Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 360
       
       
       
       
       
                                Barcode 954204                          
       
       578-01996C-09                                                   
       Proposed Committee Substitute by the Committee on Community
       Affairs
    1                        A bill to be entitled                      
    2         An act relating to growth management; providing a
    3         short title; amending s. 163.3164, F.S.; providing a
    4         definition for the term “dense urban land area”;
    5         amending s. 163.3177, F.S.; extending dates relating
    6         to requirements for adopting amendments to the capital
    7         improvements element of a local comprehensive plan;
    8         deleting a penalty for local governments that fail to
    9         adopt a public school facilities element and
   10         interlocal agreement; amending s. 163.3180, F.S.;
   11         revising concurrency requirements; providing
   12         legislative findings relating to transportation
   13         concurrency exception areas; providing for the
   14         applicability of transportation concurrency exception
   15         areas; deleting certain requirements for
   16         transportation concurrency exception areas; amending
   17         s. 163.3184, F.S.; clarifying the definition of the
   18         term “in compliance”; conforming cross-references;
   19         amending s. 163.3187, F.S.; limiting the adoption of
   20         certain plan amendments to once per calendar year;
   21         amending s. 163.3246, F.S.; conforming a cross
   22         reference; amending s. 163.32465, F.S.; revising
   23         provisions relating to the state review of
   24         comprehensive plans; providing for additional types of
   25         amendments to which the alternate state review
   26         applies; requiring that agencies submit comments
   27         within a specified period after the state land
   28         planning agency notifies the local government that the
   29         plan amendment package is complete; requiring that the
   30         local government adopt a plan amendment within a
   31         specified period after comments are received;
   32         requiring that the state land planning agency adopt
   33         rules; deleting provisions relating to reporting
   34         requirements for the Office of Program Policy Analysis
   35         and Government Accountability; amending s. 380.06,
   36         F.S.; providing exemptions for dense urban land areas
   37         from the development-of-regional-impact program;
   38         amending s. 163.31801, F.S.; revising provisions
   39         relating to impact fees; providing that notice is not
   40         required if an impact fee is decreased, suspended, or
   41         eliminated; providing an effective date.
   42         
   43  Be It Enacted by the Legislature of the State of Florida:
   44         
   45         Section 1. This act may be cited as the “Community Renewal
   46  Act.”
   47         Section 2. Subsections (5) through (33) of section
   48  163.3164, Florida Statutes, are redesignated as subsections (6)
   49  through (34), respectively, and a new subsection (5) is added to
   50  that section, to read:
   51         163.3164 Local Government Comprehensive Planning and Land
   52  Development Regulation Act; definitions.—As used in this act:
   53         (5)“Dense urban land area” means a local government having
   54  an average of at least 1,000 people per square mile of land area
   55  according to the most recent land area data from the decennial
   56  census conducted by the Bureau of the Census of the United
   57  States Department of Commerce and the latest available
   58  population estimates from the Office of Economic and Demographic
   59  Research, or a county, including the municipalities located
   60  therein, which has a population of at least 1 million. A local
   61  government that has had an annexation, contraction, or new
   62  incorporation since the last biennial census may not use land
   63  estimates from the census but must provide the state land
   64  planning agency with the verifiable land area data as defined by
   65  rules adopted by the state land planning agency. Such rules must
   66  include certification from the Office of Economic and
   67  Demographic Research which demonstrates that the new
   68  jurisdictional boundaries have been properly recorded in
   69  accordance with ss. 171.091 and 186.901. The state land planning
   70  agency shall annually publish a notice identifying the local
   71  governments that qualify under this definition in the Florida
   72  Administrative Weekly.
   73         Section 3. Paragraph (b) of subsection (3) and paragraphs
   74  (j) and (k) of subsection (12) of section 163.3177, Florida
   75  Statutes, are amended to read:
   76         163.3177 Required and optional elements of comprehensive
   77  plan; studies and surveys.—
   78         (3)
   79         (b)1. The capital improvements element must be reviewed on
   80  an annual basis and modified as necessary in accordance with s.
   81  163.3187 or s. 163.3189 in order to maintain a financially
   82  feasible 5-year schedule of capital improvements. Corrections
   83  and modifications concerning costs; revenue sources; or
   84  acceptance of facilities pursuant to dedications which are
   85  consistent with the plan may be accomplished by ordinance and
   86  shall not be deemed to be amendments to the local comprehensive
   87  plan. A copy of the ordinance shall be transmitted to the state
   88  land planning agency. An amendment to the comprehensive plan is
   89  required to update the schedule on an annual basis or to
   90  eliminate, defer, or delay the construction for any facility
   91  listed in the 5-year schedule. All public facilities must be
   92  consistent with the capital improvements element. Amendments to
   93  implement this section must be adopted and transmitted no later
   94  than December 1, 2011, and transmitted to the state land
   95  planning agency December 1, 2008. Thereafter, a local government
   96  may not amend its future land use map, except for plan
   97  amendments to meet new requirements under this part and
   98  emergency amendments pursuant to s. 163.3187(1)(a), after
   99  December 1, 2011 December 1, 2008, and every year thereafter,
  100  unless and until the local government has adopted the annual
  101  update and it has been transmitted to the state land planning
  102  agency.
  103         2. Capital improvements element amendments adopted after
  104  the effective date of this act shall require only a single
  105  public hearing before the governing board which shall be an
  106  adoption hearing as described in s. 163.3184(7). Such amendments
  107  are not subject to the requirements of s. 163.3184(3)-(6).
  108         (12) A public school facilities element adopted to
  109  implement a school concurrency program shall meet the
  110  requirements of this subsection. Each county and each
  111  municipality within the county, unless exempt or subject to a
  112  waiver, must adopt a public school facilities element that is
  113  consistent with those adopted by the other local governments
  114  within the county and enter the interlocal agreement pursuant to
  115  s. 163.31777.
  116         (j) Failure to adopt the public school facilities element,
  117  to enter into an approved interlocal agreement as required by
  118  subparagraph (6)(h)2. and s. 163.31777, or to amend the
  119  comprehensive plan as necessary to implement school concurrency,
  120  according to the phased schedule, shall result in a local
  121  government being prohibited from adopting amendments to the
  122  comprehensive plan which increase residential density until the
  123  necessary amendments have been adopted and transmitted to the
  124  state land planning agency.
  125         (j)(k) The state land planning agency may issue the school
  126  board a notice to the school board to show cause why sanctions
  127  should not be enforced for failure to enter into an approved
  128  interlocal agreement as required by s. 163.31777 or for failure
  129  to implement the provisions of this act relating to public
  130  school concurrency. The school board may be subject to sanctions
  131  imposed by the Administration Commission directing the
  132  Department of Education to withhold from the district school
  133  board an equivalent amount of funds for school construction
  134  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
  135  1013.72.
  136         Section 4. Paragraph (c) of subsection (4) and subsections
  137  (5) and (10) of section 163.3180, Florida Statutes, are amended
  138  to read:
  139         163.3180 Concurrency.—
  140         (4)
  141         (c) The concurrency requirement, except as it relates to
  142  transportation facilities and public schools, as implemented in
  143  local government comprehensive plans, may be waived by a local
  144  government for urban infill and redevelopment areas designated
  145  pursuant to s. 163.2517 if such a waiver does not endanger
  146  public health or safety as defined by the local government in
  147  its local government comprehensive plan. The waiver shall be
  148  adopted as a plan amendment pursuant to the process set forth in
  149  s. 163.3187(4)(a) s. 163.3187(3)(a). A local government may
  150  grant a concurrency exception pursuant to subsection (5) for
  151  transportation facilities located within these urban infill and
  152  redevelopment areas.
  153         (5)
  154         (a) Countervailing planning and public policy goals.The
  155  Legislature finds that under limited circumstances dealing with
  156  transportation facilities, countervailing planning and public
  157  policy goals may come into conflict with the requirement that
  158  adequate public transportation facilities and services be
  159  available concurrent with the impacts of such development. The
  160  Legislature further finds that often the unintended result of
  161  the concurrency requirement for transportation facilities is
  162  often the discouragement of urban infill development and
  163  redevelopment. Such unintended results directly conflict with
  164  the goals and policies of the state comprehensive plan and the
  165  intent of this part. The Legislature also finds that in urban
  166  centers transportation cannot be effectively managed and
  167  mobility cannot be improved solely through the expansion of
  168  roadway capacity, that the expansion of roadway capacity is not
  169  always physically or financially possible, and that a range of
  170  transportation alternatives are essential to satisfy mobility
  171  needs, reduce congestion, and achieve healthy, vibrant centers.
  172  Therefore, exceptions from the concurrency requirement for
  173  transportation facilities may be granted as provided by this
  174  subsection.
  175         (b) Geographic applicability of transportation concurrency
  176  exception areas.—
  177         1.Transportation concurrency exception areas are created
  178  for local governments that qualify as dense urban land area as
  179  defined in s. 163.3164(5). A local government must adopt into
  180  its comprehensive plan land use and transportation strategies to
  181  support and fund mobility within the designated exception area,
  182  including alternative modes of transportation, within 2 years
  183  after being designated as a dense urban land area.
  184         2.Local governments that do not qualify as dense urban
  185  land area as defined in s. 163.3164(5) A local government may
  186  grant an exception from the concurrency requirement for
  187  transportation facilities if the proposed development is
  188  otherwise consistent with the adopted local government
  189  comprehensive plan and is a project that promotes public
  190  transportation or is located within an area designated in the
  191  comprehensive plan for:
  192         a.1. Urban infill development;
  193         b.2. Urban redevelopment;
  194         c.3. Downtown revitalization;
  195         d.4. Urban infill and redevelopment under s. 163.2517; or
  196         e.5. An urban service area specifically designated as a
  197  transportation concurrency exception area which includes lands
  198  appropriate for compact, contiguous urban development, which
  199  does not exceed the amount of land needed to accommodate the
  200  projected population growth at densities consistent with the
  201  adopted comprehensive plan within the 10-year planning period,
  202  and which is served or is planned to be served with public
  203  facilities and services as provided by the capital improvements
  204  element.
  205         (c) Projects having special part-time demand.The
  206  Legislature also finds that developments located within urban
  207  infill, urban redevelopment, existing urban service, or downtown
  208  revitalization areas or areas designated as urban infill and
  209  redevelopment areas under s. 163.2517, which pose only special
  210  part-time demands on the transportation system, are exempt
  211  should be excepted from the concurrency requirement for
  212  transportation facilities. A special part-time demand is one
  213  that does not have more than 200 scheduled events during any
  214  calendar year and does not affect the 100 highest traffic volume
  215  hours.
  216         (d) Long-term strategies within transportation concurrency
  217  exception areas.—Except for transportation concurrency exception
  218  areas established pursuant to subparagraph (b)1., the following
  219  requirements apply: A local government shall establish
  220  guidelines in the comprehensive plan for granting the exceptions
  221  authorized in paragraphs (b) and (c) and subsections (7) and
  222  (15) which must be consistent with and support a comprehensive
  223  strategy adopted in the plan to promote the purpose of the
  224  exceptions.
  225         1.(e) The local government shall both adopt into the
  226  comprehensive plan and implement long-term strategies to support
  227  and fund mobility within the designated exception area,
  228  including alternative modes of transportation. The plan
  229  amendment must also demonstrate how strategies will support the
  230  purpose of the exception and how mobility within the designated
  231  exception area will be provided.
  232         2.In addition, The strategies must address urban design;
  233  appropriate land use mixes, including intensity and density; and
  234  network connectivity plans needed to promote urban infill,
  235  redevelopment, or downtown revitalization. The comprehensive
  236  plan amendment designating the concurrency exception area must
  237  be accompanied by data and analysis justifying the size of the
  238  area.
  239         (e)(f)Strategic Intermodal System.—Before designating
  240  Prior to the designation of a concurrency exception area
  241  pursuant to subparagraph (b)2., the state land planning agency
  242  and the Department of Transportation shall be consulted by the
  243  local government to assess the impact that the proposed
  244  exception area is expected to have on the adopted level-of
  245  service standards established for Strategic Intermodal System
  246  facilities, as defined in s. 339.64, and roadway facilities
  247  funded in accordance with s. 339.2819 and to provide for the
  248  mitigation of impacts. Further, the local government shall
  249  provide for the mitigation of, in consultation with the state
  250  land planning agency and the Department of Transportation,
  251  develop a plan to mitigate any impacts to the Strategic
  252  Intermodal System, including, if appropriate, access management,
  253  parallel reliever roads, transportation demand management, and
  254  other measures the development of a long-term concurrency
  255  management system pursuant to subsection (9) and s.
  256  163.3177(3)(d). The exceptions may be available only within the
  257  specific geographic area of the jurisdiction designated in the
  258  plan. Pursuant to s. 163.3184, any affected person may challenge
  259  a plan amendment establishing these guidelines and the areas
  260  within which an exception could be granted.
  261         (g) Transportation concurrency exception areas existing
  262  prior to July 1, 2005, must, at a minimum, meet the provisions
  263  of this section by July 1, 2006, or at the time of the
  264  comprehensive plan update pursuant to the evaluation and
  265  appraisal report, whichever occurs last.
  266         (10) With regard to roadway facilities on the Strategic
  267  Intermodal System designated in accordance with s. 339.63 ss.
  268  339.61, 339.62, 339.63, and 339.64, the Florida Intrastate
  269  Highway System as defined in s. 338.001, and roadway facilities
  270  funded in accordance with s. 339.2819, local governments shall
  271  adopt the level-of-service standard established by the
  272  Department of Transportation by rule. However, if the Office of
  273  Tourism, Trade, and Economic Development concurs in writing with
  274  the local government that the proposed development is for a
  275  qualified job creation project under s. 288.0656 or s. 403.973,
  276  the affected local government, after consulting with the
  277  Department of Transportation, may allow for a waiver of
  278  transportation concurrency for the project. For all other roads
  279  on the State Highway System, local governments shall establish
  280  an adequate level-of-service standard that need not be
  281  consistent with any level-of-service standard established by the
  282  Department of Transportation. In establishing adequate level-of
  283  service standards for any arterial roads, or collector roads as
  284  appropriate, which traverse multiple jurisdictions, local
  285  governments shall consider compatibility with the roadway
  286  facility's adopted level-of-service standards in adjacent
  287  jurisdictions. Each local government within a county shall use a
  288  professionally accepted methodology for measuring impacts on
  289  transportation facilities for the purposes of implementing its
  290  concurrency management system. Counties are encouraged to
  291  coordinate with adjacent counties, and local governments within
  292  a county are encouraged to coordinate, for the purpose of using
  293  common methodologies for measuring impacts on transportation
  294  facilities for the purpose of implementing their concurrency
  295  management systems.
  296         Section 5. Paragraph (b) of subsection (1), paragraph (b)
  297  of subsection (8), and subsections (17) and (18) of section
  298  163.3184, Florida Statutes, are amended to read:
  299         163.3184 Process for adoption of comprehensive plan or plan
  300  amendment.—
  301         (1) DEFINITIONS.—As used in this section, the term:
  302         (b) “In compliance” means consistent with the requirements
  303  of ss. 163.3177, when a local government adopts an educational
  304  facilities element, 163.3178, 163.3180, 163.3191, and 163.3245,
  305  with the state comprehensive plan, with the appropriate
  306  strategic regional policy plan, and with chapter 9J-5, Florida
  307  Administrative Code, where such rule is not inconsistent with
  308  this part and with the principles for guiding development in
  309  designated areas of critical state concern and with part III of
  310  chapter 369, where applicable.
  311         (8) NOTICE OF INTENT.—
  312         (b) Except as provided in paragraph (a) or in s.
  313  163.3187(4) s. 163.3187(3), the state land planning agency, upon
  314  receipt of a local government's complete adopted comprehensive
  315  plan or plan amendment, shall have 45 days for review and to
  316  determine if the plan or plan amendment is in compliance with
  317  this act, unless the amendment is the result of a compliance
  318  agreement entered into under subsection (16), in which case the
  319  time period for review and determination shall be 30 days. If
  320  review was not conducted under subsection (6), the agency's
  321  determination must be based upon the plan amendment as adopted.
  322  If review was conducted under subsection (6), the agency's
  323  determination of compliance must be based only upon one or both
  324  of the following:
  325         1. The state land planning agency's written comments to the
  326  local government pursuant to subsection (6); or
  327         2. Any changes made by the local government to the
  328  comprehensive plan or plan amendment as adopted.
  329         (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
  330  local government that has adopted a community vision and urban
  331  service boundary under s. 163.3177(13) and (14) may adopt a plan
  332  amendment related to map amendments solely to property within an
  333  urban service boundary in the manner described in subsections
  334  (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
  335  and e., 2., and 3., such that state and regional agency review
  336  is eliminated. The department may not issue an objections,
  337  recommendations, and comments report on proposed plan amendments
  338  or a notice of intent on adopted plan amendments; however,
  339  affected persons, as defined by paragraph (1)(a), may file a
  340  petition for administrative review pursuant to the requirements
  341  of s. 163.3187(4)(a) s. 163.3187(3)(a) to challenge the
  342  compliance of an adopted plan amendment. This subsection does
  343  not apply to any amendment within an area of critical state
  344  concern, to any amendment that increases residential densities
  345  allowable in high-hazard coastal areas as defined in s.
  346  163.3178(2)(h), or to a text change to the goals, policies, or
  347  objectives of the local government's comprehensive plan.
  348  Amendments submitted under this subsection are exempt from the
  349  limitation on the frequency of plan amendments in s. 163.3187.
  350         (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
  351  municipality that has a designated urban infill and
  352  redevelopment area under s. 163.2517 may adopt a plan amendment
  353  related to map amendments solely to property within a designated
  354  urban infill and redevelopment area in the manner described in
  355  subsections (1), (2), (7), (14), (15), and (16) and s.
  356  163.3187(1)(c)1.d. and e., 2., and 3., such that state and
  357  regional agency review is eliminated. The department may not
  358  issue an objections, recommendations, and comments report on
  359  proposed plan amendments or a notice of intent on adopted plan
  360  amendments; however, affected persons, as defined by paragraph
  361  (1)(a), may file a petition for administrative review pursuant
  362  to the requirements of s. 163.3187(4)(a) s. 163.3187(3)(a) to
  363  challenge the compliance of an adopted plan amendment. This
  364  subsection does not apply to any amendment within an area of
  365  critical state concern, to any amendment that increases
  366  residential densities allowable in high-hazard coastal areas as
  367  defined in s. 163.3178(2)(h), or to a text change to the goals,
  368  policies, or objectives of the local government's comprehensive
  369  plan. Amendments submitted under this subsection are exempt from
  370  the limitation on the frequency of plan amendments in s.
  371  163.3187.
  372         Section 6. Paragraphs (b) and (f) of subsection (1) of
  373  section 163.3187, Florida Statutes, is amended, present
  374  subsections (2) through (6) of that section are redesignated as
  375  subsections (3) through (7), respectively, and a new subsection
  376  (2) is added to that section, to read:
  377         163.3187 Amendment of adopted comprehensive plan.—
  378         (1) Amendments to comprehensive plans adopted pursuant to
  379  this part may be made not more than two times during any
  380  calendar year, except:
  381         (b) Any local government comprehensive plan amendments
  382  directly related to a proposed development of regional impact,
  383  including changes which have been determined to be substantial
  384  deviations and including Florida Quality Developments pursuant
  385  to s. 380.061, may be initiated by a local planning agency and
  386  considered by the local governing body at the same time as the
  387  application for development approval using the procedures
  388  provided for local plan amendment in this section and applicable
  389  local ordinances, without regard to statutory or local ordinance
  390  limits on the frequency of consideration of amendments to the
  391  local comprehensive plan. Nothing in this subsection shall be
  392  deemed to require favorable consideration of a plan amendment
  393  solely because it is related to a development of regional
  394  impact.
  395         (f) Any comprehensive plan amendment that changes the
  396  schedule in The capital improvements element annual update
  397  required in s. 163.3177(3)(b)2., and any amendments directly
  398  related to the schedule, may be made once in a calendar year on
  399  a date different from the two times provided in this subsection
  400  when necessary to coincide with the adoption of the local
  401  government's budget and capital improvements program.
  402         (2)Other than the exceptions listed in subsection (1),
  403  text amendments to the goals, objectives, or policies of the
  404  local government's comprehensive plan may be adopted only once a
  405  year.
  406         Section 7. Paragraph (a) of subsection (9) of section
  407  163.3246, Florida Statutes, is amended to read:
  408         163.3246 Local government comprehensive planning
  409  certification program.—
  410         (9)(a) Upon certification all comprehensive plan amendments
  411  associated with the area certified must be adopted and reviewed
  412  in the manner described in ss. 163.3184(1), (2), (7), (14),
  413  (15), and (16) and 163.3187, such that state and regional agency
  414  review is eliminated. The department may not issue any
  415  objections, recommendations, and comments report on proposed
  416  plan amendments or a notice of intent on adopted plan
  417  amendments; however, affected persons, as defined by s.
  418  163.3184(1)(a), may file a petition for administrative review
  419  pursuant to the requirements of s. 163.3187(4)(a) s.
  420  163.3187(3)(a) to challenge the compliance of an adopted plan
  421  amendment.
  422         Section 8. Section 163.32465, Florida Statutes, is amended
  423  to read:
  424         163.32465 State review of local comprehensive plans in
  425  urban areas.—
  426         (1) LEGISLATIVE FINDINGS.—
  427         (a) The Legislature finds that local governments in this
  428  state have a wide diversity of resources, conditions, abilities,
  429  and needs. The Legislature also finds that the needs and
  430  resources of urban areas are different from those of rural areas
  431  and that different planning and growth management approaches,
  432  strategies, and techniques are required in urban areas. The
  433  state role in overseeing growth management should reflect this
  434  diversity and should vary based on local government conditions,
  435  capabilities, needs, and the extent and type of development.
  436  Therefore Thus, the Legislature recognizes and finds that
  437  reduced state oversight of local comprehensive planning is
  438  justified for some local governments in urban areas and for
  439  certain types of development.
  440         (b) The Legislature finds and declares that this state's
  441  urban areas require a reduced level of state oversight because
  442  of their high degree of urbanization and the planning
  443  capabilities and resources of many of their local governments.
  444  An alternative state review process that is adequate to protect
  445  issues of regional or statewide importance should be created for
  446  appropriate local governments in these areas and for certain
  447  types of development. Further, the Legislature finds that
  448  development, including urban infill and redevelopment, should be
  449  encouraged in these urban areas. The Legislature finds that an
  450  alternative process for amending local comprehensive plans in
  451  these areas should be established with an objective of
  452  streamlining the process and recognizing local responsibility
  453  and accountability.
  454         (c) The Legislature finds a pilot program will be
  455  beneficial in evaluating an alternative, expedited plan
  456  amendment adoption and review process. Pilot local governments
  457  shall represent highly developed counties and the municipalities
  458  within these counties and highly populated municipalities.
  459         (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.—The
  460  alternative state review process provided in this section
  461  applies to: Pinellas and Broward Counties, and the
  462  municipalities within these counties, and Jacksonville, Miami,
  463  Tampa, and Hialeah shall follow an alternative state review
  464  process provided in this section. Municipalities within the
  465  pilot counties may elect, by super majority vote of the
  466  governing body, not to participate in the pilot program.
  467         (a)Future land use map amendments within local governments
  468  that qualify as a dense urban land area as defined in s.
  469  163.3164(5); and
  470         (b)Future land use map amendments within an area
  471  designated by the Governor as a rural area of critical economic
  472  concern under s. 288.0656(7) for the duration of such
  473  designation. Before the adoption of such an amendment, the local
  474  government must obtain the agreement of the Office of Tourism,
  475  Trade, and Economic Development in writing stating that the plan
  476  amendment for the project furthers the economic objectives set
  477  forth in s. 288.0656(7).
  478         (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
  479  UNDER THE PILOT PROGRAM.—
  480         (a) Plan amendments adopted under this section by the pilot
  481  program jurisdictions shall follow the alternate, expedited
  482  process in subsections (4) and (5), except as set forth in
  483  paragraphs (b)-(e) of this subsection.
  484         (b) Amendments that qualify as small-scale development
  485  amendments may continue to be adopted in by the pilot program
  486  jurisdictions that use the alternative review process pursuant
  487  to s. 163.3187(1)(c) and (4)(3).
  488         (c) Plan amendments that propose a rural land stewardship
  489  area pursuant to s. 163.3177(11)(d); propose an optional sector
  490  plan; propose map amendments in areas of critical state concern
  491  or coastal high-hazard areas; include recently annexed areas
  492  within a municipality; update a comprehensive plan based on an
  493  evaluation and appraisal report; implement new statutory
  494  requirements that were not previously incorporated into a
  495  comprehensive plan; or new plans for newly incorporated
  496  municipalities are subject to state review as set forth in s.
  497  163.3184.
  498         (d) Alternative review Pilot program jurisdictions are
  499  shall be subject to the frequency and timing requirements for
  500  plan amendments set forth in ss. 163.3187 and 163.3191, except
  501  as where otherwise stated in this section.
  502         (e) The mediation and expedited hearing provisions in s.
  503  163.3189(3) apply to all plan amendments adopted by alternative
  504  review the pilot program jurisdictions.
  505         (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
  506  PILOT PROGRAM.—
  507         (a) The local government shall hold its first public
  508  hearing on a comprehensive plan amendment on a weekday at least
  509  7 days after the day the first advertisement is published
  510  pursuant to the requirements of chapter 125 or chapter 166. Upon
  511  an affirmative vote of not less than a majority of the members
  512  of the governing body present at the hearing, the local
  513  government shall immediately transmit the amendment or
  514  amendments and appropriate supporting data and analyses to the
  515  state land planning agency; the appropriate regional planning
  516  council and water management district; the Department of
  517  Environmental Protection; the Department of State; the
  518  Department of Transportation; in the case of municipal plans, to
  519  the appropriate county; the Fish and Wildlife Conservation
  520  Commission; the Department of Agriculture and Consumer Services;
  521  and in the case of amendments that include or impact the public
  522  school facilities element, the Office of Educational Facilities
  523  of the Commissioner of Education. The local governing body shall
  524  also transmit a copy of the amendments and supporting data and
  525  analyses to any other local government or governmental agency
  526  that has filed a written request with the governing body. In
  527  addition, the local government may request that the state land
  528  planning agency issue a report containing its objections,
  529  recommendations, or comments on the amendments and supporting
  530  data and analyses. A local government that makes such request
  531  must notify all of the agencies and local governments listed in
  532  this paragraph of the request.
  533         (b) The agencies and local governments specified in
  534  paragraph (a) may provide comments regarding the amendment or
  535  amendments to the local government. The regional planning
  536  council review and comment shall be limited to effects on
  537  regional resources or facilities identified in the strategic
  538  regional policy plan and extrajurisdictional impacts that would
  539  be inconsistent with the comprehensive plan of the affected
  540  local government. A regional planning council shall not review
  541  and comment on a proposed comprehensive plan amendment prepared
  542  by such council unless the plan amendment has been changed by
  543  the local government subsequent to the preparation of the plan
  544  amendment by the regional planning council. County comments on
  545  municipal comprehensive plan amendments shall be primarily in
  546  the context of the relationship and effect of the proposed plan
  547  amendments on the county plan. Municipal comments on county plan
  548  amendments shall be primarily in the context of the relationship
  549  and effect of the amendments on the municipal plan. State agency
  550  comments may include technical guidance on issues of agency
  551  jurisdiction as it relates to the requirements of this part.
  552  Such comments must shall clearly identify issues that, if not
  553  resolved, may result in a an agency challenge to the plan
  554  amendment from the state land planning agency. For the purposes
  555  of this pilot program, Agencies are encouraged to focus
  556  potential challenges on issues of regional or statewide
  557  importance. Agencies and local governments must transmit their
  558  comments to the affected local government, if issued, within 30
  559  days after such that they are received by the local government
  560  not later than thirty days from the date on which the state land
  561  planning agency notifies the affected local government that the
  562  plan amendment package is complete or government received the
  563  amendment or amendments. Any comments from the agencies and
  564  local governments must also be transmitted to the state land
  565  planning agency. If the local government requested a report from
  566  the state planning agency listing objections, recommendations,
  567  and comments, the state planning agency has 15 days after
  568  receiving all of the comments from the agencies and local
  569  governments to issue the report.
  570         (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR
  571  ALTERNATIVE REVIEW JURISDICTIONS PILOT AREAS.—
  572         (a) The local government shall hold its second public
  573  hearing, which shall be a hearing on whether to adopt one or
  574  more comprehensive plan amendments, on a weekday at least 5 days
  575  after the day the second advertisement is published pursuant to
  576  the requirements of chapter 125 or chapter 166. Adoption of
  577  comprehensive plan amendments must be by ordinance and requires
  578  an affirmative vote of a majority of the members of the
  579  governing body present at the second hearing. The hearing must
  580  be conducted and the amendment must be adopted, adopted with
  581  changes, or not adopted within 120 days after the agency
  582  comments are received pursuant to paragraph (4)(b). If a local
  583  government fails to adopt the plan amendment within the
  584  timeframe set forth in this paragraph, the plan amendment is
  585  deemed abandoned and the plan amendment may not be considered
  586  until the next available amendment cycle pursuant to s.
  587  163.3187.
  588         (b) All comprehensive plan amendments adopted by the
  589  governing body along with the supporting data and analysis shall
  590  be transmitted within 10 days of the second public hearing to
  591  the state land planning agency and any other agency or local
  592  government that provided timely comments under paragraph (4)(b).
  593         (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR
  594  ALTERNATIVE REVIEW JURISDICTIONS PILOT PROGRAM.—
  595         (a) Any “affected person” as defined in s. 163.3184(1)(a)
  596  may file a petition with the Division of Administrative Hearings
  597  pursuant to ss. 120.569 and 120.57, with a copy served on the
  598  affected local government, to request a formal hearing to
  599  challenge whether the amendments are “in compliance” as defined
  600  in s. 163.3184(1)(b). This petition must be filed with the
  601  Division within 30 days after the local government adopts the
  602  amendment. The state land planning agency may intervene in a
  603  proceeding instituted by an affected person.
  604         (b) The state land planning agency may file a petition with
  605  the Division of Administrative Hearings pursuant to ss. 120.569
  606  and 120.57, with a copy served on the affected local government,
  607  to request a formal hearing. This petition must be filed with
  608  the Division within 30 days after the state land planning agency
  609  notifies the local government that the plan amendment package is
  610  complete. For purposes of this section, an amendment shall be
  611  deemed complete if it contains a full, executed copy of the
  612  adoption ordinance or ordinances; in the case of a text
  613  amendment, a full copy of the amended language in legislative
  614  format with new words inserted in the text underlined, and words
  615  to be deleted lined through with hyphens; in the case of a
  616  future land use map amendment, a copy of the future land use map
  617  clearly depicting the parcel, its existing future land use
  618  designation, and its adopted designation; and a copy of any data
  619  and analyses the local government deems appropriate. The state
  620  land planning agency shall notify the local government of any
  621  deficiencies within 5 working days of receipt of an amendment
  622  package.
  623         (c) The state land planning agency's challenge shall be
  624  limited to those issues raised in the comments provided by the
  625  reviewing agencies pursuant to paragraph (4)(b). The state land
  626  planning agency may challenge a plan amendment that has
  627  substantially changed from the version on which the agencies
  628  provided comments. For alternative review jurisdictions the
  629  purposes of this pilot program, the Legislature strongly
  630  encourages the state land planning agency to focus any challenge
  631  on issues of regional or statewide importance.
  632         (d) An administrative law judge shall hold a hearing in the
  633  affected local jurisdiction. The local government's
  634  determination that the amendment is “in compliance” is presumed
  635  to be correct and shall be sustained unless it is shown by a
  636  preponderance of the evidence that the amendment is not “in
  637  compliance.”
  638         (e) If the administrative law judge recommends that the
  639  amendment be found not in compliance, the judge shall submit the
  640  recommended order to the Administration Commission for final
  641  agency action. The Administration Commission shall enter a final
  642  order within 45 days after its receipt of the recommended order.
  643         (f) If the administrative law judge recommends that the
  644  amendment be found in compliance, the judge shall submit the
  645  recommended order to the state land planning agency.
  646         1. If the state land planning agency determines that the
  647  plan amendment should be found not in compliance, the agency
  648  shall refer, within 30 days of receipt of the recommended order,
  649  the recommended order and its determination to the
  650  Administration Commission for final agency action. If the
  651  commission determines that the amendment is not in compliance,
  652  it may sanction the local government as set forth in s.
  653  163.3184(11).
  654         2. If the state land planning agency determines that the
  655  plan amendment should be found in compliance, the agency shall
  656  enter its final order not later than 30 days from receipt of the
  657  recommended order.
  658         (g) An amendment adopted under the expedited provisions of
  659  this section shall not become effective until the completion of
  660  the time period available to the state land planning agency for
  661  administrative challenge under paragraph (a) 31 days after
  662  adoption. If timely challenged, an amendment shall not become
  663  effective until the state land planning agency or the
  664  Administration Commission enters a final order determining that
  665  the adopted amendment is to be in compliance.
  666         (h) Parties to a proceeding under this section may enter
  667  into compliance agreements using the process in s. 163.3184(16).
  668  Any remedial amendment adopted pursuant to a settlement
  669  agreement shall be provided to the agencies and governments
  670  listed in paragraph (4)(a).
  671         (7) APPLICABILITY OF ALTERNATIVE REVIEW PILOT PROGRAM IN
  672  CERTAIN LOCAL GOVERNMENTS.—Local governments and specific areas
  673  that are have been designated for alternate review process
  674  pursuant to ss. 163.3246 and 163.3184(17) and (18) are not
  675  subject to this section.
  676         (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—The state land
  677  planning agency may adopt procedural Agencies shall not
  678  promulgate rules to administer implement this section pilot
  679  program.
  680         (9) REPORT.—The Office of Program Policy Analysis and
  681  Government Accountability shall submit to the Governor, the
  682  President of the Senate, and the Speaker of the House of
  683  Representatives by December 1, 2008, a report and
  684  recommendations for implementing a statewide program that
  685  addresses the legislative findings in subsection (1) in areas
  686  that meet urban criteria. The Office of Program Policy Analysis
  687  and Government Accountability in consultation with the state
  688  land planning agency shall develop the report and
  689  recommendations with input from other state and regional
  690  agencies, local governments, and interest groups. Additionally,
  691  the office shall review local and state actions and
  692  correspondence relating to the pilot program to identify issues
  693  of process and substance in recommending changes to the pilot
  694  program. At a minimum, the report and recommendations shall
  695  include the following:
  696         (a) Identification of local governments beyond those
  697  participating in the pilot program that should be subject to the
  698  alternative expedited state review process. The report may
  699  recommend that pilot program local governments may no longer be
  700  appropriate for such alternative review process.
  701         (b) Changes to the alternative expedited state review
  702  process for local comprehensive plan amendments identified in
  703  the pilot program.
  704         (c) Criteria for determining issues of regional or
  705  statewide importance that are to be protected in the alternative
  706  state review process.
  707         (d) In preparing the report and recommendations, the Office
  708  of Program Policy Analysis and Government Accountability shall
  709  consult with the state land planning agency, the Department of
  710  Transportation, the Department of Environmental Protection, and
  711  the regional planning agencies in identifying highly developed
  712  local governments to participate in the alternative expedited
  713  state review process. The Office of Program Policy Analysis and
  714  Governmental Accountability shall also solicit citizen input in
  715  the potentially affected areas and consult with the affected
  716  local governments and stakeholder groups.
  717         Section 9. Subsection (29) is added to section 380.06,
  718  Florida Statutes, to read:
  719         380.06 Developments of regional impact.—
  720         (29)EXEMPTIONS FOR DENSE URBAN LAND AREAS.–
  721         (a)Any proposed development in a local government which
  722  has been designated by the state land planning agency as a dense
  723  urban land area as defined in s. 163.3164(5) is exempt from this
  724  section effective upon such designation being published in the
  725  Florida Administrative Weekly.
  726         (b)A development that is located partially within a
  727  jurisdiction that is not exempt from the development-of
  728  regional-impact program must undergo development-of-regional
  729  impact review pursuant to s. 380.06.
  730         (c)In jurisdictions exempt under paragraph (a), previously
  731  approved development-of-regional-impact development orders shall
  732  continue to be effective and developments that have a pending
  733  application for development approval shall be governed by s.
  734  380.115(1) and (2).
  735         (d)Local governments must render by mail a development
  736  order to the state land planning agency for projects that would
  737  be larger than 120 percent of any applicable development-of
  738  regional-impact threshold and would require development-of
  739  regional-impact review but for the exemption from the program
  740  under paragraph (a). For such development orders, the state land
  741  planning agency is an “aggrieved or adversely affected party” as
  742  defined in s. 163.3215(2) and may challenge and appeal the
  743  development order for consistency with the comprehensive plan
  744  adopted under chapter 163 using the procedures provided in s.
  745  163.3215.
  746         Section 10. Paragraph (d) of subsection (3) of section
  747  163.31801, Florida Statutes, is amended to read:
  748         163.31801 Impact fees; short title; intent; definitions;
  749  ordinances levying impact fees.—
  750         (3) An impact fee adopted by ordinance of a county or
  751  municipality or by resolution of a special district must, at
  752  minimum:
  753         (d) Require that notice be provided no less than 90 days
  754  before the effective date of an ordinance or resolution imposing
  755  a new or increased amended impact fee. A county or municipality
  756  is not required to wait 90 days to decrease, suspend, or
  757  eliminate an impact fee.
  758         Section 11. This act shall take effect upon becoming a law.