for a guaranteed energy performance savings contract. By March I, 2008,
the Department of Management Services is required to evaluate each agency's facilities suitable
for energy conservation projects and develop an energy efficiency project schedule which must
provide the deadline for guaranteed energy performance savings contract improvements to be
made to the state-owned buildings.
. Extends the maximum period of time allowed for repayment of funds drawn for energy
conservation measures pursuant to the master equipment financing agreement from 10 to 20
years.
. Revises the rebate eligibility and application requirements for solar photovoltaic systems.
Provides for solar rebate preapplication and notification within 30 days of receipt of the
preapplication and provides for reservation of funds for the preapplication for up to 90 days
following the date of notification. Within 90 days after the purchase of the solar photovoltaic
system, the applicant must submit to the Department of Revenue a separate application for a
rebate payment.
. Requires the Department of Environmental Protection to develop greenhouse gas inventories
that account for arumal greenhouse gases emitted to and removed from the atmosphere, and
forecast gases emitted and removed. The inventory must also include emissions which are
considered carbon neutral through the use of renewable energy.
. Revises provisions under the Power Plant Siting Act and the Transmission Line
Siting Act that are considered technical corrections for administrative purposes.
. Clarifies the guaranteed energy performance savings contracting provisions to allow the
Department of Management Services and the Chief Financial Officer greater authority to review
and approve contracts for state agencies that produce an energy related cost savings or minimize
energy consumption"
. Establishes the Farm-to-Fuel Grants Program within the Department of Agriculture and
Consumer Services (DACS) to provide renewable energy matching grants for demonstration,
commercialization, research, and development projects relating to bioenergy projects. Requires
the DACS to consult with and solicit input from the Department of Environmental Protection.
Additionally, for the technical feasibility of grant applications, the bill requires DACS to consult
with persons having expertise in renewable energy technologies, and for the economic feasibility
of grant applications, the bill requires DACS to consult with the Office of Tourism, Trade, and
Economic Development.
. Subject to future appropriations, provides incentives for the retail sale and production of
biodiesel and ethanol fuels for the purpose of encouraging the sale ofbiofuels in the state and
replacing petroleum consumption and to encourage the development and expansion of facilities
that produce biofuels in the state from crops, agricultural waste and residues, and other biomass
produced in Florida.
. Requires the Florida Building Commission to convene a workgroup to develop a model
residential energy efficiency ordinance that provides incentives to meet energy efficiency
standards. The bill requires the commission to provide a report to the Legislature with a
developed ordinance by March I, 2008. Additionally, the bill requires the Florida Building
2001 Session Summarv Page 39
Commission and stakeholders to review the Florida Energy Code for Building Construction and
revisit the analysis of cost-effectiveness that serves as the basis for energy efficiency levels for
residential buildings, identify cost-effective means to improve energy-efficiencies in commercial
buildings, and compare the code to the International Energy Conservation Code and the
American Society of Heating Air-Conditioning and Refrigeration Engineers Standards 90.1 and
90.2. A report with a standard that may be adopted for the construction of all new residential,
commercial, and government buildings is due to the Legislature by March 1,2008.
. Requires the Florida Building Commission and stakeholders to develop and implement a public
awareness campaign that promotes energy efficiency and the benefits of building green by
January 1,2008. The campaign must include, among other things, enhancement of an existing
web site pertaining to green building practices, the promotion of various energy-efficient
products through existing trade shows, and must include strategies for utilizing print advertising,
press releases, and television advertising to promote voluntary utilization of green building
practices.
. Requires all county, municipal, and public community college buildings to meet a green
building rating system as approved by the Department of Management
Services (Leadership in Energy and Environmental Design [LEED], Green Building
Initiative's Green Globes or a nationally recognized, high-performance green building rating
system). The bill declares that there is an important state interest in promoting the construction of
energy-efficient and sustainable buildings.
. Establishes minimum standards (subject to availability) for diesel fuel purchases for use by
state-owned diesel vehicles and equipment to include biodiesel fuel (B20) for fuel purchases for
use by state-owned flex-fuel vehicles to include ethanol purchase requirements. Such standards
shall include a minimum of: five percent by July 1,2008; 10 percent by January I, 2009; and 20
percent by January I, 2010.
. Requires that by January I, 2008, a minimum of 20 percent of total diesel fuel purchases for
use by school districts be biodiesel fuel (B20), subject to availability.
. Creates within the Executive Office of the Governor the Florida Energy, Aerospace, and
Technology (F.E.A.T) Fund to encourage a state partnership with entities to identify business
and investment opportunities in the areas of alternative energy development and aerospace
industry expansion.
. Provides for the construction of a multifaceted research and demonstration cellulosic ethanol
plant designed to conduct research and to demonstrate the commercialization of cellulose-to-
ethanol technology. Such plant shall be operated as a satellite facility by the Institute of Food and
Agricultural Sciences (IF AS) at the University of Florida" The bill provides the university with
the right to use and the right to retain derived revenues subject to the continuing approval of the
Legislature.
. Requires the Florida Public Service Commission to conduct separate studies and hold public
hearings on issues relating to Renewable Portfolio Standards and net metering and requires
reports to the President of the Senate and Speaker of the House by January 1,2008 and February
1,2008, respectively. Requires the Public Service Commission to submit a report to the
Legislature by February 28, 2008, that provides a detailed description of the methods used to
evaluate the conservation goals, plans, and programs of utilities subject to the Florida Energy
Efficiency and Conservation Act.
. Requires the Department of Agriculture and Consumer Services to conduct a study in
conjunction with the Department of Environmental Protection and Enterprise Florida, Inc., to
2001 Session Summary Page 40
recommend an appropriate Florida Loan Guarantee Program for cellulosic ethanol facilities"
Requires a report to the Legislature no later than January I, 2008.
. Requires the Department of Community Affairs to convene a workgroup to study energy
conservation standards for products that consume electricity, such as residential pool pumps,
pool heaters, spas, and commercial and residential appliances" Requires a report no later than
March 1,2008"
. Establishes a Green Schools Pilot Project to construct three complete schools that meet LEED
silver-level or Green two-globes certification standards. Three school districts, varying in size,
shall be selected by January I, 2008, to participate in the pilot project.
. Additional energy issues funded in the General Appropriations Act that are not included in
CS/HB 7123 include:
C $12.5 million to the Department of Environmental Protection to administer the
Renewable Energy Technologies Grants Program; and
D $250,000 to the Department of Environmental Protection to develop a public awareness
campaign to promote energy education and the public dissemination of information on energy
and its environmental, economic, and social impact.
If approved by the Governor, these provisions take effect upon becoming law.
Vote: Senate 40-0; House 115-0
CS/HB 7057 - Hurricane Damage Mitigation
During the 2006 Regular Session, the Legislature created the Florida Comprehensive Hurricane
Damage Mitigation Program and appropriated $250 million to provide financial incentives to
encourage residential property owners in Florida to retrofit their properties, making them less
vulnerable to hurricane damage and helping decrease the cost of residential property and casualty
insurance. The program provides free home inspections and matching grants of up to $5,000 for
home mitigation and is administered by the Department of Financial Services (DFS). The bill
makes changes to the program and the Florida Building Code, and contains other issues related
to hurricane damage mitigation.
My Safe Florida Home Program {so 215.5586, F.S.j
. The name of the program is changed from the Florida Comprehensive Hurricane Damage
Mitigation Program to the My Safe Florida Home Program (MSFH).
. Legislative intent is provided that the MSFH program provide at least 400,000 inspections and
at least 35,000 grants by June 30, 2009.
. The bill clarifies that free home inspections are available statewide, but limits the inspections to
site-built, single-family residential property.
. The amount of matching grants (and non-matching grants for low-income homeowners) are
maintained at a maximum of$5,000, but grants are limited as follows:
o Grants may only be used for opening protections (such as shutters); exterior doors, and to brace
gable ends (and are no longer available for roof upgrades). The DFS may require that all
openings be protected as a condition of approving a grant, under certain conditions.
o The property must be homestead property with an insured value of $300,000 or less
2001 Session Summary Page 41
(rather than $500,000), located in the "wind-borne debris region," and built prior to
March 1,2002. The "wind-borne debris" region is the where the Florida Building
Code requires new homes to have opening protections (shutters, etco) and is where sustained
winds of 120 mph or greater are likely to occur.
. The DFS must establish objective, reasonable criteria for prioritizing grant applications.
. The bill allows hurricane mitigation inspector training to be on line or in person and allows a
hurricane mitigation inspector to also be the mitigation contractor if the inspector is otherwise
qualified and certified.
The bill requires that an application for an inspection must contain a signed or electronically
verified statement made under penalty of peIjury that the applicant has submitted only a single
application for that home.
. The DFS is authorized to contract with third parties for grants management, inspection
services, educational outreach, and auditing services. Contracts valued at $500,000 or more shall
be subject to review and approval by the Legislative Budget Commission.
. DFS shall transfer $40 million from funds appropriated to the MSFH program, including up to
5 percent for administrative costs, to Volunteer Florida Foundation, Inc. (VFF), for provision of
inspections and grants to low-income homeowners. VFF must report its activities and account for
state funds on a quarterly and annual basis.
. In making matching fund grants available to local governments and nonprofit entities for
projects that will reduce hurricane damage to single-family residential property, the DFS must
liberally construe such requirements in favor of availing the state of the opportunity to leverage
program funding with other sources offunding.
. The DFS may use up to $10 million from the funds appropriated for the MSFH to develop a no
interest loan program by December 31,2007, to encourage the private sector to provide loans for
mitigation measures. The DFS shall pay the interest on the
loans which may be for a term of up to 3 years and cover up to $5,000 in mitigation measures.
. The DFS is directed to make an annual report by February 1 of each year on the activities of the
program that shall account for the use of state funds.
. The DFS must transfer $1 million from the funds appropriated to the MSFH program to the
Low-income Emergency Home Repair Program. Administrative expenses may not exceed 5
percent ($50,000) of the funds appropriatedo
Florida Building Code: Roof Replacements and Adding Opening Protections [so 553.844, F.S.]
The bill requires the Florida Building Commission to develop and adopt within the Florida
Building Code standards for mitigation techniques for site-built, single-family-residential
structures constructed prior to the implementation of the Florida Building Code, including gable
end bracing, secondary water barriers for roofs, roof-to-wall connections, roof-decking
attachments, and opening protections.
The Florida Building Commission must adopt rules by October 1, 2007, to take immediate effect
(to apply to building permits applied for on or after that date) to require that a roof replacement
incorporate a secondary water barrier and strengthening the roof decking attachments. For
single-family residential structures located in the wind-borne debris region that have an insured
2001 Session Summarv Page 42
value of$300,000 or more, a roof replacement must also incorporate cost-effective
improvements of roof- to-wall connections as determined by the Florida Building Commission,
under the standard that such improvements add no more than 15 percent to the cost of the
reroofing. These rules shall be incorporated into the next edition of the Florida Building Code.
Any construction activity that requires a building permit after July I 2008, and for which the
estimated cost is $50,000 or more must include opening protections (shutters, etc.) as required
for new buildings if the building has an insured value of $750,000 or more and is located in the
wind-borne debris region.
Eligibility for Coverage in Citizens Property Insurance Corporation [so 627.351(6), F.S.]
Effective January I, 2009, a home (personal lines residential structure) with an insured value of
$750,000 or more that is located in the wind-borne debris region is not eligible for coverage from
Citizens Property Insurance Corporation unless it has opening protections as required for new
construction. A home complies with this requirement if it has opening protections on all
openings and complied with the Florida Building Code at the time they were installed.
Contractor Continuing Education {so 489.115, F.S.]
The bill adds, for applicable licensure categories, wind mitigation methodologies to contractor
continuing education requirements.
Wind-loss Mitigation Study
The bill provides that it is the intent ofthe Legislature that scientifically valid and actuarially
sound windstorm mitigation rate factors, premium discounts, and differentials be provided to
residential and commercial property insurance policyholders" In order to ensure the validity of
such factors, the Office ofInsurance Regulation, in consultation with the Department of
Community Affairs and the Florida Building Commission, is directed to conduct one or more
wind-loss mitigation studies for both residential property (including mobile homes and
condominiums) and commercial non-residential property. The studies related to residential
property shall be completed by January 1,2008 and the studies related to commercial
nomesidential property shall be completed by March I, 2008.
The General Appropriations Act contains an appropriation of $1.5 million to the Office of
Insurance Regulation to conduct these studies.
If approved by the Governor, these provisions take effect upon becoming law.
Vote: Senate 39-0; House 90-28
, Bill summaries in this section provided by Senate & House Staff
2001 Session Summary Page 43
0IiI07!07
21018,58
FLORIDA LEGISLATURE - REGULAR SESSION - 2007
LEGISLATIVE INFORlVIATION
STATISTICS REPORT AS OF 05/07/07
BY BILL TYPE
SENATE BIllS FILED PASSED PASSED BOTH
SENATE CHAMBERS
CONCURRENT RESOLUTIONS 4 1 1
RESOLUTIONs:ONE CHAMBER) 19 73 0
GENERAL BILLS 1356 212 156
LOCAL BILLS 53 12 11
JOINT RESOLUTIONS 41 2 1
:MEMORlA!-I; -'! --" --"
TOTALS 1542 :104 173*
HOUSE BILLS FILED PASSED PASSEDBOm
HOUSE CHAl\omERS
CONCURRENT RESOLUTIONS 4 2 2
RESOLUTIONSONE CHAMBER) 11 6'7 0
GENERAL BILLS 801 201 120
LOCAL BILLS 81 52 50
JOINT RESOLUTIONS 25 2 0
MEMORIALS 8 2 0
TOTALS 996 326 172*
CONCURRENT RESOLUI'IONS
RESOLUTIONSONE CHAMBER)
GENERAL BILLS
LOCAL BILLS
JOINT RESOLUTIONS
MEMORIAlS
TOTALS
8
150
2163
134
""
--1l
2538
PASSED FIRST
CHAl\IBER
3
140
413
64
4
~
"'0
PASSED BOTH
GHAl\itBERS
3
o
276
61
1
---.i
345'
SENATE AND HOUSE BILLS
FILED
Southwest Florida Consortium
2007 LeQislative Priorities
I. Propertv Tax Reform -Support FAC Position/Oppose unrestricted
portabilitv
The Officers of the Florida Association of Counties (F AC), Florida School
Boards Association (FSBA), and the Florida League of Cities (FLC)
acknowledge the need for comprehensive reform of Florida's property tax
structure. As an overriding goal of reforming Florida's Property Tax
Structure, the FAC, FSBA and FLC SUPPORT solutions that improve
equity and fairness among classes oftaxpayers as well as individual
taxpayers" SUPPORT reasonable limits on the rate of property assessment
increases and OPPOSE caps on local government expenditureslrevenues and
modifications to the Property Tax Structure that erode the existing tax base.
(FAC message may be refined to accommodate new legislative proposals
including replacing property tax on homesteaded properties with sales tax)
II. Transportation Fundinl!
A. Gas Tax Indexinl!
The state, over 12 years ago, authorized that the state motor fuel tax be
annually indexed to the Consumer Price Index (CPI) to allow the purchasing
power of the tax to be maintained as costs increased over time. However,
they did not provide for the same indexing of the Local Option Gas Taxes
imposed by the Counties. As such, the buying power of the Local tax has
decreased as costs have increased. As Counties struggle to find new revenue
sources and fend off unfunded State mandates it has become imperative that
Counties have every revenue resource available"
B. Support Mandatory Statewide Seatbelt law
C. Provide More State Funds for State Hil!:hways and Arterial Roads
III. Support Red Lil!:ht runninl!: study - Cameras at intersections
IV . Support Additional Fundinl!: for Red Tide/Red Drift AIl!:ae (HB 535
- Lake Okeechobee and Estuary Protection Act) and SUPPORT State's
proposed Fertilizer Rules
V. Affordable Housinl!: - Lift the Cap on the Sadowski Fund
Lel!:islation to Closely Monitor
. Growth Management Glitch bill (SB 360)
. Election of Water Management Governing Board Members (Collier/Lee)
. Construction Manager at Risk (Cape Coral) Legislation change to limit
the amount of payment and performance bonds required to that amount
not covered by Surety bonds provided by the construction subcontractors.
Eliminates the need for the City to purchase two levels of payment and
performance bonds to cover the same work.
. Support changes in the law that Provide Sales Tax exemptions for certain
vendors producing services for municipalities (Cape Coral)
. Eminent Domain/Attorney's Fee's (Collier) Opposes a County being
charged exorbitant attorney's fees in eminent domain cases that are not
proportionate to the services provided.
Southwest Florida Consortium
2007 Legislative Priorities
Property Tax Reform - Oppose unrestricted portability/Support F AC
Position
The Officers of the Florida Association of Counties (FAC), Florida School Boards
Association (FSBA), and the Florida League of Cities (FLC) acknowledge the need for
comprehensive reform of Florida's property tax structure. As an overriding goal of
reforming Florida's Property Tax Structure, the FAC, FSBA and FLC SUPPORT
solutions that improve equity and fairness among classes of taxpayers as well as
individual taxpayers. SUPPORT reasonable limits on the rate of property assessment
increases and OPPOSE caps on local government expenditures/revenues and
modifications to the Property Tax Structure that erode the existing tax base as set forth in
House PBC-l Property Tax Reliefand HB 7001 Relating to Ad Valorem Tax Millage.
Please see page 6Ior Property Tax summary.
Gas Tax Indexinl!:
The state, over 12 years ago, authorized that the state motor fuel tax be annually indexed
to the Consumer Price Index (CPl) to allow the purchasing power of the tax to be
maintained as costs increased over time. However, they did not provide for the same
indexing ofthe Local Option Gas Taxes imposed by the Counties" As such, the buying
power of the Local tax has decreascd as costs have increased" As Counties struggle to
find new revenue sources and fend off unfunded Statc mandates it has become imperative
that Counties have every revenue resource availablc"
SB 510 by Sen. Bennett and HB 527 by Rep. Reagan were introduced for the 2007
session. However, the bills died in committee during the property tax reform discussion.
Support Red Li!!:ht runnin!!: study - Cameras at intersections
SB 2558 by Sen. Bennett by and HB 1247 by Rep. Reagan create the Mark Wandall
Traffic Safety Act. The bills authorize local governments to enact ordinances which
establish electronic photo detection devises at specified intersections for the purpose of
automatic detection of red light violators.
The bills died in committee, as the legislature was focused on reducing local government
revenues this year putting municipalities and counties in a defensive posture"
Support Mandatorv Statewide SeatbeIt law
Currently, the "Florida Safety Belt Law" is enforced as a secondary offense for operators
and passengers 18 and older; that is, law enforcement officers cannot stop motorists 18
and older solely for not using safety belts. It is a primary offense to operate a motor
vehiclc in this state unless each passenger and the operator of the vehicle under the age of
18 are restrained by a safety belt or by a child restraint device.
HB 27 by Rep. Glorioso and SB 484 by Sen. Rich were introduced but both bills died
in committee. Plea,~e ,~ee page 17 for details.
Support Additional Fundin!!: for Red Tide/Red Drift Al!!:ae (HB 535-
Lake Okeechobee and Estuary Protection Act) and SUPPORT State's
proposed Fertilizer Rules
$4 million was included in the state budget passed this session for Red Tide Research
(Line item 2168).
SB 1952 Agriculture and Consumer Services passed the legislature, which included the
fertilizer task force language. We worked at length with FAC, and local elected officials
and administration to remove the fertilizer ordinance preemption, but the task force
language was passed" The task force includes a representative from the Florida League
of Cities and the Florida Association of Counties.
SB 392 Watershed Restoration by Senator Saunders/Representative Williams was a
major piece oflegislation which echoed the Governor's proposal to put significant
monetary resources into the Caloosahatchee and St. Lucie Rivcr water basins for cleanup,
monitoring, and restoration of related water bodies.
Please see page 30for details SB 1952 and page 22 for SB 392.
Lel!islation to Closely Monitor
. Growth Management Glitch bill (SB 360)
Please see page 7 for details of HB 7203 Growth Management
. Election of Water Management Governing Board Members (Collier/Lee)
Nothing passed this year regarding election ofWMD members.
Please page 17{or more details.
. Construction Manager at Risk (Cape Coral) Legislation change to limit the amount
of payment and performance bonds required to that amount not covered by Surety
bonds provided by the construction subcontractors. Eliminates the need for the City
to purchase two levels of payment and performance bonds to cover the same work.
HB 1489 Public Construction Bonds by Representative Aubuchon was passed by the
legislature this year. Please page 29 for details of the bill.
. Support changes in the law that Provide Sales Tax exemptions for certain vendors
producing services for municipalities (Cape Coral)
No bills containing sales tax exemptions for vendors producing services for
municipalities passed the legislature this year.
. Eminent Domain/Attorney's Fees (Collier) Opposes a County being charged
exorbitant attorney's fees in eminent domain cases that are not proportionate to the
services provided"
No action was taken this year on attorney's fees in eminent domain cases.
Co1W:r County
- - --
- ~ - -
Analysis of HB 1375
Affordable Housing
Marcy Krumbine, Director
Housing and Human Services
1. Section l-AmendingF"S.163.3177
h. Each county that has a gap between the buying power of a family offour (up to
140 percent of the median income) and the median sales price that exceeds
$170,000 shall adopt a plan for ensuring affordable workforce housing. At a
minimum the plan shall identify adequate sites for such housing.
NOTE: 140 percent of median income for family of four - Collier County-
$97,720
Their "affordable" priced home - $293,160
Median sales price (NABOR 1st quarter of2007) $399,512 - NO GAP
CURRENTL Y
However, given the history of the housing price.~ in Collier and the likelihood of
a rebound of the market, Collier County should expect to be a county where a
gap exists. The statute doe.~ not identifY which median sales price number to
use (annual, quarterly, monthly). The Shimberg Institute does calculate an
annual median sales price for counties and their data is at least a year behind.
Local data appears to be inconsistent.
i. Failure to comply by July 2008 -lose SHIP funding of $2.9 million until we
comply with the above requirement.
2. To assist in the assessment - The state land planning agency will conduct an
affordable housing needs assessments for local jurisdictions and local governments will
use their data for their needs assessment. Local governments have the option to use their
own needs assessmettt. This is not a change in the statute.
3. Section 2 - Amending F.S. 163.3180
Subsection (J 7) added to section 163.3180 - concurrency - Affordable workforce
housing units located by employment centers - exempt from transportation concurrency.
This language mirrors the language in the EDC housing incentives. The statute says:
"may identify an employment center or centers"" "close to affordable housing units... . all
affordable workforce housing units are exempt from transportation concurrency."
Recommend transportation review and comment.
4. Section 3, 4, 5
Discuss all the planning amendments and expedited reviews.
5. Section 6
Deferrals for ad valorem taxes for properties that qualify as affordable rental property"
The BCC MAY adopt an ordinance and authorize deferral of ad valorem and non-ad
valorem taxes.
. May specify percentages
. May require a specific location
. May be in a CRA
. Linked to period of affordability
This section provides a tool for local governments to utilize if they so choose. This
language is similar to the language in the EDC Housing Incentives. The Tax Collector
and Property Appraiser should review this language in detail.
Included ~ Penalties for non-compliance, application process, kinds of properties that
qualify.
6. Section 7 - Deals with surplus of state-owned lands. The only changes apply to
Miami-Dade.
7. Section 8 - Amends FS 380"06 - Developments of Regional Impact This gives a
three-year extension to DRI's under construction as of July 1,2007.
8. Section 9 - Amends FS 380.0651 Statewide guidelines and standards for DRJ's
undergoing reviews.
k" Allows for a developer to sell a unit that was previously marketed to a lower income
qualified class for six months and unable to close the sale to a qualified buyer, to a person
who earns less than 120 percent of the area median income" The purchase price must not
be any greater than what was originally marketed to a lower income category" Exempt
from this provision ~ DRI's that were approved under FS 380.06 19 (7) which increased
units by 50 percent and 15 pcrcent of the units were dedicated to affordable workforce
housing and includes resale provisions to ensure affordability.
Please note that some projects may get funding from our grant programs that specifY
income eligibility for at or below 80 percent of the median income. Any DRI's that
may come forth in the next two years should be closely monitored and the language
protecting the County programs including density bonus and grants be properly
protected.
9. Section 10, 11, 12, 13 - Deals with the establishment of the Florida Finance
Corporation and their programs. No significant changes there.
10. Section 15 - CWHIP - Community Workforce Housing Innovation Pilot Program
5.- Establishes their loan application process and review committee that includes private
citizens.
_ Includes a procedure for curing errors in applications (a number of applications lost out
last year) so this is a good addition.
_ Loan committee can still approve or reject applications due to insufficiency of
information provided.
_ Review committee recommends funding to the board of directors who makes the
decision on participation and loan amount.
6. - Local governments are authorized to use SHIP funds for families whose income does
not exceed 140 percent of median and up to 150 percent in areas of critical state concern"
This is a departure. SHIP guidelines were just increased to include 120 percent of the
median income. SH1P requires local governments meet requirements for very low and
low income percentages. However, this change in legislation is allowing the SHIP
allocation to be considered a "match" for the local government.
8. - The local jurisdiction has adopted, or is committed to adopting, appropriate
regulatory incentives, or the local jurisdiction or public-private partnership has adopted or
is committed to adopting, local contributions or financial strategies.
This is expected to become more ofa regulation and less of a suggestion as years go by.
They want the local government to demon.~trate how they have contributed to the
affordable housing strategies. Right now, all of Collier County's monies are from
SHIP. The County can perhaps capitalize on our partnership with the Collier County
Loan Consortium and our educationallprequalijication outreach. We also need to
make sure that any CWHIP applications note that we do impact fee deferrals and not
waivers. We have our bonus density program and our fast tracking. We can mention
our partnership with the Collier County Housing Development Corp.
1 L - CWHIP Application
C - Must demonstrate that they are a public/private partnership with an agreement,
contract, MOU, etc.
o - Contributions from the public-private partnership have been decreased from 15 to 10
percent of the total development cost.
We could donate some of our surplus land to a CWHIP project.
12. Section 19 -Adoption of affordable housing incentive strategies, committees
2 - II members
. Must increase our affordable housing commission by two
. Must add one citizen who represents employers within the county
. Must add one citizen who represents essential service personnel
4 - Every three years review the established policies and procedures, including
recommendations to amend the comp plan and submit a report to the BCe.
Strategies outlined include: flexibility in density, moderate income persons, flexible lot
configurations, support of development near transportation hubs.
5 - The approval by the advisory committee of its local housing incentive strategies must
take place at a public hearing.
6 - 90 days after receipt of the local housing incentive strategies recommendations from
the advisory committee, the Bee shall adopt an amendment to its local housing
assistance plan to incorporate the local housing incentive strategies. The local
government must consider the strategies outlined in Section 4 above.
It appears that the BCC must consider the strategies recommended by the Affordable
Hou.~ing Commission. They have required strategie.~ in FS 420.9071 (/6) "Local
housing incentive strategies" means local regulatory reform or incentive programs to
encourage or facilitate affordable housing production, which include at a minimum,
assurance that permits as defined in s. 163.3 J 64(7) and (8) for affordable housing
projects are expedited to a greater degree than other projects; an ongoing process for
review oflocal policies, ordinances, regulations, and plan provisions that increase the
cost of housing prior to their adoption; and a schedule for implementing the incentive
strategies. Local housing incentive strategies may also include other regulatory reforms,
such as those enumerated in s. 120.9076 and adopted by the local governing body"
The County already conducts expedited review. We should look at how ordinances and
new policies increase the cost of housing and we need to create a schedule for
implementing incentive strategies. The other strategies listed in 420.9076 are qualified
with a "may" instead of a must.
CS/HB'J375 - Affordable Housing
Page J of6
110'"
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Home >>BiIIs )) Selected Bill Detail
CS/HB 1375 - Affordable Housing
GENERAL BILL by Economic Expansion & Infrastructure Council and Davis, M. {CO-SPON~
Brandenburg; Brise; Bucher; Bullard; Coley; Cretul; Fields; Fitzgerald; Gibbons; Glorioso; Grant;
Kravitz; Kreegel; Nehr; Patterson; Porth; Proctor; Richter; Sands; Saunders; Soto; Taylor; Thorn
Thompson, N.; Vana; Weatherford; Williams
Affordable Housing: Requires certain counties to adopt plan for ensuring affordable workforce ~
local government to adopt amendments to local comprehensive plan in order to integrate port me
comprehensive plan; requires Board of Trustees of Internal Improvement Trust Fund to convey CE
authorizes certain public housing authorities to create self-insurance fund, etc.
Effective Date: July 1, 2007.
Last Event: Message sent to senate on Thursday, May 03, 20078: 12 PM
Referred Committees and Committee Actions:
Committee on Infrastructure
On agenda for: 03/19/072:00 PM Notice
Favorable With Amendments (1) (final action) See Votes
On agenda for: 03/20/075:00 PM Notice
Economic Expansion & Infrastructure Council
On agenda for: 04/12/078:00 AM Notice
Favorable With Council Substitute (final action) See Votes
Related Bills:
Bill #
Subject
Affordable Housing for the Elderly
Transportation
Insurance
Comprehensive Planning
Affordable Housing [RPCC]
Comprehensive Planning [RPCC]
Affordable Housing/Ad Valorem Taxes [RPCC]
Affordable Housing/Elderly [RPCC]
Affordable Housing [RPCC]
R.
HB 625
C5/C5/HB 985
HB 7077
HB 7203
C5/C5/C5/5B 780
C5/SB 800
5B 1466
C5/5B 1626
56 2292
Co
Co
Co
Co
Co
Co
Co
Co
Co
Bill Text:
Enrolled
Engrossed 3
Engrossed 4
D 790464
Date Filed: 05/01/07, Page#: a,
Line#: 0
Date Filed: 05/01/07, Page#: 2,
Line#: 16
Senate: Replaced by Engros
05/02/07
Replaced by Engros
Senate: 05/02/07
AA 175344
http://www .myfl ori dahouse" gov /Secti ons/B ills/bi JIsdetail "aspx? Billld= 364 79 &
5/15/2007
CS/HB 1375 - Affordable Housing
Page 20f6
AA 961376 Date Filed: 05/01/07, Page#: 2, Senate: Replaced by Engros
Line#: 19 05/02/07
AA 060694 Date Filed: 05/02/07, Page#: 3, Senate: Withdrawn 05/02/0
Line#: 21
AA 695228 Date Filed: 05/02/07, Page#: 3, Senate: Replaced by Engros
Line#: 21 05/02/07
AA 344370 Date Filed: 05/01/07, Page#: 5, Senate: Replaced by Engros
line#: 1 05/02/07
AA 313690 Date Filed: 05/01/07, Page#: 5, Senate: Withdrawn 05/01/0
Line#: 12
AA 043758 Date Filed: 05/01/07, Page#: 8, Senate: Replaced by Engros
Line#: 4 05/02/07
AA 623972 Date Filed: 05/01/07, Page#: 15, Senate: Replaced by Engros
line#: 20 05/02/07
AA 234730 Date Filed: 05/01/07, Page#: 16, Senate: Replaced by Engros
Line#: 22 05/02/07
AA 584664 Date Filed: 05/01/07, Page#: 16, Senate: Replaced by Engros
Line#: 22 05/02/07
AA 342516 Date Filed: 05/01/07, Page#: 25, Senate: Replaced by Engros
Line#: 13 05/02/07
AA 571462 Date Filed: 05/01/07, Page#: 27, Senate: Replaced by Engros
Line#: 31 05/02/07
AA963212 Date Filed: 05/01/07, Page#: 36, Senate: Replaced by Engros
Une#: 22 05/02/07
D 722114 Date Filed: 05/02/07, Page#: 0, Senate: Adopted 05/02/07
Une#: 0
House: Concur 05/03/07
Engross.e.cl.1
A 086489 (late), Date Filed: 04/30/07, Page#: 0, House: Adopted 04/30/07
Davis, M. Une#: 294
A 023633 (late), Date Filed: 04/30/07, Page#: 0, House: Withdrawn 04/30/0
Taylor Une#: 1686
Committee Substitute 1
A 470519, Davis, M. Date Filed: 04/26/07, Page#: 0, House: Adopted 04/27/07
Une#: 207
A 244553, Attkisson Date Filed: 04/26/07, Page#: 0, House: Withdrawn 04/27/0
Une#: 402
A 933693 (late), Date Filed: 04/27/07, Page#: 0, House: Adopted 04/27/07
Saunders Une#: 402
A 225681, Davis, M. Date Filed: 04/26/07, Page#: 0, House: Adopted 04/27/07
Une#: 521
A 280975, Davis, M. Date Filed: 04/26/07, Page#: 0, House: Adopted 04/27/07
Une#: 524
A 265691 (late), Date Filed: 04/27/07, Page#: 0, House: Adopted 04/27/07
Rivera Une#: 555
A 948479, Davis, M. Date Filed: 04/26/07, Page#: 0, House: Adopted 04/27/07
Une#: 687
A 597453 (late), Date Filed: 04/27/07, Page#: 0, House: Adopted 04/27/07
Gelber Une#: 818
A 297793, Davis, M. Date Filed: 04/26/07, Page#: 0, House: Adopted 04/27/07
Une#: 1182
A 773101, Rivera Date Filed: 04/26/07, Page#: 0, House: Adopted 04/27/07
Une#: 1255
Qriginal Filed Version
Staff Analysis:
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?Sillld= 3 64 79&
5/15/2007
CS/HB 1375 - Affordable Housing
Page 3 of6
Chamber
House
House
House
House
Committee
PoliCy & ~udget COl,inc;il4j27/2007 6:013.:02 PM
Economic ExpqnsiQn & Infrastructure Cpunc1l4/17/2,007 6.:03::20.PM
Committee on Infrastructure 3/20/2007 7: 10:01 PM
Committee on Infrastructure 3/16/2007 8:24:02 PM
Vote History:
Chamber Date
Yeas Nays Actions
Barcode
House
Senate
House
04/30/200704:01 PM 119 0
05/02/200710:56 AM 39 0
05/03/2007 10:39 AM 119 0
Passage VQ:tE!:.[$.E!.qp- ,3,:1..71
Vote [S"q# 3]
Passage Vote [Seq# 455]
Bill History:
Event
Message sent to senate
Ordered engrossed, then enrolled
CS passed as amended; YEAS 119, NAYS 0
Amendment 722114 Concur
Concurred
Added to Senate Message List
In Messages
05/02/07 5 CS passed as amended
(790464, 695228, 623972, 584664,
043758); YEAS 39 NAYS 0 "SJ 00789
05/02/07 5 Amendment(s) reconsidered,
adopted, as amended -5J 00788
05/02/07 S Read 3rd time -SJ 00787
05/01/075 Amendment(s) adopted
(963212,961376, 790464, 571462,
344370, 342516, 234730, 175344) -SJ
00747
05/01/075 Read 2nd time ~5J 00747
05/01/07 S Substituted for CS/CS/CS/SB
780 -SJ 00747
05/01/075 Withdrawn from Community
Affairs; Finance and Tax; Transportation
and Economic Development Appropriations
-SJ 00746
04/30/07 5 Received, referred to
Time
Member Commi
Thursday, May 03, 2007
8: 12 PM
Thursday, May 03,2007
10:40 AM
Thursday, May 03, 2007
10:39 AM
Thursday, May 03, 2007
10: 38 AM
Thursday, May 03, 2007
10:38AM
Thursday, May 03,2007
9: 25 AM
Wednesday, May 02,
2007 t:56 PM
Wednesday, May 02,
2007 10:56 AM
Wednesday, May 02,
200710:56 AM
Wednesday, May 02,
2007 10:52 AM
Tuesday, May 01, 2007
11:58 AM
Tuesday, May 01, 2007
11:56 AM
Tuesday, May 01, 2007
11:56 AM
Tuesday, May 01, 2007
11:56 AM
http://www.myfloridahouse"gov/Sections/Billslbillsdetail.aspx?Bi llId=364 79&
5/15/2007
tS/HB'1375 - Affordable Housing
Community Affairs; Finance and Tax;
Transportation and Economic Development
Appropriations -5J 00734
04/30/07 5 In Messages
Message sent to senate
CS passed as amended; YEAS 119, NAYS 0
Passage on third reading
Amendment 023633 withdrawn
Amendment 085489 adopted
Read 3rd time
Amendment 023633 filed late
Amendment 086489 filed late
Added to Third Reading Calendar
Amendment 773101 adopted
Amendment 297793 adopted
Amendment 597453 adopted
Amendment 948479 adopted
Amendment 265691 adopted
Amendment 280975 adopted
Amendment 225681 adopted
Amendment 933693 adopted
Amendment 244553 withdrawn
Amendment 470519 adopted
Read 2nd time
Amendment 265691 filed late
Amendment 933693 filed late
Monday, April 3D, 2007
7:42 PM
Monday, April 3D, 2007
5: 04 PM
Monday, April 3D, 2007
4: 58 PM
Monday, April 30, 2007
4:01 PM
Monday, April 3D, 2007
4:01 PM
Monday, April 3D, 2007
4:01 PM
Monday, April 3D, 2007
4:00 PM
Monday, April 3D, 2007
3: 59 PM
Monday, April 3D, 2007
2:40 PM
Monday, April 3D, 2007
2: 28 PM
Friday, April 27, 2007
3:27 PM
Friday, April 27, 2007
3:27 PM
Friday, April 27, 2007
3:26 PM
Friday, April 27, 2007
3:25 PM
Friday, April 27, 2007
3: 24 PM
Friday, April 27, 2007
3: 22 PM
Friday, April 27, 2007
3:22 PM
Friday, April 27, 2007
3:21 PM
Friday, April 27, 2007
3: 20 PM
Friday, April 27, 2007
3:t9 PM
Friday, April 27, 2007
3:18 PM
Friday, April 27, 2007
3: 14 PM
Friday, April 27, 2007
2: 59 PM
Friday, April 27, 2007
2: 23 PM
http://www.myfloridahouse.gov/Sections/Billslbillsdetail.aspx'?Billld=364 79&
Page 40f6
5/15/2007
tS/HB'1375 - Affordable Housing
Amendment 597453 fjled late
Friday, April 27, 2007
to:58AM
Amendment 297793 filed
Thursday, April 26, 2007
7:34 PM
Amendment 948479 filed
Thursday, April 26, 2007
7: 34 PM
Amendment 280975 filed
Thursday, April 26, 2007
7: 33 PM
Amendment 225681 filed
Thursday, April 26, 2007
7:33 PM
Amendment 470519 filed
Thursday, April 26, 2007
7:33 PM
Amendment 244553 filed
Thursday, April 26, 2007
7: 26 PM
Amendment 773101 filed
Thursday, April 26, 2007
7: 13 PM
Bill added to Special Order Calendar
(4/27/2007)
Thursday, April 26, 2007
6:2t PM
Added to Second Reading Calendar
Thursday, April 26, 2007
4: 57 PM
Bill released to House Calendar
Thursday, April 26, 2007
4:57 PM
Bill withdrawn from Policy & Budget
Council
Thursday, April 26, 2007
4:49 PM
Now in Policy & Budget Council
Thursday, April 19, 2007
3: 28 PM
Referred to Policy & Budget Council
Thursday, April 19, 2007
3:28 PM
1st Reading
Tuesday, April 17, 2007
(1:59 PM
CS Filed
Tuesday, April 17, 2007
5: 58 PM
Laid on Table under Rule 7.19
Tuesday, April 17, 2007
5: 58 PM
Reported out of Economic Expansion & Tuesday, April 17, 2007
Infrastructure Council 5:57 PM
Favorable with CS by Economic Expansion Thursday, April 12, 2007
& Infrastructure Council 10:00 AM
Added to Economic Expansion & Tuesday, April 10, 2007
Infrastructure Council agenda 4: 22 PM
Now in Economic Expansion & Tuesday, March 20, 2007
Infrastructure Council 7: 14 PM
Reported out of Committee on Tuesday, March 20, 2007
Infrastructure 7: 14 PM
Favorable with 1 amendments by Monday, March 19, 2007
Committee on Infrastructure 5:00 PM
Added to Committee on Infrastructure Friday, March 16, 2007
agenda 4:28 PM
http://www "m yflori dahouse. go V /Secti ons/B i 11 s/billsdetail.aspx? B illI d= 3 6479&
Page 5 of6
Policy &
Policy &
PoliCY &
Econom
Infrastrl
Econom
Infrastr'
Econom
Infrastr
Econom
Infrastr;
Commit
Infrastn
Commit
Infrastn
Commit
Infrastr'
5115/2007
CS/HB 1375 - Affordable Housing
Page 60f6
Added to Committee on Infrastructure
agenda
Thursday, March 15,
20074:27 PM
Commit
Infrastn
Now in Committee on Infrastructure
Monday, March 12, 2007
6:50 PM
Commit
Infrastrl
Referred to Committee on Infrastructure
by Economic Expansion & Infrastructure
Council
Monday, March 12, 2007
6: 50 PM
Commit
Infrastn
Now in Economic Expansion &
Infrastructure Council
Sunday, March 11, 2007
2:01 PM
Econom
Infrastr,
Referred to Policy & Budget Council
Sunday, March 11, 2007
2:01 PM
PoliCY &
Referred to Economic Expansion &
Infrastructure Council
Sunday, March 11, 2007
2:01 PM
Econom
Infrastrl
1st Reading
Tuesday, March 06, 2007
11:59 PM
Filed
Friday, March 02, 2007
5:21 PM
Davis,
M.
Statutes Referenced by th is 8i11
163.3177
163.3180
163.3187
193.018
193.0185
196.1978
420.504
420.506
420.5061
420.507
420.5095
420.606
420.9076
163.31771
163.3184
380.06
420.5096
420.526
1001.64
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http://www "m yfloridaho use. gov /Sections/Bi l! sibil! sdetai I. aspx? B i llId= 364 79 &
5/15/2007
F LOR
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2007 Legislature
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A bill to be entitled
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An act relating to affordable housing; amending s.
163.3177, F.S., relating to the housing element of a local
government comprehensive plan; requiring certain counties
to adopt a plan for ensuring affordable workforce housing;
providing that a local government that fails to comply
with such requirement is ineligible to receive state
housing assistance grants; amending s. 163.3180, F.S.;
providing an exemption from transportation concurrency for
certain workforce housing units; amending s. 163.3184,
F.S.; authorizing certain local government comprehensive
plan amendments to be expedited; providing requirements
for amendment notices; requiring a public hearing;
amending s. 163.3187, F.S.; authorizing certain local
government comprehensive plan amendments to be made more
than twice a year; amending s. 163.3191, F.S.; authorizing
a local government to adopt amendments to the local
comprehensive plan in order to integrate a port master
plan with the local comprehensive plan; providing a
limitation; creating ss. 197.307, 197.3071, 197.3072,
197.3073, 197.3074, 197.3075, 197.3076, 197.3077,
197.3078, and 197.3079, F.S.; authorizing a county
commission or municipality to adopt an ordinance providing
for the deferral of ad valorem taxes and non-ad valorem
assessments for affordable rental housing property under
certain conditions; requiring the tax collector to provide
certain notices to taxpayers about deferrals; providing
specifications for such ordinances; providing eligibility
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requirements; authorizing a property owner to defer
payment of ad valorem taxes and certain assessments;
providing circumstances in which taxes and assessments may
not be deferred; specifying the rate for deferment;
providing that the taxes, assessments, and interest
deferred constitute a prior lien on the property;
providing an application process; providing notice
requirements for applications that are not approved for
deferment; providing an appeals process; requiring
applications for deferral to contain a list of outstanding
liens; providing the date for calculating taxes due and
payable; requiring that a property owner furnish proof of
certain insurance coverage under certain conditions;
requiring the tax collector and the property owner to
notify the property appraiser of parcels for which taxes
and assessments have been deferred; requiring the property
appraiser to notify the tax collector of changes in
ownership or use of tax-deferred properties; providing
requirements for tax certificates for deferred payment;
providing the rate of interest; providing circumstances in
which deferrals cease; requiring the property appraiser to
notify the tax collector of deferrals that have ceased;
requiring the tax collector to collect taxes, assessments
and interest due; requiring the tax collector to notify
the property owner of due taxes on tax-deferred property
under certain conditions; requiring the tax collector to
sell a tax certificate under certain circumstances;
specifying persons who may pay deferred taxes, assessments
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and accrued interest; requiring the tax collector to
maintain a record of payment and to distribute payments;
providing for construction of provisions authorizing the
deferments; providing penalties; amending s. 253.0341,
F.B., requiring the Board of Trustees of the Internal
Improvement Trust Fund to convey certain property;
restricting the use of property to be conveyed; providing
a consideration for conveyance; amending s. 380.06, F.B.;
providing that all phase, buildout, and expiration dates
for projects that are developments of regional impact and
under active construction on a specified date are extended
for 3 years; providing an exemption from further
development-of-regional-impact review; amending s.
380.0651, F.B.; revising certain developments of regional
impact statewide guidelines and standards; amending s.
420.504, F.B.; providing that the corporation is a state
agency for purposes of the state allocation pool;
authorizing the corporation to provide notice of internal
review committee meetings by publication on an Internet
website; providing that the corporation is not governed by
certain provisions relating to corporations not for
profit; amending s. 420.506, F.B.; deleting a provision
relating to lease of certain state employees; amending s.
420.5061, F.B.; deleting obsolete provisions; removing a
provision requiring all assets and liabilities and rights
and obligations of the Florida Housing Finance Agency to
be transferred to the corporation; providing that the
corporation is the legal successor to the agency; removing
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a provision requiring all state property in use by the
agency to be transferred to and become the property of the
corporation; amending s. 420.507, F.S.; requiring that an
agreement financing affordable housing be recorded in the
official records of the county where the real property is
located; providing that such agreement is a state land use
regulation; amending s. 420.5087, F.S.; authorizing the
Florida Housing Finance Corporation to provide partially
forgivable loans to nonprofit organizations that serve
extremely-low-income elderly tenants; providing criteria;
amending s. 420.5095, F.S.; specifying the content of
rules for reviewing loan applications for workforce
housing projects; requiring the corporation to establish a
committee for reviewing loan applications; providing for
membership; providing powers and duties of the committee;
requiring the corporation's board of directors to make the
final decisions concerning ranking and program
participants; specifying areas where local governments may
use program funds; expanding the types of projects that
may receive priority funding; requiring that the
processing of certain approvals of development orders or
development permits be expedited; providing loan applicant
requirements; revising reporting requirements; amending s.
420.511, F.S.; requiring that the corporation's annual
report include information on the Community Workforce
Housing Innovation Pilot Program; amending s. 420.513,
F.S.; providing exemption from taxes for certain
instruments issued in connection with the financing of
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2007 Legislalure
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certain housing; amending s. 420.526, F.S.; revising the
cap on predevelopment loans; amending s. 420.9076, F.S.;
increasing affordable housing advisory committee
membership; revising membership criteria; authorizing the
use of fewer members under certain circumstances; revising
and providing duties of the advisory committee; creating
s. 624.46226, F.S.; authorizing certain public housing
authorities to create a self-insurance fund; exempting
such public housing authorities that create a self-
insurance fund from certain assessments; providing an
effective date.
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125 Be It Enacted by the Legislature of the State of Florida:
.- 126
127
Section 1. paragraph (f) of subsection (6) of section
128 163.3177, Florida Statutes, is amended to read:
129
163.3177 Required and optional elements of comprehensive
130 plan; studies and surveys.--
131
(6)
In addition to the requirements of subsections (1)-(5)
132 and (12), the comprehensive plan shall include the following
133 elements:
134
(f)l. A housing element consisting of standards, plans,
135 and principles to be followed in:
136
a. The provision of housing for all current and
137 anticipated future residents of the jurisdiction.
138
139
b. The elimination of substandard dwelling conditions.
c. The structural and aesthetic improvement of existing
140 housing.
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141 d. The provision of adequate sites for future housing,
142 including affordable workforce housing as defined in s.
143 380.0651(3)(j), housing for low-income, very low-income, and
144 moderate-income families, mobile homes, and group home
145 facilities and foster care facilities, with supporting
146 infrastructure and public facilities.
147 e. provision for relocation housing and identification of
148 historically significant and other housing for purposes of
149 conservation, rehabilitation, or replacement.
150 f. The formulation of housing implementation programs"
151 g" The creation or preservation of affordable housing to
152 minimize the need for additional local services and avoid the
153 concentration of affordable housing units only in specific areas
154 of the jurisdiction.
155 h. By July 1, 2008, each county in which the gap between
156 the buying power of a family of four and the median county home
157 sale price exceeds $170,000, as determined by the Florida
158 Housing Finance Corporation, and which is not designated as an
159 area of critical state concern shall adopt a plan for ensuring
160 affordable workforce housing. At a minimum, the plan shall
161 identify adequate sites for such housing. For purposes of this
162 sub-subparagraph, the term "workforce housing" means housing
163 that is affordable to natural persons or families whose total
164 household income does not exceed 140 percent of the area median
165 income, adjusted for household size.
166 i. Failure by a local government to comply with the
167 requirement in sub-subparagraph h. will result in the local
168 government being ineligible to receive any state housing
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2007 Legislature
169 assistance grants until the requirement of sub-subparagraph h.
170 is met.
171
172 The goals, objectives, and policies of the housing element must
173 be based on the data and analysis prepared on housing needs,
174 including the affordable housing needs assessment. State and
175 federal housing plans prepared on behalf of the local government
176 must be consistent with the goals, objectives, and policies of
177 the housing element. Local governments are encouraged to
178 utilize job training, job creation, and economic solutions to
179 address a portion of their affordable housing concerns.
180
2. To assist local governments in housing data collection
181 and analysis and assure uniform and consistent information
182 regarding the state's housing needs, the state land planning
183 agency shall conduct an affordable housing needs assessment for
184 all local jurisdictions on a schedule that coordinates the
185 implementation of the needs assessment with the evaluation and
186 appraisal reports required by s. 163.3191. Each local
187 government shall utilize the data and analysis from the needs
188 assessment as one basis for the housing element of its local
189 comprehensive plan. The agency shall allow a local government
190 the option to perform its own needs assessment, if it uses the
191 methodology established by the agency by rule.
192
Section 2. Subsection (17) is added to section 163.3180,
193 Florida Statutes, to read:
194
195
163.3180 Concurrency.--
(17) A local government and the developer of affordable
196 workforce housing units developed in accordance with s.
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2007 Legislature
197 380.06(19) or s. 380.0651(3) may identify an employment center
198 or centers in close proximity to the affordable workforce
199 housing units. If at least 50 percent of the units are occupied
200 by an employee or employees of an identified employment center
201 or centers, all of the affordable workforce housing units are
202 exempt from transportation concurrency requirements and the
203 local government may not reduce any transportation trip-
204 generation entitlements of an approved development-of-regional-
205 impact development order. As used in this subsection, the term
206 "close proximity" means 5 miles from the nearest point of the
207 development of regional impact to the nearest point of the
208 employment center and the term "employment center" means a place
209 of employment that employs at least 25 or more full-time
210 employees.
211 Section 3" Subsection (19) is added to section 163.3184,
212 Florida Statutes, to read:
213 163.3184 Process for adoption of comprehensive plan or
214 plan amendment. --
215 (19) Any local government that identifies in its
216 comprehensive plan the types of housing developments and
217 conditions for which it will consider plan amendments that are
218 consistent with the local housing incentive strategies
219 identified in s. 420.9076 and authorized by the local
220 government, may expedite consideration of such plan amendments.
221 At least 30 days prior to adopting a plan amendment pursuant to
222 this subsection, the local government shall notify the state
223 land planning agency of its intent to adopt such an amendment,
224 and the notice shall include the local government's evaluation
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2007 Legislature
225 of site suitability and availability of facilities and services.
226 A plan amendment considered under this subsection shall require
227 only a single public hearing before the local governing body,
228 which shall be a plan amendment adoption hearing as described in
229 subsection (7). The public notice of the hearing required under
230 subparagraph (15) (b)2. must include a statement that the local
231 government intends to use the expedited adoption process
232 authorized under this subsection. The state land planning agency
233 shall issue its notice of intent required under subsection (8)
234 within 30 days after determining that the amendment package is
235 complete. Any further proceedings shall be governed by
236 subsections (9) through (16).
237 Section 4. Paragraph (p) is added to subsection (1) of
-~38 section 163.3187, Florida Statutes, to read:
239 163.3187 Amendment of adopted comprehensive plan.--
240 (1) Amendments to comprehensive plans adopted pursuant to
241 this part may be made not more than two times during any
242 calendar year, except:
243
(p) Any local government comprehensive plan amendment that
244 is consistent with the local housing incentive strategies
245 identified in s. 420.9076 and authorized by the local
246 government.
247
Section 5. Subsection (14) is added to section 163.3191,
248 Florida Statutes, to read:
249 163.3191 Evaluation and appraisal of comprehensive plan.--
250 (14) The requirement of subsection (10) prohibiting a
251 local government from adopting amendments to the local
252 comprehensive plan until the evaluation and appraisal report
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2007 Legislature
update amendments have been adopted and transmitted to the state
land planning agency does not apply to a plan amendment proposed
for adoption by the appropriate local government as defined in
s. 163.3178(2) (k) in order to integrate a port comprehensive
master plan with the coastal management element of the local
comprehensive plan as required by s. 163.3178(2) (k) if the port
comprehensive master plan or the proposed plan amendment does
not cause or contribute to the failure of the local government
to comply with the requirements of the evaluation and appraisal
report.
Section 6. Sections 197.307, 197.3071, 197.3072, 197.3073,
197.3074, 197.3075, 197.3076, 197.3077, 197.3078, and 197.3079,
Florida Statutes, are created to read:
197.307 Deferrals for ad valorem taxes and non-ad valorem
assessments on affordable rental housing property.--
(1) A board of county commissioners or the governing
authority of a municipality may adopt an ordinance to allow for
ad valorem tax deferrals on affordable rental housing if the
271 owners are engaging in the operation, rehabilitation, or
272 renovation of such properties in accordance with the guidelines
273 provided in part VI of chapter 420.
274 (2) The board of county commissioners or the governing
275 authority of a municipality may also, by ordinance, authorize
276 the deferral of non-ad valorem assessments, as defined in s.
277 197.3632, on affordable rental housing.
278 (3) The ordinance must designate the percentage or amount
279 of the deferral and the type and location of affordable rental
280 housing property for which a deferral may be granted. The
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281 ordinance may also require the property to be located within a
282 particular geographic area or areas of the county or
283 municipality.
284 (4) The ordinance must specify that the deferral applies
285 only to taxes and assessments levied by the unit of government
286 granting the deferral. However, a deferral may not be granted
287 for taxes or non-ad valorem assessments levied for the payment
288 of bonds or for taxes authorized by a vote of the electors
289 pursuant to s. 9(b) or s. 12, Art. VII of the State
290 Constitution.
291 (5) The ordinance must specify that any deferral granted
292 remains in effect for the period for which it is granted
293 regardless of any change in the authority of the county or
294 municipality to grant the deferral. In order to retain the
295 deferral, however, the use and ownership of the property as
296 affordable rental housing must be maintained over the period for
297 which the deferral is granted.
298 (6) If an application for tax deferral is granted on
299 property that is located in a community redevelopment area as
300 defined in s. 163.340:
301 (a) The amount of taxes eligible for deferral must be
302 reduced, as provided for in paragraph (b), if:
303 1. The community redevelopment agency has previously
304 issued instruments of indebtedness which are secured by
305 increment revenues on deposit in the community redevelopment
306 trust fund; and
307
2. The instruments of indebtedness are associated with the
308 real property applying for the deferral.
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309
(b) The tax deferral does not apply to an amount of taxes
310 equal to the amount that must be deposited into the community
311 redevelopment trust fund by the entity granting the deferral
312 based upon the taxable value of the property upon which the
313 deferral is being granted. Once all instruments of indebtedness
314 that existed at the time the deferral was originally granted are
315 no longer outstanding or have otherwise been defeased, this
316 paragraph no longer applies.
317
(c) If a portion of the taxes on a property are not
318 eligible for deferral as provided under paragraph (b), the
319 community redevelopment agency shall notify the property owner
320 and the tax collector 1 year before the debt instruments that
321 prevented such taxes from being deferred are no longer
.- 322 outstanding or otherwise defeased.
323
(d) The tax collector shall notify a community
324 redevelopment agency of any tax deferral that has been granted
325 on property located within the agency's community redevelopment
326 area.
327
(e) Issuance of debt obligation after the date a deferral
328 has been granted does not reduce the amount of taxes eligible
329 for deferral.
330
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(7) The tax collector shall notify:
(a) The taxpayer of each parcel appearing on the real
332 property assessment roll of the law allowing the deferral of
333 taxes, non-ad valorem assessments, and interest under ss.
334 197.307-197.3079. Such notice shall be printed on the back of
335 envelopes used to mail the notice of taxes as provided under s.
336 197.322(3). Such notice shall read:
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NOTICE TO TAXPAYERS OWNING
AFFORDABLE RENTAL HOUSING PROPERTY
341
If your property meets certain conditions you may
qualify for a deferred tax payment plan on your
affordable rental housing property. An application
to determine your eligibility is available in the
county tax collector's office.
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(b) On or before November 1 of each year, the tax
348 collector shall notify each taxpayer for whom a tax deferral has
349 been previously granted of the accumulated sum of deferred
350 taxes, non-ad valorem assessments, and interest outstanding.
351
197.3071 Eligibility for tax deferral.--The tax deferral
352 authorized by this section is applicable only on a prorata basis
353 to the ad valorem taxes levied on residential units within a
354 property which meet the following conditions:
355
(1) Units for which the monthly rent along with taxes,
356 insurance, and utilities does not exceed 30 percent of the
357 median adjusted gross annual income as defined in s. 420.0004
358 for the households described in subsection (2).
359
(2) Units that are occupied by extremely-low-income
360 persons, very-low-income persons, low-income persons, or
361 moderate-income persons as these terms are defined in s.
362 420.0004.
363
197.3072 Deferral for affordable rental housing
364 properties. --
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365 (1) Any property owner in a jurisdiction that has adopted
366 an ad valorem tax-deferral ordinance or a deferral of non-ad
367 valorem assessments ordinance pursuant to s. 197.307 and who
368 owns an eligible affordable rental housing property as described
369 in s. 197.3071 may apply for a deferral of payment by filing an
370 annual application for deferral with the county tax collector on
371 or before January 31 following the year in which the taxes and
372 non-ad valorem assessments are assessed. The property owner has
373 the burden to affirmatively demonstrate compliance with the
374 requirements of this section.
375 (2) Approval by the tax collector defers that portion of
376 the combined total of ad valorem taxes and any non-ad valorem
377 assessments plus interest that are authorized to be deferred by
378 an ordinance enacted pursuant to s. 197.307.
379 (3) Deferral may not be granted if:
380 (a) The total amount of deferred taxes, non-ad valorem
381 assessments, and interest plus the total amount of all other
382 unsatisfied liens on the property exceeds 85 percent of the
383 assessed value of the property; or
384 (b) The primary financing on the affordable rental housing
385 property is for an amount that exceeds 70 percent of the
386 assessed value of the property.
387
(4)
The amount of taxes deferred, non-ad valorem
388 assessments, and interest shall accrue interest at a rate equal
389 to the annually compounded rate of 3 percent plus the Consumer
390 Price Index for All Urban Consumers; however, the interest rate
391 may not exceed 9.5 percent.
392
( 5)
The deferred taxes, non-ad valorem assessments, and
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393 interest constitute a prior lien on the affordable rental
394 housing property and shall attach as of the date and in the same
395 manner and be collected as other liens for taxes as provided for
396 under this chapter, but such deferred taxes, non-ad valorem
397 assessments, and interest are due, payable, and delinquent as
398 provided in ss. 197.307-197.3079.
399 197.3073 Deferral application.--
400 (I) The application for a deferral of ad valorem taxes and
401 non-ad valorem assessments must be made annually upon a form
402 prescribed by the department and furnished by the county tax
403 collector. The application form must be signed under oath by the
404 property owner applying for the deferral before an officer
405 authorized by the state to administer oaths. The application
-406 form must provide notice to the property owner of the manner in
407 which interest is computed. The application form must contain an
408 explanation of the conditions to be met for approval of the
409 deferral and the conditions under which deferred taxes, non-ad
410 valorem assessments, and interest become due, payable, and
411 delinquent. Each application must clearly state that all
412 deferrals pursuant to this section constitute a lien on the
413 property for which the deferral is granted. The tax collector
414 may require the property owner to submit any other evidence and
415 documentation considered necessary by the tax collector in
416 reviewing the application.
417
(2) The tax collector shall consider and render his or her
418 findings, determinations, and decision on each annual
419 application for a deferral for affordable rental housing within
420 45 days after the date the application is filed. The tax
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collector shall exercise reasonable discretion based upon
applicable information available under this section. The
determinations and findings of the tax collector are not quasi
judicial and are subject exclusively to review by the value
adjustment board as provided by this section. A tax collector
who finds that a property owner is entitled to the deferral
shall approve the application and file the application in the
permanent records.
(a) A tax collector who finds that a property owner is not
entitled to the deferral shall send a notice of disapproval
within 45 days after the date the application is filed, giving
reasons for the disapproval. The notice must be sent by personal
delivery or registered mail to the mailing address given by the
property owner in the manner in which the original notice was
served upon the property owner and must be filed among the
permanent records of the tax collector's office. The original
notice of disapproval sent to the property owner shall advise
the property owner of the right to appeal the decision of the
tax collector to the value adjustment board and provide the
procedures for filing an appeal.
(b) An appeal by the property owner of the decision of the
tax collector to deny the deferral must be submitted to the
value adjustment board on a form prescribed by the department
and furnished by the tax collector. The appeal must be filed
with the value adjustment board within 20 days after the
applicant's receipt of the notice of disapproval, and the board
must approve or disapprove the appeal within 30 days after
receipt of the appeal. The value adjustment board shall review
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449 the application and the evidence presented to the tax collector
450 upon which the property owner based a claim for deferral and, at
451 the election of the property owner, shall hear the property
452 owner in person, or by agent on the property owner's behalf,
453 concerning his or her right to the deferral. The value
454 adjustment board shall reverse the decision of the tax collector
455 and grant a deferral to the property owner if, in its judgment,
456 the property owner is entitled to the deferral or shall affirm
457 the decision of the tax collector. Action by the value
458 adjustment board is final unless the property owner or tax
459 collector or other lienholder, within 15 days after the date of
460 disapproval of the application by the board, files for a de novo
461 proceeding for a declaratory judgment or other appropriate
--462 proceeding in the circuit court of the county in which the
463 property is located.
464
(3) Each application for deferral must contain a list of,
465 and the current value of, all outstanding liens on the property
466 for which a deferral is requested.
467
(4) For approved applications, the date the deferral
468 application is received by the tax collector shall be the date
469 used in calculating taxes due and payable at the expiration of
470 the tax deferral net of discounts for early payment.
471
(5)
If proof has not been furnished with a prior
472 application, each property owner shall furnish proof of fire and
473 extended coverage insurance in an amount that is in excess of
474 the sum of all outstanding liens including a lien for the
475 deferred taxes, non-ad valorem assessments, and interest with a
476 loss payable clause to the county tax collector.
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(6) The tax collector shall notify the property appraiser
478 in writing of those parcels for which taxes or assessments have
479 been deferred.
480
(7) The property appraiser shall promptly notify the tax
481 collector of changes in ownership or use of properties that have
482 been granted a deferral.
483
t8l The property owner shall promptly notify the tax
484 collector of changes in ownership or use of properties that have
485 been granted tax deferrals.
486
487
488
489
.. 490
491
492
493
494
495
197.3074 Deferred payment tax certificates.--
(1) The tax collector shall notify each local governing
body of the amount of taxes and non-ad valorem assessments
deferred which would otherwise have been collected for the
governing body. The tax collector shall, at the time of the tax
certificate sale held under s. 197.432 strike each ~ertificate
off to the county. Certificates issued under this section are
exempt from the public sale of tax certificates held pursuant to
s. 197.432.
(2) The certificates held by the county shall bear
496 interest at a rate equal to the annually compounded rate of 3
497 percent plus the Consumer Price Index for All Urban Consumers;
498 however, the interest rate may not exceed 9.5 percent.
499
500
197.3075 Change in use or ownership of property.--
(1) If there is a change in use or ownership of the
501 property that has been granted an ad valorem tax or non-ad
502 valorem assessment deferral such that the property owner is no
503 longer entitled to claim the property as an affordable rental
504 housing property, or if there is a change in the legal or
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505 beneficial ownership of the property, or if the owner fails to
506 maintain the required fire and extended insurance coverage, the
507 total amount of deferred taxes, non-ad valorem assessments, and
508 interest for all previous years becomes due and payable November
509 1 of the year in which the change in use or ownership occurs or
510 on the date failure to maintain insurance occurs, and is
511 delinquent on April 1 of the year following the year in which
512 the change in use or ownership or failure to maintain insurance
513 occurs.
514
(2)
Whenever the property appraiser discovers that there
515 has been a change in the use or ownership of the property that
516 has been granted a deferral, the property appraiser shall notify
517 the tax collector in writing of the date such change occurs, and
518 the tax collector shall collect any taxes, non-ad valorem
519 assessments, and interest due or delinquent.
520
(3 )
During any year in which the total amount of deferred
521 taxes, non-ad valorem assessments, interest, and all other
522 unsatisfied liens on the property exceeds 85 percent of the
523 assessed value of the property, the tax collector shall
524 immediately notify the property owner that the portion of taxes,
525 non-ad valorem assessments, and interest which exceeds 85
526 percent of the assessed value of the property is due and payable
527 within 30 days after receipt of the notice. Failure to pay the
528 amount due shall cause the total amount of deferred taxes, non-
529 ad valorem assessments, and interest to become delinquent.
530
(4)
If on or before June 1 following the date the taxes
531 deferred under this subsection become delinquent, the tax
532 collector shall sell a tax certificate for the delinquent taxes
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533 and interest in the manner provided by s. 197.432.
534 197.3076 Prepayment of deferred taxes and non-ad valorem
535 assessments.--
536 (1) Allor part of the deferred taxes, non-ad valorem
537 assessments, and accrued interest may at any time be paid to the
538 tax collector by:
539 (a) The property owner; or
540 (b) The property owner's next of kin, heir, child, or any
541 person having or claiming a legal or equitable interest in the
542 property, if an objection is not made by the owner within 30
543 days after the tax collector notifies the property owner of the
544 fact that such payment has been tendered"
545
- 546
547
(2) Any partial payment made pursuant to this section
shall be applied first to accrued interest.
197.3077 Distribution of payments.--When any deferred tax,
548 non-ad valorem assessment, or interest is collected, the tax
549 collector shall maintain a record of the payment, setting forth
550 a description of the property and the amount of taxes or
551 interest collected for the property. The tax collector shall
552 distribute payments received in accordance with the procedures
553 for distributing ad valorem taxes, non-ad valorem assessments,
554 or redemption moneys as prescribed in this chapter.
555 197.3078 Construction.--This section does not prevent the
556 collection of personal property taxes that become a lien against
557 tax-deferred property, or defer payment of special assessments
558 to benefited property other than those specifically allowed to
559 be deferred, or affect any provision of any mortgage or other
560 instrument relating to property requiring a person to pay ad
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561 valorem taxes or non-ad valorem assessments.
562
563
197.3079 Penalties.--
(1) The following penalties shall be imposed on any person
564 who willfully files information required under this section
565 which is incorrect:
566
(a) The person shall pay the total amount of deferred
567 taxes, non-ad valorem assessments, and interest which shall
568 immediately become due;
569
(b) The person shall be disqualified from filing a tax-
570 deferral application for the next 3 years; and
571
(cl The person shall pay a penalty of 25 percent of the
572 total amount of taxes, non-ad valorem assessments, and interest
573 deferred.
574
(2) Any person against whom penalties have been imposed
575 may appeal to the value adjustment board within 30 days after
576 the date the penalties were imposed"
577
Section 7. Subsection (4) is added to section 253.0341,
578 Florida Statutes, to read:
579
253.0341 Surplus of state-owned lands to counties or local
580 governments.--Counties and local governments may submit
581 surplusing requests for state-owned lands directly to the board
582 of trustees. County or local government requests for the state
583 to surplus conservation or nonconservation lands, whether for
584 purchase or exchange, shall be expedited throughout the
585 surplusing process. Property jointly acquired by the state and
586 other entities shall not be surplused without the consent of all
587 joint owners.
588
(4) Notwithstanding the requirements of this section and
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589 the requirements of s. 253.034 which provides a surplus process
590 for the disposal of state lands, the board shall convey to
591 Miami-Dade County title to the property on which the Graham
592 Building, which houses the offices of the Miami-Dade State
593 Attorney, is located. By January 1, 2008, the board shall convey
594 fee simple title to the property to Miami-Dade County for a
595 consideration of one dollar. The deed conveying title to Miami-
596 Dade County must contain restrictions that limit the use of the
597 property for the purpose of providing workforce housing as
598 defined in s. 420.5095, and to house the offices of the Miami-
599 Dade State Attorney. Employees of the Miami-Dade State Attorney
600 and the Miami-Dade Public Defender who apply for and meet the
601 income qualifications for workforce housing shall receive
- 602 preference over other qualified applicants.
603 Section 8. Paragraphs (c) and (e) of subsection (19) of
604 section 380.06, Florida Statutes, are amended to read:
605
606
607
380.06 Developments of regional impact.--
(19) SUBSTANTIAL DEVIATIONS.--
(c) An extension of the date of buildout of a development,
608 or any phase thereof, by more than 7 years shall be presumed to
609 create a substantial deviation subject to further development-
610 of-regional-impact review. An extension of the date of buildout,
611 or any phase thereof, of more than 5 years but not more than 7
612 years shall be presumed not to create a substantial deviation.
613 The extension of the date of buildout of an areawide development
614 of regional impact by more than 5 years but less than 10 years
615 is presumed not to create a substantial deviation. These
616 presumptions may be rebutted by clear and convincing evidence at
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617 the public hearing held by the local government. An extension of
618 5 years or less is not a substantial deviation. For the purpose
619 of calculating when a buildout or phase date has been exceeded,
620 the time shall be tolled during the pendency of administrative
621 or judicial proceedings relating to development permits. Any
622 extension of the buildout date of a project or a phase thereof
623 shall automatically extend the commencement date of the project,
624 the termination date of the development order, the expiration
625 date of the development of regional impact, and the phases
626 thereof if applicable by a like period of time. In recognition
627
of the 2007 real estate market conditions, all phase, buildout,
and expiration dates for projects that are developments of
regional impact and under active construction on July 1, 2007,
are extended for 3 years regardless of any prior extension. The
628
629
_. 630
631 3-year extension is not a substantial deviation, is not subject
632 to further development-of-regional-impact review, and must not
633 be considered when determining whether a subsequent extension is
634 a substantial deviation under this subsection.
635
Section 9. Paragraph (f) of subsection (3) of section
636 380.0651, Florida Statutes, is amended to read:
637
638
380.0651 Statewide guidelines and standards.--
(3) The following statewide guidelines and standards shall
639 be applied in the manner described in s. 380.06(2) to determine
640 whether the following developments shall be required to undergo
641 development -.of -regional- impact review:
642
643
(f) Hotel or motel development.--
1. Any proposed hotel or motel development that is planned
644 to create or accommodate 350 or more units; or
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645
2. Any proposed hotel or motel development that is planned
646 to create or accommodate 750 or more units, in a county with a
647 population greater than 500,000, :md only in ::t gDogrQphio arCQ
648 spDoifio::tlly dcsigaated QS highly ouitQblo for inoreQoed
649 throohold intensity in tho ::tppro':cd IOOQI oomprohonsi'.'c pl::tn Qnd
650 ia tho otr::ttcgio regional polioy plQn.
651
(e)l. Except for a development order rendered pursuant to
652 subsection (22) or subsection (25), a proposed change to a
653 development order that individually or cumulatively with any
654 previous change is less than any numerioal criterion contained
655 in subparagraphs (b)1.-13. and does not exceed any other
656 criterion, or that involves an extension of the buildout date of
657 a development, or any phase thereof, of less than 5 years is not
"-" 658 subject to the public hearing requirements of subparagraph
659 (f)3., and is not subject to a determination pursuant to
660 subparagraph (f)5. Notice of the proposed change shall be made
661 to the regional planning council and the state land planning
662 agency. Such notice shall include a description of previous
663 individual changes made to the development, including changes
664 previously approved by the local government, and shall include
665 appropriate amendments to the development order.
666
2. The following changes, individually or cumulatively
667 with any previous changes, are not substantial deviations:
668
a. Changes in the name of the project, developer, owner,
669 or monitoring official.
670
b. Changes to a setback that do not affect noise buffers,
671 environmental protection or mitigation areas, or archaeological
672 or historical resources.
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673
674
c. Changes to minimum lot sizes.
d. Changes in the configuration of internal roads that do
675 not affect external access points.
676
e. Changes to the building design or orientation that stay
677 approximately within the approved area designated for such
678 building and parking lot, and which do not affect historical
679 buildings designated as significant by the Division of
680 Historical Resources of the Department of State.
681
f. Changes to increase the acreage in the development,
682 provided that no development is proposed on the acreage to be
683 added.
684
g. Changes to eliminate an approved land use, provided
685 that there are no additional regional impacts.
686 h. Changes required to conform to permits approved by any
687 federal, state, or regional permitting agency, provided that
688 these changes do not create additional regional impacts.
689
i. Any renovation or redevelopment of development within a
690 previously approved development of regional impact which does
691 not change land use or increase density or intensity of use.
692
j. Changes that modify boundaries and configuration of
693 areas described in subparagraph (b)14. due to science-based
694 refinement of such areas by survey, by habitat evaluation, by
695 other recognized assessment methodology, or by an environmental
696 assessment. In order for changes to qualify under this sub-
697 subparagraph, the survey, habitat evaluation, or assessment must
698 occur prior to the time a conservation easement protecting such
699 lands is recorded and must not result in any net decrease in the
700 total acreage of the lands specifically set aside for permanent
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702
701 preservation in the final development order.
k. Changes to permit the sale of an affordable housing
703 unit to a person who earns less than 120 percent of the area
704 median income, provided the developer actively markets the unit
705 for a minimum period of 6 months, is unable to close a sale to a
706
707
708
709
710
711
712
713
-714
715
qualified buyer in a lower income qualified income class, a
certificate of occupancy is issued for the unit, and the
developer proposes to sell the unit to a person who earns less
than 120 percent of the area median income at a purchase price
that is no greater than the purchase price at which the unit was
originally marketed to a lower income qualified class. This.
provision may not be applied to residential units approved
pursuant to subparagraph (b)7. or paragraph (i), and shall
expire on July 1, 2009.
l.~ Any other change which the state land planning
716 agency, in consultation with the regional planning council,
717 agrees in writing is similar in nature, impact, or character to
718 the changes enumerated in sub-subparagraphs a.-j. and which does
719 not create the likelihood of any additional regional impact.
720
721 This subsection does not require the filing of a notice of
722 proposed change but shall require an application to the local
723 government to amend the development order in accordance with the
724 local government's procedures for amendment of a development
725 order. In accordance with the local government's procedures,
726 including requirements for notice to the applicant and the
727 public, the local government shall either deny the application
728 for amendment or adopt an amendment to the development order
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729 which approves the application with or without conditions.
730 Following adoption, the local government shall render to the
731 state land planning agency the amendment to the development
732 order. The state land planning agency may appeal, pursuant to s.
733 380.07(3), the amendment to the development order if the
734 amendment involves sub-subparagraph g., sub-subparagraph h.,
735 sub-subparagraph j., er sub-subparagraph k. , or sub-
736 subparagraph 1., and it believes the change creates a reasonable
737 likelihood of new or additional regional impacts.
738
3. Except for the change authorized by sub-subparagraph
739 2.f., any addition of land not previously reviewed or any change
740 not specified in paragraph (b) or paragraph (c) shall be
741 presumed to create a substantial deviation. This presumption may
-742 be rebutted by clear and convincing evidence.
743
4. Any submittal of a proposed change to a previously
744 approved development shall include a description of individual
745 changes previously made to the development, including changes
746 previously approved by the local government. The local
747 government shall consider the previous and current proposed
748 changes in deciding whether such changes cumulatively constitute
749 a substantial deviation requiring further development-of-
750 regional-impact review.
751
5. The following changes to an approved development of
752 regional impact shall be presumed to create a substantial
753 deviation. Such presumption may be rebutted by clear and
754 convincing evidence.
755
a. A change proposed for 15 percent or more of the acreage
756 to a land use not previously approved in the development order.
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757 Changes of less than 15 percent shall be presumed not to create
758 a substantial deviation.
759
b. Notwithstanding any provision of paragraph (b) to the
760 contrary, a proposed change consisting of simultaneous increases
761 and decreases of at least two of the uses within an authorized
762 multiuse development of regional impact which was originally
763 approved with three or more uses specified in s. 380.0651(3) (c),
764 (d), (e), and (f) and residential use.
765
Section 10. Subsection (2) of section 420.504, Florida
766 Statutes, is amended to read:
420.504 Public corporation; creation, membership, terms,
767
768 expenses.--
769
.-770
771
772
773
774
775
(2) The corporation is constituted as a public
instrumentality, and the exercise by the corporation of the
power conferred by this act is considered to be the performance
of an essential public function. The corporation is Ghall
conotitutc an agency for the purposes of s. 120.52 and is a
state agency for purposes of s. 159.807(4}. The corporation is
subject to chapter 119, subject to exceptions applicable to the
776 corporation, and to the provisions of chapter 286; however, the
777 corporation shall be entitled to provide notice of internal
778 review committee meetings for competitive proposals or
779 procurement to applicants by mailL er facsimile, or publication
780 on an Internet website, rather than by means of publication. The
781 corporation is not governed by chapter 607 or chapter 617, but
782 by the provisions of this part. If for any reason the
783 establishment of the corporation is deemed in violation of law,
784 such provision is severable and the remainder of this act
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785 remains in full force and effect.
786
Section 11.
Section 420.506, Florida Statutes, is amended
787 to read:
788
420.506 Executive director; agents and employees.--The
789 appointment and removal of an executive director shall be by the
790 Secretary of Community Affairs, with the advice and consent of
791 the corporation's board of directors. The executive director
792 shall employ legal and technical experts and such other agents
793 and employees, permanent and temporary, as the corporation may
794 require, and shall communicate with and provide information to
795 the Legislature with respect to the corporation's activities.
796 The board is authorized, notwithstanding the provisions of s.
797 216.262, to develop and implement rules regarding the employment
-798 of employees of the corporation and service providers, including
799 legal counsel. Thc corporation io authorized to enter into a
800 lease agreement ,;ith the Department of Ilanagement Cer"-iceG or
801 tae Department of Community .'.ffairs for the leaoe of otate
802 employeeo from ouch cnti tico, -.;herein an employee ohall retain
803 his or her otatuo ao a state employee but ohall ';orJ~ under the
804 direct oupervision of the corporation, and ohall retain the
80S right to participate in the Florida Retirement Cyotem. The board
806 of directors of the corporation is entitled to establish travel
807 procedures and guidelines for employees of the corporation. The
808 executive director's office and the corporation's files and
809 records must be located in Leon County.
810
Section 12.
Section 420.5061, Florida Statutes, is amended
811 to read:
812
420.5061 Transfer of agency assets and liabi1ities.--
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813 Effccti'JC J::muo.ry 1, 1998, 0.11 o.ooeto o.nd lio.bilitieo o.nd righto
814 and obligo.tiono, including any outotcmEl.ing cORtractuo.l
815 obligo.tioRB, of the o.geney oho.ll be tro.noferroEl. to The
816 corporation is the as legal successor in all respects to the
817 agency~. the oorporation ohall thereupon become obligated to
818 the same extent as the agency under any clCioting agreements
819 existing on December 31, 1997, and is Be entitled to any rights
820 and remedies previously afforded the agency by law or contract,
821 including specifically the rights of the agency under chapter
822 201 and part VI of chapter 159. The corporation io 0. oto.te
823 agency for purpooeo of o. 159" 80'7 (1) (0.) . Effective January 1,
824 1998, all references under Florida law to the agency are deemed
825 to mean the corporation. The corporation shall transfer to the
.-" 826 General Revenue Fund an amount which otherwise would have been
827 deducted as a service charge pursuant to s. 215.20(1) if the
828 Florida Housing Finance Corporation Fund established by s.
829 420.508(5), the State Apartment Incentive Loan Fund established
830 by s. 420.5087(7), the Florida Homeownership Assistance Fund
831 established by s. 420.5088(4), the HOME Investment Partnership
832 Fund established by s. 420.5089(1), and the Housing
833 Predevelopment Loan Fund established by s. 420.525(1) were each
834 trust funds. For purposes of s. 112.313, the corporation is
835 deemed to be a continuation of the agency, and the provisions
836 thereof are deemed to apply as if the same entity remained in
837 place. Any employees of the agency and agency board members
838 covered by s" 112.313(9) (a)6" shall continue to be entitled to
839 the exemption in that subparagraph, notwithstanding being hired
840 by the corporation or appointed as board members of the
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841 corporation. Effceti~e January I, 1998, all Dtate property in
842 uce by the agency Dhall bctranDferrccl to aRcl become the
843 pro]3erty of the corporation.
844
Section 13. Subsection (46) is added to section 420.507,
845 Florida Statutes, to read:
846
420.507 Powers of the corporation.--The corporation shall
847 have all the powers necessary or convenient to carry out and
848 effectuate the purposes and provisions of this part, including
849 the following powers which are in addition to all other powers
850 granted by other provisions of this part:
851
852
853
- 854
855
(46) To require, as a condition of financing a multifamily
rental project, that an agreement be recorded in the official
records of the county where the real property is located, which
requires that the project be used for housing defined as
affordable in s. 420.0004(3) by persons defined in 420.0004(8),
856 (10), (11), and (IS). Such an agreement is a state land use
857 regulation that limits the highest and best use of the property
858 within the meaning of s. 193.011(2).
859
Section 14. Subsection (3) of section 420.5087, Florida
860 Statutes, is amended to read:
861
420.5087 State Apartment Incentive Loan Program.--There is
862 hereby created the State Apartment Incentive Loan Program for
863 the purpose of providing first, second, or other subordinated
864 mortgage loans or loan guarantees to sponsors, including for-
865 profit, nonprofit, and public entities, to provide housing
866 affordable to very-low-income persons.
867
(3) During the first 6 months of loan or loan guarantee
868 availability, program funds shall be reserved for use by
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869 sponsors who provide the housing set-aside required in
870 subsection (2) for the tenant groups designated in this
871 subsection. The reservation of funds to each of these groups
872 shall be determined using the most recent statewide very-low-
873 income rental housing market study available at the time of
874 publication of each notice of fund availability required by
875 paragraph (6) (b). The reservation of funds within each notice of
876 fund availability to the tenant groups in paragraphs (a), (b),
877 and (d) may not be less than 10 percent of the funds available
878 at that time. Any increase in funding required to reach the 10-
879 percent minimum must ohall be taken from the tenant group that
880 has the largest reservation. The reservation of funds within
881 each notice of fund availability to the tenant group in
,- 882 paragraph (c) may not be less than 5 percent of the funds
883 available at that time. The tenant groups are:
884
(a) Commercial fishing workers and farmworkers;
(b) Families;
(c) Persons who are homeless; and
(d) Elderly persons. Ten percent of the amount reserved
885
886
887
888 for the elderly shall be reserved to provide loans to sponsors
889 of housing for the elderly for the purpose of making building
890 preservation, health, or sanitation repairs or improvements
891 which are required by federal, state, or local regulation or
892 code, or lifesafety or security-related repairs or improvements
893 to such housing. Such a loan may not exceed $750,000 per housing
894 community for the elderly. In order to receive the loan, the
895 sponsor of the housing community must make a commitment to match
896 at least 5 percent of the loan amount to pay the cost of such
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897 repair or improvement. The corporation shall establish the rate
898 of interest on the loan, which may not exceed 3 percent, and the
899 term of the loan, which may not exceed IS years; however, if the
900 lien of the corporation's encumbrance is subordinate to the lien
901 of another mortgagee, then the term may be made coterminous with
902 the longest term of the superior lien. The term of the loan
903 shall be based on cotabliohcd on the baoio of a credit analysis
904 of the applicant. The corporation may forgive indebtedness for a
90S share of the loan attributable to the units in a project
906 reserved for extremely-low-income elderly by nonprofit
907 organizations, as defined in s. 420.0004(5), where the project
908 has provided affordable housing to the elderly for 15 years or
909 more. The corporation shall establish, by rule, the procedure
.- 910
and criteria for receiving, evaluating, and competitively
911 ranking all applications for loans under this paragraph. A loan
912 application must include evidence of the first mortgagee's
913 having reviewed and approved the sponsor's intent to apply for a
914 loan. A nonprofit organization or sponsor may not use the
915 proceeds of the loan to pay for administrative costs, routine
916 maintenance, or new construction.
917
Section IS.
Section 420.5095, Florida Statutes, is amended
918 to read:
919
420.5095 Community Workforce Housing Innovation pilot
920 Program.--
921
(1)
The Legislature finds and declares that recent rapid
922 increases in the median purchase price of a home and the cost of
923 rental housing have far outstripped the increases in median
924 income in the state, preventing essential services personnel
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925 from living in the communities where they serve and thereby
926 creating the need for innovative solutions for the provision of
927 housing opportunities for essential services personnel.
928
(2)
The Community Workforce Housing Innovation Pilot
929 Program is created to provide affordable rental and home
930 ownership community workforce housing for essential services
931 personnel affected by the high cost of housing, using regulatory
932 incentives and state and local funds to promote local public-
933 private partnerships and leverage government and private
935
934 resources.
For purposes of this section, the term follO'.cing
(3)
936 definitiono apply:
937
- 938
939
940
941
942
943
944
945
946
(a)
"Workforce housing" means housing affordable to
natural persons or families whose total annual household income
does not exceed 140 percent of the area median income, adjusted
for household size, or ISO percent of area median income,
adjusted for household size, in areas of critical state concern
designated under s. 380.05, for which the Legislature has
declared its intent to provide affordable housing, and areas
that were designated as areas of critical state concern for at
least 20 consecutive years prior to removal of the designation.
(b)
I1Essential services personnel" means persons in need
947 of affordable housing who are employed in occupations or
948 professions in which they are considered essential services
949 personnel, as defined by each county and eligible municipality
950 within its respective local housing assistance plan pursuant to
952
951 s. 420.9075 (3) (a).
"Public-private partnership" means any form of
(c)
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953 business entity that includes substantial involvement of at
954 least one county, one municipality, or one public sector entity,
955 such as a school district or other unit of local government in
956 which the project is to be located, and at least one private
957 sector for-profit or not-for-profit business or charitable
958 entity, and may be any form of business entity, including a
959 joint venture or contractual agreement.
960
961
962
963
964
965
(4)
The Florida Housing Finance Corporation is authorized
to provide Community Workforce Housing Innovation Pilot Program
loans to an applicant for construction or rehabilitation of
workforce housing in eligible areas. The corporation ehall
cotablioh a funding proceeo and oclcction criteria by rule or
rcqueot for propooale. This funding is intended to be used with
other public and private sector resources.
"%6
(5)
The corporation shall establish a loan application
967
968 process by rule which includes selection criteria, an
969 application review process, and a funding process. The
970 corporation shall also establish an application review committee
971 that may include up to three private citizens representing the
972 areas of housing or real estate development, banking, community
973 planning, or other areas related to the development or financing
974 of workforce and affordable housing.
975
(a)
The selection criteria and application review process
976 must include a procedure for curing errors in the loan
977 applications which do not make a substantial change to the
978 proposed proj ect.
979
(b)
To achieve the goals of the pilot program, the
980 application review committee may approve or reject loan
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981 applications or responses to questions raised during the review
982 of an application due to the insufficiency of information
983 provided.
984
(c) The application review committee shall make
985 recommendations concerning program participation and funding to
986 the corporation's board of directors.
987
(d) The board of directors shall approve or reject loan
988 applications, determine the tentative loan amount available to
989 each applicant, and rank all approved applications.
990
(e) The board of directors shall decide which approved
991 applicants will become program participants and determine the
992 maximum loan amount for each program participant.
993
i21~ The corporation shall provide incentives for local
994 governments in eligible areas to use local affordable housing
995 funds, such as those from the State Housing Initiatives
996 Partnership Program, to assist in meeting the affordable housing
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
needs of persons eligible under this program. Local governments
are authorized to use State Housing Initiative Partnership
Program funds for persons or families whose total annual
household income does not exceed:
(a) One hundred and forty percent of the area median
income, adjusted for household size; or
(b) One hundred and fifty percent of the area median
income, adjusted for household size, in areas that were
designated as areas of critical state concern for at least 20
consecutive years prior to the removal of the designation and in
areas of critical state concern, designated under s. 380.05, for
which the Legislature has declared its intent to provide
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affordable housing.
(7)~ Funding shall be targeted to innovative projects in
areas where the disparity between the area median income and the
median sales price for a single-family home is greatest, and ~
projccto in areao where population growth as a percentage rate
of increase is greatest. The corporation may also fund projects
in areas where innovative regulatory and financial incentives
are made available. The corporation shall fund at least one
eligible project in as many counties and regions of the state as
is practicable, consistent with program goals aD poooiblc.
(8)~ Projects shall receive priority consideration for
funding where:
(a)
The local jurisdiction has adopted, or is committed to
.-1022 adopting, adopto appropriate regulatory incentives, or the local
1023 jurisdiction or public-private partnership has adopted or is
1024 committed to adopting local contributions or financial
1025 strategies, or other funding sources to promote the development
1026 and ongoing financial viability of such projects. Local
1027 incentives include such actions as expediting review of
1028 development orders and permits, supporting development near
1029 transportation hubs and major employment centers, and adopting
1030 land development regulations designed to allow flexibility in
1031 densities, use of accessory units, mixed-use developments, and
1032 flexible lot configurations. Financial strategies include such
1033 actions as promoting employer-assisted housing programs,
1034 providing tax increment financing, and providing land.
1035
1036
(b)
Projects are innovative and include new construction
or rehabilitation~T mixed-income housingL,-Br commercial and
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1038
1039
1040
1041
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housing mixed-use elements; innovative design, green building
principles; storm-resistant construction; or other elements that
reduce long-term costs relating to maintenance, utilities, or
insurance and those that promote homeownership. The program
funding may ohall not exceed the costs attributable to the
portion of the project that is set aside to provide housing for
the targeted population.
(c) Projects that set aside at least 80 percent of units
for workforce housing and at least 50 percent for essential
services personnel and for projects that require the least
amount of program funding compared to the overall housing costs
for the project.
(9)+&} Notwithstanding the provisions of s. 163.3184(3)-
~050 (6), any local government comprehensive plan amendment to
1051 implement a Community Workforce Housing Innovation pilot Program
1052 project found consistent with the provisions of this section
1053 shall be expedited as provided in this subsection. At least 30
1054 days prior to adopting a plan amendment under pursuant to this
1055 subsection, the local government shall notify the state land
1056 planning agency of its intent to adopt such an amendment, and
1057 the notice shall include its evaluation related to site
1058 suitability and availability of facilities and services. The
1059
1060
1061
1062
1063
1064
public notice of the hearing required by s. 163.3184(15) (b)2. fr7
1CJ.J181(lS) (c) shall include a statement that the local
government intends to use utilize the expedited adoption process
authorized by this subsection. Such amendments shall require
only a single public hearing before the governing board, which
shall be an adoption hearing as described in s. 163.3184(7)~T
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1065 afi4 The state land planning agency shall issue its notice of
1066 intent pursuant to s. 163.3184(8) within 30 days after
1067 determining that the amendment package is complete. Any further
1068 proceedings shall be governed by ss. 163.3184(9)-(16).
1069 Amendments proposed under this section are not subject to s.
1070 163.3187(1), which limits the adoption of a comprehensive plan
1071 amendment to no more than two times during any calendar year.
1072
1073
1074
1075
1076
(10) The processing of approvals of development orders or
development permits, as defined in s. 163.3164(7) and (8), for
innovative community workforce housing projects shall be
expedited.
llll+9+ The corporation shall award loans with interest
1077 rates set at 1 to 3 percent, which may be made forgivable when
~078 long-term affordability is provided and when at least 80 percent
~079 of the units are set aside for workforce housing and at least SO
1080 percent of the units are set aside for essential services
1081 personnel.
1082
1083
(12)~ All eligible applications shall:
(a) For home ownership, limit the sales price of a
1084 detached unit, townhome, or condominium unit to not more than 90
1085 ~ percent of the median sales price for that type of unit in
1086 that county, or the statewide median sales price for that type
1087 of unit, whichever is higher, and require that all eligible
1088 purchasers of home ownership units occupy the homes as their
1089 primary residence.
1090
1091
1092
(b) For rental units, restrict rents for all workforce
housing serving those with incomes at or below 120 percent of
area median income at the appropriate income level using the
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1093 restricted rents for the federal low-income housing tax credit
1094 program and, for workforce housing units serving those with
1095 incomes above 120 percent of area median income, restrict rents
1096 to those established by the corporation, not to exceed 30
1097 percent of the maximum household income adjusted to unit size.
1098
1099
(c) Demonstrate that the applicant is a public-private
partnership in an agreement, contract, partnership agreement,
1100 memorandum of understanding, or other written instrument signed
1101 by all the project partners.
1102
(d) Have grants, donations of land, or contributions from
1103 the public-private partnership or other sources collectively
1104 totaling at least lQ ~ percent of the total development cost or
1105 $2 million, whichever is less. Such grants, donations of land,
-" 106 or contributions must be evidenced by a letter of commitment~
L107 agreement, contract, deed, memorandum of understanding, or other
1108 written instrument ~ at the time of application. Grants,
1109
lll0
llll
ll12
ll13
lll4
ll15
lll6
1117
lll8
lll9
ll20
donations of land, or contributions in excess of 10 ~ percent
of the development cost shall increase the application score.
(e) Demonstrate how the applicant will use the regulatory
incentives and financial strategies outlined in subsection (8)
paragraph ('7) (a) from the local jurisdiction in which the
proposed project is to be located. The corporation may consult
with the Department of Community Affairs in evaluating the use
of regulatory incentives by applicants.
(f) Demonstrate that the applicant possesses title to or
site control of land and evidences availability of required
infrastructure.
(g) Demonstrate the applicant's affordable housing
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development and management experience.
(h) Provide any research or facts available supporting the
demand and need for rental or home ownership workforce housing
for eligible persons in the market in which the project is
proposed.
(13)-B-l-)- Projects may include manufactured housing
1127 constructed after June 1994 and installed in accordance with
1128 mobile home installation standards of the Department of Highway
1129 Safety and Motor Vehicles.
1130
ll31
ll32
ll33
....1134
1135
ll36
(14)~ The corporation may adopt rules pursuant to ss.
120.536(1) and 120.54 to implement the provioiono of this
section.
(15)~ The corporation may use a maximum of 2 percent of
the annual program appropriation for administration and
compliance monitoring.
(16)~ The corporation shall review the success of the
1137 Community Workforce Housing Innovation pilot Program to
1138 ascertain whether the projects financed by the program are
1139 useful in meeting the housing needs of eligible areas and shall
1140 include its findings in the annual report required under s.
1141 420.511(3). The corporation ahall aubmit ita report and any
1142 reeomffiendationo regarding the program to the Governor, the
1143 Cpea]wr of the IIouoe of Representati veo, and the Preoident of
1144 the Cenate not later than 2 montho after the end of the
1145 eorporation' a fioeal year.
ll46
1147
ll48
Section 16. Subsection (3) of section 420.511, Florida
Statutes, is amended to read:
420.511 Business plan; strategic plan; annual report.--
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(3) (a) The corporation shall submit to the Governor and
the presiding officers of each house of the Legislature, within
2 months after the end of its fiscal year, a complete and
detailed report setting forth:
1.+a+ Its operations and accomplishments;
2.~ Its receipts and expenditures during its fiscal year
1155 in accordance with the categories or classifications established
1156 by the corporation for its operating and capital outlay
1157 purposes;
ll58
ll59
ll60
1161
-'162
1163
ll64
ll65
1166
ll67
ll68
ll69
ll70
ll71
ll72
ll73
1174
1175
ll76
3.+e+ Its assets and liabilities at the end of its fiscal
year and the status of reserve, speci.al, or other funds;
4.+a} A schedule of its bonds outstanding at the end of
its fiscal year, together with a statement of the principal
amounts of bonds issued and redeemed during the fiscal year; and
5.+e+ Information relating to the corporation's activities
in implementing the provisions of ss. 420.5087~ aftff 420.5088~
and 420.5095.
(b) The report required by thin ouboection shall include,
but not be limited to:
1. The number of people served, delineated by income, age,
family size, and racial characteristics.
2. The number of units produced under each program.
3. The average cost of producing units under each program.
4. The average sales price of single-family units financed
under s. 420.5088.
5. The average amount of rent charged based on unit size
on units financed under s. 420.5087.
6. The number of persons in rural communities served under
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ll89
---'190
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each program.
7. The number of farmworkers served under each program.
8. The number of homeless persons served under each
program.
9. The number of elderly persons served under each
program.
10. The extent to which geographic distribution has been
achieved in accordance with the provisions of s. 420.5087.
11. The success of the Community Workforce Housing
Innovation pilot Program in meeting the housing needs of
eligible areas.
12.~ Any other information the corporation deems
appropriate.
Section 17. Subsection (1) of section 420.513, Florida
Statutes, is amended to read:
420.513 Exemption from taxes and eligibility as
investment.--
(1) The property of the corporation, the transactions and
1195 operations thereof, the income therefrom, and the bonds of the
1196 corporation issued under this act, together with all notes,
1197 mortgages, security agreements, letters of credit, or other
1198 instruments that arise out of or are given to secure the
1199 repayment of bonds issued in connection with the financing of
1200 any housing development under this part, and all notes,
1201 mortgages, security agreements, letters of credit, or other
1202 instruments that arise out of or are given to secure the
1203 repayment of loans issued in connection with the financing of
1204
any housing under this part, as well as the interest thereon and
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1213
1214
1215
1216
1217
,...., 218
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income therefrom, regardless of the status of any party thereto
as a private party, shall be exempt from taxation by the state
and its political subdivisions. The exemption granted by this
subsection shall not apply to any tax imposed by chapter 220 on
interest, income, or profits on debt obligations owned by
corporations.
Section 18. Subsection (7) of section 420.526, Florida
Statutes, is amended to read:
420.526 Predevelopment Loan Program; loans and grants
authorized; activities eligible for support.--
(7) No predevelopment loan made under this section shall
exceed the lesser of:
(a) The development and acquisition costs for the project,
as determined by rule of the corporation; or
(b) Seven hundred and fifty Five hundred thousand dollars.
Section 19. Subsections (2), (4), (5), and (6) of section
420.9076, Florida Statutes, are amended, and subsections (8) and
(9) are added to that section, to read:
420.9076 Adoption of affordable housing incentive
strategies; committees.--
(2) The governing board of a county or municipality shall
appoint the members of the affordable housing advisory committee
by resolution. Pursuant to the terms of any interlocal
agreement, a county and municipality may create and jointly
appoint an advisory committee to prepare a joint plan. The
ordinance adopted pursuant to s. 420.9072 which creates the
advisory committee or the resolution appointing the advisory
committee members must provide for eleven E4fie committee members
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and their terms. The committee must include:
(a) One citizen who is actively engaged in the residential
home building industry in connection with affordable housing.
(b) One citizen who is actively engaged in the banking or
1237 mortgage banking industry in connection with affordable housing.
1238
1239
1240
1241
1242
1243
1244
1245
.--.1246
1247
(c) One citizen who is a representative of those areas of
labor actively engaged in home building in connection with
affordable housing.
(d) One citizen who is actively engaged as an advocate for
low-income persons in connection with affordable housing.
(e) One citizen who is actively engaged as a for-profit
provider of affordable housing.
(f) One citizen who is actively engaged as a not-for-
profit provider of affordable housing.
(g) One citizen who is actively engaged as a real estate
1248 professional in connection with affordable housing.
1249
1250
1251
1252
1253
1254
1255
1256
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1258
1259
1260
(h) One citizen who actively serves on the local planning
agency pursuant to s. 163.3174.
(i) One citizen who resides within the jurisdiction of the
local governing body making the appointments.
(j) One citizen who represents employers within the
jurisdiction.
(k) One citizen who represents essential services
personnel, as defined in the local housing assistance plan.
If a county or eligible municipality whether due to its small
size, the presence of a conflict of interest by prospective
appointees, or other reasonable factor, is unable to appoint a
Page 45 of 50
CODING: Words strieken are deletions; words underlined are additions.
hb1375-05-er
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~275
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FLORIDA
H 0 USE
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REPRESENTATIVES
ENROLLED
CS/HB 1375, Engrossed 3
2007 Legislature
citizen actively engaged in these activities in connection with
affordable housing, a citizen engaged in the activity without
regard to affordable housing may be appointed. Local governments
that receive the minimum allocation under the State Housing
Initiatives Partnership Program may elect to appoint an
affordable housing advisory committee with fewer than eleven
representatives if they are unable to find representatives that
meet the criteria of paragraphs (a)-(k).
(4) Triennially, the advisory committee shall review the
established policies and procedures, ordinances, land
development regulations, and adopted local government
comprehensive plan of the appointing local government and shall
recommend specific actions or initiatives to encourage or
facilitate affordable housing while protecting the ability of
the property to appreciate in value. The BB€fl recommendations
may include the modification or repeal of existing policies,
procedures, ordinances, regulations, or plan provisions; the
creation of exceptions applicable to affordable housing; or the
adoption of new policies, procedures, regulations, ordinances,
or plan provisions, including recommendations to amend the local
government comprehensive plan and corresponding regulations,
ordinances, and other policies. At a minimum, each advisory
committee shall submit a report to the local governing body that
includes mahe recommendations on, and triennially thereafter
evaluates the implementation of, affordable housing incentives
in the following areas:
(a) The processing of approvals of development orders or
permits, as defined in s. 163.3164(7) and (8), for affordable
Page 46 of 50
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hb1375-05-er
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FLORIDA
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ENROLLED
CS/HB 1375, Engrossed 3
2007 Legislature
housing projects is expedited to a greater degree than other
projects.
(b) The modification of impact-fee requirements, including
reduction or waiver of fees and alternative methods of fee
payment for affordable housing.
(c) The allowance of flexibility in densities increasca
dcnoity lcvclo for affordable housing.
(d) The reservation of infrastructure capacity for housing
for very-low-income personsL aft4 low-income persons, and
moderate-income persons.
(e) The allowance of affordable accessory residential
units in residential zoning districts.
(f) The reduction of parking and setback requirements for
affordable housing.
(g) The allowance of flexible lot configurations,
including zero-lot-line configurations for affordable housing.
(h) The modification of street requirements for affordable
housing.
(i) The establishment of a process by which a local
government considers, before adoption, policies, procedures,
ordinances, regulations, or plan provisions that increase the
cost of housing.
(j) The preparation of a printed inventory of locally
owned public lands suitable for affordable housing.
(k) The support of development near transportation hubs
and major employment centers and mixed-use developments.
The advisory committee recommendations may ~ also include
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hb1375-05-er
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F LOR
D A
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ENROLLED
CS/HB 1375, Engrossed 3
2007 Legislature
other affordable housing i.ncentives identified by the advisory
committee. Local governments that receive the minimum allocation
under the State Housing Initiatives Partnership Program shall
perform the initial review, but may elect to not perform the
triennial review.
(5)
The approval by the advisory committee of its local
1323 housing incentive strategies recommendations and its review of
1324 local government implementation of previously recommended
1325 strategies must be made by affirmative vote of a majority of the
1326 membership of the advisory committee taken at a public hearing.
1327 Notice of the time, date, and place of the public hearing of the
1328 advisory committee to adopt final local housing incentive
1329 strategies recommendations must be published in a newspaper of
._J 330 general paid circulation in the county. The &Hefi notice must
1331 contain a short and concise summary of the local housing
1332 incentives strategies recommendations to be considered by the
1333 advisory committee. The notice must state the public place where
1334 a copy of the tentative advisory committee recommendations can
1335 be obtained by interested persons.
1336
1337
1338
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(6)
Within 90 days after the date of receipt of the local
housing incentive strategies recommendations from the advisory
committee, the governing body of the appointing local government
shall adopt an amendment to its local housing assistance plan to
incorporate the local housing incentive strategies it will
implement withi.n its jurisdiction. The amendment must include,
at a minimum, the local housing incentive strategies required
under s. 420.9071(16). The local government must consider the
strategies specified in paragraphs l!l(a)-(k) as recommended by
Page 48 of 50
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hb1375-05-er
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FLORIDA
H 0 USE
REPRESENTATIVES
o F
ENROLLED
CS/HB 1375, Engrossed 3
2007 Legislature
the advisory committee (1) (a) (j).
(8) The advisory committee may perform other duties at the
request of the local government, including:
(a) The provision of mentoring services to affordable
1349 housing partners including developers, banking institutions,
1350 employers, and others to identify available incentives, assist
1351 with applications for funding requests, and develop partnerships
1352 between various parties.
1353
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(b) The creation of best practices for the development of
affordable housing in the community.
(9) The advisory committee shall be cooperatively staffed
by the local government department or division having authority
to administer local planning or housing programs to ensure an
integrated approach to the work of the advisory committee.
Section 20. Section 624.46226, Florida Statutes, is
created to read:
624.46226 Public housing authorities self-insurance funds;
exemption for taxation and assessments.--
(1) Any two or more public housing authorities in the
state as defined in chapter 421 may also create a self-insurance
fund for the purpose of self-insuring real or personal property
of every kind and every interest in such property against loss
or damage from any hazard or cause and against any loss
consequential to such loss or damage, provided all the
1370
1369 provisions of s. 624.4622 are met.
(2) Any public housing authority in the state as defined
1371 in chapter 421 that is a member of a self-insurance fund
1372 pursuant to this section shall be exempt from the assessments
Page 49 of 50
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hb1375-05-er
FLORIDA
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REPRESENTATIVES
ENROLLED
CS/HB 1375, Engrossed 3
2007 Legislature
1373 imposed under ss. 627.351, 631.57, and 215.555.
1374 Section 21. This act shall take effect July 1, 2007.
Page 50 of 50
CODING: Words Etrickon are deletions; words underlined are additions.
hb1375-05-er
MEMORANDUM
TO:
Jim Mudd, County Manager
THRU:
Joe Schmitt, CDES Administrator
FROM:
Randy Cohen, AICP, Comprehensive Planning Department Director
SUBJ:
HB 7203; Engrossed 2
DATE:
May 7, 2007
The Comprehensive Planning Department has completed its final review ofHB 7203
which will become effective on July 1,2007. Many of the comments that are
forthcoming may seem repetitive as they mimic comments from the analysis of previous
versions ofthe bill. However, some of these comments have been expanded taking into
account how the actions of neighboring counties and cities most likely will adversely
affect Collier County. Specific examples will be provided. In a few instances I will
opine based on possible scenarios which could transpire. However, these opinions are
well grounded in sound planning practices and principles and could very well become
reality. Inapplicable provisions do not warrant comments unless they are lengthy
provisions in the bill and my comment will indicate that the provision is inapplicable.
Provisions related to transportation have been left to the expertise of the Transportation
Division. These bill provisions have previously been noted for the Division that specific
provisions warranted extensive review by that Division. The format will note the
applicable statutory section and insert the change. Comments will be directly beneath the
change that has been enacted. The provisions will be addressed in the order presented in
the bill. My comments are as follows.
I. 163.3164 "financial feasibility" A comprehensive plan shall be deemed financiallv
feasible for transportation facilities throughout the planning period addressed bv the capital
improvements schedule if it demonstrates that the level of service standards are achieved
and maintained bv the end of the planning period even ifin a particular vear such
improvements are not concurrent as provided bv s. 163.3180.
This provision would only require concurrency at the end of the 5 year CIE which
negates any short term concurrency management system adopted by a local
government. If a local government has adopted a long term concurrency
management system it would not have to be financially feasible for 10 or 15 years.
The net result is capital services and infrastructure will degrade in the early years of
the adopted planning period. The other obvious outcome given the proposed
reduction in property taxes is that local governments with 5 year CIEs will inevitably
not be able to meet the financial feasibility requirements at the end of the 5th year
and will then be forced to adopt either a 10 or 15 year concurrency management
system, push the fiuaucial feasibility requirement out into the future, and as a result
levels of service for capital facilities and services will degrade for existing residents.
This provision would appear on the surface to have minimal impact on Collier
County if it maintains its current CIE posture with respect to concurrency and
financial feasibility per the existing BCC policy directive. However, the ramifications
ofthis provision are major in its impacts on Collier County. If Hendry County moves
forward with its intent of establishing a 15 year concurrency management system and
change its level of service to "E" on State and County Roads, any state of county road
connecting to Collier County will result in gridlock on the Collier County road system
for affected roadways. The problem will be further compounded if Hendry County
changes from a "peak hour" analysis to an "average daily trip" analysis. If so, the
roadways in Hendry County during the peak hour will function at a Level of Service
F and the same can be said of those roads that continue into Collier County. Collier
County will experience potential gridlock for 15 years on some of its roads if Hendry
County moves forward with its concurrency and LOS initiatives. If after 15 years
Hendry County cannot demonstrate financial feasibility and achieve and maintain its
LOS standards, then gridlock will continue to exist until a solution can be found. The
same analysis is true for any other adjacent county that will employ the same changes
to its concurrency management system. Therefore, it is imperative that Collier
County challenge any plan amendment or DRI in an adjacent county that will have
these impacts. Hendry County has numerous proposals either submitted or in the
process of being submitted that are large DRIs.
3. 163.3177 Required and optional elements of comprehensive plan; studies and
surveys.--
(2) Coordination of the several elements of the local comprehensive plan shall be a
major objective of the planning process. The several elements of the comprehensive plan
shall be consistent, and the comprehensive plan shall be financially feasible. Financial
feasibility shall be determined using professionally accepted methodologies and shall
applv to the 5-vear planning period except in the case of a long-term transportation or
school concurrencv management svstem when a 10 or 15-vear period shall applv.
This is another modification which is indicative ofthe support for long term
concurrency management systems.
4. 163.3177(3)(a)(6)(b)l. The capital improvements element shall be reviewed on an
annual basis and modified as necessary in accordance with s. 163.3187 or s. 163.3189 in
order to maintain a financially feasible 5-year schedule of capital improvements.
Corrections and modifications concerning costs; revenue sources; or acceptance of
facilities pursuant to dedications which are consistent with the plan may be accomplished
by ordinance and shall not be deemed to be amendments to the local comprehensive plan.
A copy of the ordinance shall be transmitted to the state land planning agency. An
amendment to the comprehensive plan is required to update the schedule on an annual
basis or to eliminate, defer, or delay the construction for any facility listed in the 5-year
schedule. All public facilities shall be consistent with the capital improvements element.
Amendments to implement this section must be adopted and transmitted no later than
December I, ~ 2008. Thereafter, a local government may not amend its future land use
map, except for plan amendments to meet new requirements under this part and emergency
amendments pursuant to s. 163.3187( I)(a), after December I, ~ 2008, and every year
thereafter, unless and until the local government has adopted the annual update and it has
been transmitted to the state land planning agency.
The change in adding an additional year appears meaningless on the surface.
However, the December 1,2008 date is necessary as no local government can
determine financial feasibility with absolute certainty given the pending property tax
legislation.
The December 1st date in any given year is problematic to DCA and all local
governments in the state as the legislature has not allowed DCA the flexibility to
develop a staggered schedule for CIE submittals which means all 67 counties and
hundreds of municipalities will be submitting CIEs at the same time for compliance.
Undoubtedly given this scenarios almost every CIE in the state will be found not in
compliance. Please note that DCA has asked for the staggered schedule and has been
told no. The staggered schedule exists for EARs and Public School Facilities
Elements. The staggered schedule also was approved by the legislature when
comprehensive plans were first require by the 1985 Growth Management Act. DCA
will again ask for the staggered schedule in the 2008 legislative session as DCA will be
unable to meet its review requirements for local governments.
The December 1 st date is problematic as all counties must incorporate changes in
public school work plans into the CIE and demonstrate financial feasibility. The turn
around time is extremely short as the School Board has until October 1 st in any given
year to adopt its annual capital facilities work plan.
Local governments most likely will be unable to meet the December 1 st deadline as
well. Population statistics from the Bureau of Business and Economic Research are
not available until Aprillst in any given year. Collier County's adopted AUIR
process unless streamlined per BCC policy direction will make adopting the CIE in
December virtually impossible. In order to accomplish adoption by December 1 st, the
review of the CCPC and Productivity Committee would have to be limited in its scope
and duration. That decision and choice between expediency and thorough review by
all advisory boards will be at the discretion of the BCe.
5. l63.3177(3)(a)(6)(e) At the discretion of the local government. notwithstanding the
requirements in this subsection. a comprehensive plan as revised bv an amendment to its
future land use map shall be deemed to be financiallv feasible and to have achieved and
maintained transportation level of service standards for purposes of s. 163.3177 provided
that the amendment to the future land use map is supported bv a development-of-regional
impact development order condition or binding agreement addressing proportionate share
or proportionate fair-share consistent with:
This provision is intended to allow local governments to amend future land use
maps and circumvent the financial feasibility requirements by a binding agreement
or proportionate fair share agreement. The subject DRls would never provide
capital facilities as a part of that development that would result in financial
feasibility in the future. The net effect, if a local government chooses to use this
provision, is long term degradation in levels of service, transition to a long term
concurrency management system and/or diverting revenue from other essential
government programs and services.
The other effect of this provision is the message to local governments that it may be
in a local government's best interests to deny any DRI Application for Development
Approval" and the accompanying request for a future land use plan/map
amendment. Collier County should deny all DRIs that attempt to use this provision
and strongly object to the point of going to administrative hearing over any DRI
adopted by a neighboring jurisdiction that adopts DRls with these provisions that
would result in adverse impacts to Collier County. Please refer to the
aforementioned Hendry County DRI scenario where Collier County could have
gridlock on its roads for over 15 years. If this provision is used in conjunction with
the long term concurrency management system alternative then the end result could
be gridlock on Collier County roads in perpetuity.
It is strongly suggested that this issue be vetted at the Regional Planning Council
with regard to DRls in general. The most likely scenario is undeveloped interior
counties will adversely affect developed coastal counties if the long term
concurrency management systems are enacted by a local government and DRI
proportionate share provisions are integrated into a DR\. The beneficiaries will be
developers and in the long run the losers will be all local governments that will be
unable to meet their respective capital facility requirements. For many local
governments financial feasibility and achieving and maintaining levels of service for
roads will never be possible. The end result most likely will be changes to the
growth management legislation that would allow gridlock as an acceptable level of
service or that local government would go bankrupt. Other similar provisions
approximating the same result would also be considered by the legislature.
6. 163.3180( 16)( c) Proportionate fair-share mitigation includes, without limitation,
separately or collectively, private funds, contributions ofland, and construction and
contribution of facilities and may include public funds as determined by the local
government. Proportionate fair-share mitigation mav be directed toward one or more
specific transportation improvements reasonablv related to the mobilitv demands created
bv the development and such improvements mav address one or more modes of travel.
The fair market value of the proportionate fair-share mitigation shall not differ based on
the form of mitigation. A local government may not require a development to pay more
than its proportionate fair-share contribution regardless of the method of mitigation.
Proportionate fair-share mitigation shall be limited to ensure that a development meeting
the requirements of this section mitigates its impact on the transportation svstem but is
not responsible for the additional cost of reducing or eliminating backlogs.
This provision would allow any development utilizing proportionate fair share to
completely bypass the County's concurrency management system. Therefore,
proportionate fair share mitigation should not be allowed under any circumstances.
7. 163.3180(16)((f) In the event the funds in an adopted 5-year capital improvements
element are insufficient to fully fund construction of a transportation improvement
required by the local government's concurrency management system, a local government
and a developer may still enter into a binding proportionate-share agreement authorizing
the developer to construct that amount of development on which the proportionate share
is calculated if the proportionate-share amount in such agreement is sufficient to pay for
one or more improvements which will, in the opinion of the governmental entity or
entities maintaining the transportation facilities, significantly benefit the impacted
transportation system. The improvement or improvements funded by the proportionate-
share component must be adopted into the 5-year capital improvements schedule of the
comprehensive plan at the next annual capital improvements element update. The
funding of such improvement or improvements that significantly benefit the impacted
transportation system shall satisfy concurrency as a mitigation of the development's
impact to the overall transportation system.
This provision validates under the counties current 5-year CIE why proportionate
fair share mitigation should never be permitted. The improvement that would be
incorporated into the 5-year CIE would then replace higher priority improvements
previously identified as necessary to achieve and maintain the county's roads level
of service.
8. 163.3182 Transportation concurrency backlogs
The text is a "may" provision which does not mandate that the county create a
"Transportation Concurrency Backlog Authority", "Transportation Concurrency
Backlog Plan", or the "Establishment of Local Trust Fund". This provision would
effectively eliminate a large portion ofthe BCC's discretionary funding if the
"Authority" was created. It is strongly advised that the BCC not enact any
provision of this "may" legislation.
9. 163.32465 State Review oflocal government plans in urban areas
This provision is not applicable to Collier County
If you have any questions pertaining to the above analysis please contact me at your
convemence.
HB 7203 - Comprehensive Planning
Page I of5
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Home )) Bills >> Selected Bill Detail
HB 7203 - Comprehensive Planning
GENERAL BILL by Economic Expansion & Infrastructure Council and Cannon and Kravitz
Comprehensive Planning: Redefines terms "urban redevelopment" & "financial feasibility" for I
Government Comprehensive Planning & Land Development Regulation Act; provides for applicati(
for financial feasibility with respect to elements of comprehensive plan; provides exception from (
requirements for certain airport facilities; provides for creation of transportation concurrency bad
etc.
Effective Date: July 1, 2007.
Last Event: Message sent to senate on Friday, May 04,20078:33 PM
Main Amendment Filing Deadline: After Tuesday, April 24, 2007 2:00 PM
Adhering Amendment Filing Deadline: After Tuesday, April 24, 2007 5:00 PM
Recommending committee actions by:
Economic Expansion & Infrastructure Council
On agenda for: 04/20/079: 15 AM Notice
Favorable (final action) See Votes
Related Bills:
Bill #
Subject
Transportation
Affordable Housing
Affordable Housing [RPCC)
Comprehensive Planning [RPCC)
Conservation Lands [RPCC)
Transportation/M.P.O.'s [EPCC)
Environmental Protection
Transportation Concurrency [RPCC)
Tax Increment Financing/Conservation Lands [RPCC)
R.
cs/Cs/HB 985
CsjHB 1375
Cs/Cs/Cs/sB 780
Cs/sB 800
Cs/Cs/sB 1486
Cs/Cs/Cs/sB 19;18
Cs/Cs/Cs/sB 2054
SB 2074
Cs/Cs/sB 2134
ec
Co
Cc
Co
eo
Co
Co
Co
Co
Bill Text:
Enrolled
Engrossed 3
Engrossed 2
D 113368
Date Filed: 05/01/07, Page#: 0, Line#: 0
House: Concur 05/0-
Senate: Adopted 05/(
Senate: Adopted 05/(
Senate: Adopted 05/(
Senate: Adopted 05/1
AA 663638
AA 305036
AA 054662
Date Filed: 05/02/07, Page#: 6, Line#: 1
Date Filed: 05/01/07, Page#: 6, Line#: 15
Date Filed: 05/04/07, page#: 6, Line#: 16
http://www .myfloridahouse.gov/Sections/Billslbillsdetail.aspx?Billld=36980&
5/15/2007
HB 7203 - Comprehensive Planning
AA 92593S
AA 635780
AA 575562
AA 454050
AA 495354
AA 210308
SAA 091480
AA 553796
AA 084130
AA 862924
AA 880568
AA 431456
AA 943812
SAA 081112
SAA 834778
SAA 051068
AA 810406
AA 052600
AA 375324
AA 552686
A 612062
Engrosse(l 1
A 779999 (late),
Cannon
Original Filed V~rsion
A 290561, Bucher
AA 015677, Bucher
A 284289 (late),
Kravitz
A 529631 (late),
Cannon
Page 2 of5
Date Filed: 05/02/07, Page#: 9, line#: 12 Senate: Withdrawn 0
Date Filed: 05/02/07, Page#: 9, Line#: 12
Date Filed: 05/01/07, Page#: la, line#:
24
Senate: Adopted 05/1
Senate: Withdrawn 0
Date Filed: 05/01/07, Page#: 11, Line#: 2 Senate: Withdrawn 0
Date Filed: 05/02/07, Page#: 11, Line#: 2 Senate: Withdrawn 0
Replaced by
05/04/07
Adopted 05/1
Adopted 05/1
Date Filed: 05/02107, Page#: 11, Line#: 2 Senate:
Date Filed: 05/02/07, Page#: 11, Line#: 2 Senate:
Date Filed: 05/02/07, Page#: 11, Line#: 2 Senate:
Date Filed: 05/03/07, Page#: 13, Line#:
20
Date Filed: 05/01/07, Page#: 14, Line#: 5
Date Filed: 05/02/07, Page#: 14, Line#: 5
Date Filed: 05/01/07, Page#: 14, Line#:
12
Date Filed: 05/01/07, Page#: 15, Line#:
14
Date Filed: 05/02/07, Page#: 15, Line#:
14
Date Filed: 05/02/07, Page#: 15, Line#:
14
Oate Filed: 05/03/07, Page#: 15, Line#:
14
Date Filed: 05/01/07, Page#: 15, Line#:
14
Date Filed: 05/02/07, Page#: 15, Line#:
14
Date Filed: 05/02/07, Page#: 15, Line#:
14
Date Filed: 05/04/07, Page#: 15, Line#:
14
Date Filed: 05/02/07, Page#: 0, Line#:
1141
Date Filed: 04/26/07, Page#: 0, Line#:
854
Date Filed: 04/24/07, Page#: a, Line#:
537
Date Filed: 04/24/07, Page#: a, Line#:
136
Date Filed: 04/24/07, Page#: a, Line#:
752
Date Filed: 04/24/07, Page#: a, Line#:
857
Senate: Adopted 05/1
Senate: Withdrawn 0
Senate: Adopted 05/1
Senate: Adopted 05/1
Senate: Replaced by
05/04/07
Senate: Withdrawn 0
Senate: Withdrawn 0
Senate: Adopted 05/1
Senate: Adopted 05/1
Senate: Adopted 05/1
Senate: Adopted 05/1
Senate: Adopted 05/1
Senate: Withdrawn 0
House: Adopted 04;:
House: Adopted 04(
House: Adopted 04(
House: Withdrawn 0
House: Withdrawn 0
Staff Analysis:
Chamber
Committee
House
E:conomic Expansion & Infrastr!,lcture Council 4/2J1200.7. 2:54.:.25 PM
Vote History:
Chamber Date
Yeas Nays Actions
http://www . mytl oridahouse. go V ISections/B illslbill sdetail. aspx? BillI d= 36980&
Barcode
5/15/2007
HB 7203 - Comprehensive Planning
House 04/26/200705:19 PM 117 0 Passage VQte[Seqfj> 2S7]
Senate 05/04/200711:33 AM 34 5 Vote[Seq# 7]
House 05/04/200702:26 PM 118 0 Passage VQte [Seq# S22]
Page 3 of 5
Bill History:
Event
Message sent to senate
Ordered engrossed, then enrolled
Passed as amended; YEAS 118, NAYS 0
Amendment 113368 Concur
Concurred
Added to Senate Message List
In Messages
05/04/07 5 Passed as amended (635780,
552686,375324,113368,091480,
084130,054662,051068); YEAS 34 NAYS
5 -SJ 01270
05/04/07 5 Amendment(s) reconsidered,
adopted, as amended -5J 01267
05/04/075 Read 3rd time -SJ 01267
05/02/07 5 Amendment(s) adopted
(943812, 880568, 810406, 663638,
575562, 553796,431456, 305036,
210308, 113368,052600) -SJ 00802, -SJ
00812
05/02/07 5 Read 2nd time -SJ 00802
05/02/07 5 Substituted for CS/SB 800 -SJ
00801
05/02/075 Withdrawn from Community
Affairs -$) 00801
05/02/07 5 Received, referred to
Community Affairs -5J 00874
04/26/07 5 In Messages
Message sent to senate
Passage on third reading
Passed as amended; YEAS 117, NAYS 0
Time
Friday, May 04, 2007
8:33 PM
friday, May 04,2007
2:26 PM
Friday, May 04, 2007
2: 26 PM
Friday, May 04, 2007
2: 17 PM
Friday, May 04,2007
2: 13 PM
Friday, May 04, 2007
1:29 PM
Friday, May 04, 2007
12:44 PM
Friday, May 04,2007
11:34 AM
Friday, May 04, 2007
11:31 AM
Friday, May 04,2007
11:25 AM
Wednesday, May 02,
2007 12:03 PM
Wednesday, May 02,
2007 12:03 PM
Wednesday, May 02,
2007 12:03 PM
Wednesday, May 02,
2007 12:03 PM
Wednesday, May 02,
2007 12:03 PM
Thursday, April 26, 2007
9: 11 PM
Thursday, April 26, 2007
9:07 PM
Thursday, April 26, 2007
5:19 PM
Thursday, April 26, 2007
5:19 PM
http://www .myfloridahouse. gov /Secti ons/B illslbillsdetai 1. aspx? B ill! d= 36980&
Member Commi
5/15/2007
HB 7203 - Comprehensive Planning
Page 40f5
Amendment 779999 adopted
Thursday, April 26, 2007
5:19 PM
Read 3rd time
Thursday, April 26, 2007
5:18 PM
Amendment 779999 filed late
Thursday, April 26, 2007
5:09 PM
Added to Third Reading Calendar
Wednesday, April 25,
20073:55 PM
Amendment 529631 withdrawn
Wednesday, April 25,
20073:54 PM
Amendment 284289 withdrawn
Wednesday, April 25,
20073:54 PM
Amendment 015677 adopted
Wednesday, April 25,
20073:54 PM
Amendment 290561 adopted
Wednesday, April 25,
20073:54 PM
Read 2nd time
Wednesday, April 25,
20073:46 PM
Amendment 529631 filed late
Tuesday, April 24, 2007
9:19 PM
Bill added to Special Order Calendar
(4/25/2007)
Tuesday, April 24, 2007
7: 51 PM
Added to Second Reading Calendar
Tuesday I April 24, 2007
7:22 PM
Amendment 284289 filed late
Tuesday, April 24, 2007
6:12 PM
Amendment 015677 filed
Tuesday, April 24, 2007
4:40 PM
Amendment 290561 filed
Tuesday, April 24, 2007
1:27 PM
1st Reading
Monday, April 23, 2007
11:59 PM
Bill added to Special Order Calendar
(4/25/2007)
Monday, April 23, 2007
11:43 PM
Bill referred to House Calendar
Monday, April 23, 2007
11:05 PM
Filed
Monday, April 23, 2007
11:48 AM
Econom
Infrastrl
Statutes Referenced by this Bill
163.3164
163.3177
163.3180
163.3182
163.3187
163.3191
163.3229
163.32465
380.06
http://www .m yfloridahouse. gov /Secti ons/B ills/bi llsdetail.aspx?B ill Id= 3 69 8 0&
5/15/2007
HB 7203 - Comprehensive Planning
Page 5 of 5
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",delrcs'" re1cc,';)ed 'n rc,:-.pOII$C to a public-records I-equcst', do not ..,efld electronl( rn()il to this entity.
,)ftHC hy phone or :11 wntinq_ Copyriqht lOOT ).](14 Stak (If Flumia. Contact Us. Priya_cY5tat
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5/15/2007
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A bill to be entitled
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An act relating to comprehensive planning; amending s.
163.3164, F.S.; redefining the terms "urban redevelopment"
and "financial feasibility" for purposes of the Local
Government Comprehensive Planning and Land Development
Regulation Act; amending s. 163.3177, F.S.; providing for
application of requirements for financial feasibility with
respect to the elements of a comprehensive plan; delaying
the deadline for amendments conforming public facilities
with the capital improvements element; specifying
circumstances under which transportation and school
facilities shall be deemed to be financially feasible and
to have achieved level-of-service standards; amending s.
163.3180, F.S.; providing an exception from concurrency
requirements for certain airport facilities; providing an
additional exemption from concurrency requirements for an
urban service area under specified circumstances;
requiring that a local government consult with the state
land planning agency regarding the designation of a
concurrency exception area; revising provisions providing
an exception from transportation concurrency requirements
for a multiuse development of regional impact; providing
for the application of provisions that authorize payment
of a proportionate-share contribution to Florida Quality
Developments and certain plans implementing optional
sector plans; revising the availability standard for
achieving school concurrency; authorizing a development to
proceed under certain circumstances; providing
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requirements for proportionate-share mitigation and
proportionate fair-share mitigation with respect to
transportation improvements; amending s. 163.3191, F.S.;
exempting from a prohibition on plan amendments certain
amendments to local comprehensive plans concerning the
integration of port master plans; amending s. 163.3229,
F.S.; extending the duration of a development agreement
from 10 years to 20 years; amending s. 380.06, F.S.;
extending the buildout and expiration dates for certain
projects that are developments of regional impact;
amending s. 704.06, F.S.; providing that all provisions of
a conservation easement shall survive and remain
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enforceable after the issuance of a tax deed; authorizing
two or more counties, or a combination of at least one
county and municipality, to establish a tax increment area
for conservation lands by interlocal agreement; providing
requirements for such an interlocal agreement; requiring
that a tax increment be determined annually; limiting the
amount of the tax increment; requiring the establishment
of a separate reserve account for each tax increment area;
providing for a refund; requiring an annual audit of the
separate reserve account; providing for the administration
of the separate reserve account; providing that the
governmental body that administers the separate reserve
account may spend revenues from the tax increment to
purchase real property only if all parties to the
interlocal agreement adopt a resolution that approves the
purchase price; providing that a water management district
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may be a party to the interlocal agreement; requiring
certain approvals from the Department of Environmental
Protection and the Department of Community Affairs;
providing a comparative standard on which the minimum
annual funding of the separate reserve account must be
based; requiring a taxing authority that does not pay tax
increment revenues to the separate reserve account before
a specified date to pay a specified amount of interest on
the amount of unpaid increment revenues; providing
exemptions for certain public bodies, taxing authorities,
school districts and special districts; providing that
revenue bonds may be paid only from revenues deposited
into the separate reserve account; providing that such
revenue bonds are not a debt, liability, or obligation of
the state or any public body; providing legislative
findings; creating s. 163.3182, F.S.; providing for the
creation of transportation concurrency backlog
authorities; providing powers and responsibilities of such
authorities; providing for transportation concurrency
backlog plans; providing for the issuance of revenue bonds
for certain purposes; providing for the establishment of a
local trust fund within each county or municipality having
an identified transportation concurrency backlog;
providing exemptions from transportation concurrency
requirements; providing for the satisfaction of
concurrency requirements; providing for dissolution of
transportation concurrency backlog authorities;
designating the Community Workforce Housing Innovation
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pilot Program as the "Representative Mike Davis Community
Workforce Housing Innovation pilot Program"; providing
rulemaking authority to the Department of Community
Affairs; creating s. 163.32465, F.S.; providing for a
pilot program to provide a plan review process for certain
densely developed areas; providing legislative findings;
providing for exempting certain local governments from
compliance review by the state land planning agency;
authorizing certain municipalities to not participate in
the program; providing procedures and requirements for
adopting comprehensive plan amendments in such areas;
requiring public hearings; providing hearing requirements;
providing requirements for local government transmittal of
proposed plan amendments; providing for intergovernmental
review; providing for regional, county, and municipal
review; providing requirements for local government review
of certain comments; providing requirements for adoption
and transmittal of plan amendments; providing procedures
and requirements for challenges to compliance of adopted
plan amendments; providing for administrative hearings;
providing for applicability of program provisions;
requiring the Office of Program Policy Analysis and
Governmental Accountability to evaluate the pilot program
and prepare and submit a report to the Governor and
Legislature; providing report requirements; establishing
four full-time equivalent planning positions; providing an
appropriation; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
Section 1.
Subsections (26) and (32) of section 163.3164,
Florida Statutes, are amended to read:
163.3164 Local Government Comprehensive Planning and Land
Development Regulation Act; definitions.--As used in this act:
(26) "Urban redevelopment" means demolition and
reconstruction or substantial renovation of existing buildings
or infrastructure within urban infill areas~ er existing urban
service areas, or community redevelopment areas created pursuant
to part III.
(32) "Financial feasibility" means that sufficient
revenues are currently available or will be available from
committed funding sources for the first 3 years, or will be
available from committed or planned funding sources for years 4
and 5, of a 5-year capital improvement schedule for financing
capital improvements, such as ad valorem taxes, bonds, state and
federal funds, tax revenues, impact fees, and developer
contributions, which are adequate to fund the projected costs of
the capital improvements identified in the comprehensive plan
necessary to ensure that adopted level-of-service standards are
achieved and maintained within the period covered by the 5-year
schedule of capital improvements. A comprehensive plan shall be
deemed financially feasible for transportation and school
facilities throughout the planning period addressed by the
capital improvements schedule if it can be demonstrated that the
level-of-service standards will be achieved and maintained by
the end of the planning period even if in a particular year such
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141 improvements are not concurrent as required by s. 163.3180. ~
142 requirement that le~el of service otandardo be achieved and
143 maintained ohi:lll not a]8ply if the proportionato ohare proccoo
144 set forth in 8. 1C3.3180(12) and (lC) io uood.
145
Section 2. Subsections (2) and (3) of section 163.3177,
146 Florida Statutes, are amended to read:
147
163.3177 Required and optional elements of comprehensive
148 plan; studies and surveys.--
149
(2) Coordination of the several elements of the local
150 comprehensive plan shall be a major objective of the planning
151 process. The several elements of the comprehensive plan shall
152
153
be consistent, and the comprehensive plan shall be financially
feasible. Financial feasibility shall be determined using
professionally accepted methodologies and applies to the 5-year
planning period, except in the case of a long-term
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155
156 transportation or school concurrency management system, in which
157 case a 10-year or IS-year period applies.
158
(3) (a) The comprehensive plan shall contain a capital
159 improvements element designed to consider the need for and the
160 location of public facilities in order to encourage the
161 efficient use utili~ation of such facilities and set forth:
162
1. A component that ',;hich outlines principles for
163 construction, extension, or increase in capacity of public
164 facilities, as well as a component that ',lhich outlines
165 principles for correcting existing public facility deficiencies,
166 which are necessary to implement the comprehensive plan. The
167 components shall cover at least a 5-year period.
168
2. Estimated public facility costs, including a
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169 delineation of when facilities will be needed, the general
170 location of the facilities, and projected revenue sources to
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171 fund the facilities.
3.
Standards to ensure the availability of public
173 facilities and the adequacy of those facilities including
174 acceptable levels of service.
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4. Standards for the management of debt.
5. A schedule of capital improvements which includes
publicly funded projects, and which may include privately funded
projects for which the local government has no fiscal
responsibility, necessary to ensure that adopted level-of-
service standards are achieved and maintained. For capital
improvements that will be funded by the developer, financial
feasibility shall be demonstrated by being guaranteed in an
enforceable development agreement or interlocal agreement
pursuant to paragraph (10) (h), or other enforceable agreement.
These development agreements and inter local agreements shall be
reflected in the schedule of capital improvements if the capital
improvement is necessary to serve development within the 5-year
schedule. If the local government uses planned revenue sources
that require referenda or other actions to secure the revenue
190 source, the plan must, in the event the referenda are not passed
191 or actions do not secure the planned revenue source, identify
192 other existing revenue sources that will be used to fund the
193 capital projects or otherwise amend the plan to ensure financial
194 feasibility.
195
6.
The schedule must include transportation improvements
196 included in the applicable metropolitan planning organization's
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197 transportation improvement program adopted pursuant to s.
198 339.175(7) to the extent that such improvements are relied upon
199 to ensure concurrency and financial feasibility. The schedule
200 must also be eoordinated with the applicable metropolitan
201 planning organization's long-range transportation plan adopted
202 pursuant to s. 339.175(6).
203
(b)l. The capital improvements element must ohall be
204 reviewed on an annual basis and modified as necessary in
205 accordance with s. 163.3187 or s. 163.3189 in order to maintain
206 a financially feasible 5-year schedule of capital improvements.
207 Corrections and modifications concerning costs; revenue sources;
208 or acceptance of facilities pursuant to dedications which are
209 consistent with the plan may be accomplished by ordinance and
- 210 shall not be deemed to be amendments to the local comprehensive
211 plan. A copy of the ordinance shall be transmitted to the state
212 land planning agency. An amendment to the comprehensive plan is
213 required to update the schedule on an annual basis or to
214 eliminate, defer, or delay the construction for any facility
215 listed in the 5-year schedule. All public facilities must ohall
216 be consistent with the capital improvements element. Amendments
217 to implement this section must be adopted and transmitted no
218 later than December 1, 2008 ~. Thereafter, a local government
219 may not amend its future land use map, except for plan
220 amendments to meet new requirements under this part and
221 emergency amendments pursuant to s. 163.3187(1) (a), after
222 December 1, 2008 ~, and every year thereafter, unless and
223 until the local government has adopted the annual update and it
224 has been transmitted to the state land planning agency.
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225 2. Capital improvements element amendments adopted after
226 the effective date of this act shall require only a single
227 public hearing before the governing board which shall be an
228 adoption hearing as described in s. 163.3184(7). Such amendments
229 are not subject to the requirements of s. 163.3184(3)-(6).
230 (c) If the local government does not adopt the required
231 annual update to the schedule of capital improvements or the
232 annual update io found not in cOffi~liancc, the state land
233 planning agency must notify the Administration Commission. A
234 local government that has a demonstrated lack of commitment to
235 meeting its obligations identified in the capital improvements
236 element may be subject to sanctions by the Administration
237 Commission pursuant to s. 163.3184 (11) .
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(d) If a local government adopts a long-term concurrency
239 management system pursuant to s. 163.3180(9), it must also adopt
240 a long-term capital improvements schedule covering up to a 10-
241 year or IS-year period, and must update the long-term schedule
242 annually. The long-term schedule of capital improvements must be
243 financially feasible.
244 (el At the discretion of the local government and
245 notwithstanding the requirements of this subsection, a
246 comprehensive plan, as revised by an amendment to the plan's
247 future land use map, shall be deemed to be financially feasible
248 and to have achieved and maintained level-of-service standards
249 as required by this section with respect to transportation
250 facilities if the amendment to the future land use map is
251 supported by a:
252
1. Condition in a development order for a development of
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253 regional impact or binding agreement that addresses
254 proportionate-share mitigation consistent with s. 163.3180(12);
255 or
256
2.
Binding agreement addressing proportionate fair-share
257 mitigation consistent with s. 163.3180(16) (f) and the property
258 subject to the amendment to the future land use map is located
259 within an area designated in a comprehensive plan for urban
260 infill, urban redevelopment, downtown revitalization, urban
261 infill and redevelopment, or an urban service area. The binding
262 agreement must be based on the maximum amount of development
263 identified by the future land use map amendment or as may be
264 otherwise restricted through a special area plan policy or map
265 notation in the comprehensive plan.
266
Section 3.
Paragraph (b) of subsection (4), subsections
267 (5), (12), paragraph (e) of subsection (13), and subsection (16)
268 of section 163.3180, Florida Statutes, are amended to read:
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163.3180 Concurrency.--
(4)
(b)
The concurrency requirement as implemented in local
272 comprehensive plans does not apply to public transit facilities.
273 For the purposes of this paragraph, public transit facilities
274 include transit stations and terminals~T transit station
275 parking~T park-and-ride 10ts~T intermodal public transit
276 connection or transfer facilities~, Gild fixed bus, guideway, and
277 rail stations; and airport passenger terminals and concourses,
278 air cargo facilities, and hangars for the maintenance or storage
279 of aircraft. As used in this paragraph, the terms "terminals"
280 and "transit facilities" do not include air]3orto or seaports or
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281 commercial or residential development constructed in conjunction
282 with a public transit facility.
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(5) (a)
The Legislature finds that under limited
circumstances dealing with transportation facilities,
countervailing planning and public policy goals may come into
conflict with the requirement that adequate public facilities
and services be available concurrent with the impacts of such
development. The Legislature further finds that often the
unintended result of the concurrency requirement for
transportation facilities is the discouragement of urban infill
development and redevelopment. Such unintended results directly
conflict with the goals and policies of the state comprehensive
plan and the intent of this part. Therefore, exceptions from the
concurrency requirement for transportation facilities may be
granted as provided by this subsection.
(b) A local government may grant an exception from the
297 concurrency requirement for transportation facilities if the
298 proposed development is otherwise consistent with the adopted
299 local government comprehensive plan and is a project that
300 promotes public transportation or is located within an area
301 designated in the comprehensive plan for:
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I. Urban infill development~T
2. Urban redevelopment~T
3. Downtown revitalization~,-er
4. Urban infill and redevelopment under s. 163.2517; or~
5. An urban service area specifically designated as a
307 transportation-concurrency-exception area which includes lands
308 appropriate for compact, contiguous urban development, which
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309 does not exceed the amount of land needed to accommodate the
310 projected population growth at densities consistent with the
311 adopted comprehensive plan within the 10-year planning period,
312 and which is served or is planned to be served with public
313 facilities and services as provided by the capital improvements
314 element.
315
(c) The Legislature also finds that developments located
316 within urban infill, urban redevelopment, existing urban
317 service, or downtown revitalization areas or areas designated as
318 urban infill and redevelopment areas under s. 163.2517 which
319 pose only special part-time demands on the transportation system
320 should be excepted from the concurrency requirement for
321 transportation facilities. A special part-time demand is one
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that does not have more than 200 scheduled events during any
calendar year and does not affect the 100 highest traffic volume
hours.
(d) A local government shall establish guidelines in the
326 comprehensive plan for granting the exceptions authorized in
327 paragraphs (b) and (c) and subsections (7) and (IS) which must
328 be consistent with and support a comprehensive strategy adopted
329 in the plan to promote the purpose of the exceptions.
330
(e) The local government shall adopt into the plan and
331 implement long-term strategies to support and fund mobility
332 within the designated exception area, including alternative
333 modes of transportation. The plan amendment must ohall also
334 demonstrate how strategies will support the purpose of the
335 exception and how mobility within the designated exception area
336 will be provided. In addition, the strategies must address
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337 urban design; appropriate land use mixes, including intensity
338 and density; and network connectivity plans needed to promote
339 urban infill, redevelopment, or downtown revitalization. The
340 comprehensive plan amendment designating the concurrency
341 exception area must ohall be accompanied by data and analysis
342 justifying the size of the area.
343
(f) Prior to the designation of a concurrency exception
344 area, the state land planning agency and the Department of
345 Transportation shall be consulted by the local government to
346 assess the impact that the proposed exception area is expected
347 to have on the adopted level-of-service standards established
348 for Strategic Intermodal System facilities, as defined in s.
349 339.64, and roadway facilities funded in accordance with s.
150 339.2819. Further, the local government shall, in consultation
351 cooperation with the state land planning agency and the
352 Department of Transportation, develop a plan to mitigate any
353 impacts to the Strategic Intermodal System, including, if
354 appropriate, the development of a long-term concurrency
355 management system pursuant to subsection (9) and s.
356 163.3177(3) (d). The exceptions may be available only within the
357 specific geographic area of the jurisdiction designated in the
358 plan. Pursuant to s. 163.3184, any affected person may challenge
359 a plan amendment establishing these guidelines and the areas
360 within which an exception could be granted.
361
(g) Transportation concurrency exception areas existing
362 prior to July 1, 2005, must ohall meet, at a minimum, meet the
363 provisions of this section by July 1, 2006, or at the time of
364 the comprehensive plan update pursuant to the evaluation and
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366
365 appraisal report, whichever occurs last.
(12) \>lhen Quthori~ed by a local eomprehcnoi':e plan, A
367 multiuoe development of regional impact may satisfy the
368 transportation concurrency requirements of the local
369 comprehensive plan, the local government's concurrency
370 management system, and s. 380.06 by payment of a proportionate-
371 share contribution for local and regionally significant traffic
372 impacts, if:
373 (a) 'fRe development of regional impact meets or exceedo
374
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tRC guidelineo aad otandardo of o. J80.0C51(J) (h) and rulc 28
21.0J2(2), Florida ~dminiotrati~e Code, and includeD a
reoidential component that containo at leaot 100 reoidential
d',:elling unito or IS percent of the applicable residential
guidclinc and otandard, ',Jhichevcr io grcater,
(a)+fr} The development of regional impact which, based on
380 its location or mix of land uses, containo an iategratcd mix of
381 land uoeo and is designed to encourage pedestrian or other
382 nonautomotive modes of transportation;
383
(b)+e} The proportionate-share contribution for local and
384 regionally significant traffic impacts is sufficient to pay for
385 one or more required mobility improvements that will benefit a
386 regionally significant transportation facility;
387
~+a} The owner and developer of the development of
388 regional impact pays or assures payment of the proportionate-
389 share contribution; and
390
(d)+e} If the regionally significant transportation
391 facility to be constructed or improved is under the maintenance
392 authority of a governmental entity, as defined by s. 334.03(12),
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393 other than the local government with jurisdiction over the
394 development of regional impact, the developer is required to
395 enter into a binding and legally enforceable commitment to
396 transfer funds to the governmental entity having maintenance
397 authority or to otherwise assure construction or improvement of
398 the facility.
399
400 The proportionate-share contribution may be applied to any
401 transportation facility to satisfy the provisions of this
402 subsection and the local comprehensive plan, but, for the
403 purposes of this subsection, the amount of the proportionate-
404 share contribution shall be calculated based upon the cumulative
405 number of trips from the proposed development expected to reach
\06 roadways during the peak hour from the complete buildout of a
407 stage or phase being approved, divided by the change in the peak
408 hour maximum service volume of roadways resulting from
409 construction of an improvement necessary to maintain the adopted
410 level of service, multiplied by the construction cost, at the
411 time of developer payment, of the improvement necessary to
412 maintain the adopted level of service. For purposes of this
413 subsection, "construction cost" includes all associated costs of
414 the improvement. Proportionate-share mitigation shall be limited
415 to ensure that a development of regional impact meeting the
416 requirements of this subsection mitigates its impact on the
417 transportation system but is not responsible for the additional
418 cost of reducing or eliminating backlogs. This subsection also
419 applies to Florida Quality Developments pursuant to s. 380.061
420 and to detailed specific area plans implementing optional sector
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421 plans pursuant to s. 163.3245.
422
(13) School concurrency shall be established on a
423 districtwide basis and shall include all public schools in the
424 district and all portions of the district, whether located in a
425 municipality or an unincorporated area unless exempt from the
426 public school facilities element pursuant to s. 163.3177(12).
427 The application of school concurrency to development shall be
428 based upon the adopted comprehensive plan, as amended. All local
429 governments within a county, except as provided in paragraph
430 (f), shall adopt and transmit to the state land planning agency
431 the necessary plan amendments, along with the interlocal
432 agreement, for a compliance review pursuant to s. 163.3184(7)
433 and (8). The minimum requirements for school concurrency are the
'34 following:
435 (e) Availability standard.--Consistent with the public
436 welfare, a local government may not deny an application for site
437 plan, final subdivision approval, or the functional equivalent
438 for a development or phase of a development authorizing
439 residential development for failure to achieve and maintain the
440 level-of-service standard for public school capacity in a local
441 school concurrency management system where adequate school
442 facilities will be in place or under actual construction within
443 3 years after the issuance of final subdivision or site plan
444 approval, or the functional equivalent. School concurrency is
445 ohall be satisfied if the developer executes a legally binding
446 commitment to provide mitigation proportionate to the demand for
447 public school facilities to be created by actual development of
448 the property, including, but not limited to, the options
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449 described in subparagraph I. Options for proportionate-share
450 mitigation of impacts on public school facilities must ohall be
451 established in the public school facilities element and the
452 interlocal agreement pursuant to s. 163.31777.
453
I. Appropriate mitigation options include the contribution
454 of land; the construction, expansion, or payment for land
455 acquisition or construction of a public school facility; or the
456 creation of mitigation banking based on the construction of a
457 public school facility in exchange for the right to sell
458 capacity credits. Such options must include execution by the
459 applicant and the local government of a bincling development
460 agreement that constitutes a legally binding commitment to pay
461 proportionate-share mitigation for the additional residential
462 units approved by the local government in a development order
463 and actually developed on the property, taking into account
464 residential density allowed on the property prior to the plan
465 amendment that increased the overall residential density. The
466 district school board must ohall be a party to such an
467 agreement. As a condition of its entry into such a development
468 agreement, the local government may require the landowner to
469 agree to continuing renewal of the agreement upon its
470 expiration.
471
2.
If the education facilities plan and the public
472 educational facilities element authorize a contribution of land;
473 the construction, expansion, or payment for land acquisition; or
474 the construction or expansion of a public school facility, or a
475 portion thereof, as proportionate-share mitigation, the local
476 government shall credit such a contribution, construction,
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477 expansion, or payment toward any other impact fee or exaction
478 imposed by local ordinance for the same need, on a dollar-for-
479 dollar basis at fair market value.
480
3. Any proportionate-share mitigation must be directed by
481 the school board toward a school capacity improvement identified
482 in a financially feasible 5-year district work plan that aH4
483 ,;hich satisfies the demands created by the ~ development in
484 accordance with a binding developer's agreement.
485
4 .
If a development is precluded from commencing because
486 there is inadequate classroom capacity to mitigate the impacts
487 of the development, the development may nevertheless commence if
488 there are accelerated facilities in an approved capital
489 improvement element scheduled for construction in year four or
'90 later of such plan which, when built, will mitigate the proposed
491 development, or if such accelerated facilities will be in the
492 next annual update of the capital facilities element, the
493 developer enters into a binding, financially guaranteed
494 agreement with the school district to construct an accelerated
495 facility within the first 3 years of an approved capital
496 improvement plan, and the cost of the school facility is equal
497 to or greater than the development's proportionate share. When
498 the completed school facility is conveyed to the school
499 district, the developer shall receive impact fee credits usable
500 within the zone where the facility is constructed or any
501 attendance zone contiguous with or adjacent to the zone where
502 the facility is constructed.
503
5.~ This paragraph does not limit the authority of a
504 local government to deny a development permit or its functional
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50S equivalent pursuant to its home rule regulatory powers, except
506 as provided in this part.
507
(16) It is the intent of the Legislature to provide a
508 method by which the impacts of development on transportation
509 facilities can be mitigated by the cooperative efforts of the
510 public and private sectors. The methodology used to calculate
511 proportionate fair-share mitigation under this section shall be
512 as provided for in subsection (12).
513
(a) By December 1, 2006, each local government shall adopt
514 by ordinance a methodology for assessing proportionate fair-
515 share mitigation options. By December 1, 2005, the Department of
516 Transportation shall develop a model transportation concurrency
517 management ordinance with methodologies for assessing
518 proportionate fair-share mitigation options.
519
(b)l. In its transportation concurrency management system,
520 a local government shall, by December 1, 2006, include
521 methodologies that will be applied to calculate proportionate
522 fair-share mitigation. A developer may choose to satisfy all
523 transportation concurrency requirements by contributing or
524 paying proportionate fair-share mitigation if transportation
525 facilities or facility segments identified as mitigation for
526 traffic impacts are specifically identified for funding in the
527 5-year schedule of capital improvements in the capital
528 improvements element of the local plan or the long-term
529 concurrency management system or if such contributions or
530 payments to such facilities or segments are reflected in the 5-
531 year schedule of capital improvements in the next regularly
532 scheduled update of the capital improvements element. Updates to
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533 the 5-year capital improvements element which reflect
534 proportionate fair-share contributions may not be found not in
535 compliance based on ss. 163.3164(32) and 163.3177(3) if
536 additional contributions, payments or funding sources are
537 reasonably anticipated during a period not to exceed 10 years to
538 fully mitigate impacts on the transportation facilities.
539
2.
Proportionate fair-share mitigation shall be applied as
540 a credit against impact fees to the extent that all or a portion
541 of the proportionate fair-share mitigation is used to address
542 the same capital infrastructure improvements contemplated by the
543 local government's impact fee ordinance.
544
(c)
Proportionate fair-share mitigation includes, without
545 limitation, separately or collectively, private funds,
,46 contributions of land, and construction and contribution of
547 facilities and may include public funds as determined by the
548 local government. Proportionate fair-share mitigation may be
549 directed toward one or more specific transportation improvements
550 reasonably related to the mobility demands created by the
551 development and such improvements may address one or more modes
552 of travel. The fair market value of the proportionate fair-share
553 mitigation shall not differ based on the form of mitigation. A
554 local government may not require a development to pay more than
555 its proportionate fair-share contribution regardless of the
556 method of mitigation. proportionate fair-share mitigation shall
557 be limited to ensure that a development meeting the requirements
558 of this section mitigates its impact on the transportation
559 system but is not responsible for the additional cost of
560 reducing or eliminating backlogs.
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561
(d)
Nothing in This subsection does not ohall require a
562 local government to approve a development that is not otherwise
563 qualified for approval pursuant to the applicable local
564 comprehensive plan and land development regulations.
565
(e)
Mitigation for development impacts to facilities on
566 the Strategic Intermodal System made pursuant to this subsection
567 requires the concurrence of the Department of Transportation.
568
(f)
If In the evcnt the funds in an adopted 5-year capital
569 improvements element are insufficient to fully fund construction
570 of a transportation improvement required by the local
571 government's concurrency management system, a local government
572 and a developer may still enter into a binding proportionate-
573 share agreement authorizing the developer to construct that
,74 amount of development on which the proportionate share is
575 calculated if the proportionate-share amount in such agreement
576 is sufficient to pay for one or more improvements which will, in
577 the opinion of the governmental entity or entities maintaining
578 the transportation facilities, significantly benefit the
579 impacted transportation system. The impro~emcnt or improvements
580 funded by the proportionate-share component must be adopted into
581 the 5-year capital improvements schedule of the comprehensive
582 plan at the next annual capital improvements element update. The
583 funding of any improvements that significantly benefit the
584 impacted transportation system satisfies concurrency
585 requirements as a mitigation of the development's impact upon
586 the overall transportation system even if there remains a
587 failure of concurrency on other impacted facilities.
588
(g)
Except as provided in subparagraph (b) 1., nothing in
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589 this section may not ohall prohibit the Department of Community
590 Affairs from finding other portions of the capital improvements
591 element amendments not in compliance as provided in this
592 chapter.
593 (h) The provisions of this subsection do not apply to a
594 multiuoc development of regional impact satisfying the
595 requirements of subsection (12).
596 section 4. Subsection (14) is added to section 163.3191,
597 Florida Statutes, to read:
598 163.3191 Evaluation and appraisal of comprehensive plan.--
599 (14) The requirement of subsection (10) prohibiting a
600 local government from adopting amendments to the local
601 comprehensive plan until the evaluation and appraisal report
602 update amendments have been adopted and transmitted to the state
603 land planning agency does not apply to a plan amendment proposed
604 for adoption by the appropriate local government as defined in
60S s. 163.3178(2)(k) in order to integrate a port comprehensive
606 master plan with the coastal management element of the local
607 comprehensive plan as required by s. 163.3178(2) (k) if the port
608 comprehensive master plan or the proposed plan amendment does
609 not cause or contribute to the failure of the local government
610 to comply with the requirements of the evaluation and appraisal
611 report.
612 Section 5. Section 163.3229, Florida Statutes, is amended
613 to read:
614 163.3229 Duration of a development agreement and
615 relationship to local comprehensive plan.--The duration of a
616 development agreement shall not exceed 20 ~ years. It may be
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617 extended by mutual consent of the governing body and the
618 developer, subject to a public hearing in accordance with s.
619 163.3225. No development agreement shall be effective or be
620 implemented by a local government unless the local government's
621 comprehensive plan and plan amendments implementing or related
622 to the agreement are found in compliance by the state land
623 planning agency in accordance with s. 163.3184, s. 163.3187, or
624 s. 163.3189.
625
Section 6. paragraph (c) of subsection (19) of section
626 380.06, Florida Statutes, is amended to read:
627
380.06 Developments of regional impact.--
628
629
(19) SUBSTANTIAL DEVIATIONS.--
(c) An extension of the date of buildout of a development,
- 630 or any phase thereof, by more than 7 years is ohall bc presumed
631 to create a substantial deviation subject to further
632 development-of-regional-impact review. An extension of the date
633 of buildout, or any phase thereof, of more than 5 years but not
634 more than 7 years is ohall be presumed not to create a
635 substantial deviation. The extension of the date of buildout of
636 an areawide development of regional impact by more than 5 years
637 but less than 10 years is presumed not to create a substantial
638 deviation. These presumptions may be rebutted by clear and
639 convincing evidence at the public hearing held by the local
640 government. An extension of 5 years or less is not a substantial
641 deviation. For the purpose of calculating when a buildout or
642 phase date has been exceeded, the time shall be tolled during
643 the pendency of administrative or judicial proceedings relating
644 to development permits. Any extension of the buildout date of a
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645 project or a phase thereof shall automatically extend the
646 commencement date of the project, the termination date of the
647 development order, the expiration date of the development of
648 regional impact, and the phases thereof if applicable by a like
649 period of time. In recognition of the 2007 real estate market
650 conditions, all phase, buildout, and expiration dates for
651 projects that are developments of regional impact and under
652 active construction on July 1, 2007, are extended for 3 years
653 regardless of any prior extension. The 3-year extension is not a
654 substantial deviation, is not subject to further development-of-
655 regional-impact review, and may not be considered when
656 determining whether a subsequent extension is a substantial
657 deviation under this subsection.
658 Section 7. Subsection (4) of section 704.06, Florida
659 Statutes, is amended to read:
660 704.06 Conservation easements; creation; acquisition;
661 enforcement.--
662 (4) Conservation easements shall run with the land and be
663 binding on all subsequent owners of the servient estate.
664 Notwithstanding the provisions of s. 197.552, all provisions of
665 a conservation easement shall survive and are enforceable after
666 the issuance of a tax deed. No conservation easement shall be
667 unenforceable on account of lack of privity of contract or lack
668 of benefit to particular land or on account of the benefit being
669 assignable. Conservation easements may be enforced by injunction
670 or proceeding in equity or at law, and shall entitle the holder
671 to enter the land in a reasonable manner and at reasonable times
672 to assure compliance. A conservation easement may be released
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673 by the holder of the easement to the holder of the fee even
674 though the holder of the fee may not be a governmental body or a
675 charitable corporation or trust.
676
section 8.
Tax increment financing for conservation
677 lands.--
678
(1)
Two or more counties, or a combination of at least one
679 county and one or more municipalities, may establish, through an
680 interlocal agreement, a tax increment area for conservation
681 lands. The interlocal agreement, at a minimum, must:
682
(a)
Identify the geographic boundaries of the tax
683 increment area;
684
(b)
Identify the real property to be acquired as
685 conservation land within the tax increment area;
686
(c)
Establish the percentage of tax increment financing
687 for each jurisdiction in the tax increment area which is a party
688 to the interlocal agreement;
689
(d)
Identify the governing body of the jurisdiction that
690 will administer a separate reserve account in which the tax
691 increment will be deposited;
692
(e)
Require that any tax increment revenues not used to
693 purchase conservation lands by a date certain be refunded to the
694 parties to the interlocal agreement. Any refund shall be
695 proportionate to the parties' payment of tax increment revenues
696 into the separate reserve account;
697
(f)
Provide for an annual audit of the separate reserve
698 account;
699
(g)
Designate an entity to hold title to any conservation
700 lands purchased using the tax increment revenues;
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701 (h) Provide for a continuing management plan for the
702 conservation lands; and
703
(i) Identify the entity that will manage these
704 conservation lands.
70S (2) The water management district in which conservation
706 lands proposed for purchase under this section are located may
707 also enter into the interlocal agreement if the district
708 provides any funds for the purchase of the conservation lands.
709 The water management districts may only use ad valorem tax
710 revenues for agreements described within this section.
711 (3) The governing body of the jurisdiction that will
712 administer the separate reserve account shall provide
713 documentation to the Department of Community Affairs identifying
714 the boundary of the tax increment area. The department shall
715 determine whether the boundary is appropriate in that property
716 owners within the boundary will receive a benefit from the
717 proposed purchase of identified conservation lands. The
718 department must issue a letter of approval stating that the
719 establishment of the tax increment area and the proposed
720 purchases would benefit property owners within the boundary and
721 serve a public purpose before any tax increment funds are
722 deposited into the separate reserve account. If the department
723 fails to provide the required letter within 90 days after
724 receiving sufficient documentation of the boundary, the
725 establishment of the area and the proposed purchases are deemed
726 to provide such benefit and serve a public purpose.
727 (4) Prior to the purchase of conservation lands under this
728 section, the Department of Environmental Protection must
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729 determine whether the proposed purchase is sufficient to provide
730 additional recreational and ecotourism opportunities for
731 residents in the tax increment area. If the department fails to
732 provide a letter of approval within 90 days after receipt of the
733 request for such a letter, the purchase is deemed sufficient to
734 provide recreation and ecotourism opportunities.
735 (5) The tax increment authorized under this section shall
736 be determined annually and may not exceed 95 percent of the
737 difference in ad valorem taxes as provided in s. 163.387(1) (a) ,
738 Florida Statutes.
739 (6) A separate reserve account must be established for
740 each tax increment area for conservation lands which is created
741 under this section. The separate reserve account must be
742 administered pursuant to the terms of the interlocal agreement.
743 Tax increment funds allocated to this separate reserve account
744 shall be used to acquire the real property identified for
745 purchase in the inter local agreement. Pursuant to the interlocal
746 agreement, the governing body of the local government that will
747 administer the separate reserve account may spend increment
748 revenues to purchase the real property only if all parties to
749 the interlocal agreement adopt a resolution approving the
750 purchase price.
751 (7) The annual funding of the separate reserve account may
752 not be less than the increment income of each taxing authority
753 which is held as provided in the inter local agreement for the
754 purchase of conservation lands.
755 (8) Unless otherwise provided in the interlocal agreement,
756 a taxing authority that does not pay the tax increment revenues
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757 to the separate reserve account by January 1 shall pay interest
758 on the amount of unpaid increment revenues equal to 1 percent
759 for each month that the increment revenue remains outstanding.
760
(9)
The public bodies and taxing authorities listed in s.
761 163.387 (2) (c), Florida Statutes, school districts and special
762 districts that levy ad valorem taxes within a tax increment area
763 are exempt from this section.
764
(10)
Revenue bonds under this section are payable solely
765 out of revenues pledged to and received by the local government
766 administering the separate reserve account and deposited into
767 the separate reserve account. The revenue bonds issued under
768 this section do not constitute a debt, liability, or obligation
769 of a public body, the state, or any of the state's political
770 subdivisions.
771
section 9. The Legislature finds that an inadequate supply
772 of conservation lands limits recreational opportunities and
773 negatively impacts the economy, health, and welfare of the
774 surrounding community. The Legislature also finds that acquiring
775 conservation lands for recreational opportunities and ecotourism
776 serves a valid public purpose.
777
Section 10.
Section 163.3182, Florida Statutes, is created
778 to read:
779
780
781
163.3182 Transportation concurrency backlogs.--
(1)
(a)
DEFINITIONS.--For purposes of this section, the term:
"Transportation concurrency backlog area" means the
782 geographic area within the unincorporated portion of a county or
783 within the municipal boundary of a municipality designated in a
784 local government comprehensive plan for which a transportation
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785 concurrency backlog authority is created pursuant to this
786 section. A transportation concurrency backlog area created
787 within the corporate boundary of a municipality shall be made
788 pursuant to an interlocal agreement between a county, a
789 municipality or municipalities, and any affected taxing
790 authority or authorities.
791 (b) "Authority" or "transportation concurrency backlog
792 authority" means the governing body of a county or municipality
793 within which an authority is created.
794 (c) "Governing body" means the council, commission, or
795 other legislative body charged with governing the county or
796 municipality within which a transportation concurrency backlog
797 authority is created pursuant to this section.
798
799
800
801
802
803
804
80S
806
807
808
809
810
811
812
(d)
"Transportation concurrency backlog" means an
identified deficiency where the existing extent of traffic
volume exceeds the level of service standard adopted in a local
government comprehensive plan for a transportation facility.
(e) "Transportation concurrency backlog plan" means the
plan adopted as part of a local government comprehensive plan by
the governing body of a county or municipality acting as a
transportation concurrency backlog authority.
(f) "Transportation concurrency backlog project" means any
designated transportation project identified for construction
within the jurisdiction of a transportation concurrency backlog
authority.
(g) "Debt service millage" means any millage levied
pursuant to s. 12, Art. VII of the State Constitution.
(h) "Increment revenue" means the amount calculated
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813 pursuant to subsection (5).
814
( i)
"Taxing authority" means a public body that levies or
815 is authorized to levy an ad valorem tax on real property located
816 within a transportation concurrency backlog area, except a
817 school district.
818
(2) CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
819 AUTHORITIES.--
(a) A county or municipality may create a transportation
820
821 concurrency backlog authority if it has an identified
822 transportation concurrency backlog.
823
(b) Acting as the transportation concurrency backlog
824 authority within the authority's jurisdictional boundary, the
825 governing body of a county or municipality shall adopt and
g26 implement a plan to eliminate all identified transportation
827 concurrency backlogs within the authority's jurisdiction using
828 funds provided pursuant to subsection (5) and as otherwise
829 provided pursuant to this section.
830
(3 )
POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
831 AUTHORITY.--Each transportation concurrency backlog authority
832 has the powers necessary or convenient to carry out the purposes
833 of this section, including the following powers in addition to
834 others granted in this section:
835
(a) To make and execute contracts and other instruments
836 necessary or convenient to the exercise of its powers under this
837 section.
838
(b) To undertake and carry out transportation concurrency
839 backlog projects for transportation facilities that have a
840 concurrency backlog within the authority's jurisdiction.
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841 Concurrency backlog projects may include transportation
842 facilities that provide for alternative modes of travel
843 including sidewalks, bikeways, and mass transit which are
844 related to a backlogged transportation facility.
845
(c)
To invest any transportation concurrency backlog funds
846 held in reserve, sinking funds, or any such funds not required
847 for immediate disbursement in property or securities in which
848 savings banks may legally invest funds subject to the control of
849 the authority and to redeem such bonds as have been issued
850 pursuant to this section at the redemption price established
851 therein, or to purchase such bonds at less than redemption
852 price. All such bonds redeemed or purchased shall be canceled.
853
(d)
To borrow money, apply for and accept advances, loans,
854 grants, contributions, and any other forms of financial
855 assistance from the Federal Government or the state, county, or
856 any other public body or from any sources, public or private,
857 for the purposes of this part, to give such security as may be
858 required, to enter into and carry out contracts or agreements,
859 and to include in any contracts for financial assistance with
860 the Federal Government for or with respect to a transportation
861 concurrency backlog project and related activities such
862 conditions imposed pursuant to federal laws as the
863 transportation concurrency backlog authority considers
864 reasonable and appropriate and which are not inconsistent with
865 the purposes of this section.
866
(e)
To make or have made all surveys and plans necessary
867 to the carrying out of the purposes of this section, to contract
868 with any persons, public or private, in making and carrying out
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869 such plans, and to adopt, approve, modify, or amend such
870 transportation concurrency backlog plans.
871 (f) To appropriate such funds and make such expenditures
872 as are necessary to carry out the purposes of this section, and
873 to enter into agreements with other public bodies, which
874 agreements may extend over any period notwithstanding any
875 provision or rule of law to the contrary.
876 (4) TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
877 (a) Each transportation concurrency backloq authority
878 shall adopt a transportation concurrency backlog plan as a part
879 of the local government comprehensive plan within 6 months after
880 the creation of the authority. The plan shall:
881 1. Identify all transportation facilities that have been
882 designated as deficient and require the expenditure of moneys to
883 upgrade, modify, or mitigate the deficiency.
884 2. Include a priority listing of all transportation
885 facilities that have been designated as deficient and do not
886 satisfy concurrency requirements pursuant to s. 163.3180, and
887 the applicable local government comprehensive plan.
888 3. Establish a schedule for financing and construction of
889 transportation concurrency backlog projects that will eliminate
890 transportation concurrency backlogs within the jurisdiction of
891 the authority within 10 years after the transportation
892 concurrency backlog plan adoption. The schedule shall be adopted
893 as part of the local government comprehensive plan.
894 (b) The adoption of the transportation concurrency backlog
895 plan shall be exempt from the provisions of s. 163.3187(1).
896
(5) ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
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897 concurrency backlog authority shall establish a local
898 transportation concurrency backlog trust fund upon creation of
899 the authority. Each local trust fund shall be administered by
900 the transportation concurrency backlog authority within which a
901 transportation concurrency backlog has been identified.
902 Beginning in the first fiscal year after the creation of the
903 authority, each local trust fund shall be funded by the proceeds
904 of an ad valorem tax increment collected within each
90S transportation concurrency backlog area to be determined
906 annually and shall be 25 percent of the difference between:
907 (a) The amount of ad valorem tax levied each year by each
908 taxing authority, exclusive of any amount from any debt service
909 millage, on taxable real property contained within the
910 jurisdiction of the transportation concurrency backlog authority
911 and within the transportation backlog area; and
912 (b) The amount of ad valorem taxes which would have been
913 produced by the rate upon which the tax is levied each year by
914 or for each taxing authority, exclusive of any debt service
915 millage, upon the total of the assessed value of the taxable
916 real property within the transportation concurrency backlog area
917 as shown on the most recent assessment roll used in connection
918 with the taxation of such property of each taxing authority
919 prior to the effective date of the ordinance funding the trust
920 fund.
921 (6) EXEMPTIONS. --
922 (a) The following public bodies or taxing authorities are
923 exempt from the provision of this section:
924 I. A special district that levies ad valorem taxes on
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925 taxable real property in more than one county.
926 2. Special district for which the sole available source of
927 revenue is the authority to levy ad valorem taxes at the time an
928 ordinance is adopted under this section. However, revenues or
929 aid that may be dispensed or appropriated to a district as
930 defined in s. 388.011 at the discretion of an entity other than
931 such district shall not be deemed available.
932
933
3. A library district.
4. A neighborhood improvement district created under the
934 Safe Neighborhoods Act.
935
5. A metropolitan transportation authority.
6. A water management district created under s. 373.069.
936
937 7. A community redevelopment agency.
938 (b) A transportation concurrency exemption authority may
939 also exempt from this section a special district that levies ad
940 valorem taxes within the transportation concurrency backlog area
941 pursuant to s. 163.387(2) (d).
942 Section II. The Community Workforce Housing Innovation
943 pilot Program created under s. 420.5095, Florida Statutes, shall
944 be known as the "Representative Mike Davis Community Workforce
945 Housing Innovation pilot Program. "
946 section 12. For the purpose of implementing Specific
947 Appropriation 1661A of the 2007-2008 General Appropriations Act,
948 the Department of Community Affairs may use expedited rulemaking
949 authority in order to implement the distribution of the Local
950 Update Census Addresses (LUCA) technical assistance grants.
951 Section 13. section 163.32465, Florida Statutes, is
952 created to read:
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953
163.32465 State review of local comprehensive plans in
954 urban areas.--
955
956
(1) LEGISLATIVE FINDINGS.--
(a) The Legislature finds that local governments in this
957 state have a wide diversity of resources, conditions, abilities,
958 and needs. The Legislature also finds that the needs and
959 resources of urban areas are different from those of rural areas
960 and that different planning and growth management approaches,
961 strategies, and techniques are required in urban areas. The
962 state role in overseeing growth management should reflect this
963 diversity and should vary based on local government conditions,
964 capabilities, needs, and extent of development. Thus, the
965 Legislature recognizes and finds that reduced state oversight of
166 local comprehensive planning is justified for some local
967 governments in urban areas.
968
(b)
The Legislature finds and declares that this state's
969 urban areas require a reduced level of state oversight because
970 of their high degree of urbanization and the planning
971 capabilities and resources of many of their local governments.
972 An alternative state review process that is adequate to protect
973 issues of regional or statewide importance should be created for
974 appropriate local governments in these areas. Further, the
975 Legislature finds that development, including urban infill and
976 redevelopment, should be encouraged in these urban areas. The
977 Legislature finds that an alternative process for amending local
978 comprehensive plans in these areas should be established with an
979 objective of streamlining the process and recognizing local
980 responsibility and accountability.
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981 (c) The Legislature finds a pilot program will be
982 beneficial in evaluating an alternative, expedited plan
983 amendment adoption and review process. pilot local governments
984 shall represent highly developed counties and the municipalities
985 within these counties and highly populated municipalities.
986 (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.--
987 pinellas and Broward Counties, and the municipalities within
988 these counties, and Jacksonville, Miami, Tampa, and Hialeah,
989 shall follow an alternative state review process provided in
990 this section. Municipalities within the pilot counties may
991 elect, by super majority vote of the governing body, not to
992 participate in the pilot program.
993 (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
994 UNDER THE PILOT PROGRAM.--
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
(a)
Plan amendments adopted by the pilot program
jurisdictions shall follow the alternate, expedited process in
subsections (4) and (5), except as set forth in paragraphs (b)
through (e) of this subsection.
(b) Amendments that qualify as small-scale development
amendments may continue to be adopted by the pilot program
jurisdictions pursuant to ss. 163.3187(1) (c) and (3).
(c) Plan amendments that propose a rural land stewardship
area pursuant to s. 163.3177(11) (d); propose an optional sector
plan; update a comprehensive plan based on an evaluation and
appraisal report; implement new statutory requirements; or new
plans for newly incorporated municipalities are subject to state
review as set forth in s. 163.3184.
(d) pilot program jurisdictions shall be subject to the
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1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
ENROLLED
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frequency and timing requirements for plan amendments set forth
in ss. 163.3187 and 163.3191, except where otherwise stated in
this section.
(e) The mediation and expedited hearing provisions in s.
163.3189(3) apply to all plan amendments adopted by the pilot
program jurisdictions.
(4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
PILOT PROGRAM.--
(a) The local government shall hold its first public
hearing on a comprehensive plan amendment on a weekday at least
seven days after the day the first advertisement is published
pursuant to the requirements of chapters 125 or 166. Upon an
affirmative vote of not less than a majority of the members of
the governing body present at the hearing, the local government
shall immediately transmit the amendment or amendments and
appropriate supporting data and analyses to the state land
planning agency; the appropriate regional planning council and
water management district; the Department of Environmental
Protection; the Department of State; the Department of
Transportation; in the case of municipal plans, to the
appropriate county; the Fish and wildlife Conservation
Commission; the Department of Agriculture and Consumer Services;
and in the case of amendments that include or impact the public
school facilities element, the Office of Educational Facilities
of the Commissioner of Education. The local governing body shall
also transmit a copy of the amendments and supporting data and
analyses to any other local government or governmental agency
that has filed a written request with the governing body.
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1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
150
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
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(b) The agencies and local governments specified in
paragraph (a) may provide comments regarding the amendment or
amendments to the local government. The regional planning
council review and comment shall be limited to effects on
regional resources or facilities identified in the strategic
regional policy plan and extrajurisdictional impacts that would
be inconsistent with the comprehensive plan of the affected
local government. A regional planning council shall not review
and comment on a proposed comprehensive plan amendment prepared
by such council unless the plan amendment has been changed by
the local government subsequent to the preparation of the plan
amendment by the regional planning council. County comments on
municipal comprehensive plan amendments shall be primarily in
the context of the relationship and effect of the proposed plan
amendments on the county plan. Municipal comments on county plan
amendments shall be primarily in the context of the relationship
and effect of the amendments on the municipal plan. State agency
comments may include technical guidance on issues of agency
jurisdiction as it relates to the requirements of this part.
Such comments shall clearly identify issues that, if not
resolved, may result in an agency challenge to the plan
amendment. For the purposes of this pilot program, agencies are
encouraged to focus potential challenqes on issues of regional
or statewide importance. Agencies and local governments must
transmit their comments to the affected local government such
that they are received by the local government not later than
thirty days from the date on which the agency or government
received the amendment or amendments.
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1066
1067
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(5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
AREAS.--
(a) The local government shall hold its second public
1068 hearing, which shall be a hearing on whether to adopt one or
1069 more comprehensive plan amendments, on a weekday at least five
1070 days after the day the second advertisement is published
1071 pursuant to the requirements of chapters 125 or 166. Adoption of
1072 comprehensive plan amendments must be by ordinance and requires
1073 an affirmative vote of a majority of the members of the
1074 governing body present at the second hearing.
1075
1076
1077
-'i78
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092
(b) All comprehensive plan amendments adopted by the
governing body along with the supporting data and analysis shall
be transmitted within ten days of the second public hearing to
the state land planning agency and any other agency or local
government that provided timely comments under subsection 4(b)
(6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
PROGRAM. --
(a) Any "affected person" as defined in s. 163.3184(1) (a)
may file a petition with the Division of Administrative Hearings
pursuant to ss. 120.569 and 120.57, with a copy served on the
affected local government, to request a formal hearing to
challenge whether the amendments are "in compliance" as defined
in s. 163.3184(1) (b). This petition must be filed with the
Division within 30 days after the local government adopts the
amendment. The state land planning may intervene in a proceeding
instituted by an affected person.
(b) The state land planning agency may file a petition
with the Division of Administrative Hearings pursuant to ss.
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1093
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
ll05
-106
1107
1108
1109
1110
11ll
1112
lll3
lll4
IllS
1116
1117
1118
lll9
ll20
ENROLLED
HB 7203, Engrossed 3
2007 Legislature
120.569 and 120.57, with a copy served on the affected local
government, to request a formal hearing. This petition must be
filed with the Division within 30 days after the state land
planning agency notifies the local government that the plan
amendment package is complete. For purposes of this section, an
amendment shall be deemed complete if it contains a full,
executed copy of the adoption ordinance or ordinances; in the
case of a text amendment, a full copy of the amended language in
legislative format with new words inserted in the text
underlined, and words to be deleted lined through with hyphens;
in the case of a future land use map amendment, a copy of the
future land use map clearly depicting the parcel, its existing
future land use designation, and its adopted designation; and a
copy of any data and analyses the local government deems
appropriate. The state land planning agency shall notify the
local government of any deficiencies within five working days of
receipt of amendment package.
(c) The state land planning agency's challenge shall be
limited to those issues raised in the comments provided by the
reviewing agencies pursuant to subsection (4) (b). The state land
planning agency may challenge a plan amendment that has
substantially changed from the version on which the agencies
provided comments. For the purposes of this pilot program, the
Legislature strongly encourages the state land planning agency
to focus any challenge on issues of regional or statewide
importance.
(d) An administrative law judge shall hold a hearing in
the affected local jurisdiction. The local government's
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1121
1122
1123
1124
ll25
ll26
1127
ll28
ll29
1130
1131
1132
1133
'-"'34
1135
1136
1137
1138
1139
1140
1141
1142
1143
ll44
1145
1146
1147
1148
ENROLLED
HB 7203, Engrossed 3
2007 Legislature
determination that the amendment is "in compliance" is presumed
to be correct and shall be sustained unless it is shown by a
preponderance of the evidence that the amendment is not "in
compliance.H
(e) If the administrative law judge recommends that the
amendment be found not in compliance, the judge shall submit the
recommended order to the Administration Commission for final
agency action. The Administration Commission shall enter a final
order within 45 days after its receipt of the recommended order.
(f) If the administrative law judge recommends that the
amendment be found in compliance, the judge shall submit the
recommended order to the state land planning agency.
1. If the state land planning agency determines that the
plan amendment should be found not in compliance, the agency
shall refer, within 30 days of receipt of the recommended order,
the recommended order and its determination to the
Administration Commission for final agency action. If the
commission determines that the amendment is not in compliance,
it may sanction the local government as set forth in s.
163.3184 (ll) .
2. If the state land planning agency determines that the
plan amendment should be found in compliance, t~e agency shall
enter its final order not later than 30 days from receipt of the
recommended order.
(g) An amendment adopted under the expedited provisions of
this section shall not become effective until 31 days after
adoption. If timely challenged, an amendment shall not become
effective until the state land planning agency or the
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1149 Administration Commission enters a final order determining the
1150 adopted amendment to be in compliance.
1151
(h)
Parties to a proceeding under this section may enter
1152 into compliance agreements using the process in s. 163.3184(16)
1153 Any remedial amendment adopted pursuant to a settlement
1154 agreement shall be provided to the agencies and governments
1155 listed in paragraph (4) (a) .
1156 (7) APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
1157 GOVERNMENTS.--Local governments and specific areas that have
1158 been designated for alternate review process pursuant to ss.
1159 163.3246 and 163.3184(17) and (18) are not subject to this
1160 section.
1.163
ll64
1165
(8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.--Agencies
shall not promulgate rules to implement this pilot program.
(9) REPORT.--The Office of Program Policy Analysis and
Government Accountability shall submit to the Governor, the
President of the Senate, and the Speaker of the House of
Representatives by December 1, 2008, a report and
recommendations for implementing a statewide program that
addresses the legislative findings in subsection (1) in areas
1161
-""'162
1166
ll67
ll68
1169 that meet urban criteria. The Office of Program Policy Analysis
1170 and Government Accountability in consultation with the state
1171 land planning agency shall develop the report and
1172 recommendations with input from other state and regional
1173 agencies, local governments and interest groups. Additionally,
1174 the office shall review local and state actions and
1175 correspondence relating to the pilot program to identify issues
1176 of process and substance in recommending changes to the pilot
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ll78
1179
ENROLLED
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2007 Legislature
program. At a minimum, the report and recommendations shall
include the following:
(a) Identification of local governments beyond those
1180 participating in the pilot program that should be subject to the
1181 alternative expedited state review process. The report may
1182 recommend that pilot program local governments may no longer be
1183 appropriate for such alternative review process.
1184 (b) Changes to the alternative expedited state review
1185 process for local comprehensive plan amendments identified in
1186 the pilot program.
1187
(c) Criteria for determining issues of regional or
1188 statewide importance that are to be protected in the alternative
1189 state review process.
-~190 (d) In preparing the report and recommendations, the
1191 Office of Program Policy Analysis and Government Accountability
1192 shall consult with the state land planning agency, the
1193 Department of Transportation, the Department of Environmental
1194 Protection, and the regional planning agencies in identifying
1195 highly developed local governments to participate in the
1196 alternative expedited state review process. The Office of
1197 Program Policy Analysis and Governmental Accountability shall
1198 also solicit citizen input in the potentially affected areas and
1199 consult with the affected local governments, and stakeholder
1200
1201
1202
1203
1204
groups.
Section 14. There is established four full-time equivalent
planning positions and appropriated rate in the amount of
$220,000 and salary budget authority in the amount of $326,620
from the Grants and Donations Trust Fund in the Division of
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1206
1207
1208
1209
ENROLLED
HB 7203, Engrossed 3
2007 Legislature
Community Planning for the purposes of providing technical
assistance and advice to state and local governments in their
ability to respond to growth-related issues, and to ensure
compliance with chapter 163 comprehensive planning issues.
Section 15. This act shall take effect July 1, 2007.
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wight_d
_____,.w__.,__.._.__.u_ _____ _ _ .__~______.._w.__________ ----.-.----,.---,--.~.----------.--.---~.--"--'~------.-
From: wight_d
Sent: Monday, May 07, 2007 5:06 PM
To: muddj
Cc: ochsJ: FrenchJames; SchmittJoseph; Baker_D; palmer_t; KovenskyKenneth
Subject: FW: Cable Bill Impact
Jim,
Per your request, below please find impact analysis of HB 529 cable TV/video service franchises. Thanks.
-Debbie
From: FrenchJames
Sent: Monday, May 07, 2007 5:00 PM
To: wighCd
Cc: SchmittJoseph; Baker_D; palmeU; KovenskyKenneth
Subject: Cable Bill Impact
Debbie,
Per Jim's request, please find our impact analysis of the cable bill, listed below. I have marked those areas of
identified impacts of concerns in RED font.
Thank you,
JF
1. Franchise certificates will now be issued by the Florida Department of State (DOS), allowing the
provider to offer service state wide.
Potential Financiallmpaet: $10,000 one time application loss to the County per new
entrant. (Minimal impact)
2. Public, Education and Government Channel (PEG) remains the same so long as there is at least an
average of 10 hours of programming per day, 5 hours of which must be non-repeat programming.
a) This is measured on a quarterly basis. lfthe above conditions are not being met, the PEG
channel can be moved to a different channel in the line-up or can be reprogrammed by
the cable company. Written notice and a reasonable amount of time to correct the
problem are given to the County by the cable provider.
Pntcntial Financiallmpaet nr Lnss: "'nnc Idcntified
b) Any new cable company that comes into the County must provide the same number of
PEG channels already being provided by incumbent service providers.
Potcntial Financial I mpaet nr Lnss: Nnnc Idcntitied
c) Requires that cable customers be informed that public access channels may contain adult
content and, as such, they can agree not to take them.
5115/2007
Page 20f3
Potcntial Financial Impact or Loss: "onc Idcntilicd
3. On the date the DOS issues a state issued certificate offranchise to the respective Collier County
incumbent cable company, that company's cable franchise with Collier County is automatically
terminated. Each such termination terminates the respective franchisee's obligations that had been
promised to Collier County, including in-kind services (fiber provisions and institutional network
support) to the extent, if any, that such promises exceed the obligations that are imposed by the
Bill on the cable company with regard to PEG channels. Thus, all promised in-kind contributions,
institutional networks, or contributions that (I) are nQt in support of, or for the use of, or for
construction of PEG channels, or (2) the promised in-kind contributions exceed the Bill's PEG
channel requirements, such promises that exceed are terminated by the Bill. These provisions in
the Bill affect Collier County vis-ii-vis Marco Island Cable.
a) Currently Collier County has three active franchise agreements that do not expire until
2012. Any current or future fiber provisions or support that has been provided or
promised by these contracts will be negated.
I. In January 2007, the BCC approved a negotiated amendment to the Marco Island
Cable (MIC) Franchise that made fiber provisions to the Collier County IT
Department, School Board and Sheriffs Office to be made available for our
exclusive use, no later than thirty-six months after the date of agreement. The
estimate benefit value received by the County would have totaled approximately
$450,000 - $500,000 in installed fiber in addition to an unknown benefit of
carrying the signal through the fiber. (13 dark fibers at approximately $50,000 per
mile at 8 to 10 miles installed to include the Marco Airport.) The County also
reserved the right of refusal to bury fiber conduit or fiber for the price of materials
and a minimal construction cost ($1 per foot) next to MIC's fiber as that entity
expanded its service arca (unknown financial benefit). As a result of this new Bill,
if and when MIC may acquire a State of Florida certificate of franchise, MIC's
promise to incur expenses that would have resulted in Collier County being able
to thereby avoid expending more than $450,000 will be lost.
Potcntial Financial Impact: If Collicr County continues its objective to
obtain thc samc capital asset improvcments that have been promised by
MIC, the County will have to incur those costs in lieu them heing subsidized
by MIC (if and wben MIC applies for and is issued a State certificate of
franchise).
2. The Comcast and Time Warner (Comcast) franchise provides two dark fiber, for
the use of County institutional network (I-net) support, starting at the CDES
building (2800 North Horseshoe Drive) and ending at the Collier County
Government Center (3301 East Tamiami Trail) for a monthly base lease charge of
$200 per month. This lease is scheduled to expire on June 8, 2009 with a
conditional twelve month lease option that must be granted by Comcast.
Potential Financial Impact: This should posc no financial loss at this time, as
this is a scparatc Icase agrcl'mcnt bc1wCl'n tht' partil's, not a condition of a
fralH.'hisl' agn.'ellu'nt.
4. Instead of consumer complaints being reported to local governments, the Department of
5/15/2007
Page 3 of3
Agriculture and Consumer Services will reside as the sole point of contact as of July I, 2009.
a) Although Collier County can retain the control of receiving consumer complaints until
July 1,2009, Collier County cannot impose customer service standards that are
inconsistent with the state requirements.
Potential Financiallmpaet: None at this time.
b) The Chapter 202, Florida Statutes, Communications Service Tax remittances to Collier
County remain in place. Nevertheless, there is text in the Bill that instructs the Director of
the DOS to report financial and staffing needs to the President of the Senate and House in
2009.
Potential negative financial impact: If, in 2009 or thereafter, a portion of the CST
tax revenues that is now being remitted to Collier County are reduced or
eradicated, the argument for such tax reductions is likely to be: Tax revenues to
Collier County were for (I) the cable company's use of public road-rights-of-way
and (2) for the County's staff time, etc" assisting with cable customer's service
complaints and negotiating/regulating cable franchise agreements. Since as of July
1,2009, Collier County's staff will no longer he handling such complaints, that
portion of the tax revenues should be taken away from Collier County and, instead,
thercafter he remitted to thc State to fund its handling of customer complaints and
franchisc regulation.
5115/2007
CS/CS/HB 529 - Communications
Page 1 of6
Ilc'-lE
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LEGISl.ATIVE. \ F:.A.CKI.....C
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BILLS [1 :~<U'Etr':, R:pE':,E'n~T \'F f..':: 1^;tV IL', ,~.~ (Y.'H -7[~'-: LE":,::::E;~,HF \::; -,I,-tj L1'.,
HQme >> 13.i1l!i )> Selected Sill Detail
CS/CS/HB 529 - Communications
GEN ERAL BILL by Policy & Budget Council and Jobs & Entrepreneurship Council and Travi
SPONSORS) Allen; Ambler; Baxley; Brandenburg; Bullard; Chestnut; Cretul; Evers; Fields; Flores
Holloway; Legg; Lopez-Cantera; Machek; Mayfield; Meadows; Mealor; Murzin; Nehr; Porth; Precc
Rivera; Robaina; Schenck; Taylor; Weatherford; Williams
Communications: Cites act as "Consumer Choice Act of 2007"; prohibits counties & municipalitit
terms & conditions re cable & video services; deletes authorization for counties & municipalities t{
service franchises & restriction that cable service companies not operate without such franchise; I
incumbent cable service provider eligibility for state-issued franchises, etc.
Effective Date: upon becoming a law.
Last Event: 05/03/07 Signed by Officers and presented to Governor -HJ 01346 on Thursday, Ma
Main Amendment Filing Deadline: After Tuesday, March 20, 20072:00 PM
Adhering Amendment Filing Deadline: After Tuesday, March 20, 2007 5:00 PM
Referred Committees and Committee Actions:
Jobs & Entrepreneurship Council
On agenda for: 02/22/071:00 PM Notice
Favorable With Council Substitute (final action) See votes
Policy & Budget Council
On agenda for: 03/16/079:00 AM Notice
Favorable With Council Substitute (final action) See Votes
Related Bills:
Bill #
Subject
Statewide Cable Television Franchises
Lifeline Telecommunications Service
Cable TV/Video Service Franchises [RPCC]
Statewide Cable TV Franchises [RPCC]
Lifeline Telecommunications Services [RPCC]
Lifeline Telecommunications Service [RPCC]
R.
HB 855
HB 1565
C5/C5/C5/5B 998
56 1772
SB 2638
5B 2908
Cc
Cc
Cc
Cc
Cc
Cc
Bill Text:
Enrolled
E:.ngrossed 1.
Committee Substitute 2
A1J1772
Date Filed: 04/26/07, Page#: 0, Line#:
381
Date Filed: 04/27/07, Page#: 0, Line#:
534
Senate: Withdrawn 04/27/07
Senate: Withdrawn 04/27/07
A 820610
Date Filed: 04/26/07, Page#: 0, Line#:
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CS/CS/HB 529 - Communications
Page 2 of6
A 182810 685 Senate: Withdrawn 04/26/07
A 073055, Garcia, Date Filed: 03/20/07, Page#: 0, Line#: House: Failed 03/21/07
R. 892
A 653698 Date Filed: 04/26/07, Page#: 0, line#: Senate: Withdrawn 04/26/07
1007
A 263020 Date Filed: 04/27/07, Page#: 0, Line#: Senate: Withdrawn 04/27/07
1110
A221410 Date Filed: 04/27/07, Page#: 0, Line#: Senate: Withdrawn 04/27/07
1157
A 141014 Date Filed: 04/26/07, Page#: 0, Line#: Senate: Failed 04/27/07
1170
AA 902092 Date Filed: 04/27/07, Page#: 1, line#: Senate: Failed 04/27/07
24
A 960200 Date Filed: 04/25/07, Page#: 5, Line#: Senate: Adopted 04/26/07
118
House: Concur 04/30/07
A 115654 Date Filed: 04/25/07, Page#: 12, Senate: Adopted 04/26/07
Line#: 311
House: Concur 04/30/07
A 371058 Date Filed: 04/25/07, Page#: 14, Senate: Adopted 04/26/07
Line#: 368
House: Concur 04/30/07
A 602640 Date Filed: 04/26/07, Page#: 14, Senate: Withdrawn 04/26/07
Line#: 381
A 181662 Date Filed: 04/26/07, Page#: 14, Senate: Replaced by Engrossl
Line#: 381 04/27/07
AA 734540 Date Filed: 04/26/07, Page#: 6, Line#: Senate: Replaced by Engrossl
4 04/27/07
A 770310 Date Filed: 04/27/07, Page#: 14, Senate: Adopted 04/27/07
Line#: 381
House: Concur 04/30/07
A 535246 Date Filed: 04/25/07, Page#: 15, Senate: Withdrawn 04/26/07
Line#: 400
A 702036 Date Filed: 04/26/07, Page#: 25, Senate: Withdrawn 04/27/07
Line#: 0
A 825438 Date Filed: 04/25/07, Page#: 25, Senate: Replaced by EngrossE
Line#: 686 04/27/07
AA 704476 Date Filed: 04/26/07, Page#: 2, Line#: Senate: Replaced by EngrossE
9 04/27/07
AA 961878 Date Filed: 04/27/07, Page#: 3, Line#: Senate: Replaced by EngrossE
5 04/27/07
AA 614248 Date Filed: 04/27/07, Page#: 4, Line#: Senate: Replaced by EngrossE
21 04/27/07
SA 403840 Date Filed: 04/26/07, Page#: 25, Senate: Withdrawn 04/26/07
Line#: 0
SA 973404 Date Filed: 04/27/07, Page#: 25, Senate: Withdrawn 04/27/07
Line#: 0
ASA 190666 Date Filed: 04/27/07, Page#: 0, Line#: Senate: Withdrawn 04/27/07
10
A 780346 Date Filed: 04/27/07, Page#: 25, Senate: Adopted 04/27/07
Line#: 686
House: Concur 04/30/07
A 243918 Date Filed: 04/25/07, Page#: 37, Senate: Adopted 04/26/07
Line#: 1011
House: Concur 04/30/07
A 232114 Date Filed: 04/25/07, Page#: 39, Senate: Adopted 04/26/07
Line#: 1090
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CS/CS/HB 529 - Communications
Page 3 of6
House: Concur 04/30/07
A 642104 Date Filed: 04/25/07, Page#: 42, Senate: Replaced by Engross!
Line#: 1170 04/27/07
AA 230206 Date Filed: 04/27/07, Page#: 3, Line#: Senate: Withdrawn 04/27/07
4
AA 524822 Date Filed: 04/27/07, Page#: 3, Line#: Senate: Replaced by Engross!
4 04/27/07
A 373992 Date Filed: 04/27/07, Page#: 42, Senate: Adopted 04/27/07
Line#: 1170
House: Concur 04/30/07
T 353374 Date Filed: 04/25/07, Page#: 1, Line#: Senate: Adopted 04/26/07
2
House: Concur 04/30/07
Committee Substitute 1 Laid on the Table
Original Filed Version
Staff Analysis:
Chamber
Committee
House
House
House
House
Polley & Budget Council 3/20/2007 8:42:55 AM
Policy ~ Budget COlJncil 3/15/29071;3:30:4] AM
Jobs & Entrepreneurship Counpl 315.120073: 53:)€) PM
Jobs 81. Entrepreneurship Council 2./21/2007 6.:47:02. PM
Vote History:
Chamber Date
Yeas Nays Actions
Barcode
House
Senate
03/22/200702:22 PM 104 8
04/27/200705:13 PM 30 3
04/30/200702:33 PM 117 2
Passage Vote [,$eq# _37]
Vot~ rS~q# 7lj]
Passage Vote L$eq#~!:)4]
House
Bill History:
Event
Time
Member Commi
05/03/07 Signed by Officers and presented Thursday, May 03, 2007
to Governor ~HJ 01346 3:21 PM
Message sent to senate
Monday, April 3D, 2007
10:32 PM
Amendment 960200 Concur
Monday, April 3D, 2007
2:48 PM
Amendment 770310 Concur
Monday, April 30, 2007
2:48 PM
Amendment 353374 Concur
Monday, April 30, 2007
2:47 PM
Amendment 232114 Concur
Monday, April 3D, 2007
2:47 PM
Amendment 373992 Concur
Monday, April 30, 2007
2:46 PM
Amendment 115654 Concur
Monday, April 30, 2007
2:42 PM
http://www .myfloridahouse.gov/Sections/Bills/billsdetail.aspx? Bill Id=35045&
5/I 5/2007
CS/CS/HB 529 - Communications
Amendment 243918 Concur
Amendment 371058 Concur
Amendment 780346 Concur
Ordered engrossed, then enrolled
cs passed as amended; YEAS 117, NAYS 2
Concurred
Added to Senate Message List
In Messages
04/27/075 Immediately certified -5J
00680
04/27/075 CS passed as amended
(961878,825438, 734540, 704476,
642104,614248, 524822, 181662); YEAS
30 NAYS 3 -S] 00680
04/27/07 S Amendment(s) adopted
(961878,825438, 734540, 704476,
642104,614248, 524822, 181662) -S]
00679
04/27/075 Amendment(s) reconsidered,
adopted, as amended -5J 00679
04/27/075 Amendment{s) reconsidered,
failed -5J 00679
04/27/075 Read 3rd time -5J 00679
04/26/07 5 Amendment(s) reconsidered,
withdrawn -5J 00608
04/26/07 S Amendment(s) adopted
(960200,825438,642104,602640,
371058,353374,243918,232114,
141014, 115654) -S] 00592
04/26/07 5 Read 2nd time -5J 00592
04/26/07 S Substituted for CS/CS/CS/SB
998 -S] 00592
04/26/07 5 Withdrawn from
Communications and Public Utilities;
Community Affairs; General Government
Appropriations -SJ 00592
04/25/07 5 Received, referred to
Communications and Public Utilities;
Community Affairs; General Government
Appropriations ~SJ 00569
03/28/07 5 In Messages
Monday, April 30, 2007
2:42 PM
Monday, April 30, 2007
2:42 PM
Monday, April 30, 2007
2:42 PM
Monday, April 30, 2007
2:33 PM
Monday, April 30, 2007
2:33 PM
Monday, April 30, 2007
2: 22 PM
Monday, April 30, 2007
1:41 PM
Friday, April 27, 2007
8: 26 PM
Friday, April 27, 2007
5:14 PM
Friday, April 27, 2007
5: 13 PM
Friday, April 27, 2007
4: 52 PM
Friday, April 27, 2007
4:52 PM
Friday, April 27, 2007
4:44 PM
Friday, April 27, 2007
4: 39 PM
Thursday, April 26, 2007
6:45 PM
Thursday, April 26, 2007
3:08 PM
Thursday, April 26, 2007
3:07 PM
Thursday, April 26, 2007
3:07 PM
Thursday, April 26, 2007
3:07 PM
Wednesday, April 25,
20078:48 AM
Wednesday, March 28,
20073:19 PM
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Page 4 of6
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CS/CSIHB 529 - Communications
Message sent to senate
CS passed; YEAS 104, NAYS 8
Passage on third reading
Read 3rd time
Added to Third Reading Calendar
Amendment 073055 Failed
Read 2nd time
Amendment 073055 filed
1st Reading
Bill added to Special Order Calendar
(3/21/2007)
Added to Second Reading Calendar
Bill referred to House Calendar
CS Fi led
Laid on Table under Rule 7.19
Reported out of Policy & Budget Council
Favorable with CS by Policy & Budget
Council
Added to Policy & Budget Council agenda
Now in Policy & Budget Council
Referred to Policy & Budget Council
1st Reading
1st Reading
CS Filed
Laid on Table under Rule 7.19
Reported Qut of Jobs & Entrepreneurship
Council
Wednesday, March 28,
20073: 15 PM
Thursday, March 22,
20072:22 PM
Thursday, March 22,
20072:22 PM
Thursday, March 22,
20071:56 PM
Wednesday, March 21,
2007 3 :44 PM
Wednesday, March 21,
20073:26 PM
Wednesday, March 21,
20072:43 PM
Tuesday, March 20, 2007
1:53 PM
Monday, March 19, 2007
9: 59 PM
Monday, March 19, 2007
8:35 PM
Monday, March 19, 2007
8:17 PM
Monday, March 19, 2007
8: 17 PM
Monday, March 19, 2007
7: 38 PM
Monday, March 19, 2007
7:38 PM
Monday, March 19,2007
7:35 PM
Friday, March 16,2007
5:00 PM
Wednesday, March 14,
20074: 13 PM
Sunday, March 11, 2007
2:06 PM
Sunday, March 11,2007
2:06 PM
Tuesday, March 06, 2007
11:59 PM
Tuesday, March 06, 2007
11:59 PM
Monday, March 05, 2007
4:05 PM
Monday, March 05, 2007
4:05 PM
Monday, March 05, 2007
3:57 PM
http://www .m yflori daho use. gOY /Secti ons/B illslbi lIsdetail.aspx '? Bi 11 I d= 35045 &
Page 5 of6
Policy &
Policy &
Policy &
Policy &
PoliCY &
Jobs & (
Council
5/15/2007
CS/CS/HB 529 - Communications
Page 60f6
Favorable with CS by Jobs &
Entrepreneurship Council
Thursday, February 22,
20076:00 PM
Jobs & (
Council
Added to Jobs & Entrepreneurship Council
agenda
Thursday, February 15,
20073: 16 PM
Jobs & f
Council
Now in Jobs & Entrepreneurship Council
Wednesday, January 31,
20078:39 PM
Jobs & i
Council
Referred to Policy & Budget Council
Wednesday, January 31,
20078:39 PM
Policy &
Referred to Jobs & Entrepreneurship
Council
Wednesday, January 31,
20078:39 PM
Jobs & I
Council
Filed
Tuesday, January 23,
2007 10:44 AM
Traviesa
Statutes Referenced by this Bill
202.11
202.24
337.401
337.4061
610.102
610.103
610.104
610.105
610.106
610.107
610.108
610.109
610.112
610.113
610.114
610.115
610.116
610.117
166.046
350.81
364.0361
620.118
364.051
364.10
364.163
364.385
364.164
^ back to top
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5115/2007
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CS/CS/HB 529, Engrossed 1
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1
2
3
A bill to be entitled
4
An act relating to communications; providing a short
title; providing legislative findings; providing
legislative intent; amending s. 202.11, F.S.; providing a
definition; amending s. 202.24, F.S.; prohibiting counties
and municipalities from negotiating terms and conditions
relating to cable and video services; deleting
authorization to negotiate; revising application to
existing ordinances or franchise agreements; amending s.
337.401, F.S.; deleting authorization for counties and
municipalities to award cable service franchises and a
restriction that cable service companies not operate
without such a franchise; amending s. 337.4061, F.S.;
revising definitions; creating ss. 610.102, 610.103,
5
6
7
8
9
10
11
12
13
14
IS
610.104, 610.105, 610.106, 610.107, 610.108, 610.109,
610.ll2, 610.113, 610.114, 610.115, 610.116, 610.117,
620.118, 610.119 and 610.120, F.S.; designating the
Department of State as the authorizing authority;
providing definitions; requiring state authorization to
provide cable and video services; providing requirements
and procedures; providing for fees; providing duties and
responsibilities of the Department of State; providing
application procedures and requirements; providing for
issuing certificates of franchise authority; providing
eligibility requirements and criteria for a certificate;
providing for amending a certificate; providing for
transferability of certificates; providing for termination
of certificates under certain circumstances; providing for
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CS/CS/HB 529, Engrossed 1
2007 Legislature
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challenging a department rejection of an application;
providing that the department shall function in a
ministerial capacity for certain purposes; providing for
an application form; providing for an application fee;
requiring certain information updates; providing for a
processing fee; providing for cancellation upon notice
that information updates and processing fees are not
received; providing for an opportunity to cure; providing
for transfer of such fees to the Department of Agriculture
and Consumer Services; requiring the department to
maintain a separate account for cable franchise revenues;
providing for fees to the Department of State for certain
activities; providing for incumbent cable service provider
eligibility for state-issued franchises; providing for
certain notice to municipal or county franchise authority;
providing for termination of a municipal or county
franchise; declaring certain additional obligations on a
franchisee against public policy and void; prohibiting the
department from imposing additional taxes, fees, or
charges on a cable or video service provider to issue a
certificate; prohibiting imposing buildout, construction,
and deployment requirements on a certificateholder;
imposing certain customer service requirements on cable
service providers; allowing a municipality or county to
respond to complaints for a time certain; requiring the
Department of Agriculture and Consumer Services to receive
customer service complaints; requiring provision of
public, educational, and governmental access channels or
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57
their functional equivalent; providing criteria,
requirements, and procedures; providing exceptions;
providing responsibilities of municipalities and counties
relating to such channels; providing for cable or video
services for certain public facilities; providing
requirements for and limitations on counties and
municipalities relating to access to public right-of-way;
prohibiting counties and municipalities from imposing
additional requirements on certificateholders; authorizing
counties and municipalities to require permits of
certificateholders relating to public right-of-way;
providing permit criteria and requirements; prohibiting
discrimination among cable and video service subscribers;
providing for enforcement; clarifying local government and
department authority over communications services;
providing for enforcement of compliance by
certificateholders; providing for court-ordered operation
under existing franchise agreements; providing
requirements for cable service providers under certain
court orders; requiring the Office of Program Policy
Analysis and Government Accountability to report to the
Legislature on the status of competition in the cable and
video service industry; providing report requirements;
requiring the Department of Agriculture and Consumer
Services to make recommendations to the Legislature;
providing duties of the Department of State; providing
severability; amending ss. 350.81 and 364.0361, F.S.;
conforming cross-references; amending s. 364.051, F.S.;
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III
ll2
ENROLLED
CS/CS/HB 529, Engrossed 1
2007 Legislature
85
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deleting provisions under which certain telecommunications
companies may elect alternative regulation; amending s.
364.10, F.S.; providing requirements for enrolling certain
persons in the Lifeline service program; requiring the
Public Service Commission to adopt rules by a specified
date; requiring the commission, the Department of Children
and Family Services, and the Office of Public Counsel to
enter into a memorandum of understanding of respective
duties under the Lifeline service program; amending s.
364.163, F.S.; providing for a cap on certain switched
network access service rates; deleting a time period in
which intrastate access rates are capped; prohibiting
interexchange telecommunications companies from
instituting any intrastate connection fee; deleting
provisions for regulatory oversight of intrastate access
rates; amending s. 364.385, F.S.; providing for continuing
effect of certain rates and charges approved by the Public
Service Commission; providing for an exception; repealing
s. 166.046, F.S., relating to definitions and minimum
standards for cable television franchises imposed upon
counties and municipalities; repealing s. 364.164, F.S.,
relating to competitive market enhancement; creating s.
501.2079, F.S.; providing for violations involving
discrimination in delivery of video service; providing
definitions; prohibiting discrimination; providing a time
to cure; providing criteria; providing for enforcement;
providing remedies; providing an effective date.
92
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CS/CS/HB 529, Engrossed 1
2007 Legislature
113 Be It Enacted by the Legislature of the State of Florida:
114
ll5
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ll9
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.--1.26
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Section 1. This act may be cited as the "Consumer Choice
Act of 2007."
Section 2. The Legislature finds that providing an
incumbent cable or video service provider with the option to
secure a statutory certificate franchise through the preemption
of an existing cable franchise between a cable or video service
provider and any political subdivision of the state, including,
but not limited to, any municipality or county, is an essential
element of the new regulatory framework established by this act
as a matter of statewide concern to best ensure equal protection
and parity among providers and technologies, as well as to
achieve the goals stated by the Legislature in enacting this
act.
Section 3. Subsection (24) is added to section 202.11,
Florida Statutes, to read:
202.11 Definitions.--As used in this chapter:
(24) "Video service" has the same meaning as that provided
132 in s. 610.103.
133 Section 4. Paragraphs (a) and (c) of subsection (2) of
134 section 202.24, Florida Statutes, are amended to read:
135 202.24 Limitations on local taxes and fees imposed on
136 dealers of communications services.--
137
(2) (a) Except as provided in paragraph (c), each public
138 body is prohibited from:
139 1. Levying on or collecting from dealers or purchasers of
140 communications services any tax, charge, fee, or other
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2007 Legislature
141 imposition on or with respect to the provision or purchase of
142 communications services.
143
2. Requiring any dealer of communications services to
144 enter into or extend the term of a franchise or other agreement
145 that requires the payment of a tax, charge, fee, or other
146 imposition.
147
3. Adopting or enforcing any provision of any ordinance or
148 agreement to the extent that such provision obligates a dealer
149 of communications services to charge, collect, or pay to the
150 public body a tax, charge, fee, or other imposition.
151
152
153
-.1.54
155
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160
Municipalities and counties may not Each municipality and county
retaino authority to negotiate all termo and conditiono of a
cablQ oer",ice franchioe allo",:ed by federal and otate la'" eJ[eept
those terms and conditions related to franchise fees or aE4 the
definition of gross revenues or other definitions or
methodologies related to the payment or assessment of franchise
fees on providers of cable or video services.
(c) This subsection does not apply to:
1. Local communications services taxes levied under this
161 chapter.
162
163
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165
2. Ad valorem taxes levied pursuant to chapter 200.
3. Occupational license taxes levied under chapter 205.
4. "911" service charges levied under chapter 365.
5. Amounts charged for the rental or other use of property
166 owned by a public body which is not in the public rights-of-way
167 to a dealer of communications services for any purpose,
168 including, but not limited to, the placement or attachment of
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170
169 equipment used in the provision of communications services.
6.
Permit fees of general applicability which are not
171 related to placing or maintaining facilities in or on public
172 roads or rights-of-way.
173
174 facilities in or on public roads or rights-of-way pursuant to s.
7.
Permit fees related to placing or maintaining
176
175 337.401.
177
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-1.82
183
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186
187
188
8. Any in-kind requirements, institutional networks, or
contributions for, or in support of, the use or construction of
public, educational, or governmental access facilities allowed
under federal law and imposed on providers of cable or video
service pursuant to any existing ordinance or an existing
franchise agreement granted by each municipality or county,
under which ordinance or franchise agreement service is provided
prior to July 1, 2007, or as permitted under chapter 610.
Nothing in this subparagraph shall prohibit the ability of
providers of cable or video service to recover such expenses as
allowed under federal law.
9. Special assessments and impact fees.
10. Pole attachment fees that are charged by a local
189 government for attachments to utility poles owned by the local
190 government.
191
11. Utility service fees or other similar user fees for
192 utility services.
12. Any other generally applicable tax, fee, charge, or
193
194 imposition authorized by general law on July 1, 2000, which is
195 not specifically prohibited by this subsection or included as a
196 replaced revenue source in s. 202.20.
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ENROLLED
CS/CS/HB 529, Engrossed 1
2007 Legislature
Section 5.
Paragraphs (a), (b), (e), and (f) of subsection
198 (3) of section 337.401, Florida Statutes, are amended to read:
337.401 Use of right-of-way for utilities subject to
199
200 regulation; permit; fees.--
(3) (a)~ Because of the unique circumstances applicable to
201
202 providers of communications services, including, but not limited
203 to, the circumstances described in paragraph (e) and the fact
204 that federal and state law require the nondiscriminatory
205 treatment of providers of telecommunications services, and
206 because of the desire to promote competition among providers of
207 communications services, it is the intent of the Legislature
208
209
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211
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217
that municipalities and counties treat providers of
communications services in a nondiscriminatory and competitively
neutral manner when imposing rules or regulations governing the
placement or maintenance of communications facilities in the
public roads or rights-of-way. Rules or regulations imposed by a
municipality or county relating to providers of communications
services placing or maintaining communications facilities in its
roads or rights-of-way must be generally applicable to all
providers of communications services and, notwithstanding any
other law, may not require a provider of communications
218 services, except ao other-,.-ioc prO',rided in oubparagraph 2. , to
219 apply for or enter into an individual license, franchise, or
220 other agreement with the municipality or county as a condition
221 of placing or maintaining communications facilities in its roads
222 or rights-of-way. In addition to other reasonable rules or
223 regulations that a municipality or county may adopt relating to
224 the placement or maintenance of communications facilities in its
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225 roads or rights-of-way under this subsection, a municipality or
226 county may require a provider of communications services that
227 places or seeks to place facilities in its roads or rights-of-
228 way to register with the municipality or county and to provide
229 the name of the registrant; the name, address, and telephone
230 number of a contact person for the registrant; the number of the
231 registrant's current certificate of authorization issued by the
232 Florida Public Service Commission~ er the Federal Communications
233 Commission, or the Department of State; and proof of insurance
234 or self-insuring status adequate to defend and cover claims.
235
236 municipality or county may, ao provided by 17 D.C.C. o. 511,
2. tlot'.:ithotanding the pro'Jieiono of oubparagraph 1., a
237
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m;ard one or more franchieeo '.;ithin its juriodiction for the
pro~ioion of cable oer~iee, and a provicler of cable oer~iee
ohall not pro~ide cable oervice o;ithout ouch franchioe. Each
municipality and county retaino authority to negotiate all termo
and conditiono of a cable oervice franehioe allO'.;ed by federal
la'.: and o. 1CC. 011;;, e](eept thooc termo and eonditiono related to
franehioe feeo and the definition of grooo revenueo or other
definitiono or mcthodologieo related to the payment or
aooeoomcnt of franehioe feeo and permit feeo ao provided in
246 paragraph (c) on previdero of cable oer~ieco. ~ municipality or
247 county may e](crcioe ita right to require from pro'Jiders of cable
248 oervice in lcind requiremento, including, but not limited to,
249 inoti tutioaal net'..'OrJw, and contributiono for, or in oupport of,
250 thc uoe or conotruction of public, educational, or go~ernmental
251 acceoo facilitieo to the extent pCrFflitted by fcderal la\:. 7',
252 provider of cable oervice may e][Crcioe ito right to rceover any
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253 ouch clCpenoco aooociated ',.-ith ouch in kind rcquireffiento, to the
254 extent permitted by federal la',.-.
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(b)
Registration described in paragraph oubparagraph (a)~
does not establish a right to place or maintain, or priority for
the placement or maintenance of, a communications facility in
roads or rights-of-way of a municipality or county. Each
municipality and county retains the authority to regulate and
manage municipal and county roads or rights-of-way in exercising
its police power. Any rules or regulations adopted by a
municipality or county which govern the occupation of its roads
or rights-of-way by providers of communications services must be
related to the placement or maintenance of facilities in such
roads or rights-of-way, must be reasonable and
nondiscriminatory, and may include only those matters necessary
to manage the roads or rights-of-way of the municipality or
county.
(e)
The authority of municipalities and counties to
270 require franchise fees from providers of communications
271 services, with respect to the provision of communications
272 services, is specifically preempted by the state, except aD
273 other-,.-ioe provided in oubparagraph (a) 2. , because of unique
274 circumstances applicable to providers of communications services
275 when compared to other utilities occupying municipal or county
276 roads or rights-of-way. Providers of communications services may
277 provide similar services in a manner that requires the placement
278 of facilities in municipal or county roads or rights-of-way or
279 in a manner that does not require the placement of facilities in
280 such roads or rights-of-way. Although similar communications
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281 services may be provided by different means, the state desires
282 to treat providers of communications services in a
283 nondiscriminatory manner and to have the taxes, franchise fees,
284 and other fees paid by providers of communications services be
285 competitively neutral. Municipalities and counties retain all
286 existing authority, if any, to collect franchise fees from users
287 or occupants of municipal or county roads or rights-of-way other
288 than providers of communications services, and the provisions of
289 this subsection shall have no effect upon this authority. The
290 provisions of this subsection do not restrict the authority, if
291 any, of municipalities or counties or other governmental
292 entities to receive reasonable rental fees based on fair market
293 value for the use of public lands and buildings on property
~94 outside the public roads or rights-of-way for the placement of
295 communications antennas and towers.
296
(f)
Except as expressly allowed or authorized by general
297 law and except for the rights-of-way permit fees subject to
298 paragraph (c), a municipality or county may not levy on a
299 provider of communications services a tax, fee, or other charge
300 or imposition for operating as a provider of communications
301 services within the jurisdiction of the municipality or county
302 which is in any way related to using its roads or rights-of-way.
303 A municipality or county may not require or solicit in-kind
304 compensation, except as otherwise provided in s. 202.24(2) (c)8.
305 or s. 610.109 oubparagraph (a)2. Nothing in this paragraph shall
306 impair any ordinance or agreement in effect on May 22, 1998, or
307 any voluntary agreement entered into subsequent to that date,
308 which provides for or allows in-kind compensation by a
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309 telecommunications company.
310
Section 6.
Section 337.4061, Florida Statutes, is amended
311 to read:
312
337.4061 Definitions; unlawful use of state-maintained
313 road right-of-way by nonfranchised cable and video tele~ioion
314 services.--
315
316
317
(1) As used in this section, the term:
(a) "Cable service" means:
1. The one-way transmission to subscribers of video
318 programming or any other programming service; and
319
2.
Subscriber interaction, if any, which is required for
320 the selection or use of such video programming or other
321 programming service.
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(b)
"Cable system" means a facility, consisting of a set
323 of closed transmission paths and associated signal generation,
324 reception, and control equipment that is designed to provide
325 cable service which includes video programming and which is
326 provided to multiple subscribers within a community, but such
327 term does not include:
328
1. A facility that serves only to retransmit the
329 television signals of one or more television broadcast stations;
330
2. A facility that serves only subscribers in one or. more
331 multiple-unit dwellings under common ownership, control, or
332 management, unless such facility or facilities use any public
333 right-of-way;
3. A facility that serves subscribers without using any
334
335 public right-of-way.
336
4.~ A facility of a common carrier that is subject, in
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whole or in part, to the provisions of Title II of the federal
Communications Act of 1934, except ~ such facility shall be
considered a cable system other than for purposes of 47 D.S.C.
Section 541(c) to the extent such facility is used in the
transmission of video programming directly to subscribers,
unless the extent of such use is solely to provide interactive
on-demand services; er
5.~ Any facilities of any electric utility used solely
for operating its electric utility systems; or7
6. An open video system that complies with 47 D.S.C.
Section 573.
(c) "Franchise" means an initial authorization or renewal
thereof issued by a franchising authority, whether such
authorization is designated as a franchise, permit, license,
resolution, contract, certificate, agreement, or otherwise,
which authorizes the construction or operation of a cable system
or video service provider network facilities.
(d) "Franchising authority" means any governmental entity
empowered by federal, state, or local law to grant a franchise.
356 (e) "Person" means an individual, partnership,
357 association, joint stock company, trust, corporation, or
358 governmental entity.
359 (f) "Video programming" means programming provided by or
360 generally considered comparable to programming provided by a
361 television broadcast station or cable system.
362 (g) "Video service" has the same meaning as that provided
363 in s. 610.103.
364
(2 )
It is unlawful to use the right-of-way of any state-
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365 maintained road, including appendages thereto, and also
366 ineluding, but not limited to, rest areas, wayside parks, boat-
367 launching ramps, weigh stations, and scenic easements, to
368 provide for cable or video service over facilities purpooco
369 within a geographic area subject to a valid existing franchise
370 for cable or video service, unless the cable or video service
371 provider oyotem using such right-of-way holds a franchise from a
372 franchise authority the municipality or county for the area in
373 which the right-of-way is located.
374
(3) A violation of this section shall be deemed a
375 violation of s. 337.406.
376 Section 7. Sections 610.102, 610.103, 610.104, 610.105,
377
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379
610.106, 610.107, 610.108, 610.109, 610.112, 610.ll3, 610.ll4,
610.115, 610.116, 610.117, 610.118, 610.119, and 610.120,
380
Florida Statutes, are created to read:
610.102 Department of State authority to issue statewide
381 cable and video franchise.--The department shall be designated
382 as the franchising authority for a state-issued franchise for
383 the provision of cable or video service. A municipality or
384 county may not grant a new franchise for the provision of cable
385 or video service within its jurisdiction.
386
610.103 Definitions.--As used in ss. 610.102-610.117:
387
388
(1) "Cable service" means:
(a) The one-way transmission to subscribers of video
389 programming or any other programming service.
390
(b) Subscriber interaction, if any, that is required for
391 the selection or use of such video programming or other
392 programming service.
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393
(2)
"Cable service provider" means a person that provides
394 cable service over a cable system.
395
(3 )
"Cable system" means a facility consisting of a set of
396 closed transmission paths and associated signal generation,
397 reception, and control equipment that is designed to provide
398 cable service that includes video programming and that is
399 provided to multiple subscribers within a community, but such
400 term does not include:
401
(a) A facility that serves only to retransmit the
402 television signals of one or more television broadcast stations;
403
(b) A facility that serves only subscribers in one or more
404 multiple-unit dwellings under common ownership, control, or
405
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management, unless such facility or facilities use any public
right-of-way;
(c) A facility that serves subscribers without using any
408 public right-of-way;
409 (d) A facility of a common carrier that is subject, in
410 whole or in part, to the provisions of Title II of the federal
411 Communications Act of 1934 except that such facility shall be
412 considered a cable system other than for purposes of 47 D.S.C.
413 Section 541(c) to the extent such facility is used in the
414 transmission of video programming directly to subscribers,
415 unless the extent of such use is solely to provide interactive
416 on-demand services;
417
(e) Any facilities of any electric utility used solely for
418 operating its electric utility systems; or
419 (f) An open video system that complies with 47 D.S.C.
420 Section 573.
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421
(4)
"Certificateholder" means a cable or video service
422 provider that has been issued and holds a certificate of
423 franchise authority from the department.
424
425
(5)
(6)
"Department" means the Department of State.
"Franchisell means an initial authorization or renewal
426 of an authorization, regardless of whether the authorization is
427 designated as a franchise, permit, license, resolution,
428 contract, certificate, agreement, or otherwise, to construct and
429 operate a cable system or video service provider network
430 facilities in the public right-of-way.
431
( 7)
"Franchise authority" means any governmental entity
432 empowered by federal, state, or local law to grant a franchise.
433
(8)
"Incumbent cable service provider" means a cable or
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video service provider providing cable or video service on July
435
436
1, 2007.
(9)
"Public right-of-way" means the area on, below, or
437 above a public roadway, highway, street, sidewalk, alley, or
438 waterway, including, without limitation, a municipal, county,
439 state, district, or other public roadway, highway, street,
440 sidewalk, alley, or waterway.
441
(10)
"video programming" means programming provided by, or
442 generally considered comparable to programming provided by, a
443 television broadcast station as set forth in 47 V.S.C. s.
444 522 (20) .
445
(ll)
"Video service" means video programming services,
446 including cable services, provided through wireline facilities
447 located at least in part in the public rights-of-way without
448 regard to delivery technology, including Internet protocol
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449 technology. This definition does not include any video
450 programming provided by a commercial mobile service provider as
451 defined in 47 D.S.C. s. 332(d), video programming provided as
452 part of, and via a service that enables end users to access
453 content, information, electronic mail, or other services offered
454 over the public Internet.
455
(12 )
"video service provider" means an entity providing
456 video service.
457
610.104 State authorization to provide cable or video
458 service. --
459 (1) An entity or person seeking to provide cable or video
460 service in this state after July 1, 2007, shall file an
461 application for a state-issued certificate of franchise
-~62 authority with the department as required by this section.
463 (2) An applicant for a state-issued certificate of
464 franchise authority to provide cable or video service shall
465 submit to the Department of State an application that contains:
466 (a) The official name of the cable or video service
467 provider.
468 (b) The street address of the principal place of business
469 of the cable or video service provider.
470
(c) The federal employer identification number or the
471 Department of State's document number.
472
(d) The name, address, and telephone number of an officer,
473 partner, owner, member, or manager as a contact person for the
474 cable or video service provider to whom questions or concerns
475 may be addressed.
476 (e) A duly executed affidavit signed by an officer,
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477 partner, owner, or managing member affirming and containing:
478 1. That the applicant is fully qualified under the
479
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489
'~~90
provisions of this chapter to file an application and affidavit
for a certificate of franchise authority.
2. That the applicant has filed or will timely file with
the Federal Communications Commission all forms required by that
agency in advance of offering cable or video service in this
state.
3. That the applicant agrees to comply with all applicable
federal and state laws and regulations, to the extent such state
laws and rules are not in conflict with or superseded by the
provisions of this chapter or other applicable state law.
4. That the applicant agrees to comply with all state laws
and rules and municipal and county ordinances and regulations
491 regarding the placement and maintenance of communications
492 facilities in the public rights-of-way that are generally
493 applicable to providers of communications services in accordance
494 with s. 337.401.
495
5. A description of the service area for which the
496 applicant seeks a certificate of franchise authority provided on
497 a municipal or countywide basis. The description may be provided
498 in a manner that does not disclose competitively sensitive
499 information. Notwithstanding the foregoing:
500
a.
For incumbent cable or video service providers that
501 have existing local franchise agreements, the service area shall
502 be coextensive with the provider's service area description in
503 the existing local franchise.
504
b.
For applicants using telecommunications facilities to
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provide video services, the service area shall be described in
terms of entire wire centers that mayor may not be consistent
with municipal or county boundaries except any portion of a
specific wire center which will remain subject to an existing
cable or video franchise agreement until the earlier of the
agreement's expiration or termination.
6. The location of the applicant's principal place of
business, the names of the applicant's principal executive
officers, and a physical address sufficient for the purposes of
chapter 48.
7. That the applicant will file with the department a
notice of commencement of service within 5 business days after
first providing service in each area described in subparagraph
5.
8. A statement affirming that the applicant will notify
the department of any change of address or contact person.
9. The applicant's system shall comply with the Federal
Communications Commission's rules and regulations of the
Emergency Alert System.
(3) Before the lOth business day after the department
receives the application, the department shall notify the
applicant whether the application and affidavit described in
subsection (2) are complete. If the department rejects the
application and affidavit, the department shall specify with
particularity the reasons for the rejection and permit the
applicant to amend the application or affidavit to cure any
deficiency. The department shall act upon the amended
application or affidavit within 10 business days after the
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department's receipt of the amended application or affidavit.
(4) The department shall issue a certificate of franchise
authority to the applicant before the 15th business day after
receipt of an accepted application. The certificate of franchise
authority issued by the department shall contain:
(a) The name of the certificateholder and its
identification number.
(b) A grant of authority to provide cable or video service
as requested in the application.
(c) A grant of authority to construct, maintain, and
operate facilities through, upon, over, and under any public
right-of-way or waters, subject to the applicable governmental
permitting or authorization from the Board of Trustees of the
Internal Improvement Trust Fund.
(d) A statement that the grant of authority is subject to
lawful operation of the cable or video service by the applicant
or its successor in interest.
(e) A statement that describes the service area for which
this certificate of authority applies.
(f) A statement that includes the issuance date that shall
be the effective date of the commencement of this authority.
(5) If the department fails to act on the accepted
application within 30 business days after receiving the accepted
application, the application shall be deemed approved by the
department without further action.
(6) A certificateholder that seeks to include additional
service areas in its current certificate shall file an amendment
to the certificate with the department. Such amendment shall
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566
567
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570
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specify the name and address of the certificateholder, the new
service area or areas to be served, consistent with subparagraph
(2) (e)5., but need not be coextensive with municipal or county
boundaries, and the effective date of commencement of operations
in the new service area or areas. Such amendment shall be filed
with the department within 5 business days after first providing
service in each such additional area.
(7) The certificate of franchise authority issued by the
department is fully transferable to any successor in interest to
the applicant to which the certificate is initially granted. A
notice of transfer shall be filed with the department and the
relevant municipality or county within 14 business days
following the completion of such transfer.
(8) The certificate of franchise authority issued by the
department may be terminated by the cable or video service
provider by submitting notice to the department.
(9) An applicant may challenge a rejection of an
application by the department in a court of competent
jurisdiction through a petition for mandamus.
(10) In executing the provisions of this section, the
department shall function in a ministerial capacity accepting
information contained in the application and affidavit at face
value. The applicant shall ensure continued compliance with all
applicable business formation, registration, and taxation
provisions of law.
(11) The application shall be accompanied by a one-time
fee of $10,000. A parent company may file a single application
covering itself and all of its subsidiaries and affiliates
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intending to provide cable or video service in the service areas
throughout the state as described in paragraph (3) (d), but the
entity actually providing such service in a given area shall
otherwise be considered the certificateholder under this act.
(12) Beginning 5 years after approval of the
certificateholder's initial certificate of franchise issued by
the department, and every 5 years thereafter, the
certificateholder shall update the information contained in the
original application for a certificate of franchise. At the time
of filing the information update, the certificateholder shall
pay a processing fee of $1,000. Any certificateholder that fails
to file the updated information and pay the processing fee on
the 5-year anniversary dates shall be subject to cancellation of
its state-issued certificate of franchise authority if, upon
notice given to the certificateholder at its last address on
file with the department, the certificateholder fails to file
the updated information and pay the processing fee within 30
days after the date notice was mailed. The application and
processing fees imposed in this section shall be paid to the
Department of State for deposit into the Operating Trust Fund
for immediate transfer by the Chief Financial Officer to the
General Inspection Trust Fund of the Department of Agriculture
and Consumer Services. The Department of Agriculture and
Consumer Services shall maintain a separate account within the
General Inspection Trust Fund to distinguish cable franchise
revenues from all other funds. The application, any amendments
to the certificate, or information updates must be accompanied
by a fee to the Department of State equal to that for filing
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617 articles of incorporation pursuant to s. 607.0122(1).
618
619
610.105 Eligibility for state-issued franchise.--
(1) After July 1, 2007, an incumbent cable or video
620 service provider is immediately eligible at its option to apply
621 for a state-issued certificate of franchise authority under this
622 chapter and shall file a written notice with the applicable
623 municipality or county in which the provider provides cable or
624 video service simultaneously with any filing with the department
625 under this chapter. The applicable municipal or county franchise
626 is terminated under this section on the date the department
627 issues the state-issued certificate of franchise authority.
628
629
-<;30
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632
633
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635
(2)
If an incumbent cable or video service provider has
been granted a state-issued certificate of franchise authority
that covers all or a portion of a municipality or county, any
obligation under any existing municipal or county franchise that
exceeds the obligations imposed on the certificateholder in the
area covered by the certificate shall be against public policy
and void.
610.106 Franchise fees prohibited.--Except as otherwise
636 provided in this chapter, the department may not impose any
637 taxes, fees, charges, or other impositions on a cable or video
638 service provider as a condition for the issuance of a state-
639 issued certificate of franchise authority. No municipality or
640 county may impose any taxes, fees, charges, or other exactions
641 on certificateholders in connection with use of public right-of-
642 way as a condition of a certificateholder doing business in the
643 municipality or county, or otherwise, except such taxes, fees,
644 charges, or other exactions permitted by chapter 202, s.
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646
645 337.401(6), or s. 610.117.
610.107 Buildout.--No franchising authority, state agency,
647 or political subdivision may impose any buildout, system
648 construction, or service deployment requirements on a
649 certificateholder.
650
651
610.108 Customer service standards.--
(1)
All cable or video service providers shall comply with
652 customer service requirements in 47 C.F.R. s. 76.309(c).
653
654
655
656
657
-/,)58
659
660
661
662
663
(2)
Any municipality or county that, as of January 1,
2007, has an office or department dedicated to responding to
cable or video service customer complaints may continue to
respond to such complaints until July 1, 2009. Beginning July 1,
2009, the Department of Agriculture and Consumer Services shall
have the sole authority to respond to all cable or video service
customer complaints. This provision does not permit the
municipality, county, or department to impose customer service
standards inconsistent with the requirements in 47 C.F.R. s.
76.309(c)
(3)
The Department of Agriculture and Consumer Services
664 shall receive service quality complaints from customers of a
665 cable or video service provider and shall address such
666 complaints in an expeditious manner by assisting in the
667 resolution of such complaint between the complainant and the
668 cable or video service provider. The Department of Agriculture
669 and Consumer Services may adopt any procedural rules pursuant to
670 ss. 120.536(1) and 120.54 necessary to administer this section,
671 but shall not have any authority to impose any customer service
672 requirements inconsistent with those contained in 47 C.F.R. s.
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674
673 76.309 (c) .
610.109 Public, educational, and governmental access
676
675 channels.--
( 1)
A certificateholder, not later than 180 days following
677 a request by a municipality or county within whose jurisdiction
678 the certificateholder is providing cable or video service, shall
679 designate a sufficient amount of capacity on its network to
680 allow the provision of public, educational, and governmental
681 access channels for noncommercial programming as set forth in
682 this section.
683
684
685
......,,86
687
688
689
690
(2)
A certificateholder shall designate a sufficient
amount of capacity on its network to allow the provision of the
same number of public, educational, and governmental access
channels or their functional equivalent that a municipality or
county has activated under the incumbent cable or video service
provider's franchise agreement as of July 1, 2007. For the
purposes of this section, a public, educational, or governmental
channel is deemed activated if the channel is being used for
691 public, educational, or governmental programming within the
692 municipality or county. The municipality or county may request
693 additional channels or their functional equivalent permitted
694 under the incumbent cable or video service provider's franchise
695 agreement as of July 1, 2007. Upon the expiration of the
696 incumbent cable or video service provider's franchise agreement
697 or within 6 months after a request of a municipality or county
698 for an additional channel or its functional equivalent, a public
699 access channel or capacity equivalent may be furnished after a
700 polling of all subscribers of the cable or video service in
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703
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720
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their service area. The usage of one public access channel or
capacity equivalent shall be determined by a majority of all the
provider's subscribers in the jurisdiction. The video or cable
service subscribers must be provided with clear, plain language
informing them that public access is unfiltered programming and
may contain adult content.
(3) If a municipality or county did not have public,
educational, or governmental access channels activated under the
incumbent cable or video service provider's franchise agreement
as of July 1, 2007, after the expiration date of the incumbent
cable or video service provider's franchise agreement and within
6 months after a request by the municipality or county within
whose jurisdiction a certificateholder is providing cable or
video service, the certificateholder shall furnish up to two
public, educational, or governmental channels or their
functional equivalent. The usage of the channels or their
functional equivalent shall be determined by a majority of all
the video service provider's subscribers in the jurisdiction in
order of preference of all video service subscribers. Cable or
video service subscribers must be provided with clear, plain
language informing them that public access is unfiltered
programming and contains adult content.
(4) If a municipality or county has not used the number of
access channels or their functional equivalent permitted by
subsection (3), access to the additional channels or their
functional equivalent allowed in subsection (3) shall be
provided upon 6 months' written notice.
(5) A public, educational, or governmental access channel
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729 authorized by this section is deemed activated and substantially
730 used if the channel is being used for public, educational, or
731 governmental access programming within the municipality or
732 county for at least 10 hours per day on average, of which at
733 least 5 hours must be nonrepeat programming and as measured on a
734 quarterly basis. Static information screens or bulletin-board
735 programming shall not count toward this 10-hour requirement. If
736 the applicable access channel does not meet this utilization
737 criterion, the video service provider shall notify the
738
739
740
741
-742
743
744
745
746
747
748
applicable access provider in writing of this failure. If the
access provider fails to meet this utilization criterion in the
subsequent quarter, the cable or video service provider may
reprogram the channel at its discretion. The cable or video
service provider shall work in good faith with the access
provider to attempt to provide future carriage of the applicable
access channel within the limits of this section if the access
provider can make reasonable assurances that its future
programming will meet the utilization criteria set out in this
subsection.
(6)
A cable or video service provider may locate any
749 public, educational, or governmental access channel on its
750 lowest digital tier of service offered to the provider's
751 subscribers. A cable or video service provider must notify its
752 customers and the applicable municipality or county at least 120
753 days prior to relocating the applicable educational or
754 governmental access channel.
755
( 7)
The operation of any public, educational, or
756 governmental access channel or its functional equivalent
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757 provided under this section shall be the responsibility of the
758 municipality or county receiving the benefit of such channel or
759 its functional equivalent, and a certificateholder bears only
760 the responsibility for the transmission of such channel content.
761 A certificateholder shall be responsible for the cost of
762 providing the connectivity to one origination point for each
763 public, educational, or governmental access channel up to 200
764 feet from the certificateholder's activated video service
765 distribution plant.
766
(8)
The municipality or county shall ensure that all
767 transmissions, content, or programming to be transmitted over a
768 channel or facility by a certificateholder are provided or
769 submitted to the cable or video service provider in a manner or
-770 form that is capable of being accepted and transmitted by a
771 provider without any requirement for additional alteration or
772 change in the content by the provider, over the particular
773 network of the cable or video service provider, which is
774 compatible with the technology or protocol used by the cable or
775 video service provider to deliver services. To the extent that a
776 public, educational, or governmental channel content provider
777 has authority, the delivery of public, educational, or
778 governmental content to a certificateholder constitutes
779 authorization for the certificateholder to carry such content,
780 including, at the provider's option, authorization to carry the
781 content beyond the jurisdictional boundaries of the municipality
782 or county.
783
(9)
Where technically feasible, a certificateholder and an
784 incumbent cable service provider shall use reasonable efforts to
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785 interconnect their networks for the purpose of providing public,
786 educational, and governmental programming. Interconnection may
787 be accomplished by direct cable, microwave link, satellite, or
7S8 other reasonable method of connection. Certificateholders and
789 incumbent cable service providers shall negotiate in good faith
790 and incumbent cable service providers may not withhold
791 interconnection of public, educational, and governmental
792 channels. The requesting party shall bear the cost of such
793 interconnection.
794
(10) A certificateholder is not required to interconnect
795 for, or otherwise to transmit, public, educational, and
796 governmental content that is branded with the logo, name, or
797
other identifying marks of another cable or video service
provider, and a municipality or county may require a cable or
-798
799 video service provider to remove its logo, name, or other
SOO identifying marks from public, educational, and governmental
801 content that is to be made available to another provider. This
S02 subsection does not apply to the logo, name, or other
803 identifying marks of the public, educational, or governmental
804 programmer or producer.
805
(11) A mu~icipality or county that has activated at least
S06 one public, educational, or governmental access channel pursuant
807 to this section may require cable or video service providers to
808 remit public, educational, and governmental support
S09 contributions in an amount equal to a lump-sum or recurring per-
810 subscriber funding obligation to support public, educational,
811 and governmental access channels, or other related costs as
812 provided for in the incumbent's franchise that exists prior to
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813 July 1, 2007, until the expiration date of the incumbent cable
814 or video service provider's franchise agreement. Any prospective
815 lump-sum payment shall be made on an equivalent per-subscriber
816 basis calculated as follows: the amount of prospective funding
817 obligations divided by the number of subscribers being served by
818 the incumbent cable or video service provider at the time of
819 payment, divided by the number of months remaining in the
820 incumbent cable or video service provider's franchise equals the
821 monthly per-subscriber amount to be paid by the
822 certificateholder. The obligations set forth in this subsection
823 apply until the earlier of the expiration date of the incumbent
824 cable or video service provider's franchise agreement or July 1,
825 2012. For purposes of this subsection, an incumbent cable or
--826 video service provider is the service provider serving the
827 largest number of subscribers as of July 1, 2007.
828
(12) A court of competent jurisdiction shall have
829 exclusive jurisdiction to enforce any requirement under this
830 section.
831
610.112 Cable or video services for public facilities.--
832 Upon a request by a municipality or county, a certificateholder
833 shall provide, within 90 days after receipt of the request, one
834 active basic cable or video service outlet to K-12 public
835 schools, public libraries, or local government administrative
836 buildings, to the extent such buildings are located within 200
837 feet of the certificateholder's activated video distribution
838 plant. At the request of the municipality or county, the
839 certificateholder shall extend its distribution plant to serve
840 such buildings located more than 200 feet from the
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841 certificateholder's activated video distribution plant. In such
842 circumstances, the governmental entity owning or occupying the
843 building is responsible for the time and material costs incurred
844 in extending the certificateholder's activated video
845 distribution plant to within 200 feet adjacent to the building.
846 The cable or video services provided under this section shall
847 not be available in an area viewed by the general public and may
848 not be used for any commercial purpose.
849
850
610.113 Nondiscrimination by municipality or county.--
(1)
A municipality or county shall allow a
851 certificateholder to install, construct, and maintain a network
852 within a public right-of-way and shall provide a
853 certificateholder with comparable, nondiscriminatory, and
-854
855
856
857
competitively neutral access to the public right-of-way in
accordance with the provisions of s. 337.401. All use of a
public right-of-way by a certificateholder is nonexclusive.
(2)
A municipality or county may not discriminate against
858 a certificateholder regarding:
859
(a)
The authorization or placement of a network in a
860 public right-of-way;
861
862
863
864
(b) Access to a building or other property; or
(c) Utility pole attachment terms and conditions.
610.114 Limitation on local authority.--
(1) A municipality or county may not impose additional
865 requirements on a certificateholder, including, but not limited
866 to, financial, operational, and administrative requirements,
867 except as expressly permitted by this chapter. A municipality or
868 county may not impose on activities of a certificateholder a
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875
876
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881
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887
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891
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requirement:
(a) That particular business offices be located in the
municipality or county;
(b) Regarding the filing of reports and documents with the
municipality or county that are not required by state or federal
law and that are not related to the use of the public right-of-
way. Reports and documents other than schematics indicating the
location of facilities for a specific site that are provided in
the normal course of the municipality's or county's permitting
process, that are authorized by s. 337.401 for communications
services providers, or that are otherwise required in the normal
course of such permitting process shall not be considered
related to the use of the public right-of-way for communications
service providers. A municipality or county may not request
information concerning the capacity or technical configuration
of a certificateholder's facilities;
(c) For the inspection of a certificateholder's business
records; or
(d) For the approval of transfers of ownership or control
of a certificateholder's business, except that a municipality or
county may require a certificateholder to provide notice of a
transfer within a reasonable time.
(2) Notwithstanding any other provision of law, a
municipality or county may require the issuance of a permit in
accordance with and subject to s. 337.401 to a certificateholder
that is placing and maintaining facilities in or on a public
right-of-way in the municipality or county. In accordance with
s. 337.402, the permit may require the permitholder to be
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897 responsible, at the permitholder's expense, for any damage
898 resulting from the issuance of such permit and for restoring the
899 public right-of-way to its original condition before
900 installation of such facilities. The terms of the permit shall
901 be consistent with construction permits issued to other
902 providers of communications services placing or maintaining
903 communications facilities in a public right-of-way.
904
90S
610.115 Discrimination prohibited.--
(1)
The purpose of this section is to prevent
906 discrimination among potential residential subscribers.
907
908
909
-q10
(2) A cable or video service provider may not deny access
to service to any individual or group of potential residential
subscribers because of the race or income of the residents in
the local area in which the individual or group resides.
Enforcement of this section shall be in accordance with s.
911
912
913
501.2079.
610.116 Compliance.--If a certificateholder is found by a
914 court of competent jurisdiction not to be in compliance with the
915 requirements of this chapter, the certificateholder shall have a
916 reasonable period of time, as specified by the court, to cure
917 such noncompliance.
918
610.117 Limitation.--Nothing in this chapter shall be
919 construed to give any local government or the department any
920 authority over any communications service other than cable or
921 video services whether offered on a common carrier or private
922 contract basis.
923
924
610.118 Impairment; court-ordered operations.--
(1)
If an incumbent cable or video service provider is
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925 required to operate under its existing franchise and is legally
926 prevented by a lawfully issued order of a court of competent
927 jurisdiction from exercising its right to terminate its existing
928 franchise pursuant to the terms of s. 610.105, any
929 certificateholder providing cable service or video service in
930 whole or in part within the service area that is the subject of
931 the incumbent cable or video service provider's franchise shall,
932 for as long as the court order remains in effect, comply with
933 the following franchise terms and conditions as applicable to
934 the incumbent cable or video service provider in the service
935 area:
936
(a)
The certificateholder shall pay to the municipality or
937 county:
-')38
1. Any prospective lump-sum or recurring per-subscriber
939 funding obligations to support public, educational, and
940 governmental access channels or other prospective franchise-
941 required monetary grants related to public, educational, or
942 governmental access facilities equipment and capital costs.
943 Prospective lump-sum payments shall be made on an equivalent
944 per-subscriber basis calculated as follows: the amount of the
945 prospective funding obligations divided by the number of
946 subscribers being served by the incumbent cable service provider
947 at the time of payment, divided by the number of months
948 remaining in the incumbent cable or video service provider's
949 franchise equals the monthly per subscriber amount to be paid by
950 the certificateholder until the expiration or termination of the
951 incumbent cable or video service provider's franchise; and
952
2 .
If the incumbent cable or video service provider is
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953 required to make payments for the funding of an institutional
954 network, the certificateholder shall pay an amount equal to the
955 incumbent's funding obligations but not to exceed 1 percent of
956 the sales price, as defined in s. 202.11(13), for the taxable
957 monthly retail sales of cable or video programming services the
958 certificateholder received from subscribers in the affected
959 municipality or county. All definitions and exemptions under
960 chapter 202 apply in the determination of taxable monthly retail
961 sales of cable or video programming services.
962 (b) Payments are not due under this subsection until 45
963 days after the municipality or county notifies the respective
964 providers.
965 (c) Any certificateholder may designate that portion of
'-")66 that subscriber's bill attributable to any fee imposed pursuant
967 to this section as a separate item on the bill and recover such
968 amount from the subscriber.
969 (2) The provisions of subsection (1) do not alter the
970 rights of a cable service or video service provider with respect
971 to service areas designated pursuant to s. 610.104(2) (e)S. Any
972 certificateholder providing cable service or video service in a
973 service area covered by the terms of an existing cable or video
974 service provider's franchise that is subject to a court or other
975 proceeding challenging the ability of an incumbent cable or
976 video service provider to exercise its legal right to terminate
977 its existing cable franchise pursuant to s. 610.105 has the
978 right to intervene in such proceeding.
979 610.119 Reports to the Legislature.--
980 (1) The Office of Program Policy Analysis and Government
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984
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986
987
988
989
990
991
992
993
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995
996
997
998
999
1000
1001
1002
1003
1004
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Accountability shall submit to the President of the Senate, the
Speaker of the House of Representatives, and the majority and
minority leaders of the Senate and House of Representatives, by
December 1, 2009, and December 1, 2014, a report on the status
of competition in the cable and video service industry,
including, by each municipality and county, the number of cable
and video service providers, the number of cable and video
subscribers served, the number of areas served by fewer than two
cable or video service providers, the trend in cable and video
service prices, and the identification of any patterns of
service as they impact demographic and income groups.
(2) By January IS, 2008, the Department of Agriculture and
Consumer Services shall make recommendations to the President of
the Senate, the Speaker of the House of Representatives, and the
majority and minority leaders of the Senate and House of
Representatives regarding the workload and staffing requirements
associated with consumer complaints related to video and cable
certificateholders. The Department of State shall provide to the
Department of Agriculture and Consumer Services, for inclusion
in the report, the workload requirements for processing the
certificates of franchise authority. In addition, the Department
of State shall provide the number of applications filed for
cable and video certificates of franchise authority and the
number of amendments received to original applications for
franchise certificate authority.
610.120 Severability.--If any provision of ss. 610.102-
610.119 or the application thereof to any person or circumstance
is held invalid, such invalidity shall not affect other
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provisions or application of ss. 610.102-610.119 which can be
given effect without the invalid provision or application, and
to this end the provisions of ss. 610.102-610.119 are severable.
Section 8. Paragraph (a) of subsection (3) of section
350.81, Florida Statutes, is amended to read:
350.81 Communications services offered by governmental
enti ties.--
(3) (a) A governmental entity that provides a cable or
1017 video service shall comply with the Cable Communications Policy
1018 Act of 1984, 47 U.S.C. ss. 521 et seq., the regulations issued
1019 by the Federal Communications Commission under the Cable
1020 Communications Policy Act of 1984, 47 U.S.C. ss. 521 et seq.,
1021 and all applicable state and federal rules and regulations,
-022
.1023
1024
1025
1026
1027
including, but not limited to, o. 16(.01( ~nd those provisions
of chapters 202, 212, aftEi 337!- and 610 that "hich apply to a
provider of the services.
Section 9. Section 364.0361, Florida Statutes, is amended
to read:
364.0361 Local government authority; nondiscriminatory
1028 exercise.--A local government shall treat each
1029 telecommunications company in a nondiscriminatory manner when
1030 exercising its authority to grant franchises to a
1031 telecommunications company or to otherwise establish conditions
1032 or compensation for the use of rights-of-way or other public
1033 property by a telecommunications company. A local government may
1034 not directly or indirectly regulate the terms and conditions,
1035 including, but not limited to, the operating systems,
1036
qualifications, services, service quality, service territorYI
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1039
1040
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1043
1044
1045
1046
1047
1048
1049
-~SO
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
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ENROLLED
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and prices, applicable to or in connection with the provision of
any voice-over-Internet protocol, regardless of the platform,
provider, or protocol, broadband or information service. This
section does not relieve a provider from any obligations under
o. 1ee.Ole or s. 337.401.
section 10.
Subsections (6), (7), and (8) of section
364.051, Florida Statutes, are amended to read:
364.051 Price regulation.--
(e) 1'.fter a local e]whange telecommunicatio"s company that
has more than 1 million access linea i" ocrvice has rcduced ita
i"trastatc o~itckcd nctwe~' acccso ro.teo to parity, as dcfined
in o. 3e1.1el (Sl, thc local c]whangc tclccommunicationo
compa,,)' , s retail scrJicc quality rcquiI'cmento tko.t arc not
alI'eo.Ely cqual to thc ocrvice quality rcquiremento impooed upon
thc compctitive local eJ[chaRge tclecommuRicationo companieo
ohall at the company's rcqucot to the commiooion be no grcater
than thoDe impooed upon compctitive local cltchangc
telecommunioo.tiono compo.nico unleoo the commiooion, ',cithin 120
da)'o after the company' 0 requeot, determinco othcr.cioe. In ouch
c~crrt, the oommiooion m~y gr~nt Dome rcductiono in ocrvicc
quality rcquiremento in oomc or all of thc COffipo.n:z" 0 local
calling areao. The commioGion may not impooe retail ocryice
quality rCE[uircments on competitive local cJ[change
tclccommunic~tiono companieD grcatcy than thODe c](ioting on
January 1, 2003.
(7) 1'.ftcr 0. local Cltcho.nge telccommunicationo company that
haG more than 1 million acceos lineD in oervice has rcauccd ita
intr:J.otatc o.y;i tchcd nct',:or]: ::Loceoo r.:ltco to p.:lri ty / :.10 defined
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1074
1075
1076
1077
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.1079
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ENROLLED
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in 0.2"1.161(5), the local c,whange tclecommunicationo cempany
may fletition tl1e commiooion for re",ulatery trcatmcnt of ita
retail occ:iceo at a le':cl no greater than that impooed by the
commission upon compcti ti ve loc:lI elwho.nge telccommunico.tiono
comp:lnico. Thc loc:ll Clwh:lngc tclecoffiHlunic:ltiono compo.ny oh:lll.
(a)
Cho',' tho.t gro.nting the flcti tion io in the public
intercot;
(b)
Dcmonotr:lte th:lt the compctition fo.ced by the comp:lny
io sufficicnt o.nd ouot:lin:lble to 0.110\: such competition to
oUflpl:lnt regul:ltion by the commiooion, o.nd
(c)
Rcauce its intr:lst:lte o'..'itchcd nct',:or]( o.cceSO rateo to
ito loc:ll reciproc:l1 intcrconnection ro.te upon the gr:lnt of thc
petition.
Thc commisoion oh:lll o.ct upon ouch a pctition .,ithin 9 montho
o.fter ita filing "ith the commiosion. Thc commission m:lY not
incrcaoe the lcvcl of regulation for competi ti ve lOCo.I elwhcmge
telecommunicationo comp:lnieo to 0. levcl grc:lter th:ln th:lt '"hich
clCioto on the d:lte the lOCo.l elwho.nge telccommunicationo comp:lny
filcs its petition.
( 8)
The provioiono deocribed in ouboectiono (C) o.nd (7)
oho.ll o.flply to any local elwho.Rge tclecommunico.tiono company
\,'ith 1 million or fC'.lcr lineo iR occ:ice tho.t ho.O rcduccd ita
intr:lsto.tc m.'i tcl1ed Ret'.:cr], access rates to a lc:cl equal to thc
compo.ny' 8 intcrot:ltc o'..'itchcd Ret'.:orJe acccOO rates in cffcct on
January 1, 2003.
Section 11.
Paragraph (h) of subsection (3) of section
364.10, Florida Statutes, is amended to read:
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hb0529-04-er
_._._.d.'
FLORIDA
H 0 USE
o F
REPRESENTATIVES
1093
1094
1095
1096
ENROLLED
CS/CS/HB 529, Engrossed 1
2007 Legislature
364.10 Undue advantage to person or locality prohibited;
Lifeline service.--
(3 )
(h)l. By December 31, 2007 ~, each state agency that
1097 provides benefits to persons eligible for Lifeline service shall
1098 undertake, in cooperation with the Department of Children and
1099
1100
1101
1102
1103
1104
1105
~1_06
n07
1108
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
Family Services, the Department of Education, the commission,
the Office of Public Counsel, and telecommunications companies
providing Lifeline services, the development of procedures to
promote Lifeline participation.
2. If any state agency determines that a person is
eligible for Lifeline services, the agency shall immediately
forward the information to the commission to ensure that the
person is automatically enrolled in the program with the
appropriate eligible telecommunications carrier. The state
agency shall include an option for an eligible customer to
choose not to subscribe to the Lifeline service. The Public
Service Commission and the Department of Children and Family
Services shall, no later than December 31, 2007, adopt rules
creating procedures to automatically enroll eligible customers
in Lifeline service.
3. The commission, the Department of Children and Family
Services, and the Office of Public Counsel shall enter into a
memorandum of understanding establishing the respective duties
of the commission, the department, and the public counsel with
respect to the automatic enrollment procedures no later than
December 31, 2007.
Section 12. Section 364.163, Florida Statutes, is amended
Page 40 of 45
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hb0529-04-er
F LOR
D A
HOUSE
o F
R E PRE S E N TAT
V E S
1121
1122
1123
1124
1125
1126
1127
1128
1129
1130
1131
1132
1133
"".34
.1135
1136
1137
1138
1139
1140
1141
1142
1143
1144
1145
1146
1147
1148
ENROLLED
CS/CS/HB 529, Engrossed 1
2007 Legislature
to read:
364.163 Network access services.--For purposes of this
section, the term "network access service" is defined as any
service provided by a local exchange telecommunications company
to a telecommunications company certificated under this chapter
or licensed by the Federal Communications Commission to access
the local exchange telecommunications network, excluding the
local interconnection arrangements in s. 364.16 and the resale
arrangements in s. 364.161. Each local exchange
telecommunications company subject to s. 364.051 shall maintain
tariffs with the commission containing the terms, conditions,
and rates for each of its network access services. The switched
network access service rates in effect immediately prior to July
1, 2007, shall be, and shall remain, capped at that level until
July 1, 2010. An interexchange telecommunications company may
not institute any intrastate connection fee or any similarly
named fee.
(1)
1'.fter ::1 locill cJ[ch::1n'3e telEecoffimuniciltiono c offill any , 0
intr::1otilte mJi tchcd netuorJc ::1CCCOO riltco ::1rc reduced to or bclo..J
pilrity, ::10 dcfined in o. JC1.1Cl(S), thc company'o intr::1otilte
o....i tched net',mrlc acccoo ratco ohilll be, and ohall remain, cilpped
for J yearo.
(2) fillY intrilotate intereltchange telccoffimuRiciltiono
company ,..hooc intraotilte o.,..i tched net',iorlc aooeoo ratc io reduccd
ilO a reoult of thEe ratc ildjuotmcnto madc by il local eJwhange
tclecommunicationo company in ilccordance ,..i th o. J bl. 1C 1 ohall
deoreiloe i to intraotiltc long diotilncc ro-:enuco by the amount
ncceooary to return the bCRcfito of ouch reduction to both ita
Page 41 of 45
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hb0529-04-er
F LOR
D A
H 0 USE
o F
REPRESENTATIVES
1149
1150
1151
1152
1153
1154
1155
1156
1157
1158
1159
1160
1161
..M.,1.62
.1163
1164
1165
1166
1167
1168
1169
1170
1171
1172
1173
1174
1175
1176
ENROLLED
CS/CS/HB 529, Engrossed 1
2007 Legislature
rcoidential and buoincoo cuotomcro. The intraotate intere][changc
tclecommunicationo company ma,' detcrmine thc opccific intraotatc
ratco to be dccrcaoed, providcd that rcoidcntial and buoineoo
cuotomers bcnefit from the rClte decreasco. l'JiY in otatc
conncction fee or oiffiilarly nClmed fcc ohall be cliffiinatcd by
July 1, 200(, provided that the timctable detcrmined purouant to
o. 361 .1C 1 (1) reduceD intraotate m:itched nct\:ork acceoo rateo
in an amount that reoulto in thc elimination of ouch fee in a
revenue ncutral manner. Thc tariff changeo, if any, made by the
intL1.8tate intere]whange telecommunicationo compcmy to carry out
thc rcquircmento of this oubocction shall be prcoumcd valid and
ohall become cffectivc on 1 day'o notice.
(3 )
Thc commiooion ohall ha':e continuing regulatory
oversight of intraotate m:itchod net\:orJe ClOeeoo and cuotomer
long diotance ratcs for purpooeo of determining thc correctneoo
of cmy rate decrease by a tclecommunicationo company rcoul ting
from the application of o. J 6 L 1C 1 and maJdng any neceooary
adjuotmeRto to thooe ratco.
Section 13.
Subsection (4) is added to section 364.385,
Florida Statutes, to read:
364.385 Saving clauses.--
(4)
The rates and charges for basic local
telecommunications service and network access service approved
~he commission in accordance with the decisions set forth in
Orders Nos. PSC 03-1469-FOF-TL and PSC 04-04S6-FOF-TL, and which
are in effect immediately prior to July 1, 2007, shall remain in
effect and such rates and charges may not be changed after the
effective date of this act, except in accordance with the
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H 0 USE
o F
REPRESENTATIVES
1177
1178
1179
1180
1181
1182
1183
1184
1185
1186
1187
1188
1189
"'-190
.1191
1192
1193
1194
ENROLLED
CS/CS/HB 529, Engrossed 1
2007 Legislature
provisions of ss.364.0S1 and 364.163.
Section 14. Sections 166.046 and 364.164, Florida
Statutes, are repealed.
Section IS. Section 501.2079, Florida Statutes, is created
to read:
501.2079 Violations involving discrimination in the
provision of video services.--
(1) As used in this section, the term:
(a) "Cable service 11 has the same meaning as in s.
610.103 (1) .
(b)
Ilvideo servicell has the same meaning as in s.
610.103 (11) .
(c)
"Resident" means a resident residing within a service
area as set out in ss. 610.104(2) (e)S. and 610.104(6).
(d)
"Provider" means a cable or video service provider
that has been issued and holds a statutory certificate of
franchise authority from the Department of State.
(e)
"Discrimination" means the denial of access to cable
1195 or video service to any individual or group of residents because
1196 of the race or income of the residents in the local area in
1197 which such individual or group resides. Such discrimination
1198 shall be prohibited as to residents throughout the service area
1199 of the municipality or county within which service is provided.
1200
(2) Discrimination among residents by a provider of cable
1201 or video services is declared unlawful and constitutes a
1202 violation of this section.
1203
1204
(3) For purposes of determining whether a provider has
violated subsection (2), a cable or video service provider may
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REPRESENTATIVES
ENROLLED
CS/CS/HB 529, Engrossed 1
2007 Legislature
1205 satisfy the nondiscrimination requirements of this section
1206 through the use of alternative technology that offers service,
1207 functionality, and content that is demonstrably similar to that
1208 provided through the provider's system and may include a
1209 technology that does not require the use of any public right-of-
1210 way. The technology used to comply with the requirements of this
1211 section is subject to all the requirements of chapter 610. If a
1212 provider makes cable or video service available within a
1213 reasonable period of time from the initiation of service to
1214
1215
1216
1217
"""~18
.1219
1220
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
1231
1232
residents in its service area, the provider shall be presumed to
be in compliance with subsection (2). A provider is not required
to offer or provide service to end users residing in an area
having a density of fewer than 30 homes per linear cable mile
from the provider's nearest activated video distribution plant.
This section does not impose a buildout requirement.
(4) For purposes of determining whether a provider has
violated subsection (2), cost, density, distance, and
technological or commercial limitations shall be taken into
account. The inability to provide access to cable or video
service because a provider is prohibited from placing its own
facilities in a building or property or due to natural disasters
is not a violation of subsection (2).
(5) Enforcement of this section shall be as provided in
ss. 501.206, 501.207 and 501.211.
(6) Upon a finding by a court of competent jurisdiction
that a provider has engaged in unlawful discrimination, the
provider shall have a reasonable period of time as specified by
the court to cure such noncompliance. If the provider fails to
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HOUSE
o F
REPRESENTATIVES
1233
1234
1235
1236
1237
1238
1239
ENROLLED
CS/CS/HB 529, Engrossed 1
2007 Legislature
cure within a specified time, any provider who is found to have
violated subsection (2) is liable for a civil penalty of not
more than $15,000 for each such violation. For purposes of this
section, discrimination against each individual member of a
group constitutes a separate violation and is subject to a
separate penalty as set forth in this section.
Section 16. This act shall take effect upon becoming a
1240 law.
Page 45 of 45
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hb0529-04-er
MEMORANDUM
TO:
Jim Mudd, County Manager
THRU:
Joe Schmitt, CDES Administrator
FROM:
Randy Cohen, AICP, Comprehensive Planning Department Director
SUBJ:
HB 985; Engrossed 2
DATE:
May 8, 2007
The Comprehensive Planning Department has completed its final review ofHB 985
which will become effective on July I, 2007 upon signature by the governor. The
majority of the bill is transportation related and will require extensive analysis and
comments from the Transportation Division. There were major changes to statutes
affecting MPOs. A very large portion of the bill is geographically related to specific
roadways or geographic areas with no applicability to Collier. County. Technical
transportation legislative changes have been left to the expertise of the Transportation
Division. The changes are too extensive to be listed in a summary memorandum from
the Comprehensive Planning Department. The format will note the applicable statutory
section and insert the change. Comments will be directly beneath the change that has
been enacted. The provisions will be addressed in the order presented in the bill. My
comments are as follows.
1. (2) A county is exempt from this section if the governing
824 body of the county, by majority vote, following a noticed public
825 hearing, votes to exempt the county from this section.
826 Alternatively, a county may, by maiority vote after such a
827 hearing, designate certain unpaved roadways where an ATV may be
828 operated during the daytime as long as each such designated
829 roadway has a posted speed limit of less than 35 miles per hour
830 and is appropriately marked to indicate permissible ATV use.
831 (3) Any ATV operation that is permitted under subsection
832 (1) or subsection (2) may be undertaken only by a licensed
833 driver or a minor who is under the direct supervision of a
834 licensed driver. The operator must provide proof of ownership
835 under chapter 317 upon the request of a law enforcement officer.
This provision is duly noted based on A TV petitions from private citizens regarding
the use of ATVs in the county.
2. 1436 316.2123(3)
government
LOCAL GOVERNMENT DECISIONMAKING.-No local
1437 shall approve or deny a proposed land use zoning change,
1438 comprehensive plan amendment, land use permit, ordinance, or
1439 order regarding construction aggregate materials without
1440 considering any information provided by the Department of
1441 Transportation regarding the effect such change, amendment,
1442 permit decision, ordinance, or order would have on the
1443 availability, transportation, and potential extraction of
1444 construction aggregate materials on the local area, the region,
1445 and the state. The failure of the Department of Transportation
1446 to provide this information shall not be a basis for delay or
1447 invalidation of the local government action. No local government
1448 may impose a moratorium, or combination of moratoria, of more
1449 than 12 months I duration on the mining or extraction of
1450 construction aggregate materials, commencing on the date the
1451 vote was taken to impose the moratorium. January 1, 2007, shall
1452 serve as the commencement of the 12-month period for moratoria
1453 already in place as of July 1, 2007.
1454
(4)
EXPEDITED PERMITTING.--Due to the state's critical
1455 infrastructure needs and the potential shortfall in available
1456 construction aggregate materials, limerock environmental
1457 resource permitting and reclamation applications filed after
1458 March 1, 2007, are eligible for the expedited permitting
1459 processes contained in s. 403.973, Florida Statutes. Challenges
1460 to state agency action in the expedited permitting process for
1461 establishment of a limerock mine in this state under s. 403.973,
1462 Florida Statutes, are subiect to the same requirements as
1463 challenges brought under s. 403.973(15)(a), Florida Statutes,
1464 except that, notwithstanding s. 120.574, Florida Statutes,
1465 summary proceedings must be conducted within 30 days after a
1466 party files the motion for summary hearing, regardless of
1467 whether the parties agree to the summary proceeding.
1468
1469
(5)
(a)
STRATEGIC AGGREGATES REVIEW TASK FORCE.--
The Strategic Aggregates Review Task Force is created
1470 to evaluate the availability and disposition of construction
1471 aggregate materials and related mining and land use practices in
1472 this state.
1473
(b)
The task force shall be appointed by August 1, 2007,
1474 and shall be composed of the following 19 members:
1475
1. The President of the Senate, the Speaker of the House
1476 of Representatives, and the Governor shall each appoint one
1477 member from each of the following groups:
1478 a. The mining industry.
1479
1480
b. The construction industry.
c. The transportation industries, including seaports,
1481 trucking, railroads, or roadbuilders.
1482
d. Elected officials representing counties identified by
1483 the Department of Transportation as limestone or sand resource
1484 areas. Rural, midsize, and urban counties shall each have one
1485 elected official on the task force.
1486 e. Environmental advocacy groups.
1487 2. The Secretary of Environmental Protection or designee.
1488 3. The Secretary of Community Affairs or designee.
1489 4. The Secretary of Transportation or desiqnee.
1490
1491 Inc.
1492
5. One member appointed by the Florida League of Cities,
(c)
Members of the commission shall serve without
1493 ~ompensation. Travel and per diem expenses for members who are
1494 not state employees shall be paid by the Department of
1495 Transportation in accordance with s. 112.061, Florida Statutes.
1496 (d) The Department of Transportation shall organize and
1497 provide administrative support for the task force and coordinate
1498 with other state agencies and local governments in obtaining and
1499 providing such data and information as may be needed by the task
1500 force to complete its evaluation. The department may conduct any
1501 supporting studies as are required to obtain needed information
1502 or otherwise assist the task force in its review and
1503 deliberations.
15G4
(e)
The Department of Transportation shall collect and
1505 provide information to the task force relating to construction
1506 aggregate materials and the amount of such materials used by the
1507 department on state road infrastructure proiects and shall
1508 provide any technical and supporting information relating to the
1509 use of such materials as is available to the department.
1510 (f) The task force shall report its findings to the
1511 Governor, the President of the Senate, and the Speaker of the
1512 House of Representatives by February I, 2008. The report must
1513 identify locations with significant concentrations of
1514 construction aggregate materials and recommend actions intended
1515 to ensure the continued extraction and availability of
1516 construction aggregate materials.
1517
(g)
The task force shall be dissolved on July I, 2008.
It is unclear from the bill's entitlement clause and section 24 in the body ofthe bill
what section of the Florida Statutes this provision is amending. It is apparent that
this section of the bill could be creating a new statutory section as Section 24 of the
bill entitled "Construction aggregate materials" contains both a definitions section
and legislative intent section prior to the bill provisions set forth above.
The provision requires consideration of information from FOOT prior to making
numerous types of land use decisions. There is also a requirement for expedited
permitting. The task force creation provision is intended to expedite the review of
available aggregate materials and related mining ands land use practices in Florida
with the task force reporting its findings by February 1, 2008. The county should
monitor any meetings of the task force and establish a contact point in FOOT to be
insured that proper notification is provided to Collier County. Collier County should
identify a point person with aggregate expertise as the contact person to obtain
information from FOOT, monitor meetings, review the findings of the task force and
report the findings to the BCe.
3. 163.3182 Transportation concurrency backlogs - Lines 3727-3870
This provision is identical to the provision in HB 7203 creating section 163.3182,
Florida Statutes. As previously noted in the analysis of HB 7203, the text is a "may"
provision which does not mandate that the county create a "Transportation
Concurrency Backlog Authority", "Transportation Concurrency Backlog Plan", or
the "Establishment of Local Trust Fund". This provision would effectively
eliminate a large portion of the BCC's discretionary funding if the "Authority" was
created. It is strongly advised that the BCC not enact any provision of this "may"
legislation.
If you have any questions pertaining to the above analysis please contact me at your
convenience.
ANALYSIS OF HOUSE BILL 985
METROPOLITAN PLANNING ORGANIZATIONS
HB 985 amends s. 339.175, F.S., and olher seclions of law in an attempl to bring c1arily and
uniformity 10 MPOs administralive slruclure, powers and responsibililies. The assumplion is lhal
some MPOs cannot fully embrace regional planning approaches because lhey, or lheir slaff, are
not as independenl as lhey should be from counly and cily governmenls.
The bill amends chapters 112 and 121, F.S., 10 clarify lhat MPOs are separale legal entilies
independenl from lhe local governing body; 10 allow MPO slaff 10 participale in lhe Florida
Reliremenl Syslem; 10 designale each MPO's execulive direclor or slaff direclor as a member of
lhe Senior Managemenl Service class; and 10 allow MPOs to establish per diem and travel
reimbursemenl rates. II also amends s. 339.175(5), F.S., 10 clarify lhat an MPO's execulive
director reports directly 10 his or her MPO Governing Board, and lhat the execulive direclor and
staff are employed by the MPO or through a slaff services agreement between lhe MPO and
another governmenlai enlity. In addilion, lhe legislalion makes il clear thai MPO slaff members
work for the MPO, and nol for any of lhe member cilies or counlies.
HB 985 also amends s. 339.175, F.S., 10 address a number of membership issues and voling
requiremenls. The bill:
. Direcls each MPO, al a minimum, 10 selecl a chair, vice chair, and clerk; and specifies lhese
officers' responsibililies;
. Clarifies lhal voling members shall exclude conslilutional officers, including sheriffs, lax
colleclors, supervisors of elections, property appraisers, clerks of lhe court, and similar lypes of
officials;
. Eslablishes a process by which allernate members are selecled;
. Direcls MPOs to appoinl nonvoting represenlatives of various mulli-modal organizalions, who
are nol olherwise represenled by voling members;
. Direcls MPO's to appoint represenlatives of major mililary installalions as non-voling advisors
if requesled by the bases;
. Clarifies thai MPO appointed lechnical advisory committees serve at lhe pleasure of lhe MPO;
. Requires each MPO to provide lraining on the urbanized transportalion planning process 10 all
who serve as members; and
. Amends s. 339.175(12), F.S., to provide for a roll-call vole, or a hand-counled vole of a
majorily of lhe membership presenl 10 adopt each long range lransportation plan amendmenl
affecling projecls in lhe first lhree years of such plans. This change is relaled to lhe provision in
s. 339.135(4)(b)3., F.S., lhat lhe firsllhree years of DOT's adopled work program is the stale's
commitment 10 undertake lransportation projecls lhat local governmenls may rely on for
planning and concurrency purposes.
ImDlications For Collier County: This bill has fiscal impacts on Collier County in that it
will likely disallow the Collier County MPO to be subsidized by County revenue sources
to avoid the appearance of the MPO operating other than independently of the member
jurisdictions.
Page 1
ANALYSIS OF HOUSE BILL 985 (Continued)
PUBLIC-PRIVATE PARTNERSHIPS
HB 985 allempls 10 slrenglhen currenl legislalive inlenl 10 emphasize innovalive financing
lechniques to address increased congeslion, market demands, and the Slale's growing
populalion. The bill revises numerous provisions of section 334.30, F.S., to clarify current law as
well as 10 provide specific regulalions and limilations 10 ensure the Slale's practical applicalion
of Public-Privale Partnership agreemenls. The bill:
. Revises currenl application fees for proposals submitted under lhis seclion 10 be required only
for unsoliciled proposals.
. Clarifies lhal DOT may lease existing toll facililies or develop new loll facililies, wilh the
exceplion of Florida's Turnpike. In addition, the bill specifies:
_ Any Public-Private Partnership agreemenllhal includes leasing an exisling
facilily, bul does not add capacily, must be approved by the Legislalure;
_ Requiremenls for mainlaining, operating and renewing lhese toll facilities in
accordance wilh DOT slandards;
_ Requiremenls for the regulation of lolls 10 be included in the Public-Privale
partnership agreemenl;
_ Provisions for the use of excess revenues generaled from lolls or fares over
lhe life of the agreemenllo be returned to DOT; and
_ Requires lhat lhe tolls or fares included in these agreemenls be consislenl
wilh operaling projeclions derived from elements 10 include:
1. Ridership eslimales;
2. Addilional revenue sources;
3. Associaled real eslate development;
4. Operaling subsidies; and
5. 30 year cash flow analysis.
. Extends the advertisement period from 60 days to 120 days for inleresled parties 10 submil a
compelilive bid in response to DOT's receipl of unsolicited proposals. The department and
induslry have indicated that 60 days is nol a sufficienl period of lime for polenlial partners 10
prepare comprehensive proposals for contracls of lhis lype.
. Exempls Public-Privale Partnership agreemenls from traditional conslruclion conlracling
requiremenls including:
- Innovalive Conlracling Caps
_ Conlractor Pre-Qualificalion and Contracl Advertisements
- Bond Requirements
_ Paymenl of Conslruclion or Mainlenance Conlracls
- Retainage
- Claims Settlement Process
Page 2
ANALYSIS OF HOUSE BILL 985 (Continued)
HB 985 requires DOT 10 ensure thai procuremenl documenls address all seclions of chapler
337, F.S., specified above.
o Requires lhal Public-Privale Partnership agreemenls shall include provisions 10 ensure the
private enlily meels departmenl slandards for engineering services and road and bridge
conlracling.
o Requires DOT 10 balance the slructure of the securily package included in the agreemenllo
ensure performance of the privale enlily and subconlraclor paymenls.
o Requires DOT 10 perform two independenl financial feasibilily analyses, once prior 10
procuremenl and again before awarding the conlract.
o Deletes a subsection relaling 10 fixed-guideway lransportation syslems not applicable to
Public-Privale Partnerships.
o Aulhorizes DOT to use innovative financing lechniques associaled with Public-Privale
Palnerships, such as:
- Federal Loans
- Commercial Bank Loans
_ Hedges Againsllnflalion (provided by commercial banks or other private
sources ).
o Allows DOT 10 enler inlo Public-Privale Partnerships lhal include availabilily paymenls. Using
lhis method allows for a projecllo be developed using a Public-Private Partnership 10 design,
build, finance, operate, and mainlain a projecl where the "owner", meaning the governmenl
entily, pays the private enlity only when the facilily is open 10 lraffic and meels contractual
performance specificalions for operalions and mainlenance.
o Provides priorilizalion processes for project selection as follows:
_ The projecl musl be prioritized by DOT in coordination wilh the MPO for
on the Slralegic Inlermodal Syslem (SIS) and included in the 10 year SIS and
Long Range (25 year) Transportalion Plan.
_ The projecl must be prioritized by the local MPO for facililies nol on the SIS
and included in the MPO cost feasible Transportalion improvemenl Plan and Long-
Range (25 year) Transportalion Plan.
Where lhere is no MPO, the projecl musl be priorilized by DOT in
coordination wilh the local governmenls for facilities nol on the SIS and included in
Long-Range (25 year) Transportation Plan.
o Provides Public-Privale Partnership conlracls are limiled 10 a lerm no longer lhan 50 years. In
addilion, the bill allows lhat upon making wrillen findings lhal an agreemenl is nol financially
feasible wilhin lhese lerm limits, the Secrelary of DOT may aulhorize a lerrn up 10 75 years.
Agreemenls shall not exceed a term of grealer lhan 75 years unless specifically approved by
the Governor and Legislalure per s. 339.135, F.S., (Preparalion, Adoplion, Execulion and
Amendmenl of the DOT work program).
Page 3
ANALYSIS OF HOUSE BILL 985 (Continued)
. Provides a maximum annual obligalion of slale and federal funds 10 Public-Privale Partnership
conlracls. No more lhan 25 percenl of these funds shall be obligaled colleclively for lhese
projects. In FY 2008, 25 percent is estimaled al $1.5 billion.
. Eslablishes dislribulion of excess lolls collecled.
ImDlications For Collier County: This bill has some potential for opening up funding for
SHS improvements in Collier County due to increased flexibility in the application and
review process, but the emphasis on tolls and the above mentioned limit of 25 percent of
available State and federal funds makes it pretty clear that obtaining direct financial
assistance from the State will be very sparse and competitive.
LOCAL GOVERNMENT BONDING RESTRICTIONS
HB 985 deleles lhe once-a year bonding limit on the 6-cenls-per-gallon local-option fuel lax.
ImDlications For Collier County: This bill creates more opportunities to refinance existing
bonds to obtain a lower interest rate, and thus save money that can be better spent on
infrastructure improvements.
CONSTRUCTION AGGREGATE MATERIALS
The bill creates a new, section of Florida Slalules addressing Florida's need for conslruclion
aggregale malerials which are defined as "crushed slone, limestone, dolomile, Iimerock, shell
rock, sand for use as a componenl of mortars, concrele, biluminous mixlures, or underdrain
filters, and olher mined resources providing lhe basic malerial for concrele, asphall, and road
base." It requires all agencies, including municipal and counly governmenls, 10 consider lhe
effect any land-use zoning change, comprehensive plan amendmenl, permit, ordinance, or
order would have on lhe availability, transportalion, or potential exlraction of conslruction
aggregale malerials. No moratorium on the minina of aaareaate may be imposed bv any
local aovernment or other aaencv with a duration of more than 12 months. Limerock
environmenlal resource permitting and reclamalion applicalions filed after March 1, 2007, are
eligible for expediled permitting under s. 403.973, F.S. If a party 10 a challenge involving
expediled permitting for lhe eslablishmenl of a limerock mine files a motion for a summary
proceeding under s. 120.574, F.S., the bill requires lhe summary hearing to be held wilhin 30
days after lhe molion is filed regardless of whelher lhe parties agree 10 lhe proceeding.
The Slralegic Aggregales Review Task Force is crealed 10 evaluale lhe availability and
disposition of construclion aggregate malerials and relaled mining and land use praclices. The
Task Force is 10 idenlify localions wilh significanl concenlrations of the malerials and
recommend actions ensuring lhe materials' continued extraction and availability. The Task
Force is to report this informalion to the Legislature and the Governor by February 1, 2008, The
Task Force will consist of 19 members, of which 15 members are appoinled by lhe Presidenl of
the Senate, Speaker of the House, and Governor, with each appoinling one representalive from
each of the following groups:
. The mining industry;
. The conslruclion induslry;
. The transportation industries, including seaports, lrucking, railroads, or roadbuilders;
Page 4
ANALYSIS OF HOUSE BILL 985 (Continued)
elecled counly governmenl (including smaller counlies); and
. Environmenlal advocacy groups.
The Secrelaries of Community Affairs, Environmenlal Proleclion, and Transportalion, or lheir
designees, and an appoinlee of the Florida League of Cities, Inc. shall also be members of lhe
Task Force. The Task Force is dissolved on July 1, 2008.
ImDlications For Collier County: See bold italicized text above.
TRANSPORTATION CONCURRENCY
HB 985 provides that privale-seclor enlilies lhat finance, conslrucl, or improve public
lransportalion facililies may apply the value of such conlribulion 10 any fulure lransportalion
concurrency requiremenls under ch. 163, F.S., as long as the conlribution or credil is
eslablished in a legally binding agreement.
ImDlications For Collier County: This language was designed to provide an incentive for
private entities to donate right-of-way for and/or construct capacity adding transportation
improvements, however, this vague language is fraught with problems. The following
passage is the heart of the proposed new provision:
2630 If the
2631 developer or property owner voluntarily contributes right-
of-way
2632 and physically constructs or expands a local government
facility
2633 or segment and such construction or expansion meets the
2634 requirements in this section and in a legally binding
agreement
2635 between the property owner or developer and the applicable
local
2636 government, the contribution to the local government
collector
2637 and the arterial system may be applied as credit against any
2638 future transportation concurrency requirements within the
2639 jurisdiction pursuant to chapter 163.
This creates more questions than answers. Does this just apply to excess capacity
created by the voluntary contribution, or does it mean that if a developer widens SR 84
he/she is entitled to an equal amount of credit for traffic capacity consumed by a
proposed development on, say, Immokalee Road? Is the "credit" to be applied as a type
of pseudo-internal capture in the TIS? Until this proposed amendment to Chapter 163,
F.S. is thoroughly vetted, the County should be wary of entering into any such binding
agreements.
ANALYSIS OF HOUSE BILL 985 (Continued)
Page 5
TRANSIT PRODUCTIVITY AND PERFORMANCE MEASURES REPORTS
Public lransil providers receiving public transil block grants must eslablish produclivily and
performance measures, which musl be approved by FOOT. Each provider annually reports to
the FOOT the lransil syslem's allainment relative 10 lhese measures. HB 985 amends s.
341.071. F.S.. 10 reauire public lransil providers 10 include in lheir annual produclivilv and
performance measures report. specific pOlenlial enhancemenls lhat could increase the lransil
svslem's farebox recovery ratio. The report is due by January 31 of each year.
Imo/ications For Collier County: Self explanatory. Since this bill is to take effect on July
1, 2007, the first report to include this specific information will be due by January 31,
2008.
TRANSPORTATION CONCURRENCY BACKLOGS
HB 985 includes language idenlical to lhal in HB 7203 aulhorizing local governmenls 10
eslablish lransportalion concurrency backlog aulhorilies. I discussed lhis provision in my e-mail
of April 25, 2007, 4:58 PM.
Page 6
CS/CS/HB 985 - Transportation
Page 1 of 10
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Home )> Bills )) Selected Bill Detail
CS/CS/HB 985 - Transportation
GENERAL BILL by Policy & Budget Council and Economic Expansion & Infrastructure Cour
(CO-SPONSORS) Traviesa
Transportation: Requires Fla. Transportation Comm. to monitor transportation authorities & con
reviews of each authority; provides for M.P.O.'s to participate in FRS; authorizes establishment of
benefits & barriers of establishing regional multimodal transportation concurrency district; author
funds for certain general aviation projects; defines term "wall mural", etc.
Effective Date: July 1, 2007.
Last Event: Message sent to senate on Friday, May 04, 2007 8:33 PM
Main Amendment Filing Deadline: After Monday, April 23, 20072:00 PM
Adhering Amendment Filing Deadline: After Monday, April 23, 2007 5:00 PM
Referred Committees and Committee Actions:
Committee on Infrastructure
On agenda for: 03/15/078:00 AM
Temporarily Deferred (final action)
On agenda for: 03/19/07 2:00 PM
Favorable With Amendments (8) (final action)
On agenda for: 03/20/075:00 PM
Economic Expansion &. Infrastructure Council
On agenda for: 04/04/07 1:00 PM
Favorable With Council Substitute (final action)
Policy &. Budget Council
On agenda for: 04/13/07 10:00 AM
Favorable With Council Substitute (final action)
Notice
Notice
See Votes
Notice
Notice
See Votes
Notice
See Votes
Related Bills:
Bill #
Subject
Transportation/M. P.O. 's [EPCe]
Affordable Housing
Transportation
Transportation
Transportation Funding
Florida Transportation Commission
Aggregate Mining
Comprehensive Planning
Affordable Housing [RPCC]
Comprehensive Planning [RPCe]
Court Fees & Penalties [LPCC]
Transportation [FPCe]
Florida Transportation Commission [EPCe]
R.
CSjCSjCSjSB 1928
CSjHB 1375
HB 1581
HB 7033
HB 7075
HB 7091
HB 7121
HB 7203
CSjCSjCSjSB 780
CSjSB 800
CSjSB 914
CSjSB 1134
CS/SB 1454
Sil
Co
Co
Co
Co
Co
Co
Co
Co
Co
Co
Co
Co
http://www .myfloridahouse.gov/Sections/B illslbillsdetail.aspx'?Billld=35 864&
5/15/2007
CS/CS/HB 985 - Transportation
SB 1562
SB 1964
SB 2132
CS/SB 2188
SB 2278
SB 2784
SB 2800
CS/CS/CS/CS/SB 2804
SB 2880
Page 2 of 10
All-terrain Vehicles [EPee}
Enhanced Bridge Program/DOT [EPee]
Transportation Regional Program [EPee]
Sale of Motor Vehicles [EPee]
License Plate Alteration/Automated Traffic Camera [EPee]
Construction Aggregate Materials [EPee]
Appropriations [FPee]
Transportation [EPee]
Transportation Funding [EPee]
Co
Co
Co
Co
Co
Co
Co
Co
Co
Bill Text:
Enrolled
Engrossed 3
Engrossed 2
D 741546 Date Filed: 04/30/07, Page#: 0, Senate: Withdrawn 05/03/0
Line#: 0
AA 530134 Date Filed: GS/02/07, Page#: 16, Senate: Withdrawn 05/03/0.
line#: 10
AA 233836 Date Filed: OS/01/G7, Page#: 16, Senate: Withdrawn 05/03/0.
Line#: 16
AA 800342 Date Filed: GS/02/07, Page#: 63, Senate: Withdrawn 05/03/0.
Line#: 15
AA 812722 Date Filed: G4/30/07, Page#: 92, Senate: Withdrawn 05/03/0.
Line#: 20
AA 390132 Oate Filed: GS/01/07, Page#: 114, Senate: Withdrawn 05/03/0'
line#: 19
D 671544 Date Filed: 05/03/07, Page#: 0, Senate: Replaced by Engros~
Line#: 0 05/04/07
AA 111906 Date Filed: 05/03/07, Page#: 55, Senate: Withdrawn 05/03/0
Line#: 12
AA 171660 Date Filed: 05/03/07, Page#: 55, Senate: Replaced by Engros~
Line#: 12 05/04/07
AA 214354 Date Filed: GS/03/G7, Page#: 63, Senate: Replaced by Engros~
Line#: 26 05/04/07
AA 885916 Date Filed: 05/03/07, Page#: 97, Senate: Replaced by Engros~
line#: 11 05/04/07
AA 471110 Date Filed: 05/03/07, Page#: 108, Senate: Replaced by Engros~
Line#: 3 05/04/07
AA 585656 Date Filed: 05/03/07, Page#: 108, Senate: Replaced by Engros~
line#: 23 05/04/07
AA 370340 Date Filed: GS/03/07, Page#: 122, Senate: Withdrawn 05/03/0
Line#: 7
AA 804206 Date Filed: 05/03/07, Page#: 122, Senate: Replaced by Engros'
Line#: 7 05/04/07
D 612194 Date Filed: 05/04/07, Page#: 0, House: Concur 05/04/07
Line#: 0
Senate: Adopted 05/04/07
Engrossed 1
A 075403, Glorioso Date Filed: 04/25/07, page#: 0, House: Withdrawn 04/25/0
Line#: 1222
A 014003 (late), Date Filed: 04/25/07, Page#: 0, House: Adopted 04/25/07
Glorioso line#: 1222
A 099473, Zapata Date Filed: 04/25/07, Page#: 0, House: Adopted 04/25/07
Line#: 3503
A 834593, Zapata Date Filed: 04/25/07, Page#: 0, House: Withdrawn 04/25/0'
Line#: 3588
http://www .myflori dahouse. gOY /Secti ons/B ills/b i llsdetai I.aspx? Bill ld= 3 5 864&
5/15/2007
CS/CS/HB 985 - Transportation
Page 3 of \0
A 266445, Bucher Date Filed: 04/25(07, Page#: 0, House: Adopted 04/25/07
Line#: 3661
Committee Substitute 2
A 169213 (late), Date Filed: 04/23/07, Page#: 0, House: Adopted 04/24/07
Kravitz Line#: 329
A 870405 (late), Date Filed: 04/23/07, Page#: 0, House: Adopted 04/24/07
Glorioso Line#: 675
A 075339, Seiler Date Filed: 04/23/07, Page#: 0, House: Withdrawn 04/24/0.
Line#: 1393
SA 020241, Seiler Date Filed: 04/23/07, Page#: 0, House: Failed 04/24/07
line#: 0
AA 834161 (late), Date Filed: 04/24/07, Page#: 0, House: Withdrawn 04/24/0.
Seiler Line#: 301
A 903109, Glorioso Date Filed: 04/23/07, Page#: 0, House: Adopted 04/24/07
line#: 1445
A 249651, Glorioso Date Filed: 04(23/07, Page#: 0, House: Adopted 04/24/07
Line#: 1479
A 059B19, Glorioso Date Filed: 04/23/07, Page#: 0, House: Adopted 04/24/07
Line#: 1716
A 685971, Rivera Date Filed: 04/23/07, Page#: 0, House: Adopted G4/24/07
Une#: 1835
A 572147, Glorioso Date Filed: 04/23/07, Page#: 0, House: Adopted as Amende
Line#: 1859
AA 099839, GlorioSo Date Filed: 04/23/07, Page#: 0, House: Adopted 04/24/07
Line#: 55
A 965971, Glorioso Date Filed: 04/23/07, Page#: 0, House: Adopted 04/24/07
Une#: 2686
A 516429, Fitzgerald Date Filed: 04/23/07, Page#: 0, House: Failed 04/24/07
Une#: 3047
A 619795, Glorioso Date Filed: 04/23/07, Page#: 0, House: Withdrawn 04/24/0'
Une#: 3387
A 022043, Zapata Date Filed: 04/23/07, Page#: G, House: Withdrawn 04/24/0'
Une#: 3387
A 251021, Glorioso Date Filed: 04/23/07, Page#: 0, House: Adopted 04/24/07
Une#: 3447
A 432237, Zapata Date Filed: 04/23/07, Page#: 0, House: Adopted 04/24/07
Une#: 3465
A 56957?, Bucher Date Filed: 04/23/07, Page#: 0, House: Adopted 04/24/07
Line#: 3465
AA 212049, Bucher Date Filed: 04/23/07, Page#: 0, House: Adopted 04/24/07
Une#: 37
AA 481495 (late), Date Filed: 04/24/07, Page#: 0, House: Withdrawn 04/24/0'
Bucher Une#: 40
A 656615 (late), Date Filed: 04/23/07, Page#: 0, House: Withdrawn 04/24/0'
Zapata Une#: 3465
SA 163449, Zapata Date Filed: 04/23/07, Page#: 0, House: Withdrawn 04/24/0'
Une#: 0
AA 773145 (late), Date Filed: 04/24/07, Page#: 0, House: Withdrawn 04/24/0'
Zapata Une#: 80
SA 926585 (late), Date Filed: 04/24/07, Page#: 0, House: Withdrawn 04/24/0'
Zapata Une#: 0
SA 081501 (late), Date Filed: 04/24/07, Page#: 0, House: Withdrawn 04/24/0
Zapata Une#: 0
Committee Substitute 1 Laid on the Table
Original Filed Version
Staff Analysis:
http://www .myfloridaho use. goy/Section siB ill sib ill sdetai l.aspx? B i 1lI d= 35864&
5/15/2007
CS/CS/HB 985 - Transportation
Page 4 of 10
Chamber
Committee
House
P()Hcy 8;,J3udg~t c.QunciL4/1S/2007.~:4J:)O PM.
':".r-' C,)t;, /ii lK,
:(
!-'t.:illhlh'l
House
House
House
House
House
Policy & BudgetCouncil 4/12/200711:25.:44 PM
Economic Expansipn &.lnfrasJruct.urf; CQlJncil.419[l,007 _11.:0~:H3.A.M
Economic Expansion & Infrastructure CounciI4j2j20Q74:07:J2 PM
Committee on Infrastructure 3/20/2007 6:49:40 PM
CClmmittee on Infrastructure3/13j2007 4: 22:.02 PM
Vote History:
Chamber Date
Yeas Nays Actions
Barcode
House 04/24/2007 01:5G PM 50 61
House 04/24/200702: 11 PM 44 68
House G4/25/2007 03:04 PM 71 35
House 04/25/200703: 13 PM 78 37 Passage
Senate 05/03/2007 G3: 52 PM 24 10 Amendment
Senate 05/03/200703:55 PM 37 2
House 05/04/2007 11: 24 AM 68 49 Passage
Vot~ 15~q# 16~J G20241
Vote [5~q# 164] 516429
V<>te [5eq# liP] G99473
Vote [5eq# 188]
Vot~ [5eq# 61]
Vote [5eq# 62]
Vot~ [5~q# 5Q2]
Bill History:
Event
Time
Member Commi
Message sent to senate
Friday, May 04, 2007
8:33 PM
Ordered engrossed, then enrolled
Friday, May 04, 2007
11:24 AM
CS passed as amended; YEAS 68, NAYS 49
Friday, May 04, 2007
11:24 AM
Concurred
Friday, May 04, 2007
11:03 AM
Amendment 612194 Concur
Friday, May 04, 2007
11:03 AM
Added to Senate Message List
Friday, May 04, 2007
9:48 AM
In Messages
Thursday, May 03, 2007
6: 2G PM
05/03/07 S CS passed as amended
(885916,804206,671544, 585656,
471110,214354,171660); YEAS 37 NAYS
2 .5J 01237
Thursday, May 03, 2007
3: 55 PM
05/03/075 Read 3rd time -5J 01237
Thursday, May 03, 2007
3: 54 PM
05/03/07 5 Amendment(s) adopted
(885916,804206,671544, 585656,
471110,214354,171660) -5J 01210, -5J
01235
Thursday, May 03, 2007
3: 52 PM
05/03/075 Read 2nd time -SJ 01210
Thursday, May 03, 2007
3:37 PM
05/03/07 5 Substituted for C5/C5/C5/5B
Thursday, May 03, 2007
http://www .myfloridahouse. gOY ISections/B ill sibil I sdetai I.as px? B i I 11 d= 35864&
5/15/2007
CS/CS/HB 985 - Transportation
1928 -5J 01210
05/03/07 5 Withdrawn from
Transportation; Community Affairs;
Governmental Operations; Transportation
and Economic Development Appropriations
-5J 01208
05/03/07 5 Received, referred to
Transportation; Community Affairs;
Governmental Operations; Transportation
and Economic Development Appropriations
-5J 01253
04/25/07 5 In Messages
Message sent to senate
CS passed as amended; YEAS 78, NAYS 37
Passage on third reading
Amendment 099473 adopted
Amendment 834593 withdrawn
Amendment 099473 Failed
Amendment 099473 temporarily
postponed
Amendment 266445 adopted
Amendment 014003 adopted
Amendment 834593 temporarily
postponed
Amendment 014003 filed late
Amendment 099473 withdrawn
Amendment 075403 withdrawn
Read 3rd time
Amendment 834593 filed
Amendment 075403 filed
Amendment 099473 filed
Amendment 266445 filed
Amendment 212049 adopted
3:37 PM
Thursday, May 03, 2007
3: 36 PM
Thursday, May 03,2007
3: 36 PM
Thursday, April 26, 2007
8:29 AM
Wednesday, April 25,
20G7 10:33 PM
Wednesday, April 25,
20073:13 PM
Wednesday, April 25,
20073: 13 PM
Wednesday, April 25,
20073:08 PM
Wednesday, April 25,
20073:05 PM
Wednesday, April 25,
20073:05 PM
Wednesday, April 25,
2007 1 :42 PM
Wednesday, April 25,
20071:38 PM
wednesday, April 25,
2G07 1:36 PM
Wednesday, April 25,
2007 1:34 PM
Wednesday, April 25,
20071:25 PM
Wednesday, April 25,
2007 1:G8 PM
Wednesday, April 25,
2G07 1:G7 PM
Wednesday, April 25,
2007 1 :06 PM
Wednesday, April 25,
20079:57 AM
Wednesday, April 25,
20079:57 AM
Wednesday, April 25,
20079:33 AM
Wednesday, April 25,
20079:33 AM
Tuesday, April 24, 2007
http://www .myfloridahouse.gov /Sections/Bills/billsdetail.aspx ?Billld=3 5 864&
Page 5 of 10
5/15/2007
CS/CS/HB 985 - Transportation
Added to Third Reading Calendar
Amendment 481495 withdrawn
Amendment 081501 withdrawn
Amendment 926585 withdrawn
Amendment 773145 withdrawn
Amendment 163449 withdrawn
Amendment 163449 temporarily
postponed
Amendment 656615 withdrawn
Amendment 569577 adopted
Amendment 432237 adopted
Amendment 251021 adopted
Amendment 022043 withdrawn
Amendment 619795 withdrawn
Amendment 516429 Failed
Amendment 965971 adopted
Amendment 572147 adopted as amended
Amendment 099839 adopted
Amendment 685971 adopted
Amendment 059819 adopted
Amendment 249651 adopted
Amendment 903109 adopted
Amendment 075339 withdrawn
Amendment 020241 Failed
Amendment 834161 withdrawn
3:4G PM
Tuesday, April 24, 2007
2:28 PM
Tuesday, April 24, 2007
2:27 PM
Tuesday, April 24, 2007
2: 22 PM
Tuesday, April 24, 2007
2: 22 PM
Tuesday, April 24, 2007
2: 22 PM
Tuesday, April 24, 2007
2: 22 PM
Tuesday, April 24, 2007
2: 22 PM
Tuesday, April 24, 2007
2:21 PM
Tuesday, April 24, 2007
2:20 PM
Tuesday, April 24, 2007
2: 13 PM
Tuesday, April 24, 2007
2:12 PM
Tuesday, April 24, 2007
2:12 PM
Tuesday, April 24, 2007
2:12 PM
Tuesday, April 24, 2007
2: 11 PM
Tuesday, April 24, 2007
1:55 PM
Tuesday, April 24, 2007
1: 55 PM
Tuesday, April 24, 2007
1:54 PM
Tuesday, April 24, 2007
1:53 PM
Tuesday, April 24, 2007
1:52 PM
Tuesday, April 24, 2007
1:51 PM
Tuesday, April 24, 2007
L51 PM
Tuesday, April 24, 2007
1:50 PM
Tuesday, April 24, 2007
1:50 PM
Tuesday, April 24, 2007
http://www . rnyflori daho use. go v /Secti ons/B ills/billsdetail. aspx? B illI d= 35864&
Page 6 of 10
5/15/2007
CS/CS/HB 985 - Transportation
1:40 PM
Amendment 834161 filed late
Tuesday, April 24, 2007
1:22 PM
Amendment 481495 filed late
Tuesday, April 24, 2007
1:15 PM
Amendment 870405 adopted
Tuesday, April 24, 2007
1:14 PM
Amendment 169213 adopted
Tuesday, April 24, 2007
1:13 PM
Read 2nd time
Tuesday, April 24, 2007
1:08 PM
Amendment 773145 filed late
Tuesday, April 24, 2007
12:00 PM
Amendment 081501 withdrawn
Tuesday, April 24, 2007
11:31 AM
Amendment 081501 filed late
Tuesday, April 24, 2007
11:25 AM
Amendment 926585 filed late
Tuesday, April 24, 2007
11:25 AM
Amendment 020241 filed
Monday, April 23, 2007
4: 56 PM
Amendment 212049 filed
Monday, April 23, 2007
4:48 PM
Amendment 163449 filed
Monday, April 23, 2007
4:44 PM
Amendment 870405 filed late
Monday, April 23, 2007
4:44 PM
Amendment 099839 filed
Monday, April 23, 2007
4: 29 PM
Amendment 656615 filed late
Monday, April 23, 2007
2:32 PM
Amendment 169213 filed late
Monday, April 23, 2007
2:31 PM
Amendment 022043 filed
Monday, April 23, 2007
1:55 PM
Amendment 569577 filed
Monday, April 23, 2007
1:54 PM
Amendment 251021 filed
Monday, April 23, 2007
1:53 PM
Amendment 432237 filed
Monday, April 23, 2007
1:48 PM
Amendment 075339 filed
Monday, April 23, 2007
12:37 PM
Amendment 685971 filed
Monday, April 23, 2007
11:19 AM
Amendment 059819 filed
Monday, April 23, 2007
9:40 AM
Amendment 249651 filed
Monday, April 23, 2007
http://www .myfl oridahouse. gOY /Secti ons/B i lls/bill sdetai l.aspx? B ill I d= 35864&
Page 7 of 10
5/15/2007
CS/CS/HB 985 - Transportation
9:40 AM
Amendment 619795 filed
Monday, April 23, 2007
9: 39 AM
Amendment 572147 filed
Monday, April 23, 2007
9: 39 AM
Amendment 965971 filed
Monday, April 23, 2007
9: 39 AM
Amendment 903109 filed
Monday, April 23, 2007
9: 39 AM
Amendment 516429 filed
Monday, April 23, 2007
9:07 AM
Bill added to Special Order Calendar
( 4(24(20G7)
Friday, April 20, 2007
3:04 PM
Added to Second Reading Calendar
Friday, April 20, 2007
1:50 AM
Bill referred to House Calendar
Friday, April 20, 2007
1:50 AM
1st Reading
Monday, April 16, 2007
7:31 PM
CS Filed
Monday, April 16, 2007
10:40 AM
Laid on Table under Rule 7.19
Monday, April 16, 2007
10:40 AM
Reported out of Policy & Budget Cau ncil
Monday, April 16, 2007
10:38 AM
Favorable with CS by Policy & Budget
Council
Friday, April 13, 2007
4: 00 PM
Added to Policy & Budget Council agenda
Wednesday, April 11,
20074:06 PM
Now in Policy & Budget Council
Tuesday, April 10, 2007
9: 12 PM
Referred to Policy & Budget Cou ncil
Tuesday, April 10, 2007
9: 12 PM
1st Reading
Monday, April 09, 2007
6: 22 PM
CS Filed
Monday, April 09, 2007
11:50 AM
Laid on Table under Rule 7.19
Monday, April 09, 2007
11:50 AM
Reported out of Economic Expansion & Monday, April 09, 2007
Infrastructure Council 11:04 AM
Favorable with CS by Economic Expansion Wednesday, April 04,
& Infrastructure Council 20073:45 PM
Added to Economic Expansion & Monday, April 02, 2007
Infrastructure Council agenda 4:27 PM
Now in Economic Expansion & Tuesday, March 20, 2007
Infrastructure Council 6: 50 PM
Reported out of Committee on Tuesday, March 20, 2007
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Page 8 of 10
Policy &
Policy &
Policy &
Policy &
Policy &
Econom
Infrastr,
Econom
Infrastr,
Econom
Infrastrl
Econom
Infrastfl
Commit
5/15/2007
CS/CS/HB 985 - Transportation
Infrastructure
Favorable with 8 amendments by
Committee on Infrastructure
Added to Committee on Infrastructure
agenda
Added to Committee on Infrastructure
agenda
Added to Committee on Infrastructure
agenda
1st Reading
Now in Committee on Infrastructure
Referred to Committee on Infrastructure
by Economic Expansion & Infrastructure
Council
Now in Economic Expansion &
Infrastructure Council
Referred to Policy & Budget Council
Referred to Economic Expansion &
Infrastructure Council
Filed
Statutes Referenced by this Bill
20.23
112.061
121.021
121.051
121.055
121.061
121.081
215.615
316.605
316.650
318.14
318.18
320.061
332.007
336.025
337.11
337.14
337.18
338.161
338.2275
339.175
339.2819
339.55
343.81
343.82
348.0004
6: 50 PM
Monday, March 19, 2007
5:00 PM
Friday, March 16, 2007
4: 28 PM
Thursday, March 15,
20074:27 PM
Tuesday, March 13, 2007
4:22 PM
Tuesday, March 06, 2007
11:59 PM
Tuesday, February 27,
20G7 4:33 PM
Tuesday, February 27,
20074:33 PM
Monday, February 26,
20076:26 PM
Monday, February 26,
20076:26 PM
Monday, February 26,
20076:26 PM
Wednesday, February 21,
20079: 17 AM
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Page 9 of 10
InFrastr'
Commit
Infrastr
Commit
InFrastr
Commit
Infrastr
Commit
InFrastr
Commit
InFrastn
Commit
Infrastr
Econom
Infrastr
Policy &
Econom
Infrastr
Glorioso
5/15/2007
CS/CS/HB 985 - Transportation
Page 10 of 10
348.0012
348.754
163.3177
339.176
341.828
212.055
255.20
316.2123
332.14
336.41
338.155
338.231
339.282
348.243
318.21
337.026
341.071
334.30
338.165
479.01
479.156
^ backt{) top
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5/15/2007
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11.
FY 08 Budget Policies
General Fund MiIlal!e Rate
In FY 08, General Fund ad valorem tax revenue will be capped at a maximum increase of
10%. Any increase above 10% in taxable value will result in a General Fund millage rate
reduction.
General Fund Budl!et Allocations
That the Board continues the budget policy limiting General Fund agency budget
appropriations to no more than their respective percentages in the adopted FY 04 budget, with
a maximum Agency budget increase of 6%. The percentages allocations are noted below in
the following table:
Aaencv
BCC/Co All.
County Manager
Courts/Related
Airport Authority
Road Program Subsidy
DebVCapital Subsidy
Reserves
Clerk of Courts'
Sheriff"
Property Appraiser
Tax Collector
Supervisor of Elections
%of
FY04
Budaet
1.5%
27.3%
2.3%
0.3%
5.2%
6.0%
7.7%
3.4%
39.6%
2.1%
3.8%
0.9%
Total
100.0%
*Clerk adjusted for Article V is 2.2%.
** Sheriff allocation includes $1.7 million debt service
for the Special Operations facility.
MSTD General Fund Milla!!e Tar!!ets
The Board has previously committed to a "millage neutral" unincorporated Area General Fund
budget. The Unincorporated area General Fund provides funding for the median landscaping
program and roadway resurfacing program.
Recommendation: (I) Develop a millage neutral" MSTD General Fund budget for FY 08.
Limitations on Expanded Positions to Maximize Or!!anizational Efficiencies
To maximize organizational efficiencies, a limitation of no more than 25 net new positions in the
County Manager's Agency will be implemented in FY 08. This recognizes the fact that in service
organizations such as local governments, the primary expense is for salaries and associated fringe
benefits and will continue to force economies within the County Manager's Agency through more
effective use of existing resources.
Limitations on Current Service Discretionarv Opera tin!! Expenses
The County Manager recommends limiting current service discretionary operating expense increases
to CPI, 4.1 % or less. This will economize and provide the means to support the General Fund
transportation program requirements. FY 07 adopted operating expenses budgets will be adjusted to
reflect one-time expenses. Exceptions would include fixed cost increases such as allocated
insurance, indirect service charge payments (revenue to the General Fund), fuel, and utility expenses.
Health Care Pro!!ram Cost Sharin!!
Collier County provides a self-funded Group Benefits Plan for health care and prescription drug
coverage. Coverage under the Plan extends to all County employees, with the exception of the
Sheriff's Office, which provides its own self-funded plan.
Nationally, as well as here in Florida, medical plan costs, and the premium dollars required to fund
them, continue to increase annually at double-digit levels. The County's medical plan is similarly
impacted by these rising costs. However, management and employees continue to work together to
hold down the impact of future increases by restructuring benefit levels and initiating further cost
shifting measures. In addition, staff continues to negotiate with providers for discounted physician
and hospital fees and promote corporate wellness and preventive health care initiatives.
Recommendation: In FY 08 the average cost distribution between the Board of County
Commissioners and employees will remain 80% (employer) and 20% (employee).
It is still recommended that the 80% emplover share and 20% employee share be uniform across all
agencies, inclusive of the Constitutional Officers. This policy treats all county employees equally in
terms of cost sharing for health insurance premiums.
Compensation Administration
The philosophy of Collier County Government is to provide a market-based compensation program
that meets the following goals:
I. Facilitates the hiring and retention of the most knowledgeable, skilled and experienced employees
available.
2. Supports continuous training, professional development and enhanced career mobility.
3. Recognizes and rewards individual and team achievement.
In order to achieve these objectives, a series of changes to the compensation system were
implemented in FY 04. These changes are still in place today. (See list below.)
1. Recognized that motivational factors and expectations vary for employees at different levels in the
pay structure and established distinct pay plans that target appropriate reward mechanisms for each
level.
2. Adjusted salary ranges as needed, especially for hourly employees, to more closely
match the appropriate market for each plan.
3. Slowed the growth of executive level base salaries by changing the way performance
awards are paid, (i.e. awarded as one-time lump-sum bonuses rather than incremental
increases to base pay).
Recommendation: Budget 5.85% of budgeted Regular Salaries in FY 08 for
compensation administration and future fiscal years as delineated below:
I Program Component FY05 FY06 FY07 FY08 Future Fiscal
I Years
Cost of Livinl! * 2.10% 3.90% 4.70% 4.10% Varies annually
Awards Prol1:Tam 1.50% 1.50% 1.50% 1.50% 1.50%
Pay Plan Maintenance 0.25% 0.25% 0.25% 0.25% 0.25%
Total 3.85% 5.65% 6.45% 5.85%
*Note: Cost of living adjustments are based on the December Miami-Ft. Lauderdale SMSA (all urban
consumers).
Stormwater Manal!:ement Capital Fundinl!:
The Board previously adopted a policy with funding equivalent to 0.1500 mills annually. The
purpose of this dedicated funding source is to address long-standing capital project needs in the
Stormwater program area, as well as to identify to grantor agencies that Collier County has a
dedicated funding source to provide local matching requirements to available grants.
Recommendation: Provide dedicated General Fund dollars to Stormwater Management capital
projects with funding set at 0.1500 mills annually. Assuming an 8.0% increase in General Fund
taxable value, this would provide funding of $12,480,836 in FY 08.
Schedulinl!: Issues
Decisions Required Staff Recommended Date(s)
Establish Budget submission dates for May 1,2007
the Sheriff, the Clerk of Courts, and
the Supervisor of Elections. Note: OMB staff has communicated this deadline with
the respective Constitutional Officer budget staff
members.
June Budget Workshops (BCC Agency/Courts) Thursday, June 28, 2007
(Constitutional officers/wrap-up) Friday, June 29, 2007
Note: FAC conference is June 12-June 15,2007.
Adoption of nroDosed millage rates July 24,2007 (Tuesdav)
Establish public hearing dates* September 6, 2007 (Thursday)
SeDtember 20,2007 (Thursday)
Notes: The School Board has first priority in establishing public hearing dates. The School Board's
final budget hearing is scheduled for September II, 2007. The Commission chambers are reserved
for the tentative dates for Collier County Government budget public hearings.
Comparative Budl!:et Data
Provide comparative budget data using FY 07 adopted budget data (cost and employees per capita
based on unincorporated area population) by Agency with Budget Submittals for Similar Sized
Florida Counties.
Recommended counties for comparison purposes include:
. Sarasota County
. Lee County
. Charlotte County
. Marion County
. Manatee County
Reserves
. A reserve for contingency is typically budgeted in all operating funds, with the exception of
the Constitutional Officer funds. Reserves for the Constitutional Officer funds shall be
appropriated within the County General Fund. The reserve for contingencies in the General
Fund will be 2.5%.
Accrued Salarv Savings
. The limitation on expanded positions, coupled with the full budgeted amounts for health
insurance and worker's compensation being transferred to the self-insurance funds, impacts
the amount of accrued salary savings due to position vacancies. The market for new
employees is highly competitive and is complicated by the County's relatively high cost of
housing. As attracting new employees at entry level salaries is increasingly difficult, staff is
still recommending using a 2% accrued salary savings factor in developing the FY 08 budget.
Overtime Limitations
A policy to limit overtime budgets is again recommended for FY 08. The proposed policy limits
budgeted overtime to no more than the product of 2.00 multiplied by the 2 % attrition amount.
Example - $1,000,000 budgeted Regular Salaries;
2% attrition ($1,000,000 times 2%) = $20,000;
_ Maximum allowable overtime ($20,000 times 2.00) = $40,000.
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