HB 7049

1	A bill to be entitled
2	An act relating to community affairs; creating s. 14.2017,
3	F.S.; creating the Office of Emergency Management within
4	the Executive Office of the Governor; providing for
5	appointment of a director; amending s. 20.10, F.S.;
6	creating additional divisions of the Department of State;
7	providing for appointment of certain directors or
8	executive directors by the Secretary of State; providing
9	appointment requirements; providing for employment of
10	personnel; specifying certain responsibilities of the
11	department; amending s. 163.3162, F.S.; conforming a
12	cross-reference; amending s. 163.3164, F.S.; revising and
13	providing definitions applicable to the Local Government
14	Comprehensive Planning and Land Development Regulation
15	Act; amending s. 163.3177, F.S.; revising requirements for
16	adopting amendments to the capital improvements element of
17	a local comprehensive plan; revising requirements for the
18	public school facilities element implementing a school
19	concurrency program; deleting a penalty for local
20	governments that fail to adopt a public school facilities
21	element and interlocal agreement; authorizing the
22	Administration Commission to impose sanctions; amending s.
23	163.3180, F.S.; revising concurrency requirements;
24	revising legislative findings; authorizing local
25	governments to establish areas that are exempt from
26	certain concurrency requirements for transportation
27	facilities; deleting certain requirements for
28	transportation concurrency exception areas; providing
29	procedures and requirements; revising provisions for
30	transportation concurrency exception areas to conform;
31	providing legislative intent and findings; providing
32	powers, duties, and responsibilities of the state land
33	planning agency and the Department of Transportation;
34	revising transportation concurrency requirements for
35	developments of regional impact; revising proportionate-
36	share contribution and mitigation requirements; revising
37	school concurrency requirements; requiring charter schools
38	to be considered as a mitigation option under certain
39	circumstances; amending s. 163.31801, F.S.; revising
40	requirements for adoption of impact fees; creating s.
41	163.31802, F.S.; prohibiting establishment of local
42	security standards requiring businesses to expend funds to
43	enhance local governmental services or functions under
44	certain circumstances; amending s. 163.3184, F.S.;
45	authorizing local governments to use a streamlined review
46	process for certain comprehensive plan amendments or
47	amendment packages; providing requirements; amending s.
48	163.32465, F.S.; providing for alternative state review
49	processes for local comprehensive plan amendments;
50	providing requirements, procedures, and limitations for
51	exemptions from state review of comprehensive plans;
52	replacing an alternative state review process pilot
53	program with a streamlined state review process; providing
54	requirements, procedures, and limitations for a
55	streamlined review process; specifying amendment
56	guidelines for streamlined review processes; requiring
57	that agencies submit comments within a specified period
58	after the state land planning agency notifies the local
59	government that the plan amendment package is complete;
60	requiring that the local government adopt a plan amendment
61	within a specified period after comments are received;
62	requiring that the state land planning agency adopt rules;
63	deleting provisions relating to reporting requirements for
64	the Office of Program Policy Analysis and Government
65	Accountability; deleting pilot program provisions;
66	providing legislative findings and determinations relating
67	to replacing the transportation concurrency system with a
68	mobility fee system; requiring the state land planning
69	agency and the Department of Transportation to study and
70	develop a methodology for a mobility fee system;
71	specifying criteria; requiring joint reports to the
72	Legislature; specifying report requirements; requiring the
73	Department of Transportation to establish an approved
74	transportation methodology for assessing the traffic
75	impacts of certain developments; providing for extending
76	certain permits, orders, or applications due to expire
77	December 31, 2010; providing for application of the
78	extension to certain related activities; amending ss.
79	186.513, 186.515, 287.042, 288.975, and 369.303, F.S.;
80	conforming cross-references; amending ss. 420.504 and
81	420.506, F.S.; conforming provisions to the transfer of
82	the Department of Community Affairs to the Department of
83	State; amending ss. 420.5095, 420.9071, and 420.9076,
84	F.S.; conforming cross-references; transferring the
85	Division of Housing and Community Development and the
86	Division of Community Planning of the Department of
87	Community Affairs to the Department of State; preserving
88	the validity of certain judicial or administrative
89	actions; transferring the Division of Emergency Management
90	of the Department of Community Affairs to the Executive
91	Office of the Governor; preserving the validity of certain
92	judicial or administrative actions; directing the Division
93	of Statutory Revision of the Office of Legislative
94	Services to assist the relevant substantive committees of
95	the Legislature in developing legislation to conform the
96	Florida Statutes to the transfer of the Department of
97	Community Affairs to the Department of State; amending ss.
98	212.08, 220.183, 381.7354, and 624.5105, F.S.; conforming
99	cross-references; repealing s. 20.18, F.S., relating to
100	the Department of Community Affairs; providing effective
101	dates.
102
103	Be It Enacted by the Legislature of the State of Florida:
104
105	Section 1.  Section 14.2017, Florida Statutes, is created
106	to read:
107	14.2017  Office of Emergency Management; creation; powers
108	and duties.--The Office of Emergency Management is created
109	within the Executive Office of the Governor. The director of the
110	Office of Emergency Management shall be appointed by and serve
111	at the pleasure of the Governor.
112	Section 2.  Section 20.10, Florida Statutes, is amended to
113	read:
114	20.10  Department of State.--There is created a Department
115	of State.
116	(1)  The head of the Department of State is the Secretary
117	of State. The Secretary of State shall be appointed by the
118	Governor, subject to confirmation by the Senate, and shall serve
119	at the pleasure of the Governor. The Secretary of State shall
120	perform the functions conferred by the State Constitution upon
121	the custodian of state records.
122	(2)  The following divisions of the Department of State are
123	established:
124	(a)  Division of Elections.
125	(b)  Division of Historical Resources.
126	(c)  Division of Corporations.
127	(d)  Division of Library and Information Services.
128	(e)  Division of Cultural Affairs.
129	(f)  Division of Administration.
130	(g)  Division of Housing and Community Development, which
131	shall include the Office of Urban Opportunity.
132	(h)  Division of State and Community Planning.
133	(3)  Unless otherwise provided by law, the Secretary of
134	State shall appoint the directors or executive directors of any
135	commission or council assigned to the department, who shall
136	serve at his or her pleasure as provided for division directors
137	in s. 110.205. The appointment or termination by the Secretary
138	of State shall be with the advice and consent of the commission
139	or council, and the director or executive director may employ,
140	subject to departmental rules and procedures, such personnel as
141	may be authorized and necessary.
142	(4)  The role of state government required by part I of
143	chapter 421 and chapters 422 and 423 is the responsibility of
144	the Department of State, and the department is the agency of
145	state government responsible for the state's role in housing and
146	urban development.
147	(5)(3)  The Department of State may adopt rules pursuant to
148	ss. 120.536(1) and 120.54 to administer the provisions of law
149	conferring duties upon the department.
150	Section 3.  Subsection (5) of section 163.3162, Florida
151	Statutes, is amended to read:
152	163.3162  Agricultural Lands and Practices Act.--
153	(5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.--The
154	owner of a parcel of land defined as an agricultural enclave
155	under s. 163.3164(33) may apply for an amendment to the local
156	government comprehensive plan pursuant to s. 163.3187. Such
157	amendment is presumed to be consistent with rule 9J-5.006(5),
158	Florida Administrative Code, and may include land uses and
159	intensities of use that are consistent with the uses and
160	intensities of use of the industrial, commercial, or residential
161	areas that surround the parcel. This presumption may be rebutted
162	by clear and convincing evidence. Each application for a
163	comprehensive plan amendment under this subsection for a parcel
164	larger than 640 acres must include appropriate new urbanism
165	concepts such as clustering, mixed-use development, the creation
166	of rural village and city centers, and the transfer of
167	development rights in order to discourage urban sprawl while
168	protecting landowner rights.
169	(a)  The local government and the owner of a parcel of land
170	that is the subject of an application for an amendment shall
171	have 180 days following the date that the local government
172	receives a complete application to negotiate in good faith to
173	reach consensus on the land uses and intensities of use that are
174	consistent with the uses and intensities of use of the
175	industrial, commercial, or residential areas that surround the
176	parcel. Within 30 days after the local government's receipt of
177	such an application, the local government and owner must agree
178	in writing to a schedule for information submittal, public
179	hearings, negotiations, and final action on the amendment, which
180	schedule may thereafter be altered only with the written consent
181	of the local government and the owner. Compliance with the
182	schedule in the written agreement constitutes good faith
183	negotiations for purposes of paragraph (c).
184	(b)  Upon conclusion of good faith negotiations under
185	paragraph (a), regardless of whether the local government and
186	owner reach consensus on the land uses and intensities of use
187	that are consistent with the uses and intensities of use of the
188	industrial, commercial, or residential areas that surround the
189	parcel, the amendment must be transmitted to the state land
190	planning agency for review pursuant to s. 163.3184. If the local
191	government fails to transmit the amendment within 180 days after
192	receipt of a complete application, the amendment must be
193	immediately transferred to the state land planning agency for
194	such review at the first available transmittal cycle. A plan
195	amendment transmitted to the state land planning agency
196	submitted under this subsection is presumed to be consistent
197	with rule 9J-5.006(5), Florida Administrative Code. This
198	presumption may be rebutted by clear and convincing evidence.
199	(c)  If the owner fails to negotiate in good faith, a plan
200	amendment submitted under this subsection is not entitled to the
201	rebuttable presumption under this subsection in the negotiation
202	and amendment process.
203	(d)  Nothing within this subsection relating to
204	agricultural enclaves shall preempt or replace any protection
205	currently existing for any property located within the
206	boundaries of the following areas:
207	1.  The Wekiva Study Area, as described in s. 369.316; or
208	2.  The Everglades Protection Area, as defined in s.
209	373.4592(2).
210	Section 4.  Section 163.3164, Florida Statutes, is amended
211	to read:
212	163.3164  Local Government Comprehensive Planning and Land
213	Development Regulation Act; definitions.--As used in this act:
214	(1)  "Administration Commission" means the Governor and the
215	Cabinet, and for purposes of this chapter the commission shall
216	act on a simple majority vote, except that for purposes of
217	imposing the sanctions provided in s. 163.3184(11), affirmative
218	action shall require the approval of the Governor and at least
219	three other members of the commission.
220	(2)(33)  "Agricultural enclave" means an unincorporated,
221	undeveloped parcel that:
222	(a)  Is owned by a single person or entity;
223	(b)  Has been in continuous use for bona fide agricultural
224	purposes, as defined by s. 193.461, for a period of 5 years
225	prior to the date of any comprehensive plan amendment
226	application;
227	(c)  Is surrounded on at least 75 percent of its perimeter
228	by:
229	1.  Property that has existing industrial, commercial, or
230	residential development; or
231	2.  Property that the local government has designated, in
232	the local government's comprehensive plan, zoning map, and
233	future land use map, as land that is to be developed for
234	industrial, commercial, or residential purposes, and at least 75
235	percent of such property is existing industrial, commercial, or
236	residential development;
237	(d)  Has public services, including water, wastewater,
238	transportation, schools, and recreation facilities, available or
239	such public services are scheduled in the capital improvement
240	element to be provided by the local government or can be
241	provided by an alternative provider of local government
242	infrastructure in order to ensure consistency with applicable
243	concurrency provisions of s. 163.3180; and
244	(e)  Does not exceed 1,280 acres; however, if the property
245	is surrounded by existing or authorized residential development
246	that will result in a density at buildout of at least 1,000
247	residents per square mile, then the area shall be determined to
248	be urban and the parcel may not exceed 4,480 acres.
249	(3)(2)  "Area" or "area of jurisdiction" means the total
250	area qualifying under the provisions of this act, whether this
251	be all of the lands lying within the limits of an incorporated
252	municipality, lands in and adjacent to incorporated
253	municipalities, all unincorporated lands within a county, or
254	areas comprising combinations of the lands in incorporated
255	municipalities and unincorporated areas of counties.
256	(4)(3)  "Coastal area" means the 35 coastal counties and
257	all coastal municipalities within their boundaries designated
258	coastal by the state land planning agency.
259	(5)(4)  "Comprehensive plan" means a plan that meets the
260	requirements of ss. 163.3177 and 163.3178.
261	(6)  "Dense urban area" means a census tract having an
262	average of at least 1,000 people per square mile of land area
263	according to the most recent data from the decennial census
264	conducted by the Bureau of the Census of the United States
265	Department of Commerce.
266	(7)(5)  "Developer" means any person, including a
267	governmental agency, undertaking any development as defined in
268	this act.
269	(8)(6)  "Development" has the meaning given it in s.
270	380.04.
271	(9)(7)  "Development order" means any order granting,
272	denying, or granting with conditions an application for a
273	development permit.
274	(10)(8)  "Development permit" includes any building permit,
275	zoning permit, subdivision approval, rezoning, certification,
276	special exception, variance, or any other official action of
277	local government having the effect of permitting the development
278	of land.
279	(11)(25)  "Downtown revitalization" means the physical and
280	economic renewal of a central business district of a community
281	as designated by local government, and includes both downtown
282	development and redevelopment.
283	(12)(29)  "Existing urban service area" means built-up
284	areas where public facilities and services such as sewage
285	treatment systems, roads, schools, and recreation areas are
286	already in place.
287	(13)(32)  "Financial feasibility" means that sufficient
288	revenues are currently available or will be available from
289	committed funding sources for the first 3 years, or will be
290	available from committed or planned funding sources for years 4
291	and 5, of a 5-year capital improvement schedule for financing
292	capital improvements, such as ad valorem taxes, bonds, state and
293	federal funds, tax revenues, impact fees, and developer
294	contributions, which are adequate to fund the projected costs of
295	the capital improvements identified in the comprehensive plan
296	necessary to ensure that adopted level-of-service standards are
297	achieved and maintained within the period covered by the 5-year
298	schedule of capital improvements. A comprehensive plan shall be
299	deemed financially feasible for transportation and school
300	facilities throughout the planning period addressed by the
301	capital improvements schedule if it can be demonstrated that the
302	level-of-service standards will be achieved and maintained by
303	the end of the planning period even if in a particular year such
304	improvements are not concurrent as required by s. 163.3180.
305	(14)(9)  "Governing body" means the board of county
306	commissioners of a county, the commission or council of an
307	incorporated municipality, or any other chief governing body of
308	a unit of local government, however designated, or the
309	combination of such bodies where joint utilization of the
310	provisions of this act is accomplished as provided herein.
311	(15)(10)  "Governmental agency" means:
312	(a)  The United States or any department, commission,
313	agency, or other instrumentality thereof.
314	(b)  This state or any department, commission, agency, or
315	other instrumentality thereof.
316	(c)  Any local government, as defined in this section, or
317	any department, commission, agency, or other instrumentality
318	thereof.
319	(d)  Any school board or other special district, authority,
320	or governmental entity.
321	(16)(11)  "Land" means the earth, water, and air, above,
322	below, or on the surface, and includes any improvements or
323	structures customarily regarded as land.
324	(17)(22)  "Land development regulation commission" means a
325	commission designated by a local government to develop and
326	recommend, to the local governing body, land development
327	regulations which implement the adopted comprehensive plan and
328	to review land development regulations, or amendments thereto,
329	for consistency with the adopted plan and report to the
330	governing body regarding its findings. The responsibilities of
331	the land development regulation commission may be performed by
332	the local planning agency.
333	(18)(23)  "Land development regulations" means ordinances
334	enacted by governing bodies for the regulation of any aspect of
335	development and includes any local government zoning, rezoning,
336	subdivision, building construction, or sign regulations or any
337	other regulations controlling the development of land, except
338	that this definition shall not apply in s. 163.3213.
339	(19)(12)  "Land use" means the development that has
340	occurred on the land, the development that is proposed by a
341	developer on the land, or the use that is permitted or
342	permissible on the land under an adopted comprehensive plan or
343	element or portion thereof, land development regulations, or a
344	land development code, as the context may indicate.
345	(20)(13)  "Local government" means any county or
346	municipality.
347	(21)(14)  "Local planning agency" means the agency
348	designated to prepare the comprehensive plan or plan amendments
349	required by this act.
350	(22)(15)  A "Newspaper of general circulation" means a
351	newspaper published at least on a weekly basis and printed in
352	the language most commonly spoken in the area within which it
353	circulates, but does not include a newspaper intended primarily
354	for members of a particular professional or occupational group,
355	a newspaper whose primary function is to carry legal notices, or
356	a newspaper that is given away primarily to distribute
357	advertising.
358	(23)(31)  "Optional sector plan" means an optional process
359	authorized by s. 163.3245 in which one or more local governments
360	by agreement with the state land planning agency are allowed to
361	address development-of-regional-impact issues within certain
362	designated geographic areas identified in the local
363	comprehensive plan as a means of fostering innovative planning
364	and development strategies in s. 163.3177(11)(a) and (b),
365	furthering the purposes of this part and part I of chapter 380,
366	reducing overlapping data and analysis requirements, protecting
367	regionally significant resources and facilities, and addressing
368	extrajurisdictional impacts.
369	(24)(16)  "Parcel of land" means any quantity of land
370	capable of being described with such definiteness that its
371	locations and boundaries may be established, which is designated
372	by its owner or developer as land to be used, or developed as, a
373	unit or which has been used or developed as a unit.
374	(25)(17)  "Person" means an individual, corporation,
375	governmental agency, business trust, estate, trust, partnership,
376	association, two or more persons having a joint or common
377	interest, or any other legal entity.
378	(26)(28)  "Projects that promote public transportation"
379	means projects that directly affect the provisions of public
380	transit, including transit terminals, transit lines and routes,
381	separate lanes for the exclusive use of public transit services,
382	transit stops (shelters and stations), office buildings or
383	projects that include fixed-rail or transit terminals as part of
384	the building, and projects which are transit oriented and
385	designed to complement reasonably proximate planned or existing
386	public facilities.
387	(27)(24)  "Public facilities" means major capital
388	improvements, including, but not limited to, transportation,
389	sanitary sewer, solid waste, drainage, potable water,
390	educational, parks and recreational, and health systems and
391	facilities, and spoil disposal sites for maintenance dredging
392	located in the intracoastal waterways, except for spoil disposal
393	sites owned or used by ports listed in s. 403.021(9)(b).
394	(28)(18)  "Public notice" means notice as required by s.
395	125.66(2) for a county or by s. 166.041(3)(a) for a
396	municipality. The public notice procedures required in this part
397	are established as minimum public notice procedures.
398	(29)(19)  "Regional planning agency" means the agency
399	designated by the state land planning agency to exercise
400	responsibilities under law in a particular region of the state.
401	(30)(20)  "State land planning agency" means the Department
402	of State Community Affairs.
403	(31)(21)  "Structure" has the meaning given it by s.
404	380.031(19).
405	(32)(30)  "Transportation corridor management" means the
406	coordination of the planning of designated future transportation
407	corridors with land use planning within and adjacent to the
408	corridor to promote orderly growth, to meet the concurrency
409	requirements of this chapter, and to maintain the integrity of
410	the corridor for transportation purposes.
411	(33)(27)  "Urban infill" means the development of vacant
412	parcels in otherwise built-up areas where public facilities such
413	as sewer systems, roads, schools, and recreation areas are
414	already in place and the average residential density is at least
415	five dwelling units per acre, the average nonresidential
416	intensity is at least a floor area ratio of 1.0 and vacant,
417	developable land does not constitute more than 10 percent of the
418	area.
419	(34)(26)  "Urban redevelopment" means demolition and
420	reconstruction or substantial renovation of existing buildings
421	or infrastructure within urban infill areas, existing urban
422	service areas, or community redevelopment areas created pursuant
423	to part III.
424	Section 5.  Paragraphs (b) and (c) of subsection (3) and
425	paragraphs (a), (j), and (k) of subsection (12) of section
426	163.3177, Florida Statutes, are amended, and paragraph (f) is
427	added to subsection (3) of that section, to read:
428	163.3177  Required and optional elements of comprehensive
429	plan; studies and surveys.--
430	(3)
431	(b)1.  The capital improvements element must be reviewed on
432	an annual basis and modified as necessary in accordance with s.
433	163.3187 or s. 163.3189 in order to maintain a financially
434	feasible 5-year schedule of capital improvements. Corrections
435	and modifications concerning costs; revenue sources; or
436	acceptance of facilities pursuant to dedications which are
437	consistent with the plan may be accomplished by ordinance and
438	shall not be deemed to be amendments to the local comprehensive
439	plan. A copy of the ordinance shall be transmitted to the state
440	land planning agency.
441	2.  An amendment to the comprehensive plan is required to
442	update the schedule on an annual basis or to eliminate, defer,
443	or delay the construction for any facility listed in the 5-year
444	schedule. All public facilities must be consistent with the
445	capital improvements element. Amendments to implement this
446	section must be adopted and transmitted no later than December
447	1, 2008. Thereafter, a local government may not amend its future
448	land use map, except for plan amendments to meet new
449	requirements under this part and emergency amendments pursuant
450	to s. 163.3187(1)(a), after December 1, 2008, and every year
451	thereafter, unless and until the local government has adopted
452	the annual update and it has been transmitted to the state land
453	planning agency.
454	3.2.  Capital improvements element amendments adopted after
455	the effective date of this act shall require only a single
456	public hearing before the governing board which shall be an
457	adoption hearing as described in s. 163.3184(7). Such amendments
458	are not subject to the requirements of s. 163.3184(3)-(6).
459	(c)  If the local government does not adopt the required
460	annual update to the schedule of capital improvements, the state
461	land planning agency may issue a notice to the local government
462	to show cause why sanctions should not be enforced for failure
463	to submit the annual update and may must notify the
464	Administration Commission. A local government that has a
465	demonstrated lack of commitment to meeting its obligations
466	identified in the capital improvements element may be subject to
467	sanctions by the Administration Commission pursuant to s.
468	163.3184(11).
469	(f)  A local government that has designated a
470	transportation concurrency exception area in its comprehensive
471	plan pursuant to s. 163.3180(5) shall be deemed to meet the
472	requirement to achieve and maintain level-of-service standards
473	if the capital improvements element and, as appropriate, the
474	capital improvements schedule include any capital improvements
475	planned within the scheduled timeframe based upon the strategies
476	adopted in the plan to promote mobility.
477	(12)  A public school facilities element adopted to
478	implement a school concurrency program shall meet the
479	requirements of this subsection. Each county and each
480	municipality within the county, unless exempt or subject to a
481	waiver, must adopt a public school facilities element that is
482	consistent with those adopted by the other local governments
483	within the county and enter the interlocal agreement pursuant to
484	s. 163.31777.
485	(a)  The state land planning agency may provide a waiver to
486	a county and to the municipalities within the county if the
487	capacity rate for all schools within the school district is no
488	greater than 100 percent and the projected 5-year capital outlay
489	full-time equivalent student growth rate is less than 10
490	percent. The state land planning agency may allow for a
491	projected 5-year capital outlay full-time equivalent student
492	growth rate to exceed 10 percent when the projected 10-year
493	capital outlay full-time equivalent student enrollment is less
494	than 2,000 students and the capacity rate for all schools within
495	the school district in the tenth year will not exceed the 100-
496	percent limitation. The state land planning agency may allow for
497	a single school to exceed the 100-percent limitation if it can
498	be demonstrated that the capacity rate for that single school is
499	not greater than 105 percent. In making this determination, the
500	state land planning agency shall consider the following
501	criteria:
502	1.  Whether the exceedance is due to temporary
503	circumstances;
504	2.  Whether the projected 5-year capital outlay full time
505	equivalent student growth rate for the school district is
506	approaching the 10-percent threshold;
507	3.  Whether one or more additional schools within the
508	school district are at or approaching the 100-percent threshold;
509	and
510	4.  The adequacy of the data and analysis submitted to
511	support the waiver request.
512	(j)  If a local government fails Failure to adopt the
513	public school facilities element, to enter into an approved
514	interlocal agreement as required by subparagraph (6)(h)2. and s.
515	163.31777, or to amend the comprehensive plan as necessary to
516	implement school concurrency, according to the phased schedule,
517	shall result in a local government being prohibited from
518	adopting amendments to the comprehensive plan which increase
519	residential density until the necessary amendments have been
520	adopted and transmitted to the state land planning agency.
521	(k)  the state land planning agency may issue the school
522	board a notice to the school board and the local government to
523	show cause why sanctions should not be enforced for such failure
524	to enter into an approved interlocal agreement as required by s.
525	163.31777 or for failure to implement the provisions of this act
526	relating to public school concurrency. The school board may be
527	subject to sanctions imposed by the Administration Commission
528	directing the Department of Education to withhold from the
529	district school board an equivalent amount of funds for school
530	construction available pursuant to ss. 1013.65, 1013.68,
531	1013.70, and 1013.72. The local government may be subject to
532	sanctions by the Administration Commission pursuant to s.
533	163.3184(11).
534	Section 6.  Subsections (5) and (12), paragraph (e) of
535	subsection (13), and subsection (16) of section 163.3180,
536	Florida Statutes, are amended to read:
537	163.3180  Concurrency.--
538	(5)(a)  The Legislature finds that under limited
539	circumstances dealing with transportation facilities,
540	countervailing planning and public policy goals may come into
541	conflict with the requirement that adequate public
542	transportation facilities and services be available concurrent
543	with the impacts of such development. The Legislature further
544	finds that often the unintended result of the concurrency
545	requirement for transportation facilities is often an impediment
546	to the promotion of vibrant, sustainable multiuse urban
547	communities the discouragement of urban infill development and
548	redevelopment. Such unintended results directly conflict with
549	the goals and policies of the state comprehensive plan and the
550	intent of this part. Therefore, exceptions from the concurrency
551	requirement for transportation facilities may be granted as
552	provided by this subsection.
553	(b)  A local government may establish an area within its
554	jurisdiction that is exempt grant an exception from the
555	concurrency requirement for transportation facilities pursuant
556	to the requirements of this subsection if the proposed
557	development is otherwise consistent with the adopted local
558	government comprehensive plan and is a project that promotes
559	public transportation or is located within an area designated in
560	the comprehensive plan for:
561	1.  Urban infill development;
562	2.  Urban redevelopment;
563	3.  Downtown revitalization;
564	4.  Urban infill and redevelopment under s. 163.2517; or
565	5.  An urban service area specifically designated as a
566	transportation concurrency exception area which includes lands
567	appropriate for compact, contiguous urban development, which
568	does not exceed the amount of land needed to accommodate the
569	projected population growth at densities consistent with the
570	adopted comprehensive plan within the 10-year planning period,
571	and which is served or is planned to be served with public
572	facilities and services as provided by the capital improvements
573	element.
574	(c)  The Legislature also finds that developments located
575	within urban infill, urban redevelopment, existing urban
576	service, or downtown revitalization areas or areas designated as
577	urban infill and redevelopment areas under s. 163.2517 which
578	pose only special part-time demands on the transportation system
579	should be excepted from the concurrency requirement for
580	transportation facilities. A special part-time demand is one
581	that does not have more than 200 scheduled events during any
582	calendar year and does not affect the 100 highest traffic volume
583	hours.
584	1.(d)  A local government shall establish transportation
585	concurrency exception area boundaries guidelines in its the
586	comprehensive plan for granting the exceptions authorized in
587	paragraphs (b) and (c) and subsections (7) and (15) which must
588	be consistent with and support a comprehensive strategy adopted
589	in the plan to promote the purpose of the exceptions.
590	2.(e)  The local government shall adopt into the
591	comprehensive plan and implement long-term strategies to support
592	and fund mobility within the designated exception area,
593	including alternative modes of transportation. The plan
594	amendment must also demonstrate how strategies will support the
595	purpose of the exception and how mobility within the designated
596	exception area will be provided.
597	3.  In addition, the strategies must address urban design;
598	appropriate land use mixes, including intensity and density; and
599	network connectivity plans needed to promote a vibrant,
600	sustainable, multiuse urban community infill, redevelopment, or
601	downtown revitalization. The comprehensive plan amendment
602	designating the concurrency exception area must be accompanied
603	by data and analysis supporting the local government's
604	determination of the boundaries of the transportation
605	concurrency exception justifying the size of the area.
606	(f)  Prior to the designation of a concurrency exception
607	area, the state land planning agency and the Department of
608	Transportation shall be consulted by the local government to
609	assess the impact that the proposed exception area is expected
610	to have on the adopted level-of-service standards established
611	for Strategic Intermodal System facilities, as defined in s.
612	339.64, and roadway facilities funded in accordance with s.
613	339.2819. Further,
614	4.  The local government shall provide strategies, in
615	consultation with the state land planning agency and the
616	Department of Transportation, develop a plan to mitigate any
617	impacts to the Strategic Intermodal System, including, if
618	appropriate, but not limited to, access management, parallel
619	reliever roads, and transportation demand management the
620	development of a long-term concurrency management system
621	pursuant to subsection (9) and s. 163.3177(3)(d). The exceptions
622	may be available only within the specific geographic area of the
623	jurisdiction designated in the plan. Pursuant to s. 163.3184,
624	any affected person may challenge a plan amendment establishing
625	these guidelines and the areas within which an exception could
626	be granted.
627	(d)(g)  Before designating a transportation concurrency
628	exception area, the local government shall consult with the
629	state land planning agency, the Department of Transportation,
630	and the appropriate regional planning council to assess the
631	impact the proposed exception area is expected to have on the
632	adopted level of service standards established for Strategic
633	Intermodal System facilities and roadway facilities funded in
634	accordance with s. 339.2819 areas existing prior to July 1,
635	2005, must, at a minimum, meet the provisions of this section by
636	July 1, 2006, or at the time of the comprehensive plan update
637	pursuant to the evaluation and appraisal report, whichever
638	occurs last.
639	(e)  It is the intent of the Legislature that establishment
640	of transportation concurrency exception areas are a matter of
641	local authority within the jurisdiction of a municipality or
642	within the boundary of a dense urban area, as defined in s.
643	163.3164, if within the jurisdiction of a county. As such,
644	amendments establishing transportation concurrency exception
645	areas in the comprehensive plan shall be subject to the
646	following review and challenge:
647	1.  The state land planning agency, the Department of
648	Transportation, and the appropriate regional planning council
649	may review and comment on the proposed amendment that
650	establishes a transportation concurrency exception area.
651	2.  Plan amendments shall be reviewed in the manner
652	described in ss. 163.3184(1), (2), (7), (14), (15), and (16) and
653	163.3187. The state land planning agency may not issue a report
654	as described in s. 163.3184(6)(c) giving any objections,
655	recommendations, or comments on proposed plan amendments or a
656	notice of intent on adopted plan amendments; however, affected
657	persons as defined in s. 163.3184(1)(a) may file a petition for
658	administrative review pursuant to s. 163.3187(3)(a) to challenge
659	the compliance of an adopted plan amendment.
660	(f)  Plan amendments establishing transportation
661	concurrency exception areas outside of municipalities or dense
662	urban areas as defined in s. 163.3164 shall be subject to review
663	under s. 163.3184, s. 163.3187, s. 163.3246, or s. 163.32465, as
664	applicable.
665	(g)  The Legislature also finds that certain developments,
666	due to their location or character, should be subject to special
667	consideration when applying concurrency for transportation.
668	1.  Developments located within urban infill, urban
669	redevelopment, existing urban service, or downtown
670	revitalization areas or areas designated as urban infill and
671	redevelopment areas under s. 163.2517, that impose only special
672	part-time demands upon the transportation system, are exempt
673	from concurrency requirements for transportation facilities. A
674	special part-time demand is one that does not have more than 200
675	scheduled events during any calendar year and does not affect
676	the 100 highest traffic volume hours.
677	2.  A development certified by the Office of Tourism,
678	Trade, and Economic Development as a qualified job creation
679	project that meets the criteria of s. 403.973(3) may be exempted
680	from transportation concurrency requirements by the local
681	government after consulting with the Department of
682	Transportation concerning any impacts on the Strategic
683	Intermodal System.
684	(12)(a)1.  A development of regional impact satisfies may
685	satisfy the transportation concurrency requirements of the local
686	comprehensive plan, the local government's concurrency
687	management system, and s. 380.06 by paying payment of a
688	proportionate-share contribution for local and regionally
689	significant traffic impacts, if:
690	a.(a)  The development of regional impact which, based on
691	its location or mix of land uses, is designed to encourage
692	pedestrian or other nonautomotive modes of transportation.;
693	b.(b)  The proportionate-share contribution for local and
694	regionally significant traffic impacts is sufficient to pay for
695	one or more required mobility improvements that will benefit the
696	network of a regionally significant transportation facilities.
697	facility;
698	c.(c)  The owner and developer of the development of
699	regional impact pays or assures payment of the proportionate-
700	share contribution.; and
701	2.(d)  If the regionally significant transportation
702	facility to be constructed or improved is under the maintenance
703	authority of a governmental entity, as defined by s. 334.03(12),
704	other than the local government having with jurisdiction over
705	the development of regional impact, the developer shall is
706	required to enter into a binding and legally enforceable
707	commitment to transfer funds to the governmental entity having
708	maintenance authority or to otherwise assure construction or
709	improvement of the facility.
710	(b)  The proportionate-share contribution may be applied to
711	any transportation facility to satisfy the provisions of this
712	subsection and the local comprehensive plan., but, for the
713	purposes of this subsection,
714	1.  The amount of the proportionate-share contribution
715	shall be calculated as follows:
716	a.  The determination of significantly affected roadways
717	shall be based upon the cumulative number of trips from the
718	previously approved stage or phase of development and the
719	proposed new stage or phase of development expected to reach
720	roadways during the peak hour at from the complete buildout of a
721	stage or phase being approved.
722	b.  For significantly affected roadways, the developer's
723	proportionate-share contribution shall be based solely upon the
724	number of trips from the proposed new stage or phase being
725	approved which would exceed the peak hour maximum service volume
726	of the roadway at the adopted level of service or the existing
727	volume, if the adopted level of service has been exceeded,
728	divided by the change in the peak hour maximum service volume of
729	the roadways resulting from the construction of an improvement
730	necessary to maintain the adopted level of service or, if
731	existing conditions exceed the adopted level of service, to
732	maintain existing conditions.
733	c.  The existing volume shall be calculated as the peak
734	hour maximum service volume of the roadway at the time the local
735	government reviews the analysis for the phase or stage.
736	2.  In order to determine the proportionate-share
737	contribution, the calculated proportionate-share contribution
738	shall be multiplied by the construction cost, at the time of
739	developer payment, of the improvement necessary to maintain the
740	adopted level of service or the existing volume, if the adopted
741	level of service has been exceeded. For purposes of this
742	subparagraph subsection, the term "construction cost" includes
743	all associated costs of the improvement.
744	3.  Proportionate-share mitigation shall be limited to
745	ensure that a development of regional impact meeting the
746	requirements of this subsection mitigates its impact on the
747	transportation system but is not responsible for the additional
748	cost of reducing or eliminating backlogs.
749	4.  Proportionate-share mitigation shall be applied as a
750	credit against any transportation impact fees or exactions
751	assessed for the traffic impacts of a development.
752	5.  Proportionate-share mitigation may be directed toward
753	one or more specific transportation improvements reasonably
754	related to the mobility demands created by the development, and
755	such improvements may address one or more modes of
756	transportation.
757	6.  Payment for improvements that significantly benefit the
758	impacted transportation system satisfies concurrency
759	requirements as a mitigation of the development's stage or phase
760	impacts upon the overall transportation system, even if there
761	remains a failure of concurrency on other impacted facilities.
762	(c)  For purposes of this subsection, the term:
763	1.  "Backlog" or "backlogged transportation facility" means
764	any facility on which the adopted level-of-service standard is
765	exceeded by the existing trips, plus background trips.
766	2.  "Background trips" means trips from sources other than
767	the development project under review that are forecasted by
768	established traffic standards, including, but not limited to,
769	traffic modeling, to be coincident with the particular stage or
770	phase of development under review.
771
772	This subsection also applies to Florida Quality Developments
773	pursuant to s. 380.061 and to detailed specific area plans
774	implementing optional sector plans pursuant to s. 163.3245.
775	(13)  School concurrency shall be established on a
776	districtwide basis and shall include all public schools in the
777	district and all portions of the district, whether located in a
778	municipality or an unincorporated area unless exempt from the
779	public school facilities element pursuant to s. 163.3177(12).
780	The application of school concurrency to development shall be
781	based upon the adopted comprehensive plan, as amended. All local
782	governments within a county, except as provided in paragraph
783	(f), shall adopt and transmit to the state land planning agency
784	the necessary plan amendments, along with the interlocal
785	agreement, for a compliance review pursuant to s. 163.3184(7)
786	and (8). The minimum requirements for school concurrency are the
787	following:
788	(e)  Availability standard.--Consistent with the public
789	welfare, a local government may not deny an application for site
790	plan, final subdivision approval, or the functional equivalent
791	for a development or phase of a development authorizing
792	residential development for failure to achieve and maintain the
793	level-of-service standard for public school capacity in a local
794	school concurrency management system where adequate school
795	facilities will be in place or under actual construction within
796	3 years after the issuance of final subdivision or site plan
797	approval, or the functional equivalent. School concurrency is
798	satisfied if the developer executes a legally binding commitment
799	to provide mitigation proportionate to the demand for public
800	school facilities to be created by actual development of the
801	property, including, but not limited to, the options described
802	in subparagraph 1. Options for proportionate-share mitigation of
803	impacts on public school facilities must be established in the
804	public school facilities element and the interlocal agreement
805	pursuant to s. 163.31777.
806	1.  Appropriate mitigation options include the contribution
807	of land; the construction, expansion, or payment for land
808	acquisition or construction of a public school facility; the
809	construction of a charter school that complies with the
810	requirements of s. 1002.33(18)(f); or the creation of mitigation
811	banking based on the construction of a public school facility in
812	exchange for the right to sell capacity credits. Such options
813	must include execution by the applicant and the local government
814	of a development agreement that constitutes a legally binding
815	commitment to pay proportionate-share mitigation for the
816	additional residential units approved by the local government in
817	a development order and actually developed on the property,
818	taking into account residential density allowed on the property
819	prior to the plan amendment that increased the overall
820	residential density. The district school board must be a party
821	to such an agreement. As a condition of its entry into such a
822	development agreement, the local government may require the
823	landowner to agree to continuing renewal of the agreement upon
824	its expiration.
825	2.  If the education facilities plan and the public
826	educational facilities element authorize a contribution of land;
827	the construction, expansion, or payment for land acquisition; or
828	the construction or expansion of a public school facility, or a
829	portion thereof; or the construction of a charter school that
830	complies with the requirements of s. 1002.33(18)(f), as
831	proportionate-share mitigation, the local government shall
832	credit such a contribution, construction, expansion, or payment
833	toward any other impact fee or exaction imposed by local
834	ordinance for the same need, on a dollar-for-dollar basis at
835	fair market value.
836	3.  Any proportionate-share mitigation must be directed by
837	the school board toward a school capacity improvement identified
838	in a financially feasible 5-year district work plan that
839	satisfies the demands created by the development in accordance
840	with a binding developer's agreement.
841	4.  If a development is precluded from commencing because
842	there is inadequate classroom capacity to mitigate the impacts
843	of the development, the development may nevertheless commence if
844	there are accelerated facilities in an approved capital
845	improvement element scheduled for construction in year four or
846	later of such plan which, when built, will mitigate the proposed
847	development, or if such accelerated facilities will be in the
848	next annual update of the capital facilities element, the
849	developer enters into a binding, financially guaranteed
850	agreement with the school district to construct an accelerated
851	facility within the first 3 years of an approved capital
852	improvement plan, and the cost of the school facility is equal
853	to or greater than the development's proportionate share. When
854	the completed school facility is conveyed to the school
855	district, the developer shall receive impact fee credits usable
856	within the zone where the facility is constructed or any
857	attendance zone contiguous with or adjacent to the zone where
858	the facility is constructed.
859	5.  This paragraph does not limit the authority of a local
860	government to deny a development permit or its functional
861	equivalent pursuant to its home rule regulatory powers, except
862	as provided in this part.
863	(16)  It is the intent of the Legislature to provide a
864	method by which the impacts of development on transportation
865	facilities can be mitigated by the cooperative efforts of the
866	public and private sectors. The methodology used to calculate
867	proportionate fair-share mitigation under this section shall be
868	as provided for in paragraph subsection (12)(b).
869	(a)  By December 1, 2006, Each local government shall adopt
870	by ordinance a methodology for assessing proportionate fair-
871	share mitigation options. By December 1, 2005, the Department of
872	Transportation shall develop a model transportation concurrency
873	management ordinance with methodologies for assessing
874	proportionate fair-share mitigation options.
875	(b)1.  In its transportation concurrency management system,
876	a local government shall, by December 1, 2006, include
877	methodologies that will be applied to calculate proportionate
878	fair-share mitigation. A developer may choose to satisfy all
879	transportation concurrency requirements by contributing or
880	paying proportionate fair-share mitigation if transportation
881	facilities or facility segments identified as mitigation for
882	traffic impacts are specifically identified for funding in the
883	5-year schedule of capital improvements in the capital
884	improvements element of the local plan or the long-term
885	concurrency management system or if such contributions or
886	payments to such facilities or segments are reflected in the 5-
887	year schedule of capital improvements in the next regularly
888	scheduled update of the capital improvements element. Updates to
889	the 5-year capital improvements element which reflect
890	proportionate fair-share contributions may not be found not in
891	compliance based on ss. 163.3164(13)(32) and 163.3177(3) if
892	additional contributions, payments or funding sources are
893	reasonably anticipated during a period not to exceed 10 years to
894	fully mitigate impacts on the transportation facilities.
895	2.  Proportionate fair-share mitigation shall be applied as
896	a credit against any transportation impact fees or exactions
897	assessed for the traffic impacts of a development to the extent
898	that all or a portion of the proportionate fair-share mitigation
899	is used to address the same capital infrastructure improvements
900	contemplated by the local government's impact fee ordinance.
901	(c)  Proportionate fair-share mitigation includes, without
902	limitation, separately or collectively, private funds,
903	contributions of land, and construction and contribution of
904	facilities and may include public funds as determined by the
905	local government. Proportionate fair-share mitigation may be
906	directed toward one or more specific transportation improvements
907	reasonably related to the mobility demands created by the
908	development and such improvements may address one or more modes
909	of travel. The fair market value of the proportionate fair-share
910	mitigation shall not differ based on the form of mitigation. A
911	local government may not require a development to pay more than
912	its proportionate fair-share contribution regardless of the
913	method of mitigation. Proportionate fair-share mitigation shall
914	be limited to ensure that a development meeting the requirements
915	of this section mitigates its impact on the transportation
916	system but is not responsible for the additional cost of
917	reducing or eliminating backlogs.
918	(d)  This subsection does not require a local government to
919	approve a development that is not otherwise qualified for
920	approval pursuant to the applicable local comprehensive plan and
921	land development regulations.
922	(e)  Mitigation for development impacts to facilities on
923	the Strategic Intermodal System made pursuant to this subsection
924	requires the concurrence of the Department of Transportation.
925	(f)  If the funds in an adopted 5-year capital improvements
926	element are insufficient to fully fund construction of a
927	transportation improvement required by the local government's
928	concurrency management system, a local government and a
929	developer may still enter into a binding proportionate-share
930	agreement authorizing the developer to construct that amount of
931	development on which the proportionate share is calculated if
932	the proportionate-share amount in such agreement is sufficient
933	to pay for one or more improvements which will, in the opinion
934	of the governmental entity or entities maintaining the
935	transportation facilities, significantly benefit the impacted
936	transportation system. The improvements funded by the
937	proportionate-share component must be adopted into the 5-year
938	capital improvements schedule of the comprehensive plan at the
939	next annual capital improvements element update. The funding of
940	any improvements that significantly benefit the impacted
941	transportation system satisfies concurrency requirements as a
942	mitigation of the development's impact upon the overall
943	transportation system even if there remains a failure of
944	concurrency on other impacted facilities.
945	(g)  Except as provided in subparagraph (b)1., this section
946	may not prohibit the state land planning agency Department of
947	Community Affairs from finding other portions of the capital
948	improvements element amendments not in compliance as provided in
949	this chapter.
950	(h)  The provisions of this subsection do not apply to a
951	development of regional impact satisfying the requirements of
952	subsection (12).
953	(i)  For purposes of this subsection, the term:
954	1.  "Backlog" or "backlogged transportation facility" means
955	any facility on which the adopted level-of-service standard is
956	exceeded by the existing trips, plus background trips.
957	2.  "Background trips" means trips from sources other than
958	the development project under review that are forecasted by
959	established traffic standards, including, but not limited to,
960	traffic modeling, to be coincident with the particular stage or
961	phase of development under review.
962	Section 7.  Paragraph (d) of subsection (3) of section
963	163.31801, Florida Statutes, is amended to read:
964	163.31801  Impact fees; short title; intent; definitions;
965	ordinances levying impact fees.--
966	(3)  An impact fee adopted by ordinance of a county or
967	municipality or by resolution of a special district must, at
968	minimum:
969	(d)  Require that notice be provided no less than 90 days
970	before the effective date of an ordinance or resolution imposing
971	a new or increased amended impact fee. A county or municipality
972	is not required to wait 90 days to decrease, suspend, or
973	eliminate an impact fee.
974	Section 8.  Section 163.31802, Florida Statutes, is created
975	to read:
976	163.31802  Prohibited standards for security.--A county,
977	municipality, or other entity of local government may not adopt
978	or maintain in effect an ordinance or rule that establishes
979	standards for security that require a lawful business to expend
980	funds to enhance the services or functions provided by local
981	government unless specifically provided by general law.
982	Section 9.  Subsection (2) of section 163.3184, Florida
983	Statutes, is amended, and paragraph (e) is added to subsection
984	(3) of that section, to read:
985	163.3184  Process for adoption of comprehensive plan or
986	plan amendment.--
987	(2)  COORDINATION.--Each comprehensive plan or plan
988	amendment proposed to be adopted pursuant to this part shall be
989	transmitted, adopted, and reviewed in the manner prescribed in
990	this section. The state land planning agency shall have
991	responsibility for plan review, coordination, and the
992	preparation and transmission of comments, pursuant to this
993	section, to the local governing body responsible for the
994	comprehensive plan. The state land planning agency shall
995	maintain a single file concerning any proposed or adopted plan
996	amendment submitted by a local government for any review under
997	this section. Copies of all correspondence, papers, notes,
998	memoranda, and other documents received or generated by the
999	state land planning agency must be placed in the appropriate
1000	file. Paper copies of all electronic mail correspondence must be
1001	placed in the file. The file and its contents must be available
1002	for public inspection and copying as provided in chapter 119. A
1003	local government may elect to use the streamlined review process
1004	in s. 163.32465 for any amendment or amendment package not
1005	expressly excluded by s. 163.32465(4). The local government must
1006	establish in its transmittal hearing required pursuant to this
1007	subsection that it elects to undergo the streamlined review
1008	process. If the local government has not specifically approved
1009	the streamlined review process for the amendment or amendment
1010	package, the amendment or amendment package shall be reviewed
1011	subject to the applicable process established in this section or
1012	s. 163.3187.
1013	(3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
1014	AMENDMENT.--
1015	(e)  At the request of an applicant, a local government
1016	shall consider an application for zoning changes that would be
1017	required to properly enact the provisions of any proposed plan
1018	amendment transmitted pursuant to this subsection. Zoning
1019	changes approved by the local government are contingent upon the
1020	state land planning agency issuing a notice of intent to find
1021	that the comprehensive plan or plan amendment transmitted is in
1022	compliance with this act.
1023	Section 10.  Section 163.32465, Florida Statutes, is
1024	amended to read:
1025	163.32465  Alternative state review processes for of local
1026	comprehensive plan amendments plans in urban areas.--
1027	(1)  LEGISLATIVE FINDINGS.--
1028	(a)  The Legislature finds that local governments in this
1029	state have a wide diversity of resources, conditions, abilities,
1030	and needs. The Legislature also finds that the needs and
1031	resources of urban areas are different from those of rural areas
1032	and that different planning and growth management approaches,
1033	strategies, and techniques are required in urban areas. The
1034	state role in overseeing growth management should reflect this
1035	diversity and should vary based on local government conditions,
1036	capabilities, needs, and extent of development. Thus, the
1037	Legislature recognizes and finds that reduced state oversight of
1038	local comprehensive planning is justified for some local
1039	governments in urban areas.
1040	(b)  The Legislature finds and declares that the diversity
1041	among local governments of this state state's urban areas
1042	require recognition that the a reduced level of state oversight
1043	should reflect the because of their high degree of urbanization
1044	and the planning capabilities and resources available to of many
1045	of their local governments. An Alternative state review
1046	processes process that are is adequate to protect issues of
1047	regional or statewide importance should be reflective of local
1048	governments' needs and capabilities created for appropriate
1049	local governments in these areas. Further, the Legislature finds
1050	that development, including urban infill and redevelopment,
1051	should be encouraged in these urban areas. The Legislature finds
1052	that an alternative process for amending local comprehensive
1053	plans in these areas should be established with an objective of
1054	streamlining the process and recognizing local responsibility
1055	and accountability.
1056	(c)  The Legislature finds a pilot program will be
1057	beneficial in evaluating an alternative, expedited plan
1058	amendment adoption and review process. Pilot local governments
1059	shall represent highly developed counties and the municipalities
1060	within these counties and highly populated municipalities.
1061	(2)  STATE REVIEW EXEMPTIONS.--Counties that have a
1062	population greater than 1 million and an average of at least
1063	1,000 residents per square mile and municipalities that have a
1064	population greater than 100,000 and an average of at least 1,000
1065	residents per square mile are subject to the review process
1066	established in this subsection.
1067	(a)  All comprehensive plan amendments, unless specifically
1068	identified as not eligible under subsection (4), must be adopted
1069	and reviewed in the manner described in ss. 163.3184(1), (2),
1070	(7), (14), (15), and (16) and 163.3187, such that state and
1071	regional agency review is eliminated. The state land planning
1072	agency may not issue a report as described in s. 163.3184(6)(c)
1073	giving any objections, recommendations, and comments on proposed
1074	plan amendments or a notice of intent on adopted plan
1075	amendments; however, affected persons as defined in s.
1076	163.3184(1)(a) may file a petition for administrative review
1077	pursuant to s. 163.3187(3)(a) to challenge the compliance of an
1078	adopted plan amendment.
1079	(b)  The local government's determination that the
1080	amendment is in compliance is presumed to be correct and shall
1081	be sustained unless it is shown by a preponderance of the
1082	evidence that the amendment is not in compliance.
1083	(c)  The population and density needed to identify local
1084	governments that qualify for state review exemption under this
1085	subsection shall be determined annually by the Office of
1086	Economic and Demographic Research using the most recent land
1087	area data from the decennial census conducted by the Bureau of
1088	the Census of the United States Department of Commerce and the
1089	latest available population estimates determined pursuant to s.
1090	186.901. For any local government that has a population meeting
1091	the criteria specified in this subsection and that has had its
1092	boundaries changed by annexation or contraction or by a new
1093	incorporation, the office shall determine the population density
1094	using the new jurisdictional boundaries as recorded in
1095	accordance with s. 171.091. The office shall annually submit to
1096	the state land planning agency a list of jurisdictions that meet
1097	the total population and density criteria necessary to qualify
1098	for a state review exemption under this subsection, and the
1099	state land planning agency shall publish the list of
1100	jurisdictions on its website within 7 days after receiving the
1101	list.
1102	(3)(2)  STREAMLINED ALTERNATIVE STATE REVIEW PROCESS PILOT
1103	PROGRAM.--A local government may elect pursuant to s. 163.3184
1104	to use the streamlined review process for any amendment or
1105	amendment package not expressly excluded by subsection (4).
1106	Pinellas and Broward Counties, and the municipalities within
1107	these counties, and Jacksonville, Miami, Tampa, and Hialeah
1108	shall follow an alternative state review process provided in
1109	this section. Municipalities within the pilot counties may
1110	elect, by super majority vote of the governing body, not to
1111	participate in the pilot program.
1112	(3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
1113	UNDER THE PILOT PROGRAM.--
1114	(a)  Plan amendments adopted by the pilot program
1115	jurisdictions shall follow the alternate, expedited process in
1116	subsections (4) and (5), except as set forth in paragraphs (b)-
1117	(e) of this subsection.
1118	(b)  Amendments that qualify as small-scale development
1119	amendments may continue to be adopted by the pilot program
1120	jurisdictions pursuant to s. 163.3187(1)(c) and (3).
1121	(c)  Plan amendments that propose a rural land stewardship
1122	area pursuant to s. 163.3177(11)(d); propose an optional sector
1123	plan; update a comprehensive plan based on an evaluation and
1124	appraisal report; implement new statutory requirements; or new
1125	plans for newly incorporated municipalities are subject to state
1126	review as set forth in s. 163.3184.
1127	(d)  Pilot program jurisdictions shall be subject to the
1128	frequency and timing requirements for plan amendments set forth
1129	in ss. 163.3187 and 163.3191, except where otherwise stated in
1130	this section.
1131	(e)  The mediation and expedited hearing provisions in s.
1132	163.3189(3) apply to all plan amendments adopted by the pilot
1133	program jurisdictions.
1134	(4)  INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
1135	PILOT PROGRAM.--
1136	(a)1.  The local government shall hold its first public
1137	hearing on a comprehensive plan amendment on a weekday at least
1138	7 days after the day the first advertisement is published
1139	pursuant to the requirements of chapter 125 or chapter 166. Upon
1140	an affirmative vote of not less than a majority of the members
1141	of the governing body present at the hearing, the local
1142	government shall immediately transmit the amendment or
1143	amendments and appropriate supporting data and analyses to the
1144	state land planning agency; the appropriate regional planning
1145	council and water management district; the Department of
1146	Environmental Protection; the Department of State; the
1147	Department of Transportation; in the case of municipal plans, to
1148	the appropriate county; the Fish and Wildlife Conservation
1149	Commission; the Department of Agriculture and Consumer Services;
1150	and in the case of amendments that include or impact the public
1151	school facilities element, the Office of Educational Facilities
1152	of the Commissioner of Education. The local governing body shall
1153	also transmit a copy of the amendments and supporting data and
1154	analyses to any other local government or governmental agency
1155	that has filed a written request with the governing body.
1156	2.(b)  The agencies and local governments specified in
1157	subparagraph 1. paragraph (a) may provide comments regarding the
1158	amendment or amendments to the local government. The regional
1159	planning council review and comment shall be limited to effects
1160	on regional resources or facilities identified in the strategic
1161	regional policy plan and extrajurisdictional impacts that would
1162	be inconsistent with the comprehensive plan of the affected
1163	local government. A regional planning council shall not review
1164	and comment on a proposed comprehensive plan amendment prepared
1165	by such council unless the plan amendment has been changed by
1166	the local government subsequent to the preparation of the plan
1167	amendment by the regional planning council. County comments on
1168	municipal comprehensive plan amendments shall be primarily in
1169	the context of the relationship and effect of the proposed plan
1170	amendments on the county plan. Municipal comments on county plan
1171	amendments shall be primarily in the context of the relationship
1172	and effect of the amendments on the municipal plan. State agency
1173	comments shall clearly identify as objections any issues that,
1174	if not resolved, may result in an agency request that the state
1175	land planning agency challenge the plan amendment and may
1176	include technical guidance on issues of agency jurisdiction as
1177	it relates to the requirements of this part. Such comments shall
1178	clearly identify issues that, if not resolved, may result in an
1179	agency challenge to the plan amendment. For the purposes of this
1180	pilot program, Agencies shall are encouraged to focus potential
1181	challenges on issues of regional or statewide importance.
1182	Agencies and local governments must transmit their comments, if
1183	issued, to the affected local government within 30 days after
1184	the state land planning agency notifies the affected local
1185	government that the plan amendment package is complete. The
1186	state land planning agency shall notify the local government of
1187	any deficiencies within 5 working days after receipt of an
1188	amendment package. Any comments from the agencies and local
1189	governments shall also be transmitted to the state land planning
1190	agency such that they are received by the local government not
1191	later than thirty days from the date on which the agency or
1192	government received the amendment or amendments.
1193	(5)  ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
1194	AREAS.--
1195	(b)1.(a)  The local government shall hold its second public
1196	hearing, which shall be a hearing on whether to adopt one or
1197	more comprehensive plan amendments, on a weekday at least 5 days
1198	after the day the second advertisement is published pursuant to
1199	the requirements of chapter 125 or chapter 166. Adoption of
1200	comprehensive plan amendments must be by ordinance and requires
1201	an affirmative vote of a majority of the members of the
1202	governing body present at the second hearing. The hearing must
1203	be conducted and the amendment must be adopted, adopted with
1204	changes, or not adopted within 120 days after the agency
1205	comments are received pursuant to subparagraph (a)2. If a local
1206	government fails to adopt the plan amendment within the
1207	timeframe set forth in this subparagraph, the plan amendment is
1208	deemed abandoned and the plan amendment may not be considered
1209	until the next available amendment cycle pursuant to s.
1210	163.3187. However, if the applicant or local government, prior
1211	to the expiration of such timeframe, notifies the state land
1212	planning agency that the applicant or local government is
1213	proceeding in good faith to adopt the plan amendment, the state
1214	land planning agency shall grant one or more extensions not to
1215	exceed a total of 360 days after the issuance of the agency
1216	report or comments. During the pendency of any such extension,
1217	the applicant or local government shall provide to the state
1218	land planning agency a status report every 90 days identifying
1219	the items continuing to be addressed and the manner in which the
1220	items are being addressed.
1221	2.(b)  All comprehensive plan amendments adopted by the
1222	governing body along with the supporting data and analysis shall
1223	be transmitted within 10 days of the second public hearing to
1224	the state land planning agency and any other agency or local
1225	government that provided timely comments under subparagraph
1226	(a)2. paragraph (4)(b).
1227	(6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
1228	PROGRAM.--
1229	(c)1.(a)  Any "affected person" as defined in s.
1230	163.3184(1)(a) may file a petition with the Division of
1231	Administrative Hearings pursuant to ss. 120.569 and 120.57, with
1232	a copy served on the affected local government, to request a
1233	formal hearing to challenge whether the amendments are "in
1234	compliance" as defined in s. 163.3184(1)(b). This petition must
1235	be filed with the Division within 30 days after the local
1236	government adopts the amendment. The state land planning agency
1237	may intervene in a proceeding instituted by an affected person.
1238	2.(b)  The state land planning agency may file a petition
1239	with the Division of Administrative Hearings pursuant to ss.
1240	120.569 and 120.57, with a copy served on the affected local
1241	government, to request a formal hearing. This petition must be
1242	filed with the Division within 30 days after the state land
1243	planning agency notifies the local government that the plan
1244	amendment package is complete. For purposes of this section, an
1245	amendment shall be deemed complete if it contains a full,
1246	executed copy of the adoption ordinance or ordinances; in the
1247	case of a text amendment, a full copy of the amended language in
1248	legislative format with new words inserted in the text
1249	underlined, and words to be deleted lined through with hyphens;
1250	in the case of a future land use map amendment, a copy of the
1251	future land use map clearly depicting the parcel, its existing
1252	future land use designation, and its adopted designation; and a
1253	copy of any data and analyses the local government deems
1254	appropriate. The state land planning agency shall notify the
1255	local government of any deficiencies within 5 working days of
1256	receipt of an amendment package.
1257	3.(c)  The state land planning agency's challenge shall be
1258	limited to those objections issues raised in the comments
1259	provided by the reviewing agencies pursuant to subparagraph
1260	(a)2. paragraph (4)(b). The state land planning agency may
1261	challenge a plan amendment that has substantially changed from
1262	the version on which the agencies provided comments. For the
1263	purposes of the streamlined review process under this subsection
1264	this pilot program, the Legislature strongly encourages the
1265	state land planning agency shall to focus any challenge on
1266	issues of regional or statewide importance.
1267	4.(d)  An administrative law judge shall hold a hearing in
1268	the affected local jurisdiction. In a proceeding involving an
1269	affected person as defined in s. 163.3184(1)(a), the local
1270	government's determination of compliance is fairly debatable. In
1271	a proceeding in which the state land planning agency challenges
1272	the local government's determination that the amendment is "in
1273	compliance," the determination is presumed to be correct and
1274	shall be sustained unless it is shown by a preponderance of the
1275	evidence that the amendment is not "in compliance."
1276	5.(e)  If the administrative law judge recommends that the
1277	amendment be found not in compliance, the judge shall submit the
1278	recommended order to the Administration Commission for final
1279	agency action. The Administration Commission shall enter a final
1280	order within 45 days after its receipt of the recommended order.
1281	6.(f)  If the administrative law judge recommends that the
1282	amendment be found in compliance, the judge shall submit the
1283	recommended order to the state land planning agency.
1284	a.1.  If the state land planning agency determines that the
1285	plan amendment should be found not in compliance, the agency
1286	shall refer, within 30 days of receipt of the recommended order,
1287	the recommended order and its determination to the
1288	Administration Commission for final agency action. If the
1289	commission determines that the amendment is not in compliance,
1290	it may sanction the local government as set forth in s.
1291	163.3184(11).
1292	b.2.  If the state land planning agency determines that the
1293	plan amendment should be found in compliance, the agency shall
1294	enter its final order not later than 30 days from receipt of the
1295	recommended order.
1296	7.(g)  An amendment adopted under the expedited provisions
1297	of this section shall not become effective until after the
1298	completion of the time period available to the state land
1299	planning agency for administrative challenge under this
1300	paragraph 31 days after adoption. If timely challenged, an
1301	amendment shall not become effective until the state land
1302	planning agency or the Administration Commission enters a final
1303	order determining that the adopted amendment is to be in
1304	compliance.
1305	8.(h)  Parties to a proceeding under this section may enter
1306	into compliance agreements using the process in s. 163.3184(16).
1307	Any remedial amendment adopted pursuant to a settlement
1308	agreement shall be provided to the agencies and governments
1309	listed in subparagraph (a)1. paragraph (4)(a).
1310	(4)  AMENDMENT GUIDELINES FOR THE STATE REVIEW EXEMPTIONS
1311	AND STREAMLINED STATE REVIEW PROCESSES.--
1312	(a)  The following plan amendments are not eligible for the
1313	alternative state review processes under this section and shall
1314	be reviewed subject to the applicable processes established in
1315	ss. 163.3184 and 163.3187:
1316	1.  Designate a rural land stewardship area pursuant to s.
1317	163.3177(11)(d).
1318	2.  Designate an optional sector plan.
1319	3.  Relate to an area of critical state concern or a
1320	coastal high hazard area.
1321	4.  Make the first change to a land use for lands that have
1322	been annexed into a municipality.
1323	5.  Update a comprehensive plan based on an evaluation and
1324	appraisal report.
1325	6.  Implement new plans for newly incorporated
1326	municipalities.
1327	(b)  Amendments under the alternative review processes are
1328	subject to the frequency and timing requirements for plan
1329	amendments set forth in ss. 163.3187 and 163.3191, except as
1330	otherwise stated in this section.
1331	(c)  The mediation and expedited hearing provisions in s.
1332	163.3189(3) apply to all plan amendments adopted pursuant to the
1333	alternative state review processes.
1334	(7)  APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
1335	GOVERNMENTS.--Local governments and specific areas that have
1336	been designated for alternate review process pursuant to ss.
1337	163.3246 and 163.3184(17) and (18) are not subject to this
1338	section.
1339	(5)(8)  RULEMAKING AUTHORITY FOR PILOT PROGRAM.--The state
1340	land planning agency may adopt procedural Agencies shall not
1341	promulgate rules to administer implement this section pilot
1342	program.
1343	(6)(9)  REPORT.--The state land planning agency may, from
1344	time to time, report to Office of Program Policy Analysis and
1345	Government Accountability shall submit to the Governor, the
1346	President of the Senate, and the Speaker of the House of
1347	Representatives on the implementation of this section by
1348	December 1, 2008, a report and recommendations for implementing
1349	a statewide program that addresses the legislative findings in
1350	subsection (1) in areas that meet urban criteria. The Office of
1351	Program Policy Analysis and Government Accountability in
1352	consultation with the state land planning agency shall develop
1353	the report and recommendations with input from other state and
1354	regional agencies, local governments, and interest groups.
1355	Additionally, the office shall review local and state actions
1356	and correspondence relating to the pilot program to identify
1357	issues of process and substance in recommending changes to the
1358	pilot program. At a minimum, the report and recommendations
1359	shall include the following:
1360	(a)  Identification of local governments beyond those
1361	participating in the pilot program that should be subject to the
1362	alternative expedited state review process. The report may
1363	recommend that pilot program local governments may no longer be
1364	appropriate for such alternative review process.
1365	(b)  Changes to the alternative expedited state review
1366	process for local comprehensive plan amendments identified in
1367	the pilot program.
1368	(c)  Criteria for determining issues of regional or
1369	statewide importance that are to be protected in the alternative
1370	state review process.
1371	(d)  In preparing the report and recommendations, the
1372	Office of Program Policy Analysis and Government Accountability
1373	shall consult with the state land planning agency, the
1374	Department of Transportation, the Department of Environmental
1375	Protection, and the regional planning agencies in identifying
1376	highly developed local governments to participate in the
1377	alternative expedited state review process. The Office of
1378	Program Policy Analysis and Governmental Accountability shall
1379	also solicit citizen input in the potentially affected areas and
1380	consult with the affected local governments and stakeholder
1381	groups.
1382	Section 11.  (1)(a)  The Legislature finds that the
1383	existing transportation concurrency system has not adequately
1384	addressed the transportation needs of this state in an
1385	effective, predictable, and equitable manner and is not
1386	producing a sustainable transportation system for the state. The
1387	Legislature finds that the current system is complex, lacks
1388	uniformity among jurisdictions, is too focused on roadways to
1389	the detriment of desired land use patterns and transportation
1390	alternatives, and frequently prevents the attainment of
1391	important growth management goals.
1392	(b)  The Legislature determines that the state shall
1393	evaluate and, as deemed feasible, implement a different adequate
1394	public facility requirement for transportation which uses a
1395	mobility fee. The mobility fee shall be designed to provide for
1396	mobility needs, ensure that development provides mitigation for
1397	its impacts on the transportation system in approximate
1398	proportionality to those impacts, fairly distribute financial
1399	burdens, and promote compact, mixed-use, and energy efficient
1400	development.
1401	(2)  The Legislature directs the state land planning agency
1402	and the Department of Transportation, both of which are
1403	currently performing independent mobility fee studies, to
1404	coordinate and use those studies in developing a methodology for
1405	a mobility fee system as follows:
1406	(a)  The uniform mobility fee methodology for statewide
1407	application is intended to replace existing transportation
1408	concurrency management systems adopted and implemented by local
1409	governments. The studies shall focus upon developing a
1410	methodology that includes:
1411	1.  A determination of the amount, distribution, and timing
1412	of vehicular and people-miles traveled by applying
1413	professionally accepted standards and practices in the
1414	disciplines of land use and transportation planning, including
1415	requirements of constitutional and statutory law.
1416	2.  The development of an equitable mobility fee that
1417	provides funding for future mobility needs whereby new
1418	development mitigates in approximate proportionality its impacts
1419	on the transportation system, yet is not delayed or held
1420	accountable for system backlogs or failures that are not
1421	directly attributable to the proposed development.
1422	3.  The replacement of transportation-related financial
1423	feasibility obligations, proportionate-share contributions for
1424	developments of regional impacts, proportionate fair-share
1425	contributions, and locally adopted transportation impact fees
1426	with the mobility fee, such that a single transportation fee may
1427	be applied uniformly on a statewide basis by application of the
1428	mobility fee formula developed by these studies.
1429	4.  Applicability of the mobility fee on a statewide or
1430	more limited geographic basis, accounting for special
1431	requirements arising from implementation for urban, suburban,
1432	and rural areas, including recommendations for an equitable
1433	implementation in these areas.
1434	5.  The feasibility of developer contributions of land for
1435	right-of-way or developer-funded improvements to the
1436	transportation network to be recognized as credits against the
1437	mobility fee by entering into mutually acceptable agreements
1438	reached with the impacted jurisdiction.
1439	6.  An equitable methodology for distribution of the
1440	mobility fee proceeds among those jurisdictions responsible for
1441	construction and maintenance of the impacted roadways, such that
1442	the collected mobility fees are used for improvements to the
1443	overall transportation network of the impacted jurisdiction.
1444	(b)  The state land planning agency and the Department of
1445	Transportation shall develop and submit to the President of the
1446	Senate and the Speaker of the House of Representatives, no later
1447	than July 15, 2009, an initial interim joint report on the
1448	status of the mobility fee methodology study, no later than
1449	October 1, 2009, a second interim joint report on the status of
1450	the mobility fee methodology study, and no later than December
1451	1, 2009, a final joint report on the mobility fee methodology
1452	study, complete with recommended legislation and a plan to
1453	implement the mobility fee as a replacement for the existing
1454	transportation concurrency management systems adopted and
1455	implemented by local governments. The final joint report shall
1456	also contain, but is not limited to, an economic analysis of
1457	implementation of the mobility fee, activities necessary to
1458	implement the fee, and potential costs and benefits at the state
1459	and local levels and to the private sector.
1460	Section 12.  The Department of Transportation shall
1461	establish an approved transportation methodology that recognizes
1462	that a planned, sustainable, or self-sufficient development area
1463	will likely achieve a community internal capture rate in excess
1464	of 30 percent when fully developed. A sustainable or self-
1465	sufficient development area consists of 500 acres or more of
1466	large-scale developments individually or collectively designed
1467	to achieve self containment by providing a balance of land uses
1468	to fulfill a majority of the community's needs. The adopted
1469	transportation methodology shall use a regional transportation
1470	model that incorporates professionally accepted modeling
1471	techniques applicable to well-planned, sustainable communities
1472	of the size, location, mix of uses, and design features
1473	consistent with such communities. The adopted transportation
1474	methodology shall serve as the basis for traffic impact
1475	assessments by the department of sustainable or self-sufficient
1476	developments. The methodology review must be completed and in
1477	use no later than October 1, 2009.
1478	Section 13.  Statewide permit extension.--
1479	(1)  In recognition of 2009 real estate market conditions,
1480	any construction or operating permit, development order,
1481	building or environmental permit, or other land use application
1482	that has been approved by a state or local governmental agency
1483	pursuant to chapter 161, chapter 163, chapter 253, chapter 373,
1484	chapter 378, chapter 379, chapter 380, chapter 381, chapter 403,
1485	or chapter 553, Florida Statutes, or pursuant to a local
1486	ordinance or resolution, and that has an expiration date prior
1487	to December 31, 2010, is extended and renewed for a period of 3
1488	years following its date of expiration.
1489	(2)  The 3-year extension also applies to phase,
1490	commencement, and build-out dates for any development order,
1491	including any build-out date extension previously granted under
1492	s. 380.06(19)(c), Florida Statutes, local land use approval, or
1493	related permits, including a certificate of concurrency or
1494	developer agreement or the equivalent thereof that has an
1495	expiration date or a previously extended expiration date prior
1496	to December 31, 2010. The completion date for any required
1497	mitigation associated with any phase of construction is
1498	similarly extended so that such mitigation takes place within
1499	the phase originally intended.
1500	(3)  The permitholder shall notify the permitting agencies
1501	of the intent to use this extension.
1502	Section 14.  Section 186.513, Florida Statutes, is amended
1503	to read:
1504	186.513  Reports.--Each regional planning council shall
1505	prepare and furnish an annual report on its activities to the
1506	state land planning agency as defined in s. 163.3164(20) and the
1507	local general-purpose governments within its boundaries and,
1508	upon payment as may be established by the council, to any
1509	interested person. The regional planning councils shall make a
1510	joint report and recommendations to appropriate legislative
1511	committees.
1512	Section 15.  Section 186.515, Florida Statutes, is amended
1513	to read:
1514	186.515  Creation of regional planning councils under
1515	chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and
1516	186.515 is intended to repeal or limit the provisions of chapter
1517	163; however, the local general-purpose governments serving as
1518	voting members of the governing body of a regional planning
1519	council created pursuant to ss. 186.501-186.507, 186.513, and
1520	186.515 are not authorized to create a regional planning council
1521	pursuant to chapter 163 unless an agency, other than a regional
1522	planning council created pursuant to ss. 186.501-186.507,
1523	186.513, and 186.515, is designated to exercise the powers and
1524	duties in any one or more of ss. 163.3164(29)(19) and
1525	380.031(15); in which case, such a regional planning council is
1526	also without authority to exercise the powers and duties in s.
1527	163.3164(29)(19) or s. 380.031(15).
1528	Section 16.  Paragraph (a) of subsection (15) of section
1529	287.042, Florida Statutes, is amended to read:
1530	287.042  Powers, duties, and functions.--The department
1531	shall have the following powers, duties, and functions:
1532	(15)(a)  To enter into joint agreements with governmental
1533	agencies, as defined in s. 163.3164(10), for the purpose of
1534	pooling funds for the purchase of commodities or information
1535	technology that can be used by multiple agencies. However, the
1536	department shall consult with the State Technology Office on
1537	joint agreements that involve the purchase of information
1538	technology. Agencies entering into joint purchasing agreements
1539	with the department or the State Technology Office shall
1540	authorize the department or the State Technology Office to
1541	contract for such purchases on their behalf.
1542	Section 17.  Paragraph (a) of subsection (2) of section
1543	288.975, Florida Statutes, is amended to read:
1544	288.975  Military base reuse plans.--
1545	(2)  As used in this section, the term:
1546	(a)  "Affected local government" means a local government
1547	adjoining the host local government and any other unit of local
1548	government that is not a host local government but that is
1549	identified in a proposed military base reuse plan as providing,
1550	operating, or maintaining one or more public facilities as
1551	defined in s. 163.3164(24) on lands within or serving a military
1552	base designated for closure by the Federal Government.
1553	Section 18.  Subsection (5) of section 369.303, Florida
1554	Statutes, is amended to read:
1555	369.303  Definitions.--As used in this part:
1556	(5)  "Land development regulation" means a land development
1557	regulation as defined covered by the definition in s.
1558	163.3164(23) and any of the types of regulations described in s.
1559	163.3202.
1560	Section 19.  Subsections (1) and (3) of section 420.504,
1561	Florida Statutes, are amended to read:
1562	420.504  Public corporation; creation, membership, terms,
1563	expenses.--
1564	(1)  There is created within the Department of State
1565	Community Affairs a public corporation and a public body
1566	corporate and politic, to be known as the "Florida Housing
1567	Finance Corporation." It is declared to be the intent of and
1568	constitutional construction by the Legislature that the Florida
1569	Housing Finance Corporation constitutes an entrepreneurial
1570	public corporation organized to provide and promote the public
1571	welfare by administering the governmental function of financing
1572	or refinancing housing and related facilities in Florida and
1573	that the corporation is not a department of the executive branch
1574	of state government within the scope and meaning of s. 6, Art.
1575	IV of the State Constitution, but is functionally related to the
1576	Department of State Community Affairs in which it is placed. The
1577	executive function of state government to be performed by the
1578	secretary of the department in the conduct of the business of
1579	the Florida Housing Finance Corporation must be performed
1580	pursuant to a contract to monitor and set performance standards
1581	for the implementation of the business plan for the provision of
1582	housing approved for the corporation as provided in s. 420.0006.
1583	This contract shall include the performance standards for the
1584	provision of affordable housing in Florida established in the
1585	business plan described in s. 420.511.
1586	(3)  The corporation is a separate budget entity and is not
1587	subject to control, supervision, or direction by the Department
1588	of State Community Affairs in any manner, including, but not
1589	limited to, personnel, purchasing, transactions involving real
1590	or personal property, and budgetary matters. The corporation
1591	shall consist of a board of directors composed of the Secretary
1592	of State Community Affairs as an ex officio and voting member
1593	and eight members appointed by the Governor subject to
1594	confirmation by the Senate from the following:
1595	(a)  One citizen actively engaged in the residential home
1596	building industry.
1597	(b)  One citizen actively engaged in the banking or
1598	mortgage banking industry.
1599	(c)  One citizen who is a representative of those areas of
1600	labor engaged in home building.
1601	(d)  One citizen with experience in housing development who
1602	is an advocate for low-income persons.
1603	(e)  One citizen actively engaged in the commercial
1604	building industry.
1605	(f)  One citizen who is a former local government elected
1606	official.
1607	(g)  Two citizens of the state who are not principally
1608	employed as members or representatives of any of the groups
1609	specified in paragraphs (a)-(f).
1610	Section 20.  Section 420.506, Florida Statutes, is amended
1611	to read:
1612	420.506  Executive director; agents and employees.--The
1613	appointment and removal of an executive director shall be by the
1614	Secretary of State Community Affairs, with the advice and
1615	consent of the corporation's board of directors. The executive
1616	director shall employ legal and technical experts and such other
1617	agents and employees, permanent and temporary, as the
1618	corporation may require, and shall communicate with and provide
1619	information to the Legislature with respect to the corporation's
1620	activities. The board is authorized, notwithstanding the
1621	provisions of s. 216.262, to develop and implement rules
1622	regarding the employment of employees of the corporation and
1623	service providers, including legal counsel. The board of
1624	directors of the corporation is entitled to establish travel
1625	procedures and guidelines for employees of the corporation. The
1626	executive director's office and the corporation's files and
1627	records must be located in Leon County.
1628	Section 21.  Subsection (10) of section 420.5095, Florida
1629	Statutes, is amended to read:
1630	420.5095  Community Workforce Housing Innovation Pilot
1631	Program.--
1632	(10)  The processing of approvals of development orders or
1633	development permits, as defined in s. 163.3164(7) and (8), for
1634	innovative community workforce housing projects shall be
1635	expedited.
1636	Section 22.  Subsection (16) of section 420.9071, Florida
1637	Statutes, is amended to read:
1638	420.9071  Definitions.--As used in ss. 420.907-420.9079,
1639	the term:
1640	(16)  "Local housing incentive strategies" means local
1641	regulatory reform or incentive programs to encourage or
1642	facilitate affordable housing production, which include at a
1643	minimum, assurance that development orders and development
1644	permits as defined in s. 163.3164(7) and (8) for affordable
1645	housing projects are expedited to a greater degree than other
1646	projects; an ongoing process for review of local policies,
1647	ordinances, regulations, and plan provisions that increase the
1648	cost of housing prior to their adoption; and a schedule for
1649	implementing the incentive strategies. Local housing incentive
1650	strategies may also include other regulatory reforms, such as
1651	those enumerated in s. 420.9076 and adopted by the local
1652	governing body.
1653	Section 23.  Paragraph (a) of subsection (4) of section
1654	420.9076, Florida Statutes, is amended to read:
1655	420.9076  Adoption of affordable housing incentive
1656	strategies; committees.--
1657	(4)  Triennially, the advisory committee shall review the
1658	established policies and procedures, ordinances, land
1659	development regulations, and adopted local government
1660	comprehensive plan of the appointing local government and shall
1661	recommend specific actions or initiatives to encourage or
1662	facilitate affordable housing while protecting the ability of
1663	the property to appreciate in value. The recommendations may
1664	include the modification or repeal of existing policies,
1665	procedures, ordinances, regulations, or plan provisions; the
1666	creation of exceptions applicable to affordable housing; or the
1667	adoption of new policies, procedures, regulations, ordinances,
1668	or plan provisions, including recommendations to amend the local
1669	government comprehensive plan and corresponding regulations,
1670	ordinances, and other policies. At a minimum, each advisory
1671	committee shall submit a report to the local governing body that
1672	includes recommendations on, and triennially thereafter
1673	evaluates the implementation of, affordable housing incentives
1674	in the following areas:
1675	(a)  The processing of approvals of development orders or
1676	development permits, as defined in s. 163.3164(7) and (8), for
1677	affordable housing projects is expedited to a greater degree
1678	than other projects.
1679
1680	The advisory committee recommendations may also include other
1681	affordable housing incentives identified by the advisory
1682	committee. Local governments that receive the minimum allocation
1683	under the State Housing Initiatives Partnership Program shall
1684	perform the initial review but may elect to not perform the
1685	triennial review.
1686	Section 24.  (1)  Effective October 1, 2009, the Division
1687	of Housing and Community Development and the Division of
1688	Community Planning of the Department of Community Affairs are
1689	hereby transferred by a type two transfer, as defined in s.
1690	20.06(2), Florida Statutes, to the Department of State. The
1691	transfer includes:
1692	(a)  All statutory powers, duties, functions, records,
1693	personnel, and property of the Division of Housing and Community
1694	Development and the Division of Community Planning within the
1695	Department of Community Affairs.
1696	(b)  All unexpended balances of appropriations,
1697	allocations, trust funds, and other funds used to fund the
1698	operations of the Division of Housing and Community Development
1699	and the Division of Community Planning within the Department of
1700	Community Affairs.
1701	(c)  All existing legal authorities and actions of the
1702	Division of Housing and Community Development and the Division
1703	of Community Planning within the Department of Community
1704	Affairs, including, but not limited to, all pending and
1705	completed action on orders and rules, all enforcement matters,
1706	and all delegations, interagency agreements, and contracts with
1707	federal, state, regional, and local governments and private
1708	entities.
1709	(2)  This section shall not affect the validity of any
1710	judicial or administrative action involving the Division of
1711	Housing and Community Development or the Division of Community
1712	Planning within the Department of Community Affairs pending on
1713	October 1, 2009, and the Department of State shall be
1714	substituted as a party in interest in any such action.
1715	Section 25.  (1)  Effective October 1, 2009, the Division
1716	of Emergency Management of the Department of Community Affairs
1717	is hereby transferred by a type two transfer, as defined in s.
1718	20.06(2), Florida Statutes, to the Executive Office of the
1719	Governor and is renamed the Office of Emergency Management. The
1720	transfer includes:
1721	(a)  All statutory powers, duties, functions, records,
1722	personnel, and property of the Division of Emergency Management
1723	within the Department of Community Affairs.
1724	(b)  All unexpended balances of appropriations,
1725	allocations, trust funds, and other funds used to fund the
1726	operations of the Division of Emergency Management within the
1727	Department of Community Affairs.
1728	(c)  All existing legal authorities and actions of the
1729	Division of Emergency Management, including, but not limited to,
1730	all pending and completed action on orders and rules, all
1731	enforcement matters, and all delegations, interagency
1732	agreements, and contracts with federal, state, regional, and
1733	local governments and private entities.
1734	(2)  This section shall not affect the validity of any
1735	judicial or administrative action involving the Division of
1736	Emergency Management within the Department of Community Affairs
1737	pending on October 1, 2009, and the Executive Office of the
1738	Governor shall be substituted as a party in interest in any such
1739	action.
1740	Section 26.  Conforming legislation.--The Legislature
1741	recognizes that there is a need to conform the Florida Statutes
1742	to the policy decisions reflected in this act and that there is
1743	a need to resolve apparent conflicts between this act and any
1744	other legislation enacted during 2009 relating to the Department
1745	of Community Affairs, the Department of State, and the Executive
1746	Office of the Governor. Therefore, in the interim between this
1747	act becoming a law and the 2010 Regular Session of the
1748	Legislature or an earlier special session addressing this issue,
1749	the Division of Statutory Revision of the Office of Legislative
1750	Services shall, upon request, provide the relevant substantive
1751	committees of the Senate and the House of Representatives with
1752	assistance to enable such committees to prepare draft
1753	legislation to conform the Florida Statutes and any legislation
1754	enacted during 2009 to the provisions of this act.
1755	Section 27.  The Secretary of State shall evaluate the
1756	programs, functions, and activities transferred to the
1757	Department of State by this act and recommend statutory changes
1758	to best effectuate and incorporate the programs, functions, and
1759	activities within the Department of State, including
1760	recommendations for achieving efficiencies in management and
1761	operation, improving service delivery to the public, and
1762	ensuring compliance with federal and state laws. The secretary
1763	shall submit his or her recommendations to the Governor, the
1764	President of the Senate, and the Speaker of the House of
1765	Representatives no later than January 1, 2010.
1766	Section 28.  Except as otherwise provided in this act, it
1767	is the intent of the Legislature that the programs, functions,
1768	and activities of the Department of Community Affairs continue
1769	without significant change during the 2009-2010 fiscal year, and
1770	no change in department rules shall be made until July 1, 2010,
1771	except as is required to reflect changes in or for compliance
1772	with new federal or state laws. This limitation on rule adoption
1773	shall not apply to rules regarding the Florida Building Code
1774	adopted under the authority of chapter 553, Florida Statutes.
1775	Section 29.  Paragraph (p) of subsection (5) of section
1776	212.08, Florida Statutes, is amended to read:
1777	212.08  Sales, rental, use, consumption, distribution, and
1778	storage tax; specified exemptions.--The sale at retail, the
1779	rental, the use, the consumption, the distribution, and the
1780	storage to be used or consumed in this state of the following
1781	are hereby specifically exempt from the tax imposed by this
1782	chapter.
1783	(5)  EXEMPTIONS; ACCOUNT OF USE.--
1784	(p)  Community contribution tax credit for donations.--
1785	1.  Authorization.--Persons who are registered with the
1786	department under s. 212.18 to collect or remit sales or use tax
1787	and who make donations to eligible sponsors are eligible for tax
1788	credits against their state sales and use tax liabilities as
1789	provided in this paragraph:
1790	a.  The credit shall be computed as 50 percent of the
1791	person's approved annual community contribution.
1792	b.  The credit shall be granted as a refund against state
1793	sales and use taxes reported on returns and remitted in the 12
1794	months preceding the date of application to the department for
1795	the credit as required in sub-subparagraph 3.c. If the annual
1796	credit is not fully used through such refund because of
1797	insufficient tax payments during the applicable 12-month period,
1798	the unused amount may be included in an application for a refund
1799	made pursuant to sub-subparagraph 3.c. in subsequent years
1800	against the total tax payments made for such year. Carryover
1801	credits may be applied for a 3-year period without regard to any
1802	time limitation that would otherwise apply under s. 215.26.
1803	c.  A person may not receive more than $200,000 in annual
1804	tax credits for all approved community contributions made in any
1805	one year.
1806	d.  All proposals for the granting of the tax credit
1807	require the prior approval of the Office of Tourism, Trade, and
1808	Economic Development.
1809	e.  The total amount of tax credits which may be granted
1810	for all programs approved under this paragraph, s. 220.183, and
1811	s. 624.5105 is $10.5 million annually for projects that provide
1812	homeownership opportunities for low-income or very-low-income
1813	households as defined in s. 420.9071(19) and (28) and $3.5
1814	million annually for all other projects.
1815	f.  A person who is eligible to receive the credit provided
1816	for in this paragraph, s. 220.183, or s. 624.5105 may receive
1817	the credit only under the one section of the person's choice.
1818	2.  Eligibility requirements.--
1819	a.  A community contribution by a person must be in the
1820	following form:
1821	(I)  Cash or other liquid assets;
1822	(II)  Real property;
1823	(III)  Goods or inventory; or
1824	(IV)  Other physical resources as identified by the Office
1825	of Tourism, Trade, and Economic Development.
1826	b.  All community contributions must be reserved
1827	exclusively for use in a project. As used in this sub-
1828	subparagraph, the term "project" means any activity undertaken
1829	by an eligible sponsor which is designed to construct, improve,
1830	or substantially rehabilitate housing that is affordable to low-
1831	income or very-low-income households as defined in s.
1832	420.9071(19) and (28); designed to provide commercial,
1833	industrial, or public resources and facilities; or designed to
1834	improve entrepreneurial and job-development opportunities for
1835	low-income persons. A project may be the investment necessary to
1836	increase access to high-speed broadband capability in rural
1837	communities with enterprise zones, including projects that
1838	result in improvements to communications assets that are owned
1839	by a business. A project may include the provision of museum
1840	educational programs and materials that are directly related to
1841	any project approved between January 1, 1996, and December 31,
1842	1999, and located in an enterprise zone designated pursuant to
1843	s. 290.0065. This paragraph does not preclude projects that
1844	propose to construct or rehabilitate housing for low-income or
1845	very-low-income households on scattered sites. With respect to
1846	housing, contributions may be used to pay the following eligible
1847	low-income and very-low-income housing-related activities:
1848	(I)  Project development impact and management fees for
1849	low-income or very-low-income housing projects;
1850	(II)  Down payment and closing costs for eligible persons,
1851	as defined in s. 420.9071(19) and (28);
1852	(III)  Administrative costs, including housing counseling
1853	and marketing fees, not to exceed 10 percent of the community
1854	contribution, directly related to low-income or very-low-income
1855	projects; and
1856	(IV)  Removal of liens recorded against residential
1857	property by municipal, county, or special district local
1858	governments when satisfaction of the lien is a necessary
1859	precedent to the transfer of the property to an eligible person,
1860	as defined in s. 420.9071(19) and (28), for the purpose of
1861	promoting home ownership. Contributions for lien removal must be
1862	received from a nonrelated third party.
1863	c.  The project must be undertaken by an "eligible
1864	sponsor," which includes:
1865	(I)  A community action program;
1866	(II)  A nonprofit community-based development organization
1867	whose mission is the provision of housing for low-income or
1868	very-low-income households or increasing entrepreneurial and
1869	job-development opportunities for low-income persons;
1870	(III)  A neighborhood housing services corporation;
1871	(IV)  A local housing authority created under chapter 421;
1872	(V)  A community redevelopment agency created under s.
1873	163.356;
1874	(VI)  The Florida Industrial Development Corporation;
1875	(VII)  A historic preservation district agency or
1876	organization;
1877	(VIII)  A regional workforce board;
1878	(IX)  A direct-support organization as provided in s.
1879	1009.983;
1880	(X)  An enterprise zone development agency created under s.
1881	290.0056;
1882	(XI)  A community-based organization incorporated under
1883	chapter 617 which is recognized as educational, charitable, or
1884	scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
1885	and whose bylaws and articles of incorporation include
1886	affordable housing, economic development, or community
1887	development as the primary mission of the corporation;
1888	(XII)  Units of local government;
1889	(XIII)  Units of state government; or
1890	(XIV)  Any other agency that the Office of Tourism, Trade,
1891	and Economic Development designates by rule.
1892
1893	In no event may a contributing person have a financial interest
1894	in the eligible sponsor.
1895	d.  The project must be located in an area designated an
1896	enterprise zone or a Front Porch Florida Community pursuant to
1897	s. 20.18(6), unless the project increases access to high-speed
1898	broadband capability for rural communities with enterprise zones
1899	but is physically located outside the designated rural zone
1900	boundaries. Any project designed to construct or rehabilitate
1901	housing for low-income or very-low-income households as defined
1902	in s. 420.9071(19) and (28) is exempt from the area requirement
1903	of this sub-subparagraph.
1904	e.(I)  If, during the first 10 business days of the state
1905	fiscal year, eligible tax credit applications for projects that
1906	provide homeownership opportunities for low-income or very-low-
1907	income households as defined in s. 420.9071(19) and (28) are
1908	received for less than the annual tax credits available for
1909	those projects, the Office of Tourism, Trade, and Economic
1910	Development shall grant tax credits for those applications and
1911	shall grant remaining tax credits on a first-come, first-served
1912	basis for any subsequent eligible applications received before
1913	the end of the state fiscal year. If, during the first 10
1914	business days of the state fiscal year, eligible tax credit
1915	applications for projects that provide homeownership
1916	opportunities for low-income or very-low-income households as
1917	defined in s. 420.9071(19) and (28) are received for more than
1918	the annual tax credits available for those projects, the office
1919	shall grant the tax credits for those applications as follows:
1920	(A)  If tax credit applications submitted for approved
1921	projects of an eligible sponsor do not exceed $200,000 in total,
1922	the credits shall be granted in full if the tax credit
1923	applications are approved.
1924	(B)  If tax credit applications submitted for approved
1925	projects of an eligible sponsor exceed $200,000 in total, the
1926	amount of tax credits granted pursuant to sub-sub-sub-
1927	subparagraph (A) shall be subtracted from the amount of
1928	available tax credits, and the remaining credits shall be
1929	granted to each approved tax credit application on a pro rata
1930	basis.
1931	(II)  If, during the first 10 business days of the state
1932	fiscal year, eligible tax credit applications for projects other
1933	than those that provide homeownership opportunities for low-
1934	income or very-low-income households as defined in s.
1935	420.9071(19) and (28) are received for less than the annual tax
1936	credits available for those projects, the office shall grant tax
1937	credits for those applications and shall grant remaining tax
1938	credits on a first-come, first-served basis for any subsequent
1939	eligible applications received before the end of the state
1940	fiscal year. If, during the first 10 business days of the state
1941	fiscal year, eligible tax credit applications for projects other
1942	than those that provide homeownership opportunities for low-
1943	income or very-low-income households as defined in s.
1944	420.9071(19) and (28) are received for more than the annual tax
1945	credits available for those projects, the office shall grant the
1946	tax credits for those applications on a pro rata basis.
1947	3.  Application requirements.--
1948	a.  Any eligible sponsor seeking to participate in this
1949	program must submit a proposal to the Office of Tourism, Trade,
1950	and Economic Development which sets forth the name of the
1951	sponsor, a description of the project, and the area in which the
1952	project is located, together with such supporting information as
1953	is prescribed by rule. The proposal must also contain a
1954	resolution from the local governmental unit in which the project
1955	is located certifying that the project is consistent with local
1956	plans and regulations.
1957	b.  Any person seeking to participate in this program must
1958	submit an application for tax credit to the office which sets
1959	forth the name of the sponsor, a description of the project, and
1960	the type, value, and purpose of the contribution. The sponsor
1961	shall verify the terms of the application and indicate its
1962	receipt of the contribution, which verification must be in
1963	writing and accompany the application for tax credit. The person
1964	must submit a separate tax credit application to the office for
1965	each individual contribution that it makes to each individual
1966	project.
1967	c.  Any person who has received notification from the
1968	office that a tax credit has been approved must apply to the
1969	department to receive the refund. Application must be made on
1970	the form prescribed for claiming refunds of sales and use taxes
1971	and be accompanied by a copy of the notification. A person may
1972	submit only one application for refund to the department within
1973	any 12-month period.
1974	4.  Administration.--
1975	a.  The Office of Tourism, Trade, and Economic Development
1976	may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
1977	to administer this paragraph, including rules for the approval
1978	or disapproval of proposals by a person.
1979	b.  The decision of the office must be in writing, and, if
1980	approved, the notification shall state the maximum credit
1981	allowable to the person. Upon approval, the office shall
1982	transmit a copy of the decision to the Department of Revenue.
1983	c.  The office shall periodically monitor all projects in a
1984	manner consistent with available resources to ensure that
1985	resources are used in accordance with this paragraph; however,
1986	each project must be reviewed at least once every 2 years.
1987	d.  The office shall, in consultation with the Department
1988	of Community Affairs and the statewide and regional housing and
1989	financial intermediaries, market the availability of the
1990	community contribution tax credit program to community-based
1991	organizations.
1992	5.  Notwithstanding sub-subparagraph 1.e., and for the
1993	2008-2009 fiscal year only, the total amount of tax credit which
1994	may be granted for all programs approved under this section and
1995	ss. 220.183 and 624.5105 is $13 million annually for projects
1996	that provide homeownership opportunities for low-income or very-
1997	low-income households as defined in s. 420.9071(19) and (28) and
1998	$3.5 million annually for all other projects. This subparagraph
1999	expires June 30, 2009.
2000	6.  Expiration.--This paragraph expires June 30, 2015;
2001	however, any accrued credit carryover that is unused on that
2002	date may be used until the expiration of the 3-year carryover
2003	period for such credit.
2004	Section 30.  Paragraph (d) of subsection (2) of section
2005	220.183, Florida Statutes, is amended to read:
2006	220.183  Community contribution tax credit.--
2007	(2)  ELIGIBILITY REQUIREMENTS.--
2008	(d)  The project shall be located in an area designated as
2009	an enterprise zone or a Front Porch Florida Community pursuant
2010	to s. 20.18(6). Any project designed to construct or
2011	rehabilitate housing for low-income or very-low-income
2012	households as defined in s. 420.9071(19) and (28) is exempt from
2013	the area requirement of this paragraph. This section does not
2014	preclude projects that propose to construct or rehabilitate
2015	housing for low-income or very-low-income households on
2016	scattered sites. Any project designed to provide increased
2017	access to high-speed broadband capabilities which includes
2018	coverage of a rural enterprise zone may locate the project's
2019	infrastructure in any area of a rural county.
2020	Section 31.  Subsection (3) of section 381.7354, Florida
2021	Statutes, is amended to read:
2022	381.7354  Eligibility.--
2023	(3)  In addition to the grants awarded under subsections
2024	(1) and (2), up to 20 percent of the funding for the Reducing
2025	Racial and Ethnic Health Disparities: Closing the Gap grant
2026	program shall be dedicated to projects that address improving
2027	racial and ethnic health status within specific Front Porch
2028	Florida Communities, as designated pursuant to s. 20.18(6).
2029	Section 32.  Paragraph (d) of subsection (2) of section
2030	624.5105, Florida Statutes, is amended to read:
2031	624.5105  Community contribution tax credit; authorization;
2032	limitations; eligibility and application requirements;
2033	administration; definitions; expiration.--
2034	(2)  ELIGIBILITY REQUIREMENTS.--
2035	(d)  The project shall be located in an area designated as
2036	an enterprise zone or a Front Porch Community pursuant to s.
2037	20.18(6). Any project designed to construct or rehabilitate
2038	housing for low-income or very-low-income households as defined
2039	in s. 420.9071(19) and (28) is exempt from the area requirement
2040	of this paragraph.
2041	Section 33.  Section 20.18, Florida Statutes, is repealed.
2042	Section 34.  Except as otherwise expressly provided in this
2043	act, this act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.