CS/HB 7129

1	A bill to be entitled
2	An act relating to growth management; amending s. 125.379,
3	F.S.; requiring counties to certify that they have
4	prepared a list of county-owned property appropriate for
5	affordable housing before obtaining certain funding;
6	amending s. 163.3167, F.S.; revising prohibited
7	initiatives or referenda; amending s. 163.3177, F.S.;
8	extending a date for adopting and transmitting certain
9	required amendments; revising criteria and requirements
10	for future land use plan elements of local government
11	comprehensive plans; revising requirements for a housing
12	element; revising requirements for an intergovernmental
13	coordination element; revising requirements for a
14	transportation element; deleting provisions encouraging
15	local governments to develop a community vision and to
16	designate an urban service boundary; amending s.
17	163.31771, F.S.; requiring a local government to amend its
18	comprehensive plan to allow accessory dwelling units in an
19	area zoned for single-family residential use; prohibiting
20	such units from being treated as new units if there is a
21	land use restriction agreement that restricts use to
22	affordable housing; prohibiting accessory dwelling units
23	from being located on certain land; amending s. 163.3180,
24	F.S.; revising concurrency requirements; specifying
25	municipal areas for transportation concurrency exception
26	areas; revising provisions relating to the Strategic
27	Intermodal System; deleting a requirement for local
28	governments to annually submit a summary of de minimus
29	records; increasing the percentage of transportation
30	impacts that must be reserved for urban redevelopment;
31	requiring concurrency management systems to be coordinated
32	with the appropriate metropolitan planning organization;
33	revising regional impact proportionate share provisions to
34	allow for improvements outside the jurisdiction in certain
35	circumstances; providing for the determination of
36	mitigation to include credit for certain mitigation
37	provided under an earlier phase, calculated at present
38	value; defining the terms "present value" and "backlogged
39	transportation facility"; revising the calculation of
40	school capacity to include relocatables used by a school
41	district; providing a minimum state availability standard
42	for school concurrency; providing that a developer may not
43	be required to reduce or eliminate backlog or address
44	class size reduction; requiring charter schools to be
45	considered as a mitigation option under certain
46	circumstances; requiring school districts to include
47	relocatables in their calculation of school capacity in
48	certain circumstances; providing for an Urban Placemaking
49	Initiative Pilot Project Program; providing for
50	designating certain local governments as urban placemaking
51	initiative pilot projects; providing purposes,
52	requirements, criteria, procedures, and limitations for
53	such local governments, the pilot projects, and the
54	program; authorizing a methodology based on vehicle and
55	miles traveled for calculating proportionate fair-share
56	methodology; providing transportation concurrency
57	incentives for private developers; providing for
58	recommendations for the establishment of a uniform
59	mobility fee methodology to replace the current
60	transportation concurrency management system; providing
61	legislative intent relating to mobility fees for certain
62	purposes; requiring the Legislative Committee on
63	Intergovernmental Relations to study and develop a
64	methodology for a mobility fee system; providing study and
65	fee applicability requirements; providing for establishing
66	a mobility fee pilot program in certain counties and
67	municipalities in such counties; providing coordination
68	requirements for the committee and such local governments;
69	requiring implementation by a certain date; providing
70	program requirements and criteria; providing mobility fee
71	requirements and limitations; amending s. 163.3184, F.S.;
72	providing certain meeting and notice requirements for
73	applications for future land use amendments; increasing
74	the time period for agency review; providing circumstances
75	for abandonment of a plan amendment; providing for
76	extension and status reports; revising requirements for
77	public hearings for comprehensive plans or plan
78	amendments; providing procedures and requirements for
79	assistance to local governments by the Rural Economic
80	Development Initiative for plan amendments in rural areas
81	of critical economic importance; providing limited
82	application and exemptions for certain plan map
83	amendments; authorizing affected persons to file petitions
84	for administrative review challenging compliance of
85	certain plan amendments; providing legislative findings
86	relating to rural centers of economic development;
87	providing a declaration of compelling state interest;
88	providing a definition; authorizing certain landowners to
89	apply for amendments to comprehensive plans for certain
90	rural centers of economic development; providing
91	application requirements, procedures, and limitations;
92	deleting provisions relating to community vision and urban
93	boundary amendments; amending s. 163.3187, F.S.;
94	authorizing plan amendments once a year; authorizing
95	certain plan amendments twice a year; providing for
96	exceptions; providing requirements for small scale
97	amendment effective dates; amending s. 163.3245, F.S.;
98	increasing the number of authorized optional sector plans
99	pilot projects; amending s. 163.32465, F.S.; revising
100	legislative findings; revising alternative state review
101	process pilot program requirements and procedures;
102	expanding application of the program; revising
103	requirements for the initial hearing on comprehensive plan
104	amendments for the program; revising requirements for
105	administrative challenges to plan amendments for the
106	program; creating s. 163.351, F.S.; providing requirements
107	concerning reporting by community redevelopment agencies;
108	requiring an annual report of progress and plans to the
109	governing body; requiring that the agency and the county
110	or municipality make such report available for public
111	inspection; requiring that certain reports or information
112	concerning dependent special districts be annually
113	provided to the Department of Community Affairs; requiring
114	that certain financial reports or information be annually
115	provided to the Department of Financial Services; amending
116	s. 163.356, F.S.; eliminating the requirement that
117	community redevelopment agencies file and make available
118	to the public certain reports concerning finances;
119	amending s. 163.370, F.S.; specifying additional projects
120	that may not be paid for or financed with increment
121	revenues; amending s. 163.387, F.S.; revising criteria for
122	making expenditures from moneys in the redevelopment trust
123	fund; specifying that the list is not exclusive;
124	eliminating requirements concerning the auditing of a
125	community redevelopment agency's redevelopment trust fund;
126	amending s. 288.0655, F.S.; providing for a waiver of
127	local match requirements for certain catalyst site funding
128	applications; authorizing the office to award grants for a
129	certain percentage of total infrastructure project costs
130	for certain catalyst site funding applications; amending
131	s. 288.0656, F.S.; providing legislative intent; revising
132	definitions; providing certain additional review and
133	action requirements for REDI relating to rural
134	communities; revising representation on REDI; deleting a
135	limitation on characterization as a rural area of critical
136	economic concern; authorizing rural areas of critical
137	economic concern to designate certain catalyst project for
138	certain purposes; providing project requirements;
139	requiring the initiative to assist local governments with
140	certain comprehensive planning needs; providing procedures
141	and requirements for such assistance; revising certain
142	reporting requirements for REDI; amending s. 380.06, F.S.;
143	requiring a specified level of service for certain
144	transportation methodologies; revising criteria for
145	extending application of certain deadline dates and
146	approvals for developments of regional impact; expanding
147	the exemption for certain proposed developments or
148	redevelopments to include certain additional areas;
149	providing an additional statutory exemption for certain
150	developments in certain counties; providing requirements
151	and limitations; amending s. 380.0651, F.S.; expanding the
152	criteria for determining whether certain additional hotel
153	or motel developments are required to undergo development-
154	of-regional impact review; amending s. 403.121, F.S.;
155	providing for limitations on building permits relating to
156	consent orders; amending s. 420.615, F.S.; providing
157	specified application and exemptions for certain
158	comprehensive plan amendments relating to affordable
159	housing land donation density bonus incentives;
160	authorizing affected persons to file petitions for
161	administrative review challenging compliance of such plan
162	amendments; amending ss. 257.193, 288.019, 288.06561,
163	339.2819, and 627.6699, F.S.; correcting cross-references;
164	amending s. 125.0104, F.S.; allowing certain counties to
165	use certain tax revenues for workforce, affordable, and
166	employee housing; amending s. 159.807, F.S.; deleting a
167	provision exempting the Florida Housing Finance
168	Corporation from the applicability of certain uses of the
169	state allocation pool; creating s. 193.018, F.S.;
170	providing for the assessment of property receiving the
171	low-income housing tax credit; defining the term
172	"community land trust"; providing for the assessment of
173	structural improvements, condominium parcels, and
174	cooperative parcels on land owned by a community land
175	trust and used to provide affordable housing; providing
176	for the conveyance of structural improvements, condominium
177	parcels, and cooperative parcels subject to certain
178	conditions; specifying the criteria to be used in arriving
179	at just valuation of a structural improvement, condominium
180	parcel, or cooperative parcel; amending s. 212.055, F.S.;
181	redefining the term "infrastructure" to allow the proceeds
182	of a local government infrastructure surtax to be used to
183	purchase land for certain purposes relating to
184	construction of affordable housing; amending s. 420.503,
185	F.S.; defining the term "moderate rehabilitation" for
186	purposes of the Florida Housing Finance Corporation Act;
187	amending s. 420.507, F.S.; providing the corporation with
188	certain powers relating to developing and administering a
189	grant program; amending s. 420.5087, F.S.; revising
190	purposes for which state apartment incentive loans may be
191	used; amending s. 420.5095, F.S.; providing for the
192	disbursement of certain Community Workforce Housing
193	Innovation Pilot Program funds that were awarded but have
194	been declined or returned; amending s. 420.615, F.S.;
195	revising provisions relating to comprehensive plan
196	amendments; authorizing certain persons to challenge the
197	compliance of an amendment; creating s. 420.628, F.S.;
198	providing legislative findings and intent; requiring
199	certain governmental entities to develop and implement
200	strategies and procedures designed to increase affordable
201	housing opportunities for young adults who are leaving the
202	child welfare system; amending s. 420.9071, F.S.; revising
203	and providing definitions; amending s. 420.9072, F.S.;
204	conforming a cross-reference; amending s. 420.9073, F.S.;
205	revising the frequency with which local housing
206	distributions are to be made by the corporation;
207	authorizing the corporation to withhold funds from the
208	total distribution annually for specified purposes;
209	requiring counties and eligible municipalities that
210	receive local housing distributions to expend those funds
211	in a specified manner; amending s. 420.9075, F.S.;
212	requiring that local housing assistance plans address the
213	special housing needs of persons with disabilities;
214	authorizing the corporation to define high-cost counties
215	and eligible municipalities by rule; authorizing high-cost
216	counties and certain municipalities to assist persons and
217	households meeting specific income requirements; revising
218	requirements to be included in the local housing
219	assistance plan; requiring counties and certain
220	municipalities to include certain initiatives and
221	strategies in the local housing assistance plan; revising
222	criteria that applies to awards made for the purpose of
223	providing eligible housing; authorizing and limiting the
224	percentage of funds from the local housing distribution
225	that may be used for manufactured housing; extending the
226	expiration date of an exemption from certain income
227	requirements in specified areas; authorizing the use of
228	certain funds for preconstruction activities; providing
229	that certain costs are a program expense; authorizing
230	counties and certain municipalities to award grant funds
231	under certain conditions; providing for the repayment of
232	funds by the local housing assistance trust fund; amending
233	s. 420.9076, F.S.; revising appointments to a local
234	affordable housing advisory committee; revising notice
235	requirements for public hearings of the advisory
236	committee; requiring the committee's final report,
237	evaluation, and recommendations to be submitted to the
238	corporation; deleting cross-references to conform to
239	changes made by the act; amending s. 420.9079, F.S.;
240	conforming cross-references; amending s. 1001.43, F.S.;
241	revising district school board powers and duties in
242	relation to use of land for affordable housing in certain
243	areas for certain personnel; amending s. 166.0451, F.S.;
244	requiring municipalities to certify that they have
245	prepared a list of county-owned property appropriate for
246	affordable housing before obtaining certain funding;
247	amending s. 253.034, F.S.; requiring that a manager of
248	conservation lands report to the Board of Trustees of the
249	Internal Improvement Trust Fund at specified intervals
250	regarding those lands not being used for the purpose for
251	which they were originally leased; requiring that the
252	Division of State Lands annually submit to the President
253	of the Senate and the Speaker of the House of
254	Representatives a copy of the state inventory identifying
255	all nonconservation lands; requiring the division to
256	publish a copy of the annual inventory on its website and
257	notify by electronic mail the executive head of the
258	governing body of each local government having lands in
259	the inventory within its jurisdiction; amending s. 421.08,
260	F.S.; limiting the authority of housing authorities under
261	certain circumstances; directing the Department of
262	Transportation to establish an approved transportation
263	methodology for certain purpose; providing requirements;
264	requiring a report; repealing s. 420.9078, F.S., relating
265	to state administration of funds remaining in the Local
266	Government Housing Trust Fund; providing appropriations;
267	providing an effective date.
268
269	Be It Enacted by the Legislature of the State of Florida:
270
271	Section 1.  Section 125.379, Florida Statutes, is amended
272	to read:
273	125.379  Disposition of county property for affordable
274	housing.--
275	(1)  By July 1, 2007, and every 3 years thereafter, each
276	county shall prepare an inventory list of all real property
277	within its jurisdiction to which the county holds fee simple
278	title that is appropriate for use as affordable housing. The
279	inventory list must include the address and legal description of
280	each such real property and specify whether the property is
281	vacant or improved. The governing body of the county must review
282	the inventory list at a public hearing and may revise it at the
283	conclusion of the public hearing. The governing body of the
284	county shall adopt a resolution that includes an inventory list
285	of the such property following the public hearing.
286	(2)  The properties identified as appropriate for use as
287	affordable housing on the inventory list adopted by the county
288	may be offered for sale and the proceeds used to purchase land
289	for the development of affordable housing or to increase the
290	local government fund earmarked for affordable housing, or may
291	be sold with a restriction that requires the development of the
292	property as permanent affordable housing, or may be donated to a
293	nonprofit housing organization for the construction of permanent
294	affordable housing. Alternatively, the county may otherwise make
295	the property available for use for the production and
296	preservation of permanent affordable housing. For purposes of
297	this section, the term "affordable" has the same meaning as in
298	s. 420.0004(3).
299	(3)  As a precondition to receiving any state affordable
300	housing funding or allocation for any project or program within
301	a county's jurisdiction, a county must, by July 1 of each year,
302	provide certification that the inventory and any update required
303	by this section are complete.
304	Section 2.  Subsection (12) of section 163.3167, Florida
305	Statutes, is amended to read:
306	163.3167  Scope of act.--
307	(12)  An initiative or referendum process in regard to any
308	of the following is prohibited:
309	(a)  Any development order; or
310	(b)  in regard to Any local comprehensive plan amendment or
311	map amendment that affects five or fewer parcels of land is
312	prohibited.
313	Section 3.  Paragraph (b) of subsection (3),  paragraphs
314	(a), (c), (f), (g), and (h) of subsection (6), and subsections
315	(13) and (14) of section 163.3177, Florida Statutes, are amended
316	to read:
317	163.3177  Required and optional elements of comprehensive
318	plan; studies and surveys.--
319	(3)
320	(b)1.  The capital improvements element must be reviewed on
321	an annual basis and modified as necessary in accordance with s.
322	163.3187 or s. 163.3189 in order to maintain a financially
323	feasible 5-year schedule of capital improvements. Corrections
324	and modifications concerning costs; revenue sources; or
325	acceptance of facilities pursuant to dedications which are
326	consistent with the plan may be accomplished by ordinance and
327	shall not be deemed to be amendments to the local comprehensive
328	plan. A copy of the ordinance shall be transmitted to the state
329	land planning agency. An amendment to the comprehensive plan is
330	required to update the schedule on an annual basis or to
331	eliminate, defer, or delay the construction for any facility
332	listed in the 5-year schedule. All public facilities must be
333	consistent with the capital improvements element. Amendments to
334	implement this section must be adopted and transmitted no later
335	than December 1, 2009 2008. Thereafter, a local government may
336	not amend its future land use map, except for plan amendments to
337	meet new requirements under this part and emergency amendments
338	pursuant to s. 163.3187(1)(b) 163.3187(1)(a), after December 1,
339	2009 2008, and every year thereafter, unless and until the local
340	government has adopted the annual update and it has been
341	transmitted to the state land planning agency.
342	2.  Capital improvements element amendments adopted after
343	the effective date of this act shall require only a single
344	public hearing before the governing board which shall be an
345	adoption hearing as described in s. 163.3184(7). Such amendments
346	are not subject to the requirements of s. 163.3184(3)-(6).
347	(6)  In addition to the requirements of subsections (1)-(5)
348	and (12), the comprehensive plan shall include the following
349	elements:
350	(a)  A future land use plan element designating proposed
351	future general distribution, location, and extent of the uses of
352	land for residential uses, commercial uses, industry,
353	agriculture, recreation, conservation, education, public
354	buildings and grounds, other public facilities, and other
355	categories of the public and private uses of land. Counties are
356	encouraged to designate rural land stewardship areas, pursuant
357	to the provisions of paragraph (11)(d), as overlays on the
358	future land use map.
359	1.  Each future land use category must be defined in terms
360	of uses included, and must include standards to be followed in
361	the control and distribution of population densities and
362	building and structure intensities. The proposed distribution,
363	location, and extent of the various categories of land use shall
364	be shown on a land use map or map series which shall be
365	supplemented by goals, policies, and measurable objectives.
366	2.  The future land use plan shall be based upon surveys,
367	studies, and data regarding the area, including the amount of
368	land required to accommodate anticipated growth; the projected
369	population of the area; the character of undeveloped land; the
370	availability of water supplies, public facilities, and services;
371	the need for redevelopment, including the renewal of blighted
372	areas and the elimination of nonconforming uses which are
373	inconsistent with the character of the community; the
374	compatibility of uses on lands adjacent to or closely proximate
375	to military installations; the discouragement of urban sprawl;
376	energy-efficient land use patterns that reduce vehicle miles
377	traveled; and, in rural communities, the need for job creation,
378	capital investment, and economic development that will
379	strengthen and diversify the community's economy.
380	3.  The future land use plan may designate areas for future
381	planned development use involving combinations of types of uses
382	for which special regulations may be necessary to ensure
383	development in accord with the principles and standards of the
384	comprehensive plan and this act.
385	4.  The future land use plan element shall include criteria
386	to be used to achieve the compatibility of adjacent or closely
387	proximate lands with military installations.
388	5.  In addition, For rural communities, the amount of land
389	designated for future planned industrial use shall be based upon
390	the need to mitigate conditions described in s. 288.0656(2)(c)
391	and shall surveys and studies that reflect the need for job
392	creation, capital investment, and the necessity to strengthen
393	and diversify the local economies, and shall not be limited
394	solely by the projected population of the rural community.
395	6.  The future land use plan of a county may also designate
396	areas for possible future municipal incorporation.
397	7.  The land use maps or map series shall generally
398	identify and depict historic district boundaries and shall
399	designate historically significant properties meriting
400	protection.
401	8.  For coastal counties, the future land use element must
402	include, without limitation, regulatory incentives and criteria
403	that encourage the preservation of recreational and commercial
404	working waterfronts as defined in s. 342.07.
405	9.  The future land use element must clearly identify the
406	land use categories in which public schools are an allowable
407	use. When delineating such the land use categories in which
408	public schools are an allowable use, a local government shall
409	include in the categories sufficient land proximate to
410	residential development to meet the projected needs for schools
411	in coordination with public school boards and may establish
412	differing criteria for schools of different type or size. Each
413	local government shall include lands contiguous to existing
414	school sites, to the maximum extent possible, within the land
415	use categories in which public schools are an allowable use. The
416	failure by a local government to comply with these school siting
417	requirements will result in the prohibition of The local
418	government may not government's ability to amend the local
419	comprehensive plan, except for plan amendments described in s.
420	163.3187(1)(b), until the school siting requirements are met.
421	Amendments proposed by a local government for purposes of
422	identifying the land use categories in which public schools are
423	an allowable use are exempt from the limitation on the frequency
424	of plan amendments contained in s. 163.3187. The future land use
425	element shall include criteria that encourage the location of
426	schools proximate to urban residential areas to the extent
427	possible and shall require that the local government seek to
428	collocate public facilities, such as parks, libraries, and
429	community centers, with schools to the extent possible and to
430	encourage the use of elementary schools as focal points for
431	neighborhoods. For schools serving predominantly rural counties,
432	defined as a county having with a population of 100,000 or
433	fewer, an agricultural land use category shall be eligible for
434	the location of public school facilities if the local
435	comprehensive plan contains school siting criteria and the
436	location is consistent with such criteria. Local governments
437	required to update or amend their comprehensive plan to include
438	criteria and address compatibility of adjacent or closely
439	proximate lands with existing military installations in their
440	future land use plan element shall transmit the update or
441	amendment to the department by June 30, 2006.
442	(c)  A general sanitary sewer, solid waste, drainage,
443	potable water, and natural groundwater aquifer recharge element
444	correlated to principles and guidelines for future land use,
445	indicating ways to provide for future potable water, drainage,
446	sanitary sewer, solid waste, and aquifer recharge protection
447	requirements for the area. The element may be a detailed
448	engineering plan including a topographic map depicting areas of
449	prime groundwater recharge. The element shall describe the
450	problems and needs and the general facilities that will be
451	required for solution of the problems and needs. The element
452	shall also include a topographic map depicting any areas adopted
453	by a regional water management district as prime groundwater
454	recharge areas for the Floridan or Biscayne aquifers. These
455	areas shall be given special consideration when the local
456	government is engaged in zoning or considering future land use
457	for said designated areas. For areas served by septic tanks,
458	soil surveys shall be provided which indicate the suitability of
459	soils for septic tanks. Within 18 months after the governing
460	board approves an updated regional water supply plan, the
461	element must incorporate the alternative water supply project or
462	projects selected by the local government from those identified
463	in the regional water supply plan pursuant to s. 373.0361(2)(a)
464	or proposed by the local government under s. 373.0361(7)(b). If
465	a local government is located within two water management
466	districts, the local government shall adopt its comprehensive
467	plan amendment within 18 months after the later updated regional
468	water supply plan. The element must identify such alternative
469	water supply projects and traditional water supply projects and
470	conservation and reuse necessary to meet the water needs
471	identified in s. 373.0361(2)(a) within the local government's
472	jurisdiction and include a work plan, covering at least a 10
473	year planning period, for building public, private, and regional
474	water supply facilities, including development of alternative
475	water supplies, which are identified in the element as necessary
476	to serve existing and new development. The work plan shall be
477	updated, at a minimum, every 5 years within 18 months after the
478	governing board of a water management district approves an
479	updated regional water supply plan. Amendments to incorporate
480	the work plan do not count toward the limitation on the
481	frequency of adoption of amendments to the comprehensive plan.
482	Local governments, public and private utilities, regional water
483	supply authorities, special districts, and water management
484	districts are encouraged to cooperatively plan for the
485	development of multijurisdictional water supply facilities that
486	are sufficient to meet projected demands for established
487	planning periods, including the development of alternative water
488	sources to supplement traditional sources of groundwater and
489	surface water supplies.
490	(f)1.  A housing element consisting of standards, plans,
491	and principles to be followed in:
492	a.  The provision of housing for all current and
493	anticipated future residents of the jurisdiction.
494	b.  The elimination of substandard dwelling conditions.
495	c.  The structural and aesthetic improvement of existing
496	housing.
497	d.  The provision of adequate sites for future housing,
498	including affordable workforce housing as defined in s.
499	380.0651(3)(j), housing for low-income, very low-income, and
500	moderate-income families, mobile homes, senior affordable
501	housing, and group home facilities and foster care facilities,
502	with supporting infrastructure and public facilities. This
503	includes compliance with the applicable public lands provision
504	under s. 125.379 or s. 166.0451.
505	e.  Provision for relocation housing and identification of
506	historically significant and other housing for purposes of
507	conservation, rehabilitation, or replacement.
508	f.  The formulation of housing implementation programs.
509	g.  The creation or preservation of affordable housing to
510	minimize the need for additional local services and avoid the
511	concentration of affordable housing units only in specific areas
512	of the jurisdiction.
513	(I)h.  By July 1, 2008, each county in which the gap
514	between the buying power of a family of four and the median
515	county home sale price exceeds $170,000, as determined by the
516	Florida Housing Finance Corporation, and which is not designated
517	as an area of critical state concern shall adopt a plan for
518	ensuring affordable workforce housing. At a minimum, the plan
519	shall identify adequate sites for such housing. For purposes of
520	this sub-subparagraph, the term "workforce housing" means
521	housing that is affordable to natural persons or families whose
522	total household income does not exceed 140 percent of the area
523	median income, adjusted for household size.
524	(II)i.  As a precondition to receiving any state affordable
525	housing funding or allocation for any project or program within
526	the jurisdiction of a county that is subject to sub-sub-
527	subparagraph (I), a county must, by July 1 of each year, provide
528	certification that the county has complied with the requirements
529	of sub-sub-subparagraph (I). Failure by a local government to
530	comply with the requirement in sub-subparagraph h. will result
531	in the local government being ineligible to receive any state
532	housing assistance grants until the requirement of sub-
533	subparagraph h. is met.
534	2.  The goals, objectives, and policies of the housing
535	element must be based on the data and analysis prepared on
536	housing needs, including the affordable housing needs
537	assessment. State and federal housing plans prepared on behalf
538	of the local government must be consistent with the goals,
539	objectives, and policies of the housing element. Local
540	governments are encouraged to use utilize job training, job
541	creation, and economic solutions to address a portion of their
542	affordable housing concerns.
543	3.2.  To assist local governments in housing data
544	collection and analysis and assure uniform and consistent
545	information regarding the state's housing needs, the state land
546	planning agency shall conduct an affordable housing needs
547	assessment for all local jurisdictions on a schedule that
548	coordinates the implementation of the needs assessment with the
549	evaluation and appraisal reports required by s. 163.3191. Each
550	local government shall use utilize the data and analysis from
551	the needs assessment as one basis for the housing element of its
552	local comprehensive plan. The agency shall allow a local
553	government the option to perform its own needs assessment, if it
554	uses the methodology established by the agency by rule.
555	(g)1.  For those units of local government identified in s.
556	380.24, a coastal management element, appropriately related to
557	the particular requirements of paragraphs (d) and (e) and
558	meeting the requirements of s. 163.3178(2) and (3). The coastal
559	management element shall set forth the policies that shall guide
560	the local government's decisions and program implementation with
561	respect to the following objectives:
562	a.  Maintenance, restoration, and enhancement of the
563	overall quality of the coastal zone environment, including, but
564	not limited to, its amenities and aesthetic values.
565	b.  Continued existence of viable populations of all
566	species of wildlife and marine life.
567	c.  The orderly and balanced utilization and preservation,
568	consistent with sound conservation principles, of all living and
569	nonliving coastal zone resources.
570	d.  Avoidance of irreversible and irretrievable loss of
571	coastal zone resources.
572	e.  Ecological planning principles and assumptions to be
573	used in the determination of suitability and extent of permitted
574	development.
575	f.  Proposed management and regulatory techniques.
576	g.  Limitation of public expenditures that subsidize
577	development in high-hazard coastal areas.
578	h.  Protection of human life against the effects of natural
579	disasters.
580	i.  The orderly development, maintenance, and use of ports
581	identified in s. 403.021(9) to facilitate deepwater commercial
582	navigation and other related activities.
583	j.  Preservation, including sensitive adaptive use of
584	historic and archaeological resources.
585	2.  As part of this element, a local government that has a
586	coastal management element in its comprehensive plan is
587	encouraged to adopt recreational surface water use policies that
588	include applicable criteria for and consider such factors as
589	natural resources, manatee protection needs, protection of
590	working waterfronts and public access to the water, and
591	recreation and economic demands. Criteria for manatee protection
592	in the recreational surface water use policies should reflect
593	applicable guidance outlined in the Boat Facility Siting Guide
594	prepared by the Fish and Wildlife Conservation Commission. If
595	the local government elects to adopt recreational surface water
596	use policies by comprehensive plan amendment, such comprehensive
597	plan amendment is exempt from the provisions of s. 163.3187(1).
598	Local governments that wish to adopt recreational surface water
599	use policies may be eligible for assistance with the development
600	of such policies through the Florida Coastal Management Program.
601	The Office of Program Policy Analysis and Government
602	Accountability shall submit a report on the adoption of
603	recreational surface water use policies under this subparagraph
604	to the President of the Senate, the Speaker of the House of
605	Representatives, and the majority and minority leaders of the
606	Senate and the House of Representatives no later than December
607	1, 2010.
608	(h)1.  An intergovernmental coordination element showing
609	relationships and stating principles and guidelines to be used
610	in the accomplishment of coordination of the adopted
611	comprehensive plan with the plans of school boards, regional
612	water supply authorities, and other units of local government
613	providing services but not having regulatory authority over the
614	use of land, with the comprehensive plans of adjacent
615	municipalities, the county, adjacent counties, or the region,
616	with the state comprehensive plan and with the applicable
617	regional water supply plan approved pursuant to s. 373.0361, as
618	the case may require and as such adopted plans or plans in
619	preparation may exist. This element of the local comprehensive
620	plan shall demonstrate consideration of the particular effects
621	of the local plan, when adopted, upon the development of
622	adjacent municipalities, the county, adjacent counties, or the
623	region, or upon the state comprehensive plan, as the case may
624	require.
625	a.  The intergovernmental coordination element shall
626	provide for procedures to identify and implement joint planning
627	areas, especially for the purpose of annexation, municipal
628	incorporation, and joint infrastructure service areas.
629	b.  The intergovernmental coordination element shall
630	provide for recognition of campus master plans prepared pursuant
631	to s. 1013.30.
632	c.  The intergovernmental coordination element may provide
633	for a voluntary dispute resolution process as established
634	pursuant to s. 186.509 for bringing to closure in a timely
635	manner intergovernmental disputes. A local government may
636	develop and use an alternative local dispute resolution process
637	for this purpose.
638	2.  The intergovernmental coordination element shall
639	further state principles and guidelines to be used in the
640	accomplishment of coordination of the adopted comprehensive plan
641	with the plans of school boards and other units of local
642	government providing facilities and services but not having
643	regulatory authority over the use of land. In addition, the
644	intergovernmental coordination element shall describe joint
645	processes for collaborative planning and decisionmaking on
646	population projections and public school siting, the location
647	and extension of public facilities subject to concurrency, and
648	siting facilities with countywide significance, including
649	locally unwanted land uses whose nature and identity are
650	established in an agreement. Within 1 year of adopting their
651	intergovernmental coordination elements, each county, all the
652	municipalities within that county, the district school board,
653	and any unit of local government service providers in that
654	county shall establish by interlocal or other formal agreement
655	executed by all affected entities, the joint processes described
656	in this subparagraph consistent with their adopted
657	intergovernmental coordination elements.
658	3.  To foster coordination between special districts and
659	local general-purpose governments as local general-purpose
660	governments implement local comprehensive plans, each
661	independent special district must submit a public facilities
662	report to the appropriate local government as required by s.
663	189.415.
664	4.a.  Local governments must execute an interlocal
665	agreement with the district school board, the county, and
666	nonexempt municipalities pursuant to s. 163.31777. The local
667	government shall amend the intergovernmental coordination
668	element to provide that coordination between the local
669	government and school board is pursuant to the agreement and
670	shall state the obligations of the local government under the
671	agreement.
672	b.  Plan amendments that comply with this subparagraph are
673	exempt from the provisions of s. 163.3187(1).
674	5.  The state land planning agency shall establish a
675	schedule for phased completion and transmittal of plan
676	amendments to implement subparagraphs 1., 2., and 3. from all
677	jurisdictions so as to accomplish their adoption by December 31,
678	1999. A local government may complete and transmit its plan
679	amendments to carry out these provisions prior to the scheduled
680	date established by the state land planning agency. The plan
681	amendments are exempt from the provisions of s. 163.3187(1).
682	6.  By January 1, 2004, any county having a population
683	greater than 100,000, and the municipalities and special
684	districts within that county, shall submit a report to the
685	Department of Community Affairs which:
686	a.  Identifies all existing or proposed interlocal service
687	delivery agreements regarding the following: education; sanitary
688	sewer; public safety; solid waste; drainage; potable water;
689	parks and recreation; and transportation facilities.
690	b.  Identifies any deficits or duplication in the provision
691	of services within its jurisdiction, whether capital or
692	operational. Upon request, the Department of Community Affairs
693	shall provide technical assistance to the local governments in
694	identifying deficits or duplication.
695	7.  Within 6 months after submission of the report, the
696	Department of Community Affairs shall, through the appropriate
697	regional planning council, coordinate a meeting of all local
698	governments within the regional planning area to discuss the
699	reports and potential strategies to remedy any identified
700	deficiencies or duplications.
701	8.  Each local government shall update its
702	intergovernmental coordination element based upon the findings
703	in the report submitted pursuant to subparagraph 6. The report
704	may be used as supporting data and analysis for the
705	intergovernmental coordination element.
706	(13)  Local governments are encouraged to develop a
707	community vision that provides for sustainable growth,
708	recognizes its fiscal constraints, and protects its natural
709	resources. At the request of a local government, the applicable
710	regional planning council shall provide assistance in the
711	development of a community vision.
712	(a)  As part of the process of developing a community
713	vision under this section, the local government must hold two
714	public meetings with at least one of those meetings before the
715	local planning agency. Before those public meetings, the local
716	government must hold at least one public workshop with
717	stakeholder groups such as neighborhood associations, community
718	organizations, businesses, private property owners, housing and
719	development interests, and environmental organizations.
720	(b)  The local government must, at a minimum, discuss five
721	of the following topics as part of the workshops and public
722	meetings required under paragraph (a):
723	1.  Future growth in the area using population forecasts
724	from the Bureau of Economic and Business Research;
725	2.  Priorities for economic development;
726	3.  Preservation of open space, environmentally sensitive
727	lands, and agricultural lands;
728	4.  Appropriate areas and standards for mixed-use
729	development;
730	5.  Appropriate areas and standards for high-density
731	commercial and residential development;
732	6.  Appropriate areas and standards for economic
733	development opportunities and employment centers;
734	7.  Provisions for adequate workforce housing;
735	8.  An efficient, interconnected multimodal transportation
736	system; and
737	9.  Opportunities to create land use patterns that
738	accommodate the issues listed in subparagraphs 1.-8.
739	(c)  As part of the workshops and public meetings, the
740	local government must discuss strategies for addressing the
741	topics discussed under paragraph (b), including:
742	1.  Strategies to preserve open space and environmentally
743	sensitive lands, and to encourage a healthy agricultural
744	economy, including innovative planning and development
745	strategies, such as the transfer of development rights;
746	2.  Incentives for mixed-use development, including
747	increased height and intensity standards for buildings that
748	provide residential use in combination with office or commercial
749	space;
750	3.  Incentives for workforce housing;
751	4.  Designation of an urban service boundary pursuant to
752	subsection (2); and
753	5.  Strategies to provide mobility within the community and
754	to protect the Strategic Intermodal System, including the
755	development of a transportation corridor management plan under
756	s. 337.273.
757	(d)  The community vision must reflect the community's
758	shared concept for growth and development of the community,
759	including visual representations depicting the desired land use
760	patterns and character of the community during a 10-year
761	planning timeframe. The community vision must also take into
762	consideration economic viability of the vision and private
763	property interests.
764	(e)  After the workshops and public meetings required under
765	paragraph (a) are held, the local government may amend its
766	comprehensive plan to include the community vision as a
767	component in the plan. This plan amendment must be transmitted
768	and adopted pursuant to the procedures in ss. 163.3184 and
769	163.3189 at public hearings of the governing body other than
770	those identified in paragraph (a).
771	(f)  Amendments submitted under this subsection are exempt
772	from the limitation on the frequency of plan amendments in s.
773	163.3187.
774	(g)  A local government that has developed a community
775	vision or completed a visioning process after July 1, 2000, and
776	before July 1, 2005, which substantially accomplishes the goals
777	set forth in this subsection and the appropriate goals,
778	policies, or objectives have been adopted as part of the
779	comprehensive plan or reflected in subsequently adopted land
780	development regulations and the plan amendment incorporating the
781	community vision as a component has been found in compliance is
782	eligible for the incentives in s. 163.3184(17).
783	(14)  Local governments are also encouraged to designate an
784	urban service boundary. This area must be appropriate for
785	compact, contiguous urban development within a 10-year planning
786	timeframe. The urban service area boundary must be identified on
787	the future land use map or map series. The local government
788	shall demonstrate that the land included within the urban
789	service boundary is served or is planned to be served with
790	adequate public facilities and services based on the local
791	government's adopted level-of-service standards by adopting a
792	10-year facilities plan in the capital improvements element
793	which is financially feasible. The local government shall
794	demonstrate that the amount of land within the urban service
795	boundary does not exceed the amount of land needed to
796	accommodate the projected population growth at densities
797	consistent with the adopted comprehensive plan within the 10-
798	year planning timeframe.
799	(a)  As part of the process of establishing an urban
800	service boundary, the local government must hold two public
801	meetings with at least one of those meetings before the local
802	planning agency. Before those public meetings, the local
803	government must hold at least one public workshop with
804	stakeholder groups such as neighborhood associations, community
805	organizations, businesses, private property owners, housing and
806	development interests, and environmental organizations.
807	(b)1.  After the workshops and public meetings required
808	under paragraph (a) are held, the local government may amend its
809	comprehensive plan to include the urban service boundary. This
810	plan amendment must be transmitted and adopted pursuant to the
811	procedures in ss. 163.3184 and 163.3189 at meetings of the
812	governing body other than those required under paragraph (a).
813	2.  This subsection does not prohibit new development
814	outside an urban service boundary. However, a local government
815	that establishes an urban service boundary under this subsection
816	is encouraged to require a full-cost-accounting analysis for any
817	new development outside the boundary and to consider the results
818	of that analysis when adopting a plan amendment for property
819	outside the established urban service boundary.
820	(c)  Amendments submitted under this subsection are exempt
821	from the limitation on the frequency of plan amendments in s.
822	163.3187.
823	(d)  A local government that has adopted an urban service
824	boundary before July 1, 2005, which substantially accomplishes
825	the goals set forth in this subsection is not required to comply
826	with paragraph (a) or subparagraph 1. of paragraph (b) in order
827	to be eligible for the incentives under s. 163.3184(17). In
828	order to satisfy the provisions of this paragraph, the local
829	government must secure a determination from the state land
830	planning agency that the urban service boundary adopted before
831	July 1, 2005, substantially complies with the criteria of this
832	subsection, based on data and analysis submitted by the local
833	government to support this determination. The determination by
834	the state land planning agency is not subject to administrative
835	challenge.
836	Section 4.  Subsections (3), (4), (5), and (6) of section
837	163.31771, Florida Statutes, are amended to read:
838	163.31771  Accessory dwelling units.--
839	(3)  Upon a finding by a local government that there is a
840	shortage of affordable rentals within its jurisdiction, the
841	local government may amend its comprehensive plan adopt an
842	ordinance to allow accessory dwelling units in any area zoned
843	for single-family residential use.
844	(4)  If the local government amends its comprehensive plan
845	pursuant to adopts an ordinance under this section, an
846	application for a building permit to construct an accessory
847	dwelling unit must include an affidavit from the applicant which
848	attests that the unit will be rented at an affordable rate to an
849	extremely-low-income, very-low-income, low-income, or moderate-
850	income person or persons.
851	(5)  Each accessory dwelling unit allowed by the
852	comprehensive plan an ordinance adopted under this section shall
853	apply toward satisfying the affordable housing component of the
854	housing element in the local government's comprehensive plan
855	under s. 163.3177(6)(f). If such unit is subject to a recorded
856	land use restriction agreement restricting its use to affordable
857	housing, the unit may not be treated as a new unit for purposes
858	of transportation concurrency or impact fees. Accessory dwelling
859	units may not be located on land within a coastal high-hazard
860	area, an area of critical state concern, or on lands identified
861	as environmentally sensitive in the local comprehensive plan.
862	(6)  The Department of Community Affairs shall evaluate the
863	effectiveness of using accessory dwelling units to address a
864	local government's shortage of affordable housing and report to
865	the Legislature by January 1, 2007. The report must specify the
866	number of ordinances adopted by a local government under this
867	section and the number of accessory dwelling units that were
868	created under these ordinances.
869	Section 5.  Section 163.3180, Florida Statutes, is amended
870	to read:
871	163.3180  Concurrency.--
872	(1)  APPLICABILITY OF CONCURRENCY REQUIREMENT.--
873	(a)  Public facility types.--Sanitary sewer, solid waste,
874	drainage, potable water, parks and recreation, schools, and
875	transportation facilities, including mass transit, where
876	applicable, are the only public facilities and services subject
877	to the concurrency requirement on a statewide basis. Additional
878	public facilities and services may not be made subject to
879	concurrency on a statewide basis without appropriate study and
880	approval by the Legislature; however, any local government may
881	extend the concurrency requirement so that it applies to apply
882	to additional public facilities within its jurisdiction.
883	(b)  Transportation methodologies.--Local governments shall
884	use professionally accepted techniques for measuring level of
885	service for automobiles, bicycles, pedestrians, transit, and
886	trucks. These techniques may be used to evaluate increased
887	accessibility by multiple modes and reductions in vehicle miles
888	of travel in an area or zone. The state land planning agency and
889	the Department of Transportation shall develop methodologies to
890	assist local governments in implementing this multimodal level-
891	of-service analysis and. The Department of Community Affairs and
892	the Department of Transportation shall provide technical
893	assistance to local governments in applying the these
894	methodologies.
895	(2)  PUBLIC FACILITY AVAILABILITY STANDARDS.--
896	(a)  Sanitary sewer, solid waste, drainage, adequate water
897	supply, and potable water facilities.--Consistent with public
898	health and safety, sanitary sewer, solid waste, drainage,
899	adequate water supplies, and potable water facilities shall be
900	in place and available to serve new development no later than
901	the issuance by the local government of a certificate of
902	occupancy or its functional equivalent. Prior to approval of a
903	building permit or its functional equivalent, the local
904	government shall consult with the applicable water supplier to
905	determine whether adequate water supplies to serve the new
906	development will be available by no later than the anticipated
907	date of issuance by the local government of the a certificate of
908	occupancy or its functional equivalent. A local government may
909	meet the concurrency requirement for sanitary sewer through the
910	use of onsite sewage treatment and disposal systems approved by
911	the Department of Health to serve new development.
912	(b)  Parks and recreation facilities.--Consistent with the
913	public welfare, and except as otherwise provided in this
914	section, parks and recreation facilities to serve new
915	development shall be in place or under actual construction
916	within no later than 1 year after issuance by the local
917	government of a certificate of occupancy or its functional
918	equivalent. However, the acreage for such facilities must shall
919	be dedicated or be acquired by the local government prior to
920	issuance by the local government of the a certificate of
921	occupancy or its functional equivalent, or funds in the amount
922	of the developer's fair share shall be committed no later than
923	the local government's approval to commence construction.
924	(c)  Transportation facilities.--Consistent with the public
925	welfare, and except as otherwise provided in this section,
926	transportation facilities needed to serve new development must
927	shall be in place or under actual construction within 3 years
928	after the local government approves a building permit or its
929	functional equivalent that results in traffic generation.
930	(3)  ESTABLISHING LEVEL-OF-SERVICE STANDARDS.--Governmental
931	entities that are not responsible for providing, financing,
932	operating, or regulating public facilities needed to serve
933	development may not establish binding level-of-service standards
934	on governmental entities that do bear those responsibilities.
935	This subsection does not limit the authority of any agency to
936	recommend or make objections, recommendations, comments, or
937	determinations during reviews conducted under s. 163.3184.
938	(4)  APPLICATION OF CONCURRENCY TO PUBLIC FACILITIES.--
939	(a)  State and other public facilities.--The concurrency
940	requirement as implemented in local comprehensive plans applies
941	to state and other public facilities and development to the same
942	extent that it applies to all other facilities and development,
943	as provided by law.
944	(b)  Public transit facilities.--The concurrency
945	requirement as implemented in local comprehensive plans does not
946	apply to public transit facilities. For the purposes of this
947	paragraph, public transit facilities include transit stations
948	and terminals; transit station parking; park-and-ride lots;
949	intermodal public transit connection or transfer facilities;
950	fixed bus, guideway, and rail stations; and airport passenger
951	terminals and concourses, air cargo facilities, and hangars for
952	the maintenance or storage of aircraft. As used in this
953	paragraph, the terms "terminals" and "transit facilities" do not
954	include seaports or commercial or residential development
955	constructed in conjunction with a public transit facility.
956	(c)  Infill and redevelopment areas.--The concurrency
957	requirement, except as it relates to transportation facilities
958	and public schools, as implemented in local government
959	comprehensive plans, may be waived by a local government for
960	urban infill and redevelopment areas designated pursuant to s.
961	163.2517 if such a waiver does not endanger public health or
962	safety as defined by the local government in its local
963	government comprehensive plan. The waiver must shall be adopted
964	as a plan amendment using pursuant to the process set forth in
965	s. 163.3187(3)(a). A local government may grant a concurrency
966	exception pursuant to subsection (5) for transportation
967	facilities located within these urban infill and redevelopment
968	areas.
969	(5)  COUNTERVAILING PLANNING AND PUBLIC POLICY GOALS.--
970	(a)  Legislative findings.--The Legislature finds that
971	under limited circumstances dealing with transportation
972	facilities, countervailing planning and public policy goals may
973	come into conflict with the requirement that adequate public
974	transportation facilities and services be available concurrent
975	with the impacts of such development. The Legislature further
976	finds that often the unintended result of the concurrency
977	requirement for transportation facilities is often the
978	discouragement of urban infill development and redevelopment.
979	Such unintended results directly conflict with the goals and
980	policies of the state comprehensive plan and the intent of this
981	part. The Legislature finds that in urban centers transportation
982	cannot be effectively managed and mobility cannot be improved
983	solely through expansion of roadway capacity, that in many urban
984	areas the expansion of roadway capacity is not always physically
985	or financially possible, and that a range of transportation
986	alternatives are essential to satisfy mobility needs, reduce
987	congestion, and achieve healthy, vibrant centers. Therefore,
988	exceptions from the concurrency requirement for transportation
989	facilities may be granted as provided by this subsection.
990	(b)  Geographic applicability of transportation concurrency
991	exception areas.--
992	1.  Transportation concurrency exception areas are
993	established for those geographic areas identified in the
994	comprehensive plan for urban infill development, urban
995	redevelopment, downtown revitalization, or urban infill and
996	redevelopment under s. 163.2517.
997	2.  A local government may grant an exception from the
998	concurrency requirement for transportation facilities if the
999	proposed development is otherwise consistent with the adopted
1000	local government comprehensive plan and is a project that
1001	promotes public transportation or is located within an area
1002	designated in the comprehensive plan as for:
1003	1.  Urban infill development;
1004	2.  Urban redevelopment;
1005	3.  Downtown revitalization;
1006	4.  Urban infill and redevelopment under s. 163.2517; or
1007	5.  an urban service area specifically designated as a
1008	transportation concurrency exception area which includes lands
1009	appropriate for compact, contiguous urban development, which
1010	does not exceed the amount of land needed to accommodate the
1011	projected population growth at densities consistent with the
1012	adopted comprehensive plan within the 10-year planning period,
1013	and which is served or is planned to be served with public
1014	facilities and services as provided by the capital improvements
1015	element.
1016	(c)  Projects with special part-time demands.--The
1017	Legislature also finds that developments located within urban
1018	infill, urban redevelopment, existing urban service, or downtown
1019	revitalization areas or areas designated as urban infill and
1020	redevelopment areas under s. 163.2517 which pose only special
1021	part-time demands on the transportation system should be
1022	excepted from the concurrency requirement for transportation
1023	facilities. A special part-time demand is one that does not have
1024	more than 200 scheduled events during any calendar year and does
1025	not affect the 100 highest traffic volume hours.
1026	(d)  Establishment of concurrency exception areas.--For
1027	transportation concurrency exception areas adopted pursuant to
1028	subparagraph (b)2., the following requirements apply:
1029	1.  A local government shall establish guidelines in the
1030	comprehensive plan for granting the transportation concurrency
1031	exceptions that authorized in paragraphs (b) and (c) and
1032	subsections (7) and (15) which must be consistent with and
1033	support a comprehensive strategy adopted in the plan to promote
1034	and facilitate development consistent with the planning and
1035	public policy goals upon which the establishment of the
1036	concurrency exception areas was predicated the purpose of the
1037	exceptions.
1038	2.(e)  The local government shall adopt into the plan and
1039	implement long-term strategies to support and fund mobility
1040	within the designated exception area, including alternative
1041	modes of transportation. The plan amendment must also
1042	demonstrate how strategies will support the purpose of the
1043	exception and how mobility within the designated exception area
1044	will be provided. In addition, the strategies must address urban
1045	design; appropriate land use mixes, including intensity and
1046	density; and network connectivity plans needed to promote urban
1047	infill, redevelopment, or downtown revitalization. The
1048	comprehensive plan amendment designating the concurrency
1049	exception area must be accompanied by data and analysis
1050	justifying the size of the area.
1051	3.(f)  Prior to the designation of a concurrency exception
1052	area pursuant to subparagraph (b)2., the state land planning
1053	agency and the Department of Transportation shall be consulted
1054	by the local government to assess the effect impact that the
1055	proposed exception area is expected to have on the adopted
1056	level-of-service standards established for Strategic Intermodal
1057	System facilities, as defined in s. 339.64, and roadway
1058	facilities funded in accordance with s. 339.2819. Further, the
1059	local government shall, in consultation with the state land
1060	planning agency and the Department of Transportation, develop a
1061	plan to mitigate any impacts to the Strategic Intermodal System,
1062	including, if appropriate, access management, parallel reliever
1063	roads, transportation demand management, and other measures.
1064	4.  Local governments shall also meet with adjacent
1065	jurisdictions that may be impacted by the designation to discuss
1066	strategies to minimize impacts the development of a long-term
1067	concurrency management system pursuant to subsection (9) and s.
1068	163.3177(3)(d). The exceptions may be available only within the
1069	specific geographic area of the jurisdiction designated in the
1070	plan. Pursuant to s. 163.3184, any affected person may challenge
1071	a plan amendment establishing these guidelines and the areas
1072	within which an exception could be granted.
1073	(g)  Transportation concurrency exception areas existing
1074	prior to July 1, 2005, must, at a minimum, meet the provisions
1075	of this section by July 1, 2006, or at the time of the
1076	comprehensive plan update pursuant to the evaluation and
1077	appraisal report, whichever occurs last.
1078	(6)  DE MINIMIS IMPACT.--The Legislature finds that a de
1079	minimis impact is consistent with this part. A de minimis impact
1080	is an impact that does would not affect more than 1 percent of
1081	the maximum volume at the adopted level of service of the
1082	affected transportation facility as determined by the local
1083	government. An No impact is not will be de minimis if the sum of
1084	existing roadway volumes and the projected volumes from approved
1085	projects on a transportation facility exceeds would exceed 110
1086	percent of the maximum volume at the adopted level of service of
1087	the affected transportation facility; provided however, the that
1088	an impact of a single family home on an existing lot is will
1089	constitute a de minimis impact on all roadways regardless of the
1090	level of the deficiency of the roadway. Further, an no impact is
1091	not will be de minimis if it exceeds would exceed the adopted
1092	level-of-service standard of any affected designated hurricane
1093	evacuation routes. Each local government shall maintain
1094	sufficient records to ensure that the 110-percent criterion is
1095	not exceeded. Each local government shall submit annually, with
1096	its updated capital improvements element, a summary of the de
1097	minimis records. If the state land planning agency determines
1098	that the 110-percent criterion has been exceeded, the state land
1099	planning agency shall notify the local government of the
1100	exceedance and that no further de minimis exceptions for the
1101	applicable roadway may be granted until such time as the volume
1102	is reduced below the 110 percent. The local government shall
1103	provide proof of this reduction to the state land planning
1104	agency before issuing further de minimis exceptions.
1105	(7)  CONCURRENCY MANAGEMENT AREAS.--In order to promote
1106	infill development and redevelopment, one or more transportation
1107	concurrency management areas may be designated in a local
1108	government comprehensive plan. A transportation concurrency
1109	management area must be a compact geographic area that has with
1110	an existing network of roads where multiple, viable alternative
1111	travel paths or modes are available for common trips. A local
1112	government may establish an areawide level-of-service standard
1113	for such a transportation concurrency management area based upon
1114	an analysis that provides for a justification for the areawide
1115	level of service, how urban infill development or redevelopment
1116	will be promoted, and how mobility will be accomplished within
1117	the transportation concurrency management area. Prior to the
1118	designation of a concurrency management area, the local
1119	government shall consult with the state land planning agency and
1120	the Department of Transportation shall be consulted by the local
1121	government to assess the effect impact that the proposed
1122	concurrency management area is expected to have on the adopted
1123	level-of-service standards established for Strategic Intermodal
1124	System facilities, as defined in s. 339.64, and roadway
1125	facilities funded in accordance with s. 339.2819. Further, the
1126	local government shall, in cooperation with the state land
1127	planning agency and the Department of Transportation, develop a
1128	plan to mitigate any impacts to the Strategic Intermodal System,
1129	including, if appropriate, the development of a long-term
1130	concurrency management system pursuant to subsection (9) and s.
1131	163.3177(3)(d). Transportation concurrency management areas
1132	existing prior to July 1, 2005, shall meet, at a minimum, the
1133	provisions of this section by July 1, 2006, or at the time of
1134	the comprehensive plan update pursuant to the evaluation and
1135	appraisal report, whichever occurs last. The state land planning
1136	agency shall amend chapter 9J-5, Florida Administrative Code, to
1137	be consistent with this subsection.
1138	(8)  URBAN REDEVELOPMENT.--When assessing the
1139	transportation impacts of proposed urban redevelopment within an
1140	established existing urban service area, 150 110 percent of the
1141	actual transportation impact caused by the previously existing
1142	development must be reserved for the redevelopment, even if the
1143	previously existing development has a lesser or nonexisting
1144	impact pursuant to the calculations of the local government.
1145	Redevelopment requiring less than 150 110 percent of the
1146	previously existing capacity may shall not be prohibited due to
1147	the reduction of transportation levels of service below the
1148	adopted standards. This does not preclude the appropriate
1149	assessment of fees or accounting for the impacts within the
1150	concurrency management system and capital improvements program
1151	of the affected local government. This paragraph does not affect
1152	local government requirements for appropriate development
1153	permits.
1154	(9)  LONG-TERM CONCURRENCY MANAGEMENT.--
1155	(a)  Each local government may adopt, as a part of its
1156	plan, long-term transportation and school concurrency management
1157	systems that have with a planning period of up to 10 years for
1158	specially designated districts or areas where significant
1159	backlogs exist. The plan may include interim level-of-service
1160	standards on certain facilities and shall rely on the local
1161	government's schedule of capital improvements for up to 10 years
1162	as a basis for issuing development orders that authorize
1163	commencement of construction in these designated districts or
1164	areas. The concurrency management system must be designed to
1165	correct existing deficiencies and set priorities for addressing
1166	backlogged facilities. For a long-term transportation system,
1167	the local government shall consult with the appropriate
1168	metropolitan planning organization in setting priorities for
1169	addressing backlogged facilities. The concurrency management
1170	system must be financially feasible and consistent with other
1171	portions of the adopted local plan, including the future land
1172	use map.
1173	(b)  If a local government has a transportation or school
1174	facility backlog for existing development which cannot be
1175	adequately addressed in a 10-year plan, the state land planning
1176	agency may allow it to develop a plan and long-term schedule of
1177	capital improvements covering up to 15 years for good and
1178	sufficient cause, based on a general comparison between that
1179	local government and all other similarly situated local
1180	jurisdictions, using the following factors:
1181	1.  The extent of the backlog.
1182	2.  For roads, whether the backlog is on local or state
1183	roads.
1184	3.  The cost of eliminating the backlog.
1185	4.  The local government's tax and other revenue-raising
1186	efforts.
1187	(c)  The local government may issue approvals to commence
1188	construction notwithstanding this section, consistent with and
1189	in areas that are subject to a long-term concurrency management
1190	system.
1191	(d)  If the local government adopts a long-term concurrency
1192	management system, it must evaluate the system periodically. At
1193	a minimum, the local government must assess its progress toward
1194	improving levels of service within the long-term concurrency
1195	management district or area in the evaluation and appraisal
1196	report and determine any changes that are necessary to
1197	accelerate progress in meeting acceptable levels of service.
1198	(10)  TRANSPORTATION LEVEL-OF-SERVICE STANDARDS.--With
1199	regard to roadway facilities on the Strategic Intermodal System
1200	designated in accordance with s. ss. 339.61, 339.62, 339.63, and
1201	339.64, the Florida Intrastate Highway System as defined in s.
1202	338.001, and roadway facilities funded in accordance with s.
1203	339.2819, local governments shall adopt the level-of-service
1204	standard established by the Department of Transportation by
1205	rule. For all other roads on the State Highway System, local
1206	governments shall establish an adequate level-of-service
1207	standard that need not be consistent with any level-of-service
1208	standard established by the Department of Transportation. In
1209	establishing adequate level-of-service standards for any
1210	arterial roads, or collector roads as appropriate, which
1211	traverse multiple jurisdictions, local governments shall
1212	consider compatibility with the roadway facility's adopted
1213	level-of-service standards in adjacent jurisdictions. Each local
1214	government within a county shall use a professionally accepted
1215	methodology for measuring impacts on transportation facilities
1216	for the purposes of implementing its concurrency management
1217	system. Counties are encouraged to coordinate with adjacent
1218	counties, and local governments within a county are encouraged
1219	to coordinate, for the purpose of using common methodologies for
1220	measuring impacts on transportation facilities for the purpose
1221	of implementing their concurrency management systems.
1222	(11)  LIMITATION OF LIABILITY.--In order to limit the
1223	liability of local governments, a local government may allow a
1224	landowner to proceed with development of a specific parcel of
1225	land notwithstanding a failure of the development to satisfy
1226	transportation concurrency, if when all the following factors
1227	are shown to exist:
1228	(a)  The local government that has with jurisdiction over
1229	the property has adopted a local comprehensive plan that is in
1230	compliance.
1231	(b)  The proposed development is would be consistent with
1232	the future land use designation for the specific property and
1233	with pertinent portions of the adopted local plan, as determined
1234	by the local government.
1235	(c)  The local plan includes a financially feasible capital
1236	improvements element that provides for transportation facilities
1237	adequate to serve the proposed development, and the local
1238	government has not implemented that element.
1239	(d)  The local government has provided a means for
1240	assessing by which the landowner for will be assessed a fair
1241	share of the cost of providing the transportation facilities
1242	necessary to serve the proposed development.
1243	(e)  The landowner has made a binding commitment to the
1244	local government to pay the fair share of the cost of providing
1245	the transportation facilities to serve the proposed development.
1246	(12)  REGIONAL IMPACT PROPORTIONATE SHARE.--
1247	(a)  A development of regional impact may satisfy the
1248	transportation concurrency requirements of the local
1249	comprehensive plan, the local government's concurrency
1250	management system, and s. 380.06 by payment of a proportionate-
1251	share contribution for local and regionally significant traffic
1252	impacts, if:
1253	1.(a)  The development of regional impact which, based on
1254	its location or mix of land uses, is designed to encourage
1255	pedestrian or other nonautomotive modes of transportation;
1256	2.(b)  The proportionate-share contribution for local and
1257	regionally significant traffic impacts is sufficient to pay for
1258	one or more required mobility improvements that will benefit the
1259	network of a regionally significant transportation facilities if
1260	impacts on the Strategic Intermodal System, the Florida
1261	Intrastate Highway System, and other regionally significant
1262	roadways outside the jurisdiction of the local government are
1263	mitigated based on the prioritization of needed improvements
1264	identified in the regional report pursuant to s. 380.06(12)
1265	facility;
1266	3.(c)  The owner and developer of the development of
1267	regional impact pays or assures payment of the proportionate-
1268	share contribution; and
1269	4.(d)  If The regionally significant transportation
1270	facility to be constructed or improved is under the maintenance
1271	authority of a governmental entity, as defined by s. 334.03
1272	334.03(12), other than the local government that has with
1273	jurisdiction over the development of regional impact, the
1274	developer must is required to enter into a binding and legally
1275	enforceable commitment to transfer funds to the governmental
1276	entity having maintenance authority or to otherwise assure
1277	construction or improvement of the facility.
1278	(b)  The proportionate-share contribution may be applied to
1279	any transportation facility to satisfy the provisions of this
1280	subsection and the local comprehensive plan., but, For the
1281	purposes of this subsection, the amount of the proportionate-
1282	share contribution shall be calculated based upon the cumulative
1283	number of trips from the proposed development expected to reach
1284	roadways during the peak hour from the complete buildout of a
1285	stage or phase being approved, divided by the change in the peak
1286	hour maximum service volume of roadways resulting from
1287	construction of an improvement necessary to maintain the adopted
1288	level of service, multiplied by the construction cost, at the
1289	time of developer payment, of the improvement necessary to
1290	maintain the adopted level of service. If the number of trips
1291	used in a transportation analysis includes trips from an earlier
1292	phase of development, the determination of mitigation for the
1293	subsequent phase of development shall account for any mitigation
1294	required by the development order and provided by the developer
1295	for the earlier phase, calculated at present value. For purposes
1296	of this subsection, the term:
1297	1.  "Present value" means the fair market value of right-
1298	of-way at the time of contribution or the actual dollar value of
1299	the construction improvements at the date of completion adjusted
1300	by the Consumer Price Index.
1301	2.  For purposes of this subsection, "Construction cost"
1302	includes all associated costs of the improvement. The
1303	proportionate-share contribution shall include the costs
1304	associated with accommodating a transit facility within the
1305	development of regional impact that is in a county's or the
1306	Department of Transportation's long-range plan and shall be
1307	credited against a development of regional impact's
1308	proportionate-share contribution. Proportionate-share mitigation
1309	shall be limited to ensure that a development of regional impact
1310	meeting the requirements of this subsection mitigates its impact
1311	on the transportation system but is not responsible for the
1312	additional cost of reducing or eliminating backlogs.
1313	3.  "Backlogged transportation facility" means a facility
1314	on which the adopted level-of-service standard is exceeded by
1315	the existing trips plus committed trips. A developer may not be
1316	required to fund or construct proportionate share mitigation
1317	that is more extensive than mitigation necessary to offset the
1318	impact of the development project in question.
1319
1320	This subsection also applies to Florida Quality Developments
1321	pursuant to s. 380.061 and to detailed specific area plans
1322	implementing optional sector plans pursuant to s. 163.3245.
1323	(13)  SCHOOL CONCURRENCY.--School concurrency shall be
1324	established on a districtwide basis and shall include all public
1325	schools in the district and all portions of the district,
1326	whether located in a municipality or an unincorporated area
1327	unless exempt from the public school facilities element pursuant
1328	to s. 163.3177(12). The application of school concurrency to
1329	development shall be based upon the adopted comprehensive plan,
1330	as amended. All local governments within a county, except as
1331	provided in paragraph (f), shall adopt and transmit to the state
1332	land planning agency the necessary plan amendments, along with
1333	the interlocal agreement, for a compliance review pursuant to s.
1334	163.3184(7) and (8). The minimum requirements for school
1335	concurrency are the following:
1336	(a)  Public school facilities element.--A local government
1337	shall adopt and transmit to the state land planning agency a
1338	plan or plan amendment which includes a public school facilities
1339	element which is consistent with the requirements of s.
1340	163.3177(12) and which is determined to be in compliance as
1341	defined in s. 163.3184(1)(b). All local government public school
1342	facilities plan elements within a county must be consistent with
1343	each other as well as the requirements of this part.
1344	(b)  Level-of-service standards.--The Legislature
1345	recognizes that an essential requirement for a concurrency
1346	management system is the level of service at which a public
1347	facility is expected to operate.
1348	1.  Local governments and school boards imposing school
1349	concurrency shall exercise authority in conjunction with each
1350	other to establish jointly adequate level-of-service standards,
1351	as defined in chapter 9J-5, Florida Administrative Code,
1352	necessary to implement the adopted local government
1353	comprehensive plan, based on data and analysis.
1354	2.  Public school level-of-service standards shall be
1355	included and adopted into the capital improvements element of
1356	the local comprehensive plan and shall apply districtwide to all
1357	schools of the same type. Types of schools may include
1358	elementary, middle, and high schools as well as special purpose
1359	facilities such as magnet schools.
1360	3.  Local governments and school boards may use shall have
1361	the option to utilize tiered level-of-service standards to allow
1362	time to achieve an adequate and desirable level of service as
1363	circumstances warrant.
1364	4.  A school district that includes relocatables in its
1365	inventory of student stations shall include relocatables in its
1366	calculation of capacity for purposes of determining whether
1367	levels of service have been achieved.
1368	(c)  Service areas.--The Legislature recognizes that an
1369	essential requirement for a concurrency system is a designation
1370	of the area within which the level of service will be measured
1371	when an application for a residential development permit is
1372	reviewed for school concurrency purposes. This delineation is
1373	also important for purposes of determining whether the local
1374	government has a financially feasible public school capital
1375	facilities program for that will provide schools which will
1376	achieve and maintain the adopted level-of-service standards.
1377	1.  In order to balance competing interests, preserve the
1378	constitutional concept of uniformity, and avoid disruption of
1379	existing educational and growth management processes, local
1380	governments are encouraged to initially apply school concurrency
1381	to development only on a districtwide basis so that a
1382	concurrency determination for a specific development is will be
1383	based upon the availability of school capacity districtwide. To
1384	ensure that development is coordinated with schools having
1385	available capacity, within 5 years after adoption of school
1386	concurrency, local governments shall apply school concurrency on
1387	a less than districtwide basis, such as using school attendance
1388	zones or concurrency service areas, as provided in subparagraph
1389	2.
1390	2.  For local governments applying school concurrency on a
1391	less than districtwide basis, such as utilizing school
1392	attendance zones or larger school concurrency service areas,
1393	local governments and school boards shall have the burden of
1394	demonstrating to demonstrate that the utilization of school
1395	capacity is maximized to the greatest extent possible in the
1396	comprehensive plan and amendment, taking into account
1397	transportation costs and court-approved desegregation plans, as
1398	well as other factors. In addition, in order to achieve
1399	concurrency within the service area boundaries selected by local
1400	governments and school boards, the service area boundaries,
1401	together with the standards for establishing those boundaries,
1402	shall be identified and included as supporting data and analysis
1403	for the comprehensive plan.
1404	3.  Where school capacity is available on a districtwide
1405	basis but school concurrency is applied on a less than
1406	districtwide basis in the form of concurrency service areas, if
1407	the adopted level-of-service standard cannot be met in a
1408	particular service area as applied to an application for a
1409	development permit and if the needed capacity for the particular
1410	service area is available in one or more contiguous service
1411	areas, as adopted by the local government, then the local
1412	government may not deny an application for site plan or final
1413	subdivision approval or the functional equivalent for a
1414	development or phase of a development on the basis of school
1415	concurrency, and if issued, development impacts shall be shifted
1416	to contiguous service areas with schools having available
1417	capacity.
1418	(d)  Financial feasibility.--The Legislature recognizes
1419	that financial feasibility is an important issue because the
1420	premise of concurrency is that the public facilities will be
1421	provided in order to achieve and maintain the adopted level-of-
1422	service standard. This part and chapter 9J-5, Florida
1423	Administrative Code, contain specific standards for determining
1424	to determine the financial feasibility of capital programs.
1425	These standards were adopted to make concurrency more
1426	predictable and local governments more accountable.
1427	1.  A comprehensive plan amendment seeking to impose school
1428	concurrency must shall contain appropriate amendments to the
1429	capital improvements element of the comprehensive plan,
1430	consistent with the requirements of s. 163.3177(3) and rule 9J-
1431	5.016, Florida Administrative Code. The capital improvements
1432	element must shall set forth a financially feasible public
1433	school capital facilities program, established in conjunction
1434	with the school board, that demonstrates that the adopted level-
1435	of-service standards will be achieved and maintained.
1436	2.  Such amendments to the capital improvements element
1437	must shall demonstrate that the public school capital facilities
1438	program meets all of the financial feasibility standards of this
1439	part and chapter 9J-5, Florida Administrative Code, that apply
1440	to capital programs which provide the basis for mandatory
1441	concurrency on other public facilities and services.
1442	3.  If When the financial feasibility of a public school
1443	capital facilities program is evaluated by the state land
1444	planning agency for purposes of a compliance determination, the
1445	evaluation must shall be based upon the service areas selected
1446	by the local governments and school board.
1447	(e)  Availability standard.--Consistent with the public
1448	welfare, and except as otherwise provided in this subsection,
1449	public school facilities needed to serve new residential
1450	development shall be in place or under actual construction
1451	within 3 years after the issuance of final subdivision or site
1452	plan approval, or the functional equivalent. A local government
1453	may not deny an application for site plan, final subdivision
1454	approval, or the functional equivalent for a development or
1455	phase of a development authorizing residential development for
1456	failure to achieve and maintain the level-of-service standard
1457	for public school capacity in a local school concurrency
1458	management system where adequate school facilities will be in
1459	place or under actual construction within 3 years after the
1460	issuance of final subdivision or site plan approval, or the
1461	functional equivalent. Any mitigation required of a developer
1462	shall be limited to ensure that a development mitigates its own
1463	impact on public school facilities, but is not responsible for
1464	the additional cost of reducing or eliminating backlogs or
1465	addressing class size reduction. School concurrency is satisfied
1466	if the developer executes a legally binding commitment to
1467	provide mitigation proportionate to the demand for public school
1468	facilities to be created by actual development of the property,
1469	including, but not limited to, the options described in
1470	subparagraph 1. Options for proportionate-share mitigation of
1471	impacts on public school facilities must be established in the
1472	public school facilities element and the interlocal agreement
1473	pursuant to s. 163.31777.
1474	1.  Appropriate mitigation options include the contribution
1475	of land; the construction, expansion, or payment for land
1476	acquisition or construction of a public school facility; the
1477	construction of a charter school that complies with the
1478	requirements of s. 1002.33(18)(f); or the creation of mitigation
1479	banking based on the construction of a public school facility in
1480	exchange for the right to sell capacity credits. Such options
1481	must include execution by the applicant and the local government
1482	of a development agreement that constitutes a legally binding
1483	commitment to pay proportionate-share mitigation for the
1484	additional residential units approved by the local government in
1485	a development order and actually developed on the property,
1486	taking into account residential density allowed on the property
1487	prior to the plan amendment that increased the overall
1488	residential density. The district school board must be a party
1489	to such an agreement. As a condition of its entry into such a
1490	development agreement, the local government may require the
1491	landowner to agree to continuing renewal of the agreement upon
1492	its expiration.
1493	2.  If the education facilities plan and the public
1494	educational facilities element authorize a contribution of land;
1495	the construction, expansion, or payment for land acquisition; or
1496	the construction or expansion of a public school facility, or a
1497	portion thereof; or the construction of a charter school that
1498	complies with the requirements of s. 1002.33(18)(f), as
1499	proportionate-share mitigation, the local government shall
1500	credit such a contribution, construction, expansion, or payment
1501	toward any other impact fee or exaction imposed by local
1502	ordinance for the same need, on a dollar-for-dollar basis at
1503	fair market value.
1504	3.  Any proportionate-share mitigation must be directed by
1505	the school board toward a school capacity improvement identified
1506	in a financially feasible 5-year district work plan that
1507	satisfies the demands created by the development in accordance
1508	with a binding developer's agreement.
1509	4.  If a development is precluded from commencing because
1510	there is inadequate classroom capacity to mitigate the impacts
1511	of the development, the development may nevertheless commence if
1512	there are accelerated facilities in an approved capital
1513	improvement element scheduled for construction in year four or
1514	later of such plan which, when built, will mitigate the proposed
1515	development, or if such accelerated facilities will be in the
1516	next annual update of the capital facilities element, the
1517	developer enters into a binding, financially guaranteed
1518	agreement with the school district to construct an accelerated
1519	facility within the first 3 years of an approved capital
1520	improvement plan, and the cost of the school facility is equal
1521	to or greater than the development's proportionate share. When
1522	the completed school facility is conveyed to the school
1523	district, the developer shall receive impact fee credits usable
1524	within the zone where the facility is constructed or any
1525	attendance zone contiguous with or adjacent to the zone where
1526	the facility is constructed.
1527	5.  This paragraph does not limit the authority of a local
1528	government to deny a development permit or its functional
1529	equivalent pursuant to its home rule regulatory powers, except
1530	as provided in this part.
1531	(f)  Intergovernmental coordination.--
1532	1.  When establishing concurrency requirements for public
1533	schools, a local government shall satisfy the requirements for
1534	intergovernmental coordination set forth in s. 163.3177(6)(h)1.
1535	and 2., except that a municipality is not required to be a
1536	signatory to the interlocal agreement required by ss.
1537	163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
1538	imposition of school concurrency, and as a nonsignatory, may
1539	shall not participate in the adopted local school concurrency
1540	system, if the municipality meets all of the following criteria
1541	for not having a no significant impact on school attendance:
1542	a.  The municipality has issued development orders for
1543	fewer than 50 residential dwelling units during the preceding 5
1544	years, or the municipality has generated fewer than 25
1545	additional public school students during the preceding 5 years.
1546	b.  The municipality has not annexed new land during the
1547	preceding 5 years in land use categories which permit
1548	residential uses that will affect school attendance rates.
1549	c.  The municipality has no public schools located within
1550	its boundaries.
1551	d.  At least 80 percent of the developable land within the
1552	boundaries of the municipality has been built upon.
1553	2.  A municipality that which qualifies as not having a no
1554	significant impact on school attendance pursuant to the criteria
1555	of subparagraph 1. must review and determine at the time of its
1556	evaluation and appraisal report pursuant to s. 163.3191 whether
1557	it continues to meet the criteria pursuant to s. 163.31777(6).
1558	If the municipality determines that it no longer meets the
1559	criteria, it must adopt appropriate school concurrency goals,
1560	objectives, and policies in its plan amendments based on the
1561	evaluation and appraisal report, and enter into the existing
1562	interlocal agreement required by ss. 163.3177(6)(h)2. and
1563	163.31777, in order to fully participate in the school
1564	concurrency system. If such a municipality fails to do so, it is
1565	will be subject to the enforcement provisions of s. 163.3191.
1566	(g)  Interlocal agreement for school concurrency.--When
1567	establishing concurrency requirements for public schools, a
1568	local government must enter into an interlocal agreement that
1569	satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
1570	163.31777 and the requirements of this subsection. The
1571	interlocal agreement must shall acknowledge both the school
1572	board's constitutional and statutory obligations to provide a
1573	uniform system of free public schools on a countywide basis, and
1574	the land use authority of local governments, including their
1575	authority to approve or deny comprehensive plan amendments and
1576	development orders. The interlocal agreement shall be submitted
1577	to the state land planning agency by the local government as a
1578	part of the compliance review, along with the other necessary
1579	amendments to the comprehensive plan required by this part. In
1580	addition to the requirements of ss. 163.3177(6)(h) and
1581	163.31777, the interlocal agreement must shall meet the
1582	following requirements:
1583	1.  Establish the mechanisms for coordinating the
1584	development, adoption, and amendment of each local government's
1585	public school facilities element with each other and the plans
1586	of the school board to ensure a uniform districtwide school
1587	concurrency system.
1588	2.  Establish a process for developing the development of
1589	siting criteria that which encourages the location of public
1590	schools proximate to urban residential areas to the extent
1591	possible and seeks to collocate schools with other public
1592	facilities such as parks, libraries, and community centers to
1593	the extent possible.
1594	3.  Specify uniform, districtwide level-of-service
1595	standards for public schools of the same type and the process
1596	for modifying the adopted level-of-service standards.
1597	4.  Establish a process for the preparation, amendment, and
1598	joint approval by each local government and the school board of
1599	a public school capital facilities program that which is
1600	financially feasible, and a process and schedule for
1601	incorporation of the public school capital facilities program
1602	into the local government comprehensive plans on an annual
1603	basis.
1604	5.  Define the geographic application of school
1605	concurrency. If school concurrency is to be applied on a less
1606	than districtwide basis in the form of concurrency service
1607	areas, the agreement must shall establish criteria and standards
1608	for the establishment and modification of school concurrency
1609	service areas. The agreement must shall also establish a process
1610	and schedule for the mandatory incorporation of the school
1611	concurrency service areas and the criteria and standards for
1612	establishment of the service areas into the local government
1613	comprehensive plans. The agreement must shall ensure maximum
1614	utilization of school capacity, taking into account
1615	transportation costs and court-approved desegregation plans, as
1616	well as other factors. The agreement must shall also ensure the
1617	achievement and maintenance of the adopted level-of-service
1618	standards for the geographic area of application throughout the
1619	5 years covered by the public school capital facilities plan and
1620	thereafter by adding a new fifth year during the annual update.
1621	6.  Establish a uniform districtwide procedure for
1622	implementing school concurrency which provides for:
1623	a.  The evaluation of development applications for
1624	compliance with school concurrency requirements, including
1625	information provided by the school board on affected schools,
1626	impact on levels of service, and programmed improvements for
1627	affected schools, and any options to provide sufficient
1628	capacity;
1629	b.  An opportunity for the school board to review and
1630	comment on the effect of comprehensive plan amendments and
1631	rezonings on the public school facilities plan; and
1632	c.  The monitoring and evaluation of the school concurrency
1633	system.
1634	7.  Include provisions relating to amendment of the
1635	agreement.
1636	8.  A process and uniform methodology for determining
1637	proportionate-share mitigation pursuant to subparagraph (e)1.
1638	(h)  Local government authority.--This subsection does not
1639	limit the authority of a local government to grant or deny a
1640	development permit or its functional equivalent prior to the
1641	implementation of school concurrency.
1642	(14)  RULEMAKING AUTHORITY.--The state land planning agency
1643	shall, by October 1, 1998, adopt by rule minimum criteria for
1644	the review and determination of compliance of a public school
1645	facilities element adopted by a local government for purposes of
1646	imposition of school concurrency.
1647	(15)  MULTIMODAL DISTRICTS.--
1648	(a)  Multimodal transportation districts may be established
1649	under a local government comprehensive plan in areas delineated
1650	on the future land use map for which the local comprehensive
1651	plan assigns secondary priority to vehicle mobility and primary
1652	priority to assuring a safe, comfortable, and attractive
1653	pedestrian environment, with convenient interconnection to
1654	transit. Such districts must incorporate community design
1655	features that will reduce the number of automobile trips or
1656	vehicle miles of travel and will support an integrated,
1657	multimodal transportation system. Prior to the designation of
1658	multimodal transportation districts, the Department of
1659	Transportation shall be consulted by the local government to
1660	assess the impact that the proposed multimodal district area is
1661	expected to have on the adopted level-of-service standards
1662	established for Strategic Intermodal System facilities, as
1663	designated in s. 339.63 defined in s. 339.64, and roadway
1664	facilities funded in accordance with s. 339.2819. Further, the
1665	local government shall, in cooperation with the Department of
1666	Transportation, develop a plan to mitigate any impacts to the
1667	Strategic Intermodal System, including the development of a
1668	long-term concurrency management system pursuant to subsection
1669	(9) and s. 163.3177(3)(d). Multimodal transportation districts
1670	existing prior to July 1, 2005, shall meet, at a minimum, the
1671	provisions of this section by July 1, 2006, or at the time of
1672	the comprehensive plan update pursuant to the evaluation and
1673	appraisal report, whichever occurs last.
1674	(b)  Community design elements of such a multimodal
1675	transportation district include: a complementary mix and range
1676	of land uses, including educational, recreational, and cultural
1677	uses; interconnected networks of streets designed to encourage
1678	walking and bicycling, with traffic-calming where desirable;
1679	appropriate densities and intensities of use within walking
1680	distance of transit stops; daily activities within walking
1681	distance of residences, allowing independence to persons who do
1682	not drive; public uses, streets, and squares that are safe,
1683	comfortable, and attractive for the pedestrian, with adjoining
1684	buildings open to the street and with parking not interfering
1685	with pedestrian, transit, automobile, and truck travel modes.
1686	(c)  Local governments may establish multimodal level-of-
1687	service standards that rely primarily on nonvehicular modes of
1688	transportation within the district, if when justified by an
1689	analysis demonstrating that the existing and planned community
1690	design will provide an adequate level of mobility within the
1691	district based upon professionally accepted multimodal level-of-
1692	service methodologies. The analysis must also demonstrate that
1693	the capital improvements required to promote community design
1694	are financially feasible over the development or redevelopment
1695	timeframe for the district and that community design features
1696	within the district provide convenient interconnection for a
1697	multimodal transportation system. Local governments may issue
1698	development permits in reliance upon all planned community
1699	design capital improvements that are financially feasible over
1700	the development or redevelopment timeframe for the district,
1701	without regard to the period of time between development or
1702	redevelopment and the scheduled construction of the capital
1703	improvements. A determination of financial feasibility shall be
1704	based upon currently available funding or funding sources that
1705	could reasonably be expected to become available over the
1706	planning period.
1707	(d)  Local governments may reduce impact fees or local
1708	access fees for development within multimodal transportation
1709	districts based on the reduction of vehicle trips per household
1710	or vehicle miles of travel expected from the development pattern
1711	planned for the district.
1712	(e)  By December 1, 2007, the Department of Transportation,
1713	in consultation with the state land planning agency and
1714	interested local governments, may designate a study area for
1715	conducting a pilot project to determine the benefits of and
1716	barriers to establishing a regional multimodal transportation
1717	concurrency district that extends over more than one local
1718	government jurisdiction. If designated:
1719	1.  The study area must be in a county that has a
1720	population of at least 1,000 persons per square mile, be within
1721	an urban service area, and have the consent of the local
1722	governments within the study area. The Department of
1723	Transportation and the state land planning agency shall provide
1724	technical assistance.
1725	2.  The local governments within the study area and the
1726	Department of Transportation, in consultation with the state
1727	land planning agency, shall cooperatively create a multimodal
1728	transportation plan that meets the requirements of this section.
1729	The multimodal transportation plan must include viable local
1730	funding options and incorporate community design features,
1731	including a range of mixed land uses and densities and
1732	intensities, which will reduce the number of automobile trips or
1733	vehicle miles of travel while supporting an integrated,
1734	multimodal transportation system.
1735	3.  To effectuate the multimodal transportation concurrency
1736	district, participating local governments may adopt appropriate
1737	comprehensive plan amendments.
1738	4.  The Department of Transportation, in consultation with
1739	the state land planning agency, shall submit a report by March
1740	1, 2009, to the Governor, the President of the Senate, and the
1741	Speaker of the House of Representatives on the status of the
1742	pilot project. The report must identify any factors that support
1743	or limit the creation and success of a regional multimodal
1744	transportation district including intergovernmental
1745	coordination.
1746	(f)  The state land planning agency may designate up to
1747	five local governments as Urban Placemaking Initiative Pilot
1748	Projects. The purpose of the pilot project program is to assist
1749	local communities with redevelopment of primarily single-use
1750	suburban areas that surround strategic corridors and crossroads,
1751	to create livable, sustainable communities with a sense of
1752	place. Pilot communities must have a county population of at
1753	least 350,000, be able to demonstrate an ability to administer
1754	the pilot project, and have appropriate potential redevelopment
1755	areas suitable for the pilot project. Recognizing that both the
1756	form of existing development patterns and strict application of
1757	transportation concurrency requirements create obstacles to such
1758	redevelopment, the pilot project program shall further the
1759	ability of such communities to cultivate mixed-use and form-
1760	based communities that integrate all modes of transportation.
1761	The pilot project program shall provide an alternative
1762	regulatory framework that allows for the creation of a
1763	multimodal concurrency district that over the planning time
1764	period allows pilot project communities to incrementally realize
1765	the goals of the redevelopment area by guiding redevelopment of
1766	parcels and cultivating multimodal development in targeted
1767	transitional suburban areas. The Department of Transportation
1768	shall provide technical support to the state land planning
1769	agency and the department and the agency shall provide technical
1770	assistance to the local governments in the implementation of the
1771	pilot projects.
1772	1.  Each pilot project community adopt criteria for
1773	designation of specific urban placemaking redevelopment areas
1774	and general location maps in the future land use element of
1775	their comprehensive plan. Such redevelopment areas must be
1776	within an adopted urban service boundary or functional
1777	equivalent. Each pilot project community shall also adopt
1778	comprehensive plan amendments that set forth criteria for
1779	development of the urban placemaking areas that contain land use
1780	and transportation strategies, including, but not limited to,
1781	the community design elements set forth in paragraph (b). A
1782	pilot project community shall undertake a process of public
1783	engagement to coordinate community vision, citizen interest, and
1784	development goals for developments within the urban placemaking
1785	redevelopment areas.
1786	2.  Each pilot project community may assign transportation
1787	concurrency or trip generation credits and impact fee exemptions
1788	or reductions and establish transportation concurrency
1789	exceptions for developments that meet the adopted comprehensive
1790	plan criteria for urban placemaking redevelopment areas. The
1791	provisions of paragraph (c) apply to designated urban
1792	placemaking redevelopment areas.
1793	(16)  FAIR-SHARE MITIGATION.--It is the intent of the
1794	Legislature to provide a method by which the impacts of
1795	development on transportation facilities can be mitigated by the
1796	cooperative efforts of the public and private sectors. The
1797	methodology used to calculate proportionate fair-share
1798	mitigation under this section shall be as provided for in
1799	subsection (12).
1800	(a)  By December 1, 2006, Each local government shall adopt
1801	by ordinance a methodology for assessing proportionate fair-
1802	share mitigation options. By December 1, 2005, the Department of
1803	Transportation shall develop a model transportation concurrency
1804	management ordinance with methodologies for assessing
1805	proportionate fair-share mitigation options.
1806	(b)1.  In its transportation concurrency management system,
1807	a local government shall, by December 1, 2006, include
1808	methodologies that will be applied to calculate proportionate
1809	fair-share mitigation. A developer may choose to satisfy all
1810	transportation concurrency requirements by contributing or
1811	paying proportionate fair-share mitigation if transportation
1812	facilities or facility segments identified as mitigation for
1813	traffic impacts are specifically identified for funding in the
1814	5-year schedule of capital improvements in the capital
1815	improvements element of the local plan or the long-term
1816	concurrency management system or if such contributions or
1817	payments to such facilities or segments are reflected in the 5-
1818	year schedule of capital improvements in the next regularly
1819	scheduled update of the capital improvements element. Updates to
1820	the 5-year capital improvements element which reflect
1821	proportionate fair-share contributions may not be found not in
1822	compliance based on ss. 163.3164(32) and 163.3177(3) if
1823	additional contributions, payments or funding sources are
1824	reasonably anticipated during a period not to exceed 10 years to
1825	fully mitigate impacts on the transportation facilities.
1826	2.  Proportionate fair-share mitigation shall be applied as
1827	a credit against impact fees to the extent that all or a portion
1828	of the proportionate fair-share mitigation is used to address
1829	the same capital infrastructure improvements contemplated by the
1830	local government's impact fee ordinance.
1831	(c)  Proportionate fair-share mitigation includes, without
1832	limitation, separately or collectively, private funds,
1833	contributions of land, and construction and contribution of
1834	facilities and may include public funds as determined by the
1835	local government. Proportionate fair-share mitigation may be
1836	directed toward one or more specific transportation improvements
1837	reasonably related to the mobility demands created by the
1838	development and such improvements may address one or more modes
1839	of travel. The fair market value of the proportionate fair-share
1840	mitigation shall not differ based on the form of mitigation. A
1841	local government may not require a development to pay more than
1842	its proportionate fair-share contribution regardless of the
1843	method of mitigation. Proportionate fair-share mitigation shall
1844	be limited to ensure that a development meeting the requirements
1845	of this section mitigates its impact on the transportation
1846	system but is not responsible for the additional cost of
1847	reducing or eliminating backlogs. For purposes of this
1848	subsection, the term "backlogged transportation facility" means
1849	a facility on which the adopted level-of-service standard is
1850	exceeded by the existing trips plus committed trips. A developer
1851	may not be required to fund or construct proportionate-share
1852	mitigation for any backlogged transportation facility that is
1853	more extensive than mitigation necessary to offset the impact of
1854	the development project in question.
1855	(d)  This subsection does not require a local government to
1856	approve a development that is not otherwise qualified for
1857	approval pursuant to the applicable local comprehensive plan and
1858	land development regulations.
1859	(e)  Mitigation for development impacts to facilities on
1860	the Strategic Intermodal System made pursuant to this subsection
1861	requires the concurrence of the Department of Transportation.
1862	(f)  If the funds in an adopted 5-year capital improvements
1863	element are insufficient to fully fund construction of a
1864	transportation improvement required by the local government's
1865	concurrency management system, a local government and a
1866	developer may still enter into a binding proportionate-share
1867	agreement authorizing the developer to construct that amount of
1868	development on which the proportionate share is calculated if
1869	the proportionate-share amount in such agreement is sufficient
1870	to pay for one or more improvements which will, in the opinion
1871	of the governmental entity or entities maintaining the
1872	transportation facilities, significantly benefit the impacted
1873	transportation system. The improvements funded by the
1874	proportionate-share component must be adopted into the 5-year
1875	capital improvements schedule of the comprehensive plan at the
1876	next annual capital improvements element update. The funding of
1877	any improvements that significantly benefit the impacted
1878	transportation system satisfies concurrency requirements as a
1879	mitigation of the development's impact upon the overall
1880	transportation system even if there remains a failure of
1881	concurrency on other impacted facilities.
1882	(g)  Except as provided in subparagraph (b)1., this section
1883	may not prohibit the state land planning agency Department of
1884	Community Affairs from finding other portions of the capital
1885	improvements element amendments not in compliance as provided in
1886	this chapter.
1887	(h)  The provisions of this subsection do not apply to a
1888	development of regional impact satisfying the requirements of
1889	subsection (12).
1890	(i)  If the number of trips used in a transportation
1891	analysis includes trips from an earlier phase of development,
1892	the determination of mitigation for the subsequent phase of
1893	development shall account for any mitigation required by the
1894	development order and provided by the developer for the earlier
1895	phase, calculated at present value. For purposes of this
1896	subsection, the term "present value" means the fair market value
1897	of right-of-way at the time of contribution, or the actual
1898	dollar value of the construction improvements at the date of
1899	completion adjusted by the Consumer Price Index.
1900	Section 6.  (1)  The Legislature finds that the existing
1901	transportation concurrency system has not adequately addressed
1902	the state's transportation needs in an effective, predictable,
1903	and equitable manner and is not producing a sustainable
1904	transportation system for the state. The current system is
1905	complex, lacks uniformity among jurisdictions, is too focused on
1906	roadways to the detriment of desired land use patterns and
1907	transportation alternatives, and frequently prevents the
1908	attainment of important growth management goals. The state,
1909	therefore, should consider a different transportation
1910	concurrency approach that uses a mobility fee based on vehicle-
1911	miles or people-miles traveled. The mobility fee shall be
1912	designed to provide for mobility needs, ensure that development
1913	provides mitigation for its impacts on the transportation
1914	system, and promote compact, mixed-use, and energy-efficient
1915	development. The mobility fee shall be used to fund improvements
1916	to the transportation system.
1917	(2)  The Legislative Committee on Intergovernmental
1918	Relations shall study and develop a methodology for a mobility
1919	fee system. The committee shall contract with a qualified
1920	transportation engineering firm or with a state university for
1921	the purpose of studying and developing a uniform mobility fee
1922	for statewide application to replace the existing transportation
1923	concurrency management systems adopted and implemented by local
1924	governments.
1925	(a)  To assist the committee in its study, a mobility fee
1926	pilot program shall be authorized in Duval County, Nassau
1927	County, St. Johns County, and Clay County and the municipalities
1928	in such counties. The committee shall coordinate with
1929	participating local governments to implement a mobility fee on
1930	more than a single-jurisdiction basis. The local governments
1931	shall work with the committee to provide practical, field-tested
1932	experience in implementing this new approach to transportation
1933	concurrency, transportation impact fees, and proportionate-share
1934	mitigation. The committee and local governments shall make every
1935	effort to implement the pilot program no later than October 1,
1936	2008. Data from the pilot program shall be provided to the
1937	committee and the contracted entity for review and
1938	consideration.
1939	(b)  No later than January 15, 2009, the committee shall
1940	provide an interim report to the President of the Senate and the
1941	Speaker of the House of Representatives reporting the status of
1942	the mobility fee study. The interim report shall discuss
1943	progress in the development of the fee, identify issues for
1944	which additional legislative guidance is needed, and recommend
1945	any interim measures that may need to be addressed to improve
1946	the current transportation concurrency system that could be
1947	taken prior to the final report in 2009.
1948	(c)  On or before October 1, 2009, the committee shall
1949	provide to the President of the Senate and the Speaker of the
1950	House of Representatives a final report and recommendations
1951	regarding the methodology, application, and implementation of a
1952	mobility fee.
1953	(3)  The study and mobility fees levied pursuant to the
1954	pilot program shall focus on and the fee shall implement, to the
1955	extent possible:
1956	(a)  The amount, distribution, and timing of vehicle miles
1957	and people miles traveled, applying professionally accepted
1958	standards and practices in the disciplines of land use and
1959	transportation planning and the requirements of constitutional
1960	and statutory law.
1961	(b)  The development of an equitable mobility fee that
1962	provides funding for future mobility needs whereby new
1963	development mitigates in approximate proportionality for its
1964	impacts on the transportation system yet is not delayed or held
1965	accountable for system backlogs or failures that are not
1966	directly attributable to the proposed development.
1967	(c)  The replacement of transportation financial
1968	feasibility obligations, proportionate fair-share contributions,
1969	and locally adopted transportation impact fees with the mobility
1970	fee such that a single transportation fee, whether or not based
1971	on number of trips or vehicle miles traveled, may be applied
1972	uniformly on a statewide basis.
1973	(d)  The ability for developer contributions of land for
1974	right-of-way or developer-funded improvements to the
1975	transportation network to be recognized as credits against the
1976	mobility fee through mutually acceptable agreements reached with
1977	the impacted jurisdictions.
1978	(e)  An equitable methodology for distribution of mobility
1979	fee proceeds among those jurisdictions responsible for
1980	construction and maintenance of the impacted facilities such
1981	that 100 percent of the collected mobility fees are used for
1982	improvements to the overall transportation network of the
1983	impacted jurisdictions.
1984	Section 7.  Subsections (3) and (4), paragraphs (a) and (d)
1985	of subsection (6), paragraph (a) of subsection (7), paragraphs
1986	(b) and (c) of subsection (15), and subsections (17) and (18)
1987	of section 163.3184, Florida Statutes, are amended, and
1988	subsections (19) and (20) are added to that section, to read:
1989	163.3184  Process for adoption of comprehensive plan or
1990	plan amendment.--
1991	(3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
1992	AMENDMENT.--
1993	(a)  Effective January 1, 2009, prior to filing an
1994	application for a future land use map amendment, an applicant
1995	must conduct a neighborhood meeting to present, discuss, and
1996	solicit public comment on a proposed amendment. The meeting
1997	shall be conducted at least 30 and no more than 60 days before
1998	the application for the amendment is filed with the local
1999	government. At a minimum, the meeting shall be noticed and
2000	conducted in accordance with the following:
2001	1.  Notification by the applicant must be mailed at least
2002	10 but no more than 14 days prior to the meeting to all persons
2003	who own property within 500 feet of the property subject to the
2004	proposed amendment as such information is maintained by the
2005	county tax assessor, which list shall conclusively establish the
2006	required recipients.
2007	2.  Notice must be published by the applicant in accordance
2008	with s. 125.66(4)(b)2. or s. 166.041(3)(c)2.b.
2009	3.  Notice must be provided to the local government for
2010	posting on the local government's web page, if available.
2011	4.  Notice must be mailed by the applicant to the list of
2012	home owner or condominium associations maintained by the
2013	jurisdiction, if any.
2014	5.  The meeting must be conducted by the applicant at an
2015	accessible and convenient location.
2016	6.  A sign-in list of all attendees must be maintained.
2017
2018	This paragraph applies to applications for a map amendment filed
2019	after January 1, 2009.
2020	(b)  At least 15 but no more than 45 days before the local
2021	governing body's scheduled adoption hearing, the applicant shall
2022	conduct a second noticed community or neighborhood meeting to
2023	present and discuss the map amendment application, including any
2024	changes made to the proposed amendment after the first community
2025	or neighborhood meeting. Direct mail notice by the applicant at
2026	least 10 but no more than 14 days prior to the meeting shall
2027	only be required for those who signed in at the preapplication
2028	meeting and those whose names are on the sign-in sheet from the
2029	transmittal hearing pursuant to paragraph (15)(c); otherwise,
2030	notice shall be by newspaper advertisement in accordance with s.
2031	125.66(4)(b)2. and s. 166.041(3)(c)2.b. Prior to the adoption
2032	hearing, the applicant shall file with the local government a
2033	written certification or verification that the second meeting
2034	has been noticed and conducted in accordance with this
2035	paragraph. This paragraph applies to applications for a map
2036	amendment filed after January 1, 2009.
2037	(c)  The neighborhood meetings required in this subsection
2038	shall not apply to small scale amendments as described in s.
2039	163.3187 unless a local government, by ordinance, adopts a
2040	procedure for holding a neighborhood meeting as part of the
2041	small scale amendment process. In no event shall more than one
2042	such meeting be required.
2043	(d)(a)  Each local governing body shall transmit the
2044	complete proposed comprehensive plan or plan amendment to the
2045	state land planning agency, the appropriate regional planning
2046	council and water management district, the Department of
2047	Environmental Protection, the Department of State, and the
2048	Department of Transportation, and, in the case of municipal
2049	plans, to the appropriate county, and, in the case of county
2050	plans, to the Fish and Wildlife Conservation Commission and the
2051	Department of Agriculture and Consumer Services, immediately
2052	following a public hearing pursuant to subsection (15) as
2053	specified in the state land planning agency's procedural rules.
2054	The local governing body shall also transmit a copy of the
2055	complete proposed comprehensive plan or plan amendment to any
2056	other unit of local government or government agency in the state
2057	that has filed a written request with the governing body for the
2058	plan or plan amendment. The local government may request a
2059	review by the state land planning agency pursuant to subsection
2060	(6) at the time of the transmittal of an amendment.
2061	(e)(b)  A local governing body shall not transmit portions
2062	of a plan or plan amendment unless it has previously provided to
2063	all state agencies designated by the state land planning agency
2064	a complete copy of its adopted comprehensive plan pursuant to
2065	subsection (7) and as specified in the agency's procedural
2066	rules. In the case of comprehensive plan amendments, the local
2067	governing body shall transmit to the state land planning agency,
2068	the appropriate regional planning council and water management
2069	district, the Department of Environmental Protection, the
2070	Department of State, and the Department of Transportation, and,
2071	in the case of municipal plans, to the appropriate county and,
2072	in the case of county plans, to the Fish and Wildlife
2073	Conservation Commission and the Department of Agriculture and
2074	Consumer Services the materials specified in the state land
2075	planning agency's procedural rules and, in cases in which the
2076	plan amendment is a result of an evaluation and appraisal report
2077	adopted pursuant to s. 163.3191, a copy of the evaluation and
2078	appraisal report. Local governing bodies shall consolidate all
2079	proposed plan amendments into a single submission for each of
2080	the two plan amendment adoption dates during the calendar year
2081	pursuant to s. 163.3187.
2082	(f)(c)  A local government may adopt a proposed plan
2083	amendment previously transmitted pursuant to this subsection,
2084	unless review is requested or otherwise initiated pursuant to
2085	subsection (6).
2086	(g)(d)  In cases in which a local government transmits
2087	multiple individual amendments that can be clearly and legally
2088	separated and distinguished for the purpose of determining
2089	whether to review the proposed amendment, and the state land
2090	planning agency elects to review several or a portion of the
2091	amendments and the local government chooses to immediately adopt
2092	the remaining amendments not reviewed, the amendments
2093	immediately adopted and any reviewed amendments that the local
2094	government subsequently adopts together constitute one amendment
2095	cycle in accordance with s. 163.3187(1).
2096	(4)  INTERGOVERNMENTAL REVIEW.--The governmental agencies
2097	specified in paragraph (3)(d)(a) shall provide comments to the
2098	state land planning agency within 30 days after receipt by the
2099	state land planning agency of the complete proposed plan
2100	amendment. If the plan or plan amendment includes or relates to
2101	the public school facilities element pursuant to s.
2102	163.3177(12), the state land planning agency shall submit a copy
2103	to the Office of Educational Facilities of the Commissioner of
2104	Education for review and comment. The appropriate regional
2105	planning council shall also provide its written comments to the
2106	state land planning agency within 45 30 days after receipt by
2107	the state land planning agency of the complete proposed plan
2108	amendment and shall specify any objections, recommendations for
2109	modifications, and comments of any other regional agencies to
2110	which the regional planning council may have referred the
2111	proposed plan amendment. Written comments submitted by the
2112	public within 45 30 days after notice of transmittal by the
2113	local government of the proposed plan amendment will be
2114	considered as if submitted by governmental agencies. All written
2115	agency and public comments must be made part of the file
2116	maintained under subsection (2).
2117	(6)  STATE LAND PLANNING AGENCY REVIEW.--
2118	(a)  The state land planning agency shall review a proposed
2119	plan amendment upon request of a regional planning council,
2120	affected person, or local government transmitting the plan
2121	amendment. The request from the regional planning council or
2122	affected person must be received within 45 30 days after
2123	transmittal of the proposed plan amendment pursuant to
2124	subsection (3). A regional planning council or affected person
2125	requesting a review shall do so by submitting a written request
2126	to the agency with a notice of the request to the local
2127	government and any other person who has requested notice.
2128	(d)  The state land planning agency review shall identify
2129	all written communications with the agency regarding the
2130	proposed plan amendment. If the state land planning agency does
2131	not issue such a review, it shall identify in writing to the
2132	local government all written communications received 45 30 days
2133	after transmittal. The written identification must include a
2134	list of all documents received or generated by the agency, which
2135	list must be of sufficient specificity to enable the documents
2136	to be identified and copies requested, if desired, and the name
2137	of the person to be contacted to request copies of any
2138	identified document. The list of documents must be made a part
2139	of the public records of the state land planning agency.
2140	(7)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
2141	OR AMENDMENTS AND TRANSMITTAL.--
2142	(a)  The local government shall review the written comments
2143	submitted to it by the state land planning agency, and any other
2144	person, agency, or government. Any comments, recommendations, or
2145	objections and any reply to them are shall be public documents,
2146	a part of the permanent record in the matter, and admissible in
2147	any proceeding in which the comprehensive plan or plan amendment
2148	may be at issue. The local government, upon receipt of written
2149	comments from the state land planning agency, shall have 120
2150	days to adopt or adopt with changes the proposed comprehensive
2151	plan or s. 163.3191 plan amendments. In the case of
2152	comprehensive plan amendments other than those proposed pursuant
2153	to s. 163.3191, the local government shall have 60 days to adopt
2154	the amendment, adopt the amendment with changes, or determine
2155	that it will not adopt the amendment. The adoption of the
2156	proposed plan or plan amendment or the determination not to
2157	adopt a plan amendment, other than a plan amendment proposed
2158	pursuant to s. 163.3191, shall be made in the course of a public
2159	hearing pursuant to subsection (15). If a local government fails
2160	to adopt the comprehensive plan or plan amendment within the
2161	timeframe set forth in this subsection, the plan or plan
2162	amendment shall be deemed abandoned and may not be considered
2163	until the next available amendment cycle pursuant to this
2164	section and s. 163.3187. However, if the applicant or local
2165	government, prior to the expiration of such timeframe, notifies
2166	the state land planning agency that the applicant or local
2167	government is proceeding in good faith to adopt the plan
2168	amendment, the state land planning agency shall grant one or
2169	more extensions not to exceed a total of 360 days from the
2170	issuance of the agency report or comments. During the pendency
2171	of any such extension, the applicant or local government shall
2172	provide to the state land planning agency a status report every
2173	90 days identifying the items continuing to be addressed and the
2174	manners in which the items are being addressed. The local
2175	government shall transmit the complete adopted comprehensive
2176	plan or plan amendment, including the names and addresses of
2177	persons compiled pursuant to paragraph (15)(c), to the state
2178	land planning agency as specified in the agency's procedural
2179	rules within 10 working days after adoption. The local governing
2180	body shall also transmit a copy of the adopted comprehensive
2181	plan or plan amendment to the regional planning agency and to
2182	any other unit of local government or governmental agency in the
2183	state that has filed a written request with the governing body
2184	for a copy of the plan or plan amendment.
2185	(15)  PUBLIC HEARINGS.--
2186	(b)  The local governing body shall hold at least two
2187	advertised public hearings on the proposed comprehensive plan or
2188	plan amendment as follows:
2189	1.  The first public hearing shall be held at the
2190	transmittal stage pursuant to subsection (3). It shall be held
2191	on a weekday at least 7 days after the day that the first
2192	advertisement is published.
2193	2.  The second public hearing shall be held at the adoption
2194	stage pursuant to subsection (7). It shall be held on a weekday
2195	at least 5 days after the day that the second advertisement is
2196	published. The comprehensive plan or plan amendment to be
2197	considered for adoption must be available to the public at least
2198	5 days before the hearing, including through the local
2199	government's website if one is maintained. The proposed
2200	comprehensive plan amendment may not be altered during the 5
2201	days prior to the hearing if the alteration increases the
2202	permissible density, intensity, or height or decreases the
2203	minimum buffers, setbacks, or open space. If the amendment is
2204	altered in such manner during this time period or at the public
2205	hearing, the public hearing shall be continued to the next
2206	meeting of the local governing body. As part of the adoption
2207	package, the local government shall certify in writing to the
2208	state land planning agency that the local government has
2209	complied with this subsection.
2210	(c)  The local government shall provide a sign-in form at
2211	the transmittal hearing and at the adoption hearing for persons
2212	to provide their names and mailing and electronic addresses. The
2213	sign-in form must advise that any person providing the requested
2214	information will receive a courtesy informational statement
2215	concerning publications of the state land planning agency's
2216	notice of intent. The local government shall add to the sign-in
2217	form the name and address of any person who submits written
2218	comments concerning the proposed plan or plan amendment during
2219	the time period between the commencement of the transmittal
2220	hearing and the end of the adoption hearing. It is the
2221	responsibility of the person completing the form or providing
2222	written comments to accurately, completely, and legibly provide
2223	all information needed in order to receive the courtesy
2224	informational statement.
2225	(17)  COMMUNITY VISION AND URBAN BOUNDARY PLAN
2226	AMENDMENTS.--A local government that has adopted a community
2227	vision and urban service boundary under s. 163.3177(13) and (14)
2228	may adopt a plan amendment related to map amendments solely to
2229	property within an urban service boundary in the manner
2230	described in subsections (1), (2), (7), (14), (15), and (16) and
2231	s. 163.3187(1)(c)1.d. and e., 2., and 3., such that state and
2232	regional agency review is eliminated. The department may not
2233	issue an objections, recommendations, and comments report on
2234	proposed plan amendments or a notice of intent on adopted plan
2235	amendments; however, affected persons, as defined by paragraph
2236	(1)(a), may file a petition for administrative review pursuant
2237	to the requirements of s. 163.3187(3)(a) to challenge the
2238	compliance of an adopted plan amendment. This subsection does
2239	not apply to any amendment within an area of critical state
2240	concern, to any amendment that increases residential densities
2241	allowable in high-hazard coastal areas as defined in s.
2242	163.3178(2)(h), or to a text change to the goals, policies, or
2243	objectives of the local government's comprehensive plan.
2244	Amendments submitted under this subsection are exempt from the
2245	limitation on the frequency of plan amendments in s. 163.3187.
2246	(17)(18)  URBAN INFILL AND REDEVELOPMENT PLAN
2247	AMENDMENTS.--A municipality that has a designated urban infill
2248	and redevelopment area under s. 163.2517 may adopt a plan
2249	amendment related to map amendments solely to property within a
2250	designated urban infill and redevelopment area in the manner
2251	described in subsections (1), (2), (7), (14), (15), and (16) and
2252	s. 163.3187(1)(b)3.a.(IV) and (V), b., and c. 163.3187(1)(c)1.d.
2253	and e., 2., and 3., such that state and regional agency review
2254	is eliminated. The department may not issue an objections,
2255	recommendations, and comments report on proposed plan amendments
2256	or a notice of intent on adopted plan amendments; however,
2257	affected persons, as defined by paragraph (1)(a), may file a
2258	petition for administrative review pursuant to the requirements
2259	of s. 163.3187(3)(a) to challenge the compliance of an adopted
2260	plan amendment. This subsection does not apply to any amendment
2261	within an area of critical state concern, to any amendment that
2262	increases residential densities allowable in high-hazard coastal
2263	areas as defined in s. 163.3178(2)(h), or to a text change to
2264	the goals, policies, or objectives of the local government's
2265	comprehensive plan. Amendments submitted under this subsection
2266	are exempt from the limitation on the frequency of plan
2267	amendments in s. 163.3187.
2268	(18)(19)  HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.--Any
2269	local government that identifies in its comprehensive plan the
2270	types of housing developments and conditions for which it will
2271	consider plan amendments that are consistent with the local
2272	housing incentive strategies identified in s. 420.9076 and
2273	authorized by the local government may expedite consideration of
2274	such plan amendments. At least 30 days prior to adopting a plan
2275	amendment pursuant to this subsection, the local government
2276	shall notify the state land planning agency of its intent to
2277	adopt such an amendment, and the notice shall include the local
2278	government's evaluation of site suitability and availability of
2279	facilities and services. A plan amendment considered under this
2280	subsection shall require only a single public hearing before the
2281	local governing body, which shall be a plan amendment adoption
2282	hearing as described in subsection (7). The public notice of the
2283	hearing required under subparagraph (15)(b)2. must include a
2284	statement that the local government intends to use the expedited
2285	adoption process authorized under this subsection. The state
2286	land planning agency shall issue its notice of intent required
2287	under subsection (8) within 30 days after determining that the
2288	amendment package is complete. Any further proceedings shall be
2289	governed by subsections (9)-(16).
2290	(19)  PLAN AMENDMENTS IN RURAL AREAS OF CRITICAL ECONOMIC
2291	CONCERN.--
2292	(a)  A local government that is located in a rural area of
2293	critical economic concern designated pursuant to s. 288.0656(7)
2294	may request the Rural Economic Development Initiative to provide
2295	assistance in the preparation of plan amendments that will
2296	further economic activity consistent with the purpose of s.
2297	288.0656.
2298	(b)  A plan map amendment related solely to property within
2299	a site selected for a designated catalyst project pursuant to s.
2300	288.0656(7)(c) and that receives Rural Economic Development
2301	Initiative assistance pursuant to s. 288.0656(8) is subject to
2302	the alternative state review process in s. 163.32465(3)-(6). Any
2303	special area plan policies or map notations directly related to
2304	the map amendment may be adopted at the same time and in the
2305	same manner as the adoption of the map amendment.
2306	(20)  RURAL ECONOMIC DEVELOPMENT CENTERS.--
2307	(a)  The Legislature recognizes and finds that:
2308	1.  There are a number of facilities throughout the state
2309	that process, produce, or aid in the production or distribution
2310	of a variety of agriculturally based products, such as fruits,
2311	vegetables, timber, and other crops, as well as juices, paper,
2312	and building materials. These agricultural industrial facilities
2313	often have a significant amount of existing associated
2314	infrastructure that is used for the processing, production, or
2315	distribution of agricultural products.
2316	2.  Such rural centers of economic development often are
2317	located within or near communities in which the economy is
2318	largely dependent upon agriculture and agriculturally based
2319	products. These rural centers of economic development
2320	significantly enhance the economy of such communities. However,
2321	such agriculturally based communities often are
2322	socioeconomically challenged and many such communities have been
2323	designated as rural areas of critical economic concern.
2324	3.  If these rural centers of economic development are lost
2325	and not replaced with other job-creating enterprises, these
2326	communities will lose a substantial amount of their economies.
2327	The economies and employment bases of such communities should be
2328	diversified in order to protect against changes in national and
2329	international agricultural markets, land use patterns, weather,
2330	pests, or diseases or other events that could result in existing
2331	facilities within rural centers of economic development being
2332	permanently closed or temporarily shut down, ultimately
2333	resulting in an economic crisis for these communities.
2334	4.  It is a compelling state interest to preserve the
2335	viability of agriculture in this state and to protect rural and
2336	agricultural communities and the state from the economic
2337	upheaval that could result from short-term or long-term adverse
2338	changes in the agricultural economy. An essential part of
2339	protecting such communities while protecting viable agriculture
2340	for the long term is to encourage diversification of the
2341	employment base within rural centers of economic development for
2342	the purpose of providing jobs that are not solely dependent upon
2343	agricultural operations and to encourage the creation and
2344	expansion of industries that use agricultural products in
2345	innovative or new ways.
2346	(b)  For purposes of this subsection, the term "rural
2347	center of economic development" means a developed parcel or
2348	parcels of land in an unincorporated area:
2349	1.  On which there exists an operating facility or
2350	facilities, which employ at least 200 full-time employees, in
2351	the aggregate, used for processing and preparing for transport a
2352	farm product as defined in s. 163.3162 or any biomass material
2353	that could be used, directly or indirectly, for the production
2354	of fuel, renewable energy, bioenergy, or alternative fuel as
2355	defined by state law.
2356	2.  Including all contiguous lands at the site which are
2357	not used for cultivation of crops, but are still associated with
2358	the operation of such a facility or facilities.
2359	3.  Located within rural areas of critical economic concern
2360	or located in a county any portion of which has been designated
2361	as an area of critical economic concern as of January 1, 2008.
2362	(c)  Landowners within a rural center of economic
2363	development may apply for an amendment to the local government
2364	comprehensive plan for the purpose of expanding the industrial
2365	uses or facilities associated with the center or expanding the
2366	existing center to include industrial uses or facilities that
2367	are not dependent upon agriculture but that would diversify the
2368	local economy. An application for a comprehensive plan amendment
2369	under this paragraph may not increase the physical area of the
2370	rural center of economic development by more than 50 percent of
2371	the existing area unless the applicant demonstrates that
2372	infrastructure capacity exists or can be provided to support the
2373	improvements as required by the applicable sections of this
2374	chapter. Any single application may not increase the physical
2375	area of the existing rural center of economic development by
2376	more than 200 percent or 320 acres, whichever is less. Such
2377	amendment must propose projects that would create, upon
2378	completion, at least 50 new full-time jobs, and an applicant is
2379	encouraged to propose projects that would promote and further
2380	economic activity in the area consistent with the purpose of s.
2381	288.0656. Such amendment is presumed to be consistent with rule
2382	9J-5.006(5), Florida Administrative Code, and may include land
2383	uses and intensities of use consistent and compatible with the
2384	uses and intensities of use of the rural center of economic
2385	development. Such presumption may be rebutted by clear and
2386	convincing evidence.
2387	Section 8.  Section 163.3187, Florida Statutes, is amended
2388	to read:
2389	163.3187  Amendment of adopted comprehensive plan.--
2390	(1)  Amendments to comprehensive plans may be transmitted
2391	and adopted pursuant to this part may be made not more than once
2392	two times during any calendar year, with the following
2393	exceptions except:
2394	(a)  Local governments may transmit and adopt the following
2395	comprehensive plan amendments twice during any calendar year:
2396	1.  Future land use map amendments and special area
2397	policies associated with those map amendments for land within
2398	areas designated in the comprehensive plan for downtown
2399	revitalization pursuant to s. 163.3164(25), urban redevelopment
2400	pursuant to s. 163.3164(26), urban infill development pursuant
2401	to s. 163.3164(27), urban infill and redevelopment pursuant to
2402	s. 163.2517, or an urban service area pursuant to s.
2403	163.3180(5)(b)2.
2404	2.  Any local government comprehensive plan amendment
2405	establishing or implementing a rural land stewardship area
2406	pursuant to s. 163.3177(11)(d) or a sector plan pursuant to s.
2407	163.3245.
2408	(b)  The following amendments may be adopted by the local
2409	government at any time during a calendar year without regard for
2410	the frequency restrictions set forth in subparagraph (a)1.:
2411	1.(a)  Any local government comprehensive In the case of an
2412	emergency, comprehensive plan amendments may be made more often
2413	than twice during the calendar year if the additional plan
2414	amendment that is enacted in case of emergency and receives the
2415	approval of all of the members of the governing body. The term
2416	"emergency" means any occurrence or threat thereof whether
2417	accidental or natural, caused by humankind, in war or peace,
2418	which results or may result in substantial injury or harm to the
2419	population or substantial damage to or loss of property or
2420	public funds.
2421	2.(b)  Any local government comprehensive plan amendments
2422	directly related to a proposed development of regional impact,
2423	including changes which have been determined to be substantial
2424	deviations and including Florida Quality Developments pursuant
2425	to s. 380.061, may be initiated by a local planning agency and
2426	considered by the local governing body at the same time as the
2427	application for development approval using the procedures
2428	provided for local plan amendment in this section and applicable
2429	local ordinances, without regard to statutory or local ordinance
2430	limits on the frequency of consideration of amendments to the
2431	local comprehensive plan. Nothing in this subsection shall be
2432	deemed to require favorable consideration of a plan amendment
2433	solely because it is related to a development of regional
2434	impact.
2435	3.(c)  Any local government comprehensive plan amendments
2436	directly related to proposed small scale development activities
2437	may be approved without regard to statutory limits on the
2438	frequency of consideration of amendments to the local
2439	comprehensive plan. A small scale development amendment may be
2440	adopted only under the following conditions:
2441	a.1.  The proposed amendment involves a use of 10 acres or
2442	fewer and:
2443	(I)a.  The cumulative annual effect of the acreage for all
2444	small scale development amendments adopted by the local
2445	government shall not exceed:
2446	(A)(I)  A maximum of 120 acres in a local government that
2447	contains areas specifically designated in the local
2448	comprehensive plan for urban infill, urban redevelopment, or
2449	downtown revitalization as defined in s. 163.3164, urban infill
2450	and redevelopment areas designated under s. 163.2517,
2451	transportation concurrency exception areas approved pursuant to
2452	s. 163.3180(5), or regional activity centers and urban central
2453	business districts approved pursuant to s. 380.06(2)(e);
2454	however, amendments under this subparagraph paragraph may be
2455	applied to no more than 60 acres annually of property outside
2456	the designated areas listed in this sub-sub-sub-subparagraph
2457	sub-sub-subparagraph. Amendments adopted pursuant to paragraph
2458	(k) shall not be counted toward the acreage limitations for
2459	small scale amendments under this paragraph.
2460	(B)(II)  A maximum of 80 acres in a local government that
2461	does not contain any of the designated areas set forth in sub-
2462	sub-sub-subparagraph (A) sub-sub-subparagraph (I).
2463	(C)(III)  A maximum of 120 acres in a county established
2464	pursuant to s. 9, Art. VIII of the State Constitution.
2465	(II)b.  The proposed amendment does not involve the same
2466	property granted a change within the prior 12 months.
2467	(III)c.  The proposed amendment does not involve the same
2468	owner's property within 200 feet of property granted a change
2469	within the prior 12 months.
2470	(IV)d.  The proposed amendment does not involve a text
2471	change to the goals, policies, and objectives of the local
2472	government's comprehensive plan, but only proposes a land use
2473	change to the future land use map for a site-specific small
2474	scale development activity.
2475	(V)e.  The property that is the subject of the proposed
2476	amendment is not located within an area of critical state
2477	concern, unless the project subject to the proposed amendment
2478	involves the construction of affordable housing units meeting
2479	the criteria of s. 420.0004(3), and is located within an area of
2480	critical state concern designated by s. 380.0552 or by the
2481	Administration Commission pursuant to s. 380.05(1). Such
2482	amendment is not subject to the density limitations of sub-sub-
2483	subparagraph (VI) sub-subparagraph f., and shall be reviewed by
2484	the state land planning agency for consistency with the
2485	principles for guiding development applicable to the area of
2486	critical state concern where the amendment is located and is
2487	shall not become effective until a final order is issued under
2488	s. 380.05(6).
2489	(VI)f.  If the proposed amendment involves a residential
2490	land use, the residential land use has a density of 10 units or
2491	less per acre or the proposed future land use category allows a
2492	maximum residential density of the same or less than the maximum
2493	residential density allowable under the existing future land use
2494	category, except that this limitation does not apply to small
2495	scale amendments involving the construction of affordable
2496	housing units meeting the criteria of s. 420.0004(3) on property
2497	which will be the subject of a land use restriction agreement,
2498	or small scale amendments described in sub-sub-sub-subparagraph
2499	(I)(A) sub-sub-subparagraph a.(I) that are designated in the
2500	local comprehensive plan for urban infill, urban redevelopment,
2501	or downtown revitalization as defined in s. 163.3164, urban
2502	infill and redevelopment areas designated under s. 163.2517,
2503	transportation concurrency exception areas approved pursuant to
2504	s. 163.3180(5), or regional activity centers and urban central
2505	business districts approved pursuant to s. 380.06(2)(e).
2506	b.(I)2.a.  A local government that proposes to consider a
2507	plan amendment pursuant to this subparagraph paragraph is not
2508	required to comply with the procedures and public notice
2509	requirements of s. 163.3184(15)(c) for such plan amendments if
2510	the local government complies with the provisions in s.
2511	125.66(4)(a) for a county or in s. 166.041(3)(c) for a
2512	municipality. If a request for a plan amendment under this
2513	subparagraph paragraph is initiated by other than the local
2514	government, public notice is required.
2515	(II)b.  The local government shall send copies of the
2516	notice and amendment to the state land planning agency, the
2517	regional planning council, and any other person or entity
2518	requesting a copy. This information shall also include a
2519	statement identifying any property subject to the amendment that
2520	is located within a coastal high-hazard area as identified in
2521	the local comprehensive plan.
2522	c.3.  Small scale development amendments adopted pursuant
2523	to this subparagraph paragraph require only one public hearing
2524	before the governing board, which shall be an adoption hearing
2525	as described in s. 163.3184(7), and are not subject to the
2526	requirements of s. 163.3184(3)-(6) unless the local government
2527	elects to have them subject to those requirements.
2528	d.4.  If the small scale development amendment involves a
2529	site within an area that is designated by the Governor as a
2530	rural area of critical economic concern under s. 288.0656(7) for
2531	the duration of such designation, the 10-acre limit listed in
2532	sub-subparagraph a. subparagraph 1. shall be increased by 100
2533	percent to 20 acres. The local government approving the small
2534	scale plan amendment shall certify to The Office of Tourism,
2535	Trade, and Economic Development shall certify that the plan
2536	amendment furthers the economic objectives set forth in the
2537	executive order issued under s. 288.0656(7)(a) 288.0656(7), and
2538	the local government shall certify that the property subject to
2539	the plan amendment shall undergo public review to ensure that
2540	all concurrency requirements and federal, state, and local
2541	environmental permit requirements are met.
2542	4.(d)  Any comprehensive plan amendment required by a
2543	compliance agreement pursuant to s. 163.3184(16) may be approved
2544	without regard to statutory limits on the frequency of adoption
2545	of amendments to the comprehensive plan.
2546	(e)  A comprehensive plan amendment for location of a state
2547	correctional facility. Such an amendment may be made at any time
2548	and does not count toward the limitation on the frequency of
2549	plan amendments.
2550	5.(f)  Any comprehensive plan amendment that changes the
2551	schedule in the capital improvements element, and any amendments
2552	directly related to the schedule, may be made once in a calendar
2553	year on a date different from the two times provided in this
2554	subsection when necessary to coincide with the adoption of the
2555	local government's budget and capital improvements program.
2556	(g)  Any local government comprehensive plan amendments
2557	directly related to proposed redevelopment of brownfield areas
2558	designated under s. 376.80 may be approved without regard to
2559	statutory limits on the frequency of consideration of amendments
2560	to the local comprehensive plan.
2561	6.(h)  Any comprehensive plan amendments for port
2562	transportation facilities and projects that are eligible for
2563	funding by the Florida Seaport Transportation and Economic
2564	Development Council pursuant to s. 311.07.
2565	(i)  A comprehensive plan amendment for the purpose of
2566	designating an urban infill and redevelopment area under s.
2567	163.2517 may be approved without regard to the statutory limits
2568	on the frequency of amendments to the comprehensive plan.
2569	7.(j)  Any comprehensive plan amendment to establish public
2570	school concurrency pursuant to s. 163.3180(13), including, but
2571	not limited to, adoption of a public school facilities element
2572	pursuant to s. 163.3177(12) and adoption of amendments to the
2573	capital improvements element and intergovernmental coordination
2574	element. In order to ensure the consistency of local government
2575	public school facilities elements within a county, such elements
2576	shall be prepared and adopted on a similar time schedule.
2577	(k)  A local comprehensive plan amendment directly related
2578	to providing transportation improvements to enhance life safety
2579	on Controlled Access Major Arterial Highways identified in the
2580	Florida Intrastate Highway System, in counties as defined in s.
2581	125.011, where such roadways have a high incidence of traffic
2582	accidents resulting in serious injury or death. Any such
2583	amendment shall not include any amendment modifying the
2584	designation on a comprehensive development plan land use map nor
2585	any amendment modifying the allowable densities or intensities
2586	of any land.
2587	8.(l)  A comprehensive plan amendment to adopt a public
2588	educational facilities element pursuant to s. 163.3177(12) and
2589	Future land-use-map amendments for school siting may be approved
2590	notwithstanding statutory limits on the frequency of adopting
2591	plan amendments.
2592	9.(m)  A comprehensive plan amendment that addresses
2593	criteria or compatibility of land uses adjacent to or in close
2594	proximity to military installations in a local government's
2595	future land use element does not count toward the limitation on
2596	the frequency of the plan amendments.
2597	(n)  Any local government comprehensive plan amendment
2598	establishing or implementing a rural land stewardship area
2599	pursuant to the provisions of s. 163.3177(11)(d).
2600	10.(o)  A comprehensive plan amendment that is submitted by
2601	an area designated by the Governor as a rural area of critical
2602	economic concern under s. 288.0656(7) and that meets the
2603	economic development objectives. Before the adoption of such an
2604	amendment, the local government shall obtain from the Office of
2605	Tourism, Trade, and Economic Development written certification
2606	that the plan amendment furthers the economic objectives set
2607	forth in the executive order issued under s. 288.0656(7) may be
2608	approved without regard to the statutory limits on the frequency
2609	of adoption of amendments to the comprehensive plan.
2610	11.(p)  Any local government comprehensive plan amendment
2611	that is consistent with the local housing incentive strategies
2612	identified in s. 420.9076 and authorized by the local
2613	government.
2614	12.  Any local government comprehensive plan amendment
2615	adopted pursuant to a final order issued by the Administration
2616	Commission or the Florida Land and Water Adjudicatory
2617	Commission.
2618	(2)  Comprehensive plans may only be amended in such a way
2619	as to preserve the internal consistency of the plan pursuant to
2620	s. 163.3177(2). Corrections, updates, or modifications of
2621	current costs which were set out as part of the comprehensive
2622	plan shall not, for the purposes of this act, be deemed to be
2623	amendments.
2624	(3)(a)  The state land planning agency shall not review or
2625	issue a notice of intent for small scale development amendments
2626	which satisfy the requirements of subparagraph (1)(b)3.
2627	paragraph (1)(c). Any affected person may file a petition with
2628	the Division of Administrative Hearings pursuant to ss. 120.569
2629	and 120.57 to request a hearing to challenge the compliance of a
2630	small scale development amendment with this act within 30 days
2631	following the local government's adoption of the amendment,
2632	shall serve a copy of the petition on the local government, and
2633	shall furnish a copy to the state land planning agency. An
2634	administrative law judge shall hold a hearing in the affected
2635	jurisdiction not less than 30 days nor more than 60 days
2636	following the filing of a petition and the assignment of an
2637	administrative law judge. The parties to a hearing held pursuant
2638	to this subsection shall be the petitioner, the local
2639	government, and any intervenor. In the proceeding, the local
2640	government's determination that the small scale development
2641	amendment is in compliance is presumed to be correct. The local
2642	government's determination shall be sustained unless it is shown
2643	by a preponderance of the evidence that the amendment is not in
2644	compliance with the requirements of this act. In any proceeding
2645	initiated pursuant to this subsection, the state land planning
2646	agency may intervene.
2647	(b)1.  If the administrative law judge recommends that the
2648	small scale development amendment be found not in compliance,
2649	the administrative law judge shall submit the recommended order
2650	to the Administration Commission for final agency action. If the
2651	administrative law judge recommends that the small scale
2652	development amendment be found in compliance, the administrative
2653	law judge shall submit the recommended order to the state land
2654	planning agency.
2655	2.  If the state land planning agency determines that the
2656	plan amendment is not in compliance, the agency shall submit,
2657	within 30 days following its receipt, the recommended order to
2658	the Administration Commission for final agency action. If the
2659	state land planning agency determines that the plan amendment is
2660	in compliance, the agency shall enter a final order within 30
2661	days following its receipt of the recommended order.
2662	(c)  Small scale development amendments shall not become
2663	effective until 31 days after adoption. If challenged within 30
2664	days after adoption, small scale development amendments shall
2665	not become effective until the state land planning agency or the
2666	Administration Commission, respectively, issues a final order
2667	determining the adopted small scale development amendment is in
2668	compliance. However, a small-scale amendment shall not become
2669	effective until it has been submitted to the state land planning
2670	agency as required by sub-sub-subparagraph (1)(b)3.b.(I).
2671	(4)  Each governing body shall transmit to the state land
2672	planning agency a current copy of its comprehensive plan not
2673	later than December 1, 1985. Each governing body shall also
2674	transmit copies of any amendments it adopts to its comprehensive
2675	plan so as to continually update the plans on file with the
2676	state land planning agency.
2677	(5)  Nothing in this part is intended to prohibit or limit
2678	the authority of local governments to require that a person
2679	requesting an amendment pay some or all of the cost of public
2680	notice.
2681	(6)(a)  A No local government may not amend its
2682	comprehensive plan after the date established by the state land
2683	planning agency for adoption of its evaluation and appraisal
2684	report unless it has submitted its report or addendum to the
2685	state land planning agency as prescribed by s. 163.3191, except
2686	for plan amendments described in subparagraph (1)(b)2. paragraph
2687	(1)(b) or subparagraph (1)(b)6. paragraph (1)(h).
2688	(b)  A local government may amend its comprehensive plan
2689	after it has submitted its adopted evaluation and appraisal
2690	report and for a period of 1 year after the initial
2691	determination of sufficiency regardless of whether the report
2692	has been determined to be insufficient.
2693	(c)  A local government may not amend its comprehensive
2694	plan, except for plan amendments described in subparagraph
2695	(1)(b)2. paragraph (1)(b), if the 1-year period after the
2696	initial sufficiency determination of the report has expired and
2697	the report has not been determined to be sufficient.
2698	(d)  When the state land planning agency has determined
2699	that the report has sufficiently addressed all pertinent
2700	provisions of s. 163.3191, the local government may amend its
2701	comprehensive plan without the limitations imposed by paragraph
2702	(a) or paragraph (c).
2703	(e)  Any plan amendment which a local government attempts
2704	to adopt in violation of paragraph (a) or paragraph (c) is
2705	invalid, but such invalidity may be overcome if the local
2706	government readopts the amendment and transmits the amendment to
2707	the state land planning agency pursuant to s. 163.3184(7) after
2708	the report is determined to be sufficient.
2709	Section 9.  Subsection (1) of section 163.3245, Florida
2710	Statutes, is amended to read:
2711	163.3245  Optional sector plans.--
2712	(1)  In recognition of the benefits of conceptual long-
2713	range planning for the buildout of an area, and detailed
2714	planning for specific areas, as a demonstration project, the
2715	requirements of s. 380.06 may be addressed as identified by this
2716	section for up to 10 five local governments or combinations of
2717	local governments that which adopt into the comprehensive plan
2718	an optional sector plan in accordance with this section. This
2719	section is intended to further the intent of s. 163.3177(11),
2720	which supports innovative and flexible planning and development
2721	strategies, and the purposes of this part, and part I of chapter
2722	380, and to avoid duplication of effort in terms of the level of
2723	data and analysis required for a development of regional impact,
2724	while ensuring the adequate mitigation of impacts to applicable
2725	regional resources and facilities, including those within the
2726	jurisdiction of other local governments, as would otherwise be
2727	provided. Optional sector plans are intended for substantial
2728	geographic areas that include including at least 5,000 acres of
2729	one or more local governmental jurisdictions and are to
2730	emphasize urban form and protection of regionally significant
2731	resources and facilities. The state land planning agency may
2732	approve optional sector plans of less than 5,000 acres based on
2733	local circumstances if it is determined that the plan would
2734	further the purposes of this part and part I of chapter 380.
2735	Preparation of an optional sector plan is authorized by
2736	agreement between the state land planning agency and the
2737	applicable local governments under s. 163.3171(4). An optional
2738	sector plan may be adopted through one or more comprehensive
2739	plan amendments under s. 163.3184. However, an optional sector
2740	plan may not be authorized in an area of critical state concern.
2741	Section 10.  Paragraph (a) of subsection (1), subsection
2742	(2), paragraphs (b) and (c) of subsection (3), paragraph (b) of
2743	subsection (4), paragraphs (b), (c), and (g) of subsection (6),
2744	and subsection (7) of section 163.32465, Florida Statutes, are
2745	amended to read:
2746	163.32465  State review of local comprehensive plans in
2747	urban areas.--
2748	(1)  LEGISLATIVE FINDINGS.--
2749	(a)  The Legislature finds that local governments in this
2750	state have a wide diversity of resources, conditions, abilities,
2751	and needs. The Legislature also finds that the needs and
2752	resources of urban areas are different from those of rural areas
2753	and that different planning and growth management approaches,
2754	strategies, and techniques are required in urban areas. The
2755	state role in overseeing growth management should reflect this
2756	diversity and should vary based on local government conditions,
2757	capabilities, and needs, and the extent and type of development.
2758	Thus, the Legislature recognizes and finds that reduced state
2759	oversight of local comprehensive planning is justified for some
2760	local governments in urban areas.
2761	(2)  ALTERNATIVE STATE REVIEW PROCESS PILOT
2762	PROGRAM.--Pinellas and Broward Counties, and the municipalities
2763	within these counties, and Jacksonville, Miami, Tampa, and
2764	Hialeah shall follow an alternative state review process
2765	provided in this section. Municipalities within the pilot
2766	counties may elect, by super majority vote of the governing
2767	body, not to participate in the pilot program. In addition, any
2768	local government may elect, by simple majority vote, for the
2769	alternative state review process to apply to future land use map
2770	amendments and associated special area policies within areas
2771	designated in a comprehensive plan for downtown revitalization
2772	pursuant to s. 163.3164, urban redevelopment pursuant to s.
2773	163.3164, urban infill development pursuant to s. 163.3164, an
2774	urban service area pursuant to s. 163.3180(5)(b)2. or multimodal
2775	districts pursuant to s. 163.3180(15) or for plan map amendments
2776	related to catalyst projects pursuant to s. 163.3184(19).  At
2777	the public meeting for the election of the alternative process,
2778	the local government shall adopt by ordinance standards for
2779	ensuring compatible uses the local government will consider in
2780	evaluating future land use amendments within such areas. Local
2781	governments shall provide the state land planning agency with
2782	notification as to their election to use the alternative state
2783	review process. The local government's determination to
2784	participate in the pilot program shall be applied to all future
2785	amendments.
2786	(3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
2787	UNDER THE PILOT PROGRAM.--
2788	(b)  Amendments that qualify as small-scale development
2789	amendments may continue to be adopted by the pilot program
2790	jurisdictions pursuant to s. 163.3187(1)(c) and (3).
2791	(c)  Plan amendments that propose a rural land stewardship
2792	area pursuant to s. 163.3177(11)(d); propose an optional sector
2793	plan; update a comprehensive plan based on an evaluation and
2794	appraisal report; implement new statutory requirements not
2795	previously incorporated into a comprehensive plan; or new plans
2796	for newly incorporated municipalities are subject to state
2797	review as set forth in s. 163.3184.
2798	(4)  INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
2799	PILOT PROGRAM.--
2800	(b)  The agencies and local governments specified in
2801	paragraph (a) may provide comments regarding the amendment or
2802	amendments to the local government. The regional planning
2803	council review and comment shall be limited to effects on
2804	regional resources or facilities identified in the strategic
2805	regional policy plan and extrajurisdictional impacts that would
2806	be inconsistent with the comprehensive plan of the affected
2807	local government. A regional planning council shall not review
2808	and comment on a proposed comprehensive plan amendment prepared
2809	by such council unless the plan amendment has been changed by
2810	the local government subsequent to the preparation of the plan
2811	amendment by the regional planning council. County comments on
2812	municipal comprehensive plan amendments shall be primarily in
2813	the context of the relationship and effect of the proposed plan
2814	amendments on the county plan. Municipal comments on county plan
2815	amendments shall be primarily in the context of the relationship
2816	and effect of the amendments on the municipal plan. State agency
2817	comments may include technical guidance on issues of agency
2818	jurisdiction as it relates to the requirements of this part.
2819	Such comments shall clearly identify issues that, if not
2820	resolved, may result in an agency challenge to the plan
2821	amendment. For the purposes of this pilot program, agencies are
2822	encouraged to focus potential challenges on issues of regional
2823	or statewide importance. Agencies and local governments must
2824	transmit their comments to the affected local government such
2825	that they are received by the local government not later than 30
2826	thirty days from the date on which the agency or government
2827	received the amendment or amendments. Any comments from the
2828	agencies and local governments shall also be transmitted to the
2829	state land planning agency.
2830	(6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
2831	PROGRAM.--
2832	(b)  The state land planning agency may file a petition
2833	with the Division of Administrative Hearings pursuant to ss.
2834	120.569 and 120.57, with a copy served on the affected local
2835	government, to request a formal hearing. This petition must be
2836	filed with the Division within 30 days after the state land
2837	planning agency notifies the local government that the plan
2838	amendment package is complete. For purposes of this section, an
2839	amendment shall be deemed complete if it contains a full,
2840	executed copy of the adoption ordinance or ordinances; in the
2841	case of a text amendment, a full copy of the amended language in
2842	legislative format with new words inserted in the text
2843	underlined, and words to be deleted lined through with hyphens;
2844	in the case of a future land use map amendment, a copy of the
2845	future land use map clearly depicting the parcel, its existing
2846	future land use designation, and its adopted designation; and a
2847	copy of any data and analyses the local government deems
2848	appropriate. The state land planning agency shall notify the
2849	local government of any deficiencies within 5 working days of
2850	receipt of an amendment package that the package is complete or
2851	identify any deficiencies regarding completeness.
2852	(c)  The state land planning agency's challenge shall be
2853	limited to those issues raised in the comments provided by the
2854	reviewing agencies pursuant to paragraph (4)(b) that were
2855	clearly identified in the agency comments as an issue that may
2856	result in an agency challenge. The state land planning agency
2857	may challenge a plan amendment that has substantially changed
2858	from the version on which the agencies provided comments. For
2859	the purposes of this pilot program, the Legislature strongly
2860	encourages the state land planning agency to focus any challenge
2861	on issues of regional or statewide importance.
2862	(g)  An amendment adopted under the expedited provisions of
2863	this section shall not become effective until the time period
2864	for filing a challenge under paragraph (a) has expired 31 days
2865	after adoption. If timely challenged, an amendment shall not
2866	become effective until the state land planning agency or the
2867	Administration Commission enters a final order determining the
2868	adopted amendment to be in compliance.
2869	(7)  APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
2870	GOVERNMENTS.--Local governments and specific areas that have
2871	been designated for alternate review process pursuant to ss.
2872	163.3246 and 163.3184(17) and (18) are not subject to this
2873	section.
2874	Section 11.  Section 163.351, Florida Statutes, is created
2875	to read:
2876	163.351  Reporting requirements for community redevelopment
2877	agencies.--Each community redevelopment agency shall annually:
2878	(1)  By March 31, file with the governing body a report
2879	describing the progress made on each public project in the
2880	redevelopment plan which was funded during the preceding fiscal
2881	year and summarizing activities that, as of the end of the
2882	fiscal year, are planned for the upcoming fiscal year. On the
2883	date that the report is filed, the agency shall publish in a
2884	newspaper of general circulation in the community a notice that
2885	the report has been filed with the county or municipality and is
2886	available for inspection during business hours in the office of
2887	the clerk of the county or municipality and in the office of the
2888	agency.
2889	(2)  Provide the reports or information that a dependent
2890	special district is required to file under chapter 189 to the
2891	Department of Community Affairs.
2892	(3)  Provide the reports or information required under ss.
2893	218.32, 218.38, and 218.39 to the Department of Financial
2894	Services.
2895	Section 12.  Paragraph (c) of subsection (3) of section
2896	163.356, Florida Statutes, is amended to read:
2897	163.356  Creation of community redevelopment agency.--
2898	(3)
2899	(c)  The governing body of the county or municipality shall
2900	designate a chair and vice chair from among the commissioners.
2901	An agency may employ an executive director, technical experts,
2902	and such other agents and employees, permanent and temporary, as
2903	it requires, and determine their qualifications, duties, and
2904	compensation. For such legal service as it requires, an agency
2905	may employ or retain its own counsel and legal staff. An agency
2906	authorized to transact business and exercise powers under this
2907	part shall file with the governing body, on or before March 31
2908	of each year, a report of its activities for the preceding
2909	fiscal year, which report shall include a complete financial
2910	statement setting forth its assets, liabilities, income, and
2911	operating expenses as of the end of such fiscal year. At the
2912	time of filing the report, the agency shall publish in a
2913	newspaper of general circulation in the community a notice to
2914	the effect that such report has been filed with the county or
2915	municipality and that the report is available for inspection
2916	during business hours in the office of the clerk of the city or
2917	county commission and in the office of the agency.
2918	Section 13.  Paragraph (d) is added to subsection (3) of
2919	section 163.370, Florida Statutes, to read:
2920	163.370  Powers; counties and municipalities; community
2921	redevelopment agencies.--
2922	(3)  The following projects may not be paid for or financed
2923	by increment revenues:
2924	(d)  The substitution of increment revenues as security or
2925	payment for existing debt currently committed to pay debt
2926	service on existing structures or projects that are completed
2927	and operating.
2928	Section 14.  Subsections (6) and (8) of section 163.387,
2929	Florida Statutes, are amended to read:
2930	163.387  Redevelopment trust fund.--
2931	(6)  Moneys in the redevelopment trust fund may be expended
2932	from time to time for undertakings of a community redevelopment
2933	agency as described in the community redevelopment plan. Such
2934	expenditures may include for the following purposes, including,
2935	but are not limited to:
2936	(a)  Administrative and overhead expenses necessary or
2937	incidental to the implementation of a community redevelopment
2938	plan adopted by the agency.
2939	(b)  Expenses of redevelopment planning, surveys, and
2940	financial analysis, including the reimbursement of the governing
2941	body, any taxing authority, or the community redevelopment
2942	agency for such expenses incurred before the redevelopment plan
2943	was approved and adopted.
2944	(c)  Expenses related to the promotion or marketing of
2945	projects or activities in the redevelopment area which are
2946	sponsored by the community redevelopment agency.
2947	(d)(c)  The acquisition of real property in the
2948	redevelopment area.
2949	(e)(d)  The clearance and preparation of any redevelopment
2950	area for redevelopment and relocation of site occupants within
2951	or outside the community redevelopment area as provided in s.
2952	163.370.
2953	(f)(e)  The repayment of principal and interest or any
2954	redemption premium for loans, advances, bonds, bond anticipation
2955	notes, and any other form of indebtedness.
2956	(g)(f)  All expenses incidental to or connected with the
2957	issuance, sale, redemption, retirement, or purchase of bonds,
2958	bond anticipation notes, or other form of indebtedness,
2959	including funding of any reserve, redemption, or other fund or
2960	account provided for in the ordinance or resolution authorizing
2961	such bonds, notes, or other form of indebtedness.
2962	(h)(g)  The development of affordable housing within the
2963	community redevelopment area.
2964	(i)(h)  The development of Community policing innovations.
2965	(j)  The provision of law enforcement, fire rescue, or
2966	emergency medical services if the community redevelopment area
2967	has been in existence for at least 5 years.
2968
2969	This listing of types of expenditures is not an exclusive list
2970	of the expenditures that may be made under this subsection and
2971	is intended only to provide examples of some of the activities,
2972	projects, or expenses for which an expenditure may be made under
2973	this subsection.
2974	(8)  Each community redevelopment agency shall provide for
2975	an audit of the trust fund each fiscal year and a report of such
2976	audit to be prepared by an independent certified public
2977	accountant or firm. Such report shall describe the amount and
2978	source of deposits into, and the amount and purpose of
2979	withdrawals from, the trust fund during such fiscal year and the
2980	amount of principal and interest paid during such year on any
2981	indebtedness to which increment revenues are pledged and the
2982	remaining amount of such indebtedness. The agency shall provide
2983	by registered mail a copy of the report to each taxing
2984	authority.
2985	Section 15.  Paragraphs (b) and (e) of subsection (2) of
2986	section 288.0655, Florida Statutes, are amended to read:
2987	288.0655  Rural Infrastructure Fund.--
2988	(2)
2989	(b)  To facilitate access of rural communities and rural
2990	areas of critical economic concern as defined by the Rural
2991	Economic Development Initiative to infrastructure funding
2992	programs of the Federal Government, such as those offered by the
2993	United States Department of Agriculture and the United States
2994	Department of Commerce, and state programs, including those
2995	offered by Rural Economic Development Initiative agencies, and
2996	to facilitate local government or private infrastructure funding
2997	efforts, the office may award grants for up to 30 percent of the
2998	total infrastructure project cost. If an application for funding
2999	is for a catalyst site, as defined in s. 288.0656, the
3000	requirement for a local match may be waived. Eligible projects
3001	must be related to specific job-creation or job-retention
3002	opportunities. Eligible projects may also include improving any
3003	inadequate infrastructure that has resulted in regulatory action
3004	that prohibits economic or community growth or reducing the
3005	costs to community users of proposed infrastructure improvements
3006	that exceed such costs in comparable communities. Eligible uses
3007	of funds shall include improvements to public infrastructure for
3008	industrial or commercial sites and upgrades to or development of
3009	public tourism infrastructure. Authorized infrastructure may
3010	include the following public or public-private partnership
3011	facilities: storm water systems; telecommunications facilities;
3012	roads or other remedies to transportation impediments; nature-
3013	based tourism facilities; or other physical requirements
3014	necessary to facilitate tourism, trade, and economic development
3015	activities in the community. Authorized infrastructure may also
3016	include publicly owned self-powered nature-based tourism
3017	facilities; and additions to the distribution facilities of the
3018	existing natural gas utility as defined in s. 366.04(3)(c), the
3019	existing electric utility as defined in s. 366.02, or the
3020	existing water or wastewater utility as defined in s.
3021	367.021(12), or any other existing water or wastewater facility,
3022	which owns a gas or electric distribution system or a water or
3023	wastewater system in this state where:
3024	1.  A contribution-in-aid of construction is required to
3025	serve public or public-private partnership facilities under the
3026	tariffs of any natural gas, electric, water, or wastewater
3027	utility as defined herein; and
3028	2.  Such utilities as defined herein are willing and able
3029	to provide such service.
3030	(e)  To enable local governments to access the resources
3031	available pursuant to s. 403.973(19), the office may award
3032	grants for surveys, feasibility studies, and other activities
3033	related to the identification and preclearance review of land
3034	which is suitable for preclearance review. Authorized grants
3035	under this paragraph shall not exceed $75,000 each, except in
3036	the case of a project in a rural area of critical economic
3037	concern, in which case the grant shall not exceed $300,000. Any
3038	funds awarded under this paragraph must be matched at a level of
3039	50 percent with local funds, except that any funds awarded for a
3040	project in a rural area of critical economic concern must be
3041	matched at a level of 33 percent with local funds. If an
3042	application for funding is for a catalyst site, as defined in s.
3043	288.0656, the office may award grants for up to 40 percent of
3044	the total infrastructure project cost. In evaluating
3045	applications under this paragraph, the office shall consider the
3046	extent to which the application seeks to minimize administrative
3047	and consultant expenses.
3048	Section 16.  Section 288.0656, Florida Statutes, is amended
3049	to read:
3050	288.0656  Rural Economic Development Initiative.--
3051	(1)(a)  Recognizing that rural communities and regions
3052	continue to face extraordinary challenges in their efforts to
3053	achieve significant improvements to their economies,
3054	specifically in terms of personal income, job creation, average
3055	wages, and strong tax bases, it is the intent of the Legislature
3056	to encourage and facilitate the location and expansion in such
3057	rural communities of major economic development projects of
3058	significant scale.
3059	(b)  The Rural Economic Development Initiative, known as
3060	"REDI," is created within the Office of Tourism, Trade, and
3061	Economic Development, and the participation of state and
3062	regional agencies in this initiative is authorized.
3063	(2)  As used in this section, the term:
3064	(a)  "Catalyst project" means a business locating or
3065	expanding in a rural area of critical economic concern that is
3066	likely to serve as an economic growth opportunity of regional
3067	significance for the growth of a regional target industry
3068	cluster. The project shall provide capital investment of
3069	significant scale that will affect the entire region and that
3070	will facilitate the development of high-wage and high-skill
3071	jobs.
3072	(b)  "Catalyst site" means a parcel or parcels of land
3073	within a rural area of critical economic concern that has been
3074	prioritized by representatives of the jurisdictions within the
3075	rural area of critical economic concern, reviewed by REDI, and
3076	approved by the Office of Tourism, Trade, and Economic
3077	Development for purposes of locating a catalyst project.
3078	(c)(a)  "Economic distress" means conditions affecting the
3079	fiscal and economic viability of a rural community, including
3080	such factors as low per capita income, low per capita taxable
3081	values, high unemployment, high underemployment, low weekly
3082	earned wages compared to the state average, low housing values
3083	compared to the state average, high percentages of the
3084	population receiving public assistance, high poverty levels
3085	compared to the state average, and a lack of year-round stable
3086	employment opportunities.
3087	(d)  "Rural area of critical economic concern" means a
3088	rural community, or a region composed of rural communities,
3089	designated by the Governor, that has been adversely affected by
3090	an extraordinary economic event, severe or chronic distress, or
3091	a natural disaster or that presents a unique economic
3092	development opportunity of regional impact.
3093	(e)(b)  "Rural community" means:
3094	1.  A county with a population of 75,000 or less.
3095	2.  A county with a population of 120,000 100,000 or less
3096	that is contiguous to a county with a population of 75,000 or
3097	less.
3098	3.  A municipality within a county described in
3099	subparagraph 1. or subparagraph 2.
3100	4.  An unincorporated federal enterprise community or an
3101	incorporated rural city with a population of 25,000 or less and
3102	an employment base focused on traditional agricultural or
3103	resource-based industries, located in a county not defined as
3104	rural, which has at least three or more of the economic distress
3105	factors identified in paragraph (a) and verified by the Office
3106	of Tourism, Trade, and Economic Development.
3107
3108	For purposes of this paragraph, population shall be determined
3109	in accordance with the most recent official estimate pursuant to
3110	s. 186.901.
3111	(3)  REDI shall be responsible for coordinating and
3112	focusing the efforts and resources of state and regional
3113	agencies on the problems which affect the fiscal, economic, and
3114	community viability of Florida's economically distressed rural
3115	communities, working with local governments, community-based
3116	organizations, and private organizations that have an interest
3117	in the growth and development of these communities to find ways
3118	to balance environmental and growth management issues with local
3119	needs.
3120	(4)  REDI shall review and evaluate the impact of laws
3121	statutes and rules on rural communities and shall work to
3122	minimize any adverse impact and undertake outreach and capacity
3123	building efforts.
3124	(5)  REDI shall facilitate better access to state resources
3125	by promoting direct access and referrals to appropriate state
3126	and regional agencies and statewide organizations. REDI may
3127	undertake outreach, capacity-building, and other advocacy
3128	efforts to improve conditions in rural communities. These
3129	activities may include sponsorship of conferences and
3130	achievement awards.
3131	(6)(a)  By August 1 of each year, the head of each of the
3132	following agencies and organizations shall designate a high-
3133	level staff person from within the agency or organization to
3134	serve as the REDI representative for the agency or organization:
3135	1.  The Department of Community Affairs.
3136	2.  The Department of Transportation.
3137	3.  The Department of Environmental Protection.
3138	4.  The Department of Agriculture and Consumer Services.
3139	5.  The Department of State.
3140	6.  The Department of Health.
3141	7.  The Department of Children and Family Services.
3142	8.  The Department of Corrections.
3143	9.  The Agency for Workforce Innovation.
3144	10.  The Department of Education.
3145	11.  The Department of Juvenile Justice.
3146	12.  The Fish and Wildlife Conservation Commission.
3147	13.  Each water management district.
3148	14.  Enterprise Florida, Inc.
3149	15.  Workforce Florida, Inc.
3150	16.  The Florida Commission on Tourism or VISIT Florida.
3151	17.  The Florida Regional Planning Council Association.
3152	18.  The Agency for Health Care Administration Florida
3153	State Rural Development Council.
3154	19.  The Institute of Food and Agricultural Sciences
3155	(IFAS).
3156
3157	An alternate for each designee shall also be chosen, and the
3158	names of the designees and alternates shall be sent to the
3159	director of the Office of Tourism, Trade, and Economic
3160	Development.
3161	(b)  Each REDI representative must have comprehensive
3162	knowledge of his or her agency's functions, both regulatory and
3163	service in nature, and of the state's economic goals, policies,
3164	and programs. This person shall be the primary point of contact
3165	for his or her agency with REDI on issues and projects relating
3166	to economically distressed rural communities and with regard to
3167	expediting project review, shall ensure a prompt effective
3168	response to problems arising with regard to rural issues, and
3169	shall work closely with the other REDI representatives in the
3170	identification of opportunities for preferential awards of
3171	program funds and allowances and waiver of program requirements
3172	when necessary to encourage and facilitate long-term private
3173	capital investment and job creation.
3174	(c)  The REDI representatives shall work with REDI in the
3175	review and evaluation of statutes and rules for adverse impact
3176	on rural communities and the development of alternative
3177	proposals to mitigate that impact.
3178	(d)  Each REDI representative shall be responsible for
3179	ensuring that each district office or facility of his or her
3180	agency is informed about the Rural Economic Development
3181	Initiative and for providing assistance throughout the agency in
3182	the implementation of REDI activities.
3183	(7)(a)  REDI may recommend to the Governor up to three
3184	rural areas of critical economic concern. A rural area of
3185	critical economic concern must be a rural community, or a region
3186	composed of such, that has been adversely affected by an
3187	extraordinary economic event or a natural disaster or that
3188	presents a unique economic development opportunity of regional
3189	impact that will create more than 1,000 jobs over a 5-year
3190	period. The Governor may by executive order designate up to
3191	three rural areas of critical economic concern which will
3192	establish these areas as priority assignments for REDI as well
3193	as to allow the Governor, acting through REDI, to waive
3194	criteria, requirements, or similar provisions of any economic
3195	development incentive. Such incentives shall include, but not be
3196	limited to: the Qualified Target Industry Tax Refund Program
3197	under s. 288.106, the Quick Response Training Program under s.
3198	288.047, the Quick Response Training Program for participants in
3199	the welfare transition program under s. 288.047(8),
3200	transportation projects under s. 288.063, the brownfield
3201	redevelopment bonus refund under s. 288.107, and the rural job
3202	tax credit program under ss. 212.098 and 220.1895.
3203	(b)  Designation as a rural area of critical economic
3204	concern under this subsection shall be contingent upon the
3205	execution of a memorandum of agreement among the Office of
3206	Tourism, Trade, and Economic Development; the governing body of
3207	the county; and the governing bodies of any municipalities to be
3208	included within a rural area of critical economic concern. Such
3209	agreement shall specify the terms and conditions of the
3210	designation, including, but not limited to, the duties and
3211	responsibilities of the county and any participating
3212	municipalities to take actions designed to facilitate the
3213	retention and expansion of existing businesses in the area, as
3214	well as the recruitment of new businesses to the area.
3215	(c)  Each rural area of critical economic concern may
3216	designate catalyst projects provided that each catalyst project
3217	is specifically recommended by REDI, identified as a catalyst
3218	project by Enterprise Florida, Inc., and confirmed as a catalyst
3219	project by the Office of Tourism, Trade, and Economic
3220	Development. All state agencies and departments shall use all
3221	available tools and resources to the extent permissible by law
3222	to promote the creation and development of each catalyst project
3223	and the development of catalyst sites.
3224	(8)  REDI shall assist local governments within rural areas
3225	of critical economic concern with comprehensive planning needs
3226	pursuant to s. 163.3184(20) and that implement the provisions of
3227	this section. Such assistance shall reflect a multidisciplinary
3228	approach among all agencies and shall include economic
3229	development and planning objectives.
3230	(a)  A local government may request assistance in the
3231	preparation of plan amendments that will stimulate economic
3232	activity.
3233	1.  The local government must contact the Office of
3234	Tourism, Trade, and Economic Development to request assistance.
3235	2.  REDI representatives shall meet with the local
3236	government within 15 days after such request to develop the
3237	scope of assistance that will be provided to assist the
3238	development, transmittal, and adoption of the proposed
3239	comprehensive plan amendment.
3240	3.  As part of the assistance provided, REDI
3241	representatives shall also identify other needed local and
3242	developer actions for approval of the project and recommend a
3243	timeline for the local government and developer that will
3244	minimize project delays.
3245	(b)  In addition, REDI shall solicit requests each year for
3246	assistance from local governments within a rural area of
3247	critical economic concern to update the future land use element
3248	and other associated elements of the local government's
3249	comprehensive plan to better position the community to respond
3250	to economic development potential within the county or
3251	municipality. REDI shall provide direct assistance to such local
3252	governments to update their comprehensive plans pursuant to this
3253	paragraph. At least one comprehensive planning technical
3254	assistance effort shall be selected each year.
3255	(c)  REDI shall develop and annually update a technical
3256	assistance manual based upon experiences learned in providing
3257	direct assistance under this subsection.
3258	(9)(8)  REDI shall submit a report to the Governor, the
3259	President of the Senate, and the Speaker of the House of
3260	Representatives each year on or before September February 1 on
3261	all REDI activities for the prior fiscal year. This report shall
3262	include a status report on all projects currently being
3263	coordinated through REDI, the number of preferential awards and
3264	allowances made pursuant to this section, the dollar amount of
3265	such awards, and the names of the recipients. The report shall
3266	also include a description of all waivers of program
3267	requirements granted. The report shall also include information
3268	as to the economic impact of the projects coordinated by REDI.
3269	Section 17.  Paragraph (a) of subsection (7), paragraph (c)
3270	of subsection (19), and paragraph (n) of subsection (24) of
3271	section 380.06, Florida Statutes, are amended, and paragraph (v)
3272	is added to subsection (24) of that section, to read:
3273	380.06  Developments of regional impact.--
3274	(7)  PREAPPLICATION PROCEDURES.--
3275	(a)  Before filing an application for development approval,
3276	the developer shall contact the regional planning agency with
3277	jurisdiction over the proposed development to arrange a
3278	preapplication conference. Upon the request of the developer or
3279	the regional planning agency, other affected state and regional
3280	agencies shall participate in this conference and shall identify
3281	the types of permits issued by the agencies, the level of
3282	information required, and the permit issuance procedures as
3283	applied to the proposed development. The levels of service
3284	required in the transportation methodology shall be the same
3285	levels of service used to evaluate concurrency in accordance
3286	with s. 163.3180. The regional planning agency shall provide the
3287	developer information about the development-of-regional-impact
3288	process and the use of preapplication conferences to identify
3289	issues, coordinate appropriate state and local agency
3290	requirements, and otherwise promote a proper and efficient
3291	review of the proposed development. If agreement is reached
3292	regarding assumptions and methodology to be used in the
3293	application for development approval, the reviewing agencies may
3294	not subsequently object to those assumptions and methodologies
3295	unless subsequent changes to the project or information obtained
3296	during the review make those assumptions and methodologies
3297	inappropriate.
3298	(19)  SUBSTANTIAL DEVIATIONS.--
3299	(c)  An extension of the date of buildout of a development,
3300	or any phase thereof, by more than 7 years is presumed to create
3301	a substantial deviation subject to further development-of-
3302	regional-impact review. An extension of the date of buildout, or
3303	any phase thereof, of more than 5 years but not more than 7
3304	years is presumed not to create a substantial deviation. The
3305	extension of the date of buildout of an areawide development of
3306	regional impact by more than 5 years but less than 10 years is
3307	presumed not to create a substantial deviation. These
3308	presumptions may be rebutted by clear and convincing evidence at
3309	the public hearing held by the local government. An extension of
3310	5 years or less is not a substantial deviation. For the purpose
3311	of calculating when a buildout or phase date has been exceeded,
3312	the time shall be tolled during the pendency of administrative
3313	or judicial proceedings relating to development permits. Any
3314	extension of the buildout date of a project or a phase thereof
3315	shall automatically extend the commencement date of the project,
3316	the termination date of the development order, the expiration
3317	date of the development of regional impact, and the phases
3318	thereof if applicable by a like period of time. In recognition
3319	of the 2007 real estate market conditions, all development order
3320	phase, buildout, commencement, and expiration dates and all
3321	related local government approvals for projects that are
3322	developments of regional impact or Florida Quality Developments
3323	and under active construction on July 1, 2007, or for which a
3324	development order was adopted between January 1, 2006, and July
3325	1, 2007, regardless of whether or not active construction has
3326	commenced, are extended for 3 years regardless of any prior
3327	extension. The 3-year extension is not a substantial deviation,
3328	is not subject to further development-of-regional-impact review,
3329	and may not be considered when determining whether a subsequent
3330	extension is a substantial deviation under this subsection. This
3331	extension also applies to all associated local government
3332	approvals, including, but not limited to, agreements,
3333	certificates, and permits related to the project.
3334	(24)  STATUTORY EXEMPTIONS.--
3335	(n)  Any proposed development or redevelopment within an
3336	area designated in the comprehensive plan as an urban
3337	redevelopment area, a downtown revitalization area, an urban
3338	infill area, or an urban infill and redevelopment area under s.
3339	163.2517 is exempt from this section if the local government has
3340	entered into a binding agreement with jurisdictions that would
3341	be impacted and the Department of Transportation regarding the
3342	mitigation of impacts on state and regional transportation
3343	facilities, and has adopted a proportionate share methodology
3344	pursuant to s. 163.3180(16).
3345	(v)  Any development or change to a previously approved
3346	development of regional impact that is proposed for at least two
3347	uses, one of which is for use as an office, university medical
3348	school, hospital, or laboratory appropriate for research and
3349	development of medical technology, biotechnology, or life
3350	science applications is exempt from this section if:
3351	1.  The land is located in a designated urban infill area
3352	or within 5 miles of a state-supported biotechnical research
3353	facility or if a local government having jurisdiction
3354	recognizes, by resolution, that the land is located in a
3355	compact, high-intensity, and high-density multiuse area that is
3356	appropriate for intensive growth.
3357	2.  The land is located within three-fourths of 1 mile from
3358	one or more planned or programmed bus or light rail transit
3359	stops.
3360	3.  The development is registered with the United States
3361	Green Building Council and there is an intent to apply for
3362	certification of each building under the Leadership in Energy
3363	and Environmental Design rating program, or the development is
3364	registered by an alternate green building or development rating
3365	system that a local government having jurisdiction finds
3366	appropriate, by resolution.
3367
3368	If a use is exempt from review as a development of regional
3369	impact under paragraphs (a)-(u)(a)-(t), but will be part of a
3370	larger project that is subject to review as a development of
3371	regional impact, the impact of the exempt use must be included
3372	in the review of the larger project.
3373	Section 18.  Paragraph (f) of subsection (3) of section
3374	380.0651, Florida Statutes, is amended to read:
3375	380.0651  Statewide guidelines and standards.--
3376	(3)  The following statewide guidelines and standards shall
3377	be applied in the manner described in s. 380.06(2) to determine
3378	whether the following developments shall be required to undergo
3379	development-of-regional-impact review:
3380	(f)  Hotel or motel development.--
3381	1.  Any proposed hotel or motel development that is planned
3382	to create or accommodate 350 or more units; or
3383	2.  Any proposed hotel or motel development that is planned
3384	to create or accommodate 750 or more units, in a county with a
3385	population greater than 500,000 but not exceeding 1.5 million;
3386	or
3387	3.  Any proposed hotel or motel development that is planned
3388	to create or accommodate 750 or more units, in a county with a
3389	population greater than 1.5 million, and only in a geographic
3390	area specifically designated as highly suitable for increased
3391	threshold intensity in the approved local comprehensive plan and
3392	in the strategic regional policy plan.
3393	Section 19.  Subsection (13) is added to section 403.121,
3394	Florida Statutes, to read:
3395	403.121  Enforcement; procedure; remedies.--The department
3396	shall have the following judicial and administrative remedies
3397	available to it for violations of this chapter, as specified in
3398	s. 403.161(1).
3399	(13)  Any party subject to an executed consent order of the
3400	Department of Environmental Protection under chapter 373 or this
3401	chapter, pursuant to which a building permit is necessary to
3402	comply with the consent order for any existing operation,
3403	including nonconforming uses and structures, shall not be
3404	required to undergo or obtain site plan approval, conditional
3405	use, special exception, special permit, or other similar zoning
3406	approvals as a condition to issuance of the building permit.
3407	Section 20.  Subsection (5) of section 420.615, Florida
3408	Statutes, is amended to read:
3409	420.615  Affordable housing land donation density bonus
3410	incentives.--
3411	(5)  The local government, as part of the approval process,
3412	shall adopt a comprehensive plan amendment, pursuant to part II
3413	of chapter 163, for the receiving land that incorporates the
3414	density bonus. Such amendment shall be deemed a small scale
3415	amendment, shall be subject only to the requirements of adopted
3416	in the manner as required for small-scale amendments pursuant to
3417	s. 163.3187(1)(b)3.b. and c., is not subject to the requirements
3418	of s. 163.3184(3)-(11)(3)-(6), and is exempt from s.
3419	163.3187(1)(b)3.a. and from the limitation on the frequency of
3420	plan amendments as provided in s. 163.3187. An affected person
3421	as defined in s. 163.3184 may file a petition for administrative
3422	review pursuant to s. 163.3187(3) to challenge the compliance of
3423	an adopted plan amendment.
3424	Section 21.  Subsection (2) of section 257.193, Florida
3425	Statutes, is amended to read:
3426	257.193  Community Libraries in Caring Program.--
3427	(2)  The purpose of the Community Libraries in Caring
3428	Program is to assist libraries in rural communities, as defined
3429	in s. 288.0656(2)(e) 288.0656(2)(b) and subject to the
3430	provisions of s. 288.06561, to strengthen their collections and
3431	services, improve literacy in their communities, and improve the
3432	economic viability of their communities.
3433	Section 22.  Section 288.019, Florida Statutes, is amended
3434	to read:
3435	288.019  Rural considerations in grant review and
3436	evaluation processes.--
3437	(1)  Notwithstanding any other law, and to the fullest
3438	extent possible, the member agencies and organizations of the
3439	Rural Economic Development Initiative (REDI) as defined in s.
3440	288.0656(6)(a) shall review all grant and loan application
3441	evaluation criteria to ensure the fullest access for rural
3442	counties as defined in s. 288.0656(2)(e) 288.0656(2)(b) to
3443	resources available throughout the state.
3444	(2)(1)  Each REDI agency and organization shall review all
3445	evaluation and scoring procedures and develop modifications to
3446	those procedures which minimize the impact of a project within a
3447	rural area.
3448	(a)(2)  Evaluation criteria and scoring procedures must
3449	provide for an appropriate ranking based on the proportionate
3450	impact that projects have on a rural area when compared with
3451	similar project impacts on an urban area.
3452	(b)(3)  Evaluation criteria and scoring procedures must
3453	recognize the disparity of available fiscal resources for an
3454	equal level of financial support from an urban county and a
3455	rural county.
3456	1.(a)  The evaluation criteria should weight contribution
3457	in proportion to the amount of funding available at the local
3458	level.
3459	2.(b)  In-kind match should be allowed and applied as
3460	financial match when a county is experiencing financial distress
3461	through elevated unemployment at a rate in excess of the state's
3462	average by 5 percentage points or because of the loss of its ad
3463	valorem base.
3464	(c)(4)  For existing programs, the modified evaluation
3465	criteria and scoring procedure must be delivered to the Office
3466	of Tourism, Trade, and Economic Development for distribution to
3467	the REDI agencies and organizations. The REDI agencies and
3468	organizations shall review and make comments. Future rules,
3469	programs, evaluation criteria, and scoring processes must be
3470	brought before a REDI meeting for review, discussion, and
3471	recommendation to allow rural counties fuller access to the
3472	state's resources.
3473	Section 23.  Section 288.06561, Florida Statutes, is
3474	amended to read:
3475	288.06561  Reduction or waiver of financial match
3476	requirements.--
3477	(1)  Notwithstanding any other law, the member agencies and
3478	organizations of the Rural Economic Development Initiative
3479	(REDI), as defined in s. 288.0656(6)(a), shall review the
3480	financial match requirements for projects in rural areas as
3481	defined in s. 288.0656(2)(e) 288.0656(2)(b).
3482	(2)(1)  Each agency and organization shall develop a
3483	proposal to waive or reduce the match requirement for rural
3484	areas.
3485	(3)(2)  Agencies and organizations shall ensure that all
3486	proposals are submitted to the Office of Tourism, Trade, and
3487	Economic Development for review by the REDI agencies.
3488	(4)(3)  These proposals shall be delivered to the Office of
3489	Tourism, Trade, and Economic Development for distribution to the
3490	REDI agencies and organizations. A meeting of REDI agencies and
3491	organizations must be called within 30 days after receipt of
3492	such proposals for REDI comment and recommendations on each
3493	proposal.
3494	(5)(4)  Waivers and reductions must be requested by the
3495	county or community, and such county or community must have
3496	three or more of the factors identified in s. 288.0656(2)(c)
3497	288.0656(2)(a).
3498	(6)(5)  Any other funds available to the project may be
3499	used for financial match of federal programs when there is
3500	fiscal hardship, and the match requirements may not be waived or
3501	reduced.
3502	(7)(6)  When match requirements are not reduced or
3503	eliminated, donations of land, though usually not recognized as
3504	an in-kind match, may be permitted.
3505	(8)(7)  To the fullest extent possible, agencies and
3506	organizations shall expedite the rule adoption and amendment
3507	process if necessary to incorporate the reduction in match by
3508	rural areas in fiscal distress.
3509	(9)(8)  REDI shall include in its annual report an
3510	evaluation on the status of changes to rules, number of awards
3511	made with waivers, and recommendations for future changes.
3512	Section 24.  Paragraph (b) of subsection (4) of section
3513	339.2819, Florida Statutes, is amended to read:
3514	339.2819  Transportation Regional Incentive Program.--
3515	(4)
3516	(b)  In allocating Transportation Regional Incentive
3517	Program funds, priority shall be given to projects that:
3518	1.  Provide connectivity to the Strategic Intermodal System
3519	developed under s. 339.64.
3520	2.  Support economic development and the movement of goods
3521	in rural areas of critical economic concern designated under s.
3522	288.0656(7)(a) 288.0656(7).
3523	3.  Are subject to a local ordinance that establishes
3524	corridor management techniques, including access management
3525	strategies, right-of-way acquisition and protection measures,
3526	appropriate land use strategies, zoning, and setback
3527	requirements for adjacent land uses.
3528	4.  Improve connectivity between military installations and
3529	the Strategic Highway Network or the Strategic Rail Corridor
3530	Network.
3531	Section 25.  Paragraph (d) of subsection (15) of section
3532	627.6699, Florida Statutes, is amended to read:
3533	627.6699  Employee Health Care Access Act.--
3534	(15)  SMALL EMPLOYERS ACCESS PROGRAM.--
3535	(d)  Eligibility.--
3536	1.  Any small employer that is actively engaged in
3537	business, has its principal place of business in this state,
3538	employs up to 25 eligible employees on business days during the
3539	preceding calendar year, employs at least 2 employees on the
3540	first day of the plan year, and has had no prior coverage for
3541	the last 6 months may participate.
3542	2.  Any municipality, county, school district, or hospital
3543	employer located in a rural community as defined in s.
3544	288.0656(2)(e) 288.0656(2)(b) may participate.
3545	3.  Nursing home employers may participate.
3546	4.  Each dependent of a person eligible for coverage is
3547	also eligible to participate.
3548
3549	Any employer participating in the program must do so until the
3550	end of the term for which the carrier providing the coverage is
3551	obligated to provide such coverage to the program. Coverage for
3552	a small employer group that ceases to meet the eligibility
3553	requirements of this section may be terminated at the end of the
3554	policy period for which the necessary premiums have been paid.
3555	Section 26.  Paragraph (m) of subsection (3) of section
3556	125.0104, Florida Statutes, is amended to read:
3557	125.0104  Tourist development tax; procedure for levying;
3558	authorized uses; referendum; enforcement.--
3559	(3)  TAXABLE PRIVILEGES; EXEMPTIONS; LEVY; RATE.--
3560	(m)1.  In addition to any other tax which is imposed
3561	pursuant to this section, a high tourism impact county may
3562	impose an additional 1-percent tax on the exercise of the
3563	privilege described in paragraph (a) by extraordinary vote of
3564	the governing board of the county. The tax revenues received
3565	pursuant to this paragraph shall be used for one or more of the
3566	authorized uses pursuant to subsection (5). In addition, any
3567	high tourism impact county that is designated as an area of
3568	critical state concern pursuant to chapter 380 may also utilize
3569	revenues received pursuant to this paragraph for affordable or
3570	workforce housing as defined in chapter 420, or for affordable,
3571	workforce, or employee housing as defined in any adopted
3572	comprehensive plan, land development regulation, or local
3573	housing assistance plan. Such authority for the use of revenues
3574	for workforce, affordable, or employee housing shall extend for
3575	10 years after the date of any de-designation of a location as
3576	an area of critical state concern, or for the period of time
3577	required under any bond or other financing issued in accordance
3578	with or based upon the authority granted pursuant to the
3579	provisions of this section. Revenues derived pursuant to this
3580	paragraph shall be bondable in accordance with other laws
3581	regarding revenue bonding. Should a high tourism impact county
3582	designated as an area of critical state concern enact the tax
3583	specified in this paragraph, the revenue generated shall be
3584	distributed among incorporated and unincorporated areas based on
3585	the location of the living quarters or accommodations that are
3586	leased or rented. However, nothing in this paragraph shall
3587	preclude an interlocal agreement between local governments for
3588	the use of funds received pursuant to this paragraph in a manner
3589	that addresses the provision of affordable and workforce housing
3590	opportunities on a regional basis or in accordance with a
3591	multijurisdictional housing strategy, program, or policy.
3592	2.  A county is considered to be a high tourism impact
3593	county after the Department of Revenue has certified to such
3594	county that the sales subject to the tax levied pursuant to this
3595	section exceeded $600 million during the previous calendar year,
3596	or were at least 18 percent of the county's total taxable sales
3597	under chapter 212 where the sales subject to the tax levied
3598	pursuant to this section were a minimum of $200 million, except
3599	that no county authorized to levy a convention development tax
3600	pursuant to s. 212.0305 shall be considered a high tourism
3601	impact county. Once a county qualifies as a high tourism impact
3602	county, it shall retain this designation for the period the tax
3603	is levied pursuant to this paragraph.
3604	3.  The provisions of paragraphs (4)(a)-(d) shall not apply
3605	to the adoption of the additional tax authorized in this
3606	paragraph. The effective date of the levy and imposition of the
3607	tax authorized under this paragraph shall be the first day of
3608	the second month following approval of the ordinance by the
3609	governing board or the first day of any subsequent month as may
3610	be specified in the ordinance. A certified copy of such
3611	ordinance shall be furnished by the county to the Department of
3612	Revenue within 10 days after approval of such ordinance.
3613	Section 27.  Subsection (4) of section 159.807, Florida
3614	Statutes, is amended to read:
3615	159.807  State allocation pool.--
3616	(4)(a)  The state allocation pool shall also be used to
3617	provide written confirmations for private activity bonds that
3618	are to be issued by state agencies after June 1, which bonds,
3619	notwithstanding any other provisions of this part, shall receive
3620	priority in the use of the pool available at the time the notice
3621	of intent to issue such bonds is filed with the division.
3622	(b)  This subsection does not apply to the Florida Housing
3623	Finance Corporation:
3624	1.  Until its allocation pursuant to s. 159.804(3) has been
3625	exhausted, is unavailable, or is inadequate to provide an
3626	allocation pursuant to s. 159.804(3) and any carryforwards of
3627	volume limitation from prior years for the same carryforward
3628	purpose, as that term is defined in s. 146 of the Code, as the
3629	bonds it intends to issue have been completely utilized or have
3630	expired.
3631	2.  Prior to July 1 of any year, when housing bonds for
3632	which the Florida Housing Finance Corporation has made an
3633	assignment of its allocation permitted by s. 159.804(3)(c) have
3634	not been issued.
3635	Section 28.  Section 193.018, Florida Statutes, is created
3636	to read:
3637	193.018  Land owned by a community land trust used to
3638	provide affordable housing; assessment; structural improvements,
3639	condominium parcels, and cooperative parcels.--
3640	(1)  As used in this section, the term "community land
3641	trust" means a nonprofit entity that is qualified as charitable
3642	under s. 501(c)(3) of the Internal Revenue Code and has as one
3643	of its purposes the acquisition of land to be held in perpetuity
3644	for the primary purpose of providing affordable homeownership.
3645	(2)  A community land trust may convey structural
3646	improvements, condominium parcels, or cooperative parcels, that
3647	are located on specific parcels of land that are identified by a
3648	legal description contained in and subject to a ground lease
3649	having a term of at least 99 years, for the purpose of providing
3650	affordable housing to natural persons or families who meet the
3651	extremely-low, very-low, low, or moderate income limits
3652	specified in s. 420.0004, or the income limits for workforce
3653	housing, as defined in s. 420.5095(3). A community land trust
3654	shall retain a preemptive option to purchase any structural
3655	improvements, condominium parcels, or cooperative parcels on the
3656	land at a price determined by a formula specified in the ground
3657	lease which is designed to ensure that the structural
3658	improvements, condominium parcels, or cooperative parcels remain
3659	affordable.
3660	(3)  In arriving at just valuation under s. 193.011, a
3661	structural improvement, condominium parcel, or cooperative
3662	parcel providing affordable housing on land owned by a community
3663	land trust, and the land owned by a community land trust that is
3664	subject to a 99-year or longer ground lease, shall be assessed
3665	using the following criteria:
3666	(a)  The amount a willing purchase would pay a willing
3667	seller for the land is limited to an amount commensurate with
3668	the terms of the ground lease that restricts the use of the land
3669	to the provision of affordable housing in perpetuity.
3670	(b)  The amount a willing purchaser would pay a willing
3671	seller for resale-restricted improvements, condominium parcels,
3672	or cooperative parcels is limited to the amount determined by
3673	the formula in the ground lease.
3674	(c)  If the ground lease and all amendments and supplements
3675	thereto, or a memorandum documenting how such lease and
3676	amendments or supplements restrict the price at which the
3677	improvements, condominium parcels, or cooperative parcels may be
3678	sold, is recorded in the official public records of the county
3679	in which the leased land is located, the recorded lease and any
3680	amendments and supplements, or the recorded memorandum, shall be
3681	deemed a land use regulation during the term of the lease as
3682	amended or supplemented.
3683	Section 29.  Paragraph (d) of subsection (2) of section
3684	212.055, Florida Statutes, is amended to read:
3685	212.055  Discretionary sales surtaxes; legislative intent;
3686	authorization and use of proceeds.--It is the legislative intent
3687	that any authorization for imposition of a discretionary sales
3688	surtax shall be published in the Florida Statutes as a
3689	subsection of this section, irrespective of the duration of the
3690	levy. Each enactment shall specify the types of counties
3691	authorized to levy; the rate or rates which may be imposed; the
3692	maximum length of time the surtax may be imposed, if any; the
3693	procedure which must be followed to secure voter approval, if
3694	required; the purpose for which the proceeds may be expended;
3695	and such other requirements as the Legislature may provide.
3696	Taxable transactions and administrative procedures shall be as
3697	provided in s. 212.054.
3698	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
3699	(d)1.  The proceeds of the surtax authorized by this
3700	subsection and any accrued interest accrued thereto shall be
3701	expended by the school district, or within the county and
3702	municipalities within the county, or, in the case of a
3703	negotiated joint county agreement, within another county, to
3704	finance, plan, and construct infrastructure; and to acquire land
3705	for public recreation, or conservation, or protection of natural
3706	resources; or and to finance the closure of county-owned or
3707	municipally owned solid waste landfills that have been are
3708	already closed or are required to be closed close by order of
3709	the Department of Environmental Protection. Any use of the such
3710	proceeds or interest for purposes of landfill closure before
3711	prior to July 1, 1993, is ratified. Neither The proceeds and nor
3712	any interest may not accrued thereto shall be used for the
3713	operational expenses of any infrastructure, except that a any
3714	county that has with a population of fewer less than 75,000 and
3715	that is required to close a landfill by order of the Department
3716	of Environmental Protection may use the proceeds or any interest
3717	accrued thereto for long-term maintenance costs associated with
3718	landfill closure. Counties, as defined in s. 125.011 s.
3719	125.011(1), and charter counties may, in addition, use the
3720	proceeds or and any interest accrued thereto to retire or
3721	service indebtedness incurred for bonds issued before prior to
3722	July 1, 1987, for infrastructure purposes, and for bonds
3723	subsequently issued to refund such bonds. Any use of the such
3724	proceeds or interest for purposes of retiring or servicing
3725	indebtedness incurred for such refunding bonds before prior to
3726	July 1, 1999, is ratified.
3727	1.2.  For the purposes of this paragraph, the term
3728	"infrastructure" means:
3729	a.  Any fixed capital expenditure or fixed capital outlay
3730	associated with the construction, reconstruction, or improvement
3731	of public facilities that have a life expectancy of 5 or more
3732	years and any related land acquisition, land improvement,
3733	design, and engineering costs related thereto.
3734	b.  A fire department vehicle, an emergency medical service
3735	vehicle, a sheriff's office vehicle, a police department
3736	vehicle, or any other vehicle, and the such equipment necessary
3737	to outfit the vehicle for its official use or equipment that has
3738	a life expectancy of at least 5 years.
3739	c.  Any expenditure for the construction, lease, or
3740	maintenance of, or provision of utilities or security for,
3741	facilities, as defined in s. 29.008.
3742	d.  Any fixed capital expenditure or fixed capital outlay
3743	associated with the improvement of private facilities that have
3744	a life expectancy of 5 or more years and that the owner agrees
3745	to make available for use on a temporary basis as needed by a
3746	local government as a public emergency shelter or a staging area
3747	for emergency response equipment during an emergency officially
3748	declared by the state or by the local government under s.
3749	252.38. Such improvements under this sub-subparagraph are
3750	limited to those necessary to comply with current standards for
3751	public emergency evacuation shelters. The owner must shall enter
3752	into a written contract with the local government providing the
3753	improvement funding to make the such private facility available
3754	to the public for purposes of emergency shelter at no cost to
3755	the local government for a minimum period of 10 years after
3756	completion of the improvement, with the provision that the such
3757	obligation will transfer to any subsequent owner until the end
3758	of the minimum period.
3759	e.  Any land expenditure acquisition for a residential
3760	housing project in which at least 30 percent of the units are
3761	affordable to individuals or families whose total annual
3762	household income does not exceed 120 percent of the area median
3763	income adjusted for household size, if the land is owned by a
3764	local government or by a special district that enters into a
3765	written agreement with the local government to provide such
3766	housing. The local government or special district may enter into
3767	a ground lease with a public or private person or entity for
3768	nominal or other consideration for the construction of the
3769	residential housing project on land acquired pursuant to this
3770	sub-subparagraph..
3771	2.3.  Notwithstanding any other provision of this
3772	subsection, a local government infrastructure discretionary
3773	sales surtax imposed or extended after July 1, 1998, the
3774	effective date of this act may allocate up to provide for an
3775	amount not to exceed 15 percent of the local option sales surtax
3776	proceeds to be allocated for deposit in to a trust fund within
3777	the county's accounts created for the purpose of funding
3778	economic development projects having of a general public purpose
3779	of improving targeted to improve local economies, including the
3780	funding of operational costs and incentives related to such
3781	economic development. The ballot statement must indicate the
3782	intention to make an allocation under the authority of this
3783	subparagraph.
3784	Section 30.  Present subsections (25) through (41) of
3785	section 420.503, Florida Statutes, are redesignated as
3786	subsections (26) through (42), respectively, and a new
3787	subsection (25) is added to that section to read:
3788	420.503  Definitions.--As used in this part, the term:
3789	(25)  "Moderate rehabilitation" means repair or restoration
3790	of a dwelling unit when the value of such repair or restoration
3791	is 40 percent or less of the value of the dwelling but not less
3792	than $10,000 per dwelling unit.
3793	Section 31.  Subsection (47) is added to section 420.507,
3794	Florida Statutes, to read:
3795	420.507  Powers of the corporation.--The corporation shall
3796	have all the powers necessary or convenient to carry out and
3797	effectuate the purposes and provisions of this part, including
3798	the following powers which are in addition to all other powers
3799	granted by other provisions of this part:
3800	(47)  To develop and administer the Florida Public Housing
3801	Authority Preservation Grant Program. In developing and
3802	administering the program, the corporation may:
3803	(a)  Develop criteria for determining the priority for
3804	expending grants to preserve and rehabilitate 30-year and older
3805	buildings and units under public housing authority control as
3806	defined in chapter 421.
3807	(b)  Adopt rules for the grant program and exercise the
3808	powers authorized in this section.
3809	Section 32.  Paragraphs (c) and (l) of subsection (6) of
3810	section 420.5087, Florida Statutes, are amended to read:
3811	420.5087  State Apartment Incentive Loan Program.--There is
3812	hereby created the State Apartment Incentive Loan Program for
3813	the purpose of providing first, second, or other subordinated
3814	mortgage loans or loan guarantees to sponsors, including for-
3815	profit, nonprofit, and public entities, to provide housing
3816	affordable to very-low-income persons.
3817	(6)  On all state apartment incentive loans, except loans
3818	made to housing communities for the elderly to provide for
3819	lifesafety, building preservation, health, sanitation, or
3820	security-related repairs or improvements, the following
3821	provisions shall apply:
3822	(c)  The corporation shall provide by rule for the
3823	establishment of a review committee composed of the department
3824	and corporation staff and shall establish by rule a scoring
3825	system for evaluation and competitive ranking of applications
3826	submitted in this program, including, but not limited to, the
3827	following criteria:
3828	1.  Tenant income and demographic targeting objectives of
3829	the corporation.
3830	2.  Targeting objectives of the corporation which will
3831	ensure an equitable distribution of loans between rural and
3832	urban areas.
3833	3.  Sponsor's agreement to reserve the units for persons or
3834	families who have incomes below 50 percent of the state or local
3835	median income, whichever is higher, for a time period to exceed
3836	the minimum required by federal law or the provisions of this
3837	part.
3838	4.  Sponsor's agreement to reserve more than:
3839	a.  Twenty percent of the units in the project for persons
3840	or families who have incomes that do not exceed 50 percent of
3841	the state or local median income, whichever is higher; or
3842	b.  Forty percent of the units in the project for persons
3843	or families who have incomes that do not exceed 60 percent of
3844	the state or local median income, whichever is higher, without
3845	requiring a greater amount of the loans as provided in this
3846	section.
3847	5.  Provision for tenant counseling.
3848	6.  Sponsor's agreement to accept rental assistance
3849	certificates or vouchers as payment for rent.
3850	7.  Projects requiring the least amount of a state
3851	apartment incentive loan compared to overall project cost except
3852	that the share of the loan attributable to units serving
3853	extremely-low-income persons shall be excluded from this
3854	requirement.
3855	8.  Local government contributions and local government
3856	comprehensive planning and activities that promote affordable
3857	housing.
3858	9.  Project feasibility.
3859	10.  Economic viability of the project.
3860	11.  Commitment of first mortgage financing.
3861	12.  Sponsor's prior experience.
3862	13.  Sponsor's ability to proceed with construction.
3863	14.  Projects that directly implement or assist welfare-to-
3864	work transitioning.
3865	15.  Projects that reserve units for extremely-low-income
3866	persons.
3867	16.  Projects that include green building principles,
3868	storm-resistant construction, or other elements that reduce
3869	long-term costs relating to maintenance, utilities, or
3870	insurance.
3871	(l)  The proceeds of all loans shall be used for new
3872	construction, moderate rehabilitation, or substantial
3873	rehabilitation which creates or preserves affordable, safe, and
3874	sanitary housing units.
3875	Section 33.  Subsection (17) is added to section 420.5095,
3876	Florida Statutes, to read:
3877	420.5095  Community Workforce Housing Innovation Pilot
3878	Program.--
3879	(17)(a)  Funds appropriated by s. 33, chapter 2006-69, Laws
3880	of Florida, that were awarded but have been declined or returned
3881	shall be made available for projects that otherwise comply with
3882	the provisions of this section and that are created to provide
3883	workforce housing for teachers and instructional personnel
3884	employed by the school district in the county in which the
3885	project is located.
3886	(b)  Projects shall be given priority for funding when the
3887	school district provides the property for the project pursuant
3888	to s. 1001.43.
3889	(c)  Projects shall be given priority for funding when the
3890	public-private partnership includes the school district and a
3891	national nonprofit organization to provide financial support,
3892	technical assistance, and training for community-based
3893	revitalization efforts.
3894	(d)  Projects in counties which had a project selected for
3895	funding that declined or returned funds shall be given priority
3896	for funding.
3897	(e)  Projects shall be selected for funding by requests for
3898	proposals.
3899	Section 34.  Subsection (5) of section 420.615, Florida
3900	Statutes, is amended to read:
3901	420.615  Affordable housing land donation density bonus
3902	incentives.--
3903	(5)  The local government, as part of the approval process,
3904	shall adopt a comprehensive plan amendment, pursuant to part II
3905	of chapter 163, for the receiving land that incorporates the
3906	density bonus. Such amendment shall be deemed by operation of
3907	law a small scale amendment, shall be subject only to the
3908	requirements of adopted in the manner as required for small-
3909	scale amendments pursuant to s. 163.3187(1)(c)2. and 3., is not
3910	subject to the requirements of s. 163.3184(3)-(11)(3)-(6), and
3911	is exempt from s. 163.3187(1)(c)1. and the limitation on the
3912	frequency of plan amendments as provided in s. 163.3187. An
3913	affected person, as defined in s. 163.3184(1), may file a
3914	petition for administrative review pursuant to the requirements
3915	of s. 163.3187(3) to challenge the compliance of an adopted plan
3916	amendment.
3917	Section 35.  Section 420.628, Florida Statutes, is created
3918	to read:
3919	420.628  Affordable housing for children and young adults
3920	leaving foster care; legislative findings and intent.--
3921	(1)  The Legislature finds that there are many young adults
3922	who, through no fault of their own, live in foster families,
3923	group homes, and institutions and who face numerous barriers to
3924	a successful transition to adulthood.
3925	(2)  These youth in foster care are among those who may
3926	enter adulthood without the knowledge, skills, attitudes,
3927	habits, and relationships that will enable them to be productive
3928	members of society.
3929	(3)  The main barriers to safe and affordable housing for
3930	youth aging out of the foster care system are cost, lack of
3931	availability, the unwillingness of many landlords to rent to
3932	them, and their own lack of knowledge about how to be good
3933	tenants.
3934	(4)  The Legislature also finds that young adults who
3935	emancipate from the child welfare system are at risk of becoming
3936	homeless and those who were formerly in foster care are
3937	disproportionately represented in the homeless population.
3938	Without the stability of safe housing, all other services,
3939	training, and opportunities may not be effective.
3940	(5)  The Legislature further finds that making affordable
3941	housing available for young adults who transition from foster
3942	care decreases their chance of homelessness and may increase
3943	their ability to live independently in the future.
3944	(6)  The Legislature finds that the Road-to-Independence
3945	Program, as described in s. 409.1451, is similar to the Job
3946	Training Partnership Act for purposes of s. 42(i)(3)(D)(i)(II)
3947	of the Internal Revenue Code.
3948	(7)  The Legislature affirms that young adults
3949	transitioning out of foster care are to be considered eligible
3950	persons, as defined in ss. 420.503(17) and 420.9071(10), for
3951	affordable housing purposes and shall be encouraged to
3952	participate in state, federal, and local affordable housing
3953	programs.
3954	(8)  It is therefore the intent of the Legislature to
3955	encourage the Florida Housing Finance Corporation, State Housing
3956	Initiative Partnership Program agencies, local housing finance
3957	agencies, public housing authorities and their agents,
3958	developers, and other providers of affordable housing to make
3959	affordable housing available to youth transitioning out of
3960	foster care whenever and wherever possible.
3961	(9)  The Florida Housing Finance Corporation, State Housing
3962	Initiative Partnership Program agencies, local housing finance
3963	agencies, and public housing authorities shall coordinate with
3964	the Department of Children and Family Services and their agents
3965	and community-based care providers who are operating pursuant to
3966	s. 409.1671 to develop and implement strategies and procedures
3967	designed to increase affordable housing opportunities for young
3968	adults who are leaving the child welfare system.
3969	Section 36.  Subsections (4), (8), (16), and (25) of
3970	section 420.9071, Florida Statutes, are amended, and subsections
3971	(29) and (30) are added to that section, to read:
3972	420.9071  Definitions.--As used in ss. 420.907-420.9079,
3973	the term:
3974	(4)  "Annual gross income" means annual income as defined
3975	under the Section 8 housing assistance payments programs in 24
3976	C.F.R. part 5; annual income as reported under the census long
3977	form for the recent available decennial census; or adjusted
3978	gross income as defined for purposes of reporting under Internal
3979	Revenue Service Form 1040 for individual federal annual income
3980	tax purposes or as defined by standard practices used in the
3981	lending industry as detailed in the local housing assistance
3982	plan and approved by the corporation. Counties and eligible
3983	municipalities shall calculate income by annualizing verified
3984	sources of income for the household as the amount of income to
3985	be received in a household during the 12 months following the
3986	effective date of the determination.
3987	(8)  "Eligible housing" means any real and personal
3988	property located within the county or the eligible municipality
3989	which is designed and intended for the primary purpose of
3990	providing decent, safe, and sanitary residential units that are
3991	designed to meet the standards of the Florida Building Code or a
3992	predecessor building code adopted under chapter 553, or
3993	manufactured housing constructed after June 1994 and installed
3994	in accordance with mobile home installation standards of the
3995	Department of Highway Safety and Motor Vehicles, for home
3996	ownership or rental for eligible persons as designated by each
3997	county or eligible municipality participating in the State
3998	Housing Initiatives Partnership Program.
3999	(16)  "Local housing incentive strategies" means local
4000	regulatory reform or incentive programs to encourage or
4001	facilitate affordable housing production, which include at a
4002	minimum, assurance that permits as defined in s. 163.3164(7) and
4003	(8) for affordable housing projects are expedited to a greater
4004	degree than other projects; an ongoing process for review of
4005	local policies, ordinances, regulations, and plan provisions
4006	that increase the cost of housing prior to their adoption; and a
4007	schedule for implementing the incentive strategies. Local
4008	housing incentive strategies may also include other regulatory
4009	reforms, such as those enumerated in s. 420.9076 or those
4010	recommended by the affordable housing advisory committee in its
4011	triennial evaluation and adopted by the local governing body.
4012	(25)  "Recaptured funds" means funds that are recouped by a
4013	county or eligible municipality in accordance with the recapture
4014	provisions of its local housing assistance plan pursuant to s.
4015	420.9075(5)(h)(g) from eligible persons or eligible sponsors,
4016	which funds were not used for assistance to an eligible
4017	household for an eligible activity, when there is a who default
4018	on the terms of a grant award or loan award.
4019	(29)  "Assisted housing" or "assisted housing development"
4020	means a rental housing development, including rental housing in
4021	a mixed-use development, that received or currently receives
4022	funding from any federal or state housing program.
4023	(30)  "Preservation" means actions taken to keep rents in
4024	existing assisted housing affordable for extremely-low-income,
4025	very-low-income, low-income, and moderate-income households
4026	while ensuring that the property stays in good physical and
4027	financial condition for an extended period.
4028	Section 37.  Subsection (6) of section 420.9072, Florida
4029	Statutes, is amended to read:
4030	420.9072  State Housing Initiatives Partnership
4031	Program.--The State Housing Initiatives Partnership Program is
4032	created for the purpose of providing funds to counties and
4033	eligible municipalities as an incentive for the creation of
4034	local housing partnerships, to expand production of and preserve
4035	affordable housing, to further the housing element of the local
4036	government comprehensive plan specific to affordable housing,
4037	and to increase housing-related employment.
4038	(6)  The moneys that otherwise would be distributed
4039	pursuant to s. 420.9073 to a local government that does not meet
4040	the program's requirements for receipts of such distributions
4041	shall remain in the Local Government Housing Trust Fund to be
4042	administered by the corporation pursuant to s. 420.9078.
4043	Section 38.  Subsections (1) and (2) of section 420.9073,
4044	Florida Statutes, are amended, and subsections (5), (6), and (7)
4045	are added to that section, to read:
4046	420.9073  Local housing distributions.--
4047	(1)  Distributions calculated in this section shall be
4048	disbursed on a quarterly or more frequent monthly basis by the
4049	corporation beginning the first day of the month after program
4050	approval pursuant to s. 420.9072, subject to availability of
4051	funds. Each county's share of the funds to be distributed from
4052	the portion of the funds in the Local Government Housing Trust
4053	Fund received pursuant to s. 201.15(9) shall be calculated by
4054	the corporation for each fiscal year as follows:
4055	(a)  Each county other than a county that has implemented
4056	the provisions of chapter 83-220, Laws of Florida, as amended by
4057	chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
4058	receive the guaranteed amount for each fiscal year.
4059	(b)  Each county other than a county that has implemented
4060	the provisions of chapter 83-220, Laws of Florida, as amended by
4061	chapters 84-270, 86-152, and 89-252, Laws of Florida, may
4062	receive an additional share calculated as follows:
4063	1.  Multiply each county's percentage of the total state
4064	population excluding the population of any county that has
4065	implemented the provisions of chapter 83-220, Laws of Florida,
4066	as amended by chapters 84-270, 86-152, and 89-252, Laws of
4067	Florida, by the total funds to be distributed.
4068	2.  If the result in subparagraph 1. is less than the
4069	guaranteed amount as determined in subsection (3), that county's
4070	additional share shall be zero.
4071	3.  For each county in which the result in subparagraph 1.
4072	is greater than the guaranteed amount as determined in
4073	subsection (3), the amount calculated in subparagraph 1. shall
4074	be reduced by the guaranteed amount. The result for each such
4075	county shall be expressed as a percentage of the amounts so
4076	determined for all counties. Each such county shall receive an
4077	additional share equal to such percentage multiplied by the
4078	total funds received by the Local Government Housing Trust Fund
4079	pursuant to s. 201.15(9) reduced by the guaranteed amount paid
4080	to all counties.
4081	(2)  Effective July 1, 1995, Distributions calculated in
4082	this section shall be disbursed on a quarterly or more frequent
4083	monthly basis by the corporation beginning the first day of the
4084	month after program approval pursuant to s. 420.9072, subject to
4085	availability of funds. Each county's share of the funds to be
4086	distributed from the portion of the funds in the Local
4087	Government Housing Trust Fund received pursuant to s. 201.15(10)
4088	shall be calculated by the corporation for each fiscal year as
4089	follows:
4090	(a)  Each county shall receive the guaranteed amount for
4091	each fiscal year.
4092	(b)  Each county may receive an additional share calculated
4093	as follows:
4094	1.  Multiply each county's percentage of the total state
4095	population, by the total funds to be distributed.
4096	2.  If the result in subparagraph 1. is less than the
4097	guaranteed amount as determined in subsection (3), that county's
4098	additional share shall be zero.
4099	3.  For each county in which the result in subparagraph 1.
4100	is greater than the guaranteed amount, the amount calculated in
4101	subparagraph 1. shall be reduced by the guaranteed amount. The
4102	result for each such county shall be expressed as a percentage
4103	of the amounts so determined for all counties. Each such county
4104	shall receive an additional share equal to this percentage
4105	multiplied by the total funds received by the Local Government
4106	Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
4107	guaranteed amount paid to all counties.
4108	(5)  Notwithstanding subsections (1)-(4), the corporation
4109	is authorized to withhold up to $5 million from the total
4110	distribution each fiscal year to provide additional funding to
4111	counties and eligible municipalities in which a state of
4112	emergency has been declared by the Governor pursuant to chapter
4113	252. Any portion of such funds not distributed under this
4114	subsection by the end of the fiscal year shall be distributed as
4115	provided in this section.
4116	(6)  Notwithstanding subsections (1)-(4), the corporation
4117	is authorized to withhold up to $5 million from the total
4118	distribution each fiscal year to provide funding to counties and
4119	eligible municipalities to purchase properties subject to a
4120	State Housing Initiative Partnership Program lien and on which
4121	foreclosure proceedings have been initiated by any mortgagee.
4122	Each county and eligible municipality that receives funds under
4123	this subsection shall repay such funds to the corporation not
4124	later than the expenditure deadline for the fiscal year in which
4125	the funds were awarded. Amounts not repaid shall be withheld
4126	from the subsequent year's distribution. Any portion of such
4127	funds not distributed under this subsection by the end of the
4128	fiscal year shall be distributed as provided in this section.
4129	(7)  A county or eligible municipality that receives local
4130	housing distributions pursuant to this section shall expend
4131	those funds in accordance with the provisions of ss. 420.907-
4132	420.9079, corporation rule, and its local housing assistance
4133	plan.
4134	Section 39.  Subsections (1), (3), (5), and (8), paragraphs
4135	(a) and (h) of subsection (10), and paragraph (b) of subsection
4136	(13) of section 420.9075, Florida Statutes, are amended, and
4137	subsection (14) is added to that section, to read:
4138	420.9075  Local housing assistance plans; partnerships.--
4139	(1)(a)  Each county or eligible municipality participating
4140	in the State Housing Initiatives Partnership Program shall
4141	develop and implement a local housing assistance plan created to
4142	make affordable residential units available to persons of very
4143	low income, low income, or moderate income and to persons who
4144	have special housing needs, including, but not limited to,
4145	homeless people, the elderly, and migrant farmworkers, and
4146	persons with disabilities. High-cost counties or eligible
4147	municipalities as defined by rule of the corporation may include
4148	strategies to assist persons and households having annual
4149	incomes of not more than 140 percent of area median income. The
4150	plans are intended to increase the availability of affordable
4151	residential units by combining local resources and cost-saving
4152	measures into a local housing partnership and using private and
4153	public funds to reduce the cost of housing.
4154	(b)  Local housing assistance plans may allocate funds to:
4155	1.  Implement local housing assistance strategies for the
4156	provision of affordable housing.
4157	2.  Supplement funds available to the corporation to
4158	provide enhanced funding of state housing programs within the
4159	county or the eligible municipality.
4160	3.  Provide the local matching share of federal affordable
4161	housing grants or programs.
4162	4.  Fund emergency repairs, including, but not limited to,
4163	repairs performed by existing service providers under
4164	weatherization assistance programs under ss. 409.509-409.5093.
4165	5.  Further the housing element of the local government
4166	comprehensive plan adopted pursuant to s. 163.3184, specific to
4167	affordable housing.
4168	(3)(a)  Each local housing assistance plan shall include a
4169	definition of essential service personnel for the county or
4170	eligible municipality, including, but not limited to, teachers
4171	and educators, other school district, community college, and
4172	university employees, police and fire personnel, health care
4173	personnel, skilled building trades personnel, and other job
4174	categories.
4175	(b)  Each county and each eligible municipality is
4176	encouraged to develop a strategy within its local housing
4177	assistance plan that emphasizes the recruitment and retention of
4178	essential service personnel. The local government is encouraged
4179	to involve public and private sector employers. Compliance with
4180	the eligibility criteria established under this strategy shall
4181	be verified by the county or eligible municipality.
4182	(c)  Each county and each eligible municipality is
4183	encouraged to develop a strategy within its local housing
4184	assistance plan that addresses the needs of persons who are
4185	deprived of affordable housing due to the closure of a mobile
4186	home park or the conversion of affordable rental units to
4187	condominiums.
4188	(d)  Each county and each eligible municipality shall
4189	describe initiatives in the local housing assistance plan to
4190	encourage or require innovative design, green building
4191	principles, storm-resistant construction, or other elements that
4192	reduce long-term costs relating to maintenance, utilities, or
4193	insurance.
4194	(e)  Each county and each eligible municipality is
4195	encouraged to develop a strategy within its local housing
4196	assistance plan that provides program funds for the preservation
4197	of assisted housing.
4198	(5)  The following criteria apply to awards made to
4199	eligible sponsors or eligible persons for the purpose of
4200	providing eligible housing:
4201	(a)  At least 65 percent of the funds made available in
4202	each county and eligible municipality from the local housing
4203	distribution must be reserved for home ownership for eligible
4204	persons.
4205	(b)  At least 75 percent of the funds made available in
4206	each county and eligible municipality from the local housing
4207	distribution must be reserved for construction, rehabilitation,
4208	or emergency repair of affordable, eligible housing.
4209	(c)  Not more than 15 percent of the funds made available
4210	in each county and eligible municipality from the local housing
4211	distribution may be used for manufactured housing.
4212	(d)(c)  The sales price or value of new or existing
4213	eligible housing may not exceed 90 percent of the average area
4214	purchase price in the statistical area in which the eligible
4215	housing is located. Such average area purchase price may be that
4216	calculated for any 12-month period beginning not earlier than
4217	the fourth calendar year prior to the year in which the award
4218	occurs or as otherwise established by the United States
4219	Department of the Treasury.
4220	(e)(d)1.  All units constructed, rehabilitated, or
4221	otherwise assisted with the funds provided from the local
4222	housing assistance trust fund must be occupied by very-low-
4223	income persons, low-income persons, and moderate-income persons
4224	except as otherwise provided in this section.
4225	2.  At least 30 percent of the funds deposited into the
4226	local housing assistance trust fund must be reserved for awards
4227	to very-low-income persons or eligible sponsors who will serve
4228	very-low-income persons and at least an additional 30 percent of
4229	the funds deposited into the local housing assistance trust fund
4230	must be reserved for awards to low-income persons or eligible
4231	sponsors who will serve low-income persons. This subparagraph
4232	does not apply to a county or an eligible municipality that
4233	includes, or has included within the previous 5 years, an area
4234	of critical state concern designated or ratified by the
4235	Legislature for which the Legislature has declared its intent to
4236	provide affordable housing. The exemption created by this act
4237	expires on July 1, 2013 2008.
4238	(f)(e)  Loans shall be provided for periods not exceeding
4239	30 years, except for deferred payment loans or loans that extend
4240	beyond 30 years which continue to serve eligible persons.
4241	(g)(f)  Loans or grants for eligible rental housing
4242	constructed, rehabilitated, or otherwise assisted from the local
4243	housing assistance trust fund must be subject to recapture
4244	requirements as provided by the county or eligible municipality
4245	in its local housing assistance plan unless reserved for
4246	eligible persons for 15 years or the term of the assistance,
4247	whichever period is longer. Eligible sponsors that offer rental
4248	housing for sale before 15 years or that have remaining
4249	mortgages funded under this program must give a first right of
4250	refusal to eligible nonprofit organizations for purchase at the
4251	current market value for continued occupancy by eligible
4252	persons.
4253	(h)(g)  Loans or grants for eligible owner-occupied housing
4254	constructed, rehabilitated, or otherwise assisted from proceeds
4255	provided from the local housing assistance trust fund shall be
4256	subject to recapture requirements as provided by the county or
4257	eligible municipality in its local housing assistance plan.
4258	(i)(h)  The total amount of monthly mortgage payments or
4259	the amount of monthly rent charged by the eligible sponsor or
4260	her or his designee must be made affordable.
4261	(j)(i)  The maximum sales price or value per unit and the
4262	maximum award per unit for eligible housing benefiting from
4263	awards made pursuant to this section must be established in the
4264	local housing assistance plan.
4265	(k)(j)  The benefit of assistance provided through the
4266	State Housing Initiatives Partnership Program must accrue to
4267	eligible persons occupying eligible housing. This provision
4268	shall not be construed to prohibit use of the local housing
4269	distribution funds for a mixed income rental development.
4270	(l)(k)  Funds from the local housing distribution not used
4271	to meet the criteria established in paragraph (a) or paragraph
4272	(b) or not used for the administration of a local housing
4273	assistance plan must be used for housing production and finance
4274	activities, including, but not limited to, financing
4275	preconstruction activities or the purchase of existing units,
4276	providing rental housing, and providing home ownership training
4277	to prospective home buyers and owners of homes assisted through
4278	the local housing assistance plan.
4279	1.  Notwithstanding the provisions of paragraphs (a) and
4280	(b), program income as defined in s. 420.9071(24) may also be
4281	used to fund activities described in this paragraph.
4282	2.  When preconstruction due diligence activities conducted
4283	as part of a preservation strategy show that preservation of the
4284	units is not feasible and will not result in the production of
4285	an eligible unit, such costs shall be deemed a program expense
4286	rather than an administrative expense if such program expenses
4287	do not exceed 3 percent of the annual local housing
4288	distribution.
4289	3.  If both an award under the local housing assistance
4290	plan and federal low-income housing tax credits are used to
4291	assist a project and there is a conflict between the criteria
4292	prescribed in this subsection and the requirements of s. 42 of
4293	the Internal Revenue Code of 1986, as amended, the county or
4294	eligible municipality may resolve the conflict by giving
4295	precedence to the requirements of s. 42 of the Internal Revenue
4296	Code of 1986, as amended, in lieu of following the criteria
4297	prescribed in this subsection with the exception of paragraphs
4298	(a) and (e) (d) of this subsection.
4299	4.  Each county and each eligible municipality may award
4300	funds as a grant for construction, rehabilitation, or repair as
4301	part of disaster recovery or emergency repairs or to remedy
4302	accessibility or health and safety deficiencies. Any other
4303	grants must be approved as part of the local housing assistance
4304	plan.
4305	(8)  Pursuant to s. 420.531, the corporation shall provide
4306	training and technical assistance to local governments regarding
4307	the creation of partnerships, the design of local housing
4308	assistance strategies, the implementation of local housing
4309	incentive strategies, and the provision of support services.
4310	(10)  Each county or eligible municipality shall submit to
4311	the corporation by September 15 of each year a report of its
4312	affordable housing programs and accomplishments through June 30
4313	immediately preceding submittal of the report. The report shall
4314	be certified as accurate and complete by the local government's
4315	chief elected official or his or her designee. Transmittal of
4316	the annual report by a county's or eligible municipality's chief
4317	elected official, or his or her designee, certifies that the
4318	local housing incentive strategies, or, if applicable, the local
4319	housing incentive plan, have been implemented or are in the
4320	process of being implemented pursuant to the adopted schedule
4321	for implementation. The report must include, but is not limited
4322	to:
4323	(a)  The number of households served by income category,
4324	age, family size, and race, and data regarding any special needs
4325	populations such as farmworkers, homeless persons, persons with
4326	disabilities, and the elderly. Counties shall report this
4327	information separately for households served in the
4328	unincorporated area and each municipality within the county.
4329	(h)  Such other data or affordable housing accomplishments
4330	considered significant by the reporting county or eligible
4331	municipality or by the corporation.
4332	(13)
4333	(b)  If, as a result of its review of the annual report,
4334	the corporation determines that a county or eligible
4335	municipality has failed to implement a local housing incentive
4336	strategy, or, if applicable, a local housing incentive plan, it
4337	shall send a notice of termination of the local government's
4338	share of the local housing distribution by certified mail to the
4339	affected county or eligible municipality.
4340	1.  The notice must specify a date of termination of the
4341	funding if the affected county or eligible municipality does not
4342	implement the plan or strategy and provide for a local response.
4343	A county or eligible municipality shall respond to the
4344	corporation within 30 days after receipt of the notice of
4345	termination.
4346	2.  The corporation shall consider the local response that
4347	extenuating circumstances precluded implementation and grant an
4348	extension to the timeframe for implementation. Such an extension
4349	shall be made in the form of an extension agreement that
4350	provides a timeframe for implementation. The chief elected
4351	official of a county or eligible municipality or his or her
4352	designee shall have the authority to enter into the agreement on
4353	behalf of the local government.
4354	3.  If the county or the eligible municipality has not
4355	implemented the incentive strategy or entered into an extension
4356	agreement by the termination date specified in the notice, the
4357	local housing distribution share terminates, and any uncommitted
4358	local housing distribution funds held by the affected county or
4359	eligible municipality in its local housing assistance trust fund
4360	shall be transferred to the Local Government Housing Trust Fund
4361	to the credit of the corporation to administer pursuant to s.
4362	420.9078.
4363	4.a.  If the affected local government fails to meet the
4364	timeframes specified in the agreement, the corporation shall
4365	terminate funds. The corporation shall send a notice of
4366	termination of the local government's share of the local housing
4367	distribution by certified mail to the affected local government.
4368	The notice shall specify the termination date, and any
4369	uncommitted funds held by the affected local government shall be
4370	transferred to the Local Government Housing Trust Fund to the
4371	credit of the corporation to administer pursuant to s. 420.9078.
4372	b.  If the corporation terminates funds to a county, but an
4373	eligible municipality receiving a local housing distribution
4374	pursuant to an interlocal agreement maintains compliance with
4375	program requirements, the corporation shall thereafter
4376	distribute directly to the participating eligible municipality
4377	its share calculated in the manner provided in s. 420.9072.
4378	c.  Any county or eligible municipality whose local
4379	distribution share has been terminated may subsequently elect to
4380	receive directly its local distribution share by adopting the
4381	ordinance, resolution, and local housing assistance plan in the
4382	manner and according to the procedures provided in ss. 420.907-
4383	420.9079.
4384	(14)  If the corporation determines that a county or
4385	eligible municipality has expended program funds for an
4386	ineligible activity, the corporation shall require such funds to
4387	be repaid to the local housing assistance trust fund. Such
4388	repayment may not be made with funds from State Housing
4389	Initiatives Partnership Program funds.
4390	Section 40.  Paragraph (h) of subsection (2), subsections
4391	(5) and (6), and paragraph (a) of subsection (7) of section
4392	420.9076, Florida Statutes, are amended to read:
4393	420.9076  Adoption of affordable housing incentive
4394	strategies; committees.--
4395	(2)  The governing board of a county or municipality shall
4396	appoint the members of the affordable housing advisory committee
4397	by resolution. Pursuant to the terms of any interlocal
4398	agreement, a county and municipality may create and jointly
4399	appoint an advisory committee to prepare a joint plan. The
4400	ordinance adopted pursuant to s. 420.9072 which creates the
4401	advisory committee or the resolution appointing the advisory
4402	committee members must provide for 11 committee members and
4403	their terms. The committee must include:
4404	(h)  One citizen who actively serves on the local planning
4405	agency pursuant to s. 163.3174. If the local planning agency is
4406	comprised of the county or municipality commission, the
4407	commission may appoint a designee who is knowledgeable in the
4408	local planning process.
4409
4410	If a county or eligible municipality whether due to its small
4411	size, the presence of a conflict of interest by prospective
4412	appointees, or other reasonable factor, is unable to appoint a
4413	citizen actively engaged in these activities in connection with
4414	affordable housing, a citizen engaged in the activity without
4415	regard to affordable housing may be appointed. Local governments
4416	that receive the minimum allocation under the State Housing
4417	Initiatives Partnership Program may elect to appoint an
4418	affordable housing advisory committee with fewer than 11
4419	representatives if they are unable to find representatives who
4420	meet the criteria of paragraphs (a)-(k).
4421	(5)  The approval by the advisory committee of its local
4422	housing incentive strategies recommendations and its review of
4423	local government implementation of previously recommended
4424	strategies must be made by affirmative vote of a majority of the
4425	membership of the advisory committee taken at a public hearing.
4426	Notice of the time, date, and place of the public hearing of the
4427	advisory committee to adopt its evaluation and final local
4428	housing incentive strategies recommendations must be published
4429	in a newspaper of general paid circulation in the county. The
4430	notice must contain a short and concise summary of the
4431	evaluation and local housing incentives strategies
4432	recommendations to be considered by the advisory committee. The
4433	notice must state the public place where a copy of the
4434	evaluation and tentative advisory committee recommendations can
4435	be obtained by interested persons. The final report, evaluation,
4436	and recommendations shall be submitted to the corporation.
4437	(6)  Within 90 days after the date of receipt of the
4438	evaluation and local housing incentive strategies
4439	recommendations from the advisory committee, the governing body
4440	of the appointing local government shall adopt an amendment to
4441	its local housing assistance plan to incorporate the local
4442	housing incentive strategies it will implement within its
4443	jurisdiction. The amendment must include, at a minimum, the
4444	local housing incentive strategies required under s.
4445	420.9071(16). The local government must consider the strategies
4446	specified in paragraphs (4)(a)-(k) as recommended by the
4447	advisory committee.
4448	(7)  The governing board of the county or the eligible
4449	municipality shall notify the corporation by certified mail of
4450	its adoption of an amendment of its local housing assistance
4451	plan to incorporate local housing incentive strategies. The
4452	notice must include a copy of the approved amended plan.
4453	(a)  If the corporation fails to receive timely the
4454	approved amended local housing assistance plan to incorporate
4455	local housing incentive strategies, a notice of termination of
4456	its share of the local housing distribution shall be sent by
4457	certified mail by the corporation to the affected county or
4458	eligible municipality. The notice of termination must specify a
4459	date of termination of the funding if the affected county or
4460	eligible municipality has not adopted an amended local housing
4461	assistance plan to incorporate local housing incentive
4462	strategies. If the county or the eligible municipality has not
4463	adopted an amended local housing assistance plan to incorporate
4464	local housing incentive strategies by the termination date
4465	specified in the notice of termination, the local distribution
4466	share terminates; and any uncommitted local distribution funds
4467	held by the affected county or eligible municipality in its
4468	local housing assistance trust fund shall be transferred to the
4469	Local Government Housing Trust Fund to the credit of the
4470	corporation to administer the local government housing program
4471	pursuant to s. 420.9078.
4472	Section 41.  Section 420.9079, Florida Statutes, is amended
4473	to read:
4474	420.9079  Local Government Housing Trust Fund.--
4475	(1)  There is created in the State Treasury the Local
4476	Government Housing Trust Fund, which shall be administered by
4477	the corporation on behalf of the department according to the
4478	provisions of ss. 420.907-420.9076 420.907-420.9078 and this
4479	section. There shall be deposited into the fund a portion of the
4480	documentary stamp tax revenues as provided in s. 201.15, moneys
4481	received from any other source for the purposes of ss. 420.907-
4482	420.9076 420.907-420.9078 and this section, and all proceeds
4483	derived from the investment of such moneys. Moneys in the fund
4484	that are not currently needed for the purposes of the programs
4485	administered pursuant to ss. 420.907-420.9076 420.907-420.9078
4486	and this section shall be deposited to the credit of the fund
4487	and may be invested as provided by law. The interest received on
4488	any such investment shall be credited to the fund.
4489	(2)  The corporation shall administer the fund exclusively
4490	for the purpose of implementing the programs described in ss.
4491	420.907-420.9076 420.907-420.9078 and this section. With the
4492	exception of monitoring the activities of counties and eligible
4493	municipalities to determine local compliance with program
4494	requirements, the corporation shall not receive appropriations
4495	from the fund for administrative or personnel costs. For the
4496	purpose of implementing the compliance monitoring provisions of
4497	s. 420.9075(9), the corporation may request a maximum of one-
4498	quarter of 1 percent of the annual appropriation per state
4499	fiscal year. When such funding is appropriated, the corporation
4500	shall deduct the amount appropriated prior to calculating the
4501	local housing distribution pursuant to ss. 420.9072 and
4502	420.9073.
4503	Section 42.  Subsection (12) of section 1001.43, Florida
4504	Statutes, is amended to read:
4505	1001.43  Supplemental powers and duties of district school
4506	board.--The district school board may exercise the following
4507	supplemental powers and duties as authorized by this code or
4508	State Board of Education rule.
4509	(12)  AFFORDABLE HOUSING.--A district school board may use
4510	portions of school sites purchased within the guidelines of the
4511	State Requirements for Educational Facilities, land deemed not
4512	usable for educational purposes because of location or other
4513	factors, or land declared as surplus by the board to provide
4514	sites for affordable housing for teachers and other district
4515	personnel and, in areas of critical state concern, for other
4516	essential services personnel as defined by local affordable
4517	housing eligibility requirements, independently or in
4518	conjunction with other agencies as described in subsection (5).
4519	Section 43.  Section 166.0451, Florida Statutes, is amended
4520	to read:
4521	166.0451  Disposition of municipal property for affordable
4522	housing.--
4523	(1)  By July 1, 2007, and every 3 years thereafter, each
4524	municipality shall prepare an inventory list of all real
4525	property within its jurisdiction to which the municipality holds
4526	fee simple title that is appropriate for use as affordable
4527	housing. The inventory list must include the address and legal
4528	description of each such property and specify whether the
4529	property is vacant or improved. The governing body of the
4530	municipality must review the inventory list at a public hearing
4531	and may revise it at the conclusion of the public hearing.
4532	Following the public hearing, the governing body of the
4533	municipality shall adopt a resolution that includes an inventory
4534	list of such property.
4535	(2)  The properties identified as appropriate for use as
4536	affordable housing on the inventory list adopted by the
4537	municipality may be offered for sale and the proceeds may be
4538	used to purchase land for the development of affordable housing
4539	or to increase the local government fund earmarked for
4540	affordable housing, or may be sold with a restriction that
4541	requires the development of the property as permanent affordable
4542	housing, or may be donated to a nonprofit housing organization
4543	for the construction of permanent affordable housing.
4544	Alternatively, the municipality may otherwise make the property
4545	available for use for the production and preservation of
4546	permanent affordable housing. For purposes of this section, the
4547	term "affordable" has the same meaning as in s. 420.0004(3).
4548	(3)  As a precondition to receiving any state affordable
4549	housing funding or allocation for any project or program within
4550	the municipality's jurisdiction, a municipality must, by July 1
4551	of each year, provide certification that the inventory and any
4552	update required by this section is complete.
4553	Section 44.  Paragraph (c) of subsection (6) of section
4554	253.034, Florida Statutes, is amended, and paragraph (d) is
4555	added to subsection (8) of that section, to read:
4556	253.034  State-owned lands; uses.--
4557	(6)  The Board of Trustees of the Internal Improvement
4558	Trust Fund shall determine which lands, the title to which is
4559	vested in the board, may be surplused. For conservation lands,
4560	the board shall make a determination that the lands are no
4561	longer needed for conservation purposes and may dispose of them
4562	by an affirmative vote of at least three members. In the case of
4563	a land exchange involving the disposition of conservation lands,
4564	the board must determine by an affirmative vote of at least
4565	three members that the exchange will result in a net positive
4566	conservation benefit. For all other lands, the board shall make
4567	a determination that the lands are no longer needed and may
4568	dispose of them by an affirmative vote of at least three
4569	members.
4570	(c)  At least every 5 10 years, as a component of each land
4571	management plan or land use plan and in a form and manner
4572	prescribed by rule by the board, each manager shall evaluate and
4573	indicate to the board those lands that are not being used for
4574	the purpose for which they were originally leased. For
4575	conservation lands, the council shall review and shall recommend
4576	to the board whether such lands should be retained in public
4577	ownership or disposed of by the board. For nonconservation
4578	lands, the division shall review such lands and shall recommend
4579	to the board whether such lands should be retained in public
4580	ownership or disposed of by the board.
4581	(8)
4582	(d)  Beginning December 1, 2008, the Division of State
4583	Lands shall annually submit to the President of the Senate and
4584	the Speaker of the House of Representatives a copy of the state
4585	inventory that identifies all nonconservation lands, including
4586	lands that meet the surplus requirements of subsection (6) and
4587	lands purchased by the state, a state agency, or a water
4588	management district which are not essential or necessary for
4589	conservation purposes. The division shall also publish a copy of
4590	the annual inventory on its website and notify by electronic
4591	mail the executive head of the governing body of each local
4592	government that has lands in the inventory within its
4593	jurisdiction.
4594	Section 45.  Subsection (6) of section 421.08, Florida
4595	Statutes, is amended to read:
4596	421.08  Powers of authority.--An authority shall constitute
4597	a public body corporate and politic, exercising the public and
4598	essential governmental functions set forth in this chapter, and
4599	having all the powers necessary or convenient to carry out and
4600	effectuate the purpose and provisions of this chapter, including
4601	the following powers in addition to others herein granted:
4602	(6)  Within its area of operation: to investigate into
4603	living, dwelling, and housing conditions and into the means and
4604	methods of improving such conditions; to determine where slum
4605	areas exist or where there is a shortage of decent, safe, and
4606	sanitary dwelling accommodations for persons of low income; to
4607	make studies and recommendations relating to the problem of
4608	clearing, replanning, and reconstruction of slum areas and the
4609	problem of providing dwelling accommodations for persons of low
4610	income; to administer fair housing ordinances and other
4611	ordinances as adopted by cities, counties, or other authorities
4612	who wish to contract for administrative services and to
4613	cooperate with the city, the county, the state or any political
4614	subdivision thereof in action taken in connection with such
4615	problems; and to engage in research, studies, and
4616	experimentation on the subject of housing. However, the housing
4617	authority may not take action to prohibit access to a housing
4618	project by a state or local elected official or a candidate for
4619	state or local government office.
4620	Section 46.  The Legislature directs the Department of
4621	Transportation to establish an approved transportation
4622	methodology which recognizes that a planned, sustainable
4623	development of regional impact will likely achieve an internal
4624	capture rate in excess of 40 percent when fully developed. The
4625	adopted transportation methodology shall use a regional
4626	transportation model which incorporates professionally accepted
4627	modeling techniques applicable to well planned sustainable
4628	communities of the size, location, mix of uses, and design
4629	features, consistent with such communities. The adopted
4630	transportation methodology shall serve as the basis for
4631	sustainable development's traffic impact assessments by the
4632	department. The methodology review shall be completed and in use
4633	no later than December 1, 2008.
4634	Section 47.  Section 420.9078, Florida Statutes, is
4635	repealed.
4636	Section 48.  The sum of $300,000 is appropriated from
4637	nonrecurring revenue in the General Revenue Fund to the
4638	Legislative Committee on Intergovernmental Relations for the
4639	2008-2009 fiscal year to pay for costs associated with the
4640	mobility fee study and pilot project program established in
4641	section 4.
4642	Section 49.  There is hereby appropriated to the Department
4643	of Community Affairs, Division of Community Planning, 8 full-
4644	time equivalent positions and $431,299 from the Operating Trust
4645	Fund for fiscal year 2008-2009.
4646	Section 50.  This act shall take effect July 1, 2008.

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