HB 7203

1	A bill to be entitled
2	An act relating to comprehensive planning; amending s.
3	163.3164, F.S.; redefining the terms "urban redevelopment"
4	and "financial feasibility" for purposes of the Local
5	Government Comprehensive Planning and Land Development
6	Regulation Act; amending s. 163.3177, F.S.; providing for
7	application of requirements for financial feasibility with
8	respect to the elements of a comprehensive plan; delaying
9	the deadline for amendments conforming public facilities
10	with the capital improvements element; specifying
11	circumstances under which transportation and school
12	facilities shall be deemed to be financially feasible and
13	to have achieved level-of-service standards; amending s.
14	163.3180, F.S.; providing an exception from concurrency
15	requirements for certain airport facilities; providing an
16	additional exemption from concurrency requirements for an
17	urban service area under specified circumstances;
18	requiring that a local government consult with the state
19	land planning agency regarding the designation of a
20	concurrency exception area; revising provisions providing
21	an exception from transportation concurrency requirements
22	for a multiuse development of regional impact; providing
23	for the application of provisions that authorize payment
24	of a proportionate-share contribution to Florida Quality
25	Developments and certain plans implementing optional
26	sector plans; revising the availability standard for
27	achieving school concurrency; authorizing a development to
28	proceed under certain circumstances; providing
29	requirements for proportionate-share mitigation and
30	proportionate fair-share mitigation with respect to
31	transportation improvements; amending s. 163.3191, F.S.;
32	exempting from a prohibition on plan amendments certain
33	amendments to local comprehensive plans concerning the
34	integration of port master plans; amending s. 163.3229,
35	F.S.; extending the duration of a development agreement
36	from 10 years to 20 years; amending s. 380.06, F.S.;
37	extending the buildout and expiration dates for certain
38	projects that are developments of regional impact;
39	amending s. 704.06, F.S.; providing that all provisions of
40	a conservation easement shall survive and remain
41	enforceable after the issuance of a tax deed; authorizing
42	two or more counties, or a combination of at least one
43	county and municipality, to establish a tax increment area
44	for conservation lands by interlocal agreement; providing
45	requirements for such an interlocal agreement; requiring
46	that a tax increment be determined annually; limiting the
47	amount of the tax increment; requiring the establishment
48	of a separate reserve account for each tax increment area;
49	providing for a refund; requiring an annual audit of the
50	separate reserve account; providing for the administration
51	of the separate reserve account; providing that the
52	governmental body that administers the separate reserve
53	account may spend revenues from the tax increment to
54	purchase real property only if all parties to the
55	interlocal agreement adopt a resolution that approves the
56	purchase price; providing that a water management district
57	may be a party to the interlocal agreement; requiring
58	certain approvals from the Department of Environmental
59	Protection and the Department of Community Affairs;
60	providing a comparative standard on which the minimum
61	annual funding of the separate reserve account must be
62	based; requiring a taxing authority that does not pay tax
63	increment revenues to the separate reserve account before
64	a specified date to pay a specified amount of interest on
65	the amount of unpaid increment revenues; providing
66	exemptions for certain public bodies, taxing authorities,
67	school districts and special districts; providing that
68	revenue bonds may be paid only from revenues deposited
69	into the separate reserve account; providing that such
70	revenue bonds are not a debt, liability, or obligation of
71	the state or any public body; providing legislative
72	findings; creating s. 163.3182, F.S.; providing for the
73	creation of transportation concurrency backlog
74	authorities; providing powers and responsibilities of such
75	authorities; providing for transportation concurrency
76	backlog plans; providing for the issuance of revenue bonds
77	for certain purposes; providing for the establishment of a
78	local trust fund within each county or municipality having
79	an identified transportation concurrency backlog;
80	providing exemptions from transportation concurrency
81	requirements; providing for the satisfaction of
82	concurrency requirements; providing for dissolution of
83	transportation concurrency backlog authorities;
84	designating the Community Workforce Housing Innovation
85	Pilot Program as the "Representative Mike Davis Community
86	Workforce Housing Innovation Pilot Program"; providing
87	rulemaking authority to the Department of Community
88	Affairs; creating s. 163.32465, F.S.; providing for a
89	pilot program to provide a plan review process for certain
90	densely developed areas; providing legislative findings;
91	providing for exempting certain local governments from
92	compliance review by the state land planning agency;
93	authorizing certain municipalities to not participate in
94	the program; providing procedures and requirements for
95	adopting comprehensive plan amendments in such areas;
96	requiring public hearings; providing hearing requirements;
97	providing requirements for local government transmittal of
98	proposed plan amendments; providing for intergovernmental
99	review; providing for regional, county, and municipal
100	review; providing requirements for local government review
101	of certain comments; providing requirements for adoption
102	and transmittal of plan amendments; providing procedures
103	and requirements for challenges to compliance of adopted
104	plan amendments; providing for administrative hearings;
105	providing for applicability of program provisions;
106	requiring the Office of Program Policy Analysis and
107	Governmental Accountability to evaluate the pilot program
108	and prepare and submit a report to the Governor and
109	Legislature; providing report requirements; establishing
110	four full-time equivalent planning positions; providing an
111	appropriation; providing an effective date.
112
113	Be It Enacted by the Legislature of the State of Florida:
114
115	Section 1.  Subsections (26) and (32) of section 163.3164,
116	Florida Statutes, are amended to read:
117	163.3164  Local Government Comprehensive Planning and Land
118	Development Regulation Act; definitions.--As used in this act:
119	(26)  "Urban redevelopment" means demolition and
120	reconstruction or substantial renovation of existing buildings
121	or infrastructure within urban infill areas, or existing urban
122	service areas, or community redevelopment areas created pursuant
123	to part III.
124	(32)  "Financial feasibility" means that sufficient
125	revenues are currently available or will be available from
126	committed funding sources for the first 3 years, or will be
127	available from committed or planned funding sources for years 4
128	and 5, of a 5-year capital improvement schedule for financing
129	capital improvements, such as ad valorem taxes, bonds, state and
130	federal funds, tax revenues, impact fees, and developer
131	contributions, which are adequate to fund the projected costs of
132	the capital improvements identified in the comprehensive plan
133	necessary to ensure that adopted level-of-service standards are
134	achieved and maintained within the period covered by the 5-year
135	schedule of capital improvements. A comprehensive plan shall be
136	deemed financially feasible for transportation and school
137	facilities throughout the planning period addressed by the
138	capital improvements schedule if it can be demonstrated that the
139	level-of-service standards will be achieved and maintained by
140	the end of the planning period even if in a particular year such
141	improvements are not concurrent as required by s. 163.3180. The
142	requirement that level-of-service standards be achieved and
143	maintained shall not apply if the proportionate-share process
144	set forth in s. 163.3180(12) and (16) is used.
145	Section 2.  Subsections (2) and (3) of section 163.3177,
146	Florida Statutes, are amended to read:
147	163.3177  Required and optional elements of comprehensive
148	plan; studies and surveys.--
149	(2)  Coordination of the several elements of the local
150	comprehensive plan shall be a major objective of the planning
151	process.  The several elements of the comprehensive plan shall
152	be consistent, and the comprehensive plan shall be financially
153	feasible. Financial feasibility shall be determined using
154	professionally accepted methodologies and applies to the 5-year
155	planning period, except in the case of a long-term
156	transportation or school concurrency management system, in which
157	case a 10-year or 15-year period applies.
158	(3)(a)  The comprehensive plan shall contain a capital
159	improvements element designed to consider the need for and the
160	location of public facilities in order to encourage the
161	efficient use utilization of such facilities and set forth:
162	1.  A component that which outlines principles for
163	construction, extension, or increase in capacity of public
164	facilities, as well as a component that which outlines
165	principles for correcting existing public facility deficiencies,
166	which are necessary to implement the comprehensive plan.  The
167	components shall cover at least a 5-year period.
168	2.  Estimated public facility costs, including a
169	delineation of when facilities will be needed, the general
170	location of the facilities, and projected revenue sources to
171	fund the facilities.
172	3.  Standards to ensure the availability of public
173	facilities and the adequacy of those facilities including
174	acceptable levels of service.
175	4.  Standards for the management of debt.
176	5.  A schedule of capital improvements which includes
177	publicly funded projects, and which may include privately funded
178	projects for which the local government has no fiscal
179	responsibility, necessary to ensure that adopted level-of-
180	service standards are achieved and maintained. For capital
181	improvements that will be funded by the developer, financial
182	feasibility shall be demonstrated by being guaranteed in an
183	enforceable development agreement or interlocal agreement
184	pursuant to paragraph (10)(h), or other enforceable agreement.
185	These development agreements and interlocal agreements shall be
186	reflected in the schedule of capital improvements if the capital
187	improvement is necessary to serve development within the 5-year
188	schedule. If the local government uses planned revenue sources
189	that require referenda or other actions to secure the revenue
190	source, the plan must, in the event the referenda are not passed
191	or actions do not secure the planned revenue source, identify
192	other existing revenue sources that will be used to fund the
193	capital projects or otherwise amend the plan to ensure financial
194	feasibility.
195	6.  The schedule must include transportation improvements
196	included in the applicable metropolitan planning organization's
197	transportation improvement program adopted pursuant to s.
198	339.175(7) to the extent that such improvements are relied upon
199	to ensure concurrency and financial feasibility. The schedule
200	must also be coordinated with the applicable metropolitan
201	planning organization's long-range transportation plan adopted
202	pursuant to s. 339.175(6).
203	(b)1.  The capital improvements element must shall be
204	reviewed on an annual basis and modified as necessary in
205	accordance with s. 163.3187 or s. 163.3189 in order to maintain
206	a financially feasible 5-year schedule of capital improvements.
207	Corrections and modifications concerning costs; revenue sources;
208	or acceptance of facilities pursuant to dedications which are
209	consistent with the plan may be accomplished by ordinance and
210	shall not be deemed to be amendments to the local comprehensive
211	plan. A copy of the ordinance shall be transmitted to the state
212	land planning agency. An amendment to the comprehensive plan is
213	required to update the schedule on an annual basis or to
214	eliminate, defer, or delay the construction for any facility
215	listed in the 5-year schedule.  All public facilities must shall
216	be consistent with the capital improvements element. Amendments
217	to implement this section must be adopted and transmitted no
218	later than December 1, 2008 2007. Thereafter, a local government
219	may not amend its future land use map, except for plan
220	amendments to meet new requirements under this part and
221	emergency amendments pursuant to s. 163.3187(1)(a), after
222	December 1, 2008 2007, and every year thereafter, unless and
223	until the local government has adopted the annual update and it
224	has been transmitted to the state land planning agency.
225	2.  Capital improvements element amendments adopted after
226	the effective date of this act shall require only a single
227	public hearing before the governing board which shall be an
228	adoption hearing as described in s. 163.3184(7). Such amendments
229	are not subject to the requirements of s. 163.3184(3)-(6).
230	(c)  If the local government does not adopt the required
231	annual update to the schedule of capital improvements or the
232	annual update is found not in compliance, the state land
233	planning agency must notify the Administration Commission. A
234	local government that has a demonstrated lack of commitment to
235	meeting its obligations identified in the capital improvements
236	element may be subject to sanctions by the Administration
237	Commission pursuant to s. 163.3184(11).
238	(d)  If a local government adopts a long-term concurrency
239	management system pursuant to s. 163.3180(9), it must also adopt
240	a long-term capital improvements schedule covering up to a 10-
241	year or 15-year period, and must update the long-term schedule
242	annually. The long-term schedule of capital improvements must be
243	financially feasible.
244	(e)  At the discretion of the local government and
245	notwithstanding the requirements of this subsection, a
246	comprehensive plan, as revised by an amendment to the plan's
247	future land use map, shall be deemed to be financially feasible
248	and to have achieved and maintained level-of-service standards
249	as required by this section with respect to transportation
250	facilities if the amendment to the future land use map is
251	supported by a:
252	1.  Condition in a development order for a development of
253	regional impact or binding agreement that addresses
254	proportionate-share mitigation consistent with s. 163.3180(12);
255	or
256	2.  Binding agreement addressing proportionate fair-share
257	mitigation consistent with s. 163.3180(16)(f) and the property
258	subject to the amendment to the future land use map is located
259	within an area designated in a comprehensive plan for urban
260	infill, urban redevelopment, downtown revitalization, urban
261	infill and redevelopment, or an urban service area. The binding
262	agreement must be based on the maximum amount of development
263	identified by the future land use map amendment or as may be
264	otherwise restricted through a special area plan policy or map
265	notation in the comprehensive plan.
266	Section 3.  Paragraph (b) of subsection (4), subsections
267	(5), (12), paragraph (e) of subsection (13), and subsection (16)
268	of section 163.3180, Florida Statutes, are amended to read:
269	163.3180  Concurrency.--
270	(4)
271	(b)  The concurrency requirement as implemented in local
272	comprehensive plans does not apply to public transit facilities.
273	For the purposes of this paragraph, public transit facilities
274	include transit stations and terminals;, transit station
275	parking;, park-and-ride lots;, intermodal public transit
276	connection or transfer facilities;, and fixed bus, guideway, and
277	rail stations; and airport passenger terminals and concourses,
278	air cargo facilities, and hangars for the maintenance or storage
279	of aircraft. As used in this paragraph, the terms "terminals"
280	and "transit facilities" do not include airports or seaports or
281	commercial or residential development constructed in conjunction
282	with a public transit facility.
283	(5)(a)  The Legislature finds that under limited
284	circumstances dealing with transportation facilities,
285	countervailing planning and public policy goals may come into
286	conflict with the requirement that adequate public facilities
287	and services be available concurrent with the impacts of such
288	development. The Legislature further finds that often the
289	unintended result of the concurrency requirement for
290	transportation facilities is the discouragement of urban infill
291	development and redevelopment. Such unintended results directly
292	conflict with the goals and policies of the state comprehensive
293	plan and the intent of this part. Therefore, exceptions from the
294	concurrency requirement for transportation facilities may be
295	granted as provided by this subsection.
296	(b)  A local government may grant an exception from the
297	concurrency requirement for transportation facilities if the
298	proposed development is otherwise consistent with the adopted
299	local government comprehensive plan and is a project that
300	promotes public transportation or is located within an area
301	designated in the comprehensive plan for:
302	1.  Urban infill development;,
303	2.  Urban redevelopment;,
304	3.  Downtown revitalization;, or
305	4.  Urban infill and redevelopment under s. 163.2517; or.
306	5.  An urban service area specifically designated as a
307	transportation-concurrency-exception area which includes lands
308	appropriate for compact, contiguous urban development, which
309	does not exceed the amount of land needed to accommodate the
310	projected population growth at densities consistent with the
311	adopted comprehensive plan within the 10-year planning period,
312	and which is served or is planned to be served with public
313	facilities and services as provided by the capital improvements
314	element.
315	(c)  The Legislature also finds that developments located
316	within urban infill, urban redevelopment, existing urban
317	service, or downtown revitalization areas or areas designated as
318	urban infill and redevelopment areas under s. 163.2517 which
319	pose only special part-time demands on the transportation system
320	should be excepted from the concurrency requirement for
321	transportation facilities.  A special part-time demand is one
322	that does not have more than 200 scheduled events during any
323	calendar year and does not affect the 100 highest traffic volume
324	hours.
325	(d)  A local government shall establish guidelines in the
326	comprehensive plan for granting the exceptions authorized in
327	paragraphs (b) and (c) and subsections (7) and (15) which must
328	be consistent with and support a comprehensive strategy adopted
329	in the plan to promote the purpose of the exceptions.
330	(e)  The local government shall adopt into the plan and
331	implement long-term strategies to support and fund mobility
332	within the designated exception area, including alternative
333	modes of transportation. The plan amendment must shall also
334	demonstrate how strategies will support the purpose of the
335	exception and how mobility within the designated exception area
336	will be provided.  In addition, the strategies must address
337	urban design; appropriate land use mixes, including intensity
338	and density; and network connectivity plans needed to promote
339	urban infill, redevelopment, or downtown revitalization.  The
340	comprehensive plan amendment designating the concurrency
341	exception area must shall be accompanied by data and analysis
342	justifying the size of the area.
343	(f)  Prior to the designation of a concurrency exception
344	area, the state land planning agency and the Department of
345	Transportation shall be consulted by the local government to
346	assess the impact that the proposed exception area is expected
347	to have on the adopted level-of-service standards established
348	for Strategic Intermodal System facilities, as defined in s.
349	339.64, and roadway facilities funded in accordance with s.
350	339.2819. Further, the local government shall, in consultation
351	cooperation with the state land planning agency and the
352	Department of Transportation, develop a plan to mitigate any
353	impacts to the Strategic Intermodal System, including, if
354	appropriate, the development of a long-term concurrency
355	management system pursuant to subsection (9) and s.
356	163.3177(3)(d). The exceptions may be available only within the
357	specific geographic area of the jurisdiction designated in the
358	plan. Pursuant to s. 163.3184, any affected person may challenge
359	a plan amendment establishing these guidelines and the areas
360	within which an exception could be granted.
361	(g)  Transportation concurrency exception areas existing
362	prior to July 1, 2005, must shall meet, at a minimum, meet the
363	provisions of this section by July 1, 2006, or at the time of
364	the comprehensive plan update pursuant to the evaluation and
365	appraisal report, whichever occurs last.
366	(12)  When authorized by a local comprehensive plan, A
367	multiuse development of regional impact may satisfy the
368	transportation concurrency requirements of the local
369	comprehensive plan, the local government's concurrency
370	management system, and s. 380.06 by payment of a proportionate-
371	share contribution for local and regionally significant traffic
372	impacts, if:
373	(a)  The development of regional impact meets or exceeds
374	the guidelines and standards of s. 380.0651(3)(h) and rule 28-
375	24.032(2), Florida Administrative Code, and includes a
376	residential component that contains at least 100 residential
377	dwelling units or 15 percent of the applicable residential
378	guideline and standard, whichever is greater;
379	(a)(b)  The development of regional impact which, based on
380	its location or mix of land uses, contains an integrated mix of
381	land uses and is designed to encourage pedestrian or other
382	nonautomotive modes of transportation;
383	(b)(c)  The proportionate-share contribution for local and
384	regionally significant traffic impacts is sufficient to pay for
385	one or more required mobility improvements that will benefit a
386	regionally significant transportation facility;
387	(c)(d)  The owner and developer of the development of
388	regional impact pays or assures payment of the proportionate-
389	share contribution; and
390	(d)(e)  If the regionally significant transportation
391	facility to be constructed or improved is under the maintenance
392	authority of a governmental entity, as defined by s. 334.03(12),
393	other than the local government with jurisdiction over the
394	development of regional impact, the developer is required to
395	enter into a binding and legally enforceable commitment to
396	transfer funds to the governmental entity having maintenance
397	authority or to otherwise assure construction or improvement of
398	the facility.
399
400	The proportionate-share contribution may be applied to any
401	transportation facility to satisfy the provisions of this
402	subsection and the local comprehensive plan, but, for the
403	purposes of this subsection, the amount of the proportionate-
404	share contribution shall be calculated based upon the cumulative
405	number of trips from the proposed development expected to reach
406	roadways during the peak hour from the complete buildout of a
407	stage or phase being approved, divided by the change in the peak
408	hour maximum service volume of roadways resulting from
409	construction of an improvement necessary to maintain the adopted
410	level of service, multiplied by the construction cost, at the
411	time of developer payment, of the improvement necessary to
412	maintain the adopted level of service. For purposes of this
413	subsection, "construction cost" includes all associated costs of
414	the improvement. Proportionate-share mitigation shall be limited
415	to ensure that a development of regional impact meeting the
416	requirements of this subsection mitigates its impact on the
417	transportation system but is not responsible for the additional
418	cost of reducing or eliminating backlogs. This subsection also
419	applies to Florida Quality Developments pursuant to s. 380.061
420	and to detailed specific area plans implementing optional sector
421	plans pursuant to s. 163.3245.
422	(13)  School concurrency shall be established on a
423	districtwide basis and shall include all public schools in the
424	district and all portions of the district, whether located in a
425	municipality or an unincorporated area unless exempt from the
426	public school facilities element pursuant to s. 163.3177(12).
427	The application of school concurrency to development shall be
428	based upon the adopted comprehensive plan, as amended. All local
429	governments within a county, except as provided in paragraph
430	(f), shall adopt and transmit to the state land planning agency
431	the necessary plan amendments, along with the interlocal
432	agreement, for a compliance review pursuant to s. 163.3184(7)
433	and (8). The minimum requirements for school concurrency are the
434	following:
435	(e)  Availability standard.--Consistent with the public
436	welfare, a local government may not deny an application for site
437	plan, final subdivision approval, or the functional equivalent
438	for a development or phase of a development authorizing
439	residential development for failure to achieve and maintain the
440	level-of-service standard for public school capacity in a local
441	school concurrency management system where adequate school
442	facilities will be in place or under actual construction within
443	3 years after the issuance of final subdivision or site plan
444	approval, or the functional equivalent. School concurrency is
445	shall be satisfied if the developer executes a legally binding
446	commitment to provide mitigation proportionate to the demand for
447	public school facilities to be created by actual development of
448	the property, including, but not limited to, the options
449	described in subparagraph 1. Options for proportionate-share
450	mitigation of impacts on public school facilities must shall be
451	established in the public school facilities element and the
452	interlocal agreement pursuant to s. 163.31777.
453	1.  Appropriate mitigation options include the contribution
454	of land; the construction, expansion, or payment for land
455	acquisition or construction of a public school facility; or the
456	creation of mitigation banking based on the construction of a
457	public school facility in exchange for the right to sell
458	capacity credits. Such options must include execution by the
459	applicant and the local government of a binding development
460	agreement that constitutes a legally binding commitment to pay
461	proportionate-share mitigation for the additional residential
462	units approved by the local government in a development order
463	and actually developed on the property, taking into account
464	residential density allowed on the property prior to the plan
465	amendment that increased the overall residential density. The
466	district school board must shall be a party to such an
467	agreement. As a condition of its entry into such a development
468	agreement, the local government may require the landowner to
469	agree to continuing renewal of the agreement upon its
470	expiration.
471	2.  If the education facilities plan and the public
472	educational facilities element authorize a contribution of land;
473	the construction, expansion, or payment for land acquisition; or
474	the construction or expansion of a public school facility, or a
475	portion thereof, as proportionate-share mitigation, the local
476	government shall credit such a contribution, construction,
477	expansion, or payment toward any other impact fee or exaction
478	imposed by local ordinance for the same need, on a dollar-for-
479	dollar basis at fair market value.
480	3.  Any proportionate-share mitigation must be directed by
481	the school board toward a school capacity improvement identified
482	in a financially feasible 5-year district work plan that and
483	which satisfies the demands created by the that development in
484	accordance with a binding developer's agreement.
485	4.  If a development is precluded from commencing because
486	there is inadequate classroom capacity to mitigate the impacts
487	of the development, the development may nevertheless commence if
488	there are accelerated facilities in an approved capital
489	improvement element scheduled for construction in year four or
490	later of such plan which, when built, will mitigate the proposed
491	development, or if such accelerated facilities will be in the
492	next annual update of the capital facilities element, the
493	developer enters into a binding, financially guaranteed
494	agreement with the school district to construct an accelerated
495	facility within the first 3 years of an approved capital
496	improvement plan, and the cost of the school facility is equal
497	to or greater than the development's proportionate share. When
498	the completed school facility is conveyed to the school
499	district, the developer shall receive impact fee credits usable
500	within the zone where the facility is constructed or any
501	attendance zone contiguous with or adjacent to the zone where
502	the facility is constructed.
503	5.4.  This paragraph does not limit the authority of a
504	local government to deny a development permit or its functional
505	equivalent pursuant to its home rule regulatory powers, except
506	as provided in this part.
507	(16)  It is the intent of the Legislature to provide a
508	method by which the impacts of development on transportation
509	facilities can be mitigated by the cooperative efforts of the
510	public and private sectors. The methodology used to calculate
511	proportionate fair-share mitigation under this section shall be
512	as provided for in subsection (12).
513	(a)  By December 1, 2006, each local government shall adopt
514	by ordinance a methodology for assessing proportionate fair-
515	share mitigation options. By December 1, 2005, the Department of
516	Transportation shall develop a model transportation concurrency
517	management ordinance with methodologies for assessing
518	proportionate fair-share mitigation options.
519	(b)1.  In its transportation concurrency management system,
520	a local government shall, by December 1, 2006, include
521	methodologies that will be applied to calculate proportionate
522	fair-share mitigation. A developer may choose to satisfy all
523	transportation concurrency requirements by contributing or
524	paying proportionate fair-share mitigation if transportation
525	facilities or facility segments identified as mitigation for
526	traffic impacts are specifically identified for funding in the
527	5-year schedule of capital improvements in the capital
528	improvements element of the local plan or the long-term
529	concurrency management system or if such contributions or
530	payments to such facilities or segments are reflected in the 5-
531	year schedule of capital improvements in the next regularly
532	scheduled update of the capital improvements element. Updates to
533	the 5-year capital improvements element which reflect
534	proportionate fair-share contributions may not be found not in
535	compliance based on ss. 163.3164(32) and 163.3177(3) if
536	additional contributions, payments or funding sources are
537	reasonably anticipated during a period not to exceed 10 years to
538	fully mitigate impacts on the transportation facilities.
539	2.  Proportionate fair-share mitigation shall be applied as
540	a credit against impact fees to the extent that all or a portion
541	of the proportionate fair-share mitigation is used to address
542	the same capital infrastructure improvements contemplated by the
543	local government's impact fee ordinance.
544	(c)  Proportionate fair-share mitigation includes, without
545	limitation, separately or collectively, private funds,
546	contributions of land, and construction and contribution of
547	facilities and may include public funds as determined by the
548	local government. Proportionate fair-share mitigation may be
549	directed toward one or more specific transportation improvements
550	reasonably related to the mobility demands created by the
551	development and such improvements may address one or more modes
552	of travel. The fair market value of the proportionate fair-share
553	mitigation shall not differ based on the form of mitigation. A
554	local government may not require a development to pay more than
555	its proportionate fair-share contribution regardless of the
556	method of mitigation. Proportionate fair-share mitigation shall
557	be limited to ensure that a development meeting the requirements
558	of this section mitigates its impact on the transportation
559	system but is not responsible for the additional cost of
560	reducing or eliminating backlogs.
561	(d)  Nothing in This subsection does not shall require a
562	local government to approve a development that is not otherwise
563	qualified for approval pursuant to the applicable local
564	comprehensive plan and land development regulations.
565	(e)  Mitigation for development impacts to facilities on
566	the Strategic Intermodal System made pursuant to this subsection
567	requires the concurrence of the Department of Transportation.
568	(f)  If In the event the funds in an adopted 5-year capital
569	improvements element are insufficient to fully fund construction
570	of a transportation improvement required by the local
571	government's concurrency management system, a local government
572	and a developer may still enter into a binding proportionate-
573	share agreement authorizing the developer to construct that
574	amount of development on which the proportionate share is
575	calculated if the proportionate-share amount in such agreement
576	is sufficient to pay for one or more improvements which will, in
577	the opinion of the governmental entity or entities maintaining
578	the transportation facilities, significantly benefit the
579	impacted transportation system. The improvement or improvements
580	funded by the proportionate-share component must be adopted into
581	the 5-year capital improvements schedule of the comprehensive
582	plan at the next annual capital improvements element update. The
583	funding of any improvements that significantly benefit the
584	impacted transportation system satisfies concurrency
585	requirements as a mitigation of the development's impact upon
586	the overall transportation system even if there remains a
587	failure of concurrency on other impacted facilities.
588	(g)  Except as provided in subparagraph (b)1., nothing in
589	this section may not shall prohibit the Department of Community
590	Affairs from finding other portions of the capital improvements
591	element amendments not in compliance as provided in this
592	chapter.
593	(h)  The provisions of this subsection do not apply to a
594	multiuse development of regional impact satisfying the
595	requirements of subsection (12).
596	Section 4.  Subsection (14) is added to section 163.3191,
597	Florida Statutes, to read:
598	163.3191  Evaluation and appraisal of comprehensive plan.--
599	(14)  The requirement of subsection (10) prohibiting a
600	local government from adopting amendments to the local
601	comprehensive plan until the evaluation and appraisal report
602	update amendments have been adopted and transmitted to the state
603	land planning agency does not apply to a plan amendment proposed
604	for adoption by the appropriate local government as defined in
605	s. 163.3178(2)(k) in order to integrate a port comprehensive
606	master plan with the coastal management element of the local
607	comprehensive plan as required by s. 163.3178(2)(k) if the port
608	comprehensive master plan or the proposed plan amendment does
609	not cause or contribute to the failure of the local government
610	to comply with the requirements of the evaluation and appraisal
611	report.
612	Section 5.  Section 163.3229, Florida Statutes, is amended
613	to read:
614	163.3229  Duration of a development agreement and
615	relationship to local comprehensive plan.--The duration of a
616	development agreement shall not exceed 20 10 years. It may be
617	extended by mutual consent of the governing body and the
618	developer, subject to a public hearing in accordance with s.
619	163.3225. No development agreement shall be effective or be
620	implemented by a local government unless the local government's
621	comprehensive plan and plan amendments implementing or related
622	to the agreement are found in compliance by the state land
623	planning agency in accordance with s. 163.3184, s. 163.3187, or
624	s. 163.3189.
625	Section 6.  Paragraph (c) of subsection (19) of section
626	380.06, Florida Statutes, is amended to read:
627	380.06  Developments of regional impact.--
628	(19)  SUBSTANTIAL DEVIATIONS.--
629	(c)  An extension of the date of buildout of a development,
630	or any phase thereof, by more than 7 years is shall be presumed
631	to create a substantial deviation subject to further
632	development-of-regional-impact review. An extension of the date
633	of buildout, or any phase thereof, of more than 5 years but not
634	more than 7 years is shall be presumed not to create a
635	substantial deviation. The extension of the date of buildout of
636	an areawide development of regional impact by more than 5 years
637	but less than 10 years is presumed not to create a substantial
638	deviation. These presumptions may be rebutted by clear and
639	convincing evidence at the public hearing held by the local
640	government. An extension of 5 years or less is not a substantial
641	deviation. For the purpose of calculating when a buildout or
642	phase date has been exceeded, the time shall be tolled during
643	the pendency of administrative or judicial proceedings relating
644	to development permits. Any extension of the buildout date of a
645	project or a phase thereof shall automatically extend the
646	commencement date of the project, the termination date of the
647	development order, the expiration date of the development of
648	regional impact, and the phases thereof if applicable by a like
649	period of time. In recognition of the 2007 real estate market
650	conditions, all phase, buildout, and expiration dates for
651	projects that are developments of regional impact and under
652	active construction on July 1, 2007, are extended for 3 years
653	regardless of any prior extension. The 3-year extension is not a
654	substantial deviation, is not subject to further development-of-
655	regional-impact review, and may not be considered when
656	determining whether a subsequent extension is a substantial
657	deviation under this subsection.
658	Section 7.  Subsection (4) of section 704.06, Florida
659	Statutes, is amended to read:
660	704.06  Conservation easements; creation; acquisition;
661	enforcement.--
662	(4)  Conservation easements shall run with the land and be
663	binding on all subsequent owners of the servient estate.
664	Notwithstanding the provisions of s. 197.552, all provisions of
665	a conservation easement shall survive and are enforceable after
666	the issuance of a tax deed. No conservation easement shall be
667	unenforceable on account of lack of privity of contract or lack
668	of benefit to particular land or on account of the benefit being
669	assignable. Conservation easements may be enforced by injunction
670	or proceeding in equity or at law, and shall entitle the holder
671	to enter the land in a reasonable manner and at reasonable times
672	to assure compliance.  A conservation easement may be released
673	by the holder of the easement to the holder of the fee even
674	though the holder of the fee may not be a governmental body or a
675	charitable corporation or trust.
676	Section 8.  Tax increment financing for conservation
677	lands.--
678	(1)  Two or more counties, or a combination of at least one
679	county and one or more municipalities, may establish, through an
680	interlocal agreement, a tax increment area for conservation
681	lands. The interlocal agreement, at a minimum, must:
682	(a)  Identify the geographic boundaries of the tax
683	increment area;
684	(b)  Identify the real property to be acquired as
685	conservation land within the tax increment area;
686	(c)  Establish the percentage of tax increment financing
687	for each jurisdiction in the tax increment area which is a party
688	to the interlocal agreement;
689	(d)  Identify the governing body of the jurisdiction that
690	will administer a separate reserve account in which the tax
691	increment will be deposited;
692	(e)  Require that any tax increment revenues not used to
693	purchase conservation lands by a date certain be refunded to the
694	parties to the interlocal agreement. Any refund shall be
695	proportionate to the parties' payment of tax increment revenues
696	into the separate reserve account;
697	(f)  Provide for an annual audit of the separate reserve
698	account;
699	(g)  Designate an entity to hold title to any conservation
700	lands purchased using the tax increment revenues;
701	(h)  Provide for a continuing management plan for the
702	conservation lands; and
703	(i)  Identify the entity that will manage these
704	conservation lands.
705	(2)  The water management district in which conservation
706	lands proposed for purchase under this section are located may
707	also enter into the interlocal agreement if the district
708	provides any funds for the purchase of the conservation lands.
709	The water management districts may only use ad valorem tax
710	revenues for agreements described within this section.
711	(3)  The governing body of the jurisdiction that will
712	administer the separate reserve account shall provide
713	documentation to the Department of Community Affairs identifying
714	the boundary of the tax increment area. The department shall
715	determine whether the boundary is appropriate in that property
716	owners within the boundary will receive a benefit from the
717	proposed purchase of identified conservation lands. The
718	department must issue a letter of approval stating that the
719	establishment of the tax increment area and the proposed
720	purchases would benefit property owners within the boundary and
721	serve a public purpose before any tax increment funds are
722	deposited into the separate reserve account. If the department
723	fails to provide the required letter within 90 days after
724	receiving sufficient documentation of the boundary, the
725	establishment of the area and the proposed purchases are deemed
726	to provide such benefit and serve a public purpose.
727	(4)  Prior to the purchase of conservation lands under this
728	section, the Department of Environmental Protection must
729	determine whether the proposed purchase is sufficient to provide
730	additional recreational and ecotourism opportunities for
731	residents in the tax increment area. If the department fails to
732	provide a letter of approval within 90 days after receipt of the
733	request for such a letter, the purchase is deemed sufficient to
734	provide recreation and ecotourism opportunities.
735	(5)  The tax increment authorized under this section shall
736	be determined annually and may not exceed 95 percent of the
737	difference in ad valorem taxes as provided in s. 163.387(1)(a),
738	Florida Statutes.
739	(6)  A separate reserve account must be established for
740	each tax increment area for conservation lands which is created
741	under this section. The separate reserve account must be
742	administered pursuant to the terms of the interlocal agreement.
743	Tax increment funds allocated to this separate reserve account
744	shall be used to acquire the real property identified for
745	purchase in the interlocal agreement. Pursuant to the interlocal
746	agreement, the governing body of the local government that will
747	administer the separate reserve account may spend increment
748	revenues to purchase the real property only if all parties to
749	the interlocal agreement adopt a resolution approving the
750	purchase price.
751	(7)  The annual funding of the separate reserve account may
752	not be less than the increment income of each taxing authority
753	which is held as provided in the interlocal agreement for the
754	purchase of conservation lands.
755	(8)  Unless otherwise provided in the interlocal agreement,
756	a taxing authority that does not pay the tax increment revenues
757	to the separate reserve account by January 1 shall pay interest
758	on the amount of unpaid increment revenues equal to 1 percent
759	for each month that the increment revenue remains outstanding.
760	(9)  The public bodies and taxing authorities listed in s.
761	163.387(2)(c), Florida Statutes, school districts and special
762	districts that levy ad valorem taxes within a tax increment area
763	are exempt from this section.
764	(10)  Revenue bonds under this section are payable solely
765	out of revenues pledged to and received by the local government
766	administering the separate reserve account and deposited into
767	the separate reserve account. The revenue bonds issued under
768	this section do not constitute a debt, liability, or obligation
769	of a public body, the state, or any of the state's political
770	subdivisions.
771	Section 9.  The Legislature finds that an inadequate supply
772	of conservation lands limits recreational opportunities and
773	negatively impacts the economy, health, and welfare of the
774	surrounding community. The Legislature also finds that acquiring
775	conservation lands for recreational opportunities and ecotourism
776	serves a valid public purpose.
777	Section 10.  Section 163.3182, Florida Statutes, is created
778	to read:
779	163.3182  Transportation concurrency backlogs.--
780	(1)  DEFINITIONS.--For purposes of this section, the term:
781	(a)  "Transportation concurrency backlog area" means the
782	geographic area within the unincorporated portion of a county or
783	within the municipal boundary of a municipality designated in a
784	local government comprehensive plan for which a transportation
785	concurrency backlog authority is created pursuant to this
786	section. A transportation concurrency backlog area created
787	within the corporate boundary of a municipality shall be made
788	pursuant to an interlocal agreement between a county, a
789	municipality or municipalities, and any affected taxing
790	authority or authorities.
791	(b)  "Authority" or "transportation concurrency backlog
792	authority" means the governing body of a county or municipality
793	within which an authority is created.
794	(c)  "Governing body" means the council, commission, or
795	other legislative body charged with governing the county or
796	municipality within which a transportation concurrency backlog
797	authority is created pursuant to this section.
798	(d)  "Transportation concurrency backlog" means an
799	identified deficiency where the existing extent of traffic
800	volume exceeds the level of service standard adopted in a local
801	government comprehensive plan for a transportation facility.
802	(e)  "Transportation concurrency backlog plan" means the
803	plan adopted as part of a local government comprehensive plan by
804	the governing body of a county or municipality acting as a
805	transportation concurrency backlog authority.
806	(f)  "Transportation concurrency backlog project" means any
807	designated transportation project identified for construction
808	within the jurisdiction of a transportation concurrency backlog
809	authority.
810	(g)  "Debt service millage" means any millage levied
811	pursuant to s. 12, Art. VII of the State Constitution.
812	(h)  "Increment revenue" means the amount calculated
813	pursuant to subsection (5).
814	(i)  "Taxing authority" means a public body that levies or
815	is authorized to levy an ad valorem tax on real property located
816	within a transportation concurrency backlog area, except a
817	school district.
818	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
819	AUTHORITIES.--
820	(a)  A county or municipality may create a transportation
821	concurrency backlog authority if it has an identified
822	transportation concurrency backlog.
823	(b)  Acting as the transportation concurrency backlog
824	authority within the authority's jurisdictional boundary, the
825	governing body of a county or municipality shall adopt and
826	implement a plan to eliminate all identified transportation
827	concurrency backlogs within the authority's jurisdiction using
828	funds provided pursuant to subsection (5) and as otherwise
829	provided pursuant to this section.
830	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
831	AUTHORITY.--Each transportation concurrency backlog authority
832	has the powers necessary or convenient to carry out the purposes
833	of this section, including the following powers in addition to
834	others granted in this section:
835	(a)  To make and execute contracts and other instruments
836	necessary or convenient to the exercise of its powers under this
837	section.
838	(b)  To undertake and carry out transportation concurrency
839	backlog projects for transportation facilities that have a
840	concurrency backlog within the authority's jurisdiction.
841	Concurrency backlog projects may include transportation
842	facilities that provide for alternative modes of travel
843	including sidewalks, bikeways, and mass transit which are
844	related to a backlogged transportation facility.
845	(c)  To invest any transportation concurrency backlog funds
846	held in reserve, sinking funds, or any such funds not required
847	for immediate disbursement in property or securities in which
848	savings banks may legally invest funds subject to the control of
849	the authority and to redeem such bonds as have been issued
850	pursuant to this section at the redemption price established
851	therein, or to purchase such bonds at less than redemption
852	price. All such bonds redeemed or purchased shall be canceled.
853	(d)  To borrow money, apply for and accept advances, loans,
854	grants, contributions, and any other forms of financial
855	assistance from the Federal Government or the state, county, or
856	any other public body or from any sources, public or private,
857	for the purposes of this part, to give such security as may be
858	required, to enter into and carry out contracts or agreements,
859	and to include in any contracts for financial assistance with
860	the Federal Government for or with respect to a transportation
861	concurrency backlog project and related activities such
862	conditions imposed pursuant to federal laws as the
863	transportation concurrency backlog authority considers
864	reasonable and appropriate and which are not inconsistent with
865	the purposes of this section.
866	(e)  To make or have made all surveys and plans necessary
867	to the carrying out of the purposes of this section, to contract
868	with any persons, public or private, in making and carrying out
869	such plans, and to adopt, approve, modify, or amend such
870	transportation concurrency backlog plans.
871	(f)  To appropriate such funds and make such expenditures
872	as are necessary to carry out the purposes of this section, and
873	to enter into agreements with other public bodies, which
874	agreements may extend over any period notwithstanding any
875	provision or rule of law to the contrary.
876	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
877	(a)  Each transportation concurrency backlog authority
878	shall adopt a transportation concurrency backlog plan as a part
879	of the local government comprehensive plan within 6 months after
880	the creation of the authority. The plan shall:
881	1.  Identify all transportation facilities that have been
882	designated as deficient and require the expenditure of moneys to
883	upgrade, modify, or mitigate the deficiency.
884	2.  Include a priority listing of all transportation
885	facilities that have been designated as deficient and do not
886	satisfy concurrency requirements pursuant to s. 163.3180, and
887	the applicable local government comprehensive plan.
888	3.  Establish a schedule for financing and construction of
889	transportation concurrency backlog projects that will eliminate
890	transportation concurrency backlogs within the jurisdiction of
891	the authority within 10 years after the transportation
892	concurrency backlog plan adoption. The schedule shall be adopted
893	as part of the local government comprehensive plan.
894	(b)  The adoption of the transportation concurrency backlog
895	plan shall be exempt from the provisions of s. 163.3187(1).
896	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
897	concurrency backlog authority shall establish a local
898	transportation concurrency backlog trust fund upon creation of
899	the authority. Each local trust fund shall be administered by
900	the transportation concurrency backlog authority within which a
901	transportation concurrency backlog has been identified.
902	Beginning in the first fiscal year after the creation of the
903	authority, each local trust fund shall be funded by the proceeds
904	of an ad valorem tax increment collected within each
905	transportation concurrency backlog area to be determined
906	annually and shall be 25 percent of the difference between:
907	(a)  The amount of ad valorem tax levied each year by each
908	taxing authority, exclusive of any amount from any debt service
909	millage, on taxable real property contained within the
910	jurisdiction of the transportation concurrency backlog authority
911	and within the transportation backlog area; and
912	(b)  The amount of ad valorem taxes which would have been
913	produced by the rate upon which the tax is levied each year by
914	or for each taxing authority, exclusive of any debt service
915	millage, upon the total of the assessed value of the taxable
916	real property within the transportation concurrency backlog area
917	as shown on the most recent assessment roll used in connection
918	with the taxation of such property of each taxing authority
919	prior to the effective date of the ordinance funding the trust
920	fund.
921	(6)  EXEMPTIONS.--
922	(a)  The following public bodies or taxing authorities are
923	exempt from the provision of this section:
924	1.  A special district that levies ad valorem taxes on
925	taxable real property in more than one county.
926	2.  Special district for which the sole available source of
927	revenue is the authority to levy ad valorem taxes at the time an
928	ordinance is adopted under this section. However, revenues or
929	aid that may be dispensed or appropriated to a district as
930	defined in s. 388.011 at the discretion of an entity other than
931	such district shall not be deemed available.
932	3.  A library district.
933	4.  A neighborhood improvement district created under the
934	Safe Neighborhoods Act.
935	5.  A metropolitan transportation authority.
936	6.  A water management district created under s. 373.069.
937	7.  A community redevelopment agency.
938	(b)  A transportation concurrency exemption authority may
939	also exempt from this section a special district that levies ad
940	valorem taxes within the transportation concurrency backlog area
941	pursuant to s. 163.387(2)(d).
942	Section 11.  The Community Workforce Housing Innovation
943	Pilot Program created under s. 420.5095, Florida Statutes, shall
944	be known as the "Representative Mike Davis Community Workforce
945	Housing Innovation Pilot Program."
946	Section 12.  For the purpose of implementing Specific
947	Appropriation 1661A of the 2007-2008 General Appropriations Act,
948	the Department of Community Affairs may use expedited rulemaking
949	authority in order to implement the distribution of the Local
950	Update Census Addresses (LUCA) technical assistance grants.
951	Section 13.  Section 163.32465, Florida Statutes, is
952	created to read:
953	163.32465  State review of local comprehensive plans in
954	urban areas.--
955	(1)  LEGISLATIVE FINDINGS.--
956	(a)  The Legislature finds that local governments in this
957	state have a wide diversity of resources, conditions, abilities,
958	and needs. The Legislature also finds that the needs and
959	resources of urban areas are different from those of rural areas
960	and that different planning and growth management approaches,
961	strategies, and techniques are required in urban areas. The
962	state role in overseeing growth management should reflect this
963	diversity and should vary based on local government conditions,
964	capabilities, needs, and extent of development. Thus, the
965	Legislature recognizes and finds that reduced state oversight of
966	local comprehensive planning is justified for some local
967	governments in urban areas.
968	(b)  The Legislature finds and declares that this state's
969	urban areas require a reduced level of state oversight because
970	of their high degree of urbanization and the planning
971	capabilities and resources of many of their local governments.
972	An alternative state review process that is adequate to protect
973	issues of regional or statewide importance should be created for
974	appropriate local governments in these areas. Further, the
975	Legislature finds that development, including urban infill and
976	redevelopment, should be encouraged in these urban areas. The
977	Legislature finds that an alternative process for amending local
978	comprehensive plans in these areas should be established with an
979	objective of streamlining the process and recognizing local
980	responsibility and accountability.
981	(c)  The Legislature finds a pilot program will be
982	beneficial in evaluating an alternative, expedited plan
983	amendment adoption and review process. Pilot local governments
984	shall represent highly developed counties and the municipalities
985	within these counties and highly populated municipalities.
986	(2)  ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.--
987	Pinellas and Broward Counties, and the municipalities within
988	these counties, and Jacksonville, Miami, Tampa, and Hialeah,
989	shall follow an alternative state review process provided in
990	this section. Municipalities within the pilot counties may
991	elect, by super majority vote of the governing body, not to
992	participate in the pilot program.
993	(3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
994	UNDER THE PILOT PROGRAM.--
995	(a)  Plan amendments adopted by the pilot program
996	jurisdictions shall follow the alternate, expedited process in
997	subsections (4) and (5), except as set forth in paragraphs (b)
998	through (e) of this subsection.
999	(b)  Amendments that qualify as small-scale development
1000	amendments may continue to be adopted by the pilot program
1001	jurisdictions pursuant to ss. 163.3187(1)(c) and (3).
1002	(c)  Plan amendments that propose a rural land stewardship
1003	area pursuant to s. 163.3177(11)(d); propose an optional sector
1004	plan; update a comprehensive plan based on an evaluation and
1005	appraisal report; implement new statutory requirements; or new
1006	plans for newly incorporated municipalities are subject to state
1007	review as set forth in s. 163.3184.
1008	(d)  Pilot program jurisdictions shall be subject to the
1009	frequency and timing requirements for plan amendments set forth
1010	in ss. 163.3187 and 163.3191, except where otherwise stated in
1011	this section.
1012	(e)  The mediation and expedited hearing provisions in s.
1013	163.3189(3) apply to all plan amendments adopted by the pilot
1014	program jurisdictions.
1015	(4)  INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
1016	PILOT PROGRAM.--
1017	(a)  The local government shall hold its first public
1018	hearing on a comprehensive plan amendment on a weekday at least
1019	seven days after the day the first advertisement is published
1020	pursuant to the requirements of chapters 125 or 166. Upon an
1021	affirmative vote of not less than a majority of the members of
1022	the governing body present at the hearing, the local government
1023	shall immediately transmit the amendment or amendments and
1024	appropriate supporting data and analyses to the state land
1025	planning agency; the appropriate regional planning council and
1026	water management district; the Department of Environmental
1027	Protection; the Department of State; the Department of
1028	Transportation; in the case of municipal plans, to the
1029	appropriate county; the Fish and Wildlife Conservation
1030	Commission; the Department of Agriculture and Consumer Services;
1031	and in the case of amendments that include or impact the public
1032	school facilities element, the Office of Educational Facilities
1033	of the Commissioner of Education. The local governing body shall
1034	also transmit a copy of the amendments and supporting data and
1035	analyses to any other local government or governmental agency
1036	that has filed a written request with the governing body.
1037	(b)  The agencies and local governments specified in
1038	paragraph (a) may provide comments regarding the amendment or
1039	amendments to the local government. The regional planning
1040	council review and comment shall be limited to effects on
1041	regional resources or facilities identified in the strategic
1042	regional policy plan and extrajurisdictional impacts that would
1043	be inconsistent with the comprehensive plan of the affected
1044	local government. A regional planning council shall not review
1045	and comment on a proposed comprehensive plan amendment prepared
1046	by such council unless the plan amendment has been changed by
1047	the local government subsequent to the preparation of the plan
1048	amendment by the regional planning council. County comments on
1049	municipal comprehensive plan amendments shall be primarily in
1050	the context of the relationship and effect of the proposed plan
1051	amendments on the county plan. Municipal comments on county plan
1052	amendments shall be primarily in the context of the relationship
1053	and effect of the amendments on the municipal plan. State agency
1054	comments may include technical guidance on issues of agency
1055	jurisdiction as it relates to the requirements of this part.
1056	Such comments shall clearly identify issues that, if not
1057	resolved, may result in an agency challenge to the plan
1058	amendment. For the purposes of this pilot program, agencies are
1059	encouraged to focus potential challenges on issues of regional
1060	or statewide importance. Agencies and local governments must
1061	transmit their comments to the affected local government such
1062	that they are received by the local government not later than
1063	thirty days from the date on which the agency or government
1064	received the amendment or amendments.
1065	(5)  ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
1066	AREAS.--
1067	(a)  The local government shall hold its second public
1068	hearing, which shall be a hearing on whether to adopt one or
1069	more comprehensive plan amendments, on a weekday at least five
1070	days after the day the second advertisement is published
1071	pursuant to the requirements of chapters 125 or 166. Adoption of
1072	comprehensive plan amendments must be by ordinance and requires
1073	an affirmative vote of a majority of the members of the
1074	governing body present at the second hearing.
1075	(b)  All comprehensive plan amendments adopted by the
1076	governing body along with the supporting data and analysis shall
1077	be transmitted within ten days of the second public hearing to
1078	the state land planning agency and any other agency or local
1079	government that provided timely comments under subsection 4(b).
1080	(6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
1081	PROGRAM.--
1082	(a)  Any "affected person" as defined in s. 163.3184(1)(a)
1083	may file a petition with the Division of Administrative Hearings
1084	pursuant to ss. 120.569 and 120.57, with a copy served on the
1085	affected local government, to request a formal hearing to
1086	challenge whether the amendments are "in compliance" as defined
1087	in s. 163.3184(1)(b). This petition must be filed with the
1088	Division within 30 days after the local government adopts the
1089	amendment. The state land planning may intervene in a proceeding
1090	instituted by an affected person.
1091	(b)  The state land planning agency may file a petition
1092	with the Division of Administrative Hearings pursuant to ss.
1093	120.569 and 120.57, with a copy served on the affected local
1094	government, to request a formal hearing. This petition must be
1095	filed with the Division within 30 days after the state land
1096	planning agency notifies the local government that the plan
1097	amendment package is complete. For purposes of this section, an
1098	amendment shall be deemed complete if it contains a full,
1099	executed copy of the adoption ordinance or ordinances; in the
1100	case of a text amendment, a full copy of the amended language in
1101	legislative format with new words inserted in the text
1102	underlined, and words to be deleted lined through with hyphens;
1103	in the case of a future land use map amendment, a copy of the
1104	future land use map clearly depicting the parcel, its existing
1105	future land use designation, and its adopted designation; and a
1106	copy of any data and analyses the local government deems
1107	appropriate. The state land planning agency shall notify the
1108	local government of any deficiencies within five working days of
1109	receipt of amendment package.
1110	(c)  The state land planning agency's challenge shall be
1111	limited to those issues raised in the comments provided by the
1112	reviewing agencies pursuant to subsection (4)(b). The state land
1113	planning agency may challenge a plan amendment that has
1114	substantially changed from the version on which the agencies
1115	provided comments. For the purposes of this pilot program, the
1116	Legislature strongly encourages the state land planning agency
1117	to focus any challenge on issues of regional or statewide
1118	importance.
1119	(d)  An administrative law judge shall hold a hearing in
1120	the affected local jurisdiction.  The local government's
1121	determination that the amendment is "in compliance" is presumed
1122	to be correct and shall be sustained unless it is shown by a
1123	preponderance of the evidence that the amendment is not "in
1124	compliance."
1125	(e)  If the administrative law judge recommends that the
1126	amendment be found not in compliance, the judge shall submit the
1127	recommended order to the Administration Commission for final
1128	agency action. The Administration Commission shall enter a final
1129	order within 45 days after its receipt of the recommended order.
1130	(f)  If the administrative law judge recommends that the
1131	amendment be found in compliance, the judge shall submit the
1132	recommended order to the state land planning agency.
1133	1.  If the state land planning agency determines that the
1134	plan amendment should be found not in compliance, the agency
1135	shall refer, within 30 days of receipt of the recommended order,
1136	the recommended order and its determination to the
1137	Administration Commission for final agency action. If the
1138	commission determines that the amendment is not in compliance,
1139	it may sanction the local government as set forth in s.
1140	163.3184(11).
1141	2.  If the state land planning agency determines that the
1142	plan amendment should be found in compliance, the agency shall
1143	enter its final order not later than 30 days from receipt of the
1144	recommended order.
1145	(g)  An amendment adopted under the expedited provisions of
1146	this section shall not become effective until 31 days after
1147	adoption.  If timely challenged, an amendment shall not become
1148	effective until the state land planning agency or the
1149	Administration Commission enters a final order determining the
1150	adopted amendment to be in compliance.
1151	(h)  Parties to a proceeding under this section may enter
1152	into compliance agreements using the process in s. 163.3184(16).
1153	Any remedial amendment adopted pursuant to a settlement
1154	agreement shall be provided to the agencies and governments
1155	listed in paragraph (4)(a).
1156	(7)  APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
1157	GOVERNMENTS.--Local governments and specific areas that have
1158	been designated for alternate review process pursuant to ss.
1159	163.3246 and 163.3184(17) and (18) are not subject to this
1160	section.
1161	(8)  RULEMAKING AUTHORITY FOR PILOT PROGRAM.--Agencies
1162	shall not promulgate rules to implement this pilot program.
1163	(9)  REPORT.--The Office of Program Policy Analysis and
1164	Government Accountability shall submit to the Governor, the
1165	President of the Senate, and the Speaker of the House of
1166	Representatives by December 1, 2008, a report and
1167	recommendations for implementing a statewide program that
1168	addresses the legislative findings in subsection (1) in areas
1169	that meet urban criteria. The Office of Program Policy Analysis
1170	and Government Accountability in consultation with the state
1171	land planning agency shall develop the report and
1172	recommendations with input from other state and regional
1173	agencies, local governments and interest groups. Additionally,
1174	the office shall review local and state actions and
1175	correspondence relating to the pilot program to identify issues
1176	of process and substance in recommending changes to the pilot
1177	program. At a minimum, the report and recommendations shall
1178	include the following:
1179	(a)  Identification of local governments beyond those
1180	participating in the pilot program that should be subject to the
1181	alternative expedited state review process. The report may
1182	recommend that pilot program local governments may no longer be
1183	appropriate for such alternative review process.
1184	(b)  Changes to the alternative expedited state review
1185	process for local comprehensive plan amendments identified in
1186	the pilot program.
1187	(c)  Criteria for determining issues of regional or
1188	statewide importance that are to be protected in the alternative
1189	state review process.
1190	(d)  In preparing the report and recommendations, the
1191	Office of Program Policy Analysis and Government Accountability
1192	shall consult with the state land planning agency, the
1193	Department of Transportation, the Department of Environmental
1194	Protection, and the regional planning agencies in identifying
1195	highly developed local governments to participate in the
1196	alternative expedited state review process. The Office of
1197	Program Policy Analysis and Governmental Accountability shall
1198	also solicit citizen input in the potentially affected areas and
1199	consult with the affected local governments, and stakeholder
1200	groups.
1201	Section 14.  There is established four full-time equivalent
1202	planning positions and appropriated rate in the amount of
1203	$220,000 and salary budget authority in the amount of $326,620
1204	from the Grants and Donations Trust Fund in the Division of
1205	Community Planning for the purposes of providing technical
1206	assistance and advice to state and local governments in their
1207	ability to respond to growth-related issues, and to ensure
1208	compliance with chapter 163 comprehensive planning issues.
1209	Section 15.  This act shall take effect July 1, 2007.

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