Florida Senate - 2012 CS for CS for SB 842
By the Committees on Commerce and Tourism; and Community
Affairs; and Senator Bennett
577-02854-12 2012842c2
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.; revising provisions
10 related to growth management; requiring comments by
11 military installations to be considered by local
12 governments in a manner consistent with s. 163.3184,
13 F.S.; specifying comments to be considered by the
14 local government; amending s. 163.3177, F.S.; revising
15 the housing and intergovernmental coordination
16 elements of comprehensive plans; amending s.
17 163.31777, F.S.; exempting certain municipalities from
18 public schools interlocal-agreement requirements;
19 providing requirements for municipalities meeting the
20 exemption criteria; amending s. 163.3178, F.S.;
21 replacing a reference to the Department of Community
22 Affairs with the state land planning agency; deleting
23 provisions relating to the Coastal Resources
24 Interagency Management Committee; amending s.
25 163.3180, F.S., relating to concurrency; revising and
26 providing requirements relating to public facilities
27 and services, public education facilities, and local
28 school concurrency system requirements; deleting
29 provisions excluding a municipality that is not a
30 signatory to a certain interlocal agreement from
31 participating in a school concurrency system; amending
32 s. 163.3184, F.S.; revising provisions relating to the
33 expedited state review process for adoption of
34 comprehensive plan amendments; clarifying the time in
35 which a local government must transmit an amendment to
36 a comprehensive plan and supporting data and analyses
37 to the reviewing agencies; deleting the deadlines in
38 administrative challenges to comprehensive plans and
39 plan amendments for the entry of final orders and
40 referrals of recommended orders; specifying a deadline
41 for the state land planning agency to issue a notice
42 of intent after receiving a complete comprehensive
43 plan or plan amendment adopted pursuant to a
44 compliance agreement; amending s. 163.3191, F.S.;
45 conforming a cross-reference to changes made by the
46 act; amending s. 163.3245, F.S.; deleting an obsolete
47 cross-reference; deleting a reporting requirement
48 relating to optional sector plans; amending s.
49 186.002, F.S.; deleting a requirement for the Governor
50 to consider certain evaluation and appraisal reports
51 in preparing certain plans and amendments; amending s.
52 186.007, F.S.; deleting a requirement for the Governor
53 to consider certain evaluation and appraisal reports
54 when reviewing the state comprehensive plan; amending
55 s. 186.505, F.S.; requiring a regional planning
56 council to determine before accepting a grant that the
57 purpose of the grant is in furtherance of its
58 functions; prohibiting a regional planning council
59 from providing consulting services for a fee to any
60 local government for a project for which the council
61 will serve in a review capacity; prohibiting a
62 regional planning council from providing consulting
63 services to a private developer or landowner for a
64 project for which the council may serve in a review
65 capacity in the future; amending s. 186.508, F.S.;
66 requiring that regional planning councils coordinate
67 implementation of the strategic regional policy plans
68 with the evaluation and appraisal process; amending s.
69 189.415, F.S.; requiring an independent special
70 district to update its public facilities report every
71 7 years and at least 12 months before the submission
72 date of the evaluation and appraisal notification
73 letter; requiring the Department of Economic
74 Opportunity to post a schedule of the due dates for
75 public facilities reports and updates that independent
76 special districts must provide to local governments;
77 amending s. 288.975, F.S.; deleting a provision
78 exempting local government plan amendments necessary
79 to initially adopt the military base reuse plan from a
80 limitation on the frequency of plan amendments;
81 amending s. 380.06, F.S.; correcting cross-references;
82 amending s. 380.115, F.S.; adding a cross-reference
83 for exempt developments; amending s. 1013.33, F.S.;
84 deleting redundant requirements for interlocal
85 agreements relating to public education facilities;
86 amending s. 1013.35, F.S.; deleting a cross-reference
87 to conform to changes made by the act; amending s.
88 1013.351, F.S.; deleting redundant requirements for
89 the submission of certain interlocal agreements to the
90 Office of Educational Facilities and the state land
91 planning agency and for review of the interlocal
92 agreement by the office and the agency; amending s.
93 1013.36, F.S.; deleting an obsolete cross-reference;
94 providing an effective date.
95
96 Be It Enacted by the Legislature of the State of Florida:
97
98 Section 1. Subsection (8) of section 163.3167, Florida
99 Statutes, is amended to read:
100 163.3167 Scope of act.—
101 (8) An initiative or referendum process in regard to any
102 development order or in regard to any local comprehensive plan
103 amendment or map amendment is prohibited. However, any local
104 government charter provision that was in effect as of June 1,
105 2011, for an initiative or referendum process in regard to
106 development orders or in regard to local comprehensive plan
107 amendments or map amendments may be retained and implemented.
108 Section 2. Paragraph (b) of subsection (4) of section
109 163.3174, Florida Statutes, is amended to read:
110 163.3174 Local planning agency.—
111 (4) The local planning agency shall have the general
112 responsibility for the conduct of the comprehensive planning
113 program. Specifically, the local planning agency shall:
114 (b) Monitor and oversee the effectiveness and status of the
115 comprehensive plan and recommend to the governing body such
116 changes in the comprehensive plan as may from time to time be
117 required, including the periodic evaluation and appraisal of the
118 comprehensive plan preparation of the periodic reports required
119 by s. 163.3191.
120 Section 3. Subsections (3), (5), and (6) of section
121 163.3175, Florida Statutes, are amended to read:
122 163.3175 Legislative findings on compatibility of
123 development with military installations; exchange of information
124 between local governments and military installations.—
125 (3) The Florida Defense Support Task Force Council on
126 Military Base and Mission Support may recommend to the
127 Legislature changes to the military installations and local
128 governments specified in subsection (2) based on a military
129 base’s potential for impacts from encroachment, and incompatible
130 land uses and development.
131 (5) The commanding officer or his or her designee may
132 provide advisory comments to the affected local government on
133 the impact such proposed changes may have on the mission of the
134 military installation. Such advisory comments shall be based on
135 data and analyses provided with the comments and may include:
136 (a) If the installation has an airfield, whether such
137 proposed changes will be incompatible with the safety and noise
138 standards contained in the Air Installation Compatible Use Zone
139 (AICUZ) adopted by the military installation for that airfield;
140 (b) Whether such changes are incompatible with the
141 Installation Environmental Noise Management Program (IENMP) of
142 the United States Army;
143 (c) Whether such changes are incompatible with the findings
144 of a Joint Land Use Study (JLUS) for the area if one has been
145 completed; and
146 (d) Whether the military installation’s mission will be
147 adversely affected by the proposed actions of the county or
148 affected local government.
149
150 The commanding officer’s comments, underlying studies, and
151 reports shall be considered by the local government in the same
152 manner as the comments received from other reviewing agencies
153 pursuant to s. 163.3184 are not binding on the local government.
154 (6) The affected local government shall take into
155 consideration any comments and accompanying data and analyses
156 provided by the commanding officer or his or her designee
157 pursuant to subsection (4) as they relate to the strategic
158 mission of the base, public safety, and the economic vitality
159 associated with the base’s operations, while also respecting and
160 must also be sensitive to private property rights and not being
161 be unduly restrictive on those rights. The affected local
162 government shall forward a copy of any comments regarding
163 comprehensive plan amendments to the state land planning agency.
164 Section 4. Paragraph (h) of subsection (6) of section
165 163.3177, Florida Statutes, is amended to read:
166 163.3177 Required and optional elements of comprehensive
167 plan; studies and surveys.—
168 (6) In addition to the requirements of subsections (1)-(5),
169 the comprehensive plan shall include the following elements:
170 (h)1. An intergovernmental coordination element showing
171 relationships and stating principles and guidelines to be used
172 in coordinating the adopted comprehensive plan with the plans of
173 school boards, regional water supply authorities, and other
174 units of local government providing services but not having
175 regulatory authority over the use of land, with the
176 comprehensive plans of adjacent municipalities, the county,
177 adjacent counties, or the region, with the state comprehensive
178 plan and with the applicable regional water supply plan approved
179 pursuant to s. 373.709, as the case may require and as such
180 adopted plans or plans in preparation may exist. This element of
181 the local comprehensive plan must demonstrate consideration of
182 the particular effects of the local plan, when adopted, upon the
183 development of adjacent municipalities, the county, adjacent
184 counties, or the region, or upon the state comprehensive plan,
185 as the case may require.
186 a. The intergovernmental coordination element must provide
187 procedures for identifying and implementing joint planning
188 areas, especially for the purpose of annexation, municipal
189 incorporation, and joint infrastructure service areas.
190 b. The intergovernmental coordination element shall provide
191 for a dispute resolution process, as established pursuant to s.
192 186.509, for bringing intergovernmental disputes to closure in a
193 timely manner.
194 c. The intergovernmental coordination element shall provide
195 for interlocal agreements as established pursuant to s.
196 333.03(1)(b).
197 2. The intergovernmental coordination element shall also
198 state principles and guidelines to be used in coordinating the
199 adopted comprehensive plan with the plans of school boards and
200 other units of local government providing facilities and
201 services but not having regulatory authority over the use of
202 land. In addition, the intergovernmental coordination element
203 must describe joint processes for collaborative planning and
204 decisionmaking on population projections and public school
205 siting, the location and extension of public facilities subject
206 to concurrency, and siting facilities with countywide
207 significance, including locally unwanted land uses whose nature
208 and identity are established in an agreement.
209 3. Within 1 year after adopting their intergovernmental
210 coordination elements, each county, all the municipalities
211 within that county, the district school board, and any unit of
212 local government service providers in that county shall
213 establish by interlocal or other formal agreement executed by
214 all affected entities, the joint processes described in this
215 subparagraph consistent with their adopted intergovernmental
216 coordination elements. The agreement element must:
217 a. Ensure that the local government addresses through
218 coordination mechanisms the impacts of development proposed in
219 the local comprehensive plan upon development in adjacent
220 municipalities, the county, adjacent counties, the region, and
221 the state. The area of concern for municipalities includes shall
222 include adjacent municipalities, the county, and counties
223 adjacent to the municipality. The area of concern for counties
224 includes shall include all municipalities within the county,
225 adjacent counties, and adjacent municipalities.
226 b. Ensure coordination in establishing level of service
227 standards for public facilities with any state, regional, or
228 local entity having operational and maintenance responsibility
229 for such facilities.
230 Section 5. Subsections (3) and (4) are added to section
231 163.31777, Florida Statutes, to read:
232 163.31777 Public schools interlocal agreement.—
233 (3) A municipality is exempt from the requirements of
234 subsections (1) and (2) if the municipality meets all of the
235 following criteria for having no significant impact on school
236 attendance:
237 (a) The municipality has issued development orders for
238 fewer than 50 residential dwelling units during the preceding 5
239 years, or the municipality has generated fewer than 25
240 additional public school students during the preceding 5 years.
241 (b) The municipality has not annexed new land during the
242 preceding 5 years in land use categories that permit residential
243 uses that will affect school attendance rates.
244 (c) The municipality has no public schools located within
245 its boundaries.
246 (d) At least 80 percent of the developable land within the
247 boundaries of the municipality has been built upon.
248 (4) At the time of the evaluation and appraisal of its
249 comprehensive plan pursuant to s. 163.3191, each exempt
250 municipality shall assess the extent to which it continues to
251 meet the criteria for exemption under subsection (3). If the
252 municipality continues to meet the criteria for exemption under
253 subsection (3), the municipality shall continue to be exempt
254 from the interlocal-agreement requirement. Each municipality
255 exempt under subsection (3) must comply with this section within
256 1 year after the district school board proposes, in its 5-year
257 district facilities work program, a new school within the
258 municipality’s jurisdiction.
259 Section 6. Subsections (3) and (6) of section 163.3178,
260 Florida Statutes, are amended to read:
261 163.3178 Coastal management.—
262 (3) Expansions to port harbors, spoil disposal sites,
263 navigation channels, turning basins, harbor berths, and other
264 related inwater harbor facilities of ports listed in s.
265 403.021(9); port transportation facilities and projects listed
266 in s. 311.07(3)(b); intermodal transportation facilities
267 identified pursuant to s. 311.09(3); and facilities determined
268 by the state land planning agency Department of Community
269 Affairs and applicable general-purpose local government to be
270 port-related industrial or commercial projects located within 3
271 miles of or in a port master plan area which rely upon the use
272 of port and intermodal transportation facilities shall not be
273 designated as developments of regional impact if such
274 expansions, projects, or facilities are consistent with
275 comprehensive master plans that are in compliance with this
276 section.
277 (6) Local governments are encouraged to adopt countywide
278 marina siting plans to designate sites for existing and future
279 marinas. The Coastal Resources Interagency Management Committee,
280 at the direction of the Legislature, shall identify incentives
281 to encourage local governments to adopt such siting plans and
282 uniform criteria and standards to be used by local governments
283 to implement state goals, objectives, and policies relating to
284 marina siting. These criteria must ensure that priority is given
285 to water-dependent land uses. Countywide marina siting plans
286 must be consistent with state and regional environmental
287 planning policies and standards. Each local government in the
288 coastal area which participates in adoption of a countywide
289 marina siting plan shall incorporate the plan into the coastal
290 management element of its local comprehensive plan.
291 Section 7. Paragraph (a) of subsection (1) and paragraphs
292 (a), (i), (j), and (k) of subsection (6) of section 163.3180,
293 Florida Statutes, are amended to read:
294 163.3180 Concurrency.—
295 (1) Sanitary sewer, solid waste, drainage, and potable
296 water are the only public facilities and services subject to the
297 concurrency requirement on a statewide basis. Additional public
298 facilities and services may not be made subject to concurrency
299 on a statewide basis without approval by the Legislature;
300 however, any local government may extend the concurrency
301 requirement so that it applies to additional public facilities
302 within its jurisdiction.
303 (a) If concurrency is applied to other public facilities,
304 the local government comprehensive plan must provide the
305 principles, guidelines, standards, and strategies, including
306 adopted levels of service, to guide its application. In order
307 for a local government to rescind any optional concurrency
308 provisions, a comprehensive plan amendment is required. An
309 amendment rescinding optional concurrency issues shall be
310 processed under the expedited state review process in s.
311 163.3184(3), but the amendment is not subject to state review
312 and is not required to be transmitted to the reviewing agencies
313 for comments, except that the local government shall transmit
314 the amendment to any local government or government agency that
315 has filed a request with the governing body, and for municipal
316 amendments, the amendment shall be transmitted to the county in
317 which the municipality is located. For informational purposes
318 only, a copy of the adopted amendment shall be provided to the
319 state land planning agency. A copy of the adopted amendment
320 shall also be provided to the Department of Transportation if
321 the amendment rescinds transportation concurrency and to the
322 Department of Education if the amendment rescinds school
323 concurrency.
324 (6)(a) Local governments that apply If concurrency is
325 applied to public education facilities, all local governments
326 within a county, except as provided in paragraph (i), shall
327 include principles, guidelines, standards, and strategies,
328 including adopted levels of service, in their comprehensive
329 plans and interlocal agreements. The choice of one or more
330 municipalities to not adopt school concurrency and enter into
331 the interlocal agreement does not preclude implementation of
332 school concurrency within other jurisdictions of the school
333 district if the county and one or more municipalities have
334 adopted school concurrency into their comprehensive plan and
335 interlocal agreement that represents at least 80 percent of the
336 total countywide population, the failure of one or more
337 municipalities to adopt the concurrency and enter into the
338 interlocal agreement does not preclude implementation of school
339 concurrency within jurisdictions of the school district that
340 have opted to implement concurrency. All local government
341 provisions included in comprehensive plans regarding school
342 concurrency within a county must be consistent with each other
343 as well as the requirements of this part.
344 (i) A municipality is not required to be a signatory to the
345 interlocal agreement required by paragraph (j), as a
346 prerequisite for imposition of school concurrency, and as a
347 nonsignatory, may not participate in the adopted local school
348 concurrency system, if the municipality meets all of the
349 following criteria for having no significant impact on school
350 attendance:
351 1. The municipality has issued development orders for fewer
352 than 50 residential dwelling units during the preceding 5 years,
353 or the municipality has generated fewer than 25 additional
354 public school students during the preceding 5 years.
355 2. The municipality has not annexed new land during the
356 preceding 5 years in land use categories which permit
357 residential uses that will affect school attendance rates.
358 3. The municipality has no public schools located within
359 its boundaries.
360 4. At least 80 percent of the developable land within the
361 boundaries of the municipality has been built upon.
362 (i)(j) When establishing concurrency requirements for
363 public schools, a local government must enter into an interlocal
364 agreement that satisfies the requirements in ss.
365 163.3177(6)(h)1. and 2. and 163.31777 and the requirements of
366 this subsection. The interlocal agreement shall acknowledge both
367 the school board’s constitutional and statutory obligations to
368 provide a uniform system of free public schools on a countywide
369 basis, and the land use authority of local governments,
370 including their authority to approve or deny comprehensive plan
371 amendments and development orders. The interlocal agreement
372 shall meet the following requirements:
373 1. Establish the mechanisms for coordinating the
374 development, adoption, and amendment of each local government’s
375 school concurrency related provisions of the comprehensive plan
376 with each other and the plans of the school board to ensure a
377 uniform districtwide school concurrency system.
378 2. Specify uniform, districtwide level-of-service standards
379 for public schools of the same type and the process for
380 modifying the adopted level-of-service standards.
381 3. Define the geographic application of school concurrency.
382 If school concurrency is to be applied on a less than
383 districtwide basis in the form of concurrency service areas, the
384 agreement shall establish criteria and standards for the
385 establishment and modification of school concurrency service
386 areas. The agreement shall ensure maximum utilization of school
387 capacity, taking into account transportation costs and court
388 approved desegregation plans, as well as other factors.
389 4. Establish a uniform districtwide procedure for
390 implementing school concurrency which provides for:
391 a. The evaluation of development applications for
392 compliance with school concurrency requirements, including
393 information provided by the school board on affected schools,
394 impact on levels of service, and programmed improvements for
395 affected schools and any options to provide sufficient capacity;
396 b. An opportunity for the school board to review and
397 comment on the effect of comprehensive plan amendments and
398 rezonings on the public school facilities plan; and
399 c. The monitoring and evaluation of the school concurrency
400 system.
401 5. A process and uniform methodology for determining
402 proportionate-share mitigation pursuant to paragraph (h).
403 (j)(k) This subsection does not limit the authority of a
404 local government to grant or deny a development permit or its
405 functional equivalent prior to the implementation of school
406 concurrency.
407 Section 8. Paragraphs (b) and (c) of subsection (3),
408 paragraphs (b) and (e) of subsection (4), paragraphs (b), (d),
409 and (e) of subsection (5), paragraph (f) of subsection (6), and
410 subsection (12) of section 163.3184, Florida Statutes, are
411 amended to read:
412 163.3184 Process for adoption of comprehensive plan or plan
413 amendment.—
414 (3) EXPEDITED STATE REVIEW PROCESS FOR ADOPTION OF
415 COMPREHENSIVE PLAN AMENDMENTS.—
416 (b)1. The local government, after the initial public
417 hearing held pursuant to subsection (11), shall transmit within
418 10 calendar days the amendment or amendments and appropriate
419 supporting data and analyses to the reviewing agencies. The
420 local governing body shall also transmit a copy of the
421 amendments and supporting data and analyses to any other local
422 government or governmental agency that has filed a written
423 request with the governing body.
424 2. The reviewing agencies and any other local government or
425 governmental agency specified in subparagraph 1. may provide
426 comments regarding the amendment or amendments to the local
427 government. State agencies shall only comment on important state
428 resources and facilities that will be adversely impacted by the
429 amendment if adopted. Comments provided by state agencies shall
430 state with specificity how the plan amendment will adversely
431 impact an important state resource or facility and shall
432 identify measures the local government may take to eliminate,
433 reduce, or mitigate the adverse impacts. Such comments, if not
434 resolved, may result in a challenge by the state land planning
435 agency to the plan amendment. Agencies and local governments
436 must transmit their comments to the affected local government
437 such that they are received by the local government not later
438 than 30 days from the date on which the agency or government
439 received the amendment or amendments. Reviewing agencies shall
440 also send a copy of their comments to the state land planning
441 agency.
442 3. Comments to the local government from a regional
443 planning council, county, or municipality shall be limited as
444 follows:
445 a. The regional planning council review and comments shall
446 be limited to adverse effects on regional resources or
447 facilities identified in the strategic regional policy plan and
448 extrajurisdictional impacts that would be inconsistent with the
449 comprehensive plan of any affected local government within the
450 region. A regional planning council may not review and comment
451 on a proposed comprehensive plan amendment prepared by such
452 council unless the plan amendment has been changed by the local
453 government subsequent to the preparation of the plan amendment
454 by the regional planning council.
455 b. County comments shall be in the context of the
456 relationship and effect of the proposed plan amendments on the
457 county plan.
458 c. Municipal comments shall be in the context of the
459 relationship and effect of the proposed plan amendments on the
460 municipal plan.
461 d. Military installation comments shall be provided in
462 accordance with s. 163.3175.
463 4. Comments to the local government from state agencies
464 shall be limited to the following subjects as they relate to
465 important state resources and facilities that will be adversely
466 impacted by the amendment if adopted:
467 a. The Department of Environmental Protection shall limit
468 its comments to the subjects of air and water pollution;
469 wetlands and other surface waters of the state; federal and
470 state-owned lands and interest in lands, including state parks,
471 greenways and trails, and conservation easements; solid waste;
472 water and wastewater treatment; and the Everglades ecosystem
473 restoration.
474 b. The Department of State shall limit its comments to the
475 subjects of historic and archaeological resources.
476 c. The Department of Transportation shall limit its
477 comments to issues within the agency’s jurisdiction as it
478 relates to transportation resources and facilities of state
479 importance.
480 d. The Fish and Wildlife Conservation Commission shall
481 limit its comments to subjects relating to fish and wildlife
482 habitat and listed species and their habitat.
483 e. The Department of Agriculture and Consumer Services
484 shall limit its comments to the subjects of agriculture,
485 forestry, and aquaculture issues.
486 f. The Department of Education shall limit its comments to
487 the subject of public school facilities.
488 g. The appropriate water management district shall limit
489 its comments to flood protection and floodplain management,
490 wetlands and other surface waters, and regional water supply.
491 h. The state land planning agency shall limit its comments
492 to important state resources and facilities outside the
493 jurisdiction of other commenting state agencies and may include
494 comments on countervailing planning policies and objectives
495 served by the plan amendment that should be balanced against
496 potential adverse impacts to important state resources and
497 facilities.
498 (c)1. The local government shall hold its second public
499 hearing, which shall be a hearing on whether to adopt one or
500 more comprehensive plan amendments pursuant to subsection (11).
501 If the local government fails, within 180 days after receipt of
502 agency comments, to hold the second public hearing, the
503 amendments shall be deemed withdrawn unless extended by
504 agreement with notice to the state land planning agency and any
505 affected person that provided comments on the amendment. The
506 180-day limitation does not apply to amendments processed
507 pursuant to s. 380.06.
508 2. All comprehensive plan amendments adopted by the
509 governing body, along with the supporting data and analysis,
510 shall be transmitted within 10 calendar days after the second
511 public hearing to the state land planning agency and any other
512 agency or local government that provided timely comments under
513 subparagraph (b)2.
514 3. The state land planning agency shall notify the local
515 government of any deficiencies within 5 working days after
516 receipt of an amendment package. For purposes of completeness,
517 an amendment shall be deemed complete if it contains a full,
518 executed copy of the adoption ordinance or ordinances; in the
519 case of a text amendment, a full copy of the amended language in
520 legislative format with new words inserted in the text
521 underlined, and words deleted stricken with hyphens; in the case
522 of a future land use map amendment, a copy of the future land
523 use map clearly depicting the parcel, its existing future land
524 use designation, and its adopted designation; and a copy of any
525 data and analyses the local government deems appropriate.
526 4. An amendment adopted under this paragraph does not
527 become effective until 31 days after the state land planning
528 agency notifies the local government that the plan amendment
529 package is complete. If timely challenged, an amendment does not
530 become effective until the state land planning agency or the
531 Administration Commission enters a final order determining the
532 adopted amendment to be in compliance.
533 (4) STATE COORDINATED REVIEW PROCESS.—
534 (b) Local government transmittal of proposed plan or
535 amendment.—Each local governing body proposing a plan or plan
536 amendment specified in paragraph (2)(c) shall transmit the
537 complete proposed comprehensive plan or plan amendment to the
538 reviewing agencies within 10 calendar days after immediately
539 following the first public hearing pursuant to subsection (11).
540 The transmitted document shall clearly indicate on the cover
541 sheet that this plan amendment is subject to the state
542 coordinated review process of this subsection. The local
543 governing body shall also transmit a copy of the complete
544 proposed comprehensive plan or plan amendment to any other unit
545 of local government or government agency in the state that has
546 filed a written request with the governing body for the plan or
547 plan amendment.
548 (e) Local government review of comments; adoption of plan
549 or amendments and transmittal.—
550 1. The local government shall review the report submitted
551 to it by the state land planning agency, if any, and written
552 comments submitted to it by any other person, agency, or
553 government. The local government, upon receipt of the report
554 from the state land planning agency, shall hold its second
555 public hearing, which shall be a hearing to determine whether to
556 adopt the comprehensive plan or one or more comprehensive plan
557 amendments pursuant to subsection (11). If the local government
558 fails to hold the second hearing within 180 days after receipt
559 of the state land planning agency’s report, the amendments shall
560 be deemed withdrawn unless extended by agreement with notice to
561 the state land planning agency and any affected person that
562 provided comments on the amendment. The 180-day limitation does
563 not apply to amendments processed pursuant to s. 380.06.
564 2. All comprehensive plan amendments adopted by the
565 governing body, along with the supporting data and analysis,
566 shall be transmitted within 10 calendar days after the second
567 public hearing to the state land planning agency and any other
568 agency or local government that provided timely comments under
569 paragraph (c).
570 3. The state land planning agency shall notify the local
571 government of any deficiencies within 5 working days after
572 receipt of a plan or plan amendment package. For purposes of
573 completeness, a plan or plan amendment shall be deemed complete
574 if it contains a full, executed copy of the adoption ordinance
575 or ordinances; in the case of a text amendment, a full copy of
576 the amended language in legislative format with new words
577 inserted in the text underlined, and words deleted stricken with
578 hyphens; in the case of a future land use map amendment, a copy
579 of the future land use map clearly depicting the parcel, its
580 existing future land use designation, and its adopted
581 designation; and a copy of any data and analyses the local
582 government deems appropriate.
583 4. After the state land planning agency makes a
584 determination of completeness regarding the adopted plan or plan
585 amendment, the state land planning agency shall have 45 days to
586 determine if the plan or plan amendment is in compliance with
587 this act. Unless the plan or plan amendment is substantially
588 changed from the one commented on, the state land planning
589 agency’s compliance determination shall be limited to objections
590 raised in the objections, recommendations, and comments report.
591 During the period provided for in this subparagraph, the state
592 land planning agency shall issue, through a senior administrator
593 or the secretary, a notice of intent to find that the plan or
594 plan amendment is in compliance or not in compliance. The state
595 land planning agency shall post a copy of the notice of intent
596 on the agency’s Internet website. Publication by the state land
597 planning agency of the notice of intent on the state land
598 planning agency’s Internet site shall be prima facie evidence of
599 compliance with the publication requirements of this
600 subparagraph.
601 5. A plan or plan amendment adopted under the state
602 coordinated review process shall go into effect pursuant to the
603 state land planning agency’s notice of intent. If timely
604 challenged, an amendment does not become effective until the
605 state land planning agency or the Administration Commission
606 enters a final order determining the adopted amendment to be in
607 compliance.
608 (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
609 AMENDMENTS.—
610 (b) The state land planning agency may file a petition with
611 the Division of Administrative Hearings pursuant to ss. 120.569
612 and 120.57, with a copy served on the affected local government,
613 to request a formal hearing to challenge whether the plan or
614 plan amendment is in compliance as defined in paragraph (1)(b).
615 The state land planning agency’s petition must clearly state the
616 reasons for the challenge. Under the expedited state review
617 process, this petition must be filed with the division within 30
618 days after the state land planning agency notifies the local
619 government that the plan amendment package is complete according
620 to subparagraph (3)(c)3. Under the state coordinated review
621 process, this petition must be filed with the division within 45
622 days after the state land planning agency notifies the local
623 government that the plan amendment package is complete according
624 to subparagraph (4)(e)3 (3)(c)3.
625 1. The state land planning agency’s challenge to plan
626 amendments adopted under the expedited state review process
627 shall be limited to the comments provided by the reviewing
628 agencies pursuant to subparagraphs (3)(b)2.-4., upon a
629 determination by the state land planning agency that an
630 important state resource or facility will be adversely impacted
631 by the adopted plan amendment. The state land planning agency’s
632 petition shall state with specificity how the plan amendment
633 will adversely impact the important state resource or facility.
634 The state land planning agency may challenge a plan amendment
635 that has substantially changed from the version on which the
636 agencies provided comments but only upon a determination by the
637 state land planning agency that an important state resource or
638 facility will be adversely impacted.
639 2. If the state land planning agency issues a notice of
640 intent to find the comprehensive plan or plan amendment not in
641 compliance with this act, the notice of intent shall be
642 forwarded to the Division of Administrative Hearings of the
643 Department of Management Services, which shall conduct a
644 proceeding under ss. 120.569 and 120.57 in the county of and
645 convenient to the affected local jurisdiction. The parties to
646 the proceeding shall be the state land planning agency, the
647 affected local government, and any affected person who
648 intervenes. A No new issue may not be alleged as a reason to
649 find a plan or plan amendment not in compliance in an
650 administrative pleading filed more than 21 days after
651 publication of notice unless the party seeking that issue
652 establishes good cause for not alleging the issue within that
653 time period. Good cause does not include excusable neglect.
654 (d) If the administrative law judge recommends that the
655 amendment be found not in compliance, the judge shall submit the
656 recommended order to the Administration Commission for final
657 agency action. The Administration Commission shall make every
658 effort to enter a final order expeditiously, but at a minimum,
659 within the time period provided by s. 120.569 45 days after its
660 receipt of the recommended order.
661 (e) If the administrative law judge recommends that the
662 amendment be found in compliance, the judge shall submit the
663 recommended order to the state land planning agency.
664 1. If the state land planning agency determines that the
665 plan amendment should be found not in compliance, the agency
666 shall make every effort to refer, within 30 days after receipt
667 of the recommended order, the recommended order and its
668 determination expeditiously to the Administration Commission for
669 final agency action, but at a minimum within the time period
670 provided by 120.569.
671 2. If the state land planning agency determines that the
672 plan amendment should be found in compliance, the agency shall
673 enter its final order expeditiously, but at a minimum, within
674 the time period provided by s. 120.569 not later than 30 days
675 after receipt of the recommended order.
676 (6) COMPLIANCE AGREEMENT.—
677 (f) For challenges to amendments adopted under the state
678 coordinated process, the state land planning agency, upon
679 receipt of a plan or plan amendment adopted pursuant to a
680 compliance agreement, shall issue a cumulative notice of intent
681 addressing both the remedial amendment and the plan or plan
682 amendment that was the subject of the agreement within 20 days
683 after receiving a complete plan or plan amendment adopted
684 pursuant to a compliance agreement.
685 1. If the local government adopts a comprehensive plan or
686 plan amendment pursuant to a compliance agreement and a notice
687 of intent to find the plan amendment in compliance is issued,
688 the state land planning agency shall forward the notice of
689 intent to the Division of Administrative Hearings and the
690 administrative law judge shall realign the parties in the
691 pending proceeding under ss. 120.569 and 120.57, which shall
692 thereafter be governed by the process contained in paragraph
693 (5)(a) and subparagraph (5)(c)1., including provisions relating
694 to challenges by an affected person, burden of proof, and issues
695 of a recommended order and a final order. Parties to the
696 original proceeding at the time of realignment may continue as
697 parties without being required to file additional pleadings to
698 initiate a proceeding, but may timely amend their pleadings to
699 raise any challenge to the amendment that is the subject of the
700 cumulative notice of intent, and must otherwise conform to the
701 rules of procedure of the Division of Administrative Hearings.
702 Any affected person not a party to the realigned proceeding may
703 challenge the plan amendment that is the subject of the
704 cumulative notice of intent by filing a petition with the agency
705 as provided in subsection (5). The agency shall forward the
706 petition filed by the affected person not a party to the
707 realigned proceeding to the Division of Administrative Hearings
708 for consolidation with the realigned proceeding. If the
709 cumulative notice of intent is not challenged, the state land
710 planning agency shall request that the Division of
711 Administrative Hearings relinquish jurisdiction to the state
712 land planning agency for issuance of a final order.
713 2. If the local government adopts a comprehensive plan
714 amendment pursuant to a compliance agreement and a notice of
715 intent is issued that finds the plan amendment not in
716 compliance, the state land planning agency shall forward the
717 notice of intent to the Division of Administrative Hearings,
718 which shall consolidate the proceeding with the pending
719 proceeding and immediately set a date for a hearing in the
720 pending proceeding under ss. 120.569 and 120.57. Affected
721 persons who are not a party to the underlying proceeding under
722 ss. 120.569 and 120.57 may challenge the plan amendment adopted
723 pursuant to the compliance agreement by filing a petition
724 pursuant to paragraph (5)(a).
725 (12) CONCURRENT ZONING.—At the request of an applicant, a
726 local government shall consider an application for zoning
727 changes that would be required to properly enact any proposed
728 plan amendment transmitted pursuant to this section subsection.
729 Zoning changes approved by the local government are contingent
730 upon the comprehensive plan or plan amendment transmitted
731 becoming effective.
732 Section 9. Subsection (3) of section 163.3191, Florida
733 Statutes, is amended to read:
734 163.3191 Evaluation and appraisal of comprehensive plan.—
735 (3) Local governments are encouraged to comprehensively
736 evaluate and, as necessary, update comprehensive plans to
737 reflect changes in local conditions. Plan amendments transmitted
738 pursuant to this section shall be reviewed pursuant to s.
739 163.3184(4) in accordance with s. 163.3184.
740 Section 10. Subsections (1) and (7) of section 163.3245,
741 Florida Statutes, are amended, and present subsections (8)
742 through (14) of that section are redesignated as subsections (7)
743 through (13), respectively, to read:
744 163.3245 Sector plans.—
745 (1) In recognition of the benefits of long-range planning
746 for specific areas, local governments or combinations of local
747 governments may adopt into their comprehensive plans a sector
748 plan in accordance with this section. This section is intended
749 to promote and encourage long-term planning for conservation,
750 development, and agriculture on a landscape scale; to further
751 support the intent of s. 163.3177(11), which supports innovative
752 and flexible planning and development strategies, and the
753 purposes of this part and part I of chapter 380; to facilitate
754 protection of regionally significant resources, including, but
755 not limited to, regionally significant water courses and
756 wildlife corridors; and to avoid duplication of effort in terms
757 of the level of data and analysis required for a development of
758 regional impact, while ensuring the adequate mitigation of
759 impacts to applicable regional resources and facilities,
760 including those within the jurisdiction of other local
761 governments, as would otherwise be provided. Sector plans are
762 intended for substantial geographic areas that include at least
763 15,000 acres of one or more local governmental jurisdictions and
764 are to emphasize urban form and protection of regionally
765 significant resources and public facilities. A sector plan may
766 not be adopted in an area of critical state concern.
767 (7) Beginning December 1, 1999, and each year thereafter,
768 the department shall provide a status report to the President of
769 the Senate and the Speaker of the House of Representatives
770 regarding each optional sector plan authorized under this
771 section.
772 Section 11. Paragraph (d) of subsection (2) of section
773 186.002, Florida Statutes, is amended to read:
774 186.002 Findings and intent.—
775 (2) It is the intent of the Legislature that:
776 (d) The state planning process shall be informed and guided
777 by the experience of public officials at all levels of
778 government. In preparing any plans or proposed revisions or
779 amendments required by this chapter, the Governor shall consider
780 the experience of and information provided by local governments
781 in their evaluation and appraisal reports pursuant to s.
782 163.3191.
783 Section 12. Subsection (8) of section 186.007, Florida
784 Statutes, is amended to read:
785 186.007 State comprehensive plan; preparation; revision.—
786 (8) The revision of the state comprehensive plan is a
787 continuing process. Each section of the plan shall be reviewed
788 and analyzed biennially by the Executive Office of the Governor
789 in conjunction with the planning officers of other state
790 agencies significantly affected by the provisions of the
791 particular section under review. In conducting this review and
792 analysis, the Executive Office of the Governor shall review and
793 consider, with the assistance of the state land planning agency
794 and regional planning councils, the evaluation and appraisal
795 reports submitted pursuant to s. 163.3191 and the evaluation and
796 appraisal reports prepared pursuant to s. 186.511. Any necessary
797 revisions of the state comprehensive plan shall be proposed by
798 the Governor in a written report and be accompanied by an
799 explanation of the need for such changes. If the Governor
800 determines that changes are unnecessary, the written report must
801 explain why changes are unnecessary. The proposed revisions and
802 accompanying explanations may be submitted in the report
803 required by s. 186.031. Any proposed revisions to the plan shall
804 be submitted to the Legislature as provided in s. 186.008(2) at
805 least 30 days before prior to the regular legislative session
806 occurring in each even-numbered year.
807 Section 13. Subsections (8) and (20) of section 186.505,
808 Florida Statutes, are amended to read:
809 186.505 Regional planning councils; powers and duties.—Any
810 regional planning council created hereunder shall have the
811 following powers:
812 (8) To accept and receive, in furtherance of its functions,
813 funds, grants, and services from the Federal Government or its
814 agencies; from departments, agencies, and instrumentalities of
815 state, municipal, or local government; or from private or civic
816 sources, except as prohibited by subsection (20). Each regional
817 planning council shall render an accounting of the receipt and
818 disbursement of all funds received by it, pursuant to the
819 federal Older Americans Act, to the Legislature no later than
820 March 1 of each year. Before accepting a grant, a regional
821 planning council must make a formal public determination that
822 the purpose of the grant is in furtherance of the council’s
823 functions and will not diminish the council’s ability to fund
824 and accomplish its statutory functions.
825 (20) To provide technical assistance to local governments
826 on growth management matters. However, a regional planning
827 council may not provide consulting services for a fee to a local
828 government for a project for which the council also serves in a
829 review capacity or provide consulting services to a private
830 developer or landowner for a project for which the council may
831 also serve in a review capacity in the future.
832 Section 14. Subsection (1) of section 186.508, Florida
833 Statutes, is amended to read:
834 186.508 Strategic regional policy plan adoption;
835 consistency with state comprehensive plan.—
836 (1) Each regional planning council shall submit to the
837 Executive Office of the Governor its proposed strategic regional
838 policy plan on a schedule established by the Executive Office of
839 the Governor to coordinate implementation of the strategic
840 regional policy plans with the evaluation and appraisal process
841 reports required by s. 163.3191. The Executive Office of the
842 Governor, or its designee, shall review the proposed strategic
843 regional policy plan to ensure consistency with the adopted
844 state comprehensive plan and shall, within 60 days, provide any
845 recommended revisions. The Governor’s recommended revisions
846 shall be included in the plans in a comment section. However,
847 nothing in this section precludes herein shall preclude a
848 regional planning council from adopting or rejecting any or all
849 of the revisions as a part of its plan before prior to the
850 effective date of the plan. The rules adopting the strategic
851 regional policy plan are shall not be subject to rule challenge
852 under s. 120.56(2) or to drawout proceedings under s.
853 120.54(3)(c)2., but, once adopted, are shall be subject to an
854 invalidity challenge under s. 120.56(3) by substantially
855 affected persons, including the Executive Office of the
856 Governor. The rules shall be adopted by the regional planning
857 councils, and shall become effective upon filing with the
858 Department of State, notwithstanding the provisions of s.
859 120.54(3)(e)6.
860 Section 15. Subsections (2) and (3) of section 189.415,
861 Florida Statutes, are amended to read:
862 189.415 Special district public facilities report.—
863 (2) Each independent special district shall submit to each
864 local general-purpose government in which it is located a public
865 facilities report and an annual notice of any changes. The
866 public facilities report shall specify the following
867 information:
868 (a) A description of existing public facilities owned or
869 operated by the special district, and each public facility that
870 is operated by another entity, except a local general-purpose
871 government, through a lease or other agreement with the special
872 district. This description shall include the current capacity of
873 the facility, the current demands placed upon it, and its
874 location. This information shall be required in the initial
875 report and updated every 7 5 years at least 12 months before
876 prior to the submission date of the evaluation and appraisal
877 notification letter report of the appropriate local government
878 required by s. 163.3191. The department shall post a schedule on
879 its website, based on the evaluation and appraisal notification
880 schedule prepared pursuant to s. 163.3191(5), for use by a
881 special district to determine when its public facilities report
882 and updates to that report are due to the local general-purpose
883 governments in which the special district is located. At least
884 12 months prior to the date on which each special district’s
885 first updated report is due, the department shall notify each
886 independent district on the official list of special districts
887 compiled pursuant to s. 189.4035 of the schedule for submission
888 of the evaluation and appraisal report by each local government
889 within the special district’s jurisdiction.
890 (b) A description of each public facility the district is
891 building, improving, or expanding, or is currently proposing to
892 build, improve, or expand within at least the next 7 5 years,
893 including any facilities that the district is assisting another
894 entity, except a local general-purpose government, to build,
895 improve, or expand through a lease or other agreement with the
896 district. For each public facility identified, the report shall
897 describe how the district currently proposes to finance the
898 facility.
899 (c) If the special district currently proposes to replace
900 any facilities identified in paragraph (a) or paragraph (b)
901 within the next 10 years, the date when such facility will be
902 replaced.
903 (d) The anticipated time the construction, improvement, or
904 expansion of each facility will be completed.
905 (e) The anticipated capacity of and demands on each public
906 facility when completed. In the case of an improvement or
907 expansion of a public facility, both the existing and
908 anticipated capacity must be listed.
909 (3) A special district proposing to build, improve, or
910 expand a public facility which requires a certificate of need
911 pursuant to chapter 408 shall elect to notify the appropriate
912 local general-purpose government of its plans either in its 7
913 year 5-year plan or at the time the letter of intent is filed
914 with the Agency for Health Care Administration pursuant to s.
915 408.039.
916 Section 16. Subsection (5) of section 288.975, Florida
917 Statutes, is amended to read:
918 288.975 Military base reuse plans.—
919 (5) At the discretion of the host local government, the
920 provisions of this act may be complied with through the adoption
921 of the military base reuse plan as a separate component of the
922 local government comprehensive plan or through simultaneous
923 amendments to all pertinent portions of the local government
924 comprehensive plan. Once adopted and approved in accordance with
925 this section, the military base reuse plan shall be considered
926 to be part of the host local government’s comprehensive plan and
927 shall be thereafter implemented, amended, and reviewed pursuant
928 to in accordance with the provisions of part II of chapter 163.
929 Local government comprehensive plan amendments necessary to
930 initially adopt the military base reuse plan shall be exempt
931 from the limitation on the frequency of plan amendments
932 contained in s. 163.3187(1).
933 Section 17. Paragraph (b) of subsection (6), paragraph (e)
934 of subsection (19), subsection (24), and paragraph (b) of
935 subsection (29) of section 380.06, Florida Statutes, are amended
936 to read:
937 380.06 Developments of regional impact.—
938 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
939 PLAN AMENDMENTS.—
940 (b) Any local government comprehensive plan amendments
941 related to a proposed development of regional impact, including
942 any changes proposed under subsection (19), may be initiated by
943 a local planning agency or the developer and must be considered
944 by the local governing body at the same time as the application
945 for development approval using the procedures provided for local
946 plan amendment in s. 163.3184 s. 163.3187 and applicable local
947 ordinances, without regard to local limits on the frequency of
948 consideration of amendments to the local comprehensive plan.
949 This paragraph does not require favorable consideration of a
950 plan amendment solely because it is related to a development of
951 regional impact. The procedure for processing such comprehensive
952 plan amendments is as follows:
953 1. If a developer seeks a comprehensive plan amendment
954 related to a development of regional impact, the developer must
955 so notify in writing the regional planning agency, the
956 applicable local government, and the state land planning agency
957 no later than the date of preapplication conference or the
958 submission of the proposed change under subsection (19).
959 2. When filing the application for development approval or
960 the proposed change, the developer must include a written
961 request for comprehensive plan amendments that would be
962 necessitated by the development-of-regional-impact approvals
963 sought. That request must include data and analysis upon which
964 the applicable local government can determine whether to
965 transmit the comprehensive plan amendment pursuant to s.
966 163.3184.
967 3. The local government must advertise a public hearing on
968 the transmittal within 30 days after filing the application for
969 development approval or the proposed change and must make a
970 determination on the transmittal within 60 days after the
971 initial filing unless that time is extended by the developer.
972 4. If the local government approves the transmittal,
973 procedures set forth in s. 163.3184 s. 163.3184(4)(b)-(d) must
974 be followed.
975 5. Notwithstanding subsection (11) or subsection (19), the
976 local government may not hold a public hearing on the
977 application for development approval or the proposed change or
978 on the comprehensive plan amendments sooner than 30 days after
979 reviewing agency comments are due to the local government from
980 receipt of the response from the state land planning agency
981 pursuant to s. 163.3184 s. 163.3184(4)(d).
982 6. The local government must hear both the application for
983 development approval or the proposed change and the
984 comprehensive plan amendments at the same hearing. However, the
985 local government must take action separately on the application
986 for development approval or the proposed change and on the
987 comprehensive plan amendments.
988 7. Thereafter, the appeal process for the local government
989 development order must follow the provisions of s. 380.07, and
990 the compliance process for the comprehensive plan amendments
991 must follow the provisions of s. 163.3184.
992 (19) SUBSTANTIAL DEVIATIONS.—
993 (e)1. Except for a development order rendered pursuant to
994 subsection (22) or subsection (25), a proposed change to a
995 development order that individually or cumulatively with any
996 previous change is less than any numerical criterion contained
997 in subparagraphs (b)1.-10. and does not exceed any other
998 criterion, or that involves an extension of the buildout date of
999 a development, or any phase thereof, of less than 5 years is not
1000 subject to the public hearing requirements of subparagraph
1001 (f)3., and is not subject to a determination pursuant to
1002 subparagraph (f)5. Notice of the proposed change shall be made
1003 to the regional planning council and the state land planning
1004 agency. Such notice shall include a description of previous
1005 individual changes made to the development, including changes
1006 previously approved by the local government, and shall include
1007 appropriate amendments to the development order.
1008 2. The following changes, individually or cumulatively with
1009 any previous changes, are not substantial deviations:
1010 a. Changes in the name of the project, developer, owner, or
1011 monitoring official.
1012 b. Changes to a setback that do not affect noise buffers,
1013 environmental protection or mitigation areas, or archaeological
1014 or historical resources.
1015 c. Changes to minimum lot sizes.
1016 d. Changes in the configuration of internal roads that do
1017 not affect external access points.
1018 e. Changes to the building design or orientation that stay
1019 approximately within the approved area designated for such
1020 building and parking lot, and which do not affect historical
1021 buildings designated as significant by the Division of
1022 Historical Resources of the Department of State.
1023 f. Changes to increase the acreage in the development,
1024 provided that no development is proposed on the acreage to be
1025 added.
1026 g. Changes to eliminate an approved land use, provided that
1027 there are no additional regional impacts.
1028 h. Changes required to conform to permits approved by any
1029 federal, state, or regional permitting agency, provided that
1030 these changes do not create additional regional impacts.
1031 i. Any renovation or redevelopment of development within a
1032 previously approved development of regional impact which does
1033 not change land use or increase density or intensity of use.
1034 j. Changes that modify boundaries and configuration of
1035 areas described in subparagraph (b)11. due to science-based
1036 refinement of such areas by survey, by habitat evaluation, by
1037 other recognized assessment methodology, or by an environmental
1038 assessment. In order for changes to qualify under this sub
1039 subparagraph, the survey, habitat evaluation, or assessment must
1040 occur prior to the time a conservation easement protecting such
1041 lands is recorded and must not result in any net decrease in the
1042 total acreage of the lands specifically set aside for permanent
1043 preservation in the final development order.
1044 k. Any other change which the state land planning agency,
1045 in consultation with the regional planning council, agrees in
1046 writing is similar in nature, impact, or character to the
1047 changes enumerated in sub-subparagraphs a.-j. and which does not
1048 create the likelihood of any additional regional impact.
1049
1050 This subsection does not require the filing of a notice of
1051 proposed change but shall require an application to the local
1052 government to amend the development order in accordance with the
1053 local government’s procedures for amendment of a development
1054 order. In accordance with the local government’s procedures,
1055 including requirements for notice to the applicant and the
1056 public, the local government shall either deny the application
1057 for amendment or adopt an amendment to the development order
1058 which approves the application with or without conditions.
1059 Following adoption, the local government shall render to the
1060 state land planning agency the amendment to the development
1061 order. The state land planning agency may appeal, pursuant to s.
1062 380.07(3), the amendment to the development order if the
1063 amendment involves sub-subparagraph g., sub-subparagraph h.,
1064 sub-subparagraph j., or sub-subparagraph k., and it believes the
1065 change creates a reasonable likelihood of new or additional
1066 regional impacts.
1067 3. Except for the change authorized by sub-subparagraph
1068 2.f., any addition of land not previously reviewed or any change
1069 not specified in paragraph (b) or paragraph (c) shall be
1070 presumed to create a substantial deviation. This presumption may
1071 be rebutted by clear and convincing evidence.
1072 4. Any submittal of a proposed change to a previously
1073 approved development shall include a description of individual
1074 changes previously made to the development, including changes
1075 previously approved by the local government. The local
1076 government shall consider the previous and current proposed
1077 changes in deciding whether such changes cumulatively constitute
1078 a substantial deviation requiring further development-of
1079 regional-impact review.
1080 5. The following changes to an approved development of
1081 regional impact shall be presumed to create a substantial
1082 deviation. Such presumption may be rebutted by clear and
1083 convincing evidence.
1084 a. A change proposed for 15 percent or more of the acreage
1085 to a land use not previously approved in the development order.
1086 Changes of less than 15 percent shall be presumed not to create
1087 a substantial deviation.
1088 b. Notwithstanding any provision of paragraph (b) to the
1089 contrary, a proposed change consisting of simultaneous increases
1090 and decreases of at least two of the uses within an authorized
1091 multiuse development of regional impact which was originally
1092 approved with three or more uses specified in s. 380.0651(3)(c)
1093 and (d) s. 380.0651(3)(c), (d), and (e) and residential use.
1094 6. If a local government agrees to a proposed change, a
1095 change in the transportation proportionate share calculation and
1096 mitigation plan in an adopted development order as a result of
1097 recalculation of the proportionate share contribution meeting
1098 the requirements of s. 163.3180(5)(h) in effect as of the date
1099 of such change shall be presumed not to create a substantial
1100 deviation. For purposes of this subsection, the proposed change
1101 in the proportionate share calculation or mitigation plan shall
1102 not be considered an additional regional transportation impact.
1103 (24) STATUTORY EXEMPTIONS.—
1104 (a) Any proposed hospital is exempt from this section.
1105 (b) Any proposed electrical transmission line or electrical
1106 power plant is exempt from this section.
1107 (c) Any proposed addition to an existing sports facility
1108 complex is exempt from this section if the addition meets the
1109 following characteristics:
1110 1. It would not operate concurrently with the scheduled
1111 hours of operation of the existing facility.
1112 2. Its seating capacity would be no more than 75 percent of
1113 the capacity of the existing facility.
1114 3. The sports facility complex property is owned by a
1115 public body before July 1, 1983.
1116
1117 This exemption does not apply to any pari-mutuel facility.
1118 (d) Any proposed addition or cumulative additions
1119 subsequent to July 1, 1988, to an existing sports facility
1120 complex owned by a state university is exempt if the increased
1121 seating capacity of the complex is no more than 30 percent of
1122 the capacity of the existing facility.
1123 (e) Any addition of permanent seats or parking spaces for
1124 an existing sports facility located on property owned by a
1125 public body before July 1, 1973, is exempt from this section if
1126 future additions do not expand existing permanent seating or
1127 parking capacity more than 15 percent annually in excess of the
1128 prior year’s capacity.
1129 (f) Any increase in the seating capacity of an existing
1130 sports facility having a permanent seating capacity of at least
1131 50,000 spectators is exempt from this section, provided that
1132 such an increase does not increase permanent seating capacity by
1133 more than 5 percent per year and not to exceed a total of 10
1134 percent in any 5-year period, and provided that the sports
1135 facility notifies the appropriate local government within which
1136 the facility is located of the increase at least 6 months before
1137 the initial use of the increased seating, in order to permit the
1138 appropriate local government to develop a traffic management
1139 plan for the traffic generated by the increase. Any traffic
1140 management plan shall be consistent with the local comprehensive
1141 plan, the regional policy plan, and the state comprehensive
1142 plan.
1143 (g) Any expansion in the permanent seating capacity or
1144 additional improved parking facilities of an existing sports
1145 facility is exempt from this section, if the following
1146 conditions exist:
1147 1.a. The sports facility had a permanent seating capacity
1148 on January 1, 1991, of at least 41,000 spectator seats;
1149 b. The sum of such expansions in permanent seating capacity
1150 does not exceed a total of 10 percent in any 5-year period and
1151 does not exceed a cumulative total of 20 percent for any such
1152 expansions; or
1153 c. The increase in additional improved parking facilities
1154 is a one-time addition and does not exceed 3,500 parking spaces
1155 serving the sports facility; and
1156 2. The local government having jurisdiction of the sports
1157 facility includes in the development order or development permit
1158 approving such expansion under this paragraph a finding of fact
1159 that the proposed expansion is consistent with the
1160 transportation, water, sewer and stormwater drainage provisions
1161 of the approved local comprehensive plan and local land
1162 development regulations relating to those provisions.
1163
1164 Any owner or developer who intends to rely on this statutory
1165 exemption shall provide to the department a copy of the local
1166 government application for a development permit. Within 45 days
1167 after receipt of the application, the department shall render to
1168 the local government an advisory and nonbinding opinion, in
1169 writing, stating whether, in the department’s opinion, the
1170 prescribed conditions exist for an exemption under this
1171 paragraph. The local government shall render the development
1172 order approving each such expansion to the department. The
1173 owner, developer, or department may appeal the local government
1174 development order pursuant to s. 380.07, within 45 days after
1175 the order is rendered. The scope of review shall be limited to
1176 the determination of whether the conditions prescribed in this
1177 paragraph exist. If any sports facility expansion undergoes
1178 development-of-regional-impact review, all previous expansions
1179 which were exempt under this paragraph shall be included in the
1180 development-of-regional-impact review.
1181 (h) Expansion to port harbors, spoil disposal sites,
1182 navigation channels, turning basins, harbor berths, and other
1183 related inwater harbor facilities of ports listed in s.
1184 403.021(9)(b), port transportation facilities and projects
1185 listed in s. 311.07(3)(b), and intermodal transportation
1186 facilities identified pursuant to s. 311.09(3) are exempt from
1187 this section when such expansions, projects, or facilities are
1188 consistent with comprehensive master plans that are in
1189 compliance with s. 163.3178.
1190 (i) Any proposed facility for the storage of any petroleum
1191 product or any expansion of an existing facility is exempt from
1192 this section.
1193 (j) Any renovation or redevelopment within the same land
1194 parcel which does not change land use or increase density or
1195 intensity of use.
1196 (k) Waterport and marina development, including dry storage
1197 facilities, are exempt from this section.
1198 (l) Any proposed development within an urban service
1199 boundary established under s. 163.3177(14), Florida Statutes
1200 (2010), which is not otherwise exempt pursuant to subsection
1201 (29), is exempt from this section if the local government having
1202 jurisdiction over the area where the development is proposed has
1203 adopted the urban service boundary and has entered into a
1204 binding agreement with jurisdictions that would be impacted and
1205 with the Department of Transportation regarding the mitigation
1206 of impacts on state and regional transportation facilities.
1207 (m) Any proposed development within a rural land
1208 stewardship area created under s. 163.3248.
1209 (n) The establishment, relocation, or expansion of any
1210 military installation as defined in s. 163.3175, is exempt from
1211 this section.
1212 (o) Any self-storage warehousing that does not allow retail
1213 or other services is exempt from this section.
1214 (p) Any proposed nursing home or assisted living facility
1215 is exempt from this section.
1216 (q) Any development identified in an airport master plan
1217 and adopted into the comprehensive plan pursuant to s.
1218 163.3177(6)(b)4. s. 163.3177(6)(k) is exempt from this section.
1219 (r) Any development identified in a campus master plan and
1220 adopted pursuant to s. 1013.30 is exempt from this section.
1221 (s) Any development in a detailed specific area plan which
1222 is prepared and adopted pursuant to s. 163.3245 is exempt from
1223 this section.
1224 (t) Any proposed solid mineral mine and any proposed
1225 addition to, expansion of, or change to an existing solid
1226 mineral mine is exempt from this section. A mine owner will
1227 enter into a binding agreement with the Department of
1228 Transportation to mitigate impacts to strategic intermodal
1229 system facilities pursuant to the transportation thresholds in
1230 subsection (19) or rule 9J-2.045(6), Florida Administrative
1231 Code. Proposed changes to any previously approved solid mineral
1232 mine development-of-regional-impact development orders having
1233 vested rights are is not subject to further review or approval
1234 as a development-of-regional-impact or notice-of-proposed-change
1235 review or approval pursuant to subsection (19), except for those
1236 applications pending as of July 1, 2011, which shall be governed
1237 by s. 380.115(2). Notwithstanding the foregoing, however,
1238 pursuant to s. 380.115(1), previously approved solid mineral
1239 mine development-of-regional-impact development orders shall
1240 continue to enjoy vested rights and continue to be effective
1241 unless rescinded by the developer. All local government
1242 regulations of proposed solid mineral mines shall be applicable
1243 to any new solid mineral mine or to any proposed addition to,
1244 expansion of, or change to an existing solid mineral mine.
1245 (u) Notwithstanding any provisions in an agreement with or
1246 among a local government, regional agency, or the state land
1247 planning agency or in a local government’s comprehensive plan to
1248 the contrary, a project no longer subject to development-of
1249 regional-impact review under revised thresholds is not required
1250 to undergo such review.
1251 (v) Any development within a county with a research and
1252 education authority created by special act and that is also
1253 within a research and development park that is operated or
1254 managed by a research and development authority pursuant to part
1255 V of chapter 159 is exempt from this section.
1256 (w) Any development in an energy economic zone designated
1257 pursuant to s. 377.809 is exempt from this section upon approval
1258 by its local governing body.
1259
1260 If a use is exempt from review as a development of regional
1261 impact under paragraphs (a)-(u), but will be part of a larger
1262 project that is subject to review as a development of regional
1263 impact, the impact of the exempt use must be included in the
1264 review of the larger project, unless such exempt use involves a
1265 development of regional impact that includes a landowner,
1266 tenant, or user that has entered into a funding agreement with
1267 the Department of Economic Opportunity under the Innovation
1268 Incentive Program and the agreement contemplates a state award
1269 of at least $50 million.
1270 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
1271 (b) If a municipality that does not qualify as a dense
1272 urban land area pursuant to paragraph (a) s. 163.3164 designates
1273 any of the following areas in its comprehensive plan, any
1274 proposed development within the designated area is exempt from
1275 the development-of-regional-impact process:
1276 1. Urban infill as defined in s. 163.3164;
1277 2. Community redevelopment areas as defined in s. 163.340;
1278 3. Downtown revitalization areas as defined in s. 163.3164;
1279 4. Urban infill and redevelopment under s. 163.2517; or
1280 5. Urban service areas as defined in s. 163.3164 or areas
1281 within a designated urban service boundary under s.
1282 163.3177(14).
1283 Section 18. Subsection (1) of section 380.115, Florida
1284 Statutes, is amended to read:
1285 380.115 Vested rights and duties; effect of size reduction,
1286 changes in guidelines and standards.—
1287 (1) A change in a development-of-regional-impact guideline
1288 and standard does not abridge or modify any vested or other
1289 right or any duty or obligation pursuant to any development
1290 order or agreement that is applicable to a development of
1291 regional impact. A development that has received a development
1292 of-regional-impact development order pursuant to s. 380.06, but
1293 is no longer required to undergo development-of-regional-impact
1294 review by operation of a change in the guidelines and standards
1295 or has reduced its size below the thresholds in s. 380.0651, or
1296 a development that is exempt pursuant to s. 380.06(24) or s.
1297 380.06(29) shall be governed by the following procedures:
1298 (a) The development shall continue to be governed by the
1299 development-of-regional-impact development order and may be
1300 completed in reliance upon and pursuant to the development order
1301 unless the developer or landowner has followed the procedures
1302 for rescission in paragraph (b). Any proposed changes to those
1303 developments which continue to be governed by a development
1304 order shall be approved pursuant to s. 380.06(19) as it existed
1305 prior to a change in the development-of-regional-impact
1306 guidelines and standards, except that all percentage criteria
1307 shall be doubled and all other criteria shall be increased by 10
1308 percent. The development-of-regional-impact development order
1309 may be enforced by the local government as provided by ss.
1310 380.06(17) and 380.11.
1311 (b) If requested by the developer or landowner, the
1312 development-of-regional-impact development order shall be
1313 rescinded by the local government having jurisdiction upon a
1314 showing that all required mitigation related to the amount of
1315 development that existed on the date of rescission has been
1316 completed.
1317 Section 19. Section 1013.33, Florida Statutes, is amended
1318 to read:
1319 1013.33 Coordination of planning with local governing
1320 bodies.—
1321 (1) It is the policy of this state to require the
1322 coordination of planning between boards and local governing
1323 bodies to ensure that plans for the construction and opening of
1324 public educational facilities are facilitated and coordinated in
1325 time and place with plans for residential development,
1326 concurrently with other necessary services. Such planning shall
1327 include the integration of the educational facilities plan and
1328 applicable policies and procedures of a board with the local
1329 comprehensive plan and land development regulations of local
1330 governments. The planning must include the consideration of
1331 allowing students to attend the school located nearest their
1332 homes when a new housing development is constructed near a
1333 county boundary and it is more feasible to transport the
1334 students a short distance to an existing facility in an adjacent
1335 county than to construct a new facility or transport students
1336 longer distances in their county of residence. The planning must
1337 also consider the effects of the location of public education
1338 facilities, including the feasibility of keeping central city
1339 facilities viable, in order to encourage central city
1340 redevelopment and the efficient use of infrastructure and to
1341 discourage uncontrolled urban sprawl. In addition, all parties
1342 to the planning process must consult with state and local road
1343 departments to assist in implementing the Safe Paths to Schools
1344 program administered by the Department of Transportation.
1345 (2)(a) The school board, county, and nonexempt
1346 municipalities located within the geographic area of a school
1347 district shall enter into an interlocal agreement according to
1348 s. 163.31777, which that jointly establishes the specific ways
1349 in which the plans and processes of the district school board
1350 and the local governments are to be coordinated. The interlocal
1351 agreements shall be submitted to the state land planning agency
1352 and the Office of Educational Facilities in accordance with a
1353 schedule published by the state land planning agency.
1354 (b) The schedule must establish staggered due dates for
1355 submission of interlocal agreements that are executed by both
1356 the local government and district school board, commencing on
1357 March 1, 2003, and concluding by December 1, 2004, and must set
1358 the same date for all governmental entities within a school
1359 district. However, if the county where the school district is
1360 located contains more than 20 municipalities, the state land
1361 planning agency may establish staggered due dates for the
1362 submission of interlocal agreements by these municipalities. The
1363 schedule must begin with those areas where both the number of
1364 districtwide capital-outlay full-time-equivalent students equals
1365 80 percent or more of the current year’s school capacity and the
1366 projected 5-year student growth rate is 1,000 or greater, or
1367 where the projected 5-year student growth rate is 10 percent or
1368 greater.
1369 (c) If the student population has declined over the 5-year
1370 period preceding the due date for submittal of an interlocal
1371 agreement by the local government and the district school board,
1372 the local government and district school board may petition the
1373 state land planning agency for a waiver of one or more of the
1374 requirements of subsection (3). The waiver must be granted if
1375 the procedures called for in subsection (3) are unnecessary
1376 because of the school district’s declining school age
1377 population, considering the district’s 5-year work program
1378 prepared pursuant to s. 1013.35. The state land planning agency
1379 may modify or revoke the waiver upon a finding that the
1380 conditions upon which the waiver was granted no longer exist.
1381 The district school board and local governments must submit an
1382 interlocal agreement within 1 year after notification by the
1383 state land planning agency that the conditions for a waiver no
1384 longer exist.
1385 (d) Interlocal agreements between local governments and
1386 district school boards adopted pursuant to s. 163.3177 before
1387 the effective date of subsections (2)-(7) must be updated and
1388 executed pursuant to the requirements of subsections (2)-(7), if
1389 necessary. Amendments to interlocal agreements adopted pursuant
1390 to subsections (2)-(7) must be submitted to the state land
1391 planning agency within 30 days after execution by the parties
1392 for review consistent with subsections (3) and (4). Local
1393 governments and the district school board in each school
1394 district are encouraged to adopt a single interlocal agreement
1395 in which all join as parties. The state land planning agency
1396 shall assemble and make available model interlocal agreements
1397 meeting the requirements of subsections (2)-(7) and shall notify
1398 local governments and, jointly with the Department of Education,
1399 the district school boards of the requirements of subsections
1400 (2)-(7), the dates for compliance, and the sanctions for
1401 noncompliance. The state land planning agency shall be available
1402 to informally review proposed interlocal agreements. If the
1403 state land planning agency has not received a proposed
1404 interlocal agreement for informal review, the state land
1405 planning agency shall, at least 60 days before the deadline for
1406 submission of the executed agreement, renotify the local
1407 government and the district school board of the upcoming
1408 deadline and the potential for sanctions.
1409 (3) At a minimum, the interlocal agreement must address
1410 interlocal agreement requirements in s. 163.31777 and, if
1411 applicable, s. 163.3180(6), and must address the following
1412 issues:
1413 (a) A process by which each local government and the
1414 district school board agree and base their plans on consistent
1415 projections of the amount, type, and distribution of population
1416 growth and student enrollment. The geographic distribution of
1417 jurisdiction-wide growth forecasts is a major objective of the
1418 process.
1419 (b) A process to coordinate and share information relating
1420 to existing and planned public school facilities, including
1421 school renovations and closures, and local government plans for
1422 development and redevelopment.
1423 (c) Participation by affected local governments with the
1424 district school board in the process of evaluating potential
1425 school closures, significant renovations to existing schools,
1426 and new school site selection before land acquisition. Local
1427 governments shall advise the district school board as to the
1428 consistency of the proposed closure, renovation, or new site
1429 with the local comprehensive plan, including appropriate
1430 circumstances and criteria under which a district school board
1431 may request an amendment to the comprehensive plan for school
1432 siting.
1433 (d) A process for determining the need for and timing of
1434 onsite and offsite improvements to support new construction,
1435 proposed expansion, or redevelopment of existing schools. The
1436 process shall address identification of the party or parties
1437 responsible for the improvements.
1438 (e) A process for the school board to inform the local
1439 government regarding the effect of comprehensive plan amendments
1440 on school capacity. The capacity reporting must be consistent
1441 with laws and rules regarding measurement of school facility
1442 capacity and must also identify how the district school board
1443 will meet the public school demand based on the facilities work
1444 program adopted pursuant to s. 1013.35.
1445 (f) Participation of the local governments in the
1446 preparation of the annual update to the school board’s 5-year
1447 district facilities work program and educational plant survey
1448 prepared pursuant to s. 1013.35.
1449 (g) A process for determining where and how joint use of
1450 either school board or local government facilities can be shared
1451 for mutual benefit and efficiency.
1452 (h) A procedure for the resolution of disputes between the
1453 district school board and local governments, which may include
1454 the dispute resolution processes contained in chapters 164 and
1455 186.
1456 (i) An oversight process, including an opportunity for
1457 public participation, for the implementation of the interlocal
1458 agreement.
1459 (4)(a) The Office of Educational Facilities shall submit
1460 any comments or concerns regarding the executed interlocal
1461 agreement to the state land planning agency within 30 days after
1462 receipt of the executed interlocal agreement. The state land
1463 planning agency shall review the executed interlocal agreement
1464 to determine whether it is consistent with the requirements of
1465 subsection (3), the adopted local government comprehensive plan,
1466 and other requirements of law. Within 60 days after receipt of
1467 an executed interlocal agreement, the state land planning agency
1468 shall publish a notice of intent in the Florida Administrative
1469 Weekly and shall post a copy of the notice on the agency’s
1470 Internet site. The notice of intent must state that the
1471 interlocal agreement is consistent or inconsistent with the
1472 requirements of subsection (3) and this subsection as
1473 appropriate.
1474 (b) The state land planning agency’s notice is subject to
1475 challenge under chapter 120; however, an affected person, as
1476 defined in s. 163.3184(1)(a), has standing to initiate the
1477 administrative proceeding, and this proceeding is the sole means
1478 available to challenge the consistency of an interlocal
1479 agreement required by this section with the criteria contained
1480 in subsection (3) and this subsection. In order to have
1481 standing, each person must have submitted oral or written
1482 comments, recommendations, or objections to the local government
1483 or the school board before the adoption of the interlocal
1484 agreement by the district school board and local government. The
1485 district school board and local governments are parties to any
1486 such proceeding. In this proceeding, when the state land
1487 planning agency finds the interlocal agreement to be consistent
1488 with the criteria in subsection (3) and this subsection, the
1489 interlocal agreement must be determined to be consistent with
1490 subsection (3) and this subsection if the local government’s and
1491 school board’s determination of consistency is fairly debatable.
1492 When the state land planning agency finds the interlocal
1493 agreement to be inconsistent with the requirements of subsection
1494 (3) and this subsection, the local government’s and school
1495 board’s determination of consistency shall be sustained unless
1496 it is shown by a preponderance of the evidence that the
1497 interlocal agreement is inconsistent.
1498 (c) If the state land planning agency enters a final order
1499 that finds that the interlocal agreement is inconsistent with
1500 the requirements of subsection (3) or this subsection, the state
1501 land planning agency shall forward it to the Administration
1502 Commission, which may impose sanctions against the local
1503 government pursuant to s. 163.3184(11) and may impose sanctions
1504 against the district school board by directing the Department of
1505 Education to withhold an equivalent amount of funds for school
1506 construction available pursuant to ss. 1013.65, 1013.68,
1507 1013.70, and 1013.72.
1508 (5) If an executed interlocal agreement is not timely
1509 submitted to the state land planning agency for review, the
1510 state land planning agency shall, within 15 working days after
1511 the deadline for submittal, issue to the local government and
1512 the district school board a notice to show cause why sanctions
1513 should not be imposed for failure to submit an executed
1514 interlocal agreement by the deadline established by the agency.
1515 The agency shall forward the notice and the responses to the
1516 Administration Commission, which may enter a final order citing
1517 the failure to comply and imposing sanctions against the local
1518 government and district school board by directing the
1519 appropriate agencies to withhold at least 5 percent of state
1520 funds pursuant to s. 163.3184(11) and by directing the
1521 Department of Education to withhold from the district school
1522 board at least 5 percent of funds for school construction
1523 available pursuant to ss. 1013.65, 1013.68, 1013.70, and
1524 1013.72.
1525 (6) Any local government transmitting a public school
1526 element to implement school concurrency pursuant to the
1527 requirements of s. 163.3180 before the effective date of this
1528 section is not required to amend the element or any interlocal
1529 agreement to conform with the provisions of subsections (2)-(6)
1530 if the element is adopted prior to or within 1 year after the
1531 effective date of subsections (2)-(6) and remains in effect.
1532 (3)(7) A board and the local governing body must share and
1533 coordinate information related to existing and planned school
1534 facilities; proposals for development, redevelopment, or
1535 additional development; and infrastructure required to support
1536 the school facilities, concurrent with proposed development. A
1537 school board shall use information produced by the demographic,
1538 revenue, and education estimating conferences pursuant to s.
1539 216.136 when preparing the district educational facilities plan
1540 pursuant to s. 1013.35, as modified and agreed to by the local
1541 governments, when provided by interlocal agreement, and the
1542 Office of Educational Facilities, in consideration of local
1543 governments’ population projections, to ensure that the district
1544 educational facilities plan not only reflects enrollment
1545 projections but also considers applicable municipal and county
1546 growth and development projections. The projections must be
1547 apportioned geographically with assistance from the local
1548 governments using local government trend data and the school
1549 district student enrollment data. A school board is precluded
1550 from siting a new school in a jurisdiction where the school
1551 board has failed to provide the annual educational facilities
1552 plan for the prior year required pursuant to s. 1013.35 unless
1553 the failure is corrected.
1554 (4)(8) The location of educational facilities shall be
1555 consistent with the comprehensive plan of the appropriate local
1556 governing body developed under part II of chapter 163 and
1557 consistent with the plan’s implementing land development
1558 regulations.
1559 (5)(9) To improve coordination relative to potential
1560 educational facility sites, a board shall provide written notice
1561 to the local government that has regulatory authority over the
1562 use of the land consistent with an interlocal agreement entered
1563 pursuant to s. 163.31777 subsections (2)-(6) at least 60 days
1564 before prior to acquiring or leasing property that may be used
1565 for a new public educational facility. The local government,
1566 upon receipt of this notice, shall notify the board within 45
1567 days if the site proposed for acquisition or lease is consistent
1568 with the land use categories and policies of the local
1569 government’s comprehensive plan. This preliminary notice does
1570 not constitute the local government’s determination of
1571 consistency pursuant to subsection (6) (10).
1572 (6)(10) As early in the design phase as feasible and
1573 consistent with an interlocal agreement entered pursuant to s.
1574 163.31777 subsections (2)-(6), but no later than 90 days before
1575 commencing construction, the district school board shall in
1576 writing request a determination of consistency with the local
1577 government’s comprehensive plan. The local governing body that
1578 regulates the use of land shall determine, in writing within 45
1579 days after receiving the necessary information and a school
1580 board’s request for a determination, whether a proposed
1581 educational facility is consistent with the local comprehensive
1582 plan and consistent with local land development regulations. If
1583 the determination is affirmative, school construction may
1584 commence and further local government approvals are not
1585 required, except as provided in this section. Failure of the
1586 local governing body to make a determination in writing within
1587 90 days after a district school board’s request for a
1588 determination of consistency shall be considered an approval of
1589 the district school board’s application. Campus master plans and
1590 development agreements must comply with the provisions of s.
1591 1013.30.
1592 (7)(11) A local governing body may not deny the site
1593 applicant based on adequacy of the site plan as it relates
1594 solely to the needs of the school. If the site is consistent
1595 with the comprehensive plan’s land use policies and categories
1596 in which public schools are identified as allowable uses, the
1597 local government may not deny the application but it may impose
1598 reasonable development standards and conditions in accordance
1599 with s. 1013.51(1) and consider the site plan and its adequacy
1600 as it relates to environmental concerns, health, safety and
1601 welfare, and effects on adjacent property. Standards and
1602 conditions may not be imposed which conflict with those
1603 established in this chapter or the Florida Building Code, unless
1604 mutually agreed and consistent with the interlocal agreement
1605 required by s. 163.31777 subsections (2)-(6).
1606 (8)(12) This section does not prohibit a local governing
1607 body and district school board from agreeing and establishing an
1608 alternative process for reviewing a proposed educational
1609 facility and site plan, and offsite impacts, pursuant to an
1610 interlocal agreement adopted in accordance with s. 163.31777
1611 subsections (2)-(6).
1612 (9)(13) Existing schools shall be considered consistent
1613 with the applicable local government comprehensive plan adopted
1614 under part II of chapter 163. If a board submits an application
1615 to expand an existing school site, the local governing body may
1616 impose reasonable development standards and conditions on the
1617 expansion only, and in a manner consistent with s. 1013.51(1).
1618 Standards and conditions may not be imposed which conflict with
1619 those established in this chapter or the Florida Building Code,
1620 unless mutually agreed. Local government review or approval is
1621 not required for:
1622 (a) The placement of temporary or portable classroom
1623 facilities; or
1624 (b) Proposed renovation or construction on existing school
1625 sites, with the exception of construction that changes the
1626 primary use of a facility, includes stadiums, or results in a
1627 greater than 5 percent increase in student capacity, or as
1628 mutually agreed upon, pursuant to an interlocal agreement
1629 adopted in accordance with s. 163.31777 subsections (2)-(6).
1630 Section 20. Paragraph (b) of subsection (2) of section
1631 1013.35, Florida Statutes, is amended to read:
1632 1013.35 School district educational facilities plan;
1633 definitions; preparation, adoption, and amendment; long-term
1634 work programs.—
1635 (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
1636 FACILITIES PLAN.—
1637 (b) The plan must also include a financially feasible
1638 district facilities work program for a 5-year period. The work
1639 program must include:
1640 1. A schedule of major repair and renovation projects
1641 necessary to maintain the educational facilities and ancillary
1642 facilities of the district.
1643 2. A schedule of capital outlay projects necessary to
1644 ensure the availability of satisfactory student stations for the
1645 projected student enrollment in K-12 programs. This schedule
1646 shall consider:
1647 a. The locations, capacities, and planned utilization rates
1648 of current educational facilities of the district. The capacity
1649 of existing satisfactory facilities, as reported in the Florida
1650 Inventory of School Houses must be compared to the capital
1651 outlay full-time-equivalent student enrollment as determined by
1652 the department, including all enrollment used in the calculation
1653 of the distribution formula in s. 1013.64.
1654 b. The proposed locations of planned facilities, whether
1655 those locations are consistent with the comprehensive plans of
1656 all affected local governments, and recommendations for
1657 infrastructure and other improvements to land adjacent to
1658 existing facilities. The provisions of ss. 1013.33(6), (7), and
1659 (8) ss. 1013.33(10), (11), and (12) and 1013.36 must be
1660 addressed for new facilities planned within the first 3 years of
1661 the work plan, as appropriate.
1662 c. Plans for the use and location of relocatable
1663 facilities, leased facilities, and charter school facilities.
1664 d. Plans for multitrack scheduling, grade level
1665 organization, block scheduling, or other alternatives that
1666 reduce the need for additional permanent student stations.
1667 e. Information concerning average class size and
1668 utilization rate by grade level within the district which will
1669 result if the tentative district facilities work program is
1670 fully implemented.
1671 f. The number and percentage of district students planned
1672 to be educated in relocatable facilities during each year of the
1673 tentative district facilities work program. For determining
1674 future needs, student capacity may not be assigned to any
1675 relocatable classroom that is scheduled for elimination or
1676 replacement with a permanent educational facility in the current
1677 year of the adopted district educational facilities plan and in
1678 the district facilities work program adopted under this section.
1679 Those relocatable classrooms clearly identified and scheduled
1680 for replacement in a school-board-adopted, financially feasible,
1681 5-year district facilities work program shall be counted at zero
1682 capacity at the time the work program is adopted and approved by
1683 the school board. However, if the district facilities work
1684 program is changed and the relocatable classrooms are not
1685 replaced as scheduled in the work program, the classrooms must
1686 be reentered into the system and be counted at actual capacity.
1687 Relocatable classrooms may not be perpetually added to the work
1688 program or continually extended for purposes of circumventing
1689 this section. All relocatable classrooms not identified and
1690 scheduled for replacement, including those owned, lease
1691 purchased, or leased by the school district, must be counted at
1692 actual student capacity. The district educational facilities
1693 plan must identify the number of relocatable student stations
1694 scheduled for replacement during the 5-year survey period and
1695 the total dollar amount needed for that replacement.
1696 g. Plans for the closure of any school, including plans for
1697 disposition of the facility or usage of facility space, and
1698 anticipated revenues.
1699 h. Projects for which capital outlay and debt service funds
1700 accruing under s. 9(d), Art. XII of the State Constitution are
1701 to be used shall be identified separately in priority order on a
1702 project priority list within the district facilities work
1703 program.
1704 3. The projected cost for each project identified in the
1705 district facilities work program. For proposed projects for new
1706 student stations, a schedule shall be prepared comparing the
1707 planned cost and square footage for each new student station, by
1708 elementary, middle, and high school levels, to the low, average,
1709 and high cost of facilities constructed throughout the state
1710 during the most recent fiscal year for which data is available
1711 from the Department of Education.
1712 4. A schedule of estimated capital outlay revenues from
1713 each currently approved source which is estimated to be
1714 available for expenditure on the projects included in the
1715 district facilities work program.
1716 5. A schedule indicating which projects included in the
1717 district facilities work program will be funded from current
1718 revenues projected in subparagraph 4.
1719 6. A schedule of options for the generation of additional
1720 revenues by the district for expenditure on projects identified
1721 in the district facilities work program which are not funded
1722 under subparagraph 5. Additional anticipated revenues may
1723 include effort index grants, SIT Program awards, and Classrooms
1724 First funds.
1725 Section 21. Subsections (3), (5), (6), (7), (8), (9), (10),
1726 and (11) of section 1013.351, Florida Statutes, are amended to
1727 read:
1728 1013.351 Coordination of planning between the Florida
1729 School for the Deaf and the Blind and local governing bodies.—
1730 (3) The board of trustees and the municipality in which the
1731 school is located may enter into an interlocal agreement to
1732 establish the specific ways in which the plans and processes of
1733 the board of trustees and the local government are to be
1734 coordinated. If the school and local government enter into an
1735 interlocal agreement, the agreement must be submitted to the
1736 state land planning agency and the Office of Educational
1737 Facilities.
1738 (5)(a) The Office of Educational Facilities shall submit
1739 any comments or concerns regarding the executed interlocal
1740 agreements to the state land planning agency no later than 30
1741 days after receipt of the executed interlocal agreements. The
1742 state land planning agency shall review the executed interlocal
1743 agreements to determine whether they are consistent with the
1744 requirements of subsection (4), the adopted local government
1745 comprehensive plans, and other requirements of law. Not later
1746 than 60 days after receipt of an executed interlocal agreement,
1747 the state land planning agency shall publish a notice of intent
1748 in the Florida Administrative Weekly. The notice of intent must
1749 state that the interlocal agreement is consistent or
1750 inconsistent with the requirements of subsection (4) and this
1751 subsection as appropriate.
1752 (b)1. The state land planning agency’s notice is subject to
1753 challenge under chapter 120. However, an affected person, as
1754 defined in s. 163.3184, has standing to initiate the
1755 administrative proceeding, and this proceeding is the sole means
1756 available to challenge the consistency of an interlocal
1757 agreement with the criteria contained in subsection (4) and this
1758 subsection. In order to have standing, a person must have
1759 submitted oral or written comments, recommendations, or
1760 objections to the appropriate local government or the board of
1761 trustees before the adoption of the interlocal agreement by the
1762 board of trustees and local government. The board of trustees
1763 and the appropriate local government are parties to any such
1764 proceeding.
1765 2. In the administrative proceeding, if the state land
1766 planning agency finds the interlocal agreement to be consistent
1767 with the criteria in subsection (4) and this subsection, the
1768 interlocal agreement must be determined to be consistent with
1769 subsection (4) and this subsection if the local government and
1770 board of trustees is fairly debatable.
1771 3. If the state land planning agency finds the interlocal
1772 agreement to be inconsistent with the requirements of subsection
1773 (4) and this subsection, the determination of consistency by the
1774 local government and board of trustees shall be sustained unless
1775 it is shown by a preponderance of the evidence that the
1776 interlocal agreement is inconsistent.
1777 (c) If the state land planning agency enters a final order
1778 that finds that the interlocal agreement is inconsistent with
1779 the requirements of subsection (4) or this subsection, the state
1780 land planning agency shall identify the issues in dispute and
1781 submit the matter to the Administration Commission for final
1782 action. The report to the Administration Commission must list
1783 each issue in dispute, describe the nature and basis for each
1784 dispute, identify alternative resolutions of each dispute, and
1785 make recommendations. After receiving the report from the state
1786 land planning agency, the Administration Commission shall take
1787 action to resolve the issues. In deciding upon a proper
1788 resolution, the Administration Commission shall consider the
1789 nature of the issues in dispute, the compliance of the parties
1790 with this section, the extent of the conflict between the
1791 parties, the comparative hardships, and the public interest
1792 involved. In resolving the matter, the Administration Commission
1793 may prescribe, by order, the contents of the interlocal
1794 agreement which shall be executed by the board of trustees and
1795 the local government.
1796 (5)(6) An interlocal agreement may be amended under
1797 subsections (2)-(4) (2)-(5):
1798 (a) In conjunction with updates to the school’s educational
1799 plant survey prepared under s. 1013.31; or
1800 (b) If either party delays by more than 12 months the
1801 construction of a capital improvement identified in the
1802 agreement.
1803 (6)(7) This section does not prohibit a local governing
1804 body and the board of trustees from agreeing and establishing an
1805 alternative process for reviewing proposed expansions to the
1806 school’s campus and offsite impacts, under the interlocal
1807 agreement adopted in accordance with subsections (2)-(5) (2)
1808 (6).
1809 (7)(8) School facilities within the geographic area or the
1810 campus of the school as it existed on or before January 1, 1998,
1811 are consistent with the local government’s comprehensive plan
1812 developed under part II of chapter 163 and consistent with the
1813 plan’s implementing land development regulations.
1814 (8)(9) To improve coordination relative to potential
1815 educational facility sites, the board of trustees shall provide
1816 written notice to the local governments consistent with the
1817 interlocal agreements entered under subsections (2)-(5) (2)-(6)
1818 at least 60 days before the board of trustees acquires any
1819 additional property. The local government shall notify the board
1820 of trustees no later than 45 days after receipt of this notice
1821 if the site proposed for acquisition is consistent with the land
1822 use categories and policies of the local government’s
1823 comprehensive plan. This preliminary notice does not constitute
1824 the local government’s determination of consistency under
1825 subsection (9) (10).
1826 (9)(10) As early in the design phase as feasible, but no
1827 later than 90 days before commencing construction, the board of
1828 trustees shall request in writing a determination of consistency
1829 with the local government’s comprehensive plan and local
1830 development regulations for the proposed use of any property
1831 acquired by the board of trustees on or after January 1, 1998.
1832 The local governing body that regulates the use of land shall
1833 determine, in writing, no later than 45 days after receiving the
1834 necessary information and a school board’s request for a
1835 determination, whether a proposed use of the property is
1836 consistent with the local comprehensive plan and consistent with
1837 local land development regulations. If the local governing body
1838 determines the proposed use is consistent, construction may
1839 commence and additional local government approvals are not
1840 required, except as provided in this section. Failure of the
1841 local governing body to make a determination in writing within
1842 90 days after receiving the board of trustees’ request for a
1843 determination of consistency shall be considered an approval of
1844 the board of trustees’ application. This subsection does not
1845 apply to facilities to be located on the property if a contract
1846 for construction of the facilities was entered on or before the
1847 effective date of this act.
1848 (10)(11) Disputes that arise in the implementation of an
1849 executed interlocal agreement or in the determinations required
1850 pursuant to subsection (8) (9) or subsection (9) (10) must be
1851 resolved in accordance with chapter 164.
1852 Section 22. Subsection (6) of section 1013.36, Florida
1853 Statutes, is amended to read:
1854 1013.36 Site planning and selection.—
1855 (6) If the school board and local government have entered
1856 into an interlocal agreement pursuant to s. 1013.33(2) and
1857 either s. 163.3177(6)(h)4. or s. 163.31777 or have developed a
1858 process to ensure consistency between the local government
1859 comprehensive plan and the school district educational
1860 facilities plan, site planning and selection must be consistent
1861 with the interlocal agreements and the plans.
1862 Section 23. This act shall take effect upon becoming a law.