Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 360
       
       
       
       
       
       
                                Barcode 404522                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/19/2009           .                                
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       The Policy and Steering Committee on Ways and Means (Siplin)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Community Renewal
    6  Act.”
    7         Section 2. Subsection (29) of section 163.3164, Florida
    8  Statutes, is amended, and subsection (34) is added to that
    9  section, to read:
   10         163.3164 Local Government Comprehensive Planning and Land
   11  Development Regulation Act; definitions.—As used in this act:
   12         (29) “Existing Urban service area” means built-up areas
   13  where public facilities and services, including, but not limited
   14  to, central water and sewer such as sewage treatment systems,
   15  roads, schools, and recreation areas, are already in place. In
   16  addition, areas identified in the comprehensive plan as urban
   17  service areas or urban growth boundaries on or before July 1,
   18  2009, which are located within counties that qualify as dense
   19  urban land areas under subsection (34) by July 1, 2009, are also
   20  urban service areas under this definition.
   21         (34)“Dense urban land area” means:
   22         (a)A municipality that has an average of at least 1,000
   23  people per square mile of land area and a minimum total
   24  population of at least 5,000;
   25         (b)A county, including the municipalities located therein,
   26  which has an average of at least 1,000 people per square mile of
   27  land area; or
   28         (c)A county, including the municipalities located therein,
   29  which has a population of at least 1 million.
   30  
   31  The Office of Economic and Demographic Research within the
   32  Legislature shall annually calculate the population and density
   33  criteria needed to determine which jurisdictions qualify as
   34  dense urban land areas by using the most recent land area data
   35  from the decennial census conducted by the Bureau of the Census
   36  of the United States Department of Commerce and the latest
   37  available population estimates determined pursuant to s.
   38  186.901. If any local government has had an annexation,
   39  contraction, or new incorporation, the Office of Economic and
   40  Demographic Research shall determine the population density
   41  using the new jurisdictional boundaries as recorded in
   42  accordance with s. 171.091. The Office of Economic and
   43  Demographic Research shall submit to the state land planning
   44  agency a list of jurisdictions that meet the total population
   45  and density criteria necessary for designation as a dense urban
   46  land area by July 1, 2009, and every year thereafter. The state
   47  land planning agency shall publish the list of jurisdictions on
   48  its Internet website within 7 days after the list is received.
   49  The designation of jurisdictions that qualify or do not qualify
   50  as a dense urban land area is effective upon publication on the
   51  state land planning agency’s Internet website.
   52         Section 3. Paragraph (b) of subsection (3), paragraph (a)
   53  of subsection (4), paragraph (h) of subsection (6), and
   54  paragraphs (j) and (k) of subsection (12) of section 163.3177
   55  Florida Statutes, are amended to read:
   56         163.3177 Required and optional elements of comprehensive
   57  plan; studies and surveys.—
   58         (3)
   59         (b)1. The capital improvements element must be reviewed on
   60  an annual basis and modified as necessary in accordance with s.
   61  163.3187 or s. 163.3189 in order to maintain a financially
   62  feasible 5-year schedule of capital improvements. Corrections
   63  and modifications concerning costs; revenue sources; or
   64  acceptance of facilities pursuant to dedications which are
   65  consistent with the plan may be accomplished by ordinance and
   66  shall not be deemed to be amendments to the local comprehensive
   67  plan. A copy of the ordinance shall be transmitted to the state
   68  land planning agency. An amendment to the comprehensive plan is
   69  required to update the schedule on an annual basis or to
   70  eliminate, defer, or delay the construction for any facility
   71  listed in the 5-year schedule. All public facilities must be
   72  consistent with the capital improvements element. The annual
   73  update to the capital improvements element of the comprehensive
   74  plan need not comply with the financial feasibility requirement
   75  until December 1, 2011. Amendments to implement this section
   76  must be adopted and transmitted no later than December 1, 2008.
   77  Thereafter, a local government may not amend its future land use
   78  map, except for plan amendments to meet new requirements under
   79  this part and emergency amendments pursuant to s.
   80  163.3187(1)(a), after December 1, 2011 2008, and every year
   81  thereafter, unless and until the local government has adopted
   82  the annual update and it has been transmitted to the state land
   83  planning agency.
   84         2. Capital improvements element amendments adopted after
   85  the effective date of this act shall require only a single
   86  public hearing before the governing board which shall be an
   87  adoption hearing as described in s. 163.3184(7). Such amendments
   88  are not subject to the requirements of s. 163.3184(3)-(6).
   89         (4)(a) Coordination of the local comprehensive plan with
   90  the comprehensive plans of adjacent municipalities, the county,
   91  adjacent counties, or the region; with the appropriate water
   92  management district’s regional water supply plans approved
   93  pursuant to s. 373.0361; with adopted rules pertaining to
   94  designated areas of critical state concern; and with the state
   95  comprehensive plan shall be a major objective of the local
   96  comprehensive planning process. To that end, in the preparation
   97  of a comprehensive plan or element thereof, and in the
   98  comprehensive plan or element as adopted, the governing body
   99  shall include a specific policy statement indicating the
  100  relationship of the proposed development of the area to the
  101  comprehensive plans of adjacent municipalities, the county,
  102  adjacent counties, or the region and to the state comprehensive
  103  plan, as the case may require and as such adopted plans or plans
  104  in preparation may exist.
  105         (6) In addition to the requirements of subsections (1)-(5)
  106  and (12), the comprehensive plan shall include the following
  107  elements:
  108         (h)1. An intergovernmental coordination element showing
  109  relationships and stating principles and guidelines to be used
  110  in the accomplishment of coordination of the adopted
  111  comprehensive plan with the plans of school boards, regional
  112  water supply authorities, and other units of local government
  113  providing services but not having regulatory authority over the
  114  use of land, with the comprehensive plans of adjacent
  115  municipalities, the county, adjacent counties, or the region,
  116  with the state comprehensive plan and with the applicable
  117  regional water supply plan approved pursuant to s. 373.0361, as
  118  the case may require and as such adopted plans or plans in
  119  preparation may exist. This element of the local comprehensive
  120  plan shall demonstrate consideration of the particular effects
  121  of the local plan, when adopted, upon the development of
  122  adjacent municipalities, the county, adjacent counties, or the
  123  region, or upon the state comprehensive plan, as the case may
  124  require.
  125         a. The intergovernmental coordination element shall provide
  126  for procedures to identify and implement joint planning areas,
  127  especially for the purpose of annexation, municipal
  128  incorporation, and joint infrastructure service areas.
  129         b. The intergovernmental coordination element shall provide
  130  for recognition of campus master plans prepared pursuant to s.
  131  1013.30.
  132         c. The intergovernmental coordination element shall may
  133  provide for a voluntary dispute resolution process as
  134  established pursuant to s. 186.509 for bringing to closure in a
  135  timely manner intergovernmental disputes. A local government may
  136  develop and use an alternative local dispute resolution process
  137  for this purpose.
  138         2. The intergovernmental coordination element shall further
  139  state principles and guidelines to be used in the accomplishment
  140  of coordination of the adopted comprehensive plan with the plans
  141  of school boards and other units of local government providing
  142  facilities and services but not having regulatory authority over
  143  the use of land. In addition, the intergovernmental coordination
  144  element shall describe joint processes for collaborative
  145  planning and decisionmaking on population projections and public
  146  school siting, the location and extension of public facilities
  147  subject to concurrency, and siting facilities with countywide
  148  significance, including locally unwanted land uses whose nature
  149  and identity are established in an agreement. Within 1 year of
  150  adopting their intergovernmental coordination elements, each
  151  county, all the municipalities within that county, the district
  152  school board, and any unit of local government service providers
  153  in that county shall establish by interlocal or other formal
  154  agreement executed by all affected entities, the joint processes
  155  described in this subparagraph consistent with their adopted
  156  intergovernmental coordination elements.
  157         3. To foster coordination between special districts and
  158  local general-purpose governments as local general-purpose
  159  governments implement local comprehensive plans, each
  160  independent special district must submit a public facilities
  161  report to the appropriate local government as required by s.
  162  189.415.
  163         4.a. Local governments must execute an interlocal agreement
  164  with the district school board, the county, and nonexempt
  165  municipalities pursuant to s. 163.31777. The local government
  166  shall amend the intergovernmental coordination element to
  167  provide that coordination between the local government and
  168  school board is pursuant to the agreement and shall state the
  169  obligations of the local government under the agreement.
  170         b. Plan amendments that comply with this subparagraph are
  171  exempt from the provisions of s. 163.3187(1).
  172         5. The state land planning agency shall establish a
  173  schedule for phased completion and transmittal of plan
  174  amendments to implement subparagraphs 1., 2., and 3. from all
  175  jurisdictions so as to accomplish their adoption by December 31,
  176  1999. A local government may complete and transmit its plan
  177  amendments to carry out these provisions prior to the scheduled
  178  date established by the state land planning agency. The plan
  179  amendments are exempt from the provisions of s. 163.3187(1).
  180         6. By January 1, 2004, any county having a population
  181  greater than 100,000, and the municipalities and special
  182  districts within that county, shall submit a report to the
  183  Department of Community Affairs which:
  184         a. Identifies all existing or proposed interlocal service
  185  delivery agreements regarding the following: education; sanitary
  186  sewer; public safety; solid waste; drainage; potable water;
  187  parks and recreation; and transportation facilities.
  188         b. Identifies any deficits or duplication in the provision
  189  of services within its jurisdiction, whether capital or
  190  operational. Upon request, the Department of Community Affairs
  191  shall provide technical assistance to the local governments in
  192  identifying deficits or duplication.
  193         7. Within 6 months after submission of the report, the
  194  Department of Community Affairs shall, through the appropriate
  195  regional planning council, coordinate a meeting of all local
  196  governments within the regional planning area to discuss the
  197  reports and potential strategies to remedy any identified
  198  deficiencies or duplications.
  199         8. Each local government shall update its intergovernmental
  200  coordination element based upon the findings in the report
  201  submitted pursuant to subparagraph 6. The report may be used as
  202  supporting data and analysis for the intergovernmental
  203  coordination element.
  204         (12) A public school facilities element adopted to
  205  implement a school concurrency program shall meet the
  206  requirements of this subsection. Each county and each
  207  municipality within the county, unless exempt or subject to a
  208  waiver, must adopt a public school facilities element that is
  209  consistent with those adopted by the other local governments
  210  within the county and enter the interlocal agreement pursuant to
  211  s. 163.31777.
  212         (j) Failure to adopt the public school facilities element,
  213  to enter into an approved interlocal agreement as required by
  214  subparagraph (6)(h)2. and s. 163.31777, or to amend the
  215  comprehensive plan as necessary to implement school concurrency,
  216  according to the phased schedule, shall result in a local
  217  government being prohibited from adopting amendments to the
  218  comprehensive plan which increase residential density until the
  219  necessary amendments have been adopted and transmitted to the
  220  state land planning agency.
  221         (j)(k) The state land planning agency may issue the school
  222  board a notice to a school board or local government to show
  223  cause why sanctions should not be enforced for failure to enter
  224  into an approved interlocal agreement as required by s.
  225  163.31777 or for failure to implement the provisions of this act
  226  relating to public school concurrency. If the state land
  227  planning agency finds that insufficient cause exists for the
  228  school board’s or local government’s failure to enter into an
  229  approved interlocal agreement required by s. 163.31777 or for
  230  the school board’s or local government’s failure to implement
  231  the provisions relating to public school concurrency, the state
  232  land planning agency shall submit its finding to the
  233  Administration Commission, which may impose on the local
  234  government any of the sanctions set forth in s. 163.3184(11)(a)
  235  and (b) and may impose on the district school board any of the
  236  sanctions set forth in s. 1008.32(4). The school board may be
  237  subject to sanctions imposed by the Administration Commission
  238  directing the Department of Education to withhold from the
  239  district school board an equivalent amount of funds for school
  240  construction available pursuant to ss. 1013.65, 1013.68,
  241  1013.70, and 1013.72.
  242         Section 4. Paragraph (c) of subsection (4) and subsections
  243  (5) and (10) of section 163.3180, Florida Statutes, are amended
  244  to read:
  245         163.3180 Concurrency.—
  246         (4)
  247         (c) The concurrency requirement, except as it relates to
  248  transportation facilities and public schools, as implemented in
  249  local government comprehensive plans, may be waived by a local
  250  government for urban infill and redevelopment areas designated
  251  pursuant to s. 163.2517 if such a waiver does not endanger
  252  public health or safety as defined by the local government in
  253  its local government comprehensive plan. The waiver shall be
  254  adopted as a plan amendment pursuant to the process set forth in
  255  s. 163.3187(4)(a) s. 163.3187(3)(a). A local government may
  256  grant a concurrency exception pursuant to subsection (5) for
  257  transportation facilities located within these urban infill and
  258  redevelopment areas.
  259         (5)
  260         (a) The Legislature finds that under limited circumstances
  261  dealing with transportation facilities, countervailing planning
  262  and public policy goals may come into conflict with the
  263  requirement that adequate public transportation facilities and
  264  services be available concurrent with the impacts of such
  265  development. The Legislature further finds that often the
  266  unintended result of the concurrency requirement for
  267  transportation facilities is often the discouragement of urban
  268  infill development and redevelopment. Such unintended results
  269  directly conflict with the goals and policies of the state
  270  comprehensive plan and the intent of this part. The Legislature
  271  also finds that in urban centers transportation cannot be
  272  effectively managed and mobility cannot be improved solely
  273  through the expansion of roadway capacity, that the expansion of
  274  roadway capacity is not always physically or financially
  275  possible, and that a range of transportation alternatives are
  276  essential to satisfy mobility needs, reduce congestion, and
  277  achieve healthy, vibrant centers. Therefore, exceptions from the
  278  concurrency requirement for transportation facilities may be
  279  granted as provided by this subsection.
  280         (b)1.The following are transportation concurrency
  281  exception areas:
  282         a.A municipality that qualifies as a dense urban land area
  283  under s. 163.3164(34);
  284         b.An urban service area under s. 163.3164(29) which has
  285  been adopted into the local comprehensive plan and is located
  286  within a county that qualifies as a dense urban land area under
  287  s. 163.3164(34); and
  288         c.A county, including the municipalities located therein,
  289  which has a population of at least 900,000 and qualifies as a
  290  dense urban land area under s. 163.3164(34), but does not have
  291  an urban service area designated in the local comprehensive
  292  plan.
  293         2.A municipality that does not qualify as a dense urban
  294  land area pursuant to s. 163.3164(34) may designate in its local
  295  comprehensive plan the following areas as transportation
  296  concurrency exception areas:
  297         a.Urban infill as defined in s. 163.3164(27);
  298         b.Community redevelopment areas as defined in s.
  299  163.340(10);
  300         c.Downtown revitalization areas as defined in s.
  301  163.3164(25);
  302         d.Urban infill and redevelopment under s. 163.2517; or
  303         e.Urban service areas as defined in s. 163.3164(29) or
  304  areas within a designated urban service boundary under s.
  305  163.3177(14).
  306         3.A county that does not qualify as a dense urban land
  307  area pursuant to s. 163.3164(34) may designate in its local
  308  comprehensive plan the following areas as transportation
  309  concurrency exception areas:
  310         a.Urban infill as defined in s. 163.3164(27);
  311         b.Urban infill and redevelopment under s. 163.2517; or
  312         c.Urban service areas as defined in s. 163.3164(29).
  313         4.A local government that has a transportation concurrency
  314  exception area designated pursuant to subparagraph 1.,
  315  subparagraph 2., or subparagraph 3. must, within 2 years after
  316  the designated area becomes exempt, adopt into its local
  317  comprehensive plan land use and transportation strategies to
  318  support and fund mobility within the exception area, including
  319  alternative modes of transportation. Local governments are
  320  encouraged to adopt complementary land use and transportation
  321  strategies that reflect the region’s shared vision for its
  322  future. If the state land planning agency finds insufficient
  323  cause for the failure to adopt into its comprehensive plan land
  324  use and transportation strategies to support and fund mobility
  325  within the designated exception area after 2 years, it shall
  326  submit the finding to the Administration Commission, which may
  327  impose any of the sanctions set forth in s. 163.3184(11)(a) and
  328  (b) against the local government.
  329         5.Transportation concurrency exception areas designated
  330  under subparagraph 1., subparagraph 2., or subparagraph 3. do
  331  not apply to designated transportation concurrency districts
  332  located within a county that has a population of at least 1.5
  333  million, has implemented and uses a transportation-related
  334  concurrency assessment to support alternative modes of
  335  transportation, including, but not limited to, mass transit, and
  336  does not levy transportation impact fees within the concurrency
  337  district.
  338         6.A local government that does not qualify as a dense
  339  urban land area as defined in s. 163.3164(34) A local government
  340  may grant an exception from the concurrency requirement for
  341  transportation facilities if the proposed development is
  342  otherwise consistent with the adopted local government
  343  comprehensive plan and is a project that promotes public
  344  transportation or is located within an area designated in the
  345  comprehensive plan for:
  346         a.1. Urban infill development;
  347         b.2. Urban redevelopment;
  348         c.3. Downtown revitalization;
  349         d.4. Urban infill and redevelopment under s. 163.2517; or
  350         e.5. An urban service area specifically designated as a
  351  transportation concurrency exception area which includes lands
  352  appropriate for compact, contiguous urban development, which
  353  does not exceed the amount of land needed to accommodate the
  354  projected population growth at densities consistent with the
  355  adopted comprehensive plan within the 10-year planning period,
  356  and which is served or is planned to be served with public
  357  facilities and services as provided by the capital improvements
  358  element.
  359         (c) The Legislature also finds that developments located
  360  within urban infill, urban redevelopment, existing urban
  361  service, or downtown revitalization areas or areas designated as
  362  urban infill and redevelopment areas under s. 163.2517, which
  363  pose only special part-time demands on the transportation
  364  system, are exempt should be excepted from the concurrency
  365  requirement for transportation facilities. A special part-time
  366  demand is one that does not have more than 200 scheduled events
  367  during any calendar year and does not affect the 100 highest
  368  traffic volume hours.
  369         (d) Except for transportation concurrency exception areas
  370  designated pursuant to subparagraph (b)1., subparagraph (b)2.,
  371  or subparagraph (b)3., the following requirements apply: A local
  372  government shall establish guidelines in the comprehensive plan
  373  for granting the exceptions authorized in paragraphs (b) and (c)
  374  and subsections (7) and (15) which must be consistent with and
  375  support a comprehensive strategy adopted in the plan to promote
  376  the purpose of the exceptions.
  377         1.(e) The local government shall both adopt into the
  378  comprehensive plan and implement long-term strategies to support
  379  and fund mobility within the designated exception area,
  380  including alternative modes of transportation. The plan
  381  amendment must also demonstrate how strategies will support the
  382  purpose of the exception and how mobility within the designated
  383  exception area will be provided.
  384         2.In addition, The strategies must address urban design;
  385  appropriate land use mixes, including intensity and density; and
  386  network connectivity plans needed to promote urban infill,
  387  redevelopment, or downtown revitalization. The comprehensive
  388  plan amendment designating the concurrency exception area must
  389  be accompanied by data and analysis justifying the size of the
  390  area.
  391         (e)(f)Before designating Prior to the designation of a
  392  concurrency exception area pursuant to subparagraph (b)6., the
  393  state land planning agency and the Department of Transportation
  394  shall be consulted by the local government to assess the impact
  395  that the proposed exception area is expected to have on the
  396  adopted level-of-service standards established for regional
  397  transportation facilities identified pursuant to s. 186.507,
  398  including the Strategic Intermodal System facilities, as defined
  399  in s. 339.64, and roadway facilities funded in accordance with
  400  s. 339.2819. Further, the local government shall provide a plan
  401  for the mitigation of, in consultation with the state land
  402  planning agency and the Department of Transportation, develop a
  403  plan to mitigate any impacts to the Strategic Intermodal System,
  404  including, if appropriate, access management, parallel reliever
  405  roads, transportation demand management, and other measures the
  406  development of a long-term concurrency management system
  407  pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
  408  may be available only within the specific geographic area of the
  409  jurisdiction designated in the plan. Pursuant to s. 163.3184,
  410  any affected person may challenge a plan amendment establishing
  411  these guidelines and the areas within which an exception could
  412  be granted.
  413         (g) Transportation concurrency exception areas existing
  414  prior to July 1, 2005, must, at a minimum, meet the provisions
  415  of this section by July 1, 2006, or at the time of the
  416  comprehensive plan update pursuant to the evaluation and
  417  appraisal report, whichever occurs last.
  418         (f)The designation of a transportation concurrency
  419  exception area does not limit a local government’s home rule
  420  power to adopt ordinances or impose fees. This subsection does
  421  not affect any contract or agreement entered into or development
  422  order rendered before the creation of the transportation
  423  concurrency exception area except as provided in s.
  424  380.06(29)(e).
  425         (g)The Office of Program Policy Analysis and Government
  426  Accountability shall submit to the President of the Senate and
  427  the Speaker of the House of Representatives by February 1, 2015,
  428  a report on transportation concurrency exception areas created
  429  pursuant to this subsection. At a minimum, the report shall
  430  address the methods that local governments have used to
  431  implement and fund transportation strategies to achieve the
  432  purposes of designated transportation concurrency exception
  433  areas, and the effects of the strategies on mobility,
  434  congestion, urban design, the density and intensity of land use
  435  mixes, and network connectivity plans used to promote urban
  436  infill, redevelopment or downtown revitalization.
  437         (10) Except in transportation concurrency exception areas,
  438  with regard to roadway facilities on the Strategic Intermodal
  439  System designated in accordance with s. 339.63 ss. 339.61,
  440  339.62, 339.63, and 339.64, the Florida Intrastate Highway
  441  System as defined in s. 338.001, and roadway facilities funded
  442  in accordance with s. 339.2819, local governments shall adopt
  443  the level-of-service standard established by the Department of
  444  Transportation by rule. However, if the Office of Tourism,
  445  Trade, and Economic Development concurs in writing with the
  446  local government that the proposed development is for a
  447  qualified job creation project under s. 288.0656 or s. 403.973,
  448  the affected local government, after consulting with the
  449  Department of Transportation, may allow for a waiver of
  450  transportation concurrency for the project. For all other roads
  451  on the State Highway System, local governments shall establish
  452  an adequate level-of-service standard that need not be
  453  consistent with any level-of-service standard established by the
  454  Department of Transportation. In establishing adequate level-of
  455  service standards for any arterial roads, or collector roads as
  456  appropriate, which traverse multiple jurisdictions, local
  457  governments shall consider compatibility with the roadway
  458  facility’s adopted level-of-service standards in adjacent
  459  jurisdictions. Each local government within a county shall use a
  460  professionally accepted methodology for measuring impacts on
  461  transportation facilities for the purposes of implementing its
  462  concurrency management system. Counties are encouraged to
  463  coordinate with adjacent counties, and local governments within
  464  a county are encouraged to coordinate, for the purpose of using
  465  common methodologies for measuring impacts on transportation
  466  facilities for the purpose of implementing their concurrency
  467  management systems.
  468         Section 5. Paragraph (b) of subsection (1), paragraph (b)
  469  of subsection (8), and subsections (17) and (18) of section
  470  163.3184, Florida Statutes, are amended to read:
  471         163.3184 Process for adoption of comprehensive plan or plan
  472  amendment.—
  473         (1) DEFINITIONS.—As used in this section, the term:
  474         (b) “In compliance” means consistent with the requirements
  475  of ss. 163.3177, when a local government adopts an educational
  476  facilities element, 163.3178, 163.3180, 163.3191, and 163.3245,
  477  with the state comprehensive plan, with the appropriate
  478  strategic regional policy plan, and with chapter 9J-5, Florida
  479  Administrative Code, where such rule is not inconsistent with
  480  this part and with the principles for guiding development in
  481  designated areas of critical state concern and with part III of
  482  chapter 369, where applicable.
  483         (8) NOTICE OF INTENT.—
  484         (b) Except as provided in paragraph (a) or in s.
  485  163.3187(4) s. 163.3187(3), the state land planning agency, upon
  486  receipt of a local government’s complete adopted comprehensive
  487  plan or plan amendment, shall have 45 days for review and to
  488  determine if the plan or plan amendment is in compliance with
  489  this act, unless the amendment is the result of a compliance
  490  agreement entered into under subsection (16), in which case the
  491  time period for review and determination shall be 30 days. If
  492  review was not conducted under subsection (6), the agency’s
  493  determination must be based upon the plan amendment as adopted.
  494  If review was conducted under subsection (6), the agency’s
  495  determination of compliance must be based only upon one or both
  496  of the following:
  497         1. The state land planning agency’s written comments to the
  498  local government pursuant to subsection (6); or
  499         2. Any changes made by the local government to the
  500  comprehensive plan or plan amendment as adopted.
  501         (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
  502  local government that has adopted a community vision and urban
  503  service boundary under s. 163.3177(13) and (14) may adopt a plan
  504  amendment related to map amendments solely to property within an
  505  urban service boundary in the manner described in subsections
  506  (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
  507  and e., 2., and 3., such that state and regional agency review
  508  is eliminated. The department may not issue an objections,
  509  recommendations, and comments report on proposed plan amendments
  510  or a notice of intent on adopted plan amendments; however,
  511  affected persons, as defined by paragraph (1)(a), may file a
  512  petition for administrative review pursuant to the requirements
  513  of s. 163.3187(4)(a) s. 163.3187(3)(a) to challenge the
  514  compliance of an adopted plan amendment. This subsection does
  515  not apply to any amendment within an area of critical state
  516  concern, to any amendment that increases residential densities
  517  allowable in high-hazard coastal areas as defined in s.
  518  163.3178(2)(h), or to a text change to the goals, policies, or
  519  objectives of the local government’s comprehensive plan.
  520  Amendments submitted under this subsection are exempt from the
  521  limitation on the frequency of plan amendments in s. 163.3187.
  522         (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
  523  municipality that has a designated urban infill and
  524  redevelopment area under s. 163.2517 may adopt a plan amendment
  525  related to map amendments solely to property within a designated
  526  urban infill and redevelopment area in the manner described in
  527  subsections (1), (2), (7), (14), (15), and (16) and s.
  528  163.3187(1)(c)1.d. and e., 2., and 3., such that state and
  529  regional agency review is eliminated. The department may not
  530  issue an objections, recommendations, and comments report on
  531  proposed plan amendments or a notice of intent on adopted plan
  532  amendments; however, affected persons, as defined by paragraph
  533  (1)(a), may file a petition for administrative review pursuant
  534  to the requirements of s. 163.3187(4)(a) s. 163.3187(3)(a) to
  535  challenge the compliance of an adopted plan amendment. This
  536  subsection does not apply to any amendment within an area of
  537  critical state concern, to any amendment that increases
  538  residential densities allowable in high-hazard coastal areas as
  539  defined in s. 163.3178(2)(h), or to a text change to the goals,
  540  policies, or objectives of the local government’s comprehensive
  541  plan. Amendments submitted under this subsection are exempt from
  542  the limitation on the frequency of plan amendments in s.
  543  163.3187.
  544         Section 6. Paragraphs (b) and (f) of subsection (1) of
  545  section 163.3187, Florida Statutes, are amended, paragraph (q)
  546  is added to that subsection, present subsections (2) through (6)
  547  of that section are redesignated as subsections (3) through (7),
  548  respectively, and a new subsection (2) is added to that section,
  549  to read:
  550         163.3187 Amendment of adopted comprehensive plan.—
  551         (1) Amendments to comprehensive plans adopted pursuant to
  552  this part may be made not more than two times during any
  553  calendar year, except:
  554         (b) Any local government comprehensive plan amendments
  555  directly related to a proposed development of regional impact,
  556  including changes which have been determined to be substantial
  557  deviations and including Florida Quality Developments pursuant
  558  to s. 380.061, may be initiated by a local planning agency and
  559  considered by the local governing body at the same time as the
  560  application for development approval using the procedures
  561  provided for local plan amendment in this section and applicable
  562  local ordinances, without regard to statutory or local ordinance
  563  limits on the frequency of consideration of amendments to the
  564  local comprehensive plan. Nothing in this subsection shall be
  565  deemed to require favorable consideration of a plan amendment
  566  solely because it is related to a development of regional
  567  impact.
  568         (f) Any comprehensive plan amendment that changes the
  569  schedule in The capital improvements element annual update
  570  required in s. 163.3177(3)(b)2., and any amendments directly
  571  related to the schedule, may be made once in a calendar year on
  572  a date different from the two times provided in this subsection
  573  when necessary to coincide with the adoption of the local
  574  government’s budget and capital improvements program.
  575         (q)Any local government plan amendment to designate an
  576  urban service area, which exists in the local government’s
  577  comprehensive plan as of July 1, 2009, as a transportation
  578  concurrency exception area under s. 163.3180(5)(b)2. or 3., an
  579  area eligible for expedited comprehensive plan amendment review
  580  under s. 163.32465, and an area exempt from the development-of
  581  regional-impact process under s. 380.06(29).
  582         (2)Other than the exceptions listed in subsection (1),
  583  text amendments to the goals, objectives, or policies of the
  584  local government’s comprehensive plan may be adopted only once a
  585  year, unless the text amendment is directly related to, and
  586  applies only to, a future land use map amendment.
  587         Section 7. Paragraph (a) of subsection (9) of section
  588  163.3246, Florida Statutes, is amended to read:
  589         163.3246 Local government comprehensive planning
  590  certification program.—
  591         (9)(a) Upon certification all comprehensive plan amendments
  592  associated with the area certified must be adopted and reviewed
  593  in the manner described in ss. 163.3184(1), (2), (7), (14),
  594  (15), and (16) and 163.3187, such that state and regional agency
  595  review is eliminated. The department may not issue any
  596  objections, recommendations, and comments report on proposed
  597  plan amendments or a notice of intent on adopted plan
  598  amendments; however, affected persons, as defined by s.
  599  163.3184(1)(a), may file a petition for administrative review
  600  pursuant to the requirements of s. 163.3187(4)(a) s.
  601  163.3187(3)(a) to challenge the compliance of an adopted plan
  602  amendment.
  603         Section 8. Section 163.32465, Florida Statutes, is amended
  604  to read:
  605         163.32465 State review of local comprehensive plans in
  606  urban areas.—
  607         (1) LEGISLATIVE FINDINGS.—
  608         (a) The Legislature finds that local governments in this
  609  state have a wide diversity of resources, conditions, abilities,
  610  and needs. The Legislature also finds that the needs and
  611  resources of urban areas are different from those of rural areas
  612  and that different planning and growth management approaches,
  613  strategies, and techniques are required in urban areas. The
  614  state role in overseeing growth management should reflect this
  615  diversity and should vary based on local government conditions,
  616  capabilities, needs, and the extent and type of development.
  617  Therefore Thus, the Legislature recognizes and finds that
  618  reduced state oversight of local comprehensive planning is
  619  justified for some local governments in urban areas and for
  620  certain types of development.
  621         (b) The Legislature finds and declares that this state’s
  622  urban areas require a reduced level of state oversight because
  623  of their high degree of urbanization and the planning
  624  capabilities and resources of many of their local governments.
  625  An alternative state review process that is adequate to protect
  626  issues of regional or statewide importance should be created for
  627  appropriate local governments in these areas and for certain
  628  types of development. Further, the Legislature finds that
  629  development, including urban infill and redevelopment, should be
  630  encouraged in these urban areas. The Legislature finds that an
  631  alternative process for amending local comprehensive plans in
  632  these areas should be established with an objective of
  633  streamlining the process and recognizing local responsibility
  634  and accountability.
  635         (c) The Legislature finds a pilot program will be
  636  beneficial in evaluating an alternative, expedited plan
  637  amendment adoption and review process. Pilot local governments
  638  shall represent highly developed counties and the municipalities
  639  within these counties and highly populated municipalities.
  640         (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.—The
  641  alternative state review process provided in this section
  642  applies to: Pinellas and Broward Counties, and the
  643  municipalities within these counties, and Jacksonville, Miami,
  644  Tampa, and Hialeah shall follow an alternative state review
  645  process provided in this section. Municipalities within the
  646  pilot counties may elect, by super majority vote of the
  647  governing body, not to participate in the pilot program.
  648         (a)Future land use map amendments within a municipality
  649  that qualifies as a dense urban land area, as defined in s.
  650  163.3164(34);
  651         (b)Future land use map amendments for areas within a
  652  county that qualifies as a dense urban land area as defined in
  653  s. 163.3164(34) which are designated in the county’s
  654  comprehensive plan as urban service areas under s. 163.3164(29);
  655         (c)Future land use map amendments for counties, including
  656  the municipalities located therein, which have a population of
  657  at least 900,000, qualify as dense urban land areas under s.
  658  163.3164(34), but do not have an urban service area designated
  659  in the comprehensive plan;
  660         (d)Future land use map amendments by municipalities that
  661  do not qualify as dense urban land areas pursuant to s.
  662  163.3164(34) and that are located within areas designated in the
  663  comprehensive plan as:
  664         1.Urban infill as defined in s. 163.3164(27);
  665         2.Community redevelopment areas as defined in s.
  666  163.340(10);
  667         3.Downtown revitalization areas as defined in s.
  668  163.3164(25); or
  669         4.Urban service areas as defined in s. 163.3164(29) or
  670  areas within a designated urban service boundary under s.
  671  163.3177(14);
  672         (e)Future land use map amendments by counties that do not
  673  qualify as dense urban land areas pursuant to s. 163.3164(34)
  674  which are within areas designated in the comprehensive plan as:
  675         1.Urban infill development as defined in s. 163.3164(27);
  676         2.Urban infill and redevelopment under s. 163.2517; or
  677         3.Urban service areas as defined in s. 163.3164(29); and
  678         (f)Future land use map amendments within an area
  679  designated by the Governor as a rural area of critical economic
  680  concern under s. 288.0656(7) if the Office of Tourism, Trade,
  681  and Economic Development states in writing that the amendment
  682  supports a regional target industry that is identified in an
  683  economic development plan prepared for one of the economic
  684  development programs identified in s. 288.0656(7).
  685         (g)Any local government plan amendment to designate an
  686  urban service area, which exists in the local government’s
  687  comprehensive plan as of July 1, 2009, as a transportation
  688  concurrency exception area under s. 163.3180(5)(b)2. or 3., an
  689  area eligible for expedited comprehensive plan amendment review
  690  under s. 163.32465, and an area exempt from the development-of
  691  regional-impact process under s. 380.06(29).
  692         (h)Any text amendment that directly relates to, and
  693  applies only to, a future land use map amendment.
  694         (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
  695  UNDER THE PILOT PROGRAM.—
  696         (a) Plan amendments adopted under this section by the pilot
  697  program jurisdictions shall follow the alternate, expedited
  698  process in subsections (4) and (5), except as set forth in
  699  paragraphs (b)-(e) of this subsection.
  700         (b) Amendments that qualify as small-scale development
  701  amendments may continue to be adopted in by the pilot program
  702  jurisdictions that use the alternative review process pursuant
  703  to s. 163.3187(1)(c) and (4)(3).
  704         (c) An amendment to a comprehensive plan is not eligible
  705  for alternative state review and must go through the state
  706  review process under s. 163.3184 if the amendment:
  707         1.Designates or implements a rural land stewardship area
  708  pursuant to s. 163.3177(11)(d);
  709         2.Designates or implements an optional sector plan;
  710         3.Applies within an area of critical state concern or a
  711  coastal high-hazard area;
  712         4.Incorporates into a municipal comprehensive plan lands
  713  that have been annexed;
  714         5.Updates a comprehensive plan based on an evaluation and
  715  appraisal report;
  716         6.Implements statutory requirements that were not
  717  previously incorporated into the comprehensive plan;
  718         7.Changes the boundary of a jurisdiction’s urban service
  719  area as defined in s. 163.3164(29); or
  720         8.Implements new plans for a newly incorporated
  721  municipality. Plan amendments that propose a rural land
  722  stewardship area pursuant to s. 163.3177(11)(d); propose an
  723  optional sector plan; update a comprehensive plan based on an
  724  evaluation and appraisal report; implement new statutory
  725  requirements; or new plans for newly incorporated municipalities
  726  are subject to state review as set forth in s. 163.3184.
  727         (d) Alternative review Pilot program jurisdictions are
  728  shall be subject to the frequency and timing requirements for
  729  plan amendments set forth in ss. 163.3187 and 163.3191, except
  730  as where otherwise stated in this section.
  731         (e) The mediation and expedited hearing provisions in s.
  732  163.3189(3) apply to all plan amendments adopted by alternative
  733  review the pilot program jurisdictions.
  734         (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
  735  PILOT PROGRAM.—
  736         (a) The local government shall hold its first public
  737  hearing on a comprehensive plan amendment on a weekday at least
  738  7 days after the day the first advertisement is published
  739  pursuant to the requirements of chapter 125 or chapter 166. Upon
  740  an affirmative vote of not less than a majority of the members
  741  of the governing body present at the hearing, the local
  742  government shall immediately transmit the amendment or
  743  amendments and appropriate supporting data and analyses to the
  744  state land planning agency; the appropriate regional planning
  745  council and water management district; the Department of
  746  Environmental Protection; the Department of State; the
  747  Department of Transportation; in the case of municipal plans, to
  748  the appropriate county; the Fish and Wildlife Conservation
  749  Commission; the Department of Agriculture and Consumer Services;
  750  and in the case of amendments that include or impact the public
  751  school facilities element, the Office of Educational Facilities
  752  of the Commissioner of Education. The local governing body shall
  753  also transmit a copy of the amendments and supporting data and
  754  analyses to any other local government or governmental agency
  755  that has filed a written request with the governing body. The
  756  local government may request that the state land planning agency
  757  issue a report containing its objections, recommendations, and
  758  comments on the amendments and supporting data and analyses. A
  759  local government that makes such request must notify all of the
  760  agencies and local governments listed in this paragraph of the
  761  request.
  762         (b) The agencies and local governments specified in
  763  paragraph (a) may provide comments regarding the amendment or
  764  amendments to the local government. The regional planning
  765  council review and comment shall be limited to effects on
  766  regional resources or facilities identified in the strategic
  767  regional policy plan and extrajurisdictional impacts that would
  768  be inconsistent with the comprehensive plan of the affected
  769  local government. A regional planning council shall not review
  770  and comment on a proposed comprehensive plan amendment prepared
  771  by such council unless the plan amendment has been changed by
  772  the local government subsequent to the preparation of the plan
  773  amendment by the regional planning council. County comments on
  774  municipal comprehensive plan amendments shall be primarily in
  775  the context of the relationship and effect of the proposed plan
  776  amendments on the county plan. Municipal comments on county plan
  777  amendments shall be primarily in the context of the relationship
  778  and effect of the amendments on the municipal plan. State agency
  779  comments may include technical guidance on issues of agency
  780  jurisdiction as it relates to the requirements of this part.
  781  Such comments must shall clearly identify issues that, if not
  782  resolved, may result in a an agency challenge to the plan
  783  amendment from the state land planning agency. For the purposes
  784  of this pilot program, Agencies are encouraged to focus
  785  potential challenges on issues of regional or statewide
  786  importance. Agencies and local governments must transmit their
  787  comments to the affected local government, if issued, within 30
  788  days after such that they are received by the local government
  789  not later than thirty days from the date on which the state land
  790  planning agency notifies the affected local government that the
  791  plan amendment package is complete or government received the
  792  amendment or amendments. Any comments from the agencies and
  793  local governments must also be transmitted to the state land
  794  planning agency. If the local government requested a report from
  795  the state planning agency listing objections, recommendations,
  796  and comments, the state planning agency has 15 days after
  797  receiving all of the comments from the agencies and local
  798  governments to issue the report.
  799         (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR
  800  ALTERNATIVE REVIEW JURISDICTIONS PILOT AREAS.—
  801         (a) The local government shall hold its second public
  802  hearing, which shall be a hearing on whether to adopt one or
  803  more comprehensive plan amendments, on a weekday at least 5 days
  804  after the day the second advertisement is published pursuant to
  805  the requirements of chapter 125 or chapter 166. Adoption of
  806  comprehensive plan amendments must be by ordinance and requires
  807  an affirmative vote of a majority of the members of the
  808  governing body present at the second hearing. The hearing must
  809  be conducted and the amendment must be adopted, adopted with
  810  changes, or not adopted within 120 days after the agency
  811  comments are received pursuant to paragraph (4)(b). If a local
  812  government fails to adopt the plan amendment within the
  813  timeframe set forth in this paragraph, the plan amendment is
  814  deemed abandoned and the plan amendment may not be considered
  815  until the next available amendment cycle pursuant to s.
  816  163.3187.
  817         (b) All comprehensive plan amendments adopted by the
  818  governing body along with the supporting data and analysis shall
  819  be transmitted within 10 days of the second public hearing to
  820  the state land planning agency and any other agency or local
  821  government that provided timely comments under paragraph (4)(b).
  822         (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR
  823  ALTERNATIVE REVIEW JURISDICTIONS PILOT PROGRAM.—
  824         (a) Any “affected person” as defined in s. 163.3184(1)(a)
  825  may file a petition with the Division of Administrative Hearings
  826  pursuant to ss. 120.569 and 120.57, with a copy served on the
  827  affected local government, to request a formal hearing to
  828  challenge whether the amendments are “in compliance” as defined
  829  in s. 163.3184(1)(b). This petition must be filed with the
  830  Division within 30 days after the local government adopts the
  831  amendment. The state land planning agency may intervene in a
  832  proceeding instituted by an affected person.
  833         (b) The state land planning agency may file a petition with
  834  the Division of Administrative Hearings pursuant to ss. 120.569
  835  and 120.57, with a copy served on the affected local government,
  836  to request a formal hearing. This petition must be filed with
  837  the Division within 30 days after the state land planning agency
  838  notifies the local government that the plan amendment package is
  839  complete. For purposes of this section, an amendment shall be
  840  deemed complete if it contains a full, executed copy of the
  841  adoption ordinance or ordinances; in the case of a text
  842  amendment, a full copy of the amended language in legislative
  843  format with new words inserted in the text underlined, and words
  844  to be deleted lined through with hyphens; in the case of a
  845  future land use map amendment, a copy of the future land use map
  846  clearly depicting the parcel, its existing future land use
  847  designation, and its adopted designation; and a copy of any data
  848  and analyses the local government deems appropriate. The state
  849  land planning agency shall notify the local government of any
  850  deficiencies within 5 working days of receipt of an amendment
  851  package.
  852         (c) The state land planning agency’s challenge shall be
  853  limited to those issues raised in the comments provided by the
  854  reviewing agencies pursuant to paragraph (4)(b) or, if issued,
  855  the objections, recommendations, and comments report. The state
  856  land planning agency may challenge a plan amendment that has
  857  substantially changed from the version on which the agencies
  858  provided comments. For alternative review jurisdictions the
  859  purposes of this pilot program, the Legislature strongly
  860  encourages the state land planning agency to focus any challenge
  861  on issues of regional or statewide importance.
  862         (d) An administrative law judge shall hold a hearing in the
  863  affected local jurisdiction. The local government’s
  864  determination that the amendment is “in compliance” is presumed
  865  to be correct and shall be sustained unless it is shown by a
  866  preponderance of the evidence that the amendment is not “in
  867  compliance.”
  868         (e) If the administrative law judge recommends that the
  869  amendment be found not in compliance, the judge shall submit the
  870  recommended order to the Administration Commission for final
  871  agency action. The Administration Commission shall enter a final
  872  order within 45 days after its receipt of the recommended order.
  873         (f) If the administrative law judge recommends that the
  874  amendment be found in compliance, the judge shall submit the
  875  recommended order to the state land planning agency.
  876         1. If the state land planning agency determines that the
  877  plan amendment should be found not in compliance, the agency
  878  shall refer, within 30 days of receipt of the recommended order,
  879  the recommended order and its determination to the
  880  Administration Commission for final agency action. If the
  881  commission determines that the amendment is not in compliance,
  882  it may sanction the local government as set forth in s.
  883  163.3184(11).
  884         2. If the state land planning agency determines that the
  885  plan amendment should be found in compliance, the agency shall
  886  enter its final order not later than 30 days from receipt of the
  887  recommended order.
  888         (g) An amendment adopted under the expedited provisions of
  889  this section shall not become effective until the completion of
  890  the time period available to the state land planning agency for
  891  administrative challenge under paragraph (a) 31 days after
  892  adoption. If timely challenged, an amendment shall not become
  893  effective until the state land planning agency or the
  894  Administration Commission enters a final order determining that
  895  the adopted amendment is to be in compliance.
  896         (h) Parties to a proceeding under this section may enter
  897  into compliance agreements using the process in s. 163.3184(16).
  898  Any remedial amendment adopted pursuant to a settlement
  899  agreement shall be provided to the agencies and governments
  900  listed in paragraph (4)(a).
  901         (7) APPLICABILITY OF ALTERNATIVE REVIEW PILOT PROGRAM IN
  902  CERTAIN LOCAL GOVERNMENTS.—Local governments and specific areas
  903  that are have been designated for alternate review process
  904  pursuant to ss. 163.3246 and 163.3184(17) and (18) are not
  905  subject to this section.
  906         (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—The state land
  907  planning agency may adopt procedural Agencies shall not
  908  promulgate rules to administer implement this section pilot
  909  program.
  910         (9) REPORT.—The Office of Program Policy Analysis and
  911  Government Accountability shall submit to the Governor, the
  912  President of the Senate, and the Speaker of the House of
  913  Representatives by December 1, 2008, a report and
  914  recommendations for implementing a statewide program that
  915  addresses the legislative findings in subsection (1) in areas
  916  that meet urban criteria. The Office of Program Policy Analysis
  917  and Government Accountability in consultation with the state
  918  land planning agency shall develop the report and
  919  recommendations with input from other state and regional
  920  agencies, local governments, and interest groups. Additionally,
  921  the office shall review local and state actions and
  922  correspondence relating to the pilot program to identify issues
  923  of process and substance in recommending changes to the pilot
  924  program. At a minimum, the report and recommendations shall
  925  include the following:
  926         (a) Identification of local governments beyond those
  927  participating in the pilot program that should be subject to the
  928  alternative expedited state review process. The report may
  929  recommend that pilot program local governments may no longer be
  930  appropriate for such alternative review process.
  931         (b) Changes to the alternative expedited state review
  932  process for local comprehensive plan amendments identified in
  933  the pilot program.
  934         (c) Criteria for determining issues of regional or
  935  statewide importance that are to be protected in the alternative
  936  state review process.
  937         (d) In preparing the report and recommendations, the Office
  938  of Program Policy Analysis and Government Accountability shall
  939  consult with the state land planning agency, the Department of
  940  Transportation, the Department of Environmental Protection, and
  941  the regional planning agencies in identifying highly developed
  942  local governments to participate in the alternative expedited
  943  state review process. The Office of Program Policy Analysis and
  944  Governmental Accountability shall also solicit citizen input in
  945  the potentially affected areas and consult with the affected
  946  local governments and stakeholder groups.
  947         Section 9. Subsection (29) is added to section 380.06,
  948  Florida Statutes, to read:
  949         380.06 Developments of regional impact.—
  950         (29)EXEMPTIONS FOR DENSE URBAN LAND AREAS.–
  951         (a)The following are exempt from this section:
  952         1.Any proposed development in a municipality that
  953  qualifies as a dense urban land area as defined in s.
  954  163.3164(34);
  955         2.Any proposed development within a county that qualifies
  956  as a dense urban land area as defined in s. 163.3164(34) and
  957  that is located within an urban service area defined s.
  958  163.3164(29) which has been adopted into the comprehensive plan;
  959  or
  960         3.Any proposed development within a county, including the
  961  municipalities located therein, which has a population of at
  962  least 900,000, which qualifies as a dense urban land area under
  963  s. 163.3164(34), but which does not have an urban service area
  964  designated in the comprehensive plan.
  965         (b)If a municipality that does not qualify as a dense
  966  urban land area pursuant to s. 163.3164(34) designates any of
  967  the following areas in its comprehensive plan, any proposed
  968  development within the designated area is exempt from the
  969  development-of-regional-impact process:
  970         1.Urban infill as defined in s. 163.3164(27);
  971         2.Community redevelopment areas as defined in s.
  972  163.340(10);
  973         3.Downtown revitalization areas as defined in s.
  974  163.3164(25);
  975         4.Urban infill and redevelopment under s. 163.2517; or
  976         5.Urban service areas as defined in s. 163.3164(29) or
  977  areas within a designated urban service boundary under s.
  978  163.3177(14).
  979         (c)If a county that does not qualify as a dense urban land
  980  area pursuant to s. 163.3164(34) designates any of the following
  981  areas in its comprehensive plan, any proposed development within
  982  the designated area is exempt from the development-of-regional
  983  impact process:
  984         1.Urban infill as defined in s. 163.3164(27);
  985         2.Urban infill and redevelopment under s. 163.2517; or
  986         3.Urban service areas as defined in s. 163.3164(29).
  987         (d)A development that is located partially outside an area
  988  that is exempt from the development-of-regional-impact program
  989  must undergo development-of-regional-impact review pursuant to
  990  this section.
  991         (e)In an area that is exempt under paragraphs (a)-(c), any
  992  previously approved development-of-regional-impact development
  993  orders shall continue to be effective, but the developer has the
  994  option to be governed by s. 380.115(1). A pending application
  995  for development approval shall be governed by s. 380.115(2). A
  996  development that has a pending application for a comprehensive
  997  plan amendment and that elects not to continue development-of
  998  regional-impact review is exempt from the limitation on plan
  999  amendments set forth in s. 163.3187(1) for the year following
 1000  the effective date of the exemption.
 1001         (f)Local governments must submit by mail a development
 1002  order to the state land planning agency for projects that would
 1003  be larger than 120 percent of any applicable development-of
 1004  regional-impact threshold and would require development-of
 1005  regional-impact review but for the exemption from the program
 1006  under paragraph (a). For such development orders, the state land
 1007  planning agency may appeal the development order pursuant to s.
 1008  380.07 for inconsistency with the comprehensive plan adopted
 1009  under chapter 163.
 1010         (g)If a local government that qualifies as a dense urban
 1011  land area under this subsection is subsequently found to be
 1012  ineligible for designation as a dense urban land area, any
 1013  development located within that area which has a complete,
 1014  pending application for authorization to commence development
 1015  may maintain the exemption if the developer is continuing the
 1016  application process in good faith or the development is
 1017  approved.
 1018         (h)This subsection does not limit or modify the rights of
 1019  any person to complete any development that has been authorized
 1020  as a development of regional impact pursuant to this chapter.
 1021         (i)This subsection does not apply to areas:
 1022         1.Within the boundary of any area of critical state
 1023  concern designated pursuant to s. 380.05;
 1024         2.Within the boundary of the Wekiva Study Area as
 1025  described in s. 369.316; or
 1026         3.Within 2 miles of the boundary of the Everglades
 1027  Protection Area as described in s. 373.4592(2).
 1028         Section 10. Paragraph (d) of subsection (3) of section
 1029  163.31801, Florida Statutes, is amended to read:
 1030         163.31801 Impact fees; short title; intent; definitions;
 1031  ordinances levying impact fees.—
 1032         (3) An impact fee adopted by ordinance of a county or
 1033  municipality or by resolution of a special district must, at
 1034  minimum:
 1035         (d) Require that notice be provided no less than 90 days
 1036  before the effective date of an ordinance or resolution imposing
 1037  a new or increased amended impact fee. A county or municipality
 1038  is not required to wait 90 days to decrease, suspend, or
 1039  eliminate an impact fee.
 1040         Section 11. Section 171.091, Florida Statutes, is amended
 1041  to read:
 1042         171.091 Recording.—Any change in the municipal boundaries
 1043  through annexation or contraction shall revise the charter
 1044  boundary article and shall be filed as a revision of the charter
 1045  with the Department of State within 30 days. A copy of such
 1046  revision must be submitted to the Office of Economic and
 1047  Demographic Research along with a statement specifying the
 1048  population census effect and the affected land area.
 1049         Section 12. Section 186.509, Florida Statutes, is amended
 1050  to read:
 1051         186.509 Dispute resolution process.—Each regional planning
 1052  council shall establish by rule a dispute resolution process to
 1053  reconcile differences on planning and growth management issues
 1054  between local governments, regional agencies, and private
 1055  interests. The dispute resolution process shall, within a
 1056  reasonable set of timeframes, provide for: voluntary meetings
 1057  among the disputing parties; if those meetings fail to resolve
 1058  the dispute, initiation of mandatory voluntary mediation or a
 1059  similar process; if that process fails, initiation of
 1060  arbitration or administrative or judicial action, where
 1061  appropriate. The council shall not utilize the dispute
 1062  resolution process to address disputes involving environmental
 1063  permits or other regulatory matters unless requested to do so by
 1064  the parties. The resolution of any issue through the dispute
 1065  resolution process shall not alter any person’s right to a
 1066  judicial determination of any issue if that person is entitled
 1067  to such a determination under statutory or common law.
 1068         Section 13. The Legislature finds that this act fulfills an
 1069  important state interest.
 1070         Section 14. This act shall take effect upon becoming a law.
 1071  
 1072  ================= T I T L E  A M E N D M E N T ================
 1073         And the title is amended as follows:
 1074         Delete everything before the enacting clause
 1075  and insert:
 1076                        A bill to be entitled                      
 1077         An act relating to growth management; providing a
 1078         short title; amending s. 163.3164, F.S.; revising
 1079         definitions; providing a definition for the term
 1080         “dense urban land area”; amending s. 163.3177, F.S.;
 1081         extending dates relating to requirements for adopting
 1082         amendments to the capital improvements element of a
 1083         local comprehensive plan; deleting a penalty for local
 1084         governments that fail to adopt a public school
 1085         facilities element and interlocal agreement;
 1086         authorizing the state land planning agency to issue a
 1087         notice to a school board or local government to show
 1088         cause for not imposing sanctions; requiring that the
 1089         state land planning agency submit its findings to the
 1090         Administration Commission within the Executive Office
 1091         of the Governor if the agency finds insufficient cause
 1092         to impose sanctions; authorizing the Administration
 1093         Commission to impose certain sanctions; amending s.
 1094         163.3180, F.S.; revising concurrency requirements;
 1095         providing legislative findings relating to
 1096         transportation concurrency exception areas; providing
 1097         for the applicability of transportation concurrency
 1098         exception areas; deleting certain requirements for
 1099         transportation concurrency exception areas; providing
 1100         that the designation of a transportation concurrency
 1101         exception area does not limit a local government’s
 1102         home rule power to adopt ordinances or impose fees and
 1103         does not affect any contract or agreement entered into
 1104         or development order rendered before such designation;
 1105         requiring the Office of Program Policy Analysis and
 1106         Government Accountability to submit a report to the
 1107         Legislature concerning the effects of the
 1108         transportation concurrency exception areas; providing
 1109         for an exemption from level-of-service standards for
 1110         proposed development related to qualified job-creation
 1111         projects; amending s. 163.3184, F.S.; clarifying the
 1112         definition of the term “in compliance”; conforming
 1113         cross-references; amending s. 163.3187, F.S.;
 1114         exempting certain additional comprehensive plan
 1115         amendments from the twice-per-year limitation;
 1116         limiting the adoption of certain amendments to the
 1117         text of a plan to once per calendar year; amending s.
 1118         163.3246, F.S.; conforming a cross-reference; amending
 1119         s. 163.32465, F.S.; revising provisions relating to
 1120         the state review of comprehensive plans; providing for
 1121         additional types of amendments to which the alternate
 1122         state review applies; requiring that agencies submit
 1123         comments within a specified period after the state
 1124         land planning agency notifies the local government
 1125         that the plan amendment package is complete; requiring
 1126         that the local government adopt a plan amendment
 1127         within a specified period after comments are received;
 1128         requiring that the state land planning agency adopt
 1129         rules; deleting provisions relating to reporting
 1130         requirements for the Office of Program Policy Analysis
 1131         and Government Accountability; amending s. 380.06,
 1132         F.S.; providing exemptions for dense urban land areas
 1133         from the development-of-regional-impact program;
 1134         providing exceptions; amending s. 163.31801, F.S.;
 1135         revising provisions relating to impact fees; providing
 1136         that notice is not required if an impact fee is
 1137         decreased, suspended, or eliminated; amending s.
 1138         171.091, F.S.; requiring that a municipality submit a
 1139         copy of any revision to the charter boundary article
 1140         which results from an annexation or contraction to the
 1141         Office of Economic and Demographic Research within the
 1142         Legislature; amending s. 186.509, F.S.; revising
 1143         provisions relating to a dispute resolution process to
 1144         reconcile differences on planning and growth
 1145         management issues between certain parties of interest;
 1146         providing for mandatory mediation; providing that the
 1147         act fulfills an important state interest; providing an
 1148         effective date.