ENROLLED
       2009 Legislature             CS for CS for SB 360, 2nd Engrossed
       
       
       
       
       
       
                                                              2009360er
    1  
    2         An act relating to growth management; providing a
    3         short title; amending s. 163.3164, F.S.; revising the
    4         definition of the term “existing urban service area”;
    5         providing a definition for the term “dense urban land
    6         area” and providing requirements of the Office of
    7         Economic and Demographic Research and the state land
    8         planning agency with respect thereto; amending s.
    9         163.3177, F.S.; revising requirements for adopting
   10         amendments to the capital improvements element of a
   11         local comprehensive plan; revising requirements for
   12         future land use plan elements and intergovernmental
   13         coordination elements of a local comprehensive plan;
   14         revising requirements for the public school facilities
   15         element implementing a school concurrency program;
   16         deleting a penalty for local governments that fail to
   17         adopt a public school facilities element and
   18         interlocal agreement; authorizing the Administration
   19         Commission to impose sanctions; deleting authority of
   20         the Administration Commission to impose sanctions on a
   21         school board; amending s. 163.3180, F.S.; revising
   22         concurrency requirements; providing legislative
   23         findings relating to transportation concurrency
   24         exception areas; providing for the applicability of
   25         transportation concurrency exception areas; deleting
   26         certain requirements for transportation concurrency
   27         exception areas; providing that the designation of a
   28         transportation concurrency exception area does not
   29         limit a local government’s home rule power to adopt
   30         ordinances or impose fees and does not affect any
   31         contract or agreement entered into or development
   32         order rendered before such designation; requiring the
   33         Office of Program Policy Analysis and Government
   34         Accountability to submit a report to the Legislature
   35         concerning the effects of the transportation
   36         concurrency exception areas; authorizing local
   37         governments to provide for a waiver of transportation
   38         concurrency requirements for certain projects under
   39         certain circumstances; revising school concurrency
   40         requirements; requiring charter schools to be
   41         considered as a mitigation option under certain
   42         circumstances; amending s. 163.31801, F.S.; revising
   43         requirements for adoption of impact fees; creating s.
   44         163.31802, F.S.; prohibiting establishment of local
   45         standards for security cameras requiring businesses to
   46         expend funds to enhance local governmental services or
   47         functions under certain circumstances; amending s.
   48         163.3184, F.S.; revising a definition; requiring local
   49         governments to consider applications for certain
   50         zoning changes required to comply with proposed plan
   51         amendments; amending s. 163.3187, F.S.; revising
   52         certain comprehensive plan amendments that are exempt
   53         from the twice-per-year limitation; exempting certain
   54         additional comprehensive plan amendments from the
   55         twice-per-year limitation; amending s. 163.32465,
   56         F.S.; authorizing local governments to use the
   57         alternative state review process to designate urban
   58         service areas; amending s. 171.091, F.S.; requiring
   59         that a municipality submit a copy of any revision to
   60         the charter boundary article which results from an
   61         annexation or contraction to the Office of Economic
   62         and Demographic Research; amending s. 186.509, F.S.;
   63         revising provisions relating to a dispute resolution
   64         process to reconcile differences on planning and
   65         growth management issues between certain parties of
   66         interest; providing for mandatory mediation; amending
   67         s. 380.06, F.S.; specifying levels of service required
   68         in the transportation methodology to be the same
   69         levels of service used to evaluate concurrency;
   70         revising statutory exemptions from the development of
   71         the regional impact review process; providing
   72         exemptions for dense urban land areas from the
   73         development-of-regional-impact program; providing
   74         exceptions; providing legislative findings and
   75         determinations relating to replacing the existing
   76         transportation concurrency system with a mobility fee
   77         system; requiring the state land planning agency and
   78         the Department of Transportation to continue mobility
   79         fee studies; requiring a joint report on a mobility
   80         fee methodology study to the Legislature; specifying
   81         report requirements; correcting cross-references;
   82         providing for extending and renewing certain permits
   83         subject to certain expiration dates; providing for
   84         application of the extension to certain related
   85         activities; providing for extension of commencement
   86         and completion dates; requiring permitholders to
   87         notify authorizing agencies of intent to use the
   88         extension and anticipated time of the extension;
   89         specifying nonapplication to certain permits;
   90         providing for application of certain rules to extended
   91         permits; preserving the authority of counties and
   92         municipalities to impose certain security and sanitary
   93         requirements on property owners under certain
   94         circumstances; requiring permitholders to notify
   95         permitting agencies of intent to use the extension;
   96         amending s. 159.807, F.S.; providing limitations on
   97         the Florida Housing Finance Corporation’s access to
   98         the state allocation pool; deleting a provision
   99         exempting the corporation from the applicability of
  100         certain uses of the state allocation pool; creating s.
  101         193.018, F.S.; providing for the assessment of
  102         property receiving the low-income housing tax credit;
  103         defining the term “community land trust”; providing
  104         for the assessment of structural improvements,
  105         condominium parcels, and cooperative parcels on land
  106         owned by a community land trust and used to provide
  107         affordable housing; providing for the conveyance of
  108         structural improvements, condominium parcels, and
  109         cooperative parcels subject to certain conditions;
  110         specifying the criteria to be used in arriving at just
  111         valuation of a structural improvement, condominium
  112         parcel, or cooperative parcel; amending s. 196.196,
  113         F.S.; providing additional criteria for determining
  114         whether certain affordable housing property owned by
  115         certain exempt organizations is entitled to an
  116         exemption from ad valorem taxation; providing a
  117         definition; subjecting organizations owning certain
  118         property to ad valorem taxation under certain
  119         circumstances; providing for tax liens; providing for
  120         penalties and interest; providing an exception;
  121         providing notice requirements; amending s. 196.1978,
  122         F.S.; providing that property owned by certain
  123         nonprofit entities or Florida-based limited
  124         partnerships and used or held for the purpose of
  125         providing affordable housing to certain income
  126         qualified persons is exempt from ad valorem taxation;
  127         revising legislative intent; amending s. 212.055,
  128         F.S.; redefining the term “infrastructure” to allow
  129         the proceeds of a local government infrastructure
  130         surtax to be used to purchase land for certain
  131         purposes relating to construction of affordable
  132         housing; amending s. 163.3202, F.S.; requiring that
  133         local land development regulations maintain the
  134         existing density of residential properties or
  135         recreational vehicle parks under certain
  136         circumstances; amending s. 420.503, F.S.; defining the
  137         term “moderate rehabilitation” for purposes of the
  138         Florida Housing Finance Corporation Act; amending s.
  139         420.507, F.S.; providing the corporation with the
  140         power to provide by rule the criteria for developer
  141         and contractor preference; providing criteria for the
  142         valuation of domicile and experience of developers and
  143         general contractors; amending s. 420.5087, F.S.;
  144         revising purposes for which state apartment incentive
  145         loans may be used; amending s. 420.622, F.S.;
  146         authorizing the agencies that provide a local homeless
  147         assistance continuum of care to use homeless housing
  148         assistance grants, provided by the State Office of
  149         Homelessness within the Department of Children and
  150         Family Services, to acquire transitional or permanent
  151         housing units for homeless persons; creating s.
  152         420.628, F.S.; providing legislative findings and
  153         intent; requiring certain governmental entities to
  154         develop and implement strategies and procedures
  155         designed to increase affordable housing opportunities
  156         for young adults who are leaving the child welfare
  157         system; amending s. 420.9071, F.S.; revising and
  158         providing definitions; amending s. 420.9072, F.S.;
  159         conforming a cross-reference; authorizing counties and
  160         eligible municipalities to use funds from the State
  161         Housing Initiatives Partnership Program to provide
  162         relocation grants for persons who are evicted from
  163         rental properties that are in foreclosure; providing
  164         eligibility requirements for receiving a grant;
  165         providing that authorization for the relocation grants
  166         expires July 1, 2010; amending s. 420.9073, F.S.;
  167         revising the frequency with which local housing
  168         distributions are to be made by the corporation;
  169         authorizing the corporation to withhold funds from the
  170         total distribution annually for specified purposes;
  171         requiring counties and eligible municipalities that
  172         receive local housing distributions to expend those
  173         funds in a specified manner; amending s. 420.9075,
  174         F.S.; requiring that local housing assistance plans
  175         address the special housing needs of persons with
  176         disabilities; authorizing counties and certain
  177         municipalities to assist persons and households
  178         meeting specific income requirements; revising
  179         requirements to be included in the local housing
  180         assistance plan; requiring counties and certain
  181         municipalities to include certain initiatives and
  182         strategies in the local housing assistance plan;
  183         revising criteria that applies to awards made for the
  184         purpose of providing eligible housing; authorizing and
  185         limiting the percentage of funds from the local
  186         housing distribution which may be used for
  187         manufactured housing; extending the expiration date of
  188         an exemption from certain income requirements in
  189         specified areas; providing for retroactive
  190         application; authorizing the use of certain funds for
  191         preconstruction activities; providing that certain
  192         costs are a program expense; authorizing counties and
  193         certain municipalities to award grant funds under
  194         certain conditions; providing for the repayment of
  195         funds by the local housing assistance trust fund;
  196         amending s. 420.9076, F.S.; revising appointments to a
  197         local affordable housing advisory committee; revising
  198         notice requirements for public hearings of the
  199         advisory committee; requiring the committee’s final
  200         report, evaluation, and recommendations to be
  201         submitted to the corporation; deleting cross
  202         references to conform to changes made by the act;
  203         repealing s. 420.9078, F.S., relating to state
  204         administration of funds remaining in the Local
  205         Government Housing Trust Fund; amending s. 420.9079,
  206         F.S.; conforming cross-references; amending s.
  207         1001.43, F.S.; revising district school board powers
  208         and duties in relation to use of land for affordable
  209         housing in certain areas for certain personnel;
  210         providing a legislative declaration of important state
  211         interest; providing an effective date.
  212  
  213  Be It Enacted by the Legislature of the State of Florida:
  214  
  215         Section 1. This act may be cited as the “Community Renewal
  216  Act.”
  217         Section 2. Subsection (29) of section 163.3164, Florida
  218  Statutes, is amended, and subsection (34) is added to that
  219  section, to read:
  220         163.3164 Local Government Comprehensive Planning and Land
  221  Development Regulation Act; definitions.—As used in this act:
  222         (29) “Existing Urban service area” means built-up areas
  223  where public facilities and services, including, but not limited
  224  to, central water and sewer capacity and such as sewage
  225  treatment systems, roads, schools, and recreation areas are
  226  already in place or are committed in the first 3 years of the
  227  capital improvement schedule. In addition, for counties that
  228  qualify as dense urban land areas under subsection (34), the
  229  nonrural area of a county which has adopted into the county
  230  charter a rural area designation or areas identified in the
  231  comprehensive plan as urban service areas or urban growth
  232  boundaries on or before July 1, 2009, are also urban service
  233  areas under this definition.
  234         (34) “Dense urban land area” means:
  235         (a) A municipality that has an average of at least 1,000
  236  people per square mile of land area and a minimum total
  237  population of at least 5,000;
  238         (b) A county, including the municipalities located therein,
  239  which has an average of at least 1,000 people per square mile of
  240  land area; or
  241         (c) A county, including the municipalities located therein,
  242  which has a population of at least 1 million.
  243  
  244  The Office of Economic and Demographic Research within the
  245  Legislature shall annually calculate the population and density
  246  criteria needed to determine which jurisdictions qualify as
  247  dense urban land areas by using the most recent land area data
  248  from the decennial census conducted by the Bureau of the Census
  249  of the United States Department of Commerce and the latest
  250  available population estimates determined pursuant to s.
  251  186.901. If any local government has had an annexation,
  252  contraction, or new incorporation, the Office of Economic and
  253  Demographic Research shall determine the population density
  254  using the new jurisdictional boundaries as recorded in
  255  accordance with s. 171.091. The Office of Economic and
  256  Demographic Research shall submit to the state land planning
  257  agency a list of jurisdictions that meet the total population
  258  and density criteria necessary for designation as a dense urban
  259  land area by July 1, 2009, and every year thereafter. The state
  260  land planning agency shall publish the list of jurisdictions on
  261  its Internet website within 7 days after the list is received.
  262  The designation of jurisdictions that qualify or do not qualify
  263  as a dense urban land area is effective upon publication on the
  264  state land planning agency’s Internet website.
  265         Section 3. Paragraph (b) of subsection (3), paragraph (h)
  266  of subsection (6), and paragraphs (a), (j), and (k) of
  267  subsection (12) of section 163.3177, Florida Statutes, are
  268  amended, and paragraph (f) is added to subsection (3) of that
  269  section, to read:
  270         163.3177 Required and optional elements of comprehensive
  271  plan; studies and surveys.—
  272         (3)
  273         (b)1. The capital improvements element must be reviewed on
  274  an annual basis and modified as necessary in accordance with s.
  275  163.3187 or s. 163.3189 in order to maintain a financially
  276  feasible 5-year schedule of capital improvements. Corrections
  277  and modifications concerning costs; revenue sources; or
  278  acceptance of facilities pursuant to dedications which are
  279  consistent with the plan may be accomplished by ordinance and
  280  shall not be deemed to be amendments to the local comprehensive
  281  plan. A copy of the ordinance shall be transmitted to the state
  282  land planning agency. An amendment to the comprehensive plan is
  283  required to update the schedule on an annual basis or to
  284  eliminate, defer, or delay the construction for any facility
  285  listed in the 5-year schedule. All public facilities must be
  286  consistent with the capital improvements element. The annual
  287  update to the capital improvements element of the comprehensive
  288  plan need not comply with the financial feasibility requirement
  289  until December 1, 2011. Amendments to implement this section
  290  must be adopted and transmitted no later than December 1, 2008.
  291  Thereafter, a local government may not amend its future land use
  292  map, except for plan amendments to meet new requirements under
  293  this part and emergency amendments pursuant to s.
  294  163.3187(1)(a), after December 1, 2011 2008, and every year
  295  thereafter, unless and until the local government has adopted
  296  the annual update and it has been transmitted to the state land
  297  planning agency.
  298         2. Capital improvements element amendments adopted after
  299  the effective date of this act shall require only a single
  300  public hearing before the governing board which shall be an
  301  adoption hearing as described in s. 163.3184(7). Such amendments
  302  are not subject to the requirements of s. 163.3184(3)-(6).
  303         (f) A local government’s comprehensive plan and plan
  304  amendments for land uses within all transportation concurrency
  305  exception areas that are designated and maintained in accordance
  306  with s. 163.3180(5) shall be deemed to meet the requirement to
  307  achieve and maintain level-of-service standards for
  308  transportation.
  309         (6) In addition to the requirements of subsections (1)-(5)
  310  and (12), the comprehensive plan shall include the following
  311  elements:
  312         (h)1. An intergovernmental coordination element showing
  313  relationships and stating principles and guidelines to be used
  314  in the accomplishment of coordination of the adopted
  315  comprehensive plan with the plans of school boards, regional
  316  water supply authorities, and other units of local government
  317  providing services but not having regulatory authority over the
  318  use of land, with the comprehensive plans of adjacent
  319  municipalities, the county, adjacent counties, or the region,
  320  with the state comprehensive plan and with the applicable
  321  regional water supply plan approved pursuant to s. 373.0361, as
  322  the case may require and as such adopted plans or plans in
  323  preparation may exist. This element of the local comprehensive
  324  plan shall demonstrate consideration of the particular effects
  325  of the local plan, when adopted, upon the development of
  326  adjacent municipalities, the county, adjacent counties, or the
  327  region, or upon the state comprehensive plan, as the case may
  328  require.
  329         a. The intergovernmental coordination element shall provide
  330  for procedures to identify and implement joint planning areas,
  331  especially for the purpose of annexation, municipal
  332  incorporation, and joint infrastructure service areas.
  333         b. The intergovernmental coordination element shall provide
  334  for recognition of campus master plans prepared pursuant to s.
  335  1013.30.
  336         c. The intergovernmental coordination element shall may
  337  provide for a voluntary dispute resolution process as
  338  established pursuant to s. 186.509 for bringing to closure in a
  339  timely manner intergovernmental disputes. A local government may
  340  develop and use an alternative local dispute resolution process
  341  for this purpose.
  342         2. The intergovernmental coordination element shall further
  343  state principles and guidelines to be used in the accomplishment
  344  of coordination of the adopted comprehensive plan with the plans
  345  of school boards and other units of local government providing
  346  facilities and services but not having regulatory authority over
  347  the use of land. In addition, the intergovernmental coordination
  348  element shall describe joint processes for collaborative
  349  planning and decisionmaking on population projections and public
  350  school siting, the location and extension of public facilities
  351  subject to concurrency, and siting facilities with countywide
  352  significance, including locally unwanted land uses whose nature
  353  and identity are established in an agreement. Within 1 year of
  354  adopting their intergovernmental coordination elements, each
  355  county, all the municipalities within that county, the district
  356  school board, and any unit of local government service providers
  357  in that county shall establish by interlocal or other formal
  358  agreement executed by all affected entities, the joint processes
  359  described in this subparagraph consistent with their adopted
  360  intergovernmental coordination elements.
  361         3. To foster coordination between special districts and
  362  local general-purpose governments as local general-purpose
  363  governments implement local comprehensive plans, each
  364  independent special district must submit a public facilities
  365  report to the appropriate local government as required by s.
  366  189.415.
  367         4.a. Local governments must execute an interlocal agreement
  368  with the district school board, the county, and nonexempt
  369  municipalities pursuant to s. 163.31777. The local government
  370  shall amend the intergovernmental coordination element to
  371  provide that coordination between the local government and
  372  school board is pursuant to the agreement and shall state the
  373  obligations of the local government under the agreement.
  374         b. Plan amendments that comply with this subparagraph are
  375  exempt from the provisions of s. 163.3187(1).
  376         5. The state land planning agency shall establish a
  377  schedule for phased completion and transmittal of plan
  378  amendments to implement subparagraphs 1., 2., and 3. from all
  379  jurisdictions so as to accomplish their adoption by December 31,
  380  1999. A local government may complete and transmit its plan
  381  amendments to carry out these provisions prior to the scheduled
  382  date established by the state land planning agency. The plan
  383  amendments are exempt from the provisions of s. 163.3187(1).
  384         6. By January 1, 2004, any county having a population
  385  greater than 100,000, and the municipalities and special
  386  districts within that county, shall submit a report to the
  387  Department of Community Affairs which:
  388         a. Identifies all existing or proposed interlocal service
  389  delivery agreements regarding the following: education; sanitary
  390  sewer; public safety; solid waste; drainage; potable water;
  391  parks and recreation; and transportation facilities.
  392         b. Identifies any deficits or duplication in the provision
  393  of services within its jurisdiction, whether capital or
  394  operational. Upon request, the Department of Community Affairs
  395  shall provide technical assistance to the local governments in
  396  identifying deficits or duplication.
  397         7. Within 6 months after submission of the report, the
  398  Department of Community Affairs shall, through the appropriate
  399  regional planning council, coordinate a meeting of all local
  400  governments within the regional planning area to discuss the
  401  reports and potential strategies to remedy any identified
  402  deficiencies or duplications.
  403         8. Each local government shall update its intergovernmental
  404  coordination element based upon the findings in the report
  405  submitted pursuant to subparagraph 6. The report may be used as
  406  supporting data and analysis for the intergovernmental
  407  coordination element.
  408         (12) A public school facilities element adopted to
  409  implement a school concurrency program shall meet the
  410  requirements of this subsection. Each county and each
  411  municipality within the county, unless exempt or subject to a
  412  waiver, must adopt a public school facilities element that is
  413  consistent with those adopted by the other local governments
  414  within the county and enter the interlocal agreement pursuant to
  415  s. 163.31777.
  416         (a) The state land planning agency may provide a waiver to
  417  a county and to the municipalities within the county if the
  418  capacity rate for all schools within the school district is no
  419  greater than 100 percent and the projected 5-year capital outlay
  420  full-time equivalent student growth rate is less than 10
  421  percent. The state land planning agency may allow for a
  422  projected 5-year capital outlay full-time equivalent student
  423  growth rate to exceed 10 percent when the projected 10-year
  424  capital outlay full-time equivalent student enrollment is less
  425  than 2,000 students and the capacity rate for all schools within
  426  the school district in the tenth year will not exceed the 100
  427  percent limitation. The state land planning agency may allow for
  428  a single school to exceed the 100-percent limitation if it can
  429  be demonstrated that the capacity rate for that single school is
  430  not greater than 105 percent. In making this determination, the
  431  state land planning agency shall consider the following
  432  criteria:
  433         1. Whether the exceedance is due to temporary
  434  circumstances;
  435         2. Whether the projected 5-year capital outlay full time
  436  equivalent student growth rate for the school district is
  437  approaching the 10-percent threshold;
  438         3. Whether one or more additional schools within the school
  439  district are at or approaching the 100-percent threshold; and
  440         4. The adequacy of the data and analysis submitted to
  441  support the waiver request.
  442         (j) Failure to adopt the public school facilities element,
  443  to enter into an approved interlocal agreement as required by
  444  subparagraph (6)(h)2. and s. 163.31777, or to amend the
  445  comprehensive plan as necessary to implement school concurrency,
  446  according to the phased schedule, shall result in a local
  447  government being prohibited from adopting amendments to the
  448  comprehensive plan which increase residential density until the
  449  necessary amendments have been adopted and transmitted to the
  450  state land planning agency.
  451         (j)(k) The state land planning agency may issue the school
  452  board a notice to the school board and the local government to
  453  show cause why sanctions should not be enforced for failure to
  454  enter into an approved interlocal agreement as required by s.
  455  163.31777 or for failure to implement the provisions of this act
  456  relating to public school concurrency. If the state land
  457  planning agency finds that insufficient cause exists for the
  458  school board’s or local government’s failure to enter into an
  459  approved interlocal agreement as required by s. 163.31777 or for
  460  the school board’s or local government’s failure to implement
  461  the provisions relating to public school concurrency, the state
  462  land planning agency shall submit its finding to the
  463  Administration Commission which may impose on the local
  464  government any of the sanctions set forth in s. 163.3184(11)(a)
  465  and (b) and may impose on the district school board any of the
  466  sanctions set forth in s. 1008.32(4). The school board may be
  467  subject to sanctions imposed by the Administration Commission
  468  directing the Department of Education to withhold from the
  469  district school board an equivalent amount of funds for school
  470  construction available pursuant to ss. 1013.65, 1013.68,
  471  1013.70, and 1013.72.
  472         Section 4. Subsections (5) and (10) and paragraphs (b) and
  473  (e) of subsection (13) of section 163.3180, Florida Statutes,
  474  are amended to read:
  475         163.3180 Concurrency.—
  476         (5)(a) The Legislature finds that under limited
  477  circumstances dealing with transportation facilities,
  478  countervailing planning and public policy goals may come into
  479  conflict with the requirement that adequate public
  480  transportation facilities and services be available concurrent
  481  with the impacts of such development. The Legislature further
  482  finds that often the unintended result of the concurrency
  483  requirement for transportation facilities is often the
  484  discouragement of urban infill development and redevelopment.
  485  Such unintended results directly conflict with the goals and
  486  policies of the state comprehensive plan and the intent of this
  487  part. The Legislature also finds that in urban centers
  488  transportation cannot be effectively managed and mobility cannot
  489  be improved solely through the expansion of roadway capacity,
  490  that the expansion of roadway capacity is not always physically
  491  or financially possible, and that a range of transportation
  492  alternatives are essential to satisfy mobility needs, reduce
  493  congestion, and achieve healthy, vibrant centers. Therefore,
  494  exceptions from the concurrency requirement for transportation
  495  facilities may be granted as provided by this subsection.
  496         (b)1. The following are transportation concurrency
  497  exception areas:
  498         a. A municipality that qualifies as a dense urban land area
  499  under s. 163.3164;
  500         b. An urban service area under s. 163.3164 that has been
  501  adopted into the local comprehensive plan and is located within
  502  a county that qualifies as a dense urban land area under s.
  503  163.3164; and
  504         c. A county, including the municipalities located therein,
  505  which has a population of at least 900,000 and qualifies as a
  506  dense urban land area under s. 163.3164, but does not have an
  507  urban service area designated in the local comprehensive plan.
  508         2. A municipality that does not qualify as a dense urban
  509  land area pursuant to s. 163.3164 may designate in its local
  510  comprehensive plan the following areas as transportation
  511  concurrency exception areas:
  512         a. Urban infill as defined in s. 163.3164;
  513         b. Community redevelopment areas as defined in s. 163.340;
  514         c. Downtown revitalization areas as defined in s. 163.3164;
  515         d. Urban infill and redevelopment under s. 163.2517; or
  516         e. Urban service areas as defined in s. 163.3164 or areas
  517  within a designated urban service boundary under s.
  518  163.3177(14).
  519         3. A county that does not qualify as a dense urban land
  520  area pursuant to s. 163.3164 may designate in its local
  521  comprehensive plan the following areas as transportation
  522  concurrency exception areas:
  523         a. Urban infill as defined in s. 163.3164;
  524         b. Urban infill and redevelopment under s. 163.2517; or
  525         c. Urban service areas as defined in s. 163.3164.
  526         4. A local government that has a transportation concurrency
  527  exception area designated pursuant to subparagraph 1.,
  528  subparagraph 2., or subparagraph 3. shall, within 2 years after
  529  the designated area becomes exempt, adopt into its local
  530  comprehensive plan land use and transportation strategies to
  531  support and fund mobility within the exception area, including
  532  alternative modes of transportation. Local governments are
  533  encouraged to adopt complementary land use and transportation
  534  strategies that reflect the region’s shared vision for its
  535  future. If the state land planning agency finds insufficient
  536  cause for the failure to adopt into its comprehensive plan land
  537  use and transportation strategies to support and fund mobility
  538  within the designated exception area after 2 years, it shall
  539  submit the finding to the Administration Commission, which may
  540  impose any of the sanctions set forth in s. 163.3184(11)(a) and
  541  (b) against the local government.
  542         5. Transportation concurrency exception areas designated
  543  pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
  544  do not apply to designated transportation concurrency districts
  545  located within a county that has a population of at least 1.5
  546  million, has implemented and uses a transportation-related
  547  concurrency assessment to support alternative modes of
  548  transportation, including, but not limited to, mass transit, and
  549  does not levy transportation impact fees within the concurrency
  550  district.
  551         6. Transportation concurrency exception areas designated
  552  under subparagraph 1., subparagraph 2., or subparagraph 3. do
  553  not apply in any county that has exempted more than 40 percent
  554  of the area inside the urban service area from transportation
  555  concurrency for the purpose of urban infill.
  556         7. A local government that does not have a transportation
  557  concurrency exception area designated pursuant to subparagraph
  558  1., subparagraph 2., or subparagraph 3. may grant an exception
  559  from the concurrency requirement for transportation facilities
  560  if the proposed development is otherwise consistent with the
  561  adopted local government comprehensive plan and is a project
  562  that promotes public transportation or is located within an area
  563  designated in the comprehensive plan for:
  564         a.1. Urban infill development;
  565         b.2. Urban redevelopment;
  566         c.3. Downtown revitalization;
  567         d.4. Urban infill and redevelopment under s. 163.2517; or
  568         e.5. An urban service area specifically designated as a
  569  transportation concurrency exception area which includes lands
  570  appropriate for compact, contiguous urban development, which
  571  does not exceed the amount of land needed to accommodate the
  572  projected population growth at densities consistent with the
  573  adopted comprehensive plan within the 10-year planning period,
  574  and which is served or is planned to be served with public
  575  facilities and services as provided by the capital improvements
  576  element.
  577         (c) The Legislature also finds that developments located
  578  within urban infill, urban redevelopment, existing urban
  579  service, or downtown revitalization areas or areas designated as
  580  urban infill and redevelopment areas under s. 163.2517, which
  581  pose only special part-time demands on the transportation
  582  system, are exempt should be excepted from the concurrency
  583  requirement for transportation facilities. A special part-time
  584  demand is one that does not have more than 200 scheduled events
  585  during any calendar year and does not affect the 100 highest
  586  traffic volume hours.
  587         (d) Except for transportation concurrency exception areas
  588  designated pursuant to subparagraph (b)1., subparagraph (b)2.,
  589  or subparagraph (b)3., the following requirements apply: A local
  590  government shall establish guidelines in the comprehensive plan
  591  for granting the exceptions authorized in paragraphs (b) and (c)
  592  and subsections (7) and (15) which must be consistent with and
  593  support a comprehensive strategy adopted in the plan to promote
  594  the purpose of the exceptions.
  595         1.(e) The local government shall both adopt into the
  596  comprehensive plan and implement long-term strategies to support
  597  and fund mobility within the designated exception area,
  598  including alternative modes of transportation. The plan
  599  amendment must also demonstrate how strategies will support the
  600  purpose of the exception and how mobility within the designated
  601  exception area will be provided.
  602         2.In addition, The strategies must address urban design;
  603  appropriate land use mixes, including intensity and density; and
  604  network connectivity plans needed to promote urban infill,
  605  redevelopment, or downtown revitalization. The comprehensive
  606  plan amendment designating the concurrency exception area must
  607  be accompanied by data and analysis supporting the local
  608  government’s determination of the boundaries of the
  609  transportation concurrency exception justifying the size of the
  610  area.
  611         (e)(f)Before designating Prior to the designation of a
  612  concurrency exception area pursuant to subparagraph (b)6., the
  613  state land planning agency and the Department of Transportation
  614  shall be consulted by the local government to assess the impact
  615  that the proposed exception area is expected to have on the
  616  adopted level-of-service standards established for regional
  617  transportation facilities identified pursuant to s. 186.507,
  618  including the Strategic Intermodal System facilities, as defined
  619  in s. 339.64, and roadway facilities funded in accordance with
  620  s. 339.2819. Further, the local government shall provide a plan
  621  for the mitigation of, in consultation with the state land
  622  planning agency and the Department of Transportation, develop a
  623  plan to mitigate any impacts to the Strategic Intermodal System,
  624  including, if appropriate, access management, parallel reliever
  625  roads, transportation demand management, and other measures the
  626  development of a long-term concurrency management system
  627  pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
  628  may be available only within the specific geographic area of the
  629  jurisdiction designated in the plan. Pursuant to s. 163.3184,
  630  any affected person may challenge a plan amendment establishing
  631  these guidelines and the areas within which an exception could
  632  be granted.
  633         (g) Transportation concurrency exception areas existing
  634  prior to July 1, 2005, must, at a minimum, meet the provisions
  635  of this section by July 1, 2006, or at the time of the
  636  comprehensive plan update pursuant to the evaluation and
  637  appraisal report, whichever occurs last.
  638         (f) The designation of a transportation concurrency
  639  exception area does not limit a local government’s home rule
  640  power to adopt ordinances or impose fees. This subsection does
  641  not affect any contract or agreement entered into or development
  642  order rendered before the creation of the transportation
  643  concurrency exception area except as provided in s.
  644  380.06(29)(e).
  645         (g) The Office of Program Policy Analysis and Government
  646  Accountability shall submit to the President of the Senate and
  647  the Speaker of the House of Representatives by February 1, 2015,
  648  a report on transportation concurrency exception areas created
  649  pursuant to this subsection. At a minimum, the report shall
  650  address the methods that local governments have used to
  651  implement and fund transportation strategies to achieve the
  652  purposes of designated transportation concurrency exception
  653  areas, and the effects of the strategies on mobility,
  654  congestion, urban design, the density and intensity of land use
  655  mixes, and network connectivity plans used to promote urban
  656  infill, redevelopment, or downtown revitalization.
  657         (10) Except in transportation concurrency exception areas,
  658  with regard to roadway facilities on the Strategic Intermodal
  659  System designated in accordance with s. ss.339.61, 339.62,
  660  339.63 , and 339.64, the Florida Intrastate Highway System as
  661  defined in s. 338.001, and roadway facilities funded in
  662  accordance with s. 339.2819, local governments shall adopt the
  663  level-of-service standard established by the Department of
  664  Transportation by rule. However, if the Office of Tourism,
  665  Trade, and Economic Development concurs in writing with the
  666  local government that the proposed development is for a
  667  qualified job creation project under s. 288.0656 or s. 403.973,
  668  the affected local government, after consulting with the
  669  Department of Transportation, may provide for a waiver of
  670  transportation concurrency for the project. For all other roads
  671  on the State Highway System, local governments shall establish
  672  an adequate level-of-service standard that need not be
  673  consistent with any level-of-service standard established by the
  674  Department of Transportation. In establishing adequate level-of
  675  service standards for any arterial roads, or collector roads as
  676  appropriate, which traverse multiple jurisdictions, local
  677  governments shall consider compatibility with the roadway
  678  facility’s adopted level-of-service standards in adjacent
  679  jurisdictions. Each local government within a county shall use a
  680  professionally accepted methodology for measuring impacts on
  681  transportation facilities for the purposes of implementing its
  682  concurrency management system. Counties are encouraged to
  683  coordinate with adjacent counties, and local governments within
  684  a county are encouraged to coordinate, for the purpose of using
  685  common methodologies for measuring impacts on transportation
  686  facilities for the purpose of implementing their concurrency
  687  management systems.
  688         (13) School concurrency shall be established on a
  689  districtwide basis and shall include all public schools in the
  690  district and all portions of the district, whether located in a
  691  municipality or an unincorporated area unless exempt from the
  692  public school facilities element pursuant to s. 163.3177(12).
  693  The application of school concurrency to development shall be
  694  based upon the adopted comprehensive plan, as amended. All local
  695  governments within a county, except as provided in paragraph
  696  (f), shall adopt and transmit to the state land planning agency
  697  the necessary plan amendments, along with the interlocal
  698  agreement, for a compliance review pursuant to s. 163.3184(7)
  699  and (8). The minimum requirements for school concurrency are the
  700  following:
  701         (b) Level-of-service standards.—The Legislature recognizes
  702  that an essential requirement for a concurrency management
  703  system is the level of service at which a public facility is
  704  expected to operate.
  705         1. Local governments and school boards imposing school
  706  concurrency shall exercise authority in conjunction with each
  707  other to establish jointly adequate level-of-service standards,
  708  as defined in chapter 9J-5, Florida Administrative Code,
  709  necessary to implement the adopted local government
  710  comprehensive plan, based on data and analysis.
  711         2. Public school level-of-service standards shall be
  712  included and adopted into the capital improvements element of
  713  the local comprehensive plan and shall apply districtwide to all
  714  schools of the same type. Types of schools may include
  715  elementary, middle, and high schools as well as special purpose
  716  facilities such as magnet schools.
  717         3. Local governments and school boards shall have the
  718  option to utilize tiered level-of-service standards to allow
  719  time to achieve an adequate and desirable level of service as
  720  circumstances warrant.
  721         4. For the purpose of determining whether levels of service
  722  have been achieved, for the first 3 years of school concurrency
  723  implementation, a school district that includes relocatable
  724  facilities in its inventory of student stations shall include
  725  the capacity of such relocatable facilities as provided in s.
  726  1013.35(2)(b)2.f., provided the relocatable facilities were
  727  purchased after 1998 and the relocatable facilities meet the
  728  standards for long-term use pursuant to s. 1013.20.
  729         (e) Availability standard.—Consistent with the public
  730  welfare, a local government may not deny an application for site
  731  plan, final subdivision approval, or the functional equivalent
  732  for a development or phase of a development authorizing
  733  residential development for failure to achieve and maintain the
  734  level-of-service standard for public school capacity in a local
  735  school concurrency management system where adequate school
  736  facilities will be in place or under actual construction within
  737  3 years after the issuance of final subdivision or site plan
  738  approval, or the functional equivalent. School concurrency is
  739  satisfied if the developer executes a legally binding commitment
  740  to provide mitigation proportionate to the demand for public
  741  school facilities to be created by actual development of the
  742  property, including, but not limited to, the options described
  743  in subparagraph 1. Options for proportionate-share mitigation of
  744  impacts on public school facilities must be established in the
  745  public school facilities element and the interlocal agreement
  746  pursuant to s. 163.31777.
  747         1. Appropriate mitigation options include the contribution
  748  of land; the construction, expansion, or payment for land
  749  acquisition or construction of a public school facility; the
  750  construction of a charter school that complies with the
  751  requirements of s. 1002.33(18); or the creation of mitigation
  752  banking based on the construction of a public school facility in
  753  exchange for the right to sell capacity credits. Such options
  754  must include execution by the applicant and the local government
  755  of a development agreement that constitutes a legally binding
  756  commitment to pay proportionate-share mitigation for the
  757  additional residential units approved by the local government in
  758  a development order and actually developed on the property,
  759  taking into account residential density allowed on the property
  760  prior to the plan amendment that increased the overall
  761  residential density. The district school board must be a party
  762  to such an agreement. As a condition of its entry into such a
  763  development agreement, the local government may require the
  764  landowner to agree to continuing renewal of the agreement upon
  765  its expiration.
  766         2. If the education facilities plan and the public
  767  educational facilities element authorize a contribution of land;
  768  the construction, expansion, or payment for land acquisition; or
  769  the construction or expansion of a public school facility, or a
  770  portion thereof; or the construction of a charter school that
  771  complies with the requirements of s. 1002.33(18), as
  772  proportionate-share mitigation, the local government shall
  773  credit such a contribution, construction, expansion, or payment
  774  toward any other impact fee or exaction imposed by local
  775  ordinance for the same need, on a dollar-for-dollar basis at
  776  fair market value.
  777         3. Any proportionate-share mitigation must be directed by
  778  the school board toward a school capacity improvement identified
  779  in a financially feasible 5-year district work plan that
  780  satisfies the demands created by the development in accordance
  781  with a binding developer’s agreement.
  782         4. If a development is precluded from commencing because
  783  there is inadequate classroom capacity to mitigate the impacts
  784  of the development, the development may nevertheless commence if
  785  there are accelerated facilities in an approved capital
  786  improvement element scheduled for construction in year four or
  787  later of such plan which, when built, will mitigate the proposed
  788  development, or if such accelerated facilities will be in the
  789  next annual update of the capital facilities element, the
  790  developer enters into a binding, financially guaranteed
  791  agreement with the school district to construct an accelerated
  792  facility within the first 3 years of an approved capital
  793  improvement plan, and the cost of the school facility is equal
  794  to or greater than the development’s proportionate share. When
  795  the completed school facility is conveyed to the school
  796  district, the developer shall receive impact fee credits usable
  797  within the zone where the facility is constructed or any
  798  attendance zone contiguous with or adjacent to the zone where
  799  the facility is constructed.
  800         5. This paragraph does not limit the authority of a local
  801  government to deny a development permit or its functional
  802  equivalent pursuant to its home rule regulatory powers, except
  803  as provided in this part.
  804         Section 5. Paragraph (d) of subsection (3) of section
  805  163.31801, Florida Statutes, is amended to read:
  806         163.31801 Impact fees; short title; intent; definitions;
  807  ordinances levying impact fees.—
  808         (3) An impact fee adopted by ordinance of a county or
  809  municipality or by resolution of a special district must, at
  810  minimum:
  811         (d) Require that notice be provided no less than 90 days
  812  before the effective date of an ordinance or resolution imposing
  813  a new or increased amended impact fee. A county or municipality
  814  is not required to wait 90 days to decrease, suspend, or
  815  eliminate an impact fee.
  816         Section 6. Section 163.31802, Florida Statutes, is created
  817  to read:
  818         163.31802 Prohibited standards for security devices.—A
  819  county, municipality, or other entity of local government may
  820  not adopt or maintain in effect an ordinance or rule that
  821  establishes standards for security cameras that require a lawful
  822  business to expend funds to enhance the services or functions
  823  provided by local government unless specifically provided by
  824  general law. Nothing in this section shall be construed to limit
  825  the ability of a county, municipality, airport, seaport, or
  826  other local governmental entity to adopt standards for security
  827  cameras in publicly operated facilities, including standards for
  828  private businesses operating within such public facilities
  829  pursuant to a lease or other contractual arrangement.
  830         Section 7. Paragraph (b) of subsection (1) of section
  831  163.3184, Florida Statutes, is amended, and paragraph (e) is
  832  added to subsection (3) of that section, to read:
  833         163.3184 Process for adoption of comprehensive plan or plan
  834  amendment.—
  835         (1) DEFINITIONS.—As used in this section, the term:
  836         (b) “In compliance” means consistent with the requirements
  837  of ss. 163.3177, when a local government adopts an educational
  838  facilities element, 163.3178, 163.3180, 163.3191, and 163.3245,
  839  with the state comprehensive plan, with the appropriate
  840  strategic regional policy plan, and with chapter 9J-5, Florida
  841  Administrative Code, where such rule is not inconsistent with
  842  this part and with the principles for guiding development in
  843  designated areas of critical state concern and with part III of
  844  chapter 369, where applicable.
  845         (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
  846  AMENDMENT.—
  847         (e) At the request of an applicant, a local government
  848  shall consider an application for zoning changes that would be
  849  required to properly enact the provisions of any proposed plan
  850  amendment transmitted pursuant to this subsection. Zoning
  851  changes approved by the local government are contingent upon the
  852  comprehensive plan or plan amendment transmitted becoming
  853  effective.
  854         Section 8. Paragraphs (b) and (f) of subsection (1) of
  855  section 163.3187, Florida Statutes, are amended, and paragraph
  856  (q) is added to that subsection, to read:
  857         163.3187 Amendment of adopted comprehensive plan.—
  858         (1) Amendments to comprehensive plans adopted pursuant to
  859  this part may be made not more than two times during any
  860  calendar year, except:
  861         (b) Any local government comprehensive plan amendments
  862  directly related to a proposed development of regional impact,
  863  including changes which have been determined to be substantial
  864  deviations and including Florida Quality Developments pursuant
  865  to s. 380.061, may be initiated by a local planning agency and
  866  considered by the local governing body at the same time as the
  867  application for development approval using the procedures
  868  provided for local plan amendment in this section and applicable
  869  local ordinances, without regard to statutory or local ordinance
  870  limits on the frequency of consideration of amendments to the
  871  local comprehensive plan. Nothing in this subsection shall be
  872  deemed to require favorable consideration of a plan amendment
  873  solely because it is related to a development of regional
  874  impact.
  875         (f) Any comprehensive plan amendment that changes the
  876  schedule in The capital improvements element annual update
  877  required in s. 163.3177(3)(b)1., and any amendments directly
  878  related to the schedule, may be made once in a calendar year on
  879  a date different from the two times provided in this subsection
  880  when necessary to coincide with the adoption of the local
  881  government’s budget and capital improvements program.
  882         (q) Any local government plan amendment to designate an
  883  urban service area as a transportation concurrency exception
  884  area under s. 163.3180(5)(b)2. or 3. and an area exempt from the
  885  development-of-regional-impact process under s. 380.06(29).
  886         Section 9. Subsection (2) of section 163.32465, Florida
  887  Statutes, is amended to read:
  888         163.32465 State review of local comprehensive plans in
  889  urban areas.—
  890         (2) ALTERNATIVE STATE REVIEW PROCESS PILOT PROGRAM.
  891  Pinellas and Broward Counties, and the municipalities within
  892  these counties, and Jacksonville, Miami, Tampa, and Hialeah
  893  shall follow an alternative state review process provided in
  894  this section. Municipalities within the pilot counties may
  895  elect, by super majority vote of the governing body, not to
  896  participate in the pilot program. In addition to the pilot
  897  program jurisdictions, any local government may use the
  898  alternative state review process to designate an urban service
  899  area as defined in s. 163.3164(29) in its comprehensive plan.
  900         Section 10. Section 171.091, Florida Statutes, is amended
  901  to read:
  902         171.091 Recording.—Any change in the municipal boundaries
  903  through annexation or contraction shall revise the charter
  904  boundary article and shall be filed as a revision of the charter
  905  with the Department of State within 30 days. A copy of such
  906  revision must be submitted to the Office of Economic and
  907  Demographic Research along with a statement specifying the
  908  population census effect and the affected land area.
  909         Section 11. Section 186.509, Florida Statutes, is amended
  910  to read:
  911         186.509 Dispute resolution process.—Each regional planning
  912  council shall establish by rule a dispute resolution process to
  913  reconcile differences on planning and growth management issues
  914  between local governments, regional agencies, and private
  915  interests. The dispute resolution process shall, within a
  916  reasonable set of timeframes, provide for: voluntary meetings
  917  among the disputing parties; if those meetings fail to resolve
  918  the dispute, initiation of mandatory voluntary mediation or a
  919  similar process; if that process fails, initiation of
  920  arbitration or administrative or judicial action, where
  921  appropriate. The council shall not utilize the dispute
  922  resolution process to address disputes involving environmental
  923  permits or other regulatory matters unless requested to do so by
  924  the parties. The resolution of any issue through the dispute
  925  resolution process shall not alter any person’s right to a
  926  judicial determination of any issue if that person is entitled
  927  to such a determination under statutory or common law.
  928         Section 12. Paragraph (a) of subsection (7) and subsections
  929  (24) and (28) of section 380.06, Florida Statutes, are amended,
  930  and subsection (29) is added to that section, to read:
  931         380.06 Developments of regional impact.—
  932         (7) PREAPPLICATION PROCEDURES.—
  933         (a) Before filing an application for development approval,
  934  the developer shall contact the regional planning agency with
  935  jurisdiction over the proposed development to arrange a
  936  preapplication conference. Upon the request of the developer or
  937  the regional planning agency, other affected state and regional
  938  agencies shall participate in this conference and shall identify
  939  the types of permits issued by the agencies, the level of
  940  information required, and the permit issuance procedures as
  941  applied to the proposed development. The levels of service
  942  required in the transportation methodology shall be the same
  943  levels of service used to evaluate concurrency in accordance
  944  with s. 163.3180. The regional planning agency shall provide the
  945  developer information about the development-of-regional-impact
  946  process and the use of preapplication conferences to identify
  947  issues, coordinate appropriate state and local agency
  948  requirements, and otherwise promote a proper and efficient
  949  review of the proposed development. If agreement is reached
  950  regarding assumptions and methodology to be used in the
  951  application for development approval, the reviewing agencies may
  952  not subsequently object to those assumptions and methodologies
  953  unless subsequent changes to the project or information obtained
  954  during the review make those assumptions and methodologies
  955  inappropriate.
  956         (24) STATUTORY EXEMPTIONS.—
  957         (a) Any proposed hospital is exempt from the provisions of
  958  this section.
  959         (b) Any proposed electrical transmission line or electrical
  960  power plant is exempt from the provisions of this section.
  961         (c) Any proposed addition to an existing sports facility
  962  complex is exempt from the provisions of this section if the
  963  addition meets the following characteristics:
  964         1. It would not operate concurrently with the scheduled
  965  hours of operation of the existing facility.
  966         2. Its seating capacity would be no more than 75 percent of
  967  the capacity of the existing facility.
  968         3. The sports facility complex property is owned by a
  969  public body prior to July 1, 1983.
  970  
  971  This exemption does not apply to any pari-mutuel facility.
  972         (d) Any proposed addition or cumulative additions
  973  subsequent to July 1, 1988, to an existing sports facility
  974  complex owned by a state university is exempt if the increased
  975  seating capacity of the complex is no more than 30 percent of
  976  the capacity of the existing facility.
  977         (e) Any addition of permanent seats or parking spaces for
  978  an existing sports facility located on property owned by a
  979  public body prior to July 1, 1973, is exempt from the provisions
  980  of this section if future additions do not expand existing
  981  permanent seating or parking capacity more than 15 percent
  982  annually in excess of the prior year’s capacity.
  983         (f) Any increase in the seating capacity of an existing
  984  sports facility having a permanent seating capacity of at least
  985  50,000 spectators is exempt from the provisions of this section,
  986  provided that such an increase does not increase permanent
  987  seating capacity by more than 5 percent per year and not to
  988  exceed a total of 10 percent in any 5-year period, and provided
  989  that the sports facility notifies the appropriate local
  990  government within which the facility is located of the increase
  991  at least 6 months prior to the initial use of the increased
  992  seating, in order to permit the appropriate local government to
  993  develop a traffic management plan for the traffic generated by
  994  the increase. Any traffic management plan shall be consistent
  995  with the local comprehensive plan, the regional policy plan, and
  996  the state comprehensive plan.
  997         (g) Any expansion in the permanent seating capacity or
  998  additional improved parking facilities of an existing sports
  999  facility is exempt from the provisions of this section, if the
 1000  following conditions exist:
 1001         1.a. The sports facility had a permanent seating capacity
 1002  on January 1, 1991, of at least 41,000 spectator seats;
 1003         b. The sum of such expansions in permanent seating capacity
 1004  does not exceed a total of 10 percent in any 5-year period and
 1005  does not exceed a cumulative total of 20 percent for any such
 1006  expansions; or
 1007         c. The increase in additional improved parking facilities
 1008  is a one-time addition and does not exceed 3,500 parking spaces
 1009  serving the sports facility; and
 1010         2. The local government having jurisdiction of the sports
 1011  facility includes in the development order or development permit
 1012  approving such expansion under this paragraph a finding of fact
 1013  that the proposed expansion is consistent with the
 1014  transportation, water, sewer and stormwater drainage provisions
 1015  of the approved local comprehensive plan and local land
 1016  development regulations relating to those provisions.
 1017  
 1018  Any owner or developer who intends to rely on this statutory
 1019  exemption shall provide to the department a copy of the local
 1020  government application for a development permit. Within 45 days
 1021  of receipt of the application, the department shall render to
 1022  the local government an advisory and nonbinding opinion, in
 1023  writing, stating whether, in the department’s opinion, the
 1024  prescribed conditions exist for an exemption under this
 1025  paragraph. The local government shall render the development
 1026  order approving each such expansion to the department. The
 1027  owner, developer, or department may appeal the local government
 1028  development order pursuant to s. 380.07, within 45 days after
 1029  the order is rendered. The scope of review shall be limited to
 1030  the determination of whether the conditions prescribed in this
 1031  paragraph exist. If any sports facility expansion undergoes
 1032  development-of-regional-impact review, all previous expansions
 1033  which were exempt under this paragraph shall be included in the
 1034  development-of-regional-impact review.
 1035         (h) Expansion to port harbors, spoil disposal sites,
 1036  navigation channels, turning basins, harbor berths, and other
 1037  related inwater harbor facilities of ports listed in s.
 1038  403.021(9)(b), port transportation facilities and projects
 1039  listed in s. 311.07(3)(b), and intermodal transportation
 1040  facilities identified pursuant to s. 311.09(3) are exempt from
 1041  the provisions of this section when such expansions, projects,
 1042  or facilities are consistent with comprehensive master plans
 1043  that are in compliance with the provisions of s. 163.3178.
 1044         (i) Any proposed facility for the storage of any petroleum
 1045  product or any expansion of an existing facility is exempt from
 1046  the provisions of this section.
 1047         (j) Any renovation or redevelopment within the same land
 1048  parcel which does not change land use or increase density or
 1049  intensity of use.
 1050         (k) Waterport and marina development, including dry storage
 1051  facilities, are exempt from the provisions of this section.
 1052         (l) Any proposed development within an urban service
 1053  boundary established under s. 163.3177(14), which is not
 1054  otherwise exempt pursuant to subsection (29), is exempt from the
 1055  provisions of this section if the local government having
 1056  jurisdiction over the area where the development is proposed has
 1057  adopted the urban service boundary, has entered into a binding
 1058  agreement with jurisdictions that would be impacted and with the
 1059  Department of Transportation regarding the mitigation of impacts
 1060  on state and regional transportation facilities, and has adopted
 1061  a proportionate share methodology pursuant to s. 163.3180(16).
 1062         (m) Any proposed development within a rural land
 1063  stewardship area created under s. 163.3177(11)(d) is exempt from
 1064  the provisions of this section if the local government that has
 1065  adopted the rural land stewardship area has entered into a
 1066  binding agreement with jurisdictions that would be impacted and
 1067  the Department of Transportation regarding the mitigation of
 1068  impacts on state and regional transportation facilities, and has
 1069  adopted a proportionate share methodology pursuant to s.
 1070  163.3180(16).
 1071         (n) Any proposed development or redevelopment within an
 1072  area designated as an urban infill and redevelopment area under
 1073  s. 163.2517 is exempt from this section if the local government
 1074  has entered into a binding agreement with jurisdictions that
 1075  would be impacted and the Department of Transportation regarding
 1076  the mitigation of impacts on state and regional transportation
 1077  facilities, and has adopted a proportionate share methodology
 1078  pursuant to s. 163.3180(16).
 1079         (n)(o) The establishment, relocation, or expansion of any
 1080  military installation as defined in s. 163.3175, is exempt from
 1081  this section.
 1082         (o)(p) Any self-storage warehousing that does not allow
 1083  retail or other services is exempt from this section.
 1084         (p)(q) Any proposed nursing home or assisted living
 1085  facility is exempt from this section.
 1086         (q)(r) Any development identified in an airport master plan
 1087  and adopted into the comprehensive plan pursuant to s.
 1088  163.3177(6)(k) is exempt from this section.
 1089         (r)(s) Any development identified in a campus master plan
 1090  and adopted pursuant to s. 1013.30 is exempt from this section.
 1091         (s)(t) Any development in a specific area plan which is
 1092  prepared pursuant to s. 163.3245 and adopted into the
 1093  comprehensive plan is exempt from this section.
 1094         (t)(u) Any development within a county with a research and
 1095  education authority created by special act and that is also
 1096  within a research and development park that is operated or
 1097  managed by a research and development authority pursuant to part
 1098  V of chapter 159 is exempt from this section.
 1099  
 1100  If a use is exempt from review as a development of regional
 1101  impact under paragraphs (a)-(s)(t), but will be part of a larger
 1102  project that is subject to review as a development of regional
 1103  impact, the impact of the exempt use must be included in the
 1104  review of the larger project, unless such exempt use involves a
 1105  development of regional impact that includes a landowner,
 1106  tenant, or user that has entered into a funding agreement with
 1107  the Office of Tourism, Trade, and Economic Development under the
 1108  Innovation Incentive Program and the agreement contemplates a
 1109  state award of at least $50 million.
 1110         (28) PARTIAL STATUTORY EXEMPTIONS.—
 1111         (a) If the binding agreement referenced under paragraph
 1112  (24)(l) for urban service boundaries is not entered into within
 1113  12 months after establishment of the urban service boundary, the
 1114  development-of-regional-impact review for projects within the
 1115  urban service boundary must address transportation impacts only.
 1116         (b) If the binding agreement referenced under paragraph
 1117  (24)(m) for rural land stewardship areas is not entered into
 1118  within 12 months after the designation of a rural land
 1119  stewardship area, the development-of-regional-impact review for
 1120  projects within the rural land stewardship area must address
 1121  transportation impacts only.
 1122         (c) If the binding agreement referenced under paragraph
 1123  (24)(n) for designated urban infill and redevelopment areas is
 1124  not entered into within 12 months after the designation of the
 1125  area or July 1, 2007, whichever occurs later, the development
 1126  of-regional-impact review for projects within the urban infill
 1127  and redevelopment area must address transportation impacts only.
 1128         (d) A local government that does not wish to enter into a
 1129  binding agreement or that is unable to agree on the terms of the
 1130  agreement referenced under paragraph (24)(l) or, paragraph
 1131  (24)(m), or paragraph (24)(n) shall provide written notification
 1132  to the state land planning agency of the decision to not enter
 1133  into a binding agreement or the failure to enter into a binding
 1134  agreement within the 12-month period referenced in paragraphs
 1135  (a), (b) and (c). Following the notification of the state land
 1136  planning agency, development-of-regional-impact review for
 1137  projects within an urban service boundary under paragraph
 1138  (24)(l), or a rural land stewardship area under paragraph
 1139  (24)(m), or an urban infill and redevelopment area under
 1140  paragraph (24)(n), must address transportation impacts only.
 1141         (e) The vesting provision of s. 163.3167(8) relating to an
 1142  authorized development of regional impact shall not apply to
 1143  those projects partially exempt from the development-of
 1144  regional-impact review process under paragraphs (a)-(d).
 1145         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 1146         (a) The following are exempt from this section:
 1147         1. Any proposed development in a municipality that
 1148  qualifies as a dense urban land area as defined in s. 163.3164;
 1149         2. Any proposed development within a county that qualifies
 1150  as a dense urban land area as defined in s. 163.3164 and that is
 1151  located within an urban service area defined in s. 163.3164
 1152  which has been adopted into the comprehensive plan; or
 1153         3. Any proposed development within a county, including the
 1154  municipalities located therein, which has a population of at
 1155  least 900,000, which qualifies as a dense urban land area under
 1156  s. 163.3164, but which does not have an urban service area
 1157  designated in the comprehensive plan.
 1158         (b) If a municipality that does not qualify as a dense
 1159  urban land area pursuant to s. 163.3164 designates any of the
 1160  following areas in its comprehensive plan, any proposed
 1161  development within the designated area is exempt from the
 1162  development-of-regional-impact process:
 1163         1. Urban infill as defined in s. 163.3164;
 1164         2. Community redevelopment areas as defined in s. 163.340;
 1165         3. Downtown revitalization areas as defined in s. 163.3164;
 1166         4. Urban infill and redevelopment under s. 163.2517; or
 1167         5. Urban service areas as defined in s. 163.3164 or areas
 1168  within a designated urban service boundary under s.
 1169  163.3177(14).
 1170         (c) If a county that does not qualify as a dense urban land
 1171  area pursuant to s. 163.3164 designates any of the following
 1172  areas in its comprehensive plan, any proposed development within
 1173  the designated area is exempt from the development-of-regional
 1174  impact process:
 1175         1. Urban infill as defined in s. 163.3164;
 1176         2. Urban infill and redevelopment under s. 163.2517; or
 1177         3. Urban service areas as defined in s. 163.3164.
 1178         (d) A development that is located partially outside an area
 1179  that is exempt from the development-of-regional-impact program
 1180  must undergo development-of-regional-impact review pursuant to
 1181  this section.
 1182         (e) In an area that is exempt under paragraphs (a)-(c), any
 1183  previously approved development-of-regional-impact development
 1184  orders shall continue to be effective, but the developer has the
 1185  option to be governed by s. 380.115(1). A pending application
 1186  for development approval shall be governed by s. 380.115(2). A
 1187  development that has a pending application for a comprehensive
 1188  plan amendment and that elects not to continue development-of
 1189  regional-impact review is exempt from the limitation on plan
 1190  amendments set forth in s. 163.3187(1) for the year following
 1191  the effective date of the exemption.
 1192         (f) Local governments must submit by mail a development
 1193  order to the state land planning agency for projects that would
 1194  be larger than 120 percent of any applicable development-of
 1195  regional-impact threshold and would require development-of
 1196  regional-impact review but for the exemption from the program
 1197  under paragraphs (a)-(c). For such development orders, the state
 1198  land planning agency may appeal the development order pursuant
 1199  to s. 380.07 for inconsistency with the comprehensive plan
 1200  adopted under chapter 163.
 1201         (g) If a local government that qualifies as a dense urban
 1202  land area under this subsection is subsequently found to be
 1203  ineligible for designation as a dense urban land area, any
 1204  development located within that area which has a complete,
 1205  pending application for authorization to commence development
 1206  may maintain the exemption if the developer is continuing the
 1207  application process in good faith or the development is
 1208  approved.
 1209         (h) This subsection does not limit or modify the rights of
 1210  any person to complete any development that has been authorized
 1211  as a development of regional impact pursuant to this chapter.
 1212         (i) This subsection does not apply to areas:
 1213         1. Within the boundary of any area of critical state
 1214  concern designated pursuant to s. 380.05;
 1215         2. Within the boundary of the Wekiva Study Area as
 1216  described in s. 369.316; or
 1217         3. Within 2 miles of the boundary of the Everglades
 1218  Protection Area as described in s. 373.4592(2).
 1219         Section 13. (1)(a) The Legislature finds that the existing
 1220  transportation concurrency system has not adequately addressed
 1221  the transportation needs of this state in an effective,
 1222  predictable, and equitable manner and is not producing a
 1223  sustainable transportation system for the state. The Legislature
 1224  finds that the current system is complex, inequitable, lacks
 1225  uniformity among jurisdictions, is too focused on roadways to
 1226  the detriment of desired land use patterns and transportation
 1227  alternatives, and frequently prevents the attainment of
 1228  important growth management goals.
 1229         (b) The Legislature determines that the state shall
 1230  evaluate and consider the implementation of a mobility fee to
 1231  replace the existing transportation concurrency system. The
 1232  mobility fee should be designed to provide for mobility needs,
 1233  ensure that development provides mitigation for its impacts on
 1234  the transportation system in approximate proportionality to
 1235  those impacts, fairly distribute the fee among the governmental
 1236  entities responsible for maintaining the impacted roadways, and
 1237  promote compact, mixed-use, and energy-efficient development.
 1238         (2) The state land planning agency and the Department of
 1239  Transportation shall continue their respective current mobility
 1240  fee studies and develop and submit to the President of the
 1241  Senate and the Speaker of the House of Representatives, no later
 1242  than December 1, 2009, a final joint report on the mobility fee
 1243  methodology study, complete with recommended legislation and a
 1244  plan to implement the mobility fee as a replacement for the
 1245  existing local government adopted and implemented transportation
 1246  concurrency management systems. The final joint report shall
 1247  also contain, but is not limited to, an economic analysis of
 1248  implementation of the mobility fee, activities necessary to
 1249  implement the fee, and potential costs and benefits at the state
 1250  and local levels and to the private sector.
 1251         Section 14. (1) Except as provided in subsection (4), and
 1252  in recognition of 2009 real estate market conditions, any permit
 1253  issued by the Department of Environmental Protection or a water
 1254  management district pursuant to part IV of chapter 373, Florida
 1255  Statutes, that has an expiration date of September 1, 2008,
 1256  through January 1, 2012, is extended and renewed for a period of
 1257  2 years following its date of expiration. This extension
 1258  includes any local government-issued development order or
 1259  building permit. The 2-year extension also applies to build out
 1260  dates including any build out date extension previously granted
 1261  under s. 380.06(19)(c), Florida Statutes. This section shall not
 1262  be construed to prohibit conversion from the construction phase
 1263  to the operation phase upon completion of construction.
 1264         (2) The commencement and completion dates for any required
 1265  mitigation associated with a phased construction project shall
 1266  be extended such that mitigation takes place in the same
 1267  timeframe relative to the phase as originally permitted.
 1268         (3) The holder of a valid permit or other authorization
 1269  that is eligible for the 2-year extension shall notify the
 1270  authorizing agency in writing no later than December 31, 2009,
 1271  identifying the specific authorization for which the holder
 1272  intends to use the extension and the anticipated timeframe for
 1273  acting on the authorization.
 1274         (4) The extension provided for in subsection (1) does not
 1275  apply to:
 1276         (a) A permit or other authorization under any programmatic
 1277  or regional general permit issued by the Army Corps of
 1278  Engineers.
 1279         (b) A permit or other authorization held by an owner or
 1280  operator determined to be in significant noncompliance with the
 1281  conditions of the permit or authorization as established through
 1282  the issuance of a warning letter or notice of violation, the
 1283  initiation of formal enforcement, or other equivalent action by
 1284  the authorizing agency.
 1285         (c) A permit or other authorization, if granted an
 1286  extension, that would delay or prevent compliance with a court
 1287  order.
 1288         (5) Permits extended under this section shall continue to
 1289  be governed by rules in effect at the time the permit was
 1290  issued, except when it can be demonstrated that the rules in
 1291  effect at the time the permit was issued would create an
 1292  immediate threat to public safety or health. This provision
 1293  shall apply to any modification of the plans, terms, and
 1294  conditions of the permit that lessens the environmental impact,
 1295  except that any such modification shall not extend the time
 1296  limit beyond 2 additional years.
 1297         (6) Nothing in this section shall impair the authority of a
 1298  county or municipality to require the owner of a property, that
 1299  has notified the county or municipality of the owner’s intention
 1300  to receive the extension of time granted by this section, to
 1301  maintain and secure the property in a safe and sanitary
 1302  condition in compliance with applicable laws and ordinances.
 1303         Section 15. Subsection (4) of section 159.807, Florida
 1304  Statutes, is amended to read:
 1305         159.807 State allocation pool.—
 1306         (4)(a) The state allocation pool shall also be used to
 1307  provide written confirmations for private activity bonds that
 1308  are to be issued by state agencies, which bonds, notwithstanding
 1309  any other provisions of this part, shall receive priority in the
 1310  use of the pool available at the time the notice of intent to
 1311  issue such bonds is filed with the division.
 1312         (b) Notwithstanding the provisions of paragraph (a), on or
 1313  before November 15 of each year, the Florida Housing Finance
 1314  Corporation’s access to the state allocation pool is limited to
 1315  the amount of the corporation’s initial allocation under s.
 1316  159.804. Thereafter, the corporation may not receive more than
 1317  80 percent of the amount in the state allocation pool on
 1318  November 16 of each year, and may not receive more than 80
 1319  percent of any additional amounts that become available during
 1320  each year. The limitations of this paragraph do not apply to the
 1321  distribution of the unused allocation of the state volume
 1322  limitation to the Florida Housing Finance Corporation under s.
 1323  159.81(2)(b), (c), and (d). This subsection does not apply to
 1324  the Florida Housing Finance Corporation:
 1325         1. Until its allocation pursuant to s. 159.804(3) has been
 1326  exhausted, is unavailable, or is inadequate to provide an
 1327  allocation pursuant to s. 159.804(3) and any carryforwards of
 1328  volume limitation from prior years for the same carryforward
 1329  purpose, as that term is defined in s. 146 of the Code, as the
 1330  bonds it intends to issue have been completely utilized or have
 1331  expired.
 1332         2. Prior to July 1 of any year, when housing bonds for
 1333  which the Florida Housing Finance Corporation has made an
 1334  assignment of its allocation permitted by s. 159.804(3)(c) have
 1335  not been issued.
 1336         Section 16. Section 193.018, Florida Statutes, is created
 1337  to read:
 1338         193.018 Land owned by a community land trust used to
 1339  provide affordable housing; assessment; structural improvements,
 1340  condominium parcels, and cooperative parcels.—
 1341         (1) As used in this section, the term “community land
 1342  trust” means a nonprofit entity that is qualified as charitable
 1343  under s. 501(c)(3) of the Internal Revenue Code and has as one
 1344  of its purposes the acquisition of land to be held in perpetuity
 1345  for the primary purpose of providing affordable homeownership.
 1346         (2) A community land trust may convey structural
 1347  improvements, condominium parcels, or cooperative parcels, that
 1348  are located on specific parcels of land that are identified by a
 1349  legal description contained in and subject to a ground lease
 1350  having a term of at least 99 years, for the purpose of providing
 1351  affordable housing to natural persons or families who meet the
 1352  extremely-low-income, very-low-income, low-income, or moderate
 1353  income limits specified in s. 420.0004, or the income limits for
 1354  workforce housing, as defined in s. 420.5095(3). A community
 1355  land trust shall retain a preemptive option to purchase any
 1356  structural improvements, condominium parcels, or cooperative
 1357  parcels on the land at a price determined by a formula specified
 1358  in the ground lease which is designed to ensure that the
 1359  structural improvements, condominium parcels, or cooperative
 1360  parcels remain affordable.
 1361         (3) In arriving at just valuation under s. 193.011, a
 1362  structural improvement, condominium parcel, or cooperative
 1363  parcel providing affordable housing on land owned by a community
 1364  land trust, and the land owned by a community land trust that is
 1365  subject to a 99-year or longer ground lease, shall be assessed
 1366  using the following criteria:
 1367         (a) The amount a willing purchaser would pay a willing
 1368  seller for the land is limited to an amount commensurate with
 1369  the terms of the ground lease that restricts the use of the land
 1370  to the provision of affordable housing in perpetuity.
 1371         (b) The amount a willing purchaser would pay a willing
 1372  seller for resale-restricted improvements, condominium parcels,
 1373  or cooperative parcels is limited to the amount determined by
 1374  the formula in the ground lease.
 1375         (c) If the ground lease and all amendments and supplements
 1376  thereto, or a memorandum documenting how such lease and
 1377  amendments or supplements restrict the price at which the
 1378  improvements, condominium parcels, or cooperative parcels may be
 1379  sold, is recorded in the official public records of the county
 1380  in which the leased land is located, the recorded lease and any
 1381  amendments and supplements, or the recorded memorandum, shall be
 1382  deemed a land use regulation during the term of the lease as
 1383  amended or supplemented.
 1384         Section 17. Subsection (5) is added to section 196.196,
 1385  Florida Statutes, to read:
 1386         196.196 Determining whether property is entitled to
 1387  charitable, religious, scientific, or literary exemption.—
 1388         (5)(a) Property owned by an exempt organization qualified
 1389  as charitable under s. 501(c)(3) of the Internal Revenue Code is
 1390  used for a charitable purpose if the organization has taken
 1391  affirmative steps to prepare the property to provide affordable
 1392  housing to persons or families that meet the extremely-low
 1393  income, very-low-income, low-income, or moderate-income limits,
 1394  as specified in s. 420.0004. The term “affirmative steps” means
 1395  environmental or land use permitting activities, creation of
 1396  architectural plans or schematic drawings, land clearing or site
 1397  preparation, construction or renovation activities, or other
 1398  similar activities that demonstrate a commitment of the property
 1399  to providing affordable housing.
 1400         (b)1. If property owned by an organization granted an
 1401  exemption under this subsection is transferred for a purpose
 1402  other than directly providing affordable homeownership or rental
 1403  housing to persons or families who meet the extremely-low
 1404  income, very-low-income, low-income, or moderate-income limits,
 1405  as specified in s. 420.0004, or is not in actual use to provide
 1406  such affordable housing within 5 years after the date the
 1407  organization is granted the exemption, the property appraiser
 1408  making such determination shall serve upon the organization that
 1409  illegally or improperly received the exemption a notice of
 1410  intent to record in the public records of the county a notice of
 1411  tax lien against any property owned by that organization in the
 1412  county, and such property shall be identified in the notice of
 1413  tax lien. The organization owning such property is subject to
 1414  the taxes otherwise due and owing as a result of the failure to
 1415  use the property to provide affordable housing plus 15 percent
 1416  interest per annum and a penalty of 50 percent of the taxes
 1417  owed.
 1418         2. Such lien, when filed, attaches to any property
 1419  identified in the notice of tax lien owned by the organization
 1420  that illegally or improperly received the exemption. If such
 1421  organization no longer owns property in the county but owns
 1422  property in any other county in the state, the property
 1423  appraiser shall record in each such other county a notice of tax
 1424  lien identifying the property owned by such organization in such
 1425  county which shall become a lien against the identified
 1426  property. Before any such lien may be filed, the organization so
 1427  notified must be given 30 days to pay the taxes, penalties, and
 1428  interest.
 1429         3. If an exemption is improperly granted as a result of a
 1430  clerical mistake or an omission by the property appraiser, the
 1431  organization improperly receiving the exemption shall not be
 1432  assessed a penalty or interest.
 1433         4. The 5-year limitation specified in this subsection may
 1434  be extended if the holder of the exemption continues to take
 1435  affirmative steps to develop the property for the purposes
 1436  specified in this subsection.
 1437         Section 18. Section 196.1978, Florida Statutes, is amended
 1438  to read:
 1439         196.1978 Affordable housing property exemption.—Property
 1440  used to provide affordable housing serving eligible persons as
 1441  defined by s. 159.603(7) and natural persons or families meeting
 1442  the extremely-low-income, very-low-income, low-income, or
 1443  moderate-income persons meeting income limits specified in s.
 1444  420.0004 s. 420.0004(8), (10), (11), and (15), which property is
 1445  owned entirely by a nonprofit entity that is a corporation not
 1446  for profit, qualified as charitable under s. 501(c)(3) of the
 1447  Internal Revenue Code and in compliance with Rev. Proc. 96-32,
 1448  1996-1 C.B. 717, or a Florida-based limited partnership, the
 1449  sole general partner of which is a corporation not for profit
 1450  which is qualified as charitable under s. 501(c)(3) of the
 1451  Internal Revenue Code and which complies with Rev. Proc. 96-32,
 1452  1996-1 C.B. 717, shall be considered property owned by an exempt
 1453  entity and used for a charitable purpose, and those portions of
 1454  the affordable housing property which provide housing to natural
 1455  persons or families classified as extremely low income, very low
 1456  income, low income, or moderate income under s. 420.0004
 1457  individuals with incomes as defined in s. 420.0004(10) and (15)
 1458  shall be exempt from ad valorem taxation to the extent
 1459  authorized in s. 196.196. All property identified in this
 1460  section shall comply with the criteria for determination of
 1461  exempt status to be applied by property appraisers on an annual
 1462  basis as defined in s. 196.195. The Legislature intends that any
 1463  property owned by a limited liability company or limited
 1464  partnership which is disregarded as an entity for federal income
 1465  tax purposes pursuant to Treasury Regulation 301.7701
 1466  3(b)(1)(ii) shall be treated as owned by its sole member or sole
 1467  general partner.
 1468         Section 19. Paragraph (d) of subsection (2) of section
 1469  212.055, Florida Statutes, is amended to read:
 1470         212.055 Discretionary sales surtaxes; legislative intent;
 1471  authorization and use of proceeds.—It is the legislative intent
 1472  that any authorization for imposition of a discretionary sales
 1473  surtax shall be published in the Florida Statutes as a
 1474  subsection of this section, irrespective of the duration of the
 1475  levy. Each enactment shall specify the types of counties
 1476  authorized to levy; the rate or rates which may be imposed; the
 1477  maximum length of time the surtax may be imposed, if any; the
 1478  procedure which must be followed to secure voter approval, if
 1479  required; the purpose for which the proceeds may be expended;
 1480  and such other requirements as the Legislature may provide.
 1481  Taxable transactions and administrative procedures shall be as
 1482  provided in s. 212.054.
 1483         (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.—
 1484         (d)1. The proceeds of the surtax authorized by this
 1485  subsection and any accrued interest accrued thereto shall be
 1486  expended by the school district, or within the county and
 1487  municipalities within the county, or, in the case of a
 1488  negotiated joint county agreement, within another county, to
 1489  finance, plan, and construct infrastructure; and to acquire land
 1490  for public recreation, or conservation, or protection of natural
 1491  resources; or and to finance the closure of county-owned or
 1492  municipally owned solid waste landfills that have been are
 1493  already closed or are required to be closed close by order of
 1494  the Department of Environmental Protection. Any use of the such
 1495  proceeds or interest for purposes of landfill closure before
 1496  prior to July 1, 1993, is ratified. Neither The proceeds and nor
 1497  any interest may not accrued thereto shall be used for the
 1498  operational expenses of any infrastructure, except that a any
 1499  county that has with a population of fewer less than 75,000 and
 1500  that is required to close a landfill by order of the Department
 1501  of Environmental Protection may use the proceeds or any interest
 1502  accrued thereto for long-term maintenance costs associated with
 1503  landfill closure. Counties, as defined in s. 125.011 s.
 1504  125.011(1), and charter counties may, in addition, use the
 1505  proceeds or and any interest accrued thereto to retire or
 1506  service indebtedness incurred for bonds issued before prior to
 1507  July 1, 1987, for infrastructure purposes, and for bonds
 1508  subsequently issued to refund such bonds. Any use of the such
 1509  proceeds or interest for purposes of retiring or servicing
 1510  indebtedness incurred for such refunding bonds before prior to
 1511  July 1, 1999, is ratified.
 1512         1.2. For the purposes of this paragraph, the term
 1513  “infrastructure” means:
 1514         a. Any fixed capital expenditure or fixed capital outlay
 1515  associated with the construction, reconstruction, or improvement
 1516  of public facilities that have a life expectancy of 5 or more
 1517  years and any related land acquisition, land improvement,
 1518  design, and engineering costs related thereto.
 1519         b. A fire department vehicle, an emergency medical service
 1520  vehicle, a sheriff’s office vehicle, a police department
 1521  vehicle, or any other vehicle, and the such equipment necessary
 1522  to outfit the vehicle for its official use or equipment that has
 1523  a life expectancy of at least 5 years.
 1524         c. Any expenditure for the construction, lease, or
 1525  maintenance of, or provision of utilities or security for,
 1526  facilities, as defined in s. 29.008.
 1527         d. Any fixed capital expenditure or fixed capital outlay
 1528  associated with the improvement of private facilities that have
 1529  a life expectancy of 5 or more years and that the owner agrees
 1530  to make available for use on a temporary basis as needed by a
 1531  local government as a public emergency shelter or a staging area
 1532  for emergency response equipment during an emergency officially
 1533  declared by the state or by the local government under s.
 1534  252.38. Such improvements under this sub-subparagraph are
 1535  limited to those necessary to comply with current standards for
 1536  public emergency evacuation shelters. The owner must shall enter
 1537  into a written contract with the local government providing the
 1538  improvement funding to make the such private facility available
 1539  to the public for purposes of emergency shelter at no cost to
 1540  the local government for a minimum period of 10 years after
 1541  completion of the improvement, with the provision that the such
 1542  obligation will transfer to any subsequent owner until the end
 1543  of the minimum period.
 1544         e. Any land-acquisition expenditure for a residential
 1545  housing project in which at least 30 percent of the units are
 1546  affordable to individuals or families whose total annual
 1547  household income does not exceed 120 percent of the area median
 1548  income adjusted for household size, if the land is owned by a
 1549  local government or by a special district that enters into a
 1550  written agreement with the local government to provide such
 1551  housing. The local government or special district may enter into
 1552  a ground lease with a public or private person or entity for
 1553  nominal or other consideration for the construction of the
 1554  residential housing project on land acquired pursuant to this
 1555  sub-subparagraph.
 1556         2.3. Notwithstanding any other provision of this
 1557  subsection, a local government infrastructure discretionary
 1558  sales surtax imposed or extended after July 1, 1998, the
 1559  effective date of this act may allocate up to provide for an
 1560  amount not to exceed 15 percent of the local option sales surtax
 1561  proceeds to be allocated for deposit in to a trust fund within
 1562  the county’s accounts created for the purpose of funding
 1563  economic development projects having of a general public purpose
 1564  of improving targeted to improve local economies, including the
 1565  funding of operational costs and incentives related to such
 1566  economic development. The ballot statement must indicate the
 1567  intention to make an allocation under the authority of this
 1568  subparagraph.
 1569         Section 20. Subsection (2) of section 163.3202, Florida
 1570  Statutes, is amended to read:
 1571         163.3202 Land development regulations.—
 1572         (2) Local land development regulations shall contain
 1573  specific and detailed provisions necessary or desirable to
 1574  implement the adopted comprehensive plan and shall as a minimum:
 1575         (a) Regulate the subdivision of land.;
 1576         (b) Regulate the use of land and water for those land use
 1577  categories included in the land use element and ensure the
 1578  compatibility of adjacent uses and provide for open space.;
 1579         (c) Provide for protection of potable water wellfields.;
 1580         (d) Regulate areas subject to seasonal and periodic
 1581  flooding and provide for drainage and stormwater management.;
 1582         (e) Ensure the protection of environmentally sensitive
 1583  lands designated in the comprehensive plan.;
 1584         (f) Regulate signage.;
 1585         (g) Provide that public facilities and services meet or
 1586  exceed the standards established in the capital improvements
 1587  element required by s. 163.3177 and are available when needed
 1588  for the development, or that development orders and permits are
 1589  conditioned on the availability of these public facilities and
 1590  services necessary to serve the proposed development. Not later
 1591  than 1 year after its due date established by the state land
 1592  planning agency’s rule for submission of local comprehensive
 1593  plans pursuant to s. 163.3167(2), a local government shall not
 1594  issue a development order or permit which results in a reduction
 1595  in the level of services for the affected public facilities
 1596  below the level of services provided in the comprehensive plan
 1597  of the local government.
 1598         (h) Ensure safe and convenient onsite traffic flow,
 1599  considering needed vehicle parking.
 1600         (i) Maintain the existing density of residential properties
 1601  or recreational vehicle parks if the properties are intended for
 1602  residential use and are located in the unincorporated areas that
 1603  have sufficient infrastructure, as determined by a local
 1604  governing authority, and are not located within a coastal high
 1605  hazard area under s. 163.3178.
 1606         Section 21. Present subsections (25) through (41) of
 1607  section 420.503, Florida Statutes, are redesignated as
 1608  subsections (26) through (42), respectively, and a new
 1609  subsection (25) is added to that section to read:
 1610         420.503 Definitions.—As used in this part, the term:
 1611         (25) “Moderate rehabilitation” means repair or restoration
 1612  of a dwelling unit when the value of such repair or restoration
 1613  is 40 percent or less of the value of the dwelling unit but not
 1614  less than $10,000.
 1615         Section 22. Subsection (47) is added to section 420.507,
 1616  Florida Statutes, to read:
 1617         420.507 Powers of the corporation.—The corporation shall
 1618  have all the powers necessary or convenient to carry out and
 1619  effectuate the purposes and provisions of this part, including
 1620  the following powers which are in addition to all other powers
 1621  granted by other provisions of this part:
 1622         (47) To provide by rule in connection with any corporation
 1623  competitive program, criteria establishing a preference for
 1624  developers and general contractors domiciled in this state and
 1625  for developers and general contractors, regardless of domicile,
 1626  who have substantial experience in developing or building
 1627  affordable housing through the corporation’s programs.
 1628         (a) In evaluating whether a developer or general contractor
 1629  is domiciled in this state, the corporation shall consider
 1630  whether the developer’s or general contractor’s principal office
 1631  is located in this state and whether a majority of the
 1632  developer’s or general contractor’s principals and financial
 1633  beneficiaries reside in Florida.
 1634         (b) In evaluating whether a developer or general contractor
 1635  has substantial experience, the corporation shall consider
 1636  whether the developer or general contractor has completed at
 1637  least five developments using funds either provided by or
 1638  administered by the corporation.
 1639         Section 23. Paragraphs (c) and (l) of subsection (6) of
 1640  section 420.5087, Florida Statutes, are amended to read:
 1641         420.5087 State Apartment Incentive Loan Program.—There is
 1642  hereby created the State Apartment Incentive Loan Program for
 1643  the purpose of providing first, second, or other subordinated
 1644  mortgage loans or loan guarantees to sponsors, including for
 1645  profit, nonprofit, and public entities, to provide housing
 1646  affordable to very-low-income persons.
 1647         (6) On all state apartment incentive loans, except loans
 1648  made to housing communities for the elderly to provide for
 1649  lifesafety, building preservation, health, sanitation, or
 1650  security-related repairs or improvements, the following
 1651  provisions shall apply:
 1652         (c) The corporation shall provide by rule for the
 1653  establishment of a review committee composed of the department
 1654  and corporation staff and shall establish by rule a scoring
 1655  system for evaluation and competitive ranking of applications
 1656  submitted in this program, including, but not limited to, the
 1657  following criteria:
 1658         1. Tenant income and demographic targeting objectives of
 1659  the corporation.
 1660         2. Targeting objectives of the corporation which will
 1661  ensure an equitable distribution of loans between rural and
 1662  urban areas.
 1663         3. Sponsor’s agreement to reserve the units for persons or
 1664  families who have incomes below 50 percent of the state or local
 1665  median income, whichever is higher, for a time period to exceed
 1666  the minimum required by federal law or the provisions of this
 1667  part.
 1668         4. Sponsor’s agreement to reserve more than:
 1669         a. Twenty percent of the units in the project for persons
 1670  or families who have incomes that do not exceed 50 percent of
 1671  the state or local median income, whichever is higher; or
 1672         b. Forty percent of the units in the project for persons or
 1673  families who have incomes that do not exceed 60 percent of the
 1674  state or local median income, whichever is higher, without
 1675  requiring a greater amount of the loans as provided in this
 1676  section.
 1677         5. Provision for tenant counseling.
 1678         6. Sponsor’s agreement to accept rental assistance
 1679  certificates or vouchers as payment for rent.
 1680         7. Projects requiring the least amount of a state apartment
 1681  incentive loan compared to overall project cost except that the
 1682  share of the loan attributable to units serving extremely-low
 1683  income persons shall be excluded from this requirement.
 1684         8. Local government contributions and local government
 1685  comprehensive planning and activities that promote affordable
 1686  housing.
 1687         9. Project feasibility.
 1688         10. Economic viability of the project.
 1689         11. Commitment of first mortgage financing.
 1690         12. Sponsor’s prior experience, including whether the
 1691  developer and general contractor have substantial experience, as
 1692  provided in s. 420.507(47).
 1693         13. Sponsor’s ability to proceed with construction.
 1694         14. Projects that directly implement or assist welfare-to
 1695  work transitioning.
 1696         15. Projects that reserve units for extremely-low-income
 1697  persons.
 1698         16. Projects that include green building principles, storm
 1699  resistant construction, or other elements that reduce long-term
 1700  costs relating to maintenance, utilities, or insurance.
 1701         17. Domicile of the developer and general contractor, as
 1702  provided in s. 420.507(47).
 1703         (l) The proceeds of all loans shall be used for new
 1704  construction, moderate rehabilitation, or substantial
 1705  rehabilitation which creates or preserves affordable, safe, and
 1706  sanitary housing units.
 1707         Section 24. Subsection (5) of section 420.622, Florida
 1708  Statutes, is amended to read:
 1709         420.622 State Office on Homelessness; Council on
 1710  Homelessness.—
 1711         (5) The State Office on Homelessness, with the concurrence
 1712  of the Council on Homelessness, may administer moneys
 1713  appropriated to it to provide homeless housing assistance grants
 1714  annually to lead agencies for local homeless assistance
 1715  continuum of care, as recognized by the State Office on
 1716  Homelessness, to acquire, construct, or rehabilitate
 1717  transitional or permanent housing units for homeless persons.
 1718  These moneys shall consist of any sums that the state may
 1719  appropriate, as well as money received from donations, gifts,
 1720  bequests, or otherwise from any public or private source, which
 1721  are money is intended to acquire, construct, or rehabilitate
 1722  transitional or permanent housing units for homeless persons.
 1723         (a) Grant applicants shall be ranked competitively.
 1724  Preference must be given to applicants who leverage additional
 1725  private funds and public funds, particularly federal funds
 1726  designated for the acquisition, construction, or and
 1727  rehabilitation of transitional or permanent housing for homeless
 1728  persons;, who acquire, build, or rehabilitate the greatest
 1729  number of units;, and who acquire, build, or rehabilitate in
 1730  catchment areas having the greatest need for housing for the
 1731  homeless relative to the population of the catchment area.
 1732         (b) Funding for any particular project may not exceed
 1733  $750,000.
 1734         (c) Projects must reserve, for a minimum of 10 years, the
 1735  number of units acquired, constructed, or rehabilitated through
 1736  homeless housing assistance grant funding to serve persons who
 1737  are homeless at the time they assume tenancy.
 1738         (d) No more than two grants may be awarded annually in any
 1739  given local homeless assistance continuum of care catchment
 1740  area.
 1741         (e) A project may not be funded which is not included in
 1742  the local homeless assistance continuum of care plan, as
 1743  recognized by the State Office on Homelessness, for the
 1744  catchment area in which the project is located.
 1745         (f) The maximum percentage of funds that the State Office
 1746  on Homelessness and each applicant may spend on administrative
 1747  costs is 5 percent.
 1748         Section 25. Section 420.628, Florida Statutes, is created
 1749  to read:
 1750         420.628 Affordable housing for children and young adults
 1751  leaving foster care; legislative findings and intent.—
 1752         (1)(a) The Legislature finds that there are many young
 1753  adults who, through no fault of their own, live in foster
 1754  families, group homes, and institutions, and face numerous
 1755  barriers to a successful transition to adulthood. Young adults
 1756  who are leaving the child welfare system may enter adulthood
 1757  lacking the knowledge, skills, attitudes, habits, and
 1758  relationships that will enable them to become productive members
 1759  of society.
 1760         (b) The Legislature further finds that the main barriers to
 1761  safe and affordable housing for such young adults are cost, lack
 1762  of availability, the unwillingness of landlords to rent to such
 1763  youth due to perceived regulatory barriers, and a lack of
 1764  knowledge about how to be a good tenant. These barriers cause
 1765  young adults to be at risk of becoming homeless.
 1766         (c) The Legislature also finds that young adults who leave
 1767  the child welfare system are disproportionately represented in
 1768  the homeless population. Without the stability of safe and
 1769  affordable housing, all other services, training, and
 1770  opportunities provided to such young adults may not be
 1771  effective. Making affordable housing available will decrease the
 1772  chance of homelessness and may increase the ability of such
 1773  young adults to live independently.
 1774         (d) The Legislature intends that the Florida Housing
 1775  Finance Corporation, agencies within the State Housing
 1776  Initiative Partnership Program, local housing finance agencies,
 1777  public housing authorities, and their agents, and other
 1778  providers of affordable housing coordinate with the Department
 1779  of Children and Family Services, their agents, and community
 1780  based care providers who provide services under s. 409.1671 to
 1781  develop and implement strategies and procedures designed to make
 1782  affordable housing available whenever and wherever possible to
 1783  young adults who leave the child welfare system.
 1784         (2) Young adults who leave the child welfare system meet
 1785  the definition of eligible persons under ss. 420.503(7) and
 1786  420.907(10) for affordable housing, and are encouraged to
 1787  participate in federal, state, and local affordable housing
 1788  programs. Students deemed to be eligible occupants under 26
 1789  U.S.C. 42(i)(3)(d) shall be considered eligible persons for
 1790  purposes of all projects funded under this chapter.
 1791         Section 26. Subsections (4), (8), (16), and (25) of section
 1792  420.9071, Florida Statutes, are amended, and subsections (29)
 1793  and (30) are added to that section, to read:
 1794         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
 1795  term:
 1796         (4) “Annual gross income” means annual income as defined
 1797  under the Section 8 housing assistance payments programs in 24
 1798  C.F.R. part 5; annual income as reported under the census long
 1799  form for the recent available decennial census; or adjusted
 1800  gross income as defined for purposes of reporting under Internal
 1801  Revenue Service Form 1040 for individual federal annual income
 1802  tax purposes or as defined by standard practices used in the
 1803  lending industry as detailed in the local housing assistance
 1804  plan and approved by the corporation. Counties and eligible
 1805  municipalities shall calculate income by annualizing verified
 1806  sources of income for the household as the amount of income to
 1807  be received in a household during the 12 months following the
 1808  effective date of the determination.
 1809         (8) “Eligible housing” means any real and personal property
 1810  located within the county or the eligible municipality which is
 1811  designed and intended for the primary purpose of providing
 1812  decent, safe, and sanitary residential units that are designed
 1813  to meet the standards of the Florida Building Code or previous
 1814  building codes adopted under chapter 553, or manufactured
 1815  housing constructed after June 1994 and installed in accordance
 1816  with the installation standards for mobile or manufactured homes
 1817  contained in rules of the Department of Highway Safety and Motor
 1818  Vehicles, for home ownership or rental for eligible persons as
 1819  designated by each county or eligible municipality participating
 1820  in the State Housing Initiatives Partnership Program.
 1821         (16) “Local housing incentive strategies” means local
 1822  regulatory reform or incentive programs to encourage or
 1823  facilitate affordable housing production, which include at a
 1824  minimum, assurance that permits as defined in s. 163.3164(7) and
 1825  (8) for affordable housing projects are expedited to a greater
 1826  degree than other projects; an ongoing process for review of
 1827  local policies, ordinances, regulations, and plan provisions
 1828  that increase the cost of housing prior to their adoption; and a
 1829  schedule for implementing the incentive strategies. Local
 1830  housing incentive strategies may also include other regulatory
 1831  reforms, such as those enumerated in s. 420.9076 or those
 1832  recommended by the affordable housing advisory committee in its
 1833  triennial evaluation of the implementation of affordable housing
 1834  incentives, and adopted by the local governing body.
 1835         (25) “Recaptured funds” means funds that are recouped by a
 1836  county or eligible municipality in accordance with the recapture
 1837  provisions of its local housing assistance plan pursuant to s.
 1838  420.9075(5)(h)(g) from eligible persons or eligible sponsors,
 1839  which funds were not used for assistance to an eligible
 1840  household for an eligible activity, when there is a who default
 1841  on the terms of a grant award or loan award.
 1842         (29) “Assisted housing” or “assisted housing development”
 1843  means a rental housing development, including rental housing in
 1844  a mixed-use development, that received or currently receives
 1845  funding from any federal or state housing program.
 1846         (30) “Preservation” means actions taken to keep rents in
 1847  existing assisted housing affordable for extremely-low-income,
 1848  very-low-income, low-income, and moderate-income households
 1849  while ensuring that the property stays in good physical and
 1850  financial condition for an extended period.
 1851         Section 27. Subsections (6) and (7) of section 420.9072,
 1852  Florida Statutes, are amended to read:
 1853         420.9072 State Housing Initiatives Partnership Program.—The
 1854  State Housing Initiatives Partnership Program is created for the
 1855  purpose of providing funds to counties and eligible
 1856  municipalities as an incentive for the creation of local housing
 1857  partnerships, to expand production of and preserve affordable
 1858  housing, to further the housing element of the local government
 1859  comprehensive plan specific to affordable housing, and to
 1860  increase housing-related employment.
 1861         (6) The moneys that otherwise would be distributed pursuant
 1862  to s. 420.9073 to a local government that does not meet the
 1863  program’s requirements for receipts of such distributions shall
 1864  remain in the Local Government Housing Trust Fund to be
 1865  administered by the corporation pursuant to s. 420.9078.
 1866         (7) A county or an eligible municipality must expend its
 1867  portion of the local housing distribution only to implement a
 1868  local housing assistance plan or as provided in this subsection.
 1869         (a) A county or an eligible municipality may not expend its
 1870  portion of the local housing distribution to provide rent
 1871  subsidies; however, this does not prohibit the use of funds for
 1872  security and utility deposit assistance.
 1873         (b) A county or an eligible municipality may expend a
 1874  portion of the local housing distribution to provide a one-time
 1875  relocation grant to persons who meet the income requirements of
 1876  the State Housing Initiatives Partnership Program and who are
 1877  subject to eviction from rental property located in the county
 1878  or eligible municipality due to the foreclosure of the rental
 1879  property. In order to receive a grant under this paragraph, a
 1880  person must provide the county or eligible municipality with
 1881  proof of meeting the income requirements of a very-low-income
 1882  household, a low-income household, or a moderate-income
 1883  household; a notice of eviction; and proof that the rent has
 1884  been paid for at least 3 months before the date of eviction,
 1885  including the month that the notice of eviction was served.
 1886  Relocation assistance under this paragraph is limited to a one
 1887  time grant of not more than $5,000 and is not limited to persons
 1888  who are subject to eviction from projects funded under the State
 1889  Housing Initiatives Partnership Program. This paragraph expires
 1890  July 1, 2010.
 1891         Section 28. Subsections (1) and (2) of section 420.9073,
 1892  Florida Statutes, are amended, and subsections (5), (6), and (7)
 1893  are added to that section, to read:
 1894         420.9073 Local housing distributions.—
 1895         (1) Distributions calculated in this section shall be
 1896  disbursed on a quarterly or more frequent monthly basis by the
 1897  corporation beginning the first day of the month after program
 1898  approval pursuant to s. 420.9072, subject to availability of
 1899  funds. Each county’s share of the funds to be distributed from
 1900  the portion of the funds in the Local Government Housing Trust
 1901  Fund received pursuant to s. 201.15(9) shall be calculated by
 1902  the corporation for each fiscal year as follows:
 1903         (a) Each county other than a county that has implemented
 1904  the provisions of chapter 83-220, Laws of Florida, as amended by
 1905  chapters 84-270, 86-152, and 89-252, Laws of Florida, shall
 1906  receive the guaranteed amount for each fiscal year.
 1907         (b) Each county other than a county that has implemented
 1908  the provisions of chapter 83-220, Laws of Florida, as amended by
 1909  chapters 84-270, 86-152, and 89-252, Laws of Florida, may
 1910  receive an additional share calculated as follows:
 1911         1. Multiply each county’s percentage of the total state
 1912  population excluding the population of any county that has
 1913  implemented the provisions of chapter 83-220, Laws of Florida,
 1914  as amended by chapters 84-270, 86-152, and 89-252, Laws of
 1915  Florida, by the total funds to be distributed.
 1916         2. If the result in subparagraph 1. is less than the
 1917  guaranteed amount as determined in subsection (3), that county’s
 1918  additional share shall be zero.
 1919         3. For each county in which the result in subparagraph 1.
 1920  is greater than the guaranteed amount as determined in
 1921  subsection (3), the amount calculated in subparagraph 1. shall
 1922  be reduced by the guaranteed amount. The result for each such
 1923  county shall be expressed as a percentage of the amounts so
 1924  determined for all counties. Each such county shall receive an
 1925  additional share equal to such percentage multiplied by the
 1926  total funds received by the Local Government Housing Trust Fund
 1927  pursuant to s. 201.15(9) reduced by the guaranteed amount paid
 1928  to all counties.
 1929         (2) Effective July 1, 1995, Distributions calculated in
 1930  this section shall be disbursed on a quarterly or more frequent
 1931  monthly basis by the corporation beginning the first day of the
 1932  month after program approval pursuant to s. 420.9072, subject to
 1933  availability of funds. Each county’s share of the funds to be
 1934  distributed from the portion of the funds in the Local
 1935  Government Housing Trust Fund received pursuant to s. 201.15(10)
 1936  shall be calculated by the corporation for each fiscal year as
 1937  follows:
 1938         (a) Each county shall receive the guaranteed amount for
 1939  each fiscal year.
 1940         (b) Each county may receive an additional share calculated
 1941  as follows:
 1942         1. Multiply each county’s percentage of the total state
 1943  population, by the total funds to be distributed.
 1944         2. If the result in subparagraph 1. is less than the
 1945  guaranteed amount as determined in subsection (3), that county’s
 1946  additional share shall be zero.
 1947         3. For each county in which the result in subparagraph 1.
 1948  is greater than the guaranteed amount, the amount calculated in
 1949  subparagraph 1. shall be reduced by the guaranteed amount. The
 1950  result for each such county shall be expressed as a percentage
 1951  of the amounts so determined for all counties. Each such county
 1952  shall receive an additional share equal to this percentage
 1953  multiplied by the total funds received by the Local Government
 1954  Housing Trust Fund pursuant to s. 201.15(10) as reduced by the
 1955  guaranteed amount paid to all counties.
 1956         (5) Notwithstanding subsections (1)-(4), the corporation
 1957  may withhold up to $5 million of the total amount distributed
 1958  each fiscal year from the Local Government Housing Trust Fund to
 1959  provide additional funding to counties and eligible
 1960  municipalities where a state of emergency has been declared by
 1961  the Governor pursuant to chapter 252. Any portion of the
 1962  withheld funds not distributed by the end of the fiscal year
 1963  shall be distributed as provided in subsections (1) and (2).
 1964         (6) Notwithstanding subsections (1)-(4), the corporation
 1965  may withhold up to $5 million from the total amount distributed
 1966  each fiscal year from the Local Government Housing Trust Fund to
 1967  provide funding to counties and eligible municipalities to
 1968  purchase properties subject to a State Housing Initiative
 1969  Partnership Program lien and on which foreclosure proceedings
 1970  have been initiated by any mortgagee. Each county and eligible
 1971  municipality that receives funds under this subsection shall
 1972  repay such funds to the corporation not later than the
 1973  expenditure deadline for the fiscal year in which the funds were
 1974  awarded. Amounts not repaid shall be withheld from the
 1975  subsequent year’s distribution. Any portion of such funds not
 1976  distributed under this subsection by the end of the fiscal year
 1977  shall be distributed as provided in subsections (1) and (2).
 1978         (7) A county receiving local housing distributions under
 1979  this section or an eligible municipality that receives local
 1980  housing distributions under an interlocal agreement shall expend
 1981  those funds in accordance with the provisions of ss. 420.907
 1982  420.9079, rules of the corporation, and the county’s local
 1983  housing assistance plan.
 1984         Section 29. Subsections (1), (3), (5), and (8), paragraphs
 1985  (a) and (h) of subsection (10), and paragraph (b) of subsection
 1986  (13) of section 420.9075, Florida Statutes, are amended, and
 1987  subsection (14) is added to that section, to read:
 1988         420.9075 Local housing assistance plans; partnerships.—
 1989         (1)(a) Each county or eligible municipality participating
 1990  in the State Housing Initiatives Partnership Program shall
 1991  develop and implement a local housing assistance plan created to
 1992  make affordable residential units available to persons of very
 1993  low income, low income, or moderate income and to persons who
 1994  have special housing needs, including, but not limited to,
 1995  homeless people, the elderly, and migrant farmworkers, and
 1996  persons with disabilities. Counties or eligible municipalities
 1997  may include strategies to assist persons and households having
 1998  annual incomes of not more than 140 percent of area median
 1999  income. The plans are intended to increase the availability of
 2000  affordable residential units by combining local resources and
 2001  cost-saving measures into a local housing partnership and using
 2002  private and public funds to reduce the cost of housing.
 2003         (b) Local housing assistance plans may allocate funds to:
 2004         1. Implement local housing assistance strategies for the
 2005  provision of affordable housing.
 2006         2. Supplement funds available to the corporation to provide
 2007  enhanced funding of state housing programs within the county or
 2008  the eligible municipality.
 2009         3. Provide the local matching share of federal affordable
 2010  housing grants or programs.
 2011         4. Fund emergency repairs, including, but not limited to,
 2012  repairs performed by existing service providers under
 2013  weatherization assistance programs under ss. 409.509-409.5093.
 2014         5. Further the housing element of the local government
 2015  comprehensive plan adopted pursuant to s. 163.3184, specific to
 2016  affordable housing.
 2017         (3)(a) Each local housing assistance plan shall include a
 2018  definition of essential service personnel for the county or
 2019  eligible municipality, including, but not limited to, teachers
 2020  and educators, other school district, community college, and
 2021  university employees, police and fire personnel, health care
 2022  personnel, skilled building trades personnel, and other job
 2023  categories.
 2024         (b) Each county and each eligible municipality is
 2025  encouraged to develop a strategy within its local housing
 2026  assistance plan that emphasizes the recruitment and retention of
 2027  essential service personnel. The local government is encouraged
 2028  to involve public and private sector employers. Compliance with
 2029  the eligibility criteria established under this strategy shall
 2030  be verified by the county or eligible municipality.
 2031         (c) Each county and each eligible municipality is
 2032  encouraged to develop a strategy within its local housing
 2033  assistance plan that addresses the needs of persons who are
 2034  deprived of affordable housing due to the closure of a mobile
 2035  home park or the conversion of affordable rental units to
 2036  condominiums.
 2037         (d) Each county and each eligible municipality shall
 2038  describe initiatives in the local housing assistance plan to
 2039  encourage or require innovative design, green building
 2040  principles, storm-resistant construction, or other elements that
 2041  reduce long-term costs relating to maintenance, utilities, or
 2042  insurance.
 2043         (e) Each county and each eligible municipality is
 2044  encouraged to develop a strategy within its local housing
 2045  assistance plan which provides program funds for the
 2046  preservation of assisted housing.
 2047         (5) The following criteria apply to awards made to eligible
 2048  sponsors or eligible persons for the purpose of providing
 2049  eligible housing:
 2050         (a) At least 65 percent of the funds made available in each
 2051  county and eligible municipality from the local housing
 2052  distribution must be reserved for home ownership for eligible
 2053  persons.
 2054         (b) At least 75 percent of the funds made available in each
 2055  county and eligible municipality from the local housing
 2056  distribution must be reserved for construction, rehabilitation,
 2057  or emergency repair of affordable, eligible housing.
 2058         (c) Not more than 20 percent of the funds made available in
 2059  each county and eligible municipality from the local housing
 2060  distribution may be used for manufactured housing.
 2061         (d)(c) The sales price or value of new or existing eligible
 2062  housing may not exceed 90 percent of the average area purchase
 2063  price in the statistical area in which the eligible housing is
 2064  located. Such average area purchase price may be that calculated
 2065  for any 12-month period beginning not earlier than the fourth
 2066  calendar year prior to the year in which the award occurs or as
 2067  otherwise established by the United States Department of the
 2068  Treasury.
 2069         (e)(d)1. All units constructed, rehabilitated, or otherwise
 2070  assisted with the funds provided from the local housing
 2071  assistance trust fund must be occupied by very-low-income
 2072  persons, low-income persons, and moderate-income persons except
 2073  as otherwise provided in this section.
 2074         2. At least 30 percent of the funds deposited into the
 2075  local housing assistance trust fund must be reserved for awards
 2076  to very-low-income persons or eligible sponsors who will serve
 2077  very-low-income persons and at least an additional 30 percent of
 2078  the funds deposited into the local housing assistance trust fund
 2079  must be reserved for awards to low-income persons or eligible
 2080  sponsors who will serve low-income persons. This subparagraph
 2081  does not apply to a county or an eligible municipality that
 2082  includes, or has included within the previous 5 years, an area
 2083  of critical state concern designated or ratified by the
 2084  Legislature for which the Legislature has declared its intent to
 2085  provide affordable housing. The exemption created by this act
 2086  expires on July 1, 2013, and shall apply retroactively 2008.
 2087         (f)(e) Loans shall be provided for periods not exceeding 30
 2088  years, except for deferred payment loans or loans that extend
 2089  beyond 30 years which continue to serve eligible persons.
 2090         (g)(f) Loans or grants for eligible rental housing
 2091  constructed, rehabilitated, or otherwise assisted from the local
 2092  housing assistance trust fund must be subject to recapture
 2093  requirements as provided by the county or eligible municipality
 2094  in its local housing assistance plan unless reserved for
 2095  eligible persons for 15 years or the term of the assistance,
 2096  whichever period is longer. Eligible sponsors that offer rental
 2097  housing for sale before 15 years or that have remaining
 2098  mortgages funded under this program must give a first right of
 2099  refusal to eligible nonprofit organizations for purchase at the
 2100  current market value for continued occupancy by eligible
 2101  persons.
 2102         (h)(g) Loans or grants for eligible owner-occupied housing
 2103  constructed, rehabilitated, or otherwise assisted from proceeds
 2104  provided from the local housing assistance trust fund shall be
 2105  subject to recapture requirements as provided by the county or
 2106  eligible municipality in its local housing assistance plan.
 2107         (i)(h) The total amount of monthly mortgage payments or the
 2108  amount of monthly rent charged by the eligible sponsor or her or
 2109  his designee must be made affordable.
 2110         (j)(i) The maximum sales price or value per unit and the
 2111  maximum award per unit for eligible housing benefiting from
 2112  awards made pursuant to this section must be established in the
 2113  local housing assistance plan.
 2114         (k)(j) The benefit of assistance provided through the State
 2115  Housing Initiatives Partnership Program must accrue to eligible
 2116  persons occupying eligible housing. This provision shall not be
 2117  construed to prohibit use of the local housing distribution
 2118  funds for a mixed income rental development.
 2119         (l)(k) Funds from the local housing distribution not used
 2120  to meet the criteria established in paragraph (a) or paragraph
 2121  (b) or not used for the administration of a local housing
 2122  assistance plan must be used for housing production and finance
 2123  activities, including, but not limited to, financing
 2124  preconstruction activities or the purchase of existing units,
 2125  providing rental housing, and providing home ownership training
 2126  to prospective home buyers and owners of homes assisted through
 2127  the local housing assistance plan.
 2128         1. Notwithstanding the provisions of paragraphs (a) and
 2129  (b), program income as defined in s. 420.9071(24) may also be
 2130  used to fund activities described in this paragraph.
 2131         2. When preconstruction due-diligence activities conducted
 2132  as part of a preservation strategy show that preservation of the
 2133  units is not feasible and will not result in the production of
 2134  an eligible unit, such costs shall be deemed a program expense
 2135  rather than an administrative expense if such program expenses
 2136  do not exceed 3 percent of the annual local housing
 2137  distribution.
 2138         3. If both an award under the local housing assistance plan
 2139  and federal low-income housing tax credits are used to assist a
 2140  project and there is a conflict between the criteria prescribed
 2141  in this subsection and the requirements of s. 42 of the Internal
 2142  Revenue Code of 1986, as amended, the county or eligible
 2143  municipality may resolve the conflict by giving precedence to
 2144  the requirements of s. 42 of the Internal Revenue Code of 1986,
 2145  as amended, in lieu of following the criteria prescribed in this
 2146  subsection with the exception of paragraphs (a) and (e) (d) of
 2147  this subsection.
 2148         4. Each county and each eligible municipality may award
 2149  funds as a grant for construction, rehabilitation, or repair as
 2150  part of disaster recovery or emergency repairs or to remedy
 2151  accessibility or health and safety deficiencies. Any other
 2152  grants must be approved as part of the local housing assistance
 2153  plan.
 2154         (8) Pursuant to s. 420.531, the corporation shall provide
 2155  training and technical assistance to local governments regarding
 2156  the creation of partnerships, the design of local housing
 2157  assistance strategies, the implementation of local housing
 2158  incentive strategies, and the provision of support services.
 2159         (10) Each county or eligible municipality shall submit to
 2160  the corporation by September 15 of each year a report of its
 2161  affordable housing programs and accomplishments through June 30
 2162  immediately preceding submittal of the report. The report shall
 2163  be certified as accurate and complete by the local government’s
 2164  chief elected official or his or her designee. Transmittal of
 2165  the annual report by a county’s or eligible municipality’s chief
 2166  elected official, or his or her designee, certifies that the
 2167  local housing incentive strategies, or, if applicable, the local
 2168  housing incentive plan, have been implemented or are in the
 2169  process of being implemented pursuant to the adopted schedule
 2170  for implementation. The report must include, but is not limited
 2171  to:
 2172         (a) The number of households served by income category,
 2173  age, family size, and race, and data regarding any special needs
 2174  populations such as farmworkers, homeless persons, persons with
 2175  disabilities, and the elderly. Counties shall report this
 2176  information separately for households served in the
 2177  unincorporated area and each municipality within the county.
 2178         (h) Such other data or affordable housing accomplishments
 2179  considered significant by the reporting county or eligible
 2180  municipality or by the corporation.
 2181         (13)
 2182         (b) If, as a result of its review of the annual report, the
 2183  corporation determines that a county or eligible municipality
 2184  has failed to implement a local housing incentive strategy, or,
 2185  if applicable, a local housing incentive plan, it shall send a
 2186  notice of termination of the local government’s share of the
 2187  local housing distribution by certified mail to the affected
 2188  county or eligible municipality.
 2189         1. The notice must specify a date of termination of the
 2190  funding if the affected county or eligible municipality does not
 2191  implement the plan or strategy and provide for a local response.
 2192  A county or eligible municipality shall respond to the
 2193  corporation within 30 days after receipt of the notice of
 2194  termination.
 2195         2. The corporation shall consider the local response that
 2196  extenuating circumstances precluded implementation and grant an
 2197  extension to the timeframe for implementation. Such an extension
 2198  shall be made in the form of an extension agreement that
 2199  provides a timeframe for implementation. The chief elected
 2200  official of a county or eligible municipality or his or her
 2201  designee shall have the authority to enter into the agreement on
 2202  behalf of the local government.
 2203         3. If the county or the eligible municipality has not
 2204  implemented the incentive strategy or entered into an extension
 2205  agreement by the termination date specified in the notice, the
 2206  local housing distribution share terminates, and any uncommitted
 2207  local housing distribution funds held by the affected county or
 2208  eligible municipality in its local housing assistance trust fund
 2209  shall be transferred to the Local Government Housing Trust Fund
 2210  to the credit of the corporation to administer pursuant to s.
 2211  420.9078.
 2212         4.a. If the affected local government fails to meet the
 2213  timeframes specified in the agreement, the corporation shall
 2214  terminate funds. The corporation shall send a notice of
 2215  termination of the local government’s share of the local housing
 2216  distribution by certified mail to the affected local government.
 2217  The notice shall specify the termination date, and any
 2218  uncommitted funds held by the affected local government shall be
 2219  transferred to the Local Government Housing Trust Fund to the
 2220  credit of the corporation to administer pursuant to s. 420.9078.
 2221         b. If the corporation terminates funds to a county, but an
 2222  eligible municipality receiving a local housing distribution
 2223  pursuant to an interlocal agreement maintains compliance with
 2224  program requirements, the corporation shall thereafter
 2225  distribute directly to the participating eligible municipality
 2226  its share calculated in the manner provided in s. 420.9072.
 2227         c. Any county or eligible municipality whose local
 2228  distribution share has been terminated may subsequently elect to
 2229  receive directly its local distribution share by adopting the
 2230  ordinance, resolution, and local housing assistance plan in the
 2231  manner and according to the procedures provided in ss. 420.907
 2232  420.9079.
 2233         (14) If the corporation determines that a county or
 2234  eligible municipality has expended program funds for an
 2235  ineligible activity, the corporation shall require such funds to
 2236  be repaid to the local housing assistance trust fund. Such
 2237  repayment may not be made with funds from the State Housing
 2238  Initiatives Partnership Program.
 2239         Section 30. Paragraph (h) of subsection (2), subsections
 2240  (5) and (6), and paragraph (a) of subsection (7) of section
 2241  420.9076, Florida Statutes, are amended to read:
 2242         420.9076 Adoption of affordable housing incentive
 2243  strategies; committees.—
 2244         (2) The governing board of a county or municipality shall
 2245  appoint the members of the affordable housing advisory committee
 2246  by resolution. Pursuant to the terms of any interlocal
 2247  agreement, a county and municipality may create and jointly
 2248  appoint an advisory committee to prepare a joint plan. The
 2249  ordinance adopted pursuant to s. 420.9072 which creates the
 2250  advisory committee or the resolution appointing the advisory
 2251  committee members must provide for 11 committee members and
 2252  their terms. The committee must include:
 2253         (h) One citizen who actively serves on the local planning
 2254  agency pursuant to s. 163.3174. If the local planning agency is
 2255  comprised of the governing board of the county or municipality,
 2256  the governing board may appoint a designee who is knowledgeable
 2257  in the local planning process.
 2258  
 2259  If a county or eligible municipality whether due to its small
 2260  size, the presence of a conflict of interest by prospective
 2261  appointees, or other reasonable factor, is unable to appoint a
 2262  citizen actively engaged in these activities in connection with
 2263  affordable housing, a citizen engaged in the activity without
 2264  regard to affordable housing may be appointed. Local governments
 2265  that receive the minimum allocation under the State Housing
 2266  Initiatives Partnership Program may elect to appoint an
 2267  affordable housing advisory committee with fewer than 11
 2268  representatives if they are unable to find representatives who
 2269  meet the criteria of paragraphs (a)-(k).
 2270         (5) The approval by the advisory committee of its local
 2271  housing incentive strategies recommendations and its review of
 2272  local government implementation of previously recommended
 2273  strategies must be made by affirmative vote of a majority of the
 2274  membership of the advisory committee taken at a public hearing.
 2275  Notice of the time, date, and place of the public hearing of the
 2276  advisory committee to adopt its evaluation and final local
 2277  housing incentive strategies recommendations must be published
 2278  in a newspaper of general paid circulation in the county. The
 2279  notice must contain a short and concise summary of the
 2280  evaluation and local housing incentives strategies
 2281  recommendations to be considered by the advisory committee. The
 2282  notice must state the public place where a copy of the
 2283  evaluation and tentative advisory committee recommendations can
 2284  be obtained by interested persons. The final report, evaluation,
 2285  and recommendations shall be submitted to the corporation.
 2286         (6) Within 90 days after the date of receipt of the
 2287  evaluation and local housing incentive strategies
 2288  recommendations from the advisory committee, the governing body
 2289  of the appointing local government shall adopt an amendment to
 2290  its local housing assistance plan to incorporate the local
 2291  housing incentive strategies it will implement within its
 2292  jurisdiction. The amendment must include, at a minimum, the
 2293  local housing incentive strategies required under s.
 2294  420.9071(16). The local government must consider the strategies
 2295  specified in paragraphs (4)(a)-(k) as recommended by the
 2296  advisory committee.
 2297         (7) The governing board of the county or the eligible
 2298  municipality shall notify the corporation by certified mail of
 2299  its adoption of an amendment of its local housing assistance
 2300  plan to incorporate local housing incentive strategies. The
 2301  notice must include a copy of the approved amended plan.
 2302         (a) If the corporation fails to receive timely the approved
 2303  amended local housing assistance plan to incorporate local
 2304  housing incentive strategies, a notice of termination of its
 2305  share of the local housing distribution shall be sent by
 2306  certified mail by the corporation to the affected county or
 2307  eligible municipality. The notice of termination must specify a
 2308  date of termination of the funding if the affected county or
 2309  eligible municipality has not adopted an amended local housing
 2310  assistance plan to incorporate local housing incentive
 2311  strategies. If the county or the eligible municipality has not
 2312  adopted an amended local housing assistance plan to incorporate
 2313  local housing incentive strategies by the termination date
 2314  specified in the notice of termination, the local distribution
 2315  share terminates; and any uncommitted local distribution funds
 2316  held by the affected county or eligible municipality in its
 2317  local housing assistance trust fund shall be transferred to the
 2318  Local Government Housing Trust Fund to the credit of the
 2319  corporation to administer the local government housing program
 2320  pursuant to s. 420.9078.
 2321         Section 31. Section 420.9078, Florida Statutes, is
 2322  repealed.
 2323         Section 32. Section 420.9079, Florida Statutes, is amended
 2324  to read:
 2325         420.9079 Local Government Housing Trust Fund.—
 2326         (1) There is created in the State Treasury the Local
 2327  Government Housing Trust Fund, which shall be administered by
 2328  the corporation on behalf of the department according to the
 2329  provisions of ss. 420.907-420.9076 420.907-420.9078 and this
 2330  section. There shall be deposited into the fund a portion of the
 2331  documentary stamp tax revenues as provided in s. 201.15, moneys
 2332  received from any other source for the purposes of ss. 420.907
 2333  420.9076 420.907-420.9078 and this section, and all proceeds
 2334  derived from the investment of such moneys. Moneys in the fund
 2335  that are not currently needed for the purposes of the programs
 2336  administered pursuant to ss. 420.907-420.9076 420.907-420.9078
 2337  and this section shall be deposited to the credit of the fund
 2338  and may be invested as provided by law. The interest received on
 2339  any such investment shall be credited to the fund.
 2340         (2) The corporation shall administer the fund exclusively
 2341  for the purpose of implementing the programs described in ss.
 2342  420.907-420.9076 420.907-420.9078 and this section. With the
 2343  exception of monitoring the activities of counties and eligible
 2344  municipalities to determine local compliance with program
 2345  requirements, the corporation shall not receive appropriations
 2346  from the fund for administrative or personnel costs. For the
 2347  purpose of implementing the compliance monitoring provisions of
 2348  s. 420.9075(9), the corporation may request a maximum of one
 2349  quarter of 1 percent of the annual appropriation per state
 2350  fiscal year. When such funding is appropriated, the corporation
 2351  shall deduct the amount appropriated prior to calculating the
 2352  local housing distribution pursuant to ss. 420.9072 and
 2353  420.9073.
 2354         Section 33. Subsection (12) of section 1001.43, Florida
 2355  Statutes, is amended to read:
 2356         1001.43 Supplemental powers and duties of district school
 2357  board.—The district school board may exercise the following
 2358  supplemental powers and duties as authorized by this code or
 2359  State Board of Education rule.
 2360         (12) AFFORDABLE HOUSING.—A district school board may use
 2361  portions of school sites purchased within the guidelines of the
 2362  State Requirements for Educational Facilities, land deemed not
 2363  usable for educational purposes because of location or other
 2364  factors, or land declared as surplus by the board to provide
 2365  sites for affordable housing for teachers and other district
 2366  personnel and, in areas of critical state concern, for other
 2367  essential services personnel as defined by local affordable
 2368  housing eligibility requirements, independently or in
 2369  conjunction with other agencies as described in subsection (5).
 2370         Section 34. The Legislature finds that this act fulfills an
 2371  important state interest.
 2372         Section 35. This act shall take effect upon becoming a law.