Florida Senate - 2009                             CS for SB 2148
       
       
       
       By the Committee on Community Affairs; and Senator Bennett
       
       
       
       
       578-03342-09                                          20092148c1
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3174, F.S.; prohibiting the members of the local
    4         governing body from serving on the local planning
    5         agency; providing an exception; amending s. 163.3177,
    6         F.S.; revising standards for the future land use plan
    7         in a local comprehensive plan; revising standards for
    8         the housing element of a local comprehensive plan;
    9         requiring certain counties to certify that they have
   10         adopted a plan for ensuring affordable workforce
   11         housing before obtaining certain funding; authorizing
   12         the state land planning agency to amend administrative
   13         rules relating to planning criteria to allow for
   14         varying local conditions; deleting exemptions from the
   15         limitation on the frequency of plan amendments;
   16         extending the deadline for local governments to adopt
   17         a public school facilities element and interlocal
   18         agreement; providing legislative findings concerning
   19         the need to preserve agricultural land and protect
   20         rural agricultural communities from adverse changes in
   21         the agricultural economy; defining the term “rural
   22         agricultural industrial center”; authorizing a
   23         landowner within a rural agricultural industrial
   24         center to apply for an amendment to the comprehensive
   25         plan to expand an existing center; providing
   26         requirements for such application; providing a
   27         rebuttable presumption that such an amendment is
   28         consistent with state rule; providing certain
   29         exceptions to the approval of such amendment; amending
   30         s. 163.3180, F.S.; providing that certain projects or
   31         high-performance transit systems be considered as
   32         committed facilities; requiring that the costs
   33         associated with accommodating a transit facility be
   34         credited against the developer’s proportionate-share
   35         contribution; revising the calculation of school
   36         capacity to include relocatables used by a school
   37         district; providing a minimum state availability
   38         standard for school concurrency; providing that a
   39         developer is not required to reduce or eliminate
   40         backlog or address class size reduction; providing
   41         that charter schools be considered as a mitigation
   42         option under certain circumstances; requiring school
   43         districts to include relocatables in their calculation
   44         of school capacity under certain circumstances;
   45         providing for an Urban Placemaking Initiative Pilot
   46         Project Program; providing that certain local
   47         governments be designated as urban placemaking
   48         initiative pilot projects; providing requirements,
   49         criteria, procedures, and limitations for such local
   50         governments; amending s. 163.3184, F.S.; requiring
   51         that a potential applicant for a future land use map
   52         amendment meet certain notice and meeting requirements
   53         before filing such application; exempting small-scale
   54         amendments from certain requirements; revising certain
   55         deadlines for comments on the intergovernmental review
   56         and state planning agency review of plan amendments;
   57         providing that an amendment is deemed abandoned under
   58         certain circumstances; authorizing the state land
   59         planning agency to grant extensions for comments;
   60         requiring that a comprehensive plan or amendment be
   61         available to the public a specified number of days
   62         before a scheduled hearing; prohibiting certain types
   63         of changes to a plan amendment during a specified
   64         period before the hearing; requiring that the local
   65         government certify certain information to the state
   66         land planning agency; conforming a cross-reference;
   67         amending s. 163.3187, F.S.; limiting the adoption of
   68         certain plan amendments to twice per calendar year;
   69         authorizing local governments to adopt certain plan
   70         amendments at any time during a calendar year without
   71         regard for restrictions on frequency; deleting certain
   72         types of amendments from the list of amendments
   73         eligible for adoption at any time during a calendar
   74         year; deleting exemptions from frequency limitations;
   75         providing circumstances under which small-scale
   76         amendments become effective; amending s. 163.3202,
   77         F.S.; requiring that local land development
   78         regulations maintain the existing density of
   79         residential properties or recreational vehicle parks
   80         under certain circumstances; amending s. 163.3217,
   81         F.S.; deleting an exemption from the frequency
   82         requirements for the adoption of amendments to a local
   83         comprehensive plan; amending s. 163.340, F.S.;
   84         expanding the definition of the term “blighted area”
   85         to include land previously used as a military
   86         facility; amending s. 171.203, F.S.; deleting an
   87         exemption for the adoption of a municipal service area
   88         as an amendment to a local comprehensive plan;
   89         amending s. 380.06, F.S.; providing that the level-of
   90         service standards for the development-of-regional
   91         impact review is the same as the level-of-service
   92         standards for evaluating concurrency; conforming a
   93         cross-reference; amending s. 403.973, F.S.; providing
   94         legislative intent; providing certain criteria for
   95         regional centers for clean technology projects to
   96         receive expedited permitting; providing regulatory
   97         incentives for projects that meet such criteria;
   98         authorizing the Office of Tourism, Trade, and Economic
   99         Development within the Executive Office of the
  100         Governor to certify and decertify such projects;
  101         authorizing the office to create regional permit
  102         action teams; providing an effective date.
  103  
  104  Be It Enacted by the Legislature of the State of Florida:
  105  
  106         Section 1. Subsection (1) of section 163.3174, Florida
  107  Statutes, is amended to read:
  108         163.3174 Local planning agency.—
  109         (1) The governing body of each local government,
  110  individually or in combination as provided in s. 163.3171, shall
  111  designate and by ordinance establish a “local planning agency,”
  112  unless the agency is otherwise established by law.
  113  Notwithstanding any special act to the contrary, all local
  114  planning agencies or equivalent agencies that first review
  115  rezoning and comprehensive plan amendments in each municipality
  116  and county shall include a representative of the school district
  117  appointed by the school board as a nonvoting member of the local
  118  planning agency or equivalent agency to attend those meetings at
  119  which the agency considers comprehensive plan amendments and
  120  rezonings that would, if approved, increase residential density
  121  on the property that is the subject of the application. However,
  122  this subsection does not prevent the governing body of the local
  123  government from granting voting status to the school board
  124  member. Members of the local governing body may not serve on
  125  designate itself as the local planning agency pursuant to this
  126  subsection, except in a municipality having a population of
  127  10,000 or fewer with the addition of a nonvoting school board
  128  representative. The local governing body shall notify the state
  129  land planning agency of the establishment of its local planning
  130  agency. All local planning agencies shall provide opportunities
  131  for involvement by applicable community college boards, which
  132  may be accomplished by formal representation, membership on
  133  technical advisory committees, or other appropriate means. The
  134  local planning agency shall prepare the comprehensive plan or
  135  plan amendment after hearings to be held after public notice and
  136  shall make recommendations to the local governing body regarding
  137  the adoption or amendment of the plan. The local planning agency
  138  may be a local planning commission, the planning department of
  139  the local government, or other instrumentality, including a
  140  countywide planning entity established by special act or a
  141  council of local government officials created pursuant to s.
  142  163.02, provided the composition of the council is fairly
  143  representative of all the governing bodies in the county or
  144  planning area; however:
  145         (a) If a joint planning entity is in existence on the
  146  effective date of this act which authorizes the governing bodies
  147  to adopt and enforce a land use plan effective throughout the
  148  joint planning area, that entity shall be the agency for those
  149  local governments until such time as the authority of the joint
  150  planning entity is modified by law.
  151         (b) In the case of chartered counties, the planning
  152  responsibility between the county and the several municipalities
  153  therein shall be as stipulated in the charter.
  154         Section 2. Paragraphs (a), (c), (f), (g), and (h) of
  155  subsection (6), and paragraph (i) of subsection (10) of section
  156  163.3177, Florida Statutes, are amended, and subsection (15) is
  157  added to that section, to read:
  158         163.3177 Required and optional elements of comprehensive
  159  plan; studies and surveys.—
  160         (6) In addition to the requirements of subsections (1)-(5)
  161  and (12), the comprehensive plan shall include the following
  162  elements:
  163         (a) A future land use plan element designating proposed
  164  future general distribution, location, and extent of the uses of
  165  land for residential uses, commercial uses, industry,
  166  agriculture, recreation, conservation, education, public
  167  buildings and grounds, other public facilities, and other
  168  categories of the public and private uses of land. Counties are
  169  encouraged to designate rural land stewardship areas, pursuant
  170  to the provisions of paragraph (11)(d), as overlays on the
  171  future land use map. Each future land use category must be
  172  defined in terms of uses included rather than numerical caps,
  173  and must include standards to be followed in the control and
  174  distribution of population densities and building and structure
  175  intensities. The proposed distribution, location, and extent of
  176  the various categories of land use shall be shown on a land use
  177  map or map series which shall be supplemented by goals,
  178  policies, and measurable objectives. The future land use plan
  179  shall be based upon surveys, studies, and data regarding the
  180  area, including the amount of land required to accommodate
  181  anticipated growth; the projected population of the area; the
  182  character of undeveloped land; those factors limiting
  183  development, critical habitat designations as well as other
  184  applicable environmental protections, and local building
  185  restrictions incorporated into the comprehensive plan or land
  186  development code; the availability of water supplies, public
  187  facilities, and services; the need for redevelopment, including
  188  the renewal of blighted areas and the elimination of
  189  nonconforming uses which are inconsistent with the character of
  190  the community; the compatibility of uses on lands adjacent to or
  191  closely proximate to military installations; the discouragement
  192  of urban sprawl; energy-efficient land use patterns accounting
  193  for existing and future electric power generation and
  194  transmission systems; greenhouse gas reduction strategies; and,
  195  in rural communities, the need for job creation, capital
  196  investment, and economic development that will strengthen and
  197  diversify the community’s economy. The future land use plan may
  198  designate areas for future planned development use involving
  199  combinations of types of uses for which special regulations may
  200  be necessary to ensure development in accord with the principles
  201  and standards of the comprehensive plan and this act. The future
  202  land use plan element shall include criteria to be used to
  203  achieve the compatibility of adjacent or closely proximate lands
  204  with military installations. In addition, for rural communities,
  205  the amount of land designated for future planned industrial use
  206  shall be based upon surveys and studies that reflect the need
  207  for job creation, capital investment, and the necessity to
  208  strengthen and diversify the local economies, and shall not be
  209  limited solely by the projected population of the rural
  210  community. The future land use plan of a county may also
  211  designate areas for possible future municipal incorporation. The
  212  land use maps or map series shall generally identify and depict
  213  historic district boundaries and shall designate historically
  214  significant properties meriting protection. For coastal
  215  counties, the future land use element must include, without
  216  limitation, regulatory incentives and criteria that encourage
  217  the preservation of recreational and commercial working
  218  waterfronts as defined in s. 342.07. The future land use element
  219  must clearly identify the land use categories in which public
  220  schools are an allowable use. When delineating the land use
  221  categories in which public schools are an allowable use, a local
  222  government shall include in the categories sufficient land
  223  proximate to residential development to meet the projected needs
  224  for schools in coordination with public school boards and may
  225  establish differing criteria for schools of different type or
  226  size. Each local government shall include lands contiguous to
  227  existing school sites, to the maximum extent possible, within
  228  the land use categories in which public schools are an allowable
  229  use. The failure by a local government to comply with these
  230  school siting requirements will result in the prohibition of the
  231  local government’s ability to amend the local comprehensive
  232  plan, except for plan amendments described in s. 163.3187(1)(b),
  233  until the school siting requirements are met. Amendments
  234  proposed by a local government for purposes of identifying the
  235  land use categories in which public schools are an allowable use
  236  are exempt from the limitation on the frequency of plan
  237  amendments contained in s. 163.3187. The future land use element
  238  shall include criteria that encourage the location of schools
  239  proximate to urban residential areas to the extent possible and
  240  shall require that the local government seek to collocate public
  241  facilities, such as parks, libraries, and community centers,
  242  with schools to the extent possible and to encourage the use of
  243  elementary schools as focal points for neighborhoods. For
  244  schools serving predominantly rural counties, defined as a
  245  county with a population of 100,000 or fewer, an agricultural
  246  land use category shall be eligible for the location of public
  247  school facilities if the local comprehensive plan contains
  248  school siting criteria and the location is consistent with such
  249  criteria. Local governments required to update or amend their
  250  comprehensive plan to include criteria and address compatibility
  251  of adjacent or closely proximate lands with existing military
  252  installations in their future land use plan element shall
  253  transmit the update or amendment to the department by June 30,
  254  2006.
  255         (c) A general sanitary sewer, solid waste, drainage,
  256  potable water, and natural groundwater aquifer recharge element
  257  correlated to principles and guidelines for future land use,
  258  indicating ways to provide for future potable water, drainage,
  259  sanitary sewer, solid waste, and aquifer recharge protection
  260  requirements for the area. The element may be a detailed
  261  engineering plan including a topographic map depicting areas of
  262  prime groundwater recharge. The element shall describe the
  263  problems and needs and the general facilities that will be
  264  required for solution of the problems and needs. The element
  265  shall also include a topographic map depicting any areas adopted
  266  by a regional water management district as prime groundwater
  267  recharge areas for the Floridan or Biscayne aquifers. These
  268  areas shall be given special consideration when the local
  269  government is engaged in zoning or considering future land use
  270  for said designated areas. For areas served by septic tanks,
  271  soil surveys shall be provided which indicate the suitability of
  272  soils for septic tanks. Within 18 months after the governing
  273  board approves an updated regional water supply plan, the
  274  element must incorporate the alternative water supply project or
  275  projects selected by the local government from those identified
  276  in the regional water supply plan pursuant to s. 373.0361(2)(a)
  277  or proposed by the local government under s. 373.0361(7)(b). If
  278  a local government is located within two water management
  279  districts, the local government shall adopt its comprehensive
  280  plan amendment within 18 months after the later updated regional
  281  water supply plan. The element must identify such alternative
  282  water supply projects and traditional water supply projects and
  283  conservation and reuse necessary to meet the water needs
  284  identified in s. 373.0361(2)(a) within the local government’s
  285  jurisdiction and include a work plan, covering at least a 10
  286  year planning period, for building public, private, and regional
  287  water supply facilities, including development of alternative
  288  water supplies, which are identified in the element as necessary
  289  to serve existing and new development. The work plan shall be
  290  updated, at a minimum, every 5 years within 18 months after the
  291  governing board of a water management district approves an
  292  updated regional water supply plan. Amendments to incorporate
  293  the work plan do not count toward the limitation on the
  294  frequency of adoption of amendments to the comprehensive plan.
  295  Local governments, public and private utilities, regional water
  296  supply authorities, special districts, and water management
  297  districts are encouraged to cooperatively plan for the
  298  development of multijurisdictional water supply facilities that
  299  are sufficient to meet projected demands for established
  300  planning periods, including the development of alternative water
  301  sources to supplement traditional sources of groundwater and
  302  surface water supplies.
  303         (f)1. A housing element consisting of standards, plans, and
  304  principles to be followed in:
  305         a. The provision of housing for all current and anticipated
  306  future residents of the jurisdiction.
  307         b. The elimination of substandard dwelling conditions.
  308         c. The structural and aesthetic improvement of existing
  309  housing.
  310         d. The provision of adequate sites for future housing,
  311  including affordable workforce housing as defined in s.
  312  380.0651(3)(j), housing for low-income, very low-income, and
  313  moderate-income families, mobile homes, senior affordable
  314  housing, and group home facilities and foster care facilities,
  315  with supporting infrastructure and public facilities.
  316         e. Provision for relocation housing and identification of
  317  historically significant and other housing for purposes of
  318  conservation, rehabilitation, or replacement.
  319         f. The formulation of housing implementation programs.
  320         g. The creation or preservation of affordable housing to
  321  minimize the need for additional local services and avoid the
  322  concentration of affordable housing units only in specific areas
  323  of the jurisdiction.
  324         h.Energy efficiency in the design and construction of new
  325  housing.
  326         i.Use of renewable energy resources.
  327         (I)j. Each county in which the gap between the buying power
  328  of a family of four and the median county home sale price
  329  exceeds $170,000, as determined by the Florida Housing Finance
  330  Corporation, and which is not designated as an area of critical
  331  state concern shall adopt a plan for ensuring affordable
  332  workforce housing. At a minimum, the plan shall identify
  333  adequate sites for such housing. For purposes of this sub
  334  subparagraph, the term “workforce housing” means housing that is
  335  affordable to natural persons or families whose total household
  336  income does not exceed 140 percent of the area median income,
  337  adjusted for household size.
  338         (II)k. As a precondition to receiving any state affordable
  339  housing funding or allocation for any project or program within
  340  the jurisdiction of a county that is subject to sub-sub
  341  subparagraph (I) sub-subparagraph j., a county must, by July 1
  342  of each year, provide certification that the county has complied
  343  with the requirements of sub-sub-subparagraph (I) sub
  344  subparagraph j.
  345         h.Energy efficiency in the design and construction of new
  346  housing.
  347         i.The use of renewable energy resources.
  348         2. The goals, objectives, and policies of the housing
  349  element must be based on the data and analysis prepared on
  350  housing needs, including the affordable housing needs
  351  assessment. State and federal housing plans prepared on behalf
  352  of the local government must be consistent with the goals,
  353  objectives, and policies of the housing element. Local
  354  governments are encouraged to use job training, job creation,
  355  and economic solutions to address a portion of their affordable
  356  housing concerns.
  357         3.2. To assist local governments in housing data collection
  358  and analysis and assure uniform and consistent information
  359  regarding the state’s housing needs, the state land planning
  360  agency shall conduct an affordable housing needs assessment for
  361  all local jurisdictions on a schedule that coordinates the
  362  implementation of the needs assessment with the evaluation and
  363  appraisal reports required by s. 163.3191. Each local government
  364  shall use utilize the data and analysis from the needs
  365  assessment as one basis for the housing element of its local
  366  comprehensive plan. The agency shall allow a local government
  367  the option to perform its own needs assessment, if it uses the
  368  methodology established by the agency by rule.
  369         (g)1. For those units of local government identified in s.
  370  380.24, a coastal management element, appropriately related to
  371  the particular requirements of paragraphs (d) and (e) and
  372  meeting the requirements of s. 163.3178(2) and (3). The coastal
  373  management element shall set forth the policies that shall guide
  374  the local government’s decisions and program implementation with
  375  respect to the following objectives:
  376         a. Maintenance, restoration, and enhancement of the overall
  377  quality of the coastal zone environment, including, but not
  378  limited to, its amenities and aesthetic values.
  379         b. Continued existence of viable populations of all species
  380  of wildlife and marine life.
  381         c. The orderly and balanced utilization and preservation,
  382  consistent with sound conservation principles, of all living and
  383  nonliving coastal zone resources.
  384         d. Avoidance of irreversible and irretrievable loss of
  385  coastal zone resources.
  386         e. Ecological planning principles and assumptions to be
  387  used in the determination of suitability and extent of permitted
  388  development.
  389         f. Proposed management and regulatory techniques.
  390         g. Limitation of public expenditures that subsidize
  391  development in high-hazard coastal areas.
  392         h. Protection of human life against the effects of natural
  393  disasters.
  394         i. The orderly development, maintenance, and use of ports
  395  identified in s. 403.021(9) to facilitate deepwater commercial
  396  navigation and other related activities.
  397         j. Preservation, including sensitive adaptive use of
  398  historic and archaeological resources.
  399         2. As part of this element, a local government that has a
  400  coastal management element in its comprehensive plan is
  401  encouraged to adopt recreational surface water use policies that
  402  include applicable criteria for and consider such factors as
  403  natural resources, manatee protection needs, protection of
  404  working waterfronts and public access to the water, and
  405  recreation and economic demands. Criteria for manatee protection
  406  in the recreational surface water use policies should reflect
  407  applicable guidance outlined in the Boat Facility Siting Guide
  408  prepared by the Fish and Wildlife Conservation Commission. If
  409  the local government elects to adopt recreational surface water
  410  use policies by comprehensive plan amendment, such comprehensive
  411  plan amendment is exempt from the provisions of s. 163.3187(1).
  412  Local governments that wish to adopt recreational surface water
  413  use policies may be eligible for assistance with the development
  414  of such policies through the Florida Coastal Management Program.
  415  The Office of Program Policy Analysis and Government
  416  Accountability shall submit a report on the adoption of
  417  recreational surface water use policies under this subparagraph
  418  to the President of the Senate, the Speaker of the House of
  419  Representatives, and the majority and minority leaders of the
  420  Senate and the House of Representatives no later than December
  421  1, 2010.
  422         (h)1. An intergovernmental coordination element showing
  423  relationships and stating principles and guidelines to be used
  424  in the accomplishment of coordination of the adopted
  425  comprehensive plan with the plans of school boards, regional
  426  water supply authorities, and other units of local government
  427  providing services but not having regulatory authority over the
  428  use of land, with the comprehensive plans of adjacent
  429  municipalities, the county, adjacent counties, or the region,
  430  with the state comprehensive plan and with the applicable
  431  regional water supply plan approved pursuant to s. 373.0361, as
  432  the case may require and as such adopted plans or plans in
  433  preparation may exist. This element of the local comprehensive
  434  plan shall demonstrate consideration of the particular effects
  435  of the local plan, when adopted, upon the development of
  436  adjacent municipalities, the county, adjacent counties, or the
  437  region, or upon the state comprehensive plan, as the case may
  438  require.
  439         a. The intergovernmental coordination element shall provide
  440  for procedures to identify and implement joint planning areas,
  441  especially for the purpose of annexation, municipal
  442  incorporation, and joint infrastructure service areas.
  443         b. The intergovernmental coordination element shall provide
  444  for recognition of campus master plans prepared pursuant to s.
  445  1013.30.
  446         c. The intergovernmental coordination element may provide
  447  for a voluntary dispute resolution process as established
  448  pursuant to s. 186.509 for bringing to closure in a timely
  449  manner intergovernmental disputes. A local government may
  450  develop and use an alternative local dispute resolution process
  451  for this purpose.
  452         2. The intergovernmental coordination element shall further
  453  state principles and guidelines to be used in the accomplishment
  454  of coordination of the adopted comprehensive plan with the plans
  455  of school boards and other units of local government providing
  456  facilities and services but not having regulatory authority over
  457  the use of land. In addition, the intergovernmental coordination
  458  element shall describe joint processes for collaborative
  459  planning and decisionmaking on population projections and public
  460  school siting, the location and extension of public facilities
  461  subject to concurrency, and siting facilities with countywide
  462  significance, including locally unwanted land uses whose nature
  463  and identity are established in an agreement. Within 1 year of
  464  adopting their intergovernmental coordination elements, each
  465  county, all the municipalities within that county, the district
  466  school board, and any unit of local government service providers
  467  in that county shall establish by interlocal or other formal
  468  agreement executed by all affected entities, the joint processes
  469  described in this subparagraph consistent with their adopted
  470  intergovernmental coordination elements.
  471         3. To foster coordination between special districts and
  472  local general-purpose governments as local general-purpose
  473  governments implement local comprehensive plans, each
  474  independent special district must submit a public facilities
  475  report to the appropriate local government as required by s.
  476  189.415.
  477         4.a. Local governments must execute an interlocal agreement
  478  with the district school board, the county, and nonexempt
  479  municipalities pursuant to s. 163.31777. The local government
  480  shall amend the intergovernmental coordination element to
  481  provide that coordination between the local government and
  482  school board is pursuant to the agreement and shall state the
  483  obligations of the local government under the agreement.
  484         b.Plan amendments that comply with this subparagraph are
  485  exempt from the provisions of s. 163.3187(1).
  486         5. The state land planning agency shall establish a
  487  schedule for phased completion and transmittal of plan
  488  amendments to implement subparagraphs 1., 2., and 3. from all
  489  jurisdictions so as to accomplish their adoption by December 31,
  490  1999. A local government may complete and transmit its plan
  491  amendments to carry out these provisions prior to the scheduled
  492  date established by the state land planning agency. The plan
  493  amendments are exempt from the provisions of s. 163.3187(1).
  494         6. By January 1, 2004, any county having a population
  495  greater than 100,000, and the municipalities and special
  496  districts within that county, shall submit a report to the
  497  Department of Community Affairs which:
  498         a. Identifies all existing or proposed interlocal service
  499  delivery agreements regarding the following: education; sanitary
  500  sewer; public safety; solid waste; drainage; potable water;
  501  parks and recreation; and transportation facilities.
  502         b. Identifies any deficits or duplication in the provision
  503  of services within its jurisdiction, whether capital or
  504  operational. Upon request, the Department of Community Affairs
  505  shall provide technical assistance to the local governments in
  506  identifying deficits or duplication.
  507         7. Within 6 months after submission of the report, the
  508  Department of Community Affairs shall, through the appropriate
  509  regional planning council, coordinate a meeting of all local
  510  governments within the regional planning area to discuss the
  511  reports and potential strategies to remedy any identified
  512  deficiencies or duplications.
  513         8. Each local government shall update its intergovernmental
  514  coordination element based upon the findings in the report
  515  submitted pursuant to subparagraph 6. The report may be used as
  516  supporting data and analysis for the intergovernmental
  517  coordination element.
  518         (10) The Legislature recognizes the importance and
  519  significance of chapter 9J-5, Florida Administrative Code, the
  520  Minimum Criteria for Review of Local Government Comprehensive
  521  Plans and Determination of Compliance of the Department of
  522  Community Affairs that will be used to determine compliance of
  523  local comprehensive plans. The Legislature reserved unto itself
  524  the right to review chapter 9J-5, Florida Administrative Code,
  525  and to reject, modify, or take no action relative to this rule.
  526  Therefore, pursuant to subsection (9), the Legislature hereby
  527  has reviewed chapter 9J-5, Florida Administrative Code, and
  528  expresses the following legislative intent:
  529         (i) The Legislature recognizes that due to varying local
  530  conditions, local governments have different planning needs that
  531  cannot be addressed by applying a uniform set of minimum
  532  planning criteria. Therefore, the state land planning agency may
  533  amend chapter 9J-5, Florida Administrative Code, to establish
  534  different minimum criteria that are applicable to local
  535  governments based on the following factors:
  536         1.Current and projected population.
  537         2.Size of the local jurisdiction.
  538         3.Amount and nature of undeveloped land.
  539         4.The scale of public services provided by the local
  540  government.
  541  
  542  The state land planning agency department shall take into
  543  account the factors delineated in rule 9J-5.002(2), Florida
  544  Administrative Code, as it provides assistance to local
  545  governments and applies the rule in specific situations with
  546  regard to the detail of the data and analysis required.
  547         (15)(a)The Legislature recognizes and finds that:
  548         1.There are a number of rural agricultural industrial
  549  centers in the state which process, produce, or aid in the
  550  production or distribution of a variety of agriculturally based
  551  products, such as fruits, vegetables, timber, and other crops,
  552  as well as juices, paper, and building materials. These rural
  553  agricultural industrial centers may have a significant amount of
  554  existing associated infrastructure that is used for the
  555  processing, production, or distribution of agricultural
  556  products.
  557         2.Such rural agricultural industrial centers are often
  558  located within or near communities in which the economy is
  559  largely dependent upon agriculture and agriculturally based
  560  products. These centers significantly enhance the economy of
  561  such communities. However, these agriculturally based
  562  communities are often socioeconomically challenged and many such
  563  communities have been designated as rural areas of critical
  564  economic concern. If these existing rural agricultural
  565  industrial centers are lost and not replaced with other job
  566  creating enterprises, these agriculturally based communities
  567  will lose a substantial amount of their economies.
  568         3.The state has a compelling interest in preserving the
  569  viability of agriculture and protecting rural agricultural
  570  communities and the state from the economic upheaval that could
  571  result from short-term or long-term adverse changes in the
  572  agricultural economy. To protect such communities and promote
  573  viable agriculture for the long term, it is essential to
  574  encourage and permit diversification of existing rural
  575  agricultural industrial centers by providing for jobs that are
  576  not solely dependent upon, but are compatible with and
  577  complement, existing agricultural industrial operations and to
  578  encourage the creation and expansion of industries that use
  579  agricultural products in innovative or new ways. However, the
  580  expansion and diversification of these existing centers must be
  581  accomplished in a manner that does not promote urban sprawl into
  582  surrounding agricultural and rural areas.
  583         (b)As used in this subsection, the term “rural
  584  agricultural industrial center” means a developed parcel of land
  585  in an unincorporated area on which there exists an operating
  586  agricultural industrial facility or facilities that employ at
  587  least 200 full-time employees in the aggregate and that are used
  588  for processing and preparing for transport a farm product, as
  589  defined in s. 163.3162, or any biomass material that could be
  590  used, directly or indirectly, for the production of fuel,
  591  renewable energy, bioenergy, or alternative fuel as defined by
  592  state law. The center may also include land that is contiguous
  593  to the facility site and that is not used for the cultivation of
  594  crops, but on which other existing activities essential to the
  595  operation of such facility or facilities are located or
  596  conducted. The parcel of land must be located within or in
  597  reasonable proximity, not to exceed 10 miles, to a rural area of
  598  critical economic concern.
  599         (c)A landowner within a rural agricultural industrial
  600  center may apply for an amendment to the local government
  601  comprehensive plan for the purpose of designating and expanding
  602  the existing agricultural industrial uses or facilities located
  603  in the center or expanding the existing center to include
  604  industrial uses or facilities that are not dependent upon but
  605  are compatible with agriculture and the existing uses and
  606  facilities. An application for a comprehensive plan amendment
  607  under this paragraph:
  608         1.May not increase the physical area of the existing rural
  609  agricultural industrial center by more than 50 percent or 320
  610  acres, whichever is greater;
  611         2.Must propose a project that would create, upon
  612  completion, at least 50 new full-time jobs;
  613         3.Must demonstrate that infrastructure capacity exists or
  614  will be provided to support the expanded center at level-of
  615  service standards adopted in the local government comprehensive
  616  plan; and
  617         4.Must contain goals, objectives, and policies that will
  618  ensure that any adverse environmental impacts of the expanded
  619  center will be adequately addressed and mitigated, or
  620  demonstrate that the local government comprehensive plan
  621  contains such provisions.
  622  
  623  Within 6 months after receipt of an application under this
  624  subsection, the local government must amend the applicable
  625  sections of its comprehensive plan to include goals, objectives,
  626  and policies to provide for the expansion of rural agricultural
  627  industrial centers and to discourage urban sprawl in the
  628  surrounding areas. Such goals, objectives, and policies must
  629  promote and be consistent with the findings in this subsection.
  630  An amendment that meets the requirements in this subsection is
  631  presumed to be consistent with rule 9J-5.006(5), Florida
  632  Administrative Code. This presumption may be rebutted by a
  633  preponderance of the evidence.
  634         (d)This subsection does not apply to an optional sector
  635  plan adopted pursuant to s. 163.3245 or to a rural land
  636  stewardship area designated pursuant to subsection (11).
  637         Section 3. Paragraph (c) of subsection (2) and subsections
  638  (12), (13), and (15) of section 163.3180, Florida Statutes, are
  639  amended, and subsection (18) is added to that section, to read:
  640         163.3180 Concurrency.—
  641         (2)
  642         (c) Consistent with the public welfare, and except as
  643  otherwise provided in this section, transportation facilities
  644  needed to serve new development shall be in place or under
  645  actual construction within 3 years after the local government
  646  approves a building permit or its functional equivalent that
  647  results in traffic generation. In evaluating whether such
  648  transportation facilities will be in place or under actual
  649  construction, the following shall be considered a committed
  650  facility:
  651         1.A project that is included in the first 3 years of a
  652  local government’s adopted capital improvements plan;
  653         2.A project that is included in the Department of
  654  Transportation’s adopted work program; or
  655         3.A high-performance transit system that serves multiple
  656  municipalities, connects to an existing rail system, and is
  657  included in a county’s or the Department of Transportation’s
  658  long-range transportation plan.
  659         (12) A development of regional impact satisfies may satisfy
  660  the transportation concurrency requirements of the local
  661  comprehensive plan, the local government’s concurrency
  662  management system, and s. 380.06 by paying payment of a
  663  proportionate-share contribution for local and regionally
  664  significant traffic impacts, if:
  665         (a) The development of regional impact which, based on its
  666  location or mix of land uses, is designed to encourage
  667  pedestrian or other nonautomotive modes of transportation;
  668         (b) The proportionate-share contribution for local and
  669  regionally significant traffic impacts is sufficient to pay for
  670  one or more required mobility improvements that will benefit the
  671  network of a regionally significant transportation facilities
  672  facility;
  673         (c) The owner and developer of the development of regional
  674  impact pays or assures payment of the proportionate-share
  675  contribution to the local government having jurisdiction over
  676  the development of regional impact; and
  677         (d) If the regionally significant transportation facility
  678  to be constructed or improved is under the maintenance authority
  679  of a governmental entity, as defined by s. 334.03(12), other
  680  than the local government with jurisdiction over the development
  681  of regional impact, the local government having jurisdiction
  682  over the development of regional impact must developer is
  683  required to enter into a binding and legally enforceable
  684  commitment to transfer funds to the governmental entity having
  685  maintenance authority or to otherwise assure construction or
  686  improvement of a the facility reasonably related to the mobility
  687  demands created by the development.
  688  
  689  The proportionate-share contribution may be applied to any
  690  transportation facility to satisfy the provisions of this
  691  subsection and the local comprehensive plan, but, for the
  692  purposes of this subsection, the amount of the proportionate
  693  share contribution shall be calculated based upon the cumulative
  694  number of trips from the proposed development expected to reach
  695  roadways during the peak hour from the complete buildout of a
  696  stage or phase being approved, divided by the change in the peak
  697  hour maximum service volume of roadways resulting from
  698  construction of an improvement necessary to maintain the adopted
  699  level of service, multiplied by the construction cost, at the
  700  time of developer payment, of the improvement necessary to
  701  maintain the adopted level of service. For purposes of this
  702  subsection, “construction cost” includes all associated costs of
  703  the improvement. The cost of any improvements made to a
  704  regionally significant transportation facility that is
  705  constructed by the owner or developer of the development of
  706  regional impact, including the costs associated with
  707  accommodating a transit facility within the development of
  708  regional impact which is in a county’s or the Department of
  709  Transportation’s long-range transportation plan, shall be
  710  credited against a development of regional impact’s
  711  proportionate-share contribution. Proportionate-share mitigation
  712  shall be limited to ensure that a development of regional impact
  713  meeting the requirements of this subsection mitigates its impact
  714  on the transportation system but is not responsible for the
  715  additional cost of reducing or eliminating backlogs. This
  716  subsection also applies to Florida Quality Developments pursuant
  717  to s. 380.061 and to detailed specific area plans implementing
  718  optional sector plans pursuant to s. 163.3245.
  719         (13) School concurrency shall be established on a
  720  districtwide basis and shall include all public schools in the
  721  district and all portions of the district, whether located in a
  722  municipality or an unincorporated area unless exempt from the
  723  public school facilities element pursuant to s. 163.3177(12).
  724  The application of school concurrency to development shall be
  725  based upon the adopted comprehensive plan, as amended. All local
  726  governments within a county, except as provided in paragraph
  727  (f), shall adopt and transmit to the state land planning agency
  728  the necessary plan amendments, along with the interlocal
  729  agreement, for a compliance review pursuant to s. 163.3184(7)
  730  and (8). The minimum requirements for school concurrency are the
  731  following:
  732         (a) Public school facilities element.—A local government
  733  shall adopt and transmit to the state land planning agency a
  734  plan or plan amendment which includes a public school facilities
  735  element which is consistent with the requirements of s.
  736  163.3177(12) and which is determined to be in compliance as
  737  defined in s. 163.3184(1)(b). All local government public school
  738  facilities plan elements within a county must be consistent with
  739  each other as well as the requirements of this part.
  740         (b) Level-of-service standards.—The Legislature recognizes
  741  that an essential requirement for a concurrency management
  742  system is the level of service at which a public facility is
  743  expected to operate.
  744         1. Local governments and school boards imposing school
  745  concurrency shall exercise authority in conjunction with each
  746  other to establish jointly adequate level-of-service standards,
  747  as defined in chapter 9J-5, Florida Administrative Code,
  748  necessary to implement the adopted local government
  749  comprehensive plan, based on data and analysis.
  750         2. Public school level-of-service standards shall be
  751  included and adopted into the capital improvements element of
  752  the local comprehensive plan and shall apply districtwide to all
  753  schools of the same type. Types of schools may include
  754  elementary, middle, and high schools as well as special purpose
  755  facilities such as magnet schools.
  756         3. Local governments and school boards may use shall have
  757  the option to utilize tiered level-of-service standards to allow
  758  time to achieve an adequate and desirable level of service as
  759  circumstances warrant.
  760         4.For purposes of determining whether the level-of-service
  761  standards have been met, a school district that includes
  762  relocatables in its inventory of student stations shall include
  763  the capacity of such relocatables as provided in s.
  764  1013.35(2)(b)2.f.
  765         (c) Service areas.—The Legislature recognizes that an
  766  essential requirement for a concurrency system is a designation
  767  of the area within which the level of service will be measured
  768  when an application for a residential development permit is
  769  reviewed for school concurrency purposes. This delineation is
  770  also important for purposes of determining whether the local
  771  government has a financially feasible public school capital
  772  facilities program for that will provide schools which will
  773  achieve and maintain the adopted level-of-service standards.
  774         1. In order to balance competing interests, preserve the
  775  constitutional concept of uniformity, and avoid disruption of
  776  existing educational and growth management processes, local
  777  governments are encouraged to initially apply school concurrency
  778  to development only on a districtwide basis so that a
  779  concurrency determination for a specific development is will be
  780  based upon the availability of school capacity districtwide. To
  781  ensure that development is coordinated with schools having
  782  available capacity, within 5 years after adoption of school
  783  concurrency, local governments shall apply school concurrency on
  784  a less than districtwide basis, such as using school attendance
  785  zones or concurrency service areas, as provided in subparagraph
  786  2.
  787         2. For local governments applying school concurrency on a
  788  less than districtwide basis, such as utilizing school
  789  attendance zones or larger school concurrency service areas,
  790  local governments and school boards shall have the burden of
  791  demonstrating to demonstrate that the use utilization of school
  792  capacity is maximized to the greatest extent possible in the
  793  comprehensive plan and amendment, taking into account
  794  transportation costs and court-approved desegregation plans, as
  795  well as other factors. In addition, in order to achieve
  796  concurrency within the service area boundaries selected by local
  797  governments and school boards, the service area boundaries,
  798  together with the standards for establishing those boundaries,
  799  shall be identified and included as supporting data and analysis
  800  for the comprehensive plan.
  801         3. Where school capacity is available on a districtwide
  802  basis but school concurrency is applied on a less than
  803  districtwide basis in the form of concurrency service areas, if
  804  the adopted level-of-service standard cannot be met in a
  805  particular service area as applied to an application for a
  806  development permit and if the needed capacity for the particular
  807  service area is available in one or more contiguous service
  808  areas, as adopted by the local government, then the local
  809  government may not deny an application for site plan or final
  810  subdivision approval or the functional equivalent for a
  811  development or phase of a development on the basis of school
  812  concurrency, and if issued, development impacts shall be shifted
  813  to contiguous service areas with schools having available
  814  capacity.
  815         (d) Financial feasibility.—The Legislature recognizes that
  816  financial feasibility is an important issue because the premise
  817  of concurrency is that the public facilities will be provided in
  818  order to achieve and maintain the adopted level-of-service
  819  standard. This part and chapter 9J-5, Florida Administrative
  820  Code, contain specific standards for determining to determine
  821  the financial feasibility of capital programs. These standards
  822  were adopted to make concurrency more predictable and local
  823  governments more accountable.
  824         1. A comprehensive plan amendment seeking to impose school
  825  concurrency must shall contain appropriate amendments to the
  826  capital improvements element of the comprehensive plan,
  827  consistent with the requirements of s. 163.3177(3) and rule 9J
  828  5.016, Florida Administrative Code. The capital improvements
  829  element must shall set forth a financially feasible public
  830  school capital facilities program, established in conjunction
  831  with the school board, that demonstrates that the adopted level
  832  of-service standards will be achieved and maintained.
  833         2. Such amendments to the capital improvements element must
  834  shall demonstrate that the public school capital facilities
  835  program meets all of the financial feasibility standards of this
  836  part and chapter 9J-5, Florida Administrative Code, that apply
  837  to capital programs which provide the basis for mandatory
  838  concurrency on other public facilities and services.
  839         3. If When the financial feasibility of a public school
  840  capital facilities program is evaluated by the state land
  841  planning agency for purposes of a compliance determination, the
  842  evaluation must shall be based upon the service areas selected
  843  by the local governments and school board.
  844         (e) Availability standard.—Consistent with the public
  845  welfare, and except as otherwise provided in this subsection,
  846  public school facilities that are needed to serve new
  847  residential development shall be in place or under actual
  848  construction within 3 years after the issuance of final
  849  subdivision or site plan approval, or the functional equivalent.
  850  A local government may not deny an application for site plan,
  851  final subdivision approval, or the functional equivalent for a
  852  development or phase of a development authorizing residential
  853  development for failure to achieve and maintain the level-of
  854  service standard for public school capacity in a local school
  855  concurrency management system where adequate school facilities
  856  will be in place or under actual construction within 3 years
  857  after the issuance of final subdivision or site plan approval,
  858  or the functional equivalent. Any mitigation that is required of
  859  a developer must be limited to ensure that a development
  860  mitigates its own impact on public school facilities; however,
  861  such developer is not responsible for the additional cost of
  862  reducing or eliminating backlogs or addressing class size
  863  reduction. School concurrency is satisfied if the developer
  864  executes a legally binding commitment to provide mitigation
  865  proportionate to the demand for public school facilities to be
  866  created by actual development of the property, including, but
  867  not limited to, the options described in subparagraph 1. Options
  868  for proportionate-share mitigation of impacts on public school
  869  facilities must be established in the public school facilities
  870  element and the interlocal agreement pursuant to s. 163.31777.
  871         1. Appropriate mitigation options include the contribution
  872  of land; the construction, expansion, or payment for land
  873  acquisition or construction of a public school facility; the
  874  construction of a charter school that complies with the life
  875  safety requirements in s. 1002.33(18)(f); or the creation of
  876  mitigation banking based on the construction of a public school
  877  facility in exchange for the right to sell capacity credits.
  878  Such options must include execution by the applicant and the
  879  local government of a development agreement that constitutes a
  880  legally binding commitment to pay proportionate-share mitigation
  881  for the additional residential units approved by the local
  882  government in a development order and actually developed on the
  883  property, taking into account residential density allowed on the
  884  property prior to the plan amendment that increased the overall
  885  residential density. The district school board must be a party
  886  to such an agreement. As a condition of its entry into such a
  887  development agreement, the local government may require the
  888  landowner to agree to continuing renewal of the agreement upon
  889  its expiration.
  890         2. If the education facilities plan and the public
  891  educational facilities element authorize a contribution of land;
  892  the construction, expansion, or payment for land acquisition; or
  893  the construction or expansion of a public school facility, or a
  894  portion thereof; or the construction of a charter school that
  895  complies with the life safety requirements in s. 1002.33(18)(f),
  896  as proportionate-share mitigation, the local government shall
  897  credit such a contribution, construction, expansion, or payment
  898  toward any other impact fee or exaction imposed by local
  899  ordinance for the same need, on a dollar-for-dollar basis at
  900  fair market value. For proportionate-share calculations, the
  901  percentage of relocatables, as provided in s. 1013.35(2)(b)2.f.,
  902  which are used by a school district shall be considered in
  903  determining the average cost of a student station.
  904         3. Any proportionate-share mitigation must be directed by
  905  the school board toward a school capacity improvement identified
  906  in a financially feasible 5-year district work plan that
  907  satisfies the demands created by the development in accordance
  908  with a binding developer’s agreement.
  909         4. If a development is precluded from commencing because
  910  there is inadequate classroom capacity to mitigate the impacts
  911  of the development, the development may nevertheless commence if
  912  there are accelerated facilities in an approved capital
  913  improvement element scheduled for construction in year four or
  914  later of such plan which, when built, will mitigate the proposed
  915  development, or if such accelerated facilities will be in the
  916  next annual update of the capital facilities element, the
  917  developer enters into a binding, financially guaranteed
  918  agreement with the school district to construct an accelerated
  919  facility within the first 3 years of an approved capital
  920  improvement plan, and the cost of the school facility is equal
  921  to or greater than the development’s proportionate share. When
  922  the completed school facility is conveyed to the school
  923  district, the developer shall receive impact fee credits usable
  924  within the zone where the facility is constructed or any
  925  attendance zone contiguous with or adjacent to the zone where
  926  the facility is constructed.
  927         5. This paragraph does not limit the authority of a local
  928  government to deny a development permit or its functional
  929  equivalent pursuant to its home rule regulatory powers, except
  930  as provided in this part.
  931         (f) Intergovernmental coordination.—
  932         1. When establishing concurrency requirements for public
  933  schools, a local government shall satisfy the requirements for
  934  intergovernmental coordination set forth in s. 163.3177(6)(h)1.
  935  and 2., except that a municipality is not required to be a
  936  signatory to the interlocal agreement required by ss.
  937  163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
  938  imposition of school concurrency, and as a nonsignatory, shall
  939  not participate in the adopted local school concurrency system,
  940  if the municipality meets all of the following criteria for
  941  having no significant impact on school attendance:
  942         a. The municipality has issued development orders for fewer
  943  than 50 residential dwelling units during the preceding 5 years,
  944  or the municipality has generated fewer than 25 additional
  945  public school students during the preceding 5 years.
  946         b. The municipality has not annexed new land during the
  947  preceding 5 years in land use categories which permit
  948  residential uses that will affect school attendance rates.
  949         c. The municipality has no public schools located within
  950  its boundaries.
  951         d. At least 80 percent of the developable land within the
  952  boundaries of the municipality has been built upon.
  953         2. A municipality which qualifies as having no significant
  954  impact on school attendance pursuant to the criteria of
  955  subparagraph 1. must review and determine at the time of its
  956  evaluation and appraisal report pursuant to s. 163.3191 whether
  957  it continues to meet the criteria pursuant to s. 163.31777(6).
  958  If the municipality determines that it no longer meets the
  959  criteria, it must adopt appropriate school concurrency goals,
  960  objectives, and policies in its plan amendments based on the
  961  evaluation and appraisal report, and enter into the existing
  962  interlocal agreement required by ss. 163.3177(6)(h)2. and
  963  163.31777, in order to fully participate in the school
  964  concurrency system. If such a municipality fails to do so, it
  965  will be subject to the enforcement provisions of s. 163.3191.
  966         (g) Interlocal agreement for school concurrency.—When
  967  establishing concurrency requirements for public schools, a
  968  local government must enter into an interlocal agreement that
  969  satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
  970  163.31777 and the requirements of this subsection. The
  971  interlocal agreement shall acknowledge both the school board’s
  972  constitutional and statutory obligations to provide a uniform
  973  system of free public schools on a countywide basis, and the
  974  land use authority of local governments, including their
  975  authority to approve or deny comprehensive plan amendments and
  976  development orders. The interlocal agreement shall be submitted
  977  to the state land planning agency by the local government as a
  978  part of the compliance review, along with the other necessary
  979  amendments to the comprehensive plan required by this part. In
  980  addition to the requirements of ss. 163.3177(6)(h) and
  981  163.31777, the interlocal agreement shall meet the following
  982  requirements:
  983         1. Establish the mechanisms for coordinating the
  984  development, adoption, and amendment of each local government’s
  985  public school facilities element with each other and the plans
  986  of the school board to ensure a uniform districtwide school
  987  concurrency system.
  988         2. Establish a process for the development of siting
  989  criteria which encourages the location of public schools
  990  proximate to urban residential areas to the extent possible and
  991  seeks to collocate schools with other public facilities such as
  992  parks, libraries, and community centers to the extent possible.
  993         3. Specify uniform, districtwide level-of-service standards
  994  for public schools of the same type and the process for
  995  modifying the adopted level-of-service standards.
  996         4. Establish a process for the preparation, amendment, and
  997  joint approval by each local government and the school board of
  998  a public school capital facilities program which is financially
  999  feasible, and a process and schedule for incorporation of the
 1000  public school capital facilities program into the local
 1001  government comprehensive plans on an annual basis.
 1002         5. Define the geographic application of school concurrency.
 1003  If school concurrency is to be applied on a less than
 1004  districtwide basis in the form of concurrency service areas, the
 1005  agreement shall establish criteria and standards for the
 1006  establishment and modification of school concurrency service
 1007  areas. The agreement shall also establish a process and schedule
 1008  for the mandatory incorporation of the school concurrency
 1009  service areas and the criteria and standards for establishment
 1010  of the service areas into the local government comprehensive
 1011  plans. The agreement shall ensure maximum utilization of school
 1012  capacity, taking into account transportation costs and court
 1013  approved desegregation plans, as well as other factors. The
 1014  agreement shall also ensure the achievement and maintenance of
 1015  the adopted level-of-service standards for the geographic area
 1016  of application throughout the 5 years covered by the public
 1017  school capital facilities plan and thereafter by adding a new
 1018  fifth year during the annual update.
 1019         6. Establish a uniform districtwide procedure for
 1020  implementing school concurrency which provides for:
 1021         a. The evaluation of development applications for
 1022  compliance with school concurrency requirements, including
 1023  information provided by the school board on affected schools,
 1024  impact on levels of service, and programmed improvements for
 1025  affected schools and any options to provide sufficient capacity;
 1026         b. An opportunity for the school board to review and
 1027  comment on the effect of comprehensive plan amendments and
 1028  rezonings on the public school facilities plan; and
 1029         c. The monitoring and evaluation of the school concurrency
 1030  system.
 1031         7. Include provisions relating to amendment of the
 1032  agreement.
 1033         8. A process and uniform methodology for determining
 1034  proportionate-share mitigation pursuant to subparagraph (e)1.
 1035         (h) Local government authority.—This subsection does not
 1036  limit the authority of a local government to grant or deny a
 1037  development permit or its functional equivalent prior to the
 1038  implementation of school concurrency.
 1039         (15)(a) Multimodal transportation districts may be
 1040  established under a local government comprehensive plan in areas
 1041  delineated on the future land use map for which the local
 1042  comprehensive plan assigns secondary priority to vehicle
 1043  mobility and primary priority to assuring a safe, comfortable,
 1044  and attractive pedestrian environment, with convenient
 1045  interconnection to transit. Such districts must incorporate
 1046  community design features that will reduce the number of
 1047  automobile trips or vehicle miles of travel and will support an
 1048  integrated, multimodal transportation system. Prior to the
 1049  designation of multimodal transportation districts, the
 1050  Department of Transportation shall be consulted by the local
 1051  government to assess the impact that the proposed multimodal
 1052  district area is expected to have on the adopted level-of
 1053  service standards established for Strategic Intermodal System
 1054  facilities, as defined in s. 339.64, and roadway facilities
 1055  funded in accordance with s. 339.2819. Further, the local
 1056  government shall, in cooperation with the Department of
 1057  Transportation, develop a plan to mitigate any impacts to the
 1058  Strategic Intermodal System, including the development of a
 1059  long-term concurrency management system pursuant to subsection
 1060  (9) and s. 163.3177(3)(d). Multimodal transportation districts
 1061  existing prior to July 1, 2005, shall meet, at a minimum, the
 1062  provisions of this section by July 1, 2006, or at the time of
 1063  the comprehensive plan update pursuant to the evaluation and
 1064  appraisal report, whichever occurs last.
 1065         (b) Community design elements of such a district include: a
 1066  complementary mix and range of land uses, including educational,
 1067  recreational, and cultural uses; interconnected networks of
 1068  streets designed to encourage walking and bicycling, with
 1069  traffic-calming where desirable; appropriate densities and
 1070  intensities of use within walking distance of transit stops;
 1071  daily activities within walking distance of residences, allowing
 1072  independence to persons who do not drive; public uses, streets,
 1073  and squares that are safe, comfortable, and attractive for the
 1074  pedestrian, with adjoining buildings open to the street and with
 1075  parking not interfering with pedestrian, transit, automobile,
 1076  and truck travel modes.
 1077         (c) Local governments may establish multimodal level-of
 1078  service standards that rely primarily on nonvehicular modes of
 1079  transportation within the district, when justified by an
 1080  analysis demonstrating that the existing and planned community
 1081  design will provide an adequate level of mobility within the
 1082  district based upon professionally accepted multimodal level-of
 1083  service methodologies. The analysis must also demonstrate that
 1084  the capital improvements required to promote community design
 1085  are financially feasible over the development or redevelopment
 1086  timeframe for the district and that community design features
 1087  within the district provide convenient interconnection for a
 1088  multimodal transportation system. Local governments may issue
 1089  development permits in reliance upon all planned community
 1090  design capital improvements that are financially feasible over
 1091  the development or redevelopment timeframe for the district,
 1092  without regard to the period of time between development or
 1093  redevelopment and the scheduled construction of the capital
 1094  improvements. A determination of financial feasibility shall be
 1095  based upon currently available funding or funding sources that
 1096  could reasonably be expected to become available over the
 1097  planning period.
 1098         (d) Local governments may reduce impact fees or local
 1099  access fees for development within multimodal transportation
 1100  districts based on the reduction of vehicle trips per household
 1101  or vehicle miles of travel expected from the development pattern
 1102  planned for the district.
 1103         (e) By December 1, 2007, The Department of Transportation,
 1104  in consultation with the state land planning agency and
 1105  interested local governments, may designate a study area for
 1106  conducting a pilot project to determine the benefits of and
 1107  barriers to establishing a regional multimodal transportation
 1108  concurrency district that extends over more than one local
 1109  government jurisdiction. If designated:
 1110         1. The study area must be in a county that has a population
 1111  of at least 1,000 persons per square mile, be within an urban
 1112  service area, and have the consent of the local governments
 1113  within the study area. The Department of Transportation and the
 1114  state land planning agency shall provide technical assistance.
 1115         2. The local governments within the study area and the
 1116  Department of Transportation, in consultation with the state
 1117  land planning agency, shall cooperatively create a multimodal
 1118  transportation plan that meets the requirements of this section.
 1119  The multimodal transportation plan must include viable local
 1120  funding options and incorporate community design features,
 1121  including a range of mixed land uses and densities and
 1122  intensities, which will reduce the number of automobile trips or
 1123  vehicle miles of travel while supporting an integrated,
 1124  multimodal transportation system.
 1125         3. To effectuate the multimodal transportation concurrency
 1126  district, participating local governments may adopt appropriate
 1127  comprehensive plan amendments.
 1128         4. The Department of Transportation, in consultation with
 1129  the state land planning agency, shall submit a report by March
 1130  1, 2009, to the Governor, the President of the Senate, and the
 1131  Speaker of the House of Representatives on the status of the
 1132  pilot project. The report must identify any factors that support
 1133  or limit the creation and success of a regional multimodal
 1134  transportation district including intergovernmental
 1135  coordination.
 1136         (f)The state land planning agency may designate up to five
 1137  local governments for participation in the Urban Placemaking
 1138  Initiative Pilot Project Program. The purpose of the pilot
 1139  project program is to assist local communities in redeveloping
 1140  primarily single-use suburban areas that surround strategic
 1141  corridors and crossroads and to create livable and sustainable
 1142  communities that have a sense of place. The Legislature
 1143  recognizes that the form of existing development patterns and
 1144  strict application of transportation concurrency requirements
 1145  create obstacles to such redevelopment. Therefore, the
 1146  Legislature finds that the pilot project program will further
 1147  the ability of the communities to cultivate mixed-use and form
 1148  based communities that integrate all modes of transportation.
 1149  The pilot project program shall provide an alternative
 1150  regulatory framework that allows for the creation of a
 1151  multimodal concurrency district that over the planning time
 1152  period allows pilot project communities to incrementally realize
 1153  the goals of the redevelopment area by guiding redevelopment of
 1154  parcels and cultivating multimodal development in targeted
 1155  transitional suburban areas. The Department of Transportation
 1156  shall provide technical support to the state land planning
 1157  agency and the department. The state land planning agency shall
 1158  provide technical assistance to the local governments in their
 1159  implementation of the pilot project program.
 1160         1.The pilot project communities must have a county
 1161  population of at least 350,000, be able to demonstrate an
 1162  ability to administer the pilot project, and have appropriate
 1163  potential redevelopment areas suitable for the pilot project.
 1164         2.Each pilot project community shall designate the
 1165  criteria for the designation of urban placemaking redevelopment
 1166  areas in the future land use element of its local comprehensive
 1167  plans. Such redevelopment areas must be located within an
 1168  adopted urban service boundary or its functional equivalent.
 1169  Each pilot project community shall also adopt local
 1170  comprehensive plan amendments establishing criteria for the
 1171  development of the urban placemaking areas which include land
 1172  use and transportation strategies, such as the community design
 1173  elements provided in paragraph (c).
 1174         3.A pilot project community shall provide a process in
 1175  which the public may participate in the implementation of the
 1176  project. Such participation must provide an opportunity to
 1177  coordinate the community’s vision, public interest, and the
 1178  development goals for developments located within the urban
 1179  placemaking redevelopment areas.
 1180         4.Each pilot project community may assign transportation
 1181  concurrency or trip-generation credits and impact fee exemptions
 1182  or reductions and establish concurrency exceptions for
 1183  developments that meet the adopted local comprehensive plan
 1184  criteria for urban placemaking redevelopment areas. Paragraph
 1185  (c) applies to designated urban placemaking redevelopment areas.
 1186         5.The state land planning agency shall submit a report by
 1187  March 1, 2011, to the Governor, the President of the Senate, and
 1188  the Speaker of the House of Representatives on the status of
 1189  each approved pilot project community. The report must identify
 1190  factors that indicate whether the pilot project program has
 1191  demonstrated any success in urban placemaking and redevelopment
 1192  initiatives and whether the pilot project should be expanded for
 1193  use by other local governments.
 1194         (18)The costs of mitigation for concurrency impacts shall
 1195  be distributed to all affected jurisdictions by the local
 1196  government having jurisdiction over project or development
 1197  approval. Distribution shall be proportionate to the percentage
 1198  of the total concurrency mitigation costs incurred by an
 1199  affected jurisdiction.
 1200         Section 4. Subsections (3) and (4), paragraphs (a) and (d)
 1201  of subsection (6), paragraph (a) of subsection (7), paragraphs
 1202  (b) and (c) of subsection (15), and subsection (17) of section
 1203  163.3184, Florida Statutes, are amended to read:
 1204         163.3184 Process for adoption of comprehensive plan or plan
 1205  amendment.—
 1206         (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
 1207  AMENDMENT.—
 1208         (a)Before filing an application for a future land use map
 1209  amendment that applies to 50 acres or more, the applicant must
 1210  conduct a neighborhood meeting to present, discuss, and solicit
 1211  public comment on the proposed amendment. Such meeting shall be
 1212  conducted at least 30 days but no more than 60 days before the
 1213  application for the amendment is filed with the local
 1214  government. At a minimum, the meeting shall be noticed and
 1215  conducted in accordance with each of the following requirements:
 1216         1.Notice of the meeting shall be:
 1217         a.Mailed at least 10 days but no more than 14 days before
 1218  the date of the meeting to all property owners owning property
 1219  within 500 feet of the property subject to the proposed
 1220  amendment, according to information maintained by the county tax
 1221  assessor. Such information shall conclusively establish the
 1222  required recipients;
 1223         b.Published in accordance with ss. 125.66(4)(b)2. and
 1224  166.041(3)(c)2.b.;
 1225         c.Posted on the jurisdiction’s website, if available; and
 1226         d.Mailed to all persons on the list of homeowners’ or
 1227  condominium associations maintained by the jurisdiction, if any.
 1228         2.The meeting shall be conducted at an accessible and
 1229  convenient location.
 1230         3.A sign-in list of all attendees at each meeting must be
 1231  maintained.
 1232  
 1233  An application for a future land use map amendment that is
 1234  subject to this paragraph shall include a written certification
 1235  or verification that the first meeting has been noticed and
 1236  conducted in accordance with this section.
 1237         (b)At least 15 days but no more than 45 days before the
 1238  local governing body’s scheduled adoption hearing, the applicant
 1239  for a future land use map amendment that applies to 50 acres or
 1240  more shall conduct a second noticed community or neighborhood
 1241  meeting for the purpose of presenting and discussing the map
 1242  amendment application, including any changes made to the
 1243  proposed amendment following the first community or neighborhood
 1244  meeting. Notice by United States mail at least 10 days but no
 1245  more than 14 days before the meeting is required only for
 1246  persons who signed in at the preapplication meeting and persons
 1247  whose names are on the sign-in sheet from the transmittal
 1248  hearing conducted pursuant to paragraph (15)(c). Otherwise,
 1249  notice shall be given by newspaper advertisement in accordance
 1250  with ss. 125.66(4)(b)2. and 166.041(3)(c)2.b. Before the
 1251  adoption hearing, the applicant shall file with the local
 1252  government a written certification or verification that the
 1253  second meeting has been noticed and conducted in accordance with
 1254  this section.
 1255         (c)Before filing an application for a future land use map
 1256  amendment that applies to more than 10 acres but less than 50
 1257  acres, the applicant must conduct a community or neighborhood
 1258  meeting in compliance with paragraph (a). An application for a
 1259  future land use map amendment that is subject to this paragraph
 1260  shall include a written certification or verification that the
 1261  first meeting has been noticed and conducted in accordance with
 1262  this section. At least 15 days but no more than 45 days before
 1263  the local governing body’s scheduled adoption hearing, the
 1264  applicant for a future land use map amendment that applies to
 1265  more than 10 acres but less than 50 acres is encouraged to hold
 1266  a second meeting using the provisions in paragraph (b).
 1267         (d)The requirement for neighborhood meetings as provided
 1268  in this subsection does not apply to small-scale amendments as
 1269  defined in s. 163.3187(2)(d) unless a local government, by
 1270  ordinance, adopts a procedure for holding a neighborhood meeting
 1271  as part of the small-scale amendment process; however, more than
 1272  one meeting may not be required.
 1273         (e)(a) Each local governing body shall transmit the
 1274  complete proposed comprehensive plan or plan amendment to the
 1275  state land planning agency, the appropriate regional planning
 1276  council and water management district, the Department of
 1277  Environmental Protection, the Department of State, and the
 1278  Department of Transportation, and, in the case of municipal
 1279  plans, to the appropriate county, and, in the case of county
 1280  plans, to the Fish and Wildlife Conservation Commission and the
 1281  Department of Agriculture and Consumer Services, immediately
 1282  following a public hearing pursuant to subsection (15) as
 1283  specified in the state land planning agency’s procedural rules.
 1284  The local governing body shall also transmit a copy of the
 1285  complete proposed comprehensive plan or plan amendment to any
 1286  other unit of local government or government agency in the state
 1287  that has filed a written request with the governing body for the
 1288  plan or plan amendment. The local government may request a
 1289  review by the state land planning agency pursuant to subsection
 1290  (6) at the time of the transmittal of an amendment.
 1291         (f)(b) A local governing body shall not transmit portions
 1292  of a plan or plan amendment unless it has previously provided to
 1293  all state agencies designated by the state land planning agency
 1294  a complete copy of its adopted comprehensive plan pursuant to
 1295  subsection (7) and as specified in the agency’s procedural
 1296  rules. In the case of comprehensive plan amendments, the local
 1297  governing body shall transmit to the state land planning agency,
 1298  the appropriate regional planning council and water management
 1299  district, the Department of Environmental Protection, the
 1300  Department of State, and the Department of Transportation, and,
 1301  in the case of municipal plans, to the appropriate county and,
 1302  in the case of county plans, to the Fish and Wildlife
 1303  Conservation Commission and the Department of Agriculture and
 1304  Consumer Services the materials specified in the state land
 1305  planning agency’s procedural rules and, in cases in which the
 1306  plan amendment is a result of an evaluation and appraisal report
 1307  adopted pursuant to s. 163.3191, a copy of the evaluation and
 1308  appraisal report. Local governing bodies shall consolidate all
 1309  proposed plan amendments into a single submission for each of
 1310  the two plan amendment adoption dates during the calendar year
 1311  pursuant to s. 163.3187.
 1312         (g)(c) A local government may adopt a proposed plan
 1313  amendment previously transmitted pursuant to this subsection,
 1314  unless review is requested or otherwise initiated pursuant to
 1315  subsection (6).
 1316         (h)(d) In cases in which a local government transmits
 1317  multiple individual amendments that can be clearly and legally
 1318  separated and distinguished for the purpose of determining
 1319  whether to review the proposed amendment, and the state land
 1320  planning agency elects to review several or a portion of the
 1321  amendments and the local government chooses to immediately adopt
 1322  the remaining amendments not reviewed, the amendments
 1323  immediately adopted and any reviewed amendments that the local
 1324  government subsequently adopts together constitute one amendment
 1325  cycle in accordance with s. 163.3187(1).
 1326  
 1327  Paragraphs (a)-(d) apply to applications for a map amendment
 1328  filed after January 1, 2011.
 1329         (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies
 1330  specified in paragraph (3)(e) (3)(a) shall provide comments to
 1331  the state land planning agency within 30 days after receipt by
 1332  the state land planning agency of the complete proposed plan
 1333  amendment. If the plan or plan amendment includes or relates to
 1334  the public school facilities element pursuant to s.
 1335  163.3177(12), the state land planning agency shall submit a copy
 1336  to the Office of Educational Facilities of the Commissioner of
 1337  Education for review and comment. The appropriate regional
 1338  planning council shall also provide its written comments to the
 1339  state land planning agency within 45 30 days after receipt by
 1340  the state land planning agency of the complete proposed plan
 1341  amendment and shall specify any objections, recommendations for
 1342  modifications, and comments of any other regional agencies to
 1343  which the regional planning council may have referred the
 1344  proposed plan amendment. Written comments submitted by the
 1345  public within 30 days after notice of transmittal by the local
 1346  government of the proposed plan amendment will be considered as
 1347  if submitted by governmental agencies. All written agency and
 1348  public comments must be made part of the file maintained under
 1349  subsection (2).
 1350         (6) STATE LAND PLANNING AGENCY REVIEW.—
 1351         (a) The state land planning agency shall review a proposed
 1352  plan amendment upon request of a regional planning council,
 1353  affected person, or local government transmitting the plan
 1354  amendment. The request from the regional planning council or
 1355  affected person must be received within 45 30 days after
 1356  transmittal of the proposed plan amendment pursuant to
 1357  subsection (3). A regional planning council or affected person
 1358  requesting a review shall do so by submitting a written request
 1359  to the agency with a notice of the request to the local
 1360  government and any other person who has requested notice.
 1361         (d) The state land planning agency review shall identify
 1362  all written communications with the agency regarding the
 1363  proposed plan amendment. If the state land planning agency does
 1364  not issue such a review, it shall identify in writing to the
 1365  local government all written communications received 45 30 days
 1366  after transmittal. The written identification must include a
 1367  list of all documents received or generated by the agency, which
 1368  list must be of sufficient specificity to enable the documents
 1369  to be identified and copies requested, if desired, and the name
 1370  of the person to be contacted to request copies of any
 1371  identified document. The list of documents must be made a part
 1372  of the public records of the state land planning agency.
 1373         (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
 1374  OR AMENDMENTS AND TRANSMITTAL.—
 1375         (a) The local government shall review the written comments
 1376  submitted to it by the state land planning agency, and any other
 1377  person, agency, or government. Any comments, recommendations, or
 1378  objections and any reply to them are shall be public documents,
 1379  a part of the permanent record in the matter, and admissible in
 1380  any proceeding in which the comprehensive plan or plan amendment
 1381  may be at issue. The local government, upon receipt of written
 1382  comments from the state land planning agency, shall have 120
 1383  days to adopt, or adopt with changes, the proposed comprehensive
 1384  plan or s. 163.3191 plan amendments. In the case of
 1385  comprehensive plan amendments other than those proposed pursuant
 1386  to s. 163.3191, the local government shall have 60 days to adopt
 1387  the amendment, adopt the amendment with changes, or determine
 1388  that it will not adopt the amendment. The adoption of the
 1389  proposed plan or plan amendment or the determination not to
 1390  adopt a plan amendment, other than a plan amendment proposed
 1391  pursuant to s. 163.3191, shall be made in the course of a public
 1392  hearing pursuant to subsection (15). If a local government fails
 1393  to adopt the comprehensive plan or plan amendment within the
 1394  period set forth in this subsection, the plan or plan amendment
 1395  shall be deemed abandoned and may not be considered until the
 1396  next available amendment cycle pursuant to this section and s.
 1397  163.3187. However, before the period expires, if an applicant
 1398  certifies in writing to the state land planning agency that the
 1399  applicant is proceeding in good faith to address the items
 1400  raised in the agency report issued pursuant to paragraph (6)(f)
 1401  or agency comments issued pursuant to s. 163.32465(4), and such
 1402  certification specifically identifies the items being addressed,
 1403  the state land planning agency may grant one or more extensions,
 1404  which may not exceed a total of 360 days after the date on which
 1405  the agency report or comments is issued, and if the request is
 1406  justified by good and sufficient cause, as determined by the
 1407  agency. If any such extension is pending, the applicant shall
 1408  file with the local government and state land planning agency a
 1409  status report every 60 days specifically identifying the items
 1410  being addressed and the manner in which such items are being
 1411  addressed. The local government shall transmit the complete
 1412  adopted comprehensive plan or plan amendment, including the
 1413  names and addresses of persons compiled pursuant to paragraph
 1414  (15)(c), to the state land planning agency as specified in the
 1415  agency’s procedural rules within 10 working days after adoption.
 1416  The local governing body shall also transmit a copy of the
 1417  adopted comprehensive plan or plan amendment to the regional
 1418  planning agency and to any other unit of local government or
 1419  governmental agency in the state that has filed a written
 1420  request with the governing body for a copy of the plan or plan
 1421  amendment.
 1422         (15) PUBLIC HEARINGS.—
 1423         (b) The local governing body shall hold at least two
 1424  advertised public hearings on the proposed comprehensive plan or
 1425  plan amendment as follows:
 1426         1. The first public hearing shall be held at the
 1427  transmittal stage pursuant to subsection (3). It shall be held
 1428  on a weekday at least 7 days after the day that the first
 1429  advertisement is published.
 1430         2. The second public hearing shall be held at the adoption
 1431  stage pursuant to subsection (7). It shall be held on a weekday
 1432  at least 5 days after the day that the second advertisement is
 1433  published. The comprehensive plan or plan amendment to be
 1434  considered for adoption must be made available to the public at
 1435  least 5 days before the date of the hearing and must be posted
 1436  at least 5 days before the date of the hearing on the local
 1437  government’s Internet website, if one is maintained. The
 1438  proposed comprehensive plan amendment may not be altered during
 1439  the 5 days before the hearing if such alteration increases the
 1440  permissible density, intensity, or height, or decreases the
 1441  minimum buffers, setbacks, or open space. If the amendment is
 1442  altered in this manner during the 5-day period or at the public
 1443  hearing, the hearing shall be continued to the next meeting of
 1444  the local governing body. As part of the adoption package, the
 1445  local government shall certify in writing to the state land
 1446  planning agency that it has complied with this paragraph.
 1447         (c) The local government shall provide a sign-in form at
 1448  the transmittal hearing and at the adoption hearing for persons
 1449  to provide their names and mailing and electronic addresses. The
 1450  sign-in form must advise that any person providing the requested
 1451  information will receive a courtesy informational statement
 1452  concerning publications of the state land planning agency’s
 1453  notice of intent. The local government shall add to the sign-in
 1454  form the name and address of any person who submits written
 1455  comments concerning the proposed plan or plan amendment during
 1456  the time period between the commencement of the transmittal
 1457  hearing and the end of the adoption hearing. It is the
 1458  responsibility of the person completing the form or providing
 1459  written comments to accurately, completely, and legibly provide
 1460  all information needed in order to receive the courtesy
 1461  informational statement.
 1462         (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
 1463  local government that has adopted a community vision and urban
 1464  service boundary under s. 163.3177(13) and (14) may adopt a plan
 1465  amendment related to map amendments solely to property within an
 1466  urban service boundary in the manner described in subsections
 1467  (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
 1468  and e., 2., and 3., such that state and regional agency review
 1469  is eliminated. The department may not issue an objections,
 1470  recommendations, and comments report on proposed plan amendments
 1471  or a notice of intent on adopted plan amendments; however,
 1472  affected persons, as defined by paragraph (1)(a), may file a
 1473  petition for administrative review pursuant to the requirements
 1474  of s. 163.3187(3)(a) to challenge the compliance of an adopted
 1475  plan amendment. This subsection does not apply to any amendment
 1476  within an area of critical state concern, to any amendment that
 1477  increases residential densities allowable in high-hazard coastal
 1478  areas as defined in s. 163.3178(2)(h), or to a text change to
 1479  the goals, policies, or objectives of the local government’s
 1480  comprehensive plan. Amendments submitted under this subsection
 1481  are exempt from the limitation on the frequency of plan
 1482  amendments in s. 163.3187.
 1483         Section 5. Subsection (1), paragraph (c) of subsection (3),
 1484  subsection (5), and paragraph (a) of subsection (6) of section
 1485  163.3187, Florida Statutes, are amended to read:
 1486         163.3187 Amendment of adopted comprehensive plan.—
 1487         (1) Amendments to comprehensive plans adopted pursuant to
 1488  this part may be made not more than two times during any
 1489  calendar year, except:
 1490         (a) Any local government comprehensive plan In the case of
 1491  an emergency, comprehensive plan amendments may be made more
 1492  often than twice during the calendar year if the additional plan
 1493  amendment enacted in case of emergency which receives the
 1494  approval of all of the members of the governing body.
 1495  “Emergency” means any occurrence or threat thereof whether
 1496  accidental or natural, caused by humankind, in war or peace,
 1497  which results or may result in substantial injury or harm to the
 1498  population or substantial damage to or loss of property or
 1499  public funds.
 1500         (b) Any local government comprehensive plan amendments
 1501  directly related to a proposed development of regional impact,
 1502  including changes which have been determined to be substantial
 1503  deviations and including Florida Quality Developments pursuant
 1504  to s. 380.061, may be initiated by a local planning agency and
 1505  considered by the local governing body at the same time as the
 1506  application for development approval using the procedures
 1507  provided for local plan amendment in this section and applicable
 1508  local ordinances, without regard to statutory or local ordinance
 1509  limits on the frequency of consideration of amendments to the
 1510  local comprehensive plan. Nothing in this subsection shall be
 1511  deemed to require favorable consideration of a plan amendment
 1512  solely because it is related to a development of regional
 1513  impact.
 1514         (c) Any Local government comprehensive plan amendments
 1515  directly related to proposed small scale development activities
 1516  may be approved without regard to statutory limits on the
 1517  frequency of consideration of amendments to the local
 1518  comprehensive plan. A small scale development amendment may be
 1519  adopted only under the following conditions:
 1520         1. The proposed amendment involves a use of 10 acres or
 1521  fewer and:
 1522         a. The cumulative annual effect of the acreage for all
 1523  small scale development amendments adopted by the local
 1524  government shall not exceed:
 1525         (I) A maximum of 120 acres in a local government that
 1526  contains areas specifically designated in the local
 1527  comprehensive plan for urban infill, urban redevelopment, or
 1528  downtown revitalization as defined in s. 163.3164, urban infill
 1529  and redevelopment areas designated under s. 163.2517,
 1530  transportation concurrency exception areas approved pursuant to
 1531  s. 163.3180(5), or regional activity centers and urban central
 1532  business districts approved pursuant to s. 380.06(2)(e);
 1533  however, amendments under this paragraph may be applied to no
 1534  more than 60 acres annually of property outside the designated
 1535  areas listed in this sub-sub-subparagraph. Amendments adopted
 1536  pursuant to paragraph (k) shall not be counted toward the
 1537  acreage limitations for small scale amendments under this
 1538  paragraph.
 1539         (II) A maximum of 80 acres in a local government that does
 1540  not contain any of the designated areas set forth in sub-sub
 1541  subparagraph (I).
 1542         (III) A maximum of 120 acres in a county established
 1543  pursuant to s. 9, Art. VIII of the State Constitution.
 1544         b. The proposed amendment does not involve the same
 1545  property granted a change within the prior 12 months.
 1546         c. The proposed amendment does not involve the same owner’s
 1547  property within 200 feet of property granted a change within the
 1548  prior 12 months.
 1549         d. The proposed amendment does not involve a text change to
 1550  the goals, policies, and objectives of the local government’s
 1551  comprehensive plan, but only proposes a land use change to the
 1552  future land use map for a site-specific small scale development
 1553  activity.
 1554         e. The property that is the subject of the proposed
 1555  amendment is not located within an area of critical state
 1556  concern, unless the project subject to the proposed amendment
 1557  involves the construction of affordable housing units meeting
 1558  the criteria of s. 420.0004(3), and is located within an area of
 1559  critical state concern designated by s. 380.0552 or by the
 1560  Administration Commission pursuant to s. 380.05(1). Such
 1561  amendment is not subject to the density limitations of sub
 1562  subparagraph f., and shall be reviewed by the state land
 1563  planning agency for consistency with the principles for guiding
 1564  development applicable to the area of critical state concern
 1565  where the amendment is located and is shall not become effective
 1566  until a final order is issued under s. 380.05(6).
 1567         f. If the proposed amendment involves a residential land
 1568  use, the residential land use has a density of 10 units or less
 1569  per acre or the proposed future land use category allows a
 1570  maximum residential density of the same or less than the maximum
 1571  residential density allowable under the existing future land use
 1572  category, except that this limitation does not apply to small
 1573  scale amendments involving the construction of affordable
 1574  housing units meeting the criteria of s. 420.0004(3) on property
 1575  which will be the subject of a land use restriction agreement,
 1576  or small scale amendments described in sub-sub-subparagraph
 1577  a.(I) that are designated in the local comprehensive plan for
 1578  urban infill, urban redevelopment, or downtown revitalization as
 1579  defined in s. 163.3164, urban infill and redevelopment areas
 1580  designated under s. 163.2517, transportation concurrency
 1581  exception areas approved pursuant to s. 163.3180(5), or regional
 1582  activity centers and urban central business districts approved
 1583  pursuant to s. 380.06(2)(e).
 1584         2.a. A local government that proposes to consider a plan
 1585  amendment pursuant to this paragraph is not required to comply
 1586  with the procedures and public notice requirements of s.
 1587  163.3184(15)(c) for such plan amendments if the local government
 1588  complies with the provisions in s. 125.66(4)(a) for a county or
 1589  in s. 166.041(3)(c) for a municipality. If a request for a plan
 1590  amendment under this paragraph is initiated by other than the
 1591  local government, public notice is required.
 1592         b. The local government shall send copies of the notice and
 1593  amendment to the state land planning agency, the regional
 1594  planning council, and any other person or entity requesting a
 1595  copy. This information shall also include a statement
 1596  identifying any property subject to the amendment that is
 1597  located within a coastal high-hazard area as identified in the
 1598  local comprehensive plan.
 1599         3. Small scale development amendments adopted pursuant to
 1600  this paragraph require only one public hearing before the
 1601  governing board, which shall be an adoption hearing as described
 1602  in s. 163.3184(7), and are not subject to the requirements of s.
 1603  163.3184(3)-(6) unless the local government elects to have them
 1604  subject to those requirements.
 1605         4. If the small scale development amendment involves a site
 1606  within an area that is designated by the Governor as a rural
 1607  area of critical economic concern under s. 288.0656(7) for the
 1608  duration of such designation, the 10-acre limit listed in
 1609  subparagraph 1. shall be increased by 100 percent to 20 acres.
 1610  The local government approving the small scale plan amendment
 1611  shall certify to the Office of Tourism, Trade, and Economic
 1612  Development that the plan amendment furthers the economic
 1613  objectives set forth in the executive order issued under s.
 1614  288.0656(7), and the property subject to the plan amendment
 1615  shall undergo public review to ensure that all concurrency
 1616  requirements and federal, state, and local environmental permit
 1617  requirements are met.
 1618         (d) Any comprehensive plan amendment required by a
 1619  compliance agreement pursuant to s. 163.3184(16) may be approved
 1620  without regard to statutory limits on the frequency of adoption
 1621  of amendments to the comprehensive plan.
 1622         (e)A comprehensive plan amendment for location of a state
 1623  correctional facility. Such an amendment may be made at any time
 1624  and does not count toward the limitation on the frequency of
 1625  plan amendments.
 1626         (e)(f) Any comprehensive plan amendment that changes the
 1627  schedule in the capital improvements element, and any amendments
 1628  directly related to the schedule, may be made once in a calendar
 1629  year on a date different from the two times provided in this
 1630  subsection when necessary to coincide with the adoption of the
 1631  local government’s budget and capital improvements program.
 1632         (g)Any local government comprehensive plan amendments
 1633  directly related to proposed redevelopment of brownfield areas
 1634  designated under s. 376.80 may be approved without regard to
 1635  statutory limits on the frequency of consideration of amendments
 1636  to the local comprehensive plan.
 1637         (f)(h) Any comprehensive plan amendments for port
 1638  transportation facilities and projects that are eligible for
 1639  funding by the Florida Seaport Transportation and Economic
 1640  Development Council pursuant to s. 311.07.
 1641         (i)A comprehensive plan amendment for the purpose of
 1642  designating an urban infill and redevelopment area under s.
 1643  163.2517 may be approved without regard to the statutory limits
 1644  on the frequency of amendments to the comprehensive plan.
 1645         (g)(j) Any comprehensive plan amendment to establish public
 1646  school concurrency pursuant to s. 163.3180(13), including, but
 1647  not limited to, adoption of a public school facilities element
 1648  pursuant to s. 163.3177(12) and adoption of amendments to the
 1649  capital improvements element and intergovernmental coordination
 1650  element. In order to ensure the consistency of local government
 1651  public school facilities elements within a county, such elements
 1652  must shall be prepared and adopted on a similar time schedule.
 1653         (k)A local comprehensive plan amendment directly related
 1654  to providing transportation improvements to enhance life safety
 1655  on Controlled Access Major Arterial Highways identified in the
 1656  Florida Intrastate Highway System, in counties as defined in s.
 1657  125.011, where such roadways have a high incidence of traffic
 1658  accidents resulting in serious injury or death. Any such
 1659  amendment shall not include any amendment modifying the
 1660  designation on a comprehensive development plan land use map nor
 1661  any amendment modifying the allowable densities or intensities
 1662  of any land.
 1663         (l)A comprehensive plan amendment to adopt a public
 1664  educational facilities element pursuant to s. 163.3177(12) and
 1665  future land-use-map amendments for school siting may be approved
 1666  notwithstanding statutory limits on the frequency of adopting
 1667  plan amendments.
 1668         (m)A comprehensive plan amendment that addresses criteria
 1669  or compatibility of land uses adjacent to or in close proximity
 1670  to military installations in a local government’s future land
 1671  use element does not count toward the limitation on the
 1672  frequency of the plan amendments.
 1673         (n)Any local government comprehensive plan amendment
 1674  establishing or implementing a rural land stewardship area
 1675  pursuant to the provisions of s. 163.3177(11)(d).
 1676         (o)A comprehensive plan amendment that is submitted by an
 1677  area designated by the Governor as a rural area of critical
 1678  economic concern under s. 288.0656(7) and that meets the
 1679  economic development objectives may be approved without regard
 1680  to the statutory limits on the frequency of adoption of
 1681  amendments to the comprehensive plan.
 1682         (p)Any local government comprehensive plan amendment that
 1683  is consistent with the local housing incentive strategies
 1684  identified in s. 420.9076 and authorized by the local
 1685  government.
 1686         (h)Any local government comprehensive plan amendment
 1687  adopted pursuant to a final order issued by the Administration
 1688  Commission or the Florida Land and Water Adjudicatory
 1689  Commission.
 1690         (i)A future land use map amendment within an area
 1691  designated by the Governor as a rural area of critical economic
 1692  concern under s. 288.0656(7), if the Office of Tourism, Trade,
 1693  and Economic Development states in writing that the amendment
 1694  supports a regional target industry that is identified in an
 1695  economic development plan prepared for one of the economic
 1696  development programs identified in s. 288.0656(7).
 1697         (j)Any local government comprehensive plan amendment
 1698  establishing or implementing a rural land stewardship area
 1699  pursuant to s. 163.3177(11)(d) or a sector plan pursuant to s.
 1700  163.3245.
 1701         (3)
 1702         (c) Small scale development amendments shall not become
 1703  effective until 31 days after adoption. If challenged within 30
 1704  days after adoption, small scale development amendments shall
 1705  not become effective until the state land planning agency or the
 1706  Administration Commission, respectively, issues a final order
 1707  determining that the adopted small scale development amendment
 1708  is in compliance. However, a small-scale amendment is not
 1709  effective until it has been rendered to the state land planning
 1710  agency as required by sub-subparagraph (1)(c)2.b. and the state
 1711  land planning agency has certified to the local government in
 1712  writing that the amendment qualifies as a small-scale amendment.
 1713         (5) Nothing in This part does not is intended to prohibit
 1714  or limit the authority of local governments to require that a
 1715  person requesting an amendment pay some or all of the cost of
 1716  public notice.
 1717         (6)(a) A No local government may not amend its
 1718  comprehensive plan after the date established by the state land
 1719  planning agency for adoption of its evaluation and appraisal
 1720  report unless it has submitted its report or addendum to the
 1721  state land planning agency as prescribed by s. 163.3191, except
 1722  for plan amendments described in paragraph (1)(b) or paragraph
 1723  (1)(f) (1)(h).
 1724         Section 6. Paragraph (i) is added to subsection (2) of
 1725  section 163.3202, Florida Statutes, to read:
 1726         163.3202 Land development regulations.—
 1727         (2) Local land development regulations shall contain
 1728  specific and detailed provisions necessary or desirable to
 1729  implement the adopted comprehensive plan and shall as a minimum:
 1730         (i)Maintain the existing density of residential properties
 1731  or recreational vehicle parks if the properties are intended for
 1732  residential use and are located in unincorporated areas that
 1733  have sufficient infrastructure, as determined by the local
 1734  governing authority.
 1735         Section 7. Paragraph (b) of subsection (2) of section
 1736  163.3217, Florida Statutes, is amended to read:
 1737         163.3217 Municipal overlay for municipal incorporation.—
 1738         (2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
 1739  OVERLAY.—
 1740         (b)1. A municipal overlay shall be adopted as an amendment
 1741  to the local government comprehensive plan as prescribed by s.
 1742  163.3184.
 1743         2.A county may consider the adoption of a municipal
 1744  overlay without regard to the provisions of s. 163.3187(1)
 1745  regarding the frequency of adoption of amendments to the local
 1746  comprehensive plan.
 1747         Section 8. Subsection (8) of section 163.340, Florida
 1748  Statutes, is amended to read:
 1749         163.340 Definitions.—The following terms, wherever used or
 1750  referred to in this part, have the following meanings:
 1751         (8) “Blighted area” means an area in which there are a
 1752  substantial number of deteriorated, or deteriorating structures,
 1753  in which conditions, as indicated by government-maintained
 1754  statistics or other studies, are leading to economic distress or
 1755  endanger life or property, and in which two or more of the
 1756  following factors are present:
 1757         (a) Predominance of defective or inadequate street layout,
 1758  parking facilities, roadways, bridges, or public transportation
 1759  facilities;
 1760         (b) Aggregate assessed values of real property in the area
 1761  for ad valorem tax purposes have failed to show any appreciable
 1762  increase over the 5 years prior to the finding of such
 1763  conditions;
 1764         (c) Faulty lot layout in relation to size, adequacy,
 1765  accessibility, or usefulness;
 1766         (d) Unsanitary or unsafe conditions;
 1767         (e) Deterioration of site or other improvements;
 1768         (f) Inadequate and outdated building density patterns;
 1769         (g) Falling lease rates per square foot of office,
 1770  commercial, or industrial space compared to the remainder of the
 1771  county or municipality;
 1772         (h) Tax or special assessment delinquency exceeding the
 1773  fair value of the land;
 1774         (i) Residential and commercial vacancy rates higher in the
 1775  area than in the remainder of the county or municipality;
 1776         (j) Incidence of crime in the area higher than in the
 1777  remainder of the county or municipality;
 1778         (k) Fire and emergency medical service calls to the area
 1779  proportionately higher than in the remainder of the county or
 1780  municipality;
 1781         (l) A greater number of violations of the Florida Building
 1782  Code in the area than the number of violations recorded in the
 1783  remainder of the county or municipality;
 1784         (m) Diversity of ownership or defective or unusual
 1785  conditions of title which prevent the free alienability of land
 1786  within the deteriorated or hazardous area; or
 1787         (n) Governmentally owned property with adverse
 1788  environmental conditions caused by a public or private entity.
 1789  
 1790  However, the term “blighted area” also means any area in which
 1791  at least one of the factors identified in paragraphs (a) through
 1792  (n) are present and all taxing authorities subject to s.
 1793  163.387(2)(a) agree, either by interlocal agreement or
 1794  agreements with the agency or by resolution, that the area is
 1795  blighted, or that the area was previously used as a military
 1796  facility, is undeveloped, and consists of land that the Federal
 1797  Government declared surplus within the preceding 20 years. Such
 1798  agreement or resolution shall only determine only that the area
 1799  is blighted. For purposes of qualifying for the tax credits
 1800  authorized in chapter 220, “blighted area” means an area as
 1801  defined in this subsection.
 1802         Section 9. Subsection (11) of section 171.203, Florida
 1803  Statutes, is amended to read:
 1804         171.203 Interlocal service boundary agreement.—The
 1805  governing body of a county and one or more municipalities or
 1806  independent special districts within the county may enter into
 1807  an interlocal service boundary agreement under this part. The
 1808  governing bodies of a county, a municipality, or an independent
 1809  special district may develop a process for reaching an
 1810  interlocal service boundary agreement which provides for public
 1811  participation in a manner that meets or exceeds the requirements
 1812  of subsection (13), or the governing bodies may use the process
 1813  established in this section.
 1814         (11)(a) A municipality that is a party to an interlocal
 1815  service boundary agreement that identifies an unincorporated
 1816  area for municipal annexation under s. 171.202(11)(a) shall
 1817  adopt a municipal service area as an amendment to its
 1818  comprehensive plan to address future possible municipal
 1819  annexation. The state land planning agency shall review the
 1820  amendment for compliance with part II of chapter 163. The
 1821  proposed plan amendment must contain:
 1822         1. A boundary map of the municipal service area.
 1823         2. Population projections for the area.
 1824         3. Data and analysis supporting the provision of public
 1825  facilities for the area.
 1826         (b) This part does not authorize the state land planning
 1827  agency to review, evaluate, determine, approve, or disapprove a
 1828  municipal ordinance relating to municipal annexation or
 1829  contraction.
 1830         (c)Any amendment required by paragraph (a) is exempt from
 1831  the twice-per-year limitation under s. 163.3187.
 1832         Section 10. Paragraph (a) of subsection (7) and paragraph
 1833  (l) of subsection (24) of section 380.06, Florida Statutes, are
 1834  amended to read:
 1835         380.06 Developments of regional impact.—
 1836         (7) PREAPPLICATION PROCEDURES.—
 1837         (a) Before filing an application for development approval,
 1838  the developer shall contact the regional planning agency with
 1839  jurisdiction over the proposed development to arrange a
 1840  preapplication conference. Upon the request of the developer or
 1841  the regional planning agency, other affected state and regional
 1842  agencies shall participate in this conference and shall identify
 1843  the types of permits issued by the agencies, the level of
 1844  information required, and the permit issuance procedures as
 1845  applied to the proposed development. The level-of-service
 1846  standards required in the transportation methodology must be the
 1847  same level-of-service standards used to evaluate concurrency in
 1848  accordance with s. 163.3180. The regional planning agency shall
 1849  provide the developer information about the development-of
 1850  regional-impact process and the use of preapplication
 1851  conferences to identify issues, coordinate appropriate state and
 1852  local agency requirements, and otherwise promote a proper and
 1853  efficient review of the proposed development. If agreement is
 1854  reached regarding assumptions and methodology to be used in the
 1855  application for development approval, the reviewing agencies may
 1856  not subsequently object to those assumptions and methodologies
 1857  unless subsequent changes to the project or information obtained
 1858  during the review make those assumptions and methodologies
 1859  inappropriate.
 1860         (24) STATUTORY EXEMPTIONS.—
 1861         (l) Any proposed development within an urban service
 1862  boundary established under s. 163.3177(14) is exempt from the
 1863  provisions of this section if the local government having
 1864  jurisdiction over the area where the development is proposed has
 1865  adopted the urban service boundary, has entered into a binding
 1866  agreement with jurisdictions that would be impacted and with the
 1867  Department of Transportation regarding the mitigation of impacts
 1868  on state and regional transportation facilities, and has adopted
 1869  a proportionate share methodology pursuant to s. 163.3180(16).
 1870  
 1871  If a use is exempt from review as a development of regional
 1872  impact under paragraphs (a)-(t), but will be part of a larger
 1873  project that is subject to review as a development of regional
 1874  impact, the impact of the exempt use must be included in the
 1875  review of the larger project.
 1876         Section 11. Present subsection (19) of section 403.973,
 1877  Florida Statutes, is redesignated as subsection (20), and a new
 1878  subsection (19) is added to that section, to read:
 1879         403.973 Expedited permitting; comprehensive plan
 1880  amendments.—
 1881         (19)It is the intent of the Legislature to encourage and
 1882  facilitate the location of businesses in the state that will
 1883  create jobs and high wages, diversify the state’s economy, and
 1884  promote the development of energy saving technologies and other
 1885  clean technologies to be used in Florida communities. It is also
 1886  the intent of the Legislature to provide incentives in
 1887  regulatory process for mixed use projects that are regional
 1888  centers for clean technology (RCCT) to accomplish the goals of
 1889  this section and meet additional performance criteria for
 1890  conservation, reduced energy and water consumption, and other
 1891  practices for creating a sustainable community.
 1892         (a)In order to qualify for the incentives in this
 1893  subsection, a proposed RCCT project must:
 1894         1.Create new jobs in development, manufacturing, and
 1895  distribution in the clean technology industry including, but not
 1896  limited to, energy and fuel saving, alternative energy
 1897  production, or carbon reduction technologies. Overall job
 1898  creation must be at a minimum ratio of one job for every
 1899  household in the project and produce no less than 10,000 jobs
 1900  upon completion of the project.
 1901         2.Provide at least 25 percent of site-wide demand for
 1902  electricity by new renewable energy sources.
 1903         3.Use building design and construction techniques and
 1904  materials to reduce project-wide energy demand by at least 25
 1905  percent compared to 2009 average per capita consumption for the
 1906  state.
 1907         4.Use conservation and construction techniques and
 1908  materials to reduce potable water consumption by at least 25
 1909  percent compared to 2009 average per capita consumption for the
 1910  state.
 1911         5.Have projected per capita carbon emissions at least 25
 1912  percent below the 2009 average per capita carbon emissions for
 1913  the state.
 1914         6.Contain at least 25,000 acres, at least 50 percent of
 1915  which will be dedicated to conservation or open space. The
 1916  project site must be directly accessible to a crossroad of two
 1917  Strategic Intermodal System facilities and may not be located in
 1918  a coastal high-hazard area.
 1919         7.Be located on a site planned to contain a mix of land
 1920  uses, including, at a minimum, 5 million square feet of combined
 1921  research and development, industrial uses, and commercial land
 1922  uses, and a balanced mix of housing to meet the demands for jobs
 1923  and wages created within the project.
 1924         8.Be designed to greatly reduce the need for automobile
 1925  usage through an intramodal mass transit system, site design,
 1926  and other strategies to reduce vehicle miles travelled.
 1927         (b)The office must certify a RCCT project as eligible for
 1928  the incentives in this subsection within 30 days after receiving
 1929  an application that meets the criteria paragraph (a). The
 1930  application must be received within 180 days after July 1, 2009,
 1931  in order to qualify for this incentive. The recommendation from
 1932  the governing body of the county or municipality in which the
 1933  project may be located is required in order for the office to
 1934  certify that any project is eligible for the expedited review
 1935  and incentives under this subsection. The office may decertify a
 1936  project that has failed to meet the criteria in this subsection
 1937  and the commitments set forth in the application.
 1938         (c)1.The office shall direct the creation of regional
 1939  permit action teams through a memorandum of agreement as set
 1940  forth in subsections (4)-(6). The RCCT project shall be eligible
 1941  for the expedited permitting and other incentives provided in
 1942  this section.
 1943         2.Notwithstanding any other provisions of law,
 1944  applications for comprehensive plan amendments received before
 1945  June 1, 2009, which are associated with RCCT projects certified
 1946  under this subsection, including text amendments that set forth
 1947  parameters for establishing a RCCT project map amendment, shall
 1948  be processed pursuant to the provisions of s. 163.3187(1)(c) and
 1949  (3). The Legislature finds that a project meeting the criteria
 1950  for certification under this subsection meets the requirements
 1951  for land use allocation need based on population projections,
 1952  discouragement of urban sprawl, the provisions of section
 1953  163.3177(6)(a) and (11), and implementing rules.
 1954  3.Any development projects within the certified project which
 1955  are subject to development-of-regional-impact review pursuant to
 1956  the applicable provisions of chapter 380 shall be reviewed
 1957  pursuant to that chapter and applicable rules. If a RCCT project
 1958  qualifies as a development of regional impact, the application
 1959  must be submitted within 180 days after the adoption of the
 1960  related comprehensive plan amendment. Notwithstanding any other
 1961  provisions of law, the state land planning agency may not appeal
 1962  a local government development order issued under chapter 380
 1963  unless the agency having regulatory authority over the subject
 1964  area of the appeal has recommended an appeal.
 1965         Section 12. This act shall take effect July 1, 2009.