CS/HB 7129

1	A bill to be entitled
2	An act relating to growth management; amending s.
3	163.3161, F.S.; redesignating the "Local Government
4	Comprehensive Planning and Land Development Regulation
5	Act" as the "Community Planning Act"; revising and
6	providing intent and purpose of act; amending s. 163.3164,
7	F.S.; revising definitions; amending s. 163.3167, F.S.;
8	revising scope of the act; revising and providing duties
9	of local governments and municipalities relating to
10	comprehensive plans; deleting retroactive effect; creating
11	s. 163.3168, F.S.; encouraging local governments to apply
12	for certain innovative planning tools; authorizing the
13	state land planning agency and other appropriate state and
14	regional agencies to use direct and indirect technical
15	assistance; amending s. 163.3171, F.S.; providing
16	legislative intent; amending s. 163.3174, F.S.; deleting
17	certain notice requirements relating to the establishment
18	of local planning agencies by a governing body; amending
19	s. 163.3175, F.S.; providing additional factors for local
20	government consideration in impacts to military
21	installations; clarifying requirements for adopting
22	criteria to address compatibility of lands relating to
23	military installations; amending s. 163.3177, F.S.;
24	revising and providing duties of local governments;
25	revising and providing required and optional elements of
26	comprehensive plans; revising requirements of schedules of
27	capital improvements; revising and providing provisions
28	relating to capital improvements elements; revising major
29	objectives of, and procedures relating to, the local
30	comprehensive planning process; revising and providing
31	required and optional elements of future land use plans;
32	providing required transportation elements; revising and
33	providing required conservation elements; revising and
34	providing required housing elements; revising and
35	providing required coastal management elements; revising
36	and providing required intergovernmental coordination
37	elements; amending s. 163.31777, F.S.; revising
38	requirements relating to public schools' interlocal
39	agreements; deleting duties of the Office of Educational
40	Facilities, the state land planning agency, and local
41	governments relating to such agreements; deleting an
42	exemption; amending s. 163.3178, F.S.; deleting a deadline
43	for local governments to amend coastal management elements
44	and future land use maps; amending s. 163.3180, F.S.;
45	revising and providing provisions relating to concurrency;
46	revising concurrency requirements; revising application
47	and findings; revising local government requirements;
48	revising and providing requirements relating to
49	transportation concurrency, transportation concurrency
50	exception areas, urban infill, urban redevelopment, urban
51	service, downtown revitalization areas, transportation
52	concurrency management areas, long-term transportation and
53	school concurrency management systems, development of
54	regional impact, school concurrency, service areas,
55	financial feasibility, interlocal agreements, and
56	multimodal transportation districts; revising duties of
57	the Office of Program Policy Analysis and the state land
58	planning agency; providing requirements for local plans;
59	providing for the limiting the liability of local
60	governments under certain conditions; amending s.
61	163.3182, F.S.; revising definitions; revising provisions
62	relating to transportation deficiency plans and projects;
63	amending s. 163.3184, F.S.; providing a definition;
64	providing requirements for comprehensive plans and plan
65	amendments; providing a expedited state review process for
66	adoption of comprehensive plan amendments; providing
67	requirements for the adoption of comprehensive plan
68	amendments; creating the state-coordinated review process;
69	providing and revising provisions relating to the review
70	process; revising requirements relating to local
71	government transmittal of proposed plan or amendments;
72	providing for comment by reviewing agencies; deleting
73	provisions relating to regional, county, and municipal
74	review; revising provisions relating to state land
75	planning agency review; revising provisions relating to
76	local government review of comments; deleting and revising
77	provisions relating to notice of intent and processes for
78	compliance and noncompliance; providing procedures for
79	administrative challenges to plans and plan amendments;
80	providing for compliance agreements; providing for
81	mediation and expeditious resolution; revising powers and
82	duties of the administration commission; revising
83	provisions relating to areas of critical state concern;
84	providing for concurrent zoning; amending s. 163.3187,
85	F.S.; deleting provisions relating to the amendment of
86	adopted comprehensive plan and providing the process for
87	adoption of small-scale comprehensive plan amendments;
88	repealing s. 163.3189, F.S., relating to process for
89	amendment of adopted comprehensive plan; amending s.
90	163.3191, F.S., relating to the evaluation and appraisal
91	of comprehensive plans; providing and revising local
92	government requirements including notice, amendments,
93	compliance, mediation, reports, and scoping meetings;
94	amending s. 163.3229, F.S.; revising limitations on
95	duration of development agreements; amending s. 163.3235,
96	F.S.; revising requirements for periodic reviews of a
97	development agreements; amending s. 163.3239, F.S.;
98	revising recording requirements; amending s. 163.3243,
99	F.S.; revising parties who may file an action for
100	injunctive relief; amending s. 163.3245, F.S.; revising
101	provisions relating to optional sector plans; authorizing
102	the adoption of sector plans under certain circumstances;
103	repealing s. 163.3246, F.S., relating to local government
104	comprehensive planning certification program; repealing s.
105	163.32465, F.S., relating to state review of local
106	comprehensive plans in urban areas; repealing s. 163.3247,
107	F.S., relating to the Century Commission for a Sustainable
108	Florida; creating s. 163.3248, F.S.; providing for the
109	designation of rural land stewardship areas; providing
110	purposes and requirements for the establishment of such
111	areas; providing for the creation of rural land
112	stewardship overlay zoning district and transferable rural
113	land use credits; providing certain limitation relating to
114	such credits; providing for incentives; providing
115	eligibility for incentives; providing legislative intent;
116	amending s. 380.06, F.S.; providing for extension of
117	certain expiration dates; revising exemptions governing
118	developments of regional impact; providing for temporary
119	increase in thresholds and substantial deviations;
120	providing a presumption; directing the Office of Program
121	Policy Analysis and Government Accountability to submit a
122	report and recommendations; revising provisions to conform
123	to changes made by this act; amending s. 380.0685, F.S.,
124	relating to use of surcharges for beach renourishment and
125	restoration; repealing Rules 9J-5 and 9J-11.023, Florida
126	Administrative Code, relating to minimum criteria for
127	review of local government comprehensive plans and plan
128	amendments, evaluation and appraisal reports, land
129	development regulations and determinations of compliance;
130	amending ss. 70.51, 163.06, 163.2517, 163.3162, 163.3217,
131	163.3220, 163.3221, 163.3229, 163.360, 163.516, 171.203,
132	186.513, 189.415, 190.004, 190.005, 193.501, 287.042,
133	288.063, 288.975, 290.0475, 311.07, 331.319, 339.155,
134	339.2819, 369.303, 369.321, 378.021, 380.06, 380.115,
135	380.031, 380.061, 380.065, 403.50665, 403.973, 420.5095,
136	420.615, 420.5095, 420.9071, 420.9076, 720.403, 1013.30,
137	1013.33, and 1013.35, F.S.; revising provisions to conform
138	to changes made by this act; extending permits and other
139	authorizations extended under s. 14, ch. 2009-96, Laws of
140	Florida; requiring the state land planning agency to
141	review certain administrative and judicial proceedings;
142	providing procedures for such review; affirming statutory
143	construction with respect to other legislation passed at
144	the same session; providing a directive of the Division of
145	Statutory Revision; providing an effective date.
146
147	Be It Enacted by the Legislature of the State of Florida:
148
149	Section 1.  Subsection (26) of section 70.51, Florida
150	Statutes, is amended to read:
151	70.51  Land use and environmental dispute resolution.-
152	(26)  A special magistrate's recommendation under this
153	section constitutes data in support of, and a support document
154	for, a comprehensive plan or comprehensive plan amendment, but
155	is not, in and of itself, dispositive of a determination of
156	compliance with chapter 163. Any comprehensive plan amendment
157	necessary to carry out the approved recommendation of a special
158	magistrate under this section is exempt from the twice-a-year
159	limit on plan amendments and may be adopted by the local
160	government amendments in s. 163.3184(16)(d).
161	Section 2.  Paragraphs (h) through (l) of subsection (3) of
162	section 163.06, Florida Statutes, are redesignated as paragraphs
163	(g) through (k), respectively, and present paragraph (g) of that
164	subsection is amended to read:
165	163.06  Miami River Commission.-
166	(3)  The policy committee shall have the following powers
167	and duties:
168	(g)  Coordinate a joint planning area agreement between the
169	Department of Community Affairs, the city, and the county under
170	the provisions of s. 163.3177(11)(a), (b), and (c).
171	Section 3.  Subsection (4) of section 163.2517, Florida
172	Statutes, is amended to read:
173	163.2517  Designation of urban infill and redevelopment
174	area.-
175	(4)  In order for a local government to designate an urban
176	infill and redevelopment area, it must amend its comprehensive
177	land use plan under s. 163.3187 to delineate the boundaries of
178	the urban infill and redevelopment area within the future land
179	use element of its comprehensive plan pursuant to its adopted
180	urban infill and redevelopment plan. The state land planning
181	agency shall review the boundary delineation of the urban infill
182	and redevelopment area in the future land use element under s.
183	163.3184. However, an urban infill and redevelopment plan
184	adopted by a local government is not subject to review for
185	compliance as defined by s. 163.3184(1)(b), and the local
186	government is not required to adopt the plan as a comprehensive
187	plan amendment. An amendment to the local comprehensive plan to
188	designate an urban infill and redevelopment area is exempt from
189	the twice-a-year amendment limitation of s. 163.3187.
190	Section 4.  Section 163.3161, Florida Statutes, is amended
191	to read:
192	163.3161  Short title; intent and purpose.-
193	(1)  This part shall be known and may be cited as the
194	"Community Local Government Comprehensive Planning and Land
195	Development Regulation Act."
196	(2)  In conformity with, and in furtherance of, the purpose
197	of the Florida Environmental Land and Water Management Act of
198	1972, chapter 380, It is the purpose of this act to utilize and
199	strengthen the existing role, processes, and powers of local
200	governments in the establishment and implementation of
201	comprehensive planning programs to guide and manage control
202	future development consistent with the proper role of local
203	government.
204	(3)  It is the intent of this act to focus the state role
205	in managing growth under this act to protecting the functions of
206	important state resources and facilities.
207	(4)  It is the intent of this act that the ability of its
208	adoption is necessary so that local governments to can preserve
209	and enhance present advantages; encourage the most appropriate
210	use of land, water, and resources, consistent with the public
211	interest; overcome present handicaps; and deal effectively with
212	future problems that may result from the use and development of
213	land within their jurisdictions. Through the process of
214	comprehensive planning, it is intended that units of local
215	government can preserve, promote, protect, and improve the
216	public health, safety, comfort, good order, appearance,
217	convenience, law enforcement and fire prevention, and general
218	welfare; prevent the overcrowding of land and avoid undue
219	concentration of population; facilitate the adequate and
220	efficient provision of transportation, water, sewerage, schools,
221	parks, recreational facilities, housing, and other requirements
222	and services; and conserve, develop, utilize, and protect
223	natural resources within their jurisdictions.
224	(5)(4)  It is the intent of this act to encourage and
225	ensure assure cooperation between and among municipalities and
226	counties and to encourage and assure coordination of planning
227	and development activities of units of local government with the
228	planning activities of regional agencies and state government in
229	accord with applicable provisions of law.
230	(6)(5)  It is the intent of this act that adopted
231	comprehensive plans shall have the legal status set out in this
232	act and that no public or private development shall be permitted
233	except in conformity with comprehensive plans, or elements or
234	portions thereof, prepared and adopted in conformity with this
235	act.
236	(7)(6)  It is the intent of this act that the activities of
237	units of local government in the preparation and adoption of
238	comprehensive plans, or elements or portions therefor, shall be
239	conducted in conformity with the provisions of this act.
240	(8)(7)  The provisions of this act in their interpretation
241	and application are declared to be the minimum requirements
242	necessary to accomplish the stated intent, purposes, and
243	objectives of this act; to protect human, environmental, social,
244	and economic resources; and to maintain, through orderly growth
245	and development, the character and stability of present and
246	future land use and development in this state.
247	(9)(8)  It is the intent of the Legislature that the repeal
248	of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
249	of Florida, and amendments to this part by this chapter law,
250	shall not be interpreted to limit or restrict the powers of
251	municipal or county officials, but shall be interpreted as a
252	recognition of their broad statutory and constitutional powers
253	to plan for and regulate the use of land. It is, further, the
254	intent of the Legislature to reconfirm that ss. 163.3161-
255	163.3248 163.3161 through 163.3215 have provided and do provide
256	the necessary statutory direction and basis for municipal and
257	county officials to carry out their comprehensive planning and
258	land development regulation powers, duties, and
259	responsibilities.
260	(10)(9)  It is the intent of the Legislature that all
261	governmental entities in this state recognize and respect
262	judicially acknowledged or constitutionally protected private
263	property rights. It is the intent of the Legislature that all
264	rules, ordinances, regulations, and programs adopted under the
265	authority of this act must be developed, promulgated,
266	implemented, and applied with sensitivity for private property
267	rights and not be unduly restrictive, and property owners must
268	be free from actions by others which would harm their property.
269	Full and just compensation or other appropriate relief must be
270	provided to any property owner for a governmental action that is
271	determined to be an invalid exercise of the police power which
272	constitutes a taking, as provided by law. Any such relief must
273	be determined in a judicial action.
274	(11)  It is the intent of this part that the traditional
275	economic base of this state, agriculture, tourism, and military
276	presence, be recognized and protected. Further, it is the intent
277	of this part to encourage economic diversification, workforce
278	development, and community planning.
279	(12)  It is the intent of this part that new statutory
280	requirements created by the Legislature will not require a local
281	government whose plan has been found to be in compliance with
282	this part to adopt amendments implementing the new statutory
283	requirements until the evaluation and appraisal period provided
284	in s. 163.3191, unless otherwise specified in law. However, any
285	new amendments must comply with the requirements of this part.
286	Section 5.  Subsections (2) through (5) of section
287	163.3162, Florida Statutes, are renumbered as subsections (1)
288	through (4), respectively, and present subsections (1) and (5)
289	of that section are amended to read:
290	163.3162  Agricultural Lands and Practices Act.-
291	(1)  SHORT TITLE.-This section may be cited as the
292	"Agricultural Lands and Practices Act."
293	(4)(5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.-
294	The owner of a parcel of land defined as an agricultural enclave
295	under s. 163.3164(33) may apply for an amendment to the local
296	government comprehensive plan pursuant to s. 163.3184 163.3187.
297	Such amendment is presumed not to be urban sprawl as defined in
298	s. 163.3164 if it includes consistent with rule 9J-5.006(5),
299	Florida Administrative Code, and may include land uses and
300	intensities of use that are consistent with the uses and
301	intensities of use of the industrial, commercial, or residential
302	areas that surround the parcel. This presumption may be rebutted
303	by clear and convincing evidence. Each application for a
304	comprehensive plan amendment under this subsection for a parcel
305	larger than 640 acres must include appropriate new urbanism
306	concepts such as clustering, mixed-use development, the creation
307	of rural village and city centers, and the transfer of
308	development rights in order to discourage urban sprawl while
309	protecting landowner rights.
310	(a)  The local government and the owner of a parcel of land
311	that is the subject of an application for an amendment shall
312	have 180 days following the date that the local government
313	receives a complete application to negotiate in good faith to
314	reach consensus on the land uses and intensities of use that are
315	consistent with the uses and intensities of use of the
316	industrial, commercial, or residential areas that surround the
317	parcel. Within 30 days after the local government's receipt of
318	such an application, the local government and owner must agree
319	in writing to a schedule for information submittal, public
320	hearings, negotiations, and final action on the amendment, which
321	schedule may thereafter be altered only with the written consent
322	of the local government and the owner. Compliance with the
323	schedule in the written agreement constitutes good faith
324	negotiations for purposes of paragraph (c).
325	(b)  Upon conclusion of good faith negotiations under
326	paragraph (a), regardless of whether the local government and
327	owner reach consensus on the land uses and intensities of use
328	that are consistent with the uses and intensities of use of the
329	industrial, commercial, or residential areas that surround the
330	parcel, the amendment must be transmitted to the state land
331	planning agency for review pursuant to s. 163.3184. If the local
332	government fails to transmit the amendment within 180 days after
333	receipt of a complete application, the amendment must be
334	immediately transferred to the state land planning agency for
335	such review at the first available transmittal cycle. A plan
336	amendment transmitted to the state land planning agency
337	submitted under this subsection is presumed not to be urban
338	sprawl as defined in s. 163.3164 consistent with rule 9J-
339	5.006(5), Florida Administrative Code. This presumption may be
340	rebutted by clear and convincing evidence.
341	(c)  If the owner fails to negotiate in good faith, a plan
342	amendment submitted under this subsection is not entitled to the
343	rebuttable presumption under this subsection in the negotiation
344	and amendment process.
345	(d)  Nothing within this subsection relating to
346	agricultural enclaves shall preempt or replace any protection
347	currently existing for any property located within the
348	boundaries of the following areas:
349	1.  The Wekiva Study Area, as described in s. 369.316; or
350	2.  The Everglades Protection Area, as defined in s.
351	373.4592(2).
352	Section 6.  Section 163.3164, Florida Statutes, is amended
353	to read:
354	163.3164  Community Local Government Comprehensive Planning
355	and Land Development Regulation Act; definitions.-As used in
356	this act:
357	(1)  "Administration Commission" means the Governor and the
358	Cabinet, and for purposes of this chapter the commission shall
359	act on a simple majority vote, except that for purposes of
360	imposing the sanctions provided in s. 163.3184(8)(11),
361	affirmative action shall require the approval of the Governor
362	and at least two three other members of the commission.
363	(2)  "Affordable housing" has the same meaning as in s.
364	420.0004(3).
365	(3)(33)  "Agricultural enclave" means an unincorporated,
366	undeveloped parcel that:
367	(a)  Is owned by a single person or entity;
368	(b)  Has been in continuous use for bona fide agricultural
369	purposes, as defined by s. 193.461, for a period of 5 years
370	prior to the date of any comprehensive plan amendment
371	application;
372	(c)  Is surrounded on at least 75 percent of its perimeter
373	by:
374	1.  Property that has existing industrial, commercial, or
375	residential development; or
376	2.  Property that the local government has designated, in
377	the local government's comprehensive plan, zoning map, and
378	future land use map, as land that is to be developed for
379	industrial, commercial, or residential purposes, and at least 75
380	percent of such property is existing industrial, commercial, or
381	residential development;
382	(d)  Has public services, including water, wastewater,
383	transportation, schools, and recreation facilities, available or
384	such public services are scheduled in the capital improvement
385	element to be provided by the local government or can be
386	provided by an alternative provider of local government
387	infrastructure in order to ensure consistency with applicable
388	concurrency provisions of s. 163.3180; and
389	(e)  Does not exceed 1,280 acres; however, if the property
390	is surrounded by existing or authorized residential development
391	that will result in a density at buildout of at least 1,000
392	residents per square mile, then the area shall be determined to
393	be urban and the parcel may not exceed 4,480 acres.
394	(4)  "Antiquated subdivision" means a subdivision that was
395	recorded or approved more than 20 years ago and that has
396	substantially failed to be built and the continued buildout of
397	the subdivision in accordance with the subdivision's zoning and
398	land use purposes would cause an imbalance of land uses and
399	would be detrimental to the local and regional economies and
400	environment, hinder current planning practices, and lead to
401	inefficient and fiscally irresponsible development patterns as
402	determined by the respective jurisdiction in which the
403	subdivision is located.
404	(5)(2)  "Area" or "area of jurisdiction" means the total
405	area qualifying under the provisions of this act, whether this
406	be all of the lands lying within the limits of an incorporated
407	municipality, lands in and adjacent to incorporated
408	municipalities, all unincorporated lands within a county, or
409	areas comprising combinations of the lands in incorporated
410	municipalities and unincorporated areas of counties.
411	(6)  "Capital improvement" means physical assets
412	constructed or purchased to provide, improve, or replace a
413	public facility and which are typically large scale and high in
414	cost. The cost of a capital improvement is generally
415	nonrecurring and may require multiyear financing. For the
416	purposes of this part, physical assets that have been identified
417	as existing or projected needs in the individual comprehensive
418	plan elements shall be considered capital improvements.
419	(7)(3)  "Coastal area" means the 35 coastal counties and
420	all coastal municipalities within their boundaries designated
421	coastal by the state land planning agency.
422	(8)  "Compatibility" means a condition in which land uses
423	or conditions can coexist in relative proximity to each other in
424	a stable fashion over time such that no use or condition is
425	unduly negatively impacted directly or indirectly by another use
426	or condition.
427	(9)(4)  "Comprehensive plan" means a plan that meets the
428	requirements of ss. 163.3177 and 163.3178.
429	(10)  "Deepwater ports" means the ports identified in s.
430	403.021(9).
431	(11)  "Density" means an objective measurement of the
432	number of people or residential units allowed per unit of land,
433	such as residents or employees per acre.
434	(12)(5)  "Developer" means any person, including a
435	governmental agency, undertaking any development as defined in
436	this act.
437	(13)(6)  "Development" has the same meaning as given it in
438	s. 380.04.
439	(14)(7)  "Development order" means any order granting,
440	denying, or granting with conditions an application for a
441	development permit.
442	(15)(8)  "Development permit" includes any building permit,
443	zoning permit, subdivision approval, rezoning, certification,
444	special exception, variance, or any other official action of
445	local government having the effect of permitting the development
446	of land.
447	(16)(25)  "Downtown revitalization" means the physical and
448	economic renewal of a central business district of a community
449	as designated by local government, and includes both downtown
450	development and redevelopment.
451	(17)  "Floodprone areas" means areas inundated during a
452	100-year flood event or areas identified by the National Flood
453	Insurance Program as an A Zone on flood insurance rate maps or
454	flood hazard boundary maps.
455	(18)  "Goal" means the long-term end toward which programs
456	or activities are ultimately directed.
457	(19)(9)  "Governing body" means the board of county
458	commissioners of a county, the commission or council of an
459	incorporated municipality, or any other chief governing body of
460	a unit of local government, however designated, or the
461	combination of such bodies where joint utilization of the
462	provisions of this act is accomplished as provided herein.
463	(20)(10)  "Governmental agency" means:
464	(a)  The United States or any department, commission,
465	agency, or other instrumentality thereof.
466	(b)  This state or any department, commission, agency, or
467	other instrumentality thereof.
468	(c)  Any local government, as defined in this section, or
469	any department, commission, agency, or other instrumentality
470	thereof.
471	(d)  Any school board or other special district, authority,
472	or governmental entity.
473	(21)  "Intensity" means an objective measurement of the
474	extent to which land may be developed or used, including the
475	consumption or use of the space above, on, or below ground; the
476	measurement of the use of or demand on natural resources; and
477	the measurement of the use of or demand on facilities and
478	services.
479	(22)  "Internal trip capture" means trips generated by a
480	mixed-use project that travel from one on-site land use to
481	another on-site land use without using the external road
482	network.
483	(23)(11)  "Land" means the earth, water, and air, above,
484	below, or on the surface, and includes any improvements or
485	structures customarily regarded as land.
486	(24)(22)  "Land development regulation commission" means a
487	commission designated by a local government to develop and
488	recommend, to the local governing body, land development
489	regulations which implement the adopted comprehensive plan and
490	to review land development regulations, or amendments thereto,
491	for consistency with the adopted plan and report to the
492	governing body regarding its findings. The responsibilities of
493	the land development regulation commission may be performed by
494	the local planning agency.
495	(25)(23)  "Land development regulations" means ordinances
496	enacted by governing bodies for the regulation of any aspect of
497	development and includes any local government zoning, rezoning,
498	subdivision, building construction, or sign regulations or any
499	other regulations controlling the development of land, except
500	that this definition does shall not apply in s. 163.3213.
501	(26)(12)  "Land use" means the development that has
502	occurred on the land, the development that is proposed by a
503	developer on the land, or the use that is permitted or
504	permissible on the land under an adopted comprehensive plan or
505	element or portion thereof, land development regulations, or a
506	land development code, as the context may indicate.
507	(27)  "Level of service" means an indicator of the extent
508	or degree of service provided by, or proposed to be provided by,
509	a facility based on and related to the operational
510	characteristics of the facility. Level of service shall indicate
511	the capacity per unit of demand for each public facility.
512	(28)(13)  "Local government" means any county or
513	municipality.
514	(29)(14)  "Local planning agency" means the agency
515	designated to prepare the comprehensive plan or plan amendments
516	required by this act.
517	(30)(15)  A "Newspaper of general circulation" means a
518	newspaper published at least on a weekly basis and printed in
519	the language most commonly spoken in the area within which it
520	circulates, but does not include a newspaper intended primarily
521	for members of a particular professional or occupational group,
522	a newspaper whose primary function is to carry legal notices, or
523	a newspaper that is given away primarily to distribute
524	advertising.
525	(31)  "New town" means an urban activity center and
526	community designated on the future land use map of sufficient
527	size, population and land use composition to support a variety
528	of economic and social activities consistent with an urban area
529	designation. New towns shall include basic economic activities;
530	all major land use categories, with the possible exception of
531	agricultural and industrial; and a centrally provided full range
532	of public facilities and services that demonstrate internal trip
533	capture. A new town shall be based on a master development plan.
534	(32)  "Objective" means a specific, measurable,
535	intermediate end that is achievable and marks progress toward a
536	goal.
537	(33)(16)  "Parcel of land" means any quantity of land
538	capable of being described with such definiteness that its
539	locations and boundaries may be established, which is designated
540	by its owner or developer as land to be used, or developed as, a
541	unit or which has been used or developed as a unit.
542	(34)(17)  "Person" means an individual, corporation,
543	governmental agency, business trust, estate, trust, partnership,
544	association, two or more persons having a joint or common
545	interest, or any other legal entity.
546	(35)  "Policy" means the way in which programs and
547	activities are conducted to achieve an identified goal.
548	(36)(28)  "Projects that promote public transportation"
549	means projects that directly affect the provisions of public
550	transit, including transit terminals, transit lines and routes,
551	separate lanes for the exclusive use of public transit services,
552	transit stops (shelters and stations), office buildings or
553	projects that include fixed-rail or transit terminals as part of
554	the building, and projects which are transit oriented and
555	designed to complement reasonably proximate planned or existing
556	public facilities.
557	(37)(24)  "Public facilities" means major capital
558	improvements, including, but not limited to, transportation,
559	sanitary sewer, solid waste, drainage, potable water,
560	educational, parks and recreational, and health systems and
561	facilities, and spoil disposal sites for maintenance dredging
562	located in the intracoastal waterways, except for spoil disposal
563	sites owned or used by ports listed in s. 403.021(9)(b).
564	(38)(18)  "Public notice" means notice as required by s.
565	125.66(2) for a county or by s. 166.041(3)(a) for a
566	municipality. The public notice procedures required in this part
567	are established as minimum public notice procedures.
568	(39)(19)  "Regional planning agency" means the council
569	created pursuant to chapter 186 agency designated by the state
570	land planning agency to exercise responsibilities under law in a
571	particular region of the state.
572	(40)  "Seasonal population" means part-time inhabitants who
573	use, or may be expected to use, public facilities or services,
574	but are not residents and includes tourists, migrant
575	farmworkers, and other short-term and long-term visitors.
576	(41)(31)  "Optional Sector plan" means the an optional
577	process authorized by s. 163.3245 in which one or more local
578	governments engage in long-term planning for a large area and by
579	agreement with the state land planning agency are allowed to
580	address regional development-of-regional-impact issues through
581	adoption of detailed specific area plans within the planning
582	area within certain designated geographic areas identified in
583	the local comprehensive plan as a means of fostering innovative
584	planning and development strategies in s. 163.3177(11)(a) and
585	(b), furthering the purposes of this part and part I of chapter
586	380, reducing overlapping data and analysis requirements,
587	protecting regionally significant resources and facilities, and
588	addressing extrajurisdictional impacts. The term includes an
589	optional sector plan that was adopted before the effective date
590	of this act.
591	(42)(20)  "State land planning agency" means the Department
592	of Community Affairs.
593	(43)(21)  "Structure" has the same meaning as in given it
594	by s. 380.031(19).
595	(44)  "Suitability" means the degree to which the existing
596	characteristics and limitations of land and water are compatible
597	with a proposed use or development.
598	(45)  "Transit-oriented development" means a project or
599	projects, in areas identified in a local government
600	comprehensive plan, that is or will be served by existing or
601	planned transit service. These designated areas shall be
602	compact, moderate to high density developments, of mixed-use
603	character, interconnected with other land uses, bicycle and
604	pedestrian friendly, and designed to support frequent transit
605	service operating through, collectively or separately, rail,
606	fixed guideway, streetcar, or bus systems on dedicated
607	facilities or available roadway connections.
608	(46)(30)  "Transportation corridor management" means the
609	coordination of the planning of designated future transportation
610	corridors with land use planning within and adjacent to the
611	corridor to promote orderly growth, to meet the concurrency
612	requirements of this chapter, and to maintain the integrity of
613	the corridor for transportation purposes.
614	(47)(27)  "Urban infill" means the development of vacant
615	parcels in otherwise built-up areas where public facilities such
616	as sewer systems, roads, schools, and recreation areas are
617	already in place and the average residential density is at least
618	five dwelling units per acre, the average nonresidential
619	intensity is at least a floor area ratio of 1.0 and vacant,
620	developable land does not constitute more than 10 percent of the
621	area.
622	(48)(26)  "Urban redevelopment" means demolition and
623	reconstruction or substantial renovation of existing buildings
624	or infrastructure within urban infill areas, existing urban
625	service areas, or community redevelopment areas created pursuant
626	to part III.
627	(49)(29)  "Urban service area" means built-up areas
628	identified in the comprehensive plan where public facilities and
629	services, including, but not limited to, central water and sewer
630	capacity and roads, are already in place or are identified in
631	the capital improvements element committed in the first 3 years
632	of the capital improvement schedule. In addition, for counties
633	that qualify as dense urban land areas under subsection (34),
634	the nonrural area of a county which has adopted into the county
635	charter a rural area designation or areas identified in the
636	comprehensive plan as urban service areas or urban growth
637	boundaries on or before July 1, 2009, are also urban service
638	areas under this definition.
639	(50)  "Urban sprawl" means a development pattern
640	characterized by low density, automobile-dependent development
641	with either a single use or multiple uses that are not
642	functionally related, requiring the extension of public
643	facilities and services in an inefficient manner, and failing to
644	provide a clear separation between urban and rural uses.
645	(32)  "Financial feasibility" means that sufficient
646	revenues are currently available or will be available from
647	committed funding sources for the first 3 years, or will be
648	available from committed or planned funding sources for years 4
649	and 5, of a 5-year capital improvement schedule for financing
650	capital improvements, such as ad valorem taxes, bonds, state and
651	federal funds, tax revenues, impact fees, and developer
652	contributions, which are adequate to fund the projected costs of
653	the capital improvements identified in the comprehensive plan
654	necessary to ensure that adopted level-of-service standards are
655	achieved and maintained within the period covered by the 5-year
656	schedule of capital improvements. A comprehensive plan shall be
657	deemed financially feasible for transportation and school
658	facilities throughout the planning period addressed by the
659	capital improvements schedule if it can be demonstrated that the
660	level-of-service standards will be achieved and maintained by
661	the end of the planning period even if in a particular year such
662	improvements are not concurrent as required by s. 163.3180.
663	(34)  "Dense urban land area" means:
664	(a)  A municipality that has an average of at least 1,000
665	people per square mile of land area and a minimum total
666	population of at least 5,000;
667	(b)  A county, including the municipalities located
668	therein, which has an average of at least 1,000 people per
669	square mile of land area; or
670	(c)  A county, including the municipalities located
671	therein, which has a population of at least 1 million.
672
673	The Office of Economic and Demographic Research within the
674	Legislature shall annually calculate the population and density
675	criteria needed to determine which jurisdictions qualify as
676	dense urban land areas by using the most recent land area data
677	from the decennial census conducted by the Bureau of the Census
678	of the United States Department of Commerce and the latest
679	available population estimates determined pursuant to s.
680	186.901. If any local government has had an annexation,
681	contraction, or new incorporation, the Office of Economic and
682	Demographic Research shall determine the population density
683	using the new jurisdictional boundaries as recorded in
684	accordance with s. 171.091. The Office of Economic and
685	Demographic Research shall submit to the state land planning
686	agency a list of jurisdictions that meet the total population
687	and density criteria necessary for designation as a dense urban
688	land area by July 1, 2009, and every year thereafter. The state
689	land planning agency shall publish the list of jurisdictions on
690	its Internet website within 7 days after the list is received.
691	The designation of jurisdictions that qualify or do not qualify
692	as a dense urban land area is effective upon publication on the
693	state land planning agency's Internet website.
694	Section 7.  Section 163.3167, Florida Statutes, is amended
695	to read:
696	163.3167  Scope of act.-
697	(1)  The several incorporated municipalities and counties
698	shall have power and responsibility:
699	(a)  To plan for their future development and growth.
700	(b)  To adopt and amend comprehensive plans, or elements or
701	portions thereof, to guide their future development and growth.
702	(c)  To implement adopted or amended comprehensive plans by
703	the adoption of appropriate land development regulations or
704	elements thereof.
705	(d)  To establish, support, and maintain administrative
706	instruments and procedures to carry out the provisions and
707	purposes of this act.
708
709	The powers and authority set out in this act may be employed by
710	municipalities and counties individually or jointly by mutual
711	agreement in accord with the provisions of this act and in such
712	combinations as their common interests may dictate and require.
713	(2)  Each local government shall maintain prepare a
714	comprehensive plan of the type and in the manner set out in this
715	part or prepare amendments to its existing comprehensive plan to
716	conform it to the requirements of this part and in the manner
717	set out in this part. In accordance with s. 163.3184, each local
718	government shall submit to the state land planning agency its
719	complete proposed comprehensive plan or its complete
720	comprehensive plan as proposed to be amended.
721	(3)  When a local government has not prepared all of the
722	required elements or has not amended its plan as required by
723	subsection (2), the regional planning agency having
724	responsibility for the area in which the local government lies
725	shall prepare and adopt by rule, pursuant to chapter 120, the
726	missing elements or adopt by rule amendments to the existing
727	plan in accordance with this act by July 1, 1989, or within 1
728	year after the dates specified or provided in subsection (2) and
729	the state land planning agency review schedule, whichever is
730	later. The regional planning agency shall provide at least 90
731	days' written notice to any local government whose plan it is
732	required by this subsection to prepare, prior to initiating the
733	planning process. At least 90 days before the adoption by the
734	regional planning agency of a comprehensive plan, or element or
735	portion thereof, pursuant to this subsection, the regional
736	planning agency shall transmit a copy of the proposed
737	comprehensive plan, or element or portion thereof, to the local
738	government and the state land planning agency for written
739	comment. The state land planning agency shall review and comment
740	on such plan, or element or portion thereof, in accordance with
741	s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
742	applicable to the regional planning agency as if it were a
743	governing body. Existing comprehensive plans shall remain in
744	effect until they are amended pursuant to subsection (2), this
745	subsection, s. 163.3187, or s. 163.3189.
746	(3)(4)  A municipality established after the effective date
747	of this act shall, within 1 year after incorporation, establish
748	a local planning agency, pursuant to s. 163.3174, and prepare
749	and adopt a comprehensive plan of the type and in the manner set
750	out in this act within 3 years after the date of such
751	incorporation. A county comprehensive plan shall be deemed
752	controlling until the municipality adopts a comprehensive plan
753	in accord with the provisions of this act. If, upon the
754	expiration of the 3-year time limit, the municipality has not
755	adopted a comprehensive plan, the regional planning agency shall
756	prepare and adopt a comprehensive plan for such municipality.
757	(4)(5)  Any comprehensive plan, or element or portion
758	thereof, adopted pursuant to the provisions of this act, which
759	but for its adoption after the deadlines established pursuant to
760	previous versions of this act would have been valid, shall be
761	valid.
762	(6)  When a regional planning agency is required to prepare
763	or amend a comprehensive plan, or element or portion thereof,
764	pursuant to subsections (3) and (4), the regional planning
765	agency and the local government may agree to a method of
766	compensating the regional planning agency for any verifiable,
767	direct costs incurred. If an agreement is not reached within 6
768	months after the date the regional planning agency assumes
769	planning responsibilities for the local government pursuant to
770	subsections (3) and (4) or by the time the plan or element, or
771	portion thereof, is completed, whichever is earlier, the
772	regional planning agency shall file invoices for verifiable,
773	direct costs involved with the governing body. Upon the failure
774	of the local government to pay such invoices within 90 days, the
775	regional planning agency may, upon filing proper vouchers with
776	the Chief Financial Officer, request payment by the Chief
777	Financial Officer from unencumbered revenue or other tax sharing
778	funds due such local government from the state for work actually
779	performed, and the Chief Financial Officer shall pay such
780	vouchers; however, the amount of such payment shall not exceed
781	50 percent of such funds due such local government in any one
782	year.
783	(7)  A local government that is being requested to pay
784	costs may seek an administrative hearing pursuant to ss. 120.569
785	and 120.57 to challenge the amount of costs and to determine if
786	the statutory prerequisites for payment have been complied with.
787	Final agency action shall be taken by the state land planning
788	agency. Payment shall be withheld as to disputed amounts until
789	proceedings under this subsection have been completed.
790	(5)(8)  Nothing in this act shall limit or modify the
791	rights of any person to complete any development that has been
792	authorized as a development of regional impact pursuant to
793	chapter 380 or who has been issued a final local development
794	order and development has commenced and is continuing in good
795	faith.
796	(6)(9)  The Reedy Creek Improvement District shall exercise
797	the authority of this part as it applies to municipalities,
798	consistent with the legislative act under which it was
799	established, for the total area under its jurisdiction.
800	(7)(10)  Nothing in this part shall supersede any provision
801	of ss. 341.8201-341.842.
802	(11)  Each local government is encouraged to articulate a
803	vision of the future physical appearance and qualities of its
804	community as a component of its local comprehensive plan. The
805	vision should be developed through a collaborative planning
806	process with meaningful public participation and shall be
807	adopted by the governing body of the jurisdiction. Neighboring
808	communities, especially those sharing natural resources or
809	physical or economic infrastructure, are encouraged to create
810	collective visions for greater-than-local areas. Such collective
811	visions shall apply in each city or county only to the extent
812	that each local government chooses to make them applicable. The
813	state land planning agency shall serve as a clearinghouse for
814	creating a community vision of the future and may utilize the
815	Growth Management Trust Fund, created by s. 186.911, to provide
816	grants to help pay the costs of local visioning programs. When a
817	local vision of the future has been created, a local government
818	should review its comprehensive plan, land development
819	regulations, and capital improvement program to ensure that
820	these instruments will help to move the community toward its
821	vision in a manner consistent with this act and with the state
822	comprehensive plan. A local or regional vision must be
823	consistent with the state vision, when adopted, and be
824	internally consistent with the local or regional plan of which
825	it is a component. The state land planning agency shall not
826	adopt minimum criteria for evaluating or judging the form or
827	content of a local or regional vision.
828	(8)(12)  An initiative or referendum process in regard to
829	any development order or in regard to any local comprehensive
830	plan amendment or map amendment that affects five or fewer
831	parcels of land is prohibited.
832	(9)(13)  Each local government shall address in its
833	comprehensive plan, as enumerated in this chapter, the water
834	supply sources necessary to meet and achieve the existing and
835	projected water use demand for the established planning period,
836	considering the applicable plan developed pursuant to s.
837	373.709.
838	(10)(14)(a)  If a local government grants a development
839	order pursuant to its adopted land development regulations and
840	the order is not the subject of a pending appeal and the
841	timeframe for filing an appeal has expired, the development
842	order may not be invalidated by a subsequent judicial
843	determination that such land development regulations, or any
844	portion thereof that is relevant to the development order, are
845	invalid because of a deficiency in the approval standards.
846	(b)  This subsection does not preclude or affect the timely
847	institution of any other remedy available at law or equity,
848	including a common law writ of certiorari proceeding pursuant to
849	Rule 9.190, Florida Rules of Appellate Procedure, or an original
850	proceeding pursuant to s. 163.3215, as applicable.
851	(c)  This subsection applies retroactively to any
852	development order granted on or after January 1, 2002.
853	Section 8.  Section 163.3168, Florida Statutes, is created
854	to read:
855	163.3168  Planning innovations and technical assistance.-
856	(1)  The Legislature recognizes the need for innovative
857	planning and development strategies to promote a diverse economy
858	and vibrant rural and urban communities, while protecting
859	environmentally sensitive areas. The Legislature further
860	recognizes the substantial advantages of innovative approaches
861	to development directed to meet the needs of urban, rural, and
862	suburban areas.
863	(2)  Local governments are encouraged to apply innovative
864	planning tools, including, but not limited to, visioning, sector
865	planning, and rural land stewardship area designations to
866	address future new development areas, urban service area
867	designations, urban growth boundaries, and mixed-use, high-
868	density development in urban areas.
869	(3)  The state land planning agency shall help communities
870	find creative solutions to fostering vibrant, healthy
871	communities, while protecting the functions of important state
872	resources and facilities. The state land planning agency and all
873	other appropriate state and regional agencies may use various
874	means to provide direct and indirect technical assistance within
875	available resources. If plan amendments may adversely impact
876	important state resources or facilities, upon request by the
877	local government, the state land planning agency shall
878	coordinate multi-agency assistance, if needed, in developing an
879	amendment to minimize impacts on such resources or facilities.
880	Section 9.  Subsection (4) of section 163.3171, Florida
881	Statutes, is amended to read:
882	163.3171  Areas of authority under this act.-
883	(4)  The state land planning agency and a Local governments
884	may government shall have the power to enter into agreements
885	with each other and to agree together to enter into agreements
886	with a landowner, developer, or governmental agency as may be
887	necessary or desirable to effectuate the provisions and purposes
888	of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
889	and 163.3248. It is the Legislature's intent that joint
890	agreements entered into under the authority of this section be
891	liberally, broadly, and flexibly construed to facilitate
892	intergovernmental cooperation between cities and counties and to
893	encourage planning in advance of jurisdictional changes. Joint
894	agreements, executed before or after the effective date of this
895	act, include, but are not limited to, agreements that
896	contemplate municipal adoption of plans or plan amendments for
897	lands in advance of annexation of such lands into the
898	municipality, and may permit municipalities and counties to
899	exercise nonexclusive extrajurisdictional authority within
900	incorporated and unincorporated areas. The state land planning
901	agency may not interpret, invalidate, or declare inoperative
902	such joint agreements, and the validity of joint agreements may
903	not be a basis for finding plans or plan amendments not in
904	compliance pursuant to chapter law.
905	Section 10.  Subsection (1) of section 163.3174, Florida
906	Statutes, is amended to read:
907	163.3174  Local planning agency.-
908	(1)  The governing body of each local government,
909	individually or in combination as provided in s. 163.3171, shall
910	designate and by ordinance establish a "local planning agency,"
911	unless the agency is otherwise established by law.
912	Notwithstanding any special act to the contrary, all local
913	planning agencies or equivalent agencies that first review
914	rezoning and comprehensive plan amendments in each municipality
915	and county shall include a representative of the school district
916	appointed by the school board as a nonvoting member of the local
917	planning agency or equivalent agency to attend those meetings at
918	which the agency considers comprehensive plan amendments and
919	rezonings that would, if approved, increase residential density
920	on the property that is the subject of the application. However,
921	this subsection does not prevent the governing body of the local
922	government from granting voting status to the school board
923	member. The governing body may designate itself as the local
924	planning agency pursuant to this subsection with the addition of
925	a nonvoting school board representative. The governing body
926	shall notify the state land planning agency of the establishment
927	of its local planning agency. All local planning agencies shall
928	provide opportunities for involvement by applicable community
929	college boards, which may be accomplished by formal
930	representation, membership on technical advisory committees, or
931	other appropriate means. The local planning agency shall prepare
932	the comprehensive plan or plan amendment after hearings to be
933	held after public notice and shall make recommendations to the
934	governing body regarding the adoption or amendment of the plan.
935	The agency may be a local planning commission, the planning
936	department of the local government, or other instrumentality,
937	including a countywide planning entity established by special
938	act or a council of local government officials created pursuant
939	to s. 163.02, provided the composition of the council is fairly
940	representative of all the governing bodies in the county or
941	planning area; however:
942	(a)  If a joint planning entity is in existence on the
943	effective date of this act which authorizes the governing bodies
944	to adopt and enforce a land use plan effective throughout the
945	joint planning area, that entity shall be the agency for those
946	local governments until such time as the authority of the joint
947	planning entity is modified by law.
948	(b)  In the case of chartered counties, the planning
949	responsibility between the county and the several municipalities
950	therein shall be as stipulated in the charter.
951	Section 11.  Subsections (6) and (9) of section 163.3175,
952	Florida Statutes, are amended to read:
953	163.3175  Legislative findings on compatibility of
954	development with military installations; exchange of information
955	between local governments and military installations.-
956	(6)  The affected local government shall take into
957	consideration any comments provided by the commanding officer or
958	his or her designee pursuant to subsection (4) and must also be
959	sensitive to private property rights and not be unduly
960	restrictive on those rights. The affected local government shall
961	forward a copy of any comments regarding comprehensive plan
962	amendments to the state land planning agency.
963	(9)  If a local government, as required under s.
964	163.3177(6)(a), does not adopt criteria and address
965	compatibility of lands adjacent to or closely proximate to
966	existing military installations in its future land use plan
967	element by June 30, 2012, the local government, the military
968	installation, the state land planning agency, and other parties
969	as identified by the regional planning council, including, but
970	not limited to, private landowner representatives, shall enter
971	into mediation conducted pursuant to s. 186.509. If the local
972	government comprehensive plan does not contain criteria
973	addressing compatibility by December 31, 2013, the agency may
974	notify the Administration Commission. The Administration
975	Commission may impose sanctions pursuant to s. 163.3184(8)(11).
976	Any local government that amended its comprehensive plan to
977	address military installation compatibility requirements after
978	2004 and was found to be in compliance is deemed to be in
979	compliance with this subsection until the local government
980	conducts its evaluation and appraisal review pursuant to s.
981	163.3191 and determines that amendments are necessary to meet
982	updated general law requirements.
983	Section 12.  Section 163.3177, Florida Statutes, is amended
984	to read:
985	163.3177  Required and optional elements of comprehensive
986	plan; studies and surveys.-
987	(1)  The comprehensive plan shall provide the consist of
988	materials in such descriptive form, written or graphic, as may
989	be appropriate to the prescription of principles, guidelines,
990	and standards, and strategies for the orderly and balanced
991	future economic, social, physical, environmental, and fiscal
992	development of the area that reflects community commitments to
993	implement the plan and its elements. These principles and
994	strategies shall guide future decisions in a consistent manner
995	and shall contain programs and activities to ensure
996	comprehensive plans are implemented. The sections of the
997	comprehensive plan containing the principles and strategies,
998	generally provided as goals, objectives, and policies, shall
999	describe how the local government's programs, activities, and
1000	land development regulations will be initiated, modified, or
1001	continued to implement the comprehensive plan in a consistent
1002	manner. It is not the intent of this part to require the
1003	inclusion of implementing regulations in the comprehensive plan
1004	but rather to require identification of those programs,
1005	activities, and land development regulations that will be part
1006	of the strategy for implementing the comprehensive plan and the
1007	principles that describe how the programs, activities, and land
1008	development regulations will be carried out. The plan shall
1009	establish meaningful and predictable standards for the use and
1010	development of land and provide meaningful guidelines for the
1011	content of more detailed land development and use regulations.
1012	(a)  The comprehensive plan shall consist of elements as
1013	described in this section, and may include optional elements.
1014	(b)  A local government may include, as part of its adopted
1015	plan, documents adopted by reference but not incorporated
1016	verbatim into the plan. The adoption by reference must identify
1017	the title and author of the document and indicate clearly what
1018	provisions and edition of the document is being adopted.
1019	(c)  The format of these principles and guidelines is at
1020	the discretion of the local government, but typically is
1021	expressed in goals, objectives, policies, and strategies.
1022	(d)  Proposed elements shall identify procedures for
1023	monitoring, evaluating, and appraising implementation of the
1024	plan.
1025	(e)  When a federal, state, or regional agency has
1026	implemented a regulatory program, a local government is not
1027	required to duplicate or exceed that regulatory program in its
1028	local comprehensive plan.
1029	(f)  All mandatory and optional elements of the
1030	comprehensive plan and plan amendments shall be based upon a
1031	justification by the local government that may include, but not
1032	be limited to, surveys, studies, community goals and vision, and
1033	other data available at the time of adoption of the
1034	comprehensive plan or plan amendment. To be based on data means
1035	to react to it in an appropriate way and to the extent necessary
1036	indicated by the data available on that particular subject at
1037	the time of adoption of the plan or plan amendment at issue.
1038	1.  Surveys, studies, and data utilized in the preparation
1039	of the comprehensive plan may not be deemed a part of the
1040	comprehensive plan unless adopted as a part of it. Copies of
1041	such studies, surveys, data, and supporting documents shall be
1042	made available for public inspection, and copies of such plans
1043	shall be made available to the public upon payment of reasonable
1044	charges for reproduction. Support data or summaries are not
1045	subject to the compliance review process, but the comprehensive
1046	plan must be clearly based on appropriate data. Support data or
1047	summaries may be used to aid in the determination of compliance
1048	and consistency.
1049	2.  Data must be taken from professionally accepted
1050	sources. The application of a methodology utilized in data
1051	collection or whether a particular methodology is professionally
1052	accepted may be evaluated. However, the evaluation may not
1053	include whether one accepted methodology is better than another.
1054	Original data collection by local governments is not required.
1055	However, local governments may use original data so long as
1056	methodologies are professionally accepted.
1057	3.  The comprehensive plan shall be based upon resident and
1058	seasonal population estimates and projections, which shall
1059	either be those provided by the University of Florida's Bureau
1060	of Economic and Business Research or generated by the local
1061	government based upon a professionally acceptable methodology.
1062	The plan must be based on at least the minimum amount of land
1063	required to accommodate the medium projections of the University
1064	of Florida's Bureau of Economic and Business Research for at
1065	least a 10-year planning period unless otherwise limited under
1066	s. 380.05, including related rules of the Administration
1067	Commission.
1068	(2)  Coordination of the several elements of the local
1069	comprehensive plan shall be a major objective of the planning
1070	process. The several elements of the comprehensive plan shall be
1071	consistent. Where data is relevant to several elements,
1072	consistent data shall be used, including population estimates
1073	and projections unless alternative data can be justified for a
1074	plan amendment through new supporting data and analysis. Each
1075	map depicting future conditions must reflect the principles,
1076	guidelines, and standards within all elements and each such map
1077	must be contained within the comprehensive plan, and the
1078	comprehensive plan shall be financially feasible. Financial
1079	feasibility shall be determined using professionally accepted
1080	methodologies and applies to the 5-year planning period, except
1081	in the case of a long-term transportation or school concurrency
1082	management system, in which case a 10-year or 15-year period
1083	applies.
1084	(3)(a)  The comprehensive plan shall contain a capital
1085	improvements element designed to consider the need for and the
1086	location of public facilities in order to encourage the
1087	efficient use of such facilities and set forth:
1088	1.  A component that outlines principles for construction,
1089	extension, or increase in capacity of public facilities, as well
1090	as a component that outlines principles for correcting existing
1091	public facility deficiencies, which are necessary to implement
1092	the comprehensive plan. The components shall cover at least a 5-
1093	year period.
1094	2.  Estimated public facility costs, including a
1095	delineation of when facilities will be needed, the general
1096	location of the facilities, and projected revenue sources to
1097	fund the facilities.
1098	3.  Standards to ensure the availability of public
1099	facilities and the adequacy of those facilities including
1100	acceptable levels of service.
1101	4.  Standards for the management of debt.
1102	4.5.  A schedule of capital improvements which includes any
1103	publicly funded projects of federal, state, or local government,
1104	and which may include privately funded projects for which the
1105	local government has no fiscal responsibility. Projects,
1106	necessary to ensure that any adopted level-of-service standards
1107	are achieved and maintained for the 5-year period must be
1108	identified as either funded or unfunded and given a level of
1109	priority for funding. For capital improvements that will be
1110	funded by the developer, financial feasibility shall be
1111	demonstrated by being guaranteed in an enforceable development
1112	agreement or interlocal agreement pursuant to paragraph (10)(h),
1113	or other enforceable agreement. These development agreements and
1114	interlocal agreements shall be reflected in the schedule of
1115	capital improvements if the capital improvement is necessary to
1116	serve development within the 5-year schedule. If the local
1117	government uses planned revenue sources that require referenda
1118	or other actions to secure the revenue source, the plan must, in
1119	the event the referenda are not passed or actions do not secure
1120	the planned revenue source, identify other existing revenue
1121	sources that will be used to fund the capital projects or
1122	otherwise amend the plan to ensure financial feasibility.
1123	5.6.  The schedule must include transportation improvements
1124	included in the applicable metropolitan planning organization's
1125	transportation improvement program adopted pursuant to s.
1126	339.175(8) to the extent that such improvements are relied upon
1127	to ensure concurrency and financial feasibility. The schedule
1128	must also be coordinated with the applicable metropolitan
1129	planning organization's long-range transportation plan adopted
1130	pursuant to s. 339.175(7).
1131	(b)1.  The capital improvements element must be reviewed by
1132	the local government on an annual basis. Modifications and
1133	modified as necessary in accordance with s. 163.3187 or s.
1134	163.3189 in order to update the maintain a financially feasible
1135	5-year capital improvement schedule of capital improvements.
1136	Corrections and modifications concerning costs; revenue sources;
1137	or acceptance of facilities pursuant to dedications which are
1138	consistent with the plan may be accomplished by ordinance and
1139	may shall not be deemed to be amendments to the local
1140	comprehensive plan. A copy of the ordinance shall be transmitted
1141	to the state land planning agency. An amendment to the
1142	comprehensive plan is required to update the schedule on an
1143	annual basis or to eliminate, defer, or delay the construction
1144	for any facility listed in the 5-year schedule. All public
1145	facilities must be consistent with the capital improvements
1146	element. The annual update to the capital improvements element
1147	of the comprehensive plan need not comply with the financial
1148	feasibility requirement until December 1, 2011. Thereafter, a
1149	local government may not amend its future land use map, except
1150	for plan amendments to meet new requirements under this part and
1151	emergency amendments pursuant to s. 163.3187(1)(a), after
1152	December 1, 2011, and every year thereafter, unless and until
1153	the local government has adopted the annual update and it has
1154	been transmitted to the state land planning agency.
1155	2.  Capital improvements element amendments adopted after
1156	the effective date of this act shall require only a single
1157	public hearing before the governing board which shall be an
1158	adoption hearing as described in s. 163.3184(7). Such amendments
1159	are not subject to the requirements of s. 163.3184(3)-(6).
1160	(c)  If the local government does not adopt the required
1161	annual update to the schedule of capital improvements, the state
1162	land planning agency must notify the Administration Commission.
1163	A local government that has a demonstrated lack of commitment to
1164	meeting its obligations identified in the capital improvements
1165	element may be subject to sanctions by the Administration
1166	Commission pursuant to s. 163.3184(11).
1167	(d)  If a local government adopts a long-term concurrency
1168	management system pursuant to s. 163.3180(9), it must also adopt
1169	a long-term capital improvements schedule covering up to a 10-
1170	year or 15-year period, and must update the long-term schedule
1171	annually. The long-term schedule of capital improvements must be
1172	financially feasible.
1173	(e)  At the discretion of the local government and
1174	notwithstanding the requirements of this subsection, a
1175	comprehensive plan, as revised by an amendment to the plan's
1176	future land use map, shall be deemed to be financially feasible
1177	and to have achieved and maintained level-of-service standards
1178	as required by this section with respect to transportation
1179	facilities if the amendment to the future land use map is
1180	supported by a:
1181	1.  Condition in a development order for a development of
1182	regional impact or binding agreement that addresses
1183	proportionate-share mitigation consistent with s. 163.3180(12);
1184	or
1185	2.  Binding agreement addressing proportionate fair-share
1186	mitigation consistent with s. 163.3180(16)(f) and the property
1187	subject to the amendment to the future land use map is located
1188	within an area designated in a comprehensive plan for urban
1189	infill, urban redevelopment, downtown revitalization, urban
1190	infill and redevelopment, or an urban service area. The binding
1191	agreement must be based on the maximum amount of development
1192	identified by the future land use map amendment or as may be
1193	otherwise restricted through a special area plan policy or map
1194	notation in the comprehensive plan.
1195	(f)  A local government's comprehensive plan and plan
1196	amendments for land uses within all transportation concurrency
1197	exception areas that are designated and maintained in accordance
1198	with s. 163.3180(5) shall be deemed to meet the requirement to
1199	achieve and maintain level-of-service standards for
1200	transportation.
1201	(4)(a)  Coordination of the local comprehensive plan with
1202	the comprehensive plans of adjacent municipalities, the county,
1203	adjacent counties, or the region; with the appropriate water
1204	management district's regional water supply plans approved
1205	pursuant to s. 373.709; and with adopted rules pertaining to
1206	designated areas of critical state concern; and with the state
1207	comprehensive plan shall be a major objective of the local
1208	comprehensive planning process. To that end, in the preparation
1209	of a comprehensive plan or element thereof, and in the
1210	comprehensive plan or element as adopted, the governing body
1211	shall include a specific policy statement indicating the
1212	relationship of the proposed development of the area to the
1213	comprehensive plans of adjacent municipalities, the county,
1214	adjacent counties, or the region and to the state comprehensive
1215	plan, as the case may require and as such adopted plans or plans
1216	in preparation may exist.
1217	(b)  When all or a portion of the land in a local
1218	government jurisdiction is or becomes part of a designated area
1219	of critical state concern, the local government shall clearly
1220	identify those portions of the local comprehensive plan that
1221	shall be applicable to the critical area and shall indicate the
1222	relationship of the proposed development of the area to the
1223	rules for the area of critical state concern.
1224	(5)(a)  Each local government comprehensive plan must
1225	include at least two planning periods, one covering at least the
1226	first 5-year period occurring after the plan's adoption and one
1227	covering at least a 10-year period. Additional planning periods
1228	for specific components, elements, land use amendments, or
1229	projects shall be permissible and accepted as part of the
1230	planning process.
1231	(b)  The comprehensive plan and its elements shall contain
1232	guidelines or policies policy recommendations for the
1233	implementation of the plan and its elements.
1234	(6)  In addition to the requirements of subsections (1)-(5)
1235	and (12), the comprehensive plan shall include the following
1236	elements:
1237	(a)  A future land use plan element designating proposed
1238	future general distribution, location, and extent of the uses of
1239	land for residential uses, commercial uses, industry,
1240	agriculture, recreation, conservation, education, public
1241	buildings and grounds, other public facilities, and other
1242	categories of the public and private uses of land. The
1243	approximate acreage and the general range of density or
1244	intensity of use shall be provided for the gross land area
1245	included in each existing land use category. The element shall
1246	establish the long-term end toward which land use programs and
1247	activities are ultimately directed. Counties are encouraged to
1248	designate rural land stewardship areas, pursuant to paragraph
1249	(11)(d), as overlays on the future land use map.
1250	1.  Each future land use category must be defined in terms
1251	of uses included, and must include standards to be followed in
1252	the control and distribution of population densities and
1253	building and structure intensities. The proposed distribution,
1254	location, and extent of the various categories of land use shall
1255	be shown on a land use map or map series which shall be
1256	supplemented by goals, policies, and measurable objectives.
1257	2.  The future land use plan and plan amendments shall be
1258	based upon surveys, studies, and data regarding the area, as
1259	applicable, including:
1260	a.  The amount of land required to accommodate anticipated
1261	growth.;
1262	b.  The projected residential and seasonal population of
1263	the area.;
1264	c.  The character of undeveloped land.;
1265	d.  The availability of water supplies, public facilities,
1266	and services.;
1267	e.  The need for redevelopment, including the renewal of
1268	blighted areas and the elimination of nonconforming uses which
1269	are inconsistent with the character of the community.;
1270	f.  The compatibility of uses on lands adjacent to or
1271	closely proximate to military installations.;
1272	g.  The compatibility of uses on lands adjacent to an
1273	airport as defined in s. 330.35 and consistent with s. 333.02.;
1274	h.  The discouragement of urban sprawl.; energy-efficient
1275	land use patterns accounting for existing and future electric
1276	power generation and transmission systems; greenhouse gas
1277	reduction strategies; and, in rural communities,
1278	i.  The need for job creation, capital investment, and
1279	economic development that will strengthen and diversify the
1280	community's economy.
1281	j.  The need to modify land uses and development patterns
1282	within antiquated subdivisions. The future land use plan may
1283	designate areas for future planned development use involving
1284	combinations of types of uses for which special regulations may
1285	be necessary to ensure development in accord with the principles
1286	and standards of the comprehensive plan and this act.
1287	3.  The future land use plan element shall include criteria
1288	to be used to:
1289	a.  Achieve the compatibility of lands adjacent or closely
1290	proximate to military installations, considering factors
1291	identified in s. 163.3175(5)., and
1292	b.  Achieve the compatibility of lands adjacent to an
1293	airport as defined in s. 330.35 and consistent with s. 333.02.
1294	c.  Encourage preservation of recreational and commercial
1295	working waterfronts for water dependent uses in coastal
1296	communities.
1297	d.  Encourage the location of schools proximate to urban
1298	residential areas to the extent possible.
1299	e.  Coordinate future land uses with the topography and
1300	soil conditions, and the availability of facilities and
1301	services.
1302	f.  Ensure the protection of natural and historic
1303	resources.
1304	g.  Provide for the compatibility of adjacent land uses.
1305	h.  Provide guidelines for the implementation of mixed use
1306	development including the types of uses allowed, the percentage
1307	distribution among the mix of uses, or other standards, and the
1308	density and intensity of each use.
1309	4.  In addition, for rural communities, The amount of land
1310	designated for future planned uses industrial use shall provide
1311	a balance of uses that foster vibrant, viable communities and
1312	economic development opportunities and address outdated
1313	development patterns, such as antiquated subdivisions. The
1314	amount of land designated for future land uses should allow the
1315	operation of real estate markets to provide adequate choices for
1316	permanent and seasonal residents and business and be based upon
1317	surveys and studies that reflect the need for job creation,
1318	capital investment, and the necessity to strengthen and
1319	diversify the local economies, and may not be limited solely by
1320	the projected population of the rural community. The element
1321	shall accommodate at least the minimum amount of land required
1322	to accommodate the medium projections of the University of
1323	Florida's Bureau of Economic and Business Research for at least
1324	a 10-year planning period unless otherwise limited under s.
1325	380.05, including related rules of the Administration
1326	Commission.
1327	5.  The future land use plan of a county may also designate
1328	areas for possible future municipal incorporation.
1329	6.  The land use maps or map series shall generally
1330	identify and depict historic district boundaries and shall
1331	designate historically significant properties meriting
1332	protection. For coastal counties, the future land use element
1333	must include, without limitation, regulatory incentives and
1334	criteria that encourage the preservation of recreational and
1335	commercial working waterfronts as defined in s. 342.07.
1336	7.  The future land use element must clearly identify the
1337	land use categories in which public schools are an allowable
1338	use. When delineating the land use categories in which public
1339	schools are an allowable use, a local government shall include
1340	in the categories sufficient land proximate to residential
1341	development to meet the projected needs for schools in
1342	coordination with public school boards and may establish
1343	differing criteria for schools of different type or size. Each
1344	local government shall include lands contiguous to existing
1345	school sites, to the maximum extent possible, within the land
1346	use categories in which public schools are an allowable use. The
1347	failure by a local government to comply with these school siting
1348	requirements will result in the prohibition of the local
1349	government's ability to amend the local comprehensive plan,
1350	except for plan amendments described in s. 163.3187(1)(b), until
1351	the school siting requirements are met. Amendments proposed by a
1352	local government for purposes of identifying the land use
1353	categories in which public schools are an allowable use are
1354	exempt from the limitation on the frequency of plan amendments
1355	contained in s. 163.3187. The future land use element shall
1356	include criteria that encourage the location of schools
1357	proximate to urban residential areas to the extent possible and
1358	shall require that the local government seek to collocate public
1359	facilities, such as parks, libraries, and community centers,
1360	with schools to the extent possible and to encourage the use of
1361	elementary schools as focal points for neighborhoods. For
1362	schools serving predominantly rural counties, defined as a
1363	county with a population of 100,000 or fewer, an agricultural
1364	land use category is eligible for the location of public school
1365	facilities if the local comprehensive plan contains school
1366	siting criteria and the location is consistent with such
1367	criteria.
1368	8.  Future land use map amendments shall be based upon the
1369	following analyses:
1370	a.  An analysis of the availability of facilities and
1371	services.
1372	b.  An analysis of the suitability of the plan amendment
1373	for its proposed use considering the character of the
1374	undeveloped land, soils, topography, natural resources, and
1375	historic resources on site.
1376	c.  An analysis of the minimum amount of land needed as
1377	determined by the local government.
1378	9.  The future land use element and any amendment to the
1379	future land use element shall discourage the proliferation of
1380	urban sprawl.
1381	a.  The primary indicators that a plan or plan amendment
1382	does not discourage the proliferation of urban sprawl are listed
1383	below. The evaluation of the presence of these indicators shall
1384	consist of an analysis of the plan or plan amendment within the
1385	context of features and characteristics unique to each locality
1386	in order to determine whether the plan or plan amendment:
1387	(I)  Promotes, allows, or designates for development
1388	substantial areas of the jurisdiction to develop as low-
1389	intensity, low-density, or single-use development or uses.
1390	(II)  Promotes, allows, or designates significant amounts
1391	of urban development to occur in rural areas at substantial
1392	distances from existing urban areas while not using undeveloped
1393	lands that are available and suitable for development.
1394	(III)  Promotes, allows, or designates urban development in
1395	radial, strip, isolated, or ribbon patterns generally emanating
1396	from existing urban developments.
1397	(IV)  Fails to adequately protect and conserve natural
1398	resources, such as wetlands, floodplains, native vegetation,
1399	environmentally sensitive areas, natural groundwater aquifer
1400	recharge areas, lakes, rivers, shorelines, beaches, bays,
1401	estuarine systems, and other significant natural systems.
1402	(V)  Fails to adequately protect adjacent agricultural
1403	areas and activities, including silviculture, active
1404	agricultural and silvicultural activities, passive agricultural
1405	activities, and dormant, unique, and prime farmlands and soils.
1406	(VI)  Fails to maximize use of existing public facilities
1407	and services.
1408	(VII)  Fails to maximize use of future public facilities
1409	and services.
1410	(VIII)  Allows for land use patterns or timing which
1411	disproportionately increase the cost in time, money, and energy
1412	of providing and maintaining facilities and services, including
1413	roads, potable water, sanitary sewer, stormwater management, law
1414	enforcement, education, health care, fire and emergency
1415	response, and general government.
1416	(IX)  Fails to provide a clear separation between rural and
1417	urban uses.
1418	(X)  Discourages or inhibits infill development or the
1419	redevelopment of existing neighborhoods and communities.
1420	(XI)  Fails to encourage a functional mix of uses.
1421	(XII)  Results in poor accessibility among linked or
1422	related land uses.
1423	(XIII)  Results in the loss of significant amounts of
1424	functional open space.
1425	b.  The future land use element or plan amendment shall be
1426	determined to discourage the proliferation of urban sprawl if it
1427	incorporates a development pattern or urban form that achieves
1428	four or more of the following:
1429	(I)  Directs or locates economic growth and associated land
1430	development to geographic areas of the community in a manner
1431	that does not have an adverse impact on and protects natural
1432	resources and ecosystems.
1433	(II)  Promotes the efficient and cost-effective provision
1434	or extension of public infrastructure and services.
1435	(III)  Promotes walkable and connected communities and
1436	provides for compact development and a mix of uses at densities
1437	and intensities that will support a range of housing choices and
1438	a multimodal transportation system, including pedestrian,
1439	bicycle, and transit, if available.
1440	(IV)  Promotes conservation of water and energy.
1441	(V)  Preserves agricultural areas and activities, including
1442	silviculture, and dormant, unique, and prime farmlands and
1443	soils.
1444	(VI)  Preserves open space and natural lands and provides
1445	for public open space and recreation needs.
1446	(VII)  Creates a balance of land uses based upon demands of
1447	residential population for the nonresidential needs of an area.
1448	(VIII)  Provides uses, densities, and intensities of use
1449	and urban form that would remediate an existing or planned
1450	development pattern in the vicinity that constitutes sprawl or
1451	if it provides for an innovative development pattern such as
1452	transit-oriented developments or new towns as defined in s.
1453	163.3164.
1454	10.  The future land use element shall include a future
1455	land use map or map series.
1456	a.  The proposed distribution, extent, and location of the
1457	following uses shall be shown on the future land use map or map
1458	series:
1459	(I)  Residential.
1460	(II)  Commercial.
1461	(III)  Industrial.
1462	(IV)  Agricultural.
1463	(V)  Recreational.
1464	(VI)  Conservation.
1465	(VII)  Educational.
1466	(VIII)  Public.
1467	b.  The following areas shall also be shown on the future
1468	land use map or map series, if applicable:
1469	(I)  Historic district boundaries and designated
1470	historically significant properties.
1471	(II)  Transportation concurrency management area boundaries
1472	or transportation concurrency exception area boundaries.
1473	(III)  Multimodal transportation district boundaries.
1474	(IV)  Mixed use categories.
1475	c.  The following natural resources or conditions shall be
1476	shown on the future land use map or map series, if applicable:
1477	(I)  Existing and planned public potable waterwells, cones
1478	of influence, and wellhead protection areas.
1479	(II)  Beaches and shores, including estuarine systems.
1480	(III)  Rivers, bays, lakes, floodplains, and harbors.
1481	(IV)  Wetlands.
1482	(V)  Minerals and soils.
1483	(VI)  Coastal high hazard areas.
1484	11.  Local governments required to update or amend their
1485	comprehensive plan to include criteria and address compatibility
1486	of lands adjacent or closely proximate to existing military
1487	installations, or lands adjacent to an airport as defined in s.
1488	330.35 and consistent with s. 333.02, in their future land use
1489	plan element shall transmit the update or amendment to the state
1490	land planning agency by June 30, 2012.
1491	(b)1.  A transportation element addressing mobility issues
1492	in relationship to the size and character of the local
1493	government. The purpose of the transportation element shall be
1494	to plan for a multimodal transportation system that places
1495	emphasis on public transportation systems, where feasible. The
1496	element shall provide for a safe, convenient multimodal
1497	transportation system, coordinated with the future land use map
1498	or map series and designed to support all elements of the
1499	comprehensive plan. A local government that has all or part of
1500	its jurisdiction included within the metropolitan planning area
1501	of a metropolitan planning organization (M.P.O.) pursuant to s.
1502	339.175 shall prepare and adopt a transportation element
1503	consistent with this subsection. Local governments that are not
1504	located within the metropolitan planning area of an M.P.O. shall
1505	address traffic circulation, mass transit, and ports, and
1506	aviation and related facilities consistent with this subsection,
1507	except that local governments with a population of 50,000 or
1508	less shall only be required to address transportation
1509	circulation. The element shall be coordinated with the plans and
1510	programs of any applicable metropolitan planning organization,
1511	transportation authority, Florida Transportation Plan, and
1512	Department of Transportation's adopted work program. The
1513	transportation element shall address
1514	(b)  A traffic circulation, including element consisting of
1515	the types, locations, and extent of existing and proposed major
1516	thoroughfares and transportation routes, including bicycle and
1517	pedestrian ways. Transportation corridors, as defined in s.
1518	334.03, may be designated in the transportation traffic
1519	circulation element pursuant to s. 337.273. If the
1520	transportation corridors are designated, the local government
1521	may adopt a transportation corridor management ordinance. The
1522	element shall reflect the data, analysis, and associated
1523	principles and strategies relating to:
1524	a.  The existing transportation system levels of service
1525	and system needs and the availability of transportation
1526	facilities and services.
1527	b.  The growth trends and travel patterns and interactions
1528	between land use and transportation.
1529	c.  Existing and projected intermodal deficiencies and
1530	needs.
1531	d.  The projected transportation system levels of service
1532	and system needs based upon the future land use map and the
1533	projected integrated transportation system.
1534	e.  How the local government will correct existing facility
1535	deficiencies, meet the identified needs of the projected
1536	transportation system, and advance the purpose of this paragraph
1537	and the other elements of the comprehensive plan.
1538	2.  Local governments within a metropolitan planning area
1539	designated as an M.P.O. pursuant to s. 339.175 shall also
1540	address:
1541	a.  All alternative modes of travel, such as public
1542	transportation, pedestrian, and bicycle travel.
1543	b.  Aviation, rail, seaport facilities, access to those
1544	facilities, and intermodal terminals.
1545	c.  The capability to evacuate the coastal population
1546	before an impending natural disaster.
1547	d.  Airports, projected airport and aviation development,
1548	and land use compatibility around airports, which includes areas
1549	defined in ss. 333.01 and 333.02.
1550	e.  An identification of land use densities, building
1551	intensities, and transportation management programs to promote
1552	public transportation systems in designated public
1553	transportation corridors so as to encourage population densities
1554	sufficient to support such systems.
1555	3.  Mass-transit provisions showing proposed methods for
1556	the moving of people, rights-of-way, terminals, and related
1557	facilities shall address:
1558	a.  The provision of efficient public transit services
1559	based upon existing and proposed major trip generators and
1560	attractors, safe and convenient public transit terminals, land
1561	uses, and accommodation of the special needs of the
1562	transportation disadvantaged.
1563	b.  Plans for port, aviation, and related facilities
1564	coordinated with the general circulation and transportation
1565	element.
1566	c.  Plans for the circulation of recreational traffic,
1567	including bicycle facilities, exercise trails, riding
1568	facilities, and such other matters as may be related to the
1569	improvement and safety of movement of all types of recreational
1570	traffic.
1571	4.  An airport master plan, and any subsequent amendments
1572	to the airport master plan, prepared by a licensed publicly
1573	owned and operated airport under s. 333.06 may be incorporated
1574	into the local government comprehensive plan by the local
1575	government having jurisdiction under this act for the area in
1576	which the airport or projected airport development is located by
1577	the adoption of a comprehensive plan amendment. In the amendment
1578	to the local comprehensive plan that integrates the airport
1579	master plan, the comprehensive plan amendment shall address land
1580	use compatibility consistent with chapter 333 regarding airport
1581	zoning; the provision of regional transportation facilities for
1582	the efficient use and operation of the transportation system and
1583	airport; consistency with the local government transportation
1584	circulation element and applicable M.P.O. long-range
1585	transportation plans; the execution of any necessary interlocal
1586	agreements for the purposes of the provision of public
1587	facilities and services to maintain the adopted level-of-service
1588	standards for facilities subject to concurrency; and may address
1589	airport-related or aviation-related development. Development or
1590	expansion of an airport consistent with the adopted airport
1591	master plan that has been incorporated into the local
1592	comprehensive plan in compliance with this part, and airport-
1593	related or aviation-related development that has been addressed
1594	in the comprehensive plan amendment that incorporates the
1595	airport master plan, do not constitute a development of regional
1596	impact. Notwithstanding any other general law, an airport that
1597	has received a development-of-regional-impact development order
1598	pursuant to s. 380.06, but which is no longer required to
1599	undergo development-of-regional-impact review pursuant to this
1600	subsection, may rescind its development-of-regional-impact order
1601	upon written notification to the applicable local government.
1602	Upon receipt by the local government, the development-of-
1603	regional-impact development order shall be deemed rescinded.
1604	5.  The transportation element shall include a map or map
1605	series showing the general location of the existing and proposed
1606	transportation system features and shall be coordinated with the
1607	future land use map or map series. The traffic circulation
1608	element shall incorporate transportation strategies to address
1609	reduction in greenhouse gas emissions from the transportation
1610	sector.
1611	(c)  A general sanitary sewer, solid waste, drainage,
1612	potable water, and natural groundwater aquifer recharge element
1613	correlated to principles and guidelines for future land use,
1614	indicating ways to provide for future potable water, drainage,
1615	sanitary sewer, solid waste, and aquifer recharge protection
1616	requirements for the area. The element may be a detailed
1617	engineering plan including a topographic map depicting areas of
1618	prime groundwater recharge.
1619	1.  Each local government shall address in the data and
1620	analyses required by this section those facilities that provide
1621	service within the local government's jurisdiction. Local
1622	governments that provide facilities to serve areas within other
1623	local government jurisdictions shall also address those
1624	facilities in the data and analyses required by this section,
1625	using data from the comprehensive plan for those areas for the
1626	purpose of projecting facility needs as required in this
1627	subsection. For shared facilities, each local government shall
1628	indicate the proportional capacity of the systems allocated to
1629	serve its jurisdiction.
1630	2.  The element shall describe the problems and needs and
1631	the general facilities that will be required for solution of the
1632	problems and needs, including correcting existing facility
1633	deficiencies. The element shall address coordinating the
1634	extension of, or increase in the capacity of, facilities to meet
1635	future needs while maximizing the use of existing facilities and
1636	discouraging urban sprawl; conservation of potable water
1637	resources; and protecting the functions of natural groundwater
1638	recharge areas and natural drainage features. The element shall
1639	also include a topographic map depicting any areas adopted by a
1640	regional water management district as prime groundwater recharge
1641	areas for the Floridan or Biscayne aquifers. These areas shall
1642	be given special consideration when the local government is
1643	engaged in zoning or considering future land use for said
1644	designated areas. For areas served by septic tanks, soil surveys
1645	shall be provided which indicate the suitability of soils for
1646	septic tanks.
1647	3.  Within 18 months after the governing board approves an
1648	updated regional water supply plan, the element must incorporate
1649	the alternative water supply project or projects selected by the
1650	local government from those identified in the regional water
1651	supply plan pursuant to s. 373.709(2)(a) or proposed by the
1652	local government under s. 373.709(8)(b). If a local government
1653	is located within two water management districts, the local
1654	government shall adopt its comprehensive plan amendment within
1655	18 months after the later updated regional water supply plan.
1656	The element must identify such alternative water supply projects
1657	and traditional water supply projects and conservation and reuse
1658	necessary to meet the water needs identified in s. 373.709(2)(a)
1659	within the local government's jurisdiction and include a work
1660	plan, covering at least a 10-year planning period, for building
1661	public, private, and regional water supply facilities, including
1662	development of alternative water supplies, which are identified
1663	in the element as necessary to serve existing and new
1664	development. The work plan shall be updated, at a minimum, every
1665	5 years within 18 months after the governing board of a water
1666	management district approves an updated regional water supply
1667	plan. Amendments to incorporate the work plan do not count
1668	toward the limitation on the frequency of adoption of amendments
1669	to the comprehensive plan. Local governments, public and private
1670	utilities, regional water supply authorities, special districts,
1671	and water management districts are encouraged to cooperatively
1672	plan for the development of multijurisdictional water supply
1673	facilities that are sufficient to meet projected demands for
1674	established planning periods, including the development of
1675	alternative water sources to supplement traditional sources of
1676	groundwater and surface water supplies.
1677	(d)  A conservation element for the conservation, use, and
1678	protection of natural resources in the area, including air,
1679	water, water recharge areas, wetlands, waterwells, estuarine
1680	marshes, soils, beaches, shores, flood plains, rivers, bays,
1681	lakes, harbors, forests, fisheries and wildlife, marine habitat,
1682	minerals, and other natural and environmental resources,
1683	including factors that affect energy conservation.
1684	1.  The following natural resources, where present within
1685	the local government's boundaries, shall be identified and
1686	analyzed and existing recreational or conservation uses, known
1687	pollution problems, including hazardous wastes, and the
1688	potential for conservation, recreation, use, or protection shall
1689	also be identified:
1690	a.  Rivers, bays, lakes, wetlands including estuarine
1691	marshes, groundwaters, and springs, including information on
1692	quality of the resource available.
1693	b.  Floodplains.
1694	c.  Known sources of commercially valuable minerals.
1695	d.  Areas known to have experienced soil erosion problems.
1696	e.  Areas that are the location of recreationally and
1697	commercially important fish or shellfish, wildlife, marine
1698	habitats, and vegetative communities, including forests,
1699	indicating known dominant species present and species listed by
1700	federal, state, or local government agencies as endangered,
1701	threatened, or species of special concern.
1702	2.  The element must contain principles, guidelines, and
1703	standards for conservation that provide long-term goals and
1704	which:
1705	a.  Protects air quality.
1706	b.  Conserves, appropriately uses, and protects the quality
1707	and quantity of current and projected water sources and waters
1708	that flow into estuarine waters or oceanic waters and protect
1709	from activities and land uses known to affect adversely the
1710	quality and quantity of identified water sources, including
1711	natural groundwater recharge areas, wellhead protection areas,
1712	and surface waters used as a source of public water supply.
1713	c.  Provides for the emergency conservation of water
1714	sources in accordance with the plans of the regional water
1715	management district.
1716	d.  Conserves, appropriately uses, and protects minerals,
1717	soils, and native vegetative communities, including forests,
1718	from destruction by development activities.
1719	e.  Conserves, appropriately uses, and protects fisheries,
1720	wildlife, wildlife habitat, and marine habitat and restricts
1721	activities known to adversely affect the survival of endangered
1722	and threatened wildlife.
1723	f.  Protects existing natural reservations identified in
1724	the recreation and open space element.
1725	g.  Maintains cooperation with adjacent local governments
1726	to conserve, appropriately use, or protect unique vegetative
1727	communities located within more than one local jurisdiction.
1728	h.  Designates environmentally sensitive lands for
1729	protection based on locally determined criteria which further
1730	the goals and objectives of the conservation element.
1731	i.  Manages hazardous waste to protect natural resources.
1732	j.  Protects and conserves wetlands and the natural
1733	functions of wetlands.
1734	k.  Directs future land uses that are incompatible with the
1735	protection and conservation of wetlands and wetland functions
1736	away from wetlands. The type, intensity or density, extent,
1737	distribution, and location of allowable land uses and the types,
1738	values, functions, sizes, conditions, and locations of wetlands
1739	are land use factors that shall be considered when directing
1740	incompatible land uses away from wetlands. Land uses shall be
1741	distributed in a manner that minimizes the effect and impact on
1742	wetlands. The protection and conservation of wetlands by the
1743	direction of incompatible land uses away from wetlands shall
1744	occur in combination with other principles, guidelines,
1745	standards, and strategies in the comprehensive plan. Where
1746	incompatible land uses are allowed to occur, mitigation shall be
1747	considered as one means to compensate for loss of wetlands
1748	functions.
1749	3.  Local governments shall assess their Current and, as
1750	well as projected, water needs and sources for at least a 10-
1751	year period based on the demands for industrial, agricultural,
1752	and potable water use and the quality and quantity of water
1753	available to meet these demands shall be analyzed.  The analysis
1754	shall consider the existing levels of water conservation, use,
1755	and protection and applicable policies of the regional water
1756	management district and further must consider, considering the
1757	appropriate regional water supply plan approved pursuant to s.
1758	373.709, or, in the absence of an approved regional water supply
1759	plan, the district water management plan approved pursuant to s.
1760	373.036(2). This information shall be submitted to the
1761	appropriate agencies. The land use map or map series contained
1762	in the future land use element shall generally identify and
1763	depict the following:
1764	1.  Existing and planned waterwells and cones of influence
1765	where applicable.
1766	2.  Beaches and shores, including estuarine systems.
1767	3.  Rivers, bays, lakes, flood plains, and harbors.
1768	4.  Wetlands.
1769	5.  Minerals and soils.
1770	6.  Energy conservation.
1771
1772	The land uses identified on such maps shall be consistent with
1773	applicable state law and rules.
1774	(e)  A recreation and open space element indicating a
1775	comprehensive system of public and private sites for recreation,
1776	including, but not limited to, natural reservations, parks and
1777	playgrounds, parkways, beaches and public access to beaches,
1778	open spaces, waterways, and other recreational facilities.
1779	(f)1.  A housing element consisting of standards, plans,
1780	and principles, guidelines, standards, and strategies to be
1781	followed in:
1782	a.  The provision of housing for all current and
1783	anticipated future residents of the jurisdiction.
1784	b.  The elimination of substandard dwelling conditions.
1785	c.  The structural and aesthetic improvement of existing
1786	housing.
1787	d.  The provision of adequate sites for future housing,
1788	including affordable workforce housing as defined in s.
1789	380.0651(3)(j), housing for low-income, very low-income, and
1790	moderate-income families, mobile homes, and group home
1791	facilities and foster care facilities, with supporting
1792	infrastructure and public facilities.
1793	e.  Provision for relocation housing and identification of
1794	historically significant and other housing for purposes of
1795	conservation, rehabilitation, or replacement.
1796	f.  The formulation of housing implementation programs.
1797	g.  The creation or preservation of affordable housing to
1798	minimize the need for additional local services and avoid the
1799	concentration of affordable housing units only in specific areas
1800	of the jurisdiction.
1801	h.  Energy efficiency in the design and construction of new
1802	housing.
1803	i.  Use of renewable energy resources.
1804	j.  Each county in which the gap between the buying power
1805	of a family of four and the median county home sale price
1806	exceeds $170,000, as determined by the Florida Housing Finance
1807	Corporation, and which is not designated as an area of critical
1808	state concern shall adopt a plan for ensuring affordable
1809	workforce housing. At a minimum, the plan shall identify
1810	adequate sites for such housing. For purposes of this sub-
1811	subparagraph, the term "workforce housing" means housing that is
1812	affordable to natural persons or families whose total household
1813	income does not exceed 140 percent of the area median income,
1814	adjusted for household size.
1815	k.  As a precondition to receiving any state affordable
1816	housing funding or allocation for any project or program within
1817	the jurisdiction of a county that is subject to sub-subparagraph
1818	j., a county must, by July 1 of each year, provide certification
1819	that the county has complied with the requirements of sub-
1820	subparagraph j.
1821	2.  The principles, guidelines, standards, and strategies
1822	goals, objectives, and policies of the housing element must be
1823	based on the data and analysis prepared on housing needs,
1824	including an inventory taken from the latest decennial United
1825	States Census or more recent estimates, which shall include the
1826	number and distribution of dwelling units by type, tenure, age,
1827	rent, value, monthly cost of owner-occupied units, and rent or
1828	cost to income ratio, and shall show the number of dwelling
1829	units that are substandard. The inventory shall also include the
1830	methodology used to estimate the condition of housing, a
1831	projection of the anticipated number of households by size,
1832	income range, and age of residents derived from the population
1833	projections, and the minimum housing need of the current and
1834	anticipated future residents of the jurisdiction the affordable
1835	housing needs assessment.
1836	3.  The housing element must express principles,
1837	guidelines, standards, and strategies that reflect, as needed,
1838	the creation and preservation of affordable housing for all
1839	current and anticipated future residents of the jurisdiction,
1840	elimination of substandard housing conditions, adequate sites,
1841	and distribution of housing for a range of incomes and types,
1842	including mobile and manufactured homes. The element must
1843	provide for specific programs and actions to partner with
1844	private and nonprofit sectors to address housing needs in the
1845	jurisdiction, streamline the permitting process, and minimize
1846	costs and delays for affordable housing, establish standards to
1847	address the quality of housing, stabilization of neighborhoods,
1848	and identification and improvement of historically significant
1849	housing.
1850	4.  State and federal housing plans prepared on behalf of
1851	the local government must be consistent with the goals,
1852	objectives, and policies of the housing element. Local
1853	governments are encouraged to use job training, job creation,
1854	and economic solutions to address a portion of their affordable
1855	housing concerns.
1856	2.  To assist local governments in housing data collection
1857	and analysis and assure uniform and consistent information
1858	regarding the state's housing needs, the state land planning
1859	agency shall conduct an affordable housing needs assessment for
1860	all local jurisdictions on a schedule that coordinates the
1861	implementation of the needs assessment with the evaluation and
1862	appraisal reports required by s. 163.3191. Each local government
1863	shall utilize the data and analysis from the needs assessment as
1864	one basis for the housing element of its local comprehensive
1865	plan. The agency shall allow a local government the option to
1866	perform its own needs assessment, if it uses the methodology
1867	established by the agency by rule.
1868	(g)1.  For those units of local government identified in s.
1869	380.24, a coastal management element, appropriately related to
1870	the particular requirements of paragraphs (d) and (e) and
1871	meeting the requirements of s. 163.3178(2) and (3). The coastal
1872	management element shall set forth the principles, guidelines,
1873	standards, and strategies policies that shall guide the local
1874	government's decisions and program implementation with respect
1875	to the following objectives:
1876	1.a.  Maintain, restore, and enhance Maintenance,
1877	restoration, and enhancement of the overall quality of the
1878	coastal zone environment, including, but not limited to, its
1879	amenities and aesthetic values.
1880	2.b.  Preserve the continued existence of viable
1881	populations of all species of wildlife and marine life.
1882	3.c.  Protect the orderly and balanced utilization and
1883	preservation, consistent with sound conservation principles, of
1884	all living and nonliving coastal zone resources.
1885	4.d.  Avoid Avoidance of irreversible and irretrievable
1886	loss of coastal zone resources.
1887	5.e.  Use ecological planning principles and assumptions to
1888	be used in the determination of the suitability and extent of
1889	permitted development.
1890	f.  Proposed management and regulatory techniques.
1891	6.g.  Limit Limitation of public expenditures that
1892	subsidize development in high-hazard coastal high-hazard areas.
1893	7.h.  Protect Protection of human life against the effects
1894	of natural disasters.
1895	8.i.  Direct the orderly development, maintenance, and use
1896	of ports identified in s. 403.021(9) to facilitate deepwater
1897	commercial navigation and other related activities.
1898	9.j.  Preserve historic and archaeological resources, which
1899	include the Preservation, including sensitive adaptive use of
1900	these historic and archaeological resources.
1901	2.  As part of this element, a local government that has a
1902	coastal management element in its comprehensive plan is
1903	encouraged to adopt recreational surface water use policies that
1904	include applicable criteria for and consider such factors as
1905	natural resources, manatee protection needs, protection of
1906	working waterfronts and public access to the water, and
1907	recreation and economic demands. Criteria for manatee protection
1908	in the recreational surface water use policies should reflect
1909	applicable guidance outlined in the Boat Facility Siting Guide
1910	prepared by the Fish and Wildlife Conservation Commission. If
1911	the local government elects to adopt recreational surface water
1912	use policies by comprehensive plan amendment, such comprehensive
1913	plan amendment is exempt from the provisions of s. 163.3187(1).
1914	Local governments that wish to adopt recreational surface water
1915	use policies may be eligible for assistance with the development
1916	of such policies through the Florida Coastal Management Program.
1917	The Office of Program Policy Analysis and Government
1918	Accountability shall submit a report on the adoption of
1919	recreational surface water use policies under this subparagraph
1920	to the President of the Senate, the Speaker of the House of
1921	Representatives, and the majority and minority leaders of the
1922	Senate and the House of Representatives no later than December
1923	1, 2010.
1924	(h)1.  An intergovernmental coordination element showing
1925	relationships and stating principles and guidelines to be used
1926	in coordinating the adopted comprehensive plan with the plans of
1927	school boards, regional water supply authorities, and other
1928	units of local government providing services but not having
1929	regulatory authority over the use of land, with the
1930	comprehensive plans of adjacent municipalities, the county,
1931	adjacent counties, or the region, with the state comprehensive
1932	plan and with the applicable regional water supply plan approved
1933	pursuant to s. 373.709, as the case may require and as such
1934	adopted plans or plans in preparation may exist. This element of
1935	the local comprehensive plan must demonstrate consideration of
1936	the particular effects of the local plan, when adopted, upon the
1937	development of adjacent municipalities, the county, adjacent
1938	counties, or the region, or upon the state comprehensive plan,
1939	as the case may require.
1940	a.  The intergovernmental coordination element must provide
1941	procedures for identifying and implementing joint planning
1942	areas, especially for the purpose of annexation, municipal
1943	incorporation, and joint infrastructure service areas.
1944	b.  The intergovernmental coordination element must provide
1945	for recognition of campus master plans prepared pursuant to s.
1946	1013.30 and airport master plans under paragraph (k).
1947	c.  The intergovernmental coordination element shall
1948	provide for a dispute resolution process, as established
1949	pursuant to s. 186.509, for bringing intergovernmental disputes
1950	to closure in a timely manner.
1951	c.d.  The intergovernmental coordination element shall
1952	provide for interlocal agreements as established pursuant to s.
1953	333.03(1)(b).
1954	2.  The intergovernmental coordination element shall also
1955	state principles and guidelines to be used in coordinating the
1956	adopted comprehensive plan with the plans of school boards and
1957	other units of local government providing facilities and
1958	services but not having regulatory authority over the use of
1959	land. In addition, the intergovernmental coordination element
1960	must describe joint processes for collaborative planning and
1961	decisionmaking on population projections and public school
1962	siting, the location and extension of public facilities subject
1963	to concurrency, and siting facilities with countywide
1964	significance, including locally unwanted land uses whose nature
1965	and identity are established in an agreement.
1966	3.  Within 1 year after adopting their intergovernmental
1967	coordination elements, each county, all the municipalities
1968	within that county, the district school board, and any unit of
1969	local government service providers in that county shall
1970	establish by interlocal or other formal agreement executed by
1971	all affected entities, the joint processes described in this
1972	subparagraph consistent with their adopted intergovernmental
1973	coordination elements. The element must:
1974	a.  Ensure that the local government addresses through
1975	coordination mechanisms the impacts of development proposed in
1976	the local comprehensive plan upon development in adjacent
1977	municipalities, the county, adjacent counties, the region, and
1978	the state. The area of concern for municipalities shall include
1979	adjacent municipalities, the county, and counties adjacent to
1980	the municipality. The area of concern for counties shall include
1981	all municipalities within the county, adjacent counties, and
1982	adjacent municipalities.
1983	b.  Ensure coordination in establishing level of service
1984	standards for public facilities with any state, regional, or
1985	local entity having operational and maintenance responsibility
1986	for such facilities.
1987	3.  To foster coordination between special districts and
1988	local general-purpose governments as local general-purpose
1989	governments implement local comprehensive plans, each
1990	independent special district must submit a public facilities
1991	report to the appropriate local government as required by s.
1992	189.415.
1993	4.  Local governments shall execute an interlocal agreement
1994	with the district school board, the county, and nonexempt
1995	municipalities pursuant to s. 163.31777. The local government
1996	shall amend the intergovernmental coordination element to ensure
1997	that coordination between the local government and school board
1998	is pursuant to the agreement and shall state the obligations of
1999	the local government under the agreement. Plan amendments that
2000	comply with this subparagraph are exempt from the provisions of
2001	s. 163.3187(1).
2002	5.  By January 1, 2004, any county having a population
2003	greater than 100,000, and the municipalities and special
2004	districts within that county, shall submit a report to the
2005	Department of Community Affairs which identifies:
2006	a.   All existing or proposed interlocal service delivery
2007	agreements relating to education; sanitary sewer; public safety;
2008	solid waste; drainage; potable water; parks and recreation; and
2009	transportation facilities.
2010	b.   Any deficits or duplication in the provision of
2011	services within its jurisdiction, whether capital or
2012	operational. Upon request, the Department of Community Affairs
2013	shall provide technical assistance to the local governments in
2014	identifying deficits or duplication.
2015	6.  Within 6 months after submission of the report, the
2016	Department of Community Affairs shall, through the appropriate
2017	regional planning council, coordinate a meeting of all local
2018	governments within the regional planning area to discuss the
2019	reports and potential strategies to remedy any identified
2020	deficiencies or duplications.
2021	7.  Each local government shall update its
2022	intergovernmental coordination element based upon the findings
2023	in the report submitted pursuant to subparagraph 5. The report
2024	may be used as supporting data and analysis for the
2025	intergovernmental coordination element.
2026	(i)  The optional elements of the comprehensive plan in
2027	paragraphs (7)(a) and (b) are required elements for those
2028	municipalities having populations greater than 50,000, and those
2029	counties having populations greater than 75,000, as determined
2030	under s. 186.901.
2031	(j)  For each unit of local government within an urbanized
2032	area designated for purposes of s. 339.175, a transportation
2033	element, which must be prepared and adopted in lieu of the
2034	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
2035	and (d) and which shall address the following issues:
2036	1.  Traffic circulation, including major thoroughfares and
2037	other routes, including bicycle and pedestrian ways.
2038	2.  All alternative modes of travel, such as public
2039	transportation, pedestrian, and bicycle travel.
2040	3.  Parking facilities.
2041	4.  Aviation, rail, seaport facilities, access to those
2042	facilities, and intermodal terminals.
2043	5.  The availability of facilities and services to serve
2044	existing land uses and the compatibility between future land use
2045	and transportation elements.
2046	6.  The capability to evacuate the coastal population prior
2047	to an impending natural disaster.
2048	7.  Airports, projected airport and aviation development,
2049	and land use compatibility around airports, which includes areas
2050	defined in ss. 333.01 and 333.02.
2051	8.  An identification of land use densities, building
2052	intensities, and transportation management programs to promote
2053	public transportation systems in designated public
2054	transportation corridors so as to encourage population densities
2055	sufficient to support such systems.
2056	9.  May include transportation corridors, as defined in s.
2057	334.03, intended for future transportation facilities designated
2058	pursuant to s. 337.273. If transportation corridors are
2059	designated, the local government may adopt a transportation
2060	corridor management ordinance.
2061	10.  The incorporation of transportation strategies to
2062	address reduction in greenhouse gas emissions from the
2063	transportation sector.
2064	(k)  An airport master plan, and any subsequent amendments
2065	to the airport master plan, prepared by a licensed publicly
2066	owned and operated airport under s. 333.06 may be incorporated
2067	into the local government comprehensive plan by the local
2068	government having jurisdiction under this act for the area in
2069	which the airport or projected airport development is located by
2070	the adoption of a comprehensive plan amendment. In the amendment
2071	to the local comprehensive plan that integrates the airport
2072	master plan, the comprehensive plan amendment shall address land
2073	use compatibility consistent with chapter 333 regarding airport
2074	zoning; the provision of regional transportation facilities for
2075	the efficient use and operation of the transportation system and
2076	airport; consistency with the local government transportation
2077	circulation element and applicable metropolitan planning
2078	organization long-range transportation plans; and the execution
2079	of any necessary interlocal agreements for the purposes of the
2080	provision of public facilities and services to maintain the
2081	adopted level-of-service standards for facilities subject to
2082	concurrency; and may address airport-related or aviation-related
2083	development. Development or expansion of an airport consistent
2084	with the adopted airport master plan that has been incorporated
2085	into the local comprehensive plan in compliance with this part,
2086	and airport-related or aviation-related development that has
2087	been addressed in the comprehensive plan amendment that
2088	incorporates the airport master plan, shall not be a development
2089	of regional impact. Notwithstanding any other general law, an
2090	airport that has received a development-of-regional-impact
2091	development order pursuant to s. 380.06, but which is no longer
2092	required to undergo development-of-regional-impact review
2093	pursuant to this subsection, may abandon its development-of-
2094	regional-impact order upon written notification to the
2095	applicable local government. Upon receipt by the local
2096	government, the development-of-regional-impact development order
2097	is void.
2098	(7)  The comprehensive plan may include the following
2099	additional elements, or portions or phases thereof:
2100	(a)  As a part of the circulation element of paragraph
2101	(6)(b) or as a separate element, a mass-transit element showing
2102	proposed methods for the moving of people, rights-of-way,
2103	terminals, related facilities, and fiscal considerations for the
2104	accomplishment of the element.
2105	(b)  As a part of the circulation element of paragraph
2106	(6)(b) or as a separate element, plans for port, aviation, and
2107	related facilities coordinated with the general circulation and
2108	transportation element.
2109	(c)  As a part of the circulation element of paragraph
2110	(6)(b) and in coordination with paragraph (6)(e), where
2111	applicable, a plan element for the circulation of recreational
2112	traffic, including bicycle facilities, exercise trails, riding
2113	facilities, and such other matters as may be related to the
2114	improvement and safety of movement of all types of recreational
2115	traffic.
2116	(d)  As a part of the circulation element of paragraph
2117	(6)(b) or as a separate element, a plan element for the
2118	development of offstreet parking facilities for motor vehicles
2119	and the fiscal considerations for the accomplishment of the
2120	element.
2121	(e)  A public buildings and related facilities element
2122	showing locations and arrangements of civic and community
2123	centers, public schools, hospitals, libraries, police and fire
2124	stations, and other public buildings. This plan element should
2125	show particularly how it is proposed to effect coordination with
2126	governmental units, such as school boards or hospital
2127	authorities, having public development and service
2128	responsibilities, capabilities, and potential but not having
2129	land development regulatory authority. This element may include
2130	plans for architecture and landscape treatment of their grounds.
2131	(f)  A recommended community design element which may
2132	consist of design recommendations for land subdivision,
2133	neighborhood development and redevelopment, design of open space
2134	locations, and similar matters to the end that such
2135	recommendations may be available as aids and guides to
2136	developers in the future planning and development of land in the
2137	area.
2138	(g)  A general area redevelopment element consisting of
2139	plans and programs for the redevelopment of slums and blighted
2140	locations in the area and for community redevelopment, including
2141	housing sites, business and industrial sites, public buildings
2142	sites, recreational facilities, and other purposes authorized by
2143	law.
2144	(h)  A safety element for the protection of residents and
2145	property of the area from fire, hurricane, or manmade or natural
2146	catastrophe, including such necessary features for protection as
2147	evacuation routes and their control in an emergency, water
2148	supply requirements, minimum road widths, clearances around and
2149	elevations of structures, and similar matters.
2150	(i)  An historical and scenic preservation element setting
2151	out plans and programs for those structures or lands in the area
2152	having historical, archaeological, architectural, scenic, or
2153	similar significance.
2154	(j)  An economic element setting forth principles and
2155	guidelines for the commercial and industrial development, if
2156	any, and the employment and personnel utilization within the
2157	area. The element may detail the type of commercial and
2158	industrial development sought, correlated to the present and
2159	projected employment needs of the area and to other elements of
2160	the plans, and may set forth methods by which a balanced and
2161	stable economic base will be pursued.
2162	(k)  Such other elements as may be peculiar to, and
2163	necessary for, the area concerned and as are added to the
2164	comprehensive plan by the governing body upon the recommendation
2165	of the local planning agency.
2166	(l)  Local governments that are not required to prepare
2167	coastal management elements under s. 163.3178 are encouraged to
2168	adopt hazard mitigation/postdisaster redevelopment plans. These
2169	plans should, at a minimum, establish long-term policies
2170	regarding redevelopment, infrastructure, densities,
2171	nonconforming uses, and future land use patterns. Grants to
2172	assist local governments in the preparation of these hazard
2173	mitigation/postdisaster redevelopment plans shall be available
2174	through the Emergency Management Preparedness and Assistance
2175	Account in the Grants and Donations Trust Fund administered by
2176	the department, if such account is created by law. The plans
2177	must be in compliance with the requirements of this act and
2178	chapter 252.
2179	(8)  All elements of the comprehensive plan, whether
2180	mandatory or optional, shall be based upon data appropriate to
2181	the element involved. Surveys and studies utilized in the
2182	preparation of the comprehensive plan shall not be deemed a part
2183	of the comprehensive plan unless adopted as a part of it. Copies
2184	of such studies, surveys, and supporting documents shall be made
2185	available to public inspection, and copies of such plans shall
2186	be made available to the public upon payment of reasonable
2187	charges for reproduction.
2188	(9)  The state land planning agency shall, by February 15,
2189	1986, adopt by rule minimum criteria for the review and
2190	determination of compliance of the local government
2191	comprehensive plan elements required by this act. Such rules
2192	shall not be subject to rule challenges under s. 120.56(2) or to
2193	drawout proceedings under s. 120.54(3)(c)2. Such rules shall
2194	become effective only after they have been submitted to the
2195	President of the Senate and the Speaker of the House of
2196	Representatives for review by the Legislature no later than 30
2197	days prior to the next regular session of the Legislature. In
2198	its review the Legislature may reject, modify, or take no action
2199	relative to the rules. The agency shall conform the rules to the
2200	changes made by the Legislature, or, if no action was taken, the
2201	agency rules shall become effective. The rule shall include
2202	criteria for determining whether:
2203	(a)  Proposed elements are in compliance with the
2204	requirements of part II, as amended by this act.
2205	(b)  Other elements of the comprehensive plan are related
2206	to and consistent with each other.
2207	(c)  The local government comprehensive plan elements are
2208	consistent with the state comprehensive plan and the appropriate
2209	regional policy plan pursuant to s. 186.508.
2210	(d)  Certain bays, estuaries, and harbors that fall under
2211	the jurisdiction of more than one local government are managed
2212	in a consistent and coordinated manner in the case of local
2213	governments required to include a coastal management element in
2214	their comprehensive plans pursuant to paragraph (6)(g).
2215	(e)  Proposed elements identify the mechanisms and
2216	procedures for monitoring, evaluating, and appraising
2217	implementation of the plan. Specific measurable objectives are
2218	included to provide a basis for evaluating effectiveness as
2219	required by s. 163.3191.
2220	(f)  Proposed elements contain policies to guide future
2221	decisions in a consistent manner.
2222	(g)  Proposed elements contain programs and activities to
2223	ensure that comprehensive plans are implemented.
2224	(h)  Proposed elements identify the need for and the
2225	processes and procedures to ensure coordination of all
2226	development activities and services with other units of local
2227	government, regional planning agencies, water management
2228	districts, and state and federal agencies as appropriate.
2229
2230	The state land planning agency may adopt procedural rules that
2231	are consistent with this section and chapter 120 for the review
2232	of local government comprehensive plan elements required under
2233	this section. The state land planning agency shall provide model
2234	plans and ordinances and, upon request, other assistance to
2235	local governments in the adoption and implementation of their
2236	revised local government comprehensive plans. The review and
2237	comment provisions applicable prior to October 1, 1985, shall
2238	continue in effect until the criteria for review and
2239	determination are adopted pursuant to this subsection and the
2240	comprehensive plans required by s. 163.3167(2) are due.
2241	(10)  The Legislature recognizes the importance and
2242	significance of chapter 9J-5, Florida Administrative Code, the
2243	Minimum Criteria for Review of Local Government Comprehensive
2244	Plans and Determination of Compliance of the Department of
2245	Community Affairs that will be used to determine compliance of
2246	local comprehensive plans. The Legislature reserved unto itself
2247	the right to review chapter 9J-5, Florida Administrative Code,
2248	and to reject, modify, or take no action relative to this rule.
2249	Therefore, pursuant to subsection (9), the Legislature hereby
2250	has reviewed chapter 9J-5, Florida Administrative Code, and
2251	expresses the following legislative intent:
2252	(a)  The Legislature finds that in order for the department
2253	to review local comprehensive plans, it is necessary to define
2254	the term "consistency." Therefore, for the purpose of
2255	determining whether local comprehensive plans are consistent
2256	with the state comprehensive plan and the appropriate regional
2257	policy plan, a local plan shall be consistent with such plans if
2258	the local plan is "compatible with" and "furthers" such plans.
2259	The term "compatible with" means that the local plan is not in
2260	conflict with the state comprehensive plan or appropriate
2261	regional policy plan. The term "furthers" means to take action
2262	in the direction of realizing goals or policies of the state or
2263	regional plan. For the purposes of determining consistency of
2264	the local plan with the state comprehensive plan or the
2265	appropriate regional policy plan, the state or regional plan
2266	shall be construed as a whole and no specific goal and policy
2267	shall be construed or applied in isolation from the other goals
2268	and policies in the plans.
2269	(b)  Each local government shall review all the state
2270	comprehensive plan goals and policies and shall address in its
2271	comprehensive plan the goals and policies which are relevant to
2272	the circumstances or conditions in its jurisdiction. The
2273	decision regarding which particular state comprehensive plan
2274	goals and policies will be furthered by the expenditure of a
2275	local government's financial resources in any given year is a
2276	decision which rests solely within the discretion of the local
2277	government. Intergovernmental coordination, as set forth in
2278	paragraph (6)(h), shall be utilized to the extent required to
2279	carry out the provisions of chapter 9J-5, Florida Administrative
2280	Code.
2281	(c)  The Legislature declares that if any portion of
2282	chapter 9J-5, Florida Administrative Code, is found to be in
2283	conflict with this part, the appropriate statutory provision
2284	shall prevail.
2285	(d)  Chapter 9J-5, Florida Administrative Code, does not
2286	mandate the creation, limitation, or elimination of regulatory
2287	authority, nor does it authorize the adoption or require the
2288	repeal of any rules, criteria, or standards of any local,
2289	regional, or state agency.
2290	(e)  It is the Legislature's intent that support data or
2291	summaries thereof shall not be subject to the compliance review
2292	process, but the Legislature intends that goals and policies be
2293	clearly based on appropriate data. The department may utilize
2294	support data or summaries thereof to aid in its determination of
2295	compliance and consistency. The Legislature intends that the
2296	department may evaluate the application of a methodology
2297	utilized in data collection or whether a particular methodology
2298	is professionally accepted. However, the department shall not
2299	evaluate whether one accepted methodology is better than
2300	another. Chapter 9J-5, Florida Administrative Code, shall not be
2301	construed to require original data collection by local
2302	governments; however, Local governments are not to be
2303	discouraged from utilizing original data so long as
2304	methodologies are professionally accepted.
2305	(f)  The Legislature recognizes that under this section,
2306	local governments are charged with setting levels of service for
2307	public facilities in their comprehensive plans in accordance
2308	with which development orders and permits will be issued
2309	pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2310	the authority of state, regional, or local agencies as otherwise
2311	provided by law.
2312	(g)  Definitions contained in chapter 9J-5, Florida
2313	Administrative Code, are not intended to modify or amend the
2314	definitions utilized for purposes of other programs or rules or
2315	to establish or limit regulatory authority. Local governments
2316	may establish alternative definitions in local comprehensive
2317	plans, as long as such definitions accomplish the intent of this
2318	chapter, and chapter 9J-5, Florida Administrative Code.
2319	(h)  It is the intent of the Legislature that public
2320	facilities and services needed to support development shall be
2321	available concurrent with the impacts of such development in
2322	accordance with s. 163.3180. In meeting this intent, public
2323	facility and service availability shall be deemed sufficient if
2324	the public facilities and services for a development are phased,
2325	or the development is phased, so that the public facilities and
2326	those related services which are deemed necessary by the local
2327	government to operate the facilities necessitated by that
2328	development are available concurrent with the impacts of the
2329	development. The public facilities and services, unless already
2330	available, are to be consistent with the capital improvements
2331	element of the local comprehensive plan as required by paragraph
2332	(3)(a) or guaranteed in an enforceable development agreement.
2333	This shall include development agreements pursuant to this
2334	chapter or in an agreement or a development order issued
2335	pursuant to chapter 380. Nothing herein shall be construed to
2336	require a local government to address services in its capital
2337	improvements plan or to limit a local government's ability to
2338	address any service in its capital improvements plan that it
2339	deems necessary.
2340	(i)  The department shall take into account the factors
2341	delineated in rule 9J-5.002(2), Florida Administrative Code, as
2342	it provides assistance to local governments and applies the rule
2343	in specific situations with regard to the detail of the data and
2344	analysis required.
2345	(j)  Chapter 9J-5, Florida Administrative Code, has become
2346	effective pursuant to subsection (9). The Legislature hereby
2347	directs the department to adopt amendments as necessary which
2348	conform chapter 9J-5, Florida Administrative Code, with the
2349	requirements of this legislative intent by October 1, 1986.
2350	(k)  In order for local governments to prepare and adopt
2351	comprehensive plans with knowledge of the rules that are applied
2352	to determine consistency of the plans with this part, there
2353	should be no doubt as to the legal standing of chapter 9J-5,
2354	Florida Administrative Code, at the close of the 1986
2355	legislative session. Therefore, the Legislature declares that
2356	changes made to chapter 9J-5 before October 1, 1986, are not
2357	subject to rule challenges under s. 120.56(2), or to drawout
2358	proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2359	Florida Administrative Code, as amended, is subject to rule
2360	challenges under s. 120.56(3), as nothing herein indicates
2361	approval or disapproval of any portion of chapter 9J-5 not
2362	specifically addressed herein. Any amendments to chapter 9J-5,
2363	Florida Administrative Code, exclusive of the amendments adopted
2364	prior to October 1, 1986, pursuant to this act, shall be subject
2365	to the full chapter 120 process. All amendments shall have
2366	effective dates as provided in chapter 120 and submission to the
2367	President of the Senate and Speaker of the House of
2368	Representatives shall not be required.
2369	(l)  The state land planning agency shall consider land use
2370	compatibility issues in the vicinity of all airports in
2371	coordination with the Department of Transportation and adjacent
2372	to or in close proximity to all military installations in
2373	coordination with the Department of Defense.
2374	(11)(a)  The Legislature recognizes the need for innovative
2375	planning and development strategies which will address the
2376	anticipated demands of continued urbanization of Florida's
2377	coastal and other environmentally sensitive areas, and which
2378	will accommodate the development of less populated regions of
2379	the state which seek economic development and which have
2380	suitable land and water resources to accommodate growth in an
2381	environmentally acceptable manner. The Legislature further
2382	recognizes the substantial advantages of innovative approaches
2383	to development which may better serve to protect environmentally
2384	sensitive areas, maintain the economic viability of agricultural
2385	and other predominantly rural land uses, and provide for the
2386	cost-efficient delivery of public facilities and services.
2387	(b)  It is the intent of the Legislature that the local
2388	government comprehensive plans and plan amendments adopted
2389	pursuant to the provisions of this part provide for a planning
2390	process which allows for land use efficiencies within existing
2391	urban areas and which also allows for the conversion of rural
2392	lands to other uses, where appropriate and consistent with the
2393	other provisions of this part and the affected local
2394	comprehensive plans, through the application of innovative and
2395	flexible planning and development strategies and creative land
2396	use planning techniques, which may include, but not be limited
2397	to, urban villages, new towns, satellite communities, area-based
2398	allocations, clustering and open space provisions, mixed-use
2399	development, and sector planning.
2400	(c)  It is the further intent of the Legislature that local
2401	government comprehensive plans and implementing land development
2402	regulations shall provide strategies which maximize the use of
2403	existing facilities and services through redevelopment, urban
2404	infill development, and other strategies for urban
2405	revitalization.
2406	(d)1.  The department, in cooperation with the Department
2407	of Agriculture and Consumer Services, the Department of
2408	Environmental Protection, water management districts, and
2409	regional planning councils, shall provide assistance to local
2410	governments in the implementation of this paragraph and rule 9J-
2411	5.006(5)(l), Florida Administrative Code. Implementation of
2412	those provisions shall include a process by which the department
2413	may authorize local governments to designate all or portions of
2414	lands classified in the future land use element as predominantly
2415	agricultural, rural, open, open-rural, or a substantively
2416	equivalent land use, as a rural land stewardship area within
2417	which planning and economic incentives are applied to encourage
2418	the implementation of innovative and flexible planning and
2419	development strategies and creative land use planning
2420	techniques, including those contained herein and in rule 9J-
2421	5.006(5)(l), Florida Administrative Code. Assistance may
2422	include, but is not limited to:
2423	a.  Assistance from the Department of Environmental
2424	Protection and water management districts in creating the
2425	geographic information systems land cover database and aerial
2426	photogrammetry needed to prepare for a rural land stewardship
2427	area;
2428	b.  Support for local government implementation of rural
2429	land stewardship concepts by providing information and
2430	assistance to local governments regarding land acquisition
2431	programs that may be used by the local government or landowners
2432	to leverage the protection of greater acreage and maximize the
2433	effectiveness of rural land stewardship areas; and
2434	c.  Expansion of the role of the Department of Community
2435	Affairs as a resource agency to facilitate establishment of
2436	rural land stewardship areas in smaller rural counties that do
2437	not have the staff or planning budgets to create a rural land
2438	stewardship area.
2439	2.  The department shall encourage participation by local
2440	governments of different sizes and rural characteristics in
2441	establishing and implementing rural land stewardship areas. It
2442	is the intent of the Legislature that rural land stewardship
2443	areas be used to further the following broad principles of rural
2444	sustainability: restoration and maintenance of the economic
2445	value of rural land; control of urban sprawl; identification and
2446	protection of ecosystems, habitats, and natural resources;
2447	promotion of rural economic activity; maintenance of the
2448	viability of Florida's agricultural economy; and protection of
2449	the character of rural areas of Florida. Rural land stewardship
2450	areas may be multicounty in order to encourage coordinated
2451	regional stewardship planning.
2452	3.  A local government, in conjunction with a regional
2453	planning council, a stakeholder organization of private land
2454	owners, or another local government, shall notify the department
2455	in writing of its intent to designate a rural land stewardship
2456	area. The written notification shall describe the basis for the
2457	designation, including the extent to which the rural land
2458	stewardship area enhances rural land values, controls urban
2459	sprawl, provides necessary open space for agriculture and
2460	protection of the natural environment, promotes rural economic
2461	activity, and maintains rural character and the economic
2462	viability of agriculture.
2463	4.  A rural land stewardship area shall be not less than
2464	10,000 acres and shall be located outside of municipalities and
2465	established urban growth boundaries, and shall be designated by
2466	plan amendment. The plan amendment designating a rural land
2467	stewardship area shall be subject to review by the Department of
2468	Community Affairs pursuant to s. 163.3184 and shall provide for
2469	the following:
2470	a.  Criteria for the designation of receiving areas within
2471	rural land stewardship areas in which innovative planning and
2472	development strategies may be applied. Criteria shall at a
2473	minimum provide for the following: adequacy of suitable land to
2474	accommodate development so as to avoid conflict with
2475	environmentally sensitive areas, resources, and habitats;
2476	compatibility between and transition from higher density uses to
2477	lower intensity rural uses; the establishment of receiving area
2478	service boundaries which provide for a separation between
2479	receiving areas and other land uses within the rural land
2480	stewardship area through limitations on the extension of
2481	services; and connection of receiving areas with the rest of the
2482	rural land stewardship area using rural design and rural road
2483	corridors.
2484	b.  Goals, objectives, and policies setting forth the
2485	innovative planning and development strategies to be applied
2486	within rural land stewardship areas pursuant to the provisions
2487	of this section.
2488	c.  A process for the implementation of innovative planning
2489	and development strategies within the rural land stewardship
2490	area, including those described in this subsection and rule 9J-
2491	5.006(5)(l), Florida Administrative Code, which provide for a
2492	functional mix of land uses, including adequate available
2493	workforce housing, including low, very-low and moderate income
2494	housing for the development anticipated in the receiving area
2495	and which are applied through the adoption by the local
2496	government of zoning and land development regulations applicable
2497	to the rural land stewardship area.
2498	d.  A process which encourages visioning pursuant to s.
2499	163.3167(11) to ensure that innovative planning and development
2500	strategies comply with the provisions of this section.
2501	e.  The control of sprawl through the use of innovative
2502	strategies and creative land use techniques consistent with the
2503	provisions of this subsection and rule 9J-5.006(5)(l), Florida
2504	Administrative Code.
2505	5.  A receiving area shall be designated by the adoption of
2506	a land development regulation. Prior to the designation of a
2507	receiving area, the local government shall provide the
2508	Department of Community Affairs a period of 30 days in which to
2509	review a proposed receiving area for consistency with the rural
2510	land stewardship area plan amendment and to provide comments to
2511	the local government. At the time of designation of a
2512	stewardship receiving area, a listed species survey will be
2513	performed. If listed species occur on the receiving area site,
2514	the developer shall coordinate with each appropriate local,
2515	state, or federal agency to determine if adequate provisions
2516	have been made to protect those species in accordance with
2517	applicable regulations. In determining the adequacy of
2518	provisions for the protection of listed species and their
2519	habitats, the rural land stewardship area shall be considered as
2520	a whole, and the impacts to areas to be developed as receiving
2521	areas shall be considered together with the environmental
2522	benefits of areas protected as sending areas in fulfilling this
2523	criteria.
2524	6.  Upon the adoption of a plan amendment creating a rural
2525	land stewardship area, the local government shall, by ordinance,
2526	establish the methodology for the creation, conveyance, and use
2527	of transferable rural land use credits, otherwise referred to as
2528	stewardship credits, the application of which shall not
2529	constitute a right to develop land, nor increase density of
2530	land, except as provided by this section. The total amount of
2531	transferable rural land use credits within the rural land
2532	stewardship area must enable the realization of the long-term
2533	vision and goals for the 25-year or greater projected population
2534	of the rural land stewardship area, which may take into
2535	consideration the anticipated effect of the proposed receiving
2536	areas. Transferable rural land use credits are subject to the
2537	following limitations:
2538	a.  Transferable rural land use credits may only exist
2539	within a rural land stewardship area.
2540	b.  Transferable rural land use credits may only be used on
2541	lands designated as receiving areas and then solely for the
2542	purpose of implementing innovative planning and development
2543	strategies and creative land use planning techniques adopted by
2544	the local government pursuant to this section.
2545	c.  Transferable rural land use credits assigned to a
2546	parcel of land within a rural land stewardship area shall cease
2547	to exist if the parcel of land is removed from the rural land
2548	stewardship area by plan amendment.
2549	d.  Neither the creation of the rural land stewardship area
2550	by plan amendment nor the assignment of transferable rural land
2551	use credits by the local government shall operate to displace
2552	the underlying density of land uses assigned to a parcel of land
2553	within the rural land stewardship area; however, if transferable
2554	rural land use credits are transferred from a parcel for use
2555	within a designated receiving area, the underlying density
2556	assigned to the parcel of land shall cease to exist.
2557	e.  The underlying density on each parcel of land located
2558	within a rural land stewardship area shall not be increased or
2559	decreased by the local government, except as a result of the
2560	conveyance or use of transferable rural land use credits, as
2561	long as the parcel remains within the rural land stewardship
2562	area.
2563	f.  Transferable rural land use credits shall cease to
2564	exist on a parcel of land where the underlying density assigned
2565	to the parcel of land is utilized.
2566	g.  An increase in the density of use on a parcel of land
2567	located within a designated receiving area may occur only
2568	through the assignment or use of transferable rural land use
2569	credits and shall not require a plan amendment.
2570	h.  A change in the density of land use on parcels located
2571	within receiving areas shall be specified in a development order
2572	which reflects the total number of transferable rural land use
2573	credits assigned to the parcel of land and the infrastructure
2574	and support services necessary to provide for a functional mix
2575	of land uses corresponding to the plan of development.
2576	i.  Land within a rural land stewardship area may be
2577	removed from the rural land stewardship area through a plan
2578	amendment.
2579	j.  Transferable rural land use credits may be assigned at
2580	different ratios of credits per acre according to the natural
2581	resource or other beneficial use characteristics of the land and
2582	according to the land use remaining following the transfer of
2583	credits, with the highest number of credits per acre assigned to
2584	the most environmentally valuable land or, in locations where
2585	the retention of open space and agricultural land is a priority,
2586	to such lands.
2587	k.  The use or conveyance of transferable rural land use
2588	credits must be recorded in the public records of the county in
2589	which the property is located as a covenant or restrictive
2590	easement running with the land in favor of the county and either
2591	the Department of Environmental Protection, Department of
2592	Agriculture and Consumer Services, a water management district,
2593	or a recognized statewide land trust.
2594	7.  Owners of land within rural land stewardship areas
2595	should be provided incentives to enter into rural land
2596	stewardship agreements, pursuant to existing law and rules
2597	adopted thereto, with state agencies, water management
2598	districts, and local governments to achieve mutually agreed upon
2599	conservation objectives. Such incentives may include, but not be
2600	limited to, the following:
2601	a.  Opportunity to accumulate transferable mitigation
2602	credits.
2603	b.  Extended permit agreements.
2604	c.  Opportunities for recreational leases and ecotourism.
2605	d.  Payment for specified land management services on
2606	publicly owned land, or property under covenant or restricted
2607	easement in favor of a public entity.
2608	e.  Option agreements for sale to public entities or
2609	private land conservation entities, in either fee or easement,
2610	upon achievement of conservation objectives.
2611	8.  The department shall report to the Legislature on an
2612	annual basis on the results of implementation of rural land
2613	stewardship areas authorized by the department, including
2614	successes and failures in achieving the intent of the
2615	Legislature as expressed in this paragraph.
2616	(e)  The Legislature finds that mixed-use, high-density
2617	development is appropriate for urban infill and redevelopment
2618	areas. Mixed-use projects accommodate a variety of uses,
2619	including residential and commercial, and usually at higher
2620	densities that promote pedestrian-friendly, sustainable
2621	communities. The Legislature recognizes that mixed-use, high-
2622	density development improves the quality of life for residents
2623	and businesses in urban areas. The Legislature finds that mixed-
2624	use, high-density redevelopment and infill benefits residents by
2625	creating a livable community with alternative modes of
2626	transportation. Furthermore, the Legislature finds that local
2627	zoning ordinances often discourage mixed-use, high-density
2628	development in areas that are appropriate for urban infill and
2629	redevelopment. The Legislature intends to discourage single-use
2630	zoning in urban areas which often leads to lower-density, land-
2631	intensive development outside an urban service area. Therefore,
2632	the Department of Community Affairs shall provide technical
2633	assistance to local governments in order to encourage mixed-use,
2634	high-density urban infill and redevelopment projects.
2635	(f)  The Legislature finds that a program for the transfer
2636	of development rights is a useful tool to preserve historic
2637	buildings and create public open spaces in urban areas. A
2638	program for the transfer of development rights allows the
2639	transfer of density credits from historic properties and public
2640	open spaces to areas designated for high-density development.
2641	The Legislature recognizes that high-density development is
2642	integral to the success of many urban infill and redevelopment
2643	projects. The Legislature intends to encourage high-density
2644	urban infill and redevelopment while preserving historic
2645	structures and open spaces. Therefore, the Department of
2646	Community Affairs shall provide technical assistance to local
2647	governments in order to promote the transfer of development
2648	rights within urban areas for high-density infill and
2649	redevelopment projects.
2650	(g)  The implementation of this subsection shall be subject
2651	to the provisions of this chapter, chapters 186 and 187, and
2652	applicable agency rules.
2653	(h)  The department may adopt rules necessary to implement
2654	the provisions of this subsection.
2655	(12)  A public school facilities element adopted to
2656	implement a school concurrency program shall meet the
2657	requirements of this subsection. Each county and each
2658	municipality within the county, unless exempt or subject to a
2659	waiver, must adopt a public school facilities element that is
2660	consistent with those adopted by the other local governments
2661	within the county and enter the interlocal agreement pursuant to
2662	s. 163.31777.
2663	(a)  The state land planning agency may provide a waiver to
2664	a county and to the municipalities within the county if the
2665	capacity rate for all schools within the school district is no
2666	greater than 100 percent and the projected 5-year capital outlay
2667	full-time equivalent student growth rate is less than 10
2668	percent. The state land planning agency may allow for a
2669	projected 5-year capital outlay full-time equivalent student
2670	growth rate to exceed 10 percent when the projected 10-year
2671	capital outlay full-time equivalent student enrollment is less
2672	than 2,000 students and the capacity rate for all schools within
2673	the school district in the tenth year will not exceed the 100-
2674	percent limitation. The state land planning agency may allow for
2675	a single school to exceed the 100-percent limitation if it can
2676	be demonstrated that the capacity rate for that single school is
2677	not greater than 105 percent. In making this determination, the
2678	state land planning agency shall consider the following
2679	criteria:
2680	1.  Whether the exceedance is due to temporary
2681	circumstances;
2682	2.  Whether the projected 5-year capital outlay full time
2683	equivalent student growth rate for the school district is
2684	approaching the 10-percent threshold;
2685	3.  Whether one or more additional schools within the
2686	school district are at or approaching the 100-percent threshold;
2687	and
2688	4.  The adequacy of the data and analysis submitted to
2689	support the waiver request.
2690	(b)  A municipality in a nonexempt county is exempt if the
2691	municipality meets all of the following criteria for having no
2692	significant impact on school attendance:
2693	1.  The municipality has issued development orders for
2694	fewer than 50 residential dwelling units during the preceding 5
2695	years, or the municipality has generated fewer than 25
2696	additional public school students during the preceding 5 years.
2697	2.  The municipality has not annexed new land during the
2698	preceding 5 years in land use categories that permit residential
2699	uses that will affect school attendance rates.
2700	3.  The municipality has no public schools located within
2701	its boundaries.
2702	(c)  A public school facilities element shall be based upon
2703	data and analyses that address, among other items, how level-of-
2704	service standards will be achieved and maintained. Such data and
2705	analyses must include, at a minimum, such items as: the
2706	interlocal agreement adopted pursuant to s. 163.31777 and the 5-
2707	year school district facilities work program adopted pursuant to
2708	s. 1013.35; the educational plant survey prepared pursuant to s.
2709	1013.31 and an existing educational and ancillary plant map or
2710	map series; information on existing development and development
2711	anticipated for the next 5 years and the long-term planning
2712	period; an analysis of problems and opportunities for existing
2713	schools and schools anticipated in the future; an analysis of
2714	opportunities to collocate future schools with other public
2715	facilities such as parks, libraries, and community centers; an
2716	analysis of the need for supporting public facilities for
2717	existing and future schools; an analysis of opportunities to
2718	locate schools to serve as community focal points; projected
2719	future population and associated demographics, including
2720	development patterns year by year for the upcoming 5-year and
2721	long-term planning periods; and anticipated educational and
2722	ancillary plants with land area requirements.
2723	(d)  The element shall contain one or more goals which
2724	establish the long-term end toward which public school programs
2725	and activities are ultimately directed.
2726	(e)  The element shall contain one or more objectives for
2727	each goal, setting specific, measurable, intermediate ends that
2728	are achievable and mark progress toward the goal.
2729	(f)  The element shall contain one or more policies for
2730	each objective which establish the way in which programs and
2731	activities will be conducted to achieve an identified goal.
2732	(g)  The objectives and policies shall address items such
2733	as:
2734	1.  The procedure for an annual update process;
2735	2.  The procedure for school site selection;
2736	3.  The procedure for school permitting;
2737	4.  Provision for infrastructure necessary to support
2738	proposed schools, including potable water, wastewater, drainage,
2739	solid waste, transportation, and means by which to assure safe
2740	access to schools, including sidewalks, bicycle paths, turn
2741	lanes, and signalization;
2742	5.  Provision for colocation of other public facilities,
2743	such as parks, libraries, and community centers, in proximity to
2744	public schools;
2745	6.  Provision for location of schools proximate to
2746	residential areas and to complement patterns of development,
2747	including the location of future school sites so they serve as
2748	community focal points;
2749	7.  Measures to ensure compatibility of school sites and
2750	surrounding land uses;
2751	8.  Coordination with adjacent local governments and the
2752	school district on emergency preparedness issues, including the
2753	use of public schools to serve as emergency shelters; and
2754	9.  Coordination with the future land use element.
2755	(h)  The element shall include one or more future
2756	conditions maps which depict the anticipated location of
2757	educational and ancillary plants, including the general location
2758	of improvements to existing schools or new schools anticipated
2759	over the 5-year or long-term planning period. The maps will of
2760	necessity be general for the long-term planning period and more
2761	specific for the 5-year period. Maps indicating general
2762	locations of future schools or school improvements may not
2763	prescribe a land use on a particular parcel of land.
2764	(i)  The state land planning agency shall establish a
2765	phased schedule for adoption of the public school facilities
2766	element and the required updates to the public schools
2767	interlocal agreement pursuant to s. 163.31777. The schedule
2768	shall provide for each county and local government within the
2769	county to adopt the element and update to the agreement no later
2770	than December 1, 2008. Plan amendments to adopt a public school
2771	facilities element are exempt from the provisions of s.
2772	163.3187(1).
2773	(j)  The state land planning agency may issue a notice to
2774	the school board and the local government to show cause why
2775	sanctions should not be enforced for failure to enter into an
2776	approved interlocal agreement as required by s. 163.31777 or for
2777	failure to implement provisions relating to public school
2778	concurrency. If the state land planning agency finds that
2779	insufficient cause exists for the school board's or local
2780	government's failure to enter into an approved interlocal
2781	agreement as required by s. 163.31777 or for the school board's
2782	or local government's failure to implement the provisions
2783	relating to public school concurrency, the state land planning
2784	agency shall submit its finding to the Administration Commission
2785	which may impose on the local government any of the sanctions
2786	set forth in s. 163.3184(11)(a) and (b) and may impose on the
2787	district school board any of the sanctions set forth in s.
2788	1008.32(4).
2789	(13)  Local governments are encouraged to develop a
2790	community vision that provides for sustainable growth,
2791	recognizes its fiscal constraints, and protects its natural
2792	resources. At the request of a local government, the applicable
2793	regional planning council shall provide assistance in the
2794	development of a community vision.
2795	(a)  As part of the process of developing a community
2796	vision under this section, the local government must hold two
2797	public meetings with at least one of those meetings before the
2798	local planning agency. Before those public meetings, the local
2799	government must hold at least one public workshop with
2800	stakeholder groups such as neighborhood associations, community
2801	organizations, businesses, private property owners, housing and
2802	development interests, and environmental organizations.
2803	(b)  The local government must, at a minimum, discuss five
2804	of the following topics as part of the workshops and public
2805	meetings required under paragraph (a):
2806	1.  Future growth in the area using population forecasts
2807	from the Bureau of Economic and Business Research;
2808	2.  Priorities for economic development;
2809	3.  Preservation of open space, environmentally sensitive
2810	lands, and agricultural lands;
2811	4.  Appropriate areas and standards for mixed-use
2812	development;
2813	5.  Appropriate areas and standards for high-density
2814	commercial and residential development;
2815	6.  Appropriate areas and standards for economic
2816	development opportunities and employment centers;
2817	7.  Provisions for adequate workforce housing;
2818	8.  An efficient, interconnected multimodal transportation
2819	system; and
2820	9.  Opportunities to create land use patterns that
2821	accommodate the issues listed in subparagraphs 1.-8.
2822	(c)  As part of the workshops and public meetings, the
2823	local government must discuss strategies for addressing the
2824	topics discussed under paragraph (b), including:
2825	1.  Strategies to preserve open space and environmentally
2826	sensitive lands, and to encourage a healthy agricultural
2827	economy, including innovative planning and development
2828	strategies, such as the transfer of development rights;
2829	2.  Incentives for mixed-use development, including
2830	increased height and intensity standards for buildings that
2831	provide residential use in combination with office or commercial
2832	space;
2833	3.  Incentives for workforce housing;
2834	4.  Designation of an urban service boundary pursuant to
2835	subsection (2); and
2836	5.  Strategies to provide mobility within the community and
2837	to protect the Strategic Intermodal System, including the
2838	development of a transportation corridor management plan under
2839	s. 337.273.
2840	(d)  The community vision must reflect the community's
2841	shared concept for growth and development of the community,
2842	including visual representations depicting the desired land use
2843	patterns and character of the community during a 10-year
2844	planning timeframe. The community vision must also take into
2845	consideration economic viability of the vision and private
2846	property interests.
2847	(e)  After the workshops and public meetings required under
2848	paragraph (a) are held, the local government may amend its
2849	comprehensive plan to include the community vision as a
2850	component in the plan. This plan amendment must be transmitted
2851	and adopted pursuant to the procedures in ss. 163.3184 and
2852	163.3189 at public hearings of the governing body other than
2853	those identified in paragraph (a).
2854	(f)  Amendments submitted under this subsection are exempt
2855	from the limitation on the frequency of plan amendments in s.
2856	163.3187.
2857	(g)  A local government that has developed a community
2858	vision or completed a visioning process after July 1, 2000, and
2859	before July 1, 2005, which substantially accomplishes the goals
2860	set forth in this subsection and the appropriate goals,
2861	policies, or objectives have been adopted as part of the
2862	comprehensive plan or reflected in subsequently adopted land
2863	development regulations and the plan amendment incorporating the
2864	community vision as a component has been found in compliance is
2865	eligible for the incentives in s. 163.3184(17).
2866	(14)  Local governments are also encouraged to designate an
2867	urban service boundary. This area must be appropriate for
2868	compact, contiguous urban development within a 10-year planning
2869	timeframe. The urban service area boundary must be identified on
2870	the future land use map or map series. The local government
2871	shall demonstrate that the land included within the urban
2872	service boundary is served or is planned to be served with
2873	adequate public facilities and services based on the local
2874	government's adopted level-of-service standards by adopting a
2875	10-year facilities plan in the capital improvements element
2876	which is financially feasible. The local government shall
2877	demonstrate that the amount of land within the urban service
2878	boundary does not exceed the amount of land needed to
2879	accommodate the projected population growth at densities
2880	consistent with the adopted comprehensive plan within the 10-
2881	year planning timeframe.
2882	(a)  As part of the process of establishing an urban
2883	service boundary, the local government must hold two public
2884	meetings with at least one of those meetings before the local
2885	planning agency. Before those public meetings, the local
2886	government must hold at least one public workshop with
2887	stakeholder groups such as neighborhood associations, community
2888	organizations, businesses, private property owners, housing and
2889	development interests, and environmental organizations.
2890	(b)1.  After the workshops and public meetings required
2891	under paragraph (a) are held, the local government may amend its
2892	comprehensive plan to include the urban service boundary. This
2893	plan amendment must be transmitted and adopted pursuant to the
2894	procedures in ss. 163.3184 and 163.3189 at meetings of the
2895	governing body other than those required under paragraph (a).
2896	2.  This subsection does not prohibit new development
2897	outside an urban service boundary. However, a local government
2898	that establishes an urban service boundary under this subsection
2899	is encouraged to require a full-cost-accounting analysis for any
2900	new development outside the boundary and to consider the results
2901	of that analysis when adopting a plan amendment for property
2902	outside the established urban service boundary.
2903	(c)  Amendments submitted under this subsection are exempt
2904	from the limitation on the frequency of plan amendments in s.
2905	163.3187.
2906	(d)  A local government that has adopted an urban service
2907	boundary before July 1, 2005, which substantially accomplishes
2908	the goals set forth in this subsection is not required to comply
2909	with paragraph (a) or subparagraph 1. of paragraph (b) in order
2910	to be eligible for the incentives under s. 163.3184(17). In
2911	order to satisfy the provisions of this paragraph, the local
2912	government must secure a determination from the state land
2913	planning agency that the urban service boundary adopted before
2914	July 1, 2005, substantially complies with the criteria of this
2915	subsection, based on data and analysis submitted by the local
2916	government to support this determination. The determination by
2917	the state land planning agency is not subject to administrative
2918	challenge.
2919	(7)(15)(a)  The Legislature finds that:
2920	1.  There are a number of rural agricultural industrial
2921	centers in the state that process, produce, or aid in the
2922	production or distribution of a variety of agriculturally based
2923	products, including, but not limited to, fruits, vegetables,
2924	timber, and other crops, and juices, paper, and building
2925	materials. Rural agricultural industrial centers have a
2926	significant amount of existing associated infrastructure that is
2927	used for processing, producing, or distributing agricultural
2928	products.
2929	2.  Such rural agricultural industrial centers are often
2930	located within or near communities in which the economy is
2931	largely dependent upon agriculture and agriculturally based
2932	products. The centers significantly enhance the economy of such
2933	communities. However, these agriculturally based communities are
2934	often socioeconomically challenged and designated as rural areas
2935	of critical economic concern. If such rural agricultural
2936	industrial centers are lost and not replaced with other job-
2937	creating enterprises, the agriculturally based communities will
2938	lose a substantial amount of their economies.
2939	3.  The state has a compelling interest in preserving the
2940	viability of agriculture and protecting rural agricultural
2941	communities and the state from the economic upheaval that would
2942	result from short-term or long-term adverse changes in the
2943	agricultural economy. To protect these communities and promote
2944	viable agriculture for the long term, it is essential to
2945	encourage and permit diversification of existing rural
2946	agricultural industrial centers by providing for jobs that are
2947	not solely dependent upon, but are compatible with and
2948	complement, existing agricultural industrial operations and to
2949	encourage the creation and expansion of industries that use
2950	agricultural products in innovative ways. However, the expansion
2951	and diversification of these existing centers must be
2952	accomplished in a manner that does not promote urban sprawl into
2953	surrounding agricultural and rural areas.
2954	(b)  As used in this subsection, the term "rural
2955	agricultural industrial center" means a developed parcel of land
2956	in an unincorporated area on which there exists an operating
2957	agricultural industrial facility or facilities that employ at
2958	least 200 full-time employees in the aggregate and process and
2959	prepare for transport a farm product, as defined in s. 163.3162,
2960	or any biomass material that could be used, directly or
2961	indirectly, for the production of fuel, renewable energy,
2962	bioenergy, or alternative fuel as defined by law. The center may
2963	also include land contiguous to the facility site which is not
2964	used for the cultivation of crops, but on which other existing
2965	activities essential to the operation of such facility or
2966	facilities are located or conducted. The parcel of land must be
2967	located within, or within 10 miles of, a rural area of critical
2968	economic concern.
2969	(c)1.  A landowner whose land is located within a rural
2970	agricultural industrial center may apply for an amendment to the
2971	local government comprehensive plan for the purpose of
2972	designating and expanding the existing agricultural industrial
2973	uses of facilities located within the center or expanding the
2974	existing center to include industrial uses or facilities that
2975	are not dependent upon but are compatible with agriculture and
2976	the existing uses and facilities. A local government
2977	comprehensive plan amendment under this paragraph must:
2978	a.  Not increase the physical area of the existing rural
2979	agricultural industrial center by more than 50 percent or 320
2980	acres, whichever is greater.
2981	b.  Propose a project that would, upon completion, create
2982	at least 50 new full-time jobs.
2983	c.  Demonstrate that sufficient infrastructure capacity
2984	exists or will be provided to support the expanded center at the
2985	level-of-service standards adopted in the local government
2986	comprehensive plan.
2987	d.  Contain goals, objectives, and policies that will
2988	ensure that any adverse environmental impacts of the expanded
2989	center will be adequately addressed and mitigation implemented
2990	or demonstrate that the local government comprehensive plan
2991	contains such provisions.
2992	2.  Within 6 months after receiving an application as
2993	provided in this paragraph, the local government shall transmit
2994	the application to the state land planning agency for review
2995	pursuant to this chapter together with any needed amendments to
2996	the applicable sections of its comprehensive plan to include
2997	goals, objectives, and policies that provide for the expansion
2998	of rural agricultural industrial centers and discourage urban
2999	sprawl in the surrounding areas. Such goals, objectives, and
3000	policies must promote and be consistent with the findings in
3001	this subsection. An amendment that meets the requirements of
3002	this subsection is presumed not to be urban sprawl as defined in
3003	s. 163.3164 consistent with rule 9J-5.006(5), Florida
3004	Administrative Code. This presumption may be rebutted by a
3005	preponderance of the evidence.
3006	(d)  This subsection does not apply to an optional sector
3007	plan adopted pursuant to s. 163.3245, a rural land stewardship
3008	area designated pursuant to s. 163.3248 subsection (11), or any
3009	comprehensive plan amendment that includes an inland port
3010	terminal or affiliated port development.
3011	(e)  Nothing in this subsection shall be construed to
3012	confer the status of rural area of critical economic concern, or
3013	any of the rights or benefits derived from such status, on any
3014	land area not otherwise designated as such pursuant to s.
3015	288.0656(7).
3016	Section 13.  Section 163.31777, Florida Statutes, is
3017	amended to read:
3018	163.31777  Public schools interlocal agreement.-
3019	(1)(a)  The county and municipalities located within the
3020	geographic area of a school district shall enter into an
3021	interlocal agreement with the district school board which
3022	jointly establishes the specific ways in which the plans and
3023	processes of the district school board and the local governments
3024	are to be coordinated. The interlocal agreements shall be
3025	submitted to the state land planning agency and the Office of
3026	Educational Facilities in accordance with a schedule published
3027	by the state land planning agency.
3028	(b)  The schedule must establish staggered due dates for
3029	submission of interlocal agreements that are executed by both
3030	the local government and the district school board, commencing
3031	on March 1, 2003, and concluding by December 1, 2004, and must
3032	set the same date for all governmental entities within a school
3033	district. However, if the county where the school district is
3034	located contains more than 20 municipalities, the state land
3035	planning agency may establish staggered due dates for the
3036	submission of interlocal agreements by these municipalities. The
3037	schedule must begin with those areas where both the number of
3038	districtwide capital-outlay full-time-equivalent students equals
3039	80 percent or more of the current year's school capacity and the
3040	projected 5-year student growth is 1,000 or greater, or where
3041	the projected 5-year student growth rate is 10 percent or
3042	greater.
3043	(c)  If the student population has declined over the 5-year
3044	period preceding the due date for submittal of an interlocal
3045	agreement by the local government and the district school board,
3046	the local government and the district school board may petition
3047	the state land planning agency for a waiver of one or more
3048	requirements of subsection (2). The waiver must be granted if
3049	the procedures called for in subsection (2) are unnecessary
3050	because of the school district's declining school age
3051	population, considering the district's 5-year facilities work
3052	program prepared pursuant to s. 1013.35. The state land planning
3053	agency may modify or revoke the waiver upon a finding that the
3054	conditions upon which the waiver was granted no longer exist.
3055	The district school board and local governments must submit an
3056	interlocal agreement within 1 year after notification by the
3057	state land planning agency that the conditions for a waiver no
3058	longer exist.
3059	(d)  Interlocal agreements between local governments and
3060	district school boards adopted pursuant to s. 163.3177 before
3061	the effective date of this section must be updated and executed
3062	pursuant to the requirements of this section, if necessary.
3063	Amendments to interlocal agreements adopted pursuant to this
3064	section must be submitted to the state land planning agency
3065	within 30 days after execution by the parties for review
3066	consistent with this section. Local governments and the district
3067	school board in each school district are encouraged to adopt a
3068	single interlocal agreement to which all join as parties. The
3069	state land planning agency shall assemble and make available
3070	model interlocal agreements meeting the requirements of this
3071	section and notify local governments and, jointly with the
3072	Department of Education, the district school boards of the
3073	requirements of this section, the dates for compliance, and the
3074	sanctions for noncompliance. The state land planning agency
3075	shall be available to informally review proposed interlocal
3076	agreements. If the state land planning agency has not received a
3077	proposed interlocal agreement for informal review, the state
3078	land planning agency shall, at least 60 days before the deadline
3079	for submission of the executed agreement, renotify the local
3080	government and the district school board of the upcoming
3081	deadline and the potential for sanctions.
3082	(2)  At a minimum, the interlocal agreement must address
3083	interlocal-agreement requirements in s. 163.3180(13)(g), except
3084	for exempt local governments as provided in s. 163.3177(12), and
3085	must address the following issues:
3086	(a)  A process by which each local government and the
3087	district school board agree and base their plans on consistent
3088	projections of the amount, type, and distribution of population
3089	growth and student enrollment. The geographic distribution of
3090	jurisdiction-wide growth forecasts is a major objective of the
3091	process.
3092	(b)  A process to coordinate and share information relating
3093	to existing and planned public school facilities, including
3094	school renovations and closures, and local government plans for
3095	development and redevelopment.
3096	(c)  Participation by affected local governments with the
3097	district school board in the process of evaluating potential
3098	school closures, significant renovations to existing schools,
3099	and new school site selection before land acquisition. Local
3100	governments shall advise the district school board as to the
3101	consistency of the proposed closure, renovation, or new site
3102	with the local comprehensive plan, including appropriate
3103	circumstances and criteria under which a district school board
3104	may request an amendment to the comprehensive plan for school
3105	siting.
3106	(d)  A process for determining the need for and timing of
3107	onsite and offsite improvements to support new, proposed
3108	expansion, or redevelopment of existing schools. The process
3109	must address identification of the party or parties responsible
3110	for the improvements.
3111	(e)  A process for the school board to inform the local
3112	government regarding the effect of comprehensive plan amendments
3113	on school capacity. The capacity reporting must be consistent
3114	with laws and rules relating to measurement of school facility
3115	capacity and must also identify how the district school board
3116	will meet the public school demand based on the facilities work
3117	program adopted pursuant to s. 1013.35.
3118	(f)  Participation of the local governments in the
3119	preparation of the annual update to the district school board's
3120	5-year district facilities work program and educational plant
3121	survey prepared pursuant to s. 1013.35.
3122	(g)  A process for determining where and how joint use of
3123	either school board or local government facilities can be shared
3124	for mutual benefit and efficiency.
3125	(h)  A procedure for the resolution of disputes between the
3126	district school board and local governments, which may include
3127	the dispute resolution processes contained in chapters 164 and
3128	186.
3129	(i)  An oversight process, including an opportunity for
3130	public participation, for the implementation of the interlocal
3131	agreement.
3132	(3)(a)  The Office of Educational Facilities shall submit
3133	any comments or concerns regarding the executed interlocal
3134	agreement to the state land planning agency within 30 days after
3135	receipt of the executed interlocal agreement. The state land
3136	planning agency shall review the executed interlocal agreement
3137	to determine whether it is consistent with the requirements of
3138	subsection (2), the adopted local government comprehensive plan,
3139	and other requirements of law. Within 60 days after receipt of
3140	an executed interlocal agreement, the state land planning agency
3141	shall publish a notice of intent in the Florida Administrative
3142	Weekly and shall post a copy of the notice on the agency's
3143	Internet site. The notice of intent must state whether the
3144	interlocal agreement is consistent or inconsistent with the
3145	requirements of subsection (2) and this subsection, as
3146	appropriate.
3147	(b)  The state land planning agency's notice is subject to
3148	challenge under chapter 120; however, an affected person, as
3149	defined in s. 163.3184(1)(a), has standing to initiate the
3150	administrative proceeding, and this proceeding is the sole means
3151	available to challenge the consistency of an interlocal
3152	agreement required by this section with the criteria contained
3153	in subsection (2) and this subsection. In order to have
3154	standing, each person must have submitted oral or written
3155	comments, recommendations, or objections to the local government
3156	or the school board before the adoption of the interlocal
3157	agreement by the school board and local government. The district
3158	school board and local governments are parties to any such
3159	proceeding. In this proceeding, when the state land planning
3160	agency finds the interlocal agreement to be consistent with the
3161	criteria in subsection (2) and this subsection, the interlocal
3162	agreement shall be determined to be consistent with subsection
3163	(2) and this subsection if the local government's and school
3164	board's determination of consistency is fairly debatable. When
3165	the state planning agency finds the interlocal agreement to be
3166	inconsistent with the requirements of subsection (2) and this
3167	subsection, the local government's and school board's
3168	determination of consistency shall be sustained unless it is
3169	shown by a preponderance of the evidence that the interlocal
3170	agreement is inconsistent.
3171	(c)  If the state land planning agency enters a final order
3172	that finds that the interlocal agreement is inconsistent with
3173	the requirements of subsection (2) or this subsection, it shall
3174	forward it to the Administration Commission, which may impose
3175	sanctions against the local government pursuant to s.
3176	163.3184(11) and may impose sanctions against the district
3177	school board by directing the Department of Education to
3178	withhold from the district school board an equivalent amount of
3179	funds for school construction available pursuant to ss. 1013.65,
3180	1013.68, 1013.70, and 1013.72.
3181	(4)  If an executed interlocal agreement is not timely
3182	submitted to the state land planning agency for review, the
3183	state land planning agency shall, within 15 working days after
3184	the deadline for submittal, issue to the local government and
3185	the district school board a Notice to Show Cause why sanctions
3186	should not be imposed for failure to submit an executed
3187	interlocal agreement by the deadline established by the agency.
3188	The agency shall forward the notice and the responses to the
3189	Administration Commission, which may enter a final order citing
3190	the failure to comply and imposing sanctions against the local
3191	government and district school board by directing the
3192	appropriate agencies to withhold at least 5 percent of state
3193	funds pursuant to s. 163.3184(11) and by directing the
3194	Department of Education to withhold from the district school
3195	board at least 5 percent of funds for school construction
3196	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
3197	1013.72.
3198	(5)  Any local government transmitting a public school
3199	element to implement school concurrency pursuant to the
3200	requirements of s. 163.3180 before the effective date of this
3201	section is not required to amend the element or any interlocal
3202	agreement to conform with the provisions of this section if the
3203	element is adopted prior to or within 1 year after the effective
3204	date of this section and remains in effect until the county
3205	conducts its evaluation and appraisal report and identifies
3206	changes necessary to more fully conform to the provisions of
3207	this section.
3208	(6)  Except as provided in subsection (7), municipalities
3209	meeting the exemption criteria in s. 163.3177(12) are exempt
3210	from the requirements of subsections (1), (2), and (3).
3211	(7)  At the time of the evaluation and appraisal report,
3212	each exempt municipality shall assess the extent to which it
3213	continues to meet the criteria for exemption under s.
3214	163.3177(12). If the municipality continues to meet these
3215	criteria, the municipality shall continue to be exempt from the
3216	interlocal-agreement requirement. Each municipality exempt under
3217	s. 163.3177(12) must comply with the provisions of this section
3218	within 1 year after the district school board proposes, in its
3219	5-year district facilities work program, a new school within the
3220	municipality's jurisdiction.
3221	Section 14.  Subsection (9) of section 163.3178, Florida
3222	Statutes, is amended to read:
3223	163.3178  Coastal management.-
3224	(9)(a)  Local governments may elect to comply with rule 9J-
3225	5.012(3)(b)6. and 7., Florida Administrative Code, through the
3226	process provided in this section. A proposed comprehensive plan
3227	amendment shall be found in compliance with state coastal high-
3228	hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3229	Florida Administrative Code, if:
3230	1.  The adopted level of service for out-of-county
3231	hurricane evacuation is maintained for a category 5 storm event
3232	as measured on the Saffir-Simpson scale; or
3233	2.  A 12-hour evacuation time to shelter is maintained for
3234	a category 5 storm event as measured on the Saffir-Simpson scale
3235	and shelter space reasonably expected to accommodate the
3236	residents of the development contemplated by a proposed
3237	comprehensive plan amendment is available; or
3238	3.  Appropriate mitigation is provided that will satisfy
3239	the provisions of subparagraph 1. or subparagraph 2. Appropriate
3240	mitigation shall include, without limitation, payment of money,
3241	contribution of land, and construction of hurricane shelters and
3242	transportation facilities. Required mitigation may shall not
3243	exceed the amount required for a developer to accommodate
3244	impacts reasonably attributable to development. A local
3245	government and a developer shall enter into a binding agreement
3246	to memorialize the mitigation plan.
3247	(b)  For those local governments that have not established
3248	a level of service for out-of-county hurricane evacuation by
3249	July 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and
3250	7., Florida Administrative Code, by following the process in
3251	paragraph (a), the level of service shall be no greater than 16
3252	hours for a category 5 storm event as measured on the Saffir-
3253	Simpson scale.
3254	(c)  This subsection shall become effective immediately and
3255	shall apply to all local governments. No later than July 1,
3256	2008, local governments shall amend their future land use map
3257	and coastal management element to include the new definition of
3258	coastal high-hazard area and to depict the coastal high-hazard
3259	area on the future land use map.
3260	Section 15.  Section 163.3180, Florida Statutes, is amended
3261	to read:
3262	163.3180  Concurrency.-
3263	(1)(a)  Sanitary sewer, solid waste, drainage, and potable
3264	water, parks and recreation, schools, and transportation
3265	facilities, including mass transit, where applicable, are the
3266	only public facilities and services subject to the concurrency
3267	requirement on a statewide basis. Additional public facilities
3268	and services may not be made subject to concurrency on a
3269	statewide basis without appropriate study and approval by the
3270	Legislature; however, any local government may extend the
3271	concurrency requirement so that it applies to additional public
3272	facilities within its jurisdiction. If concurrency is applied to
3273	other public facilities, the local government comprehensive plan
3274	must provide the principles, guidelines, standards, and
3275	strategies, including adopted levels of service, to guide its
3276	application. In order for a local government to rescind any
3277	optional concurrency provisions, a comprehensive plan amendment
3278	is required. An amendment rescinding optional concurrency issues
3279	is not subject to state review. The local government
3280	comprehensive plan must demonstrate, for required or optional
3281	concurrency requirements, that the levels of service adopted can
3282	be reasonably met. Infrastructure needed to ensure that adopted
3283	level-of-service standards are achieved and maintained for the
3284	5-year period of the capital improvement schedule must be
3285	identified pursuant to the requirements of s. 163.3177(3).
3286	(b)  Local governments shall use professionally accepted
3287	techniques for measuring level of service for automobiles,
3288	bicycles, pedestrians, transit, and trucks. These techniques may
3289	be used to evaluate increased accessibility by multiple modes
3290	and reductions in vehicle miles of travel in an area or zone.
3291	The Department of Transportation shall develop methodologies to
3292	assist local governments in implementing this multimodal level-
3293	of-service analysis. The Department of Community Affairs and the
3294	Department of Transportation shall provide technical assistance
3295	to local governments in applying these methodologies.
3296	(2)(a)  Consistent with public health and safety, sanitary
3297	sewer, solid waste, drainage, adequate water supplies, and
3298	potable water facilities shall be in place and available to
3299	serve new development no later than the issuance by the local
3300	government of a certificate of occupancy or its functional
3301	equivalent. Prior to approval of a building permit or its
3302	functional equivalent, the local government shall consult with
3303	the applicable water supplier to determine whether adequate
3304	water supplies to serve the new development will be available no
3305	later than the anticipated date of issuance by the local
3306	government of a certificate of occupancy or its functional
3307	equivalent. A local government may meet the concurrency
3308	requirement for sanitary sewer through the use of onsite sewage
3309	treatment and disposal systems approved by the Department of
3310	Health to serve new development.
3311	(b)  Consistent with the public welfare, and except as
3312	otherwise provided in this section, parks and recreation
3313	facilities to serve new development shall be in place or under
3314	actual construction no later than 1 year after issuance by the
3315	local government of a certificate of occupancy or its functional
3316	equivalent. However, the acreage for such facilities shall be
3317	dedicated or be acquired by the local government prior to
3318	issuance by the local government of a certificate of occupancy
3319	or its functional equivalent, or funds in the amount of the
3320	developer's fair share shall be committed no later than the
3321	local government's approval to commence construction.
3322	(c)  Consistent with the public welfare, and except as
3323	otherwise provided in this section, transportation facilities
3324	needed to serve new development shall be in place or under
3325	actual construction within 3 years after the local government
3326	approves a building permit or its functional equivalent that
3327	results in traffic generation.
3328	(3)  Governmental entities that are not responsible for
3329	providing, financing, operating, or regulating public facilities
3330	needed to serve development may not establish binding level-of-
3331	service standards on governmental entities that do bear those
3332	responsibilities. This subsection does not limit the authority
3333	of any agency to recommend or make objections, recommendations,
3334	comments, or determinations during reviews conducted under s.
3335	163.3184.
3336	(4)(a)  The concurrency requirement as implemented in local
3337	comprehensive plans applies to state and other public facilities
3338	and development to the same extent that it applies to all other
3339	facilities and development, as provided by law.
3340	(b)  The concurrency requirement as implemented in local
3341	comprehensive plans does not apply to public transit facilities.
3342	For the purposes of this paragraph, public transit facilities
3343	include transit stations and terminals; transit station parking;
3344	park-and-ride lots; intermodal public transit connection or
3345	transfer facilities; fixed bus, guideway, and rail stations; and
3346	airport passenger terminals and concourses, air cargo
3347	facilities, and hangars for the assembly, manufacture,
3348	maintenance, or storage of aircraft. As used in this paragraph,
3349	the terms "terminals" and "transit facilities" do not include
3350	seaports or commercial or residential development constructed in
3351	conjunction with a public transit facility.
3352	(c)  The concurrency requirement, except as it relates to
3353	transportation facilities and public schools, as implemented in
3354	local government comprehensive plans, may be waived by a local
3355	government for urban infill and redevelopment areas designated
3356	pursuant to s. 163.2517 if such a waiver does not endanger
3357	public health or safety as defined by the local government in
3358	its local government comprehensive plan. The waiver shall be
3359	adopted as a plan amendment pursuant to the process set forth in
3360	s. 163.3187(3)(a). A local government may grant a concurrency
3361	exception pursuant to subsection (5) for transportation
3362	facilities located within these urban infill and redevelopment
3363	areas.
3364	(5)(a)  If concurrency is applied to transportation
3365	facilities, the local government comprehensive plan must provide
3366	the principles, guidelines, standards, and strategies, including
3367	adopted levels of service to guide its application.
3368	(b)  Local governments shall use professionally accepted
3369	studies to determine appropriate levels of service, which shall
3370	be based on a schedule of facilities that will be necessary to
3371	meet level of service demands reflected in the capital
3372	improvement element.
3373	(c)  Local governments shall use professionally accepted
3374	techniques for measuring levels of service when evaluating
3375	potential impacts of a proposed development.
3376	(d)  The premise of concurrency is that the public
3377	facilities will be provided in order to achieve and maintain the
3378	adopted level of service standard. A comprehensive plan that
3379	imposes transportation concurrency shall contain appropriate
3380	amendments to the capital improvements element of the
3381	comprehensive plan, consistent with the requirements of s.
3382	163.3177(3). The capital improvements element shall identify
3383	facilities necessary to meet adopted levels of service during a
3384	5-year period.
3385	(e)  If a local government applies transportation
3386	concurrency in its jurisdiction, it is encouraged to develop
3387	policy guidelines and techniques to address potential negative
3388	impacts on future development:
3389	1.  In urban infill and redevelopment, and urban service
3390	areas.
3391	2.  With special part-time demands on the transportation
3392	system.
3393	3.  With de minimis impacts.
3394	4.  On community desired types of development, such as
3395	redevelopment, or job creation projects.
3396	(f)  Local governments are encouraged to develop tools and
3397	techniques to complement the application of transportation
3398	concurrency such as:
3399	1.  Adoption of long-term strategies to facilitate
3400	development patterns that support multimodal solutions,
3401	including urban design, and appropriate land use mixes,
3402	including intensity and density.
3403	2.  Adoption of an areawide level of service not dependent
3404	on any single road segment function.
3405	3.  Exempting or discounting impacts of locally desired
3406	development, such as development in urban areas, redevelopment,
3407	job creation, and mixed use on the transportation system.
3408	4.  Assigning secondary priority to vehicle mobility and
3409	primary priority to ensuring a safe, comfortable, and attractive
3410	pedestrian environment, with convenient interconnection to
3411	transit.
3412	5.  Establishing multimodal level of service standards that
3413	rely primarily on nonvehicular modes of transportation where
3414	existing or planned community design will provide adequate level
3415	of mobility.
3416	6.  Reducing impact fees or local access fees to promote
3417	development within urban areas, multimodal transportation
3418	districts, and a balance of mixed use development in certain
3419	areas or districts, or for affordable or workforce housing.
3420	(g)  Local governments are encouraged to coordinate with
3421	adjacent local governments for the purpose of using common
3422	methodologies for measuring impacts on transportation
3423	facilities.
3424	(h)  Local governments that implement transportation
3425	concurrency must:
3426	1.  Consult with the Department of Transportation when
3427	proposed plan amendments affect facilities on the strategic
3428	intermodal system.
3429	2.  Exempt public transit facilities from concurrency. For
3430	the purposes of this subparagraph, public transit facilities
3431	include transit stations and terminals; transit station parking;
3432	park-and-ride lots; intermodal public transit connection or
3433	transfer facilities; fixed bus, guideway, and rail stations; and
3434	airport passenger terminals and concourses, air cargo
3435	facilities, and hangars for the assembly, manufacture,
3436	maintenance, or storage of aircraft. As used in this
3437	subparagraph, the terms "terminals" and "transit facilities" do
3438	not include seaports or commercial or residential development
3439	constructed in conjunction with a public transit facility.
3440	3.  Allow an applicant for a development-of-regional-impact
3441	development order, a rezoning, or other land use development
3442	permit to satisfy the transportation concurrency requirements of
3443	the local comprehensive plan, the local government's concurrency
3444	management system, and s. 380.06, when applicable, if:
3445	a.  The applicant enters into a binding agreement to pay
3446	for or construct its proportionate share of required
3447	improvements.
3448	b. The proportionate share contribution or construction is
3449	sufficient to accomplish one or more mobility improvements that
3450	will benefit a regionally significant transportation facility.
3451	c.  The local government has provided a means by which the
3452	landowner will be assessed a proportionate share of the cost of
3453	providing the transportation facilities necessary to serve the
3454	proposed development.
3455
3456	When an applicant contributes or constructs its proportionate
3457	share, pursuant to this subparagraph, a local government may not
3458	require payment or construction of transportation facilities
3459	whose costs would be greater than a development's proportionate
3460	share of the improvements necessary to mitigate the
3461	development's impacts. The proportionate share contribution
3462	shall be calculated based upon the number of trips from the
3463	proposed development expected to reach roadways during the peak
3464	hour from the stage or phase being approved, divided by the
3465	change in the peak hour maximum service volume of roadways
3466	resulting from construction of an improvement necessary to
3467	maintain or achieve the adopted level of service, multiplied by
3468	the construction cost, at the time of development payment, of
3469	the improvement necessary to maintain or achieve the adopted
3470	level of service. When the requirements of this paragraph have
3471	been satisfied for a particular stage or phase of development,
3472	all transportation impacts from that stage or phase shall be
3473	deemed fully mitigated in any cumulative transportation analysis
3474	for a subsequent stage or phase of development. In projecting
3475	the number of trips to be generated by the development under
3476	review, any trips assigned to a toll-financed facility shall be
3477	eliminated from the analysis. The applicant is not responsible
3478	for the cost of reducing or eliminating deficits that exist
3479	prior to the filing of the application and shall receive a
3480	credit on a dollar-for-dollar basis for transportation impact
3481	fees payable in the future for the project. This subparagraph
3482	does not require a local government to approve a development
3483	that is not otherwise qualified for approval pursuant to the
3484	applicable local comprehensive plan and land development
3485	regulations.
3486	(a)  The Legislature finds that under limited
3487	circumstances, countervailing planning and public policy goals
3488	may come into conflict with the requirement that adequate public
3489	transportation facilities and services be available concurrent
3490	with the impacts of such development. The Legislature further
3491	finds that the unintended result of the concurrency requirement
3492	for transportation facilities is often the discouragement of
3493	urban infill development and redevelopment. Such unintended
3494	results directly conflict with the goals and policies of the
3495	state comprehensive plan and the intent of this part. The
3496	Legislature also finds that in urban centers transportation
3497	cannot be effectively managed and mobility cannot be improved
3498	solely through the expansion of roadway capacity, that the
3499	expansion of roadway capacity is not always physically or
3500	financially possible, and that a range of transportation
3501	alternatives is essential to satisfy mobility needs, reduce
3502	congestion, and achieve healthy, vibrant centers.
3503	(b)1.  The following are transportation concurrency
3504	exception areas:
3505	a.  A municipality that qualifies as a dense urban land
3506	area under s. 163.3164;
3507	b.  An urban service area under s. 163.3164 that has been
3508	adopted into the local comprehensive plan and is located within
3509	a county that qualifies as a dense urban land area under s.
3510	163.3164; and
3511	c.  A county, including the municipalities located therein,
3512	which has a population of at least 900,000 and qualifies as a
3513	dense urban land area under s. 163.3164, but does not have an
3514	urban service area designated in the local comprehensive plan.
3515	2.  A municipality that does not qualify as a dense urban
3516	land area pursuant to s. 163.3164 may designate in its local
3517	comprehensive plan the following areas as transportation
3518	concurrency exception areas:
3519	a.  Urban infill as defined in s. 163.3164;
3520	b.  Community redevelopment areas as defined in s. 163.340;
3521	c.  Downtown revitalization areas as defined in s.
3522	163.3164;
3523	d.  Urban infill and redevelopment under s. 163.2517; or
3524	e.  Urban service areas as defined in s. 163.3164 or areas
3525	within a designated urban service boundary under s.
3526	163.3177(14).
3527	3.  A county that does not qualify as a dense urban land
3528	area pursuant to s. 163.3164 may designate in its local
3529	comprehensive plan the following areas as transportation
3530	concurrency exception areas:
3531	a.  Urban infill as defined in s. 163.3164;
3532	b.  Urban infill and redevelopment under s. 163.2517; or
3533	c.  Urban service areas as defined in s. 163.3164.
3534	4.  A local government that has a transportation
3535	concurrency exception area designated pursuant to subparagraph
3536	1., subparagraph 2., or subparagraph 3. shall, within 2 years
3537	after the designated area becomes exempt, adopt into its local
3538	comprehensive plan land use and transportation strategies to
3539	support and fund mobility within the exception area, including
3540	alternative modes of transportation. Local governments are
3541	encouraged to adopt complementary land use and transportation
3542	strategies that reflect the region's shared vision for its
3543	future. If the state land planning agency finds insufficient
3544	cause for the failure to adopt into its comprehensive plan land
3545	use and transportation strategies to support and fund mobility
3546	within the designated exception area after 2 years, it shall
3547	submit the finding to the Administration Commission, which may
3548	impose any of the sanctions set forth in s. 163.3184(11)(a) and
3549	(b) against the local government.
3550	5.  Transportation concurrency exception areas designated
3551	pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3552	do not apply to designated transportation concurrency districts
3553	located within a county that has a population of at least 1.5
3554	million, has implemented and uses a transportation-related
3555	concurrency assessment to support alternative modes of
3556	transportation, including, but not limited to, mass transit, and
3557	does not levy transportation impact fees within the concurrency
3558	district.
3559	6.  Transportation concurrency exception areas designated
3560	under subparagraph 1., subparagraph 2., or subparagraph 3. do
3561	not apply in any county that has exempted more than 40 percent
3562	of the area inside the urban service area from transportation
3563	concurrency for the purpose of urban infill.
3564	7.  A local government that does not have a transportation
3565	concurrency exception area designated pursuant to subparagraph
3566	1., subparagraph 2., or subparagraph 3. may grant an exception
3567	from the concurrency requirement for transportation facilities
3568	if the proposed development is otherwise consistent with the
3569	adopted local government comprehensive plan and is a project
3570	that promotes public transportation or is located within an area
3571	designated in the comprehensive plan for:
3572	a.  Urban infill development;
3573	b.  Urban redevelopment;
3574	c.  Downtown revitalization;
3575	d.  Urban infill and redevelopment under s. 163.2517; or
3576	e.  An urban service area specifically designated as a
3577	transportation concurrency exception area which includes lands
3578	appropriate for compact, contiguous urban development, which
3579	does not exceed the amount of land needed to accommodate the
3580	projected population growth at densities consistent with the
3581	adopted comprehensive plan within the 10-year planning period,
3582	and which is served or is planned to be served with public
3583	facilities and services as provided by the capital improvements
3584	element.
3585	(c)  The Legislature also finds that developments located
3586	within urban infill, urban redevelopment, urban service, or
3587	downtown revitalization areas or areas designated as urban
3588	infill and redevelopment areas under s. 163.2517, which pose
3589	only special part-time demands on the transportation system, are
3590	exempt from the concurrency requirement for transportation
3591	facilities. A special part-time demand is one that does not have
3592	more than 200 scheduled events during any calendar year and does
3593	not affect the 100 highest traffic volume hours.
3594	(d)  Except for transportation concurrency exception areas
3595	designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3596	or subparagraph (b)3., the following requirements apply:
3597	1.  The local government shall both adopt into the
3598	comprehensive plan and implement long-term strategies to support
3599	and fund mobility within the designated exception area,
3600	including alternative modes of transportation. The plan
3601	amendment must also demonstrate how strategies will support the
3602	purpose of the exception and how mobility within the designated
3603	exception area will be provided.
3604	2.  The strategies must address urban design; appropriate
3605	land use mixes, including intensity and density; and network
3606	connectivity plans needed to promote urban infill,
3607	redevelopment, or downtown revitalization. The comprehensive
3608	plan amendment designating the concurrency exception area must
3609	be accompanied by data and analysis supporting the local
3610	government's determination of the boundaries of the
3611	transportation concurrency exception area.
3612	(e)  Before designating a concurrency exception area
3613	pursuant to subparagraph (b)7., the state land planning agency
3614	and the Department of Transportation shall be consulted by the
3615	local government to assess the impact that the proposed
3616	exception area is expected to have on the adopted level-of-
3617	service standards established for regional transportation
3618	facilities identified pursuant to s. 186.507, including the
3619	Strategic Intermodal System and roadway facilities funded in
3620	accordance with s. 339.2819. Further, the local government shall
3621	provide a plan for the mitigation of impacts to the Strategic
3622	Intermodal System, including, if appropriate, access management,
3623	parallel reliever roads, transportation demand management, and
3624	other measures.
3625	(f)  The designation of a transportation concurrency
3626	exception area does not limit a local government's home rule
3627	power to adopt ordinances or impose fees. This subsection does
3628	not affect any contract or agreement entered into or development
3629	order rendered before the creation of the transportation
3630	concurrency exception area except as provided in s.
3631	380.06(29)(e).
3632	(g)  The Office of Program Policy Analysis and Government
3633	Accountability shall submit to the President of the Senate and
3634	the Speaker of the House of Representatives by February 1, 2015,
3635	a report on transportation concurrency exception areas created
3636	pursuant to this subsection. At a minimum, the report shall
3637	address the methods that local governments have used to
3638	implement and fund transportation strategies to achieve the
3639	purposes of designated transportation concurrency exception
3640	areas, and the effects of the strategies on mobility,
3641	congestion, urban design, the density and intensity of land use
3642	mixes, and network connectivity plans used to promote urban
3643	infill, redevelopment, or downtown revitalization.
3644	(6)  The Legislature finds that a de minimis impact is
3645	consistent with this part. A de minimis impact is an impact that
3646	would not affect more than 1 percent of the maximum volume at
3647	the adopted level of service of the affected transportation
3648	facility as determined by the local government. No impact will
3649	be de minimis if the sum of existing roadway volumes and the
3650	projected volumes from approved projects on a transportation
3651	facility would exceed 110 percent of the maximum volume at the
3652	adopted level of service of the affected transportation
3653	facility; provided however, that an impact of a single family
3654	home on an existing lot will constitute a de minimis impact on
3655	all roadways regardless of the level of the deficiency of the
3656	roadway. Further, no impact will be de minimis if it would
3657	exceed the adopted level-of-service standard of any affected
3658	designated hurricane evacuation routes. Each local government
3659	shall maintain sufficient records to ensure that the 110-percent
3660	criterion is not exceeded. Each local government shall submit
3661	annually, with its updated capital improvements element, a
3662	summary of the de minimis records. If the state land planning
3663	agency determines that the 110-percent criterion has been
3664	exceeded, the state land planning agency shall notify the local
3665	government of the exceedance and that no further de minimis
3666	exceptions for the applicable roadway may be granted until such
3667	time as the volume is reduced below the 110 percent. The local
3668	government shall provide proof of this reduction to the state
3669	land planning agency before issuing further de minimis
3670	exceptions.
3671	(7)  In order to promote infill development and
3672	redevelopment, one or more transportation concurrency management
3673	areas may be designated in a local government comprehensive
3674	plan. A transportation concurrency management area must be a
3675	compact geographic area with an existing network of roads where
3676	multiple, viable alternative travel paths or modes are available
3677	for common trips. A local government may establish an areawide
3678	level-of-service standard for such a transportation concurrency
3679	management area based upon an analysis that provides for a
3680	justification for the areawide level of service, how urban
3681	infill development or redevelopment will be promoted, and how
3682	mobility will be accomplished within the transportation
3683	concurrency management area. Prior to the designation of a
3684	concurrency management area, the Department of Transportation
3685	shall be consulted by the local government to assess the impact
3686	that the proposed concurrency management area is expected to
3687	have on the adopted level-of-service standards established for
3688	Strategic Intermodal System facilities, as defined in s. 339.64,
3689	and roadway facilities funded in accordance with s. 339.2819.
3690	Further, the local government shall, in cooperation with the
3691	Department of Transportation, develop a plan to mitigate any
3692	impacts to the Strategic Intermodal System, including, if
3693	appropriate, the development of a long-term concurrency
3694	management system pursuant to subsection (9) and s.
3695	163.3177(3)(d). Transportation concurrency management areas
3696	existing prior to July 1, 2005, shall meet, at a minimum, the
3697	provisions of this section by July 1, 2006, or at the time of
3698	the comprehensive plan update pursuant to the evaluation and
3699	appraisal report, whichever occurs last. The state land planning
3700	agency shall amend chapter 9J-5, Florida Administrative Code, to
3701	be consistent with this subsection.
3702	(8)  When assessing the transportation impacts of proposed
3703	urban redevelopment within an established existing urban service
3704	area, 110 percent of the actual transportation impact caused by
3705	the previously existing development must be reserved for the
3706	redevelopment, even if the previously existing development has a
3707	lesser or nonexisting impact pursuant to the calculations of the
3708	local government. Redevelopment requiring less than 110 percent
3709	of the previously existing capacity shall not be prohibited due
3710	to the reduction of transportation levels of service below the
3711	adopted standards. This does not preclude the appropriate
3712	assessment of fees or accounting for the impacts within the
3713	concurrency management system and capital improvements program
3714	of the affected local government. This paragraph does not affect
3715	local government requirements for appropriate development
3716	permits.
3717	(9)(a)  Each local government may adopt as a part of its
3718	plan, long-term transportation and school concurrency management
3719	systems with a planning period of up to 10 years for specially
3720	designated districts or areas where significant backlogs exist.
3721	The plan may include interim level-of-service standards on
3722	certain facilities and shall rely on the local government's
3723	schedule of capital improvements for up to 10 years as a basis
3724	for issuing development orders that authorize commencement of
3725	construction in these designated districts or areas. The
3726	concurrency management system must be designed to correct
3727	existing deficiencies and set priorities for addressing
3728	backlogged facilities. The concurrency management system must be
3729	financially feasible and consistent with other portions of the
3730	adopted local plan, including the future land use map.
3731	(b)  If a local government has a transportation or school
3732	facility backlog for existing development which cannot be
3733	adequately addressed in a 10-year plan, the state land planning
3734	agency may allow it to develop a plan and long-term schedule of
3735	capital improvements covering up to 15 years for good and
3736	sufficient cause, based on a general comparison between that
3737	local government and all other similarly situated local
3738	jurisdictions, using the following factors:
3739	1.  The extent of the backlog.
3740	2.  For roads, whether the backlog is on local or state
3741	roads.
3742	3.  The cost of eliminating the backlog.
3743	4.  The local government's tax and other revenue-raising
3744	efforts.
3745	(c)  The local government may issue approvals to commence
3746	construction notwithstanding this section, consistent with and
3747	in areas that are subject to a long-term concurrency management
3748	system.
3749	(d)  If the local government adopts a long-term concurrency
3750	management system, it must evaluate the system periodically. At
3751	a minimum, the local government must assess its progress toward
3752	improving levels of service within the long-term concurrency
3753	management district or area in the evaluation and appraisal
3754	report and determine any changes that are necessary to
3755	accelerate progress in meeting acceptable levels of service.
3756	(10)  Except in transportation concurrency exception areas,
3757	with regard to roadway facilities on the Strategic Intermodal
3758	System designated in accordance with s. 339.63, local
3759	governments shall adopt the level-of-service standard
3760	established by the Department of Transportation by rule.
3761	However, if the Office of Tourism, Trade, and Economic
3762	Development concurs in writing with the local government that
3763	the proposed development is for a qualified job creation project
3764	under s. 288.0656 or s. 403.973, the affected local government,
3765	after consulting with the Department of Transportation, may
3766	provide for a waiver of transportation concurrency for the
3767	project. For all other roads on the State Highway System, local
3768	governments shall establish an adequate level-of-service
3769	standard that need not be consistent with any level-of-service
3770	standard established by the Department of Transportation. In
3771	establishing adequate level-of-service standards for any
3772	arterial roads, or collector roads as appropriate, which
3773	traverse multiple jurisdictions, local governments shall
3774	consider compatibility with the roadway facility's adopted
3775	level-of-service standards in adjacent jurisdictions. Each local
3776	government within a county shall use a professionally accepted
3777	methodology for measuring impacts on transportation facilities
3778	for the purposes of implementing its concurrency management
3779	system. Counties are encouraged to coordinate with adjacent
3780	counties, and local governments within a county are encouraged
3781	to coordinate, for the purpose of using common methodologies for
3782	measuring impacts on transportation facilities for the purpose
3783	of implementing their concurrency management systems.
3784	(11)  In order to limit the liability of local governments,
3785	a local government may allow a landowner to proceed with
3786	development of a specific parcel of land notwithstanding a
3787	failure of the development to satisfy transportation
3788	concurrency, when all the following factors are shown to exist:
3789	(a)  The local government with jurisdiction over the
3790	property has adopted a local comprehensive plan that is in
3791	compliance.
3792	(b)  The proposed development would be consistent with the
3793	future land use designation for the specific property and with
3794	pertinent portions of the adopted local plan, as determined by
3795	the local government.
3796	(c)  The local plan includes a financially feasible capital
3797	improvements element that provides for transportation facilities
3798	adequate to serve the proposed development, and the local
3799	government has not implemented that element.
3800	(d)  The local government has provided a means by which the
3801	landowner will be assessed a fair share of the cost of providing
3802	the transportation facilities necessary to serve the proposed
3803	development.
3804	(e)  The landowner has made a binding commitment to the
3805	local government to pay the fair share of the cost of providing
3806	the transportation facilities to serve the proposed development.
3807	(12)(a)  A development of regional impact may satisfy the
3808	transportation concurrency requirements of the local
3809	comprehensive plan, the local government's concurrency
3810	management system, and s. 380.06 by payment of a proportionate-
3811	share contribution for local and regionally significant traffic
3812	impacts, if:
3813	1.  The development of regional impact which, based on its
3814	location or mix of land uses, is designed to encourage
3815	pedestrian or other nonautomotive modes of transportation;
3816	2.  The proportionate-share contribution for local and
3817	regionally significant traffic impacts is sufficient to pay for
3818	one or more required mobility improvements that will benefit a
3819	regionally significant transportation facility;
3820	3.  The owner and developer of the development of regional
3821	impact pays or assures payment of the proportionate-share
3822	contribution; and
3823	4.  If the regionally significant transportation facility
3824	to be constructed or improved is under the maintenance authority
3825	of a governmental entity, as defined by s. 334.03(12), other
3826	than the local government with jurisdiction over the development
3827	of regional impact, the developer is required to enter into a
3828	binding and legally enforceable commitment to transfer funds to
3829	the governmental entity having maintenance authority or to
3830	otherwise assure construction or improvement of the facility.
3831
3832	The proportionate-share contribution may be applied to any
3833	transportation facility to satisfy the provisions of this
3834	subsection and the local comprehensive plan, but, for the
3835	purposes of this subsection, the amount of the proportionate-
3836	share contribution shall be calculated based upon the cumulative
3837	number of trips from the proposed development expected to reach
3838	roadways during the peak hour from the complete buildout of a
3839	stage or phase being approved, divided by the change in the peak
3840	hour maximum service volume of roadways resulting from
3841	construction of an improvement necessary to maintain the adopted
3842	level of service, multiplied by the construction cost, at the
3843	time of developer payment, of the improvement necessary to
3844	maintain the adopted level of service. For purposes of this
3845	subsection, "construction cost" includes all associated costs of
3846	the improvement. Proportionate-share mitigation shall be limited
3847	to ensure that a development of regional impact meeting the
3848	requirements of this subsection mitigates its impact on the
3849	transportation system but is not responsible for the additional
3850	cost of reducing or eliminating backlogs. This subsection also
3851	applies to Florida Quality Developments pursuant to s. 380.061
3852	and to detailed specific area plans implementing optional sector
3853	plans pursuant to s. 163.3245.
3854	(b)  As used in this subsection, the term "backlog" means a
3855	facility or facilities on which the adopted level-of-service
3856	standard is exceeded by the existing trips, plus additional
3857	projected background trips from any source other than the
3858	development project under review that are forecast by
3859	established traffic standards, including traffic modeling,
3860	consistent with the University of Florida Bureau of Economic and
3861	Business Research medium population projections. Additional
3862	projected background trips are to be coincident with the
3863	particular stage or phase of development under review.
3864	(13)  School concurrency shall be established on a
3865	districtwide basis and shall include all public schools in the
3866	district and all portions of the district, whether located in a
3867	municipality or an unincorporated area unless exempt from the
3868	public school facilities element pursuant to s. 163.3177(12).
3869	(6)(a)  If concurrency is applied to public education
3870	facilities, The application of school concurrency to development
3871	shall be based upon the adopted comprehensive plan, as amended.
3872	all local governments within a county, except as provided in
3873	paragraph (i) (f), shall include principles, guidelines,
3874	standards, and strategies, including adopted levels of service,
3875	in their comprehensive plans and adopt and transmit to the state
3876	land planning agency the necessary plan amendments, along with
3877	the interlocal agreements. If the county and one or more
3878	municipalities have adopted school concurrency into its
3879	comprehensive plan and interlocal agreement that represents at
3880	least 80 percent of the total countywide population, the failure
3881	of one or more municipalities to adopt the concurrency and enter
3882	into the interlocal agreement does not preclude implementation
3883	of school concurrency within the school district. agreement, for
3884	a compliance review pursuant to s. 163.3184(7) and (8). The
3885	minimum requirements for school concurrency are the following:
3886	(a)  Public school facilities element.-A local government
3887	shall adopt and transmit to the state land planning agency a
3888	plan or plan amendment which includes a public school facilities
3889	element which is consistent with the requirements of s.
3890	163.3177(12) and which is determined to be in compliance as
3891	defined in s. 163.3184(1)(b). All local government provisions
3892	included in comprehensive plans regarding school concurrency
3893	public school facilities plan elements within a county must be
3894	consistent with each other as well as the requirements of this
3895	part.
3896	(b)  Level-of-service standards.-The Legislature recognizes
3897	that an essential requirement for a concurrency management
3898	system is the level of service at which a public facility is
3899	expected to operate.
3900	1.  Local governments and school boards imposing school
3901	concurrency shall exercise authority in conjunction with each
3902	other to establish jointly adequate level-of-service standards,
3903	as defined in chapter 9J-5, Florida Administrative Code,
3904	necessary to implement the adopted local government
3905	comprehensive plan, based on data and analysis.
3906	(c)2.  Public school level-of-service standards shall be
3907	included and adopted into the capital improvements element of
3908	the local comprehensive plan and shall apply districtwide to all
3909	schools of the same type. Types of schools may include
3910	elementary, middle, and high schools as well as special purpose
3911	facilities such as magnet schools.
3912	(d)3.  Local governments and school boards may shall have
3913	the option to utilize tiered level-of-service standards to allow
3914	time to achieve an adequate and desirable level of service as
3915	circumstances warrant.
3916	(e)4.  For the purpose of determining whether levels of
3917	service have been achieved, for the first 3 years of school
3918	concurrency implementation, A school district that includes
3919	relocatable facilities in its inventory of student stations
3920	shall include the capacity of such relocatable facilities as
3921	provided in s. 1013.35(2)(b)2.f., provided the relocatable
3922	facilities were purchased after 1998 and the relocatable
3923	facilities meet the standards for long-term use pursuant to s.
3924	1013.20.
3925	(c)  Service areas.-The Legislature recognizes that an
3926	essential requirement for a concurrency system is a designation
3927	of the area within which the level of service will be measured
3928	when an application for a residential development permit is
3929	reviewed for school concurrency purposes. This delineation is
3930	also important for purposes of determining whether the local
3931	government has a financially feasible public school capital
3932	facilities program that will provide schools which will achieve
3933	and maintain the adopted level-of-service standards.
3934	(f)1.  In order to balance competing interests, preserve
3935	the constitutional concept of uniformity, and avoid disruption
3936	of existing educational and growth management processes, local
3937	governments are encouraged, if they elect to adopt school
3938	concurrency, to initially apply school concurrency to
3939	development only on a districtwide basis so that a concurrency
3940	determination for a specific development will be based upon the
3941	availability of school capacity districtwide. To ensure that
3942	development is coordinated with schools having available
3943	capacity, within 5 years after adoption of school concurrency,
3944	2.  If a local government elects to governments shall apply
3945	school concurrency on a less than districtwide basis, by such as
3946	using school attendance zones or concurrency service areas:, as
3947	provided in subparagraph 2.
3948	a.2.  For local governments applying school concurrency on
3949	a less than districtwide basis, such as utilizing school
3950	attendance zones or larger school concurrency service areas,
3951	Local governments and school boards shall have the burden to
3952	demonstrate that the utilization of school capacity is maximized
3953	to the greatest extent possible in the comprehensive plan and
3954	amendment, taking into account transportation costs and court-
3955	approved desegregation plans, as well as other factors. In
3956	addition, in order to achieve concurrency within the service
3957	area boundaries selected by local governments and school boards,
3958	the service area boundaries, together with the standards for
3959	establishing those boundaries, shall be identified and included
3960	as supporting data and analysis for the comprehensive plan.
3961	b.3.  Where school capacity is available on a districtwide
3962	basis but school concurrency is applied on a less than
3963	districtwide basis in the form of concurrency service areas, if
3964	the adopted level-of-service standard cannot be met in a
3965	particular service area as applied to an application for a
3966	development permit and if the needed capacity for the particular
3967	service area is available in one or more contiguous service
3968	areas, as adopted by the local government, then the local
3969	government may not deny an application for site plan or final
3970	subdivision approval or the functional equivalent for a
3971	development or phase of a development on the basis of school
3972	concurrency, and if issued, development impacts shall be
3973	subtracted from the shifted to  contiguous service area's areas
3974	with schools having available capacity totals. Students from the
3975	development may not be required to go to the adjacent service
3976	area unless the school board rezones the area in which the
3977	development occurs.
3978	(g)(d)  Financial feasibility.-The Legislature recognizes
3979	that financial feasibility is an important issue because The
3980	premise of concurrency is that the public facilities will be
3981	provided in order to achieve and maintain the adopted level-of-
3982	service standard. This part and chapter 9J-5, Florida
3983	Administrative Code, contain specific standards to determine the
3984	financial feasibility of capital programs. These standards were
3985	adopted to make concurrency more predictable and local
3986	governments more accountable.
3987	1.  A comprehensive plan that imposes amendment seeking to
3988	impose school concurrency shall contain appropriate amendments
3989	to the capital improvements element of the comprehensive plan,
3990	consistent with the requirements of s. 163.3177(3) and rule 9J-
3991	5.016, Florida Administrative Code. The capital improvements
3992	element shall identify facilities necessary to meet adopted
3993	levels of service during a 5-year period consistent with the
3994	school board's educational set forth a financially feasible
3995	public school capital facilities plan program, established in
3996	conjunction with the school board, that demonstrates that the
3997	adopted level-of-service standards will be achieved and
3998	maintained.
3999	(h)1.  In order to limit the liability of local
4000	governments, a local government may allow a landowner to proceed
4001	with development of a specific parcel of land notwithstanding a
4002	failure of the development to satisfy school concurrency, if all
4003	the following factors are shown to exist:
4004	a.  The proposed development would be consistent with the
4005	future land use designation for the specific property and with
4006	pertinent portions of the adopted local plan, as determined by
4007	the local government.
4008	b.  The local government's capital improvements element and
4009	the school board's educational facilities plan provide for
4010	school facilities adequate to serve the proposed development,
4011	and the local government or school board has not implemented
4012	that element or the project includes a plan that demonstrates
4013	that the capital facilities needed as a result of the project
4014	can be reasonably provided.
4015	c.  The local government and school board have provided a
4016	means by which the landowner will be assessed a proportionate
4017	share of the cost of providing the school facilities necessary
4018	to serve the proposed development.
4019	2.  Such amendments shall demonstrate that the public
4020	school capital facilities program meets all of the financial
4021	feasibility standards of this part and chapter 9J-5, Florida
4022	Administrative Code, that apply to capital programs which
4023	provide the basis for mandatory concurrency on other public
4024	facilities and services.
4025	3.  When the financial feasibility of a public school
4026	capital facilities program is evaluated by the state land
4027	planning agency for purposes of a compliance determination, the
4028	evaluation shall be based upon the service areas selected by the
4029	local governments and school board.
4030	2.(e)  Availability standard.-Consistent with the public
4031	welfare, If a local government applies school concurrency, it
4032	may not deny an application for site plan, final subdivision
4033	approval, or the functional equivalent for a development or
4034	phase of a development authorizing residential development for
4035	failure to achieve and maintain the level-of-service standard
4036	for public school capacity in a local school concurrency
4037	management system where adequate school facilities will be in
4038	place or under actual construction within 3 years after the
4039	issuance of final subdivision or site plan approval, or the
4040	functional equivalent. School concurrency is satisfied if the
4041	developer executes a legally binding commitment to provide
4042	mitigation proportionate to the demand for public school
4043	facilities to be created by actual development of the property,
4044	including, but not limited to, the options described in sub-
4045	subparagraph a. subparagraph 1. Options for proportionate-share
4046	mitigation of impacts on public school facilities must be
4047	established in the comprehensive plan public school facilities
4048	element and the interlocal agreement pursuant to s. 163.31777.
4049	a.1.  Appropriate mitigation options include the
4050	contribution of land; the construction, expansion, or payment
4051	for land acquisition or construction of a public school
4052	facility; the construction of a charter school that complies
4053	with the requirements of s. 1002.33(18); or the creation of
4054	mitigation banking based on the construction of a public school
4055	facility in exchange for the right to sell capacity credits.
4056	Such options must include execution by the applicant and the
4057	local government of a development agreement that constitutes a
4058	legally binding commitment to pay proportionate-share mitigation
4059	for the additional residential units approved by the local
4060	government in a development order and actually developed on the
4061	property, taking into account residential density allowed on the
4062	property prior to the plan amendment that increased the overall
4063	residential density. The district school board must be a party
4064	to such an agreement. As a condition of its entry into such a
4065	development agreement, the local government may require the
4066	landowner to agree to continuing renewal of the agreement upon
4067	its expiration.
4068	b.2.  If the interlocal agreement education facilities plan
4069	and the local government comprehensive plan public educational
4070	facilities element authorize a contribution of land; the
4071	construction, expansion, or payment for land acquisition; the
4072	construction or expansion of a public school facility, or a
4073	portion thereof; or the construction of a charter school that
4074	complies with the requirements of s. 1002.33(18), as
4075	proportionate-share mitigation, the local government shall
4076	credit such a contribution, construction, expansion, or payment
4077	toward any other impact fee or exaction imposed by local
4078	ordinance for the same need, on a dollar-for-dollar basis at
4079	fair market value.
4080	c.3.  Any proportionate-share mitigation must be directed
4081	by the school board toward a school capacity improvement
4082	identified in the a financially feasible 5-year school board's
4083	educational facilities district work plan that satisfies the
4084	demands created by the development in accordance with a binding
4085	developer's agreement.
4086	4.  If a development is precluded from commencing because
4087	there is inadequate classroom capacity to mitigate the impacts
4088	of the development, the development may nevertheless commence if
4089	there are accelerated facilities in an approved capital
4090	improvement element scheduled for construction in year four or
4091	later of such plan which, when built, will mitigate the proposed
4092	development, or if such accelerated facilities will be in the
4093	next annual update of the capital facilities element, the
4094	developer enters into a binding, financially guaranteed
4095	agreement with the school district to construct an accelerated
4096	facility within the first 3 years of an approved capital
4097	improvement plan, and the cost of the school facility is equal
4098	to or greater than the development's proportionate share. When
4099	the completed school facility is conveyed to the school
4100	district, the developer shall receive impact fee credits usable
4101	within the zone where the facility is constructed or any
4102	attendance zone contiguous with or adjacent to the zone where
4103	the facility is constructed.
4104	3.5.  This paragraph does not limit the authority of a
4105	local government to deny a development permit or its functional
4106	equivalent pursuant to its home rule regulatory powers, except
4107	as provided in this part.
4108	(i)(f)  Intergovernmental coordination.-
4109	1.  When establishing concurrency requirements for public
4110	schools, a local government shall satisfy the requirements for
4111	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
4112	and 2., except that A municipality is not required to be a
4113	signatory to the interlocal agreement required by paragraph (j)
4114	ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
4115	imposition of school concurrency, and as a nonsignatory, may
4116	shall not participate in the adopted local school concurrency
4117	system, if the municipality meets all of the following criteria
4118	for having no significant impact on school attendance:
4119	1.a.  The municipality has issued development orders for
4120	fewer than 50 residential dwelling units during the preceding 5
4121	years, or the municipality has generated fewer than 25
4122	additional public school students during the preceding 5 years.
4123	2.b.  The municipality has not annexed new land during the
4124	preceding 5 years in land use categories which permit
4125	residential uses that will affect school attendance rates.
4126	3.c.  The municipality has no public schools located within
4127	its boundaries.
4128	4.d.  At least 80 percent of the developable land within
4129	the boundaries of the municipality has been built upon.
4130	2.  A municipality which qualifies as having no significant
4131	impact on school attendance pursuant to the criteria of
4132	subparagraph 1. must review and determine at the time of its
4133	evaluation and appraisal report pursuant to s. 163.3191 whether
4134	it continues to meet the criteria pursuant to s. 163.31777(6).
4135	If the municipality determines that it no longer meets the
4136	criteria, it must adopt appropriate school concurrency goals,
4137	objectives, and policies in its plan amendments based on the
4138	evaluation and appraisal report, and enter into the existing
4139	interlocal agreement required by ss. 163.3177(6)(h)2. and
4140	163.31777, in order to fully participate in the school
4141	concurrency system. If such a municipality fails to do so, it
4142	will be subject to the enforcement provisions of s. 163.3191.
4143	(j)(g)  Interlocal agreement for school concurrency.-When
4144	establishing concurrency requirements for public schools, a
4145	local government must enter into an interlocal agreement that
4146	satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
4147	163.31777 and the requirements of this subsection. The
4148	interlocal agreement shall acknowledge both the school board's
4149	constitutional and statutory obligations to provide a uniform
4150	system of free public schools on a countywide basis, and the
4151	land use authority of local governments, including their
4152	authority to approve or deny comprehensive plan amendments and
4153	development orders. The interlocal agreement shall be submitted
4154	to the state land planning agency by the local government as a
4155	part of the compliance review, along with the other necessary
4156	amendments to the comprehensive plan required by this part. In
4157	addition to the requirements of ss. 163.3177(6)(h) and
4158	163.31777, The interlocal agreement shall meet the following
4159	requirements:
4160	1.  Establish the mechanisms for coordinating the
4161	development, adoption, and amendment of each local government's
4162	school concurrency related provisions of the comprehensive plan
4163	public school facilities element with each other and the plans
4164	of the school board to ensure a uniform districtwide school
4165	concurrency system.
4166	2.  Establish a process for the development of siting
4167	criteria which encourages the location of public schools
4168	proximate to urban residential areas to the extent possible and
4169	seeks to collocate schools with other public facilities such as
4170	parks, libraries, and community centers to the extent possible.
4171	2.3.  Specify uniform, districtwide level-of-service
4172	standards for public schools of the same type and the process
4173	for modifying the adopted level-of-service standards.
4174	4.  Establish a process for the preparation, amendment, and
4175	joint approval by each local government and the school board of
4176	a public school capital facilities program which is financially
4177	feasible, and a process and schedule for incorporation of the
4178	public school capital facilities program into the local
4179	government comprehensive plans on an annual basis.
4180	3.5.  Define the geographic application of school
4181	concurrency. If school concurrency is to be applied on a less
4182	than districtwide basis in the form of concurrency service
4183	areas, the agreement shall establish criteria and standards for
4184	the establishment and modification of school concurrency service
4185	areas. The agreement shall also establish a process and schedule
4186	for the mandatory incorporation of the school concurrency
4187	service areas and the criteria and standards for establishment
4188	of the service areas into the local government comprehensive
4189	plans. The agreement shall ensure maximum utilization of school
4190	capacity, taking into account transportation costs and court-
4191	approved desegregation plans, as well as other factors. The
4192	agreement shall also ensure the achievement and maintenance of
4193	the adopted level-of-service standards for the geographic area
4194	of application throughout the 5 years covered by the public
4195	school capital facilities plan and thereafter by adding a new
4196	fifth year during the annual update.
4197	4.6.  Establish a uniform districtwide procedure for
4198	implementing school concurrency which provides for:
4199	a.  The evaluation of development applications for
4200	compliance with school concurrency requirements, including
4201	information provided by the school board on affected schools,
4202	impact on levels of service, and programmed improvements for
4203	affected schools and any options to provide sufficient capacity;
4204	b.  An opportunity for the school board to review and
4205	comment on the effect of comprehensive plan amendments and
4206	rezonings on the public school facilities plan; and
4207	c.  The monitoring and evaluation of the school concurrency
4208	system.
4209	7.  Include provisions relating to amendment of the
4210	agreement.
4211	5.8.  A process and uniform methodology for determining
4212	proportionate-share mitigation pursuant to paragraph (h)
4213	subparagraph (e)1.
4214	(k)(h)  Local government authority.-This subsection does
4215	not limit the authority of a local government to grant or deny a
4216	development permit or its functional equivalent prior to the
4217	implementation of school concurrency.
4218	(14)  The state land planning agency shall, by October 1,
4219	1998, adopt by rule minimum criteria for the review and
4220	determination of compliance of a public school facilities
4221	element adopted by a local government for purposes of imposition
4222	of school concurrency.
4223	(15)(a)  Multimodal transportation districts may be
4224	established under a local government comprehensive plan in areas
4225	delineated on the future land use map for which the local
4226	comprehensive plan assigns secondary priority to vehicle
4227	mobility and primary priority to assuring a safe, comfortable,
4228	and attractive pedestrian environment, with convenient
4229	interconnection to transit. Such districts must incorporate
4230	community design features that will reduce the number of
4231	automobile trips or vehicle miles of travel and will support an
4232	integrated, multimodal transportation system. Prior to the
4233	designation of multimodal transportation districts, the
4234	Department of Transportation shall be consulted by the local
4235	government to assess the impact that the proposed multimodal
4236	district area is expected to have on the adopted level-of-
4237	service standards established for Strategic Intermodal System
4238	facilities, as defined in s. 339.64, and roadway facilities
4239	funded in accordance with s. 339.2819. Further, the local
4240	government shall, in cooperation with the Department of
4241	Transportation, develop a plan to mitigate any impacts to the
4242	Strategic Intermodal System, including the development of a
4243	long-term concurrency management system pursuant to subsection
4244	(9) and s. 163.3177(3)(d). Multimodal transportation districts
4245	existing prior to July 1, 2005, shall meet, at a minimum, the
4246	provisions of this section by July 1, 2006, or at the time of
4247	the comprehensive plan update pursuant to the evaluation and
4248	appraisal report, whichever occurs last.
4249	(b)  Community design elements of such a district include:
4250	a complementary mix and range of land uses, including
4251	educational, recreational, and cultural uses; interconnected
4252	networks of streets designed to encourage walking and bicycling,
4253	with traffic-calming where desirable; appropriate densities and
4254	intensities of use within walking distance of transit stops;
4255	daily activities within walking distance of residences, allowing
4256	independence to persons who do not drive; public uses, streets,
4257	and squares that are safe, comfortable, and attractive for the
4258	pedestrian, with adjoining buildings open to the street and with
4259	parking not interfering with pedestrian, transit, automobile,
4260	and truck travel modes.
4261	(c)  Local governments may establish multimodal level-of-
4262	service standards that rely primarily on nonvehicular modes of
4263	transportation within the district, when justified by an
4264	analysis demonstrating that the existing and planned community
4265	design will provide an adequate level of mobility within the
4266	district based upon professionally accepted multimodal level-of-
4267	service methodologies. The analysis must also demonstrate that
4268	the capital improvements required to promote community design
4269	are financially feasible over the development or redevelopment
4270	timeframe for the district and that community design features
4271	within the district provide convenient interconnection for a
4272	multimodal transportation system. Local governments may issue
4273	development permits in reliance upon all planned community
4274	design capital improvements that are financially feasible over
4275	the development or redevelopment timeframe for the district,
4276	without regard to the period of time between development or
4277	redevelopment and the scheduled construction of the capital
4278	improvements. A determination of financial feasibility shall be
4279	based upon currently available funding or funding sources that
4280	could reasonably be expected to become available over the
4281	planning period.
4282	(d)  Local governments may reduce impact fees or local
4283	access fees for development within multimodal transportation
4284	districts based on the reduction of vehicle trips per household
4285	or vehicle miles of travel expected from the development pattern
4286	planned for the district.
4287	(16)  It is the intent of the Legislature to provide a
4288	method by which the impacts of development on transportation
4289	facilities can be mitigated by the cooperative efforts of the
4290	public and private sectors. The methodology used to calculate
4291	proportionate fair-share mitigation under this section shall be
4292	as provided for in subsection (12).
4293	(a)  By December 1, 2006, each local government shall adopt
4294	by ordinance a methodology for assessing proportionate fair-
4295	share mitigation options. By December 1, 2005, the Department of
4296	Transportation shall develop a model transportation concurrency
4297	management ordinance with methodologies for assessing
4298	proportionate fair-share mitigation options.
4299	(b)1.  In its transportation concurrency management system,
4300	a local government shall, by December 1, 2006, include
4301	methodologies that will be applied to calculate proportionate
4302	fair-share mitigation. A developer may choose to satisfy all
4303	transportation concurrency requirements by contributing or
4304	paying proportionate fair-share mitigation if transportation
4305	facilities or facility segments identified as mitigation for
4306	traffic impacts are specifically identified for funding in the
4307	5-year schedule of capital improvements in the capital
4308	improvements element of the local plan or the long-term
4309	concurrency management system or if such contributions or
4310	payments to such facilities or segments are reflected in the 5-
4311	year schedule of capital improvements in the next regularly
4312	scheduled update of the capital improvements element. Updates to
4313	the 5-year capital improvements element which reflect
4314	proportionate fair-share contributions may not be found not in
4315	compliance based on ss. 163.3164(32) and 163.3177(3) if
4316	additional contributions, payments or funding sources are
4317	reasonably anticipated during a period not to exceed 10 years to
4318	fully mitigate impacts on the transportation facilities.
4319	2.  Proportionate fair-share mitigation shall be applied as
4320	a credit against impact fees to the extent that all or a portion
4321	of the proportionate fair-share mitigation is used to address
4322	the same capital infrastructure improvements contemplated by the
4323	local government's impact fee ordinance.
4324	(c)  Proportionate fair-share mitigation includes, without
4325	limitation, separately or collectively, private funds,
4326	contributions of land, and construction and contribution of
4327	facilities and may include public funds as determined by the
4328	local government. Proportionate fair-share mitigation may be
4329	directed toward one or more specific transportation improvements
4330	reasonably related to the mobility demands created by the
4331	development and such improvements may address one or more modes
4332	of travel. The fair market value of the proportionate fair-share
4333	mitigation shall not differ based on the form of mitigation. A
4334	local government may not require a development to pay more than
4335	its proportionate fair-share contribution regardless of the
4336	method of mitigation. Proportionate fair-share mitigation shall
4337	be limited to ensure that a development meeting the requirements
4338	of this section mitigates its impact on the transportation
4339	system but is not responsible for the additional cost of
4340	reducing or eliminating backlogs.
4341	(d)  This subsection does not require a local government to
4342	approve a development that is not otherwise qualified for
4343	approval pursuant to the applicable local comprehensive plan and
4344	land development regulations.
4345	(e)  Mitigation for development impacts to facilities on
4346	the Strategic Intermodal System made pursuant to this subsection
4347	requires the concurrence of the Department of Transportation.
4348	(f)  If the funds in an adopted 5-year capital improvements
4349	element are insufficient to fully fund construction of a
4350	transportation improvement required by the local government's
4351	concurrency management system, a local government and a
4352	developer may still enter into a binding proportionate-share
4353	agreement authorizing the developer to construct that amount of
4354	development on which the proportionate share is calculated if
4355	the proportionate-share amount in such agreement is sufficient
4356	to pay for one or more improvements which will, in the opinion
4357	of the governmental entity or entities maintaining the
4358	transportation facilities, significantly benefit the impacted
4359	transportation system. The improvements funded by the
4360	proportionate-share component must be adopted into the 5-year
4361	capital improvements schedule of the comprehensive plan at the
4362	next annual capital improvements element update. The funding of
4363	any improvements that significantly benefit the impacted
4364	transportation system satisfies concurrency requirements as a
4365	mitigation of the development's impact upon the overall
4366	transportation system even if there remains a failure of
4367	concurrency on other impacted facilities.
4368	(g)  Except as provided in subparagraph (b)1., this section
4369	may not prohibit the Department of Community Affairs from
4370	finding other portions of the capital improvements element
4371	amendments not in compliance as provided in this chapter.
4372	(h)  The provisions of this subsection do not apply to a
4373	development of regional impact satisfying the requirements of
4374	subsection (12).
4375	(i)  As used in this subsection, the term "backlog" means a
4376	facility or facilities on which the adopted level-of-service
4377	standard is exceeded by the existing trips, plus additional
4378	projected background trips from any source other than the
4379	development project under review that are forecast by
4380	established traffic standards, including traffic modeling,
4381	consistent with the University of Florida Bureau of Economic and
4382	Business Research medium population projections. Additional
4383	projected background trips are to be coincident with the
4384	particular stage or phase of development under review.
4385	(17)  A local government and the developer of affordable
4386	workforce housing units developed in accordance with s.
4387	380.06(19) or s. 380.0651(3) may identify an employment center
4388	or centers in close proximity to the affordable workforce
4389	housing units. If at least 50 percent of the units are occupied
4390	by an employee or employees of an identified employment center
4391	or centers, all of the affordable workforce housing units are
4392	exempt from transportation concurrency requirements, and the
4393	local government may not reduce any transportation trip-
4394	generation entitlements of an approved development-of-regional-
4395	impact development order. As used in this subsection, the term
4396	"close proximity" means 5 miles from the nearest point of the
4397	development of regional impact to the nearest point of the
4398	employment center, and the term "employment center" means a
4399	place of employment that employs at least 25 or more full-time
4400	employees.
4401	Section 16.  Section 163.3182, Florida Statutes, is amended
4402	to read:
4403	163.3182  Transportation deficiencies concurrency
4404	backlogs.-
4405	(1)  DEFINITIONS.-For purposes of this section, the term:
4406	(a)  "Transportation deficiency concurrency backlog area"
4407	means the geographic area within the unincorporated portion of a
4408	county or within the municipal boundary of a municipality
4409	designated in a local government comprehensive plan for which a
4410	transportation development concurrency backlog authority is
4411	created pursuant to this section. A transportation deficiency
4412	concurrency backlog area created within the corporate boundary
4413	of a municipality shall be made pursuant to an interlocal
4414	agreement between a county, a municipality or municipalities,
4415	and any affected taxing authority or authorities.
4416	(b)  "Authority" or "transportation development concurrency
4417	backlog authority" means the governing body of a county or
4418	municipality within which an authority is created.
4419	(c)  "Governing body" means the council, commission, or
4420	other legislative body charged with governing the county or
4421	municipality within which an a transportation concurrency
4422	backlog authority is created pursuant to this section.
4423	(d)  "Transportation deficiency concurrency backlog" means
4424	an identified need deficiency where the existing and projected
4425	extent of traffic volume exceeds the level of service standard
4426	adopted in a local government comprehensive plan for a
4427	transportation facility.
4428	(e)  "Transportation sufficiency concurrency backlog plan"
4429	means the plan adopted as part of a local government
4430	comprehensive plan by the governing body of a county or
4431	municipality acting as a transportation development concurrency
4432	backlog authority.
4433	(f)  "Transportation concurrency backlog project" means any
4434	designated transportation project identified for construction
4435	within the jurisdiction of a transportation development
4436	concurrency backlog authority.
4437	(g)  "Debt service millage" means any millage levied
4438	pursuant to s. 12, Art. VII of the State Constitution.
4439	(h)  "Increment revenue" means the amount calculated
4440	pursuant to subsection (5).
4441	(i)  "Taxing authority" means a public body that levies or
4442	is authorized to levy an ad valorem tax on real property located
4443	within a transportation deficiency concurrency backlog area,
4444	except a school district.
4445	(2)  CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4446	BACKLOG AUTHORITIES.-
4447	(a)  A county or municipality may create a transportation
4448	development concurrency backlog authority if it has an
4449	identified transportation deficiency concurrency backlog.
4450	(b)  Acting as the transportation development concurrency
4451	backlog authority within the authority's jurisdictional
4452	boundary, the governing body of a county or municipality shall
4453	adopt and implement a plan to eliminate all identified
4454	transportation deficiencies concurrency backlogs within the
4455	authority's jurisdiction using funds provided pursuant to
4456	subsection (5) and as otherwise provided pursuant to this
4457	section.
4458	(c)  The Legislature finds and declares that there exist in
4459	many counties and municipalities areas that have significant
4460	transportation deficiencies and inadequate transportation
4461	facilities; that many insufficiencies and inadequacies severely
4462	limit or prohibit the satisfaction of transportation level of
4463	service concurrency standards; that the transportation
4464	insufficiencies and inadequacies affect the health, safety, and
4465	welfare of the residents of these counties and municipalities;
4466	that the transportation insufficiencies and inadequacies
4467	adversely affect economic development and growth of the tax base
4468	for the areas in which these insufficiencies and inadequacies
4469	exist; and that the elimination of transportation deficiencies
4470	and inadequacies and the satisfaction of transportation
4471	concurrency standards are paramount public purposes for the
4472	state and its counties and municipalities.
4473	(3)  POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4474	BACKLOG AUTHORITY.-Each transportation development concurrency
4475	backlog authority created pursuant to this section has the
4476	powers necessary or convenient to carry out the purposes of this
4477	section, including the following powers in addition to others
4478	granted in this section:
4479	(a)  To make and execute contracts and other instruments
4480	necessary or convenient to the exercise of its powers under this
4481	section.
4482	(b)  To undertake and carry out transportation concurrency
4483	backlog projects for transportation facilities designed to
4484	relieve transportation deficiencies that have a concurrency
4485	backlog within the authority's jurisdiction. Transportation
4486	Concurrency backlog projects may include transportation
4487	facilities that provide for alternative modes of travel
4488	including sidewalks, bikeways, and mass transit which are
4489	related to a deficient backlogged transportation facility.
4490	(c)  To invest any transportation concurrency backlog funds
4491	held in reserve, sinking funds, or any such funds not required
4492	for immediate disbursement in property or securities in which
4493	savings banks may legally invest funds subject to the control of
4494	the authority and to redeem such bonds as have been issued
4495	pursuant to this section at the redemption price established
4496	therein, or to purchase such bonds at less than redemption
4497	price. All such bonds redeemed or purchased shall be canceled.
4498	(d)  To borrow money, including, but not limited to,
4499	issuing debt obligations such as, but not limited to, bonds,
4500	notes, certificates, and similar debt instruments; to apply for
4501	and accept advances, loans, grants, contributions, and any other
4502	forms of financial assistance from the Federal Government or the
4503	state, county, or any other public body or from any sources,
4504	public or private, for the purposes of this part; to give such
4505	security as may be required; to enter into and carry out
4506	contracts or agreements; and to include in any contracts for
4507	financial assistance with the Federal Government for or with
4508	respect to a transportation concurrency backlog project and
4509	related activities such conditions imposed under federal laws as
4510	the transportation development concurrency backlog authority
4511	considers reasonable and appropriate and which are not
4512	inconsistent with the purposes of this section.
4513	(e)  To make or have made all surveys and plans necessary
4514	to the carrying out of the purposes of this section; to contract
4515	with any persons, public or private, in making and carrying out
4516	such plans; and to adopt, approve, modify, or amend such
4517	transportation sufficiency concurrency backlog plans.
4518	(f)  To appropriate such funds and make such expenditures
4519	as are necessary to carry out the purposes of this section, and
4520	to enter into agreements with other public bodies, which
4521	agreements may extend over any period notwithstanding any
4522	provision or rule of law to the contrary.
4523	(4)  TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.-
4524	(a)  Each transportation development concurrency backlog
4525	authority shall adopt a transportation sufficiency concurrency
4526	backlog plan as a part of the local government comprehensive
4527	plan within 6 months after the creation of the authority. The
4528	plan must:
4529	(a)1.  Identify all transportation facilities that have
4530	been designated as deficient and require the expenditure of
4531	moneys to upgrade, modify, or mitigate the deficiency.
4532	(b)2.  Include a priority listing of all transportation
4533	facilities that have been designated as deficient and do not
4534	satisfy concurrency requirements pursuant to s. 163.3180, and
4535	the applicable local government comprehensive plan.
4536	(c)3.  Establish a schedule for financing and construction
4537	of transportation concurrency backlog projects that will
4538	eliminate transportation deficiencies concurrency backlogs
4539	within the jurisdiction of the authority within 10 years after
4540	the transportation sufficiency concurrency backlog plan
4541	adoption. The schedule shall be adopted as part of the local
4542	government comprehensive plan.
4543	(b)  The adoption of the transportation concurrency backlog
4544	plan shall be exempt from the provisions of s. 163.3187(1).
4545
4546	Notwithstanding such schedule requirements, as long as the
4547	schedule provides for the elimination of all transportation
4548	deficiencies concurrency backlogs within 10 years after the
4549	adoption of the transportation sufficiency concurrency backlog
4550	plan, the final maturity date of any debt incurred to finance or
4551	refinance the related projects may be no later than 40 years
4552	after the date the debt is incurred and the authority may
4553	continue operations and administer the trust fund established as
4554	provided in subsection (5) for as long as the debt remains
4555	outstanding.
4556	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.-The transportation
4557	development concurrency backlog authority shall establish a
4558	local transportation concurrency backlog trust fund upon
4559	creation of the authority. Each local trust fund shall be
4560	administered by the transportation development concurrency
4561	backlog authority within which a transportation deficiencies
4562	have concurrency backlog has been identified. Each local trust
4563	fund must continue to be funded under this section for as long
4564	as the projects set forth in the related transportation
4565	sufficiency concurrency backlog plan remain to be completed or
4566	until any debt incurred to finance or refinance the related
4567	projects is no longer outstanding, whichever occurs later.
4568	Beginning in the first fiscal year after the creation of the
4569	authority, each local trust fund shall be funded by the proceeds
4570	of an ad valorem tax increment collected within each
4571	transportation deficiency concurrency backlog area to be
4572	determined annually and shall be a minimum of 25 percent of the
4573	difference between the amounts set forth in paragraphs (a) and
4574	(b), except that if all of the affected taxing authorities agree
4575	under an interlocal agreement, a particular local trust fund may
4576	be funded by the proceeds of an ad valorem tax increment greater
4577	than 25 percent of the difference between the amounts set forth
4578	in paragraphs (a) and (b):
4579	(a)  The amount of ad valorem tax levied each year by each
4580	taxing authority, exclusive of any amount from any debt service
4581	millage, on taxable real property contained within the
4582	jurisdiction of the transportation development concurrency
4583	backlog authority and within the transportation deficiency
4584	backlog area; and
4585	(b)  The amount of ad valorem taxes which would have been
4586	produced by the rate upon which the tax is levied each year by
4587	or for each taxing authority, exclusive of any debt service
4588	millage, upon the total of the assessed value of the taxable
4589	real property within the transportation deficiency concurrency
4590	backlog area as shown on the most recent assessment roll used in
4591	connection with the taxation of such property of each taxing
4592	authority prior to the effective date of the ordinance funding
4593	the trust fund.
4594	(6)  EXEMPTIONS.-
4595	(a)  The following public bodies or taxing authorities are
4596	exempt from the provisions of this section:
4597	1.  A special district that levies ad valorem taxes on
4598	taxable real property in more than one county.
4599	2.  A special district for which the sole available source
4600	of revenue is the authority to levy ad valorem taxes at the time
4601	an ordinance is adopted under this section. However, revenues or
4602	aid that may be dispensed or appropriated to a district as
4603	defined in s. 388.011 at the discretion of an entity other than
4604	such district are shall not be deemed available.
4605	3.  A library district.
4606	4.  A neighborhood improvement district created under the
4607	Safe Neighborhoods Act.
4608	5.  A metropolitan transportation authority.
4609	6.  A water management district created under s. 373.069.
4610	7.  A community redevelopment agency.
4611	(b)  A transportation development concurrency exemption
4612	authority may also exempt from this section a special district
4613	that levies ad valorem taxes within the transportation
4614	deficiency concurrency backlog area pursuant to s.
4615	163.387(2)(d).
4616	(7)  TRANSPORTATION CONCURRENCY SATISFACTION.-Upon adoption
4617	of a transportation sufficiency concurrency backlog plan as a
4618	part of the local government comprehensive plan, and the plan
4619	going into effect, the area subject to the plan shall be deemed
4620	to have achieved and maintained transportation level-of-service
4621	standards, and to have met requirements for financial
4622	feasibility for transportation facilities, and for the purpose
4623	of proposed development transportation concurrency has been
4624	satisfied. Proportionate fair-share mitigation shall be limited
4625	to ensure that a development inside a transportation deficiency
4626	concurrency backlog area is not responsible for the additional
4627	costs of eliminating deficiencies backlogs.
4628	(8)  DISSOLUTION.-Upon completion of all transportation
4629	concurrency backlog projects identified in the transportation
4630	sufficiency plan and repayment or defeasance of all debt issued
4631	to finance or refinance such projects, a transportation
4632	development concurrency backlog authority shall be dissolved,
4633	and its assets and liabilities transferred to the county or
4634	municipality within which the authority is located. All
4635	remaining assets of the authority must be used for
4636	implementation of transportation projects within the
4637	jurisdiction of the authority. The local government
4638	comprehensive plan shall be amended to remove the transportation
4639	concurrency backlog plan.
4640	Section 17.  Section 163.3184, Florida Statutes, is amended
4641	to read:
4642	163.3184  Process for adoption of comprehensive plan or
4643	plan amendment.-
4644	(1)  DEFINITIONS.-As used in this section, the term:
4645	(a)  "Affected person" includes the affected local
4646	government; persons owning property, residing, or owning or
4647	operating a business within the boundaries of the local
4648	government whose plan is the subject of the review; owners of
4649	real property abutting real property that is the subject of a
4650	proposed change to a future land use map; and adjoining local
4651	governments that can demonstrate that the plan or plan amendment
4652	will produce substantial impacts on the increased need for
4653	publicly funded infrastructure or substantial impacts on areas
4654	designated for protection or special treatment within their
4655	jurisdiction. Each person, other than an adjoining local
4656	government, in order to qualify under this definition, shall
4657	also have submitted oral or written comments, recommendations,
4658	or objections to the local government during the period of time
4659	beginning with the transmittal hearing for the plan or plan
4660	amendment and ending with the adoption of the plan or plan
4661	amendment.
4662	(b)  "In compliance" means consistent with the requirements
4663	of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4664	163.3248 with the state comprehensive plan, with the appropriate
4665	strategic regional policy plan, and with chapter 9J-5, Florida
4666	Administrative Code, where such rule is not inconsistent with
4667	this part and with the principles for guiding development in
4668	designated areas of critical state concern and with part III of
4669	chapter 369, where applicable.
4670	(c)  "Reviewing agencies" means:
4671	1.  The state land planning agency;
4672	2.  The appropriate regional planning council;
4673	3.  The appropriate water management district;
4674	4.  The Department of Environmental Protection;
4675	5.  The Department of State;
4676	6.  The Department of Transportation;
4677	7.  In the case of plan amendments relating to public
4678	schools, the Department of Education;
4679	8.  In the case of plans or plan amendments that affect a
4680	military installation listed in s. 163.3175, the commanding
4681	officer of the affected military installation;
4682	9.  In the case of county plans and plan amendments, the
4683	Fish and Wildlife Conservation Commission and the Department of
4684	Agriculture and Consumer Services; and
4685	10.  In the case of municipal plans and plan amendments,
4686	the county in which the municipality is located.
4687	(2)  COMPREHENSIVE PLANS AND PLAN AMENDMENTS.-
4688	(a)  Plan amendments adopted by local governments shall
4689	follow the expedited state review process in subsection (3),
4690	except as set forth in paragraphs (b) and (c).
4691	(b)  Plan amendments that qualify as small-scale
4692	development amendments may follow the small-scale review process
4693	in s. 163.3187.
4694	(c)  Plan amendments that are in an area of critical state
4695	concern designated pursuant to s. 380.05; propose a rural land
4696	stewardship area pursuant to s. 163.3248; propose a sector plan
4697	pursuant to s. 163.3245; update a comprehensive plan based on an
4698	evaluation and appraisal pursuant to s. 163.3191; or are new
4699	plans for newly incorporated municipalities adopted pursuant to
4700	s. 163.3167 shall follow the state coordinated review process in
4701	subsection (4).
4702	(3)  EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
4703	COMPREHENSIVE PLAN AMENDMENTS.-
4704	(a)  The process for amending a comprehensive plan
4705	described in this subsection shall apply to all amendments
4706	except as provided in paragraphs (2)(b) and (c) and shall be
4707	applicable statewide.
4708	(b)1.  The local government, after the initial public
4709	hearing held pursuant to subsection (11), shall immediately
4710	transmit the amendment or amendments and appropriate supporting
4711	data and analyses to the reviewing agencies. The local governing
4712	body shall also transmit a copy of the amendments and supporting
4713	data and analyses to any other local government or governmental
4714	agency that has filed a written request with the governing body.
4715	2.  The reviewing agencies and any other local government
4716	or governmental agency specified in subparagraph 1. may provide
4717	comments regarding the amendment or amendments to the local
4718	government. State agencies shall only comment on important state
4719	resources and facilities that will be adversely impacted by the
4720	amendment if adopted. Comments provided by state agencies shall
4721	state with specificity how the plan amendment will adversely
4722	impact an important state resource or facility and shall
4723	identify measures the local government may take to eliminate,
4724	reduce, or mitigate the adverse impacts. Such comments, if not
4725	resolved, may result in a challenge by the state land planning
4726	agency to the plan amendment. Agencies and local governments
4727	must transmit their comments to the affected local government
4728	such that they are received by the local government not later
4729	than 30 days from the date on which the agency or government
4730	received the amendment or amendments. Reviewing agencies shall
4731	also send a copy of their comments to the state land planning
4732	agency.
4733	3.  Comments to the local government from a regional
4734	planning council, county, or municipality shall be limited as
4735	follows:
4736	a.  The regional planning council review and comments shall
4737	be limited to adverse effects on regional resources or
4738	facilities identified in the strategic regional policy plan and
4739	extrajurisdictional impacts that would be inconsistent with the
4740	comprehensive plan of any affected local government within the
4741	region. A regional planning council may not review and comment
4742	on a proposed comprehensive plan amendment prepared by such
4743	council unless the plan amendment has been changed by the local
4744	government subsequent to the preparation of the plan amendment
4745	by the regional planning council.
4746	b.  County comments shall be in the context of the
4747	relationship and effect of the proposed plan amendments on the
4748	county plan.
4749	c.  Municipal comments shall be in the context of the
4750	relationship and effect of the proposed plan amendments on the
4751	municipal plan.
4752	d. Military installation comments shall be provided in
4753	accordance with s. 163.3175.
4754	4.  Comments to the local government from state agencies
4755	shall be limited to the following subjects as they relate to
4756	important state resources and facilities that will be adversely
4757	impacted by the amendment if adopted:
4758	a.  The Department of Environmental Protection shall limit
4759	its comments to the subjects of air and water pollution;
4760	wetlands and other surface waters of the state; federal and
4761	state-owned lands and interest in lands, including state parks,
4762	greenways and trails, and conservation easements; solid waste;
4763	water and wastewater treatment; and the Everglades ecosystem
4764	restoration.
4765	b.  The Department of State shall limit its comments to the
4766	subjects of historic and archeological resources.
4767	c.  The Department of Transportation shall limit its
4768	comments to the subject of the strategic intermodal system.
4769	d.  The Fish and Wildlife Conservation Commission shall
4770	limit its comments to subjects relating to fish and wildlife
4771	habitat and listed species and their habitat.
4772	e.  The Department of Agriculture and Consumer Services
4773	shall limit its comments to the subjects of agriculture,
4774	forestry, and aquaculture issues.
4775	f.  The Department of Education shall limit its comments to
4776	the subject of public school facilities.
4777	g.  The appropriate water management district shall limit
4778	its comments to flood protection and floodplain management,
4779	wetlands and other surface waters, and regional water supply.
4780	h.  The state land planning agency shall limit its comments
4781	to important state resources and facilities outside the
4782	jurisdiction of other commenting state agencies and may include
4783	comments on countervailing planning policies and objectives
4784	served by the plan amendment that should be balanced against
4785	potential adverse impacts to important state resources and
4786	facilities.
4787	(c)1.  The local government shall hold its second public
4788	hearing, which shall be a hearing on whether to adopt one or
4789	more comprehensive plan amendments pursuant to subsection (11).
4790	If the local government fails, within 180 days after receipt of
4791	agency comments, to hold the second public hearing, the
4792	amendments shall be deemed withdrawn unless extended by
4793	agreement with notice to the state land planning agency and any
4794	affected person that provided comments on the amendment. The
4795	180-day limitation does not apply to amendments processed
4796	pursuant to s. 380.06.
4797	2.  All comprehensive plan amendments adopted by the
4798	governing body, along with the supporting data and analysis,
4799	shall be transmitted within 10 days after the second public
4800	hearing to the state land planning agency and any other agency
4801	or local government that provided timely comments under
4802	subparagraph (b)2.
4803	3.  The state land planning agency shall notify the local
4804	government of any deficiencies within 5 working days after
4805	receipt of an amendment package. For purposes of completeness,
4806	an amendment shall be deemed complete if it contains a full,
4807	executed copy of the adoption ordinance or ordinances; in the
4808	case of a text amendment, a full copy of the amended language in
4809	legislative format with new words inserted in the text
4810	underlined, and words deleted stricken with hyphens; in the case
4811	of a future land use map amendment, a copy of the future land
4812	use map clearly depicting the parcel, its existing future land
4813	use designation, and its adopted designation; and a copy of any
4814	data and analyses the local government deems appropriate.
4815	4.  An amendment adopted under this paragraph does not
4816	become effective until 31 days after the state land planning
4817	agency notifies the local government that the plan amendment
4818	package is complete. Amendments listed in paragraph (2)(c) and
4819	subject to the state coordinated review process go into effect
4820	pursuant to the state land planning agency's notice of intent.
4821	If timely challenged, an amendment does not become effective
4822	until the state land planning agency or the Administration
4823	Commission enters a final order determining the adopted
4824	amendment to be in compliance.
4825	(4)  STATE COORDINATED REVIEW PROCESS.-
4826	(a)(2)  Coordination.-The state land planning agency shall
4827	only use the state coordinated review process described in this
4828	subsection for review of comprehensive plans and plan amendments
4829	described in paragraph (2)(c). Each comprehensive plan or plan
4830	amendment proposed to be adopted pursuant to this subsection
4831	part shall be transmitted, adopted, and reviewed in the manner
4832	prescribed in this subsection section. The state land planning
4833	agency shall have responsibility for plan review, coordination,
4834	and the preparation and transmission of comments, pursuant to
4835	this subsection section, to the local governing body responsible
4836	for the comprehensive plan or plan amendment. The state land
4837	planning agency shall maintain a single file concerning any
4838	proposed or adopted plan amendment submitted by a local
4839	government for any review under this section. Copies of all
4840	correspondence, papers, notes, memoranda, and other documents
4841	received or generated by the state land planning agency must be
4842	placed in the appropriate file. Paper copies of all electronic
4843	mail correspondence must be placed in the file. The file and its
4844	contents must be available for public inspection and copying as
4845	provided in chapter 119.
4846	(b)(3)  Local government transmittal of proposed plan or
4847	amendment.-
4848	(a)  Each local governing body proposing a plan or plan
4849	amendment specified in paragraph (2)(c) shall transmit the
4850	complete proposed comprehensive plan or plan amendment to the
4851	reviewing agencies state land planning agency, the appropriate
4852	regional planning council and water management district, the
4853	Department of Environmental Protection, the Department of State,
4854	and the Department of Transportation, and, in the case of
4855	municipal plans, to the appropriate county, and, in the case of
4856	county plans, to the Fish and Wildlife Conservation Commission
4857	and the Department of Agriculture and Consumer Services,
4858	immediately following the first a public hearing pursuant to
4859	subsection (11). The transmitted document shall clearly indicate
4860	on the cover sheet that this plan amendment is subject to the
4861	state coordinated review process of s. 163.3184(4)(15) as
4862	specified in the state land planning agency's procedural rules.
4863	The local governing body shall also transmit a copy of the
4864	complete proposed comprehensive plan or plan amendment to any
4865	other unit of local government or government agency in the state
4866	that has filed a written request with the governing body for the
4867	plan or plan amendment. The local government may request a
4868	review by the state land planning agency pursuant to subsection
4869	(6) at the time of the transmittal of an amendment.
4870	(b)  A local governing body shall not transmit portions of
4871	a plan or plan amendment unless it has previously provided to
4872	all state agencies designated by the state land planning agency
4873	a complete copy of its adopted comprehensive plan pursuant to
4874	subsection (7) and as specified in the agency's procedural
4875	rules. In the case of comprehensive plan amendments, the local
4876	governing body shall transmit to the state land planning agency,
4877	the appropriate regional planning council and water management
4878	district, the Department of Environmental Protection, the
4879	Department of State, and the Department of Transportation, and,
4880	in the case of municipal plans, to the appropriate county and,
4881	in the case of county plans, to the Fish and Wildlife
4882	Conservation Commission and the Department of Agriculture and
4883	Consumer Services the materials specified in the state land
4884	planning agency's procedural rules and, in cases in which the
4885	plan amendment is a result of an evaluation and appraisal report
4886	adopted pursuant to s. 163.3191, a copy of the evaluation and
4887	appraisal report. Local governing bodies shall consolidate all
4888	proposed plan amendments into a single submission for each of
4889	the two plan amendment adoption dates during the calendar year
4890	pursuant to s. 163.3187.
4891	(c)  A local government may adopt a proposed plan amendment
4892	previously transmitted pursuant to this subsection, unless
4893	review is requested or otherwise initiated pursuant to
4894	subsection (6).
4895	(d)  In cases in which a local government transmits
4896	multiple individual amendments that can be clearly and legally
4897	separated and distinguished for the purpose of determining
4898	whether to review the proposed amendment, and the state land
4899	planning agency elects to review several or a portion of the
4900	amendments and the local government chooses to immediately adopt
4901	the remaining amendments not reviewed, the amendments
4902	immediately adopted and any reviewed amendments that the local
4903	government subsequently adopts together constitute one amendment
4904	cycle in accordance with s. 163.3187(1).
4905	(e)  At the request of an applicant, a local government
4906	shall consider an application for zoning changes that would be
4907	required to properly enact the provisions of any proposed plan
4908	amendment transmitted pursuant to this subsection. Zoning
4909	changes approved by the local government are contingent upon the
4910	comprehensive plan or plan amendment transmitted becoming
4911	effective.
4912	(c)(4)  Reviewing agency comments INTERGOVERNMENTAL
4913	REVIEW.-The governmental agencies specified in paragraph (b) may
4914	paragraph (3)(a) shall provide comments regarding the plan or
4915	plan amendments in accordance with subparagraphs (3)(b)2.-4.
4916	However, comments on plans or plan amendments required to be
4917	reviewed under the state coordinated review process shall be
4918	sent to the state land planning agency within 30 days after
4919	receipt by the state land planning agency of the complete
4920	proposed plan or plan amendment from the local government. If
4921	the state land planning agency comments on a plan or plan
4922	amendment adopted under the state coordinated review process, it
4923	shall provide comments according to paragraph (d). Any other
4924	unit of local government or government agency specified in
4925	paragraph (b) may provide comments to the state land planning
4926	agency in accordance with subparagraphs (3)(b)2.-4. within 30
4927	days after receipt by the state land planning agency of the
4928	complete proposed plan or plan amendment. If the plan or plan
4929	amendment includes or relates to the public school facilities
4930	element pursuant to s. 163.3177(12), the state land planning
4931	agency shall submit a copy to the Office of Educational
4932	Facilities of the Commissioner of Education for review and
4933	comment. The appropriate regional planning council shall also
4934	provide its written comments to the state land planning agency
4935	within 30 days after receipt by the state land planning agency
4936	of the complete proposed plan amendment and shall specify any
4937	objections, recommendations for modifications, and comments of
4938	any other regional agencies to which the regional planning
4939	council may have referred the proposed plan amendment. Written
4940	comments submitted by the public shall be sent directly to the
4941	local government within 30 days after notice of transmittal by
4942	the local government of the proposed plan amendment will be
4943	considered as if submitted by governmental agencies. All written
4944	agency and public comments must be made part of the file
4945	maintained under subsection (2).
4946	(5)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.-The review of
4947	the regional planning council pursuant to subsection (4) shall
4948	be limited to effects on regional resources or facilities
4949	identified in the strategic regional policy plan and
4950	extrajurisdictional impacts which would be inconsistent with the
4951	comprehensive plan of the affected local government. However,
4952	any inconsistency between a local plan or plan amendment and a
4953	strategic regional policy plan must not be the sole basis for a
4954	notice of intent to find a local plan or plan amendment not in
4955	compliance with this act. A regional planning council shall not
4956	review and comment on a proposed comprehensive plan it prepared
4957	itself unless the plan has been changed by the local government
4958	subsequent to the preparation of the plan by the regional
4959	planning agency. The review of the county land planning agency
4960	pursuant to subsection (4) shall be primarily in the context of
4961	the relationship and effect of the proposed plan amendment on
4962	any county comprehensive plan element. Any review by
4963	municipalities will be primarily in the context of the
4964	relationship and effect on the municipal plan.
4965	(d)(6)  State land planning agency review.-
4966	(a)  The state land planning agency shall review a proposed
4967	plan amendment upon request of a regional planning council,
4968	affected person, or local government transmitting the plan
4969	amendment. The request from the regional planning council or
4970	affected person must be received within 30 days after
4971	transmittal of the proposed plan amendment pursuant to
4972	subsection (3). A regional planning council or affected person
4973	requesting a review shall do so by submitting a written request
4974	to the agency with a notice of the request to the local
4975	government and any other person who has requested notice.
4976	(b)  The state land planning agency may review any proposed
4977	plan amendment regardless of whether a request for review has
4978	been made, if the agency gives notice to the local government,
4979	and any other person who has requested notice, of its intention
4980	to conduct such a review within 35 days after receipt of the
4981	complete proposed plan amendment.
4982	1.(c)  The state land planning agency shall establish by
4983	rule a schedule for receipt of comments from the various
4984	government agencies, as well as written public comments,
4985	pursuant to subsection (4). If the state land planning agency
4986	elects to review a plan or plan the amendment or the agency is
4987	required to review the amendment as specified in paragraph
4988	(2)(c)(a), the agency shall issue a report giving its
4989	objections, recommendations, and comments regarding the proposed
4990	plan or plan amendment within 60 days after receipt of the
4991	complete proposed plan or plan amendment by the state land
4992	planning agency. Notwithstanding the limitation on comments in
4993	sub-subparagraph (3)(b)4.g., the state land planning agency may
4994	make objections, recommendations, and comments in its report
4995	regarding whether the plan or plan amendment is in compliance
4996	and whether the plan or plan amendment will adversely impact
4997	important state resources and facilities. Any objection
4998	regarding an important state resource or facility that will be
4999	adversely impacted by the adopted plan or plan amendment shall
5000	also state with specificity how the plan or plan amendment will
5001	adversely impact the important state resource or facility and
5002	shall identify measures the local government may take to
5003	eliminate, reduce, or mitigate the adverse impacts. When a
5004	federal, state, or regional agency has implemented a permitting
5005	program, the state land planning agency shall not require a
5006	local government is not required to duplicate or exceed that
5007	permitting program in its comprehensive plan or to implement
5008	such a permitting program in its land development regulations.
5009	This subparagraph does not Nothing contained herein shall
5010	prohibit the state land planning agency in conducting its review
5011	of local plans or plan amendments from making objections,
5012	recommendations, and comments or making compliance
5013	determinations regarding densities and intensities consistent
5014	with the provisions of this part. In preparing its comments, the
5015	state land planning agency shall only base its considerations on
5016	written, and not oral, comments, from any source.
5017	2.(d)  The state land planning agency review shall identify
5018	all written communications with the agency regarding the
5019	proposed plan amendment. If the state land planning agency does
5020	not issue such a review, it shall identify in writing to the
5021	local government all written communications received 30 days
5022	after transmittal. The written identification must include a
5023	list of all documents received or generated by the agency, which
5024	list must be of sufficient specificity to enable the documents
5025	to be identified and copies requested, if desired, and the name
5026	of the person to be contacted to request copies of any
5027	identified document. The list of documents must be made a part
5028	of the public records of the state land planning agency.
5029	(e)(7)  Local government review of comments; adoption of
5030	plan or amendments and transmittal.-
5031	(a)  The local government shall review the report written
5032	comments submitted to it by the state land planning agency, if
5033	any, and written comments submitted to it by any other person,
5034	agency, or government. Any comments, recommendations, or
5035	objections and any reply to them shall be public documents, a
5036	part of the permanent record in the matter, and admissible in
5037	any proceeding in which the comprehensive plan or plan amendment
5038	may be at issue. The local government, upon receipt of the
5039	report written comments from the state land planning agency,
5040	shall follow the process in paragraph (3)(c) for the adoption of
5041	its plan or plan amendment. After the state land planning agency
5042	makes a determination of completeness pursuant to subparagraph
5043	(3)(c)3. regarding the adopted plan or plan amendment, the state
5044	land planning agency shall have 45 days to determine if the plan
5045	or plan amendment is in compliance with this act. Unless the
5046	plan or plan amendment is substantially changed from the one
5047	commented on, the state land planning agency's compliance
5048	determination shall be limited to objections raised in the
5049	objections, recommendation, and comments report. During the time
5050	period provided for in this subsection, the state land planning
5051	agency shall issue, through a senior administrator or the
5052	secretary, a notice of intent to find that the plan or plan
5053	amendment is in compliance or not in compliance. The state land
5054	planning agency shall post a copy of the notice of intent on the
5055	agency's Internet site. Publication by the state land planning
5056	agency of the notice of intent on the state land planning
5057	agency's Internet site shall be prima facie evidence of
5058	compliance with the publication requirements of this section.
5059	(5)  ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
5060	AMENDMENTS.-
5061	(a)  Any affected person as defined in paragraph (1)(a) may
5062	file a petition with the Division of Administrative Hearings
5063	pursuant to ss. 120.569 and 120.57, with a copy served on the
5064	affected local government, to request a formal hearing to
5065	challenge whether the plan or plan amendments are in compliance
5066	as defined in paragraph (1)(b). This petition must be filed with
5067	the division within 30 days after the local government adopts
5068	the amendment. The state land planning agency may not intervene
5069	in a proceeding initiated by an affected person.
5070	(b)  The state land planning agency may file a petition
5071	with the Division of Administrative Hearings pursuant to ss.
5072	120.569 and 120.57, with a copy served on the affected local
5073	government, to request a formal hearing to challenge whether the
5074	plan or plan amendment is in compliance as defined in paragraph
5075	(1)(b). The state land planning agency's petition must clearly
5076	state the reasons for the challenge. This petition must be filed
5077	with the division within 30 days after the state land planning
5078	agency notifies the local government that the plan amendment
5079	package is complete according to subparagraph (3)(c)3.
5080	1.  The state land planning agency's challenge to plan
5081	amendments adopted under the expedited state review process
5082	shall be limited to the comments provided by the reviewing
5083	agencies pursuant to subparagraphs (3)(b)2.-4., upon a
5084	determination by the state land planning agency that an
5085	important state resource or facility will be adversely impacted
5086	by the adopted plan amendment. The state land planning agency's
5087	petition shall state with specificity how the plan amendment
5088	will adversely impact the important state resource or facility.
5089	The state land planning agency may challenge a plan amendment
5090	that has substantially changed from the version on which the
5091	agencies provided comments but only upon a determination by the
5092	state land planning agency that an important state resource or
5093	facility will be adversely impacted.
5094	2.  If the state land planning agency issues a notice of
5095	intent to find the comprehensive plan or plan amendment not in
5096	compliance with this act, the notice of intent shall be
5097	forwarded to the Division of Administrative Hearings of the
5098	Department of Management Services, which shall conduct a
5099	proceeding under ss. 120.569 and 120.57 in the county of and
5100	convenient to the affected local jurisdiction. The parties to
5101	the proceeding shall be the state land planning agency, the
5102	affected local government, and any affected person who
5103	intervenes. No new issue may be alleged as a reason to find a
5104	plan or plan amendment not in compliance in an administrative
5105	pleading filed more than 21 days after publication of notice
5106	unless the party seeking that issue establishes good cause for
5107	not alleging the issue within that time period. Good cause does
5108	not include excusable neglect.
5109	(c)  An administrative law judge shall hold a hearing in
5110	the affected local jurisdiction on whether the plan or plan
5111	amendment is in compliance.
5112	1.  In challenges filed by an affected person, the
5113	comprehensive plan or plan amendment shall be determined to be
5114	in compliance if the local government's determination of
5115	compliance is fairly debatable.
5116	2.a.  In challenges filed by the state land planning
5117	agency, the local government's determination that the
5118	comprehensive plan or plan amendment is in compliance is
5119	presumed to be correct, and the local government's determination
5120	shall be sustained unless it is shown by a preponderance of the
5121	evidence that the comprehensive plan or plan amendment is not in
5122	compliance.
5123	b.  In challenges filed by the state land planning agency,
5124	the local government's determination that elements of its plan
5125	are related to and consistent with each other shall be sustained
5126	if the determination is fairly debatable.
5127	3.  In challenges filed by the state land planning agency
5128	that require a determination by the agency that an important
5129	state resource or facility will be adversely impacted by the
5130	adopted plan or plan amendment, the local government may contest
5131	the agency's determination of an important state resource or
5132	facility. The state land planning agency shall prove its
5133	determination by clear and convincing evidence.
5134	(d)  If the administrative law judge recommends that the
5135	amendment be found not in compliance, the judge shall submit the
5136	recommended order to the Administration Commission for final
5137	agency action. The Administration Commission shall enter a final
5138	order within 45 days after its receipt of the recommended order.
5139	(e)  If the administrative law judge recommends that the
5140	amendment be found in compliance, the judge shall submit the
5141	recommended order to the state land planning agency.
5142	1.  If the state land planning agency determines that the
5143	plan amendment should be found not in compliance, the agency
5144	shall refer, within 30 days after receipt of the recommended
5145	order, the recommended order and its determination to the
5146	Administration Commission for final agency action.
5147	2.  If the state land planning agency determines that the
5148	plan amendment should be found in compliance, the agency shall
5149	enter its final order not later than 30 days after receipt of
5150	the recommended order.
5151	(f)  Parties to a proceeding under this subsection may
5152	enter into compliance agreements using the process in subsection
5153	(6).
5154	(6)  COMPLIANCE AGREEMENT.-
5155	(a)  At any time after the filing of a challenge, the state
5156	land planning agency and the local government may voluntarily
5157	enter into a compliance agreement to resolve one or more of the
5158	issues raised in the proceedings. Affected persons who have
5159	initiated a formal proceeding or have intervened in a formal
5160	proceeding may also enter into a compliance agreement with the
5161	local government. All parties granted intervenor status shall be
5162	provided reasonable notice of the commencement of a compliance
5163	agreement negotiation process and a reasonable opportunity to
5164	participate in such negotiation process. Negotiation meetings
5165	with local governments or intervenors shall be open to the
5166	public. The state land planning agency shall provide each party
5167	granted intervenor status with a copy of the compliance
5168	agreement within 10 days after the agreement is executed. The
5169	compliance agreement shall list each portion of the plan or plan
5170	amendment that has been challenged, and shall specify remedial
5171	actions that the local government has agreed to complete within
5172	a specified time in order to resolve the challenge, including
5173	adoption of all necessary plan amendments. The compliance
5174	agreement may also establish monitoring requirements and
5175	incentives to ensure that the conditions of the compliance
5176	agreement are met.
5177	(b)  Upon the filing of a compliance agreement executed by
5178	the parties to a challenge and the local government with the
5179	Division of Administrative Hearings, any administrative
5180	proceeding under ss. 120.569 and 120.57 regarding the plan or
5181	plan amendment covered by the compliance agreement shall be
5182	stayed.
5183	(c)  Before its execution of a compliance agreement, the
5184	local government must approve the compliance agreement at a
5185	public hearing advertised at least 10 days before the public
5186	hearing in a newspaper of general circulation in the area in
5187	accordance with the advertisement requirements of chapter 125 or
5188	chapter 166, as applicable.
5189	(d)  The local government shall hold a single public
5190	hearing for adopting remedial amendments.
5191	(e)  For challenges to amendments adopted under the
5192	expedited review process, if the local government adopts a
5193	comprehensive plan amendment pursuant to a compliance agreement,
5194	an affected person or the state land planning agency may file a
5195	revised challenge with the Division of Administrative Hearings
5196	within 15 days after the adoption of the remedial amendment.
5197	(f)  For challenges to amendments adopted under the state
5198	coordinated process, the state land planning agency, upon
5199	receipt of a plan or plan amendment adopted pursuant to a
5200	compliance agreement, shall issue a cumulative notice of intent
5201	addressing both the remedial amendment and the plan or plan
5202	amendment that was the subject of the agreement.
5203	1.  If the local government adopts a comprehensive plan or
5204	plan amendment pursuant to a compliance agreement and a notice
5205	of intent to find the plan amendment in compliance is issued,
5206	the state land planning agency shall forward the notice of
5207	intent to the Division of Administrative Hearings and the
5208	administrative law judge shall realign the parties in the
5209	pending proceeding under ss. 120.569 and 120.57, which shall
5210	thereafter be governed by the process contained in paragraph
5211	(5)(a) and subparagraph (5)(c)1., including provisions relating
5212	to challenges by an affected person, burden of proof, and issues
5213	of a recommended order and a final order. Parties to the
5214	original proceeding at the time of realignment may continue as
5215	parties without being required to file additional pleadings to
5216	initiate a proceeding, but may timely amend their pleadings to
5217	raise any challenge to the amendment that is the subject of the
5218	cumulative notice of intent, and must otherwise conform to the
5219	rules of procedure of the Division of Administrative Hearings.
5220	Any affected person not a party to the realigned proceeding may
5221	challenge the plan amendment that is the subject of the
5222	cumulative notice of intent by filing a petition with the agency
5223	as provided in subsection (5). The agency shall forward the
5224	petition filed by the affected person not a party to the
5225	realigned proceeding to the Division of Administrative Hearings
5226	for consolidation with the realigned proceeding. If the
5227	cumulative notice of intent is not challenged, the state land
5228	planning agency shall request that the Division of
5229	Administrative Hearings relinquish jurisdiction to the state
5230	land planning agency for issuance of a final order.
5231	2.  If the local government adopts a comprehensive plan
5232	amendment pursuant to a compliance agreement and a notice of
5233	intent is issued that finds the plan amendment not in
5234	compliance, the state land planning agency shall forward the
5235	notice of intent to the Division of Administrative Hearings,
5236	which shall consolidate the proceeding with the pending
5237	proceeding and immediately set a date for a hearing in the
5238	pending proceeding under ss. 120.569 and 120.57. Affected
5239	persons who are not a party to the underlying proceeding under
5240	ss. 120.569 and 120.57 may challenge the plan amendment adopted
5241	pursuant to the compliance agreement by filing a petition
5242	pursuant to paragraph (5)(a).
5243	(g)  This subsection does not prohibit a local government
5244	from amending portions of its comprehensive plan other than
5245	those that are the subject of a challenge. However, such
5246	amendments to the plan may not be inconsistent with the
5247	compliance agreement.
5248	(h)  This subsection does not require settlement by any
5249	party against its will or preclude the use of other informal
5250	dispute resolution methods in the course of or in addition to
5251	the method described in this subsection.
5252	(7)  MEDIATION AND EXPEDITIOUS RESOLUTION.-
5253	(a)  At any time after the matter has been forwarded to the
5254	Division of Administrative Hearings, the local government
5255	proposing the amendment may demand formal mediation or the local
5256	government proposing the amendment or an affected person who is
5257	a party to the proceeding may demand informal mediation or
5258	expeditious resolution of the amendment proceedings by serving
5259	written notice on the state land planning agency if a party to
5260	the proceeding, all other parties to the proceeding, and the
5261	administrative law judge.
5262	(b)  Upon receipt of a notice pursuant to paragraph (a),
5263	the administrative law judge shall set the matter for final
5264	hearing no more than 30 days after receipt of the notice. Once a
5265	final hearing has been set, no continuance in the hearing, and
5266	no additional time for post-hearing submittals, may be granted
5267	without the written agreement of the parties absent a finding by
5268	the administrative law judge of extraordinary circumstances.
5269	Extraordinary circumstances do not include matters relating to
5270	workload or need for additional time for preparation,
5271	negotiation, or mediation.
5272	(c)  Absent a showing of extraordinary circumstances, the
5273	administrative law judge shall issue a recommended order, in a
5274	case proceeding under subsection (5), within 30 days after
5275	filing of the transcript, unless the parties agree in writing to
5276	a longer time.
5277	(d)  Absent a showing of extraordinary circumstances, the
5278	Administration Commission shall issue a final order, in a case
5279	proceeding under subsection (5), within 45 days after the
5280	issuance of the recommended order, unless the parties agree in
5281	writing to a longer time. have 120 days to adopt or adopt with
5282	changes the proposed comprehensive plan or s. 163.3191 plan
5283	amendments. In the case of comprehensive plan amendments other
5284	than those proposed pursuant to s. 163.3191, the local
5285	government shall have 60 days to adopt the amendment, adopt the
5286	amendment with changes, or determine that it will not adopt the
5287	amendment. The adoption of the proposed plan or plan amendment
5288	or the determination not to adopt a plan amendment, other than a
5289	plan amendment proposed pursuant to s. 163.3191, shall be made
5290	in the course of a public hearing pursuant to subsection (15).
5291	The local government shall transmit the complete adopted
5292	comprehensive plan or plan amendment, including the names and
5293	addresses of persons compiled pursuant to paragraph (15)(c), to
5294	the state land planning agency as specified in the agency's
5295	procedural rules within 10 working days after adoption. The
5296	local governing body shall also transmit a copy of the adopted
5297	comprehensive plan or plan amendment to the regional planning
5298	agency and to any other unit of local government or governmental
5299	agency in the state that has filed a written request with the
5300	governing body for a copy of the plan or plan amendment.
5301	(b)  If the adopted plan amendment is unchanged from the
5302	proposed plan amendment transmitted pursuant to subsection (3)
5303	and an affected person as defined in paragraph (1)(a) did not
5304	raise any objection, the state land planning agency did not
5305	review the proposed plan amendment, and the state land planning
5306	agency did not raise any objections during its review pursuant
5307	to subsection (6), the local government may state in the
5308	transmittal letter that the plan amendment is unchanged and was
5309	not the subject of objections.
5310	(8)  NOTICE OF INTENT.-
5311	(a)  If the transmittal letter correctly states that the
5312	plan amendment is unchanged and was not the subject of review or
5313	objections pursuant to paragraph (7)(b), the state land planning
5314	agency has 20 days after receipt of the transmittal letter
5315	within which to issue a notice of intent that the plan amendment
5316	is in compliance.
5317	(b)  Except as provided in paragraph (a) or in s.
5318	163.3187(3), the state land planning agency, upon receipt of a
5319	local government's complete adopted comprehensive plan or plan
5320	amendment, shall have 45 days for review and to determine if the
5321	plan or plan amendment is in compliance with this act, unless
5322	the amendment is the result of a compliance agreement entered
5323	into under subsection (16), in which case the time period for
5324	review and determination shall be 30 days. If review was not
5325	conducted under subsection (6), the agency's determination must
5326	be based upon the plan amendment as adopted. If review was
5327	conducted under subsection (6), the agency's determination of
5328	compliance must be based only upon one or both of the following:
5329	1.  The state land planning agency's written comments to
5330	the local government pursuant to subsection (6); or
5331	2.  Any changes made by the local government to the
5332	comprehensive plan or plan amendment as adopted.
5333	(c)1.  During the time period provided for in this
5334	subsection, the state land planning agency shall issue, through
5335	a senior administrator or the secretary, as specified in the
5336	agency's procedural rules, a notice of intent to find that the
5337	plan or plan amendment is in compliance or not in compliance. A
5338	notice of intent shall be issued by publication in the manner
5339	provided by this paragraph and by mailing a copy to the local
5340	government. The advertisement shall be placed in that portion of
5341	the newspaper where legal notices appear. The advertisement
5342	shall be published in a newspaper that meets the size and
5343	circulation requirements set forth in paragraph (15)(e) and that
5344	has been designated in writing by the affected local government
5345	at the time of transmittal of the amendment. Publication by the
5346	state land planning agency of a notice of intent in the
5347	newspaper designated by the local government shall be prima
5348	facie evidence of compliance with the publication requirements
5349	of this section. The state land planning agency shall post a
5350	copy of the notice of intent on the agency's Internet site. The
5351	agency shall, no later than the date the notice of intent is
5352	transmitted to the newspaper, send by regular mail a courtesy
5353	informational statement to persons who provide their names and
5354	addresses to the local government at the transmittal hearing or
5355	at the adoption hearing where the local government has provided
5356	the names and addresses of such persons to the department at the
5357	time of transmittal of the adopted amendment. The informational
5358	statements shall include the name of the newspaper in which the
5359	notice of intent will appear, the approximate date of
5360	publication, the ordinance number of the plan or plan amendment,
5361	and a statement that affected persons have 21 days after the
5362	actual date of publication of the notice to file a petition.
5363	2.  A local government that has an Internet site shall post
5364	a copy of the state land planning agency's notice of intent on
5365	the site within 5 days after receipt of the mailed copy of the
5366	agency's notice of intent.
5367	(9)  PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.-
5368	(a)  If the state land planning agency issues a notice of
5369	intent to find that the comprehensive plan or plan amendment
5370	transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
5371	or s. 163.3191 is in compliance with this act, any affected
5372	person may file a petition with the agency pursuant to ss.
5373	120.569 and 120.57 within 21 days after the publication of
5374	notice. In this proceeding, the local plan or plan amendment
5375	shall be determined to be in compliance if the local
5376	government's determination of compliance is fairly debatable.
5377	(b)  The hearing shall be conducted by an administrative
5378	law judge of the Division of Administrative Hearings of the
5379	Department of Management Services, who shall hold the hearing in
5380	the county of and convenient to the affected local jurisdiction
5381	and submit a recommended order to the state land planning
5382	agency. The state land planning agency shall allow for the
5383	filing of exceptions to the recommended order and shall issue a
5384	final order after receipt of the recommended order if the state
5385	land planning agency determines that the plan or plan amendment
5386	is in compliance. If the state land planning agency determines
5387	that the plan or plan amendment is not in compliance, the agency
5388	shall submit the recommended order to the Administration
5389	Commission for final agency action.
5390	(10)  PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
5391	COMPLIANCE.-
5392	(a)  If the state land planning agency issues a notice of
5393	intent to find the comprehensive plan or plan amendment not in
5394	compliance with this act, the notice of intent shall be
5395	forwarded to the Division of Administrative Hearings of the
5396	Department of Management Services, which shall conduct a
5397	proceeding under ss. 120.569 and 120.57 in the county of and
5398	convenient to the affected local jurisdiction. The parties to
5399	the proceeding shall be the state land planning agency, the
5400	affected local government, and any affected person who
5401	intervenes. No new issue may be alleged as a reason to find a
5402	plan or plan amendment not in compliance in an administrative
5403	pleading filed more than 21 days after publication of notice
5404	unless the party seeking that issue establishes good cause for
5405	not alleging the issue within that time period. Good cause shall
5406	not include excusable neglect. In the proceeding, the local
5407	government's determination that the comprehensive plan or plan
5408	amendment is in compliance is presumed to be correct. The local
5409	government's determination shall be sustained unless it is shown
5410	by a preponderance of the evidence that the comprehensive plan
5411	or plan amendment is not in compliance. The local government's
5412	determination that elements of its plans are related to and
5413	consistent with each other shall be sustained if the
5414	determination is fairly debatable.
5415	(b)  The administrative law judge assigned by the division
5416	shall submit a recommended order to the Administration
5417	Commission for final agency action.
5418	(c)  Prior to the hearing, the state land planning agency
5419	shall afford an opportunity to mediate or otherwise resolve the
5420	dispute. If a party to the proceeding requests mediation or
5421	other alternative dispute resolution, the hearing may not be
5422	held until the state land planning agency advises the
5423	administrative law judge in writing of the results of the
5424	mediation or other alternative dispute resolution. However, the
5425	hearing may not be delayed for longer than 90 days for mediation
5426	or other alternative dispute resolution unless a longer delay is
5427	agreed to by the parties to the proceeding. The costs of the
5428	mediation or other alternative dispute resolution shall be borne
5429	equally by all of the parties to the proceeding.
5430	(8)(11)  ADMINISTRATION COMMISSION.-
5431	(a)  If the Administration Commission, upon a hearing
5432	pursuant to subsection (5)(9) or subsection (10), finds that the
5433	comprehensive plan or plan amendment is not in compliance with
5434	this act, the commission shall specify remedial actions that
5435	which would bring the comprehensive plan or plan amendment into
5436	compliance.
5437	(b)  The commission may specify the sanctions provided in
5438	subparagraphs 1. and 2. to which the local government will be
5439	subject if it elects to make the amendment effective
5440	notwithstanding the determination of noncompliance.
5441	1.  The commission may direct state agencies not to provide
5442	funds to increase the capacity of roads, bridges, or water and
5443	sewer systems within the boundaries of those local governmental
5444	entities which have comprehensive plans or plan elements that
5445	are determined not to be in compliance. The commission order may
5446	also specify that the local government is shall not be eligible
5447	for grants administered under the following programs:
5448	a.1.  The Florida Small Cities Community Development Block
5449	Grant Program, as authorized by ss. 290.0401-290.049.
5450	b.2.  The Florida Recreation Development Assistance
5451	Program, as authorized by chapter 375.
5452	c.3.  Revenue sharing pursuant to ss. 206.60, 210.20, and
5453	218.61 and chapter 212, to the extent not pledged to pay back
5454	bonds.
5455	2.(b)  If the local government is one which is required to
5456	include a coastal management element in its comprehensive plan
5457	pursuant to s. 163.3177(6)(g), the commission order may also
5458	specify that the local government is not eligible for funding
5459	pursuant to s. 161.091. The commission order may also specify
5460	that the fact that the coastal management element has been
5461	determined to be not in compliance shall be a consideration when
5462	the department considers permits under s. 161.053 and when the
5463	Board of Trustees of the Internal Improvement Trust Fund
5464	considers whether to sell, convey any interest in, or lease any
5465	sovereignty lands or submerged lands until the element is
5466	brought into compliance.
5467	3.(c)  The sanctions provided by subparagraphs 1. and 2. do
5468	paragraphs (a) and (b) shall not apply to a local government
5469	regarding any plan amendment, except for plan amendments that
5470	amend plans that have not been finally determined to be in
5471	compliance with this part, and except as provided in paragraph
5472	(b) s. 163.3189(2) or s. 163.3191(11).
5473	(9)(12)  GOOD FAITH FILING.-The signature of an attorney or
5474	party constitutes a certificate that he or she has read the
5475	pleading, motion, or other paper and that, to the best of his or
5476	her knowledge, information, and belief formed after reasonable
5477	inquiry, it is not interposed for any improper purpose, such as
5478	to harass or to cause unnecessary delay, or for economic
5479	advantage, competitive reasons, or frivolous purposes or
5480	needless increase in the cost of litigation. If a pleading,
5481	motion, or other paper is signed in violation of these
5482	requirements, the administrative law judge, upon motion or his
5483	or her own initiative, shall impose upon the person who signed
5484	it, a represented party, or both, an appropriate sanction, which
5485	may include an order to pay to the other party or parties the
5486	amount of reasonable expenses incurred because of the filing of
5487	the pleading, motion, or other paper, including a reasonable
5488	attorney's fee.
5489	(10)(13)  EXCLUSIVE PROCEEDINGS.-The proceedings under this
5490	section shall be the sole proceeding or action for a
5491	determination of whether a local government's plan, element, or
5492	amendment is in compliance with this act.
5493	(14)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5494	government comprehensive plan or plan amendment which is
5495	applicable to a designated area of critical state concern shall
5496	be effective until a final order is issued finding the plan or
5497	amendment to be in compliance as defined in this section.
5498	(11)(15)  PUBLIC HEARINGS.-
5499	(a)  The procedure for transmittal of a complete proposed
5500	comprehensive plan or plan amendment pursuant to subparagraph
5501	subsection (3)(b)1. and paragraph (4)(b) and for adoption of a
5502	comprehensive plan or plan amendment pursuant to
5503	subparagraphs(3)(c)1. and (4)(e)1. subsection (7) shall be by
5504	affirmative vote of not less than a majority of the members of
5505	the governing body present at the hearing. The adoption of a
5506	comprehensive plan or plan amendment shall be by ordinance. For
5507	the purposes of transmitting or adopting a comprehensive plan or
5508	plan amendment, the notice requirements in chapters 125 and 166
5509	are superseded by this subsection, except as provided in this
5510	part.
5511	(b)  The local governing body shall hold at least two
5512	advertised public hearings on the proposed comprehensive plan or
5513	plan amendment as follows:
5514	1.  The first public hearing shall be held at the
5515	transmittal stage pursuant to subsection (3). It shall be held
5516	on a weekday at least 7 days after the day that the first
5517	advertisement is published pursuant to the requirements of
5518	chapter 125 or chapter 166.
5519	2.  The second public hearing shall be held at the adoption
5520	stage pursuant to subsection (7). It shall be held on a weekday
5521	at least 5 days after the day that the second advertisement is
5522	published pursuant to the requirements of chapter 125 or chapter
5523	166.
5524	(c)  Nothing in this part is intended to prohibit or limit
5525	the authority of local governments to require a person
5526	requesting an amendment to pay some or all of the cost of the
5527	public notice.
5528	(12) CONCURRENT ZONING.-At the request of an applicant, a
5529	local government shall consider an application for zoning
5530	changes that would be required to properly enact any proposed
5531	plan amendment transmitted pursuant to this subsection. Zoning
5532	changes approved by the local government are contingent upon the
5533	comprehensive plan or plan amendment transmitted becoming
5534	effective.
5535	(13)  AREAS OF CRITICAL STATE CONCERN.-No proposed local
5536	government comprehensive plan or plan amendment that is
5537	applicable to a designated area of critical state concern shall
5538	be effective until a final order is issued finding the plan or
5539	amendment to be in compliance as defined in paragraph (1)(b).
5540	(c)  The local government shall provide a sign-in form at
5541	the transmittal hearing and at the adoption hearing for persons
5542	to provide their names and mailing addresses. The sign-in form
5543	must advise that any person providing the requested information
5544	will receive a courtesy informational statement concerning
5545	publications of the state land planning agency's notice of
5546	intent. The local government shall add to the sign-in form the
5547	name and address of any person who submits written comments
5548	concerning the proposed plan or plan amendment during the time
5549	period between the commencement of the transmittal hearing and
5550	the end of the adoption hearing. It is the responsibility of the
5551	person completing the form or providing written comments to
5552	accurately, completely, and legibly provide all information
5553	needed in order to receive the courtesy informational statement.
5554	(d)  The agency shall provide a model sign-in form for
5555	providing the list to the agency which may be used by the local
5556	government to satisfy the requirements of this subsection.
5557	(e)  If the proposed comprehensive plan or plan amendment
5558	changes the actual list of permitted, conditional, or prohibited
5559	uses within a future land use category or changes the actual
5560	future land use map designation of a parcel or parcels of land,
5561	the required advertisements shall be in the format prescribed by
5562	s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
5563	municipality.
5564	(16)  COMPLIANCE AGREEMENTS.-
5565	(a)  At any time following the issuance of a notice of
5566	intent to find a comprehensive plan or plan amendment not in
5567	compliance with this part or after the initiation of a hearing
5568	pursuant to subsection (9), the state land planning agency and
5569	the local government may voluntarily enter into a compliance
5570	agreement to resolve one or more of the issues raised in the
5571	proceedings. Affected persons who have initiated a formal
5572	proceeding or have intervened in a formal proceeding may also
5573	enter into the compliance agreement. All parties granted
5574	intervenor status shall be provided reasonable notice of the
5575	commencement of a compliance agreement negotiation process and a
5576	reasonable opportunity to participate in such negotiation
5577	process. Negotiation meetings with local governments or
5578	intervenors shall be open to the public. The state land planning
5579	agency shall provide each party granted intervenor status with a
5580	copy of the compliance agreement within 10 days after the
5581	agreement is executed. The compliance agreement shall list each
5582	portion of the plan or plan amendment which is not in
5583	compliance, and shall specify remedial actions which the local
5584	government must complete within a specified time in order to
5585	bring the plan or plan amendment into compliance, including
5586	adoption of all necessary plan amendments. The compliance
5587	agreement may also establish monitoring requirements and
5588	incentives to ensure that the conditions of the compliance
5589	agreement are met.
5590	(b)  Upon filing by the state land planning agency of a
5591	compliance agreement executed by the agency and the local
5592	government with the Division of Administrative Hearings, any
5593	administrative proceeding under ss. 120.569 and 120.57 regarding
5594	the plan or plan amendment covered by the compliance agreement
5595	shall be stayed.
5596	(c)  Prior to its execution of a compliance agreement, the
5597	local government must approve the compliance agreement at a
5598	public hearing advertised at least 10 days before the public
5599	hearing in a newspaper of general circulation in the area in
5600	accordance with the advertisement requirements of subsection
5601	(15).
5602	(d)  A local government may adopt a plan amendment pursuant
5603	to a compliance agreement in accordance with the requirements of
5604	paragraph (15)(a). The plan amendment shall be exempt from the
5605	requirements of subsections (2)-(7). The local government shall
5606	hold a single adoption public hearing pursuant to the
5607	requirements of subparagraph (15)(b)2. and paragraph (15)(e).
5608	Within 10 working days after adoption of a plan amendment, the
5609	local government shall transmit the amendment to the state land
5610	planning agency as specified in the agency's procedural rules,
5611	and shall submit one copy to the regional planning agency and to
5612	any other unit of local government or government agency in the
5613	state that has filed a written request with the governing body
5614	for a copy of the plan amendment, and one copy to any party to
5615	the proceeding under ss. 120.569 and 120.57 granted intervenor
5616	status.
5617	(e)  The state land planning agency, upon receipt of a plan
5618	amendment adopted pursuant to a compliance agreement, shall
5619	issue a cumulative notice of intent addressing both the
5620	compliance agreement amendment and the plan or plan amendment
5621	that was the subject of the agreement, in accordance with
5622	subsection (8).
5623	(f)1.  If the local government adopts a comprehensive plan
5624	amendment pursuant to a compliance agreement and a notice of
5625	intent to find the plan amendment in compliance is issued, the
5626	state land planning agency shall forward the notice of intent to
5627	the Division of Administrative Hearings and the administrative
5628	law judge shall realign the parties in the pending proceeding
5629	under ss. 120.569 and 120.57, which shall thereafter be governed
5630	by the process contained in paragraphs (9)(a) and (b), including
5631	provisions relating to challenges by an affected person, burden
5632	of proof, and issues of a recommended order and a final order,
5633	except as provided in subparagraph 2. Parties to the original
5634	proceeding at the time of realignment may continue as parties
5635	without being required to file additional pleadings to initiate
5636	a proceeding, but may timely amend their pleadings to raise any
5637	challenge to the amendment which is the subject of the
5638	cumulative notice of intent, and must otherwise conform to the
5639	rules of procedure of the Division of Administrative Hearings.
5640	Any affected person not a party to the realigned proceeding may
5641	challenge the plan amendment which is the subject of the
5642	cumulative notice of intent by filing a petition with the agency
5643	as provided in subsection (9). The agency shall forward the
5644	petition filed by the affected person not a party to the
5645	realigned proceeding to the Division of Administrative Hearings
5646	for consolidation with the realigned proceeding.
5647	2.  If any of the issues raised by the state land planning
5648	agency in the original subsection (10) proceeding are not
5649	resolved by the compliance agreement amendments, any intervenor
5650	in the original subsection (10) proceeding may require those
5651	issues to be addressed in the pending consolidated realigned
5652	proceeding under ss. 120.569 and 120.57. As to those unresolved
5653	issues, the burden of proof shall be governed by subsection
5654	(10).
5655	3.  If the local government adopts a comprehensive plan
5656	amendment pursuant to a compliance agreement and a notice of
5657	intent to find the plan amendment not in compliance is issued,
5658	the state land planning agency shall forward the notice of
5659	intent to the Division of Administrative Hearings, which shall
5660	consolidate the proceeding with the pending proceeding and
5661	immediately set a date for hearing in the pending proceeding
5662	under ss. 120.569 and 120.57. Affected persons who are not a
5663	party to the underlying proceeding under ss. 120.569 and 120.57
5664	may challenge the plan amendment adopted pursuant to the
5665	compliance agreement by filing a petition pursuant to subsection
5666	(10).
5667	(g)  If the local government fails to adopt a comprehensive
5668	plan amendment pursuant to a compliance agreement, the state
5669	land planning agency shall notify the Division of Administrative
5670	Hearings, which shall set the hearing in the pending proceeding
5671	under ss. 120.569 and 120.57 at the earliest convenient time.
5672	(h)  This subsection does not prohibit a local government
5673	from amending portions of its comprehensive plan other than
5674	those which are the subject of the compliance agreement.
5675	However, such amendments to the plan may not be inconsistent
5676	with the compliance agreement.
5677	(i)  Nothing in this subsection is intended to limit the
5678	parties from entering into a compliance agreement at any time
5679	before the final order in the proceeding is issued, provided
5680	that the provisions of paragraph (c) shall apply regardless of
5681	when the compliance agreement is reached.
5682	(j)  Nothing in this subsection is intended to force any
5683	party into settlement against its will or to preclude the use of
5684	other informal dispute resolution methods, such as the services
5685	offered by the Florida Growth Management Dispute Resolution
5686	Consortium, in the course of or in addition to the method
5687	described in this subsection.
5688	(17)  COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.-
5689	A local government that has adopted a community vision and urban
5690	service boundary under s. 163.3177(13) and (14) may adopt a plan
5691	amendment related to map amendments solely to property within an
5692	urban service boundary in the manner described in subsections
5693	(1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5694	and e., 2., and 3., such that state and regional agency review
5695	is eliminated. The department may not issue an objections,
5696	recommendations, and comments report on proposed plan amendments
5697	or a notice of intent on adopted plan amendments; however,
5698	affected persons, as defined by paragraph (1)(a), may file a
5699	petition for administrative review pursuant to the requirements
5700	of s. 163.3187(3)(a) to challenge the compliance of an adopted
5701	plan amendment. This subsection does not apply to any amendment
5702	within an area of critical state concern, to any amendment that
5703	increases residential densities allowable in high-hazard coastal
5704	areas as defined in s. 163.3178(2)(h), or to a text change to
5705	the goals, policies, or objectives of the local government's
5706	comprehensive plan. Amendments submitted under this subsection
5707	are exempt from the limitation on the frequency of plan
5708	amendments in s. 163.3187.
5709	(18)  URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.-A
5710	municipality that has a designated urban infill and
5711	redevelopment area under s. 163.2517 may adopt a plan amendment
5712	related to map amendments solely to property within a designated
5713	urban infill and redevelopment area in the manner described in
5714	subsections (1), (2), (7), (14), (15), and (16) and s.
5715	163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5716	regional agency review is eliminated. The department may not
5717	issue an objections, recommendations, and comments report on
5718	proposed plan amendments or a notice of intent on adopted plan
5719	amendments; however, affected persons, as defined by paragraph
5720	(1)(a), may file a petition for administrative review pursuant
5721	to the requirements of s. 163.3187(3)(a) to challenge the
5722	compliance of an adopted plan amendment. This subsection does
5723	not apply to any amendment within an area of critical state
5724	concern, to any amendment that increases residential densities
5725	allowable in high-hazard coastal areas as defined in s.
5726	163.3178(2)(h), or to a text change to the goals, policies, or
5727	objectives of the local government's comprehensive plan.
5728	Amendments submitted under this subsection are exempt from the
5729	limitation on the frequency of plan amendments in s. 163.3187.
5730	(19)  HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.-Any local
5731	government that identifies in its comprehensive plan the types
5732	of housing developments and conditions for which it will
5733	consider plan amendments that are consistent with the local
5734	housing incentive strategies identified in s. 420.9076 and
5735	authorized by the local government may expedite consideration of
5736	such plan amendments. At least 30 days prior to adopting a plan
5737	amendment pursuant to this subsection, the local government
5738	shall notify the state land planning agency of its intent to
5739	adopt such an amendment, and the notice shall include the local
5740	government's evaluation of site suitability and availability of
5741	facilities and services. A plan amendment considered under this
5742	subsection shall require only a single public hearing before the
5743	local governing body, which shall be a plan amendment adoption
5744	hearing as described in subsection (7). The public notice of the
5745	hearing required under subparagraph (15)(b)2. must include a
5746	statement that the local government intends to use the expedited
5747	adoption process authorized under this subsection. The state
5748	land planning agency shall issue its notice of intent required
5749	under subsection (8) within 30 days after determining that the
5750	amendment package is complete. Any further proceedings shall be
5751	governed by subsections (9)-(16).
5752	Section 18.  Section 163.3187, Florida Statutes, is amended
5753	to read:
5754	163.3187  Process for adoption of small-scale comprehensive
5755	plan amendment of adopted comprehensive plan.-
5756	(1)  Amendments to comprehensive plans adopted pursuant to
5757	this part may be made not more than two times during any
5758	calendar year, except:
5759	(a)  In the case of an emergency, comprehensive plan
5760	amendments may be made more often than twice during the calendar
5761	year if the additional plan amendment receives the approval of
5762	all of the members of the governing body. "Emergency" means any
5763	occurrence or threat thereof whether accidental or natural,
5764	caused by humankind, in war or peace, which results or may
5765	result in substantial injury or harm to the population or
5766	substantial damage to or loss of property or public funds.
5767	(b)  Any local government comprehensive plan amendments
5768	directly related to a proposed development of regional impact,
5769	including changes which have been determined to be substantial
5770	deviations and including Florida Quality Developments pursuant
5771	to s. 380.061, may be initiated by a local planning agency and
5772	considered by the local governing body at the same time as the
5773	application for development approval using the procedures
5774	provided for local plan amendment in this section and applicable
5775	local ordinances.
5776	(1)(c)  Any local government comprehensive plan amendments
5777	directly related to proposed small scale development activities
5778	may be approved without regard to statutory limits on the
5779	frequency of consideration of amendments to the local
5780	comprehensive plan. A small scale development amendment may be
5781	adopted only under the following conditions:
5782	(a)1.  The proposed amendment involves a use of 10 acres or
5783	fewer and:
5784	(b)a.  The cumulative annual effect of the acreage for all
5785	small scale development amendments adopted by the local
5786	government does shall not exceed:
5787	(I)  a maximum of 120 acres in a calendar year. local
5788	government that contains areas specifically designated in the
5789	local comprehensive plan for urban infill, urban redevelopment,
5790	or downtown revitalization as defined in s. 163.3164, urban
5791	infill and redevelopment areas designated under s. 163.2517,
5792	transportation concurrency exception areas approved pursuant to
5793	s. 163.3180(5), or regional activity centers and urban central
5794	business districts approved pursuant to s. 380.06(2)(e);
5795	however, amendments under this paragraph may be applied to no
5796	more than 60 acres annually of property outside the designated
5797	areas listed in this sub-sub-subparagraph. Amendments adopted
5798	pursuant to paragraph (k) shall not be counted toward the
5799	acreage limitations for small scale amendments under this
5800	paragraph.
5801	(II)  A maximum of 80 acres in a local government that does
5802	not contain any of the designated areas set forth in sub-sub-
5803	subparagraph (I).
5804	(III)  A maximum of 120 acres in a county established
5805	pursuant to s. 9, Art. VIII of the State Constitution.
5806	b.  The proposed amendment does not involve the same
5807	property granted a change within the prior 12 months.
5808	c.  The proposed amendment does not involve the same
5809	owner's property within 200 feet of property granted a change
5810	within the prior 12 months.
5811	(c)d.  The proposed amendment does not involve a text
5812	change to the goals, policies, and objectives of the local
5813	government's comprehensive plan, but only proposes a land use
5814	change to the future land use map for a site-specific small
5815	scale development activity. However, text changes that relate
5816	directly to, and are adopted simultaneously with, the small
5817	scale future land use map amendment shall be permissible under
5818	this section.
5819	(d)e.  The property that is the subject of the proposed
5820	amendment is not located within an area of critical state
5821	concern, unless the project subject to the proposed amendment
5822	involves the construction of affordable housing units meeting
5823	the criteria of s. 420.0004(3), and is located within an area of
5824	critical state concern designated by s. 380.0552 or by the
5825	Administration Commission pursuant to s. 380.05(1). Such
5826	amendment is not subject to the density limitations of sub-
5827	subparagraph f., and shall be reviewed by the state land
5828	planning agency for consistency with the principles for guiding
5829	development applicable to the area of critical state concern
5830	where the amendment is located and shall not become effective
5831	until a final order is issued under s. 380.05(6).
5832	f.  If the proposed amendment involves a residential land
5833	use, the residential land use has a density of 10 units or less
5834	per acre or the proposed future land use category allows a
5835	maximum residential density of the same or less than the maximum
5836	residential density allowable under the existing future land use
5837	category, except that this limitation does not apply to small
5838	scale amendments involving the construction of affordable
5839	housing units meeting the criteria of s. 420.0004(3) on property
5840	which will be the subject of a land use restriction agreement,
5841	or small scale amendments described in sub-sub-subparagraph
5842	a.(I) that are designated in the local comprehensive plan for
5843	urban infill, urban redevelopment, or downtown revitalization as
5844	defined in s. 163.3164, urban infill and redevelopment areas
5845	designated under s. 163.2517, transportation concurrency
5846	exception areas approved pursuant to s. 163.3180(5), or regional
5847	activity centers and urban central business districts approved
5848	pursuant to s. 380.06(2)(e).
5849	2.a.  A local government that proposes to consider a plan
5850	amendment pursuant to this paragraph is not required to comply
5851	with the procedures and public notice requirements of s.
5852	163.3184(15)(c) for such plan amendments if the local government
5853	complies with the provisions in s. 125.66(4)(a) for a county or
5854	in s. 166.041(3)(c) for a municipality. If a request for a plan
5855	amendment under this paragraph is initiated by other than the
5856	local government, public notice is required.
5857	b.  The local government shall send copies of the notice
5858	and amendment to the state land planning agency, the regional
5859	planning council, and any other person or entity requesting a
5860	copy. This information shall also include a statement
5861	identifying any property subject to the amendment that is
5862	located within a coastal high-hazard area as identified in the
5863	local comprehensive plan.
5864	(2)3.  Small scale development amendments adopted pursuant
5865	to this section paragraph require only one public hearing before
5866	the governing board, which shall be an adoption hearing as
5867	described in s. 163.3184(11)(7), and are not subject to the
5868	requirements of s. 163.3184(3)-(6) unless the local government
5869	elects to have them subject to those requirements.
5870	(3)4.  If the small scale development amendment involves a
5871	site within an area that is designated by the Governor as a
5872	rural area of critical economic concern as defined under s.
5873	288.0656(2)(d)(7) for the duration of such designation, the 10-
5874	acre limit listed in subsection (1) subparagraph 1. shall be
5875	increased by 100 percent to 20 acres. The local government
5876	approving the small scale plan amendment shall certify to the
5877	Office of Tourism, Trade, and Economic Development that the plan
5878	amendment furthers the economic objectives set forth in the
5879	executive order issued under s. 288.0656(7), and the property
5880	subject to the plan amendment shall undergo public review to
5881	ensure that all concurrency requirements and federal, state, and
5882	local environmental permit requirements are met.
5883	(d)  Any comprehensive plan amendment required by a
5884	compliance agreement pursuant to s. 163.3184(16) may be approved
5885	without regard to statutory limits on the frequency of adoption
5886	of amendments to the comprehensive plan.
5887	(e)  A comprehensive plan amendment for location of a state
5888	correctional facility. Such an amendment may be made at any time
5889	and does not count toward the limitation on the frequency of
5890	plan amendments.
5891	(f)  The capital improvements element annual update
5892	required in s. 163.3177(3)(b)1. and any amendments directly
5893	related to the schedule.
5894	(g)  Any local government comprehensive plan amendments
5895	directly related to proposed redevelopment of brownfield areas
5896	designated under s. 376.80 may be approved without regard to
5897	statutory limits on the frequency of consideration of amendments
5898	to the local comprehensive plan.
5899	(h)  Any comprehensive plan amendments for port
5900	transportation facilities and projects that are eligible for
5901	funding by the Florida Seaport Transportation and Economic
5902	Development Council pursuant to s. 311.07.
5903	(i)  A comprehensive plan amendment for the purpose of
5904	designating an urban infill and redevelopment area under s.
5905	163.2517 may be approved without regard to the statutory limits
5906	on the frequency of amendments to the comprehensive plan.
5907	(j)  Any comprehensive plan amendment to establish public
5908	school concurrency pursuant to s. 163.3180(13), including, but
5909	not limited to, adoption of a public school facilities element
5910	and adoption of amendments to the capital improvements element
5911	and intergovernmental coordination element. In order to ensure
5912	the consistency of local government public school facilities
5913	elements within a county, such elements shall be prepared and
5914	adopted on a similar time schedule.
5915	(k)  A local comprehensive plan amendment directly related
5916	to providing transportation improvements to enhance life safety
5917	on Controlled Access Major Arterial Highways identified in the
5918	Florida Intrastate Highway System, in counties as defined in s.
5919	125.011, where such roadways have a high incidence of traffic
5920	accidents resulting in serious injury or death. Any such
5921	amendment shall not include any amendment modifying the
5922	designation on a comprehensive development plan land use map nor
5923	any amendment modifying the allowable densities or intensities
5924	of any land.
5925	(l)  A comprehensive plan amendment to adopt a public
5926	educational facilities element pursuant to s. 163.3177(12) and
5927	future land-use-map amendments for school siting may be approved
5928	notwithstanding statutory limits on the frequency of adopting
5929	plan amendments.
5930	(m)  A comprehensive plan amendment that addresses criteria
5931	or compatibility of land uses adjacent to or in close proximity
5932	to military installations in a local government's future land
5933	use element does not count toward the limitation on the
5934	frequency of the plan amendments.
5935	(n)  Any local government comprehensive plan amendment
5936	establishing or implementing a rural land stewardship area
5937	pursuant to the provisions of s. 163.3177(11)(d).
5938	(o)  A comprehensive plan amendment that is submitted by an
5939	area designated by the Governor as a rural area of critical
5940	economic concern under s. 288.0656(7) and that meets the
5941	economic development objectives may be approved without regard
5942	to the statutory limits on the frequency of adoption of
5943	amendments to the comprehensive plan.
5944	(p)  Any local government comprehensive plan amendment that
5945	is consistent with the local housing incentive strategies
5946	identified in s. 420.9076 and authorized by the local
5947	government.
5948	(q)  Any local government plan amendment to designate an
5949	urban service area as a transportation concurrency exception
5950	area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
5951	development-of-regional-impact process under s. 380.06(29).
5952	(4)(2)  Comprehensive plans may only be amended in such a
5953	way as to preserve the internal consistency of the plan pursuant
5954	to s. 163.3177(2). Corrections, updates, or modifications of
5955	current costs which were set out as part of the comprehensive
5956	plan shall not, for the purposes of this act, be deemed to be
5957	amendments.
5958	(3)(a)  The state land planning agency shall not review or
5959	issue a notice of intent for small scale development amendments
5960	which satisfy the requirements of paragraph (1)(c).
5961	(5)(a)  Any affected person may file a petition with the
5962	Division of Administrative Hearings pursuant to ss. 120.569 and
5963	120.57 to request a hearing to challenge the compliance of a
5964	small scale development amendment with this act within 30 days
5965	following the local government's adoption of the amendment and,
5966	shall serve a copy of the petition on the local government, and
5967	shall furnish a copy to the state land planning agency. An
5968	administrative law judge shall hold a hearing in the affected
5969	jurisdiction not less than 30 days nor more than 60 days
5970	following the filing of a petition and the assignment of an
5971	administrative law judge. The parties to a hearing held pursuant
5972	to this subsection shall be the petitioner, the local
5973	government, and any intervenor. In the proceeding, the plan
5974	amendment shall be determined to be in compliance if the local
5975	government's determination that the small scale development
5976	amendment is in compliance is fairly debatable presumed to be
5977	correct. The local government's determination shall be sustained
5978	unless it is shown by a preponderance of the evidence that the
5979	amendment is not in compliance with the requirements of this
5980	act. In any proceeding initiated pursuant to this subsection,
5981	The state land planning agency may not intervene in any
5982	proceeding initiated pursuant to this section.
5983	(b)1.  If the administrative law judge recommends that the
5984	small scale development amendment be found not in compliance,
5985	the administrative law judge shall submit the recommended order
5986	to the Administration Commission for final agency action. If the
5987	administrative law judge recommends that the small scale
5988	development amendment be found in compliance, the administrative
5989	law judge shall submit the recommended order to the state land
5990	planning agency.
5991	2.  If the state land planning agency determines that the
5992	plan amendment is not in compliance, the agency shall submit,
5993	within 30 days following its receipt, the recommended order to
5994	the Administration Commission for final agency action. If the
5995	state land planning agency determines that the plan amendment is
5996	in compliance, the agency shall enter a final order within 30
5997	days following its receipt of the recommended order.
5998	(c)  Small scale development amendments may shall not
5999	become effective until 31 days after adoption. If challenged
6000	within 30 days after adoption, small scale development
6001	amendments may shall not become effective until the state land
6002	planning agency or the Administration Commission, respectively,
6003	issues a final order determining that the adopted small scale
6004	development amendment is in compliance.
6005	(d)  In all challenges under this subsection, when a
6006	determination of compliance as defined in s. 163.3184(1)(b) is
6007	made, consideration shall be given to the plan amendment as a
6008	whole and whether the plan amendment furthers the intent of this
6009	part.
6010	(4)  Each governing body shall transmit to the state land
6011	planning agency a current copy of its comprehensive plan not
6012	later than December 1, 1985. Each governing body shall also
6013	transmit copies of any amendments it adopts to its comprehensive
6014	plan so as to continually update the plans on file with the
6015	state land planning agency.
6016	(5)  Nothing in this part is intended to prohibit or limit
6017	the authority of local governments to require that a person
6018	requesting an amendment pay some or all of the cost of public
6019	notice.
6020	(6)(a)  No local government may amend its comprehensive
6021	plan after the date established by the state land planning
6022	agency for adoption of its evaluation and appraisal report
6023	unless it has submitted its report or addendum to the state land
6024	planning agency as prescribed by s. 163.3191, except for plan
6025	amendments described in paragraph (1)(b) or paragraph (1)(h).
6026	(b)  A local government may amend its comprehensive plan
6027	after it has submitted its adopted evaluation and appraisal
6028	report and for a period of 1 year after the initial
6029	determination of sufficiency regardless of whether the report
6030	has been determined to be insufficient.
6031	(c)  A local government may not amend its comprehensive
6032	plan, except for plan amendments described in paragraph (1)(b),
6033	if the 1-year period after the initial sufficiency determination
6034	of the report has expired and the report has not been determined
6035	to be sufficient.
6036	(d)  When the state land planning agency has determined
6037	that the report has sufficiently addressed all pertinent
6038	provisions of s. 163.3191, the local government may amend its
6039	comprehensive plan without the limitations imposed by paragraph
6040	(a) or paragraph (c).
6041	(e)  Any plan amendment which a local government attempts
6042	to adopt in violation of paragraph (a) or paragraph (c) is
6043	invalid, but such invalidity may be overcome if the local
6044	government readopts the amendment and transmits the amendment to
6045	the state land planning agency pursuant to s. 163.3184(7) after
6046	the report is determined to be sufficient.
6047	Section 19.  Section 163.3189, Florida Statutes, is
6048	repealed.
6049	Section 20.  Section 163.3191, Florida Statutes, is amended
6050	to read:
6051	163.3191  Evaluation and appraisal of comprehensive plan.-
6052	(1)  At least once every 7 years, each local government
6053	shall evaluate its comprehensive plan to determine if plan
6054	amendments are necessary to reflect changes in state
6055	requirements in this part since the last update of the
6056	comprehensive plan, and notify the state land planning agency as
6057	to its determination.
6058	(2)  If the local government determines amendments to its
6059	comprehensive plan are necessary to reflect changes in state
6060	requirements, the local government shall prepare and transmit
6061	within 1 year such plan amendment or amendments for review
6062	pursuant to s. 163.3184.
6063	(3)  Local governments are encouraged to comprehensively
6064	evaluate and, as necessary, update comprehensive plans to
6065	reflect changes in local conditions. Plan amendments transmitted
6066	pursuant to this section shall be reviewed in accordance with s.
6067	163.3184.
6068	(4)  If a local government fails to submit its letter
6069	prescribed by subsection (1) or update its plan pursuant to
6070	subsection (2), it may not amend its comprehensive plan until
6071	such time as it complies with this section.
6072	(1)  The planning program shall be a continuous and ongoing
6073	process. Each local government shall adopt an evaluation and
6074	appraisal report once every 7 years assessing the progress in
6075	implementing the local government's comprehensive plan.
6076	Furthermore, it is the intent of this section that:
6077	(a)  Adopted comprehensive plans be reviewed through such
6078	evaluation process to respond to changes in state, regional, and
6079	local policies on planning and growth management and changing
6080	conditions and trends, to ensure effective intergovernmental
6081	coordination, and to identify major issues regarding the
6082	community's achievement of its goals.
6083	(b)  After completion of the initial evaluation and
6084	appraisal report and any supporting plan amendments, each
6085	subsequent evaluation and appraisal report must evaluate the
6086	comprehensive plan in effect at the time of the initiation of
6087	the evaluation and appraisal report process.
6088	(c)  Local governments identify the major issues, if
6089	applicable, with input from state agencies, regional agencies,
6090	adjacent local governments, and the public in the evaluation and
6091	appraisal report process. It is also the intent of this section
6092	to establish minimum requirements for information to ensure
6093	predictability, certainty, and integrity in the growth
6094	management process. The report is intended to serve as a summary
6095	audit of the actions that a local government has undertaken and
6096	identify changes that it may need to make. The report should be
6097	based on the local government's analysis of major issues to
6098	further the community's goals consistent with statewide minimum
6099	standards. The report is not intended to require a comprehensive
6100	rewrite of the elements within the local plan, unless a local
6101	government chooses to do so.
6102	(2)  The report shall present an evaluation and assessment
6103	of the comprehensive plan and shall contain appropriate
6104	statements to update the comprehensive plan, including, but not
6105	limited to, words, maps, illustrations, or other media, related
6106	to:
6107	(a)  Population growth and changes in land area, including
6108	annexation, since the adoption of the original plan or the most
6109	recent update amendments.
6110	(b)  The extent of vacant and developable land.
6111	(c)  The financial feasibility of implementing the
6112	comprehensive plan and of providing needed infrastructure to
6113	achieve and maintain adopted level-of-service standards and
6114	sustain concurrency management systems through the capital
6115	improvements element, as well as the ability to address
6116	infrastructure backlogs and meet the demands of growth on public
6117	services and facilities.
6118	(d)  The location of existing development in relation to
6119	the location of development as anticipated in the original plan,
6120	or in the plan as amended by the most recent evaluation and
6121	appraisal report update amendments, such as within areas
6122	designated for urban growth.
6123	(e)  An identification of the major issues for the
6124	jurisdiction and, where pertinent, the potential social,
6125	economic, and environmental impacts.
6126	(f)  Relevant changes to the state comprehensive plan, the
6127	requirements of this part, the minimum criteria contained in
6128	chapter 9J-5, Florida Administrative Code, and the appropriate
6129	strategic regional policy plan since the adoption of the
6130	original plan or the most recent evaluation and appraisal report
6131	update amendments.
6132	(g)  An assessment of whether the plan objectives within
6133	each element, as they relate to major issues, have been
6134	achieved. The report shall include, as appropriate, an
6135	identification as to whether unforeseen or unanticipated changes
6136	in circumstances have resulted in problems or opportunities with
6137	respect to major issues identified in each element and the
6138	social, economic, and environmental impacts of the issue.
6139	(h)  A brief assessment of successes and shortcomings
6140	related to each element of the plan.
6141	(i)  The identification of any actions or corrective
6142	measures, including whether plan amendments are anticipated to
6143	address the major issues identified and analyzed in the report.
6144	Such identification shall include, as appropriate, new
6145	population projections, new revised planning timeframes, a
6146	revised future conditions map or map series, an updated capital
6147	improvements element, and any new and revised goals, objectives,
6148	and policies for major issues identified within each element.
6149	This paragraph shall not require the submittal of the plan
6150	amendments with the evaluation and appraisal report.
6151	(j)  A summary of the public participation program and
6152	activities undertaken by the local government in preparing the
6153	report.
6154	(k)  The coordination of the comprehensive plan with
6155	existing public schools and those identified in the applicable
6156	educational facilities plan adopted pursuant to s. 1013.35. The
6157	assessment shall address, where relevant, the success or failure
6158	of the coordination of the future land use map and associated
6159	planned residential development with public schools and their
6160	capacities, as well as the joint decisionmaking processes
6161	engaged in by the local government and the school board in
6162	regard to establishing appropriate population projections and
6163	the planning and siting of public school facilities. For those
6164	counties or municipalities that do not have a public schools
6165	interlocal agreement or public school facilities element, the
6166	assessment shall determine whether the local government
6167	continues to meet the criteria of s. 163.3177(12). If the county
6168	or municipality determines that it no longer meets the criteria,
6169	it must adopt appropriate school concurrency goals, objectives,
6170	and policies in its plan amendments pursuant to the requirements
6171	of the public school facilities element, and enter into the
6172	existing interlocal agreement required by ss. 163.3177(6)(h)2.
6173	and 163.31777 in order to fully participate in the school
6174	concurrency system.
6175	(l)  The extent to which the local government has been
6176	successful in identifying alternative water supply projects and
6177	traditional water supply projects, including conservation and
6178	reuse, necessary to meet the water needs identified in s.
6179	373.709(2)(a) within the local government's jurisdiction. The
6180	report must evaluate the degree to which the local government
6181	has implemented the work plan for building public, private, and
6182	regional water supply facilities, including development of
6183	alternative water supplies, identified in the element as
6184	necessary to serve existing and new development.
6185	(m)  If any of the jurisdiction of the local government is
6186	located within the coastal high-hazard area, an evaluation of
6187	whether any past reduction in land use density impairs the
6188	property rights of current residents when redevelopment occurs,
6189	including, but not limited to, redevelopment following a natural
6190	disaster. The property rights of current residents shall be
6191	balanced with public safety considerations. The local government
6192	must identify strategies to address redevelopment feasibility
6193	and the property rights of affected residents. These strategies
6194	may include the authorization of redevelopment up to the actual
6195	built density in existence on the property prior to the natural
6196	disaster or redevelopment.
6197	(n)  An assessment of whether the criteria adopted pursuant
6198	to s. 163.3177(6)(a) were successful in achieving compatibility
6199	with military installations.
6200	(o)  The extent to which a concurrency exception area
6201	designated pursuant to s. 163.3180(5), a concurrency management
6202	area designated pursuant to s. 163.3180(7), or a multimodal
6203	transportation district designated pursuant to s. 163.3180(15)
6204	has achieved the purpose for which it was created and otherwise
6205	complies with the provisions of s. 163.3180.
6206	(p)  An assessment of the extent to which changes are
6207	needed to develop a common methodology for measuring impacts on
6208	transportation facilities for the purpose of implementing its
6209	concurrency management system in coordination with the
6210	municipalities and counties, as appropriate pursuant to s.
6211	163.3180(10).
6212	(3)  Voluntary scoping meetings may be conducted by each
6213	local government or several local governments within the same
6214	county that agree to meet together. Joint meetings among all
6215	local governments in a county are encouraged. All scoping
6216	meetings shall be completed at least 1 year prior to the
6217	established adoption date of the report. The purpose of the
6218	meetings shall be to distribute data and resources available to
6219	assist in the preparation of the report, to provide input on
6220	major issues in each community that should be addressed in the
6221	report, and to advise on the extent of the effort for the
6222	components of subsection (2). If scoping meetings are held, the
6223	local government shall invite each state and regional reviewing
6224	agency, as well as adjacent and other affected local
6225	governments. A preliminary list of new data and major issues
6226	that have emerged since the adoption of the original plan, or
6227	the most recent evaluation and appraisal report-based update
6228	amendments, should be developed by state and regional entities
6229	and involved local governments for distribution at the scoping
6230	meeting. For purposes of this subsection, a "scoping meeting" is
6231	a meeting conducted to determine the scope of review of the
6232	evaluation and appraisal report by parties to which the report
6233	relates.
6234	(4)  The local planning agency shall prepare the evaluation
6235	and appraisal report and shall make recommendations to the
6236	governing body regarding adoption of the proposed report. The
6237	local planning agency shall prepare the report in conformity
6238	with its public participation procedures adopted as required by
6239	s. 163.3181. During the preparation of the proposed report and
6240	prior to making any recommendation to the governing body, the
6241	local planning agency shall hold at least one public hearing,
6242	with public notice, on the proposed report. At a minimum, the
6243	format and content of the proposed report shall include a table
6244	of contents; numbered pages; element headings; section headings
6245	within elements; a list of included tables, maps, and figures; a
6246	title and sources for all included tables; a preparation date;
6247	and the name of the preparer. Where applicable, maps shall
6248	include major natural and artificial geographic features; city,
6249	county, and state lines; and a legend indicating a north arrow,
6250	map scale, and the date.
6251	(5)  Ninety days prior to the scheduled adoption date, the
6252	local government may provide a proposed evaluation and appraisal
6253	report to the state land planning agency and distribute copies
6254	to state and regional commenting agencies as prescribed by rule,
6255	adjacent jurisdictions, and interested citizens for review. All
6256	review comments, including comments by the state land planning
6257	agency, shall be transmitted to the local government and state
6258	land planning agency within 30 days after receipt of the
6259	proposed report.
6260	(6)  The governing body, after considering the review
6261	comments and recommended changes, if any, shall adopt the
6262	evaluation and appraisal report by resolution or ordinance at a
6263	public hearing with public notice. The governing body shall
6264	adopt the report in conformity with its public participation
6265	procedures adopted as required by s. 163.3181. The local
6266	government shall submit to the state land planning agency three
6267	copies of the report, a transmittal letter indicating the dates
6268	of public hearings, and a copy of the adoption resolution or
6269	ordinance. The local government shall provide a copy of the
6270	report to the reviewing agencies which provided comments for the
6271	proposed report, or to all the reviewing agencies if a proposed
6272	report was not provided pursuant to subsection (5), including
6273	the adjacent local governments. Within 60 days after receipt,
6274	the state land planning agency shall review the adopted report
6275	and make a preliminary sufficiency determination that shall be
6276	forwarded by the agency to the local government for its
6277	consideration. The state land planning agency shall issue a
6278	final sufficiency determination within 90 days after receipt of
6279	the adopted evaluation and appraisal report.
6280	(7)  The intent of the evaluation and appraisal process is
6281	the preparation of a plan update that clearly and concisely
6282	achieves the purpose of this section. Toward this end, the
6283	sufficiency review of the state land planning agency shall
6284	concentrate on whether the evaluation and appraisal report
6285	sufficiently fulfills the components of subsection (2). If the
6286	state land planning agency determines that the report is
6287	insufficient, the governing body shall adopt a revision of the
6288	report and submit the revised report for review pursuant to
6289	subsection (6).
6290	(8)  The state land planning agency may delegate the review
6291	of evaluation and appraisal reports, including all state land
6292	planning agency duties under subsections (4)-(7), to the
6293	appropriate regional planning council. When the review has been
6294	delegated to a regional planning council, any local government
6295	in the region may elect to have its report reviewed by the
6296	regional planning council rather than the state land planning
6297	agency. The state land planning agency shall by agreement
6298	provide for uniform and adequate review of reports and shall
6299	retain oversight for any delegation of review to a regional
6300	planning council.
6301	(9)  The state land planning agency may establish a phased
6302	schedule for adoption of reports. The schedule shall provide
6303	each local government at least 7 years from plan adoption or
6304	last established adoption date for a report and shall allot
6305	approximately one-seventh of the reports to any 1 year. In order
6306	to allow the municipalities to use data and analyses gathered by
6307	the counties, the state land planning agency shall schedule
6308	municipal report adoption dates between 1 year and 18 months
6309	later than the report adoption date for the county in which
6310	those municipalities are located. A local government may adopt
6311	its report no earlier than 90 days prior to the established
6312	adoption date. Small municipalities which were scheduled by
6313	chapter 9J-33, Florida Administrative Code, to adopt their
6314	evaluation and appraisal report after February 2, 1999, shall be
6315	rescheduled to adopt their report together with the other
6316	municipalities in their county as provided in this subsection.
6317	(10)  The governing body shall amend its comprehensive plan
6318	based on the recommendations in the report and shall update the
6319	comprehensive plan based on the components of subsection (2),
6320	pursuant to the provisions of ss. 163.3184, 163.3187, and
6321	163.3189. Amendments to update a comprehensive plan based on the
6322	evaluation and appraisal report shall be adopted during a single
6323	amendment cycle within 18 months after the report is determined
6324	to be sufficient by the state land planning agency, except the
6325	state land planning agency may grant an extension for adoption
6326	of a portion of such amendments. The state land planning agency
6327	may grant a 6-month extension for the adoption of such
6328	amendments if the request is justified by good and sufficient
6329	cause as determined by the agency. An additional extension may
6330	also be granted if the request will result in greater
6331	coordination between transportation and land use, for the
6332	purposes of improving Florida's transportation system, as
6333	determined by the agency in coordination with the Metropolitan
6334	Planning Organization program. Beginning July 1, 2006, failure
6335	to timely adopt and transmit update amendments to the
6336	comprehensive plan based on the evaluation and appraisal report
6337	shall result in a local government being prohibited from
6338	adopting amendments to the comprehensive plan until the
6339	evaluation and appraisal report update amendments have been
6340	adopted and transmitted to the state land planning agency. The
6341	prohibition on plan amendments shall commence when the update
6342	amendments to the comprehensive plan are past due. The
6343	comprehensive plan as amended shall be in compliance as defined
6344	in s. 163.3184(1)(b). Within 6 months after the effective date
6345	of the update amendments to the comprehensive plan, the local
6346	government shall provide to the state land planning agency and
6347	to all agencies designated by rule a complete copy of the
6348	updated comprehensive plan.
6349	(11)  The Administration Commission may impose the
6350	sanctions provided by s. 163.3184(11) against any local
6351	government that fails to adopt and submit a report, or that
6352	fails to implement its report through timely and sufficient
6353	amendments to its local plan, except for reasons of excusable
6354	delay or valid planning reasons agreed to by the state land
6355	planning agency or found present by the Administration
6356	Commission. Sanctions for untimely or insufficient plan
6357	amendments shall be prospective only and shall begin after a
6358	final order has been issued by the Administration Commission and
6359	a reasonable period of time has been allowed for the local
6360	government to comply with an adverse determination by the
6361	Administration Commission through adoption of plan amendments
6362	that are in compliance. The state land planning agency may
6363	initiate, and an affected person may intervene in, such a
6364	proceeding by filing a petition with the Division of
6365	Administrative Hearings, which shall appoint an administrative
6366	law judge and conduct a hearing pursuant to ss. 120.569 and
6367	120.57(1) and shall submit a recommended order to the
6368	Administration Commission. The affected local government shall
6369	be a party to any such proceeding. The commission may implement
6370	this subsection by rule.
6371	(5)(12)  The state land planning agency may shall not adopt
6372	rules to implement this section, other than procedural rules or
6373	a schedule indicating when local governments must comply with
6374	the requirements of this section.
6375	(13)  The state land planning agency shall regularly review
6376	the evaluation and appraisal report process and submit a report
6377	to the Governor, the Administration Commission, the Speaker of
6378	the House of Representatives, the President of the Senate, and
6379	the respective community affairs committees of the Senate and
6380	the House of Representatives. The first report shall be
6381	submitted by December 31, 2004, and subsequent reports shall be
6382	submitted every 5 years thereafter. At least 9 months before the
6383	due date of each report, the Secretary of Community Affairs
6384	shall appoint a technical committee of at least 15 members to
6385	assist in the preparation of the report. The membership of the
6386	technical committee shall consist of representatives of local
6387	governments, regional planning councils, the private sector, and
6388	environmental organizations. The report shall assess the
6389	effectiveness of the evaluation and appraisal report process.
6390	(14)  The requirement of subsection (10) prohibiting a
6391	local government from adopting amendments to the local
6392	comprehensive plan until the evaluation and appraisal report
6393	update amendments have been adopted and transmitted to the state
6394	land planning agency does not apply to a plan amendment proposed
6395	for adoption by the appropriate local government as defined in
6396	s. 163.3178(2)(k) in order to integrate a port comprehensive
6397	master plan with the coastal management element of the local
6398	comprehensive plan as required by s. 163.3178(2)(k) if the port
6399	comprehensive master plan or the proposed plan amendment does
6400	not cause or contribute to the failure of the local government
6401	to comply with the requirements of the evaluation and appraisal
6402	report.
6403	Section 21.  Paragraph (b) of subsection (2) of section
6404	163.3217, Florida Statutes, is amended to read:
6405	163.3217  Municipal overlay for municipal incorporation.-
6406	(2)  PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
6407	OVERLAY.-
6408	(b)1.  A municipal overlay shall be adopted as an amendment
6409	to the local government comprehensive plan as prescribed by s.
6410	163.3184.
6411	2.  A county may consider the adoption of a municipal
6412	overlay without regard to the provisions of s. 163.3187(1)
6413	regarding the frequency of adoption of amendments to the local
6414	comprehensive plan.
6415	Section 22.  Subsection (3) of section 163.3220, Florida
6416	Statutes, is amended to read:
6417	163.3220  Short title; legislative intent.-
6418	(3)  In conformity with, in furtherance of, and to
6419	implement the Community Local Government Comprehensive Planning
6420	and Land Development Regulation Act and the Florida State
6421	Comprehensive Planning Act of 1972, it is the intent of the
6422	Legislature to encourage a stronger commitment to comprehensive
6423	and capital facilities planning, ensure the provision of
6424	adequate public facilities for development, encourage the
6425	efficient use of resources, and reduce the economic cost of
6426	development.
6427	Section 23.  Subsections (2) and (11) of section 163.3221,
6428	Florida Statutes, are amended to read:
6429	163.3221  Florida Local Government Development Agreement
6430	Act; definitions.-As used in ss. 163.3220-163.3243:
6431	(2)  "Comprehensive plan" means a plan adopted pursuant to
6432	the Community "Local Government Comprehensive Planning and Land
6433	Development Regulation Act."
6434	(11)  "Local planning agency" means the agency designated
6435	to prepare a comprehensive plan or plan amendment pursuant to
6436	the Community "Florida Local Government Comprehensive Planning
6437	and Land Development Regulation Act."
6438	Section 24.  Section 163.3229, Florida Statutes, is amended
6439	to read:
6440	163.3229  Duration of a development agreement and
6441	relationship to local comprehensive plan.-The duration of a
6442	development agreement may shall not exceed 30 20 years, unless
6443	it is. It may be extended by mutual consent of the governing
6444	body and the developer, subject to a public hearing in
6445	accordance with s. 163.3225. No development agreement shall be
6446	effective or be implemented by a local government unless the
6447	local government's comprehensive plan and plan amendments
6448	implementing or related to the agreement are found in compliance
6449	by the state land planning agency in accordance with s.
6450	163.3184, s. 163.3187, or s. 163.3189.
6451	Section 25.  Section 163.3235, Florida Statutes, is amended
6452	to read:
6453	163.3235  Periodic review of a development agreement.-A
6454	local government shall review land subject to a development
6455	agreement at least once every 12 months to determine if there
6456	has been demonstrated good faith compliance with the terms of
6457	the development agreement. For each annual review conducted
6458	during years 6 through 10 of a development agreement, the review
6459	shall be incorporated into a written report which shall be
6460	submitted to the parties to the agreement and the state land
6461	planning agency. The state land planning agency shall adopt
6462	rules regarding the contents of the report, provided that the
6463	report shall be limited to the information sufficient to
6464	determine the extent to which the parties are proceeding in good
6465	faith to comply with the terms of the development agreement. If
6466	the local government finds, on the basis of substantial
6467	competent evidence, that there has been a failure to comply with
6468	the terms of the development agreement, the agreement may be
6469	revoked or modified by the local government.
6470	Section 26.  Section 163.3239, Florida Statutes, is amended
6471	to read:
6472	163.3239  Recording and effectiveness of a development
6473	agreement.-Within 14 days after a local government enters into a
6474	development agreement, the local government shall record the
6475	agreement with the clerk of the circuit court in the county
6476	where the local government is located. A copy of the recorded
6477	development agreement shall be submitted to the state land
6478	planning agency within 14 days after the agreement is recorded.
6479	A development agreement is shall not be effective until it is
6480	properly recorded in the public records of the county and until
6481	30 days after having been received by the state land planning
6482	agency pursuant to this section. The burdens of the development
6483	agreement shall be binding upon, and the benefits of the
6484	agreement shall inure to, all successors in interest to the
6485	parties to the agreement.
6486	Section 27.  Section 163.3243, Florida Statutes, is amended
6487	to read:
6488	163.3243  Enforcement.-Any party or, any aggrieved or
6489	adversely affected person as defined in s. 163.3215(2), or the
6490	state land planning agency may file an action for injunctive
6491	relief in the circuit court where the local government is
6492	located to enforce the terms of a development agreement or to
6493	challenge compliance of the agreement with the provisions of ss.
6494	163.3220-163.3243.
6495	Section 28.  Section 163.3245, Florida Statutes, is amended
6496	to read:
6497	163.3245  Optional Sector plans.-
6498	(1)  In recognition of the benefits of conceptual long-
6499	range planning for the buildout of an area, and detailed
6500	planning for specific areas, as a demonstration project, the
6501	requirements of s. 380.06 may be addressed as identified by this
6502	section for up to five local governments or combinations of
6503	local governments may which adopt into their the comprehensive
6504	plans a plan an optional sector plan in accordance with this
6505	section. This section is intended to promote and encourage long-
6506	term planning for conservation, development, and agriculture on
6507	a landscape scale; to further the intent of s. 163.3177(11),
6508	which supports innovative and flexible planning and development
6509	strategies, and the purposes of this part, and part I of chapter
6510	380; to facilitate protection of regionally significant
6511	resources, including, but not limited to, regionally significant
6512	water courses and wildlife corridors;, and to avoid duplication
6513	of effort in terms of the level of data and analysis required
6514	for a development of regional impact, while ensuring the
6515	adequate mitigation of impacts to applicable regional resources
6516	and facilities, including those within the jurisdiction of other
6517	local governments, as would otherwise be provided. Optional
6518	Sector plans are intended for substantial geographic areas that
6519	include including at least 15,000 5,000 acres of one or more
6520	local governmental jurisdictions and are to emphasize urban form
6521	and protection of regionally significant resources and public
6522	facilities. A The state land planning agency may approve
6523	optional sector plans of less than 5,000 acres based on local
6524	circumstances if it is determined that the plan would further
6525	the purposes of this part and part I of chapter 380. Preparation
6526	of an optional sector plan is authorized by agreement between
6527	the state land planning agency and the applicable local
6528	governments under s. 163.3171(4). An optional sector plan may be
6529	adopted through one or more comprehensive plan amendments under
6530	s. 163.3184. However, an optional sector plan may not be adopted
6531	authorized in an area of critical state concern.
6532	(2)  Upon the request of a local government having
6533	jurisdiction, The state land planning agency may enter into an
6534	agreement to authorize preparation of an optional sector plan
6535	upon the request of one or more local governments based on
6536	consideration of problems and opportunities presented by
6537	existing development trends; the effectiveness of current
6538	comprehensive plan provisions; the potential to further the
6539	state comprehensive plan, applicable strategic regional policy
6540	plans, this part, and part I of chapter 380; and those factors
6541	identified by s. 163.3177(10)(i). the applicable regional
6542	planning council shall conduct a scoping meeting with affected
6543	local governments and those agencies identified in s.
6544	163.3184(1)(c)(4) before preparation of the sector plan
6545	execution of the agreement authorized by this section. The
6546	purpose of this meeting is to assist the state land planning
6547	agency and the local government in the identification of the
6548	relevant planning issues to be addressed and the data and
6549	resources available to assist in the preparation of the sector
6550	plan subsequent plan amendments. If a scoping meeting is
6551	conducted, the regional planning council shall make written
6552	recommendations to the state land planning agency and affected
6553	local governments on the issues requested by the local
6554	government. The scoping meeting shall be noticed and open to the
6555	public. If the entire planning area proposed for the sector plan
6556	is within the jurisdiction of two or more local governments,
6557	some or all of them may enter into a joint planning agreement
6558	pursuant to s. 163.3171 with respect to, including whether a
6559	sustainable sector plan would be appropriate. The agreement must
6560	define the geographic area to be subject to the sector plan, the
6561	planning issues that will be emphasized, procedures requirements
6562	for intergovernmental coordination to address
6563	extrajurisdictional impacts, supporting application materials
6564	including data and analysis, and procedures for public
6565	participation, or other issues. An agreement may address
6566	previously adopted sector plans that are consistent with the
6567	standards in this section. Before executing an agreement under
6568	this subsection, the local government shall hold a duly noticed
6569	public workshop to review and explain to the public the optional
6570	sector planning process and the terms and conditions of the
6571	proposed agreement. The local government shall hold a duly
6572	noticed public hearing to execute the agreement. All meetings
6573	between the department and the local government must be open to
6574	the public.
6575	(3)  Optional Sector planning encompasses two levels:
6576	adoption pursuant to under s. 163.3184 of a conceptual long-term
6577	master plan for the entire planning area as part of the
6578	comprehensive plan, and adoption by local development order of
6579	two or more buildout overlay to the comprehensive plan, having
6580	no immediate effect on the issuance of development orders or the
6581	applicability of s. 380.06, and adoption under s. 163.3184 of
6582	detailed specific area plans that implement the conceptual long-
6583	term master plan buildout overlay and authorize issuance of
6584	development orders, and within which s. 380.06 is waived. Until
6585	such time as a detailed specific area plan is adopted, the
6586	underlying future land use designations apply.
6587	(a)  In addition to the other requirements of this chapter,
6588	a long-term master plan pursuant to this section conceptual
6589	long-term buildout overlay must include maps, illustrations, and
6590	text supported by data and analysis to address the following:
6591	1.  A long-range conceptual framework map that, at a
6592	minimum, generally depicts identifies anticipated areas of
6593	urban, agricultural, rural, and conservation land use,
6594	identifies allowed uses in various parts of the planning area,
6595	specifies maximum and minimum densities and intensities of use,
6596	and provides the general framework for the development pattern
6597	in developed areas with graphic illustrations based on a
6598	hierarchy of places and functional place-making components.
6599	2.  A general identification of the water supplies needed
6600	and available sources of water, including water resource
6601	development and water supply development projects, and water
6602	conservation measures needed to meet the projected demand of the
6603	future land uses in the long-term master plan.
6604	3.  A general identification of the transportation
6605	facilities to serve the future land uses in the long-term master
6606	plan, including guidelines to be used to establish each modal
6607	component intended to optimize mobility.
6608	4.2.  A general identification of other regionally
6609	significant public facilities consistent with chapter 9J-2,
6610	Florida Administrative Code, irrespective of local governmental
6611	jurisdiction necessary to support buildout of the anticipated
6612	future land uses, which may include central utilities provided
6613	onsite within the planning area, and policies setting forth the
6614	procedures to be used to mitigate the impacts of future land
6615	uses on public facilities.
6616	5.3.  A general identification of regionally significant
6617	natural resources within the planning area based on the best
6618	available data and policies setting forth the procedures for
6619	protection or conservation of specific resources consistent with
6620	the overall conservation and development strategy for the
6621	planning area consistent with chapter 9J-2, Florida
6622	Administrative Code.
6623	6.4.  General principles and guidelines addressing that
6624	address the urban form and the interrelationships of anticipated
6625	future land uses; the protection and, as appropriate,
6626	restoration and management of lands identified for permanent
6627	preservation through recordation of conservation easements
6628	consistent with s. 704.06, which shall be phased or staged in
6629	coordination with detailed specific area plans to reflect phased
6630	or staged development within the planning area; and a
6631	discussion, at the applicant's option, of the extent, if any, to
6632	which the plan will address restoring key ecosystems, achieving
6633	a more clean, healthy environment;, limiting urban sprawl;
6634	providing a range of housing types;, protecting wildlife and
6635	natural areas;, advancing the efficient use of land and other
6636	resources;, and creating quality communities of a design that
6637	promotes travel by multiple transportation modes; and enhancing
6638	the prospects for the creation of jobs.
6639	7.5.  Identification of general procedures and policies to
6640	facilitate ensure intergovernmental coordination to address
6641	extrajurisdictional impacts from the future land uses long-range
6642	conceptual framework map.
6643
6644	A long-term master plan adopted pursuant to this section may be
6645	based upon a planning period longer than the generally
6646	applicable planning period of the local comprehensive plan,
6647	shall specify the projected population within the planning area
6648	during the chosen planning period, and may include a phasing or
6649	staging schedule that allocates a portion of the local
6650	government's future growth to the planning area through the
6651	planning period. A long-term master plan adopted pursuant to
6652	this section is not required to demonstrate need based upon
6653	projected population growth or on any other basis.
6654	(b)  In addition to the other requirements of this chapter,
6655	including those in paragraph (a), the detailed specific area
6656	plans shall be consistent with the long-term master plan and
6657	must include conditions and commitments that provide for:
6658	1.  Development or conservation of an area of adequate size
6659	to accommodate a level of development which achieves a
6660	functional relationship between a full range of land uses within
6661	the area and to encompass at least 1,000 acres consistent with
6662	the long-term master plan. The local government state land
6663	planning agency may approve detailed specific area plans of less
6664	than 1,000 acres based on local circumstances if it is
6665	determined that the detailed specific area plan furthers the
6666	purposes of this part and part I of chapter 380.
6667	2.  Detailed identification and analysis of the maximum and
6668	minimum densities and intensities of use and the distribution,
6669	extent, and location of future land uses.
6670	3.  Detailed identification of water resource development
6671	and water supply development projects and related infrastructure
6672	and water conservation measures to address water needs of
6673	development in the detailed specific area plan.
6674	4.  Detailed identification of the transportation
6675	facilities to serve the future land uses in the detailed
6676	specific area plan.
6677	5.3.  Detailed identification of other regionally
6678	significant public facilities, including public facilities
6679	outside the jurisdiction of the host local government,
6680	anticipated impacts of future land uses on those facilities, and
6681	required improvements consistent with the long-term master plan
6682	chapter 9J-2, Florida Administrative Code.
6683	6.4.  Public facilities necessary to serve development in
6684	the detailed specific area plan for the short term, including
6685	developer contributions in a financially feasible 5-year capital
6686	improvement schedule of the affected local government.
6687	7.5.  Detailed analysis and identification of specific
6688	measures to ensure assure the protection or conservation of
6689	lands identified in the long-term master plan to be permanently
6690	preserved within the planning area through recordation of a
6691	conservation easement consistent with s. 704.06 and, as
6692	appropriate, restored or managed, of regionally significant
6693	natural resources and other important resources both within and
6694	outside the host jurisdiction, including those regionally
6695	significant resources identified in chapter 9J-2, Florida
6696	Administrative Code.
6697	8.6.  Detailed principles and guidelines addressing that
6698	address the urban form and the interrelationships of anticipated
6699	future land uses; and a discussion, at the applicant's option,
6700	of the extent, if any, to which the plan will address restoring
6701	key ecosystems, achieving a more clean, healthy environment;,
6702	limiting urban sprawl; providing a range of housing types;,
6703	protecting wildlife and natural areas;, advancing the efficient
6704	use of land and other resources;, and creating quality
6705	communities of a design that promotes travel by multiple
6706	transportation modes; and enhancing the prospects for the
6707	creation of jobs.
6708	9.7.  Identification of specific procedures to facilitate
6709	ensure intergovernmental coordination to address
6710	extrajurisdictional impacts from of the detailed specific area
6711	plan.
6712
6713	A detailed specific area plan adopted by local development order
6714	pursuant to this section may be based upon a planning period
6715	longer than the generally applicable planning period of the
6716	local comprehensive plan and shall specify the projected
6717	population within the specific planning area during the chosen
6718	planning period. A detailed specific area plan adopted pursuant
6719	to this section is not required to demonstrate need based upon
6720	projected population growth or on any other basis.
6721	(c)  In its review of a long-term master plan, the state
6722	land planning agency shall consult with the Department of
6723	Agriculture and Consumer Services, the Department of
6724	Environmental Protection, the Fish and Wildlife Conservation
6725	Commission, and the applicable water management district
6726	regarding the design of areas for protection and conservation of
6727	regionally significant natural resources and for the protection
6728	and, as appropriate, restoration and management of lands
6729	identified for permanent preservation.
6730	(d)  In its review of a long-term master plan, the state
6731	land planning agency shall consult with the Department of
6732	Transportation, the applicable metropolitan planning
6733	organization, and any urban transit agency regarding the
6734	location, capacity, design, and phasing or staging of major
6735	transportation facilities in the planning area.
6736	(e)  The state land planning agency may initiate a civil
6737	action pursuant to s. 163.3215 with respect to a detailed
6738	specific area plan that is not consistent with a long-term
6739	master plan adopted pursuant to this section. For purposes of
6740	such a proceeding, the state land planning agency shall be
6741	deemed an aggrieved and adversely affected party. Regardless of
6742	whether the local government has adopted an ordinance that
6743	establishes a local process that meets the requirements of s.
6744	163.3215(4), judicial review of a detailed specific area plan
6745	initiated by the state land planning agency shall be de novo
6746	pursuant to s. 163.3215(3) and not by petition for writ of
6747	certiorari pursuant to s. 163.3215(4). Any other aggrieved or
6748	adversely affected party shall be subject to s. 163.3215 in all
6749	respects when initiating a consistency challenge to a detailed
6750	specific area plan.
6751	(f)(c)  This subsection does may not be construed to
6752	prevent preparation and approval of the optional sector plan and
6753	detailed specific area plan concurrently or in the same
6754	submission.
6755	(4)  Upon the long-term master plan becoming legally
6756	effective:
6757	(a)  Any long-range transportation plan developed by a
6758	metropolitan planning organization pursuant to s. 339.175(7)
6759	must be consistent, to the maximum extent feasible, with the
6760	long-term master plan, including, but not limited to, the
6761	projected population and the approved uses and densities and
6762	intensities of use and their distribution within the planning
6763	area. The transportation facilities identified in adopted plans
6764	pursuant to subparagraphs (3)(a)3. and (b)4. must be developed
6765	in coordination with the adopted M.P.O. long-range
6766	transportation plan.
6767	(b)  The water needs, sources and water resource
6768	development, and water supply development projects identified in
6769	adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall
6770	be incorporated into the applicable district and regional water
6771	supply plans adopted in accordance with ss. 373.036 and 373.709.
6772	Accordingly, and notwithstanding the permit durations stated in
6773	s. 373.236, an applicant may request and the applicable district
6774	may issue consumptive use permits for durations commensurate
6775	with the long-term master plan or detailed specific area plan,
6776	considering the ability of the master plan area to contribute to
6777	regional water supply availability and the need to maximize
6778	reasonable-beneficial use of the water resource. The permitting
6779	criteria in s. 373.223 shall be applied based upon the projected
6780	population and the approved densities and intensities of use and
6781	their distribution in the long-term master plan; however, the
6782	allocation of the water may be phased over the permit duration
6783	to correspond to actual projected needs. This paragraph does not
6784	supersede the public interest test set forth in s. 373.223. The
6785	host local government shall submit a monitoring report to the
6786	state land planning agency and applicable regional planning
6787	council on an annual basis after adoption of a detailed specific
6788	area plan. The annual monitoring report must provide summarized
6789	information on development orders issued, development that has
6790	occurred, public facility improvements made, and public facility
6791	improvements anticipated over the upcoming 5 years.
6792	(5)  When a plan amendment adopting a detailed specific
6793	area plan has become effective for a portion of the planning
6794	area governed by a long-term master plan adopted pursuant to
6795	this section under ss. 163.3184 and 163.3189(2), the provisions
6796	of s. 380.06 does do not apply to development within the
6797	geographic area of the detailed specific area plan. However, any
6798	development-of-regional-impact development order that is vested
6799	from the detailed specific area plan may be enforced pursuant to
6800	under s. 380.11.
6801	(a)  The local government adopting the detailed specific
6802	area plan is primarily responsible for monitoring and enforcing
6803	the detailed specific area plan. Local governments may shall not
6804	issue any permits or approvals or provide any extensions of
6805	services to development that are not consistent with the
6806	detailed specific sector area plan.
6807	(b)  If the state land planning agency has reason to
6808	believe that a violation of any detailed specific area plan, or
6809	of any agreement entered into under this section, has occurred
6810	or is about to occur, it may institute an administrative or
6811	judicial proceeding to prevent, abate, or control the conditions
6812	or activity creating the violation, using the procedures in s.
6813	380.11.
6814	(c)  In instituting an administrative or judicial
6815	proceeding involving a an optional sector plan or detailed
6816	specific area plan, including a proceeding pursuant to paragraph
6817	(b), the complaining party shall comply with the requirements of
6818	s. 163.3215(4), (5), (6), and (7), except as provided by
6819	paragraph (3)(e).
6820	(d)  The detailed specific area plan shall establish a
6821	buildout date until which the approved development is not
6822	subject to downzoning, unit density reduction, or intensity
6823	reduction, unless the local government can demonstrate that
6824	implementation of the plan is not continuing in good faith based
6825	on standards established by plan policy, that substantial
6826	changes in the conditions underlying the approval of the
6827	detailed specific area plan have occurred, that the detailed
6828	specific area plan was based on substantially inaccurate
6829	information provided by the applicant, or that the change is
6830	clearly established to be essential to the public health,
6831	safety, or welfare.
6832	(6)  Concurrent with or subsequent to review and adoption
6833	of a long-term master plan pursuant to paragraph (3)(a), an
6834	applicant may apply for master development approval pursuant to
6835	s. 380.06(21) for the entire planning area in order to establish
6836	a buildout date until which the approved uses and densities and
6837	intensities of use of the master plan are not subject to
6838	downzoning, unit density reduction, or intensity reduction,
6839	unless the local government can demonstrate that implementation
6840	of the master plan is not continuing in good faith based on
6841	standards established by plan policy, that substantial changes
6842	in the conditions underlying the approval of the master plan
6843	have occurred, that the master plan was based on substantially
6844	inaccurate information provided by the applicant, or that change
6845	is clearly established to be essential to the public health,
6846	safety, or welfare. Review of the application for master
6847	development approval shall be at a level of detail appropriate
6848	for the long-term and conceptual nature of the long-term master
6849	plan and, to the maximum extent possible, may only consider
6850	information provided in the application for a long-term master
6851	plan. Notwithstanding s. 380.06, an increment of development in
6852	such an approved master development plan must be approved by a
6853	detailed specific area plan pursuant to paragraph (3)(b) and is
6854	exempt from review pursuant to s. 380.06.
6855	(6)  Beginning December 1, 1999, and each year thereafter,
6856	the department shall provide a status report to the Legislative
6857	Committee on Intergovernmental Relations regarding each optional
6858	sector plan authorized under this section.
6859	(7)  A developer within an area subject to a long-term
6860	master plan that meets the requirements of paragraph (3)(a) and
6861	subsection (6) or a detailed specific area plan that meets the
6862	requirements of paragraph (3)(b) may enter into a development
6863	agreement with a local government pursuant to ss. 163.3220-
6864	163.3243. The duration of such a development agreement may be
6865	through the planning period of the long-term master plan or the
6866	detailed specific area plan, as the case may be, notwithstanding
6867	the limit on the duration of a development agreement pursuant to
6868	s. 163.3229.
6869	(8)  Any owner of property within the planning area of a
6870	proposed long-term master plan may withdraw his consent to the
6871	master plan at any time prior to local government adoption, and
6872	the local government shall exclude such parcels from the adopted
6873	master plan. Thereafter, the long-term master plan, any detailed
6874	specific area plan, and the exemption from development-of-
6875	regional-impact review under this section do not apply to the
6876	subject parcels. After adoption of a long-term master plan, an
6877	owner may withdraw his or her property from the master plan only
6878	with the approval of the local government by plan amendment
6879	adopted and reviewed pursuant to s. 163.3184.
6880	(9)  The adoption of a long-term master plan or a detailed
6881	specific area plan pursuant to this section does not limit the
6882	right to continue existing agricultural or silvicultural uses or
6883	other natural resource-based operations or to establish similar
6884	new uses that are consistent with the plans approved pursuant to
6885	this section.
6886	(10)  The state land planning agency may enter into an
6887	agreement with a local government that, on or before July 1,
6888	2011, adopted a large-area comprehensive plan amendment
6889	consisting of at least 15,000 acres that meets the requirements
6890	for a long-term master plan in paragraph (3)(a), after notice
6891	and public hearing by the local government, and thereafter,
6892	notwithstanding s. 380.06, this part, or any planning agreement
6893	or plan policy, the large-area plan shall be implemented through
6894	detailed specific area plans that meet the requirements of
6895	paragraph (3)(b) and shall otherwise be subject to this section.
6896	(11)  Notwithstanding this section, a detailed specific
6897	area plan to implement a conceptual long-term buildout overlay,
6898	adopted by a local government and found in compliance before
6899	July 1, 2011, shall be governed by this section.
6900	(12)  Notwithstanding s. 380.06, this part, or any planning
6901	agreement or plan policy, a landowner or developer who has
6902	received approval of a master development-of-regional-impact
6903	development order pursuant to s. 380.06(21) may apply to
6904	implement this order by filing one or more applications to
6905	approve a detailed specific area plan pursuant to paragraph
6906	(3)(b).
6907	(13)(7)  This section may not be construed to abrogate the
6908	rights of any person under this chapter.
6909	Section 29.  Sections 163.3246, 163.32465, and 163.3247,
6910	Florida Statutes, are repealed.
6911	Section 30.  Section 163.3248, Florida Statutes, is created
6912	to read:
6913	163.3248  Rural land stewardship areas.-
6914	(1)  Rural land stewardship areas are designed to establish
6915	a long-term incentive based strategy to balance and guide the
6916	allocation of land so as to accommodate future land uses in a
6917	manner that protects the natural environment, stimulate economic
6918	growth and diversification, and encourage the retention of land
6919	for agriculture and other traditional rural land uses.
6920	(2)  Upon written request by one or more landowners to
6921	designate lands as a rural land stewardship area, or pursuant to
6922	a private sector initiated comprehensive plan amendment local
6923	governments may adopt a future land use overlay to designate all
6924	or portions of lands classified in the future land use element
6925	as predominantly agricultural, rural, open, open-rural, or a
6926	substantively equivalent land use, as a rural land stewardship
6927	area within which planning and economic incentives are applied
6928	to encourage the implementation of innovative and flexible
6929	planning and development strategies and creative land use
6930	planning techniques to support a diverse economic and employment
6931	base.
6932	(3)  Rural land stewardship areas may be used to further
6933	the following broad principles of rural sustainability:
6934	restoration and maintenance of the economic value of rural land;
6935	control of urban sprawl; identification and protection of
6936	ecosystems, habitats, and natural resources; promotion and
6937	diversification of economic activity and employment
6938	opportunities within the rural areas; maintenance of the
6939	viability of the state's agricultural economy; and protection of
6940	private property rights in rural areas of the state. Rural land
6941	stewardship areas may be multicounty in order to encourage
6942	coordinated regional stewardship planning.
6943	(4)  A local government or one or more property owners may
6944	request assistance and participation in the development of a
6945	plan for the rural land stewardship area from the state land
6946	planning agency, the Department of Agriculture and Consumer
6947	Services, the Fish and Wildlife Conservation Commission, the
6948	Department of Environmental Protection, the appropriate water
6949	management district, the Department of Transportation, the
6950	regional planning council, private land owners, and
6951	stakeholders.
6952	(5)  A rural land stewardship area shall be not less than
6953	10,000 acres, shall be located outside of municipalities and
6954	established urban service areas, and shall be designated by plan
6955	amendment by each local government with jurisdiction over the
6956	rural land stewardship area. The plan amendment or amendments
6957	designating a rural land stewardship area are subject to review
6958	pursuant to s. 163.3184 and shall provide for the following:
6959	(a)  Criteria for the designation of receiving areas which
6960	shall, at a minimum, provide for the following: adequacy of
6961	suitable land to accommodate development so as to avoid conflict
6962	with significant environmentally sensitive areas, resources, and
6963	habitats; compatibility between and transition from higher
6964	density uses to lower intensity rural uses; and the
6965	establishment of receiving area service boundaries that provide
6966	for a transition from receiving areas and other land uses within
6967	the rural land stewardship area through limitations on the
6968	extension of services.
6969	(b)  Innovative planning and development strategies to be
6970	applied within rural land stewardship areas pursuant to this
6971	section.
6972	(c)  A process for the implementation of innovative
6973	planning and development strategies within the rural land
6974	stewardship area, including those described in this subsection,
6975	which provide for a functional mix of land uses through the
6976	adoption by the local government of zoning and land development
6977	regulations applicable to the rural land stewardship area.
6978	(d)  A mix of densities and intensities that would not be
6979	characterized as urban sprawl through the use of innovative
6980	strategies and creative land use techniques.
6981	(6)  A receiving area may be designated only pursuant to
6982	procedures established in the local government's land
6983	development regulations. If receiving area designation requires
6984	the approval of the county board of county commissioners, such
6985	approval shall be by resolution with a simple majority vote.
6986	Before the commencement of development within a stewardship
6987	receiving area, a listed species survey must be performed for
6988	the area proposed for development. If listed species occur on
6989	the receiving area development site, the applicant must
6990	coordinate with each appropriate local, state, or federal agency
6991	to determine if adequate provisions have been made to protect
6992	those species in accordance with applicable regulations. In
6993	determining the adequacy of provisions for the protection of
6994	listed species and their habitats, the rural land stewardship
6995	area shall be considered as a whole, and the potential impacts
6996	and protective measures taken within areas to be developed as
6997	receiving areas shall be considered in conjunction with and
6998	compensated by lands set aside and protective measures taken
6999	within the designated sending areas.
7000	(7)  Upon the adoption of a plan amendment creating a rural
7001	land stewardship area, the local government shall, by ordinance,
7002	establish a rural land stewardship overlay zoning district,
7003	which shall provide the methodology for the creation,
7004	conveyance, and use of transferable rural land use credits,
7005	hereinafter referred to as stewardship credits, the assignment
7006	and application of which does not constitute a right to develop
7007	land or increase the density of land, except as provided by this
7008	section. The total amount of stewardship credits within the
7009	rural land stewardship area must enable the realization of the
7010	long-term vision and goals for the rural land stewardship area,
7011	which may take into consideration the anticipated effect of the
7012	proposed receiving areas. The estimated amount of receiving area
7013	shall be projected based on available data, and the development
7014	potential represented by the stewardship credits created within
7015	the rural land stewardship area must correlate to that amount.
7016	(8)  Stewardship credits are subject to the following
7017	limitations:
7018	(a)  Stewardship credits may exist only within a rural land
7019	stewardship area.
7020	(b)  Stewardship credits may be created only from lands
7021	designated as stewardship sending areas and may be used only on
7022	lands designated as stewardship receiving areas and then solely
7023	for the purpose of implementing innovative planning and
7024	development strategies and creative land use planning techniques
7025	adopted by the local government pursuant to this section.
7026	(c)  Stewardship credits assigned to a parcel of land
7027	within a rural land stewardship area shall cease to exist if the
7028	parcel of land is removed from the rural land stewardship area
7029	by plan amendment.
7030	(d)  Neither the creation of the rural land stewardship
7031	area by plan amendment nor the adoption of the rural land
7032	stewardship zoning overlay district by the local government may
7033	displace the underlying permitted uses or the density or
7034	intensity of land uses assigned to a parcel of land within the
7035	rural land stewardship area that existed before adoption of the
7036	plan amendment or zoning overlay district; however, once
7037	stewardship credits have been transferred from a designated
7038	sending area for use within a designated receiving area, the
7039	underlying density assigned to the designated sending area
7040	ceases to exist.
7041	(e)  The underlying permitted uses, density, or intensity
7042	on each parcel of land located within a rural land stewardship
7043	area may not be increased or decreased by the local government,
7044	except as a result of the conveyance or stewardship credits, as
7045	long as the parcel remains within the rural land stewardship
7046	area.
7047	(f)  Stewardship credits shall cease to exist on a parcel
7048	of land where the underlying density assigned to the parcel of
7049	land is used.
7050	(g)  An increase in the density or intensity of use on a
7051	parcel of land located within a designated receiving area may
7052	occur only through the assignment or use of stewardship credits
7053	and do not require a plan amendment. A change in the type of
7054	agricultural use on property within a rural land stewardship
7055	area is not considered a change in use or intensity of use and
7056	does not require any transfer of stewardship credits.
7057	(h)  A change in the density or intensity of land use on
7058	parcels located within receiving areas shall be specified in a
7059	development order that reflects the total number of stewardship
7060	credits assigned to the parcel of land and the infrastructure
7061	and support services necessary to provide for a functional mix
7062	of land uses corresponding to the plan of development.
7063	(i)  Land within a rural land stewardship area may be
7064	removed from the rural land stewardship area through a plan
7065	amendment.
7066	(j)  Stewardship credits may be assigned at different
7067	ratios of credits per acre according to the natural resource or
7068	other beneficial use characteristics of the land and according
7069	to the land use remaining after the transfer of credits, with
7070	the highest number of credits per acre assigned to the most
7071	environmentally valuable land or, in locations where the
7072	retention of open space and agricultural land is a priority, to
7073	such lands.
7074	(k)  The use or conveyance of stewardship credits must be
7075	recorded in the public records of the county in which the
7076	property is located as a covenant or restrictive easement
7077	running with the land in favor of the county and either the
7078	Department of Environmental Protection, the Department of
7079	Agriculture and Consumer Services, a water management district,
7080	or a recognized statewide land trust.
7081	(9)  Owners of land within rural land stewardship sending
7082	areas should be provided other incentives, in addition to the
7083	use or conveyance of stewardship credits, to enter into rural
7084	land stewardship agreements, pursuant to existing law and rules
7085	adopted thereto, with state agencies, water management
7086	districts, the Fish and Wildlife Conservation Commission, and
7087	local governments to achieve mutually agreed upon objectives.
7088	Such incentives may include, but are not limited to, the
7089	following:
7090	(a)  Opportunity to accumulate transferable wetland and
7091	species habitat mitigation credits for use or sale.
7092	(b)  Extended permit agreements.
7093	(c)  Opportunities for recreational leases and ecotourism.
7094	(d)  Compensation for the achievement of specified land
7095	management activities of public benefit, including, but not
7096	limited to, facility siting and corridors, recreational leases,
7097	water conservation and storage, water reuse, wastewater
7098	recycling, water supply and water resource development, nutrient
7099	reduction, environmental restoration and mitigation, public
7100	recreation, listed species protection and recovery, and wildlife
7101	corridor management and enhancement.
7102	(e)  Option agreements for sale to public entities or
7103	private land conservation entities, in either fee or easement,
7104	upon achievement of specified conservation objectives.
7105	(10)  This section constitutes an overlay of land use
7106	options that provide economic and regulatory incentives for
7107	landowners outside of established and planned urban service
7108	areas to conserve and manage vast areas of land for the benefit
7109	of the state's citizens and natural environment while
7110	maintaining and enhancing the asset value of their landholdings.
7111	It is the intent of the Legislature that this section be
7112	implemented pursuant to law and rulemaking is not authorized.
7113	(11)  It is the intent of the Legislature that the rural
7114	land stewardship area located in Collier County, which was
7115	established pursuant to the requirements of a final order by the
7116	Governor and Cabinet, duly adopted as a growth management plan
7117	amendment by Collier County, and found in compliance with this
7118	chapter, be recognized as a statutory rural land stewardship
7119	area and be afforded the incentives in this section.
7120	Section 31.  Paragraph (a) of subsection (2) of section
7121	163.360, Florida Statutes, is amended to read:
7122	163.360  Community redevelopment plans.-
7123	(2)  The community redevelopment plan shall:
7124	(a)  Conform to the comprehensive plan for the county or
7125	municipality as prepared by the local planning agency under the
7126	Community Local Government Comprehensive Planning and Land
7127	Development Regulation Act.
7128	Section 32.  Paragraph (a) of subsection (3) and subsection
7129	(8) of section 163.516, Florida Statutes, are amended to read:
7130	163.516  Safe neighborhood improvement plans.-
7131	(3)  The safe neighborhood improvement plan shall:
7132	(a)  Be consistent with the adopted comprehensive plan for
7133	the county or municipality pursuant to the Community Local
7134	Government Comprehensive Planning and Land Development
7135	Regulation Act. No district plan shall be implemented unless the
7136	local governing body has determined said plan is consistent.
7137	(8)  Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
7138	the governing body of a municipality or county shall hold two
7139	public hearings to consider the board-adopted safe neighborhood
7140	improvement plan as an amendment or modification to the
7141	municipality's or county's adopted local comprehensive plan.
7142	Section 33.  Paragraph (f) of subsection (6), subsection
7143	(9), and paragraph (c) of subsection (11) of section 171.203,
7144	Florida Statutes, are amended to read:
7145	171.203  Interlocal service boundary agreement.-The
7146	governing body of a county and one or more municipalities or
7147	independent special districts within the county may enter into
7148	an interlocal service boundary agreement under this part. The
7149	governing bodies of a county, a municipality, or an independent
7150	special district may develop a process for reaching an
7151	interlocal service boundary agreement which provides for public
7152	participation in a manner that meets or exceeds the requirements
7153	of subsection (13), or the governing bodies may use the process
7154	established in this section.
7155	(6)  An interlocal service boundary agreement may address
7156	any issue concerning service delivery, fiscal responsibilities,
7157	or boundary adjustment. The agreement may include, but need not
7158	be limited to, provisions that:
7159	(f)  Establish a process for land use decisions consistent
7160	with part II of chapter 163, including those made jointly by the
7161	governing bodies of the county and the municipality, or allow a
7162	municipality to adopt land use changes consistent with part II
7163	of chapter 163 for areas that are scheduled to be annexed within
7164	the term of the interlocal agreement; however, the county
7165	comprehensive plan and land development regulations shall
7166	control until the municipality annexes the property and amends
7167	its comprehensive plan accordingly. Comprehensive plan
7168	amendments to incorporate the process established by this
7169	paragraph are exempt from the twice-per-year limitation under s.
7170	163.3187.
7171	(9)  Each local government that is a party to the
7172	interlocal service boundary agreement shall amend the
7173	intergovernmental coordination element of its comprehensive
7174	plan, as described in s. 163.3177(6)(h)1., no later than 6
7175	months following entry of the interlocal service boundary
7176	agreement consistent with s. 163.3177(6)(h)1. Plan amendments
7177	required by this subsection are exempt from the twice-per-year
7178	limitation under s. 163.3187.
7179	(11)
7180	(c)  Any amendment required by paragraph (a) is exempt from
7181	the twice-per-year limitation under s. 163.3187.
7182	Section 34.  Section 186.513, Florida Statutes, is amended
7183	to read:
7184	186.513  Reports.-Each regional planning council shall
7185	prepare and furnish an annual report on its activities to the
7186	state land planning agency as defined in s. 163.3164(20) and the
7187	local general-purpose governments within its boundaries and,
7188	upon payment as may be established by the council, to any
7189	interested person. The regional planning councils shall make a
7190	joint report and recommendations to appropriate legislative
7191	committees.
7192	Section 35.  Section 186.515, Florida Statutes, is amended
7193	to read:
7194	186.515  Creation of regional planning councils under
7195	chapter 163.-Nothing in ss. 186.501-186.507, 186.513, and
7196	186.515 is intended to repeal or limit the provisions of chapter
7197	163; however, the local general-purpose governments serving as
7198	voting members of the governing body of a regional planning
7199	council created pursuant to ss. 186.501-186.507, 186.513, and
7200	186.515 are not authorized to create a regional planning council
7201	pursuant to chapter 163 unless an agency, other than a regional
7202	planning council created pursuant to ss. 186.501-186.507,
7203	186.513, and 186.515, is designated to exercise the powers and
7204	duties in any one or more of ss. 163.3164(19) and 380.031(15);
7205	in which case, such a regional planning council is also without
7206	authority to exercise the powers and duties in s. 163.3164(19)
7207	or s. 380.031(15).
7208	Section 36.  Subsection (1) of section 189.415, Florida
7209	Statutes, is amended to read:
7210	189.415  Special district public facilities report.-
7211	(1)  It is declared to be the policy of this state to
7212	foster coordination between special districts and local general-
7213	purpose governments as those local general-purpose governments
7214	develop comprehensive plans under the Community Local Government
7215	Comprehensive Planning and Land Development Regulation Act,
7216	pursuant to part II of chapter 163.
7217	Section 37.  Subsection (3) of section 190.004, Florida
7218	Statutes, is amended to read:
7219	190.004  Preemption; sole authority.-
7220	(3)  The establishment of an independent community
7221	development district as provided in this act is not a
7222	development order within the meaning of chapter 380. All
7223	governmental planning, environmental, and land development laws,
7224	regulations, and ordinances apply to all development of the land
7225	within a community development district. Community development
7226	districts do not have the power of a local government to adopt a
7227	comprehensive plan, building code, or land development code, as
7228	those terms are defined in the Community Local Government
7229	Comprehensive Planning and Land Development Regulation Act. A
7230	district shall take no action which is inconsistent with
7231	applicable comprehensive plans, ordinances, or regulations of
7232	the applicable local general-purpose government.
7233	Section 38.  Paragraph (a) of subsection (1) of section
7234	190.005, Florida Statutes, is amended to read:
7235	190.005  Establishment of district.-
7236	(1)  The exclusive and uniform method for the establishment
7237	of a community development district with a size of 1,000 acres
7238	or more shall be pursuant to a rule, adopted under chapter 120
7239	by the Florida Land and Water Adjudicatory Commission, granting
7240	a petition for the establishment of a community development
7241	district.
7242	(a)  A petition for the establishment of a community
7243	development district shall be filed by the petitioner with the
7244	Florida Land and Water Adjudicatory Commission. The petition
7245	shall contain:
7246	1.  A metes and bounds description of the external
7247	boundaries of the district. Any real property within the
7248	external boundaries of the district which is to be excluded from
7249	the district shall be specifically described, and the last known
7250	address of all owners of such real property shall be listed. The
7251	petition shall also address the impact of the proposed district
7252	on any real property within the external boundaries of the
7253	district which is to be excluded from the district.
7254	2.  The written consent to the establishment of the
7255	district by all landowners whose real property is to be included
7256	in the district or documentation demonstrating that the
7257	petitioner has control by deed, trust agreement, contract, or
7258	option of 100 percent of the real property to be included in the
7259	district, and when real property to be included in the district
7260	is owned by a governmental entity and subject to a ground lease
7261	as described in s. 190.003(14), the written consent by such
7262	governmental entity.
7263	3.  A designation of five persons to be the initial members
7264	of the board of supervisors, who shall serve in that office
7265	until replaced by elected members as provided in s. 190.006.
7266	4.  The proposed name of the district.
7267	5.  A map of the proposed district showing current major
7268	trunk water mains and sewer interceptors and outfalls if in
7269	existence.
7270	6.  Based upon available data, the proposed timetable for
7271	construction of the district services and the estimated cost of
7272	constructing the proposed services. These estimates shall be
7273	submitted in good faith but are shall not be binding and may be
7274	subject to change.
7275	7.  A designation of the future general distribution,
7276	location, and extent of public and private uses of land proposed
7277	for the area within the district by the future land use plan
7278	element of the effective local government comprehensive plan of
7279	which all mandatory elements have been adopted by the applicable
7280	general-purpose local government in compliance with the
7281	Community Local Government Comprehensive Planning and Land
7282	Development Regulation Act.
7283	8.  A statement of estimated regulatory costs in accordance
7284	with the requirements of s. 120.541.
7285	Section 39.  Paragraph (i) of subsection (6) of section
7286	193.501, Florida Statutes, is amended to read:
7287	193.501  Assessment of lands subject to a conservation
7288	easement, environmentally endangered lands, or lands used for
7289	outdoor recreational or park purposes when land development
7290	rights have been conveyed or conservation restrictions have been
7291	covenanted.-
7292	(6)  The following terms whenever used as referred to in
7293	this section have the following meanings unless a different
7294	meaning is clearly indicated by the context:
7295	(i)  "Qualified as environmentally endangered" means land
7296	that has unique ecological characteristics, rare or limited
7297	combinations of geological formations, or features of a rare or
7298	limited nature constituting habitat suitable for fish, plants,
7299	or wildlife, and which, if subject to a development moratorium
7300	or one or more conservation easements or development
7301	restrictions appropriate to retaining such land or water areas
7302	predominantly in their natural state, would be consistent with
7303	the conservation, recreation and open space, and, if applicable,
7304	coastal protection elements of the comprehensive plan adopted by
7305	formal action of the local governing body pursuant to s.
7306	163.3161, the Community Local Government Comprehensive Planning
7307	and Land Development Regulation Act; or surface waters and
7308	wetlands, as determined by the methodology ratified in s.
7309	373.4211.
7310	Section 40.  Subsection (15) of section 287.042, Florida
7311	Statutes, is amended to read:
7312	287.042  Powers, duties, and functions.-The department
7313	shall have the following powers, duties, and functions:
7314	(15)  To enter into joint agreements with governmental
7315	agencies, as defined in s. 163.3164(10), for the purpose of
7316	pooling funds for the purchase of commodities or information
7317	technology that can be used by multiple agencies.
7318	(a)  Each agency that has been appropriated or has existing
7319	funds for such purchase, shall, upon contract award by the
7320	department, transfer their portion of the funds into the
7321	department's Operating Trust Fund for payment by the department.
7322	The funds shall be transferred by the Executive Office of the
7323	Governor pursuant to the agency budget amendment request
7324	provisions in chapter 216.
7325	(b)  Agencies that sign the joint agreements are
7326	financially obligated for their portion of the agreed-upon
7327	funds. If an agency becomes more than 90 days delinquent in
7328	paying the funds, the department shall certify to the Chief
7329	Financial Officer the amount due, and the Chief Financial
7330	Officer shall transfer the amount due to the Operating Trust
7331	Fund of the department from any of the agency's available funds.
7332	The Chief Financial Officer shall report these transfers and the
7333	reasons for the transfers to the Executive Office of the
7334	Governor and the legislative appropriations committees.
7335	Section 41.  Subsection (4) of section 288.063, Florida
7336	Statutes, is amended to read:
7337	288.063  Contracts for transportation projects.-
7338	(4)  The Office of Tourism, Trade, and Economic Development
7339	may adopt criteria by which transportation projects are to be
7340	reviewed and certified in accordance with s. 288.061. In
7341	approving transportation projects for funding, the Office of
7342	Tourism, Trade, and Economic Development shall consider factors
7343	including, but not limited to, the cost per job created or
7344	retained considering the amount of transportation funds
7345	requested; the average hourly rate of wages for jobs created;
7346	the reliance on the program as an inducement for the project's
7347	location decision; the amount of capital investment to be made
7348	by the business; the demonstrated local commitment; the location
7349	of the project in an enterprise zone designated pursuant to s.
7350	290.0055; the location of the project in a spaceport territory
7351	as defined in s. 331.304; the unemployment rate of the
7352	surrounding area; and the poverty rate of the community; and the
7353	adoption of an economic element as part of its local
7354	comprehensive plan in accordance with s. 163.3177(7)(j). The
7355	Office of Tourism, Trade, and Economic Development may contact
7356	any agency it deems appropriate for additional input regarding
7357	the approval of projects.
7358	Section 42.  Paragraph (a) of subsection (2), subsection
7359	(10), and paragraph (d) of subsection (12) of section 288.975,
7360	Florida Statutes, are amended to read:
7361	288.975  Military base reuse plans.-
7362	(2)  As used in this section, the term:
7363	(a)  "Affected local government" means a local government
7364	adjoining the host local government and any other unit of local
7365	government that is not a host local government but that is
7366	identified in a proposed military base reuse plan as providing,
7367	operating, or maintaining one or more public facilities as
7368	defined in s. 163.3164(24) on lands within or serving a military
7369	base designated for closure by the Federal Government.
7370	(10)  Within 60 days after receipt of a proposed military
7371	base reuse plan, these entities shall review and provide
7372	comments to the host local government. The commencement of this
7373	review period shall be advertised in newspapers of general
7374	circulation within the host local government and any affected
7375	local government to allow for public comment. No later than 180
7376	days after receipt and consideration of all comments, and the
7377	holding of at least two public hearings, the host local
7378	government shall adopt the military base reuse plan. The host
7379	local government shall comply with the notice requirements set
7380	forth in s. 163.3184(11)(15) to ensure full public participation
7381	in this planning process.
7382	(12)  Following receipt of a petition, the petitioning
7383	party or parties and the host local government shall seek
7384	resolution of the issues in dispute. The issues in dispute shall
7385	be resolved as follows:
7386	(d)  Within 45 days after receiving the report from the
7387	state land planning agency, the Administration Commission shall
7388	take action to resolve the issues in dispute. In deciding upon a
7389	proper resolution, the Administration Commission shall consider
7390	the nature of the issues in dispute, any requests for a formal
7391	administrative hearing pursuant to chapter 120, the compliance
7392	of the parties with this section, the extent of the conflict
7393	between the parties, the comparative hardships and the public
7394	interest involved. If the Administration Commission incorporates
7395	in its final order a term or condition that requires any local
7396	government to amend its local government comprehensive plan, the
7397	local government shall amend its plan within 60 days after the
7398	issuance of the order. Such amendment or amendments shall be
7399	exempt from the limitation of the frequency of plan amendments
7400	contained in s. 163.3187(1), and A public hearing on such
7401	amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is
7402	shall not be required. The final order of the Administration
7403	Commission is subject to appeal pursuant to s. 120.68. If the
7404	order of the Administration Commission is appealed, the time for
7405	the local government to amend its plan shall be tolled during
7406	the pendency of any local, state, or federal administrative or
7407	judicial proceeding relating to the military base reuse plan.
7408	Section 43.  Subsection (4) of section 290.0475, Florida
7409	Statutes, is amended to read:
7410	290.0475  Rejection of grant applications; penalties for
7411	failure to meet application conditions.-Applications received
7412	for funding under all program categories shall be rejected
7413	without scoring only in the event that any of the following
7414	circumstances arise:
7415	(4)  The application is not consistent with the local
7416	government's comprehensive plan adopted pursuant to s.
7417	163.3184(7).
7418	Section 44.  Paragraph (c) of subsection (3) of section
7419	311.07, Florida Statutes, is amended to read:
7420	311.07  Florida seaport transportation and economic
7421	development funding.-
7422	(3)
7423	(c)  To be eligible for consideration by the council
7424	pursuant to this section, a project must be consistent with the
7425	port comprehensive master plan which is incorporated as part of
7426	the approved local government comprehensive plan as required by
7427	s. 163.3178(2)(k) or other provisions of the Community Local
7428	Government Comprehensive Planning and Land Development
7429	Regulation Act, part II of chapter 163.
7430	Section 45.  Subsection (1) of section 331.319, Florida
7431	Statutes, is amended to read:
7432	331.319  Comprehensive planning; building and safety
7433	codes.-The board of directors may:
7434	(1)  Adopt, and from time to time review, amend,
7435	supplement, or repeal, a comprehensive general plan for the
7436	physical development of the area within the spaceport territory
7437	in accordance with the objectives and purposes of this act and
7438	consistent with the comprehensive plans of the applicable county
7439	or counties and municipality or municipalities adopted pursuant
7440	to the Community Local Government Comprehensive Planning and
7441	Land Development Regulation Act, part II of chapter 163.
7442	Section 46.  Paragraph (e) of subsection (5) of section
7443	339.155, Florida Statutes, is amended to read:
7444	339.155  Transportation planning.-
7445	(5)  ADDITIONAL TRANSPORTATION PLANS.-
7446	(e)  The regional transportation plan developed pursuant to
7447	this section must, at a minimum, identify regionally significant
7448	transportation facilities located within a regional
7449	transportation area and contain a prioritized list of regionally
7450	significant projects. The level-of-service standards for
7451	facilities to be funded under this subsection shall be adopted
7452	by the appropriate local government in accordance with s.
7453	163.3180(10). The projects shall be adopted into the capital
7454	improvements schedule of the local government comprehensive plan
7455	pursuant to s. 163.3177(3).
7456	Section 47.  Paragraph (a) of subsection (4) of section
7457	339.2819, Florida Statutes, is amended to read:
7458	339.2819  Transportation Regional Incentive Program.-
7459	(4)(a)  Projects to be funded with Transportation Regional
7460	Incentive Program funds shall, at a minimum:
7461	1.  Support those transportation facilities that serve
7462	national, statewide, or regional functions and function as an
7463	integrated regional transportation system.
7464	2.  Be identified in the capital improvements element of a
7465	comprehensive plan that has been determined to be in compliance
7466	with part II of chapter 163, after July 1, 2005, or to implement
7467	a long-term concurrency management system adopted by a local
7468	government in accordance with s. 163.3180(9). Further, the
7469	project shall be in compliance with local government
7470	comprehensive plan policies relative to corridor management.
7471	3.  Be consistent with the Strategic Intermodal System Plan
7472	developed under s. 339.64.
7473	4.  Have a commitment for local, regional, or private
7474	financial matching funds as a percentage of the overall project
7475	cost.
7476	Section 48.  Subsection (5) of section 369.303, Florida
7477	Statutes, is amended to read:
7478	369.303  Definitions.-As used in this part:
7479	(5)  "Land development regulation" means a regulation
7480	covered by the definition in s. 163.3164(23) and any of the
7481	types of regulations described in s. 163.3202.
7482	Section 49.  Subsections (5) and (7) of section 369.321,
7483	Florida Statutes, are amended to read:
7484	369.321  Comprehensive plan amendments.-Except as otherwise
7485	expressly provided, by January 1, 2006, each local government
7486	within the Wekiva Study Area shall amend its local government
7487	comprehensive plan to include the following:
7488	(5)  Comprehensive plans and comprehensive plan amendments
7489	adopted by the local governments to implement this section shall
7490	be reviewed by the Department of Community Affairs pursuant to
7491	s. 163.3184, and shall be exempt from the provisions of s.
7492	163.3187(1).
7493	(7)  During the period prior to the adoption of the
7494	comprehensive plan amendments required by this act, any local
7495	comprehensive plan amendment adopted by a city or county that
7496	applies to land located within the Wekiva Study Area shall
7497	protect surface and groundwater resources and be reviewed by the
7498	Department of Community Affairs, pursuant to chapter 163 and
7499	chapter 9J-5, Florida Administrative Code, using best available
7500	data, including the information presented to the Wekiva River
7501	Basin Coordinating Committee.
7502	Section 50.  Subsection (1) of section 378.021, Florida
7503	Statutes, is amended to read:
7504	378.021  Master reclamation plan.-
7505	(1)  The Department of Environmental Protection shall amend
7506	the master reclamation plan that provides guidelines for the
7507	reclamation of lands mined or disturbed by the severance of
7508	phosphate rock prior to July 1, 1975, which lands are not
7509	subject to mandatory reclamation under part II of chapter 211.
7510	In amending the master reclamation plan, the Department of
7511	Environmental Protection shall continue to conduct an onsite
7512	evaluation of all lands mined or disturbed by the severance of
7513	phosphate rock prior to July 1, 1975, which lands are not
7514	subject to mandatory reclamation under part II of chapter 211.
7515	The master reclamation plan when amended by the Department of
7516	Environmental Protection shall be consistent with local
7517	government plans prepared pursuant to the Community Local
7518	Government Comprehensive Planning and Land Development
7519	Regulation Act.
7520	Section 51.  Subsection (10) of section 380.031, Florida
7521	Statutes, is amended to read:
7522	380.031  Definitions.-As used in this chapter:
7523	(10)  "Local comprehensive plan" means any or all local
7524	comprehensive plans or elements or portions thereof prepared,
7525	adopted, or amended pursuant to the Community Local Government
7526	Comprehensive Planning and Land Development Regulation Act, as
7527	amended.
7528	Section 52.  Paragraph (b) of subsection (6), paragraph (c)
7529	of subsection (19), subsection (24), paragraph (e) of subsection
7530	(28), and paragraphs (a), (d), and (e) of subsection (29) of
7531	section 380.06, Florida Statutes, are amended, and subsection
7532	(30) is added to that section, to read:
7533	380.06  Developments of regional impact.-
7534	(6)  APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
7535	PLAN AMENDMENTS.-
7536	(b)  Any local government comprehensive plan amendments
7537	related to a proposed development of regional impact, including
7538	any changes proposed under subsection (19), may be initiated by
7539	a local planning agency or the developer and must be considered
7540	by the local governing body at the same time as the application
7541	for development approval using the procedures provided for local
7542	plan amendment in s. 163.3187 or s. 163.3189 and applicable
7543	local ordinances, without regard to statutory or local ordinance
7544	limits on the frequency of consideration of amendments to the
7545	local comprehensive plan. Nothing in This paragraph does not
7546	shall be deemed to require favorable consideration of a plan
7547	amendment solely because it is related to a development of
7548	regional impact. The procedure for processing such comprehensive
7549	plan amendments is as follows:
7550	1.  If a developer seeks a comprehensive plan amendment
7551	related to a development of regional impact, the developer must
7552	so notify in writing the regional planning agency, the
7553	applicable local government, and the state land planning agency
7554	no later than the date of preapplication conference or the
7555	submission of the proposed change under subsection (19).
7556	2.  When filing the application for development approval or
7557	the proposed change, the developer must include a written
7558	request for comprehensive plan amendments that would be
7559	necessitated by the development-of-regional-impact approvals
7560	sought. That request must include data and analysis upon which
7561	the applicable local government can determine whether to
7562	transmit the comprehensive plan amendment pursuant to s.
7563	163.3184.
7564	3.  The local government must advertise a public hearing on
7565	the transmittal within 30 days after filing the application for
7566	development approval or the proposed change and must make a
7567	determination on the transmittal within 60 days after the
7568	initial filing unless that time is extended by the developer.
7569	4.  If the local government approves the transmittal,
7570	procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
7571	followed.
7572	5.  Notwithstanding subsection (11) or subsection (19), the
7573	local government may not hold a public hearing on the
7574	application for development approval or the proposed change or
7575	on the comprehensive plan amendments sooner than 30 days from
7576	receipt of the response from the state land planning agency
7577	pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
7578	local governments to adopt, adopt with changes, or not adopt
7579	plan amendments pursuant to s. 163.3184(7) shall not apply to
7580	concurrent plan amendments provided for in this subsection.
7581	6.  The local government must hear both the application for
7582	development approval or the proposed change and the
7583	comprehensive plan amendments at the same hearing. However, the
7584	local government must take action separately on the application
7585	for development approval or the proposed change and on the
7586	comprehensive plan amendments.
7587	7.  Thereafter, the appeal process for the local government
7588	development order must follow the provisions of s. 380.07, and
7589	the compliance process for the comprehensive plan amendments
7590	must follow the provisions of s. 163.3184.
7591	(19)  SUBSTANTIAL DEVIATIONS.-
7592	(c)  An extension of the date of buildout of a development,
7593	or any phase thereof, by more than 7 years is presumed to create
7594	a substantial deviation subject to further development-of-
7595	regional-impact review.
7596	1.  An extension of the date of buildout, or any phase
7597	thereof, of more than 5 years but not more than 7 years is
7598	presumed not to create a substantial deviation. The extension of
7599	the date of buildout of an areawide development of regional
7600	impact by more than 5 years but less than 10 years is presumed
7601	not to create a substantial deviation. These presumptions may be
7602	rebutted by clear and convincing evidence at the public hearing
7603	held by the local government. An extension of 5 years or less is
7604	not a substantial deviation.
7605	2.  In recognition of the 2011 real estate market
7606	conditions, at the option of the developer, all commencement,
7607	phase, buildout, and expiration dates for projects that are
7608	currently valid developments of regional impact are extended for
7609	7 years regardless of any previous extension. Associated
7610	mitigation requirements are extended for the same period. The 7-
7611	year extension is not a substantial deviation, is not subject to
7612	further development-of-regional-impact review, and may not be
7613	considered when determining whether a subsequent extension is a
7614	substantial deviation under this subsection. The developer must
7615	notify the local government in writing by December 31, 2011, in
7616	order to receive the 7-year extension.
7617
7618	For the purpose of calculating when a buildout or phase date has
7619	been exceeded, the time shall be tolled during the pendency of
7620	administrative or judicial proceedings relating to development
7621	permits. Any extension of the buildout date of a project or a
7622	phase thereof shall automatically extend the commencement date
7623	of the project, the termination date of the development order,
7624	the expiration date of the development of regional impact, and
7625	the phases thereof if applicable by a like period of time. In
7626	recognition of the 2007 real estate market conditions, all
7627	phase, buildout, and expiration dates for projects that are
7628	developments of regional impact and under active construction on
7629	July 1, 2007, are extended for 3 years regardless of any prior
7630	extension. The 3-year extension is not a substantial deviation,
7631	is not subject to further development-of-regional-impact review,
7632	and may not be considered when determining whether a subsequent
7633	extension is a substantial deviation under this subsection.
7634	(24)  STATUTORY EXEMPTIONS.-
7635	(a)  Any proposed hospital is exempt from the provisions of
7636	this section.
7637	(b)  Any proposed electrical transmission line or
7638	electrical power plant is exempt from the provisions of this
7639	section.
7640	(c)  Any proposed addition to an existing sports facility
7641	complex is exempt from the provisions of this section if the
7642	addition meets the following characteristics:
7643	1.  It would not operate concurrently with the scheduled
7644	hours of operation of the existing facility.
7645	2.  Its seating capacity would be no more than 75 percent
7646	of the capacity of the existing facility.
7647	3.  The sports facility complex property is owned by a
7648	public body prior to July 1, 1983.
7649
7650	This exemption does not apply to any pari-mutuel facility.
7651	(d)  Any proposed addition or cumulative additions
7652	subsequent to July 1, 1988, to an existing sports facility
7653	complex owned by a state university is exempt if the increased
7654	seating capacity of the complex is no more than 30 percent of
7655	the capacity of the existing facility.
7656	(e)  Any addition of permanent seats or parking spaces for
7657	an existing sports facility located on property owned by a
7658	public body prior to July 1, 1973, is exempt from the provisions
7659	of this section if future additions do not expand existing
7660	permanent seating or parking capacity more than 15 percent
7661	annually in excess of the prior year's capacity.
7662	(f)  Any increase in the seating capacity of an existing
7663	sports facility having a permanent seating capacity of at least
7664	50,000 spectators is exempt from the provisions of this section,
7665	provided that such an increase does not increase permanent
7666	seating capacity by more than 5 percent per year and not to
7667	exceed a total of 10 percent in any 5-year period, and provided
7668	that the sports facility notifies the appropriate local
7669	government within which the facility is located of the increase
7670	at least 6 months prior to the initial use of the increased
7671	seating, in order to permit the appropriate local government to
7672	develop a traffic management plan for the traffic generated by
7673	the increase. Any traffic management plan shall be consistent
7674	with the local comprehensive plan, the regional policy plan, and
7675	the state comprehensive plan.
7676	(g)  Any expansion in the permanent seating capacity or
7677	additional improved parking facilities of an existing sports
7678	facility is exempt from the provisions of this section, if the
7679	following conditions exist:
7680	1.a.  The sports facility had a permanent seating capacity
7681	on January 1, 1991, of at least 41,000 spectator seats;
7682	b.  The sum of such expansions in permanent seating
7683	capacity does not exceed a total of 10 percent in any 5-year
7684	period and does not exceed a cumulative total of 20 percent for
7685	any such expansions; or
7686	c.  The increase in additional improved parking facilities
7687	is a one-time addition and does not exceed 3,500 parking spaces
7688	serving the sports facility; and
7689	2.  The local government having jurisdiction of the sports
7690	facility includes in the development order or development permit
7691	approving such expansion under this paragraph a finding of fact
7692	that the proposed expansion is consistent with the
7693	transportation, water, sewer and stormwater drainage provisions
7694	of the approved local comprehensive plan and local land
7695	development regulations relating to those provisions.
7696
7697	Any owner or developer who intends to rely on this statutory
7698	exemption shall provide to the department a copy of the local
7699	government application for a development permit. Within 45 days
7700	of receipt of the application, the department shall render to
7701	the local government an advisory and nonbinding opinion, in
7702	writing, stating whether, in the department's opinion, the
7703	prescribed conditions exist for an exemption under this
7704	paragraph. The local government shall render the development
7705	order approving each such expansion to the department. The
7706	owner, developer, or department may appeal the local government
7707	development order pursuant to s. 380.07, within 45 days after
7708	the order is rendered. The scope of review shall be limited to
7709	the determination of whether the conditions prescribed in this
7710	paragraph exist. If any sports facility expansion undergoes
7711	development-of-regional-impact review, all previous expansions
7712	which were exempt under this paragraph shall be included in the
7713	development-of-regional-impact review.
7714	(h)  Expansion to port harbors, spoil disposal sites,
7715	navigation channels, turning basins, harbor berths, and other
7716	related inwater harbor facilities of ports listed in s.
7717	403.021(9)(b), port transportation facilities and projects
7718	listed in s. 311.07(3)(b), and intermodal transportation
7719	facilities identified pursuant to s. 311.09(3) are exempt from
7720	the provisions of this section when such expansions, projects,
7721	or facilities are consistent with comprehensive master plans
7722	that are in compliance with the provisions of s. 163.3178.
7723	(i)  Any proposed facility for the storage of any petroleum
7724	product or any expansion of an existing facility is exempt from
7725	the provisions of this section.
7726	(j)  Any renovation or redevelopment within the same land
7727	parcel which does not change land use or increase density or
7728	intensity of use.
7729	(k)  Waterport and marina development, including dry
7730	storage facilities, are exempt from the provisions of this
7731	section.
7732	(l)  Any proposed development within an urban service
7733	boundary established under s. 163.3177(14), which is not
7734	otherwise exempt pursuant to subsection (29), is exempt from the
7735	provisions of this section if the local government having
7736	jurisdiction over the area where the development is proposed has
7737	adopted the urban service boundary, has entered into a binding
7738	agreement with jurisdictions that would be impacted and with the
7739	Department of Transportation regarding the mitigation of impacts
7740	on state and regional transportation facilities, and has adopted
7741	a proportionate share methodology pursuant to s. 163.3180(16).
7742	(m)  Any proposed development within a rural land
7743	stewardship area created under s. 163.3248 163.3177(11)(d) is
7744	exempt from the provisions of this section if the local
7745	government that has adopted the rural land stewardship area has
7746	entered into a binding agreement with jurisdictions that would
7747	be impacted and the Department of Transportation regarding the
7748	mitigation of impacts on state and regional transportation
7749	facilities, and has adopted a proportionate share methodology
7750	pursuant to s. 163.3180(16).
7751	(n)  The establishment, relocation, or expansion of any
7752	military installation as defined in s. 163.3175, is exempt from
7753	this section.
7754	(o)  Any self-storage warehousing that does not allow
7755	retail or other services is exempt from this section.
7756	(p)  Any proposed nursing home or assisted living facility
7757	is exempt from this section.
7758	(q)  Any development identified in an airport master plan
7759	and adopted into the comprehensive plan pursuant to s.
7760	163.3177(6)(k) is exempt from this section.
7761	(r)  Any development identified in a campus master plan and
7762	adopted pursuant to s. 1013.30 is exempt from this section.
7763	(s)  Any development in a detailed specific area plan which
7764	is prepared and adopted pursuant to s. 163.3245 and adopted into
7765	the comprehensive plan is exempt from this section.
7766	(t)  Any proposed solid mineral mine and any proposed
7767	addition to, expansion of, or change to an existing solid
7768	mineral mine is exempt from this section. Proposed changes to
7769	any previously approved solid mineral mine development-of-
7770	regional-impact development orders having vested rights is not
7771	subject to further review or approval as a development-of-
7772	regional-impact or notice-of-proposed-change review or approval
7773	pursuant to subsection (19), except for those applications
7774	pending as of July 1, 2011, which shall be governed by s.
7775	380.115(2). Notwithstanding the foregoing, however, pursuant to
7776	s. 380.115(1), previously approved solid mineral mine
7777	development-of-regional-impact development orders shall continue
7778	to enjoy vested rights and continue to be effective unless
7779	rescinded by the developer. All local government regulations of
7780	proposed solid mineral mines shall be applicable to any new
7781	solid mineral mine or to any proposed addition to, expansion of,
7782	or change to an existing solid mineral mine.
7783	(u)  Notwithstanding any provisions in an agreement with or
7784	among a local government, regional agency, or the state land
7785	planning agency or in a local government's comprehensive plan to
7786	the contrary, a project no longer subject to development-of-
7787	regional-impact review under revised thresholds is not required
7788	to undergo such review.
7789	(v)(t)  Any development within a county with a research and
7790	education authority created by special act and that is also
7791	within a research and development park that is operated or
7792	managed by a research and development authority pursuant to part
7793	V of chapter 159 is exempt from this section.
7794
7795	If a use is exempt from review as a development of regional
7796	impact under paragraphs (a)-(u) (a)-(s), but will be part of a
7797	larger project that is subject to review as a development of
7798	regional impact, the impact of the exempt use must be included
7799	in the review of the larger project, unless such exempt use
7800	involves a development of regional impact that includes a
7801	landowner, tenant, or user that has entered into a funding
7802	agreement with the Office of Tourism, Trade, and Economic
7803	Development under the Innovation Incentive Program and the
7804	agreement contemplates a state award of at least $50 million.
7805	(28)  PARTIAL STATUTORY EXEMPTIONS.-
7806	(e)  The vesting provision of s. 163.3167(5)(8) relating to
7807	an authorized development of regional impact does shall not
7808	apply to those projects partially exempt from the development-
7809	of-regional-impact review process under paragraphs (a)-(d).
7810	(29)  EXEMPTIONS FOR DENSE URBAN LAND AREAS.-
7811	(a)  The following are exempt from this section:
7812	1.  Any proposed development in a municipality that has an
7813	average of at least 1,000 people per square mile of land area
7814	and a minimum total population of at least 5,000 qualifies as a
7815	dense urban land area as defined in s. 163.3164;
7816	2.  Any proposed development within a county that has an
7817	average of at least 1,000 people per square mile of land area
7818	qualifies as a dense urban land area as defined in s. 163.3164
7819	and that is located within an urban service area as defined in
7820	s. 163.3164 which has been adopted into the comprehensive plan;
7821	or
7822	3.  Any proposed development within a county, including the
7823	municipalities located therein, which has a population of at
7824	least 900,000, that has an average of at least 1,000 people per
7825	square mile of land area which qualifies as a dense urban land
7826	area under s. 163.3164, but which does not have an urban service
7827	area designated in the comprehensive plan.
7828
7829	The Office of Economic and Demographic Research within the
7830	Legislature shall annually calculate the population and density
7831	criteria needed to determine which jurisdictions meet the
7832	density criteria in subparagraphs 1.-3. by using the most recent
7833	land area data from the decennial census conducted by the Bureau
7834	of the Census of the United States Department of Commerce and
7835	the latest available population estimates determined pursuant to
7836	s. 186.901. If any local government has had an annexation,
7837	contraction, or new incorporation, the Office of Economic and
7838	Demographic Research shall determine the population density
7839	using the new jurisdictional boundaries as recorded in
7840	accordance with s. 171.091. The Office of Economic and
7841	Demographic Research shall annually submit to the state land
7842	planning agency by July 1 a list of jurisdictions that meet the
7843	total population and density criteria. The state land planning
7844	agency shall publish the list of jurisdictions on its Internet
7845	website within 7 days after the list is received. The
7846	designation of jurisdictions that meet the density criteria of
7847	subparagraphs 1.-3. is effective upon publication on the state
7848	land planning agency's Internet website. Any area that has met
7849	the density criteria may not thereafter be removed from the list
7850	of areas that qualify.
7851	(d)  A development that is located partially outside an
7852	area that is exempt from the development-of-regional-impact
7853	program must undergo development-of-regional-impact review
7854	pursuant to this section. However, if the total acreage that is
7855	included within the area exempt from development-of-regional-
7856	impact review exceeds 85 percent of the total acreage and square
7857	footage of the approved development of regional impact, the
7858	development-of-regional-impact development order may be
7859	rescinded in both local governments pursuant to s. 380.115(1).
7860	(e)  In an area that is exempt under paragraphs (a)-(c),
7861	any previously approved development-of-regional-impact
7862	development orders shall continue to be effective, but the
7863	developer has the option to be governed by s. 380.115(1). A
7864	pending application for development approval shall be governed
7865	by s. 380.115(2). A development that has a pending application
7866	for a comprehensive plan amendment and that elects not to
7867	continue development-of-regional-impact review is exempt from
7868	the limitation on plan amendments set forth in s. 163.3187(1)
7869	for the year following the effective date of the exemption.
7870	(30)  TEMPORARY INCREASES IN THRESHOLDS, STANDARDS, AND
7871	SUBSTANTIAL DEVIATIONS.-
7872	(a)  Notwithstanding paragraph (2)(d), a development that
7873	is below 150 percent of all numerical thresholds in the
7874	guidelines and standards is not required to undergo development-
7875	of-regional-impact review. Projects between 100 percent and 150
7876	percent of all numerical thresholds shall notify the state land
7877	planning agency and the applicable regional planning council of
7878	the proposed development plan and shall annually report, for a
7879	period of 5 years, progress in developing the development plan.
7880	(b)  Notwithstanding sub-subparagraph (2)(d)1.b., a
7881	development that is at or above 200 percent of any numerical
7882	threshold must undergo development-of-regional impact review.
7883	(c)  Notwithstanding subparagraph (2)(d)2., it is presumed
7884	that a development that is at or above 150 to 200 percent of a
7885	numerical threshold is required to undergo development-of-
7886	regional-impact review. This presumption may be rebutted by
7887	clear and convincing evidence.
7888	(d)  Notwithstanding paragraph (19)(b), the criteria of
7889	paragraph (19)(b) shall be increased by 100 percent before a
7890	change constitutes a substantial deviation. Projects with
7891	changes that would have triggered a substantial deviation under
7892	paragraph (19)(b) if this paragraph did not apply shall notify
7893	the state land planning agency and the applicable regional
7894	planning council of the modified development plan and shall
7895	annually report, for a period of 5 years, progress in developing
7896	the modified development plan.
7897	(e)  The Office of Program Policy Analysis and Government
7898	Accountability shall submit to the Governor, the President of
7899	the Senate, and the Speaker of the House of Representatives by
7900	December 1, 2017, a report and recommendations for modifying
7901	current numerical thresholds and guidelines on what projects
7902	constitute a development of regional impact and the criteria for
7903	what constitutes a substantial deviation. The Office of Program
7904	Policy Analysis and Government Accountability shall review the
7905	annual reports of the developments that have notified the state
7906	land planning agency that they meet the criteria of this
7907	paragraph. The Office of Program Policy Analysis and Government
7908	Accountability shall consult the state land planning agency, the
7909	regional planning councils, and other reviewing and permitting
7910	agencies as appropriate, a sampling of developers with approved
7911	developments of regional impact and their representatives, and a
7912	sampling of developments reporting on progress in developing and
7913	associated local governments and adjacent local governments
7914	concerning the experience and recommendations concerning the
7915	development-of-regional-impact program. In reviewing the
7916	experience relating to the regional impacts of the increased
7917	thresholds and criteria, the report should consider changes to
7918	thresholds and criteria, removal of categories of development
7919	types from the development-of-regional-impact provisions, and
7920	the repeal of the program in its entirety.
7921	Section 53.  Paragraph (a) of subsection (8) of section
7922	380.061, Florida Statutes, is amended to read:
7923	380.061  The Florida Quality Developments program.-
7924	(8)(a)  Any local government comprehensive plan amendments
7925	related to a Florida Quality Development may be initiated by a
7926	local planning agency and considered by the local governing body
7927	at the same time as the application for development approval,
7928	using the procedures provided for local plan amendment in s.
7929	163.3187 or s. 163.3189 and applicable local ordinances, without
7930	regard to statutory or local ordinance limits on the frequency
7931	of consideration of amendments to the local comprehensive plan.
7932	Nothing in this subsection shall be construed to require
7933	favorable consideration of a Florida Quality Development solely
7934	because it is related to a development of regional impact.
7935	Section 54.  Paragraph (a) of subsection (2) of section
7936	380.065, Florida Statutes, is amended to read:
7937	380.065  Certification of local government review of
7938	development.-
7939	(2)  When a petition is filed, the state land planning
7940	agency shall have no more than 90 days to prepare and submit to
7941	the Administration Commission a report and recommendations on
7942	the proposed certification. In deciding whether to grant
7943	certification, the Administration Commission shall determine
7944	whether the following criteria are being met:
7945	(a)  The petitioning local government has adopted and
7946	effectively implemented a local comprehensive plan and
7947	development regulations which comply with ss. 163.3161-163.3215,
7948	the Community Local Government Comprehensive Planning and Land
7949	Development Regulation Act.
7950	Section 55.  Section 380.0685, Florida Statutes, is amended
7951	to read:
7952	380.0685  State park in area of critical state concern in
7953	county which creates land authority; surcharge on admission and
7954	overnight occupancy.-The Department of Environmental Protection
7955	shall impose and collect a surcharge of 50 cents per person per
7956	day, or $5 per annual family auto entrance permit, on admission
7957	to all state parks in areas of critical state concern located in
7958	a county which creates a land authority pursuant to s.
7959	380.0663(1), and a surcharge of $2.50 per night per campsite,
7960	cabin, or other overnight recreational occupancy unit in state
7961	parks in areas of critical state concern located in a county
7962	which creates a land authority pursuant to s. 380.0663(1);
7963	however, no surcharge shall be imposed or collected under this
7964	section for overnight use by nonprofit groups of organized group
7965	camps, primitive camping areas, or other facilities intended
7966	primarily for organized group use. Such surcharges shall be
7967	imposed within 90 days after any county creating a land
7968	authority notifies the Department of Environmental Protection
7969	that the land authority has been created. The proceeds from such
7970	surcharges, less a collection fee that shall be kept by the
7971	Department of Environmental Protection for the actual cost of
7972	collection, not to exceed 2 percent, shall be transmitted to the
7973	land authority of the county from which the revenue was
7974	generated. Such funds shall be used to purchase property in the
7975	area or areas of critical state concern in the county from which
7976	the revenue was generated. An amount not to exceed 10 percent
7977	may be used for administration and other costs incident to such
7978	purchases. However, the proceeds of the surcharges imposed and
7979	collected pursuant to this section in a state park or parks
7980	located wholly within a municipality, less the costs of
7981	collection as provided herein, shall be transmitted to that
7982	municipality for use by the municipality for land acquisition or
7983	for beach renourishment or restoration, including, but not
7984	limited to, costs associated with any design, permitting,
7985	monitoring, and mitigation of such work, as well as the work
7986	itself. However, these funds may not be included in any
7987	calculation used for providing state matching funds for local
7988	contributions for beach renourishment or restoration. The
7989	surcharges levied under this section shall remain imposed as
7990	long as the land authority is in existence.
7991	Section 56.  Subsection (3) of section 380.115, Florida
7992	Statutes, is amended to read:
7993	380.115  Vested rights and duties; effect of size
7994	reduction, changes in guidelines and standards.-
7995	(3)  A landowner that has filed an application for a
7996	development-of-regional-impact review prior to the adoption of a
7997	an optional sector plan pursuant to s. 163.3245 may elect to
7998	have the application reviewed pursuant to s. 380.06,
7999	comprehensive plan provisions in force prior to adoption of the
8000	sector plan, and any requested comprehensive plan amendments
8001	that accompany the application.
8002	Section 57.  Subsection (1) of section 403.50665, Florida
8003	Statutes, is amended to read:
8004	403.50665  Land use consistency.-
8005	(1)  The applicant shall include in the application a
8006	statement on the consistency of the site and any associated
8007	facilities that constitute a "development," as defined in s.
8008	380.04, with existing land use plans and zoning ordinances that
8009	were in effect on the date the application was filed and a full
8010	description of such consistency. This information shall include
8011	an identification of those associated facilities that the
8012	applicant believes are exempt from the requirements of land use
8013	plans and zoning ordinances under the provisions of the
8014	Community Local Government Comprehensive Planning and Land
8015	Development Regulation Act provisions of chapter 163 and s.
8016	380.04(3).
8017	Section 58.  Subsection (13) and paragraph (a) of
8018	subsection (14) of section 403.973, Florida Statutes, are
8019	amended to read:
8020	403.973  Expedited permitting; amendments to comprehensive
8021	plans.-
8022	(13)  Notwithstanding any other provisions of law:
8023	(a)  Local comprehensive plan amendments for projects
8024	qualified under this section are exempt from the twice-a-year
8025	limits provision in s. 163.3187; and
8026	(b)  Projects qualified under this section are not subject
8027	to interstate highway level-of-service standards adopted by the
8028	Department of Transportation for concurrency purposes. The
8029	memorandum of agreement specified in subsection (5) must include
8030	a process by which the applicant will be assessed a fair share
8031	of the cost of mitigating the project's significant traffic
8032	impacts, as defined in chapter 380 and related rules. The
8033	agreement must also specify whether the significant traffic
8034	impacts on the interstate system will be mitigated through the
8035	implementation of a project or payment of funds to the
8036	Department of Transportation. Where funds are paid, the
8037	Department of Transportation must include in the 5-year work
8038	program transportation projects or project phases, in an amount
8039	equal to the funds received, to mitigate the traffic impacts
8040	associated with the proposed project.
8041	(14)(a)  Challenges to state agency action in the expedited
8042	permitting process for projects processed under this section are
8043	subject to the summary hearing provisions of s. 120.574, except
8044	that the administrative law judge's decision, as provided in s.
8045	120.574(2)(f), shall be in the form of a recommended order and
8046	do shall not constitute the final action of the state agency. In
8047	those proceedings where the action of only one agency of the
8048	state other than the Department of Environmental Protection is
8049	challenged, the agency of the state shall issue the final order
8050	within 45 working days after receipt of the administrative law
8051	judge's recommended order, and the recommended order shall
8052	inform the parties of their right to file exceptions or
8053	responses to the recommended order in accordance with the
8054	uniform rules of procedure pursuant to s. 120.54. In those
8055	proceedings where the actions of more than one agency of the
8056	state are challenged, the Governor shall issue the final order
8057	within 45 working days after receipt of the administrative law
8058	judge's recommended order, and the recommended order shall
8059	inform the parties of their right to file exceptions or
8060	responses to the recommended order in accordance with the
8061	uniform rules of procedure pursuant to s. 120.54. This paragraph
8062	does not apply to the issuance of department licenses required
8063	under any federally delegated or approved permit program. In
8064	such instances, the department shall enter the final order. The
8065	participating agencies of the state may opt at the preliminary
8066	hearing conference to allow the administrative law judge's
8067	decision to constitute the final agency action. If a
8068	participating local government agrees to participate in the
8069	summary hearing provisions of s. 120.574 for purposes of review
8070	of local government comprehensive plan amendments, s.
8071	163.3184(9) and (10) apply.
8072	Section 59.  Subsections (9) and (10) of section 420.5095,
8073	Florida Statutes, are amended to read:
8074	420.5095  Community Workforce Housing Innovation Pilot
8075	Program.-
8076	(9)  Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any
8077	local government comprehensive plan amendment to implement a
8078	Community Workforce Housing Innovation Pilot Program project
8079	found consistent with the provisions of this section shall be
8080	expedited as provided in this subsection. At least 30 days prior
8081	to adopting a plan amendment under this subsection, the local
8082	government shall notify the state land planning agency of its
8083	intent to adopt such an amendment, and the notice shall include
8084	its evaluation related to site suitability and availability of
8085	facilities and services. The public notice of the hearing
8086	required by s. 163.3184(11)(15)(b)2. shall include a statement
8087	that the local government intends to use the expedited adoption
8088	process authorized by this subsection. Such amendments shall
8089	require only a single public hearing before the governing board,
8090	which shall be an adoption hearing as described in s.
8091	163.3184(4)(e)(7). The state land planning agency shall issue
8092	its notice of intent pursuant to s. 163.3184(8) within 30 days
8093	after determining that the amendment package is complete. Any
8094	further proceedings shall be governed by s. ss. 163.3184(5)-
8095	(13)(9)-(16). Amendments proposed under this section are not
8096	subject to s. 163.3187(1), which limits the adoption of a
8097	comprehensive plan amendment to no more than two times during
8098	any calendar year.
8099	(10)  The processing of approvals of development orders or
8100	development permits, as defined in s. 163.3164(7) and (8), for
8101	innovative community workforce housing projects shall be
8102	expedited.
8103	Section 60.  Subsection (5) of section 420.615, Florida
8104	Statutes, is amended to read:
8105	420.615  Affordable housing land donation density bonus
8106	incentives.-
8107	(5)  The local government, as part of the approval process,
8108	shall adopt a comprehensive plan amendment, pursuant to part II
8109	of chapter 163, for the receiving land that incorporates the
8110	density bonus. Such amendment shall be adopted in the manner as
8111	required for small-scale amendments pursuant to s. 163.3187, is
8112	not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
8113	and is exempt from the limitation on the frequency of plan
8114	amendments as provided in s. 163.3187.
8115	Section 61.  Subsection (16) of section 420.9071, Florida
8116	Statutes, is amended to read:
8117	420.9071  Definitions.-As used in ss. 420.907-420.9079, the
8118	term:
8119	(16)  "Local housing incentive strategies" means local
8120	regulatory reform or incentive programs to encourage or
8121	facilitate affordable housing production, which include at a
8122	minimum, assurance that permits as defined in s. 163.3164(7) and
8123	(8) for affordable housing projects are expedited to a greater
8124	degree than other projects; an ongoing process for review of
8125	local policies, ordinances, regulations, and plan provisions
8126	that increase the cost of housing prior to their adoption; and a
8127	schedule for implementing the incentive strategies. Local
8128	housing incentive strategies may also include other regulatory
8129	reforms, such as those enumerated in s. 420.9076 or those
8130	recommended by the affordable housing advisory committee in its
8131	triennial evaluation of the implementation of affordable housing
8132	incentives, and adopted by the local governing body.
8133	Section 62.  Paragraph (a) of subsection (4) of section
8134	420.9076, Florida Statutes, is amended to read:
8135	420.9076  Adoption of affordable housing incentive
8136	strategies; committees.-
8137	(4)  Triennially, the advisory committee shall review the
8138	established policies and procedures, ordinances, land
8139	development regulations, and adopted local government
8140	comprehensive plan of the appointing local government and shall
8141	recommend specific actions or initiatives to encourage or
8142	facilitate affordable housing while protecting the ability of
8143	the property to appreciate in value. The recommendations may
8144	include the modification or repeal of existing policies,
8145	procedures, ordinances, regulations, or plan provisions; the
8146	creation of exceptions applicable to affordable housing; or the
8147	adoption of new policies, procedures, regulations, ordinances,
8148	or plan provisions, including recommendations to amend the local
8149	government comprehensive plan and corresponding regulations,
8150	ordinances, and other policies. At a minimum, each advisory
8151	committee shall submit a report to the local governing body that
8152	includes recommendations on, and triennially thereafter
8153	evaluates the implementation of, affordable housing incentives
8154	in the following areas:
8155	(a)  The processing of approvals of development orders or
8156	permits, as defined in s. 163.3164(7) and (8), for affordable
8157	housing projects is expedited to a greater degree than other
8158	projects.
8159
8160	The advisory committee recommendations may also include other
8161	affordable housing incentives identified by the advisory
8162	committee. Local governments that receive the minimum allocation
8163	under the State Housing Initiatives Partnership Program shall
8164	perform the initial review but may elect to not perform the
8165	triennial review.
8166	Section 63.  Subsection (1) of section 720.403, Florida
8167	Statutes, is amended to read:
8168	720.403  Preservation of residential communities; revival
8169	of declaration of covenants.-
8170	(1)  Consistent with required and optional elements of
8171	local comprehensive plans and other applicable provisions of the
8172	Community Local Government Comprehensive Planning and Land
8173	Development Regulation Act, homeowners are encouraged to
8174	preserve existing residential communities, promote available and
8175	affordable housing, protect structural and aesthetic elements of
8176	their residential community, and, as applicable, maintain roads
8177	and streets, easements, water and sewer systems, utilities,
8178	drainage improvements, conservation and open areas, recreational
8179	amenities, and other infrastructure and common areas that serve
8180	and support the residential community by the revival of a
8181	previous declaration of covenants and other governing documents
8182	that may have ceased to govern some or all parcels in the
8183	community.
8184	Section 64.  Subsection (6) of section 1013.30, Florida
8185	Statutes, is amended to read:
8186	1013.30  University campus master plans and campus
8187	development agreements.-
8188	(6)  Before a campus master plan is adopted, a copy of the
8189	draft master plan must be sent for review or made available
8190	electronically to the host and any affected local governments,
8191	the state land planning agency, the Department of Environmental
8192	Protection, the Department of Transportation, the Department of
8193	State, the Fish and Wildlife Conservation Commission, and the
8194	applicable water management district and regional planning
8195	council. At the request of a governmental entity, a hard copy of
8196	the draft master plan shall be submitted within 7 business days
8197	of an electronic copy being made available. These agencies must
8198	be given 90 days after receipt of the campus master plans in
8199	which to conduct their review and provide comments to the
8200	university board of trustees. The commencement of this review
8201	period must be advertised in newspapers of general circulation
8202	within the host local government and any affected local
8203	government to allow for public comment. Following receipt and
8204	consideration of all comments and the holding of an informal
8205	information session and at least two public hearings within the
8206	host jurisdiction, the university board of trustees shall adopt
8207	the campus master plan. It is the intent of the Legislature that
8208	the university board of trustees comply with the notice
8209	requirements set forth in s. 163.3184(11)(15) to ensure full
8210	public participation in this planning process. The informal
8211	public information session must be held before the first public
8212	hearing. The first public hearing shall be held before the draft
8213	master plan is sent to the agencies specified in this
8214	subsection. The second public hearing shall be held in
8215	conjunction with the adoption of the draft master plan by the
8216	university board of trustees. Campus master plans developed
8217	under this section are not rules and are not subject to chapter
8218	120 except as otherwise provided in this section.
8219	Section 65.  Section 1013.33, Florida Statutes, are amended
8220	to read:
8221	1013.33  Coordination of planning with local governing
8222	bodies.-
8223	(1)  It is the policy of this state to require the
8224	coordination of planning between boards and local governing
8225	bodies to ensure that plans for the construction and opening of
8226	public educational facilities are facilitated and coordinated in
8227	time and place with plans for residential development,
8228	concurrently with other necessary services. Such planning shall
8229	include the integration of the educational facilities plan and
8230	applicable policies and procedures of a board with the local
8231	comprehensive plan and land development regulations of local
8232	governments. The planning must include the consideration of
8233	allowing students to attend the school located nearest their
8234	homes when a new housing development is constructed near a
8235	county boundary and it is more feasible to transport the
8236	students a short distance to an existing facility in an adjacent
8237	county than to construct a new facility or transport students
8238	longer distances in their county of residence. The planning must
8239	also consider the effects of the location of public education
8240	facilities, including the feasibility of keeping central city
8241	facilities viable, in order to encourage central city
8242	redevelopment and the efficient use of infrastructure and to
8243	discourage uncontrolled urban sprawl. In addition, all parties
8244	to the planning process must consult with state and local road
8245	departments to assist in implementing the Safe Paths to Schools
8246	program administered by the Department of Transportation.
8247	(2)(a)  The school board, county, and nonexempt
8248	municipalities located within the geographic area of a school
8249	district shall enter into an interlocal agreement that jointly
8250	establishes the specific ways in which the plans and processes
8251	of the district school board and the local governments are to be
8252	coordinated. The interlocal agreements shall be submitted to the
8253	state land planning agency and the Office of Educational
8254	Facilities in accordance with a schedule published by the state
8255	land planning agency.
8256	(b)  The schedule must establish staggered due dates for
8257	submission of interlocal agreements that are executed by both
8258	the local government and district school board, commencing on
8259	March 1, 2003, and concluding by December 1, 2004, and must set
8260	the same date for all governmental entities within a school
8261	district. However, if the county where the school district is
8262	located contains more than 20 municipalities, the state land
8263	planning agency may establish staggered due dates for the
8264	submission of interlocal agreements by these municipalities. The
8265	schedule must begin with those areas where both the number of
8266	districtwide capital-outlay full-time-equivalent students equals
8267	80 percent or more of the current year's school capacity and the
8268	projected 5-year student growth rate is 1,000 or greater, or
8269	where the projected 5-year student growth rate is 10 percent or
8270	greater.
8271	(c)  If the student population has declined over the 5-year
8272	period preceding the due date for submittal of an interlocal
8273	agreement by the local government and the district school board,
8274	the local government and district school board may petition the
8275	state land planning agency for a waiver of one or more of the
8276	requirements of subsection (3). The waiver must be granted if
8277	the procedures called for in subsection (3) are unnecessary
8278	because of the school district's declining school age
8279	population, considering the district's 5-year work program
8280	prepared pursuant to s. 1013.35. The state land planning agency
8281	may modify or revoke the waiver upon a finding that the
8282	conditions upon which the waiver was granted no longer exist.
8283	The district school board and local governments must submit an
8284	interlocal agreement within 1 year after notification by the
8285	state land planning agency that the conditions for a waiver no
8286	longer exist.
8287	(d)  Interlocal agreements between local governments and
8288	district school boards adopted pursuant to s. 163.3177 before
8289	the effective date of subsections (2)-(7) (2)-(9) must be
8290	updated and executed pursuant to the requirements of subsections
8291	(2)-(7) (2)-(9), if necessary. Amendments to interlocal
8292	agreements adopted pursuant to subsections (2)-(7) (2)-(9) must
8293	be submitted to the state land planning agency within 30 days
8294	after execution by the parties for review consistent with
8295	subsections (3) and (4). Local governments and the district
8296	school board in each school district are encouraged to adopt a
8297	single interlocal agreement in which all join as parties. The
8298	state land planning agency shall assemble and make available
8299	model interlocal agreements meeting the requirements of
8300	subsections (2)-(7) (2)-(9) and shall notify local governments
8301	and, jointly with the Department of Education, the district
8302	school boards of the requirements of subsections (2)-(7) (2)-
8303	(9), the dates for compliance, and the sanctions for
8304	noncompliance. The state land planning agency shall be available
8305	to informally review proposed interlocal agreements. If the
8306	state land planning agency has not received a proposed
8307	interlocal agreement for informal review, the state land
8308	planning agency shall, at least 60 days before the deadline for
8309	submission of the executed agreement, renotify the local
8310	government and the district school board of the upcoming
8311	deadline and the potential for sanctions.
8312	(3)  At a minimum, the interlocal agreement must address
8313	interlocal agreement requirements in s. 163.31777 and, if
8314	applicable, s. 163.3180(6)(13)(g), except for exempt local
8315	governments as provided in s. 163.3177(12), and must address the
8316	following issues:
8317	(a)  A process by which each local government and the
8318	district school board agree and base their plans on consistent
8319	projections of the amount, type, and distribution of population
8320	growth and student enrollment. The geographic distribution of
8321	jurisdiction-wide growth forecasts is a major objective of the
8322	process.
8323	(b)  A process to coordinate and share information relating
8324	to existing and planned public school facilities, including
8325	school renovations and closures, and local government plans for
8326	development and redevelopment.
8327	(c)  Participation by affected local governments with the
8328	district school board in the process of evaluating potential
8329	school closures, significant renovations to existing schools,
8330	and new school site selection before land acquisition. Local
8331	governments shall advise the district school board as to the
8332	consistency of the proposed closure, renovation, or new site
8333	with the local comprehensive plan, including appropriate
8334	circumstances and criteria under which a district school board
8335	may request an amendment to the comprehensive plan for school
8336	siting.
8337	(d)  A process for determining the need for and timing of
8338	onsite and offsite improvements to support new construction,
8339	proposed expansion, or redevelopment of existing schools. The
8340	process shall address identification of the party or parties
8341	responsible for the improvements.
8342	(e)  A process for the school board to inform the local
8343	government regarding the effect of comprehensive plan amendments
8344	on school capacity. The capacity reporting must be consistent
8345	with laws and rules regarding measurement of school facility
8346	capacity and must also identify how the district school board
8347	will meet the public school demand based on the facilities work
8348	program adopted pursuant to s. 1013.35.
8349	(f)  Participation of the local governments in the
8350	preparation of the annual update to the school board's 5-year
8351	district facilities work program and educational plant survey
8352	prepared pursuant to s. 1013.35.
8353	(g)  A process for determining where and how joint use of
8354	either school board or local government facilities can be shared
8355	for mutual benefit and efficiency.
8356	(h)  A procedure for the resolution of disputes between the
8357	district school board and local governments, which may include
8358	the dispute resolution processes contained in chapters 164 and
8359	186.
8360	(i)  An oversight process, including an opportunity for
8361	public participation, for the implementation of the interlocal
8362	agreement.
8363	(4)(a)  The Office of Educational Facilities shall submit
8364	any comments or concerns regarding the executed interlocal
8365	agreement to the state land planning agency within 30 days after
8366	receipt of the executed interlocal agreement. The state land
8367	planning agency shall review the executed interlocal agreement
8368	to determine whether it is consistent with the requirements of
8369	subsection (3), the adopted local government comprehensive plan,
8370	and other requirements of law. Within 60 days after receipt of
8371	an executed interlocal agreement, the state land planning agency
8372	shall publish a notice of intent in the Florida Administrative
8373	Weekly and shall post a copy of the notice on the agency's
8374	Internet site. The notice of intent must state that the
8375	interlocal agreement is consistent or inconsistent with the
8376	requirements of subsection (3) and this subsection as
8377	appropriate.
8378	(b)  The state land planning agency's notice is subject to
8379	challenge under chapter 120; however, an affected person, as
8380	defined in s. 163.3184(1)(a), has standing to initiate the
8381	administrative proceeding, and this proceeding is the sole means
8382	available to challenge the consistency of an interlocal
8383	agreement required by this section with the criteria contained
8384	in subsection (3) and this subsection. In order to have
8385	standing, each person must have submitted oral or written
8386	comments, recommendations, or objections to the local government
8387	or the school board before the adoption of the interlocal
8388	agreement by the district school board and local government. The
8389	district school board and local governments are parties to any
8390	such proceeding. In this proceeding, when the state land
8391	planning agency finds the interlocal agreement to be consistent
8392	with the criteria in subsection (3) and this subsection, the
8393	interlocal agreement must be determined to be consistent with
8394	subsection (3) and this subsection if the local government's and
8395	school board's determination of consistency is fairly debatable.
8396	When the state land planning agency finds the interlocal
8397	agreement to be inconsistent with the requirements of subsection
8398	(3) and this subsection, the local government's and school
8399	board's determination of consistency shall be sustained unless
8400	it is shown by a preponderance of the evidence that the
8401	interlocal agreement is inconsistent.
8402	(c)  If the state land planning agency enters a final order
8403	that finds that the interlocal agreement is inconsistent with
8404	the requirements of subsection (3) or this subsection, the state
8405	land planning agency shall forward it to the Administration
8406	Commission, which may impose sanctions against the local
8407	government pursuant to s. 163.3184(11) and may impose sanctions
8408	against the district school board by directing the Department of
8409	Education to withhold an equivalent amount of funds for school
8410	construction available pursuant to ss. 1013.65, 1013.68,
8411	1013.70, and 1013.72.
8412	(5)  If an executed interlocal agreement is not timely
8413	submitted to the state land planning agency for review, the
8414	state land planning agency shall, within 15 working days after
8415	the deadline for submittal, issue to the local government and
8416	the district school board a notice to show cause why sanctions
8417	should not be imposed for failure to submit an executed
8418	interlocal agreement by the deadline established by the agency.
8419	The agency shall forward the notice and the responses to the
8420	Administration Commission, which may enter a final order citing
8421	the failure to comply and imposing sanctions against the local
8422	government and district school board by directing the
8423	appropriate agencies to withhold at least 5 percent of state
8424	funds pursuant to s. 163.3184(11) and by directing the
8425	Department of Education to withhold from the district school
8426	board at least 5 percent of funds for school construction
8427	available pursuant to ss. 1013.65, 1013.68, 1013.70, and
8428	1013.72.
8429	(6)  Any local government transmitting a public school
8430	element to implement school concurrency pursuant to the
8431	requirements of s. 163.3180 before the effective date of this
8432	section is not required to amend the element or any interlocal
8433	agreement to conform with the provisions of subsections (2)-(6)
8434	(2)-(8) if the element is adopted prior to or within 1 year
8435	after the effective date of subsections (2)-(6) (2)-(8) and
8436	remains in effect.
8437	(7)  Except as provided in subsection (8), municipalities
8438	meeting the exemption criteria in s. 163.3177(12) are exempt
8439	from the requirements of subsections (2), (3), and (4).
8440	(8)  At the time of the evaluation and appraisal report,
8441	each exempt municipality shall assess the extent to which it
8442	continues to meet the criteria for exemption under s.
8443	163.3177(12). If the municipality continues to meet these
8444	criteria, the municipality shall continue to be exempt from the
8445	interlocal agreement requirement. Each municipality exempt under
8446	s. 163.3177(12) must comply with the provisions of subsections
8447	(2)-(8) within 1 year after the district school board proposes,
8448	in its 5-year district facilities work program, a new school
8449	within the municipality's jurisdiction.
8450	(7)(9)  A board and the local governing body must share and
8451	coordinate information related to existing and planned school
8452	facilities; proposals for development, redevelopment, or
8453	additional development; and infrastructure required to support
8454	the school facilities, concurrent with proposed development. A
8455	school board shall use information produced by the demographic,
8456	revenue, and education estimating conferences pursuant to s.
8457	216.136 when preparing the district educational facilities plan
8458	pursuant to s. 1013.35, as modified and agreed to by the local
8459	governments, when provided by interlocal agreement, and the
8460	Office of Educational Facilities, in consideration of local
8461	governments' population projections, to ensure that the district
8462	educational facilities plan not only reflects enrollment
8463	projections but also considers applicable municipal and county
8464	growth and development projections. The projections must be
8465	apportioned geographically with assistance from the local
8466	governments using local government trend data and the school
8467	district student enrollment data. A school board is precluded
8468	from siting a new school in a jurisdiction where the school
8469	board has failed to provide the annual educational facilities
8470	plan for the prior year required pursuant to s. 1013.35 unless
8471	the failure is corrected.
8472	(8)(10)  The location of educational facilities shall be
8473	consistent with the comprehensive plan of the appropriate local
8474	governing body developed under part II of chapter 163 and
8475	consistent with the plan's implementing land development
8476	regulations.
8477	(9)(11)  To improve coordination relative to potential
8478	educational facility sites, a board shall provide written notice
8479	to the local government that has regulatory authority over the
8480	use of the land consistent with an interlocal agreement entered
8481	pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior
8482	to acquiring or leasing property that may be used for a new
8483	public educational facility. The local government, upon receipt
8484	of this notice, shall notify the board within 45 days if the
8485	site proposed for acquisition or lease is consistent with the
8486	land use categories and policies of the local government's
8487	comprehensive plan. This preliminary notice does not constitute
8488	the local government's determination of consistency pursuant to
8489	subsection (10) (12).
8490	(10)(12)  As early in the design phase as feasible and
8491	consistent with an interlocal agreement entered pursuant to
8492	subsections (2)-(6) (2)-(8), but no later than 90 days before
8493	commencing construction, the district school board shall in
8494	writing request a determination of consistency with the local
8495	government's comprehensive plan. The local governing body that
8496	regulates the use of land shall determine, in writing within 45
8497	days after receiving the necessary information and a school
8498	board's request for a determination, whether a proposed
8499	educational facility is consistent with the local comprehensive
8500	plan and consistent with local land development regulations. If
8501	the determination is affirmative, school construction may
8502	commence and further local government approvals are not
8503	required, except as provided in this section. Failure of the
8504	local governing body to make a determination in writing within
8505	90 days after a district school board's request for a
8506	determination of consistency shall be considered an approval of
8507	the district school board's application. Campus master plans and
8508	development agreements must comply with the provisions of ss.
8509	1013.30 and 1013.63.
8510	(11)(13)  A local governing body may not deny the site
8511	applicant based on adequacy of the site plan as it relates
8512	solely to the needs of the school. If the site is consistent
8513	with the comprehensive plan's land use policies and categories
8514	in which public schools are identified as allowable uses, the
8515	local government may not deny the application but it may impose
8516	reasonable development standards and conditions in accordance
8517	with s. 1013.51(1) and consider the site plan and its adequacy
8518	as it relates to environmental concerns, health, safety and
8519	welfare, and effects on adjacent property. Standards and
8520	conditions may not be imposed which conflict with those
8521	established in this chapter or the Florida Building Code, unless
8522	mutually agreed and consistent with the interlocal agreement
8523	required by subsections (2)-(6) (2)-(8).
8524	(12)(14)  This section does not prohibit a local governing
8525	body and district school board from agreeing and establishing an
8526	alternative process for reviewing a proposed educational
8527	facility and site plan, and offsite impacts, pursuant to an
8528	interlocal agreement adopted in accordance with subsections (2)-
8529	(6) (2)-(8).
8530	(13)(15)  Existing schools shall be considered consistent
8531	with the applicable local government comprehensive plan adopted
8532	under part II of chapter 163. If a board submits an application
8533	to expand an existing school site, the local governing body may
8534	impose reasonable development standards and conditions on the
8535	expansion only, and in a manner consistent with s. 1013.51(1).
8536	Standards and conditions may not be imposed which conflict with
8537	those established in this chapter or the Florida Building Code,
8538	unless mutually agreed. Local government review or approval is
8539	not required for:
8540	(a)  The placement of temporary or portable classroom
8541	facilities; or
8542	(b)  Proposed renovation or construction on existing school
8543	sites, with the exception of construction that changes the
8544	primary use of a facility, includes stadiums, or results in a
8545	greater than 5 percent increase in student capacity, or as
8546	mutually agreed upon, pursuant to an interlocal agreement
8547	adopted in accordance with subsections (2)-(6)(8).
8548	Section 66.  Paragraph (b) of subsection (2) of section
8549	1013.35, Florida Statutes, is amended to read:
8550	1013.35  School district educational facilities plan;
8551	definitions; preparation, adoption, and amendment; long-term
8552	work programs.-
8553	(2)  PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
8554	FACILITIES PLAN.-
8555	(b)  The plan must also include a financially feasible
8556	district facilities work program for a 5-year period. The work
8557	program must include:
8558	1.  A schedule of major repair and renovation projects
8559	necessary to maintain the educational facilities and ancillary
8560	facilities of the district.
8561	2.  A schedule of capital outlay projects necessary to
8562	ensure the availability of satisfactory student stations for the
8563	projected student enrollment in K-12 programs. This schedule
8564	shall consider:
8565	a.  The locations, capacities, and planned utilization
8566	rates of current educational facilities of the district. The
8567	capacity of existing satisfactory facilities, as reported in the
8568	Florida Inventory of School Houses must be compared to the
8569	capital outlay full-time-equivalent student enrollment as
8570	determined by the department, including all enrollment used in
8571	the calculation of the distribution formula in s. 1013.64.
8572	b.  The proposed locations of planned facilities, whether
8573	those locations are consistent with the comprehensive plans of
8574	all affected local governments, and recommendations for
8575	infrastructure and other improvements to land adjacent to
8576	existing facilities. The provisions of ss. 1013.33(10), (11),
8577	and (12), (13), and (14) and 1013.36 must be addressed for new
8578	facilities planned within the first 3 years of the work plan, as
8579	appropriate.
8580	c.  Plans for the use and location of relocatable
8581	facilities, leased facilities, and charter school facilities.
8582	d.  Plans for multitrack scheduling, grade level
8583	organization, block scheduling, or other alternatives that
8584	reduce the need for additional permanent student stations.
8585	e.  Information concerning average class size and
8586	utilization rate by grade level within the district which will
8587	result if the tentative district facilities work program is
8588	fully implemented.
8589	f.  The number and percentage of district students planned
8590	to be educated in relocatable facilities during each year of the
8591	tentative district facilities work program. For determining
8592	future needs, student capacity may not be assigned to any
8593	relocatable classroom that is scheduled for elimination or
8594	replacement with a permanent educational facility in the current
8595	year of the adopted district educational facilities plan and in
8596	the district facilities work program adopted under this section.
8597	Those relocatable classrooms clearly identified and scheduled
8598	for replacement in a school-board-adopted, financially feasible,
8599	5-year district facilities work program shall be counted at zero
8600	capacity at the time the work program is adopted and approved by
8601	the school board. However, if the district facilities work
8602	program is changed and the relocatable classrooms are not
8603	replaced as scheduled in the work program, the classrooms must
8604	be reentered into the system and be counted at actual capacity.
8605	Relocatable classrooms may not be perpetually added to the work
8606	program or continually extended for purposes of circumventing
8607	this section. All relocatable classrooms not identified and
8608	scheduled for replacement, including those owned, lease-
8609	purchased, or leased by the school district, must be counted at
8610	actual student capacity. The district educational facilities
8611	plan must identify the number of relocatable student stations
8612	scheduled for replacement during the 5-year survey period and
8613	the total dollar amount needed for that replacement.
8614	g.  Plans for the closure of any school, including plans
8615	for disposition of the facility or usage of facility space, and
8616	anticipated revenues.
8617	h.  Projects for which capital outlay and debt service
8618	funds accruing under s. 9(d), Art. XII of the State Constitution
8619	are to be used shall be identified separately in priority order
8620	on a project priority list within the district facilities work
8621	program.
8622	3.  The projected cost for each project identified in the
8623	district facilities work program. For proposed projects for new
8624	student stations, a schedule shall be prepared comparing the
8625	planned cost and square footage for each new student station, by
8626	elementary, middle, and high school levels, to the low, average,
8627	and high cost of facilities constructed throughout the state
8628	during the most recent fiscal year for which data is available
8629	from the Department of Education.
8630	4.  A schedule of estimated capital outlay revenues from
8631	each currently approved source which is estimated to be
8632	available for expenditure on the projects included in the
8633	district facilities work program.
8634	5.  A schedule indicating which projects included in the
8635	district facilities work program will be funded from current
8636	revenues projected in subparagraph 4.
8637	6.  A schedule of options for the generation of additional
8638	revenues by the district for expenditure on projects identified
8639	in the district facilities work program which are not funded
8640	under subparagraph 5. Additional anticipated revenues may
8641	include effort index grants, SIT Program awards, and Classrooms
8642	First funds.
8643	Section 67.  Rules 9J-5 and 9J-11.023, Florida
8644	Administrative Code, are repealed, and the Department of State
8645	is directed to remove those rules from the Florida
8646	Administrative Code.
8647	Section 68.  Any permit or any other authorization that was
8648	extended under section 14 of chapter 2009-96, Laws of Florida,
8649	as reauthorized by section 47 of chapter 2010-147, Laws of
8650	Florida, is extended and renewed for an additional period of 2
8651	years from its extended expiration date. The holder of a valid
8652	permit or other authorization that is eligible for the
8653	additional 2-year extension must notify the authorizing agency
8654	in writing by December 31, 2011, identifying the specific
8655	authorization for which the holder intends to use the extension
8656	and the anticipated timeframe for acting on the authorization.
8657	Section 69.  (1)  The state land planning agency, within 60
8658	days after the effective date of this act, shall review any
8659	administrative or judicial proceeding filed by the agency and
8660	pending on the effective date of this act to determine whether
8661	the issues raised by the state land planning agency are
8662	consistent with the revised provisions of part II of chapter
8663	163, Florida Statutes. For each proceeding, if the agency
8664	determines that issues have been raised that are not consistent
8665	with the revised provisions of part II of chapter 163, Florida
8666	Statutes, the agency shall dismiss the proceeding. If the state
8667	land planning agency determines that one or more issues have
8668	been raised that are consistent with the revised provisions of
8669	part II of chapter 163, Florida Statutes, the agency shall amend
8670	its petition within 30 days after the determination to plead
8671	with particularity as to the manner in which the plan or plan
8672	amendment fails to meet the revised provisions of part II of
8673	chapter 163, Florida Statutes. If the agency fails to timely
8674	file such amended petition, the proceeding shall be dismissed.
8675	(2)  In all proceedings that were initiated by the state
8676	land planning agency before the effective date of this act, and
8677	continue after that date, the local government's determination
8678	that the comprehensive plan or plan amendment is in compliance
8679	is presumed to be correct, and the local government's
8680	determination shall be sustained unless it is shown by a
8681	preponderance of the evidence that the comprehensive plan or
8682	plan amendment is not in compliance.
8683	Section 70.  In accordance with s. 1.04, Florida Statutes,
8684	the provisions of law amended by this act shall be construed in
8685	pari materia with the provisions of law reenacted by Senate Bill
8686	174 or HB 7001, 2011 Regular Session, whichever becomes law, and
8687	incorporated therein. In addition, if any law amended by this
8688	act is also amended by any other law enacted at the same
8689	legislative session or an extension thereof which becomes law,
8690	full effect shall be given to each if possible.
8691	Section 71.  The Division of Statutory Revision is directed
8692	to replace the phrase "the effective date of this act" wherever
8693	it occurs in this act with the date this act becomes a law.
8694	Section 72.  This act shall take effect upon becoming a
8695	law.

CODING: Words stricken are deletions; words underlined are additions.