Florida Senate - 2011                                    SB 1512
       
       
       
       By Senator Bennett
       
       
       
       
       21-01052-11                                           20111512__
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3164, F.S; defining the terms “mobility plan” and
    4         “transit-oriented development”; amending s. 163.3177,
    5         F.S.; requiring that certain local governments update
    6         the future land use plan element by a specified date
    7         and address the compatibility of lands adjacent or
    8         proximate to a military installation or airport;
    9         providing that the amount of land required to
   10         accommodate anticipated growth in local comprehensive
   11         plans may not be limited solely by projected
   12         population; specifying a formula to be used in
   13         projecting population growth; requiring each county
   14         and municipality to enter into an interlocal agreement
   15         by a specified date which allocates the projected
   16         population among local jurisdictions; providing that
   17         local governments that fail to agree on the population
   18         allocation forfeit certain revenue-sharing funds;
   19         amending s. 163.3180, F.S.; specifying how to
   20         calculate the proportionate-share contribution for a
   21         transportation facility; defining the terms
   22         “construction cost” and “transportation deficiency”
   23         for purposes of determining the proportionate-share
   24         contribution; delaying the date by which local
   25         governments are required to adopt a methodology for
   26         assessing proportionate fair-share mitigation options;
   27         amending s. 163.3182, F.S.; revising provisions to
   28         substitute terminology relating to “transportation
   29         deficiencies” for “backlogs”; specifying schedule
   30         requirements for mass transit projects; amending s.
   31         380.06, F.S.; exempting certain transit-oriented
   32         developments from transportation impact review;
   33         amending ss. 163.3162, 163.32465, 186.513, 186.515,
   34         287.042, 288.975, 369.303, 420.5095, 420.9071, and
   35         420.9076, F.S.; conforming cross-references; providing
   36         an effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 163.3164, Florida Statutes, is reordered
   41  and amended to read:
   42         163.3164 Local Government Comprehensive Planning and Land
   43  Development Regulation Act; definitions.—As used in this part
   44  act:
   45         (1) “Administration Commission” means the Governor and the
   46  Cabinet, and for purposes of this chapter the commission shall
   47  act on a simple majority vote, except that for purposes of
   48  imposing the sanctions provided in s. 163.3184(11), affirmative
   49  action requires shall require the approval of the Governor and
   50  at least three other members of the commission.
   51         (3)(2) “Area” or “area of jurisdiction” means the total
   52  area qualifying under the provisions of this part act, whether
   53  this is be all of the lands lying within the limits of an
   54  incorporated municipality, lands in and adjacent to incorporated
   55  municipalities, all unincorporated lands within a county, or
   56  areas comprising combinations of the lands in incorporated
   57  municipalities and unincorporated areas of counties.
   58         (4)(3) “Coastal area” means the 35 coastal counties and all
   59  coastal municipalities within their boundaries designated as
   60  coastal by the state land planning agency.
   61         (5)(4) “Comprehensive plan” means a plan that meets the
   62  requirements of ss. 163.3177 and 163.3178.
   63         (7)(5) “Developer” means any person, including a
   64  governmental agency, undertaking any development as defined in
   65  this act.
   66         (8)(6) “Development” has the same meaning as given it in s.
   67  380.04.
   68         (9)(7) “Development order” means any order granting,
   69  denying, or granting with conditions an application for a
   70  development permit.
   71         (10)(8) “Development permit” includes any building permit,
   72  zoning permit, subdivision approval, rezoning, certification,
   73  special exception, variance, or any other official action of
   74  local government that has having the effect of permitting the
   75  development of land.
   76         (13)(9) “Governing body” means the board of county
   77  commissioners of a county, the commission or council of an
   78  incorporated municipality, or any other chief governing body of
   79  a unit of local government, however designated, or the
   80  combination of such bodies where joint utilization of the
   81  provisions of this part act is accomplished as provided herein.
   82         (14)(10) “Governmental agency” means:
   83         (a) The United States or any department, commission,
   84  agency, or other instrumentality thereof.
   85         (b) This state or any department, commission, agency, or
   86  other instrumentality thereof.
   87         (c) Any local government, as defined in this section, or
   88  any department, commission, agency, or other instrumentality
   89  thereof.
   90         (d) Any school board or other special district, authority,
   91  or governmental entity.
   92         (15)(11) “Land” means the earth, water, and air, above,
   93  below, or on the surface, and includes any improvements or
   94  structures customarily regarded as land.
   95         (18)(12) “Land use” means the development that has occurred
   96  on the land, the development that is proposed by a developer on
   97  the land, or the use that is permitted or permissible on the
   98  land under an adopted comprehensive plan or element or portion
   99  thereof, land development regulations, or a land development
  100  code, as the context may indicate.
  101         (19)(13) “Local government” means any county or
  102  municipality.
  103         (20)(14) “Local planning agency” means the agency
  104  designated to prepare the comprehensive plan or plan amendments
  105  required by this part act.
  106         (21) “Mobility plan” means an integrated land use and
  107  transportation plan that promotes compact, mixed-use, and
  108  interconnected development served by a multimodal transportation
  109  system that includes roads, bicycle, and pedestrian facilities
  110  and, where feasible and appropriate, frequent transit and rail
  111  service in order to provide individuals with viable
  112  transportation options and to not have to rely solely on a motor
  113  vehicle for personal mobility.
  114         (22)(15)A “Newspaper of general circulation” means a
  115  newspaper published at least on a weekly basis and printed in
  116  the language most commonly spoken in the area within which it
  117  circulates. The term, but does not include a newspaper intended
  118  primarily for members of a particular professional or
  119  occupational group, a newspaper whose primary function is to
  120  carry legal notices, or a newspaper that is given away primarily
  121  to distribute advertising.
  122         (24)(16) “Parcel of land” means any quantity of land
  123  capable of being described with such definiteness that its
  124  locations and boundaries may be established, which is designated
  125  by its owner or developer as land to be used, or developed as, a
  126  unit or which has been used or developed as a unit.
  127         (25)(17) “Person” means an individual, corporation,
  128  governmental agency, business trust, estate, trust, partnership,
  129  association, two or more persons having a joint or common
  130  interest, or any other legal entity.
  131         (28)(18) “Public notice” means notice as required by s.
  132  125.66(2) for a county or by s. 166.041(3)(a) for a
  133  municipality. The public notice procedures required under in
  134  this part are established as minimum public notice procedures.
  135         (29)(19) “Regional planning agency” means the agency
  136  designated by the state land planning agency to exercise
  137  responsibilities under law in a particular region of the state.
  138         (30)(20) “State land planning agency” means the Department
  139  of Community Affairs.
  140         (31)(21) “Structure” has the same meaning as in given it by
  141  s. 380.031(19).
  142         (16)(22) “Land development regulation commission” means a
  143  commission designated by a local government to develop and
  144  recommend, to the local governing body, land development
  145  regulations that which implement the adopted comprehensive plan,
  146  and to review land development regulations, or amendments
  147  thereto, for consistency with the adopted plan and report to the
  148  governing body regarding its findings. The responsibilities of
  149  such the land development regulation commission may be performed
  150  by the local planning agency.
  151         (17)(23) “Land development regulations” means ordinances
  152  enacted by governing bodies for the regulation of any aspect of
  153  development and includes any local government zoning, rezoning,
  154  subdivision, building construction, or sign regulations or any
  155  other regulations controlling the development of land, except
  156  that this definition does shall not apply in s. 163.3213.
  157         (27)(24) “Public facilities” means major capital
  158  improvements, including, but not limited to, transportation,
  159  sanitary sewer, solid waste, drainage, potable water,
  160  educational, parks and recreational, and health systems and
  161  facilities, and spoil disposal sites for maintenance dredging
  162  located in the intracoastal waterways, except for spoil disposal
  163  sites owned or used by ports listed in s. 403.021(9)(b).
  164         (11)(25) “Downtown revitalization” means the physical and
  165  economic renewal of a central business district of a community
  166  as designated by local government, and includes both downtown
  167  development and redevelopment.
  168         (35)(26) “Urban redevelopment” means demolition and
  169  reconstruction or substantial renovation of existing buildings
  170  or infrastructure within urban infill areas, existing urban
  171  service areas, or community redevelopment areas created pursuant
  172  to part III.
  173         (34)(27) “Urban infill” means the development of vacant
  174  parcels in otherwise built-up areas where public facilities such
  175  as sewer systems, roads, schools, and recreation areas are
  176  already in place and the average residential density is at least
  177  five dwelling units per acre, the average nonresidential
  178  intensity is at least a floor area ratio of 1.0 and vacant,
  179  developable land does not constitute more than 10 percent of the
  180  area.
  181         (26)(28) “Projects that promote public transportation”
  182  means projects that directly affect the provisions of public
  183  transit, including transit terminals, transit lines and routes,
  184  separate lanes for the exclusive use of public transit services,
  185  transit stops (shelters and stations), office buildings or
  186  projects that include fixed-rail or transit terminals as part of
  187  the building, and projects that which are transit oriented and
  188  designed to complement reasonably proximate planned or existing
  189  public facilities.
  190         (36)(29) “Urban service area” means built-up areas where
  191  public facilities and services, including, but not limited to,
  192  central water and sewer capacity and roads, are already in place
  193  or are committed in the first 3 years of the capital improvement
  194  schedule. In addition, For counties that qualify as dense urban
  195  land areas under subsection (6) (34), the nonrural area of a
  196  county which has adopted into the county charter a rural area
  197  designation or areas identified in the comprehensive plan as
  198  urban service areas or urban growth boundaries on or before July
  199  1, 2009, are also urban service areas under this definition.
  200         (32) “Transit-oriented development” means projects in areas
  201  identified in a local government comprehensive plan which are
  202  served by existing or planned transit service as delineated in
  203  the plan’s capital improvements element. These areas must be
  204  compact, have moderate to high density developments, be of
  205  mixed-use character, interconnected, bicycle and pedestrian
  206  friendly, and designed to support frequent transit service
  207  operating through, collectively or separately, rail, fixed
  208  guideway, streetcar, or bus systems on dedicated facilities or
  209  available roadway connections.
  210         (33)(30) “Transportation corridor management” means the
  211  coordination of the planning of designated future transportation
  212  corridors with land use planning within and adjacent to the
  213  corridor to promote orderly growth, to meet the concurrency
  214  requirements of this chapter, and to maintain the integrity of
  215  the corridor for transportation purposes.
  216         (23)(31) “Optional sector plan” means an optional process
  217  authorized by s. 163.3245 in which one or more local governments
  218  by agreement with the state land planning agency are allowed to
  219  address development-of-regional-impact issues within certain
  220  designated geographic areas identified in the local
  221  comprehensive plan as a means of fostering innovative planning
  222  and development strategies in s. 163.3177(11)(a) and (b),
  223  furthering the purposes of this part and part I of chapter 380,
  224  reducing overlapping data and analysis requirements, protecting
  225  regionally significant resources and facilities, and addressing
  226  extrajurisdictional impacts.
  227         (12)(32) “Financial feasibility” means that sufficient
  228  revenues are currently available or will be available from
  229  committed funding sources for the first 3 years, or will be
  230  available from committed or planned funding sources of a local
  231  government for years 4 through 10 of a 10-year and 5, of a 5
  232  year capital improvement schedule for financing capital
  233  improvements, such as ad valorem taxes, bonds, state and federal
  234  funds, tax revenues, impact fees, and developer contributions,
  235  which are adequate to fund the projected costs of the capital
  236  improvements identified in the comprehensive plan necessary to
  237  ensure that adopted level-of-service standards are achieved and
  238  maintained within the period covered by the 10-year 5-year
  239  schedule of capital improvements. A comprehensive plan is shall
  240  be deemed financially feasible for transportation and school
  241  facilities throughout the planning period addressed by the
  242  capital improvements schedule if it can be demonstrated that the
  243  level-of-service standards will be achieved and maintained by
  244  the end of the planning period even if in a particular year such
  245  improvements are not concurrent as required by s. 163.3180.
  246         (2)(33) “Agricultural enclave” means an unincorporated,
  247  undeveloped parcel that:
  248         (a) Is owned by a single person or entity;
  249         (b) Has been in continuous use for bona fide agricultural
  250  purposes, as defined by s. 193.461, for a period of 5 years
  251  before prior to the date of any comprehensive plan amendment
  252  application;
  253         (c) Is surrounded on at least 75 percent of its perimeter
  254  by:
  255         1. Property that has existing industrial, commercial, or
  256  residential development; or
  257         2. Property that the local government has designated, in
  258  the local government’s comprehensive plan, zoning map, and
  259  future land use map, as land that is to be developed for
  260  industrial, commercial, or residential purposes, and at least 75
  261  percent of such property is existing industrial, commercial, or
  262  residential development;
  263         (d) Has public services, including water, wastewater,
  264  transportation, schools, and recreation facilities, available or
  265  such public services are scheduled in the capital improvement
  266  element to be provided by the local government or can be
  267  provided by an alternative provider of local government
  268  infrastructure in order to ensure consistency with applicable
  269  concurrency provisions of s. 163.3180; and
  270         (e) Does not exceed 1,280 acres; however, if the property
  271  is surrounded by existing or authorized residential development
  272  that will result in a density at buildout of at least 1,000
  273  residents per square mile, then the area shall be determined to
  274  be urban and the parcel may not exceed 4,480 acres.
  275         (6)(34) “Dense urban land area” means:
  276         (a) A municipality that has an average of at least 1,000
  277  people per square mile of land area and a minimum total
  278  population of at least 5,000;
  279         (b) A county, including the municipalities located therein,
  280  which has an average of at least 1,000 people per square mile of
  281  land area; or
  282         (c) A county, including the municipalities located therein,
  283  which has a population of at least 1 million.
  284  
  285  The Office of Economic and Demographic Research within the
  286  Legislature shall annually calculate the population and density
  287  criteria needed to determine which jurisdictions qualify as
  288  dense urban land areas by using the most recent land area data
  289  from the decennial census conducted by the Bureau of the Census
  290  of the United States Department of Commerce and the latest
  291  available population estimates determined pursuant to s.
  292  186.901. If any local government has had an annexation,
  293  contraction, or new incorporation, the office of Economic and
  294  Demographic Research shall determine the population density
  295  using the new jurisdictional boundaries as recorded in
  296  accordance with s. 171.091. The office of Economic and
  297  Demographic Research shall annually submit to the state land
  298  planning agency a list of jurisdictions that meet the total
  299  population and density criteria necessary for designation as a
  300  dense urban land area by July 1, 2009, and every year
  301  thereafter. The state land planning agency shall publish the
  302  list of jurisdictions on its Internet website within 7 days
  303  after the list is received. The designation of jurisdictions
  304  that qualify or do not qualify as a dense urban land area is
  305  effective upon publication on the state land planning agency’s
  306  Internet website.
  307         Section 2. Paragraph (a) of subsection (3) and paragraph
  308  (a) of subsection (6) of section 163.3177, Florida Statutes, are
  309  amended to read:
  310         163.3177 Required and optional elements of comprehensive
  311  plan; studies and surveys.—
  312         (3)(a) The comprehensive plan must shall contain a capital
  313  improvements element designed to consider the need for and the
  314  location of public facilities in order to encourage the
  315  efficient use of such facilities and set forth:
  316         1. A component that outlines principles for construction,
  317  extension, or increase in capacity of public facilities, as well
  318  as a component that outlines principles for correcting existing
  319  public facility deficiencies, which are necessary to implement
  320  the comprehensive plan. The components must shall cover at least
  321  a 5-year period.
  322         2. Estimated public facility costs, including a delineation
  323  of when facilities will be needed, the general location of the
  324  facilities, and projected revenue sources to fund the
  325  facilities.
  326         3. Standards to ensure the availability of public
  327  facilities and the adequacy of those facilities including
  328  acceptable levels of service.
  329         4. Standards for the management of debt.
  330         5. A schedule of capital improvements which includes
  331  publicly funded federal, state, or local government projects,
  332  and which may include privately funded projects for which the
  333  local government has no fiscal responsibility, necessary to
  334  ensure that adopted level-of-service standards are achieved and
  335  maintained. For capital improvements that will be funded by the
  336  developer, financial feasibility is shall be demonstrated by
  337  being guaranteed in an enforceable development agreement or
  338  interlocal agreement pursuant to paragraph (10)(h), or other
  339  enforceable agreement. These development agreements and
  340  interlocal agreements must shall be reflected in the schedule of
  341  capital improvements if the capital improvement is necessary to
  342  serve development within the 5-year schedule. If the local
  343  government uses planned revenue sources that require referenda
  344  or other actions to secure the revenue source, the plan must, in
  345  the event the referenda are not passed or actions do not secure
  346  the planned revenue source, must identify other existing revenue
  347  sources that will be used to fund the capital projects or
  348  otherwise amend the plan to ensure financial feasibility.
  349         6. The schedule must include transportation improvements
  350  included in the applicable metropolitan planning organization’s
  351  transportation improvement program adopted pursuant to s.
  352  339.175(8), to the extent that such improvements are relied upon
  353  to ensure concurrency and financial feasibility, and a mobility
  354  plan. The schedule must also be coordinated with the applicable
  355  metropolitan planning organization’s long-range transportation
  356  plan adopted pursuant to s. 339.175(7).
  357         (6) In addition to the requirements of subsections (1)-(5)
  358  and (12), the comprehensive plan shall include the following
  359  elements:
  360         (a) A future land use plan element designating proposed
  361  future general distribution, location, and extent of the uses of
  362  land for residential uses, commercial uses, industry,
  363  agriculture, recreation, conservation, education, public
  364  buildings and grounds, other public facilities, and other
  365  categories of the public and private uses of land. Counties are
  366  encouraged to designate rural land stewardship areas, pursuant
  367  to paragraph (11)(d), as overlays on the future land use map.
  368  Each future land use category must be defined in terms of uses
  369  included, and must include standards to be followed in the
  370  control and distribution of population densities and building
  371  and structure intensities. The proposed distribution, location,
  372  and extent of the various categories of land use shall be shown
  373  on a land use map or map series which shall be supplemented by
  374  goals, policies, and measurable objectives. The future land use
  375  plan must shall be based upon surveys, studies, and data
  376  regarding the area, including the amount of land required to
  377  accommodate anticipated growth; the projected resident and
  378  seasonal population of the area; the character of undeveloped
  379  land; the availability of water supplies, public facilities, and
  380  services; the need for redevelopment, including the renewal of
  381  blighted areas and the elimination of nonconforming uses which
  382  are inconsistent with the character of the community; the
  383  compatibility of uses on lands adjacent to or closely proximate
  384  to military installations; lands adjacent to an airport as
  385  defined in s. 330.35 and consistent with s. 333.02; the
  386  discouragement of urban sprawl; energy-efficient land use
  387  patterns accounting for existing and future electric power
  388  generation and transmission systems; greenhouse gas reduction
  389  strategies; and, in rural communities, the need for job
  390  creation, capital investment, and economic development that will
  391  strengthen and diversify the community’s economy. The future
  392  land use plan may designate areas for future planned development
  393  use involving combinations of types of uses for which special
  394  regulations may be necessary to ensure development in accord
  395  with the principles and standards of the comprehensive plan and
  396  this part act. The future land use plan element shall include
  397  criteria to be used to achieve the compatibility of lands
  398  adjacent or closely proximate to military installations,
  399  considering factors identified in s. 163.3175(5), and lands
  400  adjacent to an airport as defined in s. 330.35 and consistent
  401  with s. 333.02. Each local government that is required to update
  402  or amend its comprehensive plan to include criteria and address
  403  the compatibility of lands adjacent or closely proximate to an
  404  existing military installation, or lands adjacent to an airport
  405  as defined in s. 330.35 and consistent with s. 333.02, in its
  406  future land use plan element, shall transmit the update or
  407  amendment to the state land planning agency by June 30, 2012. In
  408  addition, For rural communities, the amount of land designated
  409  for future planned industrial use shall be based upon surveys
  410  and studies that reflect the need for job creation, capital
  411  investment, and the necessity to strengthen and diversify the
  412  local economies, and may not be limited solely by the projected
  413  population of the rural community. The future land use plan of a
  414  county may also designate areas for possible future municipal
  415  incorporation. The land use maps or map series shall generally
  416  identify and depict historic district boundaries and shall
  417  designate historically significant properties meriting
  418  protection. For coastal counties, the future land use element
  419  must include, without limitation, regulatory incentives and
  420  criteria that encourage the preservation of recreational and
  421  commercial working waterfronts as defined in s. 342.07.
  422         1. The future land use element must clearly identify the
  423  land use categories in which public schools are an allowable
  424  use. The When delineating the land use categories in which
  425  public schools are an allowable use, a local government shall
  426  include in the categories sufficient land proximate to
  427  residential development to meet the projected needs for schools
  428  in coordination with public school boards and may establish
  429  differing criteria for schools of different type or size. Each
  430  local government shall include lands contiguous to existing
  431  school sites, to the maximum extent possible, within the land
  432  use categories in which public schools are an allowable use. The
  433  failure by a local government to comply with these school siting
  434  requirements will result in the prohibition of the local
  435  government’s ability to amend the local comprehensive plan,
  436  except for plan amendments described in s. 163.3187(1)(b), until
  437  the school siting requirements are met. Amendments proposed by a
  438  local government for purposes of identifying the land use
  439  categories in which public schools are an allowable use are
  440  exempt from the limitation on the frequency of plan amendments
  441  contained in s. 163.3187. The future land use element shall
  442  include criteria that encourage the location of schools
  443  proximate to urban residential areas to the extent possible and
  444  shall require that the local government seek to collocate public
  445  facilities, such as parks, libraries, and community centers,
  446  with schools to the extent possible and to encourage the use of
  447  elementary schools as focal points for neighborhoods. For
  448  schools serving predominantly rural counties, defined as a
  449  county with a population of 100,000 or fewer, an agricultural
  450  land use category is eligible for the location of public school
  451  facilities if the local comprehensive plan contains school
  452  siting criteria and the location is consistent with such
  453  criteria. Local governments required to update or amend their
  454  comprehensive plan to include criteria and address compatibility
  455  of lands adjacent or closely proximate to existing military
  456  installations, or lands adjacent to an airport as defined in s.
  457  330.35 and consistent with s. 333.02, in their future land use
  458  plan element shall transmit the update or amendment to the state
  459  land planning agency by June 30, 2012.
  460         2. The amount of land required to accommodate anticipated
  461  growth may not be limited solely by the projected population. At
  462  a minimum, the future land use plan must provide at least the
  463  amount of land needed for each land use category in order to
  464  accommodate anticipated growth using medium population
  465  projections for a 25-year planning period from the Bureau of
  466  Economic and Business Research (BEBR) of the University of
  467  Florida and incorporating a minimum 25 percent market factor
  468  based upon the total population of the jurisdiction. A 25
  469  percent market factor is determined by multiplying the amount of
  470  land necessary to accommodate the total population at the end of
  471  the planning period by 125 percent. Population projections must
  472  be reconciled at the county level. Within each county, the
  473  county and each municipality shall, by December 1, 2011, enter
  474  into a binding interlocal agreement regarding the allocation of
  475  projected county population among the various local government
  476  jurisdictions. The sum of the population projections of the
  477  unincorporated county and each municipality may not be less than
  478  the BEBR medium population for the county as a whole. The
  479  interlocal agreement required by s. 163.31777(2) may serve as
  480  the required agreement if it is binding on and enforceable by
  481  each of the local governments. If a binding population
  482  allocation agreement is not reached among all of the local
  483  governments within a county by December 1, 2011, those local
  484  governments are not eligible for revenue sharing funds pursuant
  485  to ss. 206.60, 210.20, and 218.61 and chapter 212, to the extent
  486  that the funds are not pledged to pay bonds.
  487         Section 3. Paragraphs (a) and (b) of subsection (9),
  488  subsection (12), and paragraphs (a), (b), (c), and (i) of
  489  subsection (16) of section 163.3180, Florida Statutes, are
  490  amended to read:
  491         163.3180 Concurrency.—
  492         (9)(a) Each local government shall may adopt as a part of
  493  its plan, long-term transportation and school concurrency
  494  management systems that have with a planning period of up to 10
  495  years for specially designated districts or areas where
  496  transportation deficiencies are projected to occur within 10
  497  years significant backlogs exist. The plan must may include
  498  interim level-of-service standards on certain facilities and
  499  shall rely on the local government’s schedule of capital
  500  improvements for up to 10 years as a basis for issuing
  501  development orders that authorize commencement of construction
  502  in these designated districts or areas. Pursuant to subsection
  503  (12), the concurrency management system must be designed to
  504  correct existing or projected deficiencies and set priorities
  505  for addressing deficient backlogged facilities. The concurrency
  506  management system must be financially feasible and consistent
  507  with other portions of the adopted local plan, including the
  508  future land use map.
  509         (b) If a local government has a transportation deficiency
  510  or school facility deficiency backlog for existing development
  511  which cannot be adequately addressed in a 10-year plan, the
  512  state land planning agency may allow it to develop a plan and
  513  long-term schedule of capital improvements covering up to 15
  514  years for good and sufficient cause, based on a general
  515  comparison between that local government and all other similarly
  516  situated local jurisdictions, using the following factors:
  517         1. The extent of the deficiency backlog.
  518         2. For roads, whether the deficiency backlog is on local or
  519  state roads.
  520         3. The cost of eliminating the deficiency backlog.
  521         4. The local government’s tax and other revenue-raising
  522  efforts.
  523         (12)(a) A development of regional impact may satisfy the
  524  transportation concurrency requirements of the local
  525  comprehensive plan, the local government’s concurrency
  526  management system, and s. 380.06 by payment of a proportionate
  527  share contribution for local and regionally significant traffic
  528  impacts, if:
  529         1. The development of regional impact which, based on its
  530  location or mix of land uses, is designed to encourage
  531  pedestrian or other nonautomotive modes of transportation;
  532         2. The proportionate-share contribution for local and
  533  regionally significant traffic impacts is sufficient to pay for
  534  one or more required mobility improvements that will benefit a
  535  regionally significant transportation facility;
  536         3. The owner and developer of the development of regional
  537  impact pays or assures payment of the proportionate-share
  538  contribution; and
  539         4. If The regionally significant transportation facility to
  540  be constructed or improved is under the maintenance authority of
  541  a governmental entity, as defined by s. 334.03(12), other than
  542  the local government with jurisdiction over the development of
  543  regional impact, in which case the developer must is required to
  544  enter into a binding and legally enforceable commitment to
  545  transfer funds to the governmental entity having maintenance
  546  authority or to otherwise assure construction or improvement of
  547  the facility.
  548         (b) The proportionate-share contribution may be applied to
  549  any transportation facility to satisfy the provisions of
  550  paragraph (a) this subsection and the local comprehensive plan.,
  551  but, for the purposes of this subsection, The amount of the
  552  proportionate-share contribution shall be calculated based upon
  553  the cumulative number of trips from the proposed development
  554  expected to reach roadways during the peak hour from the
  555  complete buildout of a stage or phase being approved, divided by
  556  the change in the peak hour maximum service volume of roadways
  557  resulting from construction of an improvement necessary to
  558  maintain the adopted level of service, multiplied by the
  559  construction cost, at the time of developer payment, of the
  560  improvement necessary to maintain the adopted level of service.
  561  In using this formula, the calculation shall be applied twice.
  562  In the first calculation, all existing trips, plus projected
  563  background trips from any source other than the development
  564  project under review, shall be quantified. If any road is
  565  determined to be transportation deficient, it is removed from
  566  the development-of-regional-impact list of significantly and
  567  adversely affected road segments and from the proportionate
  568  share calculation. Improvement of the identified deficiency is
  569  the funding responsibility of the state or local government. The
  570  calculation is applied again, adding the traffic from the
  571  project under review and the improvements needed to remove the
  572  deficient condition. Roads that are determined by the second
  573  calculation to be significantly and adversely affected by the
  574  project are then used to establish the project’s proportionate
  575  share of the cost of needed improvements. For purposes of this
  576  subsection, “construction cost” includes all associated costs of
  577  the improvement. Proportionate-share mitigation shall be limited
  578  to ensure that a development of regional impact meeting the
  579  requirements of this subsection mitigates its impact on the
  580  transportation system but is not responsible for the additional
  581  cost of reducing or eliminating deficiencies backlogs. This
  582  subsection also applies to Florida Quality Developments pursuant
  583  to s. 380.061 and to detailed specific area plans implementing
  584  optional sector plans pursuant to s. 163.3245.
  585         (c)(b) As used in this subsection, the term:
  586         1. “Construction cost” includes all associated costs of the
  587  improvement.
  588         2. “Transportation deficiency “backlog” means a facility
  589  or facilities on which the adopted level-of-service standard is
  590  exceeded by the existing trips, plus additional projected
  591  background trips from any source other than the development
  592  project under review which that are forecast by established
  593  traffic standards, including traffic modeling, consistent with
  594  the University of Florida Bureau of Economic and Business
  595  Research medium population projections. Additional projected
  596  background trips are to be coincident with the particular stage
  597  or phase of development under review.
  598         (16) It is the intent of the Legislature to provide a
  599  method by which the impacts of development on transportation
  600  facilities can be mitigated by the cooperative efforts of the
  601  public and private sectors. The methodology used to calculate
  602  proportionate fair-share mitigation under this section shall be
  603  as provided for in subsection (12).
  604         (a) By December 1, 2006, each local government shall adopt
  605  by ordinance a methodology for assessing proportionate fair
  606  share mitigation options. By December 1, 2005, The Department of
  607  Transportation shall develop a model transportation concurrency
  608  management ordinance with methodologies for assessing
  609  proportionate fair-share mitigation options. By December 1,
  610  2011, each local government shall adopt by ordinance a
  611  methodology for assessing proportionate fair-share mitigation
  612  options.
  613         (b)1. In its transportation concurrency management system,
  614  a local government shall, by December 1, 2006, include
  615  methodologies to that will be applied to calculate proportionate
  616  fair-share mitigation.
  617         1. A developer may choose to satisfy all transportation
  618  concurrency requirements by contributing or paying proportionate
  619  fair-share mitigation if transportation facilities or facility
  620  segments identified as mitigation for traffic impacts are
  621  specifically identified for funding in the 5-year schedule of
  622  capital improvements in the capital improvements element of the
  623  local plan or the long-term concurrency management system or if
  624  such contributions or payments to such facilities or segments
  625  are reflected in the 5-year schedule of capital improvements in
  626  the next regularly scheduled update of the capital improvements
  627  element. Updates to the 5-year capital improvements element
  628  which reflect proportionate fair-share contributions may not be
  629  found not in compliance based on ss. 163.3164(12) 163.3164(32)
  630  and 163.3177(3) if additional contributions, payments or funding
  631  sources are reasonably anticipated during a period not to exceed
  632  10 years to fully mitigate impacts on the transportation
  633  facilities.
  634         2. Proportionate fair-share mitigation shall be applied as
  635  a credit against impact fees to the extent that all or a portion
  636  of the proportionate fair-share mitigation is used to address
  637  the same capital infrastructure improvements contemplated by the
  638  local government’s impact fee ordinance.
  639         (c) Proportionate fair-share mitigation includes, without
  640  limitation, separately or collectively, private funds,
  641  contributions of land, and construction and contribution of
  642  facilities and may include public funds as determined by the
  643  local government. Proportionate fair-share mitigation may be
  644  directed toward one or more specific transportation improvements
  645  reasonably related to the mobility demands created by the
  646  development and such improvements may address one or more modes
  647  of travel. The fair market value of the proportionate fair-share
  648  mitigation shall not differ based on the form of mitigation. A
  649  local government may not require a development to pay more than
  650  its proportionate fair-share contribution regardless of the
  651  method of mitigation. Proportionate fair-share mitigation shall
  652  be limited to ensure that a development meeting the requirements
  653  of this section mitigates its impact on the transportation
  654  system but is not responsible for the additional cost of
  655  reducing or eliminating transportation deficiencies as defined
  656  in subsection (12) backlogs.
  657         (i) As used in this subsection, the term “backlog” means a
  658  facility or facilities on which the adopted level-of-service
  659  standard is exceeded by the existing trips, plus additional
  660  projected background trips from any source other than the
  661  development project under review that are forecast by
  662  established traffic standards, including traffic modeling,
  663  consistent with the University of Florida Bureau of Economic and
  664  Business Research medium population projections. Additional
  665  projected background trips are to be coincident with the
  666  particular stage or phase of development under review.
  667         Section 4. Section 163.3182, Florida Statutes, is reordered
  668  and amended to read:
  669         163.3182 Transportation deficiencies concurrency backlogs.—
  670         (1) DEFINITIONS.—For purposes of this section, the term:
  671         (f)(a) “Transportation deficiency concurrency backlog area”
  672  means the geographic area within the unincorporated portion of a
  673  county, or within the municipal boundary of a municipality
  674  designated in a local government comprehensive plan, for which a
  675  transportation deficiency concurrency backlog authority is
  676  created pursuant to this section. A transportation deficiency
  677  concurrency backlog area created within the corporate boundary
  678  of a municipality shall be made pursuant to an interlocal
  679  agreement between a county, a municipality or municipalities,
  680  and any affected taxing authority or authorities.
  681         (g)(b)“Authority” or “Transportation deficiency
  682  concurrency backlog authority” or “authority” means the
  683  governing body of a county or municipality within which an
  684  authority is created.
  685         (b)(c) “Governing body” means the council, commission, or
  686  other legislative body charged with governing the county or
  687  municipality within which a transportation deficiency
  688  concurrency backlog authority is created pursuant to this
  689  section.
  690         (e)(d) “Transportation deficiency concurrency backlog”
  691  means an identified deficiency where the existing extent of
  692  traffic or projected traffic volume exceeds the level of service
  693  standard adopted in a local government comprehensive plan for a
  694  transportation facility.
  695         (h)(e) “Transportation deficiency concurrency backlog plan”
  696  means the plan adopted as part of a local government
  697  comprehensive plan by the governing body of a county or
  698  municipality acting as a transportation deficiency concurrency
  699  backlog authority.
  700         (i)(f) “Transportation deficiency concurrency backlog
  701  project” means any designated transportation project identified
  702  for construction within the jurisdiction of a transportation
  703  deficiency concurrency backlog authority.
  704         (a)(g) “Debt service millage” means any millage levied
  705  pursuant to s. 12, Art. VII of the State Constitution.
  706         (c)(h) “Increment revenue” means the amount calculated
  707  pursuant to subsection (5).
  708         (d)(i) “Taxing authority” means a public body that levies
  709  or is authorized to levy an ad valorem tax on real property
  710  located within a transportation deficiency concurrency backlog
  711  area, except a school district.
  712         (2) CREATION OF A TRANSPORTATION DEFICIENCY AUTHORITY
  713  CONCURRENCY BACKLOG AUTHORITIES.—
  714         (a) A county or municipality may create a transportation
  715  deficiency concurrency backlog authority if it has an identified
  716  transportation deficiency concurrency backlog.
  717         (b) Acting as the transportation deficiency concurrency
  718  backlog authority within the authority’s jurisdictional
  719  boundary, the governing body of a county or municipality shall
  720  adopt and implement a plan to eliminate all identified
  721  transportation deficiencies concurrency backlogs within the
  722  authority’s jurisdiction using funds provided pursuant to
  723  subsection (5) and as otherwise provided pursuant to this
  724  section.
  725         (c) The Legislature finds and declares that there exist in
  726  many counties and municipalities areas that have significant
  727  transportation deficiencies and inadequate transportation
  728  facilities. These deficiencies; that many insufficiencies and
  729  inadequacies severely limit or prohibit the satisfaction of
  730  adopted transportation level-of-service concurrency standards;
  731  that the transportation insufficiencies and inadequacies affect
  732  the health, safety, and welfare of the residents of these
  733  counties and municipalities; and that the transportation
  734  insufficiencies and inadequacies adversely affect economic
  735  development and growth of the tax base for the areas in which
  736  they occur. these insufficiencies and inadequacies exist; and
  737  that The elimination of transportation deficiencies and
  738  inadequacies and the satisfaction of transportation concurrency
  739  standards are paramount public purposes for the state and its
  740  counties and municipalities.
  741         (3) POWERS OF A TRANSPORTATION DEFICIENCY CONCURRENCY
  742  BACKLOG AUTHORITY.—Each transportation deficiency concurrency
  743  backlog authority has the powers necessary or convenient to
  744  carry out the purposes of this section, including the power
  745  following powers in addition to others granted in this section:
  746         (a) To make and execute contracts and other instruments
  747  necessary or convenient to the exercise of its powers under this
  748  section.
  749         (b) To undertake and carry out transportation deficiency
  750  concurrency backlog projects for transportation facilities that
  751  have transportation deficiencies a concurrency backlog within
  752  the authority’s jurisdiction. Concurrency backlog Projects may
  753  include transportation facilities that provide for alternative
  754  modes of travel including sidewalks, bikeways, and mass transit
  755  which are related to a deficient backlogged transportation
  756  facility.
  757         (c) To invest any transportation deficiency concurrency
  758  backlog funds held in reserve, sinking funds, or other any such
  759  funds not required for immediate disbursement in property or
  760  securities in which savings banks may legally invest funds
  761  subject to the control of the authority, and to redeem such
  762  bonds as have been issued pursuant to this section at the
  763  redemption price established therein, or to purchase such bonds
  764  at less than redemption price. All such bonds redeemed or
  765  purchased shall be canceled.
  766         (d) To borrow money, including, but not limited to, issuing
  767  debt obligations such as, but not limited to, bonds, notes,
  768  certificates, and similar debt instruments; to apply for and
  769  accept advances, loans, grants, contributions, and any other
  770  forms of financial assistance from the Federal Government or the
  771  state, county, or any other public body or from any sources,
  772  public or private, for the purposes of this part; to give such
  773  security as may be required; to enter into and carry out
  774  contracts or agreements; and to include in any contracts for
  775  financial assistance with the Federal Government for or with
  776  respect to a transportation deficiency concurrency backlog
  777  project and related activities such conditions imposed under
  778  federal laws as the transportation deficiency concurrency
  779  backlog authority considers reasonable and appropriate and which
  780  are not inconsistent with the purposes of this section.
  781         (e) To make or have made all surveys and transportation
  782  deficiency plans necessary to carry the carrying out of the
  783  purposes of this section; to contract with any persons, public
  784  or private, in making and implementing carrying out such plans;
  785  and to adopt, approve, modify, or amend such transportation
  786  concurrency backlog plans.
  787         (f) To appropriate such funds and make such expenditures as
  788  are necessary to carry out the purposes of this section, and to
  789  enter into agreements with other public bodies, which agreements
  790  may extend over any period notwithstanding any other provision
  791  or rule of law to the contrary.
  792         (4) TRANSPORTATION DEFICIENCY CONCURRENCY BACKLOG PLANS.—
  793         (a) Each transportation deficiency concurrency backlog
  794  authority shall adopt a transportation deficiency concurrency
  795  backlog plan as a part of the local government comprehensive
  796  plan within 6 months after the creation of the authority. The
  797  plan must:
  798         1. Identify all transportation facilities that have been
  799  designated as deficient and require the expenditure of moneys to
  800  upgrade, modify, or mitigate the deficiency.
  801         2. Include a priority listing of all transportation
  802  facilities that have been designated as deficient and do not
  803  satisfy concurrency requirements pursuant to s. 163.3180, and
  804  the applicable local government comprehensive plan.
  805         3. Establish a schedule for financing and construction of
  806  transportation deficiency concurrency backlog projects that will
  807  eliminate deficiencies transportation concurrency backlogs
  808  within the jurisdiction of the authority within 10 years after
  809  the transportation concurrency backlog plan adoption. If mass
  810  transit is selected as all or part of the system solution, the
  811  improvements and service may extend outside the transportation
  812  deficiency areas to the planned terminus of the improvement as
  813  long as the improvement provides capacity enhancements to a
  814  larger intermodal system. The schedule shall be adopted as part
  815  of the local government comprehensive plan.
  816         (b) Plan The adoption is of the transportation concurrency
  817  backlog plan shall be exempt from the provisions of s.
  818  163.3187(1).
  819  
  820  Notwithstanding such schedule requirements, if as long as the
  821  schedule provides for the elimination of all transportation
  822  deficiencies concurrency backlogs within 10 years after the
  823  adoption of the concurrency backlog plan, the final maturity
  824  date of any debt incurred to finance or refinance the related
  825  projects must may be no later than 40 years after the date the
  826  debt is incurred and the authority may continue operations and
  827  administer the trust fund established as provided in subsection
  828  (5) for as long as the debt remains outstanding.
  829         (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
  830  deficiency concurrency backlog authority shall establish a local
  831  transportation concurrency backlog trust fund upon creation of
  832  the authority. The Each local trust fund shall be administered
  833  by the transportation concurrency backlog authority within which
  834  a transportation deficiency concurrency backlog has been
  835  identified. The Each local trust fund must continue to be funded
  836  under this section for as long as the projects set forth in the
  837  related transportation deficiency concurrency backlog plan
  838  remain to be completed or until any debt incurred to finance or
  839  refinance the related projects is no longer outstanding,
  840  whichever occurs later. Beginning in the first fiscal year after
  841  the creation of the authority, each local trust fund shall be
  842  funded by the proceeds of an ad valorem tax increment collected
  843  within each transportation deficiency concurrency backlog area
  844  to be determined annually and shall be a minimum of 25 percent
  845  of the difference between the amounts set forth in paragraphs
  846  (a) and (b), except that if all of the affected taxing
  847  authorities agree under an interlocal agreement, a particular
  848  local trust fund may be funded by the proceeds of an ad valorem
  849  tax increment greater than 25 percent of the difference between
  850  the amounts set forth in paragraphs (a) and (b):
  851         (a) The amount of ad valorem tax levied each year by each
  852  taxing authority, exclusive of any amount from any debt service
  853  millage, on taxable real property contained within the
  854  jurisdiction of the transportation deficiency concurrency
  855  backlog authority and within the transportation deficiency
  856  backlog area; and
  857         (b) The amount of ad valorem taxes which would have been
  858  produced by the rate upon which the tax is levied each year by
  859  or for each taxing authority, exclusive of any debt service
  860  millage, upon the total of the assessed value of the taxable
  861  real property within the transportation deficiency concurrency
  862  backlog area as shown on the most recent assessment roll used in
  863  connection with the taxation of such property of each taxing
  864  authority before prior to the effective date of the ordinance
  865  funding the trust fund.
  866         (6) EXEMPTIONS.—
  867         (a) The following public bodies or taxing authorities are
  868  exempt from the provisions of this section:
  869         1. A special district that levies ad valorem taxes on
  870  taxable real property in more than one county.
  871         2. A special district for which the sole available source
  872  of revenue is the authority to levy ad valorem taxes at the time
  873  an ordinance is adopted under this section. However, revenues or
  874  aid that may be dispensed or appropriated to a district as
  875  defined in s. 388.011 at the discretion of an entity other than
  876  such district shall not be deemed available.
  877         3. A library district.
  878         4. A neighborhood improvement district created under the
  879  Safe Neighborhoods Act.
  880         5. A metropolitan transportation authority.
  881         6. A water management district created under s. 373.069.
  882         7. A community redevelopment agency.
  883         (b) A transportation deficiency concurrency exemption
  884  authority may also exempt from this section a special district
  885  that levies ad valorem taxes within the transportation
  886  deficiency concurrency backlog area pursuant to s.
  887  163.387(2)(d).
  888         (7) TRANSPORTATION DEFICIENCY PLAN CONCURRENCY
  889  SATISFACTION.—Upon adoption of a transportation deficiency
  890  concurrency backlog plan as a part of the local government
  891  comprehensive plan, and the plan going into effect, the area
  892  subject to the plan shall be deemed to have achieved and
  893  maintained transportation level-of-service standards, and to
  894  have met requirements for financial feasibility for
  895  transportation facilities, and for the purpose of proposed
  896  development transportation concurrency has been satisfied.
  897  Proportionate fair-share mitigation shall be limited to ensure
  898  that a development inside a transportation deficiency
  899  concurrency backlog area is not responsible for the additional
  900  costs of eliminating deficiencies backlogs.
  901         (8) DISSOLUTION.—Upon completion of all transportation
  902  deficiency concurrency backlog projects and repayment or
  903  defeasance of all debt issued to finance or refinance such
  904  projects, a transportation deficiency concurrency backlog
  905  authority shall be dissolved, and its assets and liabilities
  906  transferred to the county or municipality within which the
  907  authority is located. All remaining assets of the authority must
  908  be used for implementation of transportation projects within the
  909  jurisdiction of the authority. The local government
  910  comprehensive plan shall be amended to remove the transportation
  911  deficiency concurrency backlog plan.
  912         Section 5. Paragraph (f) is added to subsection (28) of
  913  section 380.06, Florida Statutes, to read:
  914         380.06 Developments of regional impact.—
  915         (28) PARTIAL STATUTORY EXEMPTIONS.—
  916         (f) Any transit-oriented development, as defined in s.
  917  163.3164, which is incorporated into a county or municipal
  918  comprehensive plan by a county or municipality that has adopted
  919  land use and transportation strategies to support and fund the
  920  local government’s concurrency or mobility plan identified in
  921  the comprehensive plan, including alternative modes of
  922  transportation, is exempt from review for transportation impacts
  923  conducted pursuant to this section. This paragraph does not
  924  apply to areas within:
  925         1. The boundary of any area of critical state concern
  926  designated pursuant to s. 380.05;
  927         2. The boundary of the Wekiva Study Area as described in s.
  928  369.316; or
  929         3. The 2 miles of the boundary of the Everglades Protection
  930  Area as described in s. 373.4592(2).
  931         Section 6. Subsection (5) of section 163.3162, Florida
  932  Statutes, is amended to read:
  933         163.3162 Agricultural Lands and Practices Act.—
  934         (5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.—The
  935  owner of a parcel of land defined as an agricultural enclave
  936  under s. 163.3164(33) may apply for an amendment to the local
  937  government comprehensive plan pursuant to s. 163.3187. Such
  938  amendment is presumed to be consistent with rule 9J-5.006(5),
  939  Florida Administrative Code, and may include land uses and
  940  intensities of use that are consistent with the uses and
  941  intensities of use of the industrial, commercial, or residential
  942  areas that surround the parcel. This presumption may be rebutted
  943  by clear and convincing evidence. Each application for a
  944  comprehensive plan amendment under this subsection for a parcel
  945  larger than 640 acres must include appropriate new urbanism
  946  concepts such as clustering, mixed-use development, the creation
  947  of rural village and city centers, and the transfer of
  948  development rights in order to discourage urban sprawl while
  949  protecting landowner rights.
  950         (a) The local government and the owner of a parcel of land
  951  that is the subject of an application for an amendment shall
  952  have 180 days following the date that the local government
  953  receives a complete application to negotiate in good faith to
  954  reach consensus on the land uses and intensities of use that are
  955  consistent with the uses and intensities of use of the
  956  industrial, commercial, or residential areas that surround the
  957  parcel. Within 30 days after the local government’s receipt of
  958  such an application, the local government and owner must agree
  959  in writing to a schedule for information submittal, public
  960  hearings, negotiations, and final action on the amendment, which
  961  schedule may thereafter be altered only with the written consent
  962  of the local government and the owner. Compliance with the
  963  schedule in the written agreement constitutes good faith
  964  negotiations for purposes of paragraph (c).
  965         (b) Upon conclusion of good faith negotiations under
  966  paragraph (a), regardless of whether the local government and
  967  owner reach consensus on the land uses and intensities of use
  968  that are consistent with the uses and intensities of use of the
  969  industrial, commercial, or residential areas that surround the
  970  parcel, the amendment must be transmitted to the state land
  971  planning agency for review pursuant to s. 163.3184. If the local
  972  government fails to transmit the amendment within 180 days after
  973  receipt of a complete application, the amendment must be
  974  immediately transferred to the state land planning agency for
  975  such review at the first available transmittal cycle. A plan
  976  amendment transmitted to the state land planning agency
  977  submitted under this subsection is presumed to be consistent
  978  with rule 9J-5.006(5), Florida Administrative Code. This
  979  presumption may be rebutted by clear and convincing evidence.
  980         (c) If the owner fails to negotiate in good faith, a plan
  981  amendment submitted under this subsection is not entitled to the
  982  rebuttable presumption under this subsection in the negotiation
  983  and amendment process.
  984         (d) Nothing within This subsection relating to agricultural
  985  enclaves does not shall preempt or replace any protection
  986  currently existing for any property located within the
  987  boundaries of the following areas:
  988         1. The Wekiva Study Area, as described in s. 369.316; or
  989         2. The Everglades Protection Area, as defined in s.
  990  373.4592(2).
  991         Section 7. Subsection (2) of section 163.32465, Florida
  992  Statutes, is amended to read:
  993         163.32465 State review of local comprehensive plans in
  994  urban areas.—
  995         (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.
  996  Pinellas and Broward Counties, and the municipalities within
  997  these counties, and Jacksonville, Miami, Tampa, and Hialeah
  998  shall follow an alternative state review process provided in
  999  this section. Municipalities within the pilot counties may
 1000  elect, by super majority vote of the governing body, not to
 1001  participate in the pilot program. In addition to the pilot
 1002  program jurisdictions, any local government may use the
 1003  alternative state review process to designate an urban service
 1004  area as defined in s. 163.3164(29) in its comprehensive plan.
 1005         Section 8. Section 186.513, Florida Statutes, is amended to
 1006  read:
 1007         186.513 Reports.—Each regional planning council shall
 1008  prepare and furnish an annual report on its activities to the
 1009  state land planning agency as defined in s. 163.3164(20) and the
 1010  local general-purpose governments within its boundaries and,
 1011  upon payment as may be established by the council, to any
 1012  interested person. The regional planning councils shall make a
 1013  joint report and recommendations to appropriate legislative
 1014  committees.
 1015         Section 9. Section 186.515, Florida Statutes, is amended to
 1016  read:
 1017         186.515 Creation of regional planning councils under
 1018  chapter 163.—Sections Nothing in ss. 186.501-186.507, 186.513,
 1019  and 186.515 do not is intended to repeal or limit the provisions
 1020  of chapter 163; however, the local general-purpose governments
 1021  serving as voting members of the governing body of a regional
 1022  planning council created pursuant to ss. 186.501-186.507,
 1023  186.513, and 186.515 may not are not authorized to create a
 1024  regional planning council pursuant to chapter 163 unless an
 1025  agency, other than a regional planning council created pursuant
 1026  to ss. 186.501-186.507, 186.513, and 186.515, is designated to
 1027  exercise the powers and duties of a regional planning agency as
 1028  defined in ss. 163.3164 and 380.031 in any one or more of ss.
 1029  163.3164(19) and 380.031(15); in which case, such a regional
 1030  planning council is also without authority to exercise the
 1031  powers and duties of the regional planning agency in s.
 1032  163.3164(19) or s. 380.031(15).
 1033         Section 10. Subsection (15) of section 287.042, Florida
 1034  Statutes, is amended to read:
 1035         287.042 Powers, duties, and functions.—The department shall
 1036  have the following powers, duties, and functions:
 1037         (15) To enter into joint agreements with governmental
 1038  agencies, as defined in s. 163.3164(10), for the purpose of
 1039  pooling funds for the purchase of commodities or information
 1040  technology that can be used by multiple agencies.
 1041         (a) Each agency that has been appropriated or has existing
 1042  funds for such purchase, shall, upon contract award by the
 1043  department, transfer their portion of the funds into the
 1044  department’s Operating Trust Fund for payment by the department.
 1045  The funds shall be transferred by the Executive Office of the
 1046  Governor pursuant to the agency budget amendment request
 1047  provisions in chapter 216.
 1048         (b) Agencies that sign the joint agreements are financially
 1049  obligated for their portion of the agreed-upon funds. If an
 1050  agency becomes more than 90 days delinquent in paying the funds,
 1051  the department shall certify to the Chief Financial Officer the
 1052  amount due, and the Chief Financial Officer shall transfer the
 1053  amount due to the Operating Trust Fund of the department from
 1054  any of the agency’s available funds. The Chief Financial Officer
 1055  shall report these transfers and the reasons for the transfers
 1056  to the Executive Office of the Governor and the legislative
 1057  appropriations committees.
 1058         Section 11. Paragraph (a) of subsection (2) of section
 1059  288.975, Florida Statutes, is amended to read:
 1060         288.975 Military base reuse plans.—
 1061         (2) As used in this section, the term:
 1062         (a) “Affected local government” means a local government
 1063  adjoining the host local government and any other unit of local
 1064  government that is not a host local government but that is
 1065  identified in a proposed military base reuse plan as providing,
 1066  operating, or maintaining one or more public facilities as
 1067  defined in s. 163.3164(24) on lands within or serving a military
 1068  base designated for closure by the Federal Government.
 1069         Section 12. Subsection (5) of section 369.303, Florida
 1070  Statutes, is amended to read:
 1071         369.303 Definitions.—As used in this part:
 1072         (5) “Land development regulation” has the same meaning as
 1073  means a regulation covered by the definition in s. 163.3164(23)
 1074  and includes any of the types of regulations described in s.
 1075  163.3202.
 1076         Section 13. Subsection (10) of section 420.5095, Florida
 1077  Statutes, is amended to read:
 1078         420.5095 Community Workforce Housing Innovation Pilot
 1079  Program.—
 1080         (10) The processing of approvals of development orders or
 1081  development permits, as those terms are defined in s.
 1082  163.3164(7) and (8), for innovative community workforce housing
 1083  projects shall be expedited.
 1084         Section 14. Subsection (16) of section 420.9071, Florida
 1085  Statutes, is amended to read:
 1086         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
 1087  term:
 1088         (16) “Local housing incentive strategies” means local
 1089  regulatory reform or incentive programs to encourage or
 1090  facilitate affordable housing production, which include at a
 1091  minimum, assurance that development orders or development
 1092  permits as those terms are defined in s. 163.3164(7) and (8) for
 1093  affordable housing projects are expedited to a greater degree
 1094  than other projects; an ongoing process for review of local
 1095  policies, ordinances, regulations, and plan provisions that
 1096  increase the cost of housing before prior to their adoption; and
 1097  a schedule for implementing the incentive strategies. Local
 1098  housing incentive strategies may also include other regulatory
 1099  reforms, such as those enumerated in s. 420.9076 or those
 1100  recommended by the affordable housing advisory committee in its
 1101  triennial evaluation of the implementation of affordable housing
 1102  incentives, and adopted by the local governing body.
 1103         Section 15. Paragraph (a) of subsection (4) of section
 1104  420.9076, Florida Statutes, is amended to read:
 1105         420.9076 Adoption of affordable housing incentive
 1106  strategies; committees.—
 1107         (4) Triennially, the advisory committee shall review the
 1108  established policies and procedures, ordinances, land
 1109  development regulations, and adopted local government
 1110  comprehensive plan of the appointing local government and shall
 1111  recommend specific actions or initiatives to encourage or
 1112  facilitate affordable housing while protecting the ability of
 1113  the property to appreciate in value. The recommendations may
 1114  include the modification or repeal of existing policies,
 1115  procedures, ordinances, regulations, or plan provisions; the
 1116  creation of exceptions applicable to affordable housing; or the
 1117  adoption of new policies, procedures, regulations, ordinances,
 1118  or plan provisions, including recommendations to amend the local
 1119  government comprehensive plan and corresponding regulations,
 1120  ordinances, and other policies. At a minimum, each advisory
 1121  committee shall submit a report to the local governing body that
 1122  includes recommendations on, and triennially thereafter
 1123  evaluates the implementation of, affordable housing incentives
 1124  in the following areas:
 1125         (a) The processing of approvals of development orders or
 1126  development permits, as those terms are defined in s.
 1127  163.3164(7) and (8), for affordable housing projects is
 1128  expedited to a greater degree than other projects.
 1129  
 1130  The advisory committee recommendations may also include other
 1131  affordable housing incentives identified by the advisory
 1132  committee. Local governments that receive the minimum allocation
 1133  under the State Housing Initiatives Partnership Program shall
 1134  perform the initial review but may elect to not perform the
 1135  triennial review.
 1136         Section 16. This act shall take effect July 1, 2011.