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. 42 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, 52 53 Be It Enacted by the Legislature of the State of Florida: 54 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. 82 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. 616 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR 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.— 651 (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM. 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.— 693 (7) PREAPPLICATION PROCEDURES.— 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. 777 778 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. 851 852 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. 862 (28) PARTIAL STATUTORY EXEMPTIONS.— 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). 896 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.— 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.