Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1122
       
       
       
       
       
       
                                Barcode 701516                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/05/2011 12:10 PM       .                                
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 349 - 946
    4  and insert:
    5         intensities of use of the industrial, commercial, or
    6  residential areas that surround the parcel. This presumption may
    7  be rebutted by clear and convincing evidence. Each application
    8  for a comprehensive plan amendment under this subsection for a
    9  parcel larger than 640 acres must include appropriate new
   10  urbanism concepts such as clustering, mixed-use development, the
   11  creation of rural village and city centers, and the transfer of
   12  development rights in order to discourage urban sprawl while
   13  protecting landowner rights.
   14         (a) The local government and the owner of a parcel of land
   15  that is the subject of an application for an amendment shall
   16  have 180 days following the date that the local government
   17  receives a complete application to negotiate in good faith to
   18  reach consensus on the land uses and intensities of use that are
   19  consistent with the uses and intensities of use of the
   20  industrial, commercial, or residential areas that surround the
   21  parcel. Within 30 days after the local government’s receipt of
   22  such an application, the local government and owner must agree
   23  in writing to a schedule for information submittal, public
   24  hearings, negotiations, and final action on the amendment, which
   25  schedule may thereafter be altered only with the written consent
   26  of the local government and the owner. Compliance with the
   27  schedule in the written agreement constitutes good faith
   28  negotiations for purposes of paragraph (c).
   29         (b) Upon conclusion of good faith negotiations under
   30  paragraph (a), regardless of whether the local government and
   31  owner reach consensus on the land uses and intensities of use
   32  that are consistent with the uses and intensities of use of the
   33  industrial, commercial, or residential areas that surround the
   34  parcel, the amendment must be transmitted to the state land
   35  planning agency for review pursuant to s. 163.3184. If the local
   36  government fails to transmit the amendment within 180 days after
   37  receipt of a complete application, the amendment must be
   38  immediately transferred to the state land planning agency for
   39  such review at the first available transmittal cycle. A plan
   40  amendment transmitted to the state land planning agency
   41  submitted under this subsection is presumed not to be urban
   42  sprawl as defined in s. 163.3164 consistent with rule 9J
   43  5.006(5), Florida Administrative Code. This presumption may be
   44  rebutted by clear and convincing evidence.
   45         (c) If the owner fails to negotiate in good faith, a plan
   46  amendment submitted under this subsection is not entitled to the
   47  rebuttable presumption under this subsection in the negotiation
   48  and amendment process.
   49         (d) Nothing within this subsection relating to agricultural
   50  enclaves shall preempt or replace any protection currently
   51  existing for any property located within the boundaries of the
   52  following areas:
   53         1. The Wekiva Study Area, as described in s. 369.316; or
   54         2. The Everglades Protection Area, as defined in s.
   55  373.4592(2).
   56         Section 6. Section 163.3164, Florida Statutes, is amended
   57  to read:
   58         163.3164 Community Local Government Comprehensive Planning
   59  and Land Development Regulation Act; definitions.—As used in
   60  this act:
   61         (1) “Administration Commission” means the Governor and the
   62  Cabinet, and for purposes of this chapter the commission shall
   63  act on a simple majority vote, except that for purposes of
   64  imposing the sanctions provided in s. 163.3184(8)(11),
   65  affirmative action shall require the approval of the Governor
   66  and at least three other members of the commission.
   67         (2) “Affordable housing” has the same meaning as in s.
   68  420.0004(3).
   69         (3)(33) “Agricultural enclave” means an unincorporated,
   70  undeveloped parcel that:
   71         (a) Is owned by a single person or entity;
   72         (b) Has been in continuous use for bona fide agricultural
   73  purposes, as defined by s. 193.461, for a period of 5 years
   74  prior to the date of any comprehensive plan amendment
   75  application;
   76         (c) Is surrounded on at least 75 percent of its perimeter
   77  by:
   78         1. Property that has existing industrial, commercial, or
   79  residential development; or
   80         2. Property that the local government has designated, in
   81  the local government’s comprehensive plan, zoning map, and
   82  future land use map, as land that is to be developed for
   83  industrial, commercial, or residential purposes, and at least 75
   84  percent of such property is existing industrial, commercial, or
   85  residential development;
   86         (d) Has public services, including water, wastewater,
   87  transportation, schools, and recreation facilities, available or
   88  such public services are scheduled in the capital improvement
   89  element to be provided by the local government or can be
   90  provided by an alternative provider of local government
   91  infrastructure in order to ensure consistency with applicable
   92  concurrency provisions of s. 163.3180; and
   93         (e) Does not exceed 1,280 acres; however, if the property
   94  is surrounded by existing or authorized residential development
   95  that will result in a density at buildout of at least 1,000
   96  residents per square mile, then the area shall be determined to
   97  be urban and the parcel may not exceed 4,480 acres.
   98         (4) “Antiquated subdivision” means a subdivision that was
   99  recorded or approved more than 20 years ago and that has
  100  substantially failed to be built and the continued buildout of
  101  the subdivision in accordance with the subdivision’s zoning and
  102  land use purposes would cause an imbalance of land uses and
  103  would be detrimental to the local and regional economies and
  104  environment, hinder current planning practices, and lead to
  105  inefficient and fiscally irresponsible development patterns as
  106  determined by the respective jurisdiction in which the
  107  subdivision is located.
  108         (5)(2) “Area” or “area of jurisdiction” means the total
  109  area qualifying under the provisions of this act, whether this
  110  be all of the lands lying within the limits of an incorporated
  111  municipality, lands in and adjacent to incorporated
  112  municipalities, all unincorporated lands within a county, or
  113  areas comprising combinations of the lands in incorporated
  114  municipalities and unincorporated areas of counties.
  115         (6) “Capital improvement” means physical assets constructed
  116  or purchased to provide, improve, or replace a public facility
  117  and which are typically large scale and high in cost. The cost
  118  of a capital improvement is generally nonrecurring and may
  119  require multiyear financing. For the purposes of this part,
  120  physical assets that have been identified as existing or
  121  projected needs in the individual comprehensive plan elements
  122  shall be considered capital improvements.
  123         (7)(3) “Coastal area” means the 35 coastal counties and all
  124  coastal municipalities within their boundaries designated
  125  coastal by the state land planning agency.
  126         (8) “Compatibility” means a condition in which land uses or
  127  conditions can coexist in relative proximity to each other in a
  128  stable fashion over time such that no use or condition is unduly
  129  negatively impacted directly or indirectly by another use or
  130  condition.
  131         (9)(4) “Comprehensive plan” means a plan that meets the
  132  requirements of ss. 163.3177 and 163.3178.
  133         (10) “Deepwater ports” means the ports identified in s.
  134  403.021(9).
  135         (11) “Density” means an objective measurement of the number
  136  of people or residential units allowed per unit of land, such as
  137  residents or employees per acre.
  138         (12)(5) “Developer” means any person, including a
  139  governmental agency, undertaking any development as defined in
  140  this act.
  141         (13)(6) “Development” has the same meaning as given it in
  142  s. 380.04.
  143         (14)(7) “Development order” means any order granting,
  144  denying, or granting with conditions an application for a
  145  development permit.
  146         (15)(8) “Development permit” includes any building permit,
  147  zoning permit, subdivision approval, rezoning, certification,
  148  special exception, variance, or any other official action of
  149  local government having the effect of permitting the development
  150  of land.
  151         (16)(25) “Downtown revitalization” means the physical and
  152  economic renewal of a central business district of a community
  153  as designated by local government, and includes both downtown
  154  development and redevelopment.
  155         (17) “Floodprone areas” means areas inundated during a 100
  156  year flood event or areas identified by the National Flood
  157  Insurance Program as an A Zone on flood insurance rate maps or
  158  flood hazard boundary maps.
  159         (18) “Goal” means the long-term end toward which programs
  160  or activities are ultimately directed.
  161         (19)(9) “Governing body” means the board of county
  162  commissioners of a county, the commission or council of an
  163  incorporated municipality, or any other chief governing body of
  164  a unit of local government, however designated, or the
  165  combination of such bodies where joint utilization of the
  166  provisions of this act is accomplished as provided herein.
  167         (20)(10) “Governmental agency” means:
  168         (a) The United States or any department, commission,
  169  agency, or other instrumentality thereof.
  170         (b) This state or any department, commission, agency, or
  171  other instrumentality thereof.
  172         (c) Any local government, as defined in this section, or
  173  any department, commission, agency, or other instrumentality
  174  thereof.
  175         (d) Any school board or other special district, authority,
  176  or governmental entity.
  177         (21) “Intensity” means an objective measurement of the
  178  extent to which land may be developed or used, including the
  179  consumption or use of the space above, on, or below ground; the
  180  measurement of the use of or demand on natural resources; and
  181  the measurement of the use of or demand on facilities and
  182  services.
  183         (22) “Internal trip capture” means trips generated by a
  184  mixed-use project that travel from one on-site land use to
  185  another on-site land use without using the external road
  186  network.
  187         (23)(11) “Land” means the earth, water, and air, above,
  188  below, or on the surface, and includes any improvements or
  189  structures customarily regarded as land.
  190         (24)(22) “Land development regulation commission” means a
  191  commission designated by a local government to develop and
  192  recommend, to the local governing body, land development
  193  regulations which implement the adopted comprehensive plan and
  194  to review land development regulations, or amendments thereto,
  195  for consistency with the adopted plan and report to the
  196  governing body regarding its findings. The responsibilities of
  197  the land development regulation commission may be performed by
  198  the local planning agency.
  199         (25)(23) “Land development regulations” means ordinances
  200  enacted by governing bodies for the regulation of any aspect of
  201  development and includes any local government zoning, rezoning,
  202  subdivision, building construction, or sign regulations or any
  203  other regulations controlling the development of land, except
  204  that this definition does shall not apply in s. 163.3213.
  205         (26)(12) “Land use” means the development that has occurred
  206  on the land, the development that is proposed by a developer on
  207  the land, or the use that is permitted or permissible on the
  208  land under an adopted comprehensive plan or element or portion
  209  thereof, land development regulations, or a land development
  210  code, as the context may indicate.
  211         (27) “Level of service” means an indicator of the extent or
  212  degree of service provided by, or proposed to be provided by, a
  213  facility based on and related to the operational characteristics
  214  of the facility. Level of service shall indicate the capacity
  215  per unit of demand for each public facility.
  216         (28)(13) “Local government” means any county or
  217  municipality.
  218         (29)(14) “Local planning agency” means the agency
  219  designated to prepare the comprehensive plan or plan amendments
  220  required by this act.
  221         (30)(15)A “Newspaper of general circulation” means a
  222  newspaper published at least on a weekly basis and printed in
  223  the language most commonly spoken in the area within which it
  224  circulates, but does not include a newspaper intended primarily
  225  for members of a particular professional or occupational group,
  226  a newspaper whose primary function is to carry legal notices, or
  227  a newspaper that is given away primarily to distribute
  228  advertising.
  229         (31) “New town” means an urban activity center and
  230  community designated on the future land use map of sufficient
  231  size, population and land use composition to support a variety
  232  of economic and social activities consistent with an urban area
  233  designation. New towns shall include basic economic activities;
  234  all major land use categories, with the possible exception of
  235  agricultural and industrial; and a centrally provided full range
  236  of public facilities and services that demonstrate internal trip
  237  capture. A new town shall be based on a master development plan.
  238         (32) “Objective” means a specific, measurable, intermediate
  239  end that is achievable and marks progress toward a goal.
  240         (33)(16) “Parcel of land” means any quantity of land
  241  capable of being described with such definiteness that its
  242  locations and boundaries may be established, which is designated
  243  by its owner or developer as land to be used, or developed as, a
  244  unit or which has been used or developed as a unit.
  245         (34)(17) “Person” means an individual, corporation,
  246  governmental agency, business trust, estate, trust, partnership,
  247  association, two or more persons having a joint or common
  248  interest, or any other legal entity.
  249         (35) “Policy” means the way in which programs and
  250  activities are conducted to achieve an identified goal.
  251         (36)(28) “Projects that promote public transportation”
  252  means projects that directly affect the provisions of public
  253  transit, including transit terminals, transit lines and routes,
  254  separate lanes for the exclusive use of public transit services,
  255  transit stops (shelters and stations), office buildings or
  256  projects that include fixed-rail or transit terminals as part of
  257  the building, and projects which are transit oriented and
  258  designed to complement reasonably proximate planned or existing
  259  public facilities.
  260         (37)(24) “Public facilities” means major capital
  261  improvements, including, but not limited to, transportation,
  262  sanitary sewer, solid waste, drainage, potable water,
  263  educational, parks and recreational, and health systems and
  264  facilities, and spoil disposal sites for maintenance dredging
  265  located in the intracoastal waterways, except for spoil disposal
  266  sites owned or used by ports listed in s. 403.021(9)(b).
  267         (38)(18) “Public notice” means notice as required by s.
  268  125.66(2) for a county or by s. 166.041(3)(a) for a
  269  municipality. The public notice procedures required in this part
  270  are established as minimum public notice procedures.
  271         (39)(19) “Regional planning agency” means the council
  272  created pursuant to chapter 186 agency designated by the state
  273  land planning agency to exercise responsibilities under law in a
  274  particular region of the state.
  275         (40) “Seasonal population” means part-time inhabitants who
  276  use, or may be expected to use, public facilities or services,
  277  but are not residents and includes tourists, migrant
  278  farmworkers, and other short-term and long-term visitors.
  279         (41)(31) “Optional Sector plan” means the an optional
  280  process authorized by s. 163.3245 in which one or more local
  281  governments engage in long-term planning for a large area and by
  282  agreement with the state land planning agency are allowed to
  283  address regional development-of-regional-impact issues through
  284  adoption of detailed specific area plans within the planning
  285  area within certain designated geographic areas identified in
  286  the local comprehensive plan as a means of fostering innovative
  287  planning and development strategies in s. 163.3177(11)(a) and
  288  (b), furthering the purposes of this part and part I of chapter
  289  380, reducing overlapping data and analysis requirements,
  290  protecting regionally significant resources and facilities, and
  291  addressing extrajurisdictional impacts. The term includes an
  292  optional sector plan that was adopted before the effective date
  293  of this act.
  294         (42)(20) “State land planning agency” means the Department
  295  of Community Affairs.
  296         (43)(21) “Structure” has the same meaning as in given it by
  297  s. 380.031(19).
  298         (44) “Suitability” means the degree to which the existing
  299  characteristics and limitations of land and water are compatible
  300  with a proposed use or development.
  301         (45) “Transit-oriented development” means a project or
  302  projects, in areas identified in a local government
  303  comprehensive plan, that is or will be served by existing or
  304  planned transit service. These designated areas shall be
  305  compact, moderate to high density developments, of mixed-use
  306  character, interconnected with other land uses, bicycle and
  307  pedestrian friendly, and designed to support frequent transit
  308  service operating through, collectively or separately, rail,
  309  fixed guideway, streetcar, or bus systems on dedicated
  310  facilities or available roadway connections.
  311         (46)(30) “Transportation corridor management” means the
  312  coordination of the planning of designated future transportation
  313  corridors with land use planning within and adjacent to the
  314  corridor to promote orderly growth, to meet the concurrency
  315  requirements of this chapter, and to maintain the integrity of
  316  the corridor for transportation purposes.
  317         (47)(27) “Urban infill” means the development of vacant
  318  parcels in otherwise built-up areas where public facilities such
  319  as sewer systems, roads, schools, and recreation areas are
  320  already in place and the average residential density is at least
  321  five dwelling units per acre, the average nonresidential
  322  intensity is at least a floor area ratio of 1.0 and vacant,
  323  developable land does not constitute more than 10 percent of the
  324  area.
  325         (48)(26) “Urban redevelopment” means demolition and
  326  reconstruction or substantial renovation of existing buildings
  327  or infrastructure within urban infill areas, existing urban
  328  service areas, or community redevelopment areas created pursuant
  329  to part III.
  330         (49)(29) “Urban service area” means built-up areas
  331  identified in the comprehensive plan where public facilities and
  332  services, including, but not limited to, central water and sewer
  333  capacity and roads, are already in place or are identified in
  334  the capital improvements element. The term includes any areas
  335  identified in the comprehensive plan as urban service areas,
  336  regardless of local government limitation committed in the first
  337  3 years of the capital improvement schedule. In addition, for
  338  counties that qualify as dense urban land areas under subsection
  339  (34), the nonrural area of a county which has adopted into the
  340  county charter a rural area designation or areas identified in
  341  the comprehensive plan as urban service areas or urban growth
  342  boundaries on or before July 1, 2009, are also urban service
  343  areas under this definition.
  344         (50) “Urban sprawl” means a development pattern
  345  characterized by low density, automobile-dependent development
  346  with either a single use or multiple uses that are not
  347  functionally related, requiring the extension of public
  348  facilities and services in an inefficient manner, and failing to
  349  provide a clear separation between urban and rural uses.
  350         (32) “Financial feasibility” means that sufficient revenues
  351  are currently available or will be available from committed
  352  funding sources for the first 3 years, or will be available from
  353  committed or planned funding sources for years 4 and 5, of a 5
  354  year capital improvement schedule for financing capital
  355  improvements, such as ad valorem taxes, bonds, state and federal
  356  funds, tax revenues, impact fees, and developer contributions,
  357  which are adequate to fund the projected costs of the capital
  358  improvements identified in the comprehensive plan necessary to
  359  ensure that adopted level-of-service standards are achieved and
  360  maintained within the period covered by the 5-year schedule of
  361  capital improvements. A comprehensive plan shall be deemed
  362  financially feasible for transportation and school facilities
  363  throughout the planning period addressed by the capital
  364  improvements schedule if it can be demonstrated that the level
  365  of-service standards will be achieved and maintained by the end
  366  of the planning period even if in a particular year such
  367  improvements are not concurrent as required by s. 163.3180.
  368         (34) “Dense urban land area” means:
  369         (a) A municipality that has an average of at least 1,000
  370  people per square mile of land area and a minimum total
  371  population of at least 5,000;
  372         (b) A county, including the municipalities located therein,
  373  which has an average of at least 1,000 people per square mile of
  374  land area; or
  375         (c) A county, including the municipalities located therein,
  376  which has a population of at least 1 million.
  377  
  378         The Office of Economic and Demographic Research within the
  379  Legislature shall annually calculate the population and density
  380  criteria needed to determine which jurisdictions qualify as
  381  dense urban land areas by using the most recent land area data
  382  from the decennial census conducted by the Bureau of the Census
  383  of the United States Department of Commerce and the latest
  384  available population estimates determined pursuant to s.
  385  186.901. If any local government has had an annexation,
  386  contraction, or new incorporation, the Office of Economic and
  387  Demographic Research shall determine the population density
  388  using the new jurisdictional boundaries as recorded in
  389  accordance with s. 171.091. The Office of Economic and
  390  Demographic Research shall submit to the state land planning
  391  agency a list of jurisdictions that meet the total population
  392  and density criteria necessary for designation as a dense urban
  393  land area by July 1, 2009, and every year thereafter. The state
  394  land planning agency shall publish the list of jurisdictions on
  395  its Internet website within 7 days after the list is received.
  396  The designation of jurisdictions that qualify or do not qualify
  397  as a dense urban land area is effective upon publication on the
  398  state land planning agency’s Internet website.
  399         Section 7. Section 163.3167, Florida Statutes, is amended
  400  to read:
  401         163.3167 Scope of act.—
  402         (1) The several incorporated municipalities and counties
  403  shall have power and responsibility:
  404         (a) To plan for their future development and growth.
  405         (b) To adopt and amend comprehensive plans, or elements or
  406  portions thereof, to guide their future development and growth.
  407         (c) To implement adopted or amended comprehensive plans by
  408  the adoption of appropriate land development regulations or
  409  elements thereof.
  410         (d) To establish, support, and maintain administrative
  411  instruments and procedures to carry out the provisions and
  412  purposes of this act.
  413  
  414         The powers and authority set out in this act may be
  415  employed by municipalities and counties individually or jointly
  416  by mutual agreement in accord with the provisions of this act
  417  and in such combinations as their common interests may dictate
  418  and require.
  419         (2) Each local government shall maintain prepare a
  420  comprehensive plan of the type and in the manner set out in this
  421  part or prepare amendments to its existing comprehensive plan to
  422  conform it to the requirements of this part and in the manner
  423  set out in this part. In accordance with s. 163.3184, each local
  424  government shall submit to the state land planning agency its
  425  complete proposed comprehensive plan or its complete
  426  comprehensive plan as proposed to be amended.
  427         (3) When a local government has not prepared all of the
  428  required elements or has not amended its plan as required by
  429  subsection (2), the regional planning agency having
  430  responsibility for the area in which the local government lies
  431  shall prepare and adopt by rule, pursuant to chapter 120, the
  432  missing elements or adopt by rule amendments to the existing
  433  plan in accordance with this act by July 1, 1989, or within 1
  434  year after the dates specified or provided in subsection (2) and
  435  the state land planning agency review schedule, whichever is
  436  later. The regional planning agency shall provide at least 90
  437  days’ written notice to any local government whose plan it is
  438  required by this subsection to prepare, prior to initiating the
  439  planning process. At least 90 days before the adoption by the
  440  regional planning agency of a comprehensive plan, or element or
  441  portion thereof, pursuant to this subsection, the regional
  442  planning agency shall transmit a copy of the proposed
  443  comprehensive plan, or element or portion thereof, to the local
  444  government and the state land planning agency for written
  445  comment. The state land planning agency shall review and comment
  446  on such plan, or element or portion thereof, in accordance with
  447  s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
  448  applicable to the regional planning agency as if it were a
  449  governing body. Existing comprehensive plans shall remain in
  450  effect until they are amended pursuant to subsection (2), this
  451  subsection, s. 163.3187, or s. 163.3189.
  452         (3)(4) A municipality established after the effective date
  453  of this act shall, within 1 year after incorporation, establish
  454  a local planning agency, pursuant to s. 163.3174, and prepare
  455  and adopt a comprehensive plan of the type and in the manner set
  456  out in this act within 3 years after the date of such
  457  incorporation. A county comprehensive plan shall be deemed
  458  controlling until the municipality adopts a comprehensive plan
  459  in accord with the provisions of this act. If, upon the
  460  expiration of the 3-year time limit, the municipality has not
  461  adopted a comprehensive plan, the regional planning agency shall
  462  prepare and adopt a comprehensive plan for such municipality.
  463         (4)(5) Any comprehensive plan, or element or portion
  464  thereof, adopted pursuant to the provisions of this act, which
  465  but for its adoption after the deadlines established pursuant to
  466  previous versions of this act would have been valid, shall be
  467  valid.
  468         (6) When a regional planning agency is required to prepare
  469  or amend a comprehensive plan, or element or portion thereof,
  470  pursuant to subsections (3) and (4), the regional planning
  471  agency and the local government may agree to a method of
  472  compensating the regional planning agency for any verifiable,
  473  direct costs incurred. If an agreement is not reached within 6
  474  months after the date the regional planning agency assumes
  475  planning responsibilities for the local government pursuant to
  476  subsections (3) and (4) or by the time the plan or element, or
  477  portion thereof, is completed, whichever is earlier, the
  478  regional planning agency shall file invoices for verifiable,
  479  direct costs involved with the governing body. Upon the failure
  480  of the local government to pay such invoices within 90 days, the
  481  regional planning agency may, upon filing proper vouchers with
  482  the Chief Financial Officer, request payment by the Chief
  483  Financial Officer from unencumbered revenue or other tax sharing
  484  funds due such local government from the state for work actually
  485  performed, and the Chief Financial Officer shall pay such
  486  vouchers; however, the amount of such payment shall not exceed
  487  50 percent of such funds due such local government in any one
  488  year.
  489         (7) A local government that is being requested to pay costs
  490  may seek an administrative hearing pursuant to ss. 120.569 and
  491  120.57 to challenge the amount of costs and to determine if the
  492  statutory prerequisites for payment have been complied with.
  493  Final agency action shall be taken by the state land planning
  494  agency. Payment shall be withheld as to disputed amounts until
  495  proceedings under this subsection have been completed.
  496         (5)(8) Nothing in this act shall limit or modify the rights
  497  of any person to complete any development that has been
  498  authorized as a development of regional impact pursuant to
  499  chapter 380 or who has been issued a final local development
  500  order and development has commenced and is continuing in good
  501  faith.
  502         (6)(9) The Reedy Creek Improvement District shall exercise
  503  the authority of this part as it applies to municipalities,
  504  consistent with the legislative act under which it was
  505  established, for the total area under its jurisdiction.
  506         (7)(10) Nothing in this part shall supersede any provision
  507  of ss. 341.8201-341.842.
  508         (11) Each local government is encouraged to articulate a
  509  vision of the future physical appearance and qualities of its
  510  community as a component of its local comprehensive plan. The
  511  vision should be developed through a collaborative planning
  512  process with meaningful public participation and shall be
  513  adopted by the governing body of the jurisdiction. Neighboring
  514  communities, especially those sharing natural resources or
  515  physical or economic infrastructure, are encouraged to create
  516  collective visions for greater-than-local areas. Such collective
  517  visions shall apply in each city or county only to the extent
  518  that each local government chooses to make them applicable. The
  519  state land planning agency shall serve as a clearinghouse for
  520  creating a community vision of the future and may utilize the
  521  Growth Management Trust Fund, created by s. 186.911, to provide
  522  grants to help pay the costs of local visioning programs. When a
  523  local vision of the future has been created, a local government
  524  should review its comprehensive plan, land development
  525  regulations, and capital improvement program to ensure that
  526  these instruments will help to move the community toward its
  527  vision in a manner consistent with this act and with the state
  528  comprehensive plan. A local or regional vision must be
  529  consistent with the state vision, when adopted, and be
  530  internally consistent with the local or regional plan of which
  531  it is a component. The state land planning agency shall not
  532  adopt minimum criteria for evaluating or judging the form or
  533  content of a local or regional vision.
  534         (8)(12) An initiative or referendum process in regard to
  535  any development order or in regard to any local comprehensive
  536  plan amendment or map amendment that affects five or fewer
  537  parcels of land is prohibited.
  538         (9)(13) Each local government shall address in its
  539  comprehensive plan, as enumerated in this chapter, the water
  540  supply sources necessary to meet and achieve the existing and
  541  projected water use demand for the established planning period,
  542  considering the applicable plan developed pursuant to s.
  543  373.709.
  544         (10)(14)(a) If a local government grants a development
  545  order pursuant to its adopted land development regulations and
  546  the order is not the subject of a pending appeal and the
  547  timeframe for filing an appeal has expired, the development
  548  order may not be invalidated by a subsequent judicial
  549  determination that such land development regulations, or any
  550  portion thereof that is relevant to the development order, are
  551  invalid because of a deficiency in the approval standards.
  552         (b) This subsection does not preclude or affect the timely
  553  institution of any other remedy available at law or equity,
  554  including a common law writ of certiorari proceeding pursuant to
  555  Rule 9.190, Florida Rules of Appellate Procedure, or an original
  556  proceeding pursuant to s. 163.3215, as applicable.
  557         (c) This subsection applies retroactively to any
  558  development order granted on or after January 1, 2002.
  559  
  560  
  561  ================= T I T L E  A M E N D M E N T ================
  562         And the title is amended as follows:
  563         Delete lines 17 - 18.