HB 7129

1	A bill to be entitled
2	An act relating to growth management; amending s.
3	163.3167, F.S.; revising prohibited initiatives or
4	referenda; amending s. 163.3177, F.S.; extending a date
5	for adopting and transmitting certain required amendments;
6	revising criteria and requirements for future land use
7	plan elements of local government comprehensive plans;
8	revising requirements for a housing element; revising
9	requirements for an intergovernmental coordination
10	element; revising requirements for a transportation
11	element; amending s. 163.3180, F.S.; establishing certain
12	transportation concurrency exception areas for certain
13	purposes; providing requirements; revising long-term
14	concurrency requirements; revising development of regional
15	impact proportionate share requirements; providing a
16	definition; revising multimodal transportation district
17	requirements; providing definitions; providing a
18	calculation methodology for certain a development's future
19	mitigation costs; providing for an Urban Placemaking
20	Initiative Pilot Project Program; providing for
21	designating certain local governments as urban placemaking
22	initiative pilot projects; providing purposes,
23	requirements, criteria, procedures, and limitations for
24	such local governments, the pilot projects and the
25	program; revising development proportionate fair-share
26	requirements; providing a definition; providing
27	legislative findings relating to transportation
28	concurrency; providing legislative intent relating to
29	mobility fees for certain purposes; requiring the
30	Legislative Committee on Intergovernmental Relations to
31	study and develop a methodology for a mobility fee system;
32	providing study and fee applicability requirements;
33	providing for establishing a mobility fee pilot program in
34	certain counties and municipalities in such counties;
35	providing coordination requirements for the committee and
36	such local governments; requiring implementation by a
37	certain date; providing program requirements and criteria;
38	providing mobility fee requirements and limitations;
39	amending s. 163.31801, F.S.; imposing an evidentiary
40	burden on a local government imposing an impact fee in
41	impact fee validity challenge actions; amending s.
42	163.3184, F.S.; providing certain meeting and notice
43	requirements for applications for future land use
44	amendments; increasing the time period for agency review;
45	revising requirements for public hearings for
46	comprehensive plans or plan amendments; providing
47	procedures and requirements for assistance to local
48	governments by the Rural Economic Development Initiative
49	for plan amendments in rural areas of critical economic
50	importance; providing limited application and exemptions
51	for certain plan map amendments; authorizing affected
52	persons to file petitions for administrative review
53	challenging compliance of certain plan amendments;
54	providing legislative findings relating to rural centers
55	of economic development; providing a declaration of
56	compelling state interest; providing a definition;
57	authorizing certain landowners to apply for amendments to
58	comprehensive plans for certain rural centers of economic
59	development; providing application requirements,
60	procedures, and limitations; amending s. 163.3245, F.S.;
61	revising optional sector plans requirements and
62	procedures; amending s. 163.32465, F.S.; revising
63	legislative findings; revising alternative state review
64	process pilot program requirements and procedures;
65	expanding application of the program; revising
66	requirements for the initial hearing on comprehensive plan
67	amendments for the program; revising requirements for
68	administrative challenges to plan amendments for the
69	program; creating s. 163.351, F.S.; revising requirements
70	concerning reporting by community redevelopment agencies;
71	requiring an annual report of progress and plans to the
72	governing body; requiring that the agency and the county
73	or municipality make such report available for public
74	inspection; requiring that certain reports or information
75	concerning dependent special districts be annually
76	provided to the Department of Community Affairs; requiring
77	that certain financial reports or information be annually
78	provided to the Department of Financial Services; amending
79	s. 163.356, F.S.; eliminating the requirement that
80	community redevelopment agencies file and make available
81	to the public certain reports concerning finances;
82	amending s. 163.370, F.S.; specifying additional projects
83	that may not be paid for or financed with increment
84	revenues; amending s. 163.387, F.S.; providing
85	requirements concerning the calculation of increment
86	revenues; revising the factors used to calculate increment
87	revenues; limiting expenditures made from the
88	redevelopment trust fund for the undertakings of a
89	community redevelopment agency to undertakings within the
90	community redevelopment area; providing a list of the
91	types of expenditures that may be made; specifying that
92	the list is not exclusive; eliminating requirements
93	concerning the auditing of a community redevelopment
94	agency's redevelopment trust fund; amending s. 288.0655,
95	F.S.; providing for a waiver of local match requirements
96	for certain catalyst site funding applications;
97	authorizing the office to award grants for a certain
98	percentage of total infrastructure project costs for
99	certain catalyst site funding applications; amending s.
100	288.0656, F.S.; providing legislative intent; revising
101	definitions; providing certain additional review and
102	action requirements for REDI relating to rural
103	communities; revising representation on REDI; deleting a
104	limitation on characterization as a rural area of critical
105	economic concern; authorizing rural areas of critical
106	economic concern to designate certain catalyst project for
107	certain purposes; providing project requirements;
108	requiring the initiative to assist local governments with
109	certain comprehensive planning needs; providing procedures
110	and requirements for such assistance; revising certain
111	reporting requirements for REDI; amending s. 380.06, F.S.;
112	revising criteria for extending application of certain
113	deadline dates and approvals for developments of regional
114	impact; expanding the exemption for certain proposed
115	developments or redevelopments to include certain
116	additional areas; providing an additional statutory
117	exemption for certain developments in certain counties;
118	providing requirements and limitations; amending s.
119	380.0651, F.S.; expanding the criteria for determining
120	whether certain additional hotel or motel developments are
121	required to undergo development-of-regional impact review;
122	amending s. 403.121, F.S.; providing for limitations on
123	building permits relating to consent orders; amending s.
124	420.615, F.S.; providing specified application and
125	exemptions for certain comprehensive plan amendments
126	relating to affordable housing land donation density bonus
127	incentives; authorizing affected persons to file petitions
128	for administrative review challenging compliance of such
129	plan amendments; amending ss. 163.3187, 257.193, 288.019,
130	288.06561, 339.2819, and 627.6699, F.S.; correcting cross-
131	references; providing an appropriation; providing an
132	effective date.
133
134	Be It Enacted by the Legislature of the State of Florida:
135
136	Section 1.  Subsection (12) of section 163.3167, Florida
137	Statutes, is amended to read:
138	163.3167  Scope of act.--
139	(12)  An initiative or referendum process in regard to any
140	of the following is prohibited:
141	(a)  Any development order; or
142	(b)  in regard to Any local comprehensive plan amendment or
143	map amendment that applies to affects five or fewer parcels of
144	land is prohibited.
145	Section 2.  Paragraph (b) of subsection (3) and paragraphs
146	(a), (f), (h), and (j) of subsection (6) of section 163.3177,
147	Florida Statutes, are amended to read:
148	163.3177  Required and optional elements of comprehensive
149	plan; studies and surveys.--
150	(3)
151	(b)1.  The capital improvements element must be reviewed on
152	an annual basis and modified as necessary in accordance with s.
153	163.3187 or s. 163.3189 in order to maintain a financially
154	feasible 5-year schedule of capital improvements. Corrections
155	and modifications concerning costs; revenue sources; or
156	acceptance of facilities pursuant to dedications which are
157	consistent with the plan may be accomplished by ordinance and
158	shall not be deemed to be amendments to the local comprehensive
159	plan. A copy of the ordinance shall be transmitted to the state
160	land planning agency. An amendment to the comprehensive plan is
161	required to update the schedule on an annual basis or to
162	eliminate, defer, or delay the construction for any facility
163	listed in the 5-year schedule. All public facilities must be
164	consistent with the capital improvements element. Amendments to
165	implement this section must be adopted and transmitted no later
166	than December 1, 2009 2008. Thereafter, a local government may
167	not amend its future land use map, except for plan amendments to
168	meet new requirements under this part and emergency amendments
169	pursuant to s. 163.3187(1)(a), after December 1, 2009 2008, and
170	every year thereafter, unless and until the local government has
171	adopted the annual update and it has been transmitted to the
172	state land planning agency.
173	2.  Capital improvements element amendments adopted after
174	the effective date of this act shall require only a single
175	public hearing before the governing board which shall be an
176	adoption hearing as described in s. 163.3184(7). Such amendments
177	are not subject to the requirements of s. 163.3184(3)-(6).
178	(6)  In addition to the requirements of subsections (1)-(5)
179	and (12), the comprehensive plan shall include the following
180	elements:
181	(a)  A future land use plan element designating proposed
182	future general distribution, location, and extent of the uses of
183	land for residential uses, commercial uses, industry,
184	agriculture, recreation, conservation, education, public
185	buildings and grounds, other public facilities, and other
186	categories of the public and private uses of land. Counties are
187	encouraged to designate rural land stewardship areas, pursuant
188	to the provisions of paragraph (11)(d), as overlays on the
189	future land use map.
190	1.  Each future land use category must be defined in terms
191	of uses included, and must include standards to be followed in
192	the control and distribution of population densities and
193	building and structure intensities. The proposed distribution,
194	location, and extent of the various categories of land use shall
195	be shown on a land use map or map series which shall be
196	supplemented by goals, policies, and measurable objectives.
197	2.  The future land use plan shall be based upon surveys,
198	studies, and data regarding the area, including the amount of
199	land required to accommodate anticipated growth; the projected
200	population of the area; the character of undeveloped land; the
201	availability of water supplies, public facilities, and services;
202	the need for redevelopment, including the renewal of blighted
203	areas and the elimination of nonconforming uses which are
204	inconsistent with the character of the community; the
205	compatibility of uses on lands adjacent to or closely proximate
206	to military installations; lands adjacent to an airport as
207	defined in s. 330.35 and consistent with s. 333.02; and, in
208	rural communities, the need for job creation, capital
209	investment, and economic development that will strengthen and
210	diversify the community's economy.
211	3.  The future land use plan may designate areas for future
212	planned development use involving combinations of types of uses
213	for which special regulations may be necessary to ensure
214	development in accord with the principles and standards of the
215	comprehensive plan and this act.
216	4.  The future land use plan element shall include criteria
217	to be used to achieve the compatibility of adjacent or closely
218	proximate lands with military installations and lands adjacent
219	to an airport as defined in s. 330.35 and consistent with s.
220	333.02.
221	5.  In addition, For rural communities, the amount of land
222	designated for future planned industrial use shall be based upon
223	the need to mitigate conditions described in s. 288.0656(2)(c)
224	and shall surveys and studies that reflect the need for job
225	creation, capital investment, and the necessity to strengthen
226	and diversify the local economies, and shall not be limited
227	solely by the projected population of the rural community.
228	6.  The future land use plan of a county may also designate
229	areas for possible future municipal incorporation.
230	7.  The land use maps or map series shall generally
231	identify and depict historic district boundaries and shall
232	designate historically significant properties meriting
233	protection.
234	8.  For coastal counties, the future land use element must
235	include, without limitation, regulatory incentives and criteria
236	that encourage the preservation of recreational and commercial
237	working waterfronts as defined in s. 342.07.
238	9.  The future land use element must clearly identify the
239	land use categories in which public schools are an allowable
240	use. When delineating the land use categories in which public
241	schools are an allowable use, a local government shall include
242	in the categories sufficient land proximate to residential
243	development to meet the projected needs for schools in
244	coordination with public school boards and may establish
245	differing criteria for schools of different type or size. Each
246	local government shall include lands contiguous to existing
247	school sites, to the maximum extent possible, within the land
248	use categories in which public schools are an allowable use. The
249	failure by a local government to comply with these school siting
250	requirements will result in the prohibition of the local
251	government's ability to amend the local comprehensive plan,
252	except for plan amendments described in s. 163.3187(1)(b), until
253	the school siting requirements are met. Amendments proposed by a
254	local government for purposes of identifying the land use
255	categories in which public schools are an allowable use are
256	exempt from the limitation on the frequency of plan amendments
257	contained in s. 163.3187. The future land use element shall
258	include criteria that encourage the location of schools
259	proximate to urban residential areas to the extent possible and
260	shall require that the local government seek to collocate public
261	facilities, such as parks, libraries, and community centers,
262	with schools to the extent possible and to encourage the use of
263	elementary schools as focal points for neighborhoods. For
264	schools serving predominantly rural counties, defined as a
265	county with a population of 100,000 or fewer, an agricultural
266	land use category shall be eligible for the location of public
267	school facilities if the local comprehensive plan contains
268	school siting criteria and the location is consistent with such
269	criteria.
270	10.  Local governments required to update or amend their
271	comprehensive plan to include criteria and address compatibility
272	of land adjacent to an airport as defined in s. 330.35 and
273	consistent with s. 333.02 or closely proximate lands with
274	existing military installations in their future land use plan
275	element shall transmit the update or amendment to the state land
276	planning agency department by June 30, 2010 2006.
277	(f)1.  A housing element consisting of standards, plans,
278	and principles to be followed in:
279	a.  The provision of housing for all current and
280	anticipated future residents of the jurisdiction.
281	b.  The elimination of substandard dwelling conditions.
282	c.  The structural and aesthetic improvement of existing
283	housing.
284	d.  The provision of adequate sites for future housing,
285	including affordable workforce housing as defined in s.
286	380.0651(3)(j), housing for low-income, very low-income, and
287	moderate-income families, mobile homes, and group home
288	facilities and foster care facilities, with supporting
289	infrastructure and public facilities.
290	e.  Provision for relocation housing and identification of
291	historically significant and other housing for purposes of
292	conservation, rehabilitation, or replacement.
293	f.  The formulation of housing implementation programs.
294	g.  The creation or preservation of affordable housing to
295	minimize the need for additional local services and avoid the
296	concentration of affordable housing units only in specific areas
297	of the jurisdiction.
298
299	The goals, objectives, and policies of the housing element must
300	be based on the data and analysis prepared on housing needs,
301	including the affordable housing needs assessment. State and
302	federal housing plans prepared on behalf of the local government
303	must be consistent with the goals, objectives, and policies of
304	the housing element. Local governments are encouraged to utilize
305	job training, job creation, and economic solutions to address a
306	portion of their affordable housing concerns.
307	2.h.  By July 1, 2008, each county in which the gap between
308	the buying power of a family of four and the median county home
309	sale price exceeds $170,000, as determined by the Florida
310	Housing Finance Corporation, and which is not designated as an
311	area of critical state concern shall adopt a plan for ensuring
312	affordable workforce housing. At a minimum, the plan shall
313	identify adequate sites for such housing. For purposes of this
314	sub-subparagraph, the term "workforce housing" means housing
315	that is affordable to natural persons or families whose total
316	household income does not exceed 140 percent of the area median
317	income, adjusted for household size.
318	3.i.  As a precondition to receiving any state affordable
319	housing funding or allocation for any project or program within
320	a county's or municipality's jurisdiction, a county or
321	municipality shall provide by July 1 of each year certification
322	that the inventory required in s. 125.379 or s. 166.0451,
323	respectively, and any update required by this section are
324	complete Failure by a local government to comply with the
325	requirement in sub-subparagraph h. will result in the local
326	government being ineligible to receive any state housing
327	assistance grants until the requirement of sub-subparagraph h.
328	is met.
329
330	The goals, objectives, and policies of the housing element must
331	be based on the data and analysis prepared on housing needs,
332	including the affordable housing needs assessment. State and
333	federal housing plans prepared on behalf of the local government
334	must be consistent with the goals, objectives, and policies of
335	the housing element. Local governments are encouraged to utilize
336	job training, job creation, and economic solutions to address a
337	portion of their affordable housing concerns.
338	4.2.  To assist local governments in housing data
339	collection and analysis and assure uniform and consistent
340	information regarding the state's housing needs, the state land
341	planning agency shall conduct an affordable housing needs
342	assessment for all local jurisdictions on a schedule that
343	coordinates the implementation of the needs assessment with the
344	evaluation and appraisal reports required by s. 163.3191. Each
345	local government shall utilize the data and analysis from the
346	needs assessment as one basis for the housing element of its
347	local comprehensive plan. The agency shall allow a local
348	government the option to perform its own needs assessment, if it
349	uses the methodology established by the agency by rule.
350	(h)1.  An intergovernmental coordination element showing
351	relationships and stating principles and guidelines to be used
352	in coordinating the accomplishment of coordination of the
353	adopted comprehensive plan with the plans of school boards,
354	regional water supply authorities, and other units of local
355	government providing services but not having regulatory
356	authority over the use of land, with the comprehensive plans of
357	adjacent municipalities, the county, adjacent counties, or the
358	region, with the state comprehensive plan and with the
359	applicable regional water supply plan approved pursuant to s.
360	373.0361, as the case may require and as such adopted plans or
361	plans in preparation may exist. This element of the local
362	comprehensive plan shall demonstrate consideration of the
363	particular effects of the local plan, when adopted, upon the
364	development of adjacent municipalities, the county, adjacent
365	counties, or the region, or upon the state comprehensive plan,
366	as the case may require.
367	a.  The intergovernmental coordination element shall
368	provide for procedures for identifying and implementing to
369	identify and implement joint planning areas, especially for the
370	purpose of annexation, municipal incorporation, and joint
371	infrastructure service areas.
372	b.  The intergovernmental coordination element must shall
373	provide for recognition of campus master plans prepared pursuant
374	to s. 1013.30 and airport master plans pursuant to paragraph
375	(k).
376	c.  The intergovernmental coordination element may provide
377	for a voluntary dispute resolution process, as established
378	pursuant to s. 186.509, for bringing to closure in a timely
379	manner intergovernmental disputes to closure in a timely manner.
380	A local government may also develop and use an alternative local
381	dispute resolution process for this purpose.
382	d.  The intergovernmental coordination element must provide
383	for interlocal agreements, as established pursuant to s.
384	333.03(1)(b).
385	2.  The intergovernmental coordination element shall
386	further state principles and guidelines to be used in the
387	accomplishment of coordination of the adopted comprehensive plan
388	with the plans of school boards and other units of local
389	government providing facilities and services but not having
390	regulatory authority over the use of land. In addition, the
391	intergovernmental coordination element shall describe joint
392	processes for collaborative planning and decisionmaking on
393	population projections and public school siting, the location
394	and extension of public facilities subject to concurrency, and
395	siting facilities with countywide significance, including
396	locally unwanted land uses whose nature and identity are
397	established in an agreement. Within 1 year of adopting their
398	intergovernmental coordination elements, each county, all the
399	municipalities within that county, the district school board,
400	and any unit of local government service providers in that
401	county shall establish by interlocal or other formal agreement
402	executed by all affected entities, the joint processes described
403	in this subparagraph consistent with their adopted
404	intergovernmental coordination elements.
405	3.  To foster coordination between special districts and
406	local general-purpose governments as local general-purpose
407	governments implement local comprehensive plans, each
408	independent special district must submit a public facilities
409	report to the appropriate local government as required by s.
410	189.415.
411	4.a.  Local governments must execute an interlocal
412	agreement with the district school board, the county, and
413	nonexempt municipalities pursuant to s. 163.31777. The local
414	government shall amend the intergovernmental coordination
415	element to provide that coordination between the local
416	government and school board is pursuant to the agreement and
417	shall state the obligations of the local government under the
418	agreement.
419	b.  Plan amendments that comply with this subparagraph are
420	exempt from the provisions of s. 163.3187(1).
421	5.  The state land planning agency shall establish a
422	schedule for phased completion and transmittal of plan
423	amendments to implement subparagraphs 1., 2., and 3. from all
424	jurisdictions so as to accomplish their adoption by December 31,
425	1999. A local government may complete and transmit its plan
426	amendments to carry out these provisions prior to the scheduled
427	date established by the state land planning agency. The plan
428	amendments are exempt from the provisions of s. 163.3187(1).
429	6.  By January 1, 2004, any county having a population
430	greater than 100,000, and the municipalities and special
431	districts within that county, shall submit a report to the
432	Department of Community Affairs which:
433	a.  Identifies all existing or proposed interlocal service
434	delivery agreements regarding the following: education; sanitary
435	sewer; public safety; solid waste; drainage; potable water;
436	parks and recreation; and transportation facilities.
437	b.  Identifies any deficits or duplication in the provision
438	of services within its jurisdiction, whether capital or
439	operational. Upon request, the Department of Community Affairs
440	shall provide technical assistance to the local governments in
441	identifying deficits or duplication.
442	7.  Within 6 months after submission of the report, the
443	Department of Community Affairs shall, through the appropriate
444	regional planning council, coordinate a meeting of all local
445	governments within the regional planning area to discuss the
446	reports and potential strategies to remedy any identified
447	deficiencies or duplications.
448	8.  Each local government shall update its
449	intergovernmental coordination element based upon the findings
450	in the report submitted pursuant to subparagraph 6. The report
451	may be used as supporting data and analysis for the
452	intergovernmental coordination element.
453	(j)  For each unit of local government within an urbanized
454	area designated for purposes of s. 339.175, a transportation
455	element, which shall be prepared and adopted in lieu of the
456	requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
457	and (d) and which shall address the following issues:
458	1.  Traffic circulation, including major thoroughfares and
459	other routes, including bicycle and pedestrian ways.
460	2.  All alternative modes of travel, such as public
461	transportation, pedestrian, and bicycle travel.
462	3.  Parking facilities.
463	4.  Aviation, rail, seaport facilities, access to those
464	facilities, and intermodal terminals.
465	5.  The availability of facilities and services to serve
466	existing land uses and the compatibility between future land use
467	and transportation elements.
468	6.  The capability to evacuate the coastal population prior
469	to an impending natural disaster.
470	7.  Airports, projected airport and aviation development,
471	and land use compatibility around airports that includes areas
472	defined in s. 333.01 and described in s. 333.02.
473	8.  An identification of land use densities, building
474	intensities, and transportation management programs to promote
475	public transportation systems in designated public
476	transportation corridors so as to encourage population densities
477	sufficient to support such systems.
478	9.  May include transportation corridors, as defined in s.
479	334.03, intended for future transportation facilities designated
480	pursuant to s. 337.273. If transportation corridors are
481	designated, the local government may adopt a transportation
482	corridor management ordinance.
483	Section 3.  Subsections (5), (12), and (16) of section
484	163.3180, Florida Statutes, are amended, and paragraph (f) is
485	added to subsection (15) of that section, to read:
486	163.3180  Concurrency.--
487	(5)(a)  Countervailing planning and public policy
488	goals.--The Legislature finds that under limited circumstances
489	dealing with transportation facilities, countervailing planning
490	and public policy goals may come into conflict with the
491	requirement that adequate public transportation facilities and
492	services be available concurrent with the impacts of such
493	development. The Legislature further finds that often the
494	unintended result of the concurrency requirement for
495	transportation facilities is often the discouragement of urban
496	infill development and redevelopment. Such unintended results
497	directly conflict with the goals and policies of the state
498	comprehensive plan and the intent of this part. The Legislature
499	finds that in urban centers transportation cannot be effectively
500	managed and mobility cannot be improved solely through expansion
501	of roadway capacity, that in many urban areas the expansion of
502	roadway capacity is not always physically or financially
503	possible, and that a range of transportation alternatives are
504	essential to satisfy mobility needs, reduce congestion, and
505	achieve healthy, vibrant centers. Therefore, exceptions from the
506	concurrency requirement for transportation facilities may be
507	granted as provided by this subsection.
508	(b)  Geographic applicability of transportation concurrency
509	exception areas.--
510	1.  Transportation concurrency exception areas are
511	established for those geographic areas identified in the
512	comprehensive plan for urban infill development, urban
513	redevelopment, downtown revitalization, or urban infill and
514	redevelopment under s. 163.2517.
515	2.  A local government may grant an exception from the
516	concurrency requirement for transportation facilities if the
517	proposed development is otherwise consistent with the adopted
518	local government comprehensive plan and is a project that
519	promotes public transportation or is located within an area
520	designated in the comprehensive plan as for:
521	1.  Urban infill development;
522	2.  Urban redevelopment;
523	3.  Downtown revitalization;
524	4.  Urban infill and redevelopment under s. 163.2517; or
525	5.  an urban service area specifically designated as a
526	transportation concurrency exception area which includes lands
527	appropriate for compact, contiguous urban development, which
528	does not exceed the amount of land needed to accommodate the
529	projected population growth at densities consistent with the
530	adopted comprehensive plan within the 10-year planning period,
531	and which is served or is planned to be served with public
532	facilities and services as provided by the capital improvements
533	element.
534	(c)  Projects with special part-time demands.--The
535	Legislature also finds that developments located within urban
536	infill, urban redevelopment, existing urban service, or downtown
537	revitalization areas or areas designated as urban infill and
538	redevelopment areas under s. 163.2517 which pose only special
539	part-time demands on the transportation system should be
540	excepted from the concurrency requirement for transportation
541	facilities. A special part-time demand is one that does not have
542	more than 200 scheduled events during any calendar year and does
543	not affect the 100 highest traffic volume hours.
544	(d)  Establishment of concurrency exception areas.--For
545	transportation concurrency exception areas adopted pursuant to
546	subparagraph (b)2., the following requirements apply:
547	1.  A local government shall establish guidelines in the
548	comprehensive plan for granting the transportation concurrency
549	exceptions that authorized in paragraphs (b) and (c) and
550	subsections (7) and (15) which must be consistent with and
551	support a comprehensive strategy adopted in the plan to promote
552	and facilitate development consistent with the planning and
553	public policy goals upon which the establishment of the
554	concurrency exception areas was predicated the purpose of the
555	exceptions.
556	2.(e)  The local government shall adopt into the plan and
557	implement long-term strategies to support and fund mobility
558	within the designated exception area, including alternative
559	modes of transportation. The plan amendment must also
560	demonstrate how strategies will support the purpose of the
561	exception and how mobility within the designated exception area
562	will be provided. In addition, the strategies must address urban
563	design; appropriate land use mixes, including intensity and
564	density; and network connectivity plans needed to promote urban
565	infill, redevelopment, or downtown revitalization. The
566	comprehensive plan amendment designating the concurrency
567	exception area must be accompanied by data and analysis
568	justifying the size of the area.
569	3.(f)  Prior to the designation of a concurrency exception
570	area pursuant to subparagraph (b)2., the state land planning
571	agency and the Department of Transportation shall be consulted
572	by the local government to assess the effect impact that the
573	proposed exception area is expected to have on the adopted
574	level-of-service standards established for Strategic Intermodal
575	System facilities, as defined in s. 339.64, and roadway
576	facilities funded in accordance with s. 339.2819. Further, the
577	local government shall, in consultation with the state land
578	planning agency and the Department of Transportation, develop a
579	plan to mitigate any impacts to the Strategic Intermodal System,
580	including, if appropriate, access management, parallel reliever
581	roads, transportation demand management, and other measures.
582	4.  Local governments shall also meet with adjacent
583	jurisdictions that may be impacted by the designation to discuss
584	strategies to minimize impacts the development of a long-term
585	concurrency management system pursuant to subsection (9) and s.
586	163.3177(3)(d). The exceptions may be available only within the
587	specific geographic area of the jurisdiction designated in the
588	plan. Pursuant to s. 163.3184, any affected person may challenge
589	a plan amendment establishing these guidelines and the areas
590	within which an exception could be granted.
591	(g)  Transportation concurrency exception areas existing
592	prior to July 1, 2005, must, at a minimum, meet the provisions
593	of this section by July 1, 2006, or at the time of the
594	comprehensive plan update pursuant to the evaluation and
595	appraisal report, whichever occurs last.
596	(9)(a)  Each local government may adopt as a part of its
597	plan, long-term transportation and school concurrency management
598	systems with a planning period of up to 10 years for specially
599	designated districts or areas where significant backlogs exist.
600	The plan may include interim level-of-service standards on
601	certain facilities and shall rely on the local government's
602	schedule of capital improvements for up to 10 years as a basis
603	for issuing development orders that authorize commencement of
604	construction in these designated districts or areas. The
605	concurrency management system must be designed to correct
606	existing deficiencies and set priorities for addressing
607	backlogged facilities. For a long-term transportation system,
608	the local government shall consult with the appropriate
609	metropolitan planning organization in setting priorities for
610	addressing backlogged facilities. The concurrency management
611	system must be financially feasible and consistent with other
612	portions of the adopted local plan, including the future land
613	use map.
614	(b)  If a local government has a transportation or school
615	facility backlog for existing development which cannot be
616	adequately addressed in a 10-year plan, the state land planning
617	agency may allow it to develop a plan and long-term schedule of
618	capital improvements covering up to 15 years for good and
619	sufficient cause, based on a general comparison between that
620	local government and all other similarly situated local
621	jurisdictions, using the following factors:
622	1.  The extent of the backlog.
623	2.  For roads, whether the backlog is on local or state
624	roads.
625	3.  The cost of eliminating the backlog.
626	4.  The local government's tax and other revenue-raising
627	efforts.
628	(c)  The local government may issue approvals to commence
629	construction notwithstanding this section, consistent with and
630	in areas that are subject to a long-term concurrency management
631	system.
632	(d)  If the local government adopts a long-term concurrency
633	management system, it must evaluate the system periodically. At
634	a minimum, the local government must assess its progress toward
635	improving levels of service within the long-term concurrency
636	management district or area in the evaluation and appraisal
637	report and determine any changes that are necessary to
638	accelerate progress in meeting acceptable levels of service.
639	(12)(a)  A development of regional impact may satisfy the
640	transportation concurrency requirements of the local
641	comprehensive plan, the local government's concurrency
642	management system, and s. 380.06 by payment of a proportionate-
643	share contribution for local and regionally significant traffic
644	impacts, if:
645	1.(a)  The development of regional impact which, based on
646	its location or mix of land uses, is designed to encourage
647	pedestrian or other nonautomotive modes of transportation;
648	2.(b)  The proportionate-share contribution for local and
649	regionally significant traffic impacts is sufficient to pay for
650	one or more required mobility improvements that will benefit a
651	regionally significant transportation facility;
652	3.(c)  The owner and developer of the development of
653	regional impact pays or assures payment of the proportionate-
654	share contribution; and
655	4.(d)  If the regionally significant transportation
656	facility to be constructed or improved is under the maintenance
657	authority of a governmental entity, as defined by s. 334.03(12),
658	other than the local government with jurisdiction over the
659	development of regional impact, the developer is required to
660	enter into a binding and legally enforceable commitment to
661	transfer funds to the governmental entity having maintenance
662	authority or to otherwise assure construction or improvement of
663	the facility.
664	(b)  The proportionate-share contribution may be applied to
665	any transportation facility to satisfy the provisions of this
666	subsection and the local comprehensive plan, but, for the
667	purposes of this subsection, the amount of the proportionate-
668	share contribution shall be calculated based upon the cumulative
669	number of trips from the proposed development expected to reach
670	roadways during the peak hour from the complete buildout of a
671	stage or phase being approved, divided by the change in the peak
672	hour maximum service volume of roadways resulting from
673	construction of an improvement necessary to maintain the adopted
674	level of service, multiplied by the construction cost, at the
675	time of developer payment, of the improvement necessary to
676	maintain the adopted level of service. For purposes of this
677	subsection, "construction cost" includes all associated costs of
678	the improvement. Proportionate-share mitigation shall be limited
679	to ensure that a development of regional impact meeting the
680	requirements of this subsection mitigates its impact on the
681	transportation system but is not responsible for the additional
682	cost of reducing or eliminating backlogs. This subsection also
683	applies to Florida Quality Developments pursuant to s. 380.061
684	and to detailed specific area plans implementing optional sector
685	plans pursuant to s. 163.3245.
686	(c)  For purposes of this section, the term "backlogged
687	transportation facility" means a facility on which the adopted
688	level of service standard is exceeded by the existing trips plus
689	committed trips. A developer may not be required to fund or
690	construct proportionate share mitigation for any backlogged
691	transportation facility that is more extensive than mitigation
692	necessary to offset the impact of the development project in
693	question.
694	(d)  If the cumulative number of trips used in the formula
695	include the earlier stage or phase trips, calculation of the
696	proposed development's future mitigation costs shall account for
697	any previous stage or phase mitigation payments required by the
698	development order and provided by the developer. At the time the
699	later stage or phase calculations are made, previous mitigation
700	payments shall be calculated in present day dollars. To the
701	extent that previous mitigation included the donation of land or
702	developer constructed improvement, for purposes of this
703	subsection, the term "present day dollars" means the fair market
704	value of the right-of-way at the time of donation, or the actual
705	dollar value of the construction improvements at the date of
706	completion adjusted by the Consumer Price Index.
707	(15)
708	(f)  The state land planning agency may designate up to
709	five local governments as Urban Placemaking Initiative Pilot
710	Projects. The purpose of the pilot project program is to assist
711	local communities with redevelopment of primarily single-use
712	suburban areas that surround strategic corridors and crossroads,
713	to create livable, sustainable communities with a sense of
714	place. Pilot communities must have a county population of at
715	least 350,000, be able to demonstrate an ability to administer
716	the pilot project, and have appropriate potential redevelopment
717	areas suitable for the pilot project. Recognizing that both the
718	form of existing development patterns and strict application of
719	transportation concurrency requirements create obstacles to such
720	redevelopment, the pilot project program shall further the
721	ability of such communities to cultivate mixed-use and form-
722	based communities that integrate all modes of transportation.
723	The pilot project program shall provide an alternative
724	regulatory framework that allows for the creation of a
725	multimodal concurrency district that over the planning time
726	period allows pilot project communities to incrementally realize
727	the goals of the redevelopment area by guiding redevelopment of
728	parcels and cultivating multimodal development in targeted
729	transitional suburban areas. The Department of Transportation
730	shall provide technical support to the state land planning
731	agency and the department and the agency shall provide technical
732	assistance to the local governments in the implementation of the
733	pilot projects.
734	1.  Each pilot project community shall designate the
735	criteria for designation of urban placemaking redevelopment
736	areas in the future land use element of their comprehensive
737	plan. Such redevelopment areas must be within an adopted urban
738	service boundary or functional equivalent. Each pilot project
739	community shall also adopt comprehensive plan amendments that
740	set forth criteria for development of the urban placemaking
741	areas that contain land use and transportation strategies,
742	including, but not limited to, the community design elements set
743	forth in paragraph (c). A pilot project community shall
744	undertake a process of public engagement to coordinate community
745	vision, citizen interest, and development goals for developments
746	within the urban placemaking redevelopment areas.
747	2.  Each pilot project community may assign transportation
748	concurrency or trip generation credits and impact fee exemptions
749	or reductions and establish concurrency exceptions for
750	developments that meet the adopted comprehensive plan criteria
751	for urban placemaking redevelopment areas. The provisions of
752	paragraph (15)(c) apply to designated urban placemaking
753	redevelopment areas.
754	3.  The state land planning agency shall submit a report by
755	March 1, 2011, to the Governor, the President of the Senate, and
756	the Speaker of the House of Representatives on the status of
757	each approved pilot project. The report must identify factors
758	that indicate whether or not the pilot project program has
759	demonstrated any success in urban placemaking and redevelopment
760	initiatives and whether the pilot project should be expanded for
761	use by other local governments.
762	(16)  FAIR-SHARE MITIGATION.--It is the intent of the
763	Legislature to provide a method by which the impacts of
764	development on transportation facilities can be mitigated by the
765	cooperative efforts of the public and private sectors. The
766	methodology used to calculate proportionate fair-share
767	mitigation under this section shall be as provided for in
768	subsection (12) or a vehicle-miles-traveled or people-miles-
769	traveled methodology or an alternative methodology, identified
770	by the local government ordinance provided for in paragraph (a),
771	that ensures that development impacts on transportation
772	facilities are mitigated but that future development is not
773	responsible for the additional cost of reducing or eliminating
774	backlogs.
775	(a)  By December 1, 2006, Each local government shall adopt
776	by ordinance a methodology for assessing proportionate fair-
777	share mitigation options. By December 1, 2005, the Department of
778	Transportation shall develop a model transportation concurrency
779	management ordinance with methodologies for assessing
780	proportionate fair-share mitigation options.
781	(b)1.  In its transportation concurrency management system,
782	a local government shall, by December 1, 2006, include
783	methodologies that will be applied to calculate proportionate
784	fair-share mitigation or a vehicle-miles-traveled or people-
785	miles-traveled methodology or an alternative methodology,
786	identified by the local government ordinance provided for in
787	paragraph (a). A developer may choose to satisfy all
788	transportation concurrency requirements by contributing or
789	paying proportionate fair-share mitigation if transportation
790	facilities or facility segments identified as mitigation for
791	traffic impacts are specifically identified for funding in the
792	5-year schedule of capital improvements in the capital
793	improvements element of the local plan or the long-term
794	concurrency management system or if such contributions or
795	payments to such facilities or segments are reflected in the 5-
796	year schedule of capital improvements in the next regularly
797	scheduled update of the capital improvements element. Updates to
798	the 5-year capital improvements element which reflect
799	proportionate fair-share contributions may not be found not in
800	compliance based on ss. 163.3164(32) and 163.3177(3) if
801	additional contributions, payments or funding sources are
802	reasonably anticipated during a period not to exceed 10 years to
803	fully mitigate impacts on the transportation facilities.
804	2.  Proportionate fair-share mitigation shall be applied as
805	a credit against impact fees to the extent that all or a portion
806	of the proportionate fair-share mitigation is used to address
807	the same capital infrastructure improvements contemplated by the
808	local government's impact fee ordinance.
809	(c)  Proportionate fair-share mitigation includes, without
810	limitation, separately or collectively, private funds,
811	contributions of land, and construction and contribution of
812	facilities and may include public funds as determined by the
813	local government. Proportionate fair-share mitigation may be
814	directed toward one or more specific transportation improvements
815	reasonably related to the mobility demands created by the
816	development and such improvements may address one or more modes
817	of travel. The fair market value of the proportionate fair-share
818	mitigation shall not differ based on the form of mitigation. A
819	local government may not require a development to pay more than
820	its proportionate fair-share contribution regardless of the
821	method of mitigation. Proportionate fair-share mitigation shall
822	be limited to ensure that a development meeting the requirements
823	of this section mitigates its impact on the transportation
824	system but is not responsible for the additional cost of
825	reducing or eliminating backlogs. For purposes of this section,
826	the term "backlogged transportation facility" means a facility
827	on which the adopted level-of-service standard is exceeded by
828	the existing trips plus committed trips. A developer may not be
829	required to fund or construct proportionate share mitigation for
830	any backlogged transportation facility that is more extensive
831	than mitigation necessary to offset the impact of the
832	development project being in question.
833	(d)  This subsection does not require a local government to
834	approve a development that is not otherwise qualified for
835	approval pursuant to the applicable local comprehensive plan and
836	land development regulations.
837	(e)  Mitigation for development impacts to facilities on
838	the Strategic Intermodal System made pursuant to this subsection
839	requires the concurrence of the Department of Transportation.
840	(f)  If the funds in an adopted 5-year capital improvements
841	element are insufficient to fully fund construction of a
842	transportation improvement required by the local government's
843	concurrency management system, a local government and a
844	developer may still enter into a binding proportionate-share
845	agreement authorizing the developer to construct that amount of
846	development on which the proportionate share is calculated if
847	the proportionate-share amount in such agreement is sufficient
848	to pay for one or more improvements which will, in the opinion
849	of the governmental entity or entities maintaining the
850	transportation facilities, significantly benefit the impacted
851	transportation system. The improvements funded by the
852	proportionate-share component must be adopted into the 5-year
853	capital improvements schedule of the comprehensive plan at the
854	next annual capital improvements element update. The funding of
855	any improvements that significantly benefit the impacted
856	transportation system satisfies concurrency requirements as a
857	mitigation of the development's impact upon the overall
858	transportation system even if there remains a failure of
859	concurrency on other impacted facilities.
860	(g)  Except as provided in subparagraph (b)1., this section
861	may not prohibit the state land planning agency Department of
862	Community Affairs from finding other portions of the capital
863	improvements element amendments not in compliance as provided in
864	this chapter.
865	(h)  The provisions of this subsection do not apply to a
866	development of regional impact satisfying the requirements of
867	subsection (12).
868	Section 4.  (1)  The Legislature finds that the existing
869	transportation concurrency system has not adequately addressed
870	the state's transportation needs in an effective, predictable,
871	and equitable manner and is not producing a sustainable
872	transportation system for the state. The current system is
873	complex, lacks uniformity among jurisdictions, is too focused on
874	roadways to the detriment of desired land use patterns and
875	transportation alternatives, and frequently prevents the
876	attainment of important growth management goals. The state,
877	therefore, should consider a different transportation
878	concurrency approach that uses a mobility fee based on vehicle-
879	miles or people-miles traveled. The mobility fee shall be
880	designed to provide for mobility needs, ensure that development
881	provides mitigation for its impacts on the transportation
882	system, and promote compact, mixed-use, and energy efficient
883	development. The mobility fee shall be used to fund improvements
884	to the transportation system.
885	(2)  The Legislative Committee on Intergovernmental
886	Relations shall study and develop a methodology for a mobility
887	fee system. The committee shall contract with a qualified
888	transportation engineering firm or with a state university for
889	the purpose of studying and developing a uniform mobility fee
890	for statewide application to replace the existing transportation
891	concurrency management systems adopted and implemented by local
892	governments.
893	(a)  To assist the committee in its study, a mobility fee
894	pilot program shall be authorized in Duval County, St. Johns
895	County, and Clay County and the municipalities in such counties.
896	The committee shall coordinate with participating local
897	governments to implement a mobility fee on a more than single
898	jurisdiction basis. The local governments shall work with the
899	committee to provide practical, field-tested experience in
900	implementing this new approach to transportation concurrency,
901	transportation impact fees, and proportionate share mitigation.
902	The committee shall make every effort to implement the pilot
903	program no later than October 1, 2008. Data from the pilot
904	program shall be provided to the committee and the contracted
905	entity for review and consideration.
906	(b)  No later than December 1, 2008, the committee shall
907	provide an interim report to the President of the Senate and the
908	Speaker of the House of Representatives reporting the status of
909	the mobility fee study. The interim report shall discuss
910	progress in the development of the fee, identify issues for
911	which additional legislative guidance is needed, and recommend
912	any interim measures that may need to be addressed to improve
913	the current transportation concurrency system that could be
914	taken prior to the final report in 2010.
915	(c)  On or before November 15, 2009, the committee shall
916	provide to the President of the senate and the Speaker of the
917	House of Representatives a final report and recommendations
918	regarding the methodology, application, and implementation of a
919	mobility fee.
920	(3)  The study and mobility fees levied pursuant to the
921	pilot program shall focus on and the fee shall apply to:
922	(a)  The amount, distribution, and timing of vehicle-miles
923	and people-miles traveled applying professionally accepted
924	standards and practices in the disciplines of land use and
925	transportation planning and the requirements of constitutional
926	and statutory law.
927	(b)  The development of an equitable mobility fee that
928	provides funding for future mobility needs whereby new
929	development mitigates in approximate proportionality for its
930	impacts on the transportation system yet is not delayed or held
931	accountable for system backlogs or failures that are not
932	directly attributable to the proposed development.
933	(c)  The replacement of transportation feasibility
934	obligations, proportionate fair share contributions, and locally
935	adopted transportation impact fees with the mobility fee such
936	that a single transportation fee, whether or not based on number
937	of trips or vehicle-miles traveled, may be applied uniformly on
938	a statewide basis.
939	(d)  The ability for developer contributions of land for
940	right-of-way or developer funded improvements to the
941	transportation network to be recognized as credits against the
942	mobility fee through mutually acceptable agreements reached with
943	the impacted jurisdictions.
944	(e)  An equitable methodology for distribution of mobility
945	fee proceeds among those jurisdictions responsible for
946	construction and maintenance of the impacted facilities such
947	that 100 percent of the collected mobility fees are used for
948	improvements to the overall transportation network of the
949	impacted jurisdictions.
950	Section 5.  Subsection (5) is added to section 163.31801,
951	Florida Statutes, to read:
952	163.31801  Impact fees; short title; intent; definitions;
953	ordinances levying impact fees.--
954	(5)  In any action challenging the validity of an impact
955	fee, the local government imposing the fee shall have the burden
956	of proving the validity of the impact fee by a preponderance of
957	the evidence.
958	Section 6.  Section 7.  Subsections (3) and (4), paragraphs
959	(a) and (d) of subsection (6), paragraph (a) of subsection (7),
960	and paragraphs (b) and (c) of subsection (15) of section
961	163.3184, Florida Statutes, are amended, and subsections (20)
962	and (21) are added to that section, to read:
963	163.3184  Process for adoption of comprehensive plan or
964	plan amendment.--
965	(3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
966	AMENDMENT.--
967	(a)  Effective January 1, 2009, prior to filing an
968	application for a future land use map amendment, an applicant
969	must conduct a neighborhood meeting to present, discuss, and
970	solicit public comment on a proposed amendment. The meeting
971	shall be conducted at least 30 and no more than 60 days before
972	the application for the amendment is filed with the local
973	government. At a minimum, the meeting shall be noticed and
974	conducted in accordance with the following:
975	1.  Notification must be mailed at least 10 but no more
976	than 14 days prior to the meeting to all persons who own
977	property within 500 feet of the property subject to the proposed
978	amendment as such information is maintained by the county tax
979	assessor, which list shall conclusively establish the required
980	recipients.
981	2.  Notice must be published in accordance with s.
982	125.66(4)(b)2. or s. 166.041(3)(c)2.b.
983	3.  Notice must be posted on the jurisdiction's web page,
984	if available.
985	4.  Notice must be mailed to the list of home owner or
986	condominium associations maintained by the jurisdiction, if any.
987	5.  The meeting must be conducted at an accessible and
988	convenient location.
989	6.  A sign-in list of all attendees must be maintained.
990	This paragraph applies to applications for a map amendment filed
991	after January 1, 2009.
992	(b)  At least 15 but no more than 45 days before the local
993	governing body's scheduled adoption hearing, the applicant shall
994	conduct a second noticed community or neighborhood meeting to
995	present and discuss the map amendment application, including any
996	changes made to the proposed amendment after the first community
997	or neighborhood meeting. Direct mail notice at least 10 but no
998	more than 14 days prior to the meeting shall only be required
999	for those who signed in at the preapplication meeting and those
1000	whose names are on the sign-in sheet from the transmittal
1001	hearing pursuant to s. 163.3184(15)(c); otherwise, notice shall
1002	be by newspaper advertisement in accordance with s.
1003	125.66(4)(b)2. and s. 166.041(3)(c)2.b. Prior to the adoption
1004	hearing, the applicant shall file with the local government a
1005	written certification or verification that the second meeting
1006	has been noticed and conducted in accordance with this
1007	paragraph. This paragraph applies to applications for a map
1008	amendment filed after January 1, 2009.
1009	(c)  The neighborhood meetings required in this subsection
1010	shall not apply to small scale amendments as described in s.
1011	163.3187 unless a local government, by ordinance, adopts a
1012	procedure for holding a neighborhood meeting as part of the
1013	small scale amendment process. In no event shall more than one
1014	such meeting be required.
1015	(d)(a)  Each local governing body shall transmit the
1016	complete proposed comprehensive plan or plan amendment to the
1017	state land planning agency, the appropriate regional planning
1018	council and water management district, the Department of
1019	Environmental Protection, the Department of State, and the
1020	Department of Transportation, and, in the case of municipal
1021	plans, to the appropriate county, and, in the case of county
1022	plans, to the Fish and Wildlife Conservation Commission and the
1023	Department of Agriculture and Consumer Services, immediately
1024	following a public hearing pursuant to subsection (15) as
1025	specified in the state land planning agency's procedural rules.
1026	The local governing body shall also transmit a copy of the
1027	complete proposed comprehensive plan or plan amendment to any
1028	other unit of local government or government agency in the state
1029	that has filed a written request with the governing body for the
1030	plan or plan amendment. The local government may request a
1031	review by the state land planning agency pursuant to subsection
1032	(6) at the time of the transmittal of an amendment.
1033	(e)(b)  A local governing body shall not transmit portions
1034	of a plan or plan amendment unless it has previously provided to
1035	all state agencies designated by the state land planning agency
1036	a complete copy of its adopted comprehensive plan pursuant to
1037	subsection (7) and as specified in the agency's procedural
1038	rules. In the case of comprehensive plan amendments, the local
1039	governing body shall transmit to the state land planning agency,
1040	the appropriate regional planning council and water management
1041	district, the Department of Environmental Protection, the
1042	Department of State, and the Department of Transportation, and,
1043	in the case of municipal plans, to the appropriate county and,
1044	in the case of county plans, to the Fish and Wildlife
1045	Conservation Commission and the Department of Agriculture and
1046	Consumer Services the materials specified in the state land
1047	planning agency's procedural rules and, in cases in which the
1048	plan amendment is a result of an evaluation and appraisal report
1049	adopted pursuant to s. 163.3191, a copy of the evaluation and
1050	appraisal report. Local governing bodies shall consolidate all
1051	proposed plan amendments into a single submission for each of
1052	the two plan amendment adoption dates during the calendar year
1053	pursuant to s. 163.3187.
1054	(f)(c)  A local government may adopt a proposed plan
1055	amendment previously transmitted pursuant to this subsection,
1056	unless review is requested or otherwise initiated pursuant to
1057	subsection (6).
1058	(g)(d)  In cases in which a local government transmits
1059	multiple individual amendments that can be clearly and legally
1060	separated and distinguished for the purpose of determining
1061	whether to review the proposed amendment, and the state land
1062	planning agency elects to review several or a portion of the
1063	amendments and the local government chooses to immediately adopt
1064	the remaining amendments not reviewed, the amendments
1065	immediately adopted and any reviewed amendments that the local
1066	government subsequently adopts together constitute one amendment
1067	cycle in accordance with s. 163.3187(1).
1068	(4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
1069	specified in paragraph (3)(a) shall provide comments to the
1070	state land planning agency within 30 days after receipt by the
1071	state land planning agency of the complete proposed plan
1072	amendment. If the plan or plan amendment includes or relates to
1073	the public school facilities element pursuant to s.
1074	163.3177(12), the state land planning agency shall submit a copy
1075	to the Office of Educational Facilities of the Commissioner of
1076	Education for review and comment. The appropriate regional
1077	planning council shall also provide its written comments to the
1078	state land planning agency within 45 30 days after receipt by
1079	the state land planning agency of the complete proposed plan
1080	amendment and shall specify any objections, recommendations for
1081	modifications, and comments of any other regional agencies to
1082	which the regional planning council may have referred the
1083	proposed plan amendment. Written comments submitted by the
1084	public within 45 30 days after notice of transmittal by the
1085	local government of the proposed plan amendment will be
1086	considered as if submitted by governmental agencies. All written
1087	agency and public comments must be made part of the file
1088	maintained under subsection (2).
1089	(6)  STATE LAND PLANNING AGENCY REVIEW.--
1090	(a)  The state land planning agency shall review a proposed
1091	plan amendment upon request of a regional planning council,
1092	affected person, or local government transmitting the plan
1093	amendment. The request from the regional planning council or
1094	affected person must be received within 45 30 days after
1095	transmittal of the proposed plan amendment pursuant to
1096	subsection (3). A regional planning council or affected person
1097	requesting a review shall do so by submitting a written request
1098	to the agency with a notice of the request to the local
1099	government and any other person who has requested notice.
1100	(d)  The state land planning agency review shall identify
1101	all written communications with the agency regarding the
1102	proposed plan amendment. If the state land planning agency does
1103	not issue such a review, it shall identify in writing to the
1104	local government all written communications received 45 30 days
1105	after transmittal. The written identification must include a
1106	list of all documents received or generated by the agency, which
1107	list must be of sufficient specificity to enable the documents
1108	to be identified and copies requested, if desired, and the name
1109	of the person to be contacted to request copies of any
1110	identified document. The list of documents must be made a part
1111	of the public records of the state land planning agency.
1112	(7)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
1113	OR AMENDMENTS AND TRANSMITTAL.--
1114	(a)  The local government shall review the written comments
1115	submitted to it by the state land planning agency, and any other
1116	person, agency, or government. Any comments, recommendations, or
1117	objections and any reply to them are shall be public documents,
1118	a part of the permanent record in the matter, and admissible in
1119	any proceeding in which the comprehensive plan or plan amendment
1120	may be at issue. The local government, upon receipt of written
1121	comments from the state land planning agency, shall have 120
1122	days to adopt or adopt with changes the proposed comprehensive
1123	plan or s. 163.3191 plan amendments. In the case of
1124	comprehensive plan amendments other than those proposed pursuant
1125	to s. 163.3191, the local government shall have 60 days to adopt
1126	the amendment, adopt the amendment with changes, or determine
1127	that it will not adopt the amendment. The adoption of the
1128	proposed plan or plan amendment or the determination not to
1129	adopt a plan amendment, other than a plan amendment proposed
1130	pursuant to s. 163.3191, shall be made in the course of a public
1131	hearing pursuant to subsection (15). The local government shall
1132	transmit the complete adopted comprehensive plan or plan
1133	amendment, including the names and addresses of persons compiled
1134	pursuant to paragraph (15)(c), to the state land planning agency
1135	as specified in the agency's procedural rules within 10 working
1136	days after adoption. The local governing body shall also
1137	transmit a copy of the adopted comprehensive plan or plan
1138	amendment to the regional planning agency and to any other unit
1139	of local government or governmental agency in the state that has
1140	filed a written request with the governing body for a copy of
1141	the plan or plan amendment.
1142	(15)  PUBLIC HEARINGS.--
1143	(b)  The local governing body shall hold at least two
1144	advertised public hearings on the proposed comprehensive plan or
1145	plan amendment as follows:
1146	1.  The first public hearing shall be held at the
1147	transmittal stage pursuant to subsection (3). It shall be held
1148	on a weekday at least 7 days after the day that the first
1149	advertisement is published.
1150	2.  The second public hearing shall be held at the adoption
1151	stage pursuant to subsection (7). It shall be held on a weekday
1152	at least 5 days after the day that the second advertisement is
1153	published. The comprehensive plan or plan amendment to be
1154	considered for adoption must be available to the public at least
1155	5 days before the hearing, including through the local
1156	government's website if one is maintained. The proposed
1157	comprehensive plan amendment may not be altered during the 5
1158	days prior to the hearing if the alteration increases the
1159	permissible density, intensity, or height or decreases the
1160	minimum buffers, setbacks, or open space. If the amendment is
1161	altered in such manner during this time period or at the public
1162	hearing, the public hearing shall be continued to the next
1163	meeting of the local governing body. As part of the adoption
1164	package, the local government shall certify in writing to the
1165	state land planning agency that the local government has
1166	complied with this subsection.
1167	(c)  The local government shall provide a sign-in form at
1168	the transmittal hearing and at the adoption hearing for persons
1169	to provide their names and mailing and electronic addresses. The
1170	sign-in form must advise that any person providing the requested
1171	information will receive a courtesy informational statement
1172	concerning publications of the state land planning agency's
1173	notice of intent. The local government shall add to the sign-in
1174	form the name and address of any person who submits written
1175	comments concerning the proposed plan or plan amendment during
1176	the time period between the commencement of the transmittal
1177	hearing and the end of the adoption hearing. It is the
1178	responsibility of the person completing the form or providing
1179	written comments to accurately, completely, and legibly provide
1180	all information needed in order to receive the courtesy
1181	informational statement.
1182	(20)  PLAN AMENDMENTS IN RURAL AREAS OF CRITICAL ECONOMIC
1183	CONCERN.--
1184	(a)  A local government that is located in a rural area of
1185	critical economic concern designated pursuant to s. 288.0656(7)
1186	may request the Rural Economic Development Initiative to provide
1187	assistance in the preparation of plan amendments that will
1188	further economic activity consistent with the purpose of s.
1189	288.0656.
1190	(b)  A plan map amendment related solely to property within
1191	a site selected for a designated catalyst project pursuant to s.
1192	288.0656(7)(c) and that receives Rural Economic Development
1193	Initiative assistance pursuant to s. 288.0656(8) shall be deemed
1194	a small scale amendment, is subject only to the requirements of
1195	s. 163.3187(1)(c)2. and 3., is not subject to the requirements
1196	of s. 163.3184(3)-(11), and is exempt from s. 163.3187(1)(c)1.
1197	and from the limitation on the frequency of plan amendments as
1198	provided in s. 163.3187. An affected person as defined in s.
1199	163.3184 may file a petition for administrative review pursuant
1200	to s. 163.3187(3) to challenge the compliance of an adopted plan
1201	amendment.
1202	(21)  RURAL ECONOMIC DEVELOPMENT CENTERS.--
1203	(a)  The Legislature recognizes and finds that:
1204	1.  There are a number of facilities throughout the state
1205	that process, produce, or aid in the production or distribution
1206	of a variety of agriculturally based products, such as fruits,
1207	vegetables, timber, and other crops, as well as juices, paper,
1208	and building materials. These agricultural industrial facilities
1209	often have a significant amount of existing associated
1210	infrastructure that is used for the processing, production, or
1211	distribution of agricultural products.
1212	2.  Such rural centers of economic development often are
1213	located within or near communities in which the economy is
1214	largely dependent upon agriculture and agriculturally based
1215	products. These rural centers of economic development
1216	significantly enhance the economy of such communities. However,
1217	such agriculturally based communities often are
1218	socioeconomically challenged and many such communities have been
1219	designated as rural areas of critical economic concern.
1220	3.  If these rural centers of economic development are lost
1221	and not replaced with other job-creating enterprises, these
1222	communities will lose a substantial amount of their economies.
1223	The economies and employment bases of such communities should be
1224	diversified in order to protect against changes in national and
1225	international agricultural markets, land use patterns, weather,
1226	pests, or diseases or other events that could result in existing
1227	facilities within rural centers of economic development being
1228	permanently closed or temporarily shut down, ultimately
1229	resulting in an economic crisis for these communities.
1230	4.  It is a compelling state interest to preserve the
1231	viability of agriculture in this state and to protect rural and
1232	agricultural communities and the state from the economic
1233	upheaval that could result from short-term or long-term adverse
1234	changes in the agricultural economy. An essential part of
1235	protecting such communities while protecting viable agriculture
1236	for the long term is to encourage diversification of the
1237	employment base within rural centers of economic development for
1238	the purpose of providing jobs that are not solely dependent upon
1239	agricultural operations and to encourage the creation and
1240	expansion of industries that use agricultural products in
1241	innovative or new ways.
1242	(b)  For purposes of this subsection, the term "rural
1243	center of economic development" means a developed parcel or
1244	parcels of land in an unincorporated area:
1245	1.  On which there exists an operating facility or
1246	facilities, which employ at least 200 full-time employees, in
1247	the aggregate, used for processing and preparing for transport a
1248	farm product as defined in s. 163.3162 or any biomass material
1249	that could be used, directly or indirectly, for the production
1250	of fuel, renewable energy, bioenergy, or alternative fuel as
1251	defined by state law.
1252	2.  Including all contiguous lands at the site which are
1253	not used for cultivation of crops, but are still associated with
1254	the operation of such a facility or facilities.
1255	3.  Located within rural areas of critical economic concern
1256	or located in a county any portion of which has been designated
1257	as an area of critical economic concern as of January 1, 2008.
1258	(c)  Landowners within a rural center of economic
1259	development may apply for an amendment to the local government
1260	comprehensive plan for the purpose of expanding the industrial
1261	uses or facilities associated with the center or expanding the
1262	existing center to include industrial uses or facilities that
1263	are not dependent upon agriculture but that would diversify the
1264	local economy. An application for a comprehensive plan amendment
1265	under this paragraph may not increase the physical area of the
1266	rural center of economic development by more than 50 percent of
1267	the existing area unless the applicant demonstrates that
1268	infrastructure capacity exists or can be provided to support the
1269	improvements as required by the applicable sections of this
1270	chapter. Any single application may not increase the physical
1271	area of the existing rural center of economic development by
1272	more than 200 percent or 320 acres, whichever is less. Such
1273	amendment must propose projects that would create, upon
1274	completion, at least 50 new full-time jobs, and an applicant is
1275	encouraged to propose projects that would promote and further
1276	economic activity in the area consistent with the purpose of s.
1277	288.0656. Such amendment is presumed to be consistent with rule
1278	9J-5.006(5), Florida Administrative Code, and may include land
1279	uses and intensities of use consistent and compatible with the
1280	uses and intensities of use of the rural center of economic
1281	development. Such presumption may be rebutted by clear and
1282	convincing evidence.
1283	Section 7.  Section 163.3245, Florida Statutes, is amended
1284	to read:
1285	163.3245  Optional sector plans.--
1286	(1)  In recognition of the benefits of large-scale
1287	conceptual long-range planning for the buildout of an area, and
1288	detailed planning for specific areas, as a demonstration
1289	project, the requirements of s. 380.06 may be addressed as
1290	identified by this section for up to five local governments or
1291	combinations of local governments may which adopt into the
1292	comprehensive plan an optional sector plan in accordance with
1293	this section. This section is intended to further the intent of
1294	s. 163.3177(11), which supports innovative and flexible planning
1295	and development strategies, and the purposes of this part, and
1296	part I of chapter 380, and to avoid duplication of effort in
1297	terms of the level of data and analysis required for a
1298	development of regional impact, while ensuring the adequate
1299	mitigation of impacts to applicable regional resources and
1300	facilities, including those within the jurisdiction of other
1301	local governments, as would otherwise be provided. Optional
1302	sector plans are intended for substantial geographic areas that
1303	include including at least 10,000 contiguous 5,000 acres of one
1304	or more local governmental jurisdictions and are to emphasize
1305	urban form and protection of regionally significant resources
1306	and facilities. The state land planning agency may approve
1307	optional sector plans of less than 10,000 contiguous 5,000 acres
1308	based on local circumstances if it is determined that the plan
1309	would further the purposes of this part and part I of chapter
1310	380. Preparation of an optional sector plan is authorized by
1311	agreement between the state land planning agency and the
1312	applicable local governments under s. 163.3171(4). An optional
1313	sector plan may be adopted through one or more comprehensive
1314	plan amendments under s. 163.3184. However, an optional sector
1315	plan may not be authorized in an area of critical state concern.
1316	(2)  The state land planning agency may enter into an
1317	agreement to authorize preparation of an optional sector plan
1318	upon the request of one or more local governments based on
1319	consideration of problems and opportunities presented by
1320	existing development trends; the effectiveness of current
1321	comprehensive plan provisions; the potential to further the
1322	state comprehensive plan, applicable strategic regional policy
1323	plans, this part, and part I of chapter 380; and those factors
1324	identified by s. 163.3177(10)(i). The applicable regional
1325	planning council shall conduct a scoping meeting with affected
1326	local governments and those agencies identified in s.
1327	163.3184(4) before the local governments may consider the sector
1328	plan amendments for transmittal execution of the agreement
1329	authorized by this section. The purpose of this meeting is to
1330	assist the state land planning agency and the local government
1331	in the identification of the relevant planning issues to be
1332	addressed and the data and resources available to assist in the
1333	preparation of the subsequent plan amendments. The regional
1334	planning council shall make written recommendations to the state
1335	land planning agency and affected local governments regarding,
1336	including whether a sustainable sector plan would be
1337	appropriate. The agreement must define the geographic area to be
1338	subject to the sector plan, the planning issues that will be
1339	emphasized, requirements for intergovernmental coordination to
1340	address extrajurisdictional impacts, supporting application
1341	materials including data and analysis, and procedures for public
1342	participation. An agreement may address previously adopted
1343	sector plans that are consistent with the standards in this
1344	section. Before executing an agreement under this subsection,
1345	the local government shall hold a duly noticed public workshop
1346	to review and explain to the public the optional sector planning
1347	process and the terms and conditions of the proposed agreement.
1348	The local government shall hold a duly noticed public hearing to
1349	execute the agreement. The scoping All meetings shall between
1350	the department and the local government must be open to the
1351	public.
1352	(3)  Optional sector planning encompasses two levels:
1353	adoption under s. 163.3184 of a conceptual long-term buildout
1354	plan as part of overlay to the comprehensive plan, having no
1355	immediate effect on the issuance of development orders or the
1356	applicability of s. 380.06, and adoption under s. 163.3184 of
1357	detailed specific area plans that implement the conceptual long-
1358	term buildout plan overlay and authorize issuance of development
1359	orders, and within which s. 380.06 is waived. Until such time as
1360	a detailed specific area plan is adopted, the underlying future
1361	land use designations apply.
1362	(a)  In addition to the other requirements of this chapter,
1363	a conceptual long-term buildout plan adopted pursuant to s.
1364	163.3184 overlay must include maps and text supported by data
1365	and analysis to address the following:
1366	1.  A long-range conceptual framework map that at a minimum
1367	identifies the minimum and maximum amounts, densities,
1368	intensities, and types of allowable development at buildout and
1369	generally depicts anticipated areas of urban, agricultural,
1370	rural, and conservation land use.
1371	2.  A general identification of regionally significant
1372	public facilities consistent with chapter 9J-2, Florida
1373	Administrative Code, irrespective of local governmental
1374	jurisdiction necessary to support buildout of the anticipated
1375	future land uses and policies setting forth the procedures that
1376	will be used to address and mitigate these impacts as part of
1377	the adoption of detailed specific area plans.
1378	3.  A general identification of regionally significant
1379	natural resources and policies ensuring the protection and
1380	conservation of these resources consistent with chapter 9J-2,
1381	Florida Administrative Code.
1382	4.  Principles and guidelines that address the urban form
1383	and interrelationships of anticipated future land uses, and a
1384	discussion, at the applicant's option, of the extent, if any, to
1385	which the plan will address restoring key ecosystems, achieving
1386	a more clean, healthy environment, limiting urban sprawl within
1387	a sector plan and surrounding areas, providing affordable and
1388	workforce housing, promoting energy efficient land use patterns,
1389	protecting wildlife and natural areas, advancing the efficient
1390	use of land and other resources, and creating quality
1391	communities and jobs.
1392	5.  Identification of general procedures to ensure
1393	intergovernmental coordination to address extrajurisdictional
1394	impacts from the long-range conceptual framework map.
1395	(b)  In addition to the other requirements of this chapter,
1396	including those in paragraph (a), the detailed specific area
1397	plans must include:
1398	1.  An area of adequate size to accommodate a level of
1399	development which achieves a functional relationship between a
1400	full range of land uses within the area and to encompass at
1401	least 1,000 acres. The state land planning agency may approve
1402	detailed specific area plans of less than 1,000 acres based on
1403	local circumstances if it is determined that the plan furthers
1404	the purposes of this part and part I of chapter 380.
1405	2.  Detailed identification and analysis of the minimum and
1406	maximum amounts, densities, intensities, distribution, extent,
1407	and location of future land uses.
1408	3.  Detailed identification of regionally significant
1409	public facilities, including public facilities outside the
1410	jurisdiction of the host local government, anticipated impacts
1411	of future land uses on those facilities, and required
1412	improvements consistent with the policies accompanying the plan
1413	and, for transportation, with Rule 9J-2.145 chapter 9J-2,
1414	Florida Administrative Code.
1415	4.  Public facilities necessary for the short term,
1416	including developer contributions in a financially feasible 5-
1417	year capital improvement schedule of the affected local
1418	government.
1419	5.  Detailed analysis and identification of specific
1420	measures to ensure assure the protection of regionally
1421	significant natural resources and other important resources both
1422	within and outside the host jurisdiction, including those
1423	regionally significant resources identified in chapter 9J-2,
1424	Florida Administrative Code.
1425	6.  Principles and guidelines that address the urban form
1426	and interrelationships of anticipated future land uses, and a
1427	discussion, at the applicant's option, of the extent, if any, to
1428	which the plan will address restoring key ecosystems, achieving
1429	a more clean, healthy environment, limiting urban sprawl,
1430	providing affordable and workforce housing, promoting energy
1431	efficient land use patterns, protecting wildlife and natural
1432	areas, advancing the efficient use of land and other resources,
1433	and creating quality communities and jobs.
1434	7.  Identification of specific procedures to ensure
1435	intergovernmental coordination to address extrajurisdictional
1436	impacts of the detailed specific area plan.
1437	(c)  This subsection may not be construed to prevent
1438	preparation and approval of the optional sector plan and
1439	detailed specific area plan concurrently or in the same
1440	submission.
1441	(4)  The host local government shall submit a monitoring
1442	report to the state land planning agency and applicable regional
1443	planning council on an annual basis after adoption of a detailed
1444	specific area plan. The annual monitoring report must provide
1445	summarized information on development orders issued, development
1446	that has occurred, public facility improvements made, and public
1447	facility improvements anticipated over the upcoming 5 years.
1448	(4)(5)  When a plan amendment adopting a detailed specific
1449	area plan has become effective under ss. 163.3184 and
1450	163.3189(2), the provisions of s. 380.06 do not apply to
1451	development within the geographic area of the detailed specific
1452	area plan. However, any development-of-regional-impact
1453	development order that is vested from the detailed specific area
1454	plan may be enforced under s. 380.11.
1455	(a)  The local government adopting the detailed specific
1456	area plan is primarily responsible for monitoring and enforcing
1457	the detailed specific area plan. Local governments shall not
1458	issue any permits or approvals or provide any extensions of
1459	services to development that are not consistent with the
1460	detailed sector area plan.
1461	(b)  If the state land planning agency has reason to
1462	believe that a violation of any detailed specific area plan, or
1463	of any agreement entered into under this section, has occurred
1464	or is about to occur, it may institute an administrative or
1465	judicial proceeding to prevent, abate, or control the conditions
1466	or activity creating the violation, using the procedures in s.
1467	380.11.
1468	(c)  Notwithstanding s. 163.3184(1)(b), amendments for a
1469	detailed specific area plan may not be found to be not in
1470	compliance if the amendments are consistent with s. 163.3245 and
1471	the conceptual long-term buildout plan In instituting an
1472	administrative or judicial proceeding involving an optional
1473	sector plan or detailed specific area plan, including a
1474	proceeding pursuant to paragraph (b), the complaining party
1475	shall comply with the requirements of s. 163.3215(4), (5), (6),
1476	and (7).
1477	(6)  Beginning December 1, 1999, and each year thereafter,
1478	the department shall provide a status report to the Legislative
1479	Committee on Intergovernmental Relations regarding each optional
1480	sector plan authorized under this section.
1481	(5)(7)  This section may not be construed to abrogate the
1482	rights of any person under this chapter.
1483	Section 8.  Paragraph (a) of subsection (1), subsection
1484	(2), paragraphs (b) and (c) of subsection (3), paragraph (b) of
1485	subsection (4), paragraphs (b), (c), and (g) of subsection (6)
1486	of section 163.32465, Florida Statutes, are amended to read:
1487	163.32465  State review of local comprehensive plans in
1488	urban areas.--
1489	(1)  LEGISLATIVE FINDINGS.--
1490	(a)  The Legislature finds that local governments in this
1491	state have a wide diversity of resources, conditions, abilities,
1492	and needs. The Legislature also finds that the needs and
1493	resources of urban areas are different from those of rural areas
1494	and that different planning and growth management approaches,
1495	strategies, and techniques are required in urban areas. The
1496	state role in overseeing growth management should reflect this
1497	diversity and should vary based on local government conditions,
1498	capabilities, and needs, and the extent and type of development.
1499	Thus, the Legislature recognizes and finds that reduced state
1500	oversight of local comprehensive planning is justified for some
1501	local governments in urban areas.
1502	(2)  ALTERNATIVE STATE REVIEW PROCESS PILOT
1503	PROGRAM.--Pinellas and Broward Counties, and the municipalities
1504	within these counties, and Jacksonville, Miami, Tampa, and
1505	Hialeah shall follow an alternative state review process
1506	provided in this section. Municipalities within the pilot
1507	counties may elect, by super majority vote of the governing
1508	body, not to participate in the pilot program. In addition, any
1509	local government may elect, by simple majority vote, for the
1510	alternative state review process to apply to future land use map
1511	amendments and associated special area policies within areas
1512	designated in a comprehensive plan for downtown revitalization
1513	pursuant to s. 163.3164, urban redevelopment pursuant to s.
1514	163.3164, urban infill development pursuant to s. 163.3164, or
1515	an urban service area pursuant to s. 163.3180(5)(b)5. At the
1516	public meeting for the election of the alternative process, the
1517	local government shall adopt by ordinance standards for ensuring
1518	compatible uses the local government will consider in evaluating
1519	future land use amendments within such areas. Local governments
1520	shall provide the state land planning agency with notification
1521	as to their election to use the alternative state review
1522	process. The local government's determination to participate in
1523	the pilot program shall be applied to all future amendments.
1524	(3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
1525	UNDER THE PILOT PROGRAM.--
1526	(b)  Amendments that qualify as small-scale development
1527	amendments may continue to be adopted by the pilot program
1528	jurisdictions pursuant to s. 163.3187(1)(c) and (3).
1529	(c)  Plan amendments that propose a rural land stewardship
1530	area pursuant to s. 163.3177(11)(d); propose an optional sector
1531	plan; update a comprehensive plan based on an evaluation and
1532	appraisal report; implement new statutory requirements not
1533	previously incorporated into a comprehensive plan; or new plans
1534	for newly incorporated municipalities are subject to state
1535	review as set forth in s. 163.3184.
1536	(4)  INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
1537	PILOT PROGRAM.--
1538	(b)  The agencies and local governments specified in
1539	paragraph (a) may provide comments regarding the amendment or
1540	amendments to the local government. The regional planning
1541	council review and comment shall be limited to effects on
1542	regional resources or facilities identified in the strategic
1543	regional policy plan and extrajurisdictional impacts that would
1544	be inconsistent with the comprehensive plan of the affected
1545	local government. A regional planning council shall not review
1546	and comment on a proposed comprehensive plan amendment prepared
1547	by such council unless the plan amendment has been changed by
1548	the local government subsequent to the preparation of the plan
1549	amendment by the regional planning council. County comments on
1550	municipal comprehensive plan amendments shall be primarily in
1551	the context of the relationship and effect of the proposed plan
1552	amendments on the county plan. Municipal comments on county plan
1553	amendments shall be primarily in the context of the relationship
1554	and effect of the amendments on the municipal plan. State agency
1555	comments may include technical guidance on issues of agency
1556	jurisdiction as it relates to the requirements of this part.
1557	Such comments shall clearly identify issues that, if not
1558	resolved, may result in an agency challenge to the plan
1559	amendment. For the purposes of this pilot program, agencies are
1560	encouraged to focus potential challenges on issues of regional
1561	or statewide importance. Agencies and local governments must
1562	transmit their comments to the affected local government such
1563	that they are received by the local government not later than
1564	thirty days from the date on which the agency or government
1565	received the amendment or amendments. Any comments from the
1566	agencies and local governments shall also be transmitted to the
1567	state land planning agency.
1568	(6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
1569	PROGRAM.--
1570	(b)  The state land planning agency may file a petition
1571	with the Division of Administrative Hearings pursuant to ss.
1572	120.569 and 120.57, with a copy served on the affected local
1573	government, to request a formal hearing. This petition must be
1574	filed with the Division within 30 days after the state land
1575	planning agency notifies the local government that the plan
1576	amendment package is complete. For purposes of this section, an
1577	amendment shall be deemed complete if it contains a full,
1578	executed copy of the adoption ordinance or ordinances; in the
1579	case of a text amendment, a full copy of the amended language in
1580	legislative format with new words inserted in the text
1581	underlined, and words to be deleted lined through with hyphens;
1582	in the case of a future land use map amendment, a copy of the
1583	future land use map clearly depicting the parcel, its existing
1584	future land use designation, and its adopted designation; and a
1585	copy of any data and analyses the local government deems
1586	appropriate. The state land planning agency shall notify the
1587	local government of any deficiencies within 5 working days of
1588	receipt of an amendment package that the package is complete or
1589	identify any deficiencies regarding completeness.
1590	(c)  The state land planning agency's challenge shall be
1591	limited to those issues raised in the comments provided by the
1592	reviewing agencies pursuant to paragraph (4)(b) that were
1593	clearly identified in the agency comments as an issue that may
1594	result in an agency challenge. The state land planning agency
1595	may challenge a plan amendment that has substantially changed
1596	from the version on which the agencies provided comments. For
1597	the purposes of this pilot program, the Legislature strongly
1598	encourages the state land planning agency to focus any challenge
1599	on issues of regional or statewide importance.
1600	(g)  An amendment adopted under the expedited provisions of
1601	this section shall not become effective until the time period
1602	for filing a challenge under s. 163.32465(6)(a) has expired 31
1603	days after adoption. If timely challenged, an amendment shall
1604	not become effective until the state land planning agency or the
1605	Administration Commission enters a final order determining the
1606	adopted amendment to be in compliance.
1607	Section 9.  Section 163.351, Florida Statutes, is created
1608	to read:
1609	163.351  Reporting requirements for community redevelopment
1610	agencies.--Each community redevelopment agency shall annually:
1611	(1)  By March 31, file with the governing body a report
1612	describing the progress made on each public project in the
1613	redevelopment plan which was funded during the preceding fiscal
1614	year and summarizing activities that, as of the end of the
1615	fiscal year, are planned for the upcoming fiscal year. On the
1616	date that the report is filed, the agency shall publish in a
1617	newspaper of general circulation in the community a notice that
1618	the report has been filed with the county or municipality and is
1619	available for inspection during business hours in the office of
1620	the clerk of the county or municipality and in the office of the
1621	agency.
1622	(2)  Provide the reports or information that a dependent
1623	special district is required to file under chapter 189 to the
1624	Department of Community Affairs.
1625	(3)  Provide the reports or information required under ss.
1626	218.32, 218.38, and 218.39 to the Department of Financial
1627	Services.
1628	Section 10.  Paragraph (c) of subsection (3) of section
1629	163.356, Florida Statutes, is amended to read:
1630	163.356  Creation of community redevelopment agency.--
1631	(3)
1632	(c)  The governing body of the county or municipality shall
1633	designate a chair and vice chair from among the commissioners.
1634	An agency may employ an executive director, technical experts,
1635	and such other agents and employees, permanent and temporary, as
1636	it requires, and determine their qualifications, duties, and
1637	compensation. For such legal service as it requires, an agency
1638	may employ or retain its own counsel and legal staff. An agency
1639	authorized to transact business and exercise powers under this
1640	part shall file with the governing body, on or before March 31
1641	of each year, a report of its activities for the preceding
1642	fiscal year, which report shall include a complete financial
1643	statement setting forth its assets, liabilities, income, and
1644	operating expenses as of the end of such fiscal year. At the
1645	time of filing the report, the agency shall publish in a
1646	newspaper of general circulation in the community a notice to
1647	the effect that such report has been filed with the county or
1648	municipality and that the report is available for inspection
1649	during business hours in the office of the clerk of the city or
1650	county commission and in the office of the agency.
1651	Section 11.  Paragraph (d) is added to subsection (3) of
1652	section 163.370, Florida Statutes, to read:
1653	163.370  Powers; counties and municipalities; community
1654	redevelopment agencies.--
1655	(3)  The following projects may not be paid for or financed
1656	by increment revenues:
1657	(d)  The substitution of increment revenues as security for
1658	existing debt currently committed to pay debt service on
1659	existing structures or projects that are completed and
1660	operating.
1661	Section 12.  Subsections (6) and (8) of section 163.387,
1662	Florida Statutes, are amended to read:
1663	163.387  Redevelopment trust fund.--
1664	(6)  Moneys in the redevelopment trust fund may be expended
1665	from time to time for undertakings of a community redevelopment
1666	agency within the community redevelopment area as described in
1667	the community redevelopment plan. Such expenditures may include
1668	for the following purposes, including, but are not limited to:
1669	(a)  Administrative and overhead expenses necessary or
1670	incidental to the implementation of a community redevelopment
1671	plan adopted by the agency.
1672	(b)  Expenses of redevelopment planning, surveys, and
1673	financial analysis, including the reimbursement of the governing
1674	body, any taxing authority, or the community redevelopment
1675	agency for such expenses incurred before the redevelopment plan
1676	was approved and adopted.
1677	(c)  Expenses related to the promotion or marketing of
1678	projects or activities in the redevelopment area which are
1679	sponsored by the community redevelopment agency.
1680	(d)(c)  The acquisition of real property in the
1681	redevelopment area.
1682	(e)(d)  The clearance and preparation of any redevelopment
1683	area for redevelopment and relocation of site occupants within
1684	or outside the community redevelopment area as provided in s.
1685	163.370.
1686	(f)(e)  The repayment of principal and interest or any
1687	redemption premium for loans, advances, bonds, bond anticipation
1688	notes, and any other form of indebtedness.
1689	(g)(f)  All expenses incidental to or connected with the
1690	issuance, sale, redemption, retirement, or purchase of bonds,
1691	bond anticipation notes, or other form of indebtedness,
1692	including funding of any reserve, redemption, or other fund or
1693	account provided for in the ordinance or resolution authorizing
1694	such bonds, notes, or other form of indebtedness.
1695	(h)(g)  The development of affordable housing within the
1696	community redevelopment area.
1697	(i)(h)  The development of Community policing innovations.
1698	(j)  The provision of law enforcement, fire rescue, or
1699	emergency medical services if the community redevelopment area
1700	has been in existence for at least 5 years.
1701
1702	This listing of types of expenditures is not an exclusive list
1703	of the expenditures that may be made under this subsection and
1704	is intended only to provide examples of some of the activities,
1705	projects, or expenses for which an expenditure may be made under
1706	this subsection.
1707	(8)  Each community redevelopment agency shall provide for
1708	an audit of the trust fund each fiscal year and a report of such
1709	audit to be prepared by an independent certified public
1710	accountant or firm. Such report shall describe the amount and
1711	source of deposits into, and the amount and purpose of
1712	withdrawals from, the trust fund during such fiscal year and the
1713	amount of principal and interest paid during such year on any
1714	indebtedness to which increment revenues are pledged and the
1715	remaining amount of such indebtedness. The agency shall provide
1716	by registered mail a copy of the report to each taxing
1717	authority.
1718	Section 13.  Paragraphs (b) and (e) of subsection (2) of
1719	section 288.0655, Florida Statutes, are amended to read:
1720	288.0655  Rural Infrastructure Fund.--
1721	(2)
1722	(b)  To facilitate access of rural communities and rural
1723	areas of critical economic concern as defined by the Rural
1724	Economic Development Initiative to infrastructure funding
1725	programs of the Federal Government, such as those offered by the
1726	United States Department of Agriculture and the United States
1727	Department of Commerce, and state programs, including those
1728	offered by Rural Economic Development Initiative agencies, and
1729	to facilitate local government or private infrastructure funding
1730	efforts, the office may award grants for up to 30 percent of the
1731	total infrastructure project cost. If an application for funding
1732	is for a catalyst site, as defined in s. 288.0656, the
1733	requirement for a local match may be waived. Eligible projects
1734	must be related to specific job-creation or job-retention
1735	opportunities. Eligible projects may also include improving any
1736	inadequate infrastructure that has resulted in regulatory action
1737	that prohibits economic or community growth or reducing the
1738	costs to community users of proposed infrastructure improvements
1739	that exceed such costs in comparable communities. Eligible uses
1740	of funds shall include improvements to public infrastructure for
1741	industrial or commercial sites and upgrades to or development of
1742	public tourism infrastructure. Authorized infrastructure may
1743	include the following public or public-private partnership
1744	facilities: storm water systems; telecommunications facilities;
1745	roads or other remedies to transportation impediments; nature-
1746	based tourism facilities; or other physical requirements
1747	necessary to facilitate tourism, trade, and economic development
1748	activities in the community. Authorized infrastructure may also
1749	include publicly owned self-powered nature-based tourism
1750	facilities; and additions to the distribution facilities of the
1751	existing natural gas utility as defined in s. 366.04(3)(c), the
1752	existing electric utility as defined in s. 366.02, or the
1753	existing water or wastewater utility as defined in s.
1754	367.021(12), or any other existing water or wastewater facility,
1755	which owns a gas or electric distribution system or a water or
1756	wastewater system in this state where:
1757	1.  A contribution-in-aid of construction is required to
1758	serve public or public-private partnership facilities under the
1759	tariffs of any natural gas, electric, water, or wastewater
1760	utility as defined herein; and
1761	2.  Such utilities as defined herein are willing and able
1762	to provide such service.
1763	(e)  To enable local governments to access the resources
1764	available pursuant to s. 403.973(19), the office may award
1765	grants for surveys, feasibility studies, and other activities
1766	related to the identification and preclearance review of land
1767	which is suitable for preclearance review. Authorized grants
1768	under this paragraph shall not exceed $75,000 each, except in
1769	the case of a project in a rural area of critical economic
1770	concern, in which case the grant shall not exceed $300,000. Any
1771	funds awarded under this paragraph must be matched at a level of
1772	50 percent with local funds, except that any funds awarded for a
1773	project in a rural area of critical economic concern must be
1774	matched at a level of 33 percent with local funds. If an
1775	application for funding is for a catalyst site, as defined in s.
1776	288.0656, the office may award grants for up to 40 percent of
1777	the total infrastructure project cost. In evaluating
1778	applications under this paragraph, the office shall consider the
1779	extent to which the application seeks to minimize administrative
1780	and consultant expenses.
1781	Section 14.  Section 288.0656, Florida Statutes, is amended
1782	to read:
1783	288.0656  Rural Economic Development Initiative.--
1784	(1)(a)  Recognizing that rural communities and regions
1785	continue to face extraordinary challenges in their efforts to
1786	achieve significant improvements to their economies,
1787	specifically in terms of personal income, job creation, average
1788	wages, and strong tax bases, it is the intent of the Legislature
1789	to encourage and facilitate the location and expansion in such
1790	rural communities of major economic development projects of
1791	significant scale.
1792	(b)  The Rural Economic Development Initiative, known as
1793	"REDI," is created within the Office of Tourism, Trade, and
1794	Economic Development, and the participation of state and
1795	regional agencies in this initiative is authorized.
1796	(2)  As used in this section, the term:
1797	(a)  "Catalyst project" means a business locating or
1798	expanding in a rural area of critical economic concern that is
1799	likely to serve as an economic growth opportunity of regional
1800	significance for the growth of an existing or emerging industry
1801	cluster that will facilitate the development of high-wage and
1802	high-skill jobs.
1803	(b)  "Catalyst site" means a parcel or parcels of land
1804	within a rural area of critical economic concern that has been
1805	prioritized by representatives of the jurisdictions within the
1806	rural area of critical economic concern, reviewed by REDI, and
1807	approved by the Office of Tourism, Trade, and Economic
1808	Development for purposes of locating a catalyst project.
1809	(c)(a)  "Economic distress" means conditions affecting the
1810	fiscal and economic viability of a rural community, including
1811	such factors as low per capita income, low per capita taxable
1812	values, high unemployment, high underemployment, low weekly
1813	earned wages compared to the state average, low housing values
1814	compared to the state average, high percentages of the
1815	population receiving public assistance, high poverty levels
1816	compared to the state average, and a lack of year-round stable
1817	employment opportunities.
1818	(d)  "Rural area of critical economic concern" means a
1819	rural community, or a region composed of rural communities,
1820	designated by the Governor, that has been adversely affected by
1821	an extraordinary economic event, severe or chronic distress, or
1822	a natural disaster or that presents a unique economic
1823	development opportunity of regional impact.
1824	(e)(b)  "Rural community" means:
1825	1.  A county with a population of 75,000 or less.
1826	2.  A county with a population of 120,000 100,000 or less
1827	that is contiguous to a county with a population of 75,000 or
1828	less.
1829	3.  A municipality within a county described in
1830	subparagraph 1. or subparagraph 2.
1831	4.  An unincorporated federal enterprise community or an
1832	incorporated rural city with a population of 25,000 or less and
1833	an employment base focused on traditional agricultural or
1834	resource-based industries, located in a county not defined as
1835	rural, which has at least three or more of the economic distress
1836	factors identified in paragraph (a) and verified by the Office
1837	of Tourism, Trade, and Economic Development.
1838
1839	For purposes of this paragraph, population shall be determined
1840	in accordance with the most recent official estimate pursuant to
1841	s. 186.901.
1842	(3)  REDI shall be responsible for coordinating and
1843	focusing the efforts and resources of state and regional
1844	agencies on the problems which affect the fiscal, economic, and
1845	community viability of Florida's economically distressed rural
1846	communities, working with local governments, community-based
1847	organizations, and private organizations that have an interest
1848	in the growth and development of these communities to find ways
1849	to balance environmental and growth management issues with local
1850	needs.
1851	(4)  REDI shall review and evaluate the impact of laws
1852	statutes and rules on rural communities and shall work to
1853	minimize any adverse impact and undertake outreach and capacity
1854	building efforts.
1855	(5)  REDI shall facilitate better access to state resources
1856	by promoting direct access and referrals to appropriate state
1857	and regional agencies and statewide organizations. REDI may
1858	undertake outreach, capacity-building, and other advocacy
1859	efforts to improve conditions in rural communities. These
1860	activities may include sponsorship of conferences and
1861	achievement awards.
1862	(6)(a)  By August 1 of each year, the head of each of the
1863	following agencies and organizations shall designate a high-
1864	level staff person from within the agency or organization to
1865	serve as the REDI representative for the agency or organization:
1866	1.  The Department of Community Affairs.
1867	2.  The Department of Transportation.
1868	3.  The Department of Environmental Protection.
1869	4.  The Department of Agriculture and Consumer Services.
1870	5.  The Department of State.
1871	6.  The Department of Health.
1872	7.  The Department of Children and Family Services.
1873	8.  The Department of Corrections.
1874	9.  The Agency for Workforce Innovation.
1875	10.  The Department of Education.
1876	11.  The Department of Juvenile Justice.
1877	12.  The Fish and Wildlife Conservation Commission.
1878	13.  Each water management district.
1879	14.  Enterprise Florida, Inc.
1880	15.  Workforce Florida, Inc.
1881	16.  The Florida Commission on Tourism or VISIT Florida.
1882	17.  The Florida Regional Planning Council Association.
1883	18.  The Agency for Health Care Administration Florida
1884	State Rural Development Council.
1885	19.  The Institute of Food and Agricultural Sciences
1886	(IFAS).
1887
1888	An alternate for each designee shall also be chosen, and the
1889	names of the designees and alternates shall be sent to the
1890	director of the Office of Tourism, Trade, and Economic
1891	Development.
1892	(b)  Each REDI representative must have comprehensive
1893	knowledge of his or her agency's functions, both regulatory and
1894	service in nature, and of the state's economic goals, policies,
1895	and programs. This person shall be the primary point of contact
1896	for his or her agency with REDI on issues and projects relating
1897	to economically distressed rural communities and with regard to
1898	expediting project review, shall ensure a prompt effective
1899	response to problems arising with regard to rural issues, and
1900	shall work closely with the other REDI representatives in the
1901	identification of opportunities for preferential awards of
1902	program funds and allowances and waiver of program requirements
1903	when necessary to encourage and facilitate long-term private
1904	capital investment and job creation.
1905	(c)  The REDI representatives shall work with REDI in the
1906	review and evaluation of statutes and rules for adverse impact
1907	on rural communities and the development of alternative
1908	proposals to mitigate that impact.
1909	(d)  Each REDI representative shall be responsible for
1910	ensuring that each district office or facility of his or her
1911	agency is informed about the Rural Economic Development
1912	Initiative and for providing assistance throughout the agency in
1913	the implementation of REDI activities.
1914	(7)(a)  REDI may recommend to the Governor up to three
1915	rural areas of critical economic concern. A rural area of
1916	critical economic concern must be a rural community, or a region
1917	composed of such, that has been adversely affected by an
1918	extraordinary economic event or a natural disaster or that
1919	presents a unique economic development opportunity of regional
1920	impact that will create more than 1,000 jobs over a 5-year
1921	period. The Governor may by executive order designate up to
1922	three rural areas of critical economic concern which will
1923	establish these areas as priority assignments for REDI as well
1924	as to allow the Governor, acting through REDI, to waive
1925	criteria, requirements, or similar provisions of any economic
1926	development incentive. Such incentives shall include, but not be
1927	limited to: the Qualified Target Industry Tax Refund Program
1928	under s. 288.106, the Quick Response Training Program under s.
1929	288.047, the Quick Response Training Program for participants in
1930	the welfare transition program under s. 288.047(8),
1931	transportation projects under s. 288.063, the brownfield
1932	redevelopment bonus refund under s. 288.107, and the rural job
1933	tax credit program under ss. 212.098 and 220.1895.
1934	(b)  Designation as a rural area of critical economic
1935	concern under this subsection shall be contingent upon the
1936	execution of a memorandum of agreement among the Office of
1937	Tourism, Trade, and Economic Development; the governing body of
1938	the county; and the governing bodies of any municipalities to be
1939	included within a rural area of critical economic concern. Such
1940	agreement shall specify the terms and conditions of the
1941	designation, including, but not limited to, the duties and
1942	responsibilities of the county and any participating
1943	municipalities to take actions designed to facilitate the
1944	retention and expansion of existing businesses in the area, as
1945	well as the recruitment of new businesses to the area.
1946	(c)  Each rural area of critical economic concern may
1947	designate catalyst projects provided that each catalyst project
1948	is specifically recommended by REDI, identified as a catalyst
1949	project by Enterprise Florida, Inc., and confirmed as a catalyst
1950	project by the Office of Tourism, Trade, and Economic
1951	Development. All state agencies and departments shall use all
1952	available tools and resources to the extent permissible by law
1953	to promote the creation and development of each catalyst project
1954	and the development of catalyst sites.
1955	(8)  REDI shall assist local governments within rural areas
1956	of critical economic concern with comprehensive planning needs
1957	pursuant to s. 163.3184(20) and that implement the provisions of
1958	this section. Such assistance shall reflect a multidisciplinary
1959	approach among all agencies and shall include economic
1960	development and planning objectives.
1961	(a)  A local government may request assistance in the
1962	preparation of plan amendments that will stimulate economic
1963	activity.
1964	1.  The local government must contact the Office of
1965	Tourism, Trade, and Economic Development to request assistance.
1966	2.  REDI representatives shall meet with the local
1967	government within 15 days after such request to develop the
1968	scope of assistance that will be provided to assist the
1969	development, transmittal, and adoption of the proposed
1970	comprehensive plan amendment.
1971	3.  As part of the assistance provided, REDI
1972	representatives shall also identify other needed local and
1973	developer actions for approval of the project and recommend a
1974	timeline for the local government and developer that will
1975	minimize project delays.
1976	(b)  In addition, REDI shall solicit requests each year for
1977	assistance from local governments within a rural area of
1978	critical economic concern to update the future land use element
1979	and other associated elements of the local government's
1980	comprehensive plan to better position the community to respond
1981	to economic development potential within the county or
1982	municipality. REDI shall provide direct assistance to such local
1983	governments to update their comprehensive plans pursuant to this
1984	paragraph. At least one comprehensive planning technical
1985	assistance effort shall be selected each year.
1986	(c)  REDI shall develop and annually update a technical
1987	assistance manual based upon experiences learned in providing
1988	direct assistance under this subsection.
1989	(9)(8)  REDI shall submit a report to the Governor, the
1990	President of the Senate, and the Speaker of the House of
1991	Representatives each year on or before September February 1 on
1992	all REDI activities for the prior fiscal year. This report shall
1993	include a status report on all projects currently being
1994	coordinated through REDI, the number of preferential awards and
1995	allowances made pursuant to this section, the dollar amount of
1996	such awards, and the names of the recipients. The report shall
1997	also include a description of all waivers of program
1998	requirements granted. The report shall also include information
1999	as to the economic impact of the projects coordinated by REDI.
2000	Section 15.  Paragraph (c) of subsection (19) and paragraph
2001	(n) of subsection (24) of section 380.06, Florida Statutes, are
2002	amended, and paragraph (v) is added to subsection (24) of that
2003	section, to read:
2004	380.06  Developments of regional impact.--
2005	(19)  SUBSTANTIAL DEVIATIONS.--
2006	(c)  An extension of the date of buildout of a development,
2007	or any phase thereof, by more than 7 years is presumed to create
2008	a substantial deviation subject to further development-of-
2009	regional-impact review. An extension of the date of buildout, or
2010	any phase thereof, of more than 5 years but not more than 7
2011	years is presumed not to create a substantial deviation. The
2012	extension of the date of buildout of an areawide development of
2013	regional impact by more than 5 years but less than 10 years is
2014	presumed not to create a substantial deviation. These
2015	presumptions may be rebutted by clear and convincing evidence at
2016	the public hearing held by the local government. An extension of
2017	5 years or less is not a substantial deviation. For the purpose
2018	of calculating when a buildout or phase date has been exceeded,
2019	the time shall be tolled during the pendency of administrative
2020	or judicial proceedings relating to development permits. Any
2021	extension of the buildout date of a project or a phase thereof
2022	shall automatically extend the commencement date of the project,
2023	the termination date of the development order, the expiration
2024	date of the development of regional impact, and the phases
2025	thereof if applicable by a like period of time. In recognition
2026	of the 2007 real estate market conditions, all development order
2027	phase, buildout, commencement, and expiration dates and all
2028	related local government approvals for projects that are
2029	developments of regional impact or Florida Quality Developments
2030	and under active construction on July 1, 2007, or for which a
2031	development order was adopted between January 1, 2006, and July
2032	1, 2007, regardless of whether or not active construction has
2033	commenced, are extended for 3 years regardless of any prior
2034	extension. The 3-year extension is not a substantial deviation,
2035	is not subject to further development-of-regional-impact review,
2036	and may not be considered when determining whether a subsequent
2037	extension is a substantial deviation under this subsection. This
2038	extension also applies to all associated local government
2039	approvals, including, but not limited to, agreements,
2040	certificates, and permits related to the project.
2041	(24)  STATUTORY EXEMPTIONS.--
2042	(n)  Any proposed development or redevelopment within an
2043	area designated in the comprehensive plan as an urban
2044	redevelopment area, a downtown revitalization area, an urban
2045	infill development area, or an urban infill and redevelopment
2046	area under s. 163.2517 is exempt from this section if the local
2047	government has entered into a binding agreement with
2048	jurisdictions that would be impacted and the Department of
2049	Transportation regarding the mitigation of impacts on state and
2050	regional transportation facilities, and has adopted a
2051	proportionate share methodology pursuant to s. 163.3180(16).
2052	(v)  Any development within a county having a population
2053	greater than 1.25 million that is proposed for at least two
2054	uses, one of which is for use as an office or laboratory
2055	appropriate for research and development of medical technology,
2056	biotechnology, or life science applications is exempt from this
2057	section if:
2058	1.  The land is located in a designated urban infill area
2059	or within 5 miles of a state-supported biotechnical research
2060	facility or if a local government having jurisdiction
2061	recognizes, by resolution, that the land is located in a
2062	compact, high-intensity, and high-density multiuse area that is
2063	appropriate for intensive growth.
2064	2.  The land is located within three-fourths of 1 mile from
2065	one or more bus or light rail transit stops.
2066	3.  The development is registered with the United States
2067	Green Building Council and there is an intent to apply for
2068	certification of each building under the Leadership in Energy
2069	and Environmental Design rating program, or the development is
2070	registered by an alternate green building rating system that a
2071	local government having jurisdiction finds appropriate, by
2072	resolution.
2073
2074	If a use is exempt from review as a development of regional
2075	impact under paragraphs (a)-(u)(t), but will be part of a larger
2076	project that is subject to review as a development of regional
2077	impact, the impact of the exempt use must be included in the
2078	review of the larger project.
2079	Section 16.  Paragraph (f) of subsection (3) of section
2080	380.0651, Florida Statutes, is amended to read:
2081	380.0651  Statewide guidelines and standards.--
2082	(3)  The following statewide guidelines and standards shall
2083	be applied in the manner described in s. 380.06(2) to determine
2084	whether the following developments shall be required to undergo
2085	development-of-regional-impact review:
2086	(f)  Hotel or motel development.--
2087	1.  Any proposed hotel or motel development that is planned
2088	to create or accommodate 350 or more units; or
2089	2.  Any proposed hotel or motel development that is planned
2090	to create or accommodate 750 or more units, in a county with a
2091	population greater than 500,000 but not exceeding 1.5 million;
2092	or
2093	3.  Any proposed hotel or motel development that is planned
2094	to create or accommodate 750 or more units, in a county with a
2095	population greater than 1.5 million, and only in a geographic
2096	area specifically designated as highly suitable for increased
2097	threshold intensity in the approved local comprehensive plan and
2098	in the strategic regional policy plan.
2099	Section 17.  Subsection (13) is added to section 403.121,
2100	Florida Statutes, to read:
2101	403.121  Enforcement; procedure; remedies.--The department
2102	shall have the following judicial and administrative remedies
2103	available to it for violations of this chapter, as specified in
2104	s. 403.161(1).
2105	(13)  Any party subject to an executed consent order of the
2106	Department of Environmental Protection under chapter 373 or
2107	chapter 403, pursuant to which a building permit is necessary to
2108	comply with the consent order, shall not be required to undergo
2109	or obtain site plan approval or other zoning approvals as a
2110	condition to issuance of the building permit if the activities
2111	conducted on the parcel are, but for the specifics of the
2112	consent order, consistent with local permits, zoning, and land
2113	use approvals.
2114	Section 18.  Subsection (5) of section 420.615, Florida
2115	Statutes, is amended to read:
2116	420.615  Affordable housing land donation density bonus
2117	incentives.--
2118	(5)  The local government, as part of the approval process,
2119	shall adopt a comprehensive plan amendment, pursuant to part II
2120	of chapter 163, for the receiving land that incorporates the
2121	density bonus. Such amendment shall be deemed a small scale
2122	amendment, shall be subject only to the requirements of adopted
2123	in the manner as required for small-scale amendments pursuant to
2124	s. 163.3187(1)(c)2. and 3., is not subject to the requirements
2125	of s. 163.3184(3)-(11)(6), and is exempt from s.
2126	163.3187(1)(c)1. and from the limitation on the frequency of
2127	plan amendments as provided in s. 163.3187. An affected person
2128	as defined in s. 163.3184 may file a petition for administrative
2129	review pursuant to s. 163.3187(3) to challenge the compliance of
2130	an adopted plan amendment.
2131	Section 19.  Paragraph (c) of subsection (1) of section
2132	163.3187, Florida Statutes, is amended to read:
2133	163.3187  Amendment of adopted comprehensive plan.--
2134	(1)  Amendments to comprehensive plans adopted pursuant to
2135	this part may be made not more than two times during any
2136	calendar year, except:
2137	(c)  Any local government comprehensive plan amendments
2138	directly related to proposed small scale development activities
2139	may be approved without regard to statutory limits on the
2140	frequency of consideration of amendments to the local
2141	comprehensive plan. A small scale development amendment may be
2142	adopted only under the following conditions:
2143	1.  The proposed amendment involves a use of 10 acres or
2144	fewer and:
2145	a.  The cumulative annual effect of the acreage for all
2146	small scale development amendments adopted by the local
2147	government shall not exceed:
2148	(I)  A maximum of 120 acres in a local government that
2149	contains areas specifically designated in the local
2150	comprehensive plan for urban infill, urban redevelopment, or
2151	downtown revitalization as defined in s. 163.3164, urban infill
2152	and redevelopment areas designated under s. 163.2517,
2153	transportation concurrency exception areas approved pursuant to
2154	s. 163.3180(5), or regional activity centers and urban central
2155	business districts approved pursuant to s. 380.06(2)(e);
2156	however, amendments under this paragraph may be applied to no
2157	more than 60 acres annually of property outside the designated
2158	areas listed in this sub-sub-subparagraph. Amendments adopted
2159	pursuant to paragraph (k) shall not be counted toward the
2160	acreage limitations for small scale amendments under this
2161	paragraph.
2162	(II)  A maximum of 80 acres in a local government that does
2163	not contain any of the designated areas set forth in sub-sub-
2164	subparagraph (I).
2165	(III)  A maximum of 120 acres in a county established
2166	pursuant to s. 9, Art. VIII of the State Constitution.
2167	b.  The proposed amendment does not involve the same
2168	property granted a change within the prior 12 months.
2169	c.  The proposed amendment does not involve the same
2170	owner's property within 200 feet of property granted a change
2171	within the prior 12 months.
2172	d.  The proposed amendment does not involve a text change
2173	to the goals, policies, and objectives of the local government's
2174	comprehensive plan, but only proposes a land use change to the
2175	future land use map for a site-specific small scale development
2176	activity.
2177	e.  The property that is the subject of the proposed
2178	amendment is not located within an area of critical state
2179	concern, unless the project subject to the proposed amendment
2180	involves the construction of affordable housing units meeting
2181	the criteria of s. 420.0004(3), and is located within an area of
2182	critical state concern designated by s. 380.0552 or by the
2183	Administration Commission pursuant to s. 380.05(1). Such
2184	amendment is not subject to the density limitations of sub-
2185	subparagraph f., and shall be reviewed by the state land
2186	planning agency for consistency with the principles for guiding
2187	development applicable to the area of critical state concern
2188	where the amendment is located and shall not become effective
2189	until a final order is issued under s. 380.05(6).
2190	f.  If the proposed amendment involves a residential land
2191	use, the residential land use has a density of 10 units or less
2192	per acre or the proposed future land use category allows a
2193	maximum residential density of the same or less than the maximum
2194	residential density allowable under the existing future land use
2195	category, except that this limitation does not apply to small
2196	scale amendments involving the construction of affordable
2197	housing units meeting the criteria of s. 420.0004(3) on property
2198	which will be the subject of a land use restriction agreement,
2199	or small scale amendments described in sub-sub-subparagraph
2200	a.(I) that are designated in the local comprehensive plan for
2201	urban infill, urban redevelopment, or downtown revitalization as
2202	defined in s. 163.3164, urban infill and redevelopment areas
2203	designated under s. 163.2517, transportation concurrency
2204	exception areas approved pursuant to s. 163.3180(5), or regional
2205	activity centers and urban central business districts approved
2206	pursuant to s. 380.06(2)(e).
2207	2.a.  A local government that proposes to consider a plan
2208	amendment pursuant to this paragraph is not required to comply
2209	with the procedures and public notice requirements of s.
2210	163.3184(15)(c) for such plan amendments if the local government
2211	complies with the provisions in s. 125.66(4)(a) for a county or
2212	in s. 166.041(3)(c) for a municipality. If a request for a plan
2213	amendment under this paragraph is initiated by other than the
2214	local government, public notice is required.
2215	b.  The local government shall send copies of the notice
2216	and amendment to the state land planning agency, the regional
2217	planning council, and any other person or entity requesting a
2218	copy. This information shall also include a statement
2219	identifying any property subject to the amendment that is
2220	located within a coastal high-hazard area as identified in the
2221	local comprehensive plan.
2222	3.  Small scale development amendments adopted pursuant to
2223	this paragraph require only one public hearing before the
2224	governing board, which shall be an adoption hearing as described
2225	in s. 163.3184(7), and are not subject to the requirements of s.
2226	163.3184(3)-(6) unless the local government elects to have them
2227	subject to those requirements.
2228	4.  If the small scale development amendment involves a
2229	site within an area that is designated by the Governor as a
2230	rural area of critical economic concern under s. 288.0656(7) for
2231	the duration of such designation, the 10-acre limit listed in
2232	subparagraph 1. shall be increased by 100 percent to 20 acres.
2233	The local government approving the small scale plan amendment
2234	shall certify to the Office of Tourism, Trade, and Economic
2235	Development that the plan amendment furthers the economic
2236	objectives set forth in the executive order issued under s.
2237	288.0656(7)(a) 288.0656(7), and the property subject to the plan
2238	amendment shall undergo public review to ensure that all
2239	concurrency requirements and federal, state, and local
2240	environmental permit requirements are met.
2241	Section 20.  Subsection (2) of section 257.193, Florida
2242	Statutes, is amended to read:
2243	257.193  Community Libraries in Caring Program.--
2244	(2)  The purpose of the Community Libraries in Caring
2245	Program is to assist libraries in rural communities, as defined
2246	in s. 288.0656(2)(e) 288.0656(2)(b) and subject to the
2247	provisions of s. 288.06561, to strengthen their collections and
2248	services, improve literacy in their communities, and improve the
2249	economic viability of their communities.
2250	Section 21.  Section 288.019, Florida Statutes, is amended
2251	to read:
2252	288.019  Rural considerations in grant review and
2253	evaluation processes.--
2254	(1)  Notwithstanding any other law, and to the fullest
2255	extent possible, the member agencies and organizations of the
2256	Rural Economic Development Initiative (REDI) as defined in s.
2257	288.0656(6)(a) shall review all grant and loan application
2258	evaluation criteria to ensure the fullest access for rural
2259	counties as defined in s. 288.0656(2)(e) 288.0656(2)(b) to
2260	resources available throughout the state.
2261	(2)(1)  Each REDI agency and organization shall review all
2262	evaluation and scoring procedures and develop modifications to
2263	those procedures which minimize the impact of a project within a
2264	rural area.
2265	(a)(2)  Evaluation criteria and scoring procedures must
2266	provide for an appropriate ranking based on the proportionate
2267	impact that projects have on a rural area when compared with
2268	similar project impacts on an urban area.
2269	(b)(3)  Evaluation criteria and scoring procedures must
2270	recognize the disparity of available fiscal resources for an
2271	equal level of financial support from an urban county and a
2272	rural county.
2273	1.(a)  The evaluation criteria should weight contribution
2274	in proportion to the amount of funding available at the local
2275	level.
2276	2.(b)  In-kind match should be allowed and applied as
2277	financial match when a county is experiencing financial distress
2278	through elevated unemployment at a rate in excess of the state's
2279	average by 5 percentage points or because of the loss of its ad
2280	valorem base.
2281	(c)(4)  For existing programs, the modified evaluation
2282	criteria and scoring procedure must be delivered to the Office
2283	of Tourism, Trade, and Economic Development for distribution to
2284	the REDI agencies and organizations. The REDI agencies and
2285	organizations shall review and make comments. Future rules,
2286	programs, evaluation criteria, and scoring processes must be
2287	brought before a REDI meeting for review, discussion, and
2288	recommendation to allow rural counties fuller access to the
2289	state's resources.
2290	Section 22.  Section 288.06561, Florida Statutes, is
2291	amended to read:
2292	288.06561  Reduction or waiver of financial match
2293	requirements.--
2294	(1)  Notwithstanding any other law, the member agencies and
2295	organizations of the Rural Economic Development Initiative
2296	(REDI), as defined in s. 288.0656(6)(a), shall review the
2297	financial match requirements for projects in rural areas as
2298	defined in s. 288.0656(2)(e) 288.0656(2)(b).
2299	(2)(1)  Each agency and organization shall develop a
2300	proposal to waive or reduce the match requirement for rural
2301	areas.
2302	(3)(2)  Agencies and organizations shall ensure that all
2303	proposals are submitted to the Office of Tourism, Trade, and
2304	Economic Development for review by the REDI agencies.
2305	(4)(3)  These proposals shall be delivered to the Office of
2306	Tourism, Trade, and Economic Development for distribution to the
2307	REDI agencies and organizations. A meeting of REDI agencies and
2308	organizations must be called within 30 days after receipt of
2309	such proposals for REDI comment and recommendations on each
2310	proposal.
2311	(5)(4)  Waivers and reductions must be requested by the
2312	county or community, and such county or community must have
2313	three or more of the factors identified in s. 288.0656(2)(c)
2314	288.0656(2)(a).
2315	(6)(5)  Any other funds available to the project may be
2316	used for financial match of federal programs when there is
2317	fiscal hardship, and the match requirements may not be waived or
2318	reduced.
2319	(7)(6)  When match requirements are not reduced or
2320	eliminated, donations of land, though usually not recognized as
2321	an in-kind match, may be permitted.
2322	(8)(7)  To the fullest extent possible, agencies and
2323	organizations shall expedite the rule adoption and amendment
2324	process if necessary to incorporate the reduction in match by
2325	rural areas in fiscal distress.
2326	(9)(8)  REDI shall include in its annual report an
2327	evaluation on the status of changes to rules, number of awards
2328	made with waivers, and recommendations for future changes.
2329	Section 23.  Paragraph (b) of subsection (4) of section
2330	339.2819, Florida Statutes, is amended to read:
2331	339.2819  Transportation Regional Incentive Program.--
2332	(4)
2333	(b)  In allocating Transportation Regional Incentive
2334	Program funds, priority shall be given to projects that:
2335	1.  Provide connectivity to the Strategic Intermodal System
2336	developed under s. 339.64.
2337	2.  Support economic development and the movement of goods
2338	in rural areas of critical economic concern designated under s.
2339	288.0656(7)(a) 288.0656(7).
2340	3.  Are subject to a local ordinance that establishes
2341	corridor management techniques, including access management
2342	strategies, right-of-way acquisition and protection measures,
2343	appropriate land use strategies, zoning, and setback
2344	requirements for adjacent land uses.
2345	4.  Improve connectivity between military installations and
2346	the Strategic Highway Network or the Strategic Rail Corridor
2347	Network.
2348	Section 24.  Paragraph (d) of subsection (15) of section
2349	627.6699, Florida Statutes, is amended to read:
2350	627.6699  Employee Health Care Access Act.--
2351	(15)  SMALL EMPLOYERS ACCESS PROGRAM.--
2352	(d)  Eligibility.--
2353	1.  Any small employer that is actively engaged in
2354	business, has its principal place of business in this state,
2355	employs up to 25 eligible employees on business days during the
2356	preceding calendar year, employs at least 2 employees on the
2357	first day of the plan year, and has had no prior coverage for
2358	the last 6 months may participate.
2359	2.  Any municipality, county, school district, or hospital
2360	employer located in a rural community as defined in s.
2361	288.0656(2)(e) 288.0656(2)(b) may participate.
2362	3.  Nursing home employers may participate.
2363	4.  Each dependent of a person eligible for coverage is
2364	also eligible to participate.
2365
2366	Any employer participating in the program must do so until the
2367	end of the term for which the carrier providing the coverage is
2368	obligated to provide such coverage to the program. Coverage for
2369	a small employer group that ceases to meet the eligibility
2370	requirements of this section may be terminated at the end of the
2371	policy period for which the necessary premiums have been paid.
2372	Section 25.  For fiscal year 2008-2009, the Legislative
2373	Committee on Intergovernmental Relations is appropriated
2374	$300,000 from nonrecurring general revenue to pay for costs
2375	associated with the Mobility Fee Study and Pilot Project Program
2376	established in section 4.
2377	Section 26.  This act shall take effect July 1, 2008.

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