Florida Senate - 2012                              CS for SB 842
       
       
       
       By the Committee on Community Affairs; and Senator Bennett
       
       
       
       
       578-02164-12                                           2012842c1
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3167, F.S.; authorizing a local government to
    4         retain certain charter provisions that were in effect
    5         as of a specified date and that relate to an
    6         initiative or referendum process; amending s.
    7         163.3174, F.S.; requiring a local land planning agency
    8         to periodically evaluate and appraise a comprehensive
    9         plan; amending s. 163.3175, F.S.; requiring comments
   10         by military installations to be considered by local
   11         governments in a manner consistent with s. 163.3184,
   12         F.S.; specifying comments to be considered by the
   13         local government; amending s. 163.3177, F.S.; revising
   14         the housing and intergovernmental coordination
   15         elements of comprehensive plans; amending s.
   16         163.31777, F.S.; exempting certain municipalities from
   17         public schools interlocal-agreement requirements;
   18         providing requirements for municipalities meeting the
   19         exemption criteria; amending s. 163.3178, F.S.;
   20         replacing a reference to the Department of Community
   21         Affairs with the state land planning agency; deleting
   22         provisions relating to the Coastal Resources
   23         Interagency Management Committee; amending s.
   24         163.3180, F.S., relating to concurrency; revising and
   25         providing requirements relating to public facilities
   26         and services, public education facilities, and local
   27         school concurrency system requirements; deleting
   28         provisions excluding a municipality that is not a
   29         signatory to a certain interlocal agreement from
   30         participating in a school concurrency system; amending
   31         s. 163.3184, F.S.; revising provisions relating to the
   32         expedited state review process for adoption of
   33         comprehensive plan amendments; clarifying the time in
   34         which a local government must transmit an amendment to
   35         a comprehensive plan and supporting data and analyses
   36         to the reviewing agencies; deleting the deadlines in
   37         administrative challenges to comprehensive plans and
   38         plan amendments for the entry of final orders and
   39         referrals of recommended orders; specifying a deadline
   40         for the state land planning agency to issue a notice
   41         of intent after receiving a complete comprehensive
   42         plan or plan amendment adopted pursuant to a
   43         compliance agreement; amending s. 163.3191, F.S.;
   44         conforming a cross-reference to changes made by the
   45         act; amending s. 163.3245, F.S.; deleting an obsolete
   46         cross-reference; deleting a reporting requirement
   47         relating to optional sector plans; amending s.
   48         186.002, F.S.; deleting a requirement for the Governor
   49         to consider certain evaluation and appraisal reports
   50         in preparing certain plans and amendments; amending s.
   51         186.007, F.S.; deleting a requirement for the Governor
   52         to consider certain evaluation and appraisal reports
   53         when reviewing the state comprehensive plan; amending
   54         s. 186.505, F.S.; requiring a regional planning
   55         council to determine before accepting a grant that the
   56         purpose of the grant is in furtherance of its
   57         functions; prohibiting a regional planning council
   58         from providing consulting services for a fee to any
   59         local government for a project for which the council
   60         will serve in a review capacity; prohibiting a
   61         regional planning council from providing consulting
   62         services to a private developer or landowner for a
   63         project for which the council may serve in a review
   64         capacity in the future; amending s. 186.508, F.S.;
   65         requiring that regional planning councils coordinate
   66         implementation of the strategic regional policy plans
   67         with the evaluation and appraisal process; amending s.
   68         189.415, F.S.; requiring an independent special
   69         district to update its public facilities report every
   70         7 years and at least 12 months before the submission
   71         date of the evaluation and appraisal notification
   72         letter; requiring the Department of Economic
   73         Opportunity to post a schedule of the due dates for
   74         public facilities reports and updates that independent
   75         special districts must provide to local governments;
   76         amending s. 288.975, F.S.; deleting a provision
   77         exempting local government plan amendments necessary
   78         to initially adopt the military base reuse plan from a
   79         limitation on the frequency of plan amendments;
   80         amending s. 380.06, F.S.; correcting cross-references;
   81         amending s. 380.115, F.S.; adding a cross-reference
   82         for exempt developments; amending s. 1013.33, F.S.;
   83         deleting redundant requirements for interlocal
   84         agreements relating to public education facilities;
   85         amending s. 1013.35, F.S.; deleting a cross-reference
   86         to conform to changes made by the act; amending s.
   87         1013.351, F.S.; deleting redundant requirements for
   88         the submission of certain interlocal agreements to the
   89         Office of Educational Facilities and the state land
   90         planning agency and for review of the interlocal
   91         agreement by the office and the agency; amending s.
   92         1013.36, F.S.; deleting an obsolete cross-reference;
   93         providing an effective date.
   94  
   95  Be It Enacted by the Legislature of the State of Florida:
   96  
   97         Section 1. Subsection (8) of section 163.3167, Florida
   98  Statutes, is amended to read:
   99         163.3167 Scope of act.—
  100         (8) An initiative or referendum process in regard to any
  101  development order or in regard to any local comprehensive plan
  102  amendment or map amendment is prohibited. However, any local
  103  government charter provision that was in effect as of June 1,
  104  2011, for an initiative or referendum process in regard to
  105  development orders or in regard to local comprehensive plan
  106  amendments or map amendments may be retained and implemented.
  107         Section 2. Paragraph (b) of subsection (4) of section
  108  163.3174, Florida Statutes, is amended to read:
  109         163.3174 Local planning agency.—
  110         (4) The local planning agency shall have the general
  111  responsibility for the conduct of the comprehensive planning
  112  program. Specifically, the local planning agency shall:
  113         (b) Monitor and oversee the effectiveness and status of the
  114  comprehensive plan and recommend to the governing body such
  115  changes in the comprehensive plan as may from time to time be
  116  required, including the periodic evaluation and appraisal of the
  117  comprehensive plan preparation of the periodic reports required
  118  by s. 163.3191.
  119         Section 3. Subsections (5) and (6) of section 163.3175,
  120  Florida Statutes, are amended to read
  121         163.3175 Legislative findings on compatibility of
  122  development with military installations; exchange of information
  123  between local governments and military installations.—
  124         (5) The commanding officer or his or her designee may
  125  provide comments to the affected local government on the impact
  126  such proposed changes may have on the mission of the military
  127  installation. Such comments may include:
  128         (a) If the installation has an airfield, whether such
  129  proposed changes will be incompatible with the safety and noise
  130  standards contained in the Air Installation Compatible Use Zone
  131  (AICUZ) adopted by the military installation for that airfield;
  132         (b) Whether such changes are incompatible with the
  133  Installation Environmental Noise Management Program (IENMP) of
  134  the United States Army;
  135         (c) Whether such changes are incompatible with the findings
  136  of a Joint Land Use Study (JLUS) for the area if one has been
  137  completed; and
  138         (d) Whether the military installation’s mission will be
  139  adversely affected by the proposed actions of the county or
  140  affected local government.
  141  
  142  The commanding officer’s comments, underlying studies, and
  143  reports shall be considered by the local government in the same
  144  manner as the comments received from other reviewing agencies
  145  pursuant to s. 163.3184 are not binding on the local government.
  146         (6) The affected local government shall take into
  147  consideration any comments provided by the commanding officer or
  148  his or her designee pursuant to subsection (4) as they relate to
  149  the strategic mission of the base, public safety, and the
  150  economic vitality associated with the base’s operation, while
  151  also respecting and must also be sensitive to private property
  152  rights and not be unduly restrictive on those rights. The
  153  affected local government shall forward a copy of any comments
  154  regarding comprehensive plan amendments to the state land
  155  planning agency.
  156         Section 4. Paragraph (h) of subsection (6) of section
  157  163.3177, Florida Statutes, is amended to read:
  158         163.3177 Required and optional elements of comprehensive
  159  plan; studies and surveys.—
  160         (6) In addition to the requirements of subsections (1)-(5),
  161  the comprehensive plan shall include the following elements:
  162         (h)1. An intergovernmental coordination element showing
  163  relationships and stating principles and guidelines to be used
  164  in coordinating the adopted comprehensive plan with the plans of
  165  school boards, regional water supply authorities, and other
  166  units of local government providing services but not having
  167  regulatory authority over the use of land, with the
  168  comprehensive plans of adjacent municipalities, the county,
  169  adjacent counties, or the region, with the state comprehensive
  170  plan and with the applicable regional water supply plan approved
  171  pursuant to s. 373.709, as the case may require and as such
  172  adopted plans or plans in preparation may exist. This element of
  173  the local comprehensive plan must demonstrate consideration of
  174  the particular effects of the local plan, when adopted, upon the
  175  development of adjacent municipalities, the county, adjacent
  176  counties, or the region, or upon the state comprehensive plan,
  177  as the case may require.
  178         a. The intergovernmental coordination element must provide
  179  procedures for identifying and implementing joint planning
  180  areas, especially for the purpose of annexation, municipal
  181  incorporation, and joint infrastructure service areas.
  182         b. The intergovernmental coordination element shall provide
  183  for a dispute resolution process, as established pursuant to s.
  184  186.509, for bringing intergovernmental disputes to closure in a
  185  timely manner.
  186         c. The intergovernmental coordination element shall provide
  187  for interlocal agreements as established pursuant to s.
  188  333.03(1)(b).
  189         2. The intergovernmental coordination element shall also
  190  state principles and guidelines to be used in coordinating the
  191  adopted comprehensive plan with the plans of school boards and
  192  other units of local government providing facilities and
  193  services but not having regulatory authority over the use of
  194  land. In addition, the intergovernmental coordination element
  195  must describe joint processes for collaborative planning and
  196  decisionmaking on population projections and public school
  197  siting, the location and extension of public facilities subject
  198  to concurrency, and siting facilities with countywide
  199  significance, including locally unwanted land uses whose nature
  200  and identity are established in an agreement.
  201         3. Within 1 year after adopting their intergovernmental
  202  coordination elements, each county, all the municipalities
  203  within that county, the district school board, and any unit of
  204  local government service providers in that county shall
  205  establish by interlocal or other formal agreement executed by
  206  all affected entities, the joint processes described in this
  207  subparagraph consistent with their adopted intergovernmental
  208  coordination elements. The agreement element must:
  209         a. Ensure that the local government addresses through
  210  coordination mechanisms the impacts of development proposed in
  211  the local comprehensive plan upon development in adjacent
  212  municipalities, the county, adjacent counties, the region, and
  213  the state. The area of concern for municipalities includes shall
  214  include adjacent municipalities, the county, and counties
  215  adjacent to the municipality. The area of concern for counties
  216  includes shall include all municipalities within the county,
  217  adjacent counties, and adjacent municipalities.
  218         b. Ensure coordination in establishing level of service
  219  standards for public facilities with any state, regional, or
  220  local entity having operational and maintenance responsibility
  221  for such facilities.
  222         Section 5. Subsections (3) and (4) are added to section
  223  163.31777, Florida Statutes, to read:
  224         163.31777 Public schools interlocal agreement.—
  225         (3) A municipality is exempt from the requirements of
  226  subsections (1) and (2) if the municipality meets all of the
  227  following criteria for having no significant impact on school
  228  attendance:
  229         (a) The municipality has issued development orders for
  230  fewer than 50 residential dwelling units during the preceding 5
  231  years, or the municipality has generated fewer than 25
  232  additional public school students during the preceding 5 years.
  233         (b) The municipality has not annexed new land during the
  234  preceding 5 years in land use categories that permit residential
  235  uses that will affect school attendance rates.
  236         (c) The municipality has no public schools located within
  237  its boundaries.
  238         (d) At least 80 percent of the developable land within the
  239  boundaries of the municipality has been built upon.
  240         (4) At the time of the evaluation and appraisal of its
  241  comprehensive plan pursuant to s. 163.3191, each exempt
  242  municipality shall assess the extent to which it continues to
  243  meet the criteria for exemption under subsection (3). If the
  244  municipality continues to meet the criteria for exemption under
  245  subsection (3), the municipality shall continue to be exempt
  246  from the interlocal-agreement requirement. Each municipality
  247  exempt under subsection (3) must comply with this section within
  248  1 year after the district school board proposes, in its 5-year
  249  district facilities work program, a new school within the
  250  municipality’s jurisdiction.
  251         Section 6. Subsections (3) and (6) of section 163.3178,
  252  Florida Statutes, are amended to read:
  253         163.3178 Coastal management.—
  254         (3) Expansions to port harbors, spoil disposal sites,
  255  navigation channels, turning basins, harbor berths, and other
  256  related inwater harbor facilities of ports listed in s.
  257  403.021(9); port transportation facilities and projects listed
  258  in s. 311.07(3)(b); intermodal transportation facilities
  259  identified pursuant to s. 311.09(3); and facilities determined
  260  by the state land planning agency Department of Community
  261  Affairs and applicable general-purpose local government to be
  262  port-related industrial or commercial projects located within 3
  263  miles of or in a port master plan area which rely upon the use
  264  of port and intermodal transportation facilities shall not be
  265  designated as developments of regional impact if such
  266  expansions, projects, or facilities are consistent with
  267  comprehensive master plans that are in compliance with this
  268  section.
  269         (6) Local governments are encouraged to adopt countywide
  270  marina siting plans to designate sites for existing and future
  271  marinas. The Coastal Resources Interagency Management Committee,
  272  at the direction of the Legislature, shall identify incentives
  273  to encourage local governments to adopt such siting plans and
  274  uniform criteria and standards to be used by local governments
  275  to implement state goals, objectives, and policies relating to
  276  marina siting. These criteria must ensure that priority is given
  277  to water-dependent land uses. Countywide marina siting plans
  278  must be consistent with state and regional environmental
  279  planning policies and standards. Each local government in the
  280  coastal area which participates in adoption of a countywide
  281  marina siting plan shall incorporate the plan into the coastal
  282  management element of its local comprehensive plan.
  283         Section 7. Paragraph (a) of subsection (1) and paragraphs
  284  (a), (i), (j), and (k) of subsection (6) of section 163.3180,
  285  Florida Statutes, are amended to read:
  286         163.3180 Concurrency.—
  287         (1) Sanitary sewer, solid waste, drainage, and potable
  288  water are the only public facilities and services subject to the
  289  concurrency requirement on a statewide basis. Additional public
  290  facilities and services may not be made subject to concurrency
  291  on a statewide basis without approval by the Legislature;
  292  however, any local government may extend the concurrency
  293  requirement so that it applies to additional public facilities
  294  within its jurisdiction.
  295         (a) If concurrency is applied to other public facilities,
  296  the local government comprehensive plan must provide the
  297  principles, guidelines, standards, and strategies, including
  298  adopted levels of service, to guide its application. In order
  299  for a local government to rescind any optional concurrency
  300  provisions, a comprehensive plan amendment is required. An
  301  amendment rescinding optional concurrency issues shall be
  302  processed under the expedited state review process in s.
  303  163.3184(3), but the amendment is not subject to state review
  304  and is not required to be transmitted to the reviewing agencies
  305  for comments, except that the local government shall transmit
  306  the amendment to any local government or government agency that
  307  has filed a request with the governing body, and for municipal
  308  amendments, the amendment shall be transmitted to the county in
  309  which the municipality is located. For informational purposes
  310  only, a copy of the adopted amendment shall be provided to the
  311  state land planning agency. A copy of the adopted amendment
  312  shall also be provided to the Department of Transportation if
  313  the amendment rescinds transportation concurrency and to the
  314  Department of Education if the amendment rescinds school
  315  concurrency.
  316         (6)(a) Local governments that apply If concurrency is
  317  applied to public education facilities, all local governments
  318  within a county, except as provided in paragraph (i), shall
  319  include principles, guidelines, standards, and strategies,
  320  including adopted levels of service, in their comprehensive
  321  plans and interlocal agreements. The choice of one or more
  322  municipalities to not adopt school concurrency and enter into
  323  the interlocal agreement does not preclude implementation of
  324  school concurrency within other jurisdictions of the school
  325  district if the county and one or more municipalities have
  326  adopted school concurrency into their comprehensive plan and
  327  interlocal agreement that represents at least 80 percent of the
  328  total countywide population, the failure of one or more
  329  municipalities to adopt the concurrency and enter into the
  330  interlocal agreement does not preclude implementation of school
  331  concurrency within jurisdictions of the school district that
  332  have opted to implement concurrency. All local government
  333  provisions included in comprehensive plans regarding school
  334  concurrency within a county must be consistent with each other
  335  as well as the requirements of this part.
  336         (i) A municipality is not required to be a signatory to the
  337  interlocal agreement required by paragraph (j), as a
  338  prerequisite for imposition of school concurrency, and as a
  339  nonsignatory, may not participate in the adopted local school
  340  concurrency system, if the municipality meets all of the
  341  following criteria for having no significant impact on school
  342  attendance:
  343         1. The municipality has issued development orders for fewer
  344  than 50 residential dwelling units during the preceding 5 years,
  345  or the municipality has generated fewer than 25 additional
  346  public school students during the preceding 5 years.
  347         2. The municipality has not annexed new land during the
  348  preceding 5 years in land use categories which permit
  349  residential uses that will affect school attendance rates.
  350         3. The municipality has no public schools located within
  351  its boundaries.
  352         4. At least 80 percent of the developable land within the
  353  boundaries of the municipality has been built upon.
  354         (i)(j) When establishing concurrency requirements for
  355  public schools, a local government must enter into an interlocal
  356  agreement that satisfies the requirements in ss.
  357  163.3177(6)(h)1. and 2. and 163.31777 and the requirements of
  358  this subsection. The interlocal agreement shall acknowledge both
  359  the school board’s constitutional and statutory obligations to
  360  provide a uniform system of free public schools on a countywide
  361  basis, and the land use authority of local governments,
  362  including their authority to approve or deny comprehensive plan
  363  amendments and development orders. The interlocal agreement
  364  shall meet the following requirements:
  365         1. Establish the mechanisms for coordinating the
  366  development, adoption, and amendment of each local government’s
  367  school concurrency related provisions of the comprehensive plan
  368  with each other and the plans of the school board to ensure a
  369  uniform districtwide school concurrency system.
  370         2. Specify uniform, districtwide level-of-service standards
  371  for public schools of the same type and the process for
  372  modifying the adopted level-of-service standards.
  373         3. Define the geographic application of school concurrency.
  374  If school concurrency is to be applied on a less than
  375  districtwide basis in the form of concurrency service areas, the
  376  agreement shall establish criteria and standards for the
  377  establishment and modification of school concurrency service
  378  areas. The agreement shall ensure maximum utilization of school
  379  capacity, taking into account transportation costs and court
  380  approved desegregation plans, as well as other factors.
  381         4. Establish a uniform districtwide procedure for
  382  implementing school concurrency which provides for:
  383         a. The evaluation of development applications for
  384  compliance with school concurrency requirements, including
  385  information provided by the school board on affected schools,
  386  impact on levels of service, and programmed improvements for
  387  affected schools and any options to provide sufficient capacity;
  388         b. An opportunity for the school board to review and
  389  comment on the effect of comprehensive plan amendments and
  390  rezonings on the public school facilities plan; and
  391         c. The monitoring and evaluation of the school concurrency
  392  system.
  393         5. A process and uniform methodology for determining
  394  proportionate-share mitigation pursuant to paragraph (h).
  395         (j)(k) This subsection does not limit the authority of a
  396  local government to grant or deny a development permit or its
  397  functional equivalent prior to the implementation of school
  398  concurrency.
  399         Section 8. Paragraphs (b) and (c) of subsection (3),
  400  paragraphs (b) and (e) of subsection (4), paragraphs (b), (d),
  401  and (e) of subsection (5), paragraph (f) of subsection (6), and
  402  subsection (12) of section 163.3184, Florida Statutes, are
  403  amended to read:
  404         163.3184 Process for adoption of comprehensive plan or plan
  405  amendment.—
  406         (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
  407  COMPREHENSIVE PLAN AMENDMENTS.—
  408         (b)1. The local government, after the initial public
  409  hearing held pursuant to subsection (11), shall transmit within
  410  10 calendar days the amendment or amendments and appropriate
  411  supporting data and analyses to the reviewing agencies. The
  412  local governing body shall also transmit a copy of the
  413  amendments and supporting data and analyses to any other local
  414  government or governmental agency that has filed a written
  415  request with the governing body.
  416         2. The reviewing agencies and any other local government or
  417  governmental agency specified in subparagraph 1. may provide
  418  comments regarding the amendment or amendments to the local
  419  government. State agencies shall only comment on important state
  420  resources and facilities that will be adversely impacted by the
  421  amendment if adopted. Comments provided by state agencies shall
  422  state with specificity how the plan amendment will adversely
  423  impact an important state resource or facility and shall
  424  identify measures the local government may take to eliminate,
  425  reduce, or mitigate the adverse impacts. Such comments, if not
  426  resolved, may result in a challenge by the state land planning
  427  agency to the plan amendment. Agencies and local governments
  428  must transmit their comments to the affected local government
  429  such that they are received by the local government not later
  430  than 30 days from the date on which the agency or government
  431  received the amendment or amendments. Reviewing agencies shall
  432  also send a copy of their comments to the state land planning
  433  agency.
  434         3. Comments to the local government from a regional
  435  planning council, county, or municipality shall be limited as
  436  follows:
  437         a. The regional planning council review and comments shall
  438  be limited to adverse effects on regional resources or
  439  facilities identified in the strategic regional policy plan and
  440  extrajurisdictional impacts that would be inconsistent with the
  441  comprehensive plan of any affected local government within the
  442  region. A regional planning council may not review and comment
  443  on a proposed comprehensive plan amendment prepared by such
  444  council unless the plan amendment has been changed by the local
  445  government subsequent to the preparation of the plan amendment
  446  by the regional planning council.
  447         b. County comments shall be in the context of the
  448  relationship and effect of the proposed plan amendments on the
  449  county plan.
  450         c. Municipal comments shall be in the context of the
  451  relationship and effect of the proposed plan amendments on the
  452  municipal plan.
  453         d. Military installation comments shall be provided in
  454  accordance with s. 163.3175.
  455         4. Comments to the local government from state agencies
  456  shall be limited to the following subjects as they relate to
  457  important state resources and facilities that will be adversely
  458  impacted by the amendment if adopted:
  459         a. The Department of Environmental Protection shall limit
  460  its comments to the subjects of air and water pollution;
  461  wetlands and other surface waters of the state; federal and
  462  state-owned lands and interest in lands, including state parks,
  463  greenways and trails, and conservation easements; solid waste;
  464  water and wastewater treatment; and the Everglades ecosystem
  465  restoration.
  466         b. The Department of State shall limit its comments to the
  467  subjects of historic and archaeological resources.
  468         c. The Department of Transportation shall limit its
  469  comments to issues within the agency’s jurisdiction as it
  470  relates to transportation resources and facilities of state
  471  importance.
  472         d. The Fish and Wildlife Conservation Commission shall
  473  limit its comments to subjects relating to fish and wildlife
  474  habitat and listed species and their habitat.
  475         e. The Department of Agriculture and Consumer Services
  476  shall limit its comments to the subjects of agriculture,
  477  forestry, and aquaculture issues.
  478         f. The Department of Education shall limit its comments to
  479  the subject of public school facilities.
  480         g. The appropriate water management district shall limit
  481  its comments to flood protection and floodplain management,
  482  wetlands and other surface waters, and regional water supply.
  483         h. The state land planning agency shall limit its comments
  484  to important state resources and facilities outside the
  485  jurisdiction of other commenting state agencies and may include
  486  comments on countervailing planning policies and objectives
  487  served by the plan amendment that should be balanced against
  488  potential adverse impacts to important state resources and
  489  facilities.
  490         (c)1. The local government shall hold its second public
  491  hearing, which shall be a hearing on whether to adopt one or
  492  more comprehensive plan amendments pursuant to subsection (11).
  493  If the local government fails, within 180 days after receipt of
  494  agency comments, to hold the second public hearing, the
  495  amendments shall be deemed withdrawn unless extended by
  496  agreement with notice to the state land planning agency and any
  497  affected person that provided comments on the amendment. The
  498  180-day limitation does not apply to amendments processed
  499  pursuant to s. 380.06.
  500         2. All comprehensive plan amendments adopted by the
  501  governing body, along with the supporting data and analysis,
  502  shall be transmitted within 10 calendar days after the second
  503  public hearing to the state land planning agency and any other
  504  agency or local government that provided timely comments under
  505  subparagraph (b)2.
  506         3. The state land planning agency shall notify the local
  507  government of any deficiencies within 5 working days after
  508  receipt of an amendment package. For purposes of completeness,
  509  an amendment shall be deemed complete if it contains a full,
  510  executed copy of the adoption ordinance or ordinances; in the
  511  case of a text amendment, a full copy of the amended language in
  512  legislative format with new words inserted in the text
  513  underlined, and words deleted stricken with hyphens; in the case
  514  of a future land use map amendment, a copy of the future land
  515  use map clearly depicting the parcel, its existing future land
  516  use designation, and its adopted designation; and a copy of any
  517  data and analyses the local government deems appropriate.
  518         4. An amendment adopted under this paragraph does not
  519  become effective until 31 days after the state land planning
  520  agency notifies the local government that the plan amendment
  521  package is complete. If timely challenged, an amendment does not
  522  become effective until the state land planning agency or the
  523  Administration Commission enters a final order determining the
  524  adopted amendment to be in compliance.
  525         (4) STATE COORDINATED REVIEW PROCESS.—
  526         (b) Local government transmittal of proposed plan or
  527  amendment.—Each local governing body proposing a plan or plan
  528  amendment specified in paragraph (2)(c) shall transmit the
  529  complete proposed comprehensive plan or plan amendment to the
  530  reviewing agencies within 10 calendar days after immediately
  531  following the first public hearing pursuant to subsection (11).
  532  The transmitted document shall clearly indicate on the cover
  533  sheet that this plan amendment is subject to the state
  534  coordinated review process of this subsection. The local
  535  governing body shall also transmit a copy of the complete
  536  proposed comprehensive plan or plan amendment to any other unit
  537  of local government or government agency in the state that has
  538  filed a written request with the governing body for the plan or
  539  plan amendment.
  540         (e) Local government review of comments; adoption of plan
  541  or amendments and transmittal.—
  542         1. The local government shall review the report submitted
  543  to it by the state land planning agency, if any, and written
  544  comments submitted to it by any other person, agency, or
  545  government. The local government, upon receipt of the report
  546  from the state land planning agency, shall hold its second
  547  public hearing, which shall be a hearing to determine whether to
  548  adopt the comprehensive plan or one or more comprehensive plan
  549  amendments pursuant to subsection (11). If the local government
  550  fails to hold the second hearing within 180 days after receipt
  551  of the state land planning agency’s report, the amendments shall
  552  be deemed withdrawn unless extended by agreement with notice to
  553  the state land planning agency and any affected person that
  554  provided comments on the amendment. The 180-day limitation does
  555  not apply to amendments processed pursuant to s. 380.06.
  556         2. All comprehensive plan amendments adopted by the
  557  governing body, along with the supporting data and analysis,
  558  shall be transmitted within 10 calendar days after the second
  559  public hearing to the state land planning agency and any other
  560  agency or local government that provided timely comments under
  561  paragraph (c).
  562         3. The state land planning agency shall notify the local
  563  government of any deficiencies within 5 working days after
  564  receipt of a plan or plan amendment package. For purposes of
  565  completeness, a plan or plan amendment shall be deemed complete
  566  if it contains a full, executed copy of the adoption ordinance
  567  or ordinances; in the case of a text amendment, a full copy of
  568  the amended language in legislative format with new words
  569  inserted in the text underlined, and words deleted stricken with
  570  hyphens; in the case of a future land use map amendment, a copy
  571  of the future land use map clearly depicting the parcel, its
  572  existing future land use designation, and its adopted
  573  designation; and a copy of any data and analyses the local
  574  government deems appropriate.
  575         4. After the state land planning agency makes a
  576  determination of completeness regarding the adopted plan or plan
  577  amendment, the state land planning agency shall have 45 days to
  578  determine if the plan or plan amendment is in compliance with
  579  this act. Unless the plan or plan amendment is substantially
  580  changed from the one commented on, the state land planning
  581  agency’s compliance determination shall be limited to objections
  582  raised in the objections, recommendations, and comments report.
  583  During the period provided for in this subparagraph, the state
  584  land planning agency shall issue, through a senior administrator
  585  or the secretary, a notice of intent to find that the plan or
  586  plan amendment is in compliance or not in compliance. The state
  587  land planning agency shall post a copy of the notice of intent
  588  on the agency’s Internet website. Publication by the state land
  589  planning agency of the notice of intent on the state land
  590  planning agency’s Internet site shall be prima facie evidence of
  591  compliance with the publication requirements of this
  592  subparagraph.
  593         5. A plan or plan amendment adopted under the state
  594  coordinated review process shall go into effect pursuant to the
  595  state land planning agency’s notice of intent. If timely
  596  challenged, an amendment does not become effective until the
  597  state land planning agency or the Administration Commission
  598  enters a final order determining the adopted amendment to be in
  599  compliance.
  600         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
  601  AMENDMENTS.—
  602         (b) The state land planning agency may file a petition with
  603  the Division of Administrative Hearings pursuant to ss. 120.569
  604  and 120.57, with a copy served on the affected local government,
  605  to request a formal hearing to challenge whether the plan or
  606  plan amendment is in compliance as defined in paragraph (1)(b).
  607  The state land planning agency’s petition must clearly state the
  608  reasons for the challenge. Under the expedited state review
  609  process, this petition must be filed with the division within 30
  610  days after the state land planning agency notifies the local
  611  government that the plan amendment package is complete according
  612  to subparagraph (3)(c)3. Under the state coordinated review
  613  process, this petition must be filed with the division within 45
  614  days after the state land planning agency notifies the local
  615  government that the plan amendment package is complete according
  616  to subparagraph (4)(e)3 (3)(c)3.
  617         1. The state land planning agency’s challenge to plan
  618  amendments adopted under the expedited state review process
  619  shall be limited to the comments provided by the reviewing
  620  agencies pursuant to subparagraphs (3)(b)2.-4., upon a
  621  determination by the state land planning agency that an
  622  important state resource or facility will be adversely impacted
  623  by the adopted plan amendment. The state land planning agency’s
  624  petition shall state with specificity how the plan amendment
  625  will adversely impact the important state resource or facility.
  626  The state land planning agency may challenge a plan amendment
  627  that has substantially changed from the version on which the
  628  agencies provided comments but only upon a determination by the
  629  state land planning agency that an important state resource or
  630  facility will be adversely impacted.
  631         2. If the state land planning agency issues a notice of
  632  intent to find the comprehensive plan or plan amendment not in
  633  compliance with this act, the notice of intent shall be
  634  forwarded to the Division of Administrative Hearings of the
  635  Department of Management Services, which shall conduct a
  636  proceeding under ss. 120.569 and 120.57 in the county of and
  637  convenient to the affected local jurisdiction. The parties to
  638  the proceeding shall be the state land planning agency, the
  639  affected local government, and any affected person who
  640  intervenes. A No new issue may not be alleged as a reason to
  641  find a plan or plan amendment not in compliance in an
  642  administrative pleading filed more than 21 days after
  643  publication of notice unless the party seeking that issue
  644  establishes good cause for not alleging the issue within that
  645  time period. Good cause does not include excusable neglect.
  646         (d) If the administrative law judge recommends that the
  647  amendment be found not in compliance, the judge shall submit the
  648  recommended order to the Administration Commission for final
  649  agency action. The Administration Commission shall make every
  650  effort to enter a final order expeditiously, but at a minimum,
  651  within the time period provided by s. 120.569 45 days after its
  652  receipt of the recommended order.
  653         (e) If the administrative law judge recommends that the
  654  amendment be found in compliance, the judge shall submit the
  655  recommended order to the state land planning agency.
  656         1. If the state land planning agency determines that the
  657  plan amendment should be found not in compliance, the agency
  658  shall make every effort to refer, within 30 days after receipt
  659  of the recommended order, the recommended order and its
  660  determination expeditiously to the Administration Commission for
  661  final agency action, but at a minimum within the time period
  662  provided by 120.569.
  663         2. If the state land planning agency determines that the
  664  plan amendment should be found in compliance, the agency shall
  665  enter its final order expeditiously, but at a minimum, within
  666  the time period provided by s. 120.569 not later than 30 days
  667  after receipt of the recommended order.
  668         (6) COMPLIANCE AGREEMENT.—
  669         (f) For challenges to amendments adopted under the state
  670  coordinated process, the state land planning agency, upon
  671  receipt of a plan or plan amendment adopted pursuant to a
  672  compliance agreement, shall issue a cumulative notice of intent
  673  addressing both the remedial amendment and the plan or plan
  674  amendment that was the subject of the agreement within 20 days
  675  after receiving a complete plan or plan amendment adopted
  676  pursuant to a compliance agreement.
  677         1. If the local government adopts a comprehensive plan or
  678  plan amendment pursuant to a compliance agreement and a notice
  679  of intent to find the plan amendment in compliance is issued,
  680  the state land planning agency shall forward the notice of
  681  intent to the Division of Administrative Hearings and the
  682  administrative law judge shall realign the parties in the
  683  pending proceeding under ss. 120.569 and 120.57, which shall
  684  thereafter be governed by the process contained in paragraph
  685  (5)(a) and subparagraph (5)(c)1., including provisions relating
  686  to challenges by an affected person, burden of proof, and issues
  687  of a recommended order and a final order. Parties to the
  688  original proceeding at the time of realignment may continue as
  689  parties without being required to file additional pleadings to
  690  initiate a proceeding, but may timely amend their pleadings to
  691  raise any challenge to the amendment that is the subject of the
  692  cumulative notice of intent, and must otherwise conform to the
  693  rules of procedure of the Division of Administrative Hearings.
  694  Any affected person not a party to the realigned proceeding may
  695  challenge the plan amendment that is the subject of the
  696  cumulative notice of intent by filing a petition with the agency
  697  as provided in subsection (5). The agency shall forward the
  698  petition filed by the affected person not a party to the
  699  realigned proceeding to the Division of Administrative Hearings
  700  for consolidation with the realigned proceeding. If the
  701  cumulative notice of intent is not challenged, the state land
  702  planning agency shall request that the Division of
  703  Administrative Hearings relinquish jurisdiction to the state
  704  land planning agency for issuance of a final order.
  705         2. If the local government adopts a comprehensive plan
  706  amendment pursuant to a compliance agreement and a notice of
  707  intent is issued that finds the plan amendment not in
  708  compliance, the state land planning agency shall forward the
  709  notice of intent to the Division of Administrative Hearings,
  710  which shall consolidate the proceeding with the pending
  711  proceeding and immediately set a date for a hearing in the
  712  pending proceeding under ss. 120.569 and 120.57. Affected
  713  persons who are not a party to the underlying proceeding under
  714  ss. 120.569 and 120.57 may challenge the plan amendment adopted
  715  pursuant to the compliance agreement by filing a petition
  716  pursuant to paragraph (5)(a).
  717         (12) CONCURRENT ZONING.—At the request of an applicant, a
  718  local government shall consider an application for zoning
  719  changes that would be required to properly enact any proposed
  720  plan amendment transmitted pursuant to this section subsection.
  721  Zoning changes approved by the local government are contingent
  722  upon the comprehensive plan or plan amendment transmitted
  723  becoming effective.
  724         Section 9. Subsection (3) of section 163.3191, Florida
  725  Statutes, is amended to read:
  726         163.3191 Evaluation and appraisal of comprehensive plan.—
  727         (3) Local governments are encouraged to comprehensively
  728  evaluate and, as necessary, update comprehensive plans to
  729  reflect changes in local conditions. Plan amendments transmitted
  730  pursuant to this section shall be reviewed pursuant to s.
  731  163.3184(4) in accordance with s. 163.3184.
  732         Section 10. Subsections (1) and (7) of section 163.3245,
  733  Florida Statutes, are amended, and present subsections (8)
  734  through (14) of that section are redesignated as subsections (7)
  735  through (13), respectively, to read:
  736         163.3245 Sector plans.—
  737         (1) In recognition of the benefits of long-range planning
  738  for specific areas, local governments or combinations of local
  739  governments may adopt into their comprehensive plans a sector
  740  plan in accordance with this section. This section is intended
  741  to promote and encourage long-term planning for conservation,
  742  development, and agriculture on a landscape scale; to further
  743  support the intent of s. 163.3177(11), which supports innovative
  744  and flexible planning and development strategies, and the
  745  purposes of this part and part I of chapter 380; to facilitate
  746  protection of regionally significant resources, including, but
  747  not limited to, regionally significant water courses and
  748  wildlife corridors; and to avoid duplication of effort in terms
  749  of the level of data and analysis required for a development of
  750  regional impact, while ensuring the adequate mitigation of
  751  impacts to applicable regional resources and facilities,
  752  including those within the jurisdiction of other local
  753  governments, as would otherwise be provided. Sector plans are
  754  intended for substantial geographic areas that include at least
  755  15,000 acres of one or more local governmental jurisdictions and
  756  are to emphasize urban form and protection of regionally
  757  significant resources and public facilities. A sector plan may
  758  not be adopted in an area of critical state concern.
  759         (7) Beginning December 1, 1999, and each year thereafter,
  760  the department shall provide a status report to the President of
  761  the Senate and the Speaker of the House of Representatives
  762  regarding each optional sector plan authorized under this
  763  section.
  764         Section 11. Paragraph (d) of subsection (2) of section
  765  186.002, Florida Statutes, is amended to read:
  766         186.002 Findings and intent.—
  767         (2) It is the intent of the Legislature that:
  768         (d) The state planning process shall be informed and guided
  769  by the experience of public officials at all levels of
  770  government. In preparing any plans or proposed revisions or
  771  amendments required by this chapter, the Governor shall consider
  772  the experience of and information provided by local governments
  773  in their evaluation and appraisal reports pursuant to s.
  774  163.3191.
  775         Section 12. Subsection (8) of section 186.007, Florida
  776  Statutes, is amended to read:
  777         186.007 State comprehensive plan; preparation; revision.—
  778         (8) The revision of the state comprehensive plan is a
  779  continuing process. Each section of the plan shall be reviewed
  780  and analyzed biennially by the Executive Office of the Governor
  781  in conjunction with the planning officers of other state
  782  agencies significantly affected by the provisions of the
  783  particular section under review. In conducting this review and
  784  analysis, the Executive Office of the Governor shall review and
  785  consider, with the assistance of the state land planning agency
  786  and regional planning councils, the evaluation and appraisal
  787  reports submitted pursuant to s. 163.3191 and the evaluation and
  788  appraisal reports prepared pursuant to s. 186.511. Any necessary
  789  revisions of the state comprehensive plan shall be proposed by
  790  the Governor in a written report and be accompanied by an
  791  explanation of the need for such changes. If the Governor
  792  determines that changes are unnecessary, the written report must
  793  explain why changes are unnecessary. The proposed revisions and
  794  accompanying explanations may be submitted in the report
  795  required by s. 186.031. Any proposed revisions to the plan shall
  796  be submitted to the Legislature as provided in s. 186.008(2) at
  797  least 30 days before prior to the regular legislative session
  798  occurring in each even-numbered year.
  799         Section 13. Subsections (8) and (20) of section 186.505,
  800  Florida Statutes, are amended to read:
  801         186.505 Regional planning councils; powers and duties.—Any
  802  regional planning council created hereunder shall have the
  803  following powers:
  804         (8) To accept and receive, in furtherance of its functions,
  805  funds, grants, and services from the Federal Government or its
  806  agencies; from departments, agencies, and instrumentalities of
  807  state, municipal, or local government; or from private or civic
  808  sources, except as prohibited by subsection (20). Each regional
  809  planning council shall render an accounting of the receipt and
  810  disbursement of all funds received by it, pursuant to the
  811  federal Older Americans Act, to the Legislature no later than
  812  March 1 of each year. Before accepting a grant, a regional
  813  planning council must make a formal public determination that
  814  the purpose of the grant is in furtherance of the council’s
  815  functions and will not diminish the council’s ability to fund
  816  and accomplish its statutory functions.
  817         (20) To provide technical assistance to local governments
  818  on growth management matters. However, a regional planning
  819  council may not provide consulting services for a fee to a local
  820  government for a project for which the council also serves in a
  821  review capacity or provide consulting services to a private
  822  developer or landowner for a project for which the council may
  823  also serve in a review capacity in the future.
  824         Section 14. Subsection (1) of section 186.508, Florida
  825  Statutes, is amended to read:
  826         186.508 Strategic regional policy plan adoption;
  827  consistency with state comprehensive plan.—
  828         (1) Each regional planning council shall submit to the
  829  Executive Office of the Governor its proposed strategic regional
  830  policy plan on a schedule established by the Executive Office of
  831  the Governor to coordinate implementation of the strategic
  832  regional policy plans with the evaluation and appraisal process
  833  reports required by s. 163.3191. The Executive Office of the
  834  Governor, or its designee, shall review the proposed strategic
  835  regional policy plan to ensure consistency with the adopted
  836  state comprehensive plan and shall, within 60 days, provide any
  837  recommended revisions. The Governor’s recommended revisions
  838  shall be included in the plans in a comment section. However,
  839  nothing in this section precludes herein shall preclude a
  840  regional planning council from adopting or rejecting any or all
  841  of the revisions as a part of its plan before prior to the
  842  effective date of the plan. The rules adopting the strategic
  843  regional policy plan are shall not be subject to rule challenge
  844  under s. 120.56(2) or to drawout proceedings under s.
  845  120.54(3)(c)2., but, once adopted, are shall be subject to an
  846  invalidity challenge under s. 120.56(3) by substantially
  847  affected persons, including the Executive Office of the
  848  Governor. The rules shall be adopted by the regional planning
  849  councils, and shall become effective upon filing with the
  850  Department of State, notwithstanding the provisions of s.
  851  120.54(3)(e)6.
  852         Section 15. Subsections (2) and (3) of section 189.415,
  853  Florida Statutes, are amended to read:
  854         189.415 Special district public facilities report.—
  855         (2) Each independent special district shall submit to each
  856  local general-purpose government in which it is located a public
  857  facilities report and an annual notice of any changes. The
  858  public facilities report shall specify the following
  859  information:
  860         (a) A description of existing public facilities owned or
  861  operated by the special district, and each public facility that
  862  is operated by another entity, except a local general-purpose
  863  government, through a lease or other agreement with the special
  864  district. This description shall include the current capacity of
  865  the facility, the current demands placed upon it, and its
  866  location. This information shall be required in the initial
  867  report and updated every 7 5 years at least 12 months before
  868  prior to the submission date of the evaluation and appraisal
  869  notification letter report of the appropriate local government
  870  required by s. 163.3191. The department shall post a schedule on
  871  its website, based on the evaluation and appraisal notification
  872  schedule prepared pursuant to s. 163.3191(5), for use by a
  873  special district to determine when its public facilities report
  874  and updates to that report are due to the local general-purpose
  875  governments in which the special district is located. At least
  876  12 months prior to the date on which each special district’s
  877  first updated report is due, the department shall notify each
  878  independent district on the official list of special districts
  879  compiled pursuant to s. 189.4035 of the schedule for submission
  880  of the evaluation and appraisal report by each local government
  881  within the special district’s jurisdiction.
  882         (b) A description of each public facility the district is
  883  building, improving, or expanding, or is currently proposing to
  884  build, improve, or expand within at least the next 7 5 years,
  885  including any facilities that the district is assisting another
  886  entity, except a local general-purpose government, to build,
  887  improve, or expand through a lease or other agreement with the
  888  district. For each public facility identified, the report shall
  889  describe how the district currently proposes to finance the
  890  facility.
  891         (c) If the special district currently proposes to replace
  892  any facilities identified in paragraph (a) or paragraph (b)
  893  within the next 10 years, the date when such facility will be
  894  replaced.
  895         (d) The anticipated time the construction, improvement, or
  896  expansion of each facility will be completed.
  897         (e) The anticipated capacity of and demands on each public
  898  facility when completed. In the case of an improvement or
  899  expansion of a public facility, both the existing and
  900  anticipated capacity must be listed.
  901         (3) A special district proposing to build, improve, or
  902  expand a public facility which requires a certificate of need
  903  pursuant to chapter 408 shall elect to notify the appropriate
  904  local general-purpose government of its plans either in its 7
  905  year 5-year plan or at the time the letter of intent is filed
  906  with the Agency for Health Care Administration pursuant to s.
  907  408.039.
  908         Section 16. Subsection (5) of section 288.975, Florida
  909  Statutes, is amended to read:
  910         288.975 Military base reuse plans.—
  911         (5) At the discretion of the host local government, the
  912  provisions of this act may be complied with through the adoption
  913  of the military base reuse plan as a separate component of the
  914  local government comprehensive plan or through simultaneous
  915  amendments to all pertinent portions of the local government
  916  comprehensive plan. Once adopted and approved in accordance with
  917  this section, the military base reuse plan shall be considered
  918  to be part of the host local government’s comprehensive plan and
  919  shall be thereafter implemented, amended, and reviewed pursuant
  920  to in accordance with the provisions of part II of chapter 163.
  921  Local government comprehensive plan amendments necessary to
  922  initially adopt the military base reuse plan shall be exempt
  923  from the limitation on the frequency of plan amendments
  924  contained in s. 163.3187(1).
  925         Section 17. Paragraph (b) of subsection (6), paragraph (e)
  926  of subsection (19), subsection (24), and paragraph (b) of
  927  subsection (29) of section 380.06, Florida Statutes, are amended
  928  to read:
  929         380.06 Developments of regional impact.—
  930         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
  931  PLAN AMENDMENTS.—
  932         (b) Any local government comprehensive plan amendments
  933  related to a proposed development of regional impact, including
  934  any changes proposed under subsection (19), may be initiated by
  935  a local planning agency or the developer and must be considered
  936  by the local governing body at the same time as the application
  937  for development approval using the procedures provided for local
  938  plan amendment in s. 163.3184 s. 163.3187 and applicable local
  939  ordinances, without regard to local limits on the frequency of
  940  consideration of amendments to the local comprehensive plan.
  941  This paragraph does not require favorable consideration of a
  942  plan amendment solely because it is related to a development of
  943  regional impact. The procedure for processing such comprehensive
  944  plan amendments is as follows:
  945         1. If a developer seeks a comprehensive plan amendment
  946  related to a development of regional impact, the developer must
  947  so notify in writing the regional planning agency, the
  948  applicable local government, and the state land planning agency
  949  no later than the date of preapplication conference or the
  950  submission of the proposed change under subsection (19).
  951         2. When filing the application for development approval or
  952  the proposed change, the developer must include a written
  953  request for comprehensive plan amendments that would be
  954  necessitated by the development-of-regional-impact approvals
  955  sought. That request must include data and analysis upon which
  956  the applicable local government can determine whether to
  957  transmit the comprehensive plan amendment pursuant to s.
  958  163.3184.
  959         3. The local government must advertise a public hearing on
  960  the transmittal within 30 days after filing the application for
  961  development approval or the proposed change and must make a
  962  determination on the transmittal within 60 days after the
  963  initial filing unless that time is extended by the developer.
  964         4. If the local government approves the transmittal,
  965  procedures set forth in s. 163.3184 s. 163.3184(4)(b)-(d) must
  966  be followed.
  967         5. Notwithstanding subsection (11) or subsection (19), the
  968  local government may not hold a public hearing on the
  969  application for development approval or the proposed change or
  970  on the comprehensive plan amendments sooner than 30 days after
  971  reviewing agency comments are due to the local government from
  972  receipt of the response from the state land planning agency
  973  pursuant to s. 163.3184 s. 163.3184(4)(d).
  974         6. The local government must hear both the application for
  975  development approval or the proposed change and the
  976  comprehensive plan amendments at the same hearing. However, the
  977  local government must take action separately on the application
  978  for development approval or the proposed change and on the
  979  comprehensive plan amendments.
  980         7. Thereafter, the appeal process for the local government
  981  development order must follow the provisions of s. 380.07, and
  982  the compliance process for the comprehensive plan amendments
  983  must follow the provisions of s. 163.3184.
  984         (19) SUBSTANTIAL DEVIATIONS.—
  985         (e)1. Except for a development order rendered pursuant to
  986  subsection (22) or subsection (25), a proposed change to a
  987  development order that individually or cumulatively with any
  988  previous change is less than any numerical criterion contained
  989  in subparagraphs (b)1.-10. and does not exceed any other
  990  criterion, or that involves an extension of the buildout date of
  991  a development, or any phase thereof, of less than 5 years is not
  992  subject to the public hearing requirements of subparagraph
  993  (f)3., and is not subject to a determination pursuant to
  994  subparagraph (f)5. Notice of the proposed change shall be made
  995  to the regional planning council and the state land planning
  996  agency. Such notice shall include a description of previous
  997  individual changes made to the development, including changes
  998  previously approved by the local government, and shall include
  999  appropriate amendments to the development order.
 1000         2. The following changes, individually or cumulatively with
 1001  any previous changes, are not substantial deviations:
 1002         a. Changes in the name of the project, developer, owner, or
 1003  monitoring official.
 1004         b. Changes to a setback that do not affect noise buffers,
 1005  environmental protection or mitigation areas, or archaeological
 1006  or historical resources.
 1007         c. Changes to minimum lot sizes.
 1008         d. Changes in the configuration of internal roads that do
 1009  not affect external access points.
 1010         e. Changes to the building design or orientation that stay
 1011  approximately within the approved area designated for such
 1012  building and parking lot, and which do not affect historical
 1013  buildings designated as significant by the Division of
 1014  Historical Resources of the Department of State.
 1015         f. Changes to increase the acreage in the development,
 1016  provided that no development is proposed on the acreage to be
 1017  added.
 1018         g. Changes to eliminate an approved land use, provided that
 1019  there are no additional regional impacts.
 1020         h. Changes required to conform to permits approved by any
 1021  federal, state, or regional permitting agency, provided that
 1022  these changes do not create additional regional impacts.
 1023         i. Any renovation or redevelopment of development within a
 1024  previously approved development of regional impact which does
 1025  not change land use or increase density or intensity of use.
 1026         j. Changes that modify boundaries and configuration of
 1027  areas described in subparagraph (b)11. due to science-based
 1028  refinement of such areas by survey, by habitat evaluation, by
 1029  other recognized assessment methodology, or by an environmental
 1030  assessment. In order for changes to qualify under this sub
 1031  subparagraph, the survey, habitat evaluation, or assessment must
 1032  occur prior to the time a conservation easement protecting such
 1033  lands is recorded and must not result in any net decrease in the
 1034  total acreage of the lands specifically set aside for permanent
 1035  preservation in the final development order.
 1036         k. Any other change which the state land planning agency,
 1037  in consultation with the regional planning council, agrees in
 1038  writing is similar in nature, impact, or character to the
 1039  changes enumerated in sub-subparagraphs a.-j. and which does not
 1040  create the likelihood of any additional regional impact.
 1041  
 1042  This subsection does not require the filing of a notice of
 1043  proposed change but shall require an application to the local
 1044  government to amend the development order in accordance with the
 1045  local government’s procedures for amendment of a development
 1046  order. In accordance with the local government’s procedures,
 1047  including requirements for notice to the applicant and the
 1048  public, the local government shall either deny the application
 1049  for amendment or adopt an amendment to the development order
 1050  which approves the application with or without conditions.
 1051  Following adoption, the local government shall render to the
 1052  state land planning agency the amendment to the development
 1053  order. The state land planning agency may appeal, pursuant to s.
 1054  380.07(3), the amendment to the development order if the
 1055  amendment involves sub-subparagraph g., sub-subparagraph h.,
 1056  sub-subparagraph j., or sub-subparagraph k., and it believes the
 1057  change creates a reasonable likelihood of new or additional
 1058  regional impacts.
 1059         3. Except for the change authorized by sub-subparagraph
 1060  2.f., any addition of land not previously reviewed or any change
 1061  not specified in paragraph (b) or paragraph (c) shall be
 1062  presumed to create a substantial deviation. This presumption may
 1063  be rebutted by clear and convincing evidence.
 1064         4. Any submittal of a proposed change to a previously
 1065  approved development shall include a description of individual
 1066  changes previously made to the development, including changes
 1067  previously approved by the local government. The local
 1068  government shall consider the previous and current proposed
 1069  changes in deciding whether such changes cumulatively constitute
 1070  a substantial deviation requiring further development-of
 1071  regional-impact review.
 1072         5. The following changes to an approved development of
 1073  regional impact shall be presumed to create a substantial
 1074  deviation. Such presumption may be rebutted by clear and
 1075  convincing evidence.
 1076         a. A change proposed for 15 percent or more of the acreage
 1077  to a land use not previously approved in the development order.
 1078  Changes of less than 15 percent shall be presumed not to create
 1079  a substantial deviation.
 1080         b. Notwithstanding any provision of paragraph (b) to the
 1081  contrary, a proposed change consisting of simultaneous increases
 1082  and decreases of at least two of the uses within an authorized
 1083  multiuse development of regional impact which was originally
 1084  approved with three or more uses specified in s. 380.0651(3)(c)
 1085  and (d) s. 380.0651(3)(c), (d), and (e) and residential use.
 1086         6. If a local government agrees to a proposed change, a
 1087  change in the transportation proportionate share calculation and
 1088  mitigation plan in an adopted development order as a result of
 1089  recalculation of the proportionate share contribution meeting
 1090  the requirements of s. 163.3180(5)(h) in effect as of the date
 1091  of such change shall be presumed not to create a substantial
 1092  deviation. For purposes of this subsection, the proposed change
 1093  in the proportionate share calculation or mitigation plan shall
 1094  not be considered an additional regional transportation impact.
 1095         (24) STATUTORY EXEMPTIONS.—
 1096         (a) Any proposed hospital is exempt from this section.
 1097         (b) Any proposed electrical transmission line or electrical
 1098  power plant is exempt from this section.
 1099         (c) Any proposed addition to an existing sports facility
 1100  complex is exempt from this section if the addition meets the
 1101  following characteristics:
 1102         1. It would not operate concurrently with the scheduled
 1103  hours of operation of the existing facility.
 1104         2. Its seating capacity would be no more than 75 percent of
 1105  the capacity of the existing facility.
 1106         3. The sports facility complex property is owned by a
 1107  public body before July 1, 1983.
 1108  
 1109  This exemption does not apply to any pari-mutuel facility.
 1110         (d) Any proposed addition or cumulative additions
 1111  subsequent to July 1, 1988, to an existing sports facility
 1112  complex owned by a state university is exempt if the increased
 1113  seating capacity of the complex is no more than 30 percent of
 1114  the capacity of the existing facility.
 1115         (e) Any addition of permanent seats or parking spaces for
 1116  an existing sports facility located on property owned by a
 1117  public body before July 1, 1973, is exempt from this section if
 1118  future additions do not expand existing permanent seating or
 1119  parking capacity more than 15 percent annually in excess of the
 1120  prior year’s capacity.
 1121         (f) Any increase in the seating capacity of an existing
 1122  sports facility having a permanent seating capacity of at least
 1123  50,000 spectators is exempt from this section, provided that
 1124  such an increase does not increase permanent seating capacity by
 1125  more than 5 percent per year and not to exceed a total of 10
 1126  percent in any 5-year period, and provided that the sports
 1127  facility notifies the appropriate local government within which
 1128  the facility is located of the increase at least 6 months before
 1129  the initial use of the increased seating, in order to permit the
 1130  appropriate local government to develop a traffic management
 1131  plan for the traffic generated by the increase. Any traffic
 1132  management plan shall be consistent with the local comprehensive
 1133  plan, the regional policy plan, and the state comprehensive
 1134  plan.
 1135         (g) Any expansion in the permanent seating capacity or
 1136  additional improved parking facilities of an existing sports
 1137  facility is exempt from this section, if the following
 1138  conditions exist:
 1139         1.a. The sports facility had a permanent seating capacity
 1140  on January 1, 1991, of at least 41,000 spectator seats;
 1141         b. The sum of such expansions in permanent seating capacity
 1142  does not exceed a total of 10 percent in any 5-year period and
 1143  does not exceed a cumulative total of 20 percent for any such
 1144  expansions; or
 1145         c. The increase in additional improved parking facilities
 1146  is a one-time addition and does not exceed 3,500 parking spaces
 1147  serving the sports facility; and
 1148         2. The local government having jurisdiction of the sports
 1149  facility includes in the development order or development permit
 1150  approving such expansion under this paragraph a finding of fact
 1151  that the proposed expansion is consistent with the
 1152  transportation, water, sewer and stormwater drainage provisions
 1153  of the approved local comprehensive plan and local land
 1154  development regulations relating to those provisions.
 1155  
 1156  Any owner or developer who intends to rely on this statutory
 1157  exemption shall provide to the department a copy of the local
 1158  government application for a development permit. Within 45 days
 1159  after receipt of the application, the department shall render to
 1160  the local government an advisory and nonbinding opinion, in
 1161  writing, stating whether, in the department’s opinion, the
 1162  prescribed conditions exist for an exemption under this
 1163  paragraph. The local government shall render the development
 1164  order approving each such expansion to the department. The
 1165  owner, developer, or department may appeal the local government
 1166  development order pursuant to s. 380.07, within 45 days after
 1167  the order is rendered. The scope of review shall be limited to
 1168  the determination of whether the conditions prescribed in this
 1169  paragraph exist. If any sports facility expansion undergoes
 1170  development-of-regional-impact review, all previous expansions
 1171  which were exempt under this paragraph shall be included in the
 1172  development-of-regional-impact review.
 1173         (h) Expansion to port harbors, spoil disposal sites,
 1174  navigation channels, turning basins, harbor berths, and other
 1175  related inwater harbor facilities of ports listed in s.
 1176  403.021(9)(b), port transportation facilities and projects
 1177  listed in s. 311.07(3)(b), and intermodal transportation
 1178  facilities identified pursuant to s. 311.09(3) are exempt from
 1179  this section when such expansions, projects, or facilities are
 1180  consistent with comprehensive master plans that are in
 1181  compliance with s. 163.3178.
 1182         (i) Any proposed facility for the storage of any petroleum
 1183  product or any expansion of an existing facility is exempt from
 1184  this section.
 1185         (j) Any renovation or redevelopment within the same land
 1186  parcel which does not change land use or increase density or
 1187  intensity of use.
 1188         (k) Waterport and marina development, including dry storage
 1189  facilities, are exempt from this section.
 1190         (l) Any proposed development within an urban service
 1191  boundary established under s. 163.3177(14), Florida Statutes
 1192  (2010), which is not otherwise exempt pursuant to subsection
 1193  (29), is exempt from this section if the local government having
 1194  jurisdiction over the area where the development is proposed has
 1195  adopted the urban service boundary and has entered into a
 1196  binding agreement with jurisdictions that would be impacted and
 1197  with the Department of Transportation regarding the mitigation
 1198  of impacts on state and regional transportation facilities.
 1199         (m) Any proposed development within a rural land
 1200  stewardship area created under s. 163.3248.
 1201         (n) The establishment, relocation, or expansion of any
 1202  military installation as defined in s. 163.3175, is exempt from
 1203  this section.
 1204         (o) Any self-storage warehousing that does not allow retail
 1205  or other services is exempt from this section.
 1206         (p) Any proposed nursing home or assisted living facility
 1207  is exempt from this section.
 1208         (q) Any development identified in an airport master plan
 1209  and adopted into the comprehensive plan pursuant to s.
 1210  163.3177(6)(b)4. s. 163.3177(6)(k) is exempt from this section.
 1211         (r) Any development identified in a campus master plan and
 1212  adopted pursuant to s. 1013.30 is exempt from this section.
 1213         (s) Any development in a detailed specific area plan which
 1214  is prepared and adopted pursuant to s. 163.3245 is exempt from
 1215  this section.
 1216         (t) Any proposed solid mineral mine and any proposed
 1217  addition to, expansion of, or change to an existing solid
 1218  mineral mine is exempt from this section. A mine owner will
 1219  enter into a binding agreement with the Department of
 1220  Transportation to mitigate impacts to strategic intermodal
 1221  system facilities pursuant to the transportation thresholds in
 1222  subsection (19) or rule 9J-2.045(6), Florida Administrative
 1223  Code. Proposed changes to any previously approved solid mineral
 1224  mine development-of-regional-impact development orders having
 1225  vested rights are is not subject to further review or approval
 1226  as a development-of-regional-impact or notice-of-proposed-change
 1227  review or approval pursuant to subsection (19), except for those
 1228  applications pending as of July 1, 2011, which shall be governed
 1229  by s. 380.115(2). Notwithstanding the foregoing, however,
 1230  pursuant to s. 380.115(1), previously approved solid mineral
 1231  mine development-of-regional-impact development orders shall
 1232  continue to enjoy vested rights and continue to be effective
 1233  unless rescinded by the developer. All local government
 1234  regulations of proposed solid mineral mines shall be applicable
 1235  to any new solid mineral mine or to any proposed addition to,
 1236  expansion of, or change to an existing solid mineral mine.
 1237         (u) Notwithstanding any provisions in an agreement with or
 1238  among a local government, regional agency, or the state land
 1239  planning agency or in a local government’s comprehensive plan to
 1240  the contrary, a project no longer subject to development-of
 1241  regional-impact review under revised thresholds is not required
 1242  to undergo such review.
 1243         (v) Any development within a county with a research and
 1244  education authority created by special act and that is also
 1245  within a research and development park that is operated or
 1246  managed by a research and development authority pursuant to part
 1247  V of chapter 159 is exempt from this section.
 1248         (w) Any development in an energy economic zone designated
 1249  pursuant to s. 377.809 is exempt from this section upon approval
 1250  by its local governing body.
 1251  
 1252  If a use is exempt from review as a development of regional
 1253  impact under paragraphs (a)-(u), but will be part of a larger
 1254  project that is subject to review as a development of regional
 1255  impact, the impact of the exempt use must be included in the
 1256  review of the larger project, unless such exempt use involves a
 1257  development of regional impact that includes a landowner,
 1258  tenant, or user that has entered into a funding agreement with
 1259  the Department of Economic Opportunity under the Innovation
 1260  Incentive Program and the agreement contemplates a state award
 1261  of at least $50 million.
 1262         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 1263         (b) If a municipality that does not qualify as a dense
 1264  urban land area pursuant to paragraph (a) s. 163.3164 designates
 1265  any of the following areas in its comprehensive plan, any
 1266  proposed development within the designated area is exempt from
 1267  the development-of-regional-impact process:
 1268         1. Urban infill as defined in s. 163.3164;
 1269         2. Community redevelopment areas as defined in s. 163.340;
 1270         3. Downtown revitalization areas as defined in s. 163.3164;
 1271         4. Urban infill and redevelopment under s. 163.2517; or
 1272         5. Urban service areas as defined in s. 163.3164 or areas
 1273  within a designated urban service boundary under s.
 1274  163.3177(14).
 1275         Section 18. Subsection (1) of section 380.115, Florida
 1276  Statutes, is amended to read:
 1277         380.115 Vested rights and duties; effect of size reduction,
 1278  changes in guidelines and standards.—
 1279         (1) A change in a development-of-regional-impact guideline
 1280  and standard does not abridge or modify any vested or other
 1281  right or any duty or obligation pursuant to any development
 1282  order or agreement that is applicable to a development of
 1283  regional impact. A development that has received a development
 1284  of-regional-impact development order pursuant to s. 380.06, but
 1285  is no longer required to undergo development-of-regional-impact
 1286  review by operation of a change in the guidelines and standards
 1287  or has reduced its size below the thresholds in s. 380.0651, or
 1288  a development that is exempt pursuant to s. 380.06(24) or s.
 1289  380.06(29) shall be governed by the following procedures:
 1290         (a) The development shall continue to be governed by the
 1291  development-of-regional-impact development order and may be
 1292  completed in reliance upon and pursuant to the development order
 1293  unless the developer or landowner has followed the procedures
 1294  for rescission in paragraph (b). Any proposed changes to those
 1295  developments which continue to be governed by a development
 1296  order shall be approved pursuant to s. 380.06(19) as it existed
 1297  prior to a change in the development-of-regional-impact
 1298  guidelines and standards, except that all percentage criteria
 1299  shall be doubled and all other criteria shall be increased by 10
 1300  percent. The development-of-regional-impact development order
 1301  may be enforced by the local government as provided by ss.
 1302  380.06(17) and 380.11.
 1303         (b) If requested by the developer or landowner, the
 1304  development-of-regional-impact development order shall be
 1305  rescinded by the local government having jurisdiction upon a
 1306  showing that all required mitigation related to the amount of
 1307  development that existed on the date of rescission has been
 1308  completed.
 1309         Section 19. Section 1013.33, Florida Statutes, is amended
 1310  to read:
 1311         1013.33 Coordination of planning with local governing
 1312  bodies.—
 1313         (1) It is the policy of this state to require the
 1314  coordination of planning between boards and local governing
 1315  bodies to ensure that plans for the construction and opening of
 1316  public educational facilities are facilitated and coordinated in
 1317  time and place with plans for residential development,
 1318  concurrently with other necessary services. Such planning shall
 1319  include the integration of the educational facilities plan and
 1320  applicable policies and procedures of a board with the local
 1321  comprehensive plan and land development regulations of local
 1322  governments. The planning must include the consideration of
 1323  allowing students to attend the school located nearest their
 1324  homes when a new housing development is constructed near a
 1325  county boundary and it is more feasible to transport the
 1326  students a short distance to an existing facility in an adjacent
 1327  county than to construct a new facility or transport students
 1328  longer distances in their county of residence. The planning must
 1329  also consider the effects of the location of public education
 1330  facilities, including the feasibility of keeping central city
 1331  facilities viable, in order to encourage central city
 1332  redevelopment and the efficient use of infrastructure and to
 1333  discourage uncontrolled urban sprawl. In addition, all parties
 1334  to the planning process must consult with state and local road
 1335  departments to assist in implementing the Safe Paths to Schools
 1336  program administered by the Department of Transportation.
 1337         (2)(a) The school board, county, and nonexempt
 1338  municipalities located within the geographic area of a school
 1339  district shall enter into an interlocal agreement according to
 1340  s. 163.31777, which that jointly establishes the specific ways
 1341  in which the plans and processes of the district school board
 1342  and the local governments are to be coordinated. The interlocal
 1343  agreements shall be submitted to the state land planning agency
 1344  and the Office of Educational Facilities in accordance with a
 1345  schedule published by the state land planning agency.
 1346         (b) The schedule must establish staggered due dates for
 1347  submission of interlocal agreements that are executed by both
 1348  the local government and district school board, commencing on
 1349  March 1, 2003, and concluding by December 1, 2004, and must set
 1350  the same date for all governmental entities within a school
 1351  district. However, if the county where the school district is
 1352  located contains more than 20 municipalities, the state land
 1353  planning agency may establish staggered due dates for the
 1354  submission of interlocal agreements by these municipalities. The
 1355  schedule must begin with those areas where both the number of
 1356  districtwide capital-outlay full-time-equivalent students equals
 1357  80 percent or more of the current year’s school capacity and the
 1358  projected 5-year student growth rate is 1,000 or greater, or
 1359  where the projected 5-year student growth rate is 10 percent or
 1360  greater.
 1361         (c) If the student population has declined over the 5-year
 1362  period preceding the due date for submittal of an interlocal
 1363  agreement by the local government and the district school board,
 1364  the local government and district school board may petition the
 1365  state land planning agency for a waiver of one or more of the
 1366  requirements of subsection (3). The waiver must be granted if
 1367  the procedures called for in subsection (3) are unnecessary
 1368  because of the school district’s declining school age
 1369  population, considering the district’s 5-year work program
 1370  prepared pursuant to s. 1013.35. The state land planning agency
 1371  may modify or revoke the waiver upon a finding that the
 1372  conditions upon which the waiver was granted no longer exist.
 1373  The district school board and local governments must submit an
 1374  interlocal agreement within 1 year after notification by the
 1375  state land planning agency that the conditions for a waiver no
 1376  longer exist.
 1377         (d) Interlocal agreements between local governments and
 1378  district school boards adopted pursuant to s. 163.3177 before
 1379  the effective date of subsections (2)-(7) must be updated and
 1380  executed pursuant to the requirements of subsections (2)-(7), if
 1381  necessary. Amendments to interlocal agreements adopted pursuant
 1382  to subsections (2)-(7) must be submitted to the state land
 1383  planning agency within 30 days after execution by the parties
 1384  for review consistent with subsections (3) and (4). Local
 1385  governments and the district school board in each school
 1386  district are encouraged to adopt a single interlocal agreement
 1387  in which all join as parties. The state land planning agency
 1388  shall assemble and make available model interlocal agreements
 1389  meeting the requirements of subsections (2)-(7) and shall notify
 1390  local governments and, jointly with the Department of Education,
 1391  the district school boards of the requirements of subsections
 1392  (2)-(7), the dates for compliance, and the sanctions for
 1393  noncompliance. The state land planning agency shall be available
 1394  to informally review proposed interlocal agreements. If the
 1395  state land planning agency has not received a proposed
 1396  interlocal agreement for informal review, the state land
 1397  planning agency shall, at least 60 days before the deadline for
 1398  submission of the executed agreement, renotify the local
 1399  government and the district school board of the upcoming
 1400  deadline and the potential for sanctions.
 1401         (3) At a minimum, the interlocal agreement must address
 1402  interlocal agreement requirements in s. 163.31777 and, if
 1403  applicable, s. 163.3180(6), and must address the following
 1404  issues:
 1405         (a) A process by which each local government and the
 1406  district school board agree and base their plans on consistent
 1407  projections of the amount, type, and distribution of population
 1408  growth and student enrollment. The geographic distribution of
 1409  jurisdiction-wide growth forecasts is a major objective of the
 1410  process.
 1411         (b) A process to coordinate and share information relating
 1412  to existing and planned public school facilities, including
 1413  school renovations and closures, and local government plans for
 1414  development and redevelopment.
 1415         (c) Participation by affected local governments with the
 1416  district school board in the process of evaluating potential
 1417  school closures, significant renovations to existing schools,
 1418  and new school site selection before land acquisition. Local
 1419  governments shall advise the district school board as to the
 1420  consistency of the proposed closure, renovation, or new site
 1421  with the local comprehensive plan, including appropriate
 1422  circumstances and criteria under which a district school board
 1423  may request an amendment to the comprehensive plan for school
 1424  siting.
 1425         (d) A process for determining the need for and timing of
 1426  onsite and offsite improvements to support new construction,
 1427  proposed expansion, or redevelopment of existing schools. The
 1428  process shall address identification of the party or parties
 1429  responsible for the improvements.
 1430         (e) A process for the school board to inform the local
 1431  government regarding the effect of comprehensive plan amendments
 1432  on school capacity. The capacity reporting must be consistent
 1433  with laws and rules regarding measurement of school facility
 1434  capacity and must also identify how the district school board
 1435  will meet the public school demand based on the facilities work
 1436  program adopted pursuant to s. 1013.35.
 1437         (f) Participation of the local governments in the
 1438  preparation of the annual update to the school board’s 5-year
 1439  district facilities work program and educational plant survey
 1440  prepared pursuant to s. 1013.35.
 1441         (g) A process for determining where and how joint use of
 1442  either school board or local government facilities can be shared
 1443  for mutual benefit and efficiency.
 1444         (h) A procedure for the resolution of disputes between the
 1445  district school board and local governments, which may include
 1446  the dispute resolution processes contained in chapters 164 and
 1447  186.
 1448         (i) An oversight process, including an opportunity for
 1449  public participation, for the implementation of the interlocal
 1450  agreement.
 1451         (4)(a) The Office of Educational Facilities shall submit
 1452  any comments or concerns regarding the executed interlocal
 1453  agreement to the state land planning agency within 30 days after
 1454  receipt of the executed interlocal agreement. The state land
 1455  planning agency shall review the executed interlocal agreement
 1456  to determine whether it is consistent with the requirements of
 1457  subsection (3), the adopted local government comprehensive plan,
 1458  and other requirements of law. Within 60 days after receipt of
 1459  an executed interlocal agreement, the state land planning agency
 1460  shall publish a notice of intent in the Florida Administrative
 1461  Weekly and shall post a copy of the notice on the agency’s
 1462  Internet site. The notice of intent must state that the
 1463  interlocal agreement is consistent or inconsistent with the
 1464  requirements of subsection (3) and this subsection as
 1465  appropriate.
 1466         (b) The state land planning agency’s notice is subject to
 1467  challenge under chapter 120; however, an affected person, as
 1468  defined in s. 163.3184(1)(a), has standing to initiate the
 1469  administrative proceeding, and this proceeding is the sole means
 1470  available to challenge the consistency of an interlocal
 1471  agreement required by this section with the criteria contained
 1472  in subsection (3) and this subsection. In order to have
 1473  standing, each person must have submitted oral or written
 1474  comments, recommendations, or objections to the local government
 1475  or the school board before the adoption of the interlocal
 1476  agreement by the district school board and local government. The
 1477  district school board and local governments are parties to any
 1478  such proceeding. In this proceeding, when the state land
 1479  planning agency finds the interlocal agreement to be consistent
 1480  with the criteria in subsection (3) and this subsection, the
 1481  interlocal agreement must be determined to be consistent with
 1482  subsection (3) and this subsection if the local government’s and
 1483  school board’s determination of consistency is fairly debatable.
 1484  When the state land planning agency finds the interlocal
 1485  agreement to be inconsistent with the requirements of subsection
 1486  (3) and this subsection, the local government’s and school
 1487  board’s determination of consistency shall be sustained unless
 1488  it is shown by a preponderance of the evidence that the
 1489  interlocal agreement is inconsistent.
 1490         (c) If the state land planning agency enters a final order
 1491  that finds that the interlocal agreement is inconsistent with
 1492  the requirements of subsection (3) or this subsection, the state
 1493  land planning agency shall forward it to the Administration
 1494  Commission, which may impose sanctions against the local
 1495  government pursuant to s. 163.3184(11) and may impose sanctions
 1496  against the district school board by directing the Department of
 1497  Education to withhold an equivalent amount of funds for school
 1498  construction available pursuant to ss. 1013.65, 1013.68,
 1499  1013.70, and 1013.72.
 1500         (5) If an executed interlocal agreement is not timely
 1501  submitted to the state land planning agency for review, the
 1502  state land planning agency shall, within 15 working days after
 1503  the deadline for submittal, issue to the local government and
 1504  the district school board a notice to show cause why sanctions
 1505  should not be imposed for failure to submit an executed
 1506  interlocal agreement by the deadline established by the agency.
 1507  The agency shall forward the notice and the responses to the
 1508  Administration Commission, which may enter a final order citing
 1509  the failure to comply and imposing sanctions against the local
 1510  government and district school board by directing the
 1511  appropriate agencies to withhold at least 5 percent of state
 1512  funds pursuant to s. 163.3184(11) and by directing the
 1513  Department of Education to withhold from the district school
 1514  board at least 5 percent of funds for school construction
 1515  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
 1516  1013.72.
 1517         (6) Any local government transmitting a public school
 1518  element to implement school concurrency pursuant to the
 1519  requirements of s. 163.3180 before the effective date of this
 1520  section is not required to amend the element or any interlocal
 1521  agreement to conform with the provisions of subsections (2)-(6)
 1522  if the element is adopted prior to or within 1 year after the
 1523  effective date of subsections (2)-(6) and remains in effect.
 1524         (3)(7) A board and the local governing body must share and
 1525  coordinate information related to existing and planned school
 1526  facilities; proposals for development, redevelopment, or
 1527  additional development; and infrastructure required to support
 1528  the school facilities, concurrent with proposed development. A
 1529  school board shall use information produced by the demographic,
 1530  revenue, and education estimating conferences pursuant to s.
 1531  216.136 when preparing the district educational facilities plan
 1532  pursuant to s. 1013.35, as modified and agreed to by the local
 1533  governments, when provided by interlocal agreement, and the
 1534  Office of Educational Facilities, in consideration of local
 1535  governments’ population projections, to ensure that the district
 1536  educational facilities plan not only reflects enrollment
 1537  projections but also considers applicable municipal and county
 1538  growth and development projections. The projections must be
 1539  apportioned geographically with assistance from the local
 1540  governments using local government trend data and the school
 1541  district student enrollment data. A school board is precluded
 1542  from siting a new school in a jurisdiction where the school
 1543  board has failed to provide the annual educational facilities
 1544  plan for the prior year required pursuant to s. 1013.35 unless
 1545  the failure is corrected.
 1546         (4)(8) The location of educational facilities shall be
 1547  consistent with the comprehensive plan of the appropriate local
 1548  governing body developed under part II of chapter 163 and
 1549  consistent with the plan’s implementing land development
 1550  regulations.
 1551         (5)(9) To improve coordination relative to potential
 1552  educational facility sites, a board shall provide written notice
 1553  to the local government that has regulatory authority over the
 1554  use of the land consistent with an interlocal agreement entered
 1555  pursuant to s. 163.31777 subsections (2)-(6) at least 60 days
 1556  before prior to acquiring or leasing property that may be used
 1557  for a new public educational facility. The local government,
 1558  upon receipt of this notice, shall notify the board within 45
 1559  days if the site proposed for acquisition or lease is consistent
 1560  with the land use categories and policies of the local
 1561  government’s comprehensive plan. This preliminary notice does
 1562  not constitute the local government’s determination of
 1563  consistency pursuant to subsection (6) (10).
 1564         (6)(10) As early in the design phase as feasible and
 1565  consistent with an interlocal agreement entered pursuant to s.
 1566  163.31777 subsections (2)-(6), but no later than 90 days before
 1567  commencing construction, the district school board shall in
 1568  writing request a determination of consistency with the local
 1569  government’s comprehensive plan. The local governing body that
 1570  regulates the use of land shall determine, in writing within 45
 1571  days after receiving the necessary information and a school
 1572  board’s request for a determination, whether a proposed
 1573  educational facility is consistent with the local comprehensive
 1574  plan and consistent with local land development regulations. If
 1575  the determination is affirmative, school construction may
 1576  commence and further local government approvals are not
 1577  required, except as provided in this section. Failure of the
 1578  local governing body to make a determination in writing within
 1579  90 days after a district school board’s request for a
 1580  determination of consistency shall be considered an approval of
 1581  the district school board’s application. Campus master plans and
 1582  development agreements must comply with the provisions of s.
 1583  1013.30.
 1584         (7)(11) A local governing body may not deny the site
 1585  applicant based on adequacy of the site plan as it relates
 1586  solely to the needs of the school. If the site is consistent
 1587  with the comprehensive plan’s land use policies and categories
 1588  in which public schools are identified as allowable uses, the
 1589  local government may not deny the application but it may impose
 1590  reasonable development standards and conditions in accordance
 1591  with s. 1013.51(1) and consider the site plan and its adequacy
 1592  as it relates to environmental concerns, health, safety and
 1593  welfare, and effects on adjacent property. Standards and
 1594  conditions may not be imposed which conflict with those
 1595  established in this chapter or the Florida Building Code, unless
 1596  mutually agreed and consistent with the interlocal agreement
 1597  required by s. 163.31777 subsections (2)-(6).
 1598         (8)(12) This section does not prohibit a local governing
 1599  body and district school board from agreeing and establishing an
 1600  alternative process for reviewing a proposed educational
 1601  facility and site plan, and offsite impacts, pursuant to an
 1602  interlocal agreement adopted in accordance with s. 163.31777
 1603  subsections (2)-(6).
 1604         (9)(13) Existing schools shall be considered consistent
 1605  with the applicable local government comprehensive plan adopted
 1606  under part II of chapter 163. If a board submits an application
 1607  to expand an existing school site, the local governing body may
 1608  impose reasonable development standards and conditions on the
 1609  expansion only, and in a manner consistent with s. 1013.51(1).
 1610  Standards and conditions may not be imposed which conflict with
 1611  those established in this chapter or the Florida Building Code,
 1612  unless mutually agreed. Local government review or approval is
 1613  not required for:
 1614         (a) The placement of temporary or portable classroom
 1615  facilities; or
 1616         (b) Proposed renovation or construction on existing school
 1617  sites, with the exception of construction that changes the
 1618  primary use of a facility, includes stadiums, or results in a
 1619  greater than 5 percent increase in student capacity, or as
 1620  mutually agreed upon, pursuant to an interlocal agreement
 1621  adopted in accordance with s. 163.31777 subsections (2)-(6).
 1622         Section 20. Paragraph (b) of subsection (2) of section
 1623  1013.35, Florida Statutes, is amended to read:
 1624         1013.35 School district educational facilities plan;
 1625  definitions; preparation, adoption, and amendment; long-term
 1626  work programs.—
 1627         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 1628  FACILITIES PLAN.—
 1629         (b) The plan must also include a financially feasible
 1630  district facilities work program for a 5-year period. The work
 1631  program must include:
 1632         1. A schedule of major repair and renovation projects
 1633  necessary to maintain the educational facilities and ancillary
 1634  facilities of the district.
 1635         2. A schedule of capital outlay projects necessary to
 1636  ensure the availability of satisfactory student stations for the
 1637  projected student enrollment in K-12 programs. This schedule
 1638  shall consider:
 1639         a. The locations, capacities, and planned utilization rates
 1640  of current educational facilities of the district. The capacity
 1641  of existing satisfactory facilities, as reported in the Florida
 1642  Inventory of School Houses must be compared to the capital
 1643  outlay full-time-equivalent student enrollment as determined by
 1644  the department, including all enrollment used in the calculation
 1645  of the distribution formula in s. 1013.64.
 1646         b. The proposed locations of planned facilities, whether
 1647  those locations are consistent with the comprehensive plans of
 1648  all affected local governments, and recommendations for
 1649  infrastructure and other improvements to land adjacent to
 1650  existing facilities. The provisions of ss. 1013.33(6), (7), and
 1651  (8) ss. 1013.33(10), (11), and (12) and 1013.36 must be
 1652  addressed for new facilities planned within the first 3 years of
 1653  the work plan, as appropriate.
 1654         c. Plans for the use and location of relocatable
 1655  facilities, leased facilities, and charter school facilities.
 1656         d. Plans for multitrack scheduling, grade level
 1657  organization, block scheduling, or other alternatives that
 1658  reduce the need for additional permanent student stations.
 1659         e. Information concerning average class size and
 1660  utilization rate by grade level within the district which will
 1661  result if the tentative district facilities work program is
 1662  fully implemented.
 1663         f. The number and percentage of district students planned
 1664  to be educated in relocatable facilities during each year of the
 1665  tentative district facilities work program. For determining
 1666  future needs, student capacity may not be assigned to any
 1667  relocatable classroom that is scheduled for elimination or
 1668  replacement with a permanent educational facility in the current
 1669  year of the adopted district educational facilities plan and in
 1670  the district facilities work program adopted under this section.
 1671  Those relocatable classrooms clearly identified and scheduled
 1672  for replacement in a school-board-adopted, financially feasible,
 1673  5-year district facilities work program shall be counted at zero
 1674  capacity at the time the work program is adopted and approved by
 1675  the school board. However, if the district facilities work
 1676  program is changed and the relocatable classrooms are not
 1677  replaced as scheduled in the work program, the classrooms must
 1678  be reentered into the system and be counted at actual capacity.
 1679  Relocatable classrooms may not be perpetually added to the work
 1680  program or continually extended for purposes of circumventing
 1681  this section. All relocatable classrooms not identified and
 1682  scheduled for replacement, including those owned, lease
 1683  purchased, or leased by the school district, must be counted at
 1684  actual student capacity. The district educational facilities
 1685  plan must identify the number of relocatable student stations
 1686  scheduled for replacement during the 5-year survey period and
 1687  the total dollar amount needed for that replacement.
 1688         g. Plans for the closure of any school, including plans for
 1689  disposition of the facility or usage of facility space, and
 1690  anticipated revenues.
 1691         h. Projects for which capital outlay and debt service funds
 1692  accruing under s. 9(d), Art. XII of the State Constitution are
 1693  to be used shall be identified separately in priority order on a
 1694  project priority list within the district facilities work
 1695  program.
 1696         3. The projected cost for each project identified in the
 1697  district facilities work program. For proposed projects for new
 1698  student stations, a schedule shall be prepared comparing the
 1699  planned cost and square footage for each new student station, by
 1700  elementary, middle, and high school levels, to the low, average,
 1701  and high cost of facilities constructed throughout the state
 1702  during the most recent fiscal year for which data is available
 1703  from the Department of Education.
 1704         4. A schedule of estimated capital outlay revenues from
 1705  each currently approved source which is estimated to be
 1706  available for expenditure on the projects included in the
 1707  district facilities work program.
 1708         5. A schedule indicating which projects included in the
 1709  district facilities work program will be funded from current
 1710  revenues projected in subparagraph 4.
 1711         6. A schedule of options for the generation of additional
 1712  revenues by the district for expenditure on projects identified
 1713  in the district facilities work program which are not funded
 1714  under subparagraph 5. Additional anticipated revenues may
 1715  include effort index grants, SIT Program awards, and Classrooms
 1716  First funds.
 1717         Section 21. Subsections (3), (5), (6), (7), (8), (9), (10),
 1718  and (11) of section 1013.351, Florida Statutes, are amended to
 1719  read:
 1720         1013.351 Coordination of planning between the Florida
 1721  School for the Deaf and the Blind and local governing bodies.—
 1722         (3) The board of trustees and the municipality in which the
 1723  school is located may enter into an interlocal agreement to
 1724  establish the specific ways in which the plans and processes of
 1725  the board of trustees and the local government are to be
 1726  coordinated. If the school and local government enter into an
 1727  interlocal agreement, the agreement must be submitted to the
 1728  state land planning agency and the Office of Educational
 1729  Facilities.
 1730         (5)(a) The Office of Educational Facilities shall submit
 1731  any comments or concerns regarding the executed interlocal
 1732  agreements to the state land planning agency no later than 30
 1733  days after receipt of the executed interlocal agreements. The
 1734  state land planning agency shall review the executed interlocal
 1735  agreements to determine whether they are consistent with the
 1736  requirements of subsection (4), the adopted local government
 1737  comprehensive plans, and other requirements of law. Not later
 1738  than 60 days after receipt of an executed interlocal agreement,
 1739  the state land planning agency shall publish a notice of intent
 1740  in the Florida Administrative Weekly. The notice of intent must
 1741  state that the interlocal agreement is consistent or
 1742  inconsistent with the requirements of subsection (4) and this
 1743  subsection as appropriate.
 1744         (b)1. The state land planning agency’s notice is subject to
 1745  challenge under chapter 120. However, an affected person, as
 1746  defined in s. 163.3184, has standing to initiate the
 1747  administrative proceeding, and this proceeding is the sole means
 1748  available to challenge the consistency of an interlocal
 1749  agreement with the criteria contained in subsection (4) and this
 1750  subsection. In order to have standing, a person must have
 1751  submitted oral or written comments, recommendations, or
 1752  objections to the appropriate local government or the board of
 1753  trustees before the adoption of the interlocal agreement by the
 1754  board of trustees and local government. The board of trustees
 1755  and the appropriate local government are parties to any such
 1756  proceeding.
 1757         2. In the administrative proceeding, if the state land
 1758  planning agency finds the interlocal agreement to be consistent
 1759  with the criteria in subsection (4) and this subsection, the
 1760  interlocal agreement must be determined to be consistent with
 1761  subsection (4) and this subsection if the local government and
 1762  board of trustees is fairly debatable.
 1763         3. If the state land planning agency finds the interlocal
 1764  agreement to be inconsistent with the requirements of subsection
 1765  (4) and this subsection, the determination of consistency by the
 1766  local government and board of trustees shall be sustained unless
 1767  it is shown by a preponderance of the evidence that the
 1768  interlocal agreement is inconsistent.
 1769         (c) If the state land planning agency enters a final order
 1770  that finds that the interlocal agreement is inconsistent with
 1771  the requirements of subsection (4) or this subsection, the state
 1772  land planning agency shall identify the issues in dispute and
 1773  submit the matter to the Administration Commission for final
 1774  action. The report to the Administration Commission must list
 1775  each issue in dispute, describe the nature and basis for each
 1776  dispute, identify alternative resolutions of each dispute, and
 1777  make recommendations. After receiving the report from the state
 1778  land planning agency, the Administration Commission shall take
 1779  action to resolve the issues. In deciding upon a proper
 1780  resolution, the Administration Commission shall consider the
 1781  nature of the issues in dispute, the compliance of the parties
 1782  with this section, the extent of the conflict between the
 1783  parties, the comparative hardships, and the public interest
 1784  involved. In resolving the matter, the Administration Commission
 1785  may prescribe, by order, the contents of the interlocal
 1786  agreement which shall be executed by the board of trustees and
 1787  the local government.
 1788         (5)(6) An interlocal agreement may be amended under
 1789  subsections (2)-(4) (2)-(5):
 1790         (a) In conjunction with updates to the school’s educational
 1791  plant survey prepared under s. 1013.31; or
 1792         (b) If either party delays by more than 12 months the
 1793  construction of a capital improvement identified in the
 1794  agreement.
 1795         (6)(7) This section does not prohibit a local governing
 1796  body and the board of trustees from agreeing and establishing an
 1797  alternative process for reviewing proposed expansions to the
 1798  school’s campus and offsite impacts, under the interlocal
 1799  agreement adopted in accordance with subsections (2)-(5) (2)
 1800  (6).
 1801         (7)(8) School facilities within the geographic area or the
 1802  campus of the school as it existed on or before January 1, 1998,
 1803  are consistent with the local government’s comprehensive plan
 1804  developed under part II of chapter 163 and consistent with the
 1805  plan’s implementing land development regulations.
 1806         (8)(9) To improve coordination relative to potential
 1807  educational facility sites, the board of trustees shall provide
 1808  written notice to the local governments consistent with the
 1809  interlocal agreements entered under subsections (2)-(5) (2)-(6)
 1810  at least 60 days before the board of trustees acquires any
 1811  additional property. The local government shall notify the board
 1812  of trustees no later than 45 days after receipt of this notice
 1813  if the site proposed for acquisition is consistent with the land
 1814  use categories and policies of the local government’s
 1815  comprehensive plan. This preliminary notice does not constitute
 1816  the local government’s determination of consistency under
 1817  subsection (9) (10).
 1818         (9)(10) As early in the design phase as feasible, but no
 1819  later than 90 days before commencing construction, the board of
 1820  trustees shall request in writing a determination of consistency
 1821  with the local government’s comprehensive plan and local
 1822  development regulations for the proposed use of any property
 1823  acquired by the board of trustees on or after January 1, 1998.
 1824  The local governing body that regulates the use of land shall
 1825  determine, in writing, no later than 45 days after receiving the
 1826  necessary information and a school board’s request for a
 1827  determination, whether a proposed use of the property is
 1828  consistent with the local comprehensive plan and consistent with
 1829  local land development regulations. If the local governing body
 1830  determines the proposed use is consistent, construction may
 1831  commence and additional local government approvals are not
 1832  required, except as provided in this section. Failure of the
 1833  local governing body to make a determination in writing within
 1834  90 days after receiving the board of trustees’ request for a
 1835  determination of consistency shall be considered an approval of
 1836  the board of trustees’ application. This subsection does not
 1837  apply to facilities to be located on the property if a contract
 1838  for construction of the facilities was entered on or before the
 1839  effective date of this act.
 1840         (10)(11) Disputes that arise in the implementation of an
 1841  executed interlocal agreement or in the determinations required
 1842  pursuant to subsection (8) (9) or subsection (9) (10) must be
 1843  resolved in accordance with chapter 164.
 1844         Section 22. Subsection (6) of section 1013.36, Florida
 1845  Statutes, is amended to read:
 1846         1013.36 Site planning and selection.—
 1847         (6) If the school board and local government have entered
 1848  into an interlocal agreement pursuant to s. 1013.33(2) and
 1849  either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
 1850  process to ensure consistency between the local government
 1851  comprehensive plan and the school district educational
 1852  facilities plan, site planning and selection must be consistent
 1853  with the interlocal agreements and the plans.
 1854         Section 23. This act shall take effect upon becoming a law.