Florida Senate - 2011                                     SB 174
       By Senator Bennett
       21-00283A-11                                           2011174__
    1                        A bill to be entitled                      
    2         An act relating to growth management; reenacting s. 1,
    3         chapter 2009-96, Laws of Florida, relating to a short
    4         title; reenacting s. 163.3164(29) and (34), F.S.,
    5         relating to the definition of “urban service area” and
    6         “dense urban land area” for purposes of the Local
    7         Government Comprehensive Planning and Land Development
    8         Regulation Act; reenacting s. 163.3177(3)(b) and (f),
    9         (6)(h), and (12)(a) and (j), F.S., relating to certain
   10         required and optional elements of a comprehensive
   11         plan; reenacting s. 163.3180(5), (10), and (13)(b) and
   12         (e), F.S., relating to concurrency requirements for
   13         transportation facilities; reenacting s.
   14         163.31801(3)(d), F.S., relating to a required notice
   15         for a new or increased impact fee; reenacting s.
   16         163.3184(1)(b) and (3)(e), F.S., relating to the
   17         process for adopting a comprehensive plan or plan
   18         amendment; reenacting s. 163.3187(1)(b), (f), and (q),
   19         F.S., relating to amendments to a comprehensive plan;
   20         reenacting s. 163.32465(2), F.S., relating to a pilot
   21         program to provide an alternative to the state review
   22         process for local comprehensive plans; reenacting s.
   23         171.091, F.S., relating to the recording of any change
   24         in municipal boundaries; reenacting s. 186.509, F.S.,
   25         relating to a dispute resolution process for
   26         reconciling differences concerning planning and growth
   27         management issues; reenacting s. 380.06(7)(a), (24),
   28         (28), and (29), F.S., relating to certain exemptions
   29         from review provided for proposed developments of
   30         regional impact; reenacting ss. 13, 14, and 34 of
   31         chapter 2009-96, Laws of Florida, relating to a study
   32         and report concerning a mobility fee, the extension
   33         and renewal of certain permits issued by the
   34         Department of Environmental Protection or a water
   35         management district, and a statement of important
   36         state interest; providing a legislative finding of
   37         important state interest; providing for retroactive
   38         operation of the act with respect to provisions of law
   39         amended or created by chapter 2009-96, Laws of
   40         Florida; providing for an exception under specified
   41         circumstances; providing an effective date.
   43         WHEREAS, the Florida Legislature enacted Senate Bill 360 in
   44  2009 for important public policy purposes, and
   45         WHEREAS, litigation has called into question the
   46  constitutional validity of this important piece of legislation,
   47  and
   48         WHEREAS, the Legislature wishes to protect those who relied
   49  on the changes made by Senate Bill 360 and to preserve the
   50  Florida Statutes intact and cure any alleged constitutional
   51  violation, NOW, THEREFORE,
   53  Be It Enacted by the Legislature of the State of Florida:
   55         Section 1. Section 1 of chapter 2009-96, Laws of Florida,
   56  is reenacted to read:
   57         Section 1. This act may be cited as the “Community Renewal
   58  Act.”
   59         Section 2. Subsections (29) and (34) of section 163.3164,
   60  Florida Statutes, are reenacted to read:
   61         163.3164 Local Government Comprehensive Planning and Land
   62  Development Regulation Act; definitions.—As used in this act:
   63         (29) “Urban service area” means built-up areas where public
   64  facilities and services, including, but not limited to, central
   65  water and sewer capacity and roads, are already in place or are
   66  committed in the first 3 years of the capital improvement
   67  schedule. In addition, for counties that qualify as dense urban
   68  land areas under subsection (34), the nonrural area of a county
   69  which has adopted into the county charter a rural area
   70  designation or areas identified in the comprehensive plan as
   71  urban service areas or urban growth boundaries on or before July
   72  1, 2009, are also urban service areas under this definition.
   73         (34) “Dense urban land area” means:
   74         (a) A municipality that has an average of at least 1,000
   75  people per square mile of land area and a minimum total
   76  population of at least 5,000;
   77         (b) A county, including the municipalities located therein,
   78  which has an average of at least 1,000 people per square mile of
   79  land area; or
   80         (c) A county, including the municipalities located therein,
   81  which has a population of at least 1 million.
   83  The Office of Economic and Demographic Research within the
   84  Legislature shall annually calculate the population and density
   85  criteria needed to determine which jurisdictions qualify as
   86  dense urban land areas by using the most recent land area data
   87  from the decennial census conducted by the Bureau of the Census
   88  of the United States Department of Commerce and the latest
   89  available population estimates determined pursuant to s.
   90  186.901. If any local government has had an annexation,
   91  contraction, or new incorporation, the Office of Economic and
   92  Demographic Research shall determine the population density
   93  using the new jurisdictional boundaries as recorded in
   94  accordance with s. 171.091. The Office of Economic and
   95  Demographic Research shall submit to the state land planning
   96  agency a list of jurisdictions that meet the total population
   97  and density criteria necessary for designation as a dense urban
   98  land area by July 1, 2009, and every year thereafter. The state
   99  land planning agency shall publish the list of jurisdictions on
  100  its Internet website within 7 days after the list is received.
  101  The designation of jurisdictions that qualify or do not qualify
  102  as a dense urban land area is effective upon publication on the
  103  state land planning agency’s Internet website.
  104         Section 3. Paragraphs (b) and (f) of subsection (3),
  105  paragraph (h) of subsection (6), and paragraphs (a) and (j) of
  106  subsection (12) of section 163.3177, Florida Statutes, are
  107  reenacted to read:
  108         163.3177 Required and optional elements of comprehensive
  109  plan; studies and surveys.—
  110         (3)(b)1. The capital improvements element must be reviewed
  111  on an annual basis and modified as necessary in accordance with
  112  s. 163.3187 or s. 163.3189 in order to maintain a financially
  113  feasible 5-year schedule of capital improvements. Corrections
  114  and modifications concerning costs; revenue sources; or
  115  acceptance of facilities pursuant to dedications which are
  116  consistent with the plan may be accomplished by ordinance and
  117  shall not be deemed to be amendments to the local comprehensive
  118  plan. A copy of the ordinance shall be transmitted to the state
  119  land planning agency. An amendment to the comprehensive plan is
  120  required to update the schedule on an annual basis or to
  121  eliminate, defer, or delay the construction for any facility
  122  listed in the 5-year schedule. All public facilities must be
  123  consistent with the capital improvements element. The annual
  124  update to the capital improvements element of the comprehensive
  125  plan need not comply with the financial feasibility requirement
  126  until December 1, 2011. Thereafter, a local government may not
  127  amend its future land use map, except for plan amendments to
  128  meet new requirements under this part and emergency amendments
  129  pursuant to s. 163.3187(1)(a), after December 1, 2011, and every
  130  year thereafter, unless and until the local government has
  131  adopted the annual update and it has been transmitted to the
  132  state land planning agency.
  133         2. Capital improvements element amendments adopted after
  134  the effective date of this act shall require only a single
  135  public hearing before the governing board which shall be an
  136  adoption hearing as described in s. 163.3184(7). Such amendments
  137  are not subject to the requirements of s. 163.3184(3)-(6).
  138         (f) A local government’s comprehensive plan and plan
  139  amendments for land uses within all transportation concurrency
  140  exception areas that are designated and maintained in accordance
  141  with s. 163.3180(5) shall be deemed to meet the requirement to
  142  achieve and maintain level-of-service standards for
  143  transportation.
  144         (6) In addition to the requirements of subsections (1)-(5)
  145  and (12), the comprehensive plan shall include the following
  146  elements:
  147         (h)1. An intergovernmental coordination element showing
  148  relationships and stating principles and guidelines to be used
  149  in coordinating the adopted comprehensive plan with the plans of
  150  school boards, regional water supply authorities, and other
  151  units of local government providing services but not having
  152  regulatory authority over the use of land, with the
  153  comprehensive plans of adjacent municipalities, the county,
  154  adjacent counties, or the region, with the state comprehensive
  155  plan and with the applicable regional water supply plan approved
  156  pursuant to s. 373.709, as the case may require and as such
  157  adopted plans or plans in preparation may exist. This element of
  158  the local comprehensive plan must demonstrate consideration of
  159  the particular effects of the local plan, when adopted, upon the
  160  development of adjacent municipalities, the county, adjacent
  161  counties, or the region, or upon the state comprehensive plan,
  162  as the case may require.
  163         a. The intergovernmental coordination element must provide
  164  procedures for identifying and implementing joint planning
  165  areas, especially for the purpose of annexation, municipal
  166  incorporation, and joint infrastructure service areas.
  167         b. The intergovernmental coordination element must provide
  168  for recognition of campus master plans prepared pursuant to s.
  169  1013.30 and airport master plans under paragraph (k).
  170         c. The intergovernmental coordination element shall provide
  171  for a dispute resolution process, as established pursuant to s.
  172  186.509, for bringing intergovernmental disputes to closure in a
  173  timely manner.
  174         d. The intergovernmental coordination element shall provide
  175  for interlocal agreements as established pursuant to s.
  176  333.03(1)(b).
  177         2. The intergovernmental coordination element shall also
  178  state principles and guidelines to be used in coordinating the
  179  adopted comprehensive plan with the plans of school boards and
  180  other units of local government providing facilities and
  181  services but not having regulatory authority over the use of
  182  land. In addition, the intergovernmental coordination element
  183  must describe joint processes for collaborative planning and
  184  decisionmaking on population projections and public school
  185  siting, the location and extension of public facilities subject
  186  to concurrency, and siting facilities with countywide
  187  significance, including locally unwanted land uses whose nature
  188  and identity are established in an agreement. Within 1 year
  189  after adopting their intergovernmental coordination elements,
  190  each county, all the municipalities within that county, the
  191  district school board, and any unit of local government service
  192  providers in that county shall establish by interlocal or other
  193  formal agreement executed by all affected entities, the joint
  194  processes described in this subparagraph consistent with their
  195  adopted intergovernmental coordination elements.
  196         3. To foster coordination between special districts and
  197  local general-purpose governments as local general-purpose
  198  governments implement local comprehensive plans, each
  199  independent special district must submit a public facilities
  200  report to the appropriate local government as required by s.
  201  189.415.
  202         4. Local governments shall execute an interlocal agreement
  203  with the district school board, the county, and nonexempt
  204  municipalities pursuant to s. 163.31777. The local government
  205  shall amend the intergovernmental coordination element to ensure
  206  that coordination between the local government and school board
  207  is pursuant to the agreement and shall state the obligations of
  208  the local government under the agreement. Plan amendments that
  209  comply with this subparagraph are exempt from the provisions of
  210  s. 163.3187(1).
  211         5. By January 1, 2004, any county having a population
  212  greater than 100,000, and the municipalities and special
  213  districts within that county, shall submit a report to the
  214  Department of Community Affairs which identifies:
  215         a. All existing or proposed interlocal service delivery
  216  agreements relating to education; sanitary sewer; public safety;
  217  solid waste; drainage; potable water; parks and recreation; and
  218  transportation facilities.
  219         b. Any deficits or duplication in the provision of services
  220  within its jurisdiction, whether capital or operational. Upon
  221  request, the Department of Community Affairs shall provide
  222  technical assistance to the local governments in identifying
  223  deficits or duplication.
  224         6. Within 6 months after submission of the report, the
  225  Department of Community Affairs shall, through the appropriate
  226  regional planning council, coordinate a meeting of all local
  227  governments within the regional planning area to discuss the
  228  reports and potential strategies to remedy any identified
  229  deficiencies or duplications.
  230         7. Each local government shall update its intergovernmental
  231  coordination element based upon the findings in the report
  232  submitted pursuant to subparagraph 5. The report may be used as
  233  supporting data and analysis for the intergovernmental
  234  coordination element.
  235         (12) A public school facilities element adopted to
  236  implement a school concurrency program shall meet the
  237  requirements of this subsection. Each county and each
  238  municipality within the county, unless exempt or subject to a
  239  waiver, must adopt a public school facilities element that is
  240  consistent with those adopted by the other local governments
  241  within the county and enter the interlocal agreement pursuant to
  242  s. 163.31777.
  243         (a) The state land planning agency may provide a waiver to
  244  a county and to the municipalities within the county if the
  245  capacity rate for all schools within the school district is no
  246  greater than 100 percent and the projected 5-year capital outlay
  247  full-time equivalent student growth rate is less than 10
  248  percent. The state land planning agency may allow for a
  249  projected 5-year capital outlay full-time equivalent student
  250  growth rate to exceed 10 percent when the projected 10-year
  251  capital outlay full-time equivalent student enrollment is less
  252  than 2,000 students and the capacity rate for all schools within
  253  the school district in the tenth year will not exceed the 100
  254  percent limitation. The state land planning agency may allow for
  255  a single school to exceed the 100-percent limitation if it can
  256  be demonstrated that the capacity rate for that single school is
  257  not greater than 105 percent. In making this determination, the
  258  state land planning agency shall consider the following
  259  criteria:
  260         1. Whether the exceedance is due to temporary
  261  circumstances;
  262         2. Whether the projected 5-year capital outlay full time
  263  equivalent student growth rate for the school district is
  264  approaching the 10-percent threshold;
  265         3. Whether one or more additional schools within the school
  266  district are at or approaching the 100-percent threshold; and
  267         4. The adequacy of the data and analysis submitted to
  268  support the waiver request.
  269         (j) The state land planning agency may issue a notice to
  270  the school board and the local government to show cause why
  271  sanctions should not be enforced for failure to enter into an
  272  approved interlocal agreement as required by s. 163.31777 or for
  273  failure to implement provisions relating to public school
  274  concurrency. If the state land planning agency finds that
  275  insufficient cause exists for the school board’s or local
  276  government’s failure to enter into an approved interlocal
  277  agreement as required by s. 163.31777 or for the school board’s
  278  or local government’s failure to implement the provisions
  279  relating to public school concurrency, the state land planning
  280  agency shall submit its finding to the Administration Commission
  281  which may impose on the local government any of the sanctions
  282  set forth in s. 163.3184(11)(a) and (b) and may impose on the
  283  district school board any of the sanctions set forth in s.
  284  1008.32(4).
  285         Section 4. Subsections (5) and (10) and paragraphs (b) and
  286  (e) of subsection (13) of section 163.3180, Florida Statutes,
  287  are reenacted to read:
  288         163.3180 Concurrency.—
  289         (5)(a) The Legislature finds that under limited
  290  circumstances, countervailing planning and public policy goals
  291  may come into conflict with the requirement that adequate public
  292  transportation facilities and services be available concurrent
  293  with the impacts of such development. The Legislature further
  294  finds that the unintended result of the concurrency requirement
  295  for transportation facilities is often the discouragement of
  296  urban infill development and redevelopment. Such unintended
  297  results directly conflict with the goals and policies of the
  298  state comprehensive plan and the intent of this part. The
  299  Legislature also finds that in urban centers transportation
  300  cannot be effectively managed and mobility cannot be improved
  301  solely through the expansion of roadway capacity, that the
  302  expansion of roadway capacity is not always physically or
  303  financially possible, and that a range of transportation
  304  alternatives is essential to satisfy mobility needs, reduce
  305  congestion, and achieve healthy, vibrant centers.
  306         (b)1. The following are transportation concurrency
  307  exception areas:
  308         a. A municipality that qualifies as a dense urban land area
  309  under s. 163.3164;
  310         b. An urban service area under s. 163.3164 that has been
  311  adopted into the local comprehensive plan and is located within
  312  a county that qualifies as a dense urban land area under s.
  313  163.3164; and
  314         c. A county, including the municipalities located therein,
  315  which has a population of at least 900,000 and qualifies as a
  316  dense urban land area under s. 163.3164, but does not have an
  317  urban service area designated in the local comprehensive plan.
  318         2. A municipality that does not qualify as a dense urban
  319  land area pursuant to s. 163.3164 may designate in its local
  320  comprehensive plan the following areas as transportation
  321  concurrency exception areas:
  322         a. Urban infill as defined in s. 163.3164;
  323         b. Community redevelopment areas as defined in s. 163.340;
  324         c. Downtown revitalization areas as defined in s. 163.3164;
  325         d. Urban infill and redevelopment under s. 163.2517; or
  326         e. Urban service areas as defined in s. 163.3164 or areas
  327  within a designated urban service boundary under s.
  328  163.3177(14).
  329         3. A county that does not qualify as a dense urban land
  330  area pursuant to s. 163.3164 may designate in its local
  331  comprehensive plan the following areas as transportation
  332  concurrency exception areas:
  333         a. Urban infill as defined in s. 163.3164;
  334         b. Urban infill and redevelopment under s. 163.2517; or
  335         c. Urban service areas as defined in s. 163.3164.
  336         4. A local government that has a transportation concurrency
  337  exception area designated pursuant to subparagraph 1.,
  338  subparagraph 2., or subparagraph 3. shall, within 2 years after
  339  the designated area becomes exempt, adopt into its local
  340  comprehensive plan land use and transportation strategies to
  341  support and fund mobility within the exception area, including
  342  alternative modes of transportation. Local governments are
  343  encouraged to adopt complementary land use and transportation
  344  strategies that reflect the region’s shared vision for its
  345  future. If the state land planning agency finds insufficient
  346  cause for the failure to adopt into its comprehensive plan land
  347  use and transportation strategies to support and fund mobility
  348  within the designated exception area after 2 years, it shall
  349  submit the finding to the Administration Commission, which may
  350  impose any of the sanctions set forth in s. 163.3184(11)(a) and
  351  (b) against the local government.
  352         5. Transportation concurrency exception areas designated
  353  pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
  354  do not apply to designated transportation concurrency districts
  355  located within a county that has a population of at least 1.5
  356  million, has implemented and uses a transportation-related
  357  concurrency assessment to support alternative modes of
  358  transportation, including, but not limited to, mass transit, and
  359  does not levy transportation impact fees within the concurrency
  360  district.
  361         6. Transportation concurrency exception areas designated
  362  under subparagraph 1., subparagraph 2., or subparagraph 3. do
  363  not apply in any county that has exempted more than 40 percent
  364  of the area inside the urban service area from transportation
  365  concurrency for the purpose of urban infill.
  366         7. A local government that does not have a transportation
  367  concurrency exception area designated pursuant to subparagraph
  368  1., subparagraph 2., or subparagraph 3. may grant an exception
  369  from the concurrency requirement for transportation facilities
  370  if the proposed development is otherwise consistent with the
  371  adopted local government comprehensive plan and is a project
  372  that promotes public transportation or is located within an area
  373  designated in the comprehensive plan for:
  374         a. Urban infill development;
  375         b. Urban redevelopment;
  376         c. Downtown revitalization;
  377         d. Urban infill and redevelopment under s. 163.2517; or
  378         e. An urban service area specifically designated as a
  379  transportation concurrency exception area which includes lands
  380  appropriate for compact, contiguous urban development, which
  381  does not exceed the amount of land needed to accommodate the
  382  projected population growth at densities consistent with the
  383  adopted comprehensive plan within the 10-year planning period,
  384  and which is served or is planned to be served with public
  385  facilities and services as provided by the capital improvements
  386  element.
  387         (c) The Legislature also finds that developments located
  388  within urban infill, urban redevelopment, urban service, or
  389  downtown revitalization areas or areas designated as urban
  390  infill and redevelopment areas under s. 163.2517, which pose
  391  only special part-time demands on the transportation system, are
  392  exempt from the concurrency requirement for transportation
  393  facilities. A special part-time demand is one that does not have
  394  more than 200 scheduled events during any calendar year and does
  395  not affect the 100 highest traffic volume hours.
  396         (d) Except for transportation concurrency exception areas
  397  designated pursuant to subparagraph (b)1., subparagraph (b)2.,
  398  or subparagraph (b)3., the following requirements apply:
  399         1. The local government shall both adopt into the
  400  comprehensive plan and implement long-term strategies to support
  401  and fund mobility within the designated exception area,
  402  including alternative modes of transportation. The plan
  403  amendment must also demonstrate how strategies will support the
  404  purpose of the exception and how mobility within the designated
  405  exception area will be provided.
  406         2. The strategies must address urban design; appropriate
  407  land use mixes, including intensity and density; and network
  408  connectivity plans needed to promote urban infill,
  409  redevelopment, or downtown revitalization. The comprehensive
  410  plan amendment designating the concurrency exception area must
  411  be accompanied by data and analysis supporting the local
  412  government’s determination of the boundaries of the
  413  transportation concurrency exception area.
  414         (e) Before designating a concurrency exception area
  415  pursuant to subparagraph (b)7., the state land planning agency
  416  and the Department of Transportation shall be consulted by the
  417  local government to assess the impact that the proposed
  418  exception area is expected to have on the adopted level-of
  419  service standards established for regional transportation
  420  facilities identified pursuant to s. 186.507, including the
  421  Strategic Intermodal System and roadway facilities funded in
  422  accordance with s. 339.2819. Further, the local government shall
  423  provide a plan for the mitigation of impacts to the Strategic
  424  Intermodal System, including, if appropriate, access management,
  425  parallel reliever roads, transportation demand management, and
  426  other measures.
  427         (f) The designation of a transportation concurrency
  428  exception area does not limit a local government’s home rule
  429  power to adopt ordinances or impose fees. This subsection does
  430  not affect any contract or agreement entered into or development
  431  order rendered before the creation of the transportation
  432  concurrency exception area except as provided in s.
  433  380.06(29)(e).
  434         (g) The Office of Program Policy Analysis and Government
  435  Accountability shall submit to the President of the Senate and
  436  the Speaker of the House of Representatives by February 1, 2015,
  437  a report on transportation concurrency exception areas created
  438  pursuant to this subsection. At a minimum, the report shall
  439  address the methods that local governments have used to
  440  implement and fund transportation strategies to achieve the
  441  purposes of designated transportation concurrency exception
  442  areas, and the effects of the strategies on mobility,
  443  congestion, urban design, the density and intensity of land use
  444  mixes, and network connectivity plans used to promote urban
  445  infill, redevelopment, or downtown revitalization.
  446         (10) Except in transportation concurrency exception areas,
  447  with regard to roadway facilities on the Strategic Intermodal
  448  System designated in accordance with s. 339.63, local
  449  governments shall adopt the level-of-service standard
  450  established by the Department of Transportation by rule.
  451  However, if the Office of Tourism, Trade, and Economic
  452  Development concurs in writing with the local government that
  453  the proposed development is for a qualified job creation project
  454  under s. 288.0656 or s. 403.973, the affected local government,
  455  after consulting with the Department of Transportation, may
  456  provide for a waiver of transportation concurrency for the
  457  project. For all other roads on the State Highway System, local
  458  governments shall establish an adequate level-of-service
  459  standard that need not be consistent with any level-of-service
  460  standard established by the Department of Transportation. In
  461  establishing adequate level-of-service standards for any
  462  arterial roads, or collector roads as appropriate, which
  463  traverse multiple jurisdictions, local governments shall
  464  consider compatibility with the roadway facility’s adopted
  465  level-of-service standards in adjacent jurisdictions. Each local
  466  government within a county shall use a professionally accepted
  467  methodology for measuring impacts on transportation facilities
  468  for the purposes of implementing its concurrency management
  469  system. Counties are encouraged to coordinate with adjacent
  470  counties, and local governments within a county are encouraged
  471  to coordinate, for the purpose of using common methodologies for
  472  measuring impacts on transportation facilities for the purpose
  473  of implementing their concurrency management systems.
  474         (13) School concurrency shall be established on a
  475  districtwide basis and shall include all public schools in the
  476  district and all portions of the district, whether located in a
  477  municipality or an unincorporated area unless exempt from the
  478  public school facilities element pursuant to s. 163.3177(12).
  479  The application of school concurrency to development shall be
  480  based upon the adopted comprehensive plan, as amended. All local
  481  governments within a county, except as provided in paragraph
  482  (f), shall adopt and transmit to the state land planning agency
  483  the necessary plan amendments, along with the interlocal
  484  agreement, for a compliance review pursuant to s. 163.3184(7)
  485  and (8). The minimum requirements for school concurrency are the
  486  following:
  487         (b) Level-of-service standards.—The Legislature recognizes
  488  that an essential requirement for a concurrency management
  489  system is the level of service at which a public facility is
  490  expected to operate.
  491         1. Local governments and school boards imposing school
  492  concurrency shall exercise authority in conjunction with each
  493  other to establish jointly adequate level-of-service standards,
  494  as defined in chapter 9J-5, Florida Administrative Code,
  495  necessary to implement the adopted local government
  496  comprehensive plan, based on data and analysis.
  497         2. Public school level-of-service standards shall be
  498  included and adopted into the capital improvements element of
  499  the local comprehensive plan and shall apply districtwide to all
  500  schools of the same type. Types of schools may include
  501  elementary, middle, and high schools as well as special purpose
  502  facilities such as magnet schools.
  503         3. Local governments and school boards shall have the
  504  option to utilize tiered level-of-service standards to allow
  505  time to achieve an adequate and desirable level of service as
  506  circumstances warrant.
  507         4. For the purpose of determining whether levels of service
  508  have been achieved, for the first 3 years of school concurrency
  509  implementation, a school district that includes relocatable
  510  facilities in its inventory of student stations shall include
  511  the capacity of such relocatable facilities as provided in s.
  512  1013.35(2)(b)2.f., provided the relocatable facilities were
  513  purchased after 1998 and the relocatable facilities meet the
  514  standards for long-term use pursuant to s. 1013.20.
  515         (e) Availability standard.—Consistent with the public
  516  welfare, a local government may not deny an application for site
  517  plan, final subdivision approval, or the functional equivalent
  518  for a development or phase of a development authorizing
  519  residential development for failure to achieve and maintain the
  520  level-of-service standard for public school capacity in a local
  521  school concurrency management system where adequate school
  522  facilities will be in place or under actual construction within
  523  3 years after the issuance of final subdivision or site plan
  524  approval, or the functional equivalent. School concurrency is
  525  satisfied if the developer executes a legally binding commitment
  526  to provide mitigation proportionate to the demand for public
  527  school facilities to be created by actual development of the
  528  property, including, but not limited to, the options described
  529  in subparagraph 1. Options for proportionate-share mitigation of
  530  impacts on public school facilities must be established in the
  531  public school facilities element and the interlocal agreement
  532  pursuant to s. 163.31777.
  533         1. Appropriate mitigation options include the contribution
  534  of land; the construction, expansion, or payment for land
  535  acquisition or construction of a public school facility; the
  536  construction of a charter school that complies with the
  537  requirements of s. 1002.33(18); or the creation of mitigation
  538  banking based on the construction of a public school facility in
  539  exchange for the right to sell capacity credits. Such options
  540  must include execution by the applicant and the local government
  541  of a development agreement that constitutes a legally binding
  542  commitment to pay proportionate-share mitigation for the
  543  additional residential units approved by the local government in
  544  a development order and actually developed on the property,
  545  taking into account residential density allowed on the property
  546  prior to the plan amendment that increased the overall
  547  residential density. The district school board must be a party
  548  to such an agreement. As a condition of its entry into such a
  549  development agreement, the local government may require the
  550  landowner to agree to continuing renewal of the agreement upon
  551  its expiration.
  552         2. If the education facilities plan and the public
  553  educational facilities element authorize a contribution of land;
  554  the construction, expansion, or payment for land acquisition;
  555  the construction or expansion of a public school facility, or a
  556  portion thereof; or the construction of a charter school that
  557  complies with the requirements of s. 1002.33(18), as
  558  proportionate-share mitigation, the local government shall
  559  credit such a contribution, construction, expansion, or payment
  560  toward any other impact fee or exaction imposed by local
  561  ordinance for the same need, on a dollar-for-dollar basis at
  562  fair market value.
  563         3. Any proportionate-share mitigation must be directed by
  564  the school board toward a school capacity improvement identified
  565  in a financially feasible 5-year district work plan that
  566  satisfies the demands created by the development in accordance
  567  with a binding developer’s agreement.
  568         4. If a development is precluded from commencing because
  569  there is inadequate classroom capacity to mitigate the impacts
  570  of the development, the development may nevertheless commence if
  571  there are accelerated facilities in an approved capital
  572  improvement element scheduled for construction in year four or
  573  later of such plan which, when built, will mitigate the proposed
  574  development, or if such accelerated facilities will be in the
  575  next annual update of the capital facilities element, the
  576  developer enters into a binding, financially guaranteed
  577  agreement with the school district to construct an accelerated
  578  facility within the first 3 years of an approved capital
  579  improvement plan, and the cost of the school facility is equal
  580  to or greater than the development’s proportionate share. When
  581  the completed school facility is conveyed to the school
  582  district, the developer shall receive impact fee credits usable
  583  within the zone where the facility is constructed or any
  584  attendance zone contiguous with or adjacent to the zone where
  585  the facility is constructed.
  586         5. This paragraph does not limit the authority of a local
  587  government to deny a development permit or its functional
  588  equivalent pursuant to its home rule regulatory powers, except
  589  as provided in this part.
  590         Section 5. Paragraph (d) of subsection (3) of section
  591  163.31801, Florida Statutes, is reenacted to read:
  592         163.31801 Impact fees; short title; intent; definitions;
  593  ordinances levying impact fees.—
  594         (3) An impact fee adopted by ordinance of a county or
  595  municipality or by resolution of a special district must, at
  596  minimum:
  597         (d) Require that notice be provided no less than 90 days
  598  before the effective date of an ordinance or resolution imposing
  599  a new or increased impact fee. A county or municipality is not
  600  required to wait 90 days to decrease, suspend, or eliminate an
  601  impact fee.
  602         Section 6. Paragraph (b) of subsection (1) and paragraph
  603  (e) of subsection (3) of section 163.3184, Florida Statutes, are
  604  reenacted to read:
  605         163.3184 Process for adoption of comprehensive plan or plan
  606  amendment.—
  607         (1) DEFINITIONS.—As used in this section, the term:
  608         (b) “In compliance” means consistent with the requirements
  609  of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245,
  610  with the state comprehensive plan, with the appropriate
  611  strategic regional policy plan, and with chapter 9J-5, Florida
  612  Administrative Code, where such rule is not inconsistent with
  613  this part and with the principles for guiding development in
  614  designated areas of critical state concern and with part III of
  615  chapter 369, where applicable.
  617  AMENDMENT.—
  618         (e) At the request of an applicant, a local government
  619  shall consider an application for zoning changes that would be
  620  required to properly enact the provisions of any proposed plan
  621  amendment transmitted pursuant to this subsection. Zoning
  622  changes approved by the local government are contingent upon the
  623  comprehensive plan or plan amendment transmitted becoming
  624  effective.
  625         Section 7. Paragraphs (b), (f), and (q) of subsection (1)
  626  of section 163.3187, Florida Statutes, are reenacted to read:
  627         163.3187 Amendment of adopted comprehensive plan.—
  628         (1) Amendments to comprehensive plans adopted pursuant to
  629  this part may be made not more than two times during any
  630  calendar year, except:
  631         (b) Any local government comprehensive plan amendments
  632  directly related to a proposed development of regional impact,
  633  including changes which have been determined to be substantial
  634  deviations and including Florida Quality Developments pursuant
  635  to s. 380.061, may be initiated by a local planning agency and
  636  considered by the local governing body at the same time as the
  637  application for development approval using the procedures
  638  provided for local plan amendment in this section and applicable
  639  local ordinances.
  640         (f) The capital improvements element annual update required
  641  in s. 163.3177(3)(b)1. and any amendments directly related to
  642  the schedule.
  643         (q) Any local government plan amendment to designate an
  644  urban service area as a transportation concurrency exception
  645  area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
  646  development-of-regional-impact process under s. 380.06(29).
  647         Section 8. Subsection (2) of section 163.32465, Florida
  648  Statutes, is reenacted to read:
  649         163.32465 State review of local comprehensive plans in
  650  urban areas.—
  652  Pinellas and Broward Counties, and the municipalities within
  653  these counties, and Jacksonville, Miami, Tampa, and Hialeah
  654  shall follow an alternative state review process provided in
  655  this section. Municipalities within the pilot counties may
  656  elect, by super majority vote of the governing body, not to
  657  participate in the pilot program. In addition to the pilot
  658  program jurisdictions, any local government may use the
  659  alternative state review process to designate an urban service
  660  area as defined in s. 163.3164(29) in its comprehensive plan.
  661         Section 9. Section 171.091, Florida Statutes, is reenacted
  662  to read:
  663         171.091 Recording.—Any change in the municipal boundaries
  664  through annexation or contraction shall revise the charter
  665  boundary article and shall be filed as a revision of the charter
  666  with the Department of State within 30 days. A copy of such
  667  revision must be submitted to the Office of Economic and
  668  Demographic Research along with a statement specifying the
  669  population census effect and the affected land area.
  670         Section 10. Section 186.509, Florida Statutes, is reenacted
  671  to read:
  672         186.509 Dispute resolution process.—Each regional planning
  673  council shall establish by rule a dispute resolution process to
  674  reconcile differences on planning and growth management issues
  675  between local governments, regional agencies, and private
  676  interests. The dispute resolution process shall, within a
  677  reasonable set of timeframes, provide for: voluntary meetings
  678  among the disputing parties; if those meetings fail to resolve
  679  the dispute, initiation of mandatory mediation or a similar
  680  process; if that process fails, initiation of arbitration or
  681  administrative or judicial action, where appropriate. The
  682  council shall not utilize the dispute resolution process to
  683  address disputes involving environmental permits or other
  684  regulatory matters unless requested to do so by the parties. The
  685  resolution of any issue through the dispute resolution process
  686  shall not alter any person’s right to a judicial determination
  687  of any issue if that person is entitled to such a determination
  688  under statutory or common law.
  689         Section 11. Paragraph (a) of subsection (7) and subsections
  690  (24), (28), and (29) of section 380.06, Florida Statutes, are
  691  reenacted to read:
  692         380.06 Developments of regional impact.—
  694         (a) Before filing an application for development approval,
  695  the developer shall contact the regional planning agency with
  696  jurisdiction over the proposed development to arrange a
  697  preapplication conference. Upon the request of the developer or
  698  the regional planning agency, other affected state and regional
  699  agencies shall participate in this conference and shall identify
  700  the types of permits issued by the agencies, the level of
  701  information required, and the permit issuance procedures as
  702  applied to the proposed development. The levels of service
  703  required in the transportation methodology shall be the same
  704  levels of service used to evaluate concurrency in accordance
  705  with s. 163.3180. The regional planning agency shall provide the
  706  developer information about the development-of-regional-impact
  707  process and the use of preapplication conferences to identify
  708  issues, coordinate appropriate state and local agency
  709  requirements, and otherwise promote a proper and efficient
  710  review of the proposed development. If agreement is reached
  711  regarding assumptions and methodology to be used in the
  712  application for development approval, the reviewing agencies may
  713  not subsequently object to those assumptions and methodologies
  714  unless subsequent changes to the project or information obtained
  715  during the review make those assumptions and methodologies
  716  inappropriate.
  717         (24) STATUTORY EXEMPTIONS.—
  718         (a) Any proposed hospital is exempt from the provisions of
  719  this section.
  720         (b) Any proposed electrical transmission line or electrical
  721  power plant is exempt from the provisions of this section.
  722         (c) Any proposed addition to an existing sports facility
  723  complex is exempt from the provisions of this section if the
  724  addition meets the following characteristics:
  725         1. It would not operate concurrently with the scheduled
  726  hours of operation of the existing facility.
  727         2. Its seating capacity would be no more than 75 percent of
  728  the capacity of the existing facility.
  729         3. The sports facility complex property is owned by a
  730  public body prior to July 1, 1983.
  731  This exemption does not apply to any pari-mutuel facility.
  732         (d) Any proposed addition or cumulative additions
  733  subsequent to July 1, 1988, to an existing sports facility
  734  complex owned by a state university is exempt if the increased
  735  seating capacity of the complex is no more than 30 percent of
  736  the capacity of the existing facility.
  737         (e) Any addition of permanent seats or parking spaces for
  738  an existing sports facility located on property owned by a
  739  public body prior to July 1, 1973, is exempt from the provisions
  740  of this section if future additions do not expand existing
  741  permanent seating or parking capacity more than 15 percent
  742  annually in excess of the prior year’s capacity.
  743         (f) Any increase in the seating capacity of an existing
  744  sports facility having a permanent seating capacity of at least
  745  50,000 spectators is exempt from the provisions of this section,
  746  provided that such an increase does not increase permanent
  747  seating capacity by more than 5 percent per year and not to
  748  exceed a total of 10 percent in any 5-year period, and provided
  749  that the sports facility notifies the appropriate local
  750  government within which the facility is located of the increase
  751  at least 6 months prior to the initial use of the increased
  752  seating, in order to permit the appropriate local government to
  753  develop a traffic management plan for the traffic generated by
  754  the increase. Any traffic management plan shall be consistent
  755  with the local comprehensive plan, the regional policy plan, and
  756  the state comprehensive plan.
  757         (g) Any expansion in the permanent seating capacity or
  758  additional improved parking facilities of an existing sports
  759  facility is exempt from the provisions of this section, if the
  760  following conditions exist:
  761         1.a. The sports facility had a permanent seating capacity
  762  on January 1, 1991, of at least 41,000 spectator seats;
  763         b. The sum of such expansions in permanent seating capacity
  764  does not exceed a total of 10 percent in any 5-year period and
  765  does not exceed a cumulative total of 20 percent for any such
  766  expansions; or
  767         c. The increase in additional improved parking facilities
  768  is a one-time addition and does not exceed 3,500 parking spaces
  769  serving the sports facility; and
  770         2. The local government having jurisdiction of the sports
  771  facility includes in the development order or development permit
  772  approving such expansion under this paragraph a finding of fact
  773  that the proposed expansion is consistent with the
  774  transportation, water, sewer and stormwater drainage provisions
  775  of the approved local comprehensive plan and local land
  776  development regulations relating to those provisions.
  778  Any owner or developer who intends to rely on this statutory
  779  exemption shall provide to the department a copy of the local
  780  government application for a development permit. Within 45 days
  781  of receipt of the application, the department shall render to
  782  the local government an advisory and nonbinding opinion, in
  783  writing, stating whether, in the department’s opinion, the
  784  prescribed conditions exist for an exemption under this
  785  paragraph. The local government shall render the development
  786  order approving each such expansion to the department. The
  787  owner, developer, or department may appeal the local government
  788  development order pursuant to s. 380.07, within 45 days after
  789  the order is rendered. The scope of review shall be limited to
  790  the determination of whether the conditions prescribed in this
  791  paragraph exist. If any sports facility expansion undergoes
  792  development-of-regional-impact review, all previous expansions
  793  which were exempt under this paragraph shall be included in the
  794  development-of-regional-impact review.
  795         (h) Expansion to port harbors, spoil disposal sites,
  796  navigation channels, turning basins, harbor berths, and other
  797  related inwater harbor facilities of ports listed in s.
  798  403.021(9)(b), port transportation facilities and projects
  799  listed in s. 311.07(3)(b), and intermodal transportation
  800  facilities identified pursuant to s. 311.09(3) are exempt from
  801  the provisions of this section when such expansions, projects,
  802  or facilities are consistent with comprehensive master plans
  803  that are in compliance with the provisions of s. 163.3178.
  804         (i) Any proposed facility for the storage of any petroleum
  805  product or any expansion of an existing facility is exempt from
  806  the provisions of this section.
  807         (j) Any renovation or redevelopment within the same land
  808  parcel which does not change land use or increase density or
  809  intensity of use.
  810         (k) Waterport and marina development, including dry storage
  811  facilities, are exempt from the provisions of this section.
  812         (l) Any proposed development within an urban service
  813  boundary established under s. 163.3177(14), which is not
  814  otherwise exempt pursuant to subsection (29), is exempt from the
  815  provisions of this section if the local government having
  816  jurisdiction over the area where the development is proposed has
  817  adopted the urban service boundary, has entered into a binding
  818  agreement with jurisdictions that would be impacted and with the
  819  Department of Transportation regarding the mitigation of impacts
  820  on state and regional transportation facilities, and has adopted
  821  a proportionate share methodology pursuant to s. 163.3180(16).
  822         (m) Any proposed development within a rural land
  823  stewardship area created under s. 163.3177(11)(d) is exempt from
  824  the provisions of this section if the local government that has
  825  adopted the rural land stewardship area has entered into a
  826  binding agreement with jurisdictions that would be impacted and
  827  the Department of Transportation regarding the mitigation of
  828  impacts on state and regional transportation facilities, and has
  829  adopted a proportionate share methodology pursuant to s.
  830  163.3180(16).
  831         (n) The establishment, relocation, or expansion of any
  832  military installation as defined in s. 163.3175, is exempt from
  833  this section.
  834         (o) Any self-storage warehousing that does not allow retail
  835  or other services is exempt from this section.
  836         (p) Any proposed nursing home or assisted living facility
  837  is exempt from this section.
  838         (q) Any development identified in an airport master plan
  839  and adopted into the comprehensive plan pursuant to s.
  840  163.3177(6)(k) is exempt from this section.
  841         (r) Any development identified in a campus master plan and
  842  adopted pursuant to s. 1013.30 is exempt from this section.
  843         (s) Any development in a specific area plan which is
  844  prepared pursuant to s. 163.3245 and adopted into the
  845  comprehensive plan is exempt from this section.
  846         (t) Any development within a county with a research and
  847  education authority created by special act and that is also
  848  within a research and development park that is operated or
  849  managed by a research and development authority pursuant to part
  850  V of chapter 159 is exempt from this section.
  852  If a use is exempt from review as a development of regional
  853  impact under paragraphs (a)-(s), but will be part of a larger
  854  project that is subject to review as a development of regional
  855  impact, the impact of the exempt use must be included in the
  856  review of the larger project, unless such exempt use involves a
  857  development of regional impact that includes a landowner,
  858  tenant, or user that has entered into a funding agreement with
  859  the Office of Tourism, Trade, and Economic Development under the
  860  Innovation Incentive Program and the agreement contemplates a
  861  state award of at least $50 million.
  863         (a) If the binding agreement referenced under paragraph
  864  (24)(l) for urban service boundaries is not entered into within
  865  12 months after establishment of the urban service boundary, the
  866  development-of-regional-impact review for projects within the
  867  urban service boundary must address transportation impacts only.
  868         (b) If the binding agreement referenced under paragraph
  869  (24)(m) for rural land stewardship areas is not entered into
  870  within 12 months after the designation of a rural land
  871  stewardship area, the development-of-regional-impact review for
  872  projects within the rural land stewardship area must address
  873  transportation impacts only.
  874         (c) If the binding agreement for designated urban infill
  875  and redevelopment areas is not entered into within 12 months
  876  after the designation of the area or July 1, 2007, whichever
  877  occurs later, the development-of-regional-impact review for
  878  projects within the urban infill and redevelopment area must
  879  address transportation impacts only.
  880         (d) A local government that does not wish to enter into a
  881  binding agreement or that is unable to agree on the terms of the
  882  agreement referenced under paragraph (24)(l) or paragraph
  883  (24)(m) shall provide written notification to the state land
  884  planning agency of the decision to not enter into a binding
  885  agreement or the failure to enter into a binding agreement
  886  within the 12-month period referenced in paragraphs (a), (b) and
  887  (c). Following the notification of the state land planning
  888  agency, development-of-regional-impact review for projects
  889  within an urban service boundary under paragraph (24)(l), or a
  890  rural land stewardship area under paragraph (24)(m), must
  891  address transportation impacts only.
  892         (e) The vesting provision of s. 163.3167(8) relating to an
  893  authorized development of regional impact shall not apply to
  894  those projects partially exempt from the development-of
  895  regional-impact review process under paragraphs (a)-(d).
  897         (a) The following are exempt from this section:
  898         1. Any proposed development in a municipality that
  899  qualifies as a dense urban land area as defined in s. 163.3164;
  900         2. Any proposed development within a county that qualifies
  901  as a dense urban land area as defined in s. 163.3164 and that is
  902  located within an urban service area as defined in s. 163.3164
  903  which has been adopted into the comprehensive plan; or
  904         3. Any proposed development within a county, including the
  905  municipalities located therein, which has a population of at
  906  least 900,000, which qualifies as a dense urban land area under
  907  s. 163.3164, but which does not have an urban service area
  908  designated in the comprehensive plan.
  909         (b) If a municipality that does not qualify as a dense
  910  urban land area pursuant to s. 163.3164 designates any of the
  911  following areas in its comprehensive plan, any proposed
  912  development within the designated area is exempt from the
  913  development-of-regional-impact process:
  914         1. Urban infill as defined in s. 163.3164;
  915         2. Community redevelopment areas as defined in s. 163.340;
  916         3. Downtown revitalization areas as defined in s. 163.3164;
  917         4. Urban infill and redevelopment under s. 163.2517; or
  918         5. Urban service areas as defined in s. 163.3164 or areas
  919  within a designated urban service boundary under s.
  920  163.3177(14).
  921         (c) If a county that does not qualify as a dense urban land
  922  area pursuant to s. 163.3164 designates any of the following
  923  areas in its comprehensive plan, any proposed development within
  924  the designated area is exempt from the development-of-regional
  925  impact process:
  926         1. Urban infill as defined in s. 163.3164;
  927         2. Urban infill and redevelopment under s. 163.2517; or
  928         3. Urban service areas as defined in s. 163.3164.
  929         (d) A development that is located partially outside an area
  930  that is exempt from the development-of-regional-impact program
  931  must undergo development-of-regional-impact review pursuant to
  932  this section.
  933         (e) In an area that is exempt under paragraphs (a)-(c), any
  934  previously approved development-of-regional-impact development
  935  orders shall continue to be effective, but the developer has the
  936  option to be governed by s. 380.115(1). A pending application
  937  for development approval shall be governed by s. 380.115(2). A
  938  development that has a pending application for a comprehensive
  939  plan amendment and that elects not to continue development-of
  940  regional-impact review is exempt from the limitation on plan
  941  amendments set forth in s. 163.3187(1) for the year following
  942  the effective date of the exemption.
  943         (f) Local governments must submit by mail a development
  944  order to the state land planning agency for projects that would
  945  be larger than 120 percent of any applicable development-of
  946  regional-impact threshold and would require development-of
  947  regional-impact review but for the exemption from the program
  948  under paragraphs (a)-(c). For such development orders, the state
  949  land planning agency may appeal the development order pursuant
  950  to s. 380.07 for inconsistency with the comprehensive plan
  951  adopted under chapter 163.
  952         (g) If a local government that qualifies as a dense urban
  953  land area under this subsection is subsequently found to be
  954  ineligible for designation as a dense urban land area, any
  955  development located within that area which has a complete,
  956  pending application for authorization to commence development
  957  may maintain the exemption if the developer is continuing the
  958  application process in good faith or the development is
  959  approved.
  960         (h) This subsection does not limit or modify the rights of
  961  any person to complete any development that has been authorized
  962  as a development of regional impact pursuant to this chapter.
  963         (i) This subsection does not apply to areas:
  964         1. Within the boundary of any area of critical state
  965  concern designated pursuant to s. 380.05;
  966         2. Within the boundary of the Wekiva Study Area as
  967  described in s. 369.316; or
  968         3. Within 2 miles of the boundary of the Everglades
  969  Protection Area as described in s. 373.4592(2).
  970         Section 12. Sections 13, 14, and 34 of chapter 2009-96,
  971  Laws of Florida, are reenacted to read:
  972         Section 13. (1)(a) The Legislature finds that the existing
  973  transportation concurrency system has not adequately addressed
  974  the transportation needs of this state in an effective,
  975  predictable, and equitable manner and is not producing a
  976  sustainable transportation system for the state. The Legislature
  977  finds that the current system is complex, inequitable, lacks
  978  uniformity among jurisdictions, is too focused on roadways to
  979  the detriment of desired land use patterns and transportation
  980  alternatives, and frequently prevents the attainment of
  981  important growth management goals.
  982         (b) The Legislature determines that the state shall
  983  evaluate and consider the implementation of a mobility fee to
  984  replace the existing transportation concurrency system. The
  985  mobility fee should be designed to provide for mobility needs,
  986  ensure that development provides mitigation for its impacts on
  987  the transportation system in approximate proportionality to
  988  those impacts, fairly distribute the fee among the governmental
  989  entities responsible for maintaining the impacted roadways, and
  990  promote compact, mixed-use, and energy-efficient development.
  991         (2) The state land planning agency and the Department of
  992  Transportation shall continue their respective current mobility
  993  fee studies and develop and submit to the President of the
  994  Senate and the Speaker of the House of Representatives, no later
  995  than December 1, 2009, a final joint report on the mobility fee
  996  methodology study, complete with recommended legislation and a
  997  plan to implement the mobility fee as a replacement for the
  998  existing local government adopted and implemented transportation
  999  concurrency management systems. The final joint report shall
 1000  also contain, but is not limited to, an economic analysis of
 1001  implementation of the mobility fee, activities necessary to
 1002  implement the fee, and potential costs and benefits at the state
 1003  and local levels and to the private sector.
 1004         Section 14. (1) Except as provided in subsection (4), and
 1005  in recognition of 2009 real estate market conditions, any permit
 1006  issued by the Department of Environmental Protection or a water
 1007  management district pursuant to part IV of chapter 373, Florida
 1008  Statutes, that has an expiration date of September 1, 2008,
 1009  through January 1, 2012, is extended and renewed for a period of
 1010  2 years following its date of expiration. This extension
 1011  includes any local government-issued development order or
 1012  building permit. The 2-year extension also applies to build out
 1013  dates including any build out date extension previously granted
 1014  under s. 380.06(19)(c), Florida Statutes. This section shall not
 1015  be construed to prohibit conversion from the construction phase
 1016  to the operation phase upon completion of construction.
 1017         (2) The commencement and completion dates for any required
 1018  mitigation associated with a phased construction project shall
 1019  be extended such that mitigation takes place in the same
 1020  timeframe relative to the phase as originally permitted.
 1021         (3) The holder of a valid permit or other authorization
 1022  that is eligible for the 2-year extension shall notify the
 1023  authorizing agency in writing no later than December 31, 2009,
 1024  identifying the specific authorization for which the holder
 1025  intends to use the extension and the anticipated timeframe for
 1026  acting on the authorization.
 1027         (4) The extension provided for in subsection (1) does not
 1028  apply to:
 1029         (a) A permit or other authorization under any programmatic
 1030  or regional general permit issued by the Army Corps of
 1031  Engineers.
 1032         (b) A permit or other authorization held by an owner or
 1033  operator determined to be in significant noncompliance with the
 1034  conditions of the permit or authorization as established through
 1035  the issuance of a warning letter or notice of violation, the
 1036  initiation of formal enforcement, or other equivalent action by
 1037  the authorizing agency.
 1038         (c) A permit or other authorization, if granted an
 1039  extension, that would delay or prevent compliance with a court
 1040  order.
 1041         (5) Permits extended under this section shall continue to
 1042  be governed by rules in effect at the time the permit was
 1043  issued, except when it can be demonstrated that the rules in
 1044  effect at the time the permit was issued would create an
 1045  immediate threat to public safety or health. This provision
 1046  shall apply to any modification of the plans, terms, and
 1047  conditions of the permit that lessens the environmental impact,
 1048  except that any such modification shall not extend the time
 1049  limit beyond 2 additional years.
 1050         (6) Nothing in this section shall impair the authority of a
 1051  county or municipality to require the owner of a property, that
 1052  has notified the county or municipality of the owner’s intention
 1053  to receive the extension of time granted by this section, to
 1054  maintain and secure the property in a safe and sanitary
 1055  condition in compliance with applicable laws and ordinances.
 1056         Section 34. The Legislature finds that this act fulfills an
 1057  important state interest.
 1058         Section 13. The Legislature finds that this act fulfills an
 1059  important state interest.
 1060         Section 14. This act shall take effect upon becoming a law,
 1061  and those portions of this act which were amended or created by
 1062  chapter 2009-96, Laws of Florida, shall operate retroactively to
 1063  June 1, 2009. If such retroactive application is held by a court
 1064  of last resort to be unconstitutional, this act shall apply
 1065  prospectively from the date that this act becomes a law.