Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1122
Barcode 505192
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/28/2011 .
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The Committee on Community Affairs (Bennett) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 163.3161, Florida Statutes, is amended
6 to read:
7 163.3161 Short title; intent and purpose.—
8 (1) This part shall be known and may be cited as the
9 “Community Local Government Comprehensive Planning and Land
10 Development Regulation Act.”
11 (2) In conformity with, and in furtherance of, the purpose
12 of the Florida Environmental Land and Water Management Act of
13 1972, chapter 380, It is the purpose of this act to utilize and
14 strengthen the existing role, processes, and powers of local
15 governments in the establishment and implementation of
16 comprehensive planning programs to guide and manage control
17 future development consistent with the proper role of local
18 government.
19 (3) It is the intent of this act to focus the state role in
20 managing growth under this act to protecting the functions of
21 important state resources and facilities.
22 (4) It is the intent of this act that the ability of its
23 adoption is necessary so that local governments to can preserve
24 and enhance present advantages; encourage the most appropriate
25 use of land, water, and resources, consistent with the public
26 interest; overcome present handicaps; and deal effectively with
27 future problems that may result from the use and development of
28 land within their jurisdictions. Through the process of
29 comprehensive planning, it is intended that units of local
30 government can preserve, promote, protect, and improve the
31 public health, safety, comfort, good order, appearance,
32 convenience, law enforcement and fire prevention, and general
33 welfare; prevent the overcrowding of land and avoid undue
34 concentration of population; facilitate the adequate and
35 efficient provision of transportation, water, sewerage, schools,
36 parks, recreational facilities, housing, and other requirements
37 and services; and conserve, develop, utilize, and protect
38 natural resources within their jurisdictions.
39 (5)(4) It is the intent of this act to encourage and ensure
40 assure cooperation between and among municipalities and counties
41 and to encourage and assure coordination of planning and
42 development activities of units of local government with the
43 planning activities of regional agencies and state government in
44 accord with applicable provisions of law.
45 (6)(5) It is the intent of this act that adopted
46 comprehensive plans shall have the legal status set out in this
47 act and that no public or private development shall be permitted
48 except in conformity with comprehensive plans, or elements or
49 portions thereof, prepared and adopted in conformity with this
50 act.
51 (7)(6) It is the intent of this act that the activities of
52 units of local government in the preparation and adoption of
53 comprehensive plans, or elements or portions therefor, shall be
54 conducted in conformity with the provisions of this act.
55 (8)(7) The provisions of this act in their interpretation
56 and application are declared to be the minimum requirements
57 necessary to accomplish the stated intent, purposes, and
58 objectives of this act; to protect human, environmental, social,
59 and economic resources; and to maintain, through orderly growth
60 and development, the character and stability of present and
61 future land use and development in this state.
62 (9)(8) It is the intent of the Legislature that the repeal
63 of ss. 163.160 through 163.315 by s. 19 of chapter 85-55, Laws
64 of Florida, and amendments to this part by this chapter law,
65 shall not be interpreted to limit or restrict the powers of
66 municipal or county officials, but shall be interpreted as a
67 recognition of their broad statutory and constitutional powers
68 to plan for and regulate the use of land. It is, further, the
69 intent of the Legislature to reconfirm that ss. 163.3161 through
70 163.3248 163.3215 have provided and do provide the necessary
71 statutory direction and basis for municipal and county officials
72 to carry out their comprehensive planning and land development
73 regulation powers, duties, and responsibilities.
74 (10)(9) It is the intent of the Legislature that all
75 governmental entities in this state recognize and respect
76 judicially acknowledged or constitutionally protected private
77 property rights. It is the intent of the Legislature that all
78 rules, ordinances, regulations, and programs adopted under the
79 authority of this act must be developed, promulgated,
80 implemented, and applied with sensitivity for private property
81 rights and not be unduly restrictive, and property owners must
82 be free from actions by others which would harm their property.
83 Full and just compensation or other appropriate relief must be
84 provided to any property owner for a governmental action that is
85 determined to be an invalid exercise of the police power which
86 constitutes a taking, as provided by law. Any such relief must
87 be determined in a judicial action.
88 (11) It is the intent of this part that the traditional
89 economic base of this state, agriculture, tourism, and military
90 presence, be recognized and protected. Further, it is the intent
91 of this part to encourage economic diversification, workforce
92 development, and community planning.
93 Section 2. Subsections (2) through (5) of section 163.3162,
94 Florida Statutes, are renumbered as subsections (1) through (4),
95 respectively, and present subsections (1) and (5) of that
96 section are amended to read:
97 163.3162 Agricultural Lands and Practices Act.—
98 (1) SHORT TITLE.—This section may be cited as the
99 “Agricultural Lands and Practices Act.”
100 (4)(5) AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE PLAN.
101 The owner of a parcel of land defined as an agricultural enclave
102 under s. 163.3164(33) may apply for an amendment to the local
103 government comprehensive plan pursuant to s. 163.3184 163.3187.
104 Such amendment is presumed not to be urban sprawl as defined in
105 s. 163.3164 if it includes consistent with rule 9J-5.006(5),
106 Florida Administrative Code, and may include land uses and
107 intensities of use that are consistent with the uses and
108 intensities of use of the industrial, commercial, or residential
109 areas that surround the parcel. This presumption may be rebutted
110 by clear and convincing evidence. Each application for a
111 comprehensive plan amendment under this subsection for a parcel
112 larger than 640 acres must include appropriate new urbanism
113 concepts such as clustering, mixed-use development, the creation
114 of rural village and city centers, and the transfer of
115 development rights in order to discourage urban sprawl while
116 protecting landowner rights.
117 (a) The local government and the owner of a parcel of land
118 that is the subject of an application for an amendment shall
119 have 180 days following the date that the local government
120 receives a complete application to negotiate in good faith to
121 reach consensus on the land uses and intensities of use that are
122 consistent with the uses and intensities of use of the
123 industrial, commercial, or residential areas that surround the
124 parcel. Within 30 days after the local government’s receipt of
125 such an application, the local government and owner must agree
126 in writing to a schedule for information submittal, public
127 hearings, negotiations, and final action on the amendment, which
128 schedule may thereafter be altered only with the written consent
129 of the local government and the owner. Compliance with the
130 schedule in the written agreement constitutes good faith
131 negotiations for purposes of paragraph (c).
132 (b) Upon conclusion of good faith negotiations under
133 paragraph (a), regardless of whether the local government and
134 owner reach consensus on the land uses and intensities of use
135 that are consistent with the uses and intensities of use of the
136 industrial, commercial, or residential areas that surround the
137 parcel, the amendment must be transmitted to the state land
138 planning agency for review pursuant to s. 163.3184. If the local
139 government fails to transmit the amendment within 180 days after
140 receipt of a complete application, the amendment must be
141 immediately transferred to the state land planning agency for
142 such review at the first available transmittal cycle. A plan
143 amendment transmitted to the state land planning agency
144 submitted under this subsection is presumed not to be urban
145 sprawl as defined in s. 163.3164 consistent with rule 9J
146 5.006(5), Florida Administrative Code. This presumption may be
147 rebutted by clear and convincing evidence.
148 (c) If the owner fails to negotiate in good faith, a plan
149 amendment submitted under this subsection is not entitled to the
150 rebuttable presumption under this subsection in the negotiation
151 and amendment process.
152 (d) Nothing within this subsection relating to agricultural
153 enclaves shall preempt or replace any protection currently
154 existing for any property located within the boundaries of the
155 following areas:
156 1. The Wekiva Study Area, as described in s. 369.316; or
157 2. The Everglades Protection Area, as defined in s.
158 373.4592(2).
159 Section 3. Section 163.3164, Florida Statutes is amended to
160 read:
161 163.3164 Community Local Government Comprehensive Planning
162 and Land Development Regulation Act; definitions.—As used in
163 this act, the term:
164 (1) “Administration Commission” means the Governor and the
165 Cabinet, and for purposes of this chapter the commission shall
166 act on a simple majority vote, except that for purposes of
167 imposing the sanctions provided in s. 163.3184(11), affirmative
168 action shall require the approval of the Governor and at least
169 three other members of the commission.
170 (2) “Affordable housing” has the same meaning as in s.
171 420.0004(3).
172 (4) “Antiquated subdivision” means a subdivision that was
173 recorded or approved more than 20 years ago and that has
174 substantially failed to be built and the continued buildout of
175 the subdivision in accordance with the subdivision’s zoning and
176 land use purposes would cause an imbalance of land uses and
177 would be detrimental to the local and regional economies and
178 environment, hinder current planning practices, and lead to
179 inefficient and fiscally irresponsible development patterns as
180 determined by the respective jurisdiction in which the
181 subdivision is located.
182 (5)(2) “Area” or “area of jurisdiction” means the total
183 area qualifying under the provisions of this act, whether this
184 be all of the lands lying within the limits of an incorporated
185 municipality, lands in and adjacent to incorporated
186 municipalities, all unincorporated lands within a county, or
187 areas comprising combinations of the lands in incorporated
188 municipalities and unincorporated areas of counties.
189 (6) “Capital improvement” means physical assets constructed
190 or purchased to provide, improve, or replace a public facility
191 and which are typically large scale and high in cost. The cost
192 of a capital improvement is generally nonrecurring and may
193 require multiyear financing. For the purposes of this part,
194 physical assets that have been identified as existing or
195 projected needs in the individual comprehensive plan elements
196 shall be considered capital improvements.
197 (7)(3) “Coastal area” means the 35 coastal counties and all
198 coastal municipalities within their boundaries designated
199 coastal by the state land planning agency.
200 (8) “Compatibility” means a condition in which land uses or
201 conditions can coexist in relative proximity to each other in a
202 stable fashion over time such that no use or condition is unduly
203 negatively impacted directly or indirectly by another use or
204 condition.
205 (9)(4) “Comprehensive plan” means a plan that meets the
206 requirements of ss. 163.3177 and 163.3178.
207 (10) “Deepwater ports” means the ports identified in s.
208 403.021(9).
209 (11) “Density” means an objective measurement of the number
210 of people or residential units allowed per unit of land, such as
211 residents or employees per acre.
212 (12)(5) “Developer” means any person, including a
213 governmental agency, undertaking any development as defined in
214 this act.
215 (13)(6) “Development” has the same meaning as given it in
216 s. 380.04.
217 (14)(7) “Development order” means any order granting,
218 denying, or granting with conditions an application for a
219 development permit.
220 (15)(8) “Development permit” includes any building permit,
221 zoning permit, subdivision approval, rezoning, certification,
222 special exception, variance, or any other official action of
223 local government having the effect of permitting the development
224 of land.
225 (18) “Floodprone areas” means areas inundated during a 100
226 year flood event or areas identified by the National Flood
227 Insurance Program as an A Zone on flood insurance rate maps or
228 flood hazard boundary maps.
229 (19) “Goal” means the long-term end toward which programs
230 or activities are ultimately directed.
231 (20)(9) “Governing body” means the board of county
232 commissioners of a county, the commission or council of an
233 incorporated municipality, or any other chief governing body of
234 a unit of local government, however designated, or the
235 combination of such bodies where joint utilization of the
236 provisions of this act is accomplished as provided herein.
237 (21)(10) “Governmental agency” means:
238 (a) The United States or any department, commission,
239 agency, or other instrumentality thereof.
240 (b) This state or any department, commission, agency, or
241 other instrumentality thereof.
242 (c) Any local government, as defined in this section, or
243 any department, commission, agency, or other instrumentality
244 thereof.
245 (d) Any school board or other special district, authority,
246 or governmental entity.
247 (22) “Intensity” means an objective measurement of the
248 extent to which land may be developed or used, including the
249 consumption or use of the space above, on, or below ground; the
250 measurement of the use of or demand on natural resources; and
251 the measurement of the use of or demand on facilities and
252 services.
253 (23) “Internal trip capture” means trips generated by a
254 mixed-use project which travel from one on-site land use to
255 another on-site land use without using the external road
256 network.
257 (24)(11) “Land” means the earth, water, and air, above,
258 below, or on the surface, and includes any improvements or
259 structures customarily regarded as land.
260 (27)(12) “Land use” means the development that has occurred
261 on the land, the development that is proposed by a developer on
262 the land, or the use that is permitted or permissible on the
263 land under an adopted comprehensive plan or element or portion
264 thereof, land development regulations, or a land development
265 code, as the context may indicate.
266 (28) “Level of service” means an indicator of the extent or
267 degree of service provided by, or proposed to be provided by, a
268 facility based on and related to the operational characteristics
269 of the facility. Level of service shall indicate the capacity
270 per unit of demand for each public facility.
271 (29)(13) “Local government” means any county or
272 municipality.
273 (30)(14) “Local planning agency” means the agency
274 designated to prepare the comprehensive plan or plan amendments
275 required by this act.
276 (31) “Mobility plan” means an integrated land use and
277 transportation plan that promotes compact, mixed-use, and
278 interconnected development served by a multimodal transportation
279 system that includes roads, bicycle and pedestrian facilities,
280 and, where feasible and appropriate, frequent transit and rail
281 service, to provide individuals with viable transportation
282 options without sole reliance upon a motor vehicle for personal
283 mobility.
284 (32)(15) A “Newspaper of general circulation” means a
285 newspaper published at least on a weekly basis and printed in
286 the language most commonly spoken in the area within which it
287 circulates, but does not include a newspaper intended primarily
288 for members of a particular professional or occupational group,
289 a newspaper whose primary function is to carry legal notices, or
290 a newspaper that is given away primarily to distribute
291 advertising.
292 (33) “New town” means an urban activity center and
293 community designated on the future land use map of sufficient
294 size, population and land use composition to support a variety
295 of economic and social activities consistent with an urban area
296 designation. New towns shall include basic economic activities;
297 all major land use categories, with the possible exception of
298 agricultural and industrial; and a centrally provided full range
299 of public facilities and services that demonstrate internal trip
300 capture. A new town shall be based on a master development plan.
301 (34) “Objective” means a specific, measurable, intermediate
302 end that is achievable and marks progress toward a goal.
303 (35)(16) “Parcel of land” means any quantity of land
304 capable of being described with such definiteness that its
305 locations and boundaries may be established, which is designated
306 by its owner or developer as land to be used, or developed as, a
307 unit or which has been used or developed as a unit.
308 (36)(17) “Person” means an individual, corporation,
309 governmental agency, business trust, estate, trust, partnership,
310 association, two or more persons having a joint or common
311 interest, or any other legal entity.
312 (37) “Policy” means the way in which programs and
313 activities are conducted to achieve an identified goal.
314 (40)(18) “Public notice” means notice as required by s.
315 125.66(2) for a county or by s. 166.041(3)(a) for a
316 municipality. The public notice procedures required in this part
317 are established as minimum public notice procedures.
318 (41)(19) “Regional planning agency” means the council
319 created pursuant to chapter 186 agency designated by the state
320 land planning agency to exercise responsibilities under law in a
321 particular region of the state.
322 (42) “Seasonal population” means part-time inhabitants who
323 use, or may be expected to use, public facilities or services,
324 but are not residents and includes tourists, migrant
325 farmworkers, and other short-term and long-term visitors.
326 (44)(20) “State land planning agency” means the Department
327 of Community Affairs.
328 (45)(21) “Structure” has the same meaning as in given it by
329 s. 380.031(19).
330 (46) “Suitability” means the degree to which the existing
331 characteristics and limitations of land and water are compatible
332 with a proposed use or development.
333 (47) “Transit-oriented development” means a project or
334 projects, in areas identified in a local government
335 comprehensive plan, which are or will be served by existing or
336 planned transit service. These designated areas shall be
337 compact, moderate to high density developments, of mixed-use
338 character, interconnected with other land uses, bicycle and
339 pedestrian friendly, and designed to support frequent transit
340 service operating through, collectively or separately, rail,
341 fixed guideway, streetcar, or bus systems on dedicated
342 facilities or available roadway connections.
343 (25)(22) “Land development regulation commission” means a
344 commission designated by a local government to develop and
345 recommend, to the local governing body, land development
346 regulations that which implement the adopted comprehensive plan
347 and to review land development regulations, or amendments
348 thereto, for consistency with the adopted plan and report to the
349 governing body regarding its findings. The responsibilities of
350 the land development regulation commission may be performed by
351 the local planning agency.
352 (26)(23) “Land development regulations” means ordinances
353 enacted by governing bodies for the regulation of any aspect of
354 development and includes any local government zoning, rezoning,
355 subdivision, building construction, or sign regulations or any
356 other regulations controlling the development of land, except
357 that this definition shall not apply in s. 163.3213.
358 (39)(24) “Public facilities” means major capital
359 improvements, including, but not limited to, transportation,
360 sanitary sewer, solid waste, drainage, potable water,
361 educational, parks and recreational, and health systems and
362 facilities, and spoil disposal sites for maintenance dredging
363 located in the intracoastal waterways, except for spoil disposal
364 sites owned or used by ports listed in s. 403.021(9)(b).
365 (16)(25) “Downtown revitalization” means the physical and
366 economic renewal of a central business district of a community
367 as designated by local government, and includes both downtown
368 development and redevelopment.
369 (50)(26) “Urban redevelopment” means demolition and
370 reconstruction or substantial renovation of existing buildings
371 or infrastructure within urban infill areas, existing urban
372 service areas, or community redevelopment areas created pursuant
373 to part III.
374 (49)(27) “Urban infill” means the development of vacant
375 parcels in otherwise built-up areas where public facilities such
376 as sewer systems, roads, schools, and recreation areas are
377 already in place and the average residential density is at least
378 five dwelling units per acre, the average nonresidential
379 intensity is at least a floor area ratio of 1.0 and vacant,
380 developable land does not constitute more than 10 percent of the
381 area.
382 (38)(28) “Projects that promote public transportation”
383 means projects that directly affect the provisions of public
384 transit, including transit terminals, transit lines and routes,
385 separate lanes for the exclusive use of public transit services,
386 transit stops (shelters and stations), office buildings or
387 projects that include fixed-rail or transit terminals as part of
388 the building, and projects that which are transit oriented and
389 designed to complement reasonably proximate planned or existing
390 public facilities.
391 (51)(29) “Urban service area” means built-up areas where
392 public facilities and services, including, but not limited to,
393 central water and sewer capacity and roads, are already in place
394 or are committed in the first 3 years of the capital improvement
395 schedule. Urban service area includes any areas identified in
396 the comprehensive plan as urban service areas, regardless of
397 local government limitation. In addition, for counties that
398 qualify as dense urban land areas under subsection (34), the
399 nonrural area of a county which has adopted into the county
400 charter a rural area designation or areas identified in the
401 comprehensive plan as urban service areas or urban growth
402 boundaries on or before July 1, 2009, are also urban service
403 areas under this definition.
404 (52) “Urban sprawl” means a development pattern
405 characterized by low density, automobile-dependent development
406 with either a single use or multiple uses that are not
407 functionally related, requiring the extension of public
408 facilities and services in an inefficient manner, and failing to
409 provide a clear separation between urban and rural uses.
410 (48)(30) “Transportation corridor management” means the
411 coordination of the planning of designated future transportation
412 corridors with land use planning within and adjacent to the
413 corridor to promote orderly growth, to meet the concurrency
414 requirements of this chapter, and to maintain the integrity of
415 the corridor for transportation purposes.
416 (43)(31) “Optional Sector plan” means the an optional
417 process authorized by s. 163.3245 in which one or more local
418 governments engage in long-term planning for a large area and by
419 agreement with the state land planning agency are allowed to
420 address regional development-of-regional-impact issues through
421 adoption of detailed specific area plans within the planning
422 area within certain designated geographic areas identified in
423 the local comprehensive plan as a means of fostering innovative
424 planning and development strategies in s. 163.3177(11)(a) and
425 (b), furthering the purposes of this part and part I of chapter
426 380, reducing overlapping data and analysis requirements,
427 protecting regionally significant resources and facilities, and
428 addressing extrajurisdictional impacts. "Sector plan" includes
429 an optional sector plan that was adopted pursuant to the
430 Optional Sector Plan pilot program.
431 (17)(32) “Financial feasibility” means that sufficient
432 revenues are currently available or will be available from
433 committed funding sources of any local government for the first
434 3 years, or will be available from committed or planned funding
435 sources for years 4 through 10, of a 10-year and 5, of a 5-year
436 capital improvement schedule for financing capital improvements,
437 such as ad valorem taxes, bonds, state and federal funds, tax
438 revenues, impact fees, and developer contributions, which are
439 adequate to fund the projected costs of the capital improvements
440 identified in the comprehensive plan necessary to ensure that
441 adopted level-of-service standards are achieved and maintained
442 within the period covered by the 5-year schedule of capital
443 improvements. A comprehensive plan shall be deemed financially
444 feasible for transportation and school facilities throughout the
445 planning period addressed by the capital improvements schedule
446 if it can be demonstrated that the level-of-service standards
447 will be achieved and maintained by the end of the planning
448 period even if in a particular year such improvements are not
449 concurrent as required by s. 163.3180.
450 (3)(33) “Agricultural enclave” means an unincorporated,
451 undeveloped parcel that:
452 (a) Is owned by a single person or entity;
453 (b) Has been in continuous use for bona fide agricultural
454 purposes, as defined by s. 193.461, for a period of 5 years
455 prior to the date of any comprehensive plan amendment
456 application;
457 (c) Is surrounded on at least 75 percent of its perimeter
458 by:
459 1. Property that has existing industrial, commercial, or
460 residential development; or
461 2. Property that the local government has designated, in
462 the local government’s comprehensive plan, zoning map, and
463 future land use map, as land that is to be developed for
464 industrial, commercial, or residential purposes, and at least 75
465 percent of such property is existing industrial, commercial, or
466 residential development;
467 (d) Has public services, including water, wastewater,
468 transportation, schools, and recreation facilities, available or
469 such public services are scheduled in the capital improvement
470 element to be provided by the local government or can be
471 provided by an alternative provider of local government
472 infrastructure in order to ensure consistency with applicable
473 concurrency provisions of s. 163.3180; and
474 (e) Does not exceed 1,280 acres; however, if the property
475 is surrounded by existing or authorized residential development
476 that will result in a density at buildout of at least 1,000
477 residents per square mile, then the area shall be determined to
478 be urban and the parcel may not exceed 4,480 acres.
479 (34) “Dense urban land area” means:
480 (a) A municipality that has an average of at least 1,000
481 people per square mile of land area and a minimum total
482 population of at least 5,000;
483 (b) A county, including the municipalities located therein,
484 which has an average of at least 1,000 people per square mile of
485 land area; or
486 (c) A county, including the municipalities located therein,
487 which has a population of at least 1 million.
488
489 The Office of Economic and Demographic Research within the
490 Legislature shall annually calculate the population and density
491 criteria needed to determine which jurisdictions qualify as
492 dense urban land areas by using the most recent land area data
493 from the decennial census conducted by the Bureau of the Census
494 of the United States Department of Commerce and the latest
495 available population estimates determined pursuant to s.
496 186.901. If any local government has had an annexation,
497 contraction, or new incorporation, the Office of Economic and
498 Demographic Research shall determine the population density
499 using the new jurisdictional boundaries as recorded in
500 accordance with s. 171.091. The Office of Economic and
501 Demographic Research shall submit to the state land planning
502 agency a list of jurisdictions that meet the total population
503 and density criteria necessary for designation as a dense urban
504 land area by July 1, 2009, and every year thereafter. The state
505 land planning agency shall publish the list of jurisdictions on
506 its Internet website within 7 days after the list is received.
507 The designation of jurisdictions that qualify or do not qualify
508 as a dense urban land area is effective upon publication on the
509 state land planning agency’s Internet website.
510 Section 4. Section 163.3167, Florida Statutes, is amended
511 to read:
512 163.3167 Scope of act.—
513 (1) The several incorporated municipalities and counties
514 shall have power and responsibility:
515 (a) To plan for their future development and growth.
516 (b) To adopt and amend comprehensive plans, or elements or
517 portions thereof, to guide their future development and growth.
518 (c) To implement adopted or amended comprehensive plans by
519 the adoption of appropriate land development regulations or
520 elements thereof.
521 (d) To establish, support, and maintain administrative
522 instruments and procedures to carry out the provisions and
523 purposes of this act.
524
525 The powers and authority set out in this act may be employed by
526 municipalities and counties individually or jointly by mutual
527 agreement in accord with the provisions of this act and in such
528 combinations as their common interests may dictate and require.
529 (2) Each local government shall maintain prepare a
530 comprehensive plan of the type and in the manner set out in this
531 part or prepare amendments to its existing comprehensive plan to
532 conform it to the requirements of this part and in the manner
533 set out in this part. In accordance with s. 163.3184, each local
534 government shall submit to the state land planning agency its
535 complete proposed comprehensive plan or its complete
536 comprehensive plan as proposed to be amended.
537 (3) When a local government has not prepared all of the
538 required elements or has not amended its plan as required by
539 subsection (2), the regional planning agency having
540 responsibility for the area in which the local government lies
541 shall prepare and adopt by rule, pursuant to chapter 120, the
542 missing elements or adopt by rule amendments to the existing
543 plan in accordance with this act by July 1, 1989, or within 1
544 year after the dates specified or provided in subsection (2) and
545 the state land planning agency review schedule, whichever is
546 later. The regional planning agency shall provide at least 90
547 days’ written notice to any local government whose plan it is
548 required by this subsection to prepare, prior to initiating the
549 planning process. At least 90 days before the adoption by the
550 regional planning agency of a comprehensive plan, or element or
551 portion thereof, pursuant to this subsection, the regional
552 planning agency shall transmit a copy of the proposed
553 comprehensive plan, or element or portion thereof, to the local
554 government and the state land planning agency for written
555 comment. The state land planning agency shall review and comment
556 on such plan, or element or portion thereof, in accordance with
557 s. 163.3184(6). Section 163.3184(6), (7), and (8) shall be
558 applicable to the regional planning agency as if it were a
559 governing body. Existing comprehensive plans shall remain in
560 effect until they are amended pursuant to subsection (2), this
561 subsection, s. 163.3187, or s. 163.3189.
562 (3)(4) A municipality established after the effective date
563 of this act shall, within 1 year after incorporation, establish
564 a local planning agency, pursuant to s. 163.3174, and prepare
565 and adopt a comprehensive plan of the type and in the manner set
566 out in this act within 3 years after the date of such
567 incorporation. A county comprehensive plan shall be deemed
568 controlling until the municipality adopts a comprehensive plan
569 in accord with the provisions of this act. If, upon the
570 expiration of the 3-year time limit, the municipality has not
571 adopted a comprehensive plan, the regional planning agency shall
572 prepare and adopt a comprehensive plan for such municipality.
573 (4)(5) Any comprehensive plan, or element or portion
574 thereof, adopted pursuant to the provisions of this act, which
575 but for its adoption after the deadlines established pursuant to
576 previous versions of this act would have been valid, shall be
577 valid.
578 (6) When a regional planning agency is required to prepare
579 or amend a comprehensive plan, or element or portion thereof,
580 pursuant to subsections (3) and (4), the regional planning
581 agency and the local government may agree to a method of
582 compensating the regional planning agency for any verifiable,
583 direct costs incurred. If an agreement is not reached within 6
584 months after the date the regional planning agency assumes
585 planning responsibilities for the local government pursuant to
586 subsections (3) and (4) or by the time the plan or element, or
587 portion thereof, is completed, whichever is earlier, the
588 regional planning agency shall file invoices for verifiable,
589 direct costs involved with the governing body. Upon the failure
590 of the local government to pay such invoices within 90 days, the
591 regional planning agency may, upon filing proper vouchers with
592 the Chief Financial Officer, request payment by the Chief
593 Financial Officer from unencumbered revenue or other tax sharing
594 funds due such local government from the state for work actually
595 performed, and the Chief Financial Officer shall pay such
596 vouchers; however, the amount of such payment shall not exceed
597 50 percent of such funds due such local government in any one
598 year.
599 (7) A local government that is being requested to pay costs
600 may seek an administrative hearing pursuant to ss. 120.569 and
601 120.57 to challenge the amount of costs and to determine if the
602 statutory prerequisites for payment have been complied with.
603 Final agency action shall be taken by the state land planning
604 agency. Payment shall be withheld as to disputed amounts until
605 proceedings under this subsection have been completed.
606 (5)(8) Nothing in this act shall limit or modify the rights
607 of any person to complete any development that has been
608 authorized as a development of regional impact pursuant to
609 chapter 380 or who has been issued a final local development
610 order and development has commenced and is continuing in good
611 faith.
612 (6)(9) The Reedy Creek Improvement District shall exercise
613 the authority of this part as it applies to municipalities,
614 consistent with the legislative act under which it was
615 established, for the total area under its jurisdiction.
616 (7)(10) Nothing in this part shall supersede any provision
617 of ss. 341.8201-341.842.
618 (11) Each local government is encouraged to articulate a
619 vision of the future physical appearance and qualities of its
620 community as a component of its local comprehensive plan. The
621 vision should be developed through a collaborative planning
622 process with meaningful public participation and shall be
623 adopted by the governing body of the jurisdiction. Neighboring
624 communities, especially those sharing natural resources or
625 physical or economic infrastructure, are encouraged to create
626 collective visions for greater-than-local areas. Such collective
627 visions shall apply in each city or county only to the extent
628 that each local government chooses to make them applicable. The
629 state land planning agency shall serve as a clearinghouse for
630 creating a community vision of the future and may utilize the
631 Growth Management Trust Fund, created by s. 186.911, to provide
632 grants to help pay the costs of local visioning programs. When a
633 local vision of the future has been created, a local government
634 should review its comprehensive plan, land development
635 regulations, and capital improvement program to ensure that
636 these instruments will help to move the community toward its
637 vision in a manner consistent with this act and with the state
638 comprehensive plan. A local or regional vision must be
639 consistent with the state vision, when adopted, and be
640 internally consistent with the local or regional plan of which
641 it is a component. The state land planning agency shall not
642 adopt minimum criteria for evaluating or judging the form or
643 content of a local or regional vision.
644 (8)(12) An initiative or referendum process in regard to
645 any development order or in regard to any local comprehensive
646 plan amendment or map amendment that affects five or fewer
647 parcels of land is prohibited.
648 (9)(13) Each local government shall address in its
649 comprehensive plan, as enumerated in this chapter, the water
650 supply sources necessary to meet and achieve the existing and
651 projected water use demand for the established planning period,
652 considering the applicable plan developed pursuant to s.
653 373.709.
654 (10)(14)(a) If a local government grants a development
655 order pursuant to its adopted land development regulations and
656 the order is not the subject of a pending appeal and the
657 timeframe for filing an appeal has expired, the development
658 order may not be invalidated by a subsequent judicial
659 determination that such land development regulations, or any
660 portion thereof that is relevant to the development order, are
661 invalid because of a deficiency in the approval standards.
662 (b) This subsection does not preclude or affect the timely
663 institution of any other remedy available at law or equity,
664 including a common law writ of certiorari proceeding pursuant to
665 Rule 9.190, Florida Rules of Appellate Procedure, or an original
666 proceeding pursuant to s. 163.3215, as applicable.
667 (c) This subsection applies retroactively to any
668 development order granted on or after January 1, 2002.
669 Section 5. Section 163.3168, Florida Statutes, is created
670 to read:
671 163.3168 Planning innovations and technical assistance.—
672 (1) The Legislature recognizes the need for innovative
673 planning and development strategies to promote a diverse economy
674 and vibrant rural and urban communities, while protecting
675 environmentally sensitive areas. The Legislature further
676 recognizes the substantial advantages of innovative approaches
677 to development directed to meet the needs of urban, rural, and
678 suburban areas.
679 (2) Local governments are encouraged to apply innovative
680 planning tools, including, but not limited to, visioning, sector
681 planning, and rural land stewardship area designations to
682 address future new development areas, urban service area
683 designations, urban growth boundaries, and mixed-use, high
684 density development in urban areas.
685 (3) The state land planning agency shall help communities
686 find creative solutions to fostering vibrant, healthy
687 communities, while protecting the functions of important state
688 resources and facilities. The state land planning agency and all
689 other appropriate state and regional agencies may use various
690 means to provide direct and indirect technical assistance within
691 available resources. If plan amendments may adversely impact
692 important state resources or facilities, upon request by the
693 local government, the state land planning agency shall
694 coordinate multi-agency assistance, if needed, in developing an
695 amendment to minimize impacts on such resources or facilities.
696 Section 6. Subsection (4) of section 163.3171, Florida
697 Statutes, is amended to read:
698 163.3171 Areas of authority under this act.—
699 (4) The state land planning agency and a Local governments
700 may government shall have the power to enter into agreements
701 with each other and to agree together to enter into agreements
702 with a landowner, developer, or governmental agency as may be
703 necessary or desirable to effectuate the provisions and purposes
704 of ss. 163.3177(6)(h), and (11)(a), (b), and (c), and 163.3245,
705 and 163.3248. It is the Legislature’s intent that joint
706 agreements entered into under the authority of this section be
707 liberally, broadly, and flexibly construed to facilitate
708 intergovernmental cooperation between cities and counties and to
709 encourage planning in advance of jurisdictional changes. Joint
710 agreements, executed before or after the effective date of this
711 act, include, but are not limited to, agreements that
712 contemplate municipal adoption of plans or plan amendments for
713 lands in advance of annexation of such lands into the
714 municipality, and may permit municipalities and counties to
715 exercise nonexclusive extrajurisdictional authority within
716 incorporated and unincorporated areas. The state land planning
717 agency shall not have authority to interpret, invalidate, or
718 declare inoperative such joint agreements, and the validity of
719 joint agreements may not be a basis for finding plans or plan
720 amendments not in compliance pursuant to the provisions of
721 chapter law.
722 Section 7. Subsection (1) of section 163.3174, Florida
723 Statutes, is amended to read:
724 163.3174 Local planning agency.—
725 (1) The governing body of each local government,
726 individually or in combination as provided in s. 163.3171, shall
727 designate and by ordinance establish a “local planning agency,”
728 unless the agency is otherwise established by law.
729 Notwithstanding any special act to the contrary, all local
730 planning agencies or equivalent agencies that first review
731 rezoning and comprehensive plan amendments in each municipality
732 and county shall include a representative of the school district
733 appointed by the school board as a nonvoting member of the local
734 planning agency or equivalent agency to attend those meetings at
735 which the agency considers comprehensive plan amendments and
736 rezonings that would, if approved, increase residential density
737 on the property that is the subject of the application. However,
738 this subsection does not prevent the governing body of the local
739 government from granting voting status to the school board
740 member. The governing body may designate itself as the local
741 planning agency pursuant to this subsection with the addition of
742 a nonvoting school board representative. The governing body
743 shall notify the state land planning agency of the establishment
744 of its local planning agency. All local planning agencies shall
745 provide opportunities for involvement by applicable community
746 college boards, which may be accomplished by formal
747 representation, membership on technical advisory committees, or
748 other appropriate means. The local planning agency shall prepare
749 the comprehensive plan or plan amendment after hearings to be
750 held after public notice and shall make recommendations to the
751 governing body regarding the adoption or amendment of the plan.
752 The agency may be a local planning commission, the planning
753 department of the local government, or other instrumentality,
754 including a countywide planning entity established by special
755 act or a council of local government officials created pursuant
756 to s. 163.02, provided the composition of the council is fairly
757 representative of all the governing bodies in the county or
758 planning area; however:
759 (a) If a joint planning entity is in existence on the
760 effective date of this act which authorizes the governing bodies
761 to adopt and enforce a land use plan effective throughout the
762 joint planning area, that entity shall be the agency for those
763 local governments until such time as the authority of the joint
764 planning entity is modified by law.
765 (b) In the case of chartered counties, the planning
766 responsibility between the county and the several municipalities
767 therein shall be as stipulated in the charter.
768 Section 8. Section 163.3177, Florida Statutes, is amended
769 to read:
770 163.3177 Required and optional elements of comprehensive
771 plan; studies and surveys.—
772 (1) The comprehensive plan shall provide the consist of
773 materials in such descriptive form, written or graphic, as may
774 be appropriate to the prescription of principles, guidelines,
775 and standards, and strategies for the orderly and balanced
776 future economic, social, physical, environmental, and fiscal
777 development of the area that reflects community commitments to
778 implement the plan and its elements. These principles and
779 strategies shall guide future decisions in a consistent manner
780 and shall contain programs and activities to ensure
781 comprehensive plans are implemented. The sections of the
782 comprehensive plan containing the principles and strategies,
783 generally provided as goals, objectives, and policies, shall
784 describe how the local government’s programs, activities, and
785 land development regulations will be initiated, modified, or
786 continued to implement the comprehensive plan in a consistent
787 manner. It is not the intent of this part to require the
788 inclusion of implementing regulations in the comprehensive plan
789 but rather to require identification of those programs,
790 activities, and land development regulations that will be part
791 of the strategy for implementing the comprehensive plan and the
792 principles that describe how the programs, activities, and land
793 development regulations will be carried out. The plan shall
794 establish meaningful and predictable standards for the use and
795 development of land and provide meaningful guidelines for the
796 content of more detailed land development and use regulations.
797 (a) The comprehensive plan shall consist of elements as
798 described in this section, and may include optional elements.
799 (b) A local government may include, as part of its adopted
800 plan, documents adopted by reference but not incorporated
801 verbatim into the plan. The adoption by reference must identify
802 the title and author of the document and indicate clearly what
803 provisions and edition of the document is being adopted.
804 (c) The format of these principles and guidelines is at the
805 discretion of the local government, but typically is expressed
806 in goals, objectives, policies, and strategies.
807 (d) Proposed elements shall identify procedures for
808 monitoring, evaluating, and appraising implementation of the
809 plan.
810 (e) When a federal, state, or regional agency has
811 implemented a regulatory program, a local government is not
812 required to duplicate or exceed that regulatory program in its
813 local comprehensive plan.
814 (f) All mandatory and optional elements of the
815 comprehensive plan and plan amendments shall be based upon a
816 justification by the local government that may include, but not
817 be limited to, surveys, studies, community goals and vision, and
818 other data available at the time of adoption of the
819 comprehensive plan or plan amendment. To be based on data means
820 to react to it in an appropriate way and to the extent necessary
821 indicated by the data available on that particular subject at
822 the time of adoption of the plan or plan amendment at issue.
823 1. Surveys, studies, and data utilized in the preparation
824 of the comprehensive plan shall not be deemed a part of the
825 comprehensive plan unless adopted as a part of it. Copies of
826 such studies, surveys, data, and supporting documents shall be
827 made available for public inspection, and copies of such plans
828 shall be made available to the public upon payment of reasonable
829 charges for reproduction. Support data or summaries shall not be
830 subject to the compliance review process, but the comprehensive
831 plan must be clearly based on appropriate data. Support data or
832 summaries may be used to aid in the determination of compliance
833 and consistency.
834 2. Data must be taken from professionally accepted sources.
835 The application of a methodology utilized in data collection or
836 whether a particular methodology is professionally accepted may
837 be evaluated. However, the evaluation shall not include whether
838 one accepted methodology is better than another. Original data
839 collection by local governments is not required. However, local
840 governments may use original data so long as methodologies are
841 professionally accepted.
842 3. The comprehensive plan shall be based upon resident and
843 seasonal population estimates and projections, which shall
844 either be those provided by the University of Florida’s Bureaus
845 of Economic and Business Research or generated by the local
846 government based upon a professionally acceptable methodology.
847 The plan must be based on at least the minimum amount of land
848 required to accommodate the medium projections of the University
849 of Florida’s Bureau of Economic and Business Research unless
850 otherwise limited under s. 380.05 including related rules of the
851 Administration Commission.
852 (2) Coordination of the several elements of the local
853 comprehensive plan shall be a major objective of the planning
854 process. The several elements of the comprehensive plan shall be
855 consistent, and the comprehensive plan shall be financially
856 feasible. Financial feasibility shall be determined using
857 professionally accepted methodologies and applies to the 5-year
858 planning period, except in the case of a long-term
859 transportation or school concurrency management system, in which
860 case a 10-year or 15-year period applies. Where data is relevant
861 to several elements, consistent data shall be used, including
862 population estimates and projections unless alternative data can
863 be justified for a plan amendment through new supporting data
864 and analysis. Each map depicting future conditions must reflect
865 the principles, guidelines, and standards within all elements
866 and each such map must be contained within the comprehensive
867 plan.
868 (3)(a) The comprehensive plan shall contain a capital
869 improvements element designed to consider the need for and the
870 location of public facilities in order to encourage the
871 efficient use of such facilities and set forth:
872 1. A component that outlines principles for construction,
873 extension, or increase in capacity of public facilities, as well
874 as a component that outlines principles for correcting existing
875 public facility deficiencies, which are necessary to implement
876 the comprehensive plan. The components shall cover at least a 5
877 year period.
878 2. Estimated public facility costs, including a delineation
879 of when facilities will be needed, the general location of the
880 facilities, and projected revenue sources to fund the
881 facilities.
882 3. Standards to ensure the availability of public
883 facilities and the adequacy of those facilities including
884 acceptable levels of service.
885 4. Standards for the management of debt.
886 5. A schedule of capital improvements which includes any
887 project publicly funded by federal, state, or local government
888 projects, and which may include privately funded projects for
889 which the local government has no fiscal responsibility,
890 necessary to ensure that adopted level-of-service standards are
891 achieved and maintained. For capital improvements that will be
892 funded by the developer, financial feasibility shall be
893 demonstrated by being guaranteed in an enforceable development
894 agreement or interlocal agreement pursuant to paragraph (10)(h),
895 or other enforceable agreement. These development agreements and
896 interlocal agreements shall be reflected in the schedule of
897 capital improvements if the capital improvement is necessary to
898 serve development within the 5-year schedule. If the local
899 government uses planned revenue sources that require referenda
900 or other actions to secure the revenue source, the plan must, in
901 the event the referenda are not passed or actions do not secure
902 the planned revenue source, identify other existing revenue
903 sources that will be used to fund the capital projects or
904 otherwise amend the plan to ensure financial feasibility.
905 6. The schedule must include transportation improvements
906 included in the applicable metropolitan planning organization’s
907 transportation improvement program adopted pursuant to s.
908 339.175(8) to the extent that such improvements are relied upon
909 to ensure concurrency or implementation of a mobility plan as
910 defined in s. 163.3164(36) and financial feasibility. The
911 schedule must also be coordinated with the applicable
912 metropolitan planning organization’s long-range transportation
913 plan adopted pursuant to s. 339.175(7).
914 (b)1. The capital improvements element must be reviewed on
915 an annual basis and modified as necessary in accordance with s.
916 163.3187 or s. 163.3189 in order to maintain a financially
917 feasible 5-year schedule of capital improvements. Corrections
918 and modifications concerning costs; revenue sources; or
919 acceptance of facilities pursuant to dedications which are
920 consistent with the plan may be accomplished by ordinance and
921 shall not be deemed to be amendments to the local comprehensive
922 plan. A copy of the ordinance shall be transmitted to the state
923 land planning agency. An amendment to the comprehensive plan is
924 required to update the schedule on an annual basis or to
925 eliminate, defer, or delay the construction for any facility
926 listed in the 5-year schedule. All public facilities must be
927 consistent with the capital improvements element. The annual
928 update to the capital improvements element of the comprehensive
929 plan need not comply with the financial feasibility requirement
930 until December 1, 2013 2011. Thereafter, a local government may
931 not amend its future land use map, except for plan amendments to
932 meet new requirements under this part and emergency amendments
933 pursuant to s. 163.3187(1)(a), after December 1, 2013 2011, and
934 every year thereafter, unless and until the local government has
935 a financially feasible capital improvements elementadopted the
936 annual update and it has been transmitted to the state land
937 planning agency.
938 2. Capital improvements element amendments adopted after
939 the effective date of this act shall require only a single
940 public hearing before the governing board which shall be an
941 adoption hearing as described in s. 163.3184(7). Such amendments
942 are not subject to the requirements of s. 163.3184(3)-(6).
943 (c) If the local government does not adopt the required
944 annual update to the schedule of capital improvements, the state
945 land planning agency must notify the Administration Commission.
946 A local government that has a demonstrated lack of commitment to
947 meeting its obligations identified in the capital improvements
948 element may be subject to sanctions by the Administration
949 Commission pursuant to s. 163.3184(11).
950 (d) If a local government adopts a long-term concurrency
951 management system pursuant to s. 163.3180(9), it must also adopt
952 a long-term capital improvements schedule covering up to a 10
953 year or 15-year period, and must update the long-term schedule
954 annually. The long-term schedule of capital improvements must be
955 financially feasible.
956 (e) At the discretion of the local government and
957 notwithstanding the requirements of this subsection, a
958 comprehensive plan, as revised by an amendment to the plan’s
959 future land use map, shall be deemed to be financially feasible
960 and to have achieved and maintained level-of-service standards
961 as required by this section with respect to transportation
962 facilities if the amendment to the future land use map is
963 supported by a:
964 1. Condition in a development order for a development of
965 regional impact or binding agreement that addresses
966 proportionate-share mitigation consistent with s. 163.3180(12);
967 or
968 2. Binding agreement addressing proportionate fair-share
969 mitigation consistent with s. 163.3180(16)(f) and the property
970 subject to the amendment to the future land use map is located
971 within an area designated in a comprehensive plan for urban
972 infill, urban redevelopment, downtown revitalization, urban
973 infill and redevelopment, or an urban service area. The binding
974 agreement must be based on the maximum amount of development
975 identified by the future land use map amendment or as may be
976 otherwise restricted through a special area plan policy or map
977 notation in the comprehensive plan.
978 (f) A local government’s comprehensive plan and plan
979 amendments for land uses within all transportation concurrency
980 exception areas that are designated and maintained in accordance
981 with s. 163.3180(5) shall be deemed to meet the requirement to
982 achieve and maintain level-of-service standards for
983 transportation.
984 (4)(a) Coordination of the local comprehensive plan with
985 the comprehensive plans of adjacent municipalities, the county,
986 adjacent counties, or the region; with the appropriate water
987 management district’s regional water supply plans approved
988 pursuant to s. 373.709; with adopted rules pertaining to
989 designated areas of critical state concern; and with the state
990 comprehensive plan shall be a major objective of the local
991 comprehensive planning process. To that end, in the preparation
992 of a comprehensive plan or element thereof, and in the
993 comprehensive plan or element as adopted, the governing body
994 shall include a specific policy statement indicating the
995 relationship of the proposed development of the area to the
996 comprehensive plans of adjacent municipalities, the county,
997 adjacent counties, or the region and to the state comprehensive
998 plan, as the case may require and as such adopted plans or plans
999 in preparation may exist.
1000 (b) When all or a portion of the land in a local government
1001 jurisdiction is or becomes part of a designated area of critical
1002 state concern, the local government shall clearly identify those
1003 portions of the local comprehensive plan that shall be
1004 applicable to the critical area and shall indicate the
1005 relationship of the proposed development of the area to the
1006 rules for the area of critical state concern.
1007 (5)(a) Each local government comprehensive plan must
1008 include at least two planning periods, one covering at least the
1009 first 5-year period occurring after the plan’s adoption and one
1010 covering at least a 10-year period. Additional planning periods
1011 for specific components, elements, land use amendments, or
1012 projects shall be permissible and accepted as part of the
1013 planning process.
1014 (b) The comprehensive plan and its elements shall contain
1015 guidelines or policies policy recommendations for the
1016 implementation of the plan and its elements.
1017 (6) In addition to the requirements of subsections (1)-(5)
1018 and (12), the comprehensive plan shall include the following
1019 elements:
1020 (a) A future land use plan element designating proposed
1021 future general distribution, location, and extent of the uses of
1022 land for residential uses, commercial uses, industry,
1023 agriculture, recreation, conservation, education, public
1024 buildings and grounds, other public facilities, and other
1025 categories of the public and private uses of land. The
1026 approximate acreage and the general range of density or
1027 intensity of use shall be provided for the gross land area
1028 included in each existing land use category. The element shall
1029 establish the long-term end toward which land use programs and
1030 activities are ultimately directed. Counties are encouraged to
1031 designate rural land stewardship areas, pursuant to paragraph
1032 (11)(d), as overlays on the future land use map.
1033 1. Each future land use category must be defined in terms
1034 of uses included, and must include standards to be followed in
1035 the control and distribution of population densities and
1036 building and structure intensities. The proposed distribution,
1037 location, and extent of the various categories of land use shall
1038 be shown on a land use map or map series which shall be
1039 supplemented by goals, policies, and measurable objectives.
1040 2. The future land use plan and plan amendments shall be
1041 based upon surveys, studies, and data regarding the area, as
1042 applicable, including:
1043 a. The amount of land required to accommodate anticipated
1044 growth.;
1045 b. The projected residential and seasonal population of the
1046 area.;
1047 c. The character of undeveloped land.;
1048 d. The availability of water supplies, public facilities,
1049 and services.;
1050 e. The need for redevelopment, including the renewal of
1051 blighted areas and the elimination of nonconforming uses which
1052 are inconsistent with the character of the community.;
1053 f. The compatibility of uses on lands adjacent to or
1054 closely proximate to military installations.;
1055 g. The compatibility of uses on lands adjacent to an
1056 airport as defined in s. 330.35 and consistent with s. 333.02.;
1057 h. The discouragement of urban sprawl.; energy-efficient
1058 land use patterns accounting for existing and future electric
1059 power generation and transmission systems; greenhouse gas
1060 reduction strategies; and, in rural communities,
1061 i. The need for job creation, capital investment, and
1062 economic development that will strengthen and diversify the
1063 community’s economy.
1064 j. The need to modify land uses and development patterns
1065 within antiquated subdivisions. The future land use plan may
1066 designate areas for future planned development use involving
1067 combinations of types of uses for which special regulations may
1068 be necessary to ensure development in accord with the principles
1069 and standards of the comprehensive plan and this act.
1070 3. The future land use plan element shall include criteria
1071 to be used to:
1072 a. Achieve the compatibility of lands adjacent or closely
1073 proximate to military installations, considering factors
1074 identified in s. 163.3175(5)., and
1075 b. Achieve the compatibility of lands adjacent to an
1076 airport as defined in s. 330.35 and consistent with s. 333.02.
1077 c. Encourage preservation of recreational and commercial
1078 working waterfronts for water dependent uses in coastal
1079 communities.
1080 d. Encourage the location of schools proximate to urban
1081 residential areas to the extent possible.
1082 e. Coordinate future land uses with the topography and soil
1083 conditions, and the availability of facilities and services.
1084 f. Ensure the protection of natural and historic resources.
1085 g. Provide for the compatibility of adjacent land uses.
1086 h. Provide guidelines for the implementation of mixed use
1087 development including the types of uses allowed, the percentage
1088 distribution among the mix of uses, or other standards, and the
1089 density and intensity of each use.
1090 4. In addition, for rural communities, The amount of land
1091 designated for future planned uses industrial use shall provide
1092 a balance of uses that foster vibrant, viable communities and
1093 economic development opportunities and address outdated
1094 development patterns, such as antiquated subdivisions. The
1095 amount of land designated for future land uses should allow the
1096 operation of real estate markets to provide adequate choices for
1097 permanent and seasonal residents and business and be based upon
1098 surveys and studies that reflect the need for job creation,
1099 capital investment, and the necessity to strengthen and
1100 diversify the local economies, and may not be limited solely by
1101 the projected population of the rural community. The element
1102 shall accommodate at least the minimum amount of land required
1103 to accommodate the medium projections of the University of
1104 Florida’s Bureau of Economic and Business Research at least a
1105 10-year planning period unless otherwise limited under s. 380.05
1106 including related rules of the Administration Commission.
1107 5. The future land use plan of a county may also designate
1108 areas for possible future municipal incorporation.
1109 6. The land use maps or map series shall generally identify
1110 and depict historic district boundaries and shall designate
1111 historically significant properties meriting protection. For
1112 coastal counties, the future land use element must include,
1113 without limitation, regulatory incentives and criteria that
1114 encourage the preservation of recreational and commercial
1115 working waterfronts as defined in s. 342.07.
1116 7. The future land use element must clearly identify the
1117 land use categories in which public schools are an allowable
1118 use. When delineating the land use categories in which public
1119 schools are an allowable use, a local government shall include
1120 in the categories sufficient land proximate to residential
1121 development to meet the projected needs for schools in
1122 coordination with public school boards and may establish
1123 differing criteria for schools of different type or size. Each
1124 local government shall include lands contiguous to existing
1125 school sites, to the maximum extent possible, within the land
1126 use categories in which public schools are an allowable use. The
1127 failure by a local government to comply with these school siting
1128 requirements will result in the prohibition of the local
1129 government’s ability to amend the local comprehensive plan,
1130 except for plan amendments described in s. 163.3187(1)(b), until
1131 the school siting requirements are met. Amendments proposed by a
1132 local government for purposes of identifying the land use
1133 categories in which public schools are an allowable use are
1134 exempt from the limitation on the frequency of plan amendments
1135 contained in s. 163.3187. The future land use element shall
1136 include criteria that encourage the location of schools
1137 proximate to urban residential areas to the extent possible and
1138 shall require that the local government seek to collocate public
1139 facilities, such as parks, libraries, and community centers,
1140 with schools to the extent possible and to encourage the use of
1141 elementary schools as focal points for neighborhoods. For
1142 schools serving predominantly rural counties, defined as a
1143 county with a population of 100,000 or fewer, an agricultural
1144 land use category is eligible for the location of public school
1145 facilities if the local comprehensive plan contains school
1146 siting criteria and the location is consistent with such
1147 criteria.
1148 8. Future land use map amendments shall be based upon the
1149 following analyses:
1150 a. An analysis of the availability of facilities and
1151 services.
1152 b. An analysis of the suitability of the plan amendment for
1153 its proposed use considering the character of the undeveloped
1154 land, soils, topography, natural resources, and historic
1155 resources on site.
1156 c. An analysis of the minimum amount of land needed as
1157 determined by the local government.
1158 9. The future land use element and any amendment to the
1159 future land use element shall discourage the proliferation of
1160 urban sprawl.
1161 a. The primary indicators that a plan or plan amendment
1162 does not discourage the proliferation of urban sprawl are listed
1163 below. The evaluation of the presence of these indicators shall
1164 consist of an analysis of the plan or plan amendment within the
1165 context of features and characteristics unique to each locality
1166 in order to determine whether the plan or plan amendment:
1167 (I) Promotes, allows, or designates for development
1168 substantial areas of the jurisdiction to develop as low
1169 intensity, low-density, or single-use development or uses.
1170 (II) Promotes, allows, or designates significant amounts of
1171 urban development to occur in rural areas at substantial
1172 distances from existing urban areas while not using undeveloped
1173 lands that are available and suitable for development.
1174 (III) Promotes, allows, or designates urban development in
1175 radial, strip, isolated, or ribbon patterns generally emanating
1176 from existing urban developments.
1177 (IV) Fails to adequately protect and conserve natural
1178 resources, such as wetlands, floodplains, native vegetation,
1179 environmentally sensitive areas, natural groundwater aquifer
1180 recharge areas, lakes, rivers, shorelines, beaches, bays,
1181 estuarine systems, and other significant natural systems.
1182 (V) Fails to adequately protect adjacent agricultural areas
1183 and activities, including silviculture, active agricultural and
1184 silvicultural activities, passive agricultural activities, and
1185 dormant, unique, and prime farmlands and soils.
1186 (VI) Fails to maximize use of existing public facilities
1187 and services.
1188 (VII) Fails to maximize use of future public facilities and
1189 services.
1190 (VIII) Allows for land use patterns or timing which
1191 disproportionately increase the cost in time, money, and energy
1192 of providing and maintaining facilities and services, including
1193 roads, potable water, sanitary sewer, stormwater management, law
1194 enforcement, education, health care, fire and emergency
1195 response, and general government.
1196 (IX) Fails to provide a clear separation between rural and
1197 urban uses.
1198 (X) Discourages or inhibits infill development or the
1199 redevelopment of existing neighborhoods and communities.
1200 (XI) Fails to encourage a functional mix of uses.
1201 (XII) Results in poor accessibility among linked or related
1202 land uses.
1203 (XIII) Results in the loss of significant amounts of
1204 functional open space.
1205 b. The future land use element or plan amendment shall be
1206 determined to discourage the proliferation of urban sprawl if it
1207 incorporates a development pattern or urban form that achieves
1208 four or more of the following:
1209 (I) Directs or locates economic growth and associated land
1210 development to geographic areas of the community in a manner
1211 that does not have an adverse impact on and protects natural
1212 resources and ecosystems.
1213 (II) Promotes the efficient and cost-effective provision or
1214 extension of public infrastructure and services.
1215 (III) Promotes walkable and connected communities and
1216 provides for compact development and a mix of uses at densities
1217 and intensities that will support a range of housing choices and
1218 a multimodal transportation system, including pedestrian,
1219 bicycle, and transit, if available.
1220 (IV) Promotes conservation of water and energy.
1221 (V) Preserves agricultural areas and activities, including
1222 silviculture, and dormant, unique, and prime farmlands and
1223 soils.
1224 (VI) Preserves open space and natural lands and provides
1225 for public open space and recreation needs.
1226 (VII) Creates a balance of land uses based upon demands of
1227 residential population for the nonresidential needs of an area.
1228 (VIII) Provides uses, densities, and intensities of use and
1229 urban form that would remediate an existing or planned
1230 development pattern in the vicinity that constitutes sprawl or
1231 if it provides for an innovative development pattern such as
1232 transit-oriented developments or new towns as defined in s.
1233 163.3164.
1234 10. The future land use element shall include a future land
1235 use map or map series.
1236 a. The proposed distribution, extent, and location of the
1237 following uses shall be shown on the future land use map or map
1238 series:
1239 (I) Residential.
1240 (II) Commercial.
1241 (III) Industrial.
1242 (IV) Agricultural.
1243 (V) Recreational.
1244 (VI) Conservation.
1245 (VII) Educational.
1246 (VIII) Public.
1247 b. The following areas shall also be shown on the future
1248 land use map or map series, if applicable:
1249 (I) Historic district boundaries and designated
1250 historically significant properties.
1251 (II) Transportation concurrency management area boundaries
1252 or transportation concurrency exception area boundaries.
1253 (III) Multimodal transportation district boundaries.
1254 (IV) Mixed use categories.
1255 c. The following natural resources or conditions shall be
1256 shown on the future land use map or map series, if applicable:
1257 (I) Existing and planned public potable waterwells, cones
1258 of influence, and wellhead protection areas.
1259 (II) Beaches and shores, including estuarine systems.
1260 (III) Rivers, bays, lakes, floodplains, and harbors.
1261 (IV) Wetlands.
1262 (V) Minerals and soils.
1263 (VI) Coastal high hazard areas.
1264 11. Local governments required to update or amend their
1265 comprehensive plan to include criteria and address compatibility
1266 of lands adjacent or closely proximate to existing military
1267 installations, or lands adjacent to an airport as defined in s.
1268 330.35 and consistent with s. 333.02, in their future land use
1269 plan element shall transmit the update or amendment to the state
1270 land planning agency by June 30, 2012.
1271 (b)1. A transportation element addressing mobility issues
1272 in relationship to the size and character of the local
1273 government. The purpose of the transportation element shall be
1274 to plan for a multimodal transportation system that places
1275 emphasis on public transportation systems, where feasible. The
1276 element shall provide for a safe, convenient multimodal
1277 transportation system, coordinated with the future land use map
1278 or map series and designed to support all elements of the
1279 comprehensive plan. A local government that has all or part of
1280 its jurisdiction included within the metropolitan planning area
1281 of a metropolitan planning organization (M.P.O.) pursuant to s.
1282 339.175 shall prepare and adopt a transportation element
1283 consistent with this subsection. Local governments that are not
1284 located within the metropolitan planning area of an M.P.O. shall
1285 address traffic circulation, mass transit, and ports, and
1286 aviation and related facilities consistent with this subsection,
1287 except that local governments with a population of 50,000 or
1288 less shall only be required to address transportation
1289 circulation. The element shall be coordinated with the plans and
1290 programs of any applicable metropolitan planning organization,
1291 transportation authority, Florida Transportation Plan, and
1292 Department of Transportation’s adopted work program. The
1293 transportation element shall address
1294 (b) A traffic circulation, including element consisting of
1295 the types, locations, and extent of existing and proposed major
1296 thoroughfares and transportation routes, including bicycle and
1297 pedestrian ways. Transportation corridors, as defined in s.
1298 334.03, may be designated in the transportation traffic
1299 circulation element pursuant to s. 337.273. If the
1300 transportation corridors are designated, the local government
1301 may adopt a transportation corridor management ordinance. The
1302 element shall reflect the data, analysis, and associated
1303 principles and strategies relating to:
1304 a. The existing transportation system levels of service and
1305 system needs and the availability of transportation facilities
1306 and services.
1307 b. The growth trends and travel patterns and interactions
1308 between land use and transportation.
1309 c. Existing and projected intermodal deficiencies and
1310 needs.
1311 d. The projected transportation system levels of service
1312 and system needs based upon the future land use map and the
1313 projected integrated transportation system.
1314 e. How the local government will correct existing facility
1315 deficiencies, meet the identified needs of the projected
1316 transportation system, and advance the purpose of this paragraph
1317 and the other elements of the comprehensive plan.
1318 2. Local governments within a metropolitan planning area
1319 designated as an M.P.O. pursuant to s. 339.175 shall also
1320 address:
1321 a. All alternative modes of travel, such as public
1322 transportation, pedestrian, and bicycle travel.
1323 b. Aviation, rail, seaport facilities, access to those
1324 facilities, and intermodal terminals.
1325 c. The capability to evacuate the coastal population before
1326 an impending natural disaster.
1327 d. Airports, projected airport and aviation development,
1328 and land use compatibility around airports, which includes areas
1329 defined in ss. 333.01 and 333.02.
1330 e. An identification of land use densities, building
1331 intensities, and transportation management programs to promote
1332 public transportation systems in designated public
1333 transportation corridors so as to encourage population densities
1334 sufficient to support such systems.
1335 3. Mass-transit provisions showing proposed methods for the
1336 moving of people, rights-of-way, terminals, and related
1337 facilities shall address:
1338 a. The provision of efficient public transit services based
1339 upon existing and proposed major trip generators and attractors,
1340 safe and convenient public transit terminals, land uses, and
1341 accommodation of the special needs of the transportation
1342 disadvantaged.
1343 b. Plans for port, aviation, and related facilities
1344 coordinated with the general circulation and transportation
1345 element.
1346 c. Plans for the circulation of recreational traffic,
1347 including bicycle facilities, exercise trails, riding
1348 facilities, and such other matters as may be related to the
1349 improvement and safety of movement of all types of recreational
1350 traffic.
1351 4. An airport master plan, and any subsequent amendments to
1352 the airport master plan, prepared by a licensed publicly owned
1353 and operated airport under s. 333.06 may be incorporated into
1354 the local government comprehensive plan by the local government
1355 having jurisdiction under this act for the area in which the
1356 airport or projected airport development is located by the
1357 adoption of a comprehensive plan amendment. In the amendment to
1358 the local comprehensive plan that integrates the airport master
1359 plan, the comprehensive plan amendment shall address land use
1360 compatibility consistent with chapter 333 regarding airport
1361 zoning; the provision of regional transportation facilities for
1362 the efficient use and operation of the transportation system and
1363 airport; consistency with the local government transportation
1364 circulation element and applicable M.P.O. long-range
1365 transportation plans; the execution of any necessary interlocal
1366 agreements for the purposes of the provision of public
1367 facilities and services to maintain the adopted level-of-service
1368 standards for facilities subject to concurrency; and may address
1369 airport-related or aviation-related development. Development or
1370 expansion of an airport consistent with the adopted airport
1371 master plan that has been incorporated into the local
1372 comprehensive plan in compliance with this part, and airport
1373 related or aviation-related development that has been addressed
1374 in the comprehensive plan amendment that incorporates the
1375 airport master plan, shall not be a development of regional
1376 impact. Notwithstanding any other general law, an airport that
1377 has received a development-of-regional-impact development order
1378 pursuant to s. 380.06, but which is no longer required to
1379 undergo development-of-regional-impact review pursuant to this
1380 subsection, may rescind its development-of-regional-impact order
1381 upon written notification to the applicable local government.
1382 Upon receipt by the local government, the development-of
1383 regional-impact development order shall be deemed rescinded.
1384 5. The transportation element shall include a map or map
1385 series showing the general location of the existing and proposed
1386 transportation system features and shall be coordinated with the
1387 future land use map or map series. The traffic circulation
1388 element shall incorporate transportation strategies to address
1389 reduction in greenhouse gas emissions from the transportation
1390 sector.
1391 (c) A general sanitary sewer, solid waste, drainage,
1392 potable water, and natural groundwater aquifer recharge element
1393 correlated to principles and guidelines for future land use,
1394 indicating ways to provide for future potable water, drainage,
1395 sanitary sewer, solid waste, and aquifer recharge protection
1396 requirements for the area. The element may be a detailed
1397 engineering plan including a topographic map depicting areas of
1398 prime groundwater recharge.
1399 1. Each local government shall address in the data and
1400 analyses required by this section those facilities that provide
1401 service within the local government’s jurisdiction. Local
1402 governments that provide facilities to serve areas within other
1403 local government jurisdictions shall also address those
1404 facilities in the data and analyses required by this section,
1405 using data from the comprehensive plan for those areas for the
1406 purpose of projecting facility needs as required in this
1407 subsection. For shared facilities, each local government shall
1408 indicate the proportional capacity of the systems allocated to
1409 serve its jurisdiction.
1410 2. The element shall describe the problems and needs and
1411 the general facilities that will be required for solution of the
1412 problems and needs, including correcting existing facility
1413 deficiencies. The element shall address coordinating the
1414 extension of, or increase in the capacity of, facilities to meet
1415 future needs while maximizing the use of existing facilities and
1416 discouraging urban sprawl; conservation of potable water
1417 resources; and protecting the functions of natural groundwater
1418 recharge areas and natural drainage features. The element shall
1419 also include a topographic map depicting any areas adopted by a
1420 regional water management district as prime groundwater recharge
1421 areas for the Floridan or Biscayne aquifers. These areas shall
1422 be given special consideration when the local government is
1423 engaged in zoning or considering future land use for said
1424 designated areas. For areas served by septic tanks, soil surveys
1425 shall be provided which indicate the suitability of soils for
1426 septic tanks.
1427 3. Within 18 months after the governing board approves an
1428 updated regional water supply plan, the element must incorporate
1429 the alternative water supply project or projects selected by the
1430 local government from those identified in the regional water
1431 supply plan pursuant to s. 373.709(2)(a) or proposed by the
1432 local government under s. 373.709(8)(b). If a local government
1433 is located within two water management districts, the local
1434 government shall adopt its comprehensive plan amendment within
1435 18 months after the later updated regional water supply plan.
1436 The element must identify such alternative water supply projects
1437 and traditional water supply projects and conservation and reuse
1438 necessary to meet the water needs identified in s. 373.709(2)(a)
1439 within the local government’s jurisdiction and include a work
1440 plan, covering at least a 10-year planning period, for building
1441 public, private, and regional water supply facilities, including
1442 development of alternative water supplies, which are identified
1443 in the element as necessary to serve existing and new
1444 development. The work plan shall be updated, at a minimum, every
1445 5 years within 18 months after the governing board of a water
1446 management district approves an updated regional water supply
1447 plan. Amendments to incorporate the work plan do not count
1448 toward the limitation on the frequency of adoption of amendments
1449 to the comprehensive plan. Local governments, public and private
1450 utilities, regional water supply authorities, special districts,
1451 and water management districts are encouraged to cooperatively
1452 plan for the development of multijurisdictional water supply
1453 facilities that are sufficient to meet projected demands for
1454 established planning periods, including the development of
1455 alternative water sources to supplement traditional sources of
1456 groundwater and surface water supplies.
1457 (d) A conservation element for the conservation, use, and
1458 protection of natural resources in the area, including air,
1459 water, water recharge areas, wetlands, waterwells, estuarine
1460 marshes, soils, beaches, shores, flood plains, rivers, bays,
1461 lakes, harbors, forests, fisheries and wildlife, marine habitat,
1462 minerals, and other natural and environmental resources,
1463 including factors that affect energy conservation.
1464 1. The following natural resources, where present within
1465 the local government’s boundaries, shall be identified and
1466 analyzed and existing recreational or conservation uses, known
1467 pollution problems, including hazardous wastes, and the
1468 potential for conservation, recreation, use, or protection shall
1469 also be identified:
1470 a. Rivers, bays, lakes, wetlands including estuarine
1471 marshes, groundwaters, and springs, including information on
1472 quality of the resource available.
1473 b. Floodplains.
1474 c. Known sources of commercially valuable minerals.
1475 d. Areas known to have experienced soil erosion problems.
1476 e. Areas that are the location of recreationally and
1477 commercially important fish or shellfish, wildlife, marine
1478 habitats, and vegetative communities, including forests,
1479 indicating known dominant species present and species listed by
1480 federal, state, or local government agencies as endangered,
1481 threatened, or species of special concern.
1482 2. The element must contain principles, guidelines, and
1483 standards for conservation that provide long-term goals and
1484 which:
1485 a. Protects air quality.
1486 b. Conserves, appropriately uses, and protects the quality
1487 and quantity of current and projected water sources and waters
1488 that flow into estuarine waters or oceanic waters and protect
1489 from activities and land uses known to affect adversely the
1490 quality and quantity of identified water sources, including
1491 natural groundwater recharge areas, wellhead protection areas,
1492 and surface waters used as a source of public water supply.
1493 c. Provides for the emergency conservation of water sources
1494 in accordance with the plans of the regional water management
1495 district.
1496 d. Conserves, appropriately uses, and protects minerals,
1497 soils, and native vegetative communities, including forests,
1498 from destruction by development activities.
1499 e. Conserves, appropriately uses, and protects fisheries,
1500 wildlife, wildlife habitat, and marine habitat and restricts
1501 activities known to adversely affect the survival of endangered
1502 and threatened wildlife.
1503 f. Protects existing natural reservations identified in the
1504 recreation and open space element.
1505 g. Maintains cooperation with adjacent local governments to
1506 conserve, appropriately use, or protect unique vegetative
1507 communities located within more than one local jurisdiction.
1508 h. Designates environmentally sensitive lands for
1509 protection based on locally determined criteria which further
1510 the goals and objectives of the conservation element.
1511 i. Manages hazardous waste to protect natural resources.
1512 j. Protects and conserves wetlands and the natural
1513 functions of wetlands.
1514 k. Directs future land uses that are incompatible with the
1515 protection and conservation of wetlands and wetland functions
1516 away from wetlands. The type, intensity or density, extent,
1517 distribution, and location of allowable land uses and the types,
1518 values, functions, sizes, conditions, and locations of wetlands
1519 are land use factors that shall be considered when directing
1520 incompatible land uses away from wetlands. Land uses shall be
1521 distributed in a manner that minimizes the effect and impact on
1522 wetlands. The protection and conservation of wetlands by the
1523 direction of incompatible land uses away from wetlands shall
1524 occur in combination with other principles, guidelines,
1525 standards, and strategies in the comprehensive plan. Where
1526 incompatible land uses are allowed to occur, mitigation shall be
1527 considered as one means to compensate for loss of wetlands
1528 functions.
1529 3. Local governments shall assess their Current and, as
1530 well as projected, water needs and sources for at least a 10
1531 year period based on the demands for industrial, agricultural,
1532 and potable water use and the quality and quantity of water
1533 available to meet these demands shall be analyzed. The analysis
1534 shall consider the existing levels of water conservation, use,
1535 and protection and applicable policies of the regional water
1536 management district and further must consider, considering the
1537 appropriate regional water supply plan approved pursuant to s.
1538 373.709, or, in the absence of an approved regional water supply
1539 plan, the district water management plan approved pursuant to s.
1540 373.036(2). This information shall be submitted to the
1541 appropriate agencies. The land use map or map series contained
1542 in the future land use element shall generally identify and
1543 depict the following:
1544 1. Existing and planned waterwells and cones of influence
1545 where applicable.
1546 2. Beaches and shores, including estuarine systems.
1547 3. Rivers, bays, lakes, flood plains, and harbors.
1548 4. Wetlands.
1549 5. Minerals and soils.
1550 6. Energy conservation.
1551
1552 The land uses identified on such maps shall be consistent with
1553 applicable state law and rules.
1554 (e) A recreation and open space element indicating a
1555 comprehensive system of public and private sites for recreation,
1556 including, but not limited to, natural reservations, parks and
1557 playgrounds, parkways, beaches and public access to beaches,
1558 open spaces, waterways, and other recreational facilities.
1559 (f)1. A housing element consisting of standards, plans, and
1560 principles, guidelines, standards, and strategies to be followed
1561 in:
1562 a. The provision of housing for all current and anticipated
1563 future residents of the jurisdiction.
1564 b. The elimination of substandard dwelling conditions.
1565 c. The structural and aesthetic improvement of existing
1566 housing.
1567 d. The provision of adequate sites for future housing,
1568 including affordable workforce housing as defined in s.
1569 380.0651(3)(j), housing for low-income, very low-income, and
1570 moderate-income families, mobile homes, and group home
1571 facilities and foster care facilities, with supporting
1572 infrastructure and public facilities.
1573 e. Provision for relocation housing and identification of
1574 historically significant and other housing for purposes of
1575 conservation, rehabilitation, or replacement.
1576 f. The formulation of housing implementation programs.
1577 g. The creation or preservation of affordable housing to
1578 minimize the need for additional local services and avoid the
1579 concentration of affordable housing units only in specific areas
1580 of the jurisdiction.
1581 h. Energy efficiency in the design and construction of new
1582 housing.
1583 i. Use of renewable energy resources.
1584 j. Each county in which the gap between the buying power of
1585 a family of four and the median county home sale price exceeds
1586 $170,000, as determined by the Florida Housing Finance
1587 Corporation, and which is not designated as an area of critical
1588 state concern shall adopt a plan for ensuring affordable
1589 workforce housing. At a minimum, the plan shall identify
1590 adequate sites for such housing. For purposes of this sub
1591 subparagraph, the term “workforce housing” means housing that is
1592 affordable to natural persons or families whose total household
1593 income does not exceed 140 percent of the area median income,
1594 adjusted for household size.
1595 k. As a precondition to receiving any state affordable
1596 housing funding or allocation for any project or program within
1597 the jurisdiction of a county that is subject to sub-subparagraph
1598 j., a county must, by July 1 of each year, provide certification
1599 that the county has complied with the requirements of sub
1600 subparagraph j.
1601 2. The principles, guidelines, standards, and strategies
1602 goals, objectives, and policies of the housing element must be
1603 based on the data and analysis prepared on housing needs,
1604 including an inventory taken from the latest decennial United
1605 States Census or more recent estimates, which shall include the
1606 number and distribution of dwelling units by type, tenure, age,
1607 rent, value, monthly cost of owner-occupied units, and rent or
1608 cost to income ratio, and shall show the number of dwelling
1609 units that are substandard. The inventory shall also include the
1610 methodology used to estimate the condition of housing, a
1611 projection of the anticipated number of households by size,
1612 income range, and age of residents derived from the population
1613 projections, and the minimum housing need of the current and
1614 anticipated future residents of the jurisdiction the affordable
1615 housing needs assessment.
1616 3. The housing element must express principles, guidelines,
1617 standards, and strategies that reflect, as needed, the creation
1618 and preservation of affordable housing for all current and
1619 anticipated future residents of the jurisdiction, elimination of
1620 substandard housing conditions, adequate sites, and distribution
1621 of housing for a range of incomes and types, including mobile
1622 and manufactured homes. The element must provide for specific
1623 programs and actions to partner with private and nonprofit
1624 sectors to address housing needs in the jurisdiction, streamline
1625 the permitting process, and minimize costs and delays for
1626 affordable housing, establish standards to address the quality
1627 of housing, stabilization of neighborhoods, and identification
1628 and improvement of historically significant housing.
1629 4. State and federal housing plans prepared on behalf of
1630 the local government must be consistent with the goals,
1631 objectives, and policies of the housing element. Local
1632 governments are encouraged to use job training, job creation,
1633 and economic solutions to address a portion of their affordable
1634 housing concerns.
1635 2. To assist local governments in housing data collection
1636 and analysis and assure uniform and consistent information
1637 regarding the state’s housing needs, the state land planning
1638 agency shall conduct an affordable housing needs assessment for
1639 all local jurisdictions on a schedule that coordinates the
1640 implementation of the needs assessment with the evaluation and
1641 appraisal reports required by s. 163.3191. Each local government
1642 shall utilize the data and analysis from the needs assessment as
1643 one basis for the housing element of its local comprehensive
1644 plan. The agency shall allow a local government the option to
1645 perform its own needs assessment, if it uses the methodology
1646 established by the agency by rule.
1647 (g)1. For those units of local government identified in s.
1648 380.24, a coastal management element, appropriately related to
1649 the particular requirements of paragraphs (d) and (e) and
1650 meeting the requirements of s. 163.3178(2) and (3). The coastal
1651 management element shall set forth the principles, guidelines,
1652 standards, and strategies policies that shall guide the local
1653 government’s decisions and program implementation with respect
1654 to the following objectives:
1655 1.a. Maintain, restore, and enhance Maintenance,
1656 restoration, and enhancement of the overall quality of the
1657 coastal zone environment, including, but not limited to, its
1658 amenities and aesthetic values.
1659 2.b. Preserve the continued existence of viable populations
1660 of all species of wildlife and marine life.
1661 3.c. Protect the orderly and balanced utilization and
1662 preservation, consistent with sound conservation principles, of
1663 all living and nonliving coastal zone resources.
1664 4.d. Avoid Avoidance of irreversible and irretrievable loss
1665 of coastal zone resources.
1666 5.e. Use ecological planning principles and assumptions to
1667 be used in the determination of the suitability and extent of
1668 permitted development.
1669 f. Proposed management and regulatory techniques.
1670 6.g. Limit Limitation of public expenditures that subsidize
1671 development in high-hazard coastal high-hazard areas.
1672 7.h. Protect Protection of human life against the effects
1673 of natural disasters.
1674 8.i. Direct the orderly development, maintenance, and use
1675 of ports identified in s. 403.021(9) to facilitate deepwater
1676 commercial navigation and other related activities.
1677 9.j. Preserve historic and archaeological resources, which
1678 include the Preservation, including sensitive adaptive use of
1679 these historic and archaeological resources.
1680 2. As part of this element, a local government that has a
1681 coastal management element in its comprehensive plan is
1682 encouraged to adopt recreational surface water use policies that
1683 include applicable criteria for and consider such factors as
1684 natural resources, manatee protection needs, protection of
1685 working waterfronts and public access to the water, and
1686 recreation and economic demands. Criteria for manatee protection
1687 in the recreational surface water use policies should reflect
1688 applicable guidance outlined in the Boat Facility Siting Guide
1689 prepared by the Fish and Wildlife Conservation Commission. If
1690 the local government elects to adopt recreational surface water
1691 use policies by comprehensive plan amendment, such comprehensive
1692 plan amendment is exempt from the provisions of s. 163.3187(1).
1693 Local governments that wish to adopt recreational surface water
1694 use policies may be eligible for assistance with the development
1695 of such policies through the Florida Coastal Management Program.
1696 The Office of Program Policy Analysis and Government
1697 Accountability shall submit a report on the adoption of
1698 recreational surface water use policies under this subparagraph
1699 to the President of the Senate, the Speaker of the House of
1700 Representatives, and the majority and minority leaders of the
1701 Senate and the House of Representatives no later than December
1702 1, 2010.
1703 (h)1. An intergovernmental coordination element showing
1704 relationships and stating principles and guidelines to be used
1705 in coordinating the adopted comprehensive plan with the plans of
1706 school boards, regional water supply authorities, and other
1707 units of local government providing services but not having
1708 regulatory authority over the use of land, with the
1709 comprehensive plans of adjacent municipalities, the county,
1710 adjacent counties, or the region, with the state comprehensive
1711 plan and with the applicable regional water supply plan approved
1712 pursuant to s. 373.709, as the case may require and as such
1713 adopted plans or plans in preparation may exist. This element of
1714 the local comprehensive plan must demonstrate consideration of
1715 the particular effects of the local plan, when adopted, upon the
1716 development of adjacent municipalities, the county, adjacent
1717 counties, or the region, or upon the state comprehensive plan,
1718 as the case may require.
1719 a. The intergovernmental coordination element must provide
1720 procedures for identifying and implementing joint planning
1721 areas, especially for the purpose of annexation, municipal
1722 incorporation, and joint infrastructure service areas.
1723 b. The intergovernmental coordination element must provide
1724 for recognition of campus master plans prepared pursuant to s.
1725 1013.30 and airport master plans under paragraph (k).
1726 c. The intergovernmental coordination element shall provide
1727 for a dispute resolution process, as established pursuant to s.
1728 186.509, for bringing intergovernmental disputes to closure in a
1729 timely manner.
1730 c.d. The intergovernmental coordination element shall
1731 provide for interlocal agreements as established pursuant to s.
1732 333.03(1)(b).
1733 2. The intergovernmental coordination element shall also
1734 state principles and guidelines to be used in coordinating the
1735 adopted comprehensive plan with the plans of school boards and
1736 other units of local government providing facilities and
1737 services but not having regulatory authority over the use of
1738 land. In addition, the intergovernmental coordination element
1739 must describe joint processes for collaborative planning and
1740 decisionmaking on population projections and public school
1741 siting, the location and extension of public facilities subject
1742 to concurrency, and siting facilities with countywide
1743 significance, including locally unwanted land uses whose nature
1744 and identity are established in an agreement.
1745 3. Within 1 year after adopting their intergovernmental
1746 coordination elements, each county, all the municipalities
1747 within that county, the district school board, and any unit of
1748 local government service providers in that county shall
1749 establish by interlocal or other formal agreement executed by
1750 all affected entities, the joint processes described in this
1751 subparagraph consistent with their adopted intergovernmental
1752 coordination elements. The element must:
1753 a. Ensure that the local government addresses through
1754 coordination mechanisms the impacts of development proposed in
1755 the local comprehensive plan upon development in adjacent
1756 municipalities, the county, adjacent counties, the region, and
1757 the state. The area of concern for municipalities shall include
1758 adjacent municipalities, the county, and counties adjacent to
1759 the municipality. The area of concern for counties shall include
1760 all municipalities within the county, adjacent counties, and
1761 adjacent municipalities.
1762 b. Ensure coordination in establishing level of service
1763 standards for public facilities with any state, regional, or
1764 local entity having operational and maintenance responsibility
1765 for such facilities.
1766 4.3. To foster coordination between special districts and
1767 local general-purpose governments as local general-purpose
1768 governments implement local comprehensive plans, each
1769 independent special district must submit a public facilities
1770 report to the appropriate local government as required by s.
1771 189.415.
1772 4. Local governments shall execute an interlocal agreement
1773 with the district school board, the county, and nonexempt
1774 municipalities pursuant to s. 163.31777. The local government
1775 shall amend the intergovernmental coordination element to ensure
1776 that coordination between the local government and school board
1777 is pursuant to the agreement and shall state the obligations of
1778 the local government under the agreement. Plan amendments that
1779 comply with this subparagraph are exempt from the provisions of
1780 s. 163.3187(1).
1781 5. By January 1, 2004, any county having a population
1782 greater than 100,000, and the municipalities and special
1783 districts within that county, shall submit a report to the
1784 Department of Community Affairs which identifies:
1785 a. All existing or proposed interlocal service delivery
1786 agreements relating to education; sanitary sewer; public safety;
1787 solid waste; drainage; potable water; parks and recreation; and
1788 transportation facilities.
1789 b. Any deficits or duplication in the provision of
1790 services within its jurisdiction, whether capital or
1791 operational. Upon request, the Department of Community Affairs
1792 shall provide technical assistance to the local governments in
1793 identifying deficits or duplication.
1794 6. Within 6 months after submission of the report, the
1795 Department of Community Affairs shall, through the appropriate
1796 regional planning council, coordinate a meeting of all local
1797 governments within the regional planning area to discuss the
1798 reports and potential strategies to remedy any identified
1799 deficiencies or duplications.
1800 7. Each local government shall update its intergovernmental
1801 coordination element based upon the findings in the report
1802 submitted pursuant to subparagraph 5. The report may be used as
1803 supporting data and analysis for the intergovernmental
1804 coordination element.
1805 (i) The optional elements of the comprehensive plan in
1806 paragraphs (7)(a) and (b) are required elements for those
1807 municipalities having populations greater than 50,000, and those
1808 counties having populations greater than 75,000, as determined
1809 under s. 186.901.
1810 (j) For each unit of local government within an urbanized
1811 area designated for purposes of s. 339.175, a transportation
1812 element, which must be prepared and adopted in lieu of the
1813 requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
1814 and (d) and which shall address the following issues:
1815 1. Traffic circulation, including major thoroughfares and
1816 other routes, including bicycle and pedestrian ways.
1817 2. All alternative modes of travel, such as public
1818 transportation, pedestrian, and bicycle travel.
1819 3. Parking facilities.
1820 4. Aviation, rail, seaport facilities, access to those
1821 facilities, and intermodal terminals.
1822 5. The availability of facilities and services to serve
1823 existing land uses and the compatibility between future land use
1824 and transportation elements.
1825 6. The capability to evacuate the coastal population prior
1826 to an impending natural disaster.
1827 7. Airports, projected airport and aviation development,
1828 and land use compatibility around airports, which includes areas
1829 defined in ss. 333.01 and 333.02.
1830 8. An identification of land use densities, building
1831 intensities, and transportation management programs to promote
1832 public transportation systems in designated public
1833 transportation corridors so as to encourage population densities
1834 sufficient to support such systems.
1835 9. May include transportation corridors, as defined in s.
1836 334.03, intended for future transportation facilities designated
1837 pursuant to s. 337.273. If transportation corridors are
1838 designated, the local government may adopt a transportation
1839 corridor management ordinance.
1840 10. The incorporation of transportation strategies to
1841 address reduction in greenhouse gas emissions from the
1842 transportation sector.
1843 (k) An airport master plan, and any subsequent amendments
1844 to the airport master plan, prepared by a licensed publicly
1845 owned and operated airport under s. 333.06 may be incorporated
1846 into the local government comprehensive plan by the local
1847 government having jurisdiction under this act for the area in
1848 which the airport or projected airport development is located by
1849 the adoption of a comprehensive plan amendment. In the amendment
1850 to the local comprehensive plan that integrates the airport
1851 master plan, the comprehensive plan amendment shall address land
1852 use compatibility consistent with chapter 333 regarding airport
1853 zoning; the provision of regional transportation facilities for
1854 the efficient use and operation of the transportation system and
1855 airport; consistency with the local government transportation
1856 circulation element and applicable metropolitan planning
1857 organization long-range transportation plans; and the execution
1858 of any necessary interlocal agreements for the purposes of the
1859 provision of public facilities and services to maintain the
1860 adopted level-of-service standards for facilities subject to
1861 concurrency; and may address airport-related or aviation-related
1862 development. Development or expansion of an airport consistent
1863 with the adopted airport master plan that has been incorporated
1864 into the local comprehensive plan in compliance with this part,
1865 and airport-related or aviation-related development that has
1866 been addressed in the comprehensive plan amendment that
1867 incorporates the airport master plan, shall not be a development
1868 of regional impact. Notwithstanding any other general law, an
1869 airport that has received a development-of-regional-impact
1870 development order pursuant to s. 380.06, but which is no longer
1871 required to undergo development-of-regional-impact review
1872 pursuant to this subsection, may abandon its development-of
1873 regional-impact order upon written notification to the
1874 applicable local government. Upon receipt by the local
1875 government, the development-of-regional-impact development order
1876 is void.
1877 (7) The comprehensive plan may include the following
1878 additional elements, or portions or phases thereof:
1879 (a) As a part of the circulation element of paragraph
1880 (6)(b) or as a separate element, a mass-transit element showing
1881 proposed methods for the moving of people, rights-of-way,
1882 terminals, related facilities, and fiscal considerations for the
1883 accomplishment of the element.
1884 (b) As a part of the circulation element of paragraph
1885 (6)(b) or as a separate element, plans for port, aviation, and
1886 related facilities coordinated with the general circulation and
1887 transportation element.
1888 (c) As a part of the circulation element of paragraph
1889 (6)(b) and in coordination with paragraph (6)(e), where
1890 applicable, a plan element for the circulation of recreational
1891 traffic, including bicycle facilities, exercise trails, riding
1892 facilities, and such other matters as may be related to the
1893 improvement and safety of movement of all types of recreational
1894 traffic.
1895 (d) As a part of the circulation element of paragraph
1896 (6)(b) or as a separate element, a plan element for the
1897 development of offstreet parking facilities for motor vehicles
1898 and the fiscal considerations for the accomplishment of the
1899 element.
1900 (e) A public buildings and related facilities element
1901 showing locations and arrangements of civic and community
1902 centers, public schools, hospitals, libraries, police and fire
1903 stations, and other public buildings. This plan element should
1904 show particularly how it is proposed to effect coordination with
1905 governmental units, such as school boards or hospital
1906 authorities, having public development and service
1907 responsibilities, capabilities, and potential but not having
1908 land development regulatory authority. This element may include
1909 plans for architecture and landscape treatment of their grounds.
1910 (f) A recommended community design element which may
1911 consist of design recommendations for land subdivision,
1912 neighborhood development and redevelopment, design of open space
1913 locations, and similar matters to the end that such
1914 recommendations may be available as aids and guides to
1915 developers in the future planning and development of land in the
1916 area.
1917 (g) A general area redevelopment element consisting of
1918 plans and programs for the redevelopment of slums and blighted
1919 locations in the area and for community redevelopment, including
1920 housing sites, business and industrial sites, public buildings
1921 sites, recreational facilities, and other purposes authorized by
1922 law.
1923 (h) A safety element for the protection of residents and
1924 property of the area from fire, hurricane, or manmade or natural
1925 catastrophe, including such necessary features for protection as
1926 evacuation routes and their control in an emergency, water
1927 supply requirements, minimum road widths, clearances around and
1928 elevations of structures, and similar matters.
1929 (i) An historical and scenic preservation element setting
1930 out plans and programs for those structures or lands in the area
1931 having historical, archaeological, architectural, scenic, or
1932 similar significance.
1933 (j) An economic element setting forth principles and
1934 guidelines for the commercial and industrial development, if
1935 any, and the employment and personnel utilization within the
1936 area. The element may detail the type of commercial and
1937 industrial development sought, correlated to the present and
1938 projected employment needs of the area and to other elements of
1939 the plans, and may set forth methods by which a balanced and
1940 stable economic base will be pursued.
1941 (k) Such other elements as may be peculiar to, and
1942 necessary for, the area concerned and as are added to the
1943 comprehensive plan by the governing body upon the recommendation
1944 of the local planning agency.
1945 (l) Local governments that are not required to prepare
1946 coastal management elements under s. 163.3178 are encouraged to
1947 adopt hazard mitigation/postdisaster redevelopment plans. These
1948 plans should, at a minimum, establish long-term policies
1949 regarding redevelopment, infrastructure, densities,
1950 nonconforming uses, and future land use patterns. Grants to
1951 assist local governments in the preparation of these hazard
1952 mitigation/postdisaster redevelopment plans shall be available
1953 through the Emergency Management Preparedness and Assistance
1954 Account in the Grants and Donations Trust Fund administered by
1955 the department, if such account is created by law. The plans
1956 must be in compliance with the requirements of this act and
1957 chapter 252.
1958 (8) All elements of the comprehensive plan, whether
1959 mandatory or optional, shall be based upon data appropriate to
1960 the element involved. Surveys and studies utilized in the
1961 preparation of the comprehensive plan shall not be deemed a part
1962 of the comprehensive plan unless adopted as a part of it. Copies
1963 of such studies, surveys, and supporting documents shall be made
1964 available to public inspection, and copies of such plans shall
1965 be made available to the public upon payment of reasonable
1966 charges for reproduction.
1967 (9) The state land planning agency shall, by February 15,
1968 1986, adopt by rule minimum criteria for the review and
1969 determination of compliance of the local government
1970 comprehensive plan elements required by this act. Such rules
1971 shall not be subject to rule challenges under s. 120.56(2) or to
1972 drawout proceedings under s. 120.54(3)(c)2. Such rules shall
1973 become effective only after they have been submitted to the
1974 President of the Senate and the Speaker of the House of
1975 Representatives for review by the Legislature no later than 30
1976 days prior to the next regular session of the Legislature. In
1977 its review the Legislature may reject, modify, or take no action
1978 relative to the rules. The agency shall conform the rules to the
1979 changes made by the Legislature, or, if no action was taken, the
1980 agency rules shall become effective. The rule shall include
1981 criteria for determining whether:
1982 (a) Proposed elements are in compliance with the
1983 requirements of part II, as amended by this act.
1984 (b) Other elements of the comprehensive plan are related to
1985 and consistent with each other.
1986 (c) The local government comprehensive plan elements are
1987 consistent with the state comprehensive plan and the appropriate
1988 regional policy plan pursuant to s. 186.508.
1989 (d) Certain bays, estuaries, and harbors that fall under
1990 the jurisdiction of more than one local government are managed
1991 in a consistent and coordinated manner in the case of local
1992 governments required to include a coastal management element in
1993 their comprehensive plans pursuant to paragraph (6)(g).
1994 (e) Proposed elements identify the mechanisms and
1995 procedures for monitoring, evaluating, and appraising
1996 implementation of the plan. Specific measurable objectives are
1997 included to provide a basis for evaluating effectiveness as
1998 required by s. 163.3191.
1999 (f) Proposed elements contain policies to guide future
2000 decisions in a consistent manner.
2001 (g) Proposed elements contain programs and activities to
2002 ensure that comprehensive plans are implemented.
2003 (h) Proposed elements identify the need for and the
2004 processes and procedures to ensure coordination of all
2005 development activities and services with other units of local
2006 government, regional planning agencies, water management
2007 districts, and state and federal agencies as appropriate.
2008
2009 The state land planning agency may adopt procedural rules that
2010 are consistent with this section and chapter 120 for the review
2011 of local government comprehensive plan elements required under
2012 this section. The state land planning agency shall provide model
2013 plans and ordinances and, upon request, other assistance to
2014 local governments in the adoption and implementation of their
2015 revised local government comprehensive plans. The review and
2016 comment provisions applicable prior to October 1, 1985, shall
2017 continue in effect until the criteria for review and
2018 determination are adopted pursuant to this subsection and the
2019 comprehensive plans required by s. 163.3167(2) are due.
2020 (10) The Legislature recognizes the importance and
2021 significance of chapter 9J-5, Florida Administrative Code, the
2022 Minimum Criteria for Review of Local Government Comprehensive
2023 Plans and Determination of Compliance of the Department of
2024 Community Affairs that will be used to determine compliance of
2025 local comprehensive plans. The Legislature reserved unto itself
2026 the right to review chapter 9J-5, Florida Administrative Code,
2027 and to reject, modify, or take no action relative to this rule.
2028 Therefore, pursuant to subsection (9), the Legislature hereby
2029 has reviewed chapter 9J-5, Florida Administrative Code, and
2030 expresses the following legislative intent:
2031 (a) The Legislature finds that in order for the department
2032 to review local comprehensive plans, it is necessary to define
2033 the term “consistency.” Therefore, for the purpose of
2034 determining whether local comprehensive plans are consistent
2035 with the state comprehensive plan and the appropriate regional
2036 policy plan, a local plan shall be consistent with such plans if
2037 the local plan is “compatible with” and “furthers” such plans.
2038 The term “compatible with” means that the local plan is not in
2039 conflict with the state comprehensive plan or appropriate
2040 regional policy plan. The term “furthers” means to take action
2041 in the direction of realizing goals or policies of the state or
2042 regional plan. For the purposes of determining consistency of
2043 the local plan with the state comprehensive plan or the
2044 appropriate regional policy plan, the state or regional plan
2045 shall be construed as a whole and no specific goal and policy
2046 shall be construed or applied in isolation from the other goals
2047 and policies in the plans.
2048 (b) Each local government shall review all the state
2049 comprehensive plan goals and policies and shall address in its
2050 comprehensive plan the goals and policies which are relevant to
2051 the circumstances or conditions in its jurisdiction. The
2052 decision regarding which particular state comprehensive plan
2053 goals and policies will be furthered by the expenditure of a
2054 local government’s financial resources in any given year is a
2055 decision which rests solely within the discretion of the local
2056 government. Intergovernmental coordination, as set forth in
2057 paragraph (6)(h), shall be utilized to the extent required to
2058 carry out the provisions of chapter 9J-5, Florida Administrative
2059 Code.
2060 (c) The Legislature declares that if any portion of chapter
2061 9J-5, Florida Administrative Code, is found to be in conflict
2062 with this part, the appropriate statutory provision shall
2063 prevail.
2064 (d) Chapter 9J-5, Florida Administrative Code, does not
2065 mandate the creation, limitation, or elimination of regulatory
2066 authority, nor does it authorize the adoption or require the
2067 repeal of any rules, criteria, or standards of any local,
2068 regional, or state agency.
2069 (e) It is the Legislature’s intent that support data or
2070 summaries thereof shall not be subject to the compliance review
2071 process, but the Legislature intends that goals and policies be
2072 clearly based on appropriate data. The department may utilize
2073 support data or summaries thereof to aid in its determination of
2074 compliance and consistency. The Legislature intends that the
2075 department may evaluate the application of a methodology
2076 utilized in data collection or whether a particular methodology
2077 is professionally accepted. However, the department shall not
2078 evaluate whether one accepted methodology is better than
2079 another. Chapter 9J-5, Florida Administrative Code, shall not be
2080 construed to require original data collection by local
2081 governments; however, Local governments are not to be
2082 discouraged from utilizing original data so long as
2083 methodologies are professionally accepted.
2084 (f) The Legislature recognizes that under this section,
2085 local governments are charged with setting levels of service for
2086 public facilities in their comprehensive plans in accordance
2087 with which development orders and permits will be issued
2088 pursuant to s. 163.3202(2)(g). Nothing herein shall supersede
2089 the authority of state, regional, or local agencies as otherwise
2090 provided by law.
2091 (g) Definitions contained in chapter 9J-5, Florida
2092 Administrative Code, are not intended to modify or amend the
2093 definitions utilized for purposes of other programs or rules or
2094 to establish or limit regulatory authority. Local governments
2095 may establish alternative definitions in local comprehensive
2096 plans, as long as such definitions accomplish the intent of this
2097 chapter, and chapter 9J-5, Florida Administrative Code.
2098 (h) It is the intent of the Legislature that public
2099 facilities and services needed to support development shall be
2100 available concurrent with the impacts of such development in
2101 accordance with s. 163.3180. In meeting this intent, public
2102 facility and service availability shall be deemed sufficient if
2103 the public facilities and services for a development are phased,
2104 or the development is phased, so that the public facilities and
2105 those related services which are deemed necessary by the local
2106 government to operate the facilities necessitated by that
2107 development are available concurrent with the impacts of the
2108 development. The public facilities and services, unless already
2109 available, are to be consistent with the capital improvements
2110 element of the local comprehensive plan as required by paragraph
2111 (3)(a) or guaranteed in an enforceable development agreement.
2112 This shall include development agreements pursuant to this
2113 chapter or in an agreement or a development order issued
2114 pursuant to chapter 380. Nothing herein shall be construed to
2115 require a local government to address services in its capital
2116 improvements plan or to limit a local government’s ability to
2117 address any service in its capital improvements plan that it
2118 deems necessary.
2119 (i) The department shall take into account the factors
2120 delineated in rule 9J-5.002(2), Florida Administrative Code, as
2121 it provides assistance to local governments and applies the rule
2122 in specific situations with regard to the detail of the data and
2123 analysis required.
2124 (j) Chapter 9J-5, Florida Administrative Code, has become
2125 effective pursuant to subsection (9). The Legislature hereby
2126 directs the department to adopt amendments as necessary which
2127 conform chapter 9J-5, Florida Administrative Code, with the
2128 requirements of this legislative intent by October 1, 1986.
2129 (k) In order for local governments to prepare and adopt
2130 comprehensive plans with knowledge of the rules that are applied
2131 to determine consistency of the plans with this part, there
2132 should be no doubt as to the legal standing of chapter 9J-5,
2133 Florida Administrative Code, at the close of the 1986
2134 legislative session. Therefore, the Legislature declares that
2135 changes made to chapter 9J-5 before October 1, 1986, are not
2136 subject to rule challenges under s. 120.56(2), or to drawout
2137 proceedings under s. 120.54(3)(c)2. The entire chapter 9J-5,
2138 Florida Administrative Code, as amended, is subject to rule
2139 challenges under s. 120.56(3), as nothing herein indicates
2140 approval or disapproval of any portion of chapter 9J-5 not
2141 specifically addressed herein. Any amendments to chapter 9J-5,
2142 Florida Administrative Code, exclusive of the amendments adopted
2143 prior to October 1, 1986, pursuant to this act, shall be subject
2144 to the full chapter 120 process. All amendments shall have
2145 effective dates as provided in chapter 120 and submission to the
2146 President of the Senate and Speaker of the House of
2147 Representatives shall not be required.
2148 (l) The state land planning agency shall consider land use
2149 compatibility issues in the vicinity of all airports in
2150 coordination with the Department of Transportation and adjacent
2151 to or in close proximity to all military installations in
2152 coordination with the Department of Defense.
2153 (11)(a) The Legislature recognizes the need for innovative
2154 planning and development strategies which will address the
2155 anticipated demands of continued urbanization of Florida’s
2156 coastal and other environmentally sensitive areas, and which
2157 will accommodate the development of less populated regions of
2158 the state which seek economic development and which have
2159 suitable land and water resources to accommodate growth in an
2160 environmentally acceptable manner. The Legislature further
2161 recognizes the substantial advantages of innovative approaches
2162 to development which may better serve to protect environmentally
2163 sensitive areas, maintain the economic viability of agricultural
2164 and other predominantly rural land uses, and provide for the
2165 cost-efficient delivery of public facilities and services.
2166 (b) It is the intent of the Legislature that the local
2167 government comprehensive plans and plan amendments adopted
2168 pursuant to the provisions of this part provide for a planning
2169 process which allows for land use efficiencies within existing
2170 urban areas and which also allows for the conversion of rural
2171 lands to other uses, where appropriate and consistent with the
2172 other provisions of this part and the affected local
2173 comprehensive plans, through the application of innovative and
2174 flexible planning and development strategies and creative land
2175 use planning techniques, which may include, but not be limited
2176 to, urban villages, new towns, satellite communities, area-based
2177 allocations, clustering and open space provisions, mixed-use
2178 development, and sector planning.
2179 (c) It is the further intent of the Legislature that local
2180 government comprehensive plans and implementing land development
2181 regulations shall provide strategies which maximize the use of
2182 existing facilities and services through redevelopment, urban
2183 infill development, and other strategies for urban
2184 revitalization.
2185 (d)1. The department, in cooperation with the Department of
2186 Agriculture and Consumer Services, the Department of
2187 Environmental Protection, water management districts, and
2188 regional planning councils, shall provide assistance to local
2189 governments in the implementation of this paragraph and rule 9J
2190 5.006(5)(l), Florida Administrative Code. Implementation of
2191 those provisions shall include a process by which the department
2192 may authorize local governments to designate all or portions of
2193 lands classified in the future land use element as predominantly
2194 agricultural, rural, open, open-rural, or a substantively
2195 equivalent land use, as a rural land stewardship area within
2196 which planning and economic incentives are applied to encourage
2197 the implementation of innovative and flexible planning and
2198 development strategies and creative land use planning
2199 techniques, including those contained herein and in rule 9J
2200 5.006(5)(l), Florida Administrative Code. Assistance may
2201 include, but is not limited to:
2202 a. Assistance from the Department of Environmental
2203 Protection and water management districts in creating the
2204 geographic information systems land cover database and aerial
2205 photogrammetry needed to prepare for a rural land stewardship
2206 area;
2207 b. Support for local government implementation of rural
2208 land stewardship concepts by providing information and
2209 assistance to local governments regarding land acquisition
2210 programs that may be used by the local government or landowners
2211 to leverage the protection of greater acreage and maximize the
2212 effectiveness of rural land stewardship areas; and
2213 c. Expansion of the role of the Department of Community
2214 Affairs as a resource agency to facilitate establishment of
2215 rural land stewardship areas in smaller rural counties that do
2216 not have the staff or planning budgets to create a rural land
2217 stewardship area.
2218 2. The department shall encourage participation by local
2219 governments of different sizes and rural characteristics in
2220 establishing and implementing rural land stewardship areas. It
2221 is the intent of the Legislature that rural land stewardship
2222 areas be used to further the following broad principles of rural
2223 sustainability: restoration and maintenance of the economic
2224 value of rural land; control of urban sprawl; identification and
2225 protection of ecosystems, habitats, and natural resources;
2226 promotion of rural economic activity; maintenance of the
2227 viability of Florida’s agricultural economy; and protection of
2228 the character of rural areas of Florida. Rural land stewardship
2229 areas may be multicounty in order to encourage coordinated
2230 regional stewardship planning.
2231 3. A local government, in conjunction with a regional
2232 planning council, a stakeholder organization of private land
2233 owners, or another local government, shall notify the department
2234 in writing of its intent to designate a rural land stewardship
2235 area. The written notification shall describe the basis for the
2236 designation, including the extent to which the rural land
2237 stewardship area enhances rural land values, controls urban
2238 sprawl, provides necessary open space for agriculture and
2239 protection of the natural environment, promotes rural economic
2240 activity, and maintains rural character and the economic
2241 viability of agriculture.
2242 4. A rural land stewardship area shall be not less than
2243 10,000 acres and shall be located outside of municipalities and
2244 established urban growth boundaries, and shall be designated by
2245 plan amendment. The plan amendment designating a rural land
2246 stewardship area shall be subject to review by the Department of
2247 Community Affairs pursuant to s. 163.3184 and shall provide for
2248 the following:
2249 a. Criteria for the designation of receiving areas within
2250 rural land stewardship areas in which innovative planning and
2251 development strategies may be applied. Criteria shall at a
2252 minimum provide for the following: adequacy of suitable land to
2253 accommodate development so as to avoid conflict with
2254 environmentally sensitive areas, resources, and habitats;
2255 compatibility between and transition from higher density uses to
2256 lower intensity rural uses; the establishment of receiving area
2257 service boundaries which provide for a separation between
2258 receiving areas and other land uses within the rural land
2259 stewardship area through limitations on the extension of
2260 services; and connection of receiving areas with the rest of the
2261 rural land stewardship area using rural design and rural road
2262 corridors.
2263 b. Goals, objectives, and policies setting forth the
2264 innovative planning and development strategies to be applied
2265 within rural land stewardship areas pursuant to the provisions
2266 of this section.
2267 c. A process for the implementation of innovative planning
2268 and development strategies within the rural land stewardship
2269 area, including those described in this subsection and rule 9J
2270 5.006(5)(l), Florida Administrative Code, which provide for a
2271 functional mix of land uses, including adequate available
2272 workforce housing, including low, very-low and moderate income
2273 housing for the development anticipated in the receiving area
2274 and which are applied through the adoption by the local
2275 government of zoning and land development regulations applicable
2276 to the rural land stewardship area.
2277 d. A process which encourages visioning pursuant to s.
2278 163.3167(11) to ensure that innovative planning and development
2279 strategies comply with the provisions of this section.
2280 e. The control of sprawl through the use of innovative
2281 strategies and creative land use techniques consistent with the
2282 provisions of this subsection and rule 9J-5.006(5)(l), Florida
2283 Administrative Code.
2284 5. A receiving area shall be designated by the adoption of
2285 a land development regulation. Prior to the designation of a
2286 receiving area, the local government shall provide the
2287 Department of Community Affairs a period of 30 days in which to
2288 review a proposed receiving area for consistency with the rural
2289 land stewardship area plan amendment and to provide comments to
2290 the local government. At the time of designation of a
2291 stewardship receiving area, a listed species survey will be
2292 performed. If listed species occur on the receiving area site,
2293 the developer shall coordinate with each appropriate local,
2294 state, or federal agency to determine if adequate provisions
2295 have been made to protect those species in accordance with
2296 applicable regulations. In determining the adequacy of
2297 provisions for the protection of listed species and their
2298 habitats, the rural land stewardship area shall be considered as
2299 a whole, and the impacts to areas to be developed as receiving
2300 areas shall be considered together with the environmental
2301 benefits of areas protected as sending areas in fulfilling this
2302 criteria.
2303 6. Upon the adoption of a plan amendment creating a rural
2304 land stewardship area, the local government shall, by ordinance,
2305 establish the methodology for the creation, conveyance, and use
2306 of transferable rural land use credits, otherwise referred to as
2307 stewardship credits, the application of which shall not
2308 constitute a right to develop land, nor increase density of
2309 land, except as provided by this section. The total amount of
2310 transferable rural land use credits within the rural land
2311 stewardship area must enable the realization of the long-term
2312 vision and goals for the 25-year or greater projected population
2313 of the rural land stewardship area, which may take into
2314 consideration the anticipated effect of the proposed receiving
2315 areas. Transferable rural land use credits are subject to the
2316 following limitations:
2317 a. Transferable rural land use credits may only exist
2318 within a rural land stewardship area.
2319 b. Transferable rural land use credits may only be used on
2320 lands designated as receiving areas and then solely for the
2321 purpose of implementing innovative planning and development
2322 strategies and creative land use planning techniques adopted by
2323 the local government pursuant to this section.
2324 c. Transferable rural land use credits assigned to a parcel
2325 of land within a rural land stewardship area shall cease to
2326 exist if the parcel of land is removed from the rural land
2327 stewardship area by plan amendment.
2328 d. Neither the creation of the rural land stewardship area
2329 by plan amendment nor the assignment of transferable rural land
2330 use credits by the local government shall operate to displace
2331 the underlying density of land uses assigned to a parcel of land
2332 within the rural land stewardship area; however, if transferable
2333 rural land use credits are transferred from a parcel for use
2334 within a designated receiving area, the underlying density
2335 assigned to the parcel of land shall cease to exist.
2336 e. The underlying density on each parcel of land located
2337 within a rural land stewardship area shall not be increased or
2338 decreased by the local government, except as a result of the
2339 conveyance or use of transferable rural land use credits, as
2340 long as the parcel remains within the rural land stewardship
2341 area.
2342 f. Transferable rural land use credits shall cease to exist
2343 on a parcel of land where the underlying density assigned to the
2344 parcel of land is utilized.
2345 g. An increase in the density of use on a parcel of land
2346 located within a designated receiving area may occur only
2347 through the assignment or use of transferable rural land use
2348 credits and shall not require a plan amendment.
2349 h. A change in the density of land use on parcels located
2350 within receiving areas shall be specified in a development order
2351 which reflects the total number of transferable rural land use
2352 credits assigned to the parcel of land and the infrastructure
2353 and support services necessary to provide for a functional mix
2354 of land uses corresponding to the plan of development.
2355 i. Land within a rural land stewardship area may be removed
2356 from the rural land stewardship area through a plan amendment.
2357 j. Transferable rural land use credits may be assigned at
2358 different ratios of credits per acre according to the natural
2359 resource or other beneficial use characteristics of the land and
2360 according to the land use remaining following the transfer of
2361 credits, with the highest number of credits per acre assigned to
2362 the most environmentally valuable land or, in locations where
2363 the retention of open space and agricultural land is a priority,
2364 to such lands.
2365 k. The use or conveyance of transferable rural land use
2366 credits must be recorded in the public records of the county in
2367 which the property is located as a covenant or restrictive
2368 easement running with the land in favor of the county and either
2369 the Department of Environmental Protection, Department of
2370 Agriculture and Consumer Services, a water management district,
2371 or a recognized statewide land trust.
2372 7. Owners of land within rural land stewardship areas
2373 should be provided incentives to enter into rural land
2374 stewardship agreements, pursuant to existing law and rules
2375 adopted thereto, with state agencies, water management
2376 districts, and local governments to achieve mutually agreed upon
2377 conservation objectives. Such incentives may include, but not be
2378 limited to, the following:
2379 a. Opportunity to accumulate transferable mitigation
2380 credits.
2381 b. Extended permit agreements.
2382 c. Opportunities for recreational leases and ecotourism.
2383 d. Payment for specified land management services on
2384 publicly owned land, or property under covenant or restricted
2385 easement in favor of a public entity.
2386 e. Option agreements for sale to public entities or private
2387 land conservation entities, in either fee or easement, upon
2388 achievement of conservation objectives.
2389 8. The department shall report to the Legislature on an
2390 annual basis on the results of implementation of rural land
2391 stewardship areas authorized by the department, including
2392 successes and failures in achieving the intent of the
2393 Legislature as expressed in this paragraph.
2394 (e) The Legislature finds that mixed-use, high-density
2395 development is appropriate for urban infill and redevelopment
2396 areas. Mixed-use projects accommodate a variety of uses,
2397 including residential and commercial, and usually at higher
2398 densities that promote pedestrian-friendly, sustainable
2399 communities. The Legislature recognizes that mixed-use, high
2400 density development improves the quality of life for residents
2401 and businesses in urban areas. The Legislature finds that mixed
2402 use, high-density redevelopment and infill benefits residents by
2403 creating a livable community with alternative modes of
2404 transportation. Furthermore, the Legislature finds that local
2405 zoning ordinances often discourage mixed-use, high-density
2406 development in areas that are appropriate for urban infill and
2407 redevelopment. The Legislature intends to discourage single-use
2408 zoning in urban areas which often leads to lower-density, land
2409 intensive development outside an urban service area. Therefore,
2410 the Department of Community Affairs shall provide technical
2411 assistance to local governments in order to encourage mixed-use,
2412 high-density urban infill and redevelopment projects.
2413 (f) The Legislature finds that a program for the transfer
2414 of development rights is a useful tool to preserve historic
2415 buildings and create public open spaces in urban areas. A
2416 program for the transfer of development rights allows the
2417 transfer of density credits from historic properties and public
2418 open spaces to areas designated for high-density development.
2419 The Legislature recognizes that high-density development is
2420 integral to the success of many urban infill and redevelopment
2421 projects. The Legislature intends to encourage high-density
2422 urban infill and redevelopment while preserving historic
2423 structures and open spaces. Therefore, the Department of
2424 Community Affairs shall provide technical assistance to local
2425 governments in order to promote the transfer of development
2426 rights within urban areas for high-density infill and
2427 redevelopment projects.
2428 (g) The implementation of this subsection shall be subject
2429 to the provisions of this chapter, chapters 186 and 187, and
2430 applicable agency rules.
2431 (h) The department may adopt rules necessary to implement
2432 the provisions of this subsection.
2433 (12) A public school facilities element adopted to
2434 implement a school concurrency program shall meet the
2435 requirements of this subsection. Each county and each
2436 municipality within the county, unless exempt or subject to a
2437 waiver, must adopt a public school facilities element that is
2438 consistent with those adopted by the other local governments
2439 within the county and enter the interlocal agreement pursuant to
2440 s. 163.31777.
2441 (a) The state land planning agency may provide a waiver to
2442 a county and to the municipalities within the county if the
2443 capacity rate for all schools within the school district is no
2444 greater than 100 percent and the projected 5-year capital outlay
2445 full-time equivalent student growth rate is less than 10
2446 percent. The state land planning agency may allow for a
2447 projected 5-year capital outlay full-time equivalent student
2448 growth rate to exceed 10 percent when the projected 10-year
2449 capital outlay full-time equivalent student enrollment is less
2450 than 2,000 students and the capacity rate for all schools within
2451 the school district in the tenth year will not exceed the 100
2452 percent limitation. The state land planning agency may allow for
2453 a single school to exceed the 100-percent limitation if it can
2454 be demonstrated that the capacity rate for that single school is
2455 not greater than 105 percent. In making this determination, the
2456 state land planning agency shall consider the following
2457 criteria:
2458 1. Whether the exceedance is due to temporary
2459 circumstances;
2460 2. Whether the projected 5-year capital outlay full time
2461 equivalent student growth rate for the school district is
2462 approaching the 10-percent threshold;
2463 3. Whether one or more additional schools within the school
2464 district are at or approaching the 100-percent threshold; and
2465 4. The adequacy of the data and analysis submitted to
2466 support the waiver request.
2467 (b) A municipality in a nonexempt county is exempt if the
2468 municipality meets all of the following criteria for having no
2469 significant impact on school attendance:
2470 1. The municipality has issued development orders for fewer
2471 than 50 residential dwelling units during the preceding 5 years,
2472 or the municipality has generated fewer than 25 additional
2473 public school students during the preceding 5 years.
2474 2. The municipality has not annexed new land during the
2475 preceding 5 years in land use categories that permit residential
2476 uses that will affect school attendance rates.
2477 3. The municipality has no public schools located within
2478 its boundaries.
2479 (c) A public school facilities element shall be based upon
2480 data and analyses that address, among other items, how level-of
2481 service standards will be achieved and maintained. Such data and
2482 analyses must include, at a minimum, such items as: the
2483 interlocal agreement adopted pursuant to s. 163.31777 and the 5
2484 year school district facilities work program adopted pursuant to
2485 s. 1013.35; the educational plant survey prepared pursuant to s.
2486 1013.31 and an existing educational and ancillary plant map or
2487 map series; information on existing development and development
2488 anticipated for the next 5 years and the long-term planning
2489 period; an analysis of problems and opportunities for existing
2490 schools and schools anticipated in the future; an analysis of
2491 opportunities to collocate future schools with other public
2492 facilities such as parks, libraries, and community centers; an
2493 analysis of the need for supporting public facilities for
2494 existing and future schools; an analysis of opportunities to
2495 locate schools to serve as community focal points; projected
2496 future population and associated demographics, including
2497 development patterns year by year for the upcoming 5-year and
2498 long-term planning periods; and anticipated educational and
2499 ancillary plants with land area requirements.
2500 (d) The element shall contain one or more goals which
2501 establish the long-term end toward which public school programs
2502 and activities are ultimately directed.
2503 (e) The element shall contain one or more objectives for
2504 each goal, setting specific, measurable, intermediate ends that
2505 are achievable and mark progress toward the goal.
2506 (f) The element shall contain one or more policies for each
2507 objective which establish the way in which programs and
2508 activities will be conducted to achieve an identified goal.
2509 (g) The objectives and policies shall address items such
2510 as:
2511 1. The procedure for an annual update process;
2512 2. The procedure for school site selection;
2513 3. The procedure for school permitting;
2514 4. Provision for infrastructure necessary to support
2515 proposed schools, including potable water, wastewater, drainage,
2516 solid waste, transportation, and means by which to assure safe
2517 access to schools, including sidewalks, bicycle paths, turn
2518 lanes, and signalization;
2519 5. Provision for colocation of other public facilities,
2520 such as parks, libraries, and community centers, in proximity to
2521 public schools;
2522 6. Provision for location of schools proximate to
2523 residential areas and to complement patterns of development,
2524 including the location of future school sites so they serve as
2525 community focal points;
2526 7. Measures to ensure compatibility of school sites and
2527 surrounding land uses;
2528 8. Coordination with adjacent local governments and the
2529 school district on emergency preparedness issues, including the
2530 use of public schools to serve as emergency shelters; and
2531 9. Coordination with the future land use element.
2532 (h) The element shall include one or more future conditions
2533 maps which depict the anticipated location of educational and
2534 ancillary plants, including the general location of improvements
2535 to existing schools or new schools anticipated over the 5-year
2536 or long-term planning period. The maps will of necessity be
2537 general for the long-term planning period and more specific for
2538 the 5-year period. Maps indicating general locations of future
2539 schools or school improvements may not prescribe a land use on a
2540 particular parcel of land.
2541 (i) The state land planning agency shall establish a phased
2542 schedule for adoption of the public school facilities element
2543 and the required updates to the public schools interlocal
2544 agreement pursuant to s. 163.31777. The schedule shall provide
2545 for each county and local government within the county to adopt
2546 the element and update to the agreement no later than December
2547 1, 2008. Plan amendments to adopt a public school facilities
2548 element are exempt from the provisions of s. 163.3187(1).
2549 (j) The state land planning agency may issue a notice to
2550 the school board and the local government to show cause why
2551 sanctions should not be enforced for failure to enter into an
2552 approved interlocal agreement as required by s. 163.31777 or for
2553 failure to implement provisions relating to public school
2554 concurrency. If the state land planning agency finds that
2555 insufficient cause exists for the school board’s or local
2556 government’s failure to enter into an approved interlocal
2557 agreement as required by s. 163.31777 or for the school board’s
2558 or local government’s failure to implement the provisions
2559 relating to public school concurrency, the state land planning
2560 agency shall submit its finding to the Administration Commission
2561 which may impose on the local government any of the sanctions
2562 set forth in s. 163.3184(11)(a) and (b) and may impose on the
2563 district school board any of the sanctions set forth in s.
2564 1008.32(4).
2565 (13) Local governments are encouraged to develop a
2566 community vision that provides for sustainable growth,
2567 recognizes its fiscal constraints, and protects its natural
2568 resources. At the request of a local government, the applicable
2569 regional planning council shall provide assistance in the
2570 development of a community vision.
2571 (a) As part of the process of developing a community vision
2572 under this section, the local government must hold two public
2573 meetings with at least one of those meetings before the local
2574 planning agency. Before those public meetings, the local
2575 government must hold at least one public workshop with
2576 stakeholder groups such as neighborhood associations, community
2577 organizations, businesses, private property owners, housing and
2578 development interests, and environmental organizations.
2579 (b) The local government must, at a minimum, discuss five
2580 of the following topics as part of the workshops and public
2581 meetings required under paragraph (a):
2582 1. Future growth in the area using population forecasts
2583 from the Bureau of Economic and Business Research;
2584 2. Priorities for economic development;
2585 3. Preservation of open space, environmentally sensitive
2586 lands, and agricultural lands;
2587 4. Appropriate areas and standards for mixed-use
2588 development;
2589 5. Appropriate areas and standards for high-density
2590 commercial and residential development;
2591 6. Appropriate areas and standards for economic development
2592 opportunities and employment centers;
2593 7. Provisions for adequate workforce housing;
2594 8. An efficient, interconnected multimodal transportation
2595 system; and
2596 9. Opportunities to create land use patterns that
2597 accommodate the issues listed in subparagraphs 1.-8.
2598 (c) As part of the workshops and public meetings, the local
2599 government must discuss strategies for addressing the topics
2600 discussed under paragraph (b), including:
2601 1. Strategies to preserve open space and environmentally
2602 sensitive lands, and to encourage a healthy agricultural
2603 economy, including innovative planning and development
2604 strategies, such as the transfer of development rights;
2605 2. Incentives for mixed-use development, including
2606 increased height and intensity standards for buildings that
2607 provide residential use in combination with office or commercial
2608 space;
2609 3. Incentives for workforce housing;
2610 4. Designation of an urban service boundary pursuant to
2611 subsection (2); and
2612 5. Strategies to provide mobility within the community and
2613 to protect the Strategic Intermodal System, including the
2614 development of a transportation corridor management plan under
2615 s. 337.273.
2616 (d) The community vision must reflect the community’s
2617 shared concept for growth and development of the community,
2618 including visual representations depicting the desired land use
2619 patterns and character of the community during a 10-year
2620 planning timeframe. The community vision must also take into
2621 consideration economic viability of the vision and private
2622 property interests.
2623 (e) After the workshops and public meetings required under
2624 paragraph (a) are held, the local government may amend its
2625 comprehensive plan to include the community vision as a
2626 component in the plan. This plan amendment must be transmitted
2627 and adopted pursuant to the procedures in ss. 163.3184 and
2628 163.3189 at public hearings of the governing body other than
2629 those identified in paragraph (a).
2630 (f) Amendments submitted under this subsection are exempt
2631 from the limitation on the frequency of plan amendments in s.
2632 163.3187.
2633 (g) A local government that has developed a community
2634 vision or completed a visioning process after July 1, 2000, and
2635 before July 1, 2005, which substantially accomplishes the goals
2636 set forth in this subsection and the appropriate goals,
2637 policies, or objectives have been adopted as part of the
2638 comprehensive plan or reflected in subsequently adopted land
2639 development regulations and the plan amendment incorporating the
2640 community vision as a component has been found in compliance is
2641 eligible for the incentives in s. 163.3184(17).
2642 (14) Local governments are also encouraged to designate an
2643 urban service boundary. This area must be appropriate for
2644 compact, contiguous urban development within a 10-year planning
2645 timeframe. The urban service area boundary must be identified on
2646 the future land use map or map series. The local government
2647 shall demonstrate that the land included within the urban
2648 service boundary is served or is planned to be served with
2649 adequate public facilities and services based on the local
2650 government’s adopted level-of-service standards by adopting a
2651 10-year facilities plan in the capital improvements element
2652 which is financially feasible. The local government shall
2653 demonstrate that the amount of land within the urban service
2654 boundary does not exceed the amount of land needed to
2655 accommodate the projected population growth at densities
2656 consistent with the adopted comprehensive plan within the 10
2657 year planning timeframe.
2658 (a) As part of the process of establishing an urban service
2659 boundary, the local government must hold two public meetings
2660 with at least one of those meetings before the local planning
2661 agency. Before those public meetings, the local government must
2662 hold at least one public workshop with stakeholder groups such
2663 as neighborhood associations, community organizations,
2664 businesses, private property owners, housing and development
2665 interests, and environmental organizations.
2666 (b)1. After the workshops and public meetings required
2667 under paragraph (a) are held, the local government may amend its
2668 comprehensive plan to include the urban service boundary. This
2669 plan amendment must be transmitted and adopted pursuant to the
2670 procedures in ss. 163.3184 and 163.3189 at meetings of the
2671 governing body other than those required under paragraph (a).
2672 2. This subsection does not prohibit new development
2673 outside an urban service boundary. However, a local government
2674 that establishes an urban service boundary under this subsection
2675 is encouraged to require a full-cost-accounting analysis for any
2676 new development outside the boundary and to consider the results
2677 of that analysis when adopting a plan amendment for property
2678 outside the established urban service boundary.
2679 (c) Amendments submitted under this subsection are exempt
2680 from the limitation on the frequency of plan amendments in s.
2681 163.3187.
2682 (d) A local government that has adopted an urban service
2683 boundary before July 1, 2005, which substantially accomplishes
2684 the goals set forth in this subsection is not required to comply
2685 with paragraph (a) or subparagraph 1. of paragraph (b) in order
2686 to be eligible for the incentives under s. 163.3184(17). In
2687 order to satisfy the provisions of this paragraph, the local
2688 government must secure a determination from the state land
2689 planning agency that the urban service boundary adopted before
2690 July 1, 2005, substantially complies with the criteria of this
2691 subsection, based on data and analysis submitted by the local
2692 government to support this determination. The determination by
2693 the state land planning agency is not subject to administrative
2694 challenge.
2695 (7)(15)(a) The Legislature finds that:
2696 1. There are a number of rural agricultural industrial
2697 centers in the state that process, produce, or aid in the
2698 production or distribution of a variety of agriculturally based
2699 products, including, but not limited to, fruits, vegetables,
2700 timber, and other crops, and juices, paper, and building
2701 materials. Rural agricultural industrial centers have a
2702 significant amount of existing associated infrastructure that is
2703 used for processing, producing, or distributing agricultural
2704 products.
2705 2. Such rural agricultural industrial centers are often
2706 located within or near communities in which the economy is
2707 largely dependent upon agriculture and agriculturally based
2708 products. The centers significantly enhance the economy of such
2709 communities. However, these agriculturally based communities are
2710 often socioeconomically challenged and designated as rural areas
2711 of critical economic concern. If such rural agricultural
2712 industrial centers are lost and not replaced with other job
2713 creating enterprises, the agriculturally based communities will
2714 lose a substantial amount of their economies.
2715 3. The state has a compelling interest in preserving the
2716 viability of agriculture and protecting rural agricultural
2717 communities and the state from the economic upheaval that would
2718 result from short-term or long-term adverse changes in the
2719 agricultural economy. To protect these communities and promote
2720 viable agriculture for the long term, it is essential to
2721 encourage and permit diversification of existing rural
2722 agricultural industrial centers by providing for jobs that are
2723 not solely dependent upon, but are compatible with and
2724 complement, existing agricultural industrial operations and to
2725 encourage the creation and expansion of industries that use
2726 agricultural products in innovative ways. However, the expansion
2727 and diversification of these existing centers must be
2728 accomplished in a manner that does not promote urban sprawl into
2729 surrounding agricultural and rural areas.
2730 (b) As used in this subsection, the term “rural
2731 agricultural industrial center” means a developed parcel of land
2732 in an unincorporated area on which there exists an operating
2733 agricultural industrial facility or facilities that employ at
2734 least 200 full-time employees in the aggregate and process and
2735 prepare for transport a farm product, as defined in s. 163.3162,
2736 or any biomass material that could be used, directly or
2737 indirectly, for the production of fuel, renewable energy,
2738 bioenergy, or alternative fuel as defined by law. The center may
2739 also include land contiguous to the facility site which is not
2740 used for the cultivation of crops, but on which other existing
2741 activities essential to the operation of such facility or
2742 facilities are located or conducted. The parcel of land must be
2743 located within, or within 10 miles of, a rural area of critical
2744 economic concern.
2745 (c)1. A landowner whose land is located within a rural
2746 agricultural industrial center may apply for an amendment to the
2747 local government comprehensive plan for the purpose of
2748 designating and expanding the existing agricultural industrial
2749 uses of facilities located within the center or expanding the
2750 existing center to include industrial uses or facilities that
2751 are not dependent upon but are compatible with agriculture and
2752 the existing uses and facilities. A local government
2753 comprehensive plan amendment under this paragraph must:
2754 a. Not increase the physical area of the existing rural
2755 agricultural industrial center by more than 50 percent or 320
2756 acres, whichever is greater.
2757 b. Propose a project that would, upon completion, create at
2758 least 50 new full-time jobs.
2759 c. Demonstrate that sufficient infrastructure capacity
2760 exists or will be provided to support the expanded center at the
2761 level-of-service standards adopted in the local government
2762 comprehensive plan.
2763 d. Contain goals, objectives, and policies that will ensure
2764 that any adverse environmental impacts of the expanded center
2765 will be adequately addressed and mitigation implemented or
2766 demonstrate that the local government comprehensive plan
2767 contains such provisions.
2768 2. Within 6 months after receiving an application as
2769 provided in this paragraph, the local government shall transmit
2770 the application to the state land planning agency for review
2771 pursuant to this chapter together with any needed amendments to
2772 the applicable sections of its comprehensive plan to include
2773 goals, objectives, and policies that provide for the expansion
2774 of rural agricultural industrial centers and discourage urban
2775 sprawl in the surrounding areas. Such goals, objectives, and
2776 policies must promote and be consistent with the findings in
2777 this subsection. An amendment that meets the requirements of
2778 this subsection is presumed not to be urban sprawl as defined in
2779 s. 163.3164 consistent with rule 9J-5.006(5), Florida
2780 Administrative Code. This presumption may be rebutted by a
2781 preponderance of the evidence.
2782 (d) This subsection does not apply to a an optional sector
2783 plan adopted pursuant to s. 163.3245, a rural land stewardship
2784 area designated pursuant to s. 163.3248 subsection (11), or any
2785 comprehensive plan amendment that includes an inland port
2786 terminal or affiliated port development.
2787 (e) Nothing in this subsection shall be construed to confer
2788 the status of rural area of critical economic concern, or any of
2789 the rights or benefits derived from such status, on any land
2790 area not otherwise designated as such pursuant to s.
2791 288.0656(7).
2792 Section 9. Section 163.31777, Florida Statutes, is amended
2793 to read:
2794 163.31777 Public schools interlocal agreement.—
2795 (1)(a) The county and municipalities located within the
2796 geographic area of a school district shall enter into an
2797 interlocal agreement with the district school board which
2798 jointly establishes the specific ways in which the plans and
2799 processes of the district school board and the local governments
2800 are to be coordinated. The interlocal agreements shall be
2801 submitted to the state land planning agency and the Office of
2802 Educational Facilities in accordance with a schedule published
2803 by the state land planning agency.
2804 (b) The schedule must establish staggered due dates for
2805 submission of interlocal agreements that are executed by both
2806 the local government and the district school board, commencing
2807 on March 1, 2003, and concluding by December 1, 2004, and must
2808 set the same date for all governmental entities within a school
2809 district. However, if the county where the school district is
2810 located contains more than 20 municipalities, the state land
2811 planning agency may establish staggered due dates for the
2812 submission of interlocal agreements by these municipalities. The
2813 schedule must begin with those areas where both the number of
2814 districtwide capital-outlay full-time-equivalent students equals
2815 80 percent or more of the current year’s school capacity and the
2816 projected 5-year student growth is 1,000 or greater, or where
2817 the projected 5-year student growth rate is 10 percent or
2818 greater.
2819 (c) If the student population has declined over the 5-year
2820 period preceding the due date for submittal of an interlocal
2821 agreement by the local government and the district school board,
2822 the local government and the district school board may petition
2823 the state land planning agency for a waiver of one or more
2824 requirements of subsection (2). The waiver must be granted if
2825 the procedures called for in subsection (2) are unnecessary
2826 because of the school district’s declining school age
2827 population, considering the district’s 5-year facilities work
2828 program prepared pursuant to s. 1013.35. The state land planning
2829 agency may modify or revoke the waiver upon a finding that the
2830 conditions upon which the waiver was granted no longer exist.
2831 The district school board and local governments must submit an
2832 interlocal agreement within 1 year after notification by the
2833 state land planning agency that the conditions for a waiver no
2834 longer exist.
2835 (d) Interlocal agreements between local governments and
2836 district school boards adopted pursuant to s. 163.3177 before
2837 the effective date of this section must be updated and executed
2838 pursuant to the requirements of this section, if necessary.
2839 Amendments to interlocal agreements adopted pursuant to this
2840 section must be submitted to the state land planning agency
2841 within 30 days after execution by the parties for review
2842 consistent with this section. Local governments and the district
2843 school board in each school district are encouraged to adopt a
2844 single interlocal agreement to which all join as parties. The
2845 state land planning agency shall assemble and make available
2846 model interlocal agreements meeting the requirements of this
2847 section and notify local governments and, jointly with the
2848 Department of Education, the district school boards of the
2849 requirements of this section, the dates for compliance, and the
2850 sanctions for noncompliance. The state land planning agency
2851 shall be available to informally review proposed interlocal
2852 agreements. If the state land planning agency has not received a
2853 proposed interlocal agreement for informal review, the state
2854 land planning agency shall, at least 60 days before the deadline
2855 for submission of the executed agreement, renotify the local
2856 government and the district school board of the upcoming
2857 deadline and the potential for sanctions.
2858 (2) At a minimum, the interlocal agreement must address
2859 interlocal-agreement requirements in s. 163.3180(13)(g), except
2860 for exempt local governments as provided in s. 163.3177(12), and
2861 must address the following issues:
2862 (a) A process by which each local government and the
2863 district school board agree and base their plans on consistent
2864 projections of the amount, type, and distribution of population
2865 growth and student enrollment. The geographic distribution of
2866 jurisdiction-wide growth forecasts is a major objective of the
2867 process.
2868 (b) A process to coordinate and share information relating
2869 to existing and planned public school facilities, including
2870 school renovations and closures, and local government plans for
2871 development and redevelopment.
2872 (c) Participation by affected local governments with the
2873 district school board in the process of evaluating potential
2874 school closures, significant renovations to existing schools,
2875 and new school site selection before land acquisition. Local
2876 governments shall advise the district school board as to the
2877 consistency of the proposed closure, renovation, or new site
2878 with the local comprehensive plan, including appropriate
2879 circumstances and criteria under which a district school board
2880 may request an amendment to the comprehensive plan for school
2881 siting.
2882 (d) A process for determining the need for and timing of
2883 onsite and offsite improvements to support new, proposed
2884 expansion, or redevelopment of existing schools. The process
2885 must address identification of the party or parties responsible
2886 for the improvements.
2887 (e) A process for the school board to inform the local
2888 government regarding the effect of comprehensive plan amendments
2889 on school capacity. The capacity reporting must be consistent
2890 with laws and rules relating to measurement of school facility
2891 capacity and must also identify how the district school board
2892 will meet the public school demand based on the facilities work
2893 program adopted pursuant to s. 1013.35.
2894 (f) Participation of the local governments in the
2895 preparation of the annual update to the district school board’s
2896 5-year district facilities work program and educational plant
2897 survey prepared pursuant to s. 1013.35.
2898 (g) A process for determining where and how joint use of
2899 either school board or local government facilities can be shared
2900 for mutual benefit and efficiency.
2901 (h) A procedure for the resolution of disputes between the
2902 district school board and local governments, which may include
2903 the dispute resolution processes contained in chapters 164 and
2904 186.
2905 (i) An oversight process, including an opportunity for
2906 public participation, for the implementation of the interlocal
2907 agreement.
2908 (3)(a) The Office of Educational Facilities shall submit
2909 any comments or concerns regarding the executed interlocal
2910 agreement to the state land planning agency within 30 days after
2911 receipt of the executed interlocal agreement. The state land
2912 planning agency shall review the executed interlocal agreement
2913 to determine whether it is consistent with the requirements of
2914 subsection (2), the adopted local government comprehensive plan,
2915 and other requirements of law. Within 60 days after receipt of
2916 an executed interlocal agreement, the state land planning agency
2917 shall publish a notice of intent in the Florida Administrative
2918 Weekly and shall post a copy of the notice on the agency’s
2919 Internet site. The notice of intent must state whether the
2920 interlocal agreement is consistent or inconsistent with the
2921 requirements of subsection (2) and this subsection, as
2922 appropriate.
2923 (b) The state land planning agency’s notice is subject to
2924 challenge under chapter 120; however, an affected person, as
2925 defined in s. 163.3184(1)(a), has standing to initiate the
2926 administrative proceeding, and this proceeding is the sole means
2927 available to challenge the consistency of an interlocal
2928 agreement required by this section with the criteria contained
2929 in subsection (2) and this subsection. In order to have
2930 standing, each person must have submitted oral or written
2931 comments, recommendations, or objections to the local government
2932 or the school board before the adoption of the interlocal
2933 agreement by the school board and local government. The district
2934 school board and local governments are parties to any such
2935 proceeding. In this proceeding, when the state land planning
2936 agency finds the interlocal agreement to be consistent with the
2937 criteria in subsection (2) and this subsection, the interlocal
2938 agreement shall be determined to be consistent with subsection
2939 (2) and this subsection if the local government’s and school
2940 board’s determination of consistency is fairly debatable. When
2941 the state planning agency finds the interlocal agreement to be
2942 inconsistent with the requirements of subsection (2) and this
2943 subsection, the local government’s and school board’s
2944 determination of consistency shall be sustained unless it is
2945 shown by a preponderance of the evidence that the interlocal
2946 agreement is inconsistent.
2947 (c) If the state land planning agency enters a final order
2948 that finds that the interlocal agreement is inconsistent with
2949 the requirements of subsection (2) or this subsection, it shall
2950 forward it to the Administration Commission, which may impose
2951 sanctions against the local government pursuant to s.
2952 163.3184(11) and may impose sanctions against the district
2953 school board by directing the Department of Education to
2954 withhold from the district school board an equivalent amount of
2955 funds for school construction available pursuant to ss. 1013.65,
2956 1013.68, 1013.70, and 1013.72.
2957 (4) If an executed interlocal agreement is not timely
2958 submitted to the state land planning agency for review, the
2959 state land planning agency shall, within 15 working days after
2960 the deadline for submittal, issue to the local government and
2961 the district school board a Notice to Show Cause why sanctions
2962 should not be imposed for failure to submit an executed
2963 interlocal agreement by the deadline established by the agency.
2964 The agency shall forward the notice and the responses to the
2965 Administration Commission, which may enter a final order citing
2966 the failure to comply and imposing sanctions against the local
2967 government and district school board by directing the
2968 appropriate agencies to withhold at least 5 percent of state
2969 funds pursuant to s. 163.3184(11) and by directing the
2970 Department of Education to withhold from the district school
2971 board at least 5 percent of funds for school construction
2972 available pursuant to ss. 1013.65, 1013.68, 1013.70, and
2973 1013.72.
2974 (5) Any local government transmitting a public school
2975 element to implement school concurrency pursuant to the
2976 requirements of s. 163.3180 before the effective date of this
2977 section is not required to amend the element or any interlocal
2978 agreement to conform with the provisions of this section if the
2979 element is adopted prior to or within 1 year after the effective
2980 date of this section and remains in effect until the county
2981 conducts its evaluation and appraisal report and identifies
2982 changes necessary to more fully conform to the provisions of
2983 this section.
2984 (6) Except as provided in subsection (7), municipalities
2985 meeting the exemption criteria in s. 163.3177(12) are exempt
2986 from the requirements of subsections (1), (2), and (3).
2987 (7) At the time of the evaluation and appraisal report,
2988 each exempt municipality shall assess the extent to which it
2989 continues to meet the criteria for exemption under s.
2990 163.3177(12). If the municipality continues to meet these
2991 criteria, the municipality shall continue to be exempt from the
2992 interlocal-agreement requirement. Each municipality exempt under
2993 s. 163.3177(12) must comply with the provisions of this section
2994 within 1 year after the district school board proposes, in its
2995 5-year district facilities work program, a new school within the
2996 municipality’s jurisdiction.
2997 Section 10. Subsection (9) of section 163.3178, Florida
2998 Statutes, is amended to read:
2999 163.3178 Coastal management.—
3000 (9)(a) Local governments may elect to comply with rule 9J
3001 5.012(3)(b)6. and 7., Florida Administrative Code, through the
3002 process provided in this section. A proposed comprehensive plan
3003 amendment shall be found in compliance with state coastal high
3004 hazard provisions pursuant to rule 9J-5.012(3)(b)6. and 7.,
3005 Florida Administrative Code, if:
3006 1. The adopted level of service for out-of-county hurricane
3007 evacuation is maintained for a category 5 storm event as
3008 measured on the Saffir-Simpson scale; or
3009 2. A 12-hour evacuation time to shelter is maintained for a
3010 category 5 storm event as measured on the Saffir-Simpson scale
3011 and shelter space reasonably expected to accommodate the
3012 residents of the development contemplated by a proposed
3013 comprehensive plan amendment is available; or
3014 3. Appropriate mitigation is provided that will satisfy the
3015 provisions of subparagraph 1. or subparagraph 2. Appropriate
3016 mitigation shall include, without limitation, payment of money,
3017 contribution of land, and construction of hurricane shelters and
3018 transportation facilities. Required mitigation shall not exceed
3019 the amount required for a developer to accommodate impacts
3020 reasonably attributable to development. A local government and a
3021 developer shall enter into a binding agreement to memorialize
3022 the mitigation plan.
3023 (b) For those local governments that have not established a
3024 level of service for out-of-county hurricane evacuation by July
3025 1, 2008, but elect to comply with rule 9J-5.012(3)(b)6. and 7.,
3026 Florida Administrative Code, by following the process in
3027 paragraph (a), the level of service shall be no greater than 16
3028 hours for a category 5 storm event as measured on the Saffir
3029 Simpson scale.
3030 (c) This subsection shall become effective immediately and
3031 shall apply to all local governments. No later than July 1,
3032 2008, local governments shall amend their future land use map
3033 and coastal management element to include the new definition of
3034 coastal high-hazard area and to depict the coastal high-hazard
3035 area on the future land use map.
3036 Section 11. Section 163.3180, Florida Statutes, is amended
3037 to read:
3038 163.3180 Concurrency.—
3039 (1)(a) Sanitary sewer, solid waste, drainage, and potable
3040 water, parks and recreation, schools, and transportation
3041 facilities, including mass transit, where applicable, are the
3042 only public facilities and services subject to the concurrency
3043 requirement on a statewide basis. Additional public facilities
3044 and services may not be made subject to concurrency on a
3045 statewide basis without appropriate study and approval by the
3046 Legislature; however, any local government may extend the
3047 concurrency requirement so that it applies to additional public
3048 facilities within its jurisdiction. If concurrency is applied to
3049 other public facilities, the local government comprehensive plan
3050 must provide the principles, guidelines, standards, and
3051 strategies, including adopted levels of service, to guide its
3052 application. In order for a local government to rescind any
3053 optional concurrency provisions, a comprehensive plan amendment
3054 is required. An amendment rescinding optional concurrency issues
3055 is not subject to state review. The local government
3056 comprehensive plan must demonstrate, for required or optional
3057 concurrency requirements, that the levels of service adopted can
3058 be reasonably met. Infrastructure needed to ensure that adopted
3059 level-of-service standards are achieved and maintained for the
3060 5-year period of the capital improvement schedule must be
3061 identified pursuant to the requirements of s. 163.3177(3).
3062 (b) Local governments shall use professionally accepted
3063 techniques for measuring level of service for automobiles,
3064 bicycles, pedestrians, transit, and trucks. These techniques may
3065 be used to evaluate increased accessibility by multiple modes
3066 and reductions in vehicle miles of travel in an area or zone.
3067 The Department of Transportation shall develop methodologies to
3068 assist local governments in implementing this multimodal level
3069 of-service analysis. The Department of Community Affairs and the
3070 Department of Transportation shall provide technical assistance
3071 to local governments in applying these methodologies.
3072 (2)(a) Consistent with public health and safety, sanitary
3073 sewer, solid waste, drainage, adequate water supplies, and
3074 potable water facilities shall be in place and available to
3075 serve new development no later than the issuance by the local
3076 government of a certificate of occupancy or its functional
3077 equivalent. Prior to approval of a building permit or its
3078 functional equivalent, the local government shall consult with
3079 the applicable water supplier to determine whether adequate
3080 water supplies to serve the new development will be available no
3081 later than the anticipated date of issuance by the local
3082 government of a certificate of occupancy or its functional
3083 equivalent. A local government may meet the concurrency
3084 requirement for sanitary sewer through the use of onsite sewage
3085 treatment and disposal systems approved by the Department of
3086 Health to serve new development.
3087 (b) Consistent with the public welfare, and except as
3088 otherwise provided in this section, parks and recreation
3089 facilities to serve new development shall be in place or under
3090 actual construction no later than 1 year after issuance by the
3091 local government of a certificate of occupancy or its functional
3092 equivalent. However, the acreage for such facilities shall be
3093 dedicated or be acquired by the local government prior to
3094 issuance by the local government of a certificate of occupancy
3095 or its functional equivalent, or funds in the amount of the
3096 developer’s fair share shall be committed no later than the
3097 local government’s approval to commence construction.
3098 (c) Consistent with the public welfare, and except as
3099 otherwise provided in this section, transportation facilities
3100 needed to serve new development shall be in place or under
3101 actual construction within 3 years after the local government
3102 approves a building permit or its functional equivalent that
3103 results in traffic generation.
3104 (3) Governmental entities that are not responsible for
3105 providing, financing, operating, or regulating public facilities
3106 needed to serve development may not establish binding level-of
3107 service standards on governmental entities that do bear those
3108 responsibilities. This subsection does not limit the authority
3109 of any agency to recommend or make objections, recommendations,
3110 comments, or determinations during reviews conducted under s.
3111 163.3184.
3112 (4)(a) The concurrency requirement as implemented in local
3113 comprehensive plans applies to state and other public facilities
3114 and development to the same extent that it applies to all other
3115 facilities and development, as provided by law.
3116 (b) The concurrency requirement as implemented in local
3117 comprehensive plans does not apply to public transit facilities.
3118 For the purposes of this paragraph, public transit facilities
3119 include transit stations and terminals; transit station parking;
3120 park-and-ride lots; intermodal public transit connection or
3121 transfer facilities; fixed bus, guideway, and rail stations; and
3122 airport passenger terminals and concourses, air cargo
3123 facilities, and hangars for the assembly, manufacture,
3124 maintenance, or storage of aircraft. As used in this paragraph,
3125 the terms “terminals” and “transit facilities” do not include
3126 seaports or commercial or residential development constructed in
3127 conjunction with a public transit facility.
3128 (c) The concurrency requirement, except as it relates to
3129 transportation facilities and public schools, as implemented in
3130 local government comprehensive plans, may be waived by a local
3131 government for urban infill and redevelopment areas designated
3132 pursuant to s. 163.2517 if such a waiver does not endanger
3133 public health or safety as defined by the local government in
3134 its local government comprehensive plan. The waiver shall be
3135 adopted as a plan amendment pursuant to the process set forth in
3136 s. 163.3187(3)(a). A local government may grant a concurrency
3137 exception pursuant to subsection (5) for transportation
3138 facilities located within these urban infill and redevelopment
3139 areas.
3140 (5)(a) If concurrency is applied to transportation
3141 facilities, the local government comprehensive plan must provide
3142 the principles, guidelines, standards, and strategies, including
3143 adopted levels of service to guide its application.
3144 (b) Local governments shall use professionally accepted
3145 studies to determine appropriate levels of service, which shall
3146 be based on a schedule of facilities that will be necessary to
3147 meet level of service demands reflected in the capital
3148 improvement element.
3149 (c) Local governments shall use professionally accepted
3150 techniques for measuring levels of service when evaluating
3151 potential impacts of a proposed development.
3152 (d) The premise of concurrency is that the public
3153 facilities will be provided in order to achieve and maintain the
3154 adopted level of service standard. A comprehensive plan that
3155 imposes transportation concurrency shall contain appropriate
3156 amendments to the capital improvements element of the
3157 comprehensive plan, consistent with the requirements of s.
3158 163.3177(3). The capital improvements element shall identify
3159 facilities necessary to meet adopted levels of service during a
3160 5-year period.
3161 (e) If a local government applies transportation
3162 concurrency in its jurisdiction, it is encouraged to develop
3163 policy guidelines and techniques to address potential negative
3164 impacts on future development:
3165 1. In urban infill and redevelopment, and urban service
3166 areas.
3167 2. With special part-time demands on the transportation
3168 system.
3169 3. With de minimis impacts.
3170 4. On community desired types of development, such as
3171 redevelopment, or job creation projects.
3172 (f) Local governments are encouraged to develop tools and
3173 techniques to complement the application of transportation
3174 concurrency such as:
3175 1. Adoption of long-term strategies to facilitate
3176 development patterns that support multimodal solutions,
3177 including urban design, and appropriate land use mixes,
3178 including intensity and density.
3179 2. Adoption of an areawide level of service not dependent
3180 on any single road segment function.
3181 3. Exempting or discounting impacts of locally desired
3182 development, such as development in urban areas, redevelopment,
3183 job creation, and mixed use on the transportation system.
3184 4. Assigning secondary priority to vehicle mobility and
3185 primary priority to ensuring a safe, comfortable, and attractive
3186 pedestrian environment, with convenient interconnection to
3187 transit.
3188 5. Establishing multimodal level of service standards that
3189 rely primarily on nonvehicular modes of transportation where
3190 existing or planned community design will provide adequate level
3191 of mobility.
3192 6. Reducing impact fees or local access fees to promote
3193 development within urban areas, multimodal transportation
3194 districts, and a balance of mixed use development in certain
3195 areas or districts, or for affordable or workforce housing.
3196 (g) Local governments are encouraged to coordinate with
3197 adjacent local governments for the purpose of using common
3198 methodologies for measuring impacts on transportation
3199 facilities.
3200 (h) Local governments that implement transportation
3201 concurrency must:
3202 1. Consult with the Department of Transportation when
3203 proposed plan amendments affect facilities on the strategic
3204 intermodal system.
3205 2. Exempt public transit facilities from concurrency. For
3206 the purposes of this subparagraph, public transit facilities
3207 include transit stations and terminals; transit station parking;
3208 park-and-ride lots; intermodal public transit connection or
3209 transfer facilities; fixed bus, guideway, and rail stations; and
3210 airport passenger terminals and concourses, air cargo
3211 facilities, and hangars for the assembly, manufacture,
3212 maintenance, or storage of aircraft. As used in this
3213 subparagraph, the terms “terminals” and “transit facilities” do
3214 not include seaports or commercial or residential development
3215 constructed in conjunction with a public transit facility.
3216 3. Allow an applicant for a development of regional impact
3217 development order, a rezoning, or other land use development
3218 permit to satisfy the transportation concurrency requirements of
3219 the local comprehensive plan, the local government’s concurrency
3220 management system, and s. 380.06, when applicable, if:
3221 a. The applicant enters into a binding agreement to pay for
3222 or construct its proportionate share of required improvements.
3223 b. The proportionate share contribution or construction is
3224 sufficient to accomplish one or more mobility improvements that
3225 will benefit a regionally significant transportation facility.
3226 c. The local government has provided a means by which the
3227 landowner will be assessed a proportionate share of the cost of
3228 providing the transportation facilities necessary to serve the
3229 proposed development.
3230
3231 When an applicant contributes or constructs its
3232 proportionate share, pursuant to this subparagraph, a local
3233 government may not require payment or construction of
3234 transportation facilities whose costs would be greater than a
3235 development’s proportionate share of the improvements necessary
3236 to mitigate the development’s impacts. The proportionate share
3237 contribution shall be calculated based upon the number of trips
3238 from the proposed development expected to reach roadways during
3239 the peak hour from the stage or phase being approved, divided by
3240 the change in the peak hour maximum service volume of roadways
3241 resulting from construction of an improvement necessary to
3242 maintain or achieve the adopted level of service, multiplied by
3243 the construction cost, at the time of development payment, of
3244 the improvement necessary to maintain or achieve the adopted
3245 level of service. When the provisions of this paragraph have
3246 been satisfied for a particular stage or phase of development,
3247 all transportation impacts from that stage or phase shall be
3248 deemed fully mitigated in any cumulative transportation analysis
3249 for a subsequent stage or phase of development. In projecting
3250 the number of trips to be generated by the development under
3251 review, any trips assigned to a toll-financed facility shall be
3252 eliminated from the analysis. The applicant is not responsible
3253 for the cost of reducing or eliminating deficits that exist
3254 prior to the filing of the application and shall receive a
3255 credit on a dollar-for-dollar basis for transportation impact
3256 fees payable in the future for the project. This subparagraph
3257 does not require a local government to approve a development
3258 that is not otherwise qualified for approval pursuant to the
3259 applicable local comprehensive plan and land development
3260 regulations.
3261 (a) The Legislature finds that under limited circumstances,
3262 countervailing planning and public policy goals may come into
3263 conflict with the requirement that adequate public
3264 transportation facilities and services be available concurrent
3265 with the impacts of such development. The Legislature further
3266 finds that the unintended result of the concurrency requirement
3267 for transportation facilities is often the discouragement of
3268 urban infill development and redevelopment. Such unintended
3269 results directly conflict with the goals and policies of the
3270 state comprehensive plan and the intent of this part. The
3271 Legislature also finds that in urban centers transportation
3272 cannot be effectively managed and mobility cannot be improved
3273 solely through the expansion of roadway capacity, that the
3274 expansion of roadway capacity is not always physically or
3275 financially possible, and that a range of transportation
3276 alternatives is essential to satisfy mobility needs, reduce
3277 congestion, and achieve healthy, vibrant centers.
3278 (b)1. The following are transportation concurrency
3279 exception areas:
3280 a. A municipality that qualifies as a dense urban land area
3281 under s. 163.3164;
3282 b. An urban service area under s. 163.3164 that has been
3283 adopted into the local comprehensive plan and is located within
3284 a county that qualifies as a dense urban land area under s.
3285 163.3164; and
3286 c. A county, including the municipalities located therein,
3287 which has a population of at least 900,000 and qualifies as a
3288 dense urban land area under s. 163.3164, but does not have an
3289 urban service area designated in the local comprehensive plan.
3290 2. A municipality that does not qualify as a dense urban
3291 land area pursuant to s. 163.3164 may designate in its local
3292 comprehensive plan the following areas as transportation
3293 concurrency exception areas:
3294 a. Urban infill as defined in s. 163.3164;
3295 b. Community redevelopment areas as defined in s. 163.340;
3296 c. Downtown revitalization areas as defined in s. 163.3164;
3297 d. Urban infill and redevelopment under s. 163.2517; or
3298 e. Urban service areas as defined in s. 163.3164 or areas
3299 within a designated urban service boundary under s.
3300 163.3177(14).
3301 3. A county that does not qualify as a dense urban land
3302 area pursuant to s. 163.3164 may designate in its local
3303 comprehensive plan the following areas as transportation
3304 concurrency exception areas:
3305 a. Urban infill as defined in s. 163.3164;
3306 b. Urban infill and redevelopment under s. 163.2517; or
3307 c. Urban service areas as defined in s. 163.3164.
3308 4. A local government that has a transportation concurrency
3309 exception area designated pursuant to subparagraph 1.,
3310 subparagraph 2., or subparagraph 3. shall, within 2 years after
3311 the designated area becomes exempt, adopt into its local
3312 comprehensive plan land use and transportation strategies to
3313 support and fund mobility within the exception area, including
3314 alternative modes of transportation. Local governments are
3315 encouraged to adopt complementary land use and transportation
3316 strategies that reflect the region’s shared vision for its
3317 future. If the state land planning agency finds insufficient
3318 cause for the failure to adopt into its comprehensive plan land
3319 use and transportation strategies to support and fund mobility
3320 within the designated exception area after 2 years, it shall
3321 submit the finding to the Administration Commission, which may
3322 impose any of the sanctions set forth in s. 163.3184(11)(a) and
3323 (b) against the local government.
3324 5. Transportation concurrency exception areas designated
3325 pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
3326 do not apply to designated transportation concurrency districts
3327 located within a county that has a population of at least 1.5
3328 million, has implemented and uses a transportation-related
3329 concurrency assessment to support alternative modes of
3330 transportation, including, but not limited to, mass transit, and
3331 does not levy transportation impact fees within the concurrency
3332 district.
3333 6. Transportation concurrency exception areas designated
3334 under subparagraph 1., subparagraph 2., or subparagraph 3. do
3335 not apply in any county that has exempted more than 40 percent
3336 of the area inside the urban service area from transportation
3337 concurrency for the purpose of urban infill.
3338 7. A local government that does not have a transportation
3339 concurrency exception area designated pursuant to subparagraph
3340 1., subparagraph 2., or subparagraph 3. may grant an exception
3341 from the concurrency requirement for transportation facilities
3342 if the proposed development is otherwise consistent with the
3343 adopted local government comprehensive plan and is a project
3344 that promotes public transportation or is located within an area
3345 designated in the comprehensive plan for:
3346 a. Urban infill development;
3347 b. Urban redevelopment;
3348 c. Downtown revitalization;
3349 d. Urban infill and redevelopment under s. 163.2517; or
3350 e. An urban service area specifically designated as a
3351 transportation concurrency exception area which includes lands
3352 appropriate for compact, contiguous urban development, which
3353 does not exceed the amount of land needed to accommodate the
3354 projected population growth at densities consistent with the
3355 adopted comprehensive plan within the 10-year planning period,
3356 and which is served or is planned to be served with public
3357 facilities and services as provided by the capital improvements
3358 element.
3359 (c) The Legislature also finds that developments located
3360 within urban infill, urban redevelopment, urban service, or
3361 downtown revitalization areas or areas designated as urban
3362 infill and redevelopment areas under s. 163.2517, which pose
3363 only special part-time demands on the transportation system, are
3364 exempt from the concurrency requirement for transportation
3365 facilities. A special part-time demand is one that does not have
3366 more than 200 scheduled events during any calendar year and does
3367 not affect the 100 highest traffic volume hours.
3368 (d) Except for transportation concurrency exception areas
3369 designated pursuant to subparagraph (b)1., subparagraph (b)2.,
3370 or subparagraph (b)3., the following requirements apply:
3371 1. The local government shall both adopt into the
3372 comprehensive plan and implement long-term strategies to support
3373 and fund mobility within the designated exception area,
3374 including alternative modes of transportation. The plan
3375 amendment must also demonstrate how strategies will support the
3376 purpose of the exception and how mobility within the designated
3377 exception area will be provided.
3378 2. The strategies must address urban design; appropriate
3379 land use mixes, including intensity and density; and network
3380 connectivity plans needed to promote urban infill,
3381 redevelopment, or downtown revitalization. The comprehensive
3382 plan amendment designating the concurrency exception area must
3383 be accompanied by data and analysis supporting the local
3384 government’s determination of the boundaries of the
3385 transportation concurrency exception area.
3386 (e) Before designating a concurrency exception area
3387 pursuant to subparagraph (b)7., the state land planning agency
3388 and the Department of Transportation shall be consulted by the
3389 local government to assess the impact that the proposed
3390 exception area is expected to have on the adopted level-of
3391 service standards established for regional transportation
3392 facilities identified pursuant to s. 186.507, including the
3393 Strategic Intermodal System and roadway facilities funded in
3394 accordance with s. 339.2819. Further, the local government shall
3395 provide a plan for the mitigation of impacts to the Strategic
3396 Intermodal System, including, if appropriate, access management,
3397 parallel reliever roads, transportation demand management, and
3398 other measures.
3399 (f) The designation of a transportation concurrency
3400 exception area does not limit a local government’s home rule
3401 power to adopt ordinances or impose fees. This subsection does
3402 not affect any contract or agreement entered into or development
3403 order rendered before the creation of the transportation
3404 concurrency exception area except as provided in s.
3405 380.06(29)(e).
3406 (g) The Office of Program Policy Analysis and Government
3407 Accountability shall submit to the President of the Senate and
3408 the Speaker of the House of Representatives by February 1, 2015,
3409 a report on transportation concurrency exception areas created
3410 pursuant to this subsection. At a minimum, the report shall
3411 address the methods that local governments have used to
3412 implement and fund transportation strategies to achieve the
3413 purposes of designated transportation concurrency exception
3414 areas, and the effects of the strategies on mobility,
3415 congestion, urban design, the density and intensity of land use
3416 mixes, and network connectivity plans used to promote urban
3417 infill, redevelopment, or downtown revitalization.
3418 (6) The Legislature finds that a de minimis impact is
3419 consistent with this part. A de minimis impact is an impact that
3420 would not affect more than 1 percent of the maximum volume at
3421 the adopted level of service of the affected transportation
3422 facility as determined by the local government. No impact will
3423 be de minimis if the sum of existing roadway volumes and the
3424 projected volumes from approved projects on a transportation
3425 facility would exceed 110 percent of the maximum volume at the
3426 adopted level of service of the affected transportation
3427 facility; provided however, that an impact of a single family
3428 home on an existing lot will constitute a de minimis impact on
3429 all roadways regardless of the level of the deficiency of the
3430 roadway. Further, no impact will be de minimis if it would
3431 exceed the adopted level-of-service standard of any affected
3432 designated hurricane evacuation routes. Each local government
3433 shall maintain sufficient records to ensure that the 110-percent
3434 criterion is not exceeded. Each local government shall submit
3435 annually, with its updated capital improvements element, a
3436 summary of the de minimis records. If the state land planning
3437 agency determines that the 110-percent criterion has been
3438 exceeded, the state land planning agency shall notify the local
3439 government of the exceedance and that no further de minimis
3440 exceptions for the applicable roadway may be granted until such
3441 time as the volume is reduced below the 110 percent. The local
3442 government shall provide proof of this reduction to the state
3443 land planning agency before issuing further de minimis
3444 exceptions.
3445 (7) In order to promote infill development and
3446 redevelopment, one or more transportation concurrency management
3447 areas may be designated in a local government comprehensive
3448 plan. A transportation concurrency management area must be a
3449 compact geographic area with an existing network of roads where
3450 multiple, viable alternative travel paths or modes are available
3451 for common trips. A local government may establish an areawide
3452 level-of-service standard for such a transportation concurrency
3453 management area based upon an analysis that provides for a
3454 justification for the areawide level of service, how urban
3455 infill development or redevelopment will be promoted, and how
3456 mobility will be accomplished within the transportation
3457 concurrency management area. Prior to the designation of a
3458 concurrency management area, the Department of Transportation
3459 shall be consulted by the local government to assess the impact
3460 that the proposed concurrency management area is expected to
3461 have on the adopted level-of-service standards established for
3462 Strategic Intermodal System facilities, as defined in s. 339.64,
3463 and roadway facilities funded in accordance with s. 339.2819.
3464 Further, the local government shall, in cooperation with the
3465 Department of Transportation, develop a plan to mitigate any
3466 impacts to the Strategic Intermodal System, including, if
3467 appropriate, the development of a long-term concurrency
3468 management system pursuant to subsection (9) and s.
3469 163.3177(3)(d). Transportation concurrency management areas
3470 existing prior to July 1, 2005, shall meet, at a minimum, the
3471 provisions of this section by July 1, 2006, or at the time of
3472 the comprehensive plan update pursuant to the evaluation and
3473 appraisal report, whichever occurs last. The state land planning
3474 agency shall amend chapter 9J-5, Florida Administrative Code, to
3475 be consistent with this subsection.
3476 (8) When assessing the transportation impacts of proposed
3477 urban redevelopment within an established existing urban service
3478 area, 110 percent of the actual transportation impact caused by
3479 the previously existing development must be reserved for the
3480 redevelopment, even if the previously existing development has a
3481 lesser or nonexisting impact pursuant to the calculations of the
3482 local government. Redevelopment requiring less than 110 percent
3483 of the previously existing capacity shall not be prohibited due
3484 to the reduction of transportation levels of service below the
3485 adopted standards. This does not preclude the appropriate
3486 assessment of fees or accounting for the impacts within the
3487 concurrency management system and capital improvements program
3488 of the affected local government. This paragraph does not affect
3489 local government requirements for appropriate development
3490 permits.
3491 (9)(a) Each local government may adopt as a part of its
3492 plan, long-term transportation and school concurrency management
3493 systems with a planning period of up to 10 years for specially
3494 designated districts or areas where significant backlogs exist.
3495 The plan may include interim level-of-service standards on
3496 certain facilities and shall rely on the local government’s
3497 schedule of capital improvements for up to 10 years as a basis
3498 for issuing development orders that authorize commencement of
3499 construction in these designated districts or areas. The
3500 concurrency management system must be designed to correct
3501 existing deficiencies and set priorities for addressing
3502 backlogged facilities. The concurrency management system must be
3503 financially feasible and consistent with other portions of the
3504 adopted local plan, including the future land use map.
3505 (b) If a local government has a transportation or school
3506 facility backlog for existing development which cannot be
3507 adequately addressed in a 10-year plan, the state land planning
3508 agency may allow it to develop a plan and long-term schedule of
3509 capital improvements covering up to 15 years for good and
3510 sufficient cause, based on a general comparison between that
3511 local government and all other similarly situated local
3512 jurisdictions, using the following factors:
3513 1. The extent of the backlog.
3514 2. For roads, whether the backlog is on local or state
3515 roads.
3516 3. The cost of eliminating the backlog.
3517 4. The local government’s tax and other revenue-raising
3518 efforts.
3519 (c) The local government may issue approvals to commence
3520 construction notwithstanding this section, consistent with and
3521 in areas that are subject to a long-term concurrency management
3522 system.
3523 (d) If the local government adopts a long-term concurrency
3524 management system, it must evaluate the system periodically. At
3525 a minimum, the local government must assess its progress toward
3526 improving levels of service within the long-term concurrency
3527 management district or area in the evaluation and appraisal
3528 report and determine any changes that are necessary to
3529 accelerate progress in meeting acceptable levels of service.
3530 (10) Except in transportation concurrency exception areas,
3531 with regard to roadway facilities on the Strategic Intermodal
3532 System designated in accordance with s. 339.63, local
3533 governments shall adopt the level-of-service standard
3534 established by the Department of Transportation by rule.
3535 However, if the Office of Tourism, Trade, and Economic
3536 Development concurs in writing with the local government that
3537 the proposed development is for a qualified job creation project
3538 under s. 288.0656 or s. 403.973, the affected local government,
3539 after consulting with the Department of Transportation, may
3540 provide for a waiver of transportation concurrency for the
3541 project. For all other roads on the State Highway System, local
3542 governments shall establish an adequate level-of-service
3543 standard that need not be consistent with any level-of-service
3544 standard established by the Department of Transportation. In
3545 establishing adequate level-of-service standards for any
3546 arterial roads, or collector roads as appropriate, which
3547 traverse multiple jurisdictions, local governments shall
3548 consider compatibility with the roadway facility’s adopted
3549 level-of-service standards in adjacent jurisdictions. Each local
3550 government within a county shall use a professionally accepted
3551 methodology for measuring impacts on transportation facilities
3552 for the purposes of implementing its concurrency management
3553 system. Counties are encouraged to coordinate with adjacent
3554 counties, and local governments within a county are encouraged
3555 to coordinate, for the purpose of using common methodologies for
3556 measuring impacts on transportation facilities for the purpose
3557 of implementing their concurrency management systems.
3558 (11) In order to limit the liability of local governments,
3559 a local government may allow a landowner to proceed with
3560 development of a specific parcel of land notwithstanding a
3561 failure of the development to satisfy transportation
3562 concurrency, when all the following factors are shown to exist:
3563 (a) The local government with jurisdiction over the
3564 property has adopted a local comprehensive plan that is in
3565 compliance.
3566 (b) The proposed development would be consistent with the
3567 future land use designation for the specific property and with
3568 pertinent portions of the adopted local plan, as determined by
3569 the local government.
3570 (c) The local plan includes a financially feasible capital
3571 improvements element that provides for transportation facilities
3572 adequate to serve the proposed development, and the local
3573 government has not implemented that element.
3574 (d) The local government has provided a means by which the
3575 landowner will be assessed a fair share of the cost of providing
3576 the transportation facilities necessary to serve the proposed
3577 development.
3578 (e) The landowner has made a binding commitment to the
3579 local government to pay the fair share of the cost of providing
3580 the transportation facilities to serve the proposed development.
3581 (12)(a) A development of regional impact may satisfy the
3582 transportation concurrency requirements of the local
3583 comprehensive plan, the local government’s concurrency
3584 management system, and s. 380.06 by payment of a proportionate
3585 share contribution for local and regionally significant traffic
3586 impacts, if:
3587 1. The development of regional impact which, based on its
3588 location or mix of land uses, is designed to encourage
3589 pedestrian or other nonautomotive modes of transportation;
3590 2. The proportionate-share contribution for local and
3591 regionally significant traffic impacts is sufficient to pay for
3592 one or more required mobility improvements that will benefit a
3593 regionally significant transportation facility;
3594 3. The owner and developer of the development of regional
3595 impact pays or assures payment of the proportionate-share
3596 contribution; and
3597 4. If the regionally significant transportation facility to
3598 be constructed or improved is under the maintenance authority of
3599 a governmental entity, as defined by s. 334.03(12), other than
3600 the local government with jurisdiction over the development of
3601 regional impact, the developer is required to enter into a
3602 binding and legally enforceable commitment to transfer funds to
3603 the governmental entity having maintenance authority or to
3604 otherwise assure construction or improvement of the facility.
3605
3606 The proportionate-share contribution may be applied to any
3607 transportation facility to satisfy the provisions of this
3608 subsection and the local comprehensive plan, but, for the
3609 purposes of this subsection, the amount of the proportionate
3610 share contribution shall be calculated based upon the cumulative
3611 number of trips from the proposed development expected to reach
3612 roadways during the peak hour from the complete buildout of a
3613 stage or phase being approved, divided by the change in the peak
3614 hour maximum service volume of roadways resulting from
3615 construction of an improvement necessary to maintain the adopted
3616 level of service, multiplied by the construction cost, at the
3617 time of developer payment, of the improvement necessary to
3618 maintain the adopted level of service. For purposes of this
3619 subsection, “construction cost” includes all associated costs of
3620 the improvement. Proportionate-share mitigation shall be limited
3621 to ensure that a development of regional impact meeting the
3622 requirements of this subsection mitigates its impact on the
3623 transportation system but is not responsible for the additional
3624 cost of reducing or eliminating backlogs. This subsection also
3625 applies to Florida Quality Developments pursuant to s. 380.061
3626 and to detailed specific area plans implementing optional sector
3627 plans pursuant to s. 163.3245.
3628 (b) As used in this subsection, the term “backlog” means a
3629 facility or facilities on which the adopted level-of-service
3630 standard is exceeded by the existing trips, plus additional
3631 projected background trips from any source other than the
3632 development project under review that are forecast by
3633 established traffic standards, including traffic modeling,
3634 consistent with the University of Florida Bureau of Economic and
3635 Business Research medium population projections. Additional
3636 projected background trips are to be coincident with the
3637 particular stage or phase of development under review.
3638 (13) School concurrency shall be established on a
3639 districtwide basis and shall include all public schools in the
3640 district and all portions of the district, whether located in a
3641 municipality or an unincorporated area unless exempt from the
3642 public school facilities element pursuant to s. 163.3177(12).
3643 (6)(a) If concurrency is applied to public education
3644 facilities, The application of school concurrency to development
3645 shall be based upon the adopted comprehensive plan, as amended.
3646 all local governments within a county, except as provided in
3647 paragraph (i)(f), shall include principles, guidelines,
3648 standards, and strategies, including adopted levels of service,
3649 in their comprehensive plans and adopt and transmit to the state
3650 land planning agency the necessary plan amendments, along with
3651 the interlocal agreements. If the county and one or more
3652 municipalities have adopted school concurrency into its
3653 comprehensive plan and interlocal agreement that represents at
3654 least 80 percent of the total countywide population, the failure
3655 of one or more municipalities to adopt the concurrency and enter
3656 into the interlocal agreement does not preclude implementation
3657 of school concurrency within the school district. agreement, for
3658 a compliance review pursuant to s. 163.3184(7) and (8). The
3659 minimum requirements for school concurrency are the following:
3660 (a) Public school facilities element.—A local government
3661 shall adopt and transmit to the state land planning agency a
3662 plan or plan amendment which includes a public school facilities
3663 element which is consistent with the requirements of s.
3664 163.3177(12) and which is determined to be in compliance as
3665 defined in s. 163.3184(1)(b). All local government provisions
3666 included in comprehensive plans regarding school concurrency
3667 public school facilities plan elements within a county must be
3668 consistent with each other as well as the requirements of this
3669 part.
3670 (b) Level-of-service standards.—The Legislature recognizes
3671 that an essential requirement for a concurrency management
3672 system is the level of service at which a public facility is
3673 expected to operate.
3674 1. Local governments and school boards imposing school
3675 concurrency shall exercise authority in conjunction with each
3676 other to establish jointly adequate level-of-service standards,
3677 as defined in chapter 9J-5, Florida Administrative Code,
3678 necessary to implement the adopted local government
3679 comprehensive plan, based on data and analysis.
3680 (c)2. Public school level-of-service standards shall be
3681 included and adopted into the capital improvements element of
3682 the local comprehensive plan and shall apply districtwide to all
3683 schools of the same type. Types of schools may include
3684 elementary, middle, and high schools as well as special purpose
3685 facilities such as magnet schools.
3686 (d)3. Local governments and school boards may shall have
3687 the option to utilize tiered level-of-service standards to allow
3688 time to achieve an adequate and desirable level of service as
3689 circumstances warrant.
3690 (e)4. For the purpose of determining whether levels of
3691 service have been achieved, for the first 3 years of school
3692 concurrency implementation, A school district that includes
3693 relocatable facilities in its inventory of student stations
3694 shall include the capacity of such relocatable facilities as
3695 provided in s. 1013.35(2)(b)2.f., provided the relocatable
3696 facilities were purchased after 1998 and the relocatable
3697 facilities meet the standards for long-term use pursuant to s.
3698 1013.20.
3699 (c) Service areas.—The Legislature recognizes that an
3700 essential requirement for a concurrency system is a designation
3701 of the area within which the level of service will be measured
3702 when an application for a residential development permit is
3703 reviewed for school concurrency purposes. This delineation is
3704 also important for purposes of determining whether the local
3705 government has a financially feasible public school capital
3706 facilities program that will provide schools which will achieve
3707 and maintain the adopted level-of-service standards.
3708 (f)1. In order to balance competing interests, preserve the
3709 constitutional concept of uniformity, and avoid disruption of
3710 existing educational and growth management processes, local
3711 governments are encouraged, if they elect to adopt school
3712 concurrency, to initially apply school concurrency to
3713 development only on a districtwide basis so that a concurrency
3714 determination for a specific development will be based upon the
3715 availability of school capacity districtwide. To ensure that
3716 development is coordinated with schools having available
3717 capacity, within 5 years after adoption of school concurrency,
3718 2. If a local government elects to governments shall apply
3719 school concurrency on a less than districtwide basis, by such as
3720 using school attendance zones or concurrency service areas:, as
3721 provided in subparagraph 2.
3722 a.2. For local governments applying school concurrency on a
3723 less than districtwide basis, such as utilizing school
3724 attendance zones or larger school concurrency service areas,
3725 Local governments and school boards shall have the burden to
3726 demonstrate that the utilization of school capacity is maximized
3727 to the greatest extent possible in the comprehensive plan and
3728 amendment, taking into account transportation costs and court
3729 approved desegregation plans, as well as other factors. In
3730 addition, in order to achieve concurrency within the service
3731 area boundaries selected by local governments and school boards,
3732 the service area boundaries, together with the standards for
3733 establishing those boundaries, shall be identified and included
3734 as supporting data and analysis for the comprehensive plan.
3735 b.3. Where school capacity is available on a districtwide
3736 basis but school concurrency is applied on a less than
3737 districtwide basis in the form of concurrency service areas, if
3738 the adopted level-of-service standard cannot be met in a
3739 particular service area as applied to an application for a
3740 development permit and if the needed capacity for the particular
3741 service area is available in one or more contiguous service
3742 areas, as adopted by the local government, then the local
3743 government may not deny an application for site plan or final
3744 subdivision approval or the functional equivalent for a
3745 development or phase of a development on the basis of school
3746 concurrency, and if issued, development impacts shall be
3747 subtracted from the shifted to contiguous service area’s areas
3748 with schools having available capacity totals. Students from the
3749 development may not be required to go to the adjacent service
3750 area unless the school board rezones the area in which the
3751 development occurs.
3752 (g)(d) Financial feasibility.—The Legislature recognizes
3753 that financial feasibility is an important issue because The
3754 premise of concurrency is that the public facilities will be
3755 provided in order to achieve and maintain the adopted level-of
3756 service standard. This part and chapter 9J-5, Florida
3757 Administrative Code, contain specific standards to determine the
3758 financial feasibility of capital programs. These standards were
3759 adopted to make concurrency more predictable and local
3760 governments more accountable.
3761 1. A comprehensive plan that imposes amendment seeking to
3762 impose school concurrency shall contain appropriate amendments
3763 to the capital improvements element of the comprehensive plan,
3764 consistent with the requirements of s. 163.3177(3) and rule 9J
3765 5.016, Florida Administrative Code. The capital improvements
3766 element shall set forth a financially feasible public school
3767 capital facilities plan program, established in conjunction with
3768 the school board, that demonstrates that the adopted level-of
3769 service standards will be achieved and maintained.
3770 (h)1. In order to limit the liability of local governments,
3771 a local government may allow a landowner to proceed with
3772 development of a specific parcel of land notwithstanding a
3773 failure of the development to satisfy school concurrency, if all
3774 the following factors are shown to exist:
3775 a. The proposed development would be consistent with the
3776 future land use designation for the specific property and with
3777 pertinent portions of the adopted local plan, as determined by
3778 the local government.
3779 b. The local government’s capital improvements element and
3780 the school board’s educational facilities plan provide for
3781 school facilities adequate to serve the proposed development,
3782 and the local government or school board has not implemented
3783 that element or the project includes a plan that demonstrates
3784 that the capital facilities needed as a result of the project
3785 can be reasonably provided.
3786 c. The local government and school board have provided a
3787 means by which the landowner will be assessed a proportionate
3788 share of the cost of providing the school facilities necessary
3789 to serve the proposed development.
3790 2. Such amendments shall demonstrate that the public school
3791 capital facilities program meets all of the financial
3792 feasibility standards of this part and chapter 9J-5, Florida
3793 Administrative Code, that apply to capital programs which
3794 provide the basis for mandatory concurrency on other public
3795 facilities and services.
3796 3. When the financial feasibility of a public school
3797 capital facilities program is evaluated by the state land
3798 planning agency for purposes of a compliance determination, the
3799 evaluation shall be based upon the service areas selected by the
3800 local governments and school board.
3801 2.(e) Availability standard.—Consistent with the public
3802 welfare, If a local government applies school concurrency, it
3803 may not deny an application for site plan, final subdivision
3804 approval, or the functional equivalent for a development or
3805 phase of a development authorizing residential development for
3806 failure to achieve and maintain the level-of-service standard
3807 for public school capacity in a local school concurrency
3808 management system where adequate school facilities will be in
3809 place or under actual construction within 3 years after the
3810 issuance of final subdivision or site plan approval, or the
3811 functional equivalent. School concurrency is satisfied if the
3812 developer executes a legally binding commitment to provide
3813 mitigation proportionate to the demand for public school
3814 facilities to be created by actual development of the property,
3815 including, but not limited to, the options described in sub
3816 subparagraph a. subparagraph 1. Options for proportionate-share
3817 mitigation of impacts on public school facilities must be
3818 established in the comprehensive plan public school facilities
3819 element and the interlocal agreement pursuant to s. 163.31777.
3820 a.1. Appropriate mitigation options include the
3821 contribution of land; the construction, expansion, or payment
3822 for land acquisition or construction of a public school
3823 facility; the construction of a charter school that complies
3824 with the requirements of s. 1002.33(18); or the creation of
3825 mitigation banking based on the construction of a public school
3826 facility in exchange for the right to sell capacity credits.
3827 Such options must include execution by the applicant and the
3828 local government of a development agreement that constitutes a
3829 legally binding commitment to pay proportionate-share mitigation
3830 for the additional residential units approved by the local
3831 government in a development order and actually developed on the
3832 property, taking into account residential density allowed on the
3833 property prior to the plan amendment that increased the overall
3834 residential density. The district school board must be a party
3835 to such an agreement. As a condition of its entry into such a
3836 development agreement, the local government may require the
3837 landowner to agree to continuing renewal of the agreement upon
3838 its expiration.
3839 b.2. If the interlocal agreement education facilities plan
3840 and the local government comprehensive plan public educational
3841 facilities element authorize a contribution of land; the
3842 construction, expansion, or payment for land acquisition; the
3843 construction or expansion of a public school facility, or a
3844 portion thereof; or the construction of a charter school that
3845 complies with the requirements of s. 1002.33(18), as
3846 proportionate-share mitigation, the local government shall
3847 credit such a contribution, construction, expansion, or payment
3848 toward any other impact fee or exaction imposed by local
3849 ordinance for the same need, on a dollar-for-dollar basis at
3850 fair market value.
3851 c.3. Any proportionate-share mitigation must be directed by
3852 the school board toward a school capacity improvement identified
3853 in the a financially feasible 5-year school board’s educational
3854 facilities district work plan that satisfies the demands created
3855 by the development in accordance with a binding developer’s
3856 agreement.
3857 4. If a development is precluded from commencing because
3858 there is inadequate classroom capacity to mitigate the impacts
3859 of the development, the development may nevertheless commence if
3860 there are accelerated facilities in an approved capital
3861 improvement element scheduled for construction in year four or
3862 later of such plan which, when built, will mitigate the proposed
3863 development, or if such accelerated facilities will be in the
3864 next annual update of the capital facilities element, the
3865 developer enters into a binding, financially guaranteed
3866 agreement with the school district to construct an accelerated
3867 facility within the first 3 years of an approved capital
3868 improvement plan, and the cost of the school facility is equal
3869 to or greater than the development’s proportionate share. When
3870 the completed school facility is conveyed to the school
3871 district, the developer shall receive impact fee credits usable
3872 within the zone where the facility is constructed or any
3873 attendance zone contiguous with or adjacent to the zone where
3874 the facility is constructed.
3875 3.5. This paragraph does not limit the authority of a local
3876 government to deny a development permit or its functional
3877 equivalent pursuant to its home rule regulatory powers, except
3878 as provided in this part.
3879 (i)(f) Intergovernmental coordination.—
3880 1. When establishing concurrency requirements for public
3881 schools, a local government shall satisfy the requirements for
3882 intergovernmental coordination set forth in s. 163.3177(6)(h)1.
3883 and 2., except that A municipality is not required to be a
3884 signatory to the interlocal agreement required by paragraph (j)
3885 ss. 163.3177(6)(h)2. and 163.31777(6), as a prerequisite for
3886 imposition of school concurrency, and as a nonsignatory, shall
3887 not participate in the adopted local school concurrency system,
3888 if the municipality meets all of the following criteria for
3889 having no significant impact on school attendance:
3890 1.a. The municipality has issued development orders for
3891 fewer than 50 residential dwelling units during the preceding 5
3892 years, or the municipality has generated fewer than 25
3893 additional public school students during the preceding 5 years.
3894 2.b. The municipality has not annexed new land during the
3895 preceding 5 years in land use categories which permit
3896 residential uses that will affect school attendance rates.
3897 3.c. The municipality has no public schools located within
3898 its boundaries.
3899 4.d. At least 80 percent of the developable land within the
3900 boundaries of the municipality has been built upon.
3901 2. A municipality which qualifies as having no significant
3902 impact on school attendance pursuant to the criteria of
3903 subparagraph 1. must review and determine at the time of its
3904 evaluation and appraisal report pursuant to s. 163.3191 whether
3905 it continues to meet the criteria pursuant to s. 163.31777(6).
3906 If the municipality determines that it no longer meets the
3907 criteria, it must adopt appropriate school concurrency goals,
3908 objectives, and policies in its plan amendments based on the
3909 evaluation and appraisal report, and enter into the existing
3910 interlocal agreement required by ss. 163.3177(6)(h)2. and
3911 163.31777, in order to fully participate in the school
3912 concurrency system. If such a municipality fails to do so, it
3913 will be subject to the enforcement provisions of s. 163.3191.
3914 (j)(g) Interlocal agreement for school concurrency.—When
3915 establishing concurrency requirements for public schools, a
3916 local government must enter into an interlocal agreement that
3917 satisfies the requirements in ss. 163.3177(6)(h)1. and 2. and
3918 163.31777 and the requirements of this subsection. The
3919 interlocal agreement shall acknowledge both the school board’s
3920 constitutional and statutory obligations to provide a uniform
3921 system of free public schools on a countywide basis, and the
3922 land use authority of local governments, including their
3923 authority to approve or deny comprehensive plan amendments and
3924 development orders. The interlocal agreement shall be submitted
3925 to the state land planning agency by the local government as a
3926 part of the compliance review, along with the other necessary
3927 amendments to the comprehensive plan required by this part. In
3928 addition to the requirements of ss. 163.3177(6)(h) and
3929 163.31777, The interlocal agreement shall meet the following
3930 requirements:
3931 1. Establish the mechanisms for coordinating the
3932 development, adoption, and amendment of each local government’s
3933 school concurrency related provisions of the comprehensive plan
3934 public school facilities element with each other and the plans
3935 of the school board to ensure a uniform districtwide school
3936 concurrency system.
3937 2. Establish a process for the development of siting
3938 criteria which encourages the location of public schools
3939 proximate to urban residential areas to the extent possible and
3940 seeks to collocate schools with other public facilities such as
3941 parks, libraries, and community centers to the extent possible.
3942 2.3. Specify uniform, districtwide level-of-service
3943 standards for public schools of the same type and the process
3944 for modifying the adopted level-of-service standards.
3945 4. Establish a process for the preparation, amendment, and
3946 joint approval by each local government and the school board of
3947 a public school capital facilities program which is financially
3948 feasible, and a process and schedule for incorporation of the
3949 public school capital facilities program into the local
3950 government comprehensive plans on an annual basis.
3951 3.5. Define the geographic application of school
3952 concurrency. If school concurrency is to be applied on a less
3953 than districtwide basis in the form of concurrency service
3954 areas, the agreement shall establish criteria and standards for
3955 the establishment and modification of school concurrency service
3956 areas. The agreement shall also establish a process and schedule
3957 for the mandatory incorporation of the school concurrency
3958 service areas and the criteria and standards for establishment
3959 of the service areas into the local government comprehensive
3960 plans. The agreement shall ensure maximum utilization of school
3961 capacity, taking into account transportation costs and court
3962 approved desegregation plans, as well as other factors. The
3963 agreement shall also ensure the achievement and maintenance of
3964 the adopted level-of-service standards for the geographic area
3965 of application throughout the 5 years covered by the public
3966 school capital facilities plan and thereafter by adding a new
3967 fifth year during the annual update.
3968 4.6. Establish a uniform districtwide procedure for
3969 implementing school concurrency which provides for:
3970 a. The evaluation of development applications for
3971 compliance with school concurrency requirements, including
3972 information provided by the school board on affected schools,
3973 impact on levels of service, and programmed improvements for
3974 affected schools and any options to provide sufficient capacity;
3975 b. An opportunity for the school board to review and
3976 comment on the effect of comprehensive plan amendments and
3977 rezonings on the public school facilities plan; and
3978 c. The monitoring and evaluation of the school concurrency
3979 system.
3980 7. Include provisions relating to amendment of the
3981 agreement.
3982 5.8. A process and uniform methodology for determining
3983 proportionate-share mitigation pursuant to subparagraph (h)(e)1.
3984 (k)(h) Local government authority.—This subsection does not
3985 limit the authority of a local government to grant or deny a
3986 development permit or its functional equivalent prior to the
3987 implementation of school concurrency.
3988 (14) The state land planning agency shall, by October 1,
3989 1998, adopt by rule minimum criteria for the review and
3990 determination of compliance of a public school facilities
3991 element adopted by a local government for purposes of imposition
3992 of school concurrency.
3993 (15)(a) Multimodal transportation districts may be
3994 established under a local government comprehensive plan in areas
3995 delineated on the future land use map for which the local
3996 comprehensive plan assigns secondary priority to vehicle
3997 mobility and primary priority to assuring a safe, comfortable,
3998 and attractive pedestrian environment, with convenient
3999 interconnection to transit. Such districts must incorporate
4000 community design features that will reduce the number of
4001 automobile trips or vehicle miles of travel and will support an
4002 integrated, multimodal transportation system. Prior to the
4003 designation of multimodal transportation districts, the
4004 Department of Transportation shall be consulted by the local
4005 government to assess the impact that the proposed multimodal
4006 district area is expected to have on the adopted level-of
4007 service standards established for Strategic Intermodal System
4008 facilities, as defined in s. 339.64, and roadway facilities
4009 funded in accordance with s. 339.2819. Further, the local
4010 government shall, in cooperation with the Department of
4011 Transportation, develop a plan to mitigate any impacts to the
4012 Strategic Intermodal System, including the development of a
4013 long-term concurrency management system pursuant to subsection
4014 (9) and s. 163.3177(3)(d). Multimodal transportation districts
4015 existing prior to July 1, 2005, shall meet, at a minimum, the
4016 provisions of this section by July 1, 2006, or at the time of
4017 the comprehensive plan update pursuant to the evaluation and
4018 appraisal report, whichever occurs last.
4019 (b) Community design elements of such a district include: a
4020 complementary mix and range of land uses, including educational,
4021 recreational, and cultural uses; interconnected networks of
4022 streets designed to encourage walking and bicycling, with
4023 traffic-calming where desirable; appropriate densities and
4024 intensities of use within walking distance of transit stops;
4025 daily activities within walking distance of residences, allowing
4026 independence to persons who do not drive; public uses, streets,
4027 and squares that are safe, comfortable, and attractive for the
4028 pedestrian, with adjoining buildings open to the street and with
4029 parking not interfering with pedestrian, transit, automobile,
4030 and truck travel modes.
4031 (c) Local governments may establish multimodal level-of
4032 service standards that rely primarily on nonvehicular modes of
4033 transportation within the district, when justified by an
4034 analysis demonstrating that the existing and planned community
4035 design will provide an adequate level of mobility within the
4036 district based upon professionally accepted multimodal level-of
4037 service methodologies. The analysis must also demonstrate that
4038 the capital improvements required to promote community design
4039 are financially feasible over the development or redevelopment
4040 timeframe for the district and that community design features
4041 within the district provide convenient interconnection for a
4042 multimodal transportation system. Local governments may issue
4043 development permits in reliance upon all planned community
4044 design capital improvements that are financially feasible over
4045 the development or redevelopment timeframe for the district,
4046 without regard to the period of time between development or
4047 redevelopment and the scheduled construction of the capital
4048 improvements. A determination of financial feasibility shall be
4049 based upon currently available funding or funding sources that
4050 could reasonably be expected to become available over the
4051 planning period.
4052 (d) Local governments may reduce impact fees or local
4053 access fees for development within multimodal transportation
4054 districts based on the reduction of vehicle trips per household
4055 or vehicle miles of travel expected from the development pattern
4056 planned for the district.
4057 (16) It is the intent of the Legislature to provide a
4058 method by which the impacts of development on transportation
4059 facilities can be mitigated by the cooperative efforts of the
4060 public and private sectors. The methodology used to calculate
4061 proportionate fair-share mitigation under this section shall be
4062 as provided for in subsection (12).
4063 (a) By December 1, 2006, each local government shall adopt
4064 by ordinance a methodology for assessing proportionate fair
4065 share mitigation options. By December 1, 2005, the Department of
4066 Transportation shall develop a model transportation concurrency
4067 management ordinance with methodologies for assessing
4068 proportionate fair-share mitigation options.
4069 (b)1. In its transportation concurrency management system,
4070 a local government shall, by December 1, 2006, include
4071 methodologies that will be applied to calculate proportionate
4072 fair-share mitigation. A developer may choose to satisfy all
4073 transportation concurrency requirements by contributing or
4074 paying proportionate fair-share mitigation if transportation
4075 facilities or facility segments identified as mitigation for
4076 traffic impacts are specifically identified for funding in the
4077 5-year schedule of capital improvements in the capital
4078 improvements element of the local plan or the long-term
4079 concurrency management system or if such contributions or
4080 payments to such facilities or segments are reflected in the 5
4081 year schedule of capital improvements in the next regularly
4082 scheduled update of the capital improvements element. Updates to
4083 the 5-year capital improvements element which reflect
4084 proportionate fair-share contributions may not be found not in
4085 compliance based on ss. 163.3164(32) and 163.3177(3) if
4086 additional contributions, payments or funding sources are
4087 reasonably anticipated during a period not to exceed 10 years to
4088 fully mitigate impacts on the transportation facilities.
4089 2. Proportionate fair-share mitigation shall be applied as
4090 a credit against impact fees to the extent that all or a portion
4091 of the proportionate fair-share mitigation is used to address
4092 the same capital infrastructure improvements contemplated by the
4093 local government’s impact fee ordinance.
4094 (c) Proportionate fair-share mitigation includes, without
4095 limitation, separately or collectively, private funds,
4096 contributions of land, and construction and contribution of
4097 facilities and may include public funds as determined by the
4098 local government. Proportionate fair-share mitigation may be
4099 directed toward one or more specific transportation improvements
4100 reasonably related to the mobility demands created by the
4101 development and such improvements may address one or more modes
4102 of travel. The fair market value of the proportionate fair-share
4103 mitigation shall not differ based on the form of mitigation. A
4104 local government may not require a development to pay more than
4105 its proportionate fair-share contribution regardless of the
4106 method of mitigation. Proportionate fair-share mitigation shall
4107 be limited to ensure that a development meeting the requirements
4108 of this section mitigates its impact on the transportation
4109 system but is not responsible for the additional cost of
4110 reducing or eliminating backlogs.
4111 (d) This subsection does not require a local government to
4112 approve a development that is not otherwise qualified for
4113 approval pursuant to the applicable local comprehensive plan and
4114 land development regulations.
4115 (e) Mitigation for development impacts to facilities on the
4116 Strategic Intermodal System made pursuant to this subsection
4117 requires the concurrence of the Department of Transportation.
4118 (f) If the funds in an adopted 5-year capital improvements
4119 element are insufficient to fully fund construction of a
4120 transportation improvement required by the local government’s
4121 concurrency management system, a local government and a
4122 developer may still enter into a binding proportionate-share
4123 agreement authorizing the developer to construct that amount of
4124 development on which the proportionate share is calculated if
4125 the proportionate-share amount in such agreement is sufficient
4126 to pay for one or more improvements which will, in the opinion
4127 of the governmental entity or entities maintaining the
4128 transportation facilities, significantly benefit the impacted
4129 transportation system. The improvements funded by the
4130 proportionate-share component must be adopted into the 5-year
4131 capital improvements schedule of the comprehensive plan at the
4132 next annual capital improvements element update. The funding of
4133 any improvements that significantly benefit the impacted
4134 transportation system satisfies concurrency requirements as a
4135 mitigation of the development’s impact upon the overall
4136 transportation system even if there remains a failure of
4137 concurrency on other impacted facilities.
4138 (g) Except as provided in subparagraph (b)1., this section
4139 may not prohibit the Department of Community Affairs from
4140 finding other portions of the capital improvements element
4141 amendments not in compliance as provided in this chapter.
4142 (h) The provisions of this subsection do not apply to a
4143 development of regional impact satisfying the requirements of
4144 subsection (12).
4145 (i) As used in this subsection, the term “backlog” means a
4146 facility or facilities on which the adopted level-of-service
4147 standard is exceeded by the existing trips, plus additional
4148 projected background trips from any source other than the
4149 development project under review that are forecast by
4150 established traffic standards, including traffic modeling,
4151 consistent with the University of Florida Bureau of Economic and
4152 Business Research medium population projections. Additional
4153 projected background trips are to be coincident with the
4154 particular stage or phase of development under review.
4155 (17) A local government and the developer of affordable
4156 workforce housing units developed in accordance with s.
4157 380.06(19) or s. 380.0651(3) may identify an employment center
4158 or centers in close proximity to the affordable workforce
4159 housing units. If at least 50 percent of the units are occupied
4160 by an employee or employees of an identified employment center
4161 or centers, all of the affordable workforce housing units are
4162 exempt from transportation concurrency requirements, and the
4163 local government may not reduce any transportation trip
4164 generation entitlements of an approved development-of-regional
4165 impact development order. As used in this subsection, the term
4166 “close proximity” means 5 miles from the nearest point of the
4167 development of regional impact to the nearest point of the
4168 employment center, and the term “employment center” means a
4169 place of employment that employs at least 25 or more full-time
4170 employees.
4171
4172 Section 12. Subsection (5) is reenacted to section
4173 163.31801, Florida Statutes, and subsection (6) is added to that
4174 section to read:
4175 163.31801 Impact fees; short title; intent; definitions;
4176 ordinances levying impact fees.—
4177 (5) In any action challenging an impact fee, the government
4178 has the burden of proving by a preponderance of the evidence
4179 that the imposition or amount of the fee meets the requirements
4180 of state legal precedent or this section. The court may not use
4181 a deferential standard.
4182 (6) Notwithstanding any law, ordinance, or resolution to
4183 the contrary, a county, municipality, or special district may
4184 not increase any existing impact fees or impose any new impact
4185 fees on nonresidential development. This subsection does not
4186 affect impact fees pledged or obligated to the retirement of
4187 debt; impact fee increases that were previously enacted by law,
4188 ordinance, or resolution and phased in over time or included a
4189 consumer price index or other yearly escalator; or impact fees
4190 for water or wastewater facilities. This subsection expires July
4191 1, 2013.
4192 Section 13. Section 163.3182, Florida Statutes, is amended
4193 to read:
4194 163.3182 Transportation deficiencies concurrency backlogs.—
4195 (1) DEFINITIONS.—For purposes of this section, the term:
4196 (a) “Transportation deficiency concurrency backlog area”
4197 means the geographic area within the unincorporated portion of a
4198 county or within the municipal boundary of a municipality
4199 designated in a local government comprehensive plan for which a
4200 transportation development concurrency backlog authority is
4201 created pursuant to this section. A transportation deficiency
4202 concurrency backlog area created within the corporate boundary
4203 of a municipality shall be made pursuant to an interlocal
4204 agreement between a county, a municipality or municipalities,
4205 and any affected taxing authority or authorities.
4206 (b) “Authority” or “transportation development concurrency
4207 backlog authority” means the governing body of a county or
4208 municipality within which an authority is created.
4209 (c) “Governing body” means the council, commission, or
4210 other legislative body charged with governing the county or
4211 municipality within which a transportation deficiency
4212 concurrency backlog authority is created pursuant to this
4213 section.
4214 (d) “Transportation deficiency concurrency backlog” means
4215 an identified need deficiency where the existing and projected
4216 extent of traffic or projected traffic volume exceeds the level
4217 of service standard adopted in a local government comprehensive
4218 plan for a transportation facility.
4219 (e) “Transportation sufficiency concurrency backlog plan”
4220 means the plan adopted as part of a local government
4221 comprehensive plan by the governing body of a county or
4222 municipality acting as a transportation development concurrency
4223 backlog authority.
4224 (f) “Transportation concurrency backlog project” means any
4225 designated transportation project that will mitigate a
4226 deficiency identified in a transportation deficiency plan
4227 identified for construction within the jurisdiction of a
4228 transportation concurrency backlog authority.
4229 (g) “Debt service millage” means any millage levied
4230 pursuant to s. 12, Art. VII of the State Constitution.
4231 (h) “Increment revenue” means the amount calculated
4232 pursuant to subsection (5).
4233 (i) “Taxing authority” means a public body that levies or
4234 is authorized to levy an ad valorem tax on real property located
4235 within a transportation deficiency concurrency backlog area,
4236 except a school district.
4237 (2) CREATION OF TRANSPORTATION DEVELOPMENT CONCURRENCY
4238 BACKLOG AUTHORITIES.—
4239 (a) A county or municipality may create a transportation
4240 development concurrency backlog authority if it has an
4241 identified transportation deficiency concurrency backlog.
4242 (b) Acting as the transportation development concurrency
4243 backlog authority within the authority’s jurisdictional
4244 boundary, the governing body of a county or municipality shall
4245 adopt and implement a plan to eliminate all identified
4246 transportation deficiencies concurrency backlogs within the
4247 authority’s jurisdiction using funds provided pursuant to
4248 subsection (5) and as otherwise provided pursuant to this
4249 section.
4250 (c) The Legislature finds and declares that there exist in
4251 many counties and municipalities areas that have significant
4252 transportation deficiencies and inadequate transportation
4253 facilities; that many insufficiencies and inadequacies severely
4254 limit or prohibit the satisfaction of adopted transportation
4255 level-of-service concurrency standards; that the transportation
4256 insufficiencies and inadequacies affect the health, safety, and
4257 welfare of the residents of these counties and municipalities;
4258 that the transportation insufficiencies and inadequacies
4259 adversely affect economic development and growth of the tax base
4260 for the areas in which these insufficiencies and inadequacies
4261 exist; and that the elimination of transportation deficiencies
4262 and inadequacies and the satisfaction of transportation level
4263 of-service concurrency standards are paramount public purposes
4264 for the state and its counties and municipalities.
4265 (3) POWERS OF A TRANSPORTATION DEVELOPMENT CONCURRENCY
4266 BACKLOG AUTHORITY.—Each transportation development concurrency
4267 backlog authority created pursuant to this section has the
4268 powers necessary or convenient to carry out the purposes of this
4269 section, including the following powers in addition to others
4270 granted in this section:
4271 (a) To make and execute contracts and other instruments
4272 necessary or convenient to the exercise of its powers under this
4273 section.
4274 (b) To undertake and carry out transportation concurrency
4275 backlog projects for transportation facilities that have
4276 designed to relieve transportation deficiencies a concurrency
4277 backlog within the authority’s jurisdiction. Concurrency backlog
4278 Transportation projects may include transportation facilities
4279 that provide for alternative modes of travel including
4280 sidewalks, bikeways, and mass transit which are related to a
4281 deficient backlogged transportation facility.
4282 (c) To invest any transportation concurrency backlog funds
4283 held in reserve, sinking funds, or any such funds not required
4284 for immediate disbursement in property or securities in which
4285 savings banks may legally invest funds subject to the control of
4286 the authority and to redeem such bonds as have been issued
4287 pursuant to this section at the redemption price established
4288 therein, or to purchase such bonds at less than redemption
4289 price. All such bonds redeemed or purchased shall be canceled.
4290 (d) To borrow money, including, but not limited to, issuing
4291 debt obligations such as, but not limited to, bonds, notes,
4292 certificates, and similar debt instruments; to apply for and
4293 accept advances, loans, grants, contributions, and any other
4294 forms of financial assistance from the Federal Government or the
4295 state, county, or any other public body or from any sources,
4296 public or private, for the purposes of this part; to give such
4297 security as may be required; to enter into and carry out
4298 contracts or agreements; and to include in any contracts for
4299 financial assistance with the Federal Government for or with
4300 respect to a transportation concurrency backlog project and
4301 related activities such conditions imposed under federal laws as
4302 the transportation deficiency concurrency backlog authority
4303 considers reasonable and appropriate and which are not
4304 inconsistent with the purposes of this section.
4305 (e) To make or have made all surveys and plans necessary to
4306 the carrying out of the purposes of this section; to contract
4307 with any persons, public or private, in making and carrying out
4308 such plans; and to adopt, approve, modify, or amend such
4309 transportation sufficiency concurrency backlog plans.
4310 (f) To appropriate such funds and make such expenditures as
4311 are necessary to carry out the purposes of this section, and to
4312 enter into agreements with other public bodies, which agreements
4313 may extend over any period notwithstanding any provision or rule
4314 of law to the contrary.
4315 (4) TRANSPORTATION SUFFICIENCY CONCURRENCY BACKLOG PLANS.—
4316 (a) Each transportation development concurrency backlog
4317 authority shall adopt a transportation sufficiency concurrency
4318 backlog plan as a part of the local government comprehensive
4319 plan within 6 months after the creation of the authority. The
4320 plan must:
4321 (a)1. Identify all transportation facilities that have been
4322 designated as deficient and require the expenditure of moneys to
4323 upgrade, modify, or mitigate the deficiency.
4324 (b)2. Include a priority listing of all transportation
4325 facilities that have been designated as deficient and do not
4326 satisfy concurrency requirements pursuant to s. 163.3180, and
4327 the applicable local government comprehensive plan.
4328 (c)3. Establish a schedule for financing and construction
4329 of transportation concurrency backlog projects that will
4330 eliminate transportation deficiencies concurrency backlogs
4331 within the jurisdiction of the authority within 10 years after
4332 the transportation sufficiency concurrency backlog plan
4333 adoption. If the utilization of mass transit is selected as all
4334 or part of the system solution, the improvements and service may
4335 extend outside the area of the transportation deficiency areas
4336 to the planned terminus of the improvement as long as the
4337 improvement provides capacity enhancements to a larger
4338 intermodal system. The schedule shall be adopted as part of the
4339 local government comprehensive plan.
4340 (b) The adoption of the transportation concurrency backlog
4341 plan shall be exempt from the provisions of s. 163.3187(1).
4342
4343 Notwithstanding such schedule requirements, as long as the
4344 schedule provides for the elimination of all transportation
4345 deficiencies concurrency backlogs within 10 years after the
4346 adoption of the transportation sufficiency concurrency backlog
4347 plan, the final maturity date of any debt incurred to finance or
4348 refinance the related projects may be no later than 40 years
4349 after the date the debt is incurred and the authority may
4350 continue operations and administer the trust fund established as
4351 provided in subsection (5) for as long as the debt remains
4352 outstanding.
4353 (5) ESTABLISHMENT OF LOCAL TRUST FUND.—The transportation
4354 development concurrency backlog authority shall establish a
4355 local transportation concurrency backlog trust fund upon
4356 creation of the authority. Each local trust fund shall be
4357 administered by the transportation development concurrency
4358 backlog authority within which a transportation deficiencies
4359 have concurrency backlog has been identified. Each local trust
4360 fund must continue to be funded under this section for as long
4361 as the projects set forth in the related transportation
4362 sufficiency concurrency backlog plan remain to be completed or
4363 until any debt incurred to finance or refinance the related
4364 projects is no longer outstanding, whichever occurs later.
4365 Beginning in the first fiscal year after the creation of the
4366 authority, each local trust fund shall be funded by the proceeds
4367 of an ad valorem tax increment collected within each
4368 transportation deficiency concurrency backlog area to be
4369 determined annually and shall be a minimum of 25 percent of the
4370 difference between the amounts set forth in paragraphs (a) and
4371 (b), except that if all of the affected taxing authorities agree
4372 under an interlocal agreement, a particular local trust fund may
4373 be funded by the proceeds of an ad valorem tax increment greater
4374 than 25 percent of the difference between the amounts set forth
4375 in paragraphs (a) and (b):
4376 (a) The amount of ad valorem tax levied each year by each
4377 taxing authority, exclusive of any amount from any debt service
4378 millage, on taxable real property contained within the
4379 jurisdiction of the transportation development concurrency
4380 backlog authority and within the transportation deficiency
4381 backlog area; and
4382 (b) The amount of ad valorem taxes which would have been
4383 produced by the rate upon which the tax is levied each year by
4384 or for each taxing authority, exclusive of any debt service
4385 millage, upon the total of the assessed value of the taxable
4386 real property within the transportation deficiency concurrency
4387 backlog area as shown on the most recent assessment roll used in
4388 connection with the taxation of such property of each taxing
4389 authority prior to the effective date of the ordinance funding
4390 the trust fund.
4391 (6) EXEMPTIONS.—
4392 (a) The following public bodies or taxing authorities are
4393 exempt from the provisions of this section:
4394 1. A special district that levies ad valorem taxes on
4395 taxable real property in more than one county.
4396 2. A special district for which the sole available source
4397 of revenue is the authority to levy ad valorem taxes at the time
4398 an ordinance is adopted under this section. However, revenues or
4399 aid that may be dispensed or appropriated to a district as
4400 defined in s. 388.011 at the discretion of an entity other than
4401 such district shall not be deemed available.
4402 3. A library district.
4403 4. A neighborhood improvement district created under the
4404 Safe Neighborhoods Act.
4405 5. A metropolitan transportation authority.
4406 6. A water management district created under s. 373.069.
4407 7. A community redevelopment agency.
4408 (b) A transportation development concurrency exemption
4409 authority may also exempt from this section a special district
4410 that levies ad valorem taxes within the transportation
4411 deficiency concurrency backlog area pursuant to s.
4412 163.387(2)(d).
4413 (7) TRANSPORTATION DEFICIENCY CONCURRENCY SATISFACTION.
4414 Upon adoption of a transportation sufficiency concurrency
4415 backlog plan as a part of the local government comprehensive
4416 plan, and the plan going into effect, the area subject to the
4417 plan shall be deemed to have achieved and maintained
4418 transportation level-of-service standards, and to have met
4419 requirements for financial feasibility for transportation
4420 facilities, and for the purpose of proposed development
4421 transportation concurrency has been satisfied. Proportionate
4422 fair-share mitigation shall be limited to ensure that a
4423 development inside a transportation deficiency concurrency
4424 backlog area is not responsible for the additional costs of
4425 eliminating deficiencies backlogs.
4426 (8) DISSOLUTION.—Upon completion of all transportation
4427 concurrency backlog projects identified in the transportation
4428 sufficiency plan and repayment or defeasance of all debt issued
4429 to finance or refinance such projects, a transportation
4430 development concurrency backlog authority shall be dissolved,
4431 and its assets and liabilities transferred to the county or
4432 municipality within which the authority is located. All
4433 remaining assets of the authority must be used for
4434 implementation of transportation projects within the
4435 jurisdiction of the authority. The local government
4436 comprehensive plan shall be amended to remove the transportation
4437 deficiency concurrency backlog plan.
4438 Section 14. Section 163.3184, Florida Statutes, is amended
4439 to read:
4440 163.3184 Process for adoption of comprehensive plan or plan
4441 amendment.—
4442 (1) DEFINITIONS.—As used in this section, the term:
4443 (a) “Affected person” includes the affected local
4444 government; persons owning property, residing, or owning or
4445 operating a business within the boundaries of the local
4446 government whose plan is the subject of the review; owners of
4447 real property abutting real property that is the subject of a
4448 proposed change to a future land use map; and adjoining local
4449 governments that can demonstrate that the plan or plan amendment
4450 will produce substantial impacts on the increased need for
4451 publicly funded infrastructure or substantial impacts on areas
4452 designated for protection or special treatment within their
4453 jurisdiction. Each person, other than an adjoining local
4454 government, in order to qualify under this definition, shall
4455 also have submitted oral or written comments, recommendations,
4456 or objections to the local government during the period of time
4457 beginning with the transmittal hearing for the plan or plan
4458 amendment and ending with the adoption of the plan or plan
4459 amendment.
4460 (b) “In compliance” means consistent with the requirements
4461 of ss. 163.3177, 163.3178, 163.3180, 163.3191, and 163.3245, and
4462 163.3248 with the state comprehensive plan, with the appropriate
4463 strategic regional policy plan, and with chapter 9J-5, Florida
4464 Administrative Code, where such rule is not inconsistent with
4465 this part and with the principles for guiding development in
4466 designated areas of critical state concern and with part III of
4467 chapter 369, where applicable.
4468 (c) “Reviewing agencies” means:
4469 1. The state land planning agency;
4470 2. The appropriate regional planning council;
4471 3. The appropriate water management district;
4472 4. The Department of Environmental Protection;
4473 5. The Department of State;
4474 6. The Department of Transportation;
4475 7. In the case of plan amendments relating to public
4476 schools, the Department of Education;
4477 8. In the case of plans or plan amendments that affect a
4478 military installation listed in s. 163.3175, the commanding
4479 officer of the affected military installation;
4480 9. In the case of county plans and plan amendments, the
4481 Fish and Wildlife Conservation Commission and the Department of
4482 Agriculture and Consumer Services; and
4483 10. In the case of municipal plans and plan amendments, the
4484 county in which the municipality is located.
4485 (2) COORDINATION.—Each comprehensive plan or plan amendment
4486 proposed to be adopted pursuant to this part, except amendments
4487 adopted pursuant to ss. 163.32465 or 163.3187(1)(c) and (3),
4488 shall be transmitted, adopted, and reviewed in the manner
4489 prescribed in this section. The state land planning agency shall
4490 have responsibility for plan review, coordination, and the
4491 preparation and transmission of comments, pursuant to this
4492 section, to the local governing body responsible for the
4493 comprehensive plan. The state land planning agency shall
4494 maintain a single file concerning any proposed or adopted plan
4495 amendment submitted by a local government for any review under
4496 this section. Copies of all correspondence, papers, notes,
4497 memoranda, and other documents received or generated by the
4498 state land planning agency must be placed in the appropriate
4499 file. Paper copies of all electronic mail correspondence must be
4500 placed in the file. The file and its contents must be available
4501 for public inspection and copying as provided in chapter 119.
4502 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
4503 AMENDMENT.—
4504 (a) Each local governing body shall transmit the complete
4505 proposed comprehensive plan or plan amendment to the reviewing
4506 agencies state land planning agency, the appropriate regional
4507 planning council and water management district, the Department
4508 of Environmental Protection, the Department of State, and the
4509 Department of Transportation, and, in the case of municipal
4510 plans, to the appropriate county, and, in the case of county
4511 plans, to the Fish and Wildlife Conservation Commission and the
4512 Department of Agriculture and Consumer Services, immediately
4513 following a public hearing pursuant to subsection (15) as
4514 specified in the state land planning agency’s procedural rules.
4515 The local governing body shall also transmit a copy of the
4516 complete proposed comprehensive plan or plan amendment to any
4517 other unit of local government or government agency in the state
4518 that has filed a written request with the governing body for the
4519 plan or plan amendment. The local government may request a
4520 review by the state land planning agency pursuant to subsection
4521 (6) at the time of the transmittal of an amendment.
4522 (b) A local governing body shall not transmit portions of a
4523 plan or plan amendment unless it has previously provided to all
4524 state agencies designated by the state land planning agency a
4525 complete copy of its adopted comprehensive plan pursuant to
4526 subsection (7) and as specified in the agency’s procedural
4527 rules. In the case of comprehensive plan amendments, the local
4528 governing body shall transmit to the state land planning agency,
4529 the other reviewing agencies appropriate regional planning
4530 council and water management district, the Department of
4531 Environmental Protection, the Department of State, and the
4532 Department of Transportation, and, in the case of municipal
4533 plans, to the appropriate county and, in the case of county
4534 plans, to the Fish and Wildlife Conservation Commission and the
4535 Department of Agriculture and Consumer Services the supporting
4536 materials specified in the state land planning agency’s
4537 procedural rules and, in cases in which the plan amendment is a
4538 result of an evaluation and appraisal report adopted pursuant to
4539 s. 163.3191, a copy of the evaluation and appraisal report.
4540 Local governing bodies shall consolidate all proposed plan
4541 amendments into a single submission for each of the two plan
4542 amendment adoption dates during the calendar year pursuant to s.
4543 163.3187.
4544 (c) A local government may adopt a proposed plan amendment
4545 previously transmitted pursuant to this subsection, unless
4546 review is requested or otherwise initiated pursuant to
4547 subsection (6).
4548 (d) In cases in which a local government transmits multiple
4549 individual amendments that can be clearly and legally separated
4550 and distinguished for the purpose of determining whether to
4551 review the proposed amendment, and the state land planning
4552 agency elects to review several or a portion of the amendments
4553 and the local government chooses to immediately adopt the
4554 remaining amendments not reviewed, the amendments immediately
4555 adopted and any reviewed amendments that the local government
4556 subsequently adopts together constitute one amendment cycle in
4557 accordance with s. 163.3187(1).
4558 (e) At the request of an applicant, a local government
4559 shall consider an application for zoning changes that would be
4560 required to properly enact the provisions of any proposed plan
4561 amendment transmitted pursuant to this subsection. Zoning
4562 changes approved by the local government are contingent upon the
4563 comprehensive plan or plan amendment transmitted becoming
4564 effective.
4565 (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies
4566 specified in paragraph (3)(a) shall provide comments to the
4567 state land planning agency within 30 days after receipt by the
4568 state land planning agency of the complete proposed plan
4569 amendment. If the plan or plan amendment includes or relates to
4570 the public school facilities element pursuant to s.
4571 163.3177(12), the state land planning agency shall submit a copy
4572 to the Office of Educational Facilities of the Commissioner of
4573 Education for review and comment. The appropriate regional
4574 planning council shall also provide its written comments to the
4575 state land planning agency within 30 days after receipt by the
4576 state land planning agency of the complete proposed plan
4577 amendment and shall specify any objections, recommendations for
4578 modifications, and comments of any other regional agencies to
4579 which the regional planning council may have referred the
4580 proposed plan amendment. Written comments submitted by the
4581 public within 30 days after notice of transmittal by the local
4582 government of the proposed plan amendment will be considered as
4583 if submitted by governmental agencies. All written agency and
4584 public comments must be made part of the file maintained under
4585 subsection (2).
4586 (5) REGIONAL, COUNTY, AND MUNICIPAL REVIEW.—The review of
4587 the regional planning council pursuant to subsection (4) shall
4588 be limited to effects on regional resources or facilities
4589 identified in the strategic regional policy plan and
4590 extrajurisdictional impacts which would be inconsistent with the
4591 comprehensive plan of the affected local government. However,
4592 any inconsistency between a local plan or plan amendment and a
4593 strategic regional policy plan must not be the sole basis for a
4594 notice of intent to find a local plan or plan amendment not in
4595 compliance with this act. A regional planning council shall not
4596 review and comment on a proposed comprehensive plan it prepared
4597 itself unless the plan has been changed by the local government
4598 subsequent to the preparation of the plan by the regional
4599 planning agency. The review of the county land planning agency
4600 pursuant to subsection (4) shall be primarily in the context of
4601 the relationship and effect of the proposed plan amendment on
4602 any county comprehensive plan element. Any review by
4603 municipalities will be primarily in the context of the
4604 relationship and effect on the municipal plan.
4605 (6) STATE LAND PLANNING AGENCY REVIEW.—
4606 (a) The state land planning agency shall review a proposed
4607 plan amendment upon request of a regional planning council,
4608 affected person, or local government transmitting the plan
4609 amendment. The request from the regional planning council or
4610 affected person must be received within 30 days after
4611 transmittal of the proposed plan amendment pursuant to
4612 subsection (3). A regional planning council or affected person
4613 requesting a review shall do so by submitting a written request
4614 to the agency with a notice of the request to the local
4615 government and any other person who has requested notice.
4616 (b) The state land planning agency may review any proposed
4617 plan amendment regardless of whether a request for review has
4618 been made, if the agency gives notice to the local government,
4619 and any other person who has requested notice, of its intention
4620 to conduct such a review within 35 days after receipt of the
4621 complete proposed plan amendment.
4622 (c) The state land planning agency shall establish by rule
4623 a schedule for receipt of comments from the various government
4624 agencies, as well as written public comments, pursuant to
4625 subsection (4). If the state land planning agency elects to
4626 review the amendment or the agency is required to review the
4627 amendment as specified in paragraph (a), the agency shall issue
4628 a report giving its objections, recommendations, and comments
4629 regarding the proposed amendment within 60 days after receipt of
4630 the complete proposed amendment by the state land planning
4631 agency. When a federal, state, or regional agency has
4632 implemented a permitting program, the state land planning agency
4633 shall not require a local government to duplicate or exceed that
4634 permitting program in its comprehensive plan or to implement
4635 such a permitting program in its land development regulations.
4636 Nothing contained herein shall prohibit the state land planning
4637 agency in conducting its review of local plans or plan
4638 amendments from making objections, recommendations, and comments
4639 or making compliance determinations regarding densities and
4640 intensities consistent with the provisions of this part. In
4641 preparing its comments, the state land planning agency shall
4642 only base its considerations on written, and not oral, comments,
4643 from any source.
4644 (d) The state land planning agency review shall identify
4645 all written communications with the agency regarding the
4646 proposed plan amendment. If the state land planning agency does
4647 not issue such a review, it shall identify in writing to the
4648 local government all written communications received 30 days
4649 after transmittal. The written identification must include a
4650 list of all documents received or generated by the agency, which
4651 list must be of sufficient specificity to enable the documents
4652 to be identified and copies requested, if desired, and the name
4653 of the person to be contacted to request copies of any
4654 identified document. The list of documents must be made a part
4655 of the public records of the state land planning agency.
4656 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN
4657 OR AMENDMENTS AND TRANSMITTAL.—
4658 (a) The local government shall review the written comments
4659 submitted to it by the state land planning agency, and any other
4660 person, agency, or government. Any comments, recommendations, or
4661 objections and any reply to them shall be public documents, a
4662 part of the permanent record in the matter, and admissible in
4663 any proceeding in which the comprehensive plan or plan amendment
4664 may be at issue. The local government, upon receipt of written
4665 comments from the state land planning agency, shall have 120
4666 days to adopt or adopt with changes the proposed comprehensive
4667 plan or s. 163.3191 plan amendments. In the case of
4668 comprehensive plan amendments other than those proposed pursuant
4669 to s. 163.3191, the local government shall have 60 days to adopt
4670 the amendment, adopt the amendment with changes, or determine
4671 that it will not adopt the amendment. The adoption of the
4672 proposed plan or plan amendment or the determination not to
4673 adopt a plan amendment, other than a plan amendment proposed
4674 pursuant to s. 163.3191, shall be made in the course of a public
4675 hearing pursuant to subsection (15). The local government shall
4676 transmit the complete adopted comprehensive plan or plan
4677 amendment, including the names and addresses of persons compiled
4678 pursuant to paragraph (15)(c), to the state land planning agency
4679 as specified in the agency’s procedural rules within 10 working
4680 days after adoption. The local governing body shall also
4681 transmit a copy of the adopted comprehensive plan or plan
4682 amendment to the regional planning agency and to any other unit
4683 of local government or governmental agency in the state that has
4684 filed a written request with the governing body for a copy of
4685 the plan or plan amendment.
4686 (b) If the adopted plan amendment is unchanged from the
4687 proposed plan amendment transmitted pursuant to subsection (3)
4688 and an affected person as defined in paragraph (1)(a) did not
4689 raise any objection, the state land planning agency did not
4690 review the proposed plan amendment, and the state land planning
4691 agency did not raise any objections during its review pursuant
4692 to subsection (6), the local government may state in the
4693 transmittal letter that the plan amendment is unchanged and was
4694 not the subject of objections.
4695 (8) NOTICE OF INTENT.—
4696 (a) If the transmittal letter correctly states that the
4697 plan amendment is unchanged and was not the subject of review or
4698 objections pursuant to paragraph (7)(b), the state land planning
4699 agency has 20 days after receipt of the transmittal letter
4700 within which to issue a notice of intent that the plan amendment
4701 is in compliance.
4702 (b) Except as provided in paragraph (a) or in s.
4703 163.3187(3), the state land planning agency, upon receipt of a
4704 local government’s complete adopted comprehensive plan or plan
4705 amendment, shall have 45 days for review and to determine if the
4706 plan or plan amendment is in compliance with this act, unless
4707 the amendment is the result of a compliance agreement entered
4708 into under subsection (16), in which case the time period for
4709 review and determination shall be 30 days. If review was not
4710 conducted under subsection (6), the agency’s determination must
4711 be based upon the plan amendment as adopted. If review was
4712 conducted under subsection (6), the agency’s determination of
4713 compliance must be based only upon one or both of the following:
4714 1. The state land planning agency’s written comments to the
4715 local government pursuant to subsection (6); or
4716 2. Any changes made by the local government to the
4717 comprehensive plan or plan amendment as adopted.
4718 (c)1. During the time period provided for in this
4719 subsection, the state land planning agency shall issue, through
4720 a senior administrator or the secretary, as specified in the
4721 agency’s procedural rules, a notice of intent to find that the
4722 plan or plan amendment is in compliance or not in compliance. A
4723 notice of intent shall be issued by publication in the manner
4724 provided by this paragraph and by mailing a copy to the local
4725 government. The advertisement shall be placed in that portion of
4726 the newspaper where legal notices appear. The advertisement
4727 shall be published in a newspaper that meets the size and
4728 circulation requirements set forth in paragraph (15)(e) and that
4729 has been designated in writing by the affected local government
4730 at the time of transmittal of the amendment. Publication by the
4731 state land planning agency of a notice of intent in the
4732 newspaper designated by the local government shall be prima
4733 facie evidence of compliance with the publication requirements
4734 of this section. The state land planning agency shall post a
4735 copy of the notice of intent on the agency’s Internet site. The
4736 agency shall, no later than the date the notice of intent is
4737 transmitted to the newspaper, send by regular mail a courtesy
4738 informational statement to persons who provide their names and
4739 addresses to the local government at the transmittal hearing or
4740 at the adoption hearing where the local government has provided
4741 the names and addresses of such persons to the department at the
4742 time of transmittal of the adopted amendment. The informational
4743 statements shall include the name of the newspaper in which the
4744 notice of intent will appear, the approximate date of
4745 publication, the ordinance number of the plan or plan amendment,
4746 and a statement that affected persons have 21 days after the
4747 actual date of publication of the notice to file a petition.
4748 2. A local government that has an Internet site shall post
4749 a copy of the state land planning agency’s notice of intent on
4750 the site within 5 days after receipt of the mailed copy of the
4751 agency’s notice of intent.
4752 (9) PROCESS IF LOCAL PLAN OR AMENDMENT IS IN COMPLIANCE.—
4753 (a) If the state land planning agency issues a notice of
4754 intent to find that the comprehensive plan or plan amendment
4755 transmitted pursuant to s. 163.3167, s. 163.3187, s. 163.3189,
4756 or s. 163.3191 is in compliance with this act, any affected
4757 person may file a petition with the agency pursuant to ss.
4758 120.569 and 120.57 within 21 days after the publication of
4759 notice. In this proceeding, the local plan or plan amendment
4760 shall be determined to be in compliance if the local
4761 government’s determination of compliance is fairly debatable.
4762 (b) The hearing shall be conducted by an administrative law
4763 judge of the Division of Administrative Hearings of the
4764 Department of Management Services, who shall hold the hearing in
4765 the county of and convenient to the affected local jurisdiction
4766 and submit a recommended order to the state land planning
4767 agency. The state land planning agency shall allow for the
4768 filing of exceptions to the recommended order and shall issue a
4769 final order after receipt of the recommended order if the state
4770 land planning agency determines that the plan or plan amendment
4771 is in compliance. If the state land planning agency determines
4772 that the plan or plan amendment is not in compliance, the agency
4773 shall submit the recommended order to the Administration
4774 Commission for final agency action.
4775 (10) PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN
4776 COMPLIANCE.—
4777 (a) If the state land planning agency issues a notice of
4778 intent to find the comprehensive plan or plan amendment not in
4779 compliance with this act, the notice of intent shall be
4780 forwarded to the Division of Administrative Hearings of the
4781 Department of Management Services, which shall conduct a
4782 proceeding under ss. 120.569 and 120.57 in the county of and
4783 convenient to the affected local jurisdiction. The parties to
4784 the proceeding shall be the state land planning agency, the
4785 affected local government, and any affected person who
4786 intervenes. No new issue may be alleged as a reason to find a
4787 plan or plan amendment not in compliance in an administrative
4788 pleading filed more than 21 days after publication of notice
4789 unless the party seeking that issue establishes good cause for
4790 not alleging the issue within that time period. Good cause shall
4791 not include excusable neglect. In the proceeding, the local
4792 government’s determination that the comprehensive plan or plan
4793 amendment is in compliance is presumed to be correct. The local
4794 government’s determination shall be sustained unless it is shown
4795 by a preponderance of the evidence that the comprehensive plan
4796 or plan amendment is not in compliance. The local government’s
4797 determination that elements of its plans are related to and
4798 consistent with each other shall be sustained if the
4799 determination is fairly debatable.
4800 (b) The administrative law judge assigned by the division
4801 shall submit a recommended order to the Administration
4802 Commission for final agency action.
4803 (c) Prior to the hearing, the state land planning agency
4804 shall afford an opportunity to mediate or otherwise resolve the
4805 dispute. If a party to the proceeding requests mediation or
4806 other alternative dispute resolution, the hearing may not be
4807 held until the state land planning agency advises the
4808 administrative law judge in writing of the results of the
4809 mediation or other alternative dispute resolution. However, the
4810 hearing may not be delayed for longer than 90 days for mediation
4811 or other alternative dispute resolution unless a longer delay is
4812 agreed to by the parties to the proceeding. The costs of the
4813 mediation or other alternative dispute resolution shall be borne
4814 equally by all of the parties to the proceeding.
4815 (11) ADMINISTRATION COMMISSION.—
4816 (a) If the Administration Commission, upon a hearing
4817 pursuant to subsection (9) or subsection (10), finds that the
4818 comprehensive plan or plan amendment is not in compliance with
4819 this act, the commission shall specify remedial actions which
4820 would bring the comprehensive plan or plan amendment into
4821 compliance. The commission may direct state agencies not to
4822 provide funds to increase the capacity of roads, bridges, or
4823 water and sewer systems within the boundaries of those local
4824 governmental entities which have comprehensive plans or plan
4825 elements that are determined not to be in compliance. The
4826 commission order may also specify that the local government
4827 shall not be eligible for grants administered under the
4828 following programs:
4829 1. The Florida Small Cities Community Development Block
4830 Grant Program, as authorized by ss. 290.0401-290.049.
4831 2. The Florida Recreation Development Assistance Program,
4832 as authorized by chapter 375.
4833 3. Revenue sharing pursuant to ss. 206.60, 210.20, and
4834 218.61 and chapter 212, to the extent not pledged to pay back
4835 bonds.
4836 (b) If the local government is one which is required to
4837 include a coastal management element in its comprehensive plan
4838 pursuant to s. 163.3177(6)(g), the commission order may also
4839 specify that the local government is not eligible for funding
4840 pursuant to s. 161.091. The commission order may also specify
4841 that the fact that the coastal management element has been
4842 determined to be not in compliance shall be a consideration when
4843 the department considers permits under s. 161.053 and when the
4844 Board of Trustees of the Internal Improvement Trust Fund
4845 considers whether to sell, convey any interest in, or lease any
4846 sovereignty lands or submerged lands until the element is
4847 brought into compliance.
4848 (c) The sanctions provided by paragraphs (a) and (b) do
4849 shall not apply to a local government regarding any plan
4850 amendment, except for plan amendments that amend plans that have
4851 not been finally determined to be in compliance with this part,
4852 and except as provided in s. 163.3189(2) or s. 163.3191(9) s.
4853 163.3191(11).
4854 (12) GOOD FAITH FILING.—The signature of an attorney or
4855 party constitutes a certificate that he or she has read the
4856 pleading, motion, or other paper and that, to the best of his or
4857 her knowledge, information, and belief formed after reasonable
4858 inquiry, it is not interposed for any improper purpose, such as
4859 to harass or to cause unnecessary delay, or for economic
4860 advantage, competitive reasons, or frivolous purposes or
4861 needless increase in the cost of litigation. If a pleading,
4862 motion, or other paper is signed in violation of these
4863 requirements, the administrative law judge, upon motion or his
4864 or her own initiative, shall impose upon the person who signed
4865 it, a represented party, or both, an appropriate sanction, which
4866 may include an order to pay to the other party or parties the
4867 amount of reasonable expenses incurred because of the filing of
4868 the pleading, motion, or other paper, including a reasonable
4869 attorney’s fee.
4870 (13) EXCLUSIVE PROCEEDINGS.—The proceedings under this
4871 section shall be the sole proceeding or action for a
4872 determination of whether a local government’s plan, element, or
4873 amendment is in compliance with this act.
4874 (14) AREAS OF CRITICAL STATE CONCERN.—No proposed local
4875 government comprehensive plan or plan amendment which is
4876 applicable to a designated area of critical state concern shall
4877 be effective until a final order is issued finding the plan or
4878 amendment to be in compliance as defined in this section.
4879 (15) PUBLIC HEARINGS.—
4880 (a) The procedure for transmittal of a complete proposed
4881 comprehensive plan or plan amendment pursuant to subsection (3)
4882 and for adoption of a comprehensive plan or plan amendment
4883 pursuant to subsection (7) shall be by affirmative vote of not
4884 less than a majority of the members of the governing body
4885 present at the hearing. The adoption of a comprehensive plan or
4886 plan amendment shall be by ordinance. For the purposes of
4887 transmitting or adopting a comprehensive plan or plan amendment,
4888 the notice requirements in chapters 125 and 166 are superseded
4889 by this subsection, except as provided in this part.
4890 (b) The local governing body shall hold at least two
4891 advertised public hearings on the proposed comprehensive plan or
4892 plan amendment as follows:
4893 1. The first public hearing shall be held at the
4894 transmittal stage pursuant to subsection (3). It shall be held
4895 on a weekday at least 7 days after the day that the first
4896 advertisement is published.
4897 2. The second public hearing shall be held at the adoption
4898 stage pursuant to subsection (7). It shall be held on a weekday
4899 at least 5 days after the day that the second advertisement is
4900 published.
4901 (c) The local government shall provide a sign-in form at
4902 the transmittal hearing and at the adoption hearing for persons
4903 to provide their names and mailing addresses. The sign-in form
4904 must advise that any person providing the requested information
4905 will receive a courtesy informational statement concerning
4906 publications of the state land planning agency’s notice of
4907 intent. The local government shall add to the sign-in form the
4908 name and address of any person who submits written comments
4909 concerning the proposed plan or plan amendment during the time
4910 period between the commencement of the transmittal hearing and
4911 the end of the adoption hearing. It is the responsibility of the
4912 person completing the form or providing written comments to
4913 accurately, completely, and legibly provide all information
4914 needed in order to receive the courtesy informational statement.
4915 (d) The agency shall provide a model sign-in form for
4916 providing the list to the agency which may be used by the local
4917 government to satisfy the requirements of this subsection.
4918 (e) If the proposed comprehensive plan or plan amendment
4919 changes the actual list of permitted, conditional, or prohibited
4920 uses within a future land use category or changes the actual
4921 future land use map designation of a parcel or parcels of land,
4922 the required advertisements shall be in the format prescribed by
4923 s. 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a
4924 municipality.
4925 (16) COMPLIANCE AGREEMENTS.—
4926 (a) At any time following the issuance of a notice of
4927 intent to find a comprehensive plan or plan amendment not in
4928 compliance with this part or after the initiation of a hearing
4929 pursuant to subsection (9), the state land planning agency and
4930 the local government may voluntarily enter into a compliance
4931 agreement to resolve one or more of the issues raised in the
4932 proceedings. Affected persons who have initiated a formal
4933 proceeding or have intervened in a formal proceeding may also
4934 enter into the compliance agreement. All parties granted
4935 intervenor status shall be provided reasonable notice of the
4936 commencement of a compliance agreement negotiation process and a
4937 reasonable opportunity to participate in such negotiation
4938 process. Negotiation meetings with local governments or
4939 intervenors shall be open to the public. The state land planning
4940 agency shall provide each party granted intervenor status with a
4941 copy of the compliance agreement within 10 days after the
4942 agreement is executed. The compliance agreement shall list each
4943 portion of the plan or plan amendment which is not in
4944 compliance, and shall specify remedial actions which the local
4945 government must complete within a specified time in order to
4946 bring the plan or plan amendment into compliance, including
4947 adoption of all necessary plan amendments. The compliance
4948 agreement may also establish monitoring requirements and
4949 incentives to ensure that the conditions of the compliance
4950 agreement are met.
4951 (b) Upon filing by the state land planning agency of a
4952 compliance agreement executed by the agency and the local
4953 government with the Division of Administrative Hearings, any
4954 administrative proceeding under ss. 120.569 and 120.57 regarding
4955 the plan or plan amendment covered by the compliance agreement
4956 shall be stayed.
4957 (c) Prior to its execution of a compliance agreement, the
4958 local government must approve the compliance agreement at a
4959 public hearing advertised at least 10 days before the public
4960 hearing in a newspaper of general circulation in the area in
4961 accordance with the advertisement requirements of subsection
4962 (15).
4963 (d) A local government may adopt a plan amendment pursuant
4964 to a compliance agreement in accordance with the requirements of
4965 paragraph (15)(a). The plan amendment shall be exempt from the
4966 requirements of subsections (2)-(7). The local government shall
4967 hold a single adoption public hearing pursuant to the
4968 requirements of subparagraph (15)(b)2. and paragraph (15)(e).
4969 Within 10 working days after adoption of a plan amendment, the
4970 local government shall transmit the amendment to the state land
4971 planning agency as specified in the agency’s procedural rules,
4972 and shall submit one copy to the regional planning agency and to
4973 any other unit of local government or government agency in the
4974 state that has filed a written request with the governing body
4975 for a copy of the plan amendment, and one copy to any party to
4976 the proceeding under ss. 120.569 and 120.57 granted intervenor
4977 status.
4978 (e) The state land planning agency, upon receipt of a plan
4979 amendment adopted pursuant to a compliance agreement, shall
4980 issue a cumulative notice of intent addressing both the
4981 compliance agreement amendment and the plan or plan amendment
4982 that was the subject of the agreement, in accordance with
4983 subsection (8).
4984 (f)1. If the local government adopts a comprehensive plan
4985 amendment pursuant to a compliance agreement and a notice of
4986 intent to find the plan amendment in compliance is issued, the
4987 state land planning agency shall forward the notice of intent to
4988 the Division of Administrative Hearings and the administrative
4989 law judge shall realign the parties in the pending proceeding
4990 under ss. 120.569 and 120.57, which shall thereafter be governed
4991 by the process contained in paragraphs (9)(a) and (b), including
4992 provisions relating to challenges by an affected person, burden
4993 of proof, and issues of a recommended order and a final order,
4994 except as provided in subparagraph 2. Parties to the original
4995 proceeding at the time of realignment may continue as parties
4996 without being required to file additional pleadings to initiate
4997 a proceeding, but may timely amend their pleadings to raise any
4998 challenge to the amendment which is the subject of the
4999 cumulative notice of intent, and must otherwise conform to the
5000 rules of procedure of the Division of Administrative Hearings.
5001 Any affected person not a party to the realigned proceeding may
5002 challenge the plan amendment which is the subject of the
5003 cumulative notice of intent by filing a petition with the agency
5004 as provided in subsection (9). The agency shall forward the
5005 petition filed by the affected person not a party to the
5006 realigned proceeding to the Division of Administrative Hearings
5007 for consolidation with the realigned proceeding.
5008 2. If any of the issues raised by the state land planning
5009 agency in the original subsection (10) proceeding are not
5010 resolved by the compliance agreement amendments, any intervenor
5011 in the original subsection (10) proceeding may require those
5012 issues to be addressed in the pending consolidated realigned
5013 proceeding under ss. 120.569 and 120.57. As to those unresolved
5014 issues, the burden of proof shall be governed by subsection
5015 (10).
5016 3. If the local government adopts a comprehensive plan
5017 amendment pursuant to a compliance agreement and a notice of
5018 intent to find the plan amendment not in compliance is issued,
5019 the state land planning agency shall forward the notice of
5020 intent to the Division of Administrative Hearings, which shall
5021 consolidate the proceeding with the pending proceeding and
5022 immediately set a date for hearing in the pending proceeding
5023 under ss. 120.569 and 120.57. Affected persons who are not a
5024 party to the underlying proceeding under ss. 120.569 and 120.57
5025 may challenge the plan amendment adopted pursuant to the
5026 compliance agreement by filing a petition pursuant to subsection
5027 (10).
5028 (g) If the local government fails to adopt a comprehensive
5029 plan amendment pursuant to a compliance agreement, the state
5030 land planning agency shall notify the Division of Administrative
5031 Hearings, which shall set the hearing in the pending proceeding
5032 under ss. 120.569 and 120.57 at the earliest convenient time.
5033 (h) This subsection does not prohibit a local government
5034 from amending portions of its comprehensive plan other than
5035 those which are the subject of the compliance agreement.
5036 However, such amendments to the plan may not be inconsistent
5037 with the compliance agreement.
5038 (i) Nothing in this subsection is intended to limit the
5039 parties from entering into a compliance agreement at any time
5040 before the final order in the proceeding is issued, provided
5041 that the provisions of paragraph (c) shall apply regardless of
5042 when the compliance agreement is reached.
5043 (j) Nothing in this subsection is intended to force any
5044 party into settlement against its will or to preclude the use of
5045 other informal dispute resolution methods, such as the services
5046 offered by the Florida Growth Management Dispute Resolution
5047 Consortium, in the course of or in addition to the method
5048 described in this subsection.
5049 (17) COMMUNITY VISION AND URBAN BOUNDARY PLAN AMENDMENTS.—A
5050 local government that has adopted a community vision and urban
5051 service boundary under s. 163.3177(13) and (14) may adopt a plan
5052 amendment related to map amendments solely to property within an
5053 urban service boundary in the manner described in subsections
5054 (1), (2), (7), (14), (15), and (16) and s. 163.3187(1)(c)1.d.
5055 and e., 2., and 3., such that state and regional agency review
5056 is eliminated. The department may not issue an objections,
5057 recommendations, and comments report on proposed plan amendments
5058 or a notice of intent on adopted plan amendments; however,
5059 affected persons, as defined by paragraph (1)(a), may file a
5060 petition for administrative review pursuant to the requirements
5061 of s. 163.3187(3)(a) to challenge the compliance of an adopted
5062 plan amendment. This subsection does not apply to any amendment
5063 within an area of critical state concern, to any amendment that
5064 increases residential densities allowable in high-hazard coastal
5065 areas as defined in s. 163.3178(2)(h), or to a text change to
5066 the goals, policies, or objectives of the local government’s
5067 comprehensive plan. Amendments submitted under this subsection
5068 are exempt from the limitation on the frequency of plan
5069 amendments in s. 163.3187.
5070 (18) URBAN INFILL AND REDEVELOPMENT PLAN AMENDMENTS.—A
5071 municipality that has a designated urban infill and
5072 redevelopment area under s. 163.2517 may adopt a plan amendment
5073 related to map amendments solely to property within a designated
5074 urban infill and redevelopment area in the manner described in
5075 subsections (1), (2), (7), (14), (15), and (16) and s.
5076 163.3187(1)(c)1.d. and e., 2., and 3., such that state and
5077 regional agency review is eliminated. The department may not
5078 issue an objections, recommendations, and comments report on
5079 proposed plan amendments or a notice of intent on adopted plan
5080 amendments; however, affected persons, as defined by paragraph
5081 (1)(a), may file a petition for administrative review pursuant
5082 to the requirements of s. 163.3187(3)(a) to challenge the
5083 compliance of an adopted plan amendment. This subsection does
5084 not apply to any amendment within an area of critical state
5085 concern, to any amendment that increases residential densities
5086 allowable in high-hazard coastal areas as defined in s.
5087 163.3178(2)(h), or to a text change to the goals, policies, or
5088 objectives of the local government’s comprehensive plan.
5089 Amendments submitted under this subsection are exempt from the
5090 limitation on the frequency of plan amendments in s. 163.3187.
5091 (19) HOUSING INCENTIVE STRATEGY PLAN AMENDMENTS.—Any local
5092 government that identifies in its comprehensive plan the types
5093 of housing developments and conditions for which it will
5094 consider plan amendments that are consistent with the local
5095 housing incentive strategies identified in s. 420.9076 and
5096 authorized by the local government may expedite consideration of
5097 such plan amendments. At least 30 days prior to adopting a plan
5098 amendment pursuant to this subsection, the local government
5099 shall notify the state land planning agency of its intent to
5100 adopt such an amendment, and the notice shall include the local
5101 government’s evaluation of site suitability and availability of
5102 facilities and services. A plan amendment considered under this
5103 subsection shall require only a single public hearing before the
5104 local governing body, which shall be a plan amendment adoption
5105 hearing as described in subsection (7). The public notice of the
5106 hearing required under subparagraph (15)(b)2. must include a
5107 statement that the local government intends to use the expedited
5108 adoption process authorized under this subsection. The state
5109 land planning agency shall issue its notice of intent required
5110 under subsection (8) within 30 days after determining that the
5111 amendment package is complete. Any further proceedings shall be
5112 governed by subsections (9)-(16).
5113 Section 15. Subsection (6) of section 163.3187, Florida
5114 Statutes, is amended to read:
5115 163.3187 Amendment of adopted comprehensive plan.—
5116 (6)(a) No local government may amend its comprehensive plan
5117 after the date established by the state land planning agency for
5118 adoption of its evaluation and appraisal report unless it has
5119 submitted its report or addendum to the state land planning
5120 agency as prescribed by s. 163.3191, except for plan amendments
5121 described in paragraph (1)(b) or paragraph (1)(h).
5122 (b) A local government may amend its comprehensive plan
5123 after it has submitted its adopted evaluation and appraisal
5124 report and for a period of 1 year after the initial
5125 determination of sufficiency regardless of whether the report
5126 has been determined to be insufficient.
5127 (c) A local government may not amend its comprehensive
5128 plan, except for plan amendments described in paragraph (1)(b),
5129 if the 1-year period after the initial sufficiency determination
5130 of the report has expired and the report has not been determined
5131 to be sufficient.
5132 (d) When the state land planning agency has determined that
5133 the report has sufficiently addressed all pertinent provisions
5134 of s. 163.3191, the local government may amend its comprehensive
5135 plan without the limitations imposed by paragraph (a) or
5136 paragraph (c).
5137 (e) Any plan amendment which a local government attempts to
5138 adopt in violation of paragraph (a) or paragraph (c) is invalid,
5139 but such invalidity may be overcome if the local government
5140 readopts the amendment and transmits the amendment to the state
5141 land planning agency pursuant to s. 163.3184(7) after the report
5142 is determined to be sufficient.
5143 Section 16. Section 163.3189, Florida Statutes, is
5144 repealed.
5145 Section 17. Section 163.3191, Florida Statutes, is amended
5146 to read:
5147 163.3191 Evaluation and appraisal of comprehensive plan.—
5148 (1) The planning program shall be a continuous and ongoing
5149 process. As the first step in adopting an updated comprehensive
5150 plan, each Each local government shall prepare adopt an
5151 evaluation and appraisal report once every 7 years assessing the
5152 progress in implementing the local government’s comprehensive
5153 plan. unless:
5154 (a) The local government qualifies as a municipality of
5155 special financial concern, as defined in s. 200.185(1)(b), with
5156 a per capital taxable value of assessed property of $58,000 or
5157 less; or
5158 (b) The local government is a municipality with a
5159 population under 20,000 with a per capita taxable value of
5160 assessed property of $46,000 or less; or
5161 (c) The local government qualifies as a small county as
5162 that term is defined in s. 120.52(19).
5163 The report, including the data and analysis included in the
5164 report, shall be one basis for updating the local comprehensive
5165 plan. The updated comprehensive plan shall be adopted after the
5166 preparation of the report. A local government not required to
5167 prepare a report is not required to update its comprehensive
5168 plan as set forth in this section.
5169 (2) Furthermore, it is the intent of this section that:
5170 (a) Adopted comprehensive plans be updated reviewed through
5171 such evaluation process to respond to changes in state,
5172 regional, and local policies on planning and growth management
5173 and changing conditions and trends, to ensure effective
5174 intergovernmental coordination, and to identify major issues
5175 regarding the community’s achievement of its goals.
5176 (b) The initial evaluation and appraisal report shall be
5177 based on the original comprehensive plan. After completion of
5178 the initial evaluation and appraisal report and any supporting
5179 plan amendments, each subsequent evaluation and appraisal report
5180 must evaluate the comprehensive plan as amended by the most
5181 recent evaluation and appraisal report update amendments in
5182 effect at the time of the initiation of the evaluation and
5183 appraisal report process.
5184 (c) Local governments identify the major issues as part of,
5185 if applicable, with input from state agencies, regional
5186 agencies, adjacent local governments, and the public in the
5187 evaluation and appraisal report process. The Legislature
5188 encourages local governments to incorporate visioning, as set
5189 forth at s. 163.3167(11), or other similar techniques, as part
5190 of the process to foster public participation and to aid in
5191 identifying the major issues.
5192 (d) It is also the intent of this section to establish
5193 minimum requirements for information to ensure predictability,
5194 certainty, and integrity in the growth management process. The
5195 report is intended to serve as a summary audit of the actions
5196 that a local government has undertaken and identify changes that
5197 it may need to make. The report should be based on the local
5198 government’s analysis of major issues to further the community’s
5199 goals consistent with statewide minimum standards. The report is
5200 not intended to require a comprehensive rewrite of the elements
5201 within the local plan, unless a local government chooses to do
5202 so.
5203 (3)(2) The report shall present an evaluation and
5204 assessment of the comprehensive plan and is encouraged to shall
5205 contain appropriate statements to update the comprehensive plan,
5206 including, but not limited to, words, maps, illustrations, or
5207 other media, related to:
5208 (a) Community-wide assessment
5209 1.(a) Population growth and changes in land area, including
5210 annexation, including projections for the next long-term
5211 planning timeframe since the adoption of the original plan or
5212 the most recent update amendments.
5213 2.(b) The extent of vacant and developable land for each
5214 future land use category included in the plan.
5215 3.(c) An evaluation of the extent to which The financial
5216 feasibility of implementing the comprehensive plan and of
5217 providing needed infrastructure was provided during the
5218 evaluation period to address infrastructure backlogs and meet
5219 the demands of growth on public services and facilities to
5220 achieve and maintain through the achievement and maintenance of
5221 adopted level-of-service standards and sustain sustainment of
5222 concurrency management systems through the capital improvements
5223 element, as well as the ability to address infrastructure
5224 backlogs and meet the demands of growth on public services and
5225 facilities.
5226 4.(d) The location of existing development in relation to
5227 the location of development as anticipated in the original plan,
5228 or in the plan as amended by the most recent evaluation and
5229 appraisal report update amendments, such as within areas
5230 designated for urban growth.
5231 (e) An identification of the major issues for the
5232 jurisdiction and, where pertinent, the potential social,
5233 economic, and environmental impacts.
5234 5.(f) Relevant changes to the state comprehensive plan, the
5235 requirements of this part, the minimum criteria contained in
5236 chapter 9J-5, Florida Administrative Code, and the appropriate
5237 strategic regional policy plan since the adoption of the
5238 original plan or the most recent evaluation and appraisal report
5239 update amendments.
5240 (g) An assessment of whether the plan objectives within
5241 each element, as they relate to major issues, have been
5242 achieved. The report shall include, as appropriate, an
5243 identification as to whether unforeseen or unanticipated changes
5244 in circumstances have resulted in problems or opportunities with
5245 respect to major issues identified in each element and the
5246 social, economic, and environmental impacts of the issue.
5247 6.(h) A brief assessment of successes and shortcomings
5248 related to each element of the plan.
5249 7. A summary of the public participation program and
5250 activities undertaken by the local government in preparing the
5251 report.
5252 (b) Evaluation of Major Community Planning Issues.
5253 1. An identification of the major issues for the
5254 jurisdiction and, where pertinent, the potential social,
5255 economic, and environmental impacts.
5256 2. An assessment of whether the plan objectives within each
5257 element, as they relate to major issues, have been achieved. The
5258 report shall include, as appropriate, identification as to
5259 whether unforeseen or unanticipated changes in circumstances
5260 have resulted in problems or opportunities with respect to major
5261 issues identified in each element and the social, economic, and
5262 environmental impacts of the issue.
5263 3.(i) The identification of any actions or corrective
5264 measures, including whether plan amendments, are anticipated to
5265 address the major issues identified and analyzed in the report.
5266 Such identification shall include, as appropriate, new
5267 population projections, new revised updated planning timeframes,
5268 a updated revised future conditions map or map series, an
5269 updated capital improvements element, and any new and revised
5270 updated goals, objectives, and policies for major issues
5271 identified within each element. Recommended changes to the
5272 comprehensive plan shall be summarized in a single section of
5273 the report. This paragraph shall not require the submittal of
5274 the plan amendments with the evaluation and appraisal report.
5275 (j) A summary of the public participation program and
5276 activities undertaken by the local government in preparing the
5277 report.
5278 (k) The coordination of the comprehensive plan with
5279 existing public schools and those identified in the applicable
5280 educational facilities plan adopted pursuant to s. 1013.35. The
5281 assessment shall address, where relevant, the success or failure
5282 of the coordination of the future land use map and associated
5283 planned residential development with public schools and their
5284 capacities, as well as the joint decisionmaking processes
5285 engaged in by the local government and the school board in
5286 regard to establishing appropriate population projections and
5287 the planning and siting of public school facilities. For those
5288 counties or municipalities that do not have a public schools
5289 interlocal agreement or public school facilities element, the
5290 assessment shall determine whether the local government
5291 continues to meet the criteria of s. 163.3177(12). If the county
5292 or municipality determines that it no longer meets the criteria,
5293 it must adopt appropriate school concurrency goals, objectives,
5294 and policies in its plan amendments pursuant to the requirements
5295 of the public school facilities element, and enter into the
5296 existing interlocal agreement required by ss. 163.3177(6)(h)2.
5297 and 163.31777 in order to fully participate in the school
5298 concurrency system.
5299 (l) The extent to which the local government has been
5300 successful in identifying alternative water supply projects and
5301 traditional water supply projects, including conservation and
5302 reuse, necessary to meet the water needs identified in s.
5303 373.709(2)(a) within the local government’s jurisdiction. The
5304 report must evaluate the degree to which the local government
5305 has implemented the work plan for building public, private, and
5306 regional water supply facilities, including development of
5307 alternative water supplies, identified in the element as
5308 necessary to serve existing and new development.
5309 (m) If any of the jurisdiction of the local government is
5310 located within the coastal high-hazard area, an evaluation of
5311 whether any past reduction in land use density impairs the
5312 property rights of current residents when redevelopment occurs,
5313 including, but not limited to, redevelopment following a natural
5314 disaster. The property rights of current residents shall be
5315 balanced with public safety considerations. The local government
5316 must identify strategies to address redevelopment feasibility
5317 and the property rights of affected residents. These strategies
5318 may include the authorization of redevelopment up to the actual
5319 built density in existence on the property prior to the natural
5320 disaster or redevelopment.
5321 4.(n) An assessment of whether the criteria adopted
5322 pursuant to s. 163.3177(6)(a) were successful in achieving
5323 compatibility with military installations.
5324 (o) The extent to which a concurrency exception area
5325 designated pursuant to s. 163.3180(5), a concurrency management
5326 area designated pursuant to s. 163.3180(7), or a multimodal
5327 transportation district designated pursuant to s. 163.3180(15)
5328 has achieved the purpose for which it was created and otherwise
5329 complies with the provisions of s. 163.3180.
5330 (p) An assessment of the extent to which changes are needed
5331 to develop a common methodology for measuring impacts on
5332 transportation facilities for the purpose of implementing its
5333 concurrency management system in coordination with the
5334 municipalities and counties, as appropriate pursuant to s.
5335 163.3180(10).
5336 (3) Voluntary scoping meetings may be conducted by each
5337 local government or several local governments within the same
5338 county that agree to meet together. Joint meetings among all
5339 local governments in a county are encouraged. All scoping
5340 meetings shall be completed at least 1 year prior to the
5341 established adoption date of the report. The purpose of the
5342 meetings shall be to distribute data and resources available to
5343 assist in the preparation of the report, to provide input on
5344 major issues in each community that should be addressed in the
5345 report, and to advise on the extent of the effort for the
5346 components of subsection (2). If scoping meetings are held, the
5347 local government shall invite each state and regional reviewing
5348 agency, as well as adjacent and other affected local
5349 governments. A preliminary list of new data and major issues
5350 that have emerged since the adoption of the original plan, or
5351 the most recent evaluation and appraisal report-based update
5352 amendments, should be developed by state and regional entities
5353 and involved local governments for distribution at the scoping
5354 meeting. For purposes of this subsection, a “scoping meeting” is
5355 a meeting conducted to determine the scope of review of the
5356 evaluation and appraisal report by parties to which the report
5357 relates.
5358 (4) The local planning agency shall prepare the evaluation
5359 and appraisal report and updated comprehensive plan and shall
5360 make recommendations to the governing body regarding adoption of
5361 the proposed report plan. The local planning agency shall
5362 prepare the report in conformity with its public participation
5363 procedures adopted as required by s. 163.3181. During the
5364 preparation of the proposed report and prior to making any
5365 recommendation to the governing body, the local planning agency
5366 shall hold at least one public hearing, with public notice, on
5367 the proposed report. At a minimum, the format and content of the
5368 proposed report shall include a table of contents; numbered
5369 pages; element headings; section headings within elements; a
5370 list of included tables, maps, and figures; a title and sources
5371 for all included tables; a preparation date; and the name of the
5372 preparer. Where applicable, maps shall include major natural and
5373 artificial geographic features; city, county, and state lines;
5374 and a legend indicating a north arrow, map scale, and the date.
5375 (5) Ninety days prior to the scheduled adoption date, the
5376 local government may provide a proposed evaluation and appraisal
5377 report to the state land planning agency and distribute copies
5378 to state and regional commenting agencies as prescribed by rule,
5379 adjacent jurisdictions, and interested citizens for review. All
5380 review comments, including comments by the state land planning
5381 agency, shall be transmitted to the local government and state
5382 land planning agency within 30 days after receipt of the
5383 proposed report.
5384 (6) The governing body, after considering the review
5385 comments and recommended changes, if any, shall adopt the
5386 evaluation and appraisal report by resolution or ordinance at a
5387 public hearing with public notice. The governing body shall
5388 adopt the report in conformity with its public participation
5389 procedures adopted as required by s. 163.3181. The local
5390 government shall submit to the state land planning agency three
5391 copies of the report, a transmittal letter indicating the dates
5392 of public hearings, and a copy of the adoption resolution or
5393 ordinance. The local government shall provide a copy of the
5394 report to the reviewing agencies which provided comments for the
5395 proposed report, or to all the reviewing agencies if a proposed
5396 report was not provided pursuant to subsection (5), including
5397 the adjacent local governments. Within 60 days after receipt,
5398 the state land planning agency shall review the adopted report
5399 and make a preliminary sufficiency determination that shall be
5400 forwarded by the agency to the local government for its
5401 consideration. The state land planning agency shall issue a
5402 final sufficiency determination within 90 days after receipt of
5403 the adopted evaluation and appraisal report.
5404 (5)(7) The intent of the evaluation and appraisal process
5405 is the preparation of a plan update that clearly and concisely
5406 achieves the purpose of this section. The evaluation and
5407 appraisal report shall be submitted as data and analysis in
5408 support of the evaluation and appraisal report based amendments.
5409 Toward this end, the sufficiency review of the state land
5410 planning agency shall concentrate on whether the evaluation and
5411 appraisal report sufficiently fulfills the components of
5412 subsection (2). If the state land planning agency determines
5413 that the report is insufficient, the governing body shall adopt
5414 a revision of the report and submit the revised report for
5415 review pursuant to subsection (6).
5416 (8) The state land planning agency may delegate the review
5417 of evaluation and appraisal reports, including all state land
5418 planning agency duties under subsections (4)-(7), to the
5419 appropriate regional planning council. When the review has been
5420 delegated to a regional planning council, any local government
5421 in the region may elect to have its report reviewed by the
5422 regional planning council rather than the state land planning
5423 agency. The state land planning agency shall by agreement
5424 provide for uniform and adequate review of reports and shall
5425 retain oversight for any delegation of review to a regional
5426 planning council.
5427 (9) The state land planning agency may establish a phased
5428 schedule for adoption of reports. The schedule shall provide
5429 each local government at least 7 years from plan adoption or
5430 last established adoption date for a report and shall allot
5431 approximately one-seventh of the reports to any 1 year. In order
5432 to allow the municipalities to use data and analyses gathered by
5433 the counties, the state land planning agency shall schedule
5434 municipal report adoption dates between 1 year and 18 months
5435 later than the report adoption date for the county in which
5436 those municipalities are located. A local government may adopt
5437 its report no earlier than 90 days prior to the established
5438 adoption date. Small municipalities which were scheduled by
5439 chapter 9J-33, Florida Administrative Code, to adopt their
5440 evaluation and appraisal report after February 2, 1999, shall be
5441 rescheduled to adopt their report together with the other
5442 municipalities in their county as provided in this subsection.
5443 (6)(10) Local governments subject to this section shall
5444 update their comprehensive plans based on the requirements of
5445 this section at least once every 7 years. The governing body
5446 shall amend its comprehensive plan based on the recommendations
5447 in the report and shall update the comprehensive plan based on
5448 the components of subsection (2), pursuant to the provisions of
5449 ss. 163.3184, and 163.3187, and 163.3189. Amendments to update a
5450 comprehensive plan based on the evaluation and appraisal report
5451 shall be adopted during a single amendment cycle. within 18
5452 months after the report is determined to be sufficient by the
5453 state land planning agency, except the state land planning
5454 agency may grant an extension for adoption of a portion of such
5455 amendments. The state land planning agency may grant a 6-month
5456 extension for the adoption of such amendments if the request is
5457 justified by good and sufficient cause as determined by the
5458 agency. An additional extension may also be granted if the
5459 request will result in greater coordination between
5460 transportation and land use, for the purposes of improving
5461 Florida’s transportation system, as determined by the agency in
5462 coordination with the Metropolitan Planning Organization
5463 program. beginning July 1, 2006, failure to timely adopt and
5464 transmit update amendments to the comprehensive plan based on
5465 the evaluation and appraisal report shall result in a local
5466 government being prohibited from adopting amendments to the
5467 comprehensive plan until the evaluation and appraisal report
5468 update amendments have been adopted and transmitted to the state
5469 land planning agency. The prohibition on plan amendments shall
5470 commence when the update amendments to the comprehensive plan
5471 are past due. The comprehensive plan as amended shall be in
5472 compliance as defined in s. 163.3184(1)(b). Within 6 months
5473 after the effective date of the update amendments to the
5474 comprehensive plan, the local government shall provide to the
5475 state land planning agency and to all agencies designated by
5476 rule a complete copy of the updated comprehensive plan.
5477 (11) The Administration Commission may impose the sanctions
5478 provided by s. 163.3184(11) against any local government that
5479 fails to adopt and submit a report, or that fails to implement
5480 its report through timely and sufficient amendments to its local
5481 plan, except for reasons of excusable delay or valid planning
5482 reasons agreed to by the state land planning agency or found
5483 present by the Administration Commission. Sanctions for untimely
5484 or insufficient plan amendments shall be prospective only and
5485 shall begin after a final order has been issued by the
5486 Administration Commission and a reasonable period of time has
5487 been allowed for the local government to comply with an adverse
5488 determination by the Administration Commission through adoption
5489 of plan amendments that are in compliance. The state land
5490 planning agency may initiate, and an affected person may
5491 intervene in, such a proceeding by filing a petition with the
5492 Division of Administrative Hearings, which shall appoint an
5493 administrative law judge and conduct a hearing pursuant to ss.
5494 120.569 and 120.57(1) and shall submit a recommended order to
5495 the Administration Commission. The affected local government
5496 shall be a party to any such proceeding. The commission may
5497 implement this subsection by rule.
5498 (7)(12) The state land planning agency shall not adopt
5499 rules to implement this section, other than procedural rules.
5500 (13) The state land planning agency shall regularly review
5501 the evaluation and appraisal report process and submit a report
5502 to the Governor, the Administration Commission, the Speaker of
5503 the House of Representatives, the President of the Senate, and
5504 the respective community affairs committees of the Senate and
5505 the House of Representatives. The first report shall be
5506 submitted by December 31, 2004, and subsequent reports shall be
5507 submitted every 5 years thereafter. At least 9 months before the
5508 due date of each report, the Secretary of Community Affairs
5509 shall appoint a technical committee of at least 15 members to
5510 assist in the preparation of the report. The membership of the
5511 technical committee shall consist of representatives of local
5512 governments, regional planning councils, the private sector, and
5513 environmental organizations. The report shall assess the
5514 effectiveness of the evaluation and appraisal report process.
5515 (14) The requirement of subsection (10) prohibiting a local
5516 government from adopting amendments to the local comprehensive
5517 plan until the evaluation and appraisal report update amendments
5518 have been adopted and transmitted to the state land planning
5519 agency does not apply to a plan amendment proposed for adoption
5520 by the appropriate local government as defined in s.
5521 163.3178(2)(k) in order to integrate a port comprehensive master
5522 plan with the coastal management element of the local
5523 comprehensive plan as required by s. 163.3178(2)(k) if the port
5524 comprehensive master plan or the proposed plan amendment does
5525 not cause or contribute to the failure of the local government
5526 to comply with the requirements of the evaluation and appraisal
5527 report.
5528 Section 18. Present subsections (3), (4), (5), and (6) of
5529 section 163.3194, Florida Statutes, are renumbered as
5530 subsections (4), (5), (6), and (7), respectively, and a new
5531 subsection (3) is added to that section, to read:
5532 163.3194 Legal status of comprehensive plan.—
5533 (3) A governing body may not issue a development order or
5534 permit to erect, operate, use, or maintain a sign authorized by
5535 s. 479.07 unless the sign is located in an area designated for
5536 commercial or industrial use in a zoned or unzoned area or on a
5537 zoned or unzoned parcel.
5538 (a) As used in this subsection, the term:
5539 1. “Commercial or industrial use” means a parcel of land
5540 designated predominately for commercial or industrial uses under
5541 both the future land use map approved by the state land planning
5542 agency and the land use development regulations adopted pursuant
5543 to this chapter.
5544 2. “Zoned or unzoned area” means an area that is not
5545 specifically designated for commercial or industrial uses under
5546 the land development regulations and is located in an area
5547 designated by the future land use map of a plan approved by the
5548 state land planning agency for multiple uses that include
5549 commercial or industrial uses on which three or more separate
5550 and distinct conforming activities are located.
5551 3. “Zoned or unzoned parcel” means a parcel of land in a
5552 zoned or unzoned area.
5553 (b) If a parcel is located in an area designated for
5554 multiple uses on the future land use map of the comprehensive
5555 plan and the zoning category of the land development regulations
5556 does not clearly designate that parcel for a specific use, the
5557 parcel will be considered an unzoned commercial or industrial
5558 parcel if it meets the criteria of this subsection.
5559 (c) A development order or permit issued pursuant to a plan
5560 approved by the state land planning agency in a zoned or unzoned
5561 area or on a zoned or unzoned parcel authorized for commercial
5562 or industrial use is in compliance with s. 479.02, and the
5563 Department of Transportation may rely upon such determination by
5564 the local permitting agency.
5565 Section 19. Subsection (3) of section 163.3220, Florida
5566 Statutes, is amended to read:
5567 163.3220 Short title; legislative intent.—
5568 (3) In conformity with, in furtherance of, and to implement
5569 the Community Local Government Comprehensive Planning and Land
5570 Development Regulation Act and the Florida State Comprehensive
5571 Planning Act of 1972, it is the intent of the Legislature to
5572 encourage a stronger commitment to comprehensive and capital
5573 facilities planning, ensure the provision of adequate public
5574 facilities for development, encourage the efficient use of
5575 resources, and reduce the economic cost of development.
5576 Section 20. Subsections (2) and (11) of section 163.3221,
5577 Florida Statutes, are amended to read:
5578 163.3221 Florida Local Government Development Agreement
5579 Act; definitions.—As used in ss. 163.3220-163.3243:
5580 (2) “Comprehensive plan” means a plan adopted pursuant to
5581 the Community “Local Government Comprehensive Planning and Land
5582 Development Regulation Act.”
5583 (11) “Local planning agency” means the agency designated to
5584 prepare a comprehensive plan or plan amendment pursuant to the
5585 Community “Florida Local Government Comprehensive Planning and
5586 Land Development Regulation Act.”
5587 Section 21. Section 163.3229, Florida Statutes, is amended
5588 to read:
5589 163.3229 Duration of a development agreement and
5590 relationship to local comprehensive plan.—The duration of a
5591 development agreement may shall not exceed 20 years, unless it
5592 is. It may be extended by mutual consent of the governing body
5593 and the developer, subject to a public hearing in accordance
5594 with s. 163.3225. No development agreement shall be effective or
5595 be implemented by a local government unless the local
5596 government’s comprehensive plan and plan amendments implementing
5597 or related to the agreement are found in compliance by the state
5598 land planning agency in accordance with s. 163.3184, s.
5599 163.3187, or s. 163.3189.
5600 Section 22. Section 163.3235, Florida Statutes, is amended
5601 to read:
5602 163.3235 Periodic review of a development agreement.—A
5603 local government shall review land subject to a development
5604 agreement at least once every 12 months to determine if there
5605 has been demonstrated good faith compliance with the terms of
5606 the development agreement. For each annual review conducted
5607 during years 6 through 10 of a development agreement, the review
5608 shall be incorporated into a written report which shall be
5609 submitted to the parties to the agreement and the state land
5610 planning agency. The state land planning agency shall adopt
5611 rules regarding the contents of the report, provided that the
5612 report shall be limited to the information sufficient to
5613 determine the extent to which the parties are proceeding in good
5614 faith to comply with the terms of the development agreement. If
5615 the local government finds, on the basis of substantial
5616 competent evidence, that there has been a failure to comply with
5617 the terms of the development agreement, the agreement may be
5618 revoked or modified by the local government.
5619 Section 23. Section 163.3239, Florida Statutes, is amended
5620 to read:
5621 163.3239 Recording and effectiveness of a development
5622 agreement.—Within 14 days after a local government enters into a
5623 development agreement, the local government shall record the
5624 agreement with the clerk of the circuit court in the county
5625 where the local government is located. A copy of the recorded
5626 development agreement shall be submitted to the state land
5627 planning agency within 14 days after the agreement is recorded.
5628 A development agreement shall not be effective until it is
5629 properly recorded in the public records of the county and until
5630 30 days after having been received by the state land planning
5631 agency pursuant to this section. The burdens of the development
5632 agreement shall be binding upon, and the benefits of the
5633 agreement shall inure to, all successors in interest to the
5634 parties to the agreement.
5635 Section 24. Section 163.3243, Florida Statutes, is amended
5636 to read:
5637 163.3243 Enforcement.—Any party or, any aggrieved or
5638 adversely affected person as defined in s. 163.3215(2), or the
5639 state land planning agency may file an action for injunctive
5640 relief in the circuit court where the local government is
5641 located to enforce the terms of a development agreement or to
5642 challenge compliance of the agreement with the provisions of ss.
5643 163.3220-163.3243.
5644 Section 25. Section 163.3245, Florida Statutes, is amended
5645 to read:
5646 163.3245 Optional sector plans.—
5647 (1) In recognition of the benefits of conceptual long-range
5648 planning for the buildout of an area, and detailed planning for
5649 specific areas, as a demonstration project, the requirements of
5650 s. 380.06 may be addressed as identified by this section for up
5651 to five local governments or combinations of local governments
5652 which may adopt into their the comprehensive plans a plan an
5653 optional sector plan in accordance with this section. This
5654 section is intended to promote and encourage long-term planning
5655 for conservation, development, and agriculture on a landscape
5656 scale; to further the intent of s. 163.3177(11), which supports
5657 innovative and flexible planning and development strategies, and
5658 the purposes of this part, and part I of chapter 380,; to
5659 facilitate protection of regionally significant resources,
5660 including but not limited to regionally significant water
5661 courses and wildlife corridors; and to avoid duplication of
5662 effort in terms of the level of data and analysis required for a
5663 development of regional impact, while ensuring the adequate
5664 mitigation of impacts to applicable regional resources and
5665 facilities, including those within the jurisdiction of other
5666 local governments, as would otherwise be provided. Optional
5667 Sector plans are intended for substantial geographic areas that
5668 include including at least 15,000 5,000 acres of one or more
5669 local governmental jurisdictions and are to emphasize urban form
5670 and protection of regionally significant resources and public
5671 facilities. The state land planning agency may approve optional
5672 sector plans of less than 5,000 acres based on local
5673 circumstances if it is determined that the plan would further
5674 the purposes of this part and part I of chapter 380. Preparation
5675 of an optional sector plan is authorized by agreement between
5676 the state land planning agency and the applicable local
5677 governments under s. 163.3171(4). An optional sector plan may be
5678 adopted through one or more comprehensive plan amendments under
5679 s. 163.3184. However, an optional A sector plan may not be
5680 adopted authorized in an area of critical state concern.
5681 (2) The state land planning agency may enter into an
5682 agreement to authorize preparation of an optional sector plan
5683 upon the request of one or more local governments based on
5684 consideration of problems and opportunities presented by
5685 existing development trends; the effectiveness of current
5686 comprehensive plan provisions; the potential to further the
5687 state comprehensive plan, applicable strategic regional policy
5688 plans, this part, and part I of chapter 380; and those factors
5689 identified by s. 163.3177(10)(i). Upon the request of a local
5690 government with jurisdiction, the applicable regional planning
5691 council shall conduct a scoping meeting with affected local
5692 governments and those agencies identified in s. 163.3184(4)
5693 before preparation of the sector plan execution of the agreement
5694 authorized by this section. The purpose of this meeting is to
5695 assist the state land planning agency and the local government
5696 in the identification of the relevant planning issues to be
5697 addressed and the data and resources available to assist in the
5698 preparation of the sector plan. In the event that a scoping
5699 meeting is conducted, subsequent plan amendments. the regional
5700 planning council shall make written recommendations to the state
5701 land planning agency and affected local governments, on the
5702 issues requested by the local government. The scoping meeting
5703 shall be noticed and open to the public. In the event that the
5704 entire planning area proposed for the sector plan is within the
5705 jurisdiction of two or more local governments, some or all of
5706 them may enter into a joint planning agreement pursuant to s.
5707 163.3171 with respect to including whether a sustainable sector
5708 plan would be appropriate. The agreement must define the
5709 geographic area to be subject to the sector plan, the planning
5710 issues that will be emphasized, procedures requirements for
5711 intergovernmental coordination to address extrajurisdictional
5712 impacts, supporting application materials including data and
5713 analysis, and procedures for public participation, or other
5714 issues. An agreement may address previously adopted sector plans
5715 that are consistent with the standards in this section. Before
5716 executing an agreement under this subsection, the local
5717 government shall hold a duly noticed public workshop to review
5718 and explain to the public the optional sector planning process
5719 and the terms and conditions of the proposed agreement. The
5720 local government shall hold a duly noticed public hearing to
5721 execute the agreement. All meetings between the department and
5722 the local government must be open to the public.
5723 (3) Optional Sector planning encompasses two levels:
5724 adoption pursuant to under s. 163.3184 of a conceptual long-term
5725 master plan for the entire planning area as part of the
5726 comprehensive plan; and adoption by local development order of
5727 two or more buildout overlay to the comprehensive plan, having
5728 no immediate effect on the issuance of development orders or the
5729 applicability of s. 380.06, and adoption under s. 163.3184 of
5730 detailed specific area plans that implement the conceptual long
5731 term master plan buildout overlay and authorize issuance of
5732 development orders, and within which s. 380.06 is waived. Until
5733 such time as a detailed specific area plan is adopted, the
5734 underlying future land use designations apply.
5735 (a) In addition to the other requirements of this chapter,
5736 a long-term master plan pursuant to this section conceptual
5737 long-term buildout overlay must include maps, illustrations, and
5738 text supported by data and analysis to address the following:
5739 1. A long-range conceptual framework map that, at a
5740 minimum, generally depicts identifies anticipated areas of
5741 urban, agricultural, rural, and conservation land use;
5742 identifies allowed uses in various parts of the planning area,
5743 specifies maximum and minimum densities and intensities of use,
5744 and provides the general framework for the development pattern
5745 in developed areas with graphic illustrations based on a
5746 hierarchy of places and functional place-making components.
5747 2. A general identification of the water supplies needed
5748 and available sources of water, including water resource
5749 development and water supply development projects, and water
5750 conservation measures needed to meet the projected demand of the
5751 future land uses in the long-term master plan.
5752 3. A general identification of the transportation
5753 facilities to serve the future land uses in the long-term master
5754 plan, including guidelines to be used to establish each modal
5755 component intended to optimize mobility.
5756 4. A general identification of other regionally significant
5757 public facilities consistent with chapter 9J-2, Florida
5758 Administrative Code, irrespective of local governmental
5759 jurisdiction necessary to support buildout of the anticipated
5760 future land uses, which may include central utilities provided
5761 on-site within the planning area, and policies setting forth the
5762 procedures to be used to mitigate the impacts of future land
5763 uses on public facilities.
5764 5. 3. A general identification of regionally significant
5765 natural resources within the planning area based on the best
5766 available data and policies setting forth the procedures for
5767 protection or conservation of specific resources consistent with
5768 the overall conservation and development strategy for the
5769 planning area consistent with chapter 9J-2, Florida
5770 Administrative Code.
5771 6. 4.General principles and guidelines addressing that
5772 address the urban form and the interrelationships of anticipated
5773 future land uses; the protection and, as appropriate,
5774 restoration and management of lands identified for permanent
5775 preservation through recordation of conservation easements
5776 consistent with s. 704.06, which shall be phased or staged in
5777 coordination with detailed specific area plans to reflect phased
5778 or staged development within the planning area; and a
5779 discussion, at the applicant’s option, of the extent, if any, to
5780 which the plan will address restoring key ecosystems, achieving
5781 a more clean, healthy environment;, limiting urban sprawl;
5782 providing a range of housing types;, protecting wildlife and
5783 natural areas;, advancing the efficient use of land and other
5784 resources;, and creating quality communities of a design that
5785 promotes travel by multiple transportation modes; and enhancing
5786 the prospects for the creation of jobs.
5787 7. 5. Identification of general procedures and policies to
5788 facilitate ensure intergovernmental coordination to address
5789 extrajurisdictional impacts from the future land uses long-range
5790 conceptual framework map.
5791
5792 A long-term master plan adopted pursuant to this section
5793 shall be based upon a planning period longer than the generally
5794 applicable planning period of the local comprehensive plan,
5795 shall specify the projected population within the planning area
5796 during the chosen planning period, and may include a phasing or
5797 staging schedule that allocates a portion of the local
5798 government’s future growth to the planning area through the
5799 planning period. It shall not be a requirement for a long-term
5800 master plan adopted pursuant to this section to demonstrate need
5801 based upon projected population growth or on any other basis.
5802 (b) In addition to the other requirements of this chapter,
5803 including those in paragraph (a), the detailed specific area
5804 plans shall be consistent with the long-term master plan and
5805 must include conditions and commitments which provide for:
5806 1. Development or conservation of an area of adequate size
5807 to accommodate a level of development which achieves a
5808 functional relationship between a full range of land uses within
5809 the area and to encompass at least 1,000 acres consistent with
5810 the long-term master plan. The local government state land
5811 planning agency may approve detailed specific area plans of less
5812 than 1,000 acres based on local circumstances if it is
5813 determined that the detailed specific area plan furthers the
5814 purposes of this part and part I of chapter 380.
5815 2. Detailed identification and analysis of the maximum and
5816 minimum densities and intensities of use, and the distribution,
5817 extent, and location of future land uses.
5818 3. Detailed identification of water resource development
5819 and water supply development projects and related
5820 infrastructure, and water conservation measures to address water
5821 needs of development in the detailed specific area plan.
5822 4. Detailed identification of the transportation facilities
5823 to serve the future land uses in the detailed specific area
5824 plan.
5825 5. Detailed identification of other regionally significant
5826 public facilities, including public facilities outside the
5827 jurisdiction of the host local government, anticipated impacts
5828 of future land uses on those facilities, and required
5829 improvements consistent with the long-term master plan chapter
5830 9J-2, Florida Administrative Code.
5831 6. 4.Public facilities necessary to serve development in
5832 the detailed specific area plan for the short term, including
5833 developer contributions in a financially feasible 5-year capital
5834 improvement schedule of the affected local government.
5835 7. 5. Detailed analysis and identification of specific
5836 measures to assure the protection or conservation of lands
5837 identified in the long-term master plan to be permanently
5838 preserved within the planning area through recordation of a
5839 conservation easement consistent with s. 704.06 and, as
5840 appropriate, restored or managed, of regionally significant
5841 natural resources and other important resources both within and
5842 outside the host jurisdiction, including those regionally
5843 significant resources identified in chapter 9J-2, Florida
5844 Administrative Code.
5845 8. 6. Detailed principles and guidelines addressing that
5846 address the urban form and the interrelationships of anticipated
5847 future land uses; and a discussion, at the applicant’s option,
5848 of the extent, if any, to which the plan will address restoring
5849 key ecosystems, achieving a more clean, healthy environment;,
5850 limiting urban sprawl;, providing a range of housing types;
5851 protecting wildlife and natural areas;, advancing the efficient
5852 use of land and other resources;, and creating quality
5853 communities of a design that promotes travel by multiple
5854 transportation modes; and enhancing the prospects for the
5855 creation of jobs.
5856 9. 7. Identification of specific procedures to facilitate
5857 ensure intergovernmental coordination to address
5858 extrajurisdictional impacts from of the detailed specific area
5859 plan.
5860
5861 A detailed specific area plan adopted by local development
5862 order pursuant to this section may be based upon a planning
5863 period longer than the generally applicable planning period of
5864 the local comprehensive plan and shall specify the projected
5865 population within the specific planning area during the chosen
5866 planning period. It shall not be a requirement for a detailed
5867 specific area plan adopted pursuant to this section to
5868 demonstrate need based upon projected population growth or on
5869 any other basis.
5870 (c) In its review of a long-term master plan, the state
5871 land planning agency shall consult with the Department of
5872 Agriculture and Consumer Services, the Department of
5873 Environmental Protection, the Florida Fish and Wildlife
5874 Conservation Commission, and the applicable water management
5875 district regarding the design of areas for protection and
5876 conservation of regionally significant natural resources and for
5877 the protection and, as appropriate, restoration and management
5878 of lands identified for permanent preservation.
5879 (d) In its review of a long-term master plan, the state
5880 land planning agency shall consult with the Department of
5881 Transportation, the applicable metropolitan planning
5882 organization, and any urban transit agency regarding the
5883 location, capacity, design, and phasing or staging of major
5884 transportation facilities in the planning area.
5885 (e) The state land planning agency may initiate a civil
5886 action pursuant to s. 163.3215 with respect to a detailed
5887 specific area plan which is not consistent with a long-term
5888 master plan adopted pursuant to this section. For purposes of
5889 such a proceeding, the state land planning agency shall be
5890 deemed an aggrieved and adversely affected party. Regardless of
5891 whether the local government has adopted an ordinance that
5892 establishes a local process which meets the requirements of s.
5893 163.3215(4), judicial review of a detailed specific area plan
5894 initiated by the state land planning agency shall be de novo
5895 pursuant to s. 163.3215(3) and not by petition for writ of
5896 certiorari pursuant to s. 163.3215(4). Any other aggrieved or
5897 adversely affected party shall be subject to s. 163.3215 in all
5898 respects when initiating a consistency challenge to a detailed
5899 specific area plan.
5900 (f) This subsection does may not be construed to prevent
5901 preparation and approval of the optional sector plan and
5902 detailed specific area plan concurrently or in the same
5903 submission.
5904 (4) Upon the long-term master plan becoming legally
5905 effective:
5906 (a) Any long-range transportation plan developed by a
5907 metropolitan planning organization pursuant to s. 339.175(7)
5908 must be consistent, to the maximum extent feasible, with the
5909 long-term master plan, including but not limited to the
5910 projected population, the approved uses and densities and
5911 intensities of use and their distribution within the planning
5912 area. The transportation facilities identified in adopted plans
5913 pursuant to subparagraphs (3)(a)3. and (3)(b)4. must be
5914 developed in coordination with the adopted M.P.O. long-range
5915 transportation plan.
5916 (b) The water needs, sources and water resource development
5917 and water supply development projects identified in adopted
5918 plans pursuant to sub-subparagraphs (3)(a)2. and (3)(b)3. shall
5919 be incorporated into the applicable district and regional water
5920 supply plans adopted in accordance with ss. 373.036 and 373.709.
5921 Accordingly, and notwithstanding the permit durations stated in
5922 s. 373.236, an applicant may request and the applicable district
5923 may issue consumptive use permits for durations commensurate
5924 with the long-term master plan. The permitting criteria in s.
5925 373.223 shall be applied based upon the projected population,
5926 the approved densities and intensities of use and their
5927 distribution in the long-term master plan.
5928
5929 The host local government shall submit a monitoring report
5930 to the state land planning agency and applicable regional
5931 planning council on an annual basis after adoption of a detailed
5932 specific area plan. The annual monitoring report must provide
5933 summarized information on development orders issued, development
5934 that has occurred, public facility improvements made, and public
5935 facility improvements anticipated over the upcoming 5 years.
5936 (5) When a plan amendment adopting a detailed specific area
5937 plan has become effective for a portion of the planning area
5938 governed by a long-term master plan adopted pursuant to this
5939 section under ss. 163.3184 and 163.3189(2), the provisions of s.
5940 380.06 do not apply to development within the geographic area of
5941 the detailed specific area plan. However, any development-of
5942 regional-impact development order that is vested from the
5943 detailed specific area plan may be enforced pursuant to under s.
5944 380.11.
5945 (a) The local government adopting the detailed specific
5946 area plan is primarily responsible for monitoring and enforcing
5947 the detailed specific area plan. Local governments shall not
5948 issue any permits or approvals or provide any extensions of
5949 services to development that are not consistent with the
5950 detailed specific sector area plan.
5951 (b) If the state land planning agency has reason to believe
5952 that a violation of any detailed specific area plan, or of any
5953 agreement entered into under this section, has occurred or is
5954 about to occur, it may institute an administrative or judicial
5955 proceeding to prevent, abate, or control the conditions or
5956 activity creating the violation, using the procedures in s.
5957 380.11.
5958 (c) In instituting an administrative or judicial proceeding
5959 involving an optional sector plan or detailed specific area
5960 plan, including a proceeding pursuant to paragraph (b), the
5961 complaining party shall comply with the requirements of s.
5962 163.3215(4), (5), (6), and (7), except as provided by paragraph
5963 (3)(d).
5964 (d) The detailed specific area plan shall establish a
5965 buildout date until which the approved development shall not be
5966 subject to downzoning, unit density reduction, or intensity
5967 reduction, unless the local government can demonstrate that
5968 implementation of the plan is not continuing in good faith based
5969 on standards established by plan policy, or that substantial
5970 changes in the conditions underlying the approval of the
5971 detailed specific area plan have occurred, or that the detailed
5972 specific area plan was based on substantially inaccurate
5973 information provided by the applicant, or that the change is
5974 clearly established to be essential to the public health,
5975 safety, or welfare.
5976 (6) Concurrent with or subsequent to review and adoption of
5977 a long-term master plan pursuant to subsection (3)(a), an
5978 applicant may apply for master development approval pursuant to
5979 s. 380.06(21) for the entire planning area in order to establish
5980 a buildout date until which the approved uses and densities and
5981 intensities of use of the master plan shall not be subject to
5982 downzoning, unit density reduction, or intensity reduction,
5983 unless the local government can demonstrate that implementation
5984 of the master plan is not continuing in good faith based on
5985 standards established by plan policy, or that substantial
5986 changes in the conditions underlying the approval of the master
5987 plan have occurred, or that the master plan was based on
5988 substantially inaccurate information provided by the applicant,
5989 or that change is clearly established to be essential to the
5990 public health, safety, or welfare. Review of the application for
5991 master development approval shall be at a level of detail
5992 appropriate for the long-term and conceptual nature of the long
5993 term master plan and, to the maximum extent possible, shall only
5994 consider information provided in the application for a long-term
5995 master plan. Notwithstanding any provision of s. 380.06 to the
5996 contrary, an increment of development in such an approved master
5997 development plan shall be approved by a detailed specific area
5998 plan pursuant to subsection (3)(b) and shall be exempt from
5999 review pursuant to s 380.06. Beginning December 1, 1999, and
6000 each year thereafter, the department shall provide a status
6001 report to the Legislative Committee on Intergovernmental
6002 Relations regarding each optional sector plan authorized under
6003 this section.
6004 (7) A developer within an area subject to a long-term
6005 master plan which meets the requirements of paragraph (3)(a) and
6006 subsection (6) or a detailed specific area plan which meets the
6007 requirements of paragraph (3)(b) may enter into a development
6008 agreement with a local government pursuant to ss. 163.3220
6009 163.3243. The duration of such a development agreement may be
6010 through the planning period of the long-term master plan or the
6011 detailed specific area plan, as the case may be, notwithstanding
6012 the limit on the duration of a development agreement pursuant to
6013 s. 163.3229.
6014 (8) Any owner of property within the planning area of a
6015 proposed long-term master plan may withdraw his consent to the
6016 master plan at any time prior to local government adoption, and
6017 the local government shall exclude such parcels from the adopted
6018 master plan. Thereafter, the long-term master plan, any detailed
6019 specific area plan, and the exemption from development-of
6020 regional-impact review under this section shall not apply to the
6021 subject parcels. After adoption of a long-term master plan, an
6022 owner may withdraw his or her property from the master plan only
6023 with the approval of the local government by plan amendment
6024 adopted and reviewed pursuant to s. 163.3184.
6025 (9) The adoption of a long-term master plan or a detailed
6026 specific area plan pursuant to this section shall not limit the
6027 right to continue existing agricultural or silvicultural uses or
6028 other natural resource-based operations or to establish similar
6029 new uses that are consistent with the plans approved pursuant to
6030 this section.
6031 (10) Notwithstanding any provision to the contrary of s.
6032 380.06; chapter 163, Part II; or any planning agreement or plan
6033 policy, a landowner or developer who has received approval of a
6034 master development of regional impact development order pursuant
6035 to s. 380.06(21) may apply to implement this order by filing one
6036 or more applications to approve detailed specific area plan
6037 pursuant to subparagraph (3)(b) of this section.
6038 (11) Notwithstanding the provisions of this act, a detailed
6039 specific area plan to implement a conceptual long-term buildout
6040 overlay adopted by a local government and found in compliance
6041 prior to July 1, 2011, shall be governed by the provisions of
6042 this section.
6043 (12) This section may not be construed to abrogate the
6044 rights of any person under this chapter.
6045 Section 26. Section 163.3246 of the Florida Statutes is
6046 repealed.
6047 Section 27. Section 163.3248, Florida Statutes, is created
6048 to read:
6049 163.3248 Rural land stewardship areas.—
6050 (1) Rural land stewardship areas are designed to establish
6051 a long-term incentive based strategy to balance and guide the
6052 allocation of land so as to accommodate future land uses in a
6053 manner that protects the natural environment, stimulates
6054 economic growth and diversification, and encourages the
6055 retention of land for agriculture and other traditional rural
6056 land uses.
6057 (2) Upon written request by one or more landowners to
6058 designate lands as a rural land stewardship area, or pursuant to
6059 a private sector initiated comprehensive plan amendment, local
6060 governments may adopt by a majority vote a future land use
6061 overlay, which shall not require a demonstration of need based
6062 on population projections or any other factor, to designate all
6063 or portions of lands classified in the future land use element
6064 as predominantly agricultural, rural, open, open-rural, or a
6065 substantively equivalent land use, as a rural land stewardship
6066 area within which planning and economic incentives are applied
6067 to encourage the implementation of innovative and flexible
6068 planning and development strategies and creative land use
6069 planning techniques to support a diverse economic and employment
6070 base.
6071 (3) Rural land stewardship areas may be used to further the
6072 following broad principles of rural sustainability: restoration
6073 and maintenance of the economic value of rural land; control of
6074 urban sprawl; identification and protection of ecosystems,
6075 habitats, and natural resources; promotion and diversification
6076 of economic activity and employment opportunities within the
6077 rural areas; maintenance of the viability of the state’s
6078 agricultural economy; and protection of private property rights
6079 in rural areas of the state. Rural land stewardship areas may be
6080 multicounty in order to encourage coordinated regional
6081 stewardship planning.
6082 (4) A local government or one or more property owners may
6083 request assistance in participation of the development of a plan
6084 for the rural land stewardship area from the state land planning
6085 agency, the Department of Agriculture and Consumer Services, the
6086 Fish and Wildlife Conservation Commission, the Department of
6087 Environmental Protection, the appropriate water management
6088 district, the Department of Transportation, the regional
6089 planning council, private land owners, and stakeholders.
6090 (5) A rural land stewardship area shall be not less than
6091 10,000 acres and shall be located outside of municipalities and
6092 established urban service areas, and shall be designated by plan
6093 amendment by each local government with jurisdiction over the
6094 rural land stewardship area. The plan amendment or amendments
6095 designating a rural land stewardship area shall be subject to
6096 review pursuant to s. 163.3184 and shall provide for the
6097 following:
6098 (a) Criteria for the designation of receiving areas which
6099 shall at a minimum provide for the following: adequacy of
6100 suitable land to accommodate development so as to avoid conflict
6101 with significant environmentally sensitive areas, resources, and
6102 habitats; compatibility between and transition from higher
6103 density uses to lower intensity rural uses; and the
6104 establishment of receiving area service boundaries which provide
6105 for a transition from receiving areas and other land uses within
6106 the rural land stewardship area through limitations on the
6107 extension of services.
6108 (b) Innovative planning and development strategies to be
6109 applied within rural land stewardship areas pursuant to the
6110 provisions of this section.
6111 (c) A process for the implementation of innovative planning
6112 and development strategies within the rural land stewardship
6113 area, including those described in this subsection, which
6114 provide for a functional mix of land uses through the adoption
6115 by the local government of zoning and land development
6116 regulations applicable to the rural land stewardship area.
6117 (d) A mix of densities and intensities that would not be
6118 characterized as urban sprawl through the use of innovative
6119 strategies and creative land use techniques.
6120 (6) A receiving area may only be designated pursuant to
6121 procedures established in the local government’s land
6122 development regulations. At the time of designation of a
6123 stewardship receiving area, a listed species survey will be
6124 performed. If listed species occur on the receiving area site,
6125 the applicant shall coordinate with each appropriate local,
6126 state, or federal agency to determine if adequate provisions
6127 have been made to protect those species in accordance with
6128 applicable regulations. In determining the adequacy of
6129 provisions for the protection of listed species and their
6130 habitats, the rural land stewardship area shall be considered as
6131 a whole, and the potential impacts and protective measures taken
6132 within areas to be developed as receiving areas shall be
6133 considered in conjunction with the substantial benefits derived
6134 from lands set aside and protective measures taken outside of
6135 the designation of receiving areas.
6136 (7) Upon the adoption of a plan amendment creating a rural
6137 land stewardship area, the local government shall, by ordinance,
6138 establish a rural land stewardship overlay zoning district,
6139 which shall provide the methodology for the creation,
6140 conveyance, and use of transferable rural land use credits,
6141 hereinafter referred to as stewardship credits, the assignment
6142 and application of which shall not constitute a right to develop
6143 land, nor increase density of land, except as provided by this
6144 section. The total amount of stewardship credits within the
6145 rural land stewardship area must enable the realization of the
6146 long-term vision and goals for the rural land stewardship area,
6147 which may take into consideration the anticipated effect of the
6148 proposed receiving areas. The estimated amount of receiving area
6149 shall be projected based on available data and the development
6150 potential represented by the stewardship credits created within
6151 the rural land stewardship area must correlate to that amount.
6152 (8) Stewardship credits are subject to the following
6153 limitations:
6154 (a) Stewardship credits may only exist within a rural land
6155 stewardship area.
6156 (b) Stewardship credits may only be created from lands
6157 designated as stewardship sending areas and may only be used on
6158 lands designated as stewardship receiving areas and then solely
6159 for the purpose of implementing innovative planning and
6160 development strategies and creative land use planning techniques
6161 adopted by the local government pursuant to this section.
6162 (c) Stewardship credits assigned to a parcel of land within
6163 a rural land stewardship area shall cease to exist if the parcel
6164 of land is removed from the rural land stewardship area by plan
6165 amendment.
6166 (d) Neither the creation of the rural land stewardship area
6167 by plan amendment nor the adoption of the rural land stewardship
6168 zoning overlay district by the local government shall displace
6169 the underlying permitted uses, density or intensity of land uses
6170 assigned to a parcel of land within the rural land stewardship
6171 area that existed before adoption of the plan amendment or
6172 zoning overlay district; however, once stewardship credits have
6173 been transferred from a designated sending area for use within a
6174 designated receiving area, the underlying density assigned to
6175 the designated sending area shall cease to exist.
6176 (e) The underlying permitted uses, density, or intensity on
6177 each parcel of land located within a rural land stewardship area
6178 shall not be increased or decreased by the local government,
6179 except as a result of the conveyance or stewardship credits, as
6180 long as the parcel remains within the rural land stewardship
6181 area.
6182 (f) Stewardship credits shall cease to exist on a parcel of
6183 land where the underlying density assigned to the parcel of land
6184 is used.
6185 (g) An increase in the density or intensity of use on a
6186 parcel of land located within a designated receiving area may
6187 occur only through the assignment or use of stewardship credits
6188 and shall not require a plan amendment. A change in the type of
6189 agricultural use on property within a rural land stewardship
6190 area shall not be considered a change in use or intensity of use
6191 and shall not require any transfer of stewardship credits.
6192 (h) A change in the density or intensity of land use on
6193 parcels located within receiving areas shall be specified in a
6194 development order which reflects the total number of stewardship
6195 credits assigned to the parcel of land and the infrastructure
6196 and support services necessary to provide for a functional mix
6197 of land uses corresponding to the plan of development.
6198 (i) Land within a rural land stewardship area may be
6199 removed from the rural land stewardship area through a plan
6200 amendment.
6201 (j) Stewardship credits may be assigned at different ratios
6202 of credits per acre according to the natural resource or other
6203 beneficial use characteristics of the land and according to the
6204 land use remaining following the transfer of credits, with the
6205 highest number of credits per acre assigned to the most
6206 environmentally valuable land or, in locations where the
6207 retention of open space and agricultural land is a priority, to
6208 such lands.
6209 (k) The use or conveyance of stewardship credits must be
6210 recorded in the public records of the county in which the
6211 property is located as a covenant or restrictive easement
6212 running with the land in favor of the county and either the
6213 Department of Environmental Protection, Department of
6214 Agriculture and Consumer Services, a water management district,
6215 or a recognized statewide land trust.
6216 (9) Owners of land within rural land stewardship sending
6217 areas should be provided other incentives, in addition to the
6218 use or conveyance of stewardship credits, to enter into rural
6219 land stewardship agreements, pursuant to existing law and rules
6220 adopted thereto, with state agencies, water management
6221 districts, the Fish and Wildlife Conservation Commission, and
6222 local governments to achieve mutually agreed upon objectives.
6223 Such incentives may include, but not be limited to, the
6224 following:
6225 (a) Opportunity to accumulate transferable wetland and
6226 species habitat mitigation credits for use or sale.
6227 (b) Extended permit agreements.
6228 (c) Opportunities for recreational leases and ecotourism.
6229 (d) Compensation for the achievement of specified land
6230 management activities of public benefit, including, but not
6231 limited to, facility siting and corridors, recreational leases,
6232 water conservation and storage, water reuse, wastewater
6233 recycling, water supply and water resource development, nutrient
6234 reduction, environmental restoration and mitigation, public
6235 recreation, listed species protection and recovery, and wildlife
6236 corridor management and enhancement.
6237 (e) Option agreements for sale to public entities or
6238 private land conservation entities, in either fee or easement,
6239 upon achievement of specified conservation objectives.
6240 (10) The provisions of paragraph (9)(d) constitute an
6241 overlay of land use options that provide economic and regulatory
6242 incentives for landowners outside of established and planned
6243 urban service areas to conserve and manage vast areas of land
6244 for the benefit of the state’s citizens and natural environment
6245 while maintaining and enhancing the asset value of their
6246 landholdings. It is the intent of the Legislature that the
6247 provisions of this section be implemented pursuant to law and
6248 rulemaking is not authorized.
6249 (11) It is the intent of the legislature that the Rural
6250 Land Stewardship Area located in Collier County, which is
6251 consistent in all materials aspects with this section, be
6252 recognized as a Statutory Rural Land Stewardship Area, and be
6253 afforded the incentives as set forth in this section.
6254 Section 28. Section 163.32465, Florida Statutes, is amended
6255 to read:
6256 163.32465 State review of local comprehensive plans in
6257 urban areas.—
6258 (1) LEGISLATIVE FINDINGS.—
6259 (a) The Legislature finds that local governments in this
6260 state have a wide diversity of resources, conditions, abilities,
6261 and needs. The Legislature also finds that comprehensive
6262 planning has been implemented throughout the state and that it
6263 is appropriate for local governments to have the primary role in
6264 planning for their growth. the needs and resources of urban
6265 areas are different from those of rural areas and that different
6266 planning and growth management approaches, strategies, and
6267 techniques are required in urban areas. The state role in
6268 overseeing growth management should reflect this diversity and
6269 should vary based on local government conditions, capabilities,
6270 needs, and extent of development. Thus, the Legislature
6271 recognizes and finds that reduced state oversight of local
6272 comprehensive planning is justified for some local governments
6273 in urban areas.
6274 (b) The Legislature finds and declares that this state’s
6275 local governments urban areas require a reduced level of state
6276 oversight because of their high degree of urbanization and the
6277 planning capabilities and resources of many of their local
6278 governments. An alternative state review process that is
6279 adequate to protect issues of regional or statewide importance
6280 should be created for appropriate local governments in these
6281 areas. Further, the Legislature finds that development,
6282 including urban infill and redevelopment, should be encouraged
6283 in these urban areas. The Legislature finds that an alternative
6284 Accordingly, the process provided by this section for amending
6285 local comprehensive plans is in these areas should be
6286 established with the an objective of streamlining the process
6287 and recognizing local responsibility and accountability.
6288 (c) The Legislature finds a pilot program will be
6289 beneficial in evaluating an alternative, expedited plan
6290 amendment adoption and review process. Pilot local governments
6291 shall represent highly developed counties and the municipalities
6292 within these counties and highly populated municipalities.
6293 (2) APPLICABILITY ALTERNATIVE STATE REVIEW PROCESS PILOT
6294 PROGRAM.—Pinellas and Broward Counties, and the municipalities
6295 within these counties, and Jacksonville, Miami, Tampa, and
6296 Hialeah shall follow an alternative state review process
6297 provided in this section. The process for amending a
6298 comprehensive plan described in this section is applicable
6299 statewide. Municipalities within the pilot counties may elect,
6300 by super majority vote of the governing body, not to participate
6301 in the pilot program. In addition to the pilot program
6302 jurisdictions, any local government may use the alternative
6303 state review process to designate an urban service area as
6304 defined in s. 163.3164(29) in its comprehensive plan.
6305 (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
6306 UNDER THE PILOT PROGRAM.—
6307 (a) Plan amendments adopted by the local governments pilot
6308 program jurisdictions shall follow the alternate, are subject to
6309 the expedited process in subsections (4) and (5), except as
6310 follows set forth in paragraphs (b)-(e) of this subsection.
6311 (a)(b) Amendments that qualify as small-scale development
6312 amendments may continue to be adopted by the pilot program
6313 jurisdictions pursuant to s. 163.3187(1)(c) and (3).
6314 (b)(c) Plan amendments that propose a rural land
6315 stewardship area pursuant to s. 163.3177(11)(d); propose an
6316 optional sector plan; update a comprehensive plan based on an
6317 evaluation and appraisal report; implement new statutory
6318 requirements; or new plans for newly incorporated municipalities
6319 are subject to state review as set forth in s. 163.3184; or are
6320 in an area of critical state concern designated pursuant to s.
6321 380.05.
6322 (c)(d) Local governments are Pilot program jurisdictions
6323 shall be subject to the frequency and timing requirements for
6324 plan amendments set forth in ss. 163.3187 and 163.3191, except
6325 where otherwise stated in this section.
6326 (d)(e) The mediation and expedited hearing provisions in s.
6327 163.3189(3) apply to all plan amendments adopted pursuant to
6328 this section by the pilot program jurisdictions.
6329 (e) Local governments shall not combine plan amendments
6330 adopted pursuant to this section with plan amendments adopted
6331 pursuant to s. 163.3184 in the same amendment package. Each
6332 transmittal and adoption amendment package shall contain a cover
6333 letter stating whether the amendment or amendments contained
6334 within the package are adopted pursuant to this section or s.
6335 163.3184.
6336 (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
6337 PILOT PROGRAM.—
6338 (a) The local government shall hold its first public
6339 hearing on a comprehensive plan amendment on a weekday at least
6340 7 days after the day the first advertisement is published
6341 pursuant to the requirements of chapter 125 or chapter 166. Upon
6342 an affirmative vote of not less than a majority of the members
6343 of the governing body present at the hearing, the local
6344 government shall immediately transmit the amendment or
6345 amendments and appropriate supporting data and analyses to the
6346 state land planning agency; the appropriate regional planning
6347 council and water management district; the Department of
6348 Environmental Protection; the Department of State; the
6349 Department of Transportation; in the case of municipal plans, to
6350 the appropriate county; the Fish and Wildlife Conservation
6351 Commission; the Department of Agriculture and Consumer Services;
6352 when required by s. 163.3175, the applicable military
6353 installation or installations; and in the case of amendments
6354 that include or impact the public school facilities element, the
6355 Department of Education Office of Educational Facilities of the
6356 Commissioner of Education. The local governing body shall also
6357 transmit a copy of the amendments and supporting data and
6358 analyses to any other local government or governmental agency
6359 that has filed a written request with the governing body.
6360 (b) The agencies and local governments specified in
6361 paragraph (a) may provide comments regarding the amendment or
6362 amendments to the local government. The regional planning
6363 council review and comment shall be limited to effects on
6364 regional resources or facilities identified in the strategic
6365 regional policy plan and extrajurisdictional impacts that would
6366 be inconsistent with the comprehensive plan of the affected
6367 local government. A regional planning council shall not review
6368 and comment on a proposed comprehensive plan amendment prepared
6369 by such council unless the plan amendment has been changed by
6370 the local government subsequent to the preparation of the plan
6371 amendment by the regional planning council. County comments on
6372 municipal comprehensive plan amendments shall be primarily in
6373 the context of the relationship and effect of the proposed plan
6374 amendments on the county plan. Municipal comments on county plan
6375 amendments shall be primarily in the context of the relationship
6376 and effect of the amendments on the municipal plan. State agency
6377 comments must be limited to issues within the agency’s
6378 jurisdiction as it relates to the requirements of this part and
6379 may include technical guidance on issues of agency jurisdiction
6380 as it relates to the requirements of this part. Such comments
6381 shall clearly identify issues that, if not resolved, may result
6382 in an agency challenge to the plan amendment. For the purposes
6383 of this pilot program, Agencies are encouraged to focus
6384 potential challenges on issues of regional or statewide
6385 importance. Agencies and local governments must transmit their
6386 comments to the affected local government such that they are
6387 received by the local government not later than thirty days from
6388 the date on which the agency or government received the
6389 amendment or amendments.
6390 (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
6391 AREAS.—
6392 (a) The local government shall hold its second public
6393 hearing, which shall be a hearing on whether to adopt one or
6394 more comprehensive plan amendments, on a weekday at least 5 days
6395 after the day the second advertisement is published pursuant to
6396 the requirements of chapter 125 or chapter 166. Adoption of
6397 comprehensive plan amendments must be by ordinance and requires
6398 an affirmative vote of a majority of the members of the
6399 governing body present at the second hearing.
6400 (b) All comprehensive plan amendments adopted by the
6401 governing body along with the supporting data and analysis shall
6402 be transmitted within 10 days of the second public hearing to
6403 the state land planning agency and any other agency or local
6404 government that provided timely comments under paragraph (4)(b).
6405 (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
6406 PROGRAM.—
6407 (a) Any “affected person” as defined in s. 163.3184(1)(a)
6408 may file a petition with the Division of Administrative Hearings
6409 pursuant to ss. 120.569 and 120.57, with a copy served on the
6410 affected local government, to request a formal hearing to
6411 challenge whether the amendments are “in compliance” as defined
6412 in s. 163.3184(1)(b). This petition must be filed with the
6413 Division within 30 days after the state land planning agency
6414 notifies the local government that the plan amendment package is
6415 complete the local government adopts the amendment. The state
6416 land planning agency may intervene in a proceeding instituted by
6417 an affected person if necessary to protect interests of regional
6418 or statewide importance.
6419 (b) The state land planning agency may file a petition with
6420 the Division of Administrative Hearings pursuant to ss. 120.569
6421 and 120.57, with a copy served on the affected local government,
6422 to request a formal hearing if necessary to protect interests of
6423 regional or statewide importance. This petition must be filed
6424 with the Division within 30 days after the state land planning
6425 agency notifies the local government that the plan amendment
6426 package is complete. For purposes of this section, an adopted
6427 amendment package shall be deemed complete if it contains a
6428 full, executed copy of the adoption ordinance or ordinances; in
6429 the case of a text amendment, a full copy of the amended
6430 language in legislative format with new words inserted in the
6431 text underlined, and words to be deleted lined through with
6432 hyphens; in the case of a future land use map amendment, a copy
6433 of the future land use map clearly depicting the parcel, its
6434 existing future land use designation, and its adopted
6435 designation; and a copy of any data and analyses the local
6436 government deems appropriate. The state land planning agency
6437 shall notify the local government that the package is complete
6438 or of any that the package contains deficiencies within 5
6439 working days of receipt of an amendment package.
6440 (c) The state land planning agency’s challenge shall be
6441 limited to those issues raised in the comments provided by the
6442 reviewing agencies pursuant to paragraph (4)(b). The state land
6443 planning agency may challenge a plan amendment that has
6444 substantially changed from the version on which the agencies
6445 provided comments. For the purposes of this pilot program, The
6446 Legislature strongly encourages The state land planning agency
6447 to shall focus any challenge on issues of regional or statewide
6448 importance.
6449 (d) An administrative law judge shall hold a hearing in the
6450 affected local jurisdiction. The local government’s
6451 determination that the amendment is “in compliance” is presumed
6452 to be correct and shall be sustained unless it is shown by a
6453 preponderance of the evidence that the amendment is not “in
6454 compliance.”
6455 (e) If the administrative law judge recommends that the
6456 amendment be found not in compliance, the judge shall submit the
6457 recommended order to the Administration Commission for final
6458 agency action. The Administration Commission shall enter a final
6459 order within 45 days after its receipt of the recommended order.
6460 (f) If the administrative law judge recommends that the
6461 amendment be found in compliance, the judge shall submit the
6462 recommended order to the state land planning agency.
6463 1. If the state land planning agency determines that the
6464 plan amendment should be found not in compliance, the agency
6465 shall refer, within 30 days of receipt of the recommended order,
6466 the recommended order and its determination to the
6467 Administration Commission for final agency action. If the
6468 commission determines that the amendment is not in compliance,
6469 it may sanction the local government as set forth in s.
6470 163.3184(11).
6471 2. If the state land planning agency determines that the
6472 plan amendment should be found in compliance, the agency shall
6473 enter its final order not later than 30 days from receipt of the
6474 recommended order.
6475 (g) An amendment adopted under the expedited provisions of
6476 this section shall not become effective until 31 days after the
6477 state land plan agency notifies the local government that the
6478 plan amendment package is complete adoption. If timely
6479 challenged, an amendment shall not become effective until the
6480 state land planning agency or the Administration Commission
6481 enters a final order determining the adopted amendment to be in
6482 compliance.
6483 (h) Parties to a proceeding under this section may enter
6484 into compliance agreements using the process in s. 163.3184(16).
6485 Any remedial amendment adopted pursuant to a settlement
6486 agreement shall be provided to the agencies and governments
6487 listed in paragraph (4)(a).
6488 (7) APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
6489 GOVERNMENTS.—Local governments and specific areas that have been
6490 designated for alternate review process pursuant to ss. 163.3246
6491 and 163.3184(17) and (18) are not subject to this section.
6492 (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—Agencies shall
6493 not promulgate rules to implement this pilot program.
6494 (9) REPORT.—The Office of Program Policy Analysis and
6495 Government Accountability shall submit to the Governor, the
6496 President of the Senate, and the Speaker of the House of
6497 Representatives by December 1, 2008, a report and
6498 recommendations for implementing a statewide program that
6499 addresses the legislative findings in subsection (1) in areas
6500 that meet urban criteria. The Office of Program Policy Analysis
6501 and Government Accountability in consultation with the state
6502 land planning agency shall develop the report and
6503 recommendations with input from other state and regional
6504 agencies, local governments, and interest groups. Additionally,
6505 the office shall review local and state actions and
6506 correspondence relating to the pilot program to identify issues
6507 of process and substance in recommending changes to the pilot
6508 program. At a minimum, the report and recommendations shall
6509 include the following:
6510 (a) Identification of local governments beyond those
6511 participating in the pilot program that should be subject to the
6512 alternative expedited state review process. The report may
6513 recommend that pilot program local governments may no longer be
6514 appropriate for such alternative review process.
6515 (b) Changes to the alternative expedited state review
6516 process for local comprehensive plan amendments identified in
6517 the pilot program.
6518 (c) Criteria for determining issues of regional or
6519 statewide importance that are to be protected in the alternative
6520 state review process.
6521 (d) In preparing the report and recommendations, the Office
6522 of Program Policy Analysis and Government Accountability shall
6523 consult with the state land planning agency, the Department of
6524 Transportation, the Department of Environmental Protection, and
6525 the regional planning agencies in identifying highly developed
6526 local governments to participate in the alternative expedited
6527 state review process. The Office of Program Policy Analysis and
6528 Governmental Accountability shall also solicit citizen input in
6529 the potentially affected areas and consult with the affected
6530 local governments and stakeholder groups.
6531 Section 29. Section 163.3260, Florida Statutes, is created
6532 to read:
6533 163.3260 Prohibition on duplication of local regulations.
6534 It is the intent of the Legislature to eliminate the duplication
6535 of regulatory authority in certain environmental reviews and
6536 permitting. A local government may not adopt any ordinance,
6537 regulation, rule, or policy for environmental reviews or
6538 environmental resource permitting if such reviews or permitting
6539 are already regulated by the Department of Environmental
6540 Protection or a water management district. The water management
6541 districts may not duplicate any environmental reviews or
6542 environmental resource permitting carried out by the Department
6543 of Environmental Protection.
6544 Section 30. Paragraph (a) of subsection (2) of section
6545 163.360, Florida Statutes, is amended to read:
6546 163.360 Community redevelopment plans.—
6547 (2) The community redevelopment plan shall:
6548 (a) Conform to the comprehensive plan for the county or
6549 municipality as prepared by the local planning agency under the
6550 Community Local Government Comprehensive Planning and Land
6551 Development Regulation Act.
6552 Section 31. Paragraph (a) of subsection (3) and subsection
6553 (8) of section 163.516, Florida Statutes, are amended to read:
6554 163.516 Safe neighborhood improvement plans.—
6555 (3) The safe neighborhood improvement plan shall:
6556 (a) Be consistent with the adopted comprehensive plan for
6557 the county or municipality pursuant to the Community Local
6558 Government Comprehensive Planning and Land Development
6559 Regulation Act. No district plan shall be implemented unless the
6560 local governing body has determined said plan is consistent.
6561 (8) Pursuant to ss. 163.3184, and 163.3187, and 163.3189,
6562 the governing body of a municipality or county shall hold two
6563 public hearings to consider the board-adopted safe neighborhood
6564 improvement plan as an amendment or modification to the
6565 municipality’s or county’s adopted local comprehensive plan.
6566 Section 32. Paragraph (c) of subsection (2) and subsection
6567 (3) of section 186.504, Florida Statutes, is amended to read:
6568 186.504 Regional planning councils; creation; membership.—
6569 (2) Membership on the regional planning council shall be as
6570 follows:
6571 (c) Representatives appointed by the Governor from the
6572 geographic area covered by the regional planning council,
6573 including an elected school board member from the geographic
6574 area covered by the regional planning council, to be nominated
6575 by the Florida School Board Association and a representative of
6576 the civic and business community which shall be selected and
6577 recommended by the Florida Chamber of Commerce, the Office of
6578 Tourism, Trade, and Economic Development, and Enterprise
6579 Florida. These representatives must include two or more of the
6580 following: a representative of the region's business community,
6581 a representative of the commercial development community, a
6582 representative of the banking and financial community, and a
6583 representative of the agricultural community.
6584 (3) Not less than two-thirds of the representatives serving
6585 as voting members on the governing bodies of such regional
6586 planning councils shall be elected officials of local general
6587 purpose governments chosen by the cities and counties of the
6588 region, provided each county shall have at least one vote. The
6589 remaining one-third of the voting members on the governing board
6590 shall be appointed by the Governor, to include one elected
6591 school board member, subject to confirmation by the Senate, and
6592 shall reside in the region. No two appointees of the Governor
6593 shall have their places of residence in the same county until
6594 each county within the region is represented by a Governor’s
6595 appointee to the governing board. Nothing contained in this
6596 section shall deny to local governing bodies or the Governor the
6597 option of appointing either locally elected officials or lay
6598 citizens provided at least two-thirds of the governing body of
6599 the regional planning council is composed of locally elected
6600 officials.
6601 Section 33. Section 186.513, Florida Statutes, is amended
6602 to read:
6603 186.513 Reports.—Each regional planning council shall
6604 prepare and furnish an annual report on its activities to the
6605 state land planning agency as defined in s. 163.3164(20) and the
6606 local general-purpose governments within its boundaries and,
6607 upon payment as may be established by the council, to any
6608 interested person. The regional planning councils shall make a
6609 joint report and recommendations to appropriate legislative
6610 committees.
6611 Section 34. Section 186.515, Florida Statutes, is amended
6612 to read:
6613 186.515 Creation of regional planning councils under
6614 chapter 163.—Nothing in ss. 186.501-186.507, 186.513, and
6615 186.515 is intended to repeal or limit the provisions of chapter
6616 163; however, the local general-purpose governments serving as
6617 voting members of the governing body of a regional planning
6618 council created pursuant to ss. 186.501-186.507, 186.513, and
6619 186.515 are not authorized to create a regional planning council
6620 pursuant to chapter 163 unless an agency, other than a regional
6621 planning council created pursuant to ss. 186.501-186.507,
6622 186.513, and 186.515, is designated to exercise the powers and
6623 duties in any one or more of ss. 163.3164(19) and 380.031(15);
6624 in which case, such a regional planning council is also without
6625 authority to exercise the powers and duties in s. 163.3164(19)
6626 or s. 380.031(15).
6627 Section 35. Subsection (1) of section 189.415, Florida
6628 Statutes, is amended to read:
6629 189.415 Special district public facilities report.—
6630 (1) It is declared to be the policy of this state to foster
6631 coordination between special districts and local general-purpose
6632 governments as those local general-purpose governments develop
6633 comprehensive plans under the Community Local Government
6634 Comprehensive Planning and Land Development Regulation Act,
6635 pursuant to part II of chapter 163.
6636 Section 36. Subsection (3) of section 190.004, Florida
6637 Statutes, is amended to read:
6638 190.004 Preemption; sole authority.—
6639 (3) The establishment of an independent community
6640 development district as provided in this act is not a
6641 development order within the meaning of chapter 380. All
6642 governmental planning, environmental, and land development laws,
6643 regulations, and ordinances apply to all development of the land
6644 within a community development district. Community development
6645 districts do not have the power of a local government to adopt a
6646 comprehensive plan, building code, or land development code, as
6647 those terms are defined in the Community Local Government
6648 Comprehensive Planning and Land Development Regulation Act. A
6649 district shall take no action which is inconsistent with
6650 applicable comprehensive plans, ordinances, or regulations of
6651 the applicable local general-purpose government.
6652 Section 37. Paragraph (a) of subsection (1) of section
6653 190.005, Florida Statutes, is amended to read:
6654 190.005 Establishment of district.—
6655 (1) The exclusive and uniform method for the establishment
6656 of a community development district with a size of 1,000 acres
6657 or more shall be pursuant to a rule, adopted under chapter 120
6658 by the Florida Land and Water Adjudicatory Commission, granting
6659 a petition for the establishment of a community development
6660 district.
6661 (a) A petition for the establishment of a community
6662 development district shall be filed by the petitioner with the
6663 Florida Land and Water Adjudicatory Commission. The petition
6664 shall contain:
6665 1. A metes and bounds description of the external
6666 boundaries of the district. Any real property within the
6667 external boundaries of the district which is to be excluded from
6668 the district shall be specifically described, and the last known
6669 address of all owners of such real property shall be listed. The
6670 petition shall also address the impact of the proposed district
6671 on any real property within the external boundaries of the
6672 district which is to be excluded from the district.
6673 2. The written consent to the establishment of the district
6674 by all landowners whose real property is to be included in the
6675 district or documentation demonstrating that the petitioner has
6676 control by deed, trust agreement, contract, or option of 100
6677 percent of the real property to be included in the district, and
6678 when real property to be included in the district is owned by a
6679 governmental entity and subject to a ground lease as described
6680 in s. 190.003(14), the written consent by such governmental
6681 entity.
6682 3. A designation of five persons to be the initial members
6683 of the board of supervisors, who shall serve in that office
6684 until replaced by elected members as provided in s. 190.006.
6685 4. The proposed name of the district.
6686 5. A map of the proposed district showing current major
6687 trunk water mains and sewer interceptors and outfalls if in
6688 existence.
6689 6. Based upon available data, the proposed timetable for
6690 construction of the district services and the estimated cost of
6691 constructing the proposed services. These estimates shall be
6692 submitted in good faith but shall not be binding and may be
6693 subject to change.
6694 7. A designation of the future general distribution,
6695 location, and extent of public and private uses of land proposed
6696 for the area within the district by the future land use plan
6697 element of the effective local government comprehensive plan of
6698 which all mandatory elements have been adopted by the applicable
6699 general-purpose local government in compliance with the
6700 Community Local Government Comprehensive Planning and Land
6701 Development Regulation Act.
6702 8. A statement of estimated regulatory costs in accordance
6703 with the requirements of s. 120.541.
6704 Section 38. Paragraph (i) of subsection (6) of section
6705 193.501, Florida Statutes, is amended to read:
6706 193.501 Assessment of lands subject to a conservation
6707 easement, environmentally endangered lands, or lands used for
6708 outdoor recreational or park purposes when land development
6709 rights have been conveyed or conservation restrictions have been
6710 covenanted.—
6711 (6) The following terms whenever used as referred to in
6712 this section have the following meanings unless a different
6713 meaning is clearly indicated by the context:
6714 (i) “Qualified as environmentally endangered” means land
6715 that has unique ecological characteristics, rare or limited
6716 combinations of geological formations, or features of a rare or
6717 limited nature constituting habitat suitable for fish, plants,
6718 or wildlife, and which, if subject to a development moratorium
6719 or one or more conservation easements or development
6720 restrictions appropriate to retaining such land or water areas
6721 predominantly in their natural state, would be consistent with
6722 the conservation, recreation and open space, and, if applicable,
6723 coastal protection elements of the comprehensive plan adopted by
6724 formal action of the local governing body pursuant to s.
6725 163.3161, the Community Local Government Comprehensive Planning
6726 and Land Development Regulation Act; or surface waters and
6727 wetlands, as determined by the methodology ratified in s.
6728 373.4211.
6729 Section 39. Subsection (15) of section 287.042, Florida
6730 Statutes, is amended to read:
6731 287.042 Powers, duties, and functions.—The department shall
6732 have the following powers, duties, and functions:
6733 (15) To enter into joint agreements with governmental
6734 agencies, as defined in s. 163.3164(10), for the purpose of
6735 pooling funds for the purchase of commodities or information
6736 technology that can be used by multiple agencies.
6737 (a) Each agency that has been appropriated or has existing
6738 funds for such purchase, shall, upon contract award by the
6739 department, transfer their portion of the funds into the
6740 department’s Operating Trust Fund for payment by the department.
6741 The funds shall be transferred by the Executive Office of the
6742 Governor pursuant to the agency budget amendment request
6743 provisions in chapter 216.
6744 (b) Agencies that sign the joint agreements are financially
6745 obligated for their portion of the agreed-upon funds. If an
6746 agency becomes more than 90 days delinquent in paying the funds,
6747 the department shall certify to the Chief Financial Officer the
6748 amount due, and the Chief Financial Officer shall transfer the
6749 amount due to the Operating Trust Fund of the department from
6750 any of the agency’s available funds. The Chief Financial Officer
6751 shall report these transfers and the reasons for the transfers
6752 to the Executive Office of the Governor and the legislative
6753 appropriations committees.
6754 Section 40. Subsection (4) of section 288.063, Florida
6755 Statutes, is amended to read:
6756 288.063 Contracts for transportation projects.—
6757 (4) The Office of Tourism, Trade, and Economic Development
6758 may adopt criteria by which transportation projects are to be
6759 reviewed and certified in accordance with s. 288.061. In
6760 approving transportation projects for funding, the Office of
6761 Tourism, Trade, and Economic Development shall consider factors
6762 including, but not limited to, the cost per job created or
6763 retained considering the amount of transportation funds
6764 requested; the average hourly rate of wages for jobs created;
6765 the reliance on the program as an inducement for the project’s
6766 location decision; the amount of capital investment to be made
6767 by the business; the demonstrated local commitment; the location
6768 of the project in an enterprise zone designated pursuant to s.
6769 290.0055; the location of the project in a spaceport territory
6770 as defined in s. 331.304; the unemployment rate of the
6771 surrounding area; and the poverty rate of the community; and the
6772 adoption of an economic element as part of its local
6773 comprehensive plan in accordance with s. 163.3177(7)(j). The
6774 Office of Tourism, Trade, and Economic Development may contact
6775 any agency it deems appropriate for additional input regarding
6776 the approval of projects.
6777 Section 41. Paragraph (a) of subsection (2), subsection
6778 (10), and paragraph (d) of subsection (12) of section 288.975,
6779 Florida Statutes, are amended to read:
6780 288.975 Military base reuse plans.—
6781 (2) As used in this section, the term:
6782 (a) “Affected local government” means a local government
6783 adjoining the host local government and any other unit of local
6784 government that is not a host local government but that is
6785 identified in a proposed military base reuse plan as providing,
6786 operating, or maintaining one or more public facilities as
6787 defined in s. 163.3164(24) on lands within or serving a military
6788 base designated for closure by the Federal Government.
6789 (10) Within 60 days after receipt of a proposed military
6790 base reuse plan, these entities shall review and provide
6791 comments to the host local government. The commencement of this
6792 review period shall be advertised in newspapers of general
6793 circulation within the host local government and any affected
6794 local government to allow for public comment. No later than 180
6795 days after receipt and consideration of all comments, and the
6796 holding of at least two public hearings, the host local
6797 government shall adopt the military base reuse plan. The host
6798 local government shall comply with the notice requirements set
6799 forth in s. 163.3184(15) to ensure full public participation in
6800 this planning process.
6801 (12) Following receipt of a petition, the petitioning party
6802 or parties and the host local government shall seek resolution
6803 of the issues in dispute. The issues in dispute shall be
6804 resolved as follows:
6805 (d) Within 45 days after receiving the report from the
6806 state land planning agency, the Administration Commission shall
6807 take action to resolve the issues in dispute. In deciding upon a
6808 proper resolution, the Administration Commission shall consider
6809 the nature of the issues in dispute, any requests for a formal
6810 administrative hearing pursuant to chapter 120, the compliance
6811 of the parties with this section, the extent of the conflict
6812 between the parties, the comparative hardships and the public
6813 interest involved. If the Administration Commission incorporates
6814 in its final order a term or condition that requires any local
6815 government to amend its local government comprehensive plan, the
6816 local government shall amend its plan within 60 days after the
6817 issuance of the order. Such amendment or amendments shall be
6818 exempt from the limitation of the frequency of plan amendments
6819 contained in s. 163.3187(1), and a public hearing on such
6820 amendment or amendments pursuant to s. 163.3184(15)(b)1. shall
6821 not be required. The final order of the Administration
6822 Commission is subject to appeal pursuant to s. 120.68. If the
6823 order of the Administration Commission is appealed, the time for
6824 the local government to amend its plan shall be tolled during
6825 the pendency of any local, state, or federal administrative or
6826 judicial proceeding relating to the military base reuse plan.
6827 Section 42. Subsection (4) of section 290.0475, Florida
6828 Statutes, is amended to read:
6829 290.0475 Rejection of grant applications; penalties for
6830 failure to meet application conditions.—Applications received
6831 for funding under all program categories shall be rejected
6832 without scoring only in the event that any of the following
6833 circumstances arise:
6834 (4) The application is not consistent with the local
6835 government’s comprehensive plan adopted pursuant to s.
6836 163.3184(7).
6837 Section 43. Paragraph (c) of subsection (3) of section
6838 311.07, Florida Statutes, is amended to read:
6839 311.07 Florida seaport transportation and economic
6840 development funding.—
6841 (3)
6842 (c) To be eligible for consideration by the council
6843 pursuant to this section, a project must be consistent with the
6844 port comprehensive master plan which is incorporated as part of
6845 the approved local government comprehensive plan as required by
6846 s. 163.3178(2)(k) or other provisions of the Community Local
6847 Government Comprehensive Planning and Land Development
6848 Regulation Act, part II of chapter 163.
6849 Section 44. Subsection (1) of section 331.319, Florida
6850 Statutes, is amended to read:
6851 331.319 Comprehensive planning; building and safety codes.
6852 The board of directors may:
6853 (1) Adopt, and from time to time review, amend, supplement,
6854 or repeal, a comprehensive general plan for the physical
6855 development of the area within the spaceport territory in
6856 accordance with the objectives and purposes of this act and
6857 consistent with the comprehensive plans of the applicable county
6858 or counties and municipality or municipalities adopted pursuant
6859 to the Community Local Government Comprehensive Planning and
6860 Land Development Regulation Act, part II of chapter 163.
6861 Section 45. Paragraph (e) of subsection (5) of section
6862 339.155, Florida Statutes, is amended to read:
6863 339.155 Transportation planning.—
6864 (5) ADDITIONAL TRANSPORTATION PLANS.—
6865 (e) The regional transportation plan developed pursuant to
6866 this section must, at a minimum, identify regionally significant
6867 transportation facilities located within a regional
6868 transportation area and contain a prioritized list of regionally
6869 significant projects. The level-of-service standards for
6870 facilities to be funded under this subsection shall be adopted
6871 by the appropriate local government in accordance with s.
6872 163.3180(10). The projects shall be adopted into the capital
6873 improvements schedule of the local government comprehensive plan
6874 pursuant to s. 163.3177(3).
6875 Section 46. Paragraph (a) of subsection (4) of section
6876 339.2819, Florida Statutes, is amended to read:
6877 339.2819 Transportation Regional Incentive Program.—
6878 (4)(a) Projects to be funded with Transportation Regional
6879 Incentive Program funds shall, at a minimum:
6880 1. Support those transportation facilities that serve
6881 national, statewide, or regional functions and function as an
6882 integrated regional transportation system.
6883 2. Be identified in the capital improvements element of a
6884 comprehensive plan that has been determined to be in compliance
6885 with part II of chapter 163, after July 1, 2005, or to implement
6886 a long-term concurrency management system adopted by a local
6887 government in accordance with s. 163.3180(9). Further, the
6888 project shall be in compliance with local government
6889 comprehensive plan policies relative to corridor management.
6890 3. Be consistent with the Strategic Intermodal System Plan
6891 developed under s. 339.64.
6892 4. Have a commitment for local, regional, or private
6893 financial matching funds as a percentage of the overall project
6894 cost.
6895 Section 47. Subsection (5) of section 369.303, Florida
6896 Statutes, is amended to read:
6897 369.303 Definitions.—As used in this part:
6898 (5) “Land development regulation” means a regulation
6899 covered by the definition in s. 163.3164(23) and any of the
6900 types of regulations described in s. 163.3202.
6901 Section 48. Subsection (7) of section 369.321, Florida
6902 Statutes, is amended to read:
6903 369.321 Comprehensive plan amendments.—Except as otherwise
6904 expressly provided, by January 1, 2006, each local government
6905 within the Wekiva Study Area shall amend its local government
6906 comprehensive plan to include the following:
6907 (7) During the period prior to the adoption of the
6908 comprehensive plan amendments required by this act, any local
6909 comprehensive plan amendment adopted by a city or county that
6910 applies to land located within the Wekiva Study Area shall
6911 protect surface and groundwater resources and be reviewed by the
6912 Department of Community Affairs, pursuant to chapter 163 and
6913 chapter 9J-5, Florida Administrative Code, using best available
6914 data, including the information presented to the Wekiva River
6915 Basin Coordinating Committee.
6916 Section 49. Subsection (1) of section 378.021, Florida
6917 Statutes, is amended to read:
6918 378.021 Master reclamation plan.—
6919 (1) The Department of Environmental Protection shall amend
6920 the master reclamation plan that provides guidelines for the
6921 reclamation of lands mined or disturbed by the severance of
6922 phosphate rock prior to July 1, 1975, which lands are not
6923 subject to mandatory reclamation under part II of chapter 211.
6924 In amending the master reclamation plan, the Department of
6925 Environmental Protection shall continue to conduct an onsite
6926 evaluation of all lands mined or disturbed by the severance of
6927 phosphate rock prior to July 1, 1975, which lands are not
6928 subject to mandatory reclamation under part II of chapter 211.
6929 The master reclamation plan when amended by the Department of
6930 Environmental Protection shall be consistent with local
6931 government plans prepared pursuant to the Community Local
6932 Government Comprehensive Planning and Land Development
6933 Regulation Act.
6934 Section 50. Subsection (10) of section 380.031, Florida
6935 Statutes, is amended to read:
6936 380.031 Definitions.—As used in this chapter:
6937 (10) “Local comprehensive plan” means any or all local
6938 comprehensive plans or elements or portions thereof prepared,
6939 adopted, or amended pursuant to the Community Local Government
6940 Comprehensive Planning and Land Development Regulation Act, as
6941 amended.
6942 Section 51. Paragraph (b) of subsection (6), paragraphs
6943 (l), (m), and (s) of subsection (24), paragraph (e) of
6944 subsection (28), and paragraphs (a) and (e) of subsection (29)
6945 of section 380.06, Florida Statutes, are amended to read:
6946 380.06 Developments of regional impact.—
6947 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
6948 PLAN AMENDMENTS.—
6949 (b) Any local government comprehensive plan amendments
6950 related to a proposed development of regional impact, including
6951 any changes proposed under subsection (19), may be initiated by
6952 a local planning agency or the developer and must be considered
6953 by the local governing body at the same time as the application
6954 for development approval using the procedures provided for local
6955 plan amendment in s. 163.3187 or s. 163.3189 and applicable
6956 local ordinances, without regard to statutory or local ordinance
6957 limits on the frequency of consideration of amendments to the
6958 local comprehensive plan. Nothing in this paragraph shall be
6959 deemed to require favorable consideration of a plan amendment
6960 solely because it is related to a development of regional
6961 impact. The procedure for processing such comprehensive plan
6962 amendments is as follows:
6963 1. If a developer seeks a comprehensive plan amendment
6964 related to a development of regional impact, the developer must
6965 so notify in writing the regional planning agency, the
6966 applicable local government, and the state land planning agency
6967 no later than the date of preapplication conference or the
6968 submission of the proposed change under subsection (19).
6969 2. When filing the application for development approval or
6970 the proposed change, the developer must include a written
6971 request for comprehensive plan amendments that would be
6972 necessitated by the development-of-regional-impact approvals
6973 sought. That request must include data and analysis upon which
6974 the applicable local government can determine whether to
6975 transmit the comprehensive plan amendment pursuant to s.
6976 163.3184.
6977 3. The local government must advertise a public hearing on
6978 the transmittal within 30 days after filing the application for
6979 development approval or the proposed change and must make a
6980 determination on the transmittal within 60 days after the
6981 initial filing unless that time is extended by the developer.
6982 4. If the local government approves the transmittal,
6983 procedures set forth in s. 163.3184 (3)-(6) must be followed.
6984 5. Notwithstanding subsection (11) or subsection (19), the
6985 local government may not hold a public hearing on the
6986 application for development approval or the proposed change or
6987 on the comprehensive plan amendments sooner than 30 days from
6988 receipt of the response from the state land planning agency
6989 pursuant to s. 163.3184(6). The 60-day time period for local
6990 governments to adopt, adopt with changes, or not adopt plan
6991 amendments pursuant to s. 163.3184(7) shall not apply to
6992 concurrent plan amendments provided for in this subsection.
6993 6. The local government must hear both the application for
6994 development approval or the proposed change and the
6995 comprehensive plan amendments at the same hearing. However, the
6996 local government must take action separately on the application
6997 for development approval or the proposed change and on the
6998 comprehensive plan amendments.
6999 7. Thereafter, the appeal process for the local government
7000 development order must follow the provisions of s. 380.07, and
7001 the compliance process for the comprehensive plan amendments
7002 must follow the provisions of s. 163.3184.
7003 (24) STATUTORY EXEMPTIONS.—
7004 (l) Any proposed development within an urban service
7005 boundary established under s. 163.3177(14), which is not
7006 otherwise exempt pursuant to subsection (29), is exempt from the
7007 provisions of this section if the local government having
7008 jurisdiction over the area where the development is proposed has
7009 adopted the urban service boundary, has entered into a binding
7010 agreement with jurisdictions that would be impacted and with the
7011 Department of Transportation regarding the mitigation of impacts
7012 on state and regional transportation facilities, and has adopted
7013 a proportionate share methodology pursuant to s. 163.3180(16).
7014 (m) Any proposed development within a rural land
7015 stewardship area created under s. 163.3248 163.3177(11)(d) is
7016 exempt from the provisions of this section if the local
7017 government that has adopted the rural land stewardship area has
7018 entered into a binding agreement with jurisdictions that would
7019 be impacted and the Department of Transportation regarding the
7020 mitigation of impacts on state and regional transportation
7021 facilities, and has adopted a proportionate share methodology
7022 pursuant to s. 163.3180(16).
7023 (s) Any development in a detailed specific area plan which
7024 is prepared and adopted pursuant to s. 163.3245 and adopted into
7025 the comprehensive plan is exempt from this section.
7026 (u) Any transit-oriented development as defined in s.
7027 163.3164 incorporated into the county or municipality
7028 comprehensive plan that has adopted land use and transportation
7029 strategies to support and fund the local government concurrency
7030 or mobility plan identified in the comprehensive plan, including
7031 alternative modes of transportation, is exempt from review for
7032 transportation impacts conducted pursuant to this section. This
7033 paragraph does not apply to areas:
7034 1. Within the boundary of any area of critical state
7035 concern designated pursuant to s. 380.05;
7036 2. Within the boundary of the Wekiva Study Area as
7037 described in s. 369.316; or
7038 3. Within 2 miles of the boundary of the Everglades
7039 Protection Area as defined in s. 373.4592(2).
7040
7041 If a use is exempt from review as a development of regional
7042 impact under paragraphs (a)-(s), but will be part of a larger
7043 project that is subject to review as a development of regional
7044 impact, the impact of the exempt use must be included in the
7045 review of the larger project, unless such exempt use involves a
7046 development of regional impact that includes a landowner,
7047 tenant, or user that has entered into a funding agreement with
7048 the Office of Tourism, Trade, and Economic Development under the
7049 Innovation Incentive Program and the agreement contemplates a
7050 state award of at least $50 million.
7051 (28) PARTIAL STATUTORY EXEMPTIONS.—
7052 (e) The vesting provision of s. 163.3167(5)(8) relating to
7053 an authorized development of regional impact shall not apply to
7054 those projects partially exempt from the development-of
7055 regional-impact review process under paragraphs (a)-(d).
7056 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
7057 (a) The following are exempt from this section:
7058 1. Any proposed development in a municipality that has an
7059 average of at least 1,000 people per square mile of land area
7060 and a minimum total population of at least 5,000 qualifies as a
7061 dense urban land area as defined in s. 163.3164;
7062 2. Any proposed development within a county that has an
7063 average of at least 1,000 people per square mile of land area
7064 qualifies as a dense urban land area as defined in s. 163.3164
7065 and that is located within an urban service area as defined in
7066 s. 163.3164 which has been adopted into the comprehensive plan;
7067 or
7068 3. Any proposed development within a county, including the
7069 municipalities located therein, which has a population of at
7070 least 900,000, that has an average of at least 1,000 people per
7071 square mile of land area which qualifies as a dense urban land
7072 area under s. 163.3164, but which does not have an urban service
7073 area designated in the comprehensive plan.
7074
7075 The Office of Economic and Demographic Research within the
7076 Legislature shall annually calculate the population and density
7077 criteria needed to determine which jurisdictions meet the
7078 density criteria in subparagraphs 1.-3. by using the most recent
7079 land area data from the decennial census conducted by the Bureau
7080 of the Census of the United States Department of Commerce and
7081 the latest available population estimates determined pursuant to
7082 s. 186.901. If any local government has had an annexation,
7083 contraction, or new incorporation, the Office of Economic and
7084 Demographic Research shall determine the population density
7085 using the new jurisdictional boundaries as recorded in
7086 accordance with s. 171.091. The Office of Economic and
7087 Demographic Research shall annually submit to the state land
7088 planning agency by July 1 a list of jurisdictions that meet the
7089 total population and density criteria. The state land planning
7090 agency shall publish the list of jurisdictions on its Internet
7091 website within 7 days after the list is received. The
7092 designation of jurisdictions that meet the density criteria of
7093 subparagraphs 1.-3. is effective upon publication on the state
7094 land planning agency’s Internet website. Any area that meets the
7095 density criteria may not thereafter be removed from the list of
7096 areas that qualify.
7097 (e) In an area that is exempt under paragraphs (a)-(c), any
7098 previously approved development-of-regional-impact development
7099 orders shall continue to be effective, but the developer has the
7100 option to be governed by s. 380.115(1). A pending application
7101 for development approval shall be governed by s. 380.115(2). A
7102 development that has a pending application for a comprehensive
7103 plan amendment and that elects not to continue development-of
7104 regional-impact review is exempt from the limitation on plan
7105 amendments set forth in s. 163.3187(1) for the year following
7106 the effective date of the exemption.
7107 Section 52. Paragraph (a) of subsection (8) of section
7108 380.061, Florida Statutes, is amended to read:
7109 380.061 The Florida Quality Developments program.—
7110 (8)(a) Any local government comprehensive plan amendments
7111 related to a Florida Quality Development may be initiated by a
7112 local planning agency and considered by the local governing body
7113 at the same time as the application for development approval,
7114 using the procedures provided for local plan amendment in s.
7115 163.3187 or s. 163.3189 and applicable local ordinances, without
7116 regard to statutory or local ordinance limits on the frequency
7117 of consideration of amendments to the local comprehensive plan.
7118 Nothing in this subsection shall be construed to require
7119 favorable consideration of a Florida Quality Development solely
7120 because it is related to a development of regional impact.
7121 Section 53. Paragraph (a) of subsection (2) of section
7122 380.065, Florida Statutes, is amended to read:
7123 380.065 Certification of local government review of
7124 development.—
7125 (2) When a petition is filed, the state land planning
7126 agency shall have no more than 90 days to prepare and submit to
7127 the Administration Commission a report and recommendations on
7128 the proposed certification. In deciding whether to grant
7129 certification, the Administration Commission shall determine
7130 whether the following criteria are being met:
7131 (a) The petitioning local government has adopted and
7132 effectively implemented a local comprehensive plan and
7133 development regulations which comply with ss. 163.3161-163.3215,
7134 the Community Local Government Comprehensive Planning and Land
7135 Development Regulation Act.
7136 Section 54. Section 380.0685, Florida Statutes, is amended
7137 to read:
7138 380.0685 State park in area of critical state concern in
7139 county which creates land authority; surcharge on admission and
7140 overnight occupancy.—The Department of Environmental Protection
7141 shall impose and collect a surcharge of 50 cents per person per
7142 day, or $5 per annual family auto entrance permit, on admission
7143 to all state parks in areas of critical state concern located in
7144 a county which creates a land authority pursuant to s.
7145 380.0663(1), and a surcharge of $2.50 per night per campsite,
7146 cabin, or other overnight recreational occupancy unit in state
7147 parks in areas of critical state concern located in a county
7148 which creates a land authority pursuant to s. 380.0663(1);
7149 however, no surcharge shall be imposed or collected under this
7150 section for overnight use by nonprofit groups of organized group
7151 camps, primitive camping areas, or other facilities intended
7152 primarily for organized group use. Such surcharges shall be
7153 imposed within 90 days after any county creating a land
7154 authority notifies the Department of Environmental Protection
7155 that the land authority has been created. The proceeds from such
7156 surcharges, less a collection fee that shall be kept by the
7157 Department of Environmental Protection for the actual cost of
7158 collection, not to exceed 2 percent, shall be transmitted to the
7159 land authority of the county from which the revenue was
7160 generated. Such funds shall be used to purchase property in the
7161 area or areas of critical state concern in the county from which
7162 the revenue was generated. An amount not to exceed 10 percent
7163 may be used for administration and other costs incident to such
7164 purchases. However, the proceeds of the surcharges imposed and
7165 collected pursuant to this section in a state park or parks
7166 located wholly within a municipality, less the costs of
7167 collection as provided herein, shall be transmitted to that
7168 municipality for use by the municipality for land acquisition or
7169 for beach renourishment and/or restoration, including, but not
7170 limited to, costs associated with any design, permitting,
7171 monitoring and mitigation of such work, as well as the work
7172 itself. The surcharges levied under this section shall remain
7173 imposed as long as the land authority is in existence.
7174 Section 55. Subsection (3) of section 380.115, Florida
7175 Statutes, is amended to read:
7176 380.115 Vested rights and duties; effect of size reduction,
7177 changes in guidelines and standards.—
7178 (3) A landowner that has filed an application for a
7179 development-of-regional-impact review prior to the adoption of a
7180 an optional sector plan pursuant to s. 163.3245 may elect to
7181 have the application reviewed pursuant to s. 380.06,
7182 comprehensive plan provisions in force prior to adoption of the
7183 sector plan, and any requested comprehensive plan amendments
7184 that accompany the application.
7185 Section 56. Subsection (1) of section 403.50665, Florida
7186 Statutes, is amended to read:
7187 403.50665 Land use consistency.—
7188 (1) The applicant shall include in the application a
7189 statement on the consistency of the site and any associated
7190 facilities that constitute a “development,” as defined in s.
7191 380.04, with existing land use plans and zoning ordinances that
7192 were in effect on the date the application was filed and a full
7193 description of such consistency. This information shall include
7194 an identification of those associated facilities that the
7195 applicant believes are exempt from the requirements of land use
7196 plans and zoning ordinances under the provisions of the
7197 Community Local Government Comprehensive Planning and Land
7198 Development Regulation Act provisions of chapter 163 and s.
7199 380.04(3).
7200 Section 57. Subsection (16) of section 420.9071, Florida
7201 Statutes, is amended to read:
7202 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
7203 term:
7204 (16) “Local housing incentive strategies” means local
7205 regulatory reform or incentive programs to encourage or
7206 facilitate affordable housing production, which include at a
7207 minimum, assurance that permits as defined in s. 163.3164(7) and
7208 (8) for affordable housing projects are expedited to a greater
7209 degree than other projects; an ongoing process for review of
7210 local policies, ordinances, regulations, and plan provisions
7211 that increase the cost of housing prior to their adoption; and a
7212 schedule for implementing the incentive strategies. Local
7213 housing incentive strategies may also include other regulatory
7214 reforms, such as those enumerated in s. 420.9076 or those
7215 recommended by the affordable housing advisory committee in its
7216 triennial evaluation of the implementation of affordable housing
7217 incentives, and adopted by the local governing body.
7218 Section 58. Paragraph (a) of subsection (4) of section
7219 420.9076, Florida Statutes, is amended to read:
7220 420.9076 Adoption of affordable housing incentive
7221 strategies; committees.—
7222 (4) Triennially, the advisory committee shall review the
7223 established policies and procedures, ordinances, land
7224 development regulations, and adopted local government
7225 comprehensive plan of the appointing local government and shall
7226 recommend specific actions or initiatives to encourage or
7227 facilitate affordable housing while protecting the ability of
7228 the property to appreciate in value. The recommendations may
7229 include the modification or repeal of existing policies,
7230 procedures, ordinances, regulations, or plan provisions; the
7231 creation of exceptions applicable to affordable housing; or the
7232 adoption of new policies, procedures, regulations, ordinances,
7233 or plan provisions, including recommendations to amend the local
7234 government comprehensive plan and corresponding regulations,
7235 ordinances, and other policies. At a minimum, each advisory
7236 committee shall submit a report to the local governing body that
7237 includes recommendations on, and triennially thereafter
7238 evaluates the implementation of, affordable housing incentives
7239 in the following areas:
7240 (a) The processing of approvals of development orders or
7241 permits, as defined in s. 163.3164(7) and (8), for affordable
7242 housing projects is expedited to a greater degree than other
7243 projects.
7244
7245 The advisory committee recommendations may also include
7246 other affordable housing incentives identified by the advisory
7247 committee. Local governments that receive the minimum allocation
7248 under the State Housing Initiatives Partnership Program shall
7249 perform the initial review but may elect to not perform the
7250 triennial review.
7251 Section 59. Subsection (1) of section 720.403, Florida
7252 Statutes, is amended to read:
7253 720.403 Preservation of residential communities; revival of
7254 declaration of covenants.—
7255 (1) Consistent with required and optional elements of local
7256 comprehensive plans and other applicable provisions of the
7257 Community Local Government Comprehensive Planning and Land
7258 Development Regulation Act, homeowners are encouraged to
7259 preserve existing residential communities, promote available and
7260 affordable housing, protect structural and aesthetic elements of
7261 their residential community, and, as applicable, maintain roads
7262 and streets, easements, water and sewer systems, utilities,
7263 drainage improvements, conservation and open areas, recreational
7264 amenities, and other infrastructure and common areas that serve
7265 and support the residential community by the revival of a
7266 previous declaration of covenants and other governing documents
7267 that may have ceased to govern some or all parcels in the
7268 community.
7269 Section 60. Subsections (3), (7), and (8) of section
7270 1013.33, Florida Statutes, are amended to read:
7271 1013.33 Coordination of planning with local governing
7272 bodies.—
7273 (3) At a minimum, the interlocal agreement must address
7274 interlocal agreement requirements in s. 163.31777 and, if
7275 applicable, s. 163.3180(6)(13)(g), except for exempt local
7276 governments as provided in s. 163.3177(12), and must address the
7277 following issues:
7278 (a) A process by which each local government and the
7279 district school board agree and base their plans on consistent
7280 projections of the amount, type, and distribution of population
7281 growth and student enrollment. The geographic distribution of
7282 jurisdiction-wide growth forecasts is a major objective of the
7283 process.
7284 (b) A process to coordinate and share information relating
7285 to existing and planned public school facilities, including
7286 school renovations and closures, and local government plans for
7287 development and redevelopment.
7288 (c) Participation by affected local governments with the
7289 district school board in the process of evaluating potential
7290 school closures, significant renovations to existing schools,
7291 and new school site selection before land acquisition. Local
7292 governments shall advise the district school board as to the
7293 consistency of the proposed closure, renovation, or new site
7294 with the local comprehensive plan, including appropriate
7295 circumstances and criteria under which a district school board
7296 may request an amendment to the comprehensive plan for school
7297 siting.
7298 (d) A process for determining the need for and timing of
7299 onsite and offsite improvements to support new construction,
7300 proposed expansion, or redevelopment of existing schools. The
7301 process shall address identification of the party or parties
7302 responsible for the improvements.
7303 (e) A process for the school board to inform the local
7304 government regarding the effect of comprehensive plan amendments
7305 on school capacity. The capacity reporting must be consistent
7306 with laws and rules regarding measurement of school facility
7307 capacity and must also identify how the district school board
7308 will meet the public school demand based on the facilities work
7309 program adopted pursuant to s. 1013.35.
7310 (f) Participation of the local governments in the
7311 preparation of the annual update to the school board’s 5-year
7312 district facilities work program and educational plant survey
7313 prepared pursuant to s. 1013.35.
7314 (g) A process for determining where and how joint use of
7315 either school board or local government facilities can be shared
7316 for mutual benefit and efficiency.
7317 (h) A procedure for the resolution of disputes between the
7318 district school board and local governments, which may include
7319 the dispute resolution processes contained in chapters 164 and
7320 186.
7321 (i) An oversight process, including an opportunity for
7322 public participation, for the implementation of the interlocal
7323 agreement.
7324 (7) Except as provided in subsection (8), municipalities
7325 meeting the exemption criteria in s. 163.3177(12) are exempt
7326 from the requirements of subsections (2), (3), and (4).
7327 (8) At the time of the evaluation and appraisal report,
7328 each exempt municipality shall assess the extent to which it
7329 continues to meet the criteria for exemption under s.
7330 163.3177(12). If the municipality continues to meet these
7331 criteria, the municipality shall continue to be exempt from the
7332 interlocal agreement requirement. Each municipality exempt under
7333 s. 163.3177(12) must comply with the provisions of subsections
7334 (2)-(8) within 1 year after the district school board proposes,
7335 in its 5-year district facilities work program, a new school
7336 within the municipality’s jurisdiction.
7337 Section 61. Rules 9J-5 and 9J-11.023, Florida
7338 Administrative Code, are repealed, and the Department of State
7339 is directed to remove those rules from the Florida
7340 Administrative Code.
7341 Section 62. Any permit or any other authorization that was
7342 extended under section 14, chapter 2009-96, Laws of Florida, as
7343 re-authorized by section 47, chapter 2010-147, Laws of Florida,
7344 is extended and renewed for an additional period of two years
7345 from its extended expiration date. The holder of a valid permit
7346 or other authorization that is eligible for the additional two
7347 year extension must notify the authorizing agency in writing by
7348 December 31, 2011, identifying the specific authorization for
7349 which the holder intends to use the extension and the
7350 anticipated time frame for acting on the authorization.
7351 Section 63. The Legislature finds that this act fulfills
7352 an important state interest.
7353 Section 64. (1) The state land planning agency, within 60
7354 days after the effective date of this act, shall review any
7355 administrative or judicial proceeding filed by the agency and
7356 pending on the effective date of this act to determine whether
7357 the issues raised by the state land planning agency are
7358 consistent with the revised provisions of part II of chapter
7359 163, Florida Statutes. For each proceeding, if the agency
7360 determines that issues have been raised that are not consistent
7361 with the revised provisions of part II of chapter 163, Florida
7362 Statutes, the agency shall dismiss the proceeding. If the state
7363 land planning agency determines that one or more issues have
7364 been raised that are consistent with the revised provisions of
7365 part II of chapter 163, Florida Statutes, the agency shall amend
7366 its petition within 30 days after the determination to plead
7367 with particularity as to the manner in which the plan or plan
7368 amendment fails to meet the revised provisions of part II of
7369 chapter 163, Florida Statutes. If the agency fails to timely
7370 file such amended petition, the proceeding shall be dismissed.
7371 (2) In all proceedings that were initiated by the state
7372 land planning agency before the effective date of this act, and
7373 continue after that date, the local government’s determination
7374 that the comprehensive plan or plan amendment is in compliance
7375 is presumed to be correct, and the local government’s
7376 determination shall be sustained unless it is shown by a
7377 preponderance of the evidence that the comprehensive plan or
7378 plan amendment is not in compliance.
7379 Section 65. In accordance with s. 1.04, Florida Statutes,
7380 the provisions of law amended by this act shall be construed in
7381 pari materia with the provisions of law reenacted by Senate Bill
7382 174 or HB 7001, 2011 Regular Session, whichever becomes law, and
7383 incorporated therein. In addition, if any law amended by this
7384 act is also amended by any other law enacted at the same
7385 legislative session or an extension thereof which becomes law,
7386 full effect shall be given to each if possible.
7387 Section 66. The Division of Statutory Revision is directed
7388 to replace the phrase “the effective date of this act” wherever
7389 it occurs in this act with the date this act becomes a law.
7390 Section 67. The reenactment of s. 163.31801(5) in section
7391 12 of this act shall take effect upon becoming a law, and shall
7392 operate retroactively to July 1, 2009. If such retroactive
7393 application is held by a court of last resort to be
7394 unconstitutional, this act shall apply prospectively from the
7395 date that this act becomes a law.
7396 Section 68. Except as otherwise expressly provided in this
7397 act, this act shall take effect July 1, 2011.
7398
7399 ================= T I T L E A M E N D M E N T ================
7400 And the title is amended as follows:
7401 Delete everything before the enacting clause
7402 and insert:
7403 A bill to be entitled
7404 An act relating to growth management; amending s. 163.3161,
7405 F.S.; redesignating the “Local Government Comprehensive Planning
7406 and Land Development Regulation Act” as the “Community Planning
7407 Act”; revising and providing intent and purpose of act; amending
7408 s.163.3162, F.S.; redesignating the “Agricultural Lands and
7409 Practices Act” as the “Agricultural Lands and Practices”
7410 section; replacing presumption of consistency with rule 9J
7411 5.006(5), Florida Administrative Code with presumption of not
7412 being urban sprawl as defined in s. 163.3164, F.S.,; amending s.
7413 163.3164, F.S.; revising and providing definitions relating to
7414 the Community Planning Act; amending s. 163.3167, F.S.; revising
7415 scope of the act; removing regional planning agencies from
7416 responsibility to prepare comprehensive plans; removing
7417 requirement for local governments to articulate a vision of the
7418 future physical appearance and qualities of the community as
7419 part of the local comprehensive plan; prohibiting initiative or
7420 referendum processes in regard to development orders, local
7421 comprehensive plan amendments, and map amendments; deleting
7422 retroactive effect; creating s. 163.3168, F.S.; encouraging
7423 local governments to apply for certain innovative planning
7424 tools; directing and authorizing the state land planning agency
7425 and other appropriate state and regional agencies to use direct
7426 and indirect technical assistance; amending s. 163.3171, F.S.;
7427 providing legislative intent; removing the state land planning
7428 agency’s power to enter into joint local agreements; amending s.
7429 163.3174, F.S.; deleting certain notice requirements relating to
7430 the establishment of local planning agencies by a governing
7431 body; amending s. 163.3177, F.S.; revising and providing duties
7432 of local governments; revising and providing required and
7433 optional elements of comprehensive plans; revising requirements
7434 of schedules of capital improvements; revising and providing
7435 provisions relating to capital improvements elements; revising
7436 major objectives of, and procedures relating to, the local
7437 comprehensive planning process; revising and providing required
7438 and optional elements of future land use plans; providing
7439 required transportation elements; revising and providing
7440 required sanitary sewer, solid waste, drainage, potable water,
7441 and natural groundwater aquifer recharge elements; revising and
7442 providing required conservation elements; revising and providing
7443 required housing elements; revising and providing required
7444 coastal management elements; revising and providing required
7445 intergovernmental coordination elements; removing optional
7446 comprehensive plan elements and related requirements and
7447 Legislative findings; amending s. 163.31777, F.S.; revising
7448 requirements relating to public schools’ interlocal agreements;
7449 deleting duties of the Office of Educational Facilities, the
7450 state land planning agency, and local governments relating to
7451 such agreements; deleting an exemption; amending s. 163.3178,
7452 F.S.; deleting authority for local governments to comply with
7453 rule 9J-5.012(3)(b)6. and 7., Florida Administrative Code;
7454 amending s. 163.3180, F.S.; revising and providing provisions
7455 relating to concurrency; revising concurrency requirements;
7456 revising application and findings; revising local government
7457 requirements; revising and providing requirements relating to
7458 transportation concurrency, proportionate share, transportation
7459 concurrency exception areas, urban infill, urban redevelopment,
7460 urban service, downtown revitalization areas, transportation
7461 concurrency management areas, long-term transportation and
7462 school concurrency management systems, development of regional
7463 impact, school concurrency, service areas, financial
7464 feasibility, interlocal agreements, and multimodal
7465 transportation districts; removing duties of the Office of
7466 Program Policy Analysis, local governments, and the state land
7467 planning agency; providing requirements for local plans;
7468 limiting the liability of local governments under certain
7469 conditions; reenacting subsection (5) of s. 163.31801, F.S., and
7470 amending s. 163.31801, F.S.,; prohibiting new impact fees by
7471 local governments for a specified period of time; amending s.
7472 163.3182, F.S.; revising the definition of the term
7473 “transportation concurrency backlog” to “transportation
7474 deficiency”; revising other definitions and provisions to
7475 conform; revising provisions relating to transportation
7476 deficiency plans; revising requirements for transportation
7477 sufficiency plans; amending s. 163.3184, F.S.; providing a
7478 definition for “reviewing agencies”; amending the definition of
7479 “in compliance”; providing requirements for comprehensive plans
7480 and plan amendments; providing exceptions; removing references
7481 to procedural rules established by the state land planning
7482 agency; deleting provisions relating to community vision and
7483 urban boundary plan amendments, urban infill and redevelopment
7484 plan amendments, and housing incentive strategy plan amendments;
7485 amending s. 163.3187, F.S.; deleting provisions relating to the
7486 amendment of adopted comprehensive plans; revising the process
7487 for adopting updated comprehensive plans by statute rather than
7488 administrative rule; repealing s. 163.3189, F.S., relating to
7489 the process for amendment of adopted comprehensive plan;
7490 amending s. 163.3191, F.S., relating to the evaluation and
7491 appraisal of comprehensive plans; providing an exception for
7492 certain local governments; encouraging local governments to
7493 incorporate visioning; providing and revising local government
7494 requirements; removing regional planning councils and the state
7495 land planning agency from preparation of evaluation and
7496 appraisal reports; amending s. 163.3194, F.S.; regulating
7497 development orders for signs authorized by s. 479.07, F.S.;
7498 providing definitions; amending s. 163.3220, F.S.; conforming
7499 reference to the Community Planning Act; amending s. 163.3221,
7500 F.S.; conforming references to the Community Planning Act;
7501 amending s. 163.3229, F.S.; revising limitations on duration of
7502 development agreements; amending s. 163.3235, F.S.; revising
7503 requirements for periodic reviews of a development agreements;
7504 amending s. 163.3239, F.S.; revising recording requirements for
7505 development agreements; amending s. 163.3243, F.S.; removing the
7506 state land planning agency from parties who may file an action
7507 for injunctive relief; amending s. 163.3245, F.S.; revising
7508 provisions relating to optional sector plans; renaming ‘optional
7509 sector plans” as “sector plans”; removing state land planning
7510 agency involvement in approval of sector plans; authorizing the
7511 adoption of sector plans under certain circumstances; providing
7512 and revising local government requirements including notice,
7513 amendments, and scoping meetings; revising and providing
7514 elements of sector plans; providing guidelines for adoption of
7515 long-term master plans; repealing s. 163.3246, F.S., relating to
7516 local government comprehensive planning certification program;
7517 creating s. 163.3248, F.S.; providing for the designation of
7518 rural land stewardship areas; providing purposes and
7519 requirements for the establishment of such areas; providing for
7520 the creation of rural land stewardship overlay zoning district
7521 and transferable rural land use credits; providing certain
7522 limitation relating to such credits; providing for incentives;
7523 providing legislative intent; amending s. 163.32465, F.S.;
7524 revising Legislative findings related to local government
7525 comprehensive planning; revising the process for amending a
7526 comprehensive plan; making the expedited review process
7527 applicable statewide and removing its status as a pilot program;
7528 revising the process and requirements for expedited review of
7529 plan amendments; replacing reference to “Office of Education
7530 Facilities of the Commissioner of Education” with “Department of
7531 Education”; limiting state agency comments on and challenges to
7532 plan amendments; creating s. 163.3260, F.S.; prohibiting
7533 duplication of local regulations; amending ss. 163.360, and
7534 163.516, F.S. to conform to changes made by this act; amending
7535 s. 186.504, F.S.; revising membership requirements of regional
7536 planning councils; amending ss. 186.513, 186.515, 189.415,
7537 190.004, 190.005, 193.501, and 287.042, F.S. to conform to
7538 changes made by this act; amending s. 288.063, F.S.; revising
7539 factors to be considered by the Office of tourism, Trade, and
7540 Economic Development in approving transportation projects for
7541 funding; amending ss. 288.975, 290.0475, 311.07, and 331.319 to
7542 conform to changes made by this act; amending s. 339.155;
7543 removing level-of-service-standards requirements from additional
7544 transportation plans; amending s. 339.2819; removing long-term
7545 concurrency management system from the Transportation Regional
7546 Incentive Program; amending s 369.303, F.S. to conform to
7547 changes made by this act; amending s. 369.321, F.S.; removing
7548 reference to chapter 163 and chapter 9J-5, Florida
7549 Administrative Code, relating to Wekiva Study Area; amending ss.
7550 378.021 and 380.031, F.S., to conform to changes made by this
7551 act, amending s. 380.06; revising exemptions relating to
7552 developments of regional impact; revising provisions to conform
7553 to changes made by this act; requiring the Office of Economic
7554 and Demographic Research within the Legislature to calculate and
7555 publish population density; amending ss. 380.061, 380.065,
7556 380.115, 403.50665, 420.9071, 420.9076, 720.403, and 1013.33,
7557 F.S., to conform to changes made by this act; repealing Rules
7558 9J-5 and 9J-11.023, Florida Administrative Code, relating to
7559 minimum criteria for review of local government comprehensive
7560 plans and plan amendments, evaluation and appraisal reports,
7561 land development regulations and determinations of compliance;
7562 extending permits and other authorizations extended under
7563 section 14, chapter 2009-96, Laws of Florida; finding that this
7564 act fulfills an important state interest; requiring the state
7565 land planning agency to review pending actions filed by the
7566 agency for consistency with part II of chapter 163, F.S.;
7567 providing instructions for the construing of this act;
7568 instructing the Division of Statutory Revision; providing an
7569 effective date.
7570