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The Comprehensive Plan The Comprehensive Plan Capital Improvements Capital Improvements

ElementElement

0

5

10

15

20

25

30

35

40

45

50

(in m

illions)

General Sales Tax Gas Tax Enterprise

FY 2007 FY 2008 FY 2009 FY 2010 FY 2011

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Session AgendaSession Agenda What’ new? SB 360 What’ new? SB 360 Other statutory & rule requirementsOther statutory & rule requirements Capital projects, funding, & financial Capital projects, funding, & financial

feasibilityfeasibility Schedule of capital improvementsSchedule of capital improvements CIE amendmentCIE amendment Fiscal Impact AnalysisFiscal Impact Analysis Tools you can useTools you can use

FIAMFIAM AlternativesAlternatives

Q & AQ & A

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What’s New?What’s New? SB 360 (2005) made major changes to Ch. SB 360 (2005) made major changes to Ch.

163, F.S., regarding the CIE163, F.S., regarding the CIE Definition of financial feasibilityDefinition of financial feasibility Proportionate transportation & school fair Proportionate transportation & school fair

shareshare Required annual update of CIE & amendmentRequired annual update of CIE & amendment Inclusion of school district work program in CIEInclusion of school district work program in CIE Inclusion of MPO projects in CIEInclusion of MPO projects in CIE Annual summary of de minimis transportation Annual summary of de minimis transportation

projectsprojects

44

CIE Purpose?CIE Purpose? 9J-5.016 - Purpose of the CIE is to:9J-5.016 - Purpose of the CIE is to:

Evaluate need for public facilities identified Evaluate need for public facilities identified in other comp plan elements & analyze in other comp plan elements & analyze government fiscal capability to finance & government fiscal capability to finance & construct improvementsconstruct improvements

Estimate cost of improvements & adopt Estimate cost of improvements & adopt policies to guide funding for which a local policies to guide funding for which a local government has fiscal responsibilitygovernment has fiscal responsibility

Schedule improvements funding & Schedule improvements funding & construction to ensure that they are construction to ensure that they are provided when required & include provided when required & include requirements that an adequate concur-rency requirements that an adequate concur-rency management system will be implementedmanagement system will be implemented

55

What Is A Capital What Is A Capital Improvement?Improvement?

9J-5.003(12)9J-5.003(12) defines capital improvements defines capital improvements as large-scale & high-cost physical assets as large-scale & high-cost physical assets constructed or purchased to provide, or purchased to provide, improve, or replace a public facilityimprove, or replace a public facility

Capital improvement cost is generally non-Capital improvement cost is generally non-recurring & may require multiyear financingrecurring & may require multiyear financing

Physical assets identified as existing or Physical assets identified as existing or projected needs in other comp plan elements projected needs in other comp plan elements are considered capital improvementsare considered capital improvements

66

Level-of-Service StandardsLevel-of-Service Standards 163.3180(1)(a) - Sanitary sewer, solid 163.3180(1)(a) - Sanitary sewer, solid

waste, drainage, potable water, parks & waste, drainage, potable water, parks & recreation, schools (beginning 12/1/08), recreation, schools (beginning 12/1/08), & transportation facilities, including & transportation facilities, including mass transit are mass transit are the onlythe only public public facilities & services subject to the facilities & services subject to the concurrency requirement on a concurrency requirement on a statewide basis, statewide basis, but but a local government a local government can add otherscan add others

77

LOS Standards (Cont.)LOS Standards (Cont.) 163.3164(24) defines 163.3164(24) defines public facilitypublic facility to to

include major capital improvements, e.g., include major capital improvements, e.g., transportation, sanitary sewer, solid waste, transportation, sanitary sewer, solid waste, drainage, potable water, educational, drainage, potable water, educational, parks & recreation, health systems & parks & recreation, health systems & facilities, & spoil disposal sites (with facilities, & spoil disposal sites (with exceptions)exceptions)

CIE is to contain policies that address the CIE is to contain policies that address the LOS standards for public facilities which LOS standards for public facilities which are within a local government’s jurisdictionare within a local government’s jurisdiction

88

Financial FeasibilityFinancial Feasibility 163.3164(32) – Means that sufficient 163.3164(32) – Means that sufficient

revenues revenues are currently availableare currently available fromfrom committed funding sources for the first 3 committed funding sources for the first 3 yearsyears, or , or will be available fromwill be available from committed committed or planned funding sources for years 4 or planned funding sources for years 4 and 5and 5, of the schedule of capital , of the schedule of capital improvements adequate to fund projected improvements adequate to fund projected costs of improvements necessary to costs of improvements necessary to ensure that adopted LOS standards are ensure that adopted LOS standards are achieved & maintained within the time achieved & maintained within the time period covered by the scheduleperiod covered by the schedule

99

Financial Feasibility Financial Feasibility (Cont.)(Cont.)

163.3180(13)(d) - The Legislature 163.3180(13)(d) - The Legislature recognizes that financial feasibility is an recognizes that financial feasibility is an important issue because the premise of important issue because the premise of concurrency is that public facilities will concurrency is that public facilities will be provided to achieve & maintain be provided to achieve & maintain adopted LOS standardsadopted LOS standards

Ch. 163 & Rule 9J-5 contain standards Ch. 163 & Rule 9J-5 contain standards used to determine the financial used to determine the financial feasibility of adopted capital programs to feasibility of adopted capital programs to make concurrency more predictable & make concurrency more predictable & governments more accountablegovernments more accountable

1010

Financial Feasibility Financial Feasibility (Cont.)(Cont.)

9J-5.003(29) defines “currently available 9J-5.003(29) defines “currently available revenue sources” as existing sources & revenue sources” as existing sources & amounts of revenue presently available amounts of revenue presently available to the local governmentto the local government

However, it does However, it does not includenot include the intent the intent to increase the future level or amount of to increase the future level or amount of a revenue sources which is contingent a revenue sources which is contingent on ratification by public referendumon ratification by public referendum

1111

Financial Feasibility Financial Feasibility (Cont.)(Cont.)

163.3164(32) – Planned, currently 163.3164(32) – Planned, currently available, or committed funding sources available, or committed funding sources can include: ad valorem taxes, bonds, can include: ad valorem taxes, bonds, state & federal funds, tax revenues, state & federal funds, tax revenues, impact fees, & developer contributionsimpact fees, & developer contributions

9J-5.016(4)(a)2. - Projected or planned 9J-5.016(4)(a)2. - Projected or planned revenue sources may include revenue sources may include government intent to increase the level government intent to increase the level or amount of a source which is or amount of a source which is contingent on ratification by public contingent on ratification by public referendumreferendum

1212

Financial Feasibility Financial Feasibility (Cont.)(Cont.)

163.3177(3)(a)5. - If a local government 163.3177(3)(a)5. - If a local government uses planned revenue sources that uses planned revenue sources that require referenda or other actions to require referenda or other actions to secure the source, secure the source, the planthe plan mustmust, if the , if the referenda are not passed or actions do referenda are not passed or actions do not secure the source, not secure the source, identify other identify other existing revenue sources that will be existing revenue sources that will be used to fund capital projects or used to fund capital projects or otherwise amend the plan to ensure otherwise amend the plan to ensure financial feasibilityfinancial feasibility

1313

Financial Feasibility Financial Feasibility (Cont.)(Cont.)

163.3180(13)(d)1. – By 12/1/08 the CIE 163.3180(13)(d)1. – By 12/1/08 the CIE shallshall set forth a financially feasible set forth a financially feasible public school capital facilities program, public school capital facilities program, established in conjunction with the established in conjunction with the school board demonstrating that the school board demonstrating that the adopted LOS standards will be achieved adopted LOS standards will be achieved & maintained& maintained

1414

Financial Feasibility Financial Feasibility (Cont.)(Cont.)

163.3177(2) – Comp plan elements are 163.3177(2) – Comp plan elements are to be consistent & financially feasible to be consistent & financially feasible determined by using determined by using professionally professionally accepted methodologiesaccepted methodologies

163.3177(3)(a)5. - For capital 163.3177(3)(a)5. - For capital improvements that will be funded by a improvements that will be funded by a developer, financial feasibility developer, financial feasibility shall be shall be demonstrateddemonstrated by being guaranteed in by being guaranteed in an enforceable development or an enforceable development or interlocal agreement or other interlocal agreement or other enforceable agreement enforceable agreement

1515

Schedule of Capital Schedule of Capital ImprovementsImprovements

9J-5.016(4)(a) - The schedule of capital 9J-5.016(4)(a) - The schedule of capital improvements (the schedule), for which improvements (the schedule), for which a local government has fiscal a local government has fiscal responsibility should reflect the need responsibility should reflect the need to:to: Reduce existing deficienciesReduce existing deficiencies Remain abreast of replacementsRemain abreast of replacements Meet future demand Meet future demand

1616

Schedule (Cont.)Schedule (Cont.) 163.3177(3)(a)5. - The schedule includes 163.3177(3)(a)5. - The schedule includes

publicly & privately funded projects publicly & privately funded projects necessary to ensure that adopted LOS necessary to ensure that adopted LOS standards are achieved & maintainedstandards are achieved & maintained

Privately-funded development & Privately-funded development & interlocal agreements must be reflected interlocal agreements must be reflected in the schedule if the capital in the schedule if the capital improvement is necessary to serve improvement is necessary to serve development within the 5-year schedule development within the 5-year schedule

1717

Schedule (Cont.)Schedule (Cont.) 163.3177(3)(a)6. - The schedule 163.3177(3)(a)6. - The schedule mustmust

include transportation improvements include transportation improvements found in the MPO transportation found in the MPO transportation improvement program to the extent improvement program to the extent that they are relied upon to ensure that they are relied upon to ensure concurrency & financial feasibilityconcurrency & financial feasibility

The local schedule The local schedule mustmust also be also be coordinated with the MPO long-range coordinated with the MPO long-range transportation plantransportation plan

1818

Schedule (Cont.)Schedule (Cont.) 163.3177(6)(c) – By 12/1/07, if 163.3177(6)(c) – By 12/1/07, if

applicable, include water supply applicable, include water supply projects in the scheduleprojects in the schedule

163.3180(13)(b)2. – If applicable, public 163.3180(13)(b)2. – If applicable, public school LOS standards are to be included school LOS standards are to be included & adopted into the CIE& adopted into the CIE

163.3180(13)(d)1. – By 12/1/08, include 163.3180(13)(d)1. – By 12/1/08, include public school projects & identify school public school projects & identify school prop fair-share projectsprop fair-share projects

1919

Schedule (Cont.)Schedule (Cont.) 163.3180(16)(b)1. – By 12/1/06 required 163.3180(16)(b)1. – By 12/1/06 required

inclusion of transportation proportionate inclusion of transportation proportionate fair share in the schedulefair share in the schedule Mitigation can be used if projects are Mitigation can be used if projects are

“specifically identified for funding” in the “specifically identified for funding” in the scheduleschedule

Projects Projects must bemust be in the schedule if in the schedule if proportionate fair share mitigation is proportionate fair share mitigation is anticipatedanticipated

163.3180(16)(f) – Transportation improve-163.3180(16)(f) – Transportation improve-ments funded by proportionate share ments funded by proportionate share mitigation mitigation must bemust be adopted into the adopted into the schedule at the next CIE updateschedule at the next CIE update

2020

CIE AmendmentCIE Amendment 163.3177(3)(b)1. - The CIE 163.3177(3)(b)1. - The CIE must be must be

reviewed on an annual basis & modified reviewed on an annual basis & modified as necessary in order to maintain a as necessary in order to maintain a financially feasible 5-year schedulefinancially feasible 5-year schedule

163.3187(1)(f) - Any amendment that 163.3187(1)(f) - Any amendment that changes the schedule or is directly related changes the schedule or is directly related to it, may be made once in a calendar to it, may be made once in a calendar year on a date different from the two year on a date different from the two regular amend-ment times when regular amend-ment times when necessary to coincide with the adoption of necessary to coincide with the adoption of the budget & capital improvements the budget & capital improvements programprogram

2121

CIE Amendment (Cont.)CIE Amendment (Cont.) Corrections & modifications regarding Corrections & modifications regarding

costs; revenue sources; or acceptance costs; revenue sources; or acceptance of facilities from dedications which are of facilities from dedications which are consistent with the plan may be done consistent with the plan may be done by ordinance & by ordinance & shall not be deemedshall not be deemed to to be comp plan amendmentsbe comp plan amendments

163.3177(3)(b)1. –163.3177(3)(b)1. – A CIE amendment is A CIE amendment is requiredrequired to update the schedule on an to update the schedule on an annual basis or to eliminate, defer, or annual basis or to eliminate, defer, or delay the construction of facilities in the delay the construction of facilities in the existing scheduleexisting schedule

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CIE Amendment (Cont.)CIE Amendment (Cont.) If the annual CIE amendment is not If the annual CIE amendment is not

adopted & transmitted, a local adopted & transmitted, a local government government may not amendmay not amend its FLUM, its FLUM, except to meet new requirements & for except to meet new requirements & for emergencies [163.3187(1)(a)] after emergencies [163.3187(1)(a)] after 12/1/2007 unless & until it has adopted 12/1/2007 unless & until it has adopted & transmitted the update& transmitted the update

163.3177(3)(b)2. – CIE amendments 163.3177(3)(b)2. – CIE amendments require only a single ordinance adoption require only a single ordinance adoption public hearingpublic hearing

2323

CIE Amendment (Cont.)CIE Amendment (Cont.) 163.3177(3)(c) - If a local government 163.3177(3)(c) - If a local government

does not adopt the required annual does not adopt the required annual update to the schedule or the annual update to the schedule or the annual update is found not in compliance, the update is found not in compliance, the state land planning agency state land planning agency must notifymust notify the Administration Commissionthe Administration Commission

A local government that has a A local government that has a demonstrated a lack of commitment to demonstrated a lack of commitment to meet its CIE obligations may be subject meet its CIE obligations may be subject to sanctions by the Commissionto sanctions by the Commission

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CIE Amendment (Cont.)CIE Amendment (Cont.) 9J-11.011(5) – After 12/1/07, FLUM 9J-11.011(5) – After 12/1/07, FLUM

amendments amendments mustmust includeinclude a statement a statement that the annual CIE update was adoptedthat the annual CIE update was adopted

9J-11.011(8) – If amendment is the 9J-11.011(8) – If amendment is the annual CIE update or it eliminates, annual CIE update or it eliminates, defers, or delays a facility listed in the defers, or delays a facility listed in the schedule, then a copy of the ordinance & schedule, then a copy of the ordinance & other items other items must bemust be submitted submitted

163.3180(6) – Include the annual 163.3180(6) – Include the annual summary of summary of de minimisde minimis transportation transportation projects showing that the 110% criteria is projects showing that the 110% criteria is not exceedednot exceeded

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CIE Update?CIE Update? When data & analysis is updated, the When data & analysis is updated, the

CIE project criteria should be alsoCIE project criteria should be also Define a capital item for the CIE Define a capital item for the CIE

differently than it is for your local CIPdifferently than it is for your local CIP A capital item usually has a higher A capital item usually has a higher

dollar amount & a longer lifedollar amount & a longer life Include only facilities/projects Include only facilities/projects

necessary to maintain/improve adopted necessary to maintain/improve adopted LOS standardsLOS standards

2626

CIE Update (Cont.)CIE Update (Cont.) Discuss assumptions used to support Discuss assumptions used to support

CIE financial feasibility, e.g.,CIE financial feasibility, e.g., Tax or fee increases/decreasesTax or fee increases/decreases Local/regional/state/national economic Local/regional/state/national economic

projectionsprojections Reasonable expectations for the futureReasonable expectations for the future PAO projectionsPAO projections Inflation projections if usedInflation projections if used

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CIE Update (Cont.)CIE Update (Cont.) 9J-5.016(1)(c) – 9J-5.016(1)(c) – ExistingExisting revenue sources revenue sources

and funding mechanisms and funding mechanisms shall beshall be inventoriedinventoried, i.e., listed, i.e., listed

List sources along with a short explanation List sources along with a short explanation of what revenue is realized from themof what revenue is realized from them

Inventory only those sources that can Inventory only those sources that can be/are available for capital improvement be/are available for capital improvement financingfinancing, e.g., you don’t have to inventory , e.g., you don’t have to inventory intergovern-mental transfers if those intergovern-mental transfers if those monies are not used or availablemonies are not used or available

2828

CIE Update (Cont.)CIE Update (Cont.) 9J-5.016(2)(f) - 9J-5.016(2)(f) - ForecastForecast anticipated/new anticipated/new

revenue sources for 5 yearsrevenue sources for 5 years Include in forecast prop share if applicableInclude in forecast prop share if applicable 163.3164(32) definition of financial 163.3164(32) definition of financial

feasibility refers to sufficient revenues that feasibility refers to sufficient revenues that are currently available from committed are currently available from committed funding sourcesfunding sources for the first 3 years, or for the first 3 years, or will will be available from committed or planned be available from committed or planned funding sourcesfunding sources for years 4 and 5 for years 4 and 5

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CIE Update (Cont.)CIE Update (Cont.) Integrate into your CIE only those Integrate into your CIE only those MPO MPO

projectsprojects that are located within your that are located within your jurisdiction or that maintain adopted jurisdiction or that maintain adopted LOSLOS

If you have no public schools, are not a If you have no public schools, are not a signatory to the interlocal agreement, signatory to the interlocal agreement, and/or are otherwise exempt, state that and/or are otherwise exempt, state that in the CIE data & analysisin the CIE data & analysis

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CIE Update (Cont.)CIE Update (Cont.) You do not need an extensive discussion You do not need an extensive discussion

of issues only to conclude that they are of issues only to conclude that they are either not applicable to your jurisdiction either not applicable to your jurisdiction or that you have no capital improvementsor that you have no capital improvements

DCA suggests development of a DCA suggests development of a public public facilities capacity analysisfacilities capacity analysis to identify to identify facility demands & capacityfacility demands & capacity

If needs exceed committed or planned If needs exceed committed or planned revenues, include long-term strategies in revenues, include long-term strategies in the update to address the deficienciesthe update to address the deficiencies

3131

Q & AQ & A

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ResourcesResources A Guide to the Annual Update of the Capital A Guide to the Annual Update of the Capital

Improvements Element Improvements Element at:at:

http://www.dca.state.fl.us/http://www.dca.state.fl.us/GrowthManagement2005/PDF/GrowthManagement2005/PDF/AnnualUpdateGuideCIE81606.pdfAnnualUpdateGuideCIE81606.pdf

Chapters 9J-5 & 9J-11, Florida Administrative Chapters 9J-5 & 9J-11, Florida Administrative Code at: Code at: http://election.dos.state.fl.us/fac/index.shtmlhttp://election.dos.state.fl.us/fac/index.shtml

Sections 163.3177 & 3180, Florida StatutesSections 163.3177 & 3180, Florida Statutes Senate Bill 360 (2005 Legislative Session) at: Senate Bill 360 (2005 Legislative Session) at:

http://www.flsenate.govhttp://www.flsenate.gov