Florida Senate - 2009 SB 2148
By Senator Bennett
21-00978B-09 20092148__
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 163.3174, F.S.; prohibiting the members of the local
4 governing body from serving on the local planning
5 agency; providing an exception; amending s. 163.3177,
6 F.S.; revising standards for the future land use plan
7 in a local comprehensive plan; revising standards for
8 the housing element of a local comprehensive plan;
9 requiring certain counties to certify that they have
10 adopted a plan for ensuring affordable workforce
11 housing before obtaining certain funding; authorizing
12 the state land planning agency to amend administrative
13 rules relating to planning criteria to allow for
14 varying local conditions; deleting exemptions from the
15 limitation on the frequency of plan amendments;
16 extending the deadline for local governments to adopt
17 a public school facilities element and interlocal
18 agreement; providing legislative findings concerning
19 the need to preserve agricultural land and protect
20 rural agricultural communities from adverse changes in
21 the agricultural economy; defining the term “rural
22 agricultural industrial center”; authorizing a
23 landowner within a rural agricultural industrial
24 center to apply for an amendment to the comprehensive
25 plan to expand an existing center; providing
26 requirements for such application; providing a
27 rebuttable presumption that such an amendment is
28 consistent with state rule; providing certain
29 exceptions to the approval of such amendment; deleting
30 provisions encouraging local governments to develop a
31 community vision and to designate an urban service
32 boundary; amending s. 163.3180, F.S.; providing that
33 certain projects or high-performance transit systems
34 be considered as committed facilities; requiring that
35 the costs associated with accommodating a transit
36 facility be credited against the developer's
37 proportionate-share contribution; revising the
38 calculation of school capacity to include relocatables
39 used by a school district; providing a minimum state
40 availability standard for school concurrency;
41 providing that a developer is not required to reduce
42 or eliminate backlog or address class size reduction;
43 providing that charter schools be considered as a
44 mitigation option under certain circumstances;
45 requiring school districts to include relocatables in
46 their calculation of school capacity under certain
47 circumstances; providing for an Urban Placemaking
48 Initiative Pilot Project Program; providing that
49 certain local governments be designated as urban
50 placemaking initiative pilot projects; providing
51 requirements, criteria, procedures, and limitations
52 for such local governments; amending s. 163.3184,
53 F.S.; requiring that a potential applicant for a
54 future land use map amendment meet certain notice and
55 meeting requirements before filing such application;
56 exempting small-scale amendments from certain
57 requirements; revising certain deadlines for comments
58 on the intergovernmental review and state planning
59 agency review of plan amendments; providing that an
60 amendment is deemed abandoned under certain
61 circumstances; authorizing the state land planning
62 agency to grant extensions for comments; requiring
63 that a comprehensive plan or amendment be available to
64 the public a specified number of days before a
65 scheduled hearing; prohibiting certain types of
66 changes to a plan amendment during a specified period
67 before the hearing; requiring that the local
68 government certify certain information to the state
69 land planning agency; conforming a cross-reference;
70 amending s. 163.3187, F.S.; limiting the adoption of
71 certain plan amendments to twice per calendar year;
72 authorizing local governments to adopt certain plan
73 amendments at any time during a calendar year without
74 regard for restrictions on frequency; deleting certain
75 types of amendments from the list of amendments
76 eligible for adoption at any time during a calendar
77 year; deleting exemptions from frequency limitations;
78 providing circumstances under which small-scale
79 amendments become effective; amending s. 163.3217,
80 F.S.; deleting an exemption from the frequency
81 requirements for the adoption of amendments to a local
82 comprehensive plan; amending s. 171.203, F.S.;
83 deleting an exemption for the adoption of a municipal
84 service area as an amendment to a local comprehensive
85 plan; amending s. 380.06, F.S.; providing that the
86 level-of-service standards for the development-of
87 regional-impact review is the same as the level-of
88 service standards for evaluating concurrency;
89 conforming a cross-reference; providing an effective
90 date.
91
92 Be It Enacted by the Legislature of the State of Florida:
93
94 Section 1. Subsection (1) of section 163.3174, Florida
95 Statutes, is amended to read:
96 163.3174 Local planning agency.—
97 (1) The governing body of each local government,
98 individually or in combination as provided in s. 163.3171, shall
99 designate and by ordinance establish a “local planning agency,”
100 unless the agency is otherwise established by law.
101 Notwithstanding any special act to the contrary, all local
102 planning agencies or equivalent agencies that first review
103 rezoning and comprehensive plan amendments in each municipality
104 and county shall include a representative of the school district
105 appointed by the school board as a nonvoting member of the local
106 planning agency or equivalent agency to attend those meetings at
107 which the agency considers comprehensive plan amendments and
108 rezonings that would, if approved, increase residential density
109 on the property that is the subject of the application. However,
110 this subsection does not prevent the governing body of the local
111 government from granting voting status to the school board
112 member. Members of the local governing body may not serve on
113 designate itself as the local planning agency pursuant to this
114 subsection, except in a municipality having a population of
115 10,000 or fewer with the addition of a nonvoting school board
116 representative. The local governing body shall notify the state
117 land planning agency of the establishment of its local planning
118 agency. All local planning agencies shall provide opportunities
119 for involvement by applicable community college boards, which
120 may be accomplished by formal representation, membership on
121 technical advisory committees, or other appropriate means. The
122 local planning agency shall prepare the comprehensive plan or
123 plan amendment after hearings to be held after public notice and
124 shall make recommendations to the local governing body regarding
125 the adoption or amendment of the plan. The local planning agency
126 may be a local planning commission, the planning department of
127 the local government, or other instrumentality, including a
128 countywide planning entity established by special act or a
129 council of local government officials created pursuant to s.
130 163.02, provided the composition of the council is fairly
131 representative of all the governing bodies in the county or
132 planning area; however:
133 (a) If a joint planning entity is in existence on the
134 effective date of this act which authorizes the governing bodies
135 to adopt and enforce a land use plan effective throughout the
136 joint planning area, that entity shall be the agency for those
137 local governments until such time as the authority of the joint
138 planning entity is modified by law.
139 (b) In the case of chartered counties, the planning
140 responsibility between the county and the several municipalities
141 therein shall be as stipulated in the charter.
142 Section 2. Paragraphs (c), (f), (g), and (h) of subsection
143 (6), paragraph (i) of subsection (10), and subsections (13) and
144 (14) of section 163.3177, Florida Statutes, are amended to read:
145 163.3177 Required and optional elements of comprehensive
146 plan; studies and surveys.—
147 (6) In addition to the requirements of subsections (1)-(5)
148 and (12), the comprehensive plan shall include the following
149 elements:
150 (c) A general sanitary sewer, solid waste, drainage,
151 potable water, and natural groundwater aquifer recharge element
152 correlated to principles and guidelines for future land use,
153 indicating ways to provide for future potable water, drainage,
154 sanitary sewer, solid waste, and aquifer recharge protection
155 requirements for the area. The element may be a detailed
156 engineering plan including a topographic map depicting areas of
157 prime groundwater recharge. The element shall describe the
158 problems and needs and the general facilities that will be
159 required for solution of the problems and needs. The element
160 shall also include a topographic map depicting any areas adopted
161 by a regional water management district as prime groundwater
162 recharge areas for the Floridan or Biscayne aquifers. These
163 areas shall be given special consideration when the local
164 government is engaged in zoning or considering future land use
165 for said designated areas. For areas served by septic tanks,
166 soil surveys shall be provided which indicate the suitability of
167 soils for septic tanks. Within 18 months after the governing
168 board approves an updated regional water supply plan, the
169 element must incorporate the alternative water supply project or
170 projects selected by the local government from those identified
171 in the regional water supply plan pursuant to s. 373.0361(2)(a)
172 or proposed by the local government under s. 373.0361(7)(b). If
173 a local government is located within two water management
174 districts, the local government shall adopt its comprehensive
175 plan amendment within 18 months after the later updated regional
176 water supply plan. The element must identify such alternative
177 water supply projects and traditional water supply projects and
178 conservation and reuse necessary to meet the water needs
179 identified in s. 373.0361(2)(a) within the local government's
180 jurisdiction and include a work plan, covering at least a 10
181 year planning period, for building public, private, and regional
182 water supply facilities, including development of alternative
183 water supplies, which are identified in the element as necessary
184 to serve existing and new development. The work plan shall be
185 updated, at a minimum, every 5 years within 18 months after the
186 governing board of a water management district approves an
187 updated regional water supply plan. Amendments to incorporate
188 the work plan do not count toward the limitation on the
189 frequency of adoption of amendments to the comprehensive plan.
190 Local governments, public and private utilities, regional water
191 supply authorities, special districts, and water management
192 districts are encouraged to cooperatively plan for the
193 development of multijurisdictional water supply facilities that
194 are sufficient to meet projected demands for established
195 planning periods, including the development of alternative water
196 sources to supplement traditional sources of groundwater and
197 surface water supplies.
198 (f)1. A housing element consisting of standards, plans, and
199 principles to be followed in:
200 a. The provision of housing for all current and anticipated
201 future residents of the jurisdiction.
202 b. The elimination of substandard dwelling conditions.
203 c. The structural and aesthetic improvement of existing
204 housing.
205 d. The provision of adequate sites for future housing,
206 including affordable workforce housing as defined in s.
207 380.0651(3)(j), housing for low-income, very low-income, and
208 moderate-income families, mobile homes, senior affordable
209 housing, and group home facilities and foster care facilities,
210 with supporting infrastructure and public facilities.
211 e. Provision for relocation housing and identification of
212 historically significant and other housing for purposes of
213 conservation, rehabilitation, or replacement.
214 f. The formulation of housing implementation programs.
215 g. The creation or preservation of affordable housing to
216 minimize the need for additional local services and avoid the
217 concentration of affordable housing units only in specific areas
218 of the jurisdiction.
219 h. Energy efficiency in the design and construction of new
220 housing.
221 i. Use of renewable energy resources.
222 (I)j. Each county in which the gap between the buying power
223 of a family of four and the median county home sale price
224 exceeds $170,000, as determined by the Florida Housing Finance
225 Corporation, and which is not designated as an area of critical
226 state concern shall adopt a plan for ensuring affordable
227 workforce housing. At a minimum, the plan shall identify
228 adequate sites for such housing. For purposes of this sub
229 subparagraph, the term “workforce housing” means housing that is
230 affordable to natural persons or families whose total household
231 income does not exceed 140 percent of the area median income,
232 adjusted for household size.
233 (II)k. As a precondition to receiving any state affordable
234 housing funding or allocation for any project or program within
235 the jurisdiction of a county that is subject to sub-sub
236 subparagraph (I) sub-subparagraph j., a county must, by July 1
237 of each year, provide certification that the county has complied
238 with the requirements of sub-sub-subparagraph (I) sub
239 subparagraph j.
240 h. Energy efficiency in the design and construction of new
241 housing.
242 i. The use of renewable energy resources.
243 2. The goals, objectives, and policies of the housing
244 element must be based on the data and analysis prepared on
245 housing needs, including the affordable housing needs
246 assessment. State and federal housing plans prepared on behalf
247 of the local government must be consistent with the goals,
248 objectives, and policies of the housing element. Local
249 governments are encouraged to use job training, job creation,
250 and economic solutions to address a portion of their affordable
251 housing concerns.
252 3.2. To assist local governments in housing data collection
253 and analysis and assure uniform and consistent information
254 regarding the state's housing needs, the state land planning
255 agency shall conduct an affordable housing needs assessment for
256 all local jurisdictions on a schedule that coordinates the
257 implementation of the needs assessment with the evaluation and
258 appraisal reports required by s. 163.3191. Each local government
259 shall use utilize the data and analysis from the needs
260 assessment as one basis for the housing element of its local
261 comprehensive plan. The agency shall allow a local government
262 the option to perform its own needs assessment, if it uses the
263 methodology established by the agency by rule.
264 (g)1. For those units of local government identified in s.
265 380.24, a coastal management element, appropriately related to
266 the particular requirements of paragraphs (d) and (e) and
267 meeting the requirements of s. 163.3178(2) and (3). The coastal
268 management element shall set forth the policies that shall guide
269 the local government's decisions and program implementation with
270 respect to the following objectives:
271 a. Maintenance, restoration, and enhancement of the overall
272 quality of the coastal zone environment, including, but not
273 limited to, its amenities and aesthetic values.
274 b. Continued existence of viable populations of all species
275 of wildlife and marine life.
276 c. The orderly and balanced utilization and preservation,
277 consistent with sound conservation principles, of all living and
278 nonliving coastal zone resources.
279 d. Avoidance of irreversible and irretrievable loss of
280 coastal zone resources.
281 e. Ecological planning principles and assumptions to be
282 used in the determination of suitability and extent of permitted
283 development.
284 f. Proposed management and regulatory techniques.
285 g. Limitation of public expenditures that subsidize
286 development in high-hazard coastal areas.
287 h. Protection of human life against the effects of natural
288 disasters.
289 i. The orderly development, maintenance, and use of ports
290 identified in s. 403.021(9) to facilitate deepwater commercial
291 navigation and other related activities.
292 j. Preservation, including sensitive adaptive use of
293 historic and archaeological resources.
294 2. As part of this element, a local government that has a
295 coastal management element in its comprehensive plan is
296 encouraged to adopt recreational surface water use policies that
297 include applicable criteria for and consider such factors as
298 natural resources, manatee protection needs, protection of
299 working waterfronts and public access to the water, and
300 recreation and economic demands. Criteria for manatee protection
301 in the recreational surface water use policies should reflect
302 applicable guidance outlined in the Boat Facility Siting Guide
303 prepared by the Fish and Wildlife Conservation Commission. If
304 the local government elects to adopt recreational surface water
305 use policies by comprehensive plan amendment, such comprehensive
306 plan amendment is exempt from the provisions of s. 163.3187(1).
307 Local governments that wish to adopt recreational surface water
308 use policies may be eligible for assistance with the development
309 of such policies through the Florida Coastal Management Program.
310 The Office of Program Policy Analysis and Government
311 Accountability shall submit a report on the adoption of
312 recreational surface water use policies under this subparagraph
313 to the President of the Senate, the Speaker of the House of
314 Representatives, and the majority and minority leaders of the
315 Senate and the House of Representatives no later than December
316 1, 2010.
317 (h)1. An intergovernmental coordination element showing
318 relationships and stating principles and guidelines to be used
319 in the accomplishment of coordination of the adopted
320 comprehensive plan with the plans of school boards, regional
321 water supply authorities, and other units of local government
322 providing services but not having regulatory authority over the
323 use of land, with the comprehensive plans of adjacent
324 municipalities, the county, adjacent counties, or the region,
325 with the state comprehensive plan and with the applicable
326 regional water supply plan approved pursuant to s. 373.0361, as
327 the case may require and as such adopted plans or plans in
328 preparation may exist. This element of the local comprehensive
329 plan shall demonstrate consideration of the particular effects
330 of the local plan, when adopted, upon the development of
331 adjacent municipalities, the county, adjacent counties, or the
332 region, or upon the state comprehensive plan, as the case may
333 require.
334 a. The intergovernmental coordination element shall provide
335 for procedures to identify and implement joint planning areas,
336 especially for the purpose of annexation, municipal
337 incorporation, and joint infrastructure service areas.
338 b. The intergovernmental coordination element shall provide
339 for recognition of campus master plans prepared pursuant to s.
340 1013.30.
341 c. The intergovernmental coordination element may provide
342 for a voluntary dispute resolution process as established
343 pursuant to s. 186.509 for bringing to closure in a timely
344 manner intergovernmental disputes. A local government may
345 develop and use an alternative local dispute resolution process
346 for this purpose.
347 2. The intergovernmental coordination element shall further
348 state principles and guidelines to be used in the accomplishment
349 of coordination of the adopted comprehensive plan with the plans
350 of school boards and other units of local government providing
351 facilities and services but not having regulatory authority over
352 the use of land. In addition, the intergovernmental coordination
353 element shall describe joint processes for collaborative
354 planning and decisionmaking on population projections and public
355 school siting, the location and extension of public facilities
356 subject to concurrency, and siting facilities with countywide
357 significance, including locally unwanted land uses whose nature
358 and identity are established in an agreement. Within 1 year of
359 adopting their intergovernmental coordination elements, each
360 county, all the municipalities within that county, the district
361 school board, and any unit of local government service providers
362 in that county shall establish by interlocal or other formal
363 agreement executed by all affected entities, the joint processes
364 described in this subparagraph consistent with their adopted
365 intergovernmental coordination elements.
366 3. To foster coordination between special districts and
367 local general-purpose governments as local general-purpose
368 governments implement local comprehensive plans, each
369 independent special district must submit a public facilities
370 report to the appropriate local government as required by s.
371 189.415.
372 4.a. Local governments must execute an interlocal agreement
373 with the district school board, the county, and nonexempt
374 municipalities pursuant to s. 163.31777. The local government
375 shall amend the intergovernmental coordination element to
376 provide that coordination between the local government and
377 school board is pursuant to the agreement and shall state the
378 obligations of the local government under the agreement.
379 b. Plan amendments that comply with this subparagraph are
380 exempt from the provisions of s. 163.3187(1).
381 5. The state land planning agency shall establish a
382 schedule for phased completion and transmittal of plan
383 amendments to implement subparagraphs 1., 2., and 3. from all
384 jurisdictions so as to accomplish their adoption by December 31,
385 1999. A local government may complete and transmit its plan
386 amendments to carry out these provisions prior to the scheduled
387 date established by the state land planning agency. The plan
388 amendments are exempt from the provisions of s. 163.3187(1).
389 6. By January 1, 2004, any county having a population
390 greater than 100,000, and the municipalities and special
391 districts within that county, shall submit a report to the
392 Department of Community Affairs which:
393 a. Identifies all existing or proposed interlocal service
394 delivery agreements regarding the following: education; sanitary
395 sewer; public safety; solid waste; drainage; potable water;
396 parks and recreation; and transportation facilities.
397 b. Identifies any deficits or duplication in the provision
398 of services within its jurisdiction, whether capital or
399 operational. Upon request, the Department of Community Affairs
400 shall provide technical assistance to the local governments in
401 identifying deficits or duplication.
402 7. Within 6 months after submission of the report, the
403 Department of Community Affairs shall, through the appropriate
404 regional planning council, coordinate a meeting of all local
405 governments within the regional planning area to discuss the
406 reports and potential strategies to remedy any identified
407 deficiencies or duplications.
408 8. Each local government shall update its intergovernmental
409 coordination element based upon the findings in the report
410 submitted pursuant to subparagraph 6. The report may be used as
411 supporting data and analysis for the intergovernmental
412 coordination element.
413 (10) The Legislature recognizes the importance and
414 significance of chapter 9J-5, Florida Administrative Code, the
415 Minimum Criteria for Review of Local Government Comprehensive
416 Plans and Determination of Compliance of the Department of
417 Community Affairs that will be used to determine compliance of
418 local comprehensive plans. The Legislature reserved unto itself
419 the right to review chapter 9J-5, Florida Administrative Code,
420 and to reject, modify, or take no action relative to this rule.
421 Therefore, pursuant to subsection (9), the Legislature hereby
422 has reviewed chapter 9J-5, Florida Administrative Code, and
423 expresses the following legislative intent:
424 (i) The Legislature recognizes that due to varying local
425 conditions, local governments have different planning needs that
426 cannot be addressed by applying a uniform set of minimum
427 planning criteria. Therefore, the state land planning agency may
428 amend chapter 9J-5, Florida Administrative Code, to establish
429 different minimum criteria that are applicable to local
430 governments based on the following factors:
431 1. Current and projected population.
432 2. Size of the local jurisdiction.
433 3. Amount and nature of undeveloped land.
434 4. The scale of public services provided by the local
435 government.
436
437 The state land planning agency department shall take into
438 account the factors delineated in rule 9J-5.002(2), Florida
439 Administrative Code, as it provides assistance to local
440 governments and applies the rule in specific situations with
441 regard to the detail of the data and analysis required.
442 (13)(a) The Legislature recognizes and finds that:
443 1. There are a number of rural agricultural industrial
444 centers in the state which process, produce, or aid in the
445 production or distribution of a variety of agriculturally based
446 products, such as fruits, vegetables, timber, and other crops,
447 as well as juices, paper, and building materials. These rural
448 agricultural industrial centers may have a significant amount of
449 existing associated infrastructure that is used for the
450 processing, production, or distribution of agricultural
451 products.
452 2. Such rural agricultural industrial centers are often
453 located within or near communities in which the economy is
454 largely dependent upon agriculture and agriculturally based
455 products. These centers significantly enhance the economy of
456 such communities. However, these agriculturally based
457 communities are often socioeconomically challenged and many such
458 communities have been designated as rural areas of critical
459 economic concern. If these existing rural agricultural
460 industrial centers are lost and not replaced with other job
461 creating enterprises, these agriculturally based communities
462 will lose a substantial amount of their economies.
463 3. The state has a compelling interest in preserving the
464 viability of agriculture and protecting rural agricultural
465 communities and the state from the economic upheaval that could
466 result from short-term or long-term adverse changes in the
467 agricultural economy. To protect such communities and promote
468 viable agriculture for the long term, it is essential to
469 encourage and permit diversification of existing rural
470 agricultural industrial centers by providing for jobs that are
471 not solely dependent upon, but are compatible with and
472 complement, existing agricultural industrial operations and to
473 encourage the creation and expansion of industries that use
474 agricultural products in innovative or new ways. However, the
475 expansion and diversification of these existing centers must be
476 accomplished in a manner that does not promote urban sprawl into
477 surrounding agricultural and rural areas.
478 (b) As used in this subsection, the term “rural
479 agricultural industrial center” means a developed parcel of land
480 in an unincorporated area on which there exists an operating
481 agricultural industrial facility or facilities that employ at
482 least 200 full-time employees in the aggregate and that are used
483 for processing and preparing for transport a farm product, as
484 defined in s. 163.3162, or any biomass material that could be
485 used, directly or indirectly, for the production of fuel,
486 renewable energy, bioenergy, or alternative fuel as defined by
487 state law. The center may also include land that is contiguous
488 to the facility site and that is not used for the cultivation of
489 crops, but on which other existing activities essential to the
490 operation of such facility or facilities are located or
491 conducted. The parcel of land must be located within or in
492 reasonable proximity, not to exceed 10 miles, to a rural area of
493 critical economic concern.
494 (c) A landowner within a rural agricultural industrial
495 center may apply for an amendment to the local government
496 comprehensive plan for the purpose of designating and expanding
497 the existing agricultural industrial uses or facilities located
498 in the center or expanding the existing center to include
499 industrial uses or facilities that are not dependent upon but
500 are compatible with agriculture and the existing uses and
501 facilities. An application for a comprehensive plan amendment
502 under this paragraph:
503 1. May not increase the physical area of the existing rural
504 agricultural industrial center by more than 50 percent or 320
505 acres, whichever is greater;
506 2. Must propose a project that would create, upon
507 completion, at least 50 new full-time jobs;
508 3. Must demonstrate that infrastructure capacity exists or
509 will be provided to support the expanded center at level-of
510 service standards adopted in the local government comprehensive
511 plan; and
512 4. Must contain goals, objectives, and policies that will
513 ensure that any adverse environmental impacts of the expanded
514 center will be adequately addressed and mitigated, or
515 demonstrate that the local government comprehensive plan
516 contains such provisions.
517
518 Within 6 months after receipt of an application under this
519 subsection, the local government must amend the applicable
520 sections of its comprehensive plan to include goals, objectives,
521 and policies to provide for the expansion of rural agricultural
522 industrial centers and to discourage urban sprawl in the
523 surrounding areas. Such goals, objectives, and policies must
524 promote and be consistent with the findings in this subsection.
525 An amendment that meets the requirements in this subsection is
526 presumed to be consistent with rule 9J-5.006(5), Florida
527 Administrative Code. This presumption may be rebutted by a
528 preponderance of the evidence.
529 (d) This subsection does not apply to an optional sector
530 plan adopted pursuant to s. 163.3245 or to a rural land
531 stewardship area designated pursuant to subsection (11). Local
532 governments are encouraged to develop a community vision that
533 provides for sustainable growth, recognizes its fiscal
534 constraints, and protects its natural resources. At the request
535 of a local government, the applicable regional planning council
536 shall provide assistance in the development of a community
537 vision.
538 (a) As part of the process of developing a community vision
539 under this section, the local government must hold two public
540 meetings with at least one of those meetings before the local
541 planning agency. Before those public meetings, the local
542 government must hold at least one public workshop with
543 stakeholder groups such as neighborhood associations, community
544 organizations, businesses, private property owners, housing and
545 development interests, and environmental organizations.
546 (b) The local government must, at a minimum, discuss five
547 of the following topics as part of the workshops and public
548 meetings required under paragraph (a):
549 1. Future growth in the area using population forecasts
550 from the Bureau of Economic and Business Research;
551 2. Priorities for economic development;
552 3. Preservation of open space, environmentally sensitive
553 lands, and agricultural lands;
554 4. Appropriate areas and standards for mixed-use
555 development;
556 5. Appropriate areas and standards for high-density
557 commercial and residential development;
558 6. Appropriate areas and standards for economic development
559 opportunities and employment centers;
560 7. Provisions for adequate workforce housing;
561 8. An efficient, interconnected multimodal transportation
562 system; and
563 9. Opportunities to create land use patterns that
564 accommodate the issues listed in subparagraphs 1.-8.
565 (c) As part of the workshops and public meetings, the local
566 government must discuss strategies for addressing the topics
567 discussed under paragraph (b), including:
568 1. Strategies to preserve open space and environmentally
569 sensitive lands, and to encourage a healthy agricultural
570 economy, including innovative planning and development
571 strategies, such as the transfer of development rights;
572 2. Incentives for mixed-use development, including
573 increased height and intensity standards for buildings that
574 provide residential use in combination with office or commercial
575 space;
576 3. Incentives for workforce housing;
577 4. Designation of an urban service boundary pursuant to
578 subsection (2); and
579 5. Strategies to provide mobility within the community and
580 to protect the Strategic Intermodal System, including the
581 development of a transportation corridor management plan under
582 s. 337.273.
583 (d) The community vision must reflect the community's
584 shared concept for growth and development of the community,
585 including visual representations depicting the desired land use
586 patterns and character of the community during a 10-year
587 planning timeframe. The community vision must also take into
588 consideration economic viability of the vision and private
589 property interests.
590 (e) After the workshops and public meetings required under
591 paragraph (a) are held, the local government may amend its
592 comprehensive plan to include the community vision as a
593 component in the plan. This plan amendment must be transmitted
594 and adopted pursuant to the procedures in ss. 163.3184 and
595 163.3189 at public hearings of the governing body other than
596 those identified in paragraph (a).
597 (f) Amendments submitted under this subsection are exempt
598 from the limitation on the frequency of plan amendments in s.
599 163.3187.
600 (g) A local government that has developed a community
601 vision or completed a visioning process after July 1, 2000, and
602 before July 1, 2005, which substantially accomplishes the goals
603 set forth in this subsection and the appropriate goals,
604 policies, or objectives have been adopted as part of the
605 comprehensive plan or reflected in subsequently adopted land
606 development regulations and the plan amendment incorporating the
607 community vision as a component has been found in compliance is
608 eligible for the incentives in s. 163.3184(17).
609 (14) Local governments are also encouraged to designate an
610 urban service boundary. This area must be appropriate for
611 compact, contiguous urban development within a 10-year planning
612 timeframe. The urban service area boundary must be identified on
613 the future land use map or map series. The local government
614 shall demonstrate that the land included within the urban
615 service boundary is served or is planned to be served with
616 adequate public facilities and services based on the local
617 government's adopted level-of-service standards by adopting a
618 10-year facilities plan in the capital improvements element
619 which is financially feasible. The local government shall
620 demonstrate that the amount of land within the urban service
621 boundary does not exceed the amount of land needed to
622 accommodate the projected population growth at densities
623 consistent with the adopted comprehensive plan within the 10
624 year planning timeframe.
625 (a) As part of the process of establishing an urban service
626 boundary, the local government must hold two public meetings
627 with at least one of those meetings before the local planning
628 agency. Before those public meetings, the local government must
629 hold at least one public workshop with stakeholder groups such
630 as neighborhood associations, community organizations,
631 businesses, private property owners, housing and development
632 interests, and environmental organizations.
633 (b)1. After the workshops and public meetings required
634 under paragraph (a) are held, the local government may amend its
635 comprehensive plan to include the urban service boundary. This
636 plan amendment must be transmitted and adopted pursuant to the
637 procedures in ss. 163.3184 and 163.3189 at meetings of the
638 governing body other than those required under paragraph (a).
639 2. This subsection does not prohibit new development
640 outside an urban service boundary. However, a local government
641 that establishes an urban service boundary under this subsection
642 is encouraged to require a full-cost-accounting analysis for any
643 new development outside the boundary and to consider the results
644 of that analysis when adopting a plan amendment for property
645 outside the established urban service boundary.
646 (c) Amendments submitted under this subsection are exempt
647 from the limitation on the frequency of plan amendments in s.
648 163.3187.
649 (d) A local government that has adopted an urban service
650 boundary before July 1, 2005, which substantially accomplishes
651 the goals set forth in this subsection is not required to comply
652 with paragraph (a) or subparagraph 1. of paragraph (b) in order
653 to be eligible for the incentives under s. 163.3184(17). In
654 order to satisfy the provisions of this paragraph, the local
655 government must secure a determination from the state land
656 planning agency that the urban service boundary adopted before
657 July 1, 2005, substantially complies with the criteria of this
658 subsection, based on data and analysis submitted by the local
659 government to support this determination. The determination by
660 the state land planning agency is not subject to administrative
661 challenge.
662 Section 3. Paragraph (c) of subsection (2) and subsections
663 (12), (13), and (15) of section 163.3180, Florida Statutes, are
664 amended to read:
665 163.3180 Concurrency.—
666 (2)
667 (c) Consistent with the public welfare, and except as
668 otherwise provided in this section, transportation facilities
669 needed to serve new development shall be in place or under
670 actual construction within 3 years after the local government
671 approves a building permit or its functional equivalent that
672 results in traffic generation. In evaluating whether such
673 transportation facilities will be in place or under actual
674 construction, the following shall be considered a committed
675 facility:
676 1. A project that is included in the first 3 years of a
677 local government's adopted capital improvements plan;
678 2. A project that is included in the Department of
679 Transportation's adopted work program; or
680 3. A high-performance transit system that serves multiple
681 municipalities, connects to an existing rail system, and is
682 included in a county's or the Department of Transportation's
683 long-range transportation plan.
684 (12) A development of regional impact may satisfy the
685 transportation concurrency requirements of the local
686 comprehensive plan, the local government's concurrency
687 management system, and s. 380.06 by payment of a proportionate
688 share contribution for local and regionally significant traffic
689 impacts, if:
690 (a) The development of regional impact which, based on its
691 location or mix of land uses, is designed to encourage
692 pedestrian or other nonautomotive modes of transportation;
693 (b) The proportionate-share contribution for local and
694 regionally significant traffic impacts is sufficient to pay for
695 one or more required mobility improvements that will benefit a
696 regionally significant transportation facility;
697 (c) The owner and developer of the development of regional
698 impact pays or assures payment of the proportionate-share
699 contribution; and
700 (d) If the regionally significant transportation facility
701 to be constructed or improved is under the maintenance authority
702 of a governmental entity, as defined by s. 334.03(12), other
703 than the local government with jurisdiction over the development
704 of regional impact, the developer is required to enter into a
705 binding and legally enforceable commitment to transfer funds to
706 the governmental entity having maintenance authority or to
707 otherwise assure construction or improvement of the facility.
708
709 The proportionate-share contribution may be applied to any
710 transportation facility to satisfy the provisions of this
711 subsection and the local comprehensive plan, but, for the
712 purposes of this subsection, the amount of the proportionate
713 share contribution shall be calculated based upon the cumulative
714 number of trips from the proposed development expected to reach
715 roadways during the peak hour from the complete buildout of a
716 stage or phase being approved, divided by the change in the peak
717 hour maximum service volume of roadways resulting from
718 construction of an improvement necessary to maintain the adopted
719 level of service, multiplied by the construction cost, at the
720 time of developer payment, of the improvement necessary to
721 maintain the adopted level of service. For purposes of this
722 subsection, “construction cost” includes all associated costs of
723 the improvement. The cost of any improvements made to a
724 regionally significant transportation facility that is
725 constructed by the owner or developer of the development of
726 regional impact, including the costs associated with
727 accommodating a transit facility within the development of
728 regional impact which is in a county's or the Department of
729 Transportation's long-range transportation plan, shall be
730 credited against a development of regional impact's
731 proportionate-share contribution. Proportionate-share mitigation
732 shall be limited to ensure that a development of regional impact
733 meeting the requirements of this subsection mitigates its impact
734 on the transportation system but is not responsible for the
735 additional cost of reducing or eliminating backlogs. This
736 subsection also applies to Florida Quality Developments pursuant
737 to s. 380.061 and to detailed specific area plans implementing
738 optional sector plans pursuant to s. 163.3245.
739 (13) School concurrency shall be established on a
740 districtwide basis and shall include all public schools in the
741 district and all portions of the district, whether located in a
742 municipality or an unincorporated area unless exempt from the
743 public school facilities element pursuant to s. 163.3177(12).
744 The application of school concurrency to development shall be
745 based upon the adopted comprehensive plan, as amended. All local
746 governments within a county, except as provided in paragraph
747 (f), shall adopt and transmit to the state land planning agency
748 the necessary plan amendments, along with the interlocal
749 agreement, for a compliance review pursuant to s. 163.3184(7)
750 and (8). The minimum requirements for school concurrency are the
751 following:
752 (a) Public school facilities element.—A local government
753 shall adopt and transmit to the state land planning agency a
754 plan or plan amendment which includes a public school facilities
755 element which is consistent with the requirements of s.
756 163.3177(12) and which is determined to be in compliance as
757 defined in s. 163.3184(1)(b). All local government public school
758 facilities plan elements within a county must be consistent with
759 each other as well as the requirements of this part.
760 (b) Level-of-service standards.—The Legislature recognizes
761 that an essential requirement for a concurrency management
762 system is the level of service at which a public facility is
763 expected to operate.
764 1. Local governments and school boards imposing school
765 concurrency shall exercise authority in conjunction with each
766 other to establish jointly adequate level-of-service standards,
767 as defined in chapter 9J-5, Florida Administrative Code,
768 necessary to implement the adopted local government
769 comprehensive plan, based on data and analysis.
770 2. Public school level-of-service standards shall be
771 included and adopted into the capital improvements element of
772 the local comprehensive plan and shall apply districtwide to all
773 schools of the same type. Types of schools may include
774 elementary, middle, and high schools as well as special purpose
775 facilities such as magnet schools.
776 3. Local governments and school boards may use shall have
777 the option to utilize tiered level-of-service standards to allow
778 time to achieve an adequate and desirable level of service as
779 circumstances warrant.
780 4. For purposes of determining whether the level-of-service
781 standards have been met, a school district that includes
782 relocatables in its inventory of student stations shall include
783 the capacity of such relocatables as provided in s.
784 1013.35(2)(b)2.f.
785 (c) Service areas.—The Legislature recognizes that an
786 essential requirement for a concurrency system is a designation
787 of the area within which the level of service will be measured
788 when an application for a residential development permit is
789 reviewed for school concurrency purposes. This delineation is
790 also important for purposes of determining whether the local
791 government has a financially feasible public school capital
792 facilities program for that will provide schools which will
793 achieve and maintain the adopted level-of-service standards.
794 1. In order to balance competing interests, preserve the
795 constitutional concept of uniformity, and avoid disruption of
796 existing educational and growth management processes, local
797 governments are encouraged to initially apply school concurrency
798 to development only on a districtwide basis so that a
799 concurrency determination for a specific development is will be
800 based upon the availability of school capacity districtwide. To
801 ensure that development is coordinated with schools having
802 available capacity, within 5 years after adoption of school
803 concurrency, local governments shall apply school concurrency on
804 a less than districtwide basis, such as using school attendance
805 zones or concurrency service areas, as provided in subparagraph
806 2.
807 2. For local governments applying school concurrency on a
808 less than districtwide basis, such as utilizing school
809 attendance zones or larger school concurrency service areas,
810 local governments and school boards shall have the burden of
811 demonstrating to demonstrate that the use utilization of school
812 capacity is maximized to the greatest extent possible in the
813 comprehensive plan and amendment, taking into account
814 transportation costs and court-approved desegregation plans, as
815 well as other factors. In addition, in order to achieve
816 concurrency within the service area boundaries selected by local
817 governments and school boards, the service area boundaries,
818 together with the standards for establishing those boundaries,
819 shall be identified and included as supporting data and analysis
820 for the comprehensive plan.
821 3. Where school capacity is available on a districtwide
822 basis but school concurrency is applied on a less than
823 districtwide basis in the form of concurrency service areas, if
824 the adopted level-of-service standard cannot be met in a
825 particular service area as applied to an application for a
826 development permit and if the needed capacity for the particular
827 service area is available in one or more contiguous service
828 areas, as adopted by the local government, then the local
829 government may not deny an application for site plan or final
830 subdivision approval or the functional equivalent for a
831 development or phase of a development on the basis of school
832 concurrency, and if issued, development impacts shall be shifted
833 to contiguous service areas with schools having available
834 capacity.
835 (d) Financial feasibility.—The Legislature recognizes that
836 financial feasibility is an important issue because the premise
837 of concurrency is that the public facilities will be provided in
838 order to achieve and maintain the adopted level-of-service
839 standard. This part and chapter 9J-5, Florida Administrative
840 Code, contain specific standards for determining to determine
841 the financial feasibility of capital programs. These standards
842 were adopted to make concurrency more predictable and local
843 governments more accountable.
844 1. A comprehensive plan amendment seeking to impose school
845 concurrency must shall contain appropriate amendments to the
846 capital improvements element of the comprehensive plan,
847 consistent with the requirements of s. 163.3177(3) and rule 9J
848 5.016, Florida Administrative Code. The capital improvements
849 element must shall set forth a financially feasible public
850 school capital facilities program, established in conjunction
851 with the school board, that demonstrates that the adopted level
852 of-service standards will be achieved and maintained.
853 2. Such amendments to the capital improvements element must
854 shall demonstrate that the public school capital facilities
855 program meets all of the financial feasibility standards of this
856 part and chapter 9J-5, Florida Administrative Code, that apply
857 to capital programs which provide the basis for mandatory
858 concurrency on other public facilities and services.
859 3. If When the financial feasibility of a public school
860 capital facilities program is evaluated by the state land
861 planning agency for purposes of a compliance determination, the
862 evaluation must shall be based upon the service areas selected
863 by the local governments and school board.
864 (e) Availability standard.—Consistent with the public
865 welfare, and except as otherwise provided in this subsection,
866 public school facilities that are needed to serve new
867 residential development shall be in place or under actual
868 construction within 3 years after the issuance of final
869 subdivision or site plan approval, or the functional equivalent.
870 A local government may not deny an application for site plan,
871 final subdivision approval, or the functional equivalent for a
872 development or phase of a development authorizing residential
873 development for failure to achieve and maintain the level-of
874 service standard for public school capacity in a local school
875 concurrency management system where adequate school facilities
876 will be in place or under actual construction within 3 years
877 after the issuance of final subdivision or site plan approval,
878 or the functional equivalent. Any mitigation that is required of
879 a developer must be limited to ensure that a development
880 mitigates its own impact on public school facilities; however,
881 such developer is not responsible for the additional cost of
882 reducing or eliminating backlogs or addressing class size
883 reduction. School concurrency is satisfied if the developer
884 executes a legally binding commitment to provide mitigation
885 proportionate to the demand for public school facilities to be
886 created by actual development of the property, including, but
887 not limited to, the options described in subparagraph 1. Options
888 for proportionate-share mitigation of impacts on public school
889 facilities must be established in the public school facilities
890 element and the interlocal agreement pursuant to s. 163.31777.
891 1. Appropriate mitigation options include the contribution
892 of land; the construction, expansion, or payment for land
893 acquisition or construction of a public school facility; the
894 construction of a charter school that complies with the life
895 safety requirements in s. 1002.33(18)(f); or the creation of
896 mitigation banking based on the construction of a public school
897 facility in exchange for the right to sell capacity credits.
898 Such options must include execution by the applicant and the
899 local government of a development agreement that constitutes a
900 legally binding commitment to pay proportionate-share mitigation
901 for the additional residential units approved by the local
902 government in a development order and actually developed on the
903 property, taking into account residential density allowed on the
904 property prior to the plan amendment that increased the overall
905 residential density. The district school board must be a party
906 to such an agreement. As a condition of its entry into such a
907 development agreement, the local government may require the
908 landowner to agree to continuing renewal of the agreement upon
909 its expiration.
910 2. If the education facilities plan and the public
911 educational facilities element authorize a contribution of land;
912 the construction, expansion, or payment for land acquisition; or
913 the construction or expansion of a public school facility, or a
914 portion thereof; or the construction of a charter school that
915 complies with the life safety requirements in s. 1002.33(18)(f),
916 as proportionate-share mitigation, the local government shall
917 credit such a contribution, construction, expansion, or payment
918 toward any other impact fee or exaction imposed by local
919 ordinance for the same need, on a dollar-for-dollar basis at
920 fair market value. For proportionate-share calculations, the
921 percentage of relocatables, as provided in s. 1013.35(2)(b)2.f.,
922 which are used by a school district shall be considered in
923 determining the average cost of a student station.
924 3. Any proportionate-share mitigation must be directed by
925 the school board toward a school capacity improvement identified
926 in a financially feasible 5-year district work plan that
927 satisfies the demands created by the development in accordance
928 with a binding developer's agreement.
929 4. If a development is precluded from commencing because
930 there is inadequate classroom capacity to mitigate the impacts
931 of the development, the development may nevertheless commence if
932 there are accelerated facilities in an approved capital
933 improvement element scheduled for construction in year four or
934 later of such plan which, when built, will mitigate the proposed
935 development, or if such accelerated facilities will be in the
936 next annual update of the capital facilities element, the
937 developer enters into a binding, financially guaranteed
938 agreement with the school district to construct an accelerated
939 facility within the first 3 years of an approved capital
940 improvement plan, and the cost of the school facility is equal
941 to or greater than the development's proportionate share. When
942 the completed school facility is conveyed to the school
943 district, the developer shall receive impact fee credits usable
944 within the zone where the facility is constructed or any
945 attendance zone contiguous with or adjacent to the zone where
946 the facility is constructed.
947 5. This paragraph does not limit the authority of a local
948 government to deny a development permit or its functional
949 equivalent pursuant to its home rule regulatory powers, except
950 as provided in this part.
951 (f) Intergovernmental coordination.—
952 1. When establishing concurrency requirements for public
953 schools, a local government shall satisfy the requirements for
954 intergovernmental coordination set forth in s. 163.3177(6)(h)1.
955 and 2., except that a municipality is not required to be a
956 signatory to the interlocal agreement required by ss.
957 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
958 imposition of school concurrency, and as a nonsignatory, shall
959 not participate in the adopted local school concurrency system,
960 if the municipality meets all of the following criteria for
961 having no significant impact on school attendance:
962 a. The municipality has issued development orders for fewer
963 than 50 residential dwelling units during the preceding 5 years,
964 or the municipality has generated fewer than 25 additional
965 public school students during the preceding 5 years.
966 b. The municipality has not annexed new land during the
967 preceding 5 years in land use categories which permit
968 residential uses that will affect school attendance rates.
969 c. The municipality has no public schools located within
970 its boundaries.
971 d. At least 80 percent of the developable land within the
972 boundaries of the municipality has been built upon.
973 2. A municipality which qualifies as having no significant
974 impact on school attendance pursuant to the criteria of
975 subparagraph 1. must review and determine at the time of its
976 evaluation and appraisal report pursuant to s. 163.3191 whether
977 it continues to meet the criteria pursuant to s. 163.31777(6).
978 If the municipality determines that it no longer meets the
979 criteria, it must adopt appropriate school concurrency goals,
980 objectives, and policies in its plan amendments based on the
981 evaluation and appraisal report, and enter into the existing
982 interlocal agreement required by ss. 163.3177(6)(h)2. and
983 163.31777, in order to fully participate in the school
984 concurrency system. If such a municipality fails to do so, it
985 will be subject to the enforcement provisions of s. 163.3191.
986 (g) Interlocal agreement for school concurrency.—When
987 establishing concurrency requirements for public schools, a
988 local government must enter into an interlocal agreement that
989 satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
990 163.31777 and the requirements of this subsection. The
991 interlocal agreement shall acknowledge both the school board's
992 constitutional and statutory obligations to provide a uniform
993 system of free public schools on a countywide basis, and the
994 land use authority of local governments, including their
995 authority to approve or deny comprehensive plan amendments and
996 development orders. The interlocal agreement shall be submitted
997 to the state land planning agency by the local government as a
998 part of the compliance review, along with the other necessary
999 amendments to the comprehensive plan required by this part. In
1000 addition to the requirements of ss. 163.3177(6)(h) and
1001 163.31777, the interlocal agreement shall meet the following
1002 requirements:
1003 1. Establish the mechanisms for coordinating the
1004 development, adoption, and amendment of each local government's
1005 public school facilities element with each other and the plans
1006 of the school board to ensure a uniform districtwide school
1007 concurrency system.
1008 2. Establish a process for the development of siting
1009 criteria which encourages the location of public schools
1010 proximate to urban residential areas to the extent possible and
1011 seeks to collocate schools with other public facilities such as
1012 parks, libraries, and community centers to the extent possible.
1013 3. Specify uniform, districtwide level-of-service standards
1014 for public schools of the same type and the process for
1015 modifying the adopted level-of-service standards.
1016 4. Establish a process for the preparation, amendment, and
1017 joint approval by each local government and the school board of
1018 a public school capital facilities program which is financially
1019 feasible, and a process and schedule for incorporation of the
1020 public school capital facilities program into the local
1021 government comprehensive plans on an annual basis.
1022 5. Define the geographic application of school concurrency.
1023 If school concurrency is to be applied on a less than
1024 districtwide basis in the form of concurrency service areas, the
1025 agreement shall establish criteria and standards for the
1026 establishment and modification of school concurrency service
1027 areas. The agreement shall also establish a process and schedule
1028 for the mandatory incorporation of the school concurrency
1029 service areas and the criteria and standards for establishment
1030 of the service areas into the local government comprehensive
1031 plans. The agreement shall ensure maximum utilization of school
1032 capacity, taking into account transportation costs and court
1033 approved desegregation plans, as well as other factors. The
1034 agreement shall also ensure the achievement and maintenance of
1035 the adopted level-of-service standards for the geographic area
1036 of application throughout the 5 years covered by the public
1037 school capital facilities plan and thereafter by adding a new
1038 fifth year during the annual update.
1039 6. Establish a uniform districtwide procedure for
1040 implementing school concurrency which provides for:
1041 a. The evaluation of development applications for
1042 compliance with school concurrency requirements, including
1043 information provided by the school board on affected schools,
1044 impact on levels of service, and programmed improvements for
1045 affected schools and any options to provide sufficient capacity;
1046 b. An opportunity for the school board to review and
1047 comment on the effect of comprehensive plan amendments and
1048 rezonings on the public school facilities plan; and
1049 c. The monitoring and evaluation of the school concurrency
1050 system.
1051 7. Include provisions relating to amendment of the
1052 agreement.
1053 8. A process and uniform methodology for determining
1054 proportionate-share mitigation pursuant to subparagraph (e)1.
1055 (h) Local government authority.—This subsection does not
1056 limit the authority of a local government to grant or deny a
1057 development permit or its functional equivalent prior to the
1058 implementation of school concurrency.
1059 (15)(a) Multimodal transportation districts may be
1060 established under a local government comprehensive plan in areas
1061 delineated on the future land use map for which the local
1062 comprehensive plan assigns secondary priority to vehicle
1063 mobility and primary priority to assuring a safe, comfortable,
1064 and attractive pedestrian environment, with convenient
1065 interconnection to transit. Such districts must incorporate
1066 community design features that will reduce the number of
1067 automobile trips or vehicle miles of travel and will support an
1068 integrated, multimodal transportation system. Prior to the
1069 designation of multimodal transportation districts, the
1070 Department of Transportation shall be consulted by the local
1071 government to assess the impact that the proposed multimodal
1072 district area is expected to have on the adopted level-of
1073 service standards established for Strategic Intermodal System
1074 facilities, as defined in s. 339.64, and roadway facilities
1075 funded in accordance with s. 339.2819. Further, the local
1076 government shall, in cooperation with the Department of
1077 Transportation, develop a plan to mitigate any impacts to the
1078 Strategic Intermodal System, including the development of a
1079 long-term concurrency management system pursuant to subsection
1080 (9) and s. 163.3177(3)(d). Multimodal transportation districts
1081 existing prior to July 1, 2005, shall meet, at a minimum, the
1082 provisions of this section by July 1, 2006, or at the time of
1083 the comprehensive plan update pursuant to the evaluation and
1084 appraisal report, whichever occurs last.
1085 (b) Community design elements of such a district include: a
1086 complementary mix and range of land uses, including educational,
1087 recreational, and cultural uses; interconnected networks of
1088 streets designed to encourage walking and bicycling, with
1089 traffic-calming where desirable; appropriate densities and
1090 intensities of use within walking distance of transit stops;
1091 daily activities within walking distance of residences, allowing
1092 independence to persons who do not drive; public uses, streets,
1093 and squares that are safe, comfortable, and attractive for the
1094 pedestrian, with adjoining buildings open to the street and with
1095 parking not interfering with pedestrian, transit, automobile,
1096 and truck travel modes.
1097 (c) Local governments may establish multimodal level-of
1098 service standards that rely primarily on nonvehicular modes of
1099 transportation within the district, when justified by an
1100 analysis demonstrating that the existing and planned community
1101 design will provide an adequate level of mobility within the
1102 district based upon professionally accepted multimodal level-of
1103 service methodologies. The analysis must also demonstrate that
1104 the capital improvements required to promote community design
1105 are financially feasible over the development or redevelopment
1106 timeframe for the district and that community design features
1107 within the district provide convenient interconnection for a
1108 multimodal transportation system. Local governments may issue
1109 development permits in reliance upon all planned community
1110 design capital improvements that are financially feasible over
1111 the development or redevelopment timeframe for the district,
1112 without regard to the period of time between development or
1113 redevelopment and the scheduled construction of the capital
1114 improvements. A determination of financial feasibility shall be
1115 based upon currently available funding or funding sources that
1116 could reasonably be expected to become available over the
1117 planning period.
1118 (d) Local governments may reduce impact fees or local
1119 access fees for development within multimodal transportation
1120 districts based on the reduction of vehicle trips per household
1121 or vehicle miles of travel expected from the development pattern
1122 planned for the district.
1123 (e) By December 1, 2007, The Department of Transportation,
1124 in consultation with the state land planning agency and
1125 interested local governments, may designate a study area for
1126 conducting a pilot project to determine the benefits of and
1127 barriers to establishing a regional multimodal transportation
1128 concurrency district that extends over more than one local
1129 government jurisdiction. If designated:
1130 1. The study area must be in a county that has a population
1131 of at least 1,000 persons per square mile, be within an urban
1132 service area, and have the consent of the local governments
1133 within the study area. The Department of Transportation and the
1134 state land planning agency shall provide technical assistance.
1135 2. The local governments within the study area and the
1136 Department of Transportation, in consultation with the state
1137 land planning agency, shall cooperatively create a multimodal
1138 transportation plan that meets the requirements of this section.
1139 The multimodal transportation plan must include viable local
1140 funding options and incorporate community design features,
1141 including a range of mixed land uses and densities and
1142 intensities, which will reduce the number of automobile trips or
1143 vehicle miles of travel while supporting an integrated,
1144 multimodal transportation system.
1145 3. To effectuate the multimodal transportation concurrency
1146 district, participating local governments may adopt appropriate
1147 comprehensive plan amendments.
1148 4. The Department of Transportation, in consultation with
1149 the state land planning agency, shall submit a report by March
1150 1, 2009, to the Governor, the President of the Senate, and the
1151 Speaker of the House of Representatives on the status of the
1152 pilot project. The report must identify any factors that support
1153 or limit the creation and success of a regional multimodal
1154 transportation district including intergovernmental
1155 coordination.
1156 (f) The state land planning agency may designate up to five
1157 local governments for participation in the Urban Placemaking
1158 Initiative Pilot Project Program. The purpose of the pilot
1159 project program is to assist local communities in redeveloping
1160 primarily single-use suburban areas that surround strategic
1161 corridors and crossroads and to create livable and sustainable
1162 communities that have a sense of place. The Legislature
1163 recognizes that the form of existing development patterns and
1164 strict application of transportation concurrency requirements
1165 create obstacles to such redevelopment. Therefore, the
1166 Legislature finds that the pilot project program will further
1167 the ability of the communities to cultivate mixed-use and form
1168 based communities that integrate all modes of transportation.
1169 The pilot project program shall provide an alternative
1170 regulatory framework that allows for the creation of a
1171 multimodal concurrency district that over the planning time
1172 period allows pilot project communities to incrementally realize
1173 the goals of the redevelopment area by guiding redevelopment of
1174 parcels and cultivating multimodal development in targeted
1175 transitional suburban areas. The Department of Transportation
1176 shall provide technical support to the state land planning
1177 agency and the department. The state land planning agency shall
1178 provide technical assistance to the local governments in their
1179 implementation of the pilot project program.
1180 1. The pilot project communities must have a county
1181 population of at least 350,000, be able to demonstrate an
1182 ability to administer the pilot project, and have appropriate
1183 potential redevelopment areas suitable for the pilot project.
1184 2. Each pilot project community shall designate the
1185 criteria for the designation of urban placemaking redevelopment
1186 areas in the future land use element of its local comprehensive
1187 plans. Such redevelopment areas must be located within an
1188 adopted urban service boundary or its functional equivalent.
1189 Each pilot project community shall also adopt local
1190 comprehensive plan amendments establishing criteria for the
1191 development of the urban placemaking areas which include land
1192 use and transportation strategies, such as the community design
1193 elements provided in paragraph (c).
1194 3. A pilot project community shall provide a process in
1195 which the public may participate in the implementation of the
1196 project. Such participation must provide an opportunity to
1197 coordinate the community's vision, public interest, and the
1198 development goals for developments located within the urban
1199 placemaking redevelopment areas.
1200 4. Each pilot project community may assign transportation
1201 concurrency or trip-generation credits and impact fee exemptions
1202 or reductions and establish concurrency exceptions for
1203 developments that meet the adopted local comprehensive plan
1204 criteria for urban placemaking redevelopment areas. Paragraph
1205 (c) applies to designated urban placemaking redevelopment areas.
1206 5. The state land planning agency shall submit a report by
1207 March 1, 2011, to the Governor, the President of the Senate, and
1208 the Speaker of the House of Representatives on the status of
1209 each approved pilot project community. The report must identify
1210 factors that indicate whether the pilot project program has
1211 demonstrated any success in urban placemaking and redevelopment
1212 initiatives and whether the pilot project should be expanded for
1213 use by other local governments.
1214 Section 4. Subsections (3) and (4), paragraphs (a) and (d)
1215 of subsection (6), paragraph (a) of subsection (7), paragraphs
1216 (b) and (c) of subsection (15), and subsection (17) of section
1217 163.3184, Florida Statutes, are amended to read:
1218 163.3184 Process for adoption of comprehensive plan or plan
1219 amendment.—
1220 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
1221 AMENDMENT.—
1222 (a) Before filing an application for a future land use map
1223 amendment that applies to 50 acres or more, the applicant must
1224 conduct a neighborhood meeting to present, discuss, and solicit
1225 public comment on the proposed amendment. Such meeting shall be
1226 conducted at least 30 days but no more than 60 days before the
1227 application for the amendment is filed with the local
1228 government. At a minimum, the meeting shall be noticed and
1229 conducted in accordance with each of the following requirements:
1230 1. Notice of the meeting shall be:
1231 a. Mailed at least 10 days but no more than 14 days before
1232 the date of the meeting to all property owners owning property
1233 within 500 feet of the property subject to the proposed
1234 amendment, according to information maintained by the county tax
1235 assessor. Such information shall conclusively establish the
1236 required recipients;
1237 b. Published in accordance with ss. 125.66(4)(b)2. and
1238 166.041(3)(c)2.b.;
1239 c. Posted on the jurisdiction's website, if available; and
1240 d. Mailed to all persons on the list of homeowners' or
1241 condominium associations maintained by the jurisdiction, if any.
1242 2. The meeting shall be conducted at an accessible and
1243 convenient location.
1244 3. A sign-in list of all attendees at each meeting must be
1245 maintained.
1246
1247 An application for a future land use map amendment that is
1248 subject to this paragraph shall include a written certification
1249 or verification that the first meeting has been noticed and
1250 conducted in accordance with this section.
1251 (b) At least 15 days but no more than 45 days before the
1252 local governing body's scheduled adoption hearing, the applicant
1253 for a future land use map amendment that applies to 50 acres or
1254 more shall conduct a second noticed community or neighborhood
1255 meeting for the purpose of presenting and discussing the map
1256 amendment application, including any changes made to the
1257 proposed amendment following the first community or neighborhood
1258 meeting. Notice by United States mail at least 10 days but no
1259 more than 14 days before the meeting is required only for
1260 persons who signed in at the preapplication meeting and persons
1261 whose names are on the sign-in sheet from the transmittal
1262 hearing conducted pursuant to paragraph (15)(c). Otherwise,
1263 notice shall be given by newspaper advertisement in accordance
1264 with ss. 125.66(4)(b)2. and 166.041(3)(c)2.b. Before the
1265 adoption hearing, the applicant shall file with the local
1266 government a written certification or verification that the
1267 second meeting has been noticed and conducted in accordance with
1268 this section.
1269 (c) Before filing an application for a future land use map
1270 amendment that applies to more than 10 acres but less than 50
1271 acres, the applicant must conduct a community or neighborhood
1272 meeting in compliance with paragraph (a). An application for a
1273 future land use map amendment that is subject to this paragraph
1274 shall include a written certification or verification that the
1275 first meeting has been noticed and conducted in accordance with
1276 this section. At least 15 days but no more than 45 days before
1277 the local governing body's scheduled adoption hearing, the
1278 applicant for a future land use map amendment that applies to
1279 more than 10 acres but less than 50 acres is encouraged to hold
1280 a second meeting using the provisions in paragraph (b).
1281 (d) The requirement for neighborhood meetings as provided
1282 in this subsection does not apply to small-scale amendments as
1283 defined in s. 163.3187(2)(d) unless a local government, by
1284 ordinance, adopts a procedure for holding a neighborhood meeting
1285 as part of the small-scale amendment process; however, more than
1286 one meeting may not be required.
1287 (e)(a) Each local governing body shall transmit the
1288 complete proposed comprehensive plan or plan amendment to the
1289 state land planning agency, the appropriate regional planning
1290 council and water management district, the Department of
1291 Environmental Protection, the Department of State, and the
1292 Department of Transportation, and, in the case of municipal
1293 plans, to the appropriate county, and, in the case of county
1294 plans, to the Fish and Wildlife Conservation Commission and the
1295 Department of Agriculture and Consumer Services, immediately
1296 following a public hearing pursuant to subsection (15) as
1297 specified in the state land planning agency's procedural rules.
1298 The local governing body shall also transmit a copy of the
1299 complete proposed comprehensive plan or plan amendment to any
1300 other unit of local government or government agency in the state
1301 that has filed a written request with the governing body for the
1302 plan or plan amendment. The local government may request a
1303 review by the state land planning agency pursuant to subsection
1304 (6) at the time of the transmittal of an amendment.
1305 (f)(b) A local governing body shall not transmit portions
1306 of a plan or plan amendment unless it has previously provided to
1307 all state agencies designated by the state land planning agency
1308 a complete copy of its adopted comprehensive plan pursuant to
1309 subsection (7) and as specified in the agency's procedural
1310 rules. In the case of comprehensive plan amendments, the local
1311 governing body shall transmit to the state land planning agency,
1312 the appropriate regional planning council and water management
1313 district, the Department of Environmental Protection, the
1314 Department of State, and the Department of Transportation, and,
1315 in the case of municipal plans, to the appropriate county and,
1316 in the case of county plans, to the Fish and Wildlife
1317 Conservation Commission and the Department of Agriculture and
1318 Consumer Services the materials specified in the state land
1319 planning agency's procedural rules and, in cases in which the
1320 plan amendment is a result of an evaluation and appraisal report
1321 adopted pursuant to s. 163.3191, a copy of the evaluation and
1322 appraisal report. Local governing bodies shall consolidate all
1323 proposed plan amendments into a single submission for each of
1324 the two plan amendment adoption dates during the calendar year
1325 pursuant to s. 163.3187.
1326 (g)(c) A local government may adopt a proposed plan
1327 amendment previously transmitted pursuant to this subsection,
1328 unless review is requested or otherwise initiated pursuant to
1329 subsection (6).
1330 (h)(d) In cases in which a local government transmits
1331 multiple individual amendments that can be clearly and legally
1332 separated and distinguished for the purpose of determining
1333 whether to review the proposed amendment, and the state land
1334 planning agency elects to review several or a portion of the
1335 amendments and the local government chooses to immediately adopt
1336 the remaining amendments not reviewed, the amendments
1337 immediately adopted and any reviewed amendments that the local
1338 government subsequently adopts together constitute one amendment
1339 cycle in accordance with s. 163.3187(1).
1340
1341 Paragraphs (a)-(d) apply to applications for a map amendment
1342 filed after January 1, 2011.
1343 (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies
1344 specified in paragraph (3)(e) (3)(a) shall provide comments to
1345 the state land planning agency within 30 days after receipt by
1346 the state land planning agency of the complete proposed plan
1347 amendment. If the plan or plan amendment includes or relates to
1348 the public school facilities element pursuant to s.
1349 163.3177(12), the state land planning agency shall submit a copy
1350 to the Office of Educational Facilities of the Commissioner of
1351 Education for review and comment. The appropriate regional
1352 planning council shall also provide its written comments to the
1353 state land planning agency within 45 30 days after receipt by
1354 the state land planning agency of the complete proposed plan
1355 amendment and shall specify any objections, recommendations for
1356 modifications, and comments of any other regional agencies to
1357 which the regional planning council may have referred the
1358 proposed plan amendment. Written comments submitted by the
1359 public within 30 days after notice of transmittal by the local
1360 government of the proposed plan amendment will be considered as
1361 if submitted by governmental agencies. All written agency and
1362 public comments must be made part of the file maintained under
1363 subsection (2).
1364 (6) STATE LAND PLANNING AGENCY REVIEW.—
1365 (a) The state land planning agency shall review a proposed
1366 plan amendment upon request of a regional planning council,
1367 affected person, or local government transmitting the plan
1368 amendment. The request from the regional planning council or
1369 affected person must be received within 45 30 days after
1370 transmittal of the proposed plan amendment pursuant to
1371 subsection (3). A regional planning council or affected person
1372 requesting a review shall do so by submitting a written request
1373 to the agency with a notice of the request to the local
1374 government and any other person who has requested notice.
1375 (d) The state land planning agency review shall identify
1376 all written communications with the agency regarding the
1377 proposed plan amendment. If the state land planning agency does
1378 not issue such a review, it shall identify in writing to the
1379 local government all written communications received 45 30 days
1380 after transmittal. The written identification must include a
1381 list of all documents received or generated by the agency, which
1382 list must be of sufficient specificity to enable the documents
1383 to be identified and copies requested, if desired, and the name
1384 of the person to be contacted to request copies of any
1385 identified document. The list of documents must be made a part
1386 of the public records of the state land planning agency.
1387 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
1388 OR AMENDMENTS AND TRANSMITTAL.—
1389 (a) The local government shall review the written comments
1390 submitted to it by the state land planning agency, and any other
1391 person, agency, or government. Any comments, recommendations, or
1392 objections and any reply to them are shall be public documents,
1393 a part of the permanent record in the matter, and admissible in
1394 any proceeding in which the comprehensive plan or plan amendment
1395 may be at issue. The local government, upon receipt of written
1396 comments from the state land planning agency, shall have 120
1397 days to adopt, or adopt with changes, the proposed comprehensive
1398 plan or s. 163.3191 plan amendments. In the case of
1399 comprehensive plan amendments other than those proposed pursuant
1400 to s. 163.3191, the local government shall have 60 days to adopt
1401 the amendment, adopt the amendment with changes, or determine
1402 that it will not adopt the amendment. The adoption of the
1403 proposed plan or plan amendment or the determination not to
1404 adopt a plan amendment, other than a plan amendment proposed
1405 pursuant to s. 163.3191, shall be made in the course of a public
1406 hearing pursuant to subsection (15). If a local government fails
1407 to adopt the comprehensive plan or plan amendment within the
1408 period set forth in this subsection, the plan or plan amendment
1409 shall be deemed abandoned and may not be considered until the
1410 next available amendment cycle pursuant to this section and s.
1411 163.3187. However, before the period expires, if an applicant
1412 certifies in writing to the state land planning agency that the
1413 applicant is proceeding in good faith to address the items
1414 raised in the agency report issued pursuant to paragraph (6)(f)
1415 or agency comments issued pursuant to s. 163.32465(4), and such
1416 certification specifically identifies the items being addressed,
1417 the state land planning agency may grant one or more extensions,
1418 which may not exceed a total of 360 days after the date on which
1419 the agency report or comments is issued, and if the request is
1420 justified by good and sufficient cause, as determined by the
1421 agency. If any such extension is pending, the applicant shall
1422 file with the local government and state land planning agency a
1423 status report every 60 days specifically identifying the items
1424 being addressed and the manner in which such items are being
1425 addressed. The local government shall transmit the complete
1426 adopted comprehensive plan or plan amendment, including the
1427 names and addresses of persons compiled pursuant to paragraph
1428 (15)(c), to the state land planning agency as specified in the
1429 agency's procedural rules within 10 working days after adoption.
1430 The local governing body shall also transmit a copy of the
1431 adopted comprehensive plan or plan amendment to the regional
1432 planning agency and to any other unit of local government or
1433 governmental agency in the state that has filed a written
1434 request with the governing body for a copy of the plan or plan
1435 amendment.
1436 (15) PUBLIC HEARINGS.—
1437 (b) The local governing body shall hold at least two
1438 advertised public hearings on the proposed comprehensive plan or
1439 plan amendment as follows:
1440 1. The first public hearing shall be held at the
1441 transmittal stage pursuant to subsection (3). It shall be held
1442 on a weekday at least 7 days after the day that the first
1443 advertisement is published.
1444 2. The second public hearing shall be held at the adoption
1445 stage pursuant to subsection (7). It shall be held on a weekday
1446 at least 5 days after the day that the second advertisement is
1447 published. The comprehensive plan or plan amendment to be
1448 considered for adoption must be made available to the public at
1449 least 5 days before the date of the hearing and must be posted
1450 at least 5 days before the date of the hearing on the local
1451 government's Internet website, if one is maintained. The
1452 proposed comprehensive plan amendment may not be altered during
1453 the 5 days before the hearing if such alteration increases the
1454 permissible density, intensity, or height, or decreases the
1455 minimum buffers, setbacks, or open space. If the amendment is
1456 altered in this manner during the 5-day period or at the public
1457 hearing, the hearing shall be continued to the next meeting of
1458 the local governing body. As part of the adoption package, the
1459 local government shall certify in writing to the state land
1460 planning agency that it has complied with this paragraph.
1461 (c) The local government shall provide a sign-in form at
1462 the transmittal hearing and at the adoption hearing for persons
1463 to provide their names and mailing and electronic addresses. The
1464 sign-in form must advise that any person providing the requested
1465 information will receive a courtesy informational statement
1466 concerning publications of the state land planning agency's
1467 notice of intent. The local government shall add to the sign-in
1468 form the name and address of any person who submits written
1469 comments concerning the proposed plan or plan amendment during
1470 the time period between the commencement of the transmittal
1471 hearing and the end of the adoption hearing. It is the
1472 responsibility of the person completing the form or providing
1473 written comments to accurately, completely, and legibly provide
1474 all information needed in order to receive the courtesy
1475 informational statement.
1476 (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
1477 local government that has adopted a community vision and urban
1478 service boundary under s. 163.3177(13) and (14) may adopt a plan
1479 amendment related to map amendments solely to property within an
1480 urban service boundary in the manner described in subsections
1481 (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
1482 and e., 2., and 3., such that state and regional agency review
1483 is eliminated. The department may not issue an objections,
1484 recommendations, and comments report on proposed plan amendments
1485 or a notice of intent on adopted plan amendments; however,
1486 affected persons, as defined by paragraph (1)(a), may file a
1487 petition for administrative review pursuant to the requirements
1488 of s. 163.3187(3)(a) to challenge the compliance of an adopted
1489 plan amendment. This subsection does not apply to any amendment
1490 within an area of critical state concern, to any amendment that
1491 increases residential densities allowable in high-hazard coastal
1492 areas as defined in s. 163.3178(2)(h), or to a text change to
1493 the goals, policies, or objectives of the local government's
1494 comprehensive plan. Amendments submitted under this subsection
1495 are exempt from the limitation on the frequency of plan
1496 amendments in s. 163.3187.
1497 Section 5. Subsection (1), paragraph (c) of subsection (3),
1498 subsection (5), and paragraph (a) of subsection (6) of section
1499 163.3187, Florida Statutes, are amended to read:
1500 163.3187 Amendment of adopted comprehensive plan.—
1501 (1) Amendments to comprehensive plans adopted pursuant to
1502 this part may be made not more than two times during any
1503 calendar year, except:
1504 (a) Any local government comprehensive plan In the case of
1505 an emergency, comprehensive plan amendments may be made more
1506 often than twice during the calendar year if the additional plan
1507 amendment enacted in case of emergency which receives the
1508 approval of all of the members of the governing body.
1509 “Emergency” means any occurrence or threat thereof whether
1510 accidental or natural, caused by humankind, in war or peace,
1511 which results or may result in substantial injury or harm to the
1512 population or substantial damage to or loss of property or
1513 public funds.
1514 (b) Any local government comprehensive plan amendments
1515 directly related to a proposed development of regional impact,
1516 including changes which have been determined to be substantial
1517 deviations and including Florida Quality Developments pursuant
1518 to s. 380.061, may be initiated by a local planning agency and
1519 considered by the local governing body at the same time as the
1520 application for development approval using the procedures
1521 provided for local plan amendment in this section and applicable
1522 local ordinances, without regard to statutory or local ordinance
1523 limits on the frequency of consideration of amendments to the
1524 local comprehensive plan. Nothing in this subsection shall be
1525 deemed to require favorable consideration of a plan amendment
1526 solely because it is related to a development of regional
1527 impact.
1528 (c) Any Local government comprehensive plan amendments
1529 directly related to proposed small scale development activities
1530 may be approved without regard to statutory limits on the
1531 frequency of consideration of amendments to the local
1532 comprehensive plan. A small scale development amendment may be
1533 adopted only under the following conditions:
1534 1. The proposed amendment involves a use of 10 acres or
1535 fewer and:
1536 a. The cumulative annual effect of the acreage for all
1537 small scale development amendments adopted by the local
1538 government shall not exceed:
1539 (I) A maximum of 120 acres in a local government that
1540 contains areas specifically designated in the local
1541 comprehensive plan for urban infill, urban redevelopment, or
1542 downtown revitalization as defined in s. 163.3164, urban infill
1543 and redevelopment areas designated under s. 163.2517,
1544 transportation concurrency exception areas approved pursuant to
1545 s. 163.3180(5), or regional activity centers and urban central
1546 business districts approved pursuant to s. 380.06(2)(e);
1547 however, amendments under this paragraph may be applied to no
1548 more than 60 acres annually of property outside the designated
1549 areas listed in this sub-sub-subparagraph. Amendments adopted
1550 pursuant to paragraph (k) shall not be counted toward the
1551 acreage limitations for small scale amendments under this
1552 paragraph.
1553 (II) A maximum of 80 acres in a local government that does
1554 not contain any of the designated areas set forth in sub-sub
1555 subparagraph (I).
1556 (III) A maximum of 120 acres in a county established
1557 pursuant to s. 9, Art. VIII of the State Constitution.
1558 b. The proposed amendment does not involve the same
1559 property granted a change within the prior 12 months.
1560 c. The proposed amendment does not involve the same owner's
1561 property within 200 feet of property granted a change within the
1562 prior 12 months.
1563 d. The proposed amendment does not involve a text change to
1564 the goals, policies, and objectives of the local government's
1565 comprehensive plan, but only proposes a land use change to the
1566 future land use map for a site-specific small scale development
1567 activity.
1568 e. The property that is the subject of the proposed
1569 amendment is not located within an area of critical state
1570 concern, unless the project subject to the proposed amendment
1571 involves the construction of affordable housing units meeting
1572 the criteria of s. 420.0004(3), and is located within an area of
1573 critical state concern designated by s. 380.0552 or by the
1574 Administration Commission pursuant to s. 380.05(1). Such
1575 amendment is not subject to the density limitations of sub
1576 subparagraph f., and shall be reviewed by the state land
1577 planning agency for consistency with the principles for guiding
1578 development applicable to the area of critical state concern
1579 where the amendment is located and is shall not become effective
1580 until a final order is issued under s. 380.05(6).
1581 f. If the proposed amendment involves a residential land
1582 use, the residential land use has a density of 10 units or less
1583 per acre or the proposed future land use category allows a
1584 maximum residential density of the same or less than the maximum
1585 residential density allowable under the existing future land use
1586 category, except that this limitation does not apply to small
1587 scale amendments involving the construction of affordable
1588 housing units meeting the criteria of s. 420.0004(3) on property
1589 which will be the subject of a land use restriction agreement,
1590 or small scale amendments described in sub-sub-subparagraph
1591 a.(I) that are designated in the local comprehensive plan for
1592 urban infill, urban redevelopment, or downtown revitalization as
1593 defined in s. 163.3164, urban infill and redevelopment areas
1594 designated under s. 163.2517, transportation concurrency
1595 exception areas approved pursuant to s. 163.3180(5), or regional
1596 activity centers and urban central business districts approved
1597 pursuant to s. 380.06(2)(e).
1598 2.a. A local government that proposes to consider a plan
1599 amendment pursuant to this paragraph is not required to comply
1600 with the procedures and public notice requirements of s.
1601 163.3184(15)(c) for such plan amendments if the local government
1602 complies with the provisions in s. 125.66(4)(a) for a county or
1603 in s. 166.041(3)(c) for a municipality. If a request for a plan
1604 amendment under this paragraph is initiated by other than the
1605 local government, public notice is required.
1606 b. The local government shall send copies of the notice and
1607 amendment to the state land planning agency, the regional
1608 planning council, and any other person or entity requesting a
1609 copy. This information shall also include a statement
1610 identifying any property subject to the amendment that is
1611 located within a coastal high-hazard area as identified in the
1612 local comprehensive plan.
1613 3. Small scale development amendments adopted pursuant to
1614 this paragraph require only one public hearing before the
1615 governing board, which shall be an adoption hearing as described
1616 in s. 163.3184(7), and are not subject to the requirements of s.
1617 163.3184(3)-(6) unless the local government elects to have them
1618 subject to those requirements.
1619 4. If the small scale development amendment involves a site
1620 within an area that is designated by the Governor as a rural
1621 area of critical economic concern under s. 288.0656(7) for the
1622 duration of such designation, the 10-acre limit listed in
1623 subparagraph 1. shall be increased by 100 percent to 20 acres.
1624 The local government approving the small scale plan amendment
1625 shall certify to the Office of Tourism, Trade, and Economic
1626 Development that the plan amendment furthers the economic
1627 objectives set forth in the executive order issued under s.
1628 288.0656(7), and the property subject to the plan amendment
1629 shall undergo public review to ensure that all concurrency
1630 requirements and federal, state, and local environmental permit
1631 requirements are met.
1632 (d) Any comprehensive plan amendment required by a
1633 compliance agreement pursuant to s. 163.3184(16) may be approved
1634 without regard to statutory limits on the frequency of adoption
1635 of amendments to the comprehensive plan.
1636 (e) A comprehensive plan amendment for location of a state
1637 correctional facility. Such an amendment may be made at any time
1638 and does not count toward the limitation on the frequency of
1639 plan amendments.
1640 (e)(f) Any comprehensive plan amendment that changes the
1641 schedule in the capital improvements element, and any amendments
1642 directly related to the schedule, may be made once in a calendar
1643 year on a date different from the two times provided in this
1644 subsection when necessary to coincide with the adoption of the
1645 local government's budget and capital improvements program.
1646 (g) Any local government comprehensive plan amendments
1647 directly related to proposed redevelopment of brownfield areas
1648 designated under s. 376.80 may be approved without regard to
1649 statutory limits on the frequency of consideration of amendments
1650 to the local comprehensive plan.
1651 (f)(h) Any comprehensive plan amendments for port
1652 transportation facilities and projects that are eligible for
1653 funding by the Florida Seaport Transportation and Economic
1654 Development Council pursuant to s. 311.07.
1655 (i) A comprehensive plan amendment for the purpose of
1656 designating an urban infill and redevelopment area under s.
1657 163.2517 may be approved without regard to the statutory limits
1658 on the frequency of amendments to the comprehensive plan.
1659 (g)(j) Any comprehensive plan amendment to establish public
1660 school concurrency pursuant to s. 163.3180(13), including, but
1661 not limited to, adoption of a public school facilities element
1662 pursuant to s. 163.3177(12) and adoption of amendments to the
1663 capital improvements element and intergovernmental coordination
1664 element. In order to ensure the consistency of local government
1665 public school facilities elements within a county, such elements
1666 must shall be prepared and adopted on a similar time schedule.
1667 (k) A local comprehensive plan amendment directly related
1668 to providing transportation improvements to enhance life safety
1669 on Controlled Access Major Arterial Highways identified in the
1670 Florida Intrastate Highway System, in counties as defined in s.
1671 125.011, where such roadways have a high incidence of traffic
1672 accidents resulting in serious injury or death. Any such
1673 amendment shall not include any amendment modifying the
1674 designation on a comprehensive development plan land use map nor
1675 any amendment modifying the allowable densities or intensities
1676 of any land.
1677 (l) A comprehensive plan amendment to adopt a public
1678 educational facilities element pursuant to s. 163.3177(12) and
1679 future land-use-map amendments for school siting may be approved
1680 notwithstanding statutory limits on the frequency of adopting
1681 plan amendments.
1682 (m) A comprehensive plan amendment that addresses criteria
1683 or compatibility of land uses adjacent to or in close proximity
1684 to military installations in a local government's future land
1685 use element does not count toward the limitation on the
1686 frequency of the plan amendments.
1687 (n) Any local government comprehensive plan amendment
1688 establishing or implementing a rural land stewardship area
1689 pursuant to the provisions of s. 163.3177(11)(d).
1690 (o) A comprehensive plan amendment that is submitted by an
1691 area designated by the Governor as a rural area of critical
1692 economic concern under s. 288.0656(7) and that meets the
1693 economic development objectives may be approved without regard
1694 to the statutory limits on the frequency of adoption of
1695 amendments to the comprehensive plan.
1696 (p) Any local government comprehensive plan amendment that
1697 is consistent with the local housing incentive strategies
1698 identified in s. 420.9076 and authorized by the local
1699 government.
1700 (h) Any local government comprehensive plan amendment
1701 adopted pursuant to a final order issued by the Administration
1702 Commission or the Florida Land and Water Adjudicatory
1703 Commission.
1704 (i) A future land use map amendment within an area
1705 designated by the Governor as a rural area of critical economic
1706 concern under s. 288.0656(7), if the Office of Tourism, Trade,
1707 and Economic Development states in writing that the amendment
1708 supports a regional target industry that is identified in an
1709 economic development plan prepared for one of the economic
1710 development programs identified in s. 288.0656(7).
1711 (j) Any local government comprehensive plan amendment
1712 establishing or implementing a rural land stewardship area
1713 pursuant to s. 163.3177(11)(d) or a sector plan pursuant to s.
1714 163.3245.
1715 (3)
1716 (c) Small scale development amendments shall not become
1717 effective until 31 days after adoption. If challenged within 30
1718 days after adoption, small scale development amendments shall
1719 not become effective until the state land planning agency or the
1720 Administration Commission, respectively, issues a final order
1721 determining that the adopted small scale development amendment
1722 is in compliance. However, a small-scale amendment is not
1723 effective until it has been rendered to the state land planning
1724 agency as required by sub-subparagraph (1)(c)2.b. and the state
1725 land planning agency has certified to the local government in
1726 writing that the amendment qualifies as a small-scale amendment.
1727 (5) Nothing in This part does not is intended to prohibit
1728 or limit the authority of local governments to require that a
1729 person requesting an amendment pay some or all of the cost of
1730 public notice.
1731 (6)(a) A No local government may not amend its
1732 comprehensive plan after the date established by the state land
1733 planning agency for adoption of its evaluation and appraisal
1734 report unless it has submitted its report or addendum to the
1735 state land planning agency as prescribed by s. 163.3191, except
1736 for plan amendments described in paragraph (1)(b) or paragraph
1737 (1)(f) (1)(h).
1738 Section 6. Paragraph (b) of subsection (2) of section
1739 163.3217, Florida Statutes, is amended to read:
1740 163.3217 Municipal overlay for municipal incorporation.—
1741 (2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
1742 OVERLAY.—
1743 (b)1. A municipal overlay shall be adopted as an amendment
1744 to the local government comprehensive plan as prescribed by s.
1745 163.3184.
1746 2. A county may consider the adoption of a municipal
1747 overlay without regard to the provisions of s. 163.3187(1)
1748 regarding the frequency of adoption of amendments to the local
1749 comprehensive plan.
1750 Section 7. Subsection (11) of section 171.203, Florida
1751 Statutes, is amended to read:
1752 171.203 Interlocal service boundary agreement.—The
1753 governing body of a county and one or more municipalities or
1754 independent special districts within the county may enter into
1755 an interlocal service boundary agreement under this part. The
1756 governing bodies of a county, a municipality, or an independent
1757 special district may develop a process for reaching an
1758 interlocal service boundary agreement which provides for public
1759 participation in a manner that meets or exceeds the requirements
1760 of subsection (13), or the governing bodies may use the process
1761 established in this section.
1762 (11)(a) A municipality that is a party to an interlocal
1763 service boundary agreement that identifies an unincorporated
1764 area for municipal annexation under s. 171.202(11)(a) shall
1765 adopt a municipal service area as an amendment to its
1766 comprehensive plan to address future possible municipal
1767 annexation. The state land planning agency shall review the
1768 amendment for compliance with part II of chapter 163. The
1769 proposed plan amendment must contain:
1770 1. A boundary map of the municipal service area.
1771 2. Population projections for the area.
1772 3. Data and analysis supporting the provision of public
1773 facilities for the area.
1774 (b) This part does not authorize the state land planning
1775 agency to review, evaluate, determine, approve, or disapprove a
1776 municipal ordinance relating to municipal annexation or
1777 contraction.
1778 (c) Any amendment required by paragraph (a) is exempt from
1779 the twice-per-year limitation under s. 163.3187.
1780 Section 8. Paragraph (a) of subsection (7) and paragraph
1781 (l) of subsection (24) of section 380.06, Florida Statutes, are
1782 amended to read:
1783 380.06 Developments of regional impact.—
1784 (7) PREAPPLICATION PROCEDURES.—
1785 (a) Before filing an application for development approval,
1786 the developer shall contact the regional planning agency with
1787 jurisdiction over the proposed development to arrange a
1788 preapplication conference. Upon the request of the developer or
1789 the regional planning agency, other affected state and regional
1790 agencies shall participate in this conference and shall identify
1791 the types of permits issued by the agencies, the level of
1792 information required, and the permit issuance procedures as
1793 applied to the proposed development. The level-of-service
1794 standards required in the transportation methodology must be the
1795 same level-of-service standards used to evaluate concurrency in
1796 accordance with s. 163.3180. The regional planning agency shall
1797 provide the developer information about the development-of
1798 regional-impact process and the use of preapplication
1799 conferences to identify issues, coordinate appropriate state and
1800 local agency requirements, and otherwise promote a proper and
1801 efficient review of the proposed development. If agreement is
1802 reached regarding assumptions and methodology to be used in the
1803 application for development approval, the reviewing agencies may
1804 not subsequently object to those assumptions and methodologies
1805 unless subsequent changes to the project or information obtained
1806 during the review make those assumptions and methodologies
1807 inappropriate.
1808 (24) STATUTORY EXEMPTIONS.—
1809 (l) Any proposed development within an urban service
1810 boundary established under s. 163.3177(14) is exempt from the
1811 provisions of this section if the local government having
1812 jurisdiction over the area where the development is proposed has
1813 adopted the urban service boundary, has entered into a binding
1814 agreement with jurisdictions that would be impacted and with the
1815 Department of Transportation regarding the mitigation of impacts
1816 on state and regional transportation facilities, and has adopted
1817 a proportionate share methodology pursuant to s. 163.3180(16).
1818
1819 If a use is exempt from review as a development of regional
1820 impact under paragraphs (a)-(t), but will be part of a larger
1821 project that is subject to review as a development of regional
1822 impact, the impact of the exempt use must be included in the
1823 review of the larger project.
1824 Section 9. This act shall take effect July 1, 2009.