Florida Senate - 2009                       CS for CS for SB 360
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Community Affairs; and Senators Bennett, Gaetz,
       Ring, Pruitt, Haridopolos, Richter, Hill, King, and Lynn
       
       
       576-03064-09                                           2009360c2
    1                        A bill to be entitled                      
    2         An act relating to growth management; providing a
    3         short title; amending s. 163.3164, F.S.; revising
    4         definitions; providing a definition for the term
    5         “dense urban land area”; amending s. 163.3177, F.S.;
    6         extending dates relating to requirements for adopting
    7         amendments to the capital improvements element of a
    8         local comprehensive plan; deleting a penalty for local
    9         governments that fail to adopt a public school
   10         facilities element and interlocal agreement;
   11         authorizing the state land planning agency to issue a
   12         notice to a school board or local government to show
   13         cause for not imposing sanctions; requiring that the
   14         state land planning agency submit its findings to the
   15         Administration Commission within the Executive Office
   16         of the Governor if the agency finds insufficient cause
   17         to impose sanctions; authorizing the Administration
   18         Commission to impose certain sanctions; amending s.
   19         163.3180, F.S.; revising concurrency requirements;
   20         providing legislative findings relating to
   21         transportation concurrency exception areas; providing
   22         for the applicability of transportation concurrency
   23         exception areas; deleting certain requirements for
   24         transportation concurrency exception areas; providing
   25         that the designation of a transportation concurrency
   26         exception area does not limit a local government’s
   27         home rule power to adopt ordinances or impose fees and
   28         does not affect any contract or agreement entered into
   29         or development order rendered before such designation;
   30         requiring the Office of Program Policy Analysis and
   31         Government Accountability to submit a report to the
   32         Legislature concerning the effects of the
   33         transportation concurrency exception areas; providing
   34         for an exemption from level-of-service standards for
   35         proposed development related to qualified job-creation
   36         projects; amending s. 163.3184, F.S.; clarifying the
   37         definition of the term “in compliance”; conforming
   38         cross-references; amending s. 163.3187, F.S.;
   39         exempting certain additional comprehensive plan
   40         amendments from the twice-per-year limitation;
   41         limiting the adoption of certain amendments to the
   42         text of a plan to once per calendar year; amending s.
   43         163.3246, F.S.; conforming a cross-reference; amending
   44         s. 163.32465, F.S.; revising provisions relating to
   45         the state review of comprehensive plans; providing for
   46         additional types of amendments to which the alternate
   47         state review applies; requiring that agencies submit
   48         comments within a specified period after the state
   49         land planning agency notifies the local government
   50         that the plan amendment package is complete; requiring
   51         that the local government adopt a plan amendment
   52         within a specified period after comments are received;
   53         requiring that the state land planning agency adopt
   54         rules; deleting provisions relating to reporting
   55         requirements for the Office of Program Policy Analysis
   56         and Government Accountability; amending s. 380.06,
   57         F.S.; providing exemptions for dense urban land areas
   58         from the development-of-regional-impact program;
   59         providing exceptions; amending s. 163.31801, F.S.;
   60         revising provisions relating to impact fees; providing
   61         that notice is not required if an impact fee is
   62         decreased, suspended, or eliminated; amending s.
   63         171.091, F.S.; requiring that a municipality submit a
   64         copy of any revision to the charter boundary article
   65         which results from an annexation or contraction to the
   66         Office of Economic and Demographic Research within the
   67         Legislature; amending s. 186.509, F.S.; revising
   68         provisions relating to a dispute resolution process to
   69         reconcile differences on planning and growth
   70         management issues between certain parties of interest;
   71         providing for mandatory mediation; providing that the
   72         act fulfills an important state interest; providing an
   73         effective date.
   74  
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. This act may be cited as the “Community Renewal
   78  Act.”
   79         Section 2. Subsection (29) of section 163.3164, Florida
   80  Statutes, is amended, and subsection (34) is added to that
   81  section, to read:
   82         163.3164 Local Government Comprehensive Planning and Land
   83  Development Regulation Act; definitions.—As used in this act:
   84         (29) “Existing Urban service area” means built-up areas
   85  where public facilities and services, including, but not limited
   86  to, central water and sewer such as sewage treatment systems,
   87  roads, schools, and recreation areas, are already in place. In
   88  addition, areas identified in the comprehensive plan as urban
   89  service areas or urban growth boundaries on or before July 1,
   90  2009, which are located within counties that qualify as dense
   91  urban land areas under subsection (34) by July 1, 2009, are also
   92  urban service areas under this definition.
   93         (34)“Dense urban land area” means:
   94         (a)A municipality that has an average of at least 1,000
   95  people per square mile of land area and a minimum total
   96  population of at least 5,000;
   97         (b)A county, including the municipalities located therein,
   98  which has an average of at least 1,000 people per square mile of
   99  land area; or
  100         (c)A county, including the municipalities located therein,
  101  which has a population of at least 1 million.
  102  
  103  The Office of Economic and Demographic Research within the
  104  Legislature shall annually calculate the population and density
  105  criteria needed to determine which jurisdictions qualify as
  106  dense urban land areas by using the most recent land area data
  107  from the decennial census conducted by the Bureau of the Census
  108  of the United States Department of Commerce and the latest
  109  available population estimates determined pursuant to s.
  110  186.901. If any local government has had an annexation,
  111  contraction, or new incorporation, the Office of Economic and
  112  Demographic Research shall determine the population density
  113  using the new jurisdictional boundaries as recorded in
  114  accordance with s. 171.091. The Office of Economic and
  115  Demographic Research shall submit to the state land planning
  116  agency a list of jurisdictions that meet the total population
  117  and density criteria necessary for designation as a dense urban
  118  land area by July 1, 2009, and every year thereafter. The state
  119  land planning agency shall publish the list of jurisdictions on
  120  its Internet website within 7 days after the list is received.
  121  The designation of jurisdictions that qualify or do not qualify
  122  as a dense urban land area is effective upon publication on the
  123  state land planning agency’s Internet website.
  124         Section 3. Paragraph (b) of subsection (3), paragraph (a)
  125  of subsection (4), paragraph (h) of subsection (6), and
  126  paragraphs (j) and (k) of subsection (12) of section 163.3177
  127  Florida Statutes, are amended to read:
  128         163.3177 Required and optional elements of comprehensive
  129  plan; studies and surveys.—
  130         (3)
  131         (b)1. The capital improvements element must be reviewed on
  132  an annual basis and modified as necessary in accordance with s.
  133  163.3187 or s. 163.3189 in order to maintain a financially
  134  feasible 5-year schedule of capital improvements. Corrections
  135  and modifications concerning costs; revenue sources; or
  136  acceptance of facilities pursuant to dedications which are
  137  consistent with the plan may be accomplished by ordinance and
  138  shall not be deemed to be amendments to the local comprehensive
  139  plan. A copy of the ordinance shall be transmitted to the state
  140  land planning agency. An amendment to the comprehensive plan is
  141  required to update the schedule on an annual basis or to
  142  eliminate, defer, or delay the construction for any facility
  143  listed in the 5-year schedule. All public facilities must be
  144  consistent with the capital improvements element. The annual
  145  update to the capital improvements element of the comprehensive
  146  plan need not comply with the financial feasibility requirement
  147  until December 1, 2011. Amendments to implement this section
  148  must be adopted and transmitted no later than December 1, 2008.
  149  Thereafter, a local government may not amend its future land use
  150  map, except for plan amendments to meet new requirements under
  151  this part and emergency amendments pursuant to s.
  152  163.3187(1)(a), after December 1, 2011 2008, and every year
  153  thereafter, unless and until the local government has adopted
  154  the annual update and it has been transmitted to the state land
  155  planning agency.
  156         2. Capital improvements element amendments adopted after
  157  the effective date of this act shall require only a single
  158  public hearing before the governing board which shall be an
  159  adoption hearing as described in s. 163.3184(7). Such amendments
  160  are not subject to the requirements of s. 163.3184(3)-(6).
  161         (4)(a) Coordination of the local comprehensive plan with
  162  the comprehensive plans of adjacent municipalities, the county,
  163  adjacent counties, or the region; with the appropriate water
  164  management district’s regional water supply plans approved
  165  pursuant to s. 373.0361; with adopted rules pertaining to
  166  designated areas of critical state concern; and with the state
  167  comprehensive plan shall be a major objective of the local
  168  comprehensive planning process. To that end, in the preparation
  169  of a comprehensive plan or element thereof, and in the
  170  comprehensive plan or element as adopted, the governing body
  171  shall include a specific policy statement indicating the
  172  relationship of the proposed development of the area to the
  173  comprehensive plans of adjacent municipalities, the county,
  174  adjacent counties, or the region and to the state comprehensive
  175  plan, as the case may require and as such adopted plans or plans
  176  in preparation may exist.
  177         (6) In addition to the requirements of subsections (1)-(5)
  178  and (12), the comprehensive plan shall include the following
  179  elements:
  180         (h)1. An intergovernmental coordination element showing
  181  relationships and stating principles and guidelines to be used
  182  in the accomplishment of coordination of the adopted
  183  comprehensive plan with the plans of school boards, regional
  184  water supply authorities, and other units of local government
  185  providing services but not having regulatory authority over the
  186  use of land, with the comprehensive plans of adjacent
  187  municipalities, the county, adjacent counties, or the region,
  188  with the state comprehensive plan and with the applicable
  189  regional water supply plan approved pursuant to s. 373.0361, as
  190  the case may require and as such adopted plans or plans in
  191  preparation may exist. This element of the local comprehensive
  192  plan shall demonstrate consideration of the particular effects
  193  of the local plan, when adopted, upon the development of
  194  adjacent municipalities, the county, adjacent counties, or the
  195  region, or upon the state comprehensive plan, as the case may
  196  require.
  197         a. The intergovernmental coordination element shall provide
  198  for procedures to identify and implement joint planning areas,
  199  especially for the purpose of annexation, municipal
  200  incorporation, and joint infrastructure service areas.
  201         b. The intergovernmental coordination element shall provide
  202  for recognition of campus master plans prepared pursuant to s.
  203  1013.30.
  204         c. The intergovernmental coordination element shall may
  205  provide for a voluntary dispute resolution process as
  206  established pursuant to s. 186.509 for bringing to closure in a
  207  timely manner intergovernmental disputes. A local government may
  208  develop and use an alternative local dispute resolution process
  209  for this purpose.
  210         2. The intergovernmental coordination element shall further
  211  state principles and guidelines to be used in the accomplishment
  212  of coordination of the adopted comprehensive plan with the plans
  213  of school boards and other units of local government providing
  214  facilities and services but not having regulatory authority over
  215  the use of land. In addition, the intergovernmental coordination
  216  element shall describe joint processes for collaborative
  217  planning and decisionmaking on population projections and public
  218  school siting, the location and extension of public facilities
  219  subject to concurrency, and siting facilities with countywide
  220  significance, including locally unwanted land uses whose nature
  221  and identity are established in an agreement. Within 1 year of
  222  adopting their intergovernmental coordination elements, each
  223  county, all the municipalities within that county, the district
  224  school board, and any unit of local government service providers
  225  in that county shall establish by interlocal or other formal
  226  agreement executed by all affected entities, the joint processes
  227  described in this subparagraph consistent with their adopted
  228  intergovernmental coordination elements.
  229         3. To foster coordination between special districts and
  230  local general-purpose governments as local general-purpose
  231  governments implement local comprehensive plans, each
  232  independent special district must submit a public facilities
  233  report to the appropriate local government as required by s.
  234  189.415.
  235         4.a. Local governments must execute an interlocal agreement
  236  with the district school board, the county, and nonexempt
  237  municipalities pursuant to s. 163.31777. The local government
  238  shall amend the intergovernmental coordination element to
  239  provide that coordination between the local government and
  240  school board is pursuant to the agreement and shall state the
  241  obligations of the local government under the agreement.
  242         b. Plan amendments that comply with this subparagraph are
  243  exempt from the provisions of s. 163.3187(1).
  244         5. The state land planning agency shall establish a
  245  schedule for phased completion and transmittal of plan
  246  amendments to implement subparagraphs 1., 2., and 3. from all
  247  jurisdictions so as to accomplish their adoption by December 31,
  248  1999. A local government may complete and transmit its plan
  249  amendments to carry out these provisions prior to the scheduled
  250  date established by the state land planning agency. The plan
  251  amendments are exempt from the provisions of s. 163.3187(1).
  252         6. By January 1, 2004, any county having a population
  253  greater than 100,000, and the municipalities and special
  254  districts within that county, shall submit a report to the
  255  Department of Community Affairs which:
  256         a. Identifies all existing or proposed interlocal service
  257  delivery agreements regarding the following: education; sanitary
  258  sewer; public safety; solid waste; drainage; potable water;
  259  parks and recreation; and transportation facilities.
  260         b. Identifies any deficits or duplication in the provision
  261  of services within its jurisdiction, whether capital or
  262  operational. Upon request, the Department of Community Affairs
  263  shall provide technical assistance to the local governments in
  264  identifying deficits or duplication.
  265         7. Within 6 months after submission of the report, the
  266  Department of Community Affairs shall, through the appropriate
  267  regional planning council, coordinate a meeting of all local
  268  governments within the regional planning area to discuss the
  269  reports and potential strategies to remedy any identified
  270  deficiencies or duplications.
  271         8. Each local government shall update its intergovernmental
  272  coordination element based upon the findings in the report
  273  submitted pursuant to subparagraph 6. The report may be used as
  274  supporting data and analysis for the intergovernmental
  275  coordination element.
  276         (12) A public school facilities element adopted to
  277  implement a school concurrency program shall meet the
  278  requirements of this subsection. Each county and each
  279  municipality within the county, unless exempt or subject to a
  280  waiver, must adopt a public school facilities element that is
  281  consistent with those adopted by the other local governments
  282  within the county and enter the interlocal agreement pursuant to
  283  s. 163.31777.
  284         (j) Failure to adopt the public school facilities element,
  285  to enter into an approved interlocal agreement as required by
  286  subparagraph (6)(h)2. and s. 163.31777, or to amend the
  287  comprehensive plan as necessary to implement school concurrency,
  288  according to the phased schedule, shall result in a local
  289  government being prohibited from adopting amendments to the
  290  comprehensive plan which increase residential density until the
  291  necessary amendments have been adopted and transmitted to the
  292  state land planning agency.
  293         (j)(k) The state land planning agency may issue the school
  294  board a notice to a school board or local government to show
  295  cause why sanctions should not be enforced for failure to enter
  296  into an approved interlocal agreement as required by s.
  297  163.31777 or for failure to implement the provisions of this act
  298  relating to public school concurrency. If the state land
  299  planning agency finds that insufficient cause exists for the
  300  school board’s or local government’s failure to enter into an
  301  approved interlocal agreement required by s. 163.31777 or for
  302  the school board’s or local government’s failure to implement
  303  the provisions relating to public school concurrency, the state
  304  land planning agency shall submit its finding to the
  305  Administration Commission, which may impose on the local
  306  government any of the sanctions set forth in s. 163.3184(11)(a)
  307  and (b) and may impose on the district school board any of the
  308  sanctions set forth in s. 1008.32(4). The school board may be
  309  subject to sanctions imposed by the Administration Commission
  310  directing the Department of Education to withhold from the
  311  district school board an equivalent amount of funds for school
  312  construction available pursuant to ss. 1013.65, 1013.68,
  313  1013.70, and 1013.72.
  314         Section 4. Paragraph (c) of subsection (4) and subsections
  315  (5) and (10) of section 163.3180, Florida Statutes, are amended
  316  to read:
  317         163.3180 Concurrency.—
  318         (4)
  319         (c) The concurrency requirement, except as it relates to
  320  transportation facilities and public schools, as implemented in
  321  local government comprehensive plans, may be waived by a local
  322  government for urban infill and redevelopment areas designated
  323  pursuant to s. 163.2517 if such a waiver does not endanger
  324  public health or safety as defined by the local government in
  325  its local government comprehensive plan. The waiver shall be
  326  adopted as a plan amendment pursuant to the process set forth in
  327  s. 163.3187(4)(a) s. 163.3187(3)(a). A local government may
  328  grant a concurrency exception pursuant to subsection (5) for
  329  transportation facilities located within these urban infill and
  330  redevelopment areas.
  331         (5)
  332         (a) The Legislature finds that under limited circumstances
  333  dealing with transportation facilities, countervailing planning
  334  and public policy goals may come into conflict with the
  335  requirement that adequate public transportation facilities and
  336  services be available concurrent with the impacts of such
  337  development. The Legislature further finds that often the
  338  unintended result of the concurrency requirement for
  339  transportation facilities is often the discouragement of urban
  340  infill development and redevelopment. Such unintended results
  341  directly conflict with the goals and policies of the state
  342  comprehensive plan and the intent of this part. The Legislature
  343  also finds that in urban centers transportation cannot be
  344  effectively managed and mobility cannot be improved solely
  345  through the expansion of roadway capacity, that the expansion of
  346  roadway capacity is not always physically or financially
  347  possible, and that a range of transportation alternatives are
  348  essential to satisfy mobility needs, reduce congestion, and
  349  achieve healthy, vibrant centers. Therefore, exceptions from the
  350  concurrency requirement for transportation facilities may be
  351  granted as provided by this subsection.
  352         (b)1.The following are transportation concurrency
  353  exception areas:
  354         a.A municipality that qualifies as a dense urban land area
  355  under s. 163.3164(34);
  356         b.An urban service area under s. 163.3164(29) which has
  357  been adopted into the local comprehensive plan and is located
  358  within a county that qualifies as a dense urban land area under
  359  s. 163.3164(34); and
  360         c.A county, including the municipalities located therein,
  361  which has a population of at least 900,000 and qualifies as a
  362  dense urban land area under s. 163.3164(34), but does not have
  363  an urban service area designated in the local comprehensive
  364  plan.
  365         2.A municipality that does not qualify as a dense urban
  366  land area pursuant to s. 163.3164(34) may designate in its local
  367  comprehensive plan the following areas as transportation
  368  concurrency exception areas:
  369         a.Urban infill as defined in s. 163.3164(27);
  370         b.Community redevelopment areas as defined in s.
  371  163.340(10);
  372         c.Downtown revitalization areas as defined in s.
  373  163.3164(25);
  374         d.Urban infill and redevelopment under s. 163.2517; or
  375         e.Urban service areas as defined in s. 163.3164(29) or
  376  areas within a designated urban service boundary under s.
  377  163.3177(14).
  378         3.A county that does not qualify as a dense urban land
  379  area pursuant to s. 163.3164(34) may designate in its local
  380  comprehensive plan the following areas as transportation
  381  concurrency exception areas:
  382         a.Urban infill as defined in s. 163.3164(27);
  383         b.Urban infill and redevelopment under s. 163.2517; or
  384         c.Urban service areas as defined in s. 163.3164(29).
  385         4.A local government that has a transportation concurrency
  386  exception area designated pursuant to subparagraph 1.,
  387  subparagraph 2., or subparagraph 3. must, within 2 years after
  388  the designated area becomes exempt, adopt into its local
  389  comprehensive plan land use and transportation strategies to
  390  support and fund mobility within the exception area, including
  391  alternative modes of transportation. Local governments are
  392  encouraged to adopt complementary land use and transportation
  393  strategies that reflect the region’s shared vision for its
  394  future. If the state land planning agency finds insufficient
  395  cause for the failure to adopt into its comprehensive plan land
  396  use and transportation strategies to support and fund mobility
  397  within the designated exception area after 2 years, it shall
  398  submit the finding to the Administration Commission, which may
  399  impose any of the sanctions set forth in s. 163.3184(11)(a) and
  400  (b) against the local government.
  401         5.Transportation concurrency exception areas designated
  402  under subparagraph 1., subparagraph 2., or subparagraph 3. do
  403  not apply to designated transportation concurrency districts
  404  located within a county that has a population of at least 1.5
  405  million, has implemented and uses a transportation-related
  406  concurrency assessment to support alternative modes of
  407  transportation, including, but not limited to, mass transit, and
  408  does not levy transportation impact fees within the concurrency
  409  district.
  410         6.A local government that does not qualify as a dense
  411  urban land area as defined in s. 163.3164(34) A local government
  412  may grant an exception from the concurrency requirement for
  413  transportation facilities if the proposed development is
  414  otherwise consistent with the adopted local government
  415  comprehensive plan and is a project that promotes public
  416  transportation or is located within an area designated in the
  417  comprehensive plan for:
  418         a.1. Urban infill development;
  419         b.2. Urban redevelopment;
  420         c.3. Downtown revitalization;
  421         d.4. Urban infill and redevelopment under s. 163.2517; or
  422         e.5. An urban service area specifically designated as a
  423  transportation concurrency exception area which includes lands
  424  appropriate for compact, contiguous urban development, which
  425  does not exceed the amount of land needed to accommodate the
  426  projected population growth at densities consistent with the
  427  adopted comprehensive plan within the 10-year planning period,
  428  and which is served or is planned to be served with public
  429  facilities and services as provided by the capital improvements
  430  element.
  431         (c) The Legislature also finds that developments located
  432  within urban infill, urban redevelopment, existing urban
  433  service, or downtown revitalization areas or areas designated as
  434  urban infill and redevelopment areas under s. 163.2517, which
  435  pose only special part-time demands on the transportation
  436  system, are exempt should be excepted from the concurrency
  437  requirement for transportation facilities. A special part-time
  438  demand is one that does not have more than 200 scheduled events
  439  during any calendar year and does not affect the 100 highest
  440  traffic volume hours.
  441         (d) Except for transportation concurrency exception areas
  442  designated pursuant to subparagraph (b)1., subparagraph (b)2.,
  443  or subparagraph (b)3., the following requirements apply: A local
  444  government shall establish guidelines in the comprehensive plan
  445  for granting the exceptions authorized in paragraphs (b) and (c)
  446  and subsections (7) and (15) which must be consistent with and
  447  support a comprehensive strategy adopted in the plan to promote
  448  the purpose of the exceptions.
  449         1.(e) The local government shall both adopt into the
  450  comprehensive plan and implement long-term strategies to support
  451  and fund mobility within the designated exception area,
  452  including alternative modes of transportation. The plan
  453  amendment must also demonstrate how strategies will support the
  454  purpose of the exception and how mobility within the designated
  455  exception area will be provided.
  456         2.In addition, The strategies must address urban design;
  457  appropriate land use mixes, including intensity and density; and
  458  network connectivity plans needed to promote urban infill,
  459  redevelopment, or downtown revitalization. The comprehensive
  460  plan amendment designating the concurrency exception area must
  461  be accompanied by data and analysis justifying the size of the
  462  area.
  463         (e)(f)Before designating Prior to the designation of a
  464  concurrency exception area pursuant to subparagraph (b)6., the
  465  state land planning agency and the Department of Transportation
  466  shall be consulted by the local government to assess the impact
  467  that the proposed exception area is expected to have on the
  468  adopted level-of-service standards established for regional
  469  transportation facilities identified pursuant to s. 186.507,
  470  including the Strategic Intermodal System facilities, as defined
  471  in s. 339.64, and roadway facilities funded in accordance with
  472  s. 339.2819. Further, the local government shall provide a plan
  473  for the mitigation of, in consultation with the state land
  474  planning agency and the Department of Transportation, develop a
  475  plan to mitigate any impacts to the Strategic Intermodal System,
  476  including, if appropriate, access management, parallel reliever
  477  roads, transportation demand management, and other measures the
  478  development of a long-term concurrency management system
  479  pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
  480  may be available only within the specific geographic area of the
  481  jurisdiction designated in the plan. Pursuant to s. 163.3184,
  482  any affected person may challenge a plan amendment establishing
  483  these guidelines and the areas within which an exception could
  484  be granted.
  485         (g) Transportation concurrency exception areas existing
  486  prior to July 1, 2005, must, at a minimum, meet the provisions
  487  of this section by July 1, 2006, or at the time of the
  488  comprehensive plan update pursuant to the evaluation and
  489  appraisal report, whichever occurs last.
  490         (f)The designation of a transportation concurrency
  491  exception area does not limit a local government’s home rule
  492  power to adopt ordinances or impose fees. This subsection does
  493  not affect any contract or agreement entered into or development
  494  order rendered before the creation of the transportation
  495  concurrency exception area except as provided in s.
  496  380.06(29)(e).
  497         (g)The Office of Program Policy Analysis and Government
  498  Accountability shall submit to the President of the Senate and
  499  the Speaker of the House of Representatives by February 1, 2015,
  500  a report on transportation concurrency exception areas created
  501  pursuant to this subsection. At a minimum, the report shall
  502  address the methods that local governments have used to
  503  implement and fund transportation strategies to achieve the
  504  purposes of designated transportation concurrency exception
  505  areas, and the effects of the strategies on mobility,
  506  congestion, urban design, the density and intensity of land use
  507  mixes, and network connectivity plans used to promote urban
  508  infill, redevelopment or downtown revitalization.
  509         (10) Except in transportation concurrency exception areas,
  510  with regard to roadway facilities on the Strategic Intermodal
  511  System designated in accordance with s. 339.63 ss. 339.61,
  512  339.62, 339.63, and 339.64, the Florida Intrastate Highway
  513  System as defined in s. 338.001, and roadway facilities funded
  514  in accordance with s. 339.2819, local governments shall adopt
  515  the level-of-service standard established by the Department of
  516  Transportation by rule. However, if the Office of Tourism,
  517  Trade, and Economic Development concurs in writing with the
  518  local government that the proposed development is for a
  519  qualified job creation project under s. 288.0656 or s. 403.973,
  520  the affected local government, after consulting with the
  521  Department of Transportation, may allow for a waiver of
  522  transportation concurrency for the project. For all other roads
  523  on the State Highway System, local governments shall establish
  524  an adequate level-of-service standard that need not be
  525  consistent with any level-of-service standard established by the
  526  Department of Transportation. In establishing adequate level-of
  527  service standards for any arterial roads, or collector roads as
  528  appropriate, which traverse multiple jurisdictions, local
  529  governments shall consider compatibility with the roadway
  530  facility’s adopted level-of-service standards in adjacent
  531  jurisdictions. Each local government within a county shall use a
  532  professionally accepted methodology for measuring impacts on
  533  transportation facilities for the purposes of implementing its
  534  concurrency management system. Counties are encouraged to
  535  coordinate with adjacent counties, and local governments within
  536  a county are encouraged to coordinate, for the purpose of using
  537  common methodologies for measuring impacts on transportation
  538  facilities for the purpose of implementing their concurrency
  539  management systems.
  540         Section 5. Paragraph (b) of subsection (1), paragraph (b)
  541  of subsection (8), and subsections (17) and (18) of section
  542  163.3184, Florida Statutes, are amended to read:
  543         163.3184 Process for adoption of comprehensive plan or plan
  544  amendment.—
  545         (1) DEFINITIONS.—As used in this section, the term:
  546         (b) “In compliance” means consistent with the requirements
  547  of ss. 163.3177, when a local government adopts an educational
  548  facilities element, 163.3178, 163.3180, 163.3191, and 163.3245,
  549  with the state comprehensive plan, with the appropriate
  550  strategic regional policy plan, and with chapter 9J-5, Florida
  551  Administrative Code, where such rule is not inconsistent with
  552  this part and with the principles for guiding development in
  553  designated areas of critical state concern and with part III of
  554  chapter 369, where applicable.
  555         (8) NOTICE OF INTENT.—
  556         (b) Except as provided in paragraph (a) or in s.
  557  163.3187(4) s. 163.3187(3), the state land planning agency, upon
  558  receipt of a local government’s complete adopted comprehensive
  559  plan or plan amendment, shall have 45 days for review and to
  560  determine if the plan or plan amendment is in compliance with
  561  this act, unless the amendment is the result of a compliance
  562  agreement entered into under subsection (16), in which case the
  563  time period for review and determination shall be 30 days. If
  564  review was not conducted under subsection (6), the agency’s
  565  determination must be based upon the plan amendment as adopted.
  566  If review was conducted under subsection (6), the agency’s
  567  determination of compliance must be based only upon one or both
  568  of the following:
  569         1. The state land planning agency’s written comments to the
  570  local government pursuant to subsection (6); or
  571         2. Any changes made by the local government to the
  572  comprehensive plan or plan amendment as adopted.
  573         (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
  574  local government that has adopted a community vision and urban
  575  service boundary under s. 163.3177(13) and (14) may adopt a plan
  576  amendment related to map amendments solely to property within an
  577  urban service boundary in the manner described in subsections
  578  (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
  579  and e., 2., and 3., such that state and regional agency review
  580  is eliminated. The department may not issue an objections,
  581  recommendations, and comments report on proposed plan amendments
  582  or a notice of intent on adopted plan amendments; however,
  583  affected persons, as defined by paragraph (1)(a), may file a
  584  petition for administrative review pursuant to the requirements
  585  of s. 163.3187(4)(a) s. 163.3187(3)(a) to challenge the
  586  compliance of an adopted plan amendment. This subsection does
  587  not apply to any amendment within an area of critical state
  588  concern, to any amendment that increases residential densities
  589  allowable in high-hazard coastal areas as defined in s.
  590  163.3178(2)(h), or to a text change to the goals, policies, or
  591  objectives of the local government’s comprehensive plan.
  592  Amendments submitted under this subsection are exempt from the
  593  limitation on the frequency of plan amendments in s. 163.3187.
  594         (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
  595  municipality that has a designated urban infill and
  596  redevelopment area under s. 163.2517 may adopt a plan amendment
  597  related to map amendments solely to property within a designated
  598  urban infill and redevelopment area in the manner described in
  599  subsections (1), (2), (7), (14), (15), and (16) and s.
  600  163.3187(1)(c)1.d. and e., 2., and 3., such that state and
  601  regional agency review is eliminated. The department may not
  602  issue an objections, recommendations, and comments report on
  603  proposed plan amendments or a notice of intent on adopted plan
  604  amendments; however, affected persons, as defined by paragraph
  605  (1)(a), may file a petition for administrative review pursuant
  606  to the requirements of s. 163.3187(4)(a) s. 163.3187(3)(a) to
  607  challenge the compliance of an adopted plan amendment. This
  608  subsection does not apply to any amendment within an area of
  609  critical state concern, to any amendment that increases
  610  residential densities allowable in high-hazard coastal areas as
  611  defined in s. 163.3178(2)(h), or to a text change to the goals,
  612  policies, or objectives of the local government’s comprehensive
  613  plan. Amendments submitted under this subsection are exempt from
  614  the limitation on the frequency of plan amendments in s.
  615  163.3187.
  616         Section 6. Paragraphs (b) and (f) of subsection (1) of
  617  section 163.3187, Florida Statutes, are amended, paragraph (q)
  618  is added to that subsection, present subsections (2) through (6)
  619  of that section are redesignated as subsections (3) through (7),
  620  respectively, and a new subsection (2) is added to that section,
  621  to read:
  622         163.3187 Amendment of adopted comprehensive plan.—
  623         (1) Amendments to comprehensive plans adopted pursuant to
  624  this part may be made not more than two times during any
  625  calendar year, except:
  626         (b) Any local government comprehensive plan amendments
  627  directly related to a proposed development of regional impact,
  628  including changes which have been determined to be substantial
  629  deviations and including Florida Quality Developments pursuant
  630  to s. 380.061, may be initiated by a local planning agency and
  631  considered by the local governing body at the same time as the
  632  application for development approval using the procedures
  633  provided for local plan amendment in this section and applicable
  634  local ordinances, without regard to statutory or local ordinance
  635  limits on the frequency of consideration of amendments to the
  636  local comprehensive plan. Nothing in this subsection shall be
  637  deemed to require favorable consideration of a plan amendment
  638  solely because it is related to a development of regional
  639  impact.
  640         (f) Any comprehensive plan amendment that changes the
  641  schedule in The capital improvements element annual update
  642  required in s. 163.3177(3)(b)2., and any amendments directly
  643  related to the schedule, may be made once in a calendar year on
  644  a date different from the two times provided in this subsection
  645  when necessary to coincide with the adoption of the local
  646  government’s budget and capital improvements program.
  647         (q)Any local government plan amendment to designate an
  648  urban service area, which exists in the local government’s
  649  comprehensive plan as of July 1, 2009, as a transportation
  650  concurrency exception area under s. 163.3180(5)(b)2. or 3., an
  651  area eligible for expedited comprehensive plan amendment review
  652  under s. 163.32465, and an area exempt from the development-of
  653  regional-impact process under s. 380.06(29).
  654         (2)Other than the exceptions listed in subsection (1),
  655  text amendments to the goals, objectives, or policies of the
  656  local government’s comprehensive plan may be adopted only once a
  657  year, unless the text amendment is directly related to, and
  658  applies only to, a future land use map amendment.
  659         Section 7. Paragraph (a) of subsection (9) of section
  660  163.3246, Florida Statutes, is amended to read:
  661         163.3246 Local government comprehensive planning
  662  certification program.—
  663         (9)(a) Upon certification all comprehensive plan amendments
  664  associated with the area certified must be adopted and reviewed
  665  in the manner described in ss. 163.3184(1), (2), (7), (14),
  666  (15), and (16) and 163.3187, such that state and regional agency
  667  review is eliminated. The department may not issue any
  668  objections, recommendations, and comments report on proposed
  669  plan amendments or a notice of intent on adopted plan
  670  amendments; however, affected persons, as defined by s.
  671  163.3184(1)(a), may file a petition for administrative review
  672  pursuant to the requirements of s. 163.3187(4)(a) s.
  673  163.3187(3)(a) to challenge the compliance of an adopted plan
  674  amendment.
  675         Section 8. Section 163.32465, Florida Statutes, is amended
  676  to read:
  677         163.32465 State review of local comprehensive plans in
  678  urban areas.—
  679         (1) LEGISLATIVE FINDINGS.—
  680         (a) The Legislature finds that local governments in this
  681  state have a wide diversity of resources, conditions, abilities,
  682  and needs. The Legislature also finds that the needs and
  683  resources of urban areas are different from those of rural areas
  684  and that different planning and growth management approaches,
  685  strategies, and techniques are required in urban areas. The
  686  state role in overseeing growth management should reflect this
  687  diversity and should vary based on local government conditions,
  688  capabilities, needs, and the extent and type of development.
  689  Therefore Thus, the Legislature recognizes and finds that
  690  reduced state oversight of local comprehensive planning is
  691  justified for some local governments in urban areas and for
  692  certain types of development.
  693         (b) The Legislature finds and declares that this state’s
  694  urban areas require a reduced level of state oversight because
  695  of their high degree of urbanization and the planning
  696  capabilities and resources of many of their local governments.
  697  An alternative state review process that is adequate to protect
  698  issues of regional or statewide importance should be created for
  699  appropriate local governments in these areas and for certain
  700  types of development. Further, the Legislature finds that
  701  development, including urban infill and redevelopment, should be
  702  encouraged in these urban areas. The Legislature finds that an
  703  alternative process for amending local comprehensive plans in
  704  these areas should be established with an objective of
  705  streamlining the process and recognizing local responsibility
  706  and accountability.
  707         (c) The Legislature finds a pilot program will be
  708  beneficial in evaluating an alternative, expedited plan
  709  amendment adoption and review process. Pilot local governments
  710  shall represent highly developed counties and the municipalities
  711  within these counties and highly populated municipalities.
  712         (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.—The
  713  alternative state review process provided in this section
  714  applies to: Pinellas and Broward Counties, and the
  715  municipalities within these counties, and Jacksonville, Miami,
  716  Tampa, and Hialeah shall follow an alternative state review
  717  process provided in this section. Municipalities within the
  718  pilot counties may elect, by super majority vote of the
  719  governing body, not to participate in the pilot program.
  720         (a)Future land use map amendments within a municipality
  721  that qualifies as a dense urban land area, as defined in s.
  722  163.3164(34);
  723         (b)Future land use map amendments for areas within a
  724  county that qualifies as a dense urban land area as defined in
  725  s. 163.3164(34) which are designated in the county’s
  726  comprehensive plan as urban service areas under s. 163.3164(29);
  727         (c)Future land use map amendments for counties, including
  728  the municipalities located therein, which have a population of
  729  at least 900,000, qualify as dense urban land areas under s.
  730  163.3164(34), but do not have an urban service area designated
  731  in the comprehensive plan;
  732         (d)Future land use map amendments by municipalities that
  733  do not qualify as dense urban land areas pursuant to s.
  734  163.3164(34) and that are located within areas designated in the
  735  comprehensive plan as:
  736         1.Urban infill as defined in s. 163.3164(27);
  737         2.Community redevelopment areas as defined in s.
  738  163.340(10);
  739         3.Downtown revitalization areas as defined in s.
  740  163.3164(25); or
  741         4.Urban service areas as defined in s. 163.3164(29) or
  742  areas within a designated urban service boundary under s.
  743  163.3177(14);
  744         (e)Future land use map amendments by counties that do not
  745  qualify as dense urban land areas pursuant to s. 163.3164(34)
  746  which are within areas designated in the comprehensive plan as:
  747         1.Urban infill development as defined in s. 163.3164(27);
  748         2.Urban infill and redevelopment under s. 163.2517; or
  749         3.Urban service areas as defined in s. 163.3164(29); and
  750         (f)Future land use map amendments within an area
  751  designated by the Governor as a rural area of critical economic
  752  concern under s. 288.0656(7) if the Office of Tourism, Trade,
  753  and Economic Development states in writing that the amendment
  754  supports a regional target industry that is identified in an
  755  economic development plan prepared for one of the economic
  756  development programs identified in s. 288.0656(7).
  757         (g)Any local government plan amendment to designate an
  758  urban service area, which exists in the local government’s
  759  comprehensive plan as of July 1, 2009, as a transportation
  760  concurrency exception area under s. 163.3180(5)(b)2. or 3., an
  761  area eligible for expedited comprehensive plan amendment review
  762  under s. 163.32465, and an area exempt from the development-of
  763  regional-impact process under s. 380.06(29).
  764         (h)Any text amendment that directly relates to, and
  765  applies only to, a future land use map amendment.
  766         (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
  767  UNDER THE PILOT PROGRAM.—
  768         (a) Plan amendments adopted under this section by the pilot
  769  program jurisdictions shall follow the alternate, expedited
  770  process in subsections (4) and (5), except as set forth in
  771  paragraphs (b)-(e) of this subsection.
  772         (b) Amendments that qualify as small-scale development
  773  amendments may continue to be adopted in by the pilot program
  774  jurisdictions that use the alternative review process pursuant
  775  to s. 163.3187(1)(c) and (4)(3).
  776         (c) An amendment to a comprehensive plan is not eligible
  777  for alternative state review and must go through the state
  778  review process under s. 163.3184 if the amendment:
  779         1.Designates or implements a rural land stewardship area
  780  pursuant to s. 163.3177(11)(d);
  781         2.Designates or implements an optional sector plan;
  782         3.Applies within an area of critical state concern or a
  783  coastal high-hazard area;
  784         4.Incorporates into a municipal comprehensive plan lands
  785  that have been annexed;
  786         5.Updates a comprehensive plan based on an evaluation and
  787  appraisal report;
  788         6.Implements statutory requirements that were not
  789  previously incorporated into the comprehensive plan;
  790         7.Changes the boundary of a jurisdiction’s urban service
  791  area as defined in s. 163.3164(29); or
  792         8.Implements new plans for a newly incorporated
  793  municipality. Plan amendments that propose a rural land
  794  stewardship area pursuant to s. 163.3177(11)(d); propose an
  795  optional sector plan; update a comprehensive plan based on an
  796  evaluation and appraisal report; implement new statutory
  797  requirements; or new plans for newly incorporated municipalities
  798  are subject to state review as set forth in s. 163.3184.
  799         (d) Alternative review Pilot program jurisdictions are
  800  shall be subject to the frequency and timing requirements for
  801  plan amendments set forth in ss. 163.3187 and 163.3191, except
  802  as where otherwise stated in this section.
  803         (e) The mediation and expedited hearing provisions in s.
  804  163.3189(3) apply to all plan amendments adopted by alternative
  805  review the pilot program jurisdictions.
  806         (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
  807  PILOT PROGRAM.—
  808         (a) The local government shall hold its first public
  809  hearing on a comprehensive plan amendment on a weekday at least
  810  7 days after the day the first advertisement is published
  811  pursuant to the requirements of chapter 125 or chapter 166. Upon
  812  an affirmative vote of not less than a majority of the members
  813  of the governing body present at the hearing, the local
  814  government shall immediately transmit the amendment or
  815  amendments and appropriate supporting data and analyses to the
  816  state land planning agency; the appropriate regional planning
  817  council and water management district; the Department of
  818  Environmental Protection; the Department of State; the
  819  Department of Transportation; in the case of municipal plans, to
  820  the appropriate county; the Fish and Wildlife Conservation
  821  Commission; the Department of Agriculture and Consumer Services;
  822  and in the case of amendments that include or impact the public
  823  school facilities element, the Office of Educational Facilities
  824  of the Commissioner of Education. The local governing body shall
  825  also transmit a copy of the amendments and supporting data and
  826  analyses to any other local government or governmental agency
  827  that has filed a written request with the governing body. The
  828  local government may request that the state land planning agency
  829  issue a report containing its objections, recommendations, and
  830  comments on the amendments and supporting data and analyses. A
  831  local government that makes such request must notify all of the
  832  agencies and local governments listed in this paragraph of the
  833  request.
  834         (b) The agencies and local governments specified in
  835  paragraph (a) may provide comments regarding the amendment or
  836  amendments to the local government. The regional planning
  837  council review and comment shall be limited to effects on
  838  regional resources or facilities identified in the strategic
  839  regional policy plan and extrajurisdictional impacts that would
  840  be inconsistent with the comprehensive plan of the affected
  841  local government. A regional planning council shall not review
  842  and comment on a proposed comprehensive plan amendment prepared
  843  by such council unless the plan amendment has been changed by
  844  the local government subsequent to the preparation of the plan
  845  amendment by the regional planning council. County comments on
  846  municipal comprehensive plan amendments shall be primarily in
  847  the context of the relationship and effect of the proposed plan
  848  amendments on the county plan. Municipal comments on county plan
  849  amendments shall be primarily in the context of the relationship
  850  and effect of the amendments on the municipal plan. State agency
  851  comments may include technical guidance on issues of agency
  852  jurisdiction as it relates to the requirements of this part.
  853  Such comments must shall clearly identify issues that, if not
  854  resolved, may result in a an agency challenge to the plan
  855  amendment from the state land planning agency. For the purposes
  856  of this pilot program, Agencies are encouraged to focus
  857  potential challenges on issues of regional or statewide
  858  importance. Agencies and local governments must transmit their
  859  comments to the affected local government, if issued, within 30
  860  days after such that they are received by the local government
  861  not later than thirty days from the date on which the state land
  862  planning agency notifies the affected local government that the
  863  plan amendment package is complete or government received the
  864  amendment or amendments. Any comments from the agencies and
  865  local governments must also be transmitted to the state land
  866  planning agency. If the local government requested a report from
  867  the state planning agency listing objections, recommendations,
  868  and comments, the state planning agency has 15 days after
  869  receiving all of the comments from the agencies and local
  870  governments to issue the report.
  871         (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR
  872  ALTERNATIVE REVIEW JURISDICTIONS PILOT AREAS.—
  873         (a) The local government shall hold its second public
  874  hearing, which shall be a hearing on whether to adopt one or
  875  more comprehensive plan amendments, on a weekday at least 5 days
  876  after the day the second advertisement is published pursuant to
  877  the requirements of chapter 125 or chapter 166. Adoption of
  878  comprehensive plan amendments must be by ordinance and requires
  879  an affirmative vote of a majority of the members of the
  880  governing body present at the second hearing. The hearing must
  881  be conducted and the amendment must be adopted, adopted with
  882  changes, or not adopted within 120 days after the agency
  883  comments are received pursuant to paragraph (4)(b). If a local
  884  government fails to adopt the plan amendment within the
  885  timeframe set forth in this paragraph, the plan amendment is
  886  deemed abandoned and the plan amendment may not be considered
  887  until the next available amendment cycle pursuant to s.
  888  163.3187.
  889         (b) All comprehensive plan amendments adopted by the
  890  governing body along with the supporting data and analysis shall
  891  be transmitted within 10 days of the second public hearing to
  892  the state land planning agency and any other agency or local
  893  government that provided timely comments under paragraph (4)(b).
  894         (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR
  895  ALTERNATIVE REVIEW JURISDICTIONS PILOT PROGRAM.—
  896         (a) Any “affected person” as defined in s. 163.3184(1)(a)
  897  may file a petition with the Division of Administrative Hearings
  898  pursuant to ss. 120.569 and 120.57, with a copy served on the
  899  affected local government, to request a formal hearing to
  900  challenge whether the amendments are “in compliance” as defined
  901  in s. 163.3184(1)(b). This petition must be filed with the
  902  Division within 30 days after the local government adopts the
  903  amendment. The state land planning agency may intervene in a
  904  proceeding instituted by an affected person.
  905         (b) The state land planning agency may file a petition with
  906  the Division of Administrative Hearings pursuant to ss. 120.569
  907  and 120.57, with a copy served on the affected local government,
  908  to request a formal hearing. This petition must be filed with
  909  the Division within 30 days after the state land planning agency
  910  notifies the local government that the plan amendment package is
  911  complete. For purposes of this section, an amendment shall be
  912  deemed complete if it contains a full, executed copy of the
  913  adoption ordinance or ordinances; in the case of a text
  914  amendment, a full copy of the amended language in legislative
  915  format with new words inserted in the text underlined, and words
  916  to be deleted lined through with hyphens; in the case of a
  917  future land use map amendment, a copy of the future land use map
  918  clearly depicting the parcel, its existing future land use
  919  designation, and its adopted designation; and a copy of any data
  920  and analyses the local government deems appropriate. The state
  921  land planning agency shall notify the local government of any
  922  deficiencies within 5 working days of receipt of an amendment
  923  package.
  924         (c) The state land planning agency’s challenge shall be
  925  limited to those issues raised in the comments provided by the
  926  reviewing agencies pursuant to paragraph (4)(b) or, if issued,
  927  the objections, recommendations, and comments report. The state
  928  land planning agency may challenge a plan amendment that has
  929  substantially changed from the version on which the agencies
  930  provided comments. For alternative review jurisdictions the
  931  purposes of this pilot program, the Legislature strongly
  932  encourages the state land planning agency to focus any challenge
  933  on issues of regional or statewide importance.
  934         (d) An administrative law judge shall hold a hearing in the
  935  affected local jurisdiction. The local government’s
  936  determination that the amendment is “in compliance” is presumed
  937  to be correct and shall be sustained unless it is shown by a
  938  preponderance of the evidence that the amendment is not “in
  939  compliance.”
  940         (e) If the administrative law judge recommends that the
  941  amendment be found not in compliance, the judge shall submit the
  942  recommended order to the Administration Commission for final
  943  agency action. The Administration Commission shall enter a final
  944  order within 45 days after its receipt of the recommended order.
  945         (f) If the administrative law judge recommends that the
  946  amendment be found in compliance, the judge shall submit the
  947  recommended order to the state land planning agency.
  948         1. If the state land planning agency determines that the
  949  plan amendment should be found not in compliance, the agency
  950  shall refer, within 30 days of receipt of the recommended order,
  951  the recommended order and its determination to the
  952  Administration Commission for final agency action. If the
  953  commission determines that the amendment is not in compliance,
  954  it may sanction the local government as set forth in s.
  955  163.3184(11).
  956         2. If the state land planning agency determines that the
  957  plan amendment should be found in compliance, the agency shall
  958  enter its final order not later than 30 days from receipt of the
  959  recommended order.
  960         (g) An amendment adopted under the expedited provisions of
  961  this section shall not become effective until the completion of
  962  the time period available to the state land planning agency for
  963  administrative challenge under paragraph (a) 31 days after
  964  adoption. If timely challenged, an amendment shall not become
  965  effective until the state land planning agency or the
  966  Administration Commission enters a final order determining that
  967  the adopted amendment is to be in compliance.
  968         (h) Parties to a proceeding under this section may enter
  969  into compliance agreements using the process in s. 163.3184(16).
  970  Any remedial amendment adopted pursuant to a settlement
  971  agreement shall be provided to the agencies and governments
  972  listed in paragraph (4)(a).
  973         (7) APPLICABILITY OF ALTERNATIVE REVIEW PILOT PROGRAM IN
  974  CERTAIN LOCAL GOVERNMENTS.—Local governments and specific areas
  975  that are have been designated for alternate review process
  976  pursuant to ss. 163.3246 and 163.3184(17) and (18) are not
  977  subject to this section.
  978         (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—The state land
  979  planning agency may adopt procedural Agencies shall not
  980  promulgate rules to administer implement this section pilot
  981  program.
  982         (9) REPORT.—The Office of Program Policy Analysis and
  983  Government Accountability shall submit to the Governor, the
  984  President of the Senate, and the Speaker of the House of
  985  Representatives by December 1, 2008, a report and
  986  recommendations for implementing a statewide program that
  987  addresses the legislative findings in subsection (1) in areas
  988  that meet urban criteria. The Office of Program Policy Analysis
  989  and Government Accountability in consultation with the state
  990  land planning agency shall develop the report and
  991  recommendations with input from other state and regional
  992  agencies, local governments, and interest groups. Additionally,
  993  the office shall review local and state actions and
  994  correspondence relating to the pilot program to identify issues
  995  of process and substance in recommending changes to the pilot
  996  program. At a minimum, the report and recommendations shall
  997  include the following:
  998         (a) Identification of local governments beyond those
  999  participating in the pilot program that should be subject to the
 1000  alternative expedited state review process. The report may
 1001  recommend that pilot program local governments may no longer be
 1002  appropriate for such alternative review process.
 1003         (b) Changes to the alternative expedited state review
 1004  process for local comprehensive plan amendments identified in
 1005  the pilot program.
 1006         (c) Criteria for determining issues of regional or
 1007  statewide importance that are to be protected in the alternative
 1008  state review process.
 1009         (d) In preparing the report and recommendations, the Office
 1010  of Program Policy Analysis and Government Accountability shall
 1011  consult with the state land planning agency, the Department of
 1012  Transportation, the Department of Environmental Protection, and
 1013  the regional planning agencies in identifying highly developed
 1014  local governments to participate in the alternative expedited
 1015  state review process. The Office of Program Policy Analysis and
 1016  Governmental Accountability shall also solicit citizen input in
 1017  the potentially affected areas and consult with the affected
 1018  local governments and stakeholder groups.
 1019         Section 9. Subsection (29) is added to section 380.06,
 1020  Florida Statutes, to read:
 1021         380.06 Developments of regional impact.—
 1022         (29)EXEMPTIONS FOR DENSE URBAN LAND AREAS.–
 1023         (a)The following are exempt from this section:
 1024         1.Any proposed development in a municipality that
 1025  qualifies as a dense urban land area as defined in s.
 1026  163.3164(34);
 1027         2.Any proposed development within a county that qualifies
 1028  as a dense urban land area as defined in s. 163.3164(34) and
 1029  that is located within an urban service area defined s.
 1030  163.3164(29) which has been adopted into the comprehensive plan;
 1031  or
 1032         3.Any proposed development within a county, including the
 1033  municipalities located therein, which has a population of at
 1034  least 900,000, which qualifies as a dense urban land area under
 1035  s. 163.3164(34), but which does not have an urban service area
 1036  designated in the comprehensive plan.
 1037         (b)If a municipality that does not qualify as a dense
 1038  urban land area pursuant to s. 163.3164(34) designates any of
 1039  the following areas in its comprehensive plan, any proposed
 1040  development within the designated area is exempt from the
 1041  development-of-regional-impact process:
 1042         1.Urban infill as defined in s. 163.3164(27);
 1043         2.Community redevelopment areas as defined in s.
 1044  163.340(10);
 1045         3.Downtown revitalization areas as defined in s.
 1046  163.3164(25);
 1047         4.Urban infill and redevelopment under s. 163.2517; or
 1048         5.Urban service areas as defined in s. 163.3164(29) or
 1049  areas within a designated urban service boundary under s.
 1050  163.3177(14).
 1051         (c)If a county that does not qualify as a dense urban land
 1052  area pursuant to s. 163.3164(34) designates any of the following
 1053  areas in its comprehensive plan, any proposed development within
 1054  the designated area is exempt from the development-of-regional
 1055  impact process:
 1056         1.Urban infill as defined in s. 163.3164(27);
 1057         2.Urban infill and redevelopment under s. 163.2517; or
 1058         3.Urban service areas as defined in s. 163.3164(29).
 1059         (d)A development that is located partially outside an area
 1060  that is exempt from the development-of-regional-impact program
 1061  must undergo development-of-regional-impact review pursuant to
 1062  this section.
 1063         (e)In an area that is exempt under paragraphs (a)-(c), any
 1064  previously approved development-of-regional-impact development
 1065  orders shall continue to be effective, but the developer has the
 1066  option to be governed by s. 380.115(1). A pending application
 1067  for development approval shall be governed by s. 380.115(2). A
 1068  development that has a pending application for a comprehensive
 1069  plan amendment and that elects not to continue development-of
 1070  regional-impact review is exempt from the limitation on plan
 1071  amendments set forth in s. 163.3187(1) for the year following
 1072  the effective date of the exemption.
 1073         (f)Local governments must submit by mail a development
 1074  order to the state land planning agency for projects that would
 1075  be larger than 120 percent of any applicable development-of
 1076  regional-impact threshold and would require development-of
 1077  regional-impact review but for the exemption from the program
 1078  under paragraph (a). For such development orders, the state land
 1079  planning agency may appeal the development order pursuant to s.
 1080  380.07 for inconsistency with the comprehensive plan adopted
 1081  under chapter 163.
 1082         (g)If a local government that qualifies as a dense urban
 1083  land area under this subsection is subsequently found to be
 1084  ineligible for designation as a dense urban land area, any
 1085  development located within that area which has a complete,
 1086  pending application for authorization to commence development
 1087  may maintain the exemption if the developer is continuing the
 1088  application process in good faith or the development is
 1089  approved.
 1090         (h)This subsection does not limit or modify the rights of
 1091  any person to complete any development that has been authorized
 1092  as a development of regional impact pursuant to this chapter.
 1093         (i)This subsection does not apply to areas:
 1094         1.Within the boundary of any area of critical state
 1095  concern designated pursuant to s. 380.05;
 1096         2.Within the boundary of the Wekiva Study Area as
 1097  described in s. 369.316; or
 1098         3.Within 2 miles of the boundary of the Everglades
 1099  Protection Area as described in s. 373.4592(2).
 1100         Section 10. Paragraph (d) of subsection (3) of section
 1101  163.31801, Florida Statutes, is amended to read:
 1102         163.31801 Impact fees; short title; intent; definitions;
 1103  ordinances levying impact fees.—
 1104         (3) An impact fee adopted by ordinance of a county or
 1105  municipality or by resolution of a special district must, at
 1106  minimum:
 1107         (d) Require that notice be provided no less than 90 days
 1108  before the effective date of an ordinance or resolution imposing
 1109  a new or increased amended impact fee. A county or municipality
 1110  is not required to wait 90 days to decrease, suspend, or
 1111  eliminate an impact fee.
 1112         Section 11. Section 171.091, Florida Statutes, is amended
 1113  to read:
 1114         171.091 Recording.—Any change in the municipal boundaries
 1115  through annexation or contraction shall revise the charter
 1116  boundary article and shall be filed as a revision of the charter
 1117  with the Department of State within 30 days. A copy of such
 1118  revision must be submitted to the Office of Economic and
 1119  Demographic Research along with a statement specifying the
 1120  population census effect and the affected land area.
 1121         Section 12. Section 186.509, Florida Statutes, is amended
 1122  to read:
 1123         186.509 Dispute resolution process.—Each regional planning
 1124  council shall establish by rule a dispute resolution process to
 1125  reconcile differences on planning and growth management issues
 1126  between local governments, regional agencies, and private
 1127  interests. The dispute resolution process shall, within a
 1128  reasonable set of timeframes, provide for: voluntary meetings
 1129  among the disputing parties; if those meetings fail to resolve
 1130  the dispute, initiation of mandatory voluntary mediation or a
 1131  similar process; if that process fails, initiation of
 1132  arbitration or administrative or judicial action, where
 1133  appropriate. The council shall not utilize the dispute
 1134  resolution process to address disputes involving environmental
 1135  permits or other regulatory matters unless requested to do so by
 1136  the parties. The resolution of any issue through the dispute
 1137  resolution process shall not alter any person’s right to a
 1138  judicial determination of any issue if that person is entitled
 1139  to such a determination under statutory or common law.
 1140         Section 13. The Legislature finds that this act fulfills an
 1141  important state interest.
 1142         Section 14. This act shall take effect upon becoming a law.