Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1122
       
       
       
       
       
       
                                Barcode 669180                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             05/05/2011 12:12 PM       .                                
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 6068 - 8439
    4  and insert:
    5         (5)(12) The state land planning agency may shall not adopt
    6  rules to implement this section, other than procedural rules or
    7  a schedule indicating when local governments must comply with
    8  the requirements of this section.
    9         (13) The state land planning agency shall regularly review
   10  the evaluation and appraisal report process and submit a report
   11  to the Governor, the Administration Commission, the Speaker of
   12  the House of Representatives, the President of the Senate, and
   13  the respective community affairs committees of the Senate and
   14  the House of Representatives. The first report shall be
   15  submitted by December 31, 2004, and subsequent reports shall be
   16  submitted every 5 years thereafter. At least 9 months before the
   17  due date of each report, the Secretary of Community Affairs
   18  shall appoint a technical committee of at least 15 members to
   19  assist in the preparation of the report. The membership of the
   20  technical committee shall consist of representatives of local
   21  governments, regional planning councils, the private sector, and
   22  environmental organizations. The report shall assess the
   23  effectiveness of the evaluation and appraisal report process.
   24         (14) The requirement of subsection (10) prohibiting a local
   25  government from adopting amendments to the local comprehensive
   26  plan until the evaluation and appraisal report update amendments
   27  have been adopted and transmitted to the state land planning
   28  agency does not apply to a plan amendment proposed for adoption
   29  by the appropriate local government as defined in s.
   30  163.3178(2)(k) in order to integrate a port comprehensive master
   31  plan with the coastal management element of the local
   32  comprehensive plan as required by s. 163.3178(2)(k) if the port
   33  comprehensive master plan or the proposed plan amendment does
   34  not cause or contribute to the failure of the local government
   35  to comply with the requirements of the evaluation and appraisal
   36  report.
   37         Section 21. Paragraph (b) of subsection (2) of section
   38  163.3217, Florida Statutes, is amended to read:
   39         163.3217 Municipal overlay for municipal incorporation.—
   40         (2) PREPARATION, ADOPTION, AND AMENDMENT OF THE MUNICIPAL
   41  OVERLAY.—
   42         (b)1. A municipal overlay shall be adopted as an amendment
   43  to the local government comprehensive plan as prescribed by s.
   44  163.3184.
   45         2. A county may consider the adoption of a municipal
   46  overlay without regard to the provisions of s. 163.3187(1)
   47  regarding the frequency of adoption of amendments to the local
   48  comprehensive plan.
   49         Section 22. Subsection (3) of section 163.3220, Florida
   50  Statutes, is amended to read:
   51         163.3220 Short title; legislative intent.—
   52         (3) In conformity with, in furtherance of, and to implement
   53  the Community Local Government Comprehensive Planning and Land
   54  Development Regulation Act and the Florida State Comprehensive
   55  Planning Act of 1972, it is the intent of the Legislature to
   56  encourage a stronger commitment to comprehensive and capital
   57  facilities planning, ensure the provision of adequate public
   58  facilities for development, encourage the efficient use of
   59  resources, and reduce the economic cost of development.
   60         Section 23. Subsections (2) and (11) of section 163.3221,
   61  Florida Statutes, are amended to read:
   62         163.3221 Florida Local Government Development Agreement
   63  Act; definitions.—As used in ss. 163.3220-163.3243:
   64         (2) “Comprehensive plan” means a plan adopted pursuant to
   65  the Community “Local Government Comprehensive Planning and Land
   66  Development Regulation Act.
   67         (11) “Local planning agency” means the agency designated to
   68  prepare a comprehensive plan or plan amendment pursuant to the
   69  Community “Florida Local Government Comprehensive Planning and
   70  Land Development Regulation Act.
   71         Section 24. Section 163.3229, Florida Statutes, is amended
   72  to read:
   73         163.3229 Duration of a development agreement and
   74  relationship to local comprehensive plan.—The duration of a
   75  development agreement may shall not exceed 30 20 years, unless
   76  it is. It may be extended by mutual consent of the governing
   77  body and the developer, subject to a public hearing in
   78  accordance with s. 163.3225. No development agreement shall be
   79  effective or be implemented by a local government unless the
   80  local government’s comprehensive plan and plan amendments
   81  implementing or related to the agreement are found in compliance
   82  by the state land planning agency in accordance with s.
   83  163.3184, s. 163.3187, or s. 163.3189.
   84         Section 25. Section 163.3235, Florida Statutes, is amended
   85  to read:
   86         163.3235 Periodic review of a development agreement.—A
   87  local government shall review land subject to a development
   88  agreement at least once every 12 months to determine if there
   89  has been demonstrated good faith compliance with the terms of
   90  the development agreement. For each annual review conducted
   91  during years 6 through 10 of a development agreement, the review
   92  shall be incorporated into a written report which shall be
   93  submitted to the parties to the agreement and the state land
   94  planning agency. The state land planning agency shall adopt
   95  rules regarding the contents of the report, provided that the
   96  report shall be limited to the information sufficient to
   97  determine the extent to which the parties are proceeding in good
   98  faith to comply with the terms of the development agreement. If
   99  the local government finds, on the basis of substantial
  100  competent evidence, that there has been a failure to comply with
  101  the terms of the development agreement, the agreement may be
  102  revoked or modified by the local government.
  103         Section 26. Section 163.3239, Florida Statutes, is amended
  104  to read:
  105         163.3239 Recording and effectiveness of a development
  106  agreement.—Within 14 days after a local government enters into a
  107  development agreement, the local government shall record the
  108  agreement with the clerk of the circuit court in the county
  109  where the local government is located. A copy of the recorded
  110  development agreement shall be submitted to the state land
  111  planning agency within 14 days after the agreement is recorded.
  112  A development agreement is shall not be effective until it is
  113  properly recorded in the public records of the county and until
  114  30 days after having been received by the state land planning
  115  agency pursuant to this section. The burdens of the development
  116  agreement shall be binding upon, and the benefits of the
  117  agreement shall inure to, all successors in interest to the
  118  parties to the agreement.
  119         Section 27. Section 163.3243, Florida Statutes, is amended
  120  to read:
  121         163.3243 Enforcement.—Any party or, any aggrieved or
  122  adversely affected person as defined in s. 163.3215(2), or the
  123  state land planning agency may file an action for injunctive
  124  relief in the circuit court where the local government is
  125  located to enforce the terms of a development agreement or to
  126  challenge compliance of the agreement with the provisions of ss.
  127  163.3220-163.3243.
  128         Section 28. Section 163.3245, Florida Statutes, is amended
  129  to read:
  130         163.3245 Optional Sector plans.—
  131         (1) In recognition of the benefits of conceptual long-range
  132  planning for the buildout of an area, and detailed planning for
  133  specific areas, as a demonstration project, the requirements of
  134  s. 380.06 may be addressed as identified by this section for up
  135  to five local governments or combinations of local governments
  136  may which adopt into their the comprehensive plans a plan an
  137  optional sector plan in accordance with this section. This
  138  section is intended to promote and encourage long-term planning
  139  for conservation, development, and agriculture on a landscape
  140  scale; to further the intent of s. 163.3177(11), which supports
  141  innovative and flexible planning and development strategies, and
  142  the purposes of this part, and part I of chapter 380; to
  143  facilitate protection of regionally significant resources,
  144  including, but not limited to, regionally significant water
  145  courses and wildlife corridors;, and to avoid duplication of
  146  effort in terms of the level of data and analysis required for a
  147  development of regional impact, while ensuring the adequate
  148  mitigation of impacts to applicable regional resources and
  149  facilities, including those within the jurisdiction of other
  150  local governments, as would otherwise be provided. Optional
  151  Sector plans are intended for substantial geographic areas that
  152  include including at least 15,000 5,000 acres of one or more
  153  local governmental jurisdictions and are to emphasize urban form
  154  and protection of regionally significant resources and public
  155  facilities. A The state land planning agency may approve
  156  optional sector plans of less than 5,000 acres based on local
  157  circumstances if it is determined that the plan would further
  158  the purposes of this part and part I of chapter 380. Preparation
  159  of an optional sector plan is authorized by agreement between
  160  the state land planning agency and the applicable local
  161  governments under s. 163.3171(4). An optional sector plan may be
  162  adopted through one or more comprehensive plan amendments under
  163  s. 163.3184. However, an optional sector plan may not be adopted
  164  authorized in an area of critical state concern.
  165         (2) Upon the request of a local government having
  166  jurisdiction, The state land planning agency may enter into an
  167  agreement to authorize preparation of an optional sector plan
  168  upon the request of one or more local governments based on
  169  consideration of problems and opportunities presented by
  170  existing development trends; the effectiveness of current
  171  comprehensive plan provisions; the potential to further the
  172  state comprehensive plan, applicable strategic regional policy
  173  plans, this part, and part I of chapter 380; and those factors
  174  identified by s. 163.3177(10)(i). the applicable regional
  175  planning council shall conduct a scoping meeting with affected
  176  local governments and those agencies identified in s.
  177  163.3184(1)(c)(4) before preparation of the sector plan
  178  execution of the agreement authorized by this section. The
  179  purpose of this meeting is to assist the state land planning
  180  agency and the local government in the identification of the
  181  relevant planning issues to be addressed and the data and
  182  resources available to assist in the preparation of the sector
  183  plan subsequent plan amendments. If a scoping meeting is
  184  conducted, the regional planning council shall make written
  185  recommendations to the state land planning agency and affected
  186  local governments on the issues requested by the local
  187  government. The scoping meeting shall be noticed and open to the
  188  public. If the entire planning area proposed for the sector plan
  189  is within the jurisdiction of two or more local governments,
  190  some or all of them may enter into a joint planning agreement
  191  pursuant to s. 163.3171 with respect to, including whether a
  192  sustainable sector plan would be appropriate. The agreement must
  193  define the geographic area to be subject to the sector plan, the
  194  planning issues that will be emphasized, procedures requirements
  195  for intergovernmental coordination to address
  196  extrajurisdictional impacts, supporting application materials
  197  including data and analysis, and procedures for public
  198  participation, or other issues. An agreement may address
  199  previously adopted sector plans that are consistent with the
  200  standards in this section. Before executing an agreement under
  201  this subsection, the local government shall hold a duly noticed
  202  public workshop to review and explain to the public the optional
  203  sector planning process and the terms and conditions of the
  204  proposed agreement. The local government shall hold a duly
  205  noticed public hearing to execute the agreement. All meetings
  206  between the department and the local government must be open to
  207  the public.
  208         (3) Optional Sector planning encompasses two levels:
  209  adoption pursuant to under s. 163.3184 of a conceptual long-term
  210  master plan for the entire planning area as part of the
  211  comprehensive plan, and adoption by local development order of
  212  two or more buildout overlay to the comprehensive plan, having
  213  no immediate effect on the issuance of development orders or the
  214  applicability of s. 380.06, and adoption under s. 163.3184 of
  215  detailed specific area plans that implement the conceptual long
  216  term master plan buildout overlay and authorize issuance of
  217  development orders, and within which s. 380.06 is waived. Until
  218  such time as a detailed specific area plan is adopted, the
  219  underlying future land use designations apply.
  220         (a) In addition to the other requirements of this chapter,
  221  a long-term master plan pursuant to this section conceptual
  222  long-term buildout overlay must include maps, illustrations, and
  223  text supported by data and analysis to address the following:
  224         1. A long-range conceptual framework map that, at a
  225  minimum, generally depicts identifies anticipated areas of
  226  urban, agricultural, rural, and conservation land use,
  227  identifies allowed uses in various parts of the planning area,
  228  specifies maximum and minimum densities and intensities of use,
  229  and provides the general framework for the development pattern
  230  in developed areas with graphic illustrations based on a
  231  hierarchy of places and functional place-making components.
  232         2. A general identification of the water supplies needed
  233  and available sources of water, including water resource
  234  development and water supply development projects, and water
  235  conservation measures needed to meet the projected demand of the
  236  future land uses in the long-term master plan.
  237         3. A general identification of the transportation
  238  facilities to serve the future land uses in the long-term master
  239  plan, including guidelines to be used to establish each modal
  240  component intended to optimize mobility.
  241         4.2.A general identification of other regionally
  242  significant public facilities consistent with chapter 9J-2,
  243  Florida Administrative Code, irrespective of local governmental
  244  jurisdiction necessary to support buildout of the anticipated
  245  future land uses, which may include central utilities provided
  246  onsite within the planning area, and policies setting forth the
  247  procedures to be used to mitigate the impacts of future land
  248  uses on public facilities.
  249         5.3.A general identification of regionally significant
  250  natural resources within the planning area based on the best
  251  available data and policies setting forth the procedures for
  252  protection or conservation of specific resources consistent with
  253  the overall conservation and development strategy for the
  254  planning area consistent with chapter 9J-2, Florida
  255  Administrative Code.
  256         6.4.General principles and guidelines addressing that
  257  address the urban form and the interrelationships of anticipated
  258  future land uses; the protection and, as appropriate,
  259  restoration and management of lands identified for permanent
  260  preservation through recordation of conservation easements
  261  consistent with s. 704.06, which shall be phased or staged in
  262  coordination with detailed specific area plans to reflect phased
  263  or staged development within the planning area; and a
  264  discussion, at the applicant’s option, of the extent, if any, to
  265  which the plan will address restoring key ecosystems, achieving
  266  a more clean, healthy environment;, limiting urban sprawl;
  267  providing a range of housing types;, protecting wildlife and
  268  natural areas;, advancing the efficient use of land and other
  269  resources;, and creating quality communities of a design that
  270  promotes travel by multiple transportation modes; and enhancing
  271  the prospects for the creation of jobs.
  272         7.5. Identification of general procedures and policies to
  273  facilitate ensure intergovernmental coordination to address
  274  extrajurisdictional impacts from the future land uses long-range
  275  conceptual framework map.
  276  
  277         A long-term master plan adopted pursuant to this section
  278  may be based upon a planning period longer than the generally
  279  applicable planning period of the local comprehensive plan,
  280  shall specify the projected population within the planning area
  281  during the chosen planning period, and may include a phasing or
  282  staging schedule that allocates a portion of the local
  283  government’s future growth to the planning area through the
  284  planning period. A long-term master plan adopted pursuant to
  285  this section is not required to demonstrate need based upon
  286  projected population growth or on any other basis.
  287         (b) In addition to the other requirements of this chapter,
  288  including those in paragraph (a), the detailed specific area
  289  plans shall be consistent with the long-term master plan and
  290  must include conditions and commitments that provide for:
  291         1. Development or conservation of an area of adequate size
  292  to accommodate a level of development which achieves a
  293  functional relationship between a full range of land uses within
  294  the area and to encompass at least 1,000 acres consistent with
  295  the long-term master plan. The local government state land
  296  planning agency may approve detailed specific area plans of less
  297  than 1,000 acres based on local circumstances if it is
  298  determined that the detailed specific area plan furthers the
  299  purposes of this part and part I of chapter 380.
  300         2. Detailed identification and analysis of the maximum and
  301  minimum densities and intensities of use and the distribution,
  302  extent, and location of future land uses.
  303         3. Detailed identification of water resource development
  304  and water supply development projects and related infrastructure
  305  and water conservation measures to address water needs of
  306  development in the detailed specific area plan.
  307         4. Detailed identification of the transportation facilities
  308  to serve the future land uses in the detailed specific area
  309  plan.
  310         5.3. Detailed identification of other regionally
  311  significant public facilities, including public facilities
  312  outside the jurisdiction of the host local government,
  313  anticipated impacts of future land uses on those facilities, and
  314  required improvements consistent with the long-term master plan
  315  chapter 9J-2, Florida Administrative Code.
  316         6.4. Public facilities necessary to serve development in
  317  the detailed specific area plan for the short term, including
  318  developer contributions in a financially feasible 5-year capital
  319  improvement schedule of the affected local government.
  320         7.5. Detailed analysis and identification of specific
  321  measures to ensure assure the protection and, as appropriate,
  322  restoration and management of lands within the boundary of the
  323  detailed specific area plan identified for permanent
  324  preservation through recordation of conservation easements
  325  consistent with s. 704.06, which easements shall be effective
  326  before or concurrent with the effective date of the detailed
  327  specific area plan of regionally significant natural resources
  328  and other important resources both within and outside the host
  329  jurisdiction, including those regionally significant resources
  330  identified in chapter 9J-2, Florida Administrative Code.
  331         8.6.Detailed principles and guidelines addressing that
  332  address the urban form and the interrelationships of anticipated
  333  future land uses; and a discussion, at the applicant’s option,
  334  of the extent, if any, to which the plan will address restoring
  335  key ecosystems, achieving a more clean, healthy environment;,
  336  limiting urban sprawl; providing a range of housing types;,
  337  protecting wildlife and natural areas;, advancing the efficient
  338  use of land and other resources;, and creating quality
  339  communities of a design that promotes travel by multiple
  340  transportation modes; and enhancing the prospects for the
  341  creation of jobs.
  342         9.7. Identification of specific procedures to facilitate
  343  ensure intergovernmental coordination to address
  344  extrajurisdictional impacts from of the detailed specific area
  345  plan.
  346  
  347         A detailed specific area plan adopted by local development
  348  order pursuant to this section may be based upon a planning
  349  period longer than the generally applicable planning period of
  350  the local comprehensive plan and shall specify the projected
  351  population within the specific planning area during the chosen
  352  planning period. A detailed specific area plan adopted pursuant
  353  to this section is not required to demonstrate need based upon
  354  projected population growth or on any other basis. All lands
  355  identified in the long-term master plan for permanent
  356  preservation shall be subject to a recorded conservation
  357  easement consistent with s. 704.06 before or concurrent with the
  358  effective date of the final detailed specific area plan to be
  359  approved within the planning area.
  360         (c) In its review of a long-term master plan, the state
  361  land planning agency shall consult with the Department of
  362  Agriculture and Consumer Services, the Department of
  363  Environmental Protection, the Fish and Wildlife Conservation
  364  Commission, and the applicable water management district
  365  regarding the design of areas for protection and conservation of
  366  regionally significant natural resources and for the protection
  367  and, as appropriate, restoration and management of lands
  368  identified for permanent preservation. (d) In its review of a
  369  long-term master plan, the state land planning agency shall
  370  consult with the Department of Transportation, the applicable
  371  metropolitan planning organization, and any urban transit agency
  372  regarding the location, capacity, design, and phasing or staging
  373  of major transportation facilities in the planning area.
  374         (e) Whenever a local government issues a development order
  375  approving a detailed specific area plan, a copy of such order
  376  shall be rendered to the state land planning agency and the
  377  owner or developer of the property affected by such order, as
  378  prescribed by rules of the state land planning agency for a
  379  development order for a development of regional impact. Within
  380  45 days after the order is rendered, the owner, the developer,
  381  or the state land planning agency may appeal the order to the
  382  Florida Land and Water Adjudicatory Commission by filing a
  383  petition alleging that the detailed specific area plan is not
  384  consistent with the comprehensive plan or with the long-term
  385  master plan adopted pursuant to this section. The appellant
  386  shall furnish a copy of the petition to the opposing party, as
  387  the case may be, and to the local government that issued the
  388  order. The filing of the petition stays the effectiveness of the
  389  order until after completion of the appeal process. However, if
  390  a development order approving a detailed specific area plan has
  391  been challenged by an aggrieved or adversely affected party in a
  392  judicial proceeding pursuant to s. 163.3215, and a party to such
  393  proceeding serves notice to the state land planning agency, the
  394  state land planning agency shall dismiss its appeal to the
  395  commission and shall have the right to intervene in the pending
  396  judicial proceeding pursuant to s. 163.3215. Proceedings for
  397  administrative review of an order approving a detailed specific
  398  area plan shall be conducted consistent with s. 380.07(6). The
  399  commission shall issue a decision granting or denying permission
  400  to develop pursuant to the long-term master plan and the
  401  standards of this part and may attach conditions or restrictions
  402  to its decisions.
  403         (f)(c) This subsection does may not be construed to prevent
  404  preparation and approval of the optional sector plan and
  405  detailed specific area plan concurrently or in the same
  406  submission.
  407         (4) Upon the long-term master plan becoming legally
  408  effective:
  409         (a) Any long-range transportation plan developed by a
  410  metropolitan planning organization pursuant to s. 339.175(7)
  411  must be consistent, to the maximum extent feasible, with the
  412  long-term master plan, including, but not limited to, the
  413  projected population and the approved uses and densities and
  414  intensities of use and their distribution within the planning
  415  area. The transportation facilities identified in adopted plans
  416  pursuant to subparagraphs (3)(a)3. and (b)4. must be developed
  417  in coordination with the adopted M.P.O. long-range
  418  transportation plan.
  419         (b) The water needs, sources and water resource
  420  development, and water supply development projects identified in
  421  adopted plans pursuant to subparagraphs (3)(a)2. and (b)3. shall
  422  be incorporated into the applicable district and regional water
  423  supply plans adopted in accordance with ss. 373.036 and 373.709.
  424  Accordingly, and notwithstanding the permit durations stated in
  425  s. 373.236, an applicant may request and the applicable district
  426  may issue consumptive use permits for durations commensurate
  427  with the long-term master plan or detailed specific area plan,
  428  considering the ability of the master plan area to contribute to
  429  regional water supply availability and the need to maximize
  430  reasonable-beneficial use of the water resource. The permitting
  431  criteria in s. 373.223 shall be applied based upon the projected
  432  population and the approved densities and intensities of use and
  433  their distribution in the long-term master plan; however, the
  434  allocation of the water may be phased over the permit duration
  435  to correspond to actual projected needs. This paragraph does not
  436  supersede the public interest test set forth in s. 373.223. The
  437  host local government shall submit a monitoring report to the
  438  state land planning agency and applicable regional planning
  439  council on an annual basis after adoption of a detailed specific
  440  area plan. The annual monitoring report must provide summarized
  441  information on development orders issued, development that has
  442  occurred, public facility improvements made, and public facility
  443  improvements anticipated over the upcoming 5 years.
  444         (5) When a plan amendment adopting a detailed specific area
  445  plan has become effective for a portion of the planning area
  446  governed by a long-term master plan adopted pursuant to this
  447  section under ss. 163.3184 and 163.3189(2), the provisions of s.
  448  380.06 does do not apply to development within the geographic
  449  area of the detailed specific area plan. However, any
  450  development-of-regional-impact development order that is vested
  451  from the detailed specific area plan may be enforced pursuant to
  452  under s. 380.11.
  453         (a) The local government adopting the detailed specific
  454  area plan is primarily responsible for monitoring and enforcing
  455  the detailed specific area plan. Local governments may shall not
  456  issue any permits or approvals or provide any extensions of
  457  services to development that are not consistent with the
  458  detailed specific sector area plan.
  459         (b) If the state land planning agency has reason to believe
  460  that a violation of any detailed specific area plan, or of any
  461  agreement entered into under this section, has occurred or is
  462  about to occur, it may institute an administrative or judicial
  463  proceeding to prevent, abate, or control the conditions or
  464  activity creating the violation, using the procedures in s.
  465  380.11.
  466         (c) In instituting an administrative or judicial proceeding
  467  involving a an optional sector plan or detailed specific area
  468  plan, including a proceeding pursuant to paragraph (b), the
  469  complaining party shall comply with the requirements of s.
  470  163.3215(4), (5), (6), and (7), except as provided by paragraph
  471  (3)(e).
  472         (d) The detailed specific area plan shall establish a
  473  buildout date until which the approved development is not
  474  subject to downzoning, unit density reduction, or intensity
  475  reduction, unless the local government can demonstrate that
  476  implementation of the plan is not continuing in good faith based
  477  on standards established by plan policy, that substantial
  478  changes in the conditions underlying the approval of the
  479  detailed specific area plan have occurred, that the detailed
  480  specific area plan was based on substantially inaccurate
  481  information provided by the applicant, or that the change is
  482  clearly established to be essential to the public health,
  483  safety, or welfare.
  484         (6) Concurrent with or subsequent to review and adoption of
  485  a long-term master plan pursuant to paragraph (3)(a), an
  486  applicant may apply for master development approval pursuant to
  487  s. 380.06(21) for the entire planning area in order to establish
  488  a buildout date until which the approved uses and densities and
  489  intensities of use of the master plan are not subject to
  490  downzoning, unit density reduction, or intensity reduction,
  491  unless the local government can demonstrate that implementation
  492  of the master plan is not continuing in good faith based on
  493  standards established by plan policy, that substantial changes
  494  in the conditions underlying the approval of the master plan
  495  have occurred, that the master plan was based on substantially
  496  inaccurate information provided by the applicant, or that change
  497  is clearly established to be essential to the public health,
  498  safety, or welfare. Review of the application for master
  499  development approval shall be at a level of detail appropriate
  500  for the long-term and conceptual nature of the long-term master
  501  plan and, to the maximum extent possible, may only consider
  502  information provided in the application for a long-term master
  503  plan. Notwithstanding s. 380.06, an increment of development in
  504  such an approved master development plan must be approved by a
  505  detailed specific area plan pursuant to paragraph (3)(b) and is
  506  exempt from review pursuant to s. 380.06.
  507         (6) Beginning December 1, 1999, and each year thereafter,
  508  the department shall provide a status report to the Legislative
  509  Committee on Intergovernmental Relations regarding each optional
  510  sector plan authorized under this section.
  511         (7) A developer within an area subject to a long-term
  512  master plan that meets the requirements of paragraph (3)(a) and
  513  subsection (6) or a detailed specific area plan that meets the
  514  requirements of paragraph (3)(b) may enter into a development
  515  agreement with a local government pursuant to ss. 163.3220
  516  163.3243. The duration of such a development agreement may be
  517  through the planning period of the long-term master plan or the
  518  detailed specific area plan, as the case may be, notwithstanding
  519  the limit on the duration of a development agreement pursuant to
  520  s. 163.3229.
  521         (8) Any owner of property within the planning area of a
  522  proposed long-term master plan may withdraw his consent to the
  523  master plan at any time prior to local government adoption, and
  524  the local government shall exclude such parcels from the adopted
  525  master plan. Thereafter, the long-term master plan, any detailed
  526  specific area plan, and the exemption from development-of
  527  regional-impact review under this section do not apply to the
  528  subject parcels. After adoption of a long-term master plan, an
  529  owner may withdraw his or her property from the master plan only
  530  with the approval of the local government by plan amendment
  531  adopted and reviewed pursuant to s. 163.3184.
  532         (9) The adoption of a long-term master plan or a detailed
  533  specific area plan pursuant to this section does not limit the
  534  right to continue existing agricultural or silvicultural uses or
  535  other natural resource-based operations or to establish similar
  536  new uses that are consistent with the plans approved pursuant to
  537  this section.
  538         (10) The state land planning agency may enter into an
  539  agreement with a local government that, on or before July 1,
  540  2011, adopted a large-area comprehensive plan amendment
  541  consisting of at least 15,000 acres that meets the requirements
  542  for a long-term master plan in paragraph (3)(a), after notice
  543  and public hearing by the local government, and thereafter,
  544  notwithstanding s. 380.06, this part, or any planning agreement
  545  or plan policy, the large-area plan shall be implemented through
  546  detailed specific area plans that meet the requirements of
  547  paragraph (3)(b) and shall otherwise be subject to this section.
  548         (11) Notwithstanding this section, a detailed specific area
  549  plan to implement a conceptual long-term buildout overlay,
  550  adopted by a local government and found in compliance before
  551  July 1, 2011, shall be governed by this section.
  552         (12) Notwithstanding s. 380.06, this part, or any planning
  553  agreement or plan policy, a landowner or developer who has
  554  received approval of a master development-of-regional-impact
  555  development order pursuant to s. 380.06(21) may apply to
  556  implement this order by filing one or more applications to
  557  approve a detailed specific area plan pursuant to paragraph
  558  (3)(b).
  559         (13)(7) This section may not be construed to abrogate the
  560  rights of any person under this chapter.
  561         Section 29. Subsections (9), (12), and (14) of section
  562  163.3246, Florida Statutes, are amended to read:
  563         163.3246 Local government comprehensive planning
  564  certification program.—
  565         (9)(a) Upon certification all comprehensive plan amendments
  566  associated with the area certified must be adopted and reviewed
  567  in the manner described in s. ss. 163.3184(5)-(11)(1), (2), (7),
  568  (14), (15), and (16) and 163.3187, such that state and regional
  569  agency review is eliminated. Plan amendments that qualify as
  570  small scale development amendments may follow the small scale
  571  review process in s. 163.3187. The department may not issue any
  572  objections, recommendations, and comments report on proposed
  573  plan amendments or a notice of intent on adopted plan
  574  amendments; however, affected persons, as defined by s.
  575  163.3184(1)(a), may file a petition for administrative review
  576  pursuant to the requirements of s. 163.3184(5) 163.3187(3)(a) to
  577  challenge the compliance of an adopted plan amendment.
  578         (b) Plan amendments that change the boundaries of the
  579  certification area; propose a rural land stewardship area
  580  pursuant to s. 163.3248 163.3177(11)(d); propose a an optional
  581  sector plan pursuant to s. 163.3245; propose a school facilities
  582  element; update a comprehensive plan based on an evaluation and
  583  appraisal review report; impact lands outside the certification
  584  boundary; implement new statutory requirements that require
  585  specific comprehensive plan amendments; or increase hurricane
  586  evacuation times or the need for shelter capacity on lands
  587  within the coastal high-hazard area shall be reviewed pursuant
  588  to s. ss. 163.3184 and 163.3187.
  589         (12) A local government’s certification shall be reviewed
  590  by the local government and the department as part of the
  591  evaluation and appraisal process pursuant to s. 163.3191. Within
  592  1 year after the deadline for the local government to update its
  593  comprehensive plan based on the evaluation and appraisal report,
  594  the department shall renew or revoke the certification. The
  595  local government’s failure to adopt a timely evaluation and
  596  appraisal report, failure to adopt an evaluation and appraisal
  597  report found to be sufficient, or failure to timely adopt
  598  necessary amendments to update its comprehensive plan based on
  599  an evaluation and appraisal, which are report found to be in
  600  compliance by the department, shall be cause for revoking the
  601  certification agreement. The department’s decision to renew or
  602  revoke shall be considered agency action subject to challenge
  603  under s. 120.569.
  604         (14) The Office of Program Policy Analysis and Government
  605  Accountability shall prepare a report evaluating the
  606  certification program, which shall be submitted to the Governor,
  607  the President of the Senate, and the Speaker of the House of
  608  Representatives by December 1, 2007.
  609         Section 30. Section 163.32465, Florida Statutes, is
  610  repealed.
  611         Section 31. Subsection (6) is added to section 163.3247,
  612  Florida Statutes, to read:
  613         163.3247 Century Commission for a Sustainable Florida.—
  614         (6) EXPIRATION.-This section is repealed and the commission
  615  is abolished June 30, 2013.
  616         Section 32. Section 163.3248, Florida Statutes, is created
  617  to read:
  618         163.3248 Rural land stewardship areas.—
  619         (1) Rural land stewardship areas are designed to establish
  620  a long-term incentive based strategy to balance and guide the
  621  allocation of land so as to accommodate future land uses in a
  622  manner that protects the natural environment, stimulate economic
  623  growth and diversification, and encourage the retention of land
  624  for agriculture and other traditional rural land uses.
  625         (2) Upon written request by one or more landowners of the
  626  subject lands to designate lands as a rural land stewardship
  627  area, or pursuant to a private-sector-initiated comprehensive
  628  plan amendment filed by, or with the consent of the owners of
  629  the subject lands, local governments may adopt a future land use
  630  overlay to designate all or portions of lands classified in the
  631  future land use element as predominantly agricultural, rural,
  632  open, open-rural, or a substantively equivalent land use, as a
  633  rural land stewardship area within which planning and economic
  634  incentives are applied to encourage the implementation of
  635  innovative and flexible planning and development strategies and
  636  creative land use planning techniques to support a diverse
  637  economic and employment base. The future land use overlay may
  638  not require a demonstration of need based on population
  639  projections or any other factors.
  640         (3) Rural land stewardship areas may be used to further the
  641  following broad principles of rural sustainability: restoration
  642  and maintenance of the economic value of rural land; control of
  643  urban sprawl; identification and protection of ecosystems,
  644  habitats, and natural resources; promotion and diversification
  645  of economic activity and employment opportunities within the
  646  rural areas; maintenance of the viability of the state’s
  647  agricultural economy; and protection of private property rights
  648  in rural areas of the state. Rural land stewardship areas may be
  649  multicounty in order to encourage coordinated regional
  650  stewardship planning.
  651         (4) A local government or one or more property owners may
  652  request assistance and participation in the development of a
  653  plan for the rural land stewardship area from the state land
  654  planning agency, the Department of Agriculture and Consumer
  655  Services, the Fish and Wildlife Conservation Commission, the
  656  Department of Environmental Protection, the appropriate water
  657  management district, the Department of Transportation, the
  658  regional planning council, private land owners, and
  659  stakeholders.
  660         (5) A rural land stewardship area shall be not less than
  661  10,000 acres, shall be located outside of municipalities and
  662  established urban service areas, and shall be designated by plan
  663  amendment by each local government with jurisdiction over the
  664  rural land stewardship area. The plan amendment or amendments
  665  designating a rural land stewardship area are subject to review
  666  pursuant to s. 163.3184 and shall provide for the following:
  667         (a) Criteria for the designation of receiving areas which
  668  shall, at a minimum, provide for the following: adequacy of
  669  suitable land to accommodate development so as to avoid conflict
  670  with significant environmentally sensitive areas, resources, and
  671  habitats; compatibility between and transition from higher
  672  density uses to lower intensity rural uses; and the
  673  establishment of receiving area service boundaries that provide
  674  for a transition from receiving areas and other land uses within
  675  the rural land stewardship area through limitations on the
  676  extension of services.
  677         (b) Innovative planning and development strategies to be
  678  applied within rural land stewardship areas pursuant to this
  679  section.
  680         (c) A process for the implementation of innovative planning
  681  and development strategies within the rural land stewardship
  682  area, including those described in this subsection, which
  683  provide for a functional mix of land uses through the adoption
  684  by the local government of zoning and land development
  685  regulations applicable to the rural land stewardship area.
  686         (d) A mix of densities and intensities that would not be
  687  characterized as urban sprawl through the use of innovative
  688  strategies and creative land use techniques.
  689         (6) A receiving area may be designated only pursuant to
  690  procedures established in the local government’s land
  691  development regulations. If receiving area designation requires
  692  the approval of the county board of county commissioners, such
  693  approval shall be by resolution with a simple majority vote.
  694  Before the commencement of development within a stewardship
  695  receiving area, a listed species survey must be performed for
  696  the area proposed for development. If listed species occur on
  697  the receiving area development site, the applicant must
  698  coordinate with each appropriate local, state, or federal agency
  699  to determine if adequate provisions have been made to protect
  700  those species in accordance with applicable regulations. In
  701  determining the adequacy of provisions for the protection of
  702  listed species and their habitats, the rural land stewardship
  703  area shall be considered as a whole, and the potential impacts
  704  and protective measures taken within areas to be developed as
  705  receiving areas shall be considered in conjunction with and
  706  compensated by lands set aside and protective measures taken
  707  within the designated sending areas.
  708         (7) Upon the adoption of a plan amendment creating a rural
  709  land stewardship area, the local government shall, by ordinance,
  710  establish a rural land stewardship overlay zoning district,
  711  which shall provide the methodology for the creation,
  712  conveyance, and use of transferable rural land use credits,
  713  hereinafter referred to as stewardship credits, the assignment
  714  and application of which does not constitute a right to develop
  715  land or increase the density of land, except as provided by this
  716  section. The total amount of stewardship credits within the
  717  rural land stewardship area must enable the realization of the
  718  long-term vision and goals for the rural land stewardship area,
  719  which may take into consideration the anticipated effect of the
  720  proposed receiving areas. The estimated amount of receiving area
  721  shall be projected based on available data, and the development
  722  potential represented by the stewardship credits created within
  723  the rural land stewardship area must correlate to that amount.
  724         (8) Stewardship credits are subject to the following
  725  limitations:
  726         (a) Stewardship credits may exist only within a rural land
  727  stewardship area.
  728         (b) Stewardship credits may be created only from lands
  729  designated as stewardship sending areas and may be used only on
  730  lands designated as stewardship receiving areas and then solely
  731  for the purpose of implementing innovative planning and
  732  development strategies and creative land use planning techniques
  733  adopted by the local government pursuant to this section.
  734         (c) Stewardship credits assigned to a parcel of land within
  735  a rural land stewardship area shall cease to exist if the parcel
  736  of land is removed from the rural land stewardship area by plan
  737  amendment.
  738         (d) Neither the creation of the rural land stewardship area
  739  by plan amendment nor the adoption of the rural land stewardship
  740  zoning overlay district by the local government may displace the
  741  underlying permitted uses or the density or intensity of land
  742  uses assigned to a parcel of land within the rural land
  743  stewardship area that existed before adoption of the plan
  744  amendment or zoning overlay district; however, once stewardship
  745  credits have been transferred from a designated sending area for
  746  use within a designated receiving area, the underlying density
  747  assigned to the designated sending area ceases to exist.
  748         (e) The underlying permitted uses, density, or intensity on
  749  each parcel of land located within a rural land stewardship area
  750  may not be increased or decreased by the local government,
  751  except as a result of the conveyance or stewardship credits, as
  752  long as the parcel remains within the rural land stewardship
  753  area.
  754         (f) Stewardship credits shall cease to exist on a parcel of
  755  land where the underlying density assigned to the parcel of land
  756  is used.
  757         (g) An increase in the density or intensity of use on a
  758  parcel of land located within a designated receiving area may
  759  occur only through the assignment or use of stewardship credits
  760  and do not require a plan amendment. A change in the type of
  761  agricultural use on property within a rural land stewardship
  762  area is not considered a change in use or intensity of use and
  763  does not require any transfer of stewardship credits.
  764         (h) A change in the density or intensity of land use on
  765  parcels located within receiving areas shall be specified in a
  766  development order that reflects the total number of stewardship
  767  credits assigned to the parcel of land and the infrastructure
  768  and support services necessary to provide for a functional mix
  769  of land uses corresponding to the plan of development.
  770         (i) Land within a rural land stewardship area may be
  771  removed from the rural land stewardship area through a plan
  772  amendment.
  773         (j) Stewardship credits may be assigned at different ratios
  774  of credits per acre according to the natural resource or other
  775  beneficial use characteristics of the land and according to the
  776  land use remaining after the transfer of credits, with the
  777  highest number of credits per acre assigned to the most
  778  environmentally valuable land or, in locations where the
  779  retention of open space and agricultural land is a priority, to
  780  such lands.
  781         (k) Stewardship credits may be transferred from a sending
  782  area only after a stewardship easement is placed on the sending
  783  area land with assigned stewardship credits. A stewardship
  784  easement is a covenant or restrictive easement running with the
  785  land which specifies the allowable uses and development
  786  restrictions for the portion of a sending area from which
  787  stewardship credits have been transferred. The stewardship
  788  easement must be jointly held by the county and the Department
  789  of Environmental Protection, the Department of Agriculture and
  790  Consumer Services, a water management district, or a recognized
  791  statewide land trust.
  792         (9) Owners of land within rural land stewardship sending
  793  areas should be provided other incentives, in addition to the
  794  use or conveyance of stewardship credits, to enter into rural
  795  land stewardship agreements, pursuant to existing law and rules
  796  adopted thereto, with state agencies, water management
  797  districts, the Fish and Wildlife Conservation Commission, and
  798  local governments to achieve mutually agreed upon objectives.
  799  Such incentives may include, but are not limited to, the
  800  following:
  801         (a) Opportunity to accumulate transferable wetland and
  802  species habitat mitigation credits for use or sale.
  803         (b) Extended permit agreements.
  804         (c) Opportunities for recreational leases and ecotourism.
  805         (d) Compensation for the achievement of specified land
  806  management activities of public benefit, including, but not
  807  limited to, facility siting and corridors, recreational leases,
  808  water conservation and storage, water reuse, wastewater
  809  recycling, water supply and water resource development, nutrient
  810  reduction, environmental restoration and mitigation, public
  811  recreation, listed species protection and recovery, and wildlife
  812  corridor management and enhancement.
  813         (e) Option agreements for sale to public entities or
  814  private land conservation entities, in either fee or easement,
  815  upon achievement of specified conservation objectives.
  816         (10) This section constitutes an overlay of land use
  817  options that provide economic and regulatory incentives for
  818  landowners outside of established and planned urban service
  819  areas to conserve and manage vast areas of land for the benefit
  820  of the state’s citizens and natural environment while
  821  maintaining and enhancing the asset value of their landholdings.
  822  It is the intent of the Legislature that this section be
  823  implemented pursuant to law and rulemaking is not authorized.
  824         (11) It is the intent of the Legislature that the rural
  825  land stewardship area located in Collier County, which was
  826  established pursuant to the requirements of a final order by the
  827  Governor and Cabinet, duly adopted as a growth management plan
  828  amendment by Collier County, and found in compliance with this
  829  chapter, be recognized as a statutory rural land stewardship
  830  area and be afforded the incentives in this section.
  831         Section 33. Paragraph (a) of subsection (2) of section
  832  163.360, Florida Statutes, is amended to read:
  833         163.360 Community redevelopment plans.—
  834         (2) The community redevelopment plan shall:
  835         (a) Conform to the comprehensive plan for the county or
  836  municipality as prepared by the local planning agency under the
  837  Community Local Government Comprehensive Planning and Land
  838  Development Regulation Act.
  839         Section 34. Paragraph (a) of subsection (3) and subsection
  840  (8) of section 163.516, Florida Statutes, are amended to read:
  841         163.516 Safe neighborhood improvement plans.—
  842         (3) The safe neighborhood improvement plan shall:
  843         (a) Be consistent with the adopted comprehensive plan for
  844  the county or municipality pursuant to the Community Local
  845  Government Comprehensive Planning and Land Development
  846  Regulation Act. No district plan shall be implemented unless the
  847  local governing body has determined said plan is consistent.
  848         (8) Pursuant to s. ss. 163.3184, 163.3187, and 163.3189,
  849  the governing body of a municipality or county shall hold two
  850  public hearings to consider the board-adopted safe neighborhood
  851  improvement plan as an amendment or modification to the
  852  municipality’s or county’s adopted local comprehensive plan.
  853         Section 35. Paragraph (f) of subsection (6), subsection
  854  (9), and paragraph (c) of subsection (11) of section 171.203,
  855  Florida Statutes, are amended to read:
  856         171.203 Interlocal service boundary agreement.—The
  857  governing body of a county and one or more municipalities or
  858  independent special districts within the county may enter into
  859  an interlocal service boundary agreement under this part. The
  860  governing bodies of a county, a municipality, or an independent
  861  special district may develop a process for reaching an
  862  interlocal service boundary agreement which provides for public
  863  participation in a manner that meets or exceeds the requirements
  864  of subsection (13), or the governing bodies may use the process
  865  established in this section.
  866         (6) An interlocal service boundary agreement may address
  867  any issue concerning service delivery, fiscal responsibilities,
  868  or boundary adjustment. The agreement may include, but need not
  869  be limited to, provisions that:
  870         (f) Establish a process for land use decisions consistent
  871  with part II of chapter 163, including those made jointly by the
  872  governing bodies of the county and the municipality, or allow a
  873  municipality to adopt land use changes consistent with part II
  874  of chapter 163 for areas that are scheduled to be annexed within
  875  the term of the interlocal agreement; however, the county
  876  comprehensive plan and land development regulations shall
  877  control until the municipality annexes the property and amends
  878  its comprehensive plan accordingly. Comprehensive plan
  879  amendments to incorporate the process established by this
  880  paragraph are exempt from the twice-per-year limitation under s.
  881  163.3187.
  882         (9) Each local government that is a party to the interlocal
  883  service boundary agreement shall amend the intergovernmental
  884  coordination element of its comprehensive plan, as described in
  885  s. 163.3177(6)(h)1., no later than 6 months following entry of
  886  the interlocal service boundary agreement consistent with s.
  887  163.3177(6)(h)1. Plan amendments required by this subsection are
  888  exempt from the twice-per-year limitation under s. 163.3187.
  889         (11)
  890         (c) Any amendment required by paragraph (a) is exempt from
  891  the twice-per-year limitation under s. 163.3187.
  892         Section 36. Section 186.513, Florida Statutes, is amended
  893  to read:
  894         186.513 Reports.—Each regional planning council shall
  895  prepare and furnish an annual report on its activities to the
  896  state land planning agency as defined in s. 163.3164(20) and the
  897  local general-purpose governments within its boundaries and,
  898  upon payment as may be established by the council, to any
  899  interested person. The regional planning councils shall make a
  900  joint report and recommendations to appropriate legislative
  901  committees.
  902         Section 37. Section 186.515, Florida Statutes, is amended
  903  to read:
  904         186.515 Creation of regional planning councils under
  905  chapter 163.—Nothing in ss. 186.501-186.507, 186.513, and
  906  186.515 is intended to repeal or limit the provisions of chapter
  907  163; however, the local general-purpose governments serving as
  908  voting members of the governing body of a regional planning
  909  council created pursuant to ss. 186.501-186.507, 186.513, and
  910  186.515 are not authorized to create a regional planning council
  911  pursuant to chapter 163 unless an agency, other than a regional
  912  planning council created pursuant to ss. 186.501-186.507,
  913  186.513, and 186.515, is designated to exercise the powers and
  914  duties in any one or more of ss. 163.3164(19) and 380.031(15);
  915  in which case, such a regional planning council is also without
  916  authority to exercise the powers and duties in s. 163.3164(19)
  917  or s. 380.031(15).
  918         Section 38. Subsection (1) of section 189.415, Florida
  919  Statutes, is amended to read:
  920         189.415 Special district public facilities report.—
  921         (1) It is declared to be the policy of this state to foster
  922  coordination between special districts and local general-purpose
  923  governments as those local general-purpose governments develop
  924  comprehensive plans under the Community Local Government
  925  Comprehensive Planning and Land Development Regulation Act,
  926  pursuant to part II of chapter 163.
  927         Section 39. Subsection (3) of section 190.004, Florida
  928  Statutes, is amended to read:
  929         190.004 Preemption; sole authority.—
  930         (3) The establishment of an independent community
  931  development district as provided in this act is not a
  932  development order within the meaning of chapter 380. All
  933  governmental planning, environmental, and land development laws,
  934  regulations, and ordinances apply to all development of the land
  935  within a community development district. Community development
  936  districts do not have the power of a local government to adopt a
  937  comprehensive plan, building code, or land development code, as
  938  those terms are defined in the Community Local Government
  939  Comprehensive Planning and Land Development Regulation Act. A
  940  district shall take no action which is inconsistent with
  941  applicable comprehensive plans, ordinances, or regulations of
  942  the applicable local general-purpose government.
  943         Section 40. Paragraph (a) of subsection (1) of section
  944  190.005, Florida Statutes, is amended to read:
  945         190.005 Establishment of district.—
  946         (1) The exclusive and uniform method for the establishment
  947  of a community development district with a size of 1,000 acres
  948  or more shall be pursuant to a rule, adopted under chapter 120
  949  by the Florida Land and Water Adjudicatory Commission, granting
  950  a petition for the establishment of a community development
  951  district.
  952         (a) A petition for the establishment of a community
  953  development district shall be filed by the petitioner with the
  954  Florida Land and Water Adjudicatory Commission. The petition
  955  shall contain:
  956         1. A metes and bounds description of the external
  957  boundaries of the district. Any real property within the
  958  external boundaries of the district which is to be excluded from
  959  the district shall be specifically described, and the last known
  960  address of all owners of such real property shall be listed. The
  961  petition shall also address the impact of the proposed district
  962  on any real property within the external boundaries of the
  963  district which is to be excluded from the district.
  964         2. The written consent to the establishment of the district
  965  by all landowners whose real property is to be included in the
  966  district or documentation demonstrating that the petitioner has
  967  control by deed, trust agreement, contract, or option of 100
  968  percent of the real property to be included in the district, and
  969  when real property to be included in the district is owned by a
  970  governmental entity and subject to a ground lease as described
  971  in s. 190.003(14), the written consent by such governmental
  972  entity.
  973         3. A designation of five persons to be the initial members
  974  of the board of supervisors, who shall serve in that office
  975  until replaced by elected members as provided in s. 190.006.
  976         4. The proposed name of the district.
  977         5. A map of the proposed district showing current major
  978  trunk water mains and sewer interceptors and outfalls if in
  979  existence.
  980         6. Based upon available data, the proposed timetable for
  981  construction of the district services and the estimated cost of
  982  constructing the proposed services. These estimates shall be
  983  submitted in good faith but are shall not be binding and may be
  984  subject to change.
  985         7. A designation of the future general distribution,
  986  location, and extent of public and private uses of land proposed
  987  for the area within the district by the future land use plan
  988  element of the effective local government comprehensive plan of
  989  which all mandatory elements have been adopted by the applicable
  990  general-purpose local government in compliance with the
  991  Community Local Government Comprehensive Planning and Land
  992  Development Regulation Act.
  993         8. A statement of estimated regulatory costs in accordance
  994  with the requirements of s. 120.541.
  995         Section 41. Paragraph (i) of subsection (6) of section
  996  193.501, Florida Statutes, is amended to read:
  997         193.501 Assessment of lands subject to a conservation
  998  easement, environmentally endangered lands, or lands used for
  999  outdoor recreational or park purposes when land development
 1000  rights have been conveyed or conservation restrictions have been
 1001  covenanted.—
 1002         (6) The following terms whenever used as referred to in
 1003  this section have the following meanings unless a different
 1004  meaning is clearly indicated by the context:
 1005         (i) “Qualified as environmentally endangered” means land
 1006  that has unique ecological characteristics, rare or limited
 1007  combinations of geological formations, or features of a rare or
 1008  limited nature constituting habitat suitable for fish, plants,
 1009  or wildlife, and which, if subject to a development moratorium
 1010  or one or more conservation easements or development
 1011  restrictions appropriate to retaining such land or water areas
 1012  predominantly in their natural state, would be consistent with
 1013  the conservation, recreation and open space, and, if applicable,
 1014  coastal protection elements of the comprehensive plan adopted by
 1015  formal action of the local governing body pursuant to s.
 1016  163.3161, the Community Local Government Comprehensive Planning
 1017  and Land Development Regulation Act; or surface waters and
 1018  wetlands, as determined by the methodology ratified in s.
 1019  373.4211.
 1020         Section 42. Subsection (15) of section 287.042, Florida
 1021  Statutes, is amended to read:
 1022         287.042 Powers, duties, and functions.—The department shall
 1023  have the following powers, duties, and functions:
 1024         (15) To enter into joint agreements with governmental
 1025  agencies, as defined in s. 163.3164(10), for the purpose of
 1026  pooling funds for the purchase of commodities or information
 1027  technology that can be used by multiple agencies.
 1028         (a) Each agency that has been appropriated or has existing
 1029  funds for such purchase, shall, upon contract award by the
 1030  department, transfer their portion of the funds into the
 1031  department’s Operating Trust Fund for payment by the department.
 1032  The funds shall be transferred by the Executive Office of the
 1033  Governor pursuant to the agency budget amendment request
 1034  provisions in chapter 216.
 1035         (b) Agencies that sign the joint agreements are financially
 1036  obligated for their portion of the agreed-upon funds. If an
 1037  agency becomes more than 90 days delinquent in paying the funds,
 1038  the department shall certify to the Chief Financial Officer the
 1039  amount due, and the Chief Financial Officer shall transfer the
 1040  amount due to the Operating Trust Fund of the department from
 1041  any of the agency’s available funds. The Chief Financial Officer
 1042  shall report these transfers and the reasons for the transfers
 1043  to the Executive Office of the Governor and the legislative
 1044  appropriations committees.
 1045         Section 43. Subsection (4) of section 288.063, Florida
 1046  Statutes, is amended to read:
 1047         288.063 Contracts for transportation projects.—
 1048         (4) The Office of Tourism, Trade, and Economic Development
 1049  may adopt criteria by which transportation projects are to be
 1050  reviewed and certified in accordance with s. 288.061. In
 1051  approving transportation projects for funding, the Office of
 1052  Tourism, Trade, and Economic Development shall consider factors
 1053  including, but not limited to, the cost per job created or
 1054  retained considering the amount of transportation funds
 1055  requested; the average hourly rate of wages for jobs created;
 1056  the reliance on the program as an inducement for the project’s
 1057  location decision; the amount of capital investment to be made
 1058  by the business; the demonstrated local commitment; the location
 1059  of the project in an enterprise zone designated pursuant to s.
 1060  290.0055; the location of the project in a spaceport territory
 1061  as defined in s. 331.304; the unemployment rate of the
 1062  surrounding area; and the poverty rate of the community; and the
 1063  adoption of an economic element as part of its local
 1064  comprehensive plan in accordance with s. 163.3177(7)(j). The
 1065  Office of Tourism, Trade, and Economic Development may contact
 1066  any agency it deems appropriate for additional input regarding
 1067  the approval of projects.
 1068         Section 44. Paragraph (a) of subsection (2), subsection
 1069  (10), and paragraph (d) of subsection (12) of section 288.975,
 1070  Florida Statutes, are amended to read:
 1071         288.975 Military base reuse plans.—
 1072         (2) As used in this section, the term:
 1073         (a) “Affected local government” means a local government
 1074  adjoining the host local government and any other unit of local
 1075  government that is not a host local government but that is
 1076  identified in a proposed military base reuse plan as providing,
 1077  operating, or maintaining one or more public facilities as
 1078  defined in s. 163.3164(24) on lands within or serving a military
 1079  base designated for closure by the Federal Government.
 1080         (10) Within 60 days after receipt of a proposed military
 1081  base reuse plan, these entities shall review and provide
 1082  comments to the host local government. The commencement of this
 1083  review period shall be advertised in newspapers of general
 1084  circulation within the host local government and any affected
 1085  local government to allow for public comment. No later than 180
 1086  days after receipt and consideration of all comments, and the
 1087  holding of at least two public hearings, the host local
 1088  government shall adopt the military base reuse plan. The host
 1089  local government shall comply with the notice requirements set
 1090  forth in s. 163.3184(11)(15) to ensure full public participation
 1091  in this planning process.
 1092         (12) Following receipt of a petition, the petitioning party
 1093  or parties and the host local government shall seek resolution
 1094  of the issues in dispute. The issues in dispute shall be
 1095  resolved as follows:
 1096         (d) Within 45 days after receiving the report from the
 1097  state land planning agency, the Administration Commission shall
 1098  take action to resolve the issues in dispute. In deciding upon a
 1099  proper resolution, the Administration Commission shall consider
 1100  the nature of the issues in dispute, any requests for a formal
 1101  administrative hearing pursuant to chapter 120, the compliance
 1102  of the parties with this section, the extent of the conflict
 1103  between the parties, the comparative hardships and the public
 1104  interest involved. If the Administration Commission incorporates
 1105  in its final order a term or condition that requires any local
 1106  government to amend its local government comprehensive plan, the
 1107  local government shall amend its plan within 60 days after the
 1108  issuance of the order. Such amendment or amendments shall be
 1109  exempt from the limitation of the frequency of plan amendments
 1110  contained in s. 163.3187(1), and A public hearing on such
 1111  amendment or amendments pursuant to s. 163.3184(11)(15)(b)1. is
 1112  shall not be required. The final order of the Administration
 1113  Commission is subject to appeal pursuant to s. 120.68. If the
 1114  order of the Administration Commission is appealed, the time for
 1115  the local government to amend its plan shall be tolled during
 1116  the pendency of any local, state, or federal administrative or
 1117  judicial proceeding relating to the military base reuse plan.
 1118         Section 45. Subsection (4) of section 290.0475, Florida
 1119  Statutes, is amended to read:
 1120         290.0475 Rejection of grant applications; penalties for
 1121  failure to meet application conditions.—Applications received
 1122  for funding under all program categories shall be rejected
 1123  without scoring only in the event that any of the following
 1124  circumstances arise:
 1125         (4) The application is not consistent with the local
 1126  government’s comprehensive plan adopted pursuant to s.
 1127  163.3184(7).
 1128         Section 46. Paragraph (c) of subsection (3) of section
 1129  311.07, Florida Statutes, is amended to read:
 1130         311.07 Florida seaport transportation and economic
 1131  development funding.—
 1132         (3)
 1133         (c) To be eligible for consideration by the council
 1134  pursuant to this section, a project must be consistent with the
 1135  port comprehensive master plan which is incorporated as part of
 1136  the approved local government comprehensive plan as required by
 1137  s. 163.3178(2)(k) or other provisions of the Community Local
 1138  Government Comprehensive Planning and Land Development
 1139  Regulation Act, part II of chapter 163.
 1140         Section 47. Subsection (1) of section 331.319, Florida
 1141  Statutes, is amended to read:
 1142         331.319 Comprehensive planning; building and safety codes.
 1143  The board of directors may:
 1144         (1) Adopt, and from time to time review, amend, supplement,
 1145  or repeal, a comprehensive general plan for the physical
 1146  development of the area within the spaceport territory in
 1147  accordance with the objectives and purposes of this act and
 1148  consistent with the comprehensive plans of the applicable county
 1149  or counties and municipality or municipalities adopted pursuant
 1150  to the Community Local Government Comprehensive Planning and
 1151  Land Development Regulation Act, part II of chapter 163.
 1152         Section 48. Paragraph (e) of subsection (5) of section
 1153  339.155, Florida Statutes, is amended to read:
 1154         339.155 Transportation planning.—
 1155         (5) ADDITIONAL TRANSPORTATION PLANS.—
 1156         (e) The regional transportation plan developed pursuant to
 1157  this section must, at a minimum, identify regionally significant
 1158  transportation facilities located within a regional
 1159  transportation area and contain a prioritized list of regionally
 1160  significant projects. The level-of-service standards for
 1161  facilities to be funded under this subsection shall be adopted
 1162  by the appropriate local government in accordance with s.
 1163  163.3180(10). The projects shall be adopted into the capital
 1164  improvements schedule of the local government comprehensive plan
 1165  pursuant to s. 163.3177(3).
 1166         Section 49. Paragraph (a) of subsection (4) of section
 1167  339.2819, Florida Statutes, is amended to read:
 1168         339.2819 Transportation Regional Incentive Program.—
 1169         (4)(a) Projects to be funded with Transportation Regional
 1170  Incentive Program funds shall, at a minimum:
 1171         1. Support those transportation facilities that serve
 1172  national, statewide, or regional functions and function as an
 1173  integrated regional transportation system.
 1174         2. Be identified in the capital improvements element of a
 1175  comprehensive plan that has been determined to be in compliance
 1176  with part II of chapter 163, after July 1, 2005, or to implement
 1177  a long-term concurrency management system adopted by a local
 1178  government in accordance with s. 163.3180(9). Further, the
 1179  project shall be in compliance with local government
 1180  comprehensive plan policies relative to corridor management.
 1181         3. Be consistent with the Strategic Intermodal System Plan
 1182  developed under s. 339.64.
 1183         4. Have a commitment for local, regional, or private
 1184  financial matching funds as a percentage of the overall project
 1185  cost.
 1186         Section 50. Subsection (5) of section 369.303, Florida
 1187  Statutes, is amended to read:
 1188         369.303 Definitions.—As used in this part:
 1189         (5) “Land development regulation” means a regulation
 1190  covered by the definition in s. 163.3164(23) and any of the
 1191  types of regulations described in s. 163.3202.
 1192         Section 51. Subsections (5) and (7) of section 369.321,
 1193  Florida Statutes, are amended to read:
 1194         369.321 Comprehensive plan amendments.—Except as otherwise
 1195  expressly provided, by January 1, 2006, each local government
 1196  within the Wekiva Study Area shall amend its local government
 1197  comprehensive plan to include the following:
 1198         (5) Comprehensive plans and comprehensive plan amendments
 1199  adopted by the local governments to implement this section shall
 1200  be reviewed by the Department of Community Affairs pursuant to
 1201  s. 163.3184, and shall be exempt from the provisions of s.
 1202  163.3187(1).
 1203         (7) During the period prior to the adoption of the
 1204  comprehensive plan amendments required by this act, any local
 1205  comprehensive plan amendment adopted by a city or county that
 1206  applies to land located within the Wekiva Study Area shall
 1207  protect surface and groundwater resources and be reviewed by the
 1208  Department of Community Affairs, pursuant to chapter 163 and
 1209  chapter 9J-5, Florida Administrative Code, using best available
 1210  data, including the information presented to the Wekiva River
 1211  Basin Coordinating Committee.
 1212         Section 52. Subsection (1) of section 378.021, Florida
 1213  Statutes, is amended to read:
 1214         378.021 Master reclamation plan.—
 1215         (1) The Department of Environmental Protection shall amend
 1216  the master reclamation plan that provides guidelines for the
 1217  reclamation of lands mined or disturbed by the severance of
 1218  phosphate rock prior to July 1, 1975, which lands are not
 1219  subject to mandatory reclamation under part II of chapter 211.
 1220  In amending the master reclamation plan, the Department of
 1221  Environmental Protection shall continue to conduct an onsite
 1222  evaluation of all lands mined or disturbed by the severance of
 1223  phosphate rock prior to July 1, 1975, which lands are not
 1224  subject to mandatory reclamation under part II of chapter 211.
 1225  The master reclamation plan when amended by the Department of
 1226  Environmental Protection shall be consistent with local
 1227  government plans prepared pursuant to the Community Local
 1228  Government Comprehensive Planning and Land Development
 1229  Regulation Act.
 1230         Section 53. Subsection (10) of section 380.031, Florida
 1231  Statutes, is amended to read:
 1232         380.031 Definitions.—As used in this chapter:
 1233         (10) “Local comprehensive plan” means any or all local
 1234  comprehensive plans or elements or portions thereof prepared,
 1235  adopted, or amended pursuant to the Community Local Government
 1236  Comprehensive Planning and Land Development Regulation Act, as
 1237  amended.
 1238         Section 54. Paragraph (d) of subsection (2), paragraph (b)
 1239  of subsection (6), paragraphs (c) and (e) of subsection (19),
 1240  subsection (24), paragraph (e) of subsection (28), and
 1241  paragraphs (a), (d), and (e) of subsection (29) of section
 1242  380.06, Florida Statutes, are amended, and subsection (30) is
 1243  added to that section, to read:
 1244         380.06 Developments of regional impact.—
 1245         (2) STATEWIDE GUIDELINES AND STANDARDS.—
 1246         (d) The guidelines and standards shall be applied as
 1247  follows:
 1248         1. Fixed thresholds.—
 1249         a. A development that is below 100 percent of all numerical
 1250  thresholds in the guidelines and standards shall not be required
 1251  to undergo development-of-regional-impact review.
 1252         b. A development that is at or above 120 percent of any
 1253  numerical threshold shall be required to undergo development-of
 1254  regional-impact review.
 1255         c. Projects certified under s. 403.973 which create at
 1256  least 100 jobs and meet the criteria of the Office of Tourism,
 1257  Trade, and Economic Development as to their impact on an area’s
 1258  economy, employment, and prevailing wage and skill levels that
 1259  are at or below 100 percent of the numerical thresholds for
 1260  industrial plants, industrial parks, distribution, warehousing
 1261  or wholesaling facilities, office development or multiuse
 1262  projects other than residential, as described in s.
 1263  380.0651(3)(c), (d), and (f)(h), are not required to undergo
 1264  development-of-regional-impact review.
 1265         2. Rebuttable presumption.—It shall be presumed that a
 1266  development that is at 100 percent or between 100 and 120
 1267  percent of a numerical threshold shall be required to undergo
 1268  development-of-regional-impact review.
 1269         Section 55. Paragraph (b) of subsection (6), paragraph (g)
 1270  of subsection (15), paragraphs (b), (c), and (e) of subsection
 1271  (19), subsection (24), paragraph (e) of subsection (28), and
 1272  paragraphs (a), (d), and (e) of subsection (29) of section
 1273  380.06, Florida Statutes, are amended, and subsection (30) is
 1274  added to that section, to read:
 1275         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
 1276  PLAN AMENDMENTS.—
 1277         (b) Any local government comprehensive plan amendments
 1278  related to a proposed development of regional impact, including
 1279  any changes proposed under subsection (19), may be initiated by
 1280  a local planning agency or the developer and must be considered
 1281  by the local governing body at the same time as the application
 1282  for development approval using the procedures provided for local
 1283  plan amendment in s. 163.3187 or s. 163.3189 and applicable
 1284  local ordinances, without regard to statutory or local ordinance
 1285  limits on the frequency of consideration of amendments to the
 1286  local comprehensive plan. Nothing in This paragraph does not
 1287  shall be deemed to require favorable consideration of a plan
 1288  amendment solely because it is related to a development of
 1289  regional impact. The procedure for processing such comprehensive
 1290  plan amendments is as follows:
 1291         1. If a developer seeks a comprehensive plan amendment
 1292  related to a development of regional impact, the developer must
 1293  so notify in writing the regional planning agency, the
 1294  applicable local government, and the state land planning agency
 1295  no later than the date of preapplication conference or the
 1296  submission of the proposed change under subsection (19).
 1297         2. When filing the application for development approval or
 1298  the proposed change, the developer must include a written
 1299  request for comprehensive plan amendments that would be
 1300  necessitated by the development-of-regional-impact approvals
 1301  sought. That request must include data and analysis upon which
 1302  the applicable local government can determine whether to
 1303  transmit the comprehensive plan amendment pursuant to s.
 1304  163.3184.
 1305         3. The local government must advertise a public hearing on
 1306  the transmittal within 30 days after filing the application for
 1307  development approval or the proposed change and must make a
 1308  determination on the transmittal within 60 days after the
 1309  initial filing unless that time is extended by the developer.
 1310         4. If the local government approves the transmittal,
 1311  procedures set forth in s. 163.3184(4)(b)-(d)(3)-(6) must be
 1312  followed.
 1313         5. Notwithstanding subsection (11) or subsection (19), the
 1314  local government may not hold a public hearing on the
 1315  application for development approval or the proposed change or
 1316  on the comprehensive plan amendments sooner than 30 days from
 1317  receipt of the response from the state land planning agency
 1318  pursuant to s. 163.3184(4)(d)(6). The 60-day time period for
 1319  local governments to adopt, adopt with changes, or not adopt
 1320  plan amendments pursuant to s. 163.3184(7) shall not apply to
 1321  concurrent plan amendments provided for in this subsection.
 1322         6. The local government must hear both the application for
 1323  development approval or the proposed change and the
 1324  comprehensive plan amendments at the same hearing. However, the
 1325  local government must take action separately on the application
 1326  for development approval or the proposed change and on the
 1327  comprehensive plan amendments.
 1328         7. Thereafter, the appeal process for the local government
 1329  development order must follow the provisions of s. 380.07, and
 1330  the compliance process for the comprehensive plan amendments
 1331  must follow the provisions of s. 163.3184.
 1332         (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
 1333         (g) A local government shall not issue permits for
 1334  development subsequent to the buildout date contained in the
 1335  development order unless:
 1336         1. The proposed development has been evaluated cumulatively
 1337  with existing development under the substantial deviation
 1338  provisions of subsection (19) subsequent to the termination or
 1339  expiration date;
 1340         2. The proposed development is consistent with an
 1341  abandonment of development order that has been issued in
 1342  accordance with the provisions of subsection (26);
 1343         3. The development of regional impact is essentially built
 1344  out, in that all the mitigation requirements in the development
 1345  order have been satisfied, all developers are in compliance with
 1346  all applicable terms and conditions of the development order
 1347  except the buildout date, and the amount of proposed development
 1348  that remains to be built is less than 40 20 percent of any
 1349  applicable development-of-regional-impact threshold; or
 1350         4. The project has been determined to be an essentially
 1351  built-out development of regional impact through an agreement
 1352  executed by the developer, the state land planning agency, and
 1353  the local government, in accordance with s. 380.032, which will
 1354  establish the terms and conditions under which the development
 1355  may be continued. If the project is determined to be essentially
 1356  built out, development may proceed pursuant to the s. 380.032
 1357  agreement after the termination or expiration date contained in
 1358  the development order without further development-of-regional
 1359  impact review subject to the local government comprehensive plan
 1360  and land development regulations or subject to a modified
 1361  development-of-regional-impact analysis. As used in this
 1362  paragraph, an “essentially built-out” development of regional
 1363  impact means:
 1364         a. The developers are in compliance with all applicable
 1365  terms and conditions of the development order except the
 1366  buildout date; and
 1367         b.(I) The amount of development that remains to be built is
 1368  less than the substantial deviation threshold specified in
 1369  paragraph (19)(b) for each individual land use category, or, for
 1370  a multiuse development, the sum total of all unbuilt land uses
 1371  as a percentage of the applicable substantial deviation
 1372  threshold is equal to or less than 100 percent; or
 1373         (II) The state land planning agency and the local
 1374  government have agreed in writing that the amount of development
 1375  to be built does not create the likelihood of any additional
 1376  regional impact not previously reviewed.
 1377  
 1378         The single-family residential portions of a development may
 1379  be considered “essentially built out” if all of the workforce
 1380  housing obligations and all of the infrastructure and horizontal
 1381  development have been completed, at least 50 percent of the
 1382  dwelling units have been completed, and more than 80 percent of
 1383  the lots have been conveyed to third-party individual lot owners
 1384  or to individual builders who own no more than 40 lots at the
 1385  time of the determination. The mobile home park portions of a
 1386  development may be considered “essentially built out” if all the
 1387  infrastructure and horizontal development has been completed,
 1388  and at least 50 percent of the lots are leased to individual
 1389  mobile home owners.
 1390         (19) SUBSTANTIAL DEVIATIONS.—
 1391         (b) Any proposed change to a previously approved
 1392  development of regional impact or development order condition
 1393  which, either individually or cumulatively with other changes,
 1394  exceeds any of the following criteria shall constitute a
 1395  substantial deviation and shall cause the development to be
 1396  subject to further development-of-regional-impact review without
 1397  the necessity for a finding of same by the local government:
 1398         1. An increase in the number of parking spaces at an
 1399  attraction or recreational facility by 15 10 percent or 500 330
 1400  spaces, whichever is greater, or an increase in the number of
 1401  spectators that may be accommodated at such a facility by 15 10
 1402  percent or 1,500 1,100 spectators, whichever is greater.
 1403         2. A new runway, a new terminal facility, a 25-percent
 1404  lengthening of an existing runway, or a 25-percent increase in
 1405  the number of gates of an existing terminal, but only if the
 1406  increase adds at least three additional gates.
 1407         3. An increase in industrial development area by 10 percent
 1408  or 35 acres, whichever is greater.
 1409         4. An increase in the average annual acreage mined by 10
 1410  percent or 11 acres, whichever is greater, or an increase in the
 1411  average daily water consumption by a mining operation by 10
 1412  percent or 330,000 gallons, whichever is greater. A net increase
 1413  in the size of the mine by 10 percent or 825 acres, whichever is
 1414  less. For purposes of calculating any net increases in size,
 1415  only additions and deletions of lands that have not been mined
 1416  shall be considered. An increase in the size of a heavy mineral
 1417  mine as defined in s. 378.403(7) will only constitute a
 1418  substantial deviation if the average annual acreage mined is
 1419  more than 550 acres and consumes more than 3.3 million gallons
 1420  of water per day.
 1421         3.5. An increase in land area for office development by 15
 1422  10 percent or an increase of gross floor area of office
 1423  development by 15 10 percent or 100,000 66,000 gross square
 1424  feet, whichever is greater.
 1425         4.6. An increase in the number of dwelling units by 10
 1426  percent or 55 dwelling units, whichever is greater.
 1427         5.7. An increase in the number of dwelling units by 50
 1428  percent or 200 units, whichever is greater, provided that 15
 1429  percent of the proposed additional dwelling units are dedicated
 1430  to affordable workforce housing, subject to a recorded land use
 1431  restriction that shall be for a period of not less than 20 years
 1432  and that includes resale provisions to ensure long-term
 1433  affordability for income-eligible homeowners and renters and
 1434  provisions for the workforce housing to be commenced prior to
 1435  the completion of 50 percent of the market rate dwelling. For
 1436  purposes of this subparagraph, the term “affordable workforce
 1437  housing” means housing that is affordable to a person who earns
 1438  less than 120 percent of the area median income, or less than
 1439  140 percent of the area median income if located in a county in
 1440  which the median purchase price for a single-family existing
 1441  home exceeds the statewide median purchase price of a single
 1442  family existing home. For purposes of this subparagraph, the
 1443  term “statewide median purchase price of a single-family
 1444  existing home” means the statewide purchase price as determined
 1445  in the Florida Sales Report, Single-Family Existing Homes,
 1446  released each January by the Florida Association of Realtors and
 1447  the University of Florida Real Estate Research Center.
 1448         6.8. An increase in commercial development by 60,000 55,000
 1449  square feet of gross floor area or of parking spaces provided
 1450  for customers for 425 330 cars or a 10-percent increase of
 1451  either of these, whichever is greater.
 1452         9. An increase in hotel or motel rooms by 10 percent or 83
 1453  rooms, whichever is greater.
 1454         7.10. An increase in a recreational vehicle park area by 10
 1455  percent or 110 vehicle spaces, whichever is less.
 1456         8.11. A decrease in the area set aside for open space of 5
 1457  percent or 20 acres, whichever is less.
 1458         9.12. A proposed increase to an approved multiuse
 1459  development of regional impact where the sum of the increases of
 1460  each land use as a percentage of the applicable substantial
 1461  deviation criteria is equal to or exceeds 110 percent. The
 1462  percentage of any decrease in the amount of open space shall be
 1463  treated as an increase for purposes of determining when 110
 1464  percent has been reached or exceeded.
 1465         10.13. A 15-percent increase in the number of external
 1466  vehicle trips generated by the development above that which was
 1467  projected during the original development-of-regional-impact
 1468  review.
 1469         11.14. Any change which would result in development of any
 1470  area which was specifically set aside in the application for
 1471  development approval or in the development order for
 1472  preservation or special protection of endangered or threatened
 1473  plants or animals designated as endangered, threatened, or
 1474  species of special concern and their habitat, any species
 1475  protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
 1476  archaeological and historical sites designated as significant by
 1477  the Division of Historical Resources of the Department of State.
 1478  The refinement of the boundaries and configuration of such areas
 1479  shall be considered under sub-subparagraph (e)2.j.
 1480  
 1481         The substantial deviation numerical standards in
 1482  subparagraphs 3., 6., and 5., 8., 9., and 12., excluding
 1483  residential uses, and in subparagraph 10. 13., are increased by
 1484  100 percent for a project certified under s. 403.973 which
 1485  creates jobs and meets criteria established by the Office of
 1486  Tourism, Trade, and Economic Development as to its impact on an
 1487  area’s economy, employment, and prevailing wage and skill
 1488  levels. The substantial deviation numerical standards in
 1489  subparagraphs 3., 4. 5., 6., 7., 8., 9., 12., and 10. 13. are
 1490  increased by 50 percent for a project located wholly within an
 1491  urban infill and redevelopment area designated on the applicable
 1492  adopted local comprehensive plan future land use map and not
 1493  located within the coastal high hazard area.
 1494         (c) An extension of the date of buildout of a development,
 1495  or any phase thereof, by more than 7 years is presumed to create
 1496  a substantial deviation subject to further development-of
 1497  regional-impact review.
 1498         1. An extension of the date of buildout, or any phase
 1499  thereof, of more than 5 years but not more than 7 years is
 1500  presumed not to create a substantial deviation. The extension of
 1501  the date of buildout of an areawide development of regional
 1502  impact by more than 5 years but less than 10 years is presumed
 1503  not to create a substantial deviation. These presumptions may be
 1504  rebutted by clear and convincing evidence at the public hearing
 1505  held by the local government. An extension of 5 years or less is
 1506  not a substantial deviation.
 1507         2. In recognition of the 2011 real estate market
 1508  conditions, at the option of the developer, all commencement,
 1509  phase, buildout, and expiration dates for projects that are
 1510  currently valid developments of regional impact are extended for
 1511  4 years regardless of any previous extension. Associated
 1512  mitigation requirements are extended for the same period unless
 1513  a governmental entity notifies the developer by December 1,
 1514  2011, that it has entered into a contract for construction of a
 1515  facility with some or all of development’s mitigation funds
 1516  specified in the development order or a written agreement with
 1517  the developer. The 4-year extension is not a substantial
 1518  deviation, is not subject to further development-of-regional
 1519  impact review, and may not be considered when determining
 1520  whether a subsequent extension is a substantial deviation under
 1521  this subsection. The developer must notify the local government
 1522  in writing by December 31, 2011, in order to receive the 4-year
 1523  extension.
 1524  
 1525         For the purpose of calculating when a buildout or phase
 1526  date has been exceeded, the time shall be tolled during the
 1527  pendency of administrative or judicial proceedings relating to
 1528  development permits. Any extension of the buildout date of a
 1529  project or a phase thereof shall automatically extend the
 1530  commencement date of the project, the termination date of the
 1531  development order, the expiration date of the development of
 1532  regional impact, and the phases thereof if applicable by a like
 1533  period of time. In recognition of the 2007 real estate market
 1534  conditions, all phase, buildout, and expiration dates for
 1535  projects that are developments of regional impact and under
 1536  active construction on July 1, 2007, are extended for 3 years
 1537  regardless of any prior extension. The 3-year extension is not a
 1538  substantial deviation, is not subject to further development-of
 1539  regional-impact review, and may not be considered when
 1540  determining whether a subsequent extension is a substantial
 1541  deviation under this subsection.
 1542         (e)1. Except for a development order rendered pursuant to
 1543  subsection (22) or subsection (25), a proposed change to a
 1544  development order that individually or cumulatively with any
 1545  previous change is less than any numerical criterion contained
 1546  in subparagraphs (b)1.-10.1.-13. and does not exceed any other
 1547  criterion, or that involves an extension of the buildout date of
 1548  a development, or any phase thereof, of less than 5 years is not
 1549  subject to the public hearing requirements of subparagraph
 1550  (f)3., and is not subject to a determination pursuant to
 1551  subparagraph (f)5. Notice of the proposed change shall be made
 1552  to the regional planning council and the state land planning
 1553  agency. Such notice shall include a description of previous
 1554  individual changes made to the development, including changes
 1555  previously approved by the local government, and shall include
 1556  appropriate amendments to the development order.
 1557         2. The following changes, individually or cumulatively with
 1558  any previous changes, are not substantial deviations:
 1559         a. Changes in the name of the project, developer, owner, or
 1560  monitoring official.
 1561         b. Changes to a setback that do not affect noise buffers,
 1562  environmental protection or mitigation areas, or archaeological
 1563  or historical resources.
 1564         c. Changes to minimum lot sizes.
 1565         d. Changes in the configuration of internal roads that do
 1566  not affect external access points.
 1567         e. Changes to the building design or orientation that stay
 1568  approximately within the approved area designated for such
 1569  building and parking lot, and which do not affect historical
 1570  buildings designated as significant by the Division of
 1571  Historical Resources of the Department of State.
 1572         f. Changes to increase the acreage in the development,
 1573  provided that no development is proposed on the acreage to be
 1574  added.
 1575         g. Changes to eliminate an approved land use, provided that
 1576  there are no additional regional impacts.
 1577         h. Changes required to conform to permits approved by any
 1578  federal, state, or regional permitting agency, provided that
 1579  these changes do not create additional regional impacts.
 1580         i. Any renovation or redevelopment of development within a
 1581  previously approved development of regional impact which does
 1582  not change land use or increase density or intensity of use.
 1583         j. Changes that modify boundaries and configuration of
 1584  areas described in subparagraph (b)11.14. due to science-based
 1585  refinement of such areas by survey, by habitat evaluation, by
 1586  other recognized assessment methodology, or by an environmental
 1587  assessment. In order for changes to qualify under this sub
 1588  subparagraph, the survey, habitat evaluation, or assessment must
 1589  occur prior to the time a conservation easement protecting such
 1590  lands is recorded and must not result in any net decrease in the
 1591  total acreage of the lands specifically set aside for permanent
 1592  preservation in the final development order.
 1593         k. Any other change which the state land planning agency,
 1594  in consultation with the regional planning council, agrees in
 1595  writing is similar in nature, impact, or character to the
 1596  changes enumerated in sub-subparagraphs a.-j. and which does not
 1597  create the likelihood of any additional regional impact.
 1598  
 1599         This subsection does not require the filing of a notice of
 1600  proposed change but shall require an application to the local
 1601  government to amend the development order in accordance with the
 1602  local government’s procedures for amendment of a development
 1603  order. In accordance with the local government’s procedures,
 1604  including requirements for notice to the applicant and the
 1605  public, the local government shall either deny the application
 1606  for amendment or adopt an amendment to the development order
 1607  which approves the application with or without conditions.
 1608  Following adoption, the local government shall render to the
 1609  state land planning agency the amendment to the development
 1610  order. The state land planning agency may appeal, pursuant to s.
 1611  380.07(3), the amendment to the development order if the
 1612  amendment involves sub-subparagraph g., sub-subparagraph h.,
 1613  sub-subparagraph j., or sub-subparagraph k., and it believes the
 1614  change creates a reasonable likelihood of new or additional
 1615  regional impacts.
 1616         3. Except for the change authorized by sub-subparagraph
 1617  2.f., any addition of land not previously reviewed or any change
 1618  not specified in paragraph (b) or paragraph (c) shall be
 1619  presumed to create a substantial deviation. This presumption may
 1620  be rebutted by clear and convincing evidence.
 1621         4. Any submittal of a proposed change to a previously
 1622  approved development shall include a description of individual
 1623  changes previously made to the development, including changes
 1624  previously approved by the local government. The local
 1625  government shall consider the previous and current proposed
 1626  changes in deciding whether such changes cumulatively constitute
 1627  a substantial deviation requiring further development-of
 1628  regional-impact review.
 1629         5. The following changes to an approved development of
 1630  regional impact shall be presumed to create a substantial
 1631  deviation. Such presumption may be rebutted by clear and
 1632  convincing evidence.
 1633         a. A change proposed for 15 percent or more of the acreage
 1634  to a land use not previously approved in the development order.
 1635  Changes of less than 15 percent shall be presumed not to create
 1636  a substantial deviation.
 1637         b. Notwithstanding any provision of paragraph (b) to the
 1638  contrary, a proposed change consisting of simultaneous increases
 1639  and decreases of at least two of the uses within an authorized
 1640  multiuse development of regional impact which was originally
 1641  approved with three or more uses specified in s. 380.0651(3)(c),
 1642  (d), (e), and (f) and residential use.
 1643         6. If a local government agrees to a proposed change, a
 1644  change in the transportation proportionate share calculation and
 1645  mitigation plan in an adopted development order as a result of
 1646  recalculation of the proportionate share contribution meeting
 1647  the requirements of s. 163.3180(5)(h) in effect as of the date
 1648  of such change shall be presumed not to create a substantial
 1649  deviation. For purposes of this subsection, the proposed change
 1650  in the proportionate share calculation or mitigation plan shall
 1651  not be considered an additional regional transportation impact.
 1652         (e)1. Except for a development order rendered pursuant to
 1653  subsection (22) or subsection (25), a proposed change to a
 1654  development order that individually or cumulatively with any
 1655  previous change is less than any numerical criterion contained
 1656  in subparagraphs (b)1.-13. and does not exceed any other
 1657  criterion, or that involves an extension of the buildout date of
 1658  a development, or any phase thereof, of less than 5 years is not
 1659  subject to the public hearing requirements of subparagraph
 1660  (f)3., and is not subject to a determination pursuant to
 1661  subparagraph (f)5. Notice of the proposed change shall be made
 1662  to the regional planning council and the state land planning
 1663  agency. Such notice shall include a description of previous
 1664  individual changes made to the development, including changes
 1665  previously approved by the local government, and shall include
 1666  appropriate amendments to the development order.
 1667         2. The following changes, individually or cumulatively with
 1668  any previous changes, are not substantial deviations:
 1669         a. Changes in the name of the project, developer, owner, or
 1670  monitoring official.
 1671         b. Changes to a setback that do not affect noise buffers,
 1672  environmental protection or mitigation areas, or archaeological
 1673  or historical resources.
 1674         c. Changes to minimum lot sizes.
 1675         d. Changes in the configuration of internal roads that do
 1676  not affect external access points.
 1677         e. Changes to the building design or orientation that stay
 1678  approximately within the approved area designated for such
 1679  building and parking lot, and which do not affect historical
 1680  buildings designated as significant by the Division of
 1681  Historical Resources of the Department of State.
 1682         f. Changes to increase the acreage in the development,
 1683  provided that no development is proposed on the acreage to be
 1684  added.
 1685         g. Changes to eliminate an approved land use, provided that
 1686  there are no additional regional impacts.
 1687         h. Changes required to conform to permits approved by any
 1688  federal, state, or regional permitting agency, provided that
 1689  these changes do not create additional regional impacts.
 1690         i. Any renovation or redevelopment of development within a
 1691  previously approved development of regional impact which does
 1692  not change land use or increase density or intensity of use.
 1693         j. Changes that modify boundaries and configuration of
 1694  areas described in subparagraph (b)14. due to science-based
 1695  refinement of such areas by survey, by habitat evaluation, by
 1696  other recognized assessment methodology, or by an environmental
 1697  assessment. In order for changes to qualify under this sub
 1698  subparagraph, the survey, habitat evaluation, or assessment must
 1699  occur prior to the time a conservation easement protecting such
 1700  lands is recorded and must not result in any net decrease in the
 1701  total acreage of the lands specifically set aside for permanent
 1702  preservation in the final development order.
 1703         k. Any other change which the state land planning agency,
 1704  in consultation with the regional planning council, agrees in
 1705  writing is similar in nature, impact, or character to the
 1706  changes enumerated in sub-subparagraphs a.-j. and which does not
 1707  create the likelihood of any additional regional impact.
 1708  
 1709         This subsection does not require the filing of a notice of
 1710  proposed change but shall require an application to the local
 1711  government to amend the development order in accordance with the
 1712  local government’s procedures for amendment of a development
 1713  order. In accordance with the local government’s procedures,
 1714  including requirements for notice to the applicant and the
 1715  public, the local government shall either deny the application
 1716  for amendment or adopt an amendment to the development order
 1717  which approves the application with or without conditions.
 1718  Following adoption, the local government shall render to the
 1719  state land planning agency the amendment to the development
 1720  order. The state land planning agency may appeal, pursuant to s.
 1721  380.07(3), the amendment to the development order if the
 1722  amendment involves sub-subparagraph g., sub-subparagraph h.,
 1723  sub-subparagraph j., or sub-subparagraph k., and it believes the
 1724  change creates a reasonable likelihood of new or additional
 1725  regional impacts.
 1726         3. Except for the change authorized by sub-subparagraph
 1727  2.f., any addition of land not previously reviewed or any change
 1728  not specified in paragraph (b) or paragraph (c) shall be
 1729  presumed to create a substantial deviation. This presumption may
 1730  be rebutted by clear and convincing evidence.
 1731         4. Any submittal of a proposed change to a previously
 1732  approved development shall include a description of individual
 1733  changes previously made to the development, including changes
 1734  previously approved by the local government. The local
 1735  government shall consider the previous and current proposed
 1736  changes in deciding whether such changes cumulatively constitute
 1737  a substantial deviation requiring further development-of
 1738  regional-impact review.
 1739         5. The following changes to an approved development of
 1740  regional impact shall be presumed to create a substantial
 1741  deviation. Such presumption may be rebutted by clear and
 1742  convincing evidence.
 1743         a. A change proposed for 15 percent or more of the acreage
 1744  to a land use not previously approved in the development order.
 1745  Changes of less than 15 percent shall be presumed not to create
 1746  a substantial deviation.
 1747         b. Notwithstanding any provision of paragraph (b) to the
 1748  contrary, a proposed change consisting of simultaneous increases
 1749  and decreases of at least two of the uses within an authorized
 1750  multiuse development of regional impact which was originally
 1751  approved with three or more uses specified in s. 380.0651(3)(c),
 1752  (d), and (e), and (f) and residential use.
 1753         (24) STATUTORY EXEMPTIONS.—
 1754         (a) Any proposed hospital is exempt from the provisions of
 1755  this section.
 1756         (b) Any proposed electrical transmission line or electrical
 1757  power plant is exempt from the provisions of this section.
 1758         (c) Any proposed addition to an existing sports facility
 1759  complex is exempt from the provisions of this section if the
 1760  addition meets the following characteristics:
 1761         1. It would not operate concurrently with the scheduled
 1762  hours of operation of the existing facility.
 1763         2. Its seating capacity would be no more than 75 percent of
 1764  the capacity of the existing facility.
 1765         3. The sports facility complex property is owned by a
 1766  public body prior to July 1, 1983.
 1767  
 1768         This exemption does not apply to any pari-mutuel facility.
 1769         (d) Any proposed addition or cumulative additions
 1770  subsequent to July 1, 1988, to an existing sports facility
 1771  complex owned by a state university is exempt if the increased
 1772  seating capacity of the complex is no more than 30 percent of
 1773  the capacity of the existing facility.
 1774         (e) Any addition of permanent seats or parking spaces for
 1775  an existing sports facility located on property owned by a
 1776  public body prior to July 1, 1973, is exempt from the provisions
 1777  of this section if future additions do not expand existing
 1778  permanent seating or parking capacity more than 15 percent
 1779  annually in excess of the prior year’s capacity.
 1780         (f) Any increase in the seating capacity of an existing
 1781  sports facility having a permanent seating capacity of at least
 1782  50,000 spectators is exempt from the provisions of this section,
 1783  provided that such an increase does not increase permanent
 1784  seating capacity by more than 5 percent per year and not to
 1785  exceed a total of 10 percent in any 5-year period, and provided
 1786  that the sports facility notifies the appropriate local
 1787  government within which the facility is located of the increase
 1788  at least 6 months prior to the initial use of the increased
 1789  seating, in order to permit the appropriate local government to
 1790  develop a traffic management plan for the traffic generated by
 1791  the increase. Any traffic management plan shall be consistent
 1792  with the local comprehensive plan, the regional policy plan, and
 1793  the state comprehensive plan.
 1794         (g) Any expansion in the permanent seating capacity or
 1795  additional improved parking facilities of an existing sports
 1796  facility is exempt from the provisions of this section, if the
 1797  following conditions exist:
 1798         1.a. The sports facility had a permanent seating capacity
 1799  on January 1, 1991, of at least 41,000 spectator seats;
 1800         b. The sum of such expansions in permanent seating capacity
 1801  does not exceed a total of 10 percent in any 5-year period and
 1802  does not exceed a cumulative total of 20 percent for any such
 1803  expansions; or
 1804         c. The increase in additional improved parking facilities
 1805  is a one-time addition and does not exceed 3,500 parking spaces
 1806  serving the sports facility; and
 1807         2. The local government having jurisdiction of the sports
 1808  facility includes in the development order or development permit
 1809  approving such expansion under this paragraph a finding of fact
 1810  that the proposed expansion is consistent with the
 1811  transportation, water, sewer and stormwater drainage provisions
 1812  of the approved local comprehensive plan and local land
 1813  development regulations relating to those provisions.
 1814  
 1815         Any owner or developer who intends to rely on this
 1816  statutory exemption shall provide to the department a copy of
 1817  the local government application for a development permit.
 1818  Within 45 days of receipt of the application, the department
 1819  shall render to the local government an advisory and nonbinding
 1820  opinion, in writing, stating whether, in the department’s
 1821  opinion, the prescribed conditions exist for an exemption under
 1822  this paragraph. The local government shall render the
 1823  development order approving each such expansion to the
 1824  department. The owner, developer, or department may appeal the
 1825  local government development order pursuant to s. 380.07, within
 1826  45 days after the order is rendered. The scope of review shall
 1827  be limited to the determination of whether the conditions
 1828  prescribed in this paragraph exist. If any sports facility
 1829  expansion undergoes development-of-regional-impact review, all
 1830  previous expansions which were exempt under this paragraph shall
 1831  be included in the development-of-regional-impact review.
 1832         (h) Expansion to port harbors, spoil disposal sites,
 1833  navigation channels, turning basins, harbor berths, and other
 1834  related inwater harbor facilities of ports listed in s.
 1835  403.021(9)(b), port transportation facilities and projects
 1836  listed in s. 311.07(3)(b), and intermodal transportation
 1837  facilities identified pursuant to s. 311.09(3) are exempt from
 1838  the provisions of this section when such expansions, projects,
 1839  or facilities are consistent with comprehensive master plans
 1840  that are in compliance with the provisions of s. 163.3178.
 1841         (i) Any proposed facility for the storage of any petroleum
 1842  product or any expansion of an existing facility is exempt from
 1843  the provisions of this section.
 1844         (j) Any renovation or redevelopment within the same land
 1845  parcel which does not change land use or increase density or
 1846  intensity of use.
 1847         (k) Waterport and marina development, including dry storage
 1848  facilities, are exempt from the provisions of this section.
 1849         (l) Any proposed development within an urban service
 1850  boundary established under s. 163.3177(14), which is not
 1851  otherwise exempt pursuant to subsection (29), is exempt from the
 1852  provisions of this section if the local government having
 1853  jurisdiction over the area where the development is proposed has
 1854  adopted the urban service boundary, has entered into a binding
 1855  agreement with jurisdictions that would be impacted and with the
 1856  Department of Transportation regarding the mitigation of impacts
 1857  on state and regional transportation facilities, and has adopted
 1858  a proportionate share methodology pursuant to s. 163.3180(16).
 1859         (m) Any proposed development within a rural land
 1860  stewardship area created under s. 163.3248 163.3177(11)(d) is
 1861  exempt from the provisions of this section if the local
 1862  government that has adopted the rural land stewardship area has
 1863  entered into a binding agreement with jurisdictions that would
 1864  be impacted and the Department of Transportation regarding the
 1865  mitigation of impacts on state and regional transportation
 1866  facilities, and has adopted a proportionate share methodology
 1867  pursuant to s. 163.3180(16).
 1868         (n) The establishment, relocation, or expansion of any
 1869  military installation as defined in s. 163.3175, is exempt from
 1870  this section.
 1871         (o) Any self-storage warehousing that does not allow retail
 1872  or other services is exempt from this section.
 1873         (p) Any proposed nursing home or assisted living facility
 1874  is exempt from this section.
 1875         (q) Any development identified in an airport master plan
 1876  and adopted into the comprehensive plan pursuant to s.
 1877  163.3177(6)(k) is exempt from this section.
 1878         (r) Any development identified in a campus master plan and
 1879  adopted pursuant to s. 1013.30 is exempt from this section.
 1880         (s) Any development in a detailed specific area plan which
 1881  is prepared and adopted pursuant to s. 163.3245 and adopted into
 1882  the comprehensive plan is exempt from this section.
 1883         (t) Any proposed solid mineral mine and any proposed
 1884  addition to, expansion of, or change to an existing solid
 1885  mineral mine is exempt from this section. Proposed changes to
 1886  any previously approved solid mineral mine development-of
 1887  regional-impact development orders having vested rights is not
 1888  subject to further review or approval as a development-of
 1889  regional-impact or notice-of-proposed-change review or approval
 1890  pursuant to subsection (19), except for those applications
 1891  pending as of July 1, 2011, which shall be governed by s.
 1892  380.115(2). Notwithstanding the foregoing, however, pursuant to
 1893  s. 380.115(1), previously approved solid mineral mine
 1894  development-of-regional-impact development orders shall continue
 1895  to enjoy vested rights and continue to be effective unless
 1896  rescinded by the developer. All local government regulations of
 1897  proposed solid mineral mines shall be applicable to any new
 1898  solid mineral mine or to any proposed addition to, expansion of,
 1899  or change to an existing solid mineral mine.
 1900         (u) Notwithstanding any provisions in an agreement with or
 1901  among a local government, regional agency, or the state land
 1902  planning agency or in a local government’s comprehensive plan to
 1903  the contrary, a project no longer subject to development-of
 1904  regional-impact review under revised thresholds is not required
 1905  to undergo such review.
 1906         (v)(t) Any development within a county with a research and
 1907  education authority created by special act and that is also
 1908  within a research and development park that is operated or
 1909  managed by a research and development authority pursuant to part
 1910  V of chapter 159 is exempt from this section.
 1911  
 1912         If a use is exempt from review as a development of regional
 1913  impact under paragraphs (a)-(u) (a)-(s), but will be part of a
 1914  larger project that is subject to review as a development of
 1915  regional impact, the impact of the exempt use must be included
 1916  in the review of the larger project, unless such exempt use
 1917  involves a development of regional impact that includes a
 1918  landowner, tenant, or user that has entered into a funding
 1919  agreement with the Office of Tourism, Trade, and Economic
 1920  Development under the Innovation Incentive Program and the
 1921  agreement contemplates a state award of at least $50 million.
 1922         (28) PARTIAL STATUTORY EXEMPTIONS.—
 1923         (e) The vesting provision of s. 163.3167(5)(8) relating to
 1924  an authorized development of regional impact does shall not
 1925  apply to those projects partially exempt from the development
 1926  of-regional-impact review process under paragraphs (a)-(d).
 1927         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 1928         (a) The following are exempt from this section:
 1929         1. Any proposed development in a municipality that has an
 1930  average of at least 1,000 people per square mile of land area
 1931  and a minimum total population of at least 5,000 qualifies as a
 1932  dense urban land area as defined in s. 163.3164;
 1933         2. Any proposed development within a county, including the
 1934  municipalities located in the county, that has an average of at
 1935  least 1,000 people per square mile of land area qualifies as a
 1936  dense urban land area as defined in s. 163.3164 and that is
 1937  located within an urban service area as defined in s. 163.3164
 1938  which has been adopted into the comprehensive plan; or
 1939         3. Any proposed development within a county, including the
 1940  municipalities located therein, which has a population of at
 1941  least 900,000, that has an average of at least 1,000 people per
 1942  square mile of land area which qualifies as a dense urban land
 1943  area under s. 163.3164, but which does not have an urban service
 1944  area designated in the comprehensive plan; or
 1945         4. Any proposed development within a county, including the
 1946  municipalities located therein, which has a population of at
 1947  least 1 million and is located within an urban service area as
 1948  defined in s. 163.3164 which has been adopted into the
 1949  comprehensive plan.
 1950  
 1951         The Office of Economic and Demographic Research within the
 1952  Legislature shall annually calculate the population and density
 1953  criteria needed to determine which jurisdictions meet the
 1954  density criteria in subparagraphs 1.-4. by using the most recent
 1955  land area data from the decennial census conducted by the Bureau
 1956  of the Census of the United States Department of Commerce and
 1957  the latest available population estimates determined pursuant to
 1958  s. 186.901. If any local government has had an annexation,
 1959  contraction, or new incorporation, the Office of Economic and
 1960  Demographic Research shall determine the population density
 1961  using the new jurisdictional boundaries as recorded in
 1962  accordance with s. 171.091. The Office of Economic and
 1963  Demographic Research shall annually submit to the state land
 1964  planning agency by July 1 a list of jurisdictions that meet the
 1965  total population and density criteria. The state land planning
 1966  agency shall publish the list of jurisdictions on its Internet
 1967  website within 7 days after the list is received. The
 1968  designation of jurisdictions that meet the criteria of
 1969  subparagraphs 1.-4. is effective upon publication on the state
 1970  land planning agency’s Internet website. If a municipality that
 1971  has previously met the criteria no longer meets the criteria,
 1972  the state land planning agency shall maintain the municipality
 1973  on the list and indicate the year the jurisdiction last met the
 1974  criteria. However, any proposed development of regional impact
 1975  not within the established boundaries of a municipality at the
 1976  time the municipality last met the criteria must meet the
 1977  requirements of this section until such time as the municipality
 1978  as a whole meets the criteria. Any county that meets the
 1979  criteria shall remain on the list in accordance with the
 1980  provisions of this paragraph. Any jurisdiction that was placed
 1981  on the dense urban land area list before the effective date of
 1982  this act shall remain on the list in accordance with the
 1983  provisions of this paragraph.
 1984         (d) A development that is located partially outside an area
 1985  that is exempt from the development-of-regional-impact program
 1986  must undergo development-of-regional-impact review pursuant to
 1987  this section. However, if the total acreage that is included
 1988  within the area exempt from development-of-regional-impact
 1989  review exceeds 85 percent of the total acreage and square
 1990  footage of the approved development of regional impact, the
 1991  development-of-regional-impact development order may be
 1992  rescinded in both local governments pursuant to s. 380.115(1),
 1993  unless the portion of the development outside the exempt area
 1994  meets the threshold criteria of a development-of-regional
 1995  impact.
 1996         (e) In an area that is exempt under paragraphs (a)-(c), any
 1997  previously approved development-of-regional-impact development
 1998  orders shall continue to be effective, but the developer has the
 1999  option to be governed by s. 380.115(1). A pending application
 2000  for development approval shall be governed by s. 380.115(2). A
 2001  development that has a pending application for a comprehensive
 2002  plan amendment and that elects not to continue development-of
 2003  regional-impact review is exempt from the limitation on plan
 2004  amendments set forth in s. 163.3187(1) for the year following
 2005  the effective date of the exemption.
 2006         Section 56. Subsection (3) and paragraph (a) of subsection
 2007  (4) of section 380.0651, Florida Statutes, are amended to read:
 2008         380.0651 Statewide guidelines and standards.—
 2009         (3) The following statewide guidelines and standards shall
 2010  be applied in the manner described in s. 380.06(2) to determine
 2011  whether the following developments shall be required to undergo
 2012  development-of-regional-impact review:
 2013         (a) Airports.—
 2014         1. Any of the following airport construction projects shall
 2015  be a development of regional impact:
 2016         a. A new commercial service or general aviation airport
 2017  with paved runways.
 2018         b. A new commercial service or general aviation paved
 2019  runway.
 2020         c. A new passenger terminal facility.
 2021         2. Lengthening of an existing runway by 25 percent or an
 2022  increase in the number of gates by 25 percent or three gates,
 2023  whichever is greater, on a commercial service airport or a
 2024  general aviation airport with regularly scheduled flights is a
 2025  development of regional impact. However, expansion of existing
 2026  terminal facilities at a nonhub or small hub commercial service
 2027  airport shall not be a development of regional impact.
 2028         3. Any airport development project which is proposed for
 2029  safety, repair, or maintenance reasons alone and would not have
 2030  the potential to increase or change existing types of aircraft
 2031  activity is not a development of regional impact.
 2032  Notwithstanding subparagraphs 1. and 2., renovation,
 2033  modernization, or replacement of airport airside or terminal
 2034  facilities that may include increases in square footage of such
 2035  facilities but does not increase the number of gates or change
 2036  the existing types of aircraft activity is not a development of
 2037  regional impact.
 2038         (b) Attractions and recreation facilities.—Any sports,
 2039  entertainment, amusement, or recreation facility, including, but
 2040  not limited to, a sports arena, stadium, racetrack, tourist
 2041  attraction, amusement park, or pari-mutuel facility, the
 2042  construction or expansion of which:
 2043         1. For single performance facilities:
 2044         a. Provides parking spaces for more than 2,500 cars; or
 2045         b. Provides more than 10,000 permanent seats for
 2046  spectators.
 2047         2. For serial performance facilities:
 2048         a. Provides parking spaces for more than 1,000 cars; or
 2049         b. Provides more than 4,000 permanent seats for spectators.
 2050  
 2051         For purposes of this subsection, “serial performance
 2052  facilities” means those using their parking areas or permanent
 2053  seating more than one time per day on a regular or continuous
 2054  basis.
 2055         3. For multiscreen movie theaters of at least 8 screens and
 2056  2,500 seats:
 2057         a. Provides parking spaces for more than 1,500 cars; or
 2058         b. Provides more than 6,000 permanent seats for spectators.
 2059         (c) Industrial plants, industrial parks, and distribution,
 2060  warehousing or wholesaling facilities.—Any proposed industrial,
 2061  manufacturing, or processing plant, or distribution,
 2062  warehousing, or wholesaling facility, excluding wholesaling
 2063  developments which deal primarily with the general public
 2064  onsite, under common ownership, or any proposed industrial,
 2065  manufacturing, or processing activity or distribution,
 2066  warehousing, or wholesaling activity, excluding wholesaling
 2067  activities which deal primarily with the general public onsite,
 2068  which:
 2069         1. Provides parking for more than 2,500 motor vehicles; or
 2070         2. Occupies a site greater than 320 acres.
 2071         (c)(d) Office development.—Any proposed office building or
 2072  park operated under common ownership, development plan, or
 2073  management that:
 2074         1. Encompasses 300,000 or more square feet of gross floor
 2075  area; or
 2076         2. Encompasses more than 600,000 square feet of gross floor
 2077  area in a county with a population greater than 500,000 and only
 2078  in a geographic area specifically designated as highly suitable
 2079  for increased threshold intensity in the approved local
 2080  comprehensive plan.
 2081         (d)(e) Retail and service development.—Any proposed retail,
 2082  service, or wholesale business establishment or group of
 2083  establishments which deals primarily with the general public
 2084  onsite, operated under one common property ownership,
 2085  development plan, or management that:
 2086         1. Encompasses more than 400,000 square feet of gross area;
 2087  or
 2088         2. Provides parking spaces for more than 2,500 cars.
 2089         (f) Hotel or motel development.—
 2090         1. Any proposed hotel or motel development that is planned
 2091  to create or accommodate 350 or more units; or
 2092         2. Any proposed hotel or motel development that is planned
 2093  to create or accommodate 750 or more units, in a county with a
 2094  population greater than 500,000.
 2095         (e)(g) Recreational vehicle development.—Any proposed
 2096  recreational vehicle development planned to create or
 2097  accommodate 500 or more spaces.
 2098         (f)(h) Multiuse development.—Any proposed development with
 2099  two or more land uses where the sum of the percentages of the
 2100  appropriate thresholds identified in chapter 28-24, Florida
 2101  Administrative Code, or this section for each land use in the
 2102  development is equal to or greater than 145 percent. Any
 2103  proposed development with three or more land uses, one of which
 2104  is residential and contains at least 100 dwelling units or 15
 2105  percent of the applicable residential threshold, whichever is
 2106  greater, where the sum of the percentages of the appropriate
 2107  thresholds identified in chapter 28-24, Florida Administrative
 2108  Code, or this section for each land use in the development is
 2109  equal to or greater than 160 percent. This threshold is in
 2110  addition to, and does not preclude, a development from being
 2111  required to undergo development-of-regional-impact review under
 2112  any other threshold.
 2113         (g)(i) Residential development.—No rule may be adopted
 2114  concerning residential developments which treats a residential
 2115  development in one county as being located in a less populated
 2116  adjacent county unless more than 25 percent of the development
 2117  is located within 2 or less miles of the less populated adjacent
 2118  county. The residential thresholds of adjacent counties with
 2119  less population and a lower threshold shall not be controlling
 2120  on any development wholly located within areas designated as
 2121  rural areas of critical economic concern.
 2122         (h)(j) Workforce housing.—The applicable guidelines for
 2123  residential development and the residential component for
 2124  multiuse development shall be increased by 50 percent where the
 2125  developer demonstrates that at least 15 percent of the total
 2126  residential dwelling units authorized within the development of
 2127  regional impact will be dedicated to affordable workforce
 2128  housing, subject to a recorded land use restriction that shall
 2129  be for a period of not less than 20 years and that includes
 2130  resale provisions to ensure long-term affordability for income
 2131  eligible homeowners and renters and provisions for the workforce
 2132  housing to be commenced prior to the completion of 50 percent of
 2133  the market rate dwelling. For purposes of this paragraph, the
 2134  term “affordable workforce housing” means housing that is
 2135  affordable to a person who earns less than 120 percent of the
 2136  area median income, or less than 140 percent of the area median
 2137  income if located in a county in which the median purchase price
 2138  for a single-family existing home exceeds the statewide median
 2139  purchase price of a single-family existing home. For the
 2140  purposes of this paragraph, the term “statewide median purchase
 2141  price of a single-family existing home” means the statewide
 2142  purchase price as determined in the Florida Sales Report,
 2143  Single-Family Existing Homes, released each January by the
 2144  Florida Association of Realtors and the University of Florida
 2145  Real Estate Research Center.
 2146         (i)(k) Schools.—
 2147         1. The proposed construction of any public, private, or
 2148  proprietary postsecondary educational campus which provides for
 2149  a design population of more than 5,000 full-time equivalent
 2150  students, or the proposed physical expansion of any public,
 2151  private, or proprietary postsecondary educational campus having
 2152  such a design population that would increase the population by
 2153  at least 20 percent of the design population.
 2154         2. As used in this paragraph, “full-time equivalent
 2155  student” means enrollment for 15 or more quarter hours during a
 2156  single academic semester. In career centers or other
 2157  institutions which do not employ semester hours or quarter hours
 2158  in accounting for student participation, enrollment for 18
 2159  contact hours shall be considered equivalent to one quarter
 2160  hour, and enrollment for 27 contact hours shall be considered
 2161  equivalent to one semester hour.
 2162         3. This paragraph does not apply to institutions which are
 2163  the subject of a campus master plan adopted by the university
 2164  board of trustees pursuant to s. 1013.30.
 2165         (4) Two or more developments, represented by their owners
 2166  or developers to be separate developments, shall be aggregated
 2167  and treated as a single development under this chapter when they
 2168  are determined to be part of a unified plan of development and
 2169  are physically proximate to one other.
 2170         (a) The criteria of three two of the following
 2171  subparagraphs must be met in order for the state land planning
 2172  agency to determine that there is a unified plan of development:
 2173         1.a. The same person has retained or shared control of the
 2174  developments;
 2175         b. The same person has ownership or a significant legal or
 2176  equitable interest in the developments; or
 2177         c. There is common management of the developments
 2178  controlling the form of physical development or disposition of
 2179  parcels of the development.
 2180         2. There is a reasonable closeness in time between the
 2181  completion of 80 percent or less of one development and the
 2182  submission to a governmental agency of a master plan or series
 2183  of plans or drawings for the other development which is
 2184  indicative of a common development effort.
 2185         3. A master plan or series of plans or drawings exists
 2186  covering the developments sought to be aggregated which have
 2187  been submitted to a local general-purpose government, water
 2188  management district, the Florida Department of Environmental
 2189  Protection, or the Division of Florida Condominiums, Timeshares,
 2190  and Mobile Homes for authorization to commence development. The
 2191  existence or implementation of a utility’s master utility plan
 2192  required by the Public Service Commission or general-purpose
 2193  local government or a master drainage plan shall not be the sole
 2194  determinant of the existence of a master plan.
 2195         4. The voluntary sharing of infrastructure that is
 2196  indicative of a common development effort or is designated
 2197  specifically to accommodate the developments sought to be
 2198  aggregated, except that which was implemented because it was
 2199  required by a local general-purpose government; water management
 2200  district; the Department of Environmental Protection; the
 2201  Division of Florida Condominiums, Timeshares, and Mobile Homes;
 2202  or the Public Service Commission.
 2203         4.5. There is a common advertising scheme or promotional
 2204  plan in effect for the developments sought to be aggregated.
 2205         Section 57. Subsection (17) of section 331.303, Florida
 2206  Statutes, is amended to read:
 2207         331.303 Definitions.—
 2208         (17) “Spaceport launch facilities” means industrial
 2209  facilities as described in s. 380.0651(3)(c), Florida Statutes
 2210  2010, and include any launch pad, launch control center, and
 2211  fixed launch-support equipment.
 2212         Section 58. Subsection (1) of section 380.115, Florida
 2213  Statutes, is amended to read:
 2214         380.115 Vested rights and duties; effect of size reduction,
 2215  changes in guidelines and standards.—
 2216         (1) A change in a development-of-regional-impact guideline
 2217  and standard does not abridge or modify any vested or other
 2218  right or any duty or obligation pursuant to any development
 2219  order or agreement that is applicable to a development of
 2220  regional impact. A development that has received a development
 2221  of-regional-impact development order pursuant to s. 380.06, but
 2222  is no longer required to undergo development-of-regional-impact
 2223  review by operation of a change in the guidelines and standards
 2224  or has reduced its size below the thresholds in s. 380.0651, or
 2225  a development that is exempt pursuant to s. 380.06(29) shall be
 2226  governed by the following procedures:
 2227         (a) The development shall continue to be governed by the
 2228  development-of-regional-impact development order and may be
 2229  completed in reliance upon and pursuant to the development order
 2230  unless the developer or landowner has followed the procedures
 2231  for rescission in paragraph (b). Any proposed changes to those
 2232  developments which continue to be governed by a development
 2233  order shall be approved pursuant to s. 380.06(19) as it existed
 2234  prior to a change in the development-of-regional-impact
 2235  guidelines and standards, except that all percentage criteria
 2236  shall be doubled and all other criteria shall be increased by 10
 2237  percent. The development-of-regional-impact development order
 2238  may be enforced by the local government as provided by ss.
 2239  380.06(17) and 380.11.
 2240         (b) If requested by the developer or landowner, the
 2241  development-of-regional-impact development order shall be
 2242  rescinded by the local government having jurisdiction upon a
 2243  showing that all required mitigation related to the amount of
 2244  development that existed on the date of rescission has been
 2245  completed.
 2246         Section 59. Paragraph (a) of subsection (8) of section
 2247  380.061, Florida Statutes, is amended to read:
 2248         380.061 The Florida Quality Developments program.—
 2249         (8)(a) Any local government comprehensive plan amendments
 2250  related to a Florida Quality Development may be initiated by a
 2251  local planning agency and considered by the local governing body
 2252  at the same time as the application for development approval,
 2253  using the procedures provided for local plan amendment in s.
 2254  163.3187 or s. 163.3189 and applicable local ordinances, without
 2255  regard to statutory or local ordinance limits on the frequency
 2256  of consideration of amendments to the local comprehensive plan.
 2257  Nothing in this subsection shall be construed to require
 2258  favorable consideration of a Florida Quality Development solely
 2259  because it is related to a development of regional impact.
 2260         Section 60. Paragraph (a) of subsection (2) and subsection
 2261  (10) of section 380.065, Florida Statutes, are amended to read:
 2262         380.065 Certification of local government review of
 2263  development.—
 2264         (2) When a petition is filed, the state land planning
 2265  agency shall have no more than 90 days to prepare and submit to
 2266  the Administration Commission a report and recommendations on
 2267  the proposed certification. In deciding whether to grant
 2268  certification, the Administration Commission shall determine
 2269  whether the following criteria are being met:
 2270         (a) The petitioning local government has adopted and
 2271  effectively implemented a local comprehensive plan and
 2272  development regulations which comply with ss. 163.3161-163.3215,
 2273  the Community Local Government Comprehensive Planning and Land
 2274  Development Regulation Act.
 2275         (10) The department shall submit an annual progress report
 2276  to the President of the Senate and the Speaker of the House of
 2277  Representatives by March 1 on the certification of local
 2278  governments, stating which local governments have been
 2279  certified. For those local governments which have applied for
 2280  certification but for which certification has been denied, the
 2281  department shall specify the reasons certification was denied.
 2282         Section 61. Section 380.0685, Florida Statutes, is amended
 2283  to read:
 2284         380.0685 State park in area of critical state concern in
 2285  county which creates land authority; surcharge on admission and
 2286  overnight occupancy.—The Department of Environmental Protection
 2287  shall impose and collect a surcharge of 50 cents per person per
 2288  day, or $5 per annual family auto entrance permit, on admission
 2289  to all state parks in areas of critical state concern located in
 2290  a county which creates a land authority pursuant to s.
 2291  380.0663(1), and a surcharge of $2.50 per night per campsite,
 2292  cabin, or other overnight recreational occupancy unit in state
 2293  parks in areas of critical state concern located in a county
 2294  which creates a land authority pursuant to s. 380.0663(1);
 2295  however, no surcharge shall be imposed or collected under this
 2296  section for overnight use by nonprofit groups of organized group
 2297  camps, primitive camping areas, or other facilities intended
 2298  primarily for organized group use. Such surcharges shall be
 2299  imposed within 90 days after any county creating a land
 2300  authority notifies the Department of Environmental Protection
 2301  that the land authority has been created. The proceeds from such
 2302  surcharges, less a collection fee that shall be kept by the
 2303  Department of Environmental Protection for the actual cost of
 2304  collection, not to exceed 2 percent, shall be transmitted to the
 2305  land authority of the county from which the revenue was
 2306  generated. Such funds shall be used to purchase property in the
 2307  area or areas of critical state concern in the county from which
 2308  the revenue was generated. An amount not to exceed 10 percent
 2309  may be used for administration and other costs incident to such
 2310  purchases. However, the proceeds of the surcharges imposed and
 2311  collected pursuant to this section in a state park or parks
 2312  located wholly within a municipality, less the costs of
 2313  collection as provided herein, shall be transmitted to that
 2314  municipality for use by the municipality for land acquisition or
 2315  for beach renourishment or restoration, including, but not
 2316  limited to, costs associated with any design, permitting,
 2317  monitoring, and mitigation of such work, as well as the work
 2318  itself. However, these funds may not be included in any
 2319  calculation used for providing state matching funds for local
 2320  contributions for beach renourishment or restoration. The
 2321  surcharges levied under this section shall remain imposed as
 2322  long as the land authority is in existence.
 2323         Section 62. Subsection (3) of section 380.115, Florida
 2324  Statutes, is amended to read:
 2325         380.115 Vested rights and duties; effect of size reduction,
 2326  changes in guidelines and standards.—
 2327         (3) A landowner that has filed an application for a
 2328  development-of-regional-impact review prior to the adoption of a
 2329  an optional sector plan pursuant to s. 163.3245 may elect to
 2330  have the application reviewed pursuant to s. 380.06,
 2331  comprehensive plan provisions in force prior to adoption of the
 2332  sector plan, and any requested comprehensive plan amendments
 2333  that accompany the application.
 2334         Section 63. Subsection (1) of section 403.50665, Florida
 2335  Statutes, is amended to read:
 2336         403.50665 Land use consistency.—
 2337         (1) The applicant shall include in the application a
 2338  statement on the consistency of the site and any associated
 2339  facilities that constitute a “development,” as defined in s.
 2340  380.04, with existing land use plans and zoning ordinances that
 2341  were in effect on the date the application was filed and a full
 2342  description of such consistency. This information shall include
 2343  an identification of those associated facilities that the
 2344  applicant believes are exempt from the requirements of land use
 2345  plans and zoning ordinances under the provisions of the
 2346  Community Local Government Comprehensive Planning and Land
 2347  Development Regulation Act provisions of chapter 163 and s.
 2348  380.04(3).
 2349         Section 64. Subsection (13) and paragraph (a) of subsection
 2350  (14) of section 403.973, Florida Statutes, are amended to read:
 2351         403.973 Expedited permitting; amendments to comprehensive
 2352  plans.—
 2353         (13) Notwithstanding any other provisions of law:
 2354         (a) Local comprehensive plan amendments for projects
 2355  qualified under this section are exempt from the twice-a-year
 2356  limits provision in s. 163.3187; and
 2357         (b) Projects qualified under this section are not subject
 2358  to interstate highway level-of-service standards adopted by the
 2359  Department of Transportation for concurrency purposes. The
 2360  memorandum of agreement specified in subsection (5) must include
 2361  a process by which the applicant will be assessed a fair share
 2362  of the cost of mitigating the project’s significant traffic
 2363  impacts, as defined in chapter 380 and related rules. The
 2364  agreement must also specify whether the significant traffic
 2365  impacts on the interstate system will be mitigated through the
 2366  implementation of a project or payment of funds to the
 2367  Department of Transportation. Where funds are paid, the
 2368  Department of Transportation must include in the 5-year work
 2369  program transportation projects or project phases, in an amount
 2370  equal to the funds received, to mitigate the traffic impacts
 2371  associated with the proposed project.
 2372         (14)(a) Challenges to state agency action in the expedited
 2373  permitting process for projects processed under this section are
 2374  subject to the summary hearing provisions of s. 120.574, except
 2375  that the administrative law judge’s decision, as provided in s.
 2376  120.574(2)(f), shall be in the form of a recommended order and
 2377  do shall not constitute the final action of the state agency. In
 2378  those proceedings where the action of only one agency of the
 2379  state other than the Department of Environmental Protection is
 2380  challenged, the agency of the state shall issue the final order
 2381  within 45 working days after receipt of the administrative law
 2382  judge’s recommended order, and the recommended order shall
 2383  inform the parties of their right to file exceptions or
 2384  responses to the recommended order in accordance with the
 2385  uniform rules of procedure pursuant to s. 120.54. In those
 2386  proceedings where the actions of more than one agency of the
 2387  state are challenged, the Governor shall issue the final order
 2388  within 45 working days after receipt of the administrative law
 2389  judge’s recommended order, and the recommended order shall
 2390  inform the parties of their right to file exceptions or
 2391  responses to the recommended order in accordance with the
 2392  uniform rules of procedure pursuant to s. 120.54. This paragraph
 2393  does not apply to the issuance of department licenses required
 2394  under any federally delegated or approved permit program. In
 2395  such instances, the department shall enter the final order. The
 2396  participating agencies of the state may opt at the preliminary
 2397  hearing conference to allow the administrative law judge’s
 2398  decision to constitute the final agency action. If a
 2399  participating local government agrees to participate in the
 2400  summary hearing provisions of s. 120.574 for purposes of review
 2401  of local government comprehensive plan amendments, s.
 2402  163.3184(9) and (10) apply.
 2403         Section 65. Subsections (9) and (10) of section 420.5095,
 2404  Florida Statutes, are amended to read:
 2405         420.5095 Community Workforce Housing Innovation Pilot
 2406  Program.—
 2407         (9) Notwithstanding s. 163.3184(4)(b)-(d)(3)-(6), any local
 2408  government comprehensive plan amendment to implement a Community
 2409  Workforce Housing Innovation Pilot Program project found
 2410  consistent with the provisions of this section shall be
 2411  expedited as provided in this subsection. At least 30 days prior
 2412  to adopting a plan amendment under this subsection, the local
 2413  government shall notify the state land planning agency of its
 2414  intent to adopt such an amendment, and the notice shall include
 2415  its evaluation related to site suitability and availability of
 2416  facilities and services. The public notice of the hearing
 2417  required by s. 163.3184(11)(15)(b)2. shall include a statement
 2418  that the local government intends to use the expedited adoption
 2419  process authorized by this subsection. Such amendments shall
 2420  require only a single public hearing before the governing board,
 2421  which shall be an adoption hearing as described in s.
 2422  163.3184(4)(e)(7). The state land planning agency shall issue
 2423  its notice of intent pursuant to s. 163.3184(8) within 30 days
 2424  after determining that the amendment package is complete. Any
 2425  further proceedings shall be governed by s. ss. 163.3184(5)
 2426  (13)(9)-(16). Amendments proposed under this section are not
 2427  subject to s. 163.3187(1), which limits the adoption of a
 2428  comprehensive plan amendment to no more than two times during
 2429  any calendar year.
 2430         (10) The processing of approvals of development orders or
 2431  development permits, as defined in s. 163.3164(7) and (8), for
 2432  innovative community workforce housing projects shall be
 2433  expedited.
 2434         Section 66. Subsection (5) of section 420.615, Florida
 2435  Statutes, is amended to read:
 2436         420.615 Affordable housing land donation density bonus
 2437  incentives.—
 2438         (5) The local government, as part of the approval process,
 2439  shall adopt a comprehensive plan amendment, pursuant to part II
 2440  of chapter 163, for the receiving land that incorporates the
 2441  density bonus. Such amendment shall be adopted in the manner as
 2442  required for small-scale amendments pursuant to s. 163.3187, is
 2443  not subject to the requirements of s. 163.3184(4)(b)-(d)(3)-(6),
 2444  and is exempt from the limitation on the frequency of plan
 2445  amendments as provided in s. 163.3187.
 2446         Section 67. Subsection (16) of section 420.9071, Florida
 2447  Statutes, is amended to read:
 2448         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
 2449  term:
 2450         (16) “Local housing incentive strategies” means local
 2451  regulatory reform or incentive programs to encourage or
 2452  facilitate affordable housing production, which include at a
 2453  minimum, assurance that permits as defined in s. 163.3164(7) and
 2454  (8) for affordable housing projects are expedited to a greater
 2455  degree than other projects; an ongoing process for review of
 2456  local policies, ordinances, regulations, and plan provisions
 2457  that increase the cost of housing prior to their adoption; and a
 2458  schedule for implementing the incentive strategies. Local
 2459  housing incentive strategies may also include other regulatory
 2460  reforms, such as those enumerated in s. 420.9076 or those
 2461  recommended by the affordable housing advisory committee in its
 2462  triennial evaluation of the implementation of affordable housing
 2463  incentives, and adopted by the local governing body.
 2464         Section 68. Paragraph (a) of subsection (4) of section
 2465  420.9076, Florida Statutes, is amended to read:
 2466         420.9076 Adoption of affordable housing incentive
 2467  strategies; committees.—
 2468         (4) Triennially, the advisory committee shall review the
 2469  established policies and procedures, ordinances, land
 2470  development regulations, and adopted local government
 2471  comprehensive plan of the appointing local government and shall
 2472  recommend specific actions or initiatives to encourage or
 2473  facilitate affordable housing while protecting the ability of
 2474  the property to appreciate in value. The recommendations may
 2475  include the modification or repeal of existing policies,
 2476  procedures, ordinances, regulations, or plan provisions; the
 2477  creation of exceptions applicable to affordable housing; or the
 2478  adoption of new policies, procedures, regulations, ordinances,
 2479  or plan provisions, including recommendations to amend the local
 2480  government comprehensive plan and corresponding regulations,
 2481  ordinances, and other policies. At a minimum, each advisory
 2482  committee shall submit a report to the local governing body that
 2483  includes recommendations on, and triennially thereafter
 2484  evaluates the implementation of, affordable housing incentives
 2485  in the following areas:
 2486         (a) The processing of approvals of development orders or
 2487  permits, as defined in s. 163.3164(7) and (8), for affordable
 2488  housing projects is expedited to a greater degree than other
 2489  projects.
 2490  
 2491         The advisory committee recommendations may also include
 2492  other affordable housing incentives identified by the advisory
 2493  committee. Local governments that receive the minimum allocation
 2494  under the State Housing Initiatives Partnership Program shall
 2495  perform the initial review but may elect to not perform the
 2496  triennial review.
 2497         Section 69. Subsection (1) of section 720.403, Florida
 2498  Statutes, is amended to read:
 2499         720.403 Preservation of residential communities; revival of
 2500  declaration of covenants.—
 2501         (1) Consistent with required and optional elements of local
 2502  comprehensive plans and other applicable provisions of the
 2503  Community Local Government Comprehensive Planning and Land
 2504  Development Regulation Act, homeowners are encouraged to
 2505  preserve existing residential communities, promote available and
 2506  affordable housing, protect structural and aesthetic elements of
 2507  their residential community, and, as applicable, maintain roads
 2508  and streets, easements, water and sewer systems, utilities,
 2509  drainage improvements, conservation and open areas, recreational
 2510  amenities, and other infrastructure and common areas that serve
 2511  and support the residential community by the revival of a
 2512  previous declaration of covenants and other governing documents
 2513  that may have ceased to govern some or all parcels in the
 2514  community.
 2515         Section 70. Subsection (6) of section 1013.30, Florida
 2516  Statutes, is amended to read:
 2517         1013.30 University campus master plans and campus
 2518  development agreements.—
 2519         (6) Before a campus master plan is adopted, a copy of the
 2520  draft master plan must be sent for review or made available
 2521  electronically to the host and any affected local governments,
 2522  the state land planning agency, the Department of Environmental
 2523  Protection, the Department of Transportation, the Department of
 2524  State, the Fish and Wildlife Conservation Commission, and the
 2525  applicable water management district and regional planning
 2526  council. At the request of a governmental entity, a hard copy of
 2527  the draft master plan shall be submitted within 7 business days
 2528  of an electronic copy being made available. These agencies must
 2529  be given 90 days after receipt of the campus master plans in
 2530  which to conduct their review and provide comments to the
 2531  university board of trustees. The commencement of this review
 2532  period must be advertised in newspapers of general circulation
 2533  within the host local government and any affected local
 2534  government to allow for public comment. Following receipt and
 2535  consideration of all comments and the holding of an informal
 2536  information session and at least two public hearings within the
 2537  host jurisdiction, the university board of trustees shall adopt
 2538  the campus master plan. It is the intent of the Legislature that
 2539  the university board of trustees comply with the notice
 2540  requirements set forth in s. 163.3184(11)(15) to ensure full
 2541  public participation in this planning process. The informal
 2542  public information session must be held before the first public
 2543  hearing. The first public hearing shall be held before the draft
 2544  master plan is sent to the agencies specified in this
 2545  subsection. The second public hearing shall be held in
 2546  conjunction with the adoption of the draft master plan by the
 2547  university board of trustees. Campus master plans developed
 2548  under this section are not rules and are not subject to chapter
 2549  120 except as otherwise provided in this section.
 2550         Section 71. Section 1013.33, Florida Statutes, are amended
 2551  to read:
 2552         1013.33 Coordination of planning with local governing
 2553  bodies.—
 2554         (1) It is the policy of this state to require the
 2555  coordination of planning between boards and local governing
 2556  bodies to ensure that plans for the construction and opening of
 2557  public educational facilities are facilitated and coordinated in
 2558  time and place with plans for residential development,
 2559  concurrently with other necessary services. Such planning shall
 2560  include the integration of the educational facilities plan and
 2561  applicable policies and procedures of a board with the local
 2562  comprehensive plan and land development regulations of local
 2563  governments. The planning must include the consideration of
 2564  allowing students to attend the school located nearest their
 2565  homes when a new housing development is constructed near a
 2566  county boundary and it is more feasible to transport the
 2567  students a short distance to an existing facility in an adjacent
 2568  county than to construct a new facility or transport students
 2569  longer distances in their county of residence. The planning must
 2570  also consider the effects of the location of public education
 2571  facilities, including the feasibility of keeping central city
 2572  facilities viable, in order to encourage central city
 2573  redevelopment and the efficient use of infrastructure and to
 2574  discourage uncontrolled urban sprawl. In addition, all parties
 2575  to the planning process must consult with state and local road
 2576  departments to assist in implementing the Safe Paths to Schools
 2577  program administered by the Department of Transportation.
 2578         (2)(a) The school board, county, and nonexempt
 2579  municipalities located within the geographic area of a school
 2580  district shall enter into an interlocal agreement that jointly
 2581  establishes the specific ways in which the plans and processes
 2582  of the district school board and the local governments are to be
 2583  coordinated. The interlocal agreements shall be submitted to the
 2584  state land planning agency and the Office of Educational
 2585  Facilities in accordance with a schedule published by the state
 2586  land planning agency.
 2587         (b) The schedule must establish staggered due dates for
 2588  submission of interlocal agreements that are executed by both
 2589  the local government and district school board, commencing on
 2590  March 1, 2003, and concluding by December 1, 2004, and must set
 2591  the same date for all governmental entities within a school
 2592  district. However, if the county where the school district is
 2593  located contains more than 20 municipalities, the state land
 2594  planning agency may establish staggered due dates for the
 2595  submission of interlocal agreements by these municipalities. The
 2596  schedule must begin with those areas where both the number of
 2597  districtwide capital-outlay full-time-equivalent students equals
 2598  80 percent or more of the current year’s school capacity and the
 2599  projected 5-year student growth rate is 1,000 or greater, or
 2600  where the projected 5-year student growth rate is 10 percent or
 2601  greater.
 2602         (c) If the student population has declined over the 5-year
 2603  period preceding the due date for submittal of an interlocal
 2604  agreement by the local government and the district school board,
 2605  the local government and district school board may petition the
 2606  state land planning agency for a waiver of one or more of the
 2607  requirements of subsection (3). The waiver must be granted if
 2608  the procedures called for in subsection (3) are unnecessary
 2609  because of the school district’s declining school age
 2610  population, considering the district’s 5-year work program
 2611  prepared pursuant to s. 1013.35. The state land planning agency
 2612  may modify or revoke the waiver upon a finding that the
 2613  conditions upon which the waiver was granted no longer exist.
 2614  The district school board and local governments must submit an
 2615  interlocal agreement within 1 year after notification by the
 2616  state land planning agency that the conditions for a waiver no
 2617  longer exist.
 2618         (d) Interlocal agreements between local governments and
 2619  district school boards adopted pursuant to s. 163.3177 before
 2620  the effective date of subsections (2)-(7) (2)-(9) must be
 2621  updated and executed pursuant to the requirements of subsections
 2622  (2)-(7) (2)-(9), if necessary. Amendments to interlocal
 2623  agreements adopted pursuant to subsections (2)-(7) (2)-(9) must
 2624  be submitted to the state land planning agency within 30 days
 2625  after execution by the parties for review consistent with
 2626  subsections (3) and (4). Local governments and the district
 2627  school board in each school district are encouraged to adopt a
 2628  single interlocal agreement in which all join as parties. The
 2629  state land planning agency shall assemble and make available
 2630  model interlocal agreements meeting the requirements of
 2631  subsections (2)-(7) (2)-(9) and shall notify local governments
 2632  and, jointly with the Department of Education, the district
 2633  school boards of the requirements of subsections (2)-(7) (2)
 2634  (9), the dates for compliance, and the sanctions for
 2635  noncompliance. The state land planning agency shall be available
 2636  to informally review proposed interlocal agreements. If the
 2637  state land planning agency has not received a proposed
 2638  interlocal agreement for informal review, the state land
 2639  planning agency shall, at least 60 days before the deadline for
 2640  submission of the executed agreement, renotify the local
 2641  government and the district school board of the upcoming
 2642  deadline and the potential for sanctions.
 2643         (3) At a minimum, the interlocal agreement must address
 2644  interlocal agreement requirements in s. 163.31777 and, if
 2645  applicable, s. 163.3180(6)(13)(g), except for exempt local
 2646  governments as provided in s. 163.3177(12), and must address the
 2647  following issues:
 2648         (a) A process by which each local government and the
 2649  district school board agree and base their plans on consistent
 2650  projections of the amount, type, and distribution of population
 2651  growth and student enrollment. The geographic distribution of
 2652  jurisdiction-wide growth forecasts is a major objective of the
 2653  process.
 2654         (b) A process to coordinate and share information relating
 2655  to existing and planned public school facilities, including
 2656  school renovations and closures, and local government plans for
 2657  development and redevelopment.
 2658         (c) Participation by affected local governments with the
 2659  district school board in the process of evaluating potential
 2660  school closures, significant renovations to existing schools,
 2661  and new school site selection before land acquisition. Local
 2662  governments shall advise the district school board as to the
 2663  consistency of the proposed closure, renovation, or new site
 2664  with the local comprehensive plan, including appropriate
 2665  circumstances and criteria under which a district school board
 2666  may request an amendment to the comprehensive plan for school
 2667  siting.
 2668         (d) A process for determining the need for and timing of
 2669  onsite and offsite improvements to support new construction,
 2670  proposed expansion, or redevelopment of existing schools. The
 2671  process shall address identification of the party or parties
 2672  responsible for the improvements.
 2673         (e) A process for the school board to inform the local
 2674  government regarding the effect of comprehensive plan amendments
 2675  on school capacity. The capacity reporting must be consistent
 2676  with laws and rules regarding measurement of school facility
 2677  capacity and must also identify how the district school board
 2678  will meet the public school demand based on the facilities work
 2679  program adopted pursuant to s. 1013.35.
 2680         (f) Participation of the local governments in the
 2681  preparation of the annual update to the school board’s 5-year
 2682  district facilities work program and educational plant survey
 2683  prepared pursuant to s. 1013.35.
 2684         (g) A process for determining where and how joint use of
 2685  either school board or local government facilities can be shared
 2686  for mutual benefit and efficiency.
 2687         (h) A procedure for the resolution of disputes between the
 2688  district school board and local governments, which may include
 2689  the dispute resolution processes contained in chapters 164 and
 2690  186.
 2691         (i) An oversight process, including an opportunity for
 2692  public participation, for the implementation of the interlocal
 2693  agreement.
 2694         (4)(a) The Office of Educational Facilities shall submit
 2695  any comments or concerns regarding the executed interlocal
 2696  agreement to the state land planning agency within 30 days after
 2697  receipt of the executed interlocal agreement. The state land
 2698  planning agency shall review the executed interlocal agreement
 2699  to determine whether it is consistent with the requirements of
 2700  subsection (3), the adopted local government comprehensive plan,
 2701  and other requirements of law. Within 60 days after receipt of
 2702  an executed interlocal agreement, the state land planning agency
 2703  shall publish a notice of intent in the Florida Administrative
 2704  Weekly and shall post a copy of the notice on the agency’s
 2705  Internet site. The notice of intent must state that the
 2706  interlocal agreement is consistent or inconsistent with the
 2707  requirements of subsection (3) and this subsection as
 2708  appropriate.
 2709         (b) The state land planning agency’s notice is subject to
 2710  challenge under chapter 120; however, an affected person, as
 2711  defined in s. 163.3184(1)(a), has standing to initiate the
 2712  administrative proceeding, and this proceeding is the sole means
 2713  available to challenge the consistency of an interlocal
 2714  agreement required by this section with the criteria contained
 2715  in subsection (3) and this subsection. In order to have
 2716  standing, each person must have submitted oral or written
 2717  comments, recommendations, or objections to the local government
 2718  or the school board before the adoption of the interlocal
 2719  agreement by the district school board and local government. The
 2720  district school board and local governments are parties to any
 2721  such proceeding. In this proceeding, when the state land
 2722  planning agency finds the interlocal agreement to be consistent
 2723  with the criteria in subsection (3) and this subsection, the
 2724  interlocal agreement must be determined to be consistent with
 2725  subsection (3) and this subsection if the local government’s and
 2726  school board’s determination of consistency is fairly debatable.
 2727  When the state land planning agency finds the interlocal
 2728  agreement to be inconsistent with the requirements of subsection
 2729  (3) and this subsection, the local government’s and school
 2730  board’s determination of consistency shall be sustained unless
 2731  it is shown by a preponderance of the evidence that the
 2732  interlocal agreement is inconsistent.
 2733         (c) If the state land planning agency enters a final order
 2734  that finds that the interlocal agreement is inconsistent with
 2735  the requirements of subsection (3) or this subsection, the state
 2736  land planning agency shall forward it to the Administration
 2737  Commission, which may impose sanctions against the local
 2738  government pursuant to s. 163.3184(11) and may impose sanctions
 2739  against the district school board by directing the Department of
 2740  Education to withhold an equivalent amount of funds for school
 2741  construction available pursuant to ss. 1013.65, 1013.68,
 2742  1013.70, and 1013.72.
 2743         (5) If an executed interlocal agreement is not timely
 2744  submitted to the state land planning agency for review, the
 2745  state land planning agency shall, within 15 working days after
 2746  the deadline for submittal, issue to the local government and
 2747  the district school board a notice to show cause why sanctions
 2748  should not be imposed for failure to submit an executed
 2749  interlocal agreement by the deadline established by the agency.
 2750  The agency shall forward the notice and the responses to the
 2751  Administration Commission, which may enter a final order citing
 2752  the failure to comply and imposing sanctions against the local
 2753  government and district school board by directing the
 2754  appropriate agencies to withhold at least 5 percent of state
 2755  funds pursuant to s. 163.3184(11) and by directing the
 2756  Department of Education to withhold from the district school
 2757  board at least 5 percent of funds for school construction
 2758  available pursuant to ss. 1013.65, 1013.68, 1013.70, and
 2759  1013.72.
 2760         (6) Any local government transmitting a public school
 2761  element to implement school concurrency pursuant to the
 2762  requirements of s. 163.3180 before the effective date of this
 2763  section is not required to amend the element or any interlocal
 2764  agreement to conform with the provisions of subsections (2)-(6)
 2765  (2)-(8) if the element is adopted prior to or within 1 year
 2766  after the effective date of subsections (2)-(6) (2)-(8) and
 2767  remains in effect.
 2768         (7) Except as provided in subsection (8), municipalities
 2769  meeting the exemption criteria in s. 163.3177(12) are exempt
 2770  from the requirements of subsections (2), (3), and (4).
 2771         (8) At the time of the evaluation and appraisal report,
 2772  each exempt municipality shall assess the extent to which it
 2773  continues to meet the criteria for exemption under s.
 2774  163.3177(12). If the municipality continues to meet these
 2775  criteria, the municipality shall continue to be exempt from the
 2776  interlocal agreement requirement. Each municipality exempt under
 2777  s. 163.3177(12) must comply with the provisions of subsections
 2778  (2)-(8) within 1 year after the district school board proposes,
 2779  in its 5-year district facilities work program, a new school
 2780  within the municipality’s jurisdiction.
 2781         (7)(9) A board and the local governing body must share and
 2782  coordinate information related to existing and planned school
 2783  facilities; proposals for development, redevelopment, or
 2784  additional development; and infrastructure required to support
 2785  the school facilities, concurrent with proposed development. A
 2786  school board shall use information produced by the demographic,
 2787  revenue, and education estimating conferences pursuant to s.
 2788  216.136 when preparing the district educational facilities plan
 2789  pursuant to s. 1013.35, as modified and agreed to by the local
 2790  governments, when provided by interlocal agreement, and the
 2791  Office of Educational Facilities, in consideration of local
 2792  governments’ population projections, to ensure that the district
 2793  educational facilities plan not only reflects enrollment
 2794  projections but also considers applicable municipal and county
 2795  growth and development projections. The projections must be
 2796  apportioned geographically with assistance from the local
 2797  governments using local government trend data and the school
 2798  district student enrollment data. A school board is precluded
 2799  from siting a new school in a jurisdiction where the school
 2800  board has failed to provide the annual educational facilities
 2801  plan for the prior year required pursuant to s. 1013.35 unless
 2802  the failure is corrected.
 2803         (8)(10) The location of educational facilities shall be
 2804  consistent with the comprehensive plan of the appropriate local
 2805  governing body developed under part II of chapter 163 and
 2806  consistent with the plan’s implementing land development
 2807  regulations.
 2808         (9)(11) To improve coordination relative to potential
 2809  educational facility sites, a board shall provide written notice
 2810  to the local government that has regulatory authority over the
 2811  use of the land consistent with an interlocal agreement entered
 2812  pursuant to subsections (2)-(6) (2)-(8) at least 60 days prior
 2813  to acquiring or leasing property that may be used for a new
 2814  public educational facility. The local government, upon receipt
 2815  of this notice, shall notify the board within 45 days if the
 2816  site proposed for acquisition or lease is consistent with the
 2817  land use categories and policies of the local government’s
 2818  comprehensive plan. This preliminary notice does not constitute
 2819  the local government’s determination of consistency pursuant to
 2820  subsection (10) (12).
 2821         (10)(12) As early in the design phase as feasible and
 2822  consistent with an interlocal agreement entered pursuant to
 2823  subsections (2)-(6) (2)-(8), but no later than 90 days before
 2824  commencing construction, the district school board shall in
 2825  writing request a determination of consistency with the local
 2826  government’s comprehensive plan. The local governing body that
 2827  regulates the use of land shall determine, in writing within 45
 2828  days after receiving the necessary information and a school
 2829  board’s request for a determination, whether a proposed
 2830  educational facility is consistent with the local comprehensive
 2831  plan and consistent with local land development regulations. If
 2832  the determination is affirmative, school construction may
 2833  commence and further local government approvals are not
 2834  required, except as provided in this section. Failure of the
 2835  local governing body to make a determination in writing within
 2836  90 days after a district school board’s request for a
 2837  determination of consistency shall be considered an approval of
 2838  the district school board’s application. Campus master plans and
 2839  development agreements must comply with the provisions of ss.
 2840  1013.30 and 1013.63.
 2841         (11)(13) A local governing body may not deny the site
 2842  applicant based on adequacy of the site plan as it relates
 2843  solely to the needs of the school. If the site is consistent
 2844  with the comprehensive plan’s land use policies and categories
 2845  in which public schools are identified as allowable uses, the
 2846  local government may not deny the application but it may impose
 2847  reasonable development standards and conditions in accordance
 2848  with s. 1013.51(1) and consider the site plan and its adequacy
 2849  as it relates to environmental concerns, health, safety and
 2850  welfare, and effects on adjacent property. Standards and
 2851  conditions may not be imposed which conflict with those
 2852  established in this chapter or the Florida Building Code, unless
 2853  mutually agreed and consistent with the interlocal agreement
 2854  required by subsections (2)-(6) (2)-(8).
 2855         (12)(14) This section does not prohibit a local governing
 2856  body and district school board from agreeing and establishing an
 2857  alternative process for reviewing a proposed educational
 2858  facility and site plan, and offsite impacts, pursuant to an
 2859  interlocal agreement adopted in accordance with subsections (2)
 2860  (6) (2)-(8).
 2861         (13)(15) Existing schools shall be considered consistent
 2862  with the applicable local government comprehensive plan adopted
 2863  under part II of chapter 163. If a board submits an application
 2864  to expand an existing school site, the local governing body may
 2865  impose reasonable development standards and conditions on the
 2866  expansion only, and in a manner consistent with s. 1013.51(1).
 2867  Standards and conditions may not be imposed which conflict with
 2868  those established in this chapter or the Florida Building Code,
 2869  unless mutually agreed. Local government review or approval is
 2870  not required for:
 2871         (a) The placement of temporary or portable classroom
 2872  facilities; or
 2873         (b) Proposed renovation or construction on existing school
 2874  sites, with the exception of construction that changes the
 2875  primary use of a facility, includes stadiums, or results in a
 2876  greater than 5 percent increase in student capacity, or as
 2877  mutually agreed upon, pursuant to an interlocal agreement
 2878  adopted in accordance with subsections (2)-(6)(8).
 2879         Section 72. Paragraph (b) of subsection (2) of section
 2880  1013.35, Florida Statutes, is amended to read:
 2881         1013.35 School district educational facilities plan;
 2882  definitions; preparation, adoption, and amendment; long-term
 2883  work programs.—
 2884         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 2885  FACILITIES PLAN.—
 2886         (b) The plan must also include a financially feasible
 2887  district facilities work program for a 5-year period. The work
 2888  program must include:
 2889         1. A schedule of major repair and renovation projects
 2890  necessary to maintain the educational facilities and ancillary
 2891  facilities of the district.
 2892         2. A schedule of capital outlay projects necessary to
 2893  ensure the availability of satisfactory student stations for the
 2894  projected student enrollment in K-12 programs. This schedule
 2895  shall consider:
 2896         a. The locations, capacities, and planned utilization rates
 2897  of current educational facilities of the district. The capacity
 2898  of existing satisfactory facilities, as reported in the Florida
 2899  Inventory of School Houses must be compared to the capital
 2900  outlay full-time-equivalent student enrollment as determined by
 2901  the department, including all enrollment used in the calculation
 2902  of the distribution formula in s. 1013.64.
 2903         b. The proposed locations of planned facilities, whether
 2904  those locations are consistent with the comprehensive plans of
 2905  all affected local governments, and recommendations for
 2906  infrastructure and other improvements to land adjacent to
 2907  existing facilities. The provisions of ss. 1013.33(10), (11),
 2908  and (12), (13), and (14) and 1013.36 must be addressed for new
 2909  facilities planned within the first 3 years of the work plan, as
 2910  appropriate.
 2911         c. Plans for the use and location of relocatable
 2912  facilities, leased facilities, and charter school facilities.
 2913         d. Plans for multitrack scheduling, grade level
 2914  organization, block scheduling, or other alternatives that
 2915  reduce the need for additional permanent student stations.
 2916         e. Information concerning average class size and
 2917  utilization rate by grade level within the district which will
 2918  result if the tentative district facilities work program is
 2919  fully implemented.
 2920         f. The number and percentage of district students planned
 2921  to be educated in relocatable facilities during each year of the
 2922  tentative district facilities work program. For determining
 2923  future needs, student capacity may not be assigned to any
 2924  relocatable classroom that is scheduled for elimination or
 2925  replacement with a permanent educational facility in the current
 2926  year of the adopted district educational facilities plan and in
 2927  the district facilities work program adopted under this section.
 2928  Those relocatable classrooms clearly identified and scheduled
 2929  for replacement in a school-board-adopted, financially feasible,
 2930  5-year district facilities work program shall be counted at zero
 2931  capacity at the time the work program is adopted and approved by
 2932  the school board. However, if the district facilities work
 2933  program is changed and the relocatable classrooms are not
 2934  replaced as scheduled in the work program, the classrooms must
 2935  be reentered into the system and be counted at actual capacity.
 2936  Relocatable classrooms may not be perpetually added to the work
 2937  program or continually extended for purposes of circumventing
 2938  this section. All relocatable classrooms not identified and
 2939  scheduled for replacement, including those owned, lease
 2940  purchased, or leased by the school district, must be counted at
 2941  actual student capacity. The district educational facilities
 2942  plan must identify the number of relocatable student stations
 2943  scheduled for replacement during the 5-year survey period and
 2944  the total dollar amount needed for that replacement.
 2945         g. Plans for the closure of any school, including plans for
 2946  disposition of the facility or usage of facility space, and
 2947  anticipated revenues.
 2948         h. Projects for which capital outlay and debt service funds
 2949  accruing under s. 9(d), Art. XII of the State Constitution are
 2950  to be used shall be identified separately in priority order on a
 2951  project priority list within the district facilities work
 2952  program.
 2953         3. The projected cost for each project identified in the
 2954  district facilities work program. For proposed projects for new
 2955  student stations, a schedule shall be prepared comparing the
 2956  planned cost and square footage for each new student station, by
 2957  elementary, middle, and high school levels, to the low, average,
 2958  and high cost of facilities constructed throughout the state
 2959  during the most recent fiscal year for which data is available
 2960  from the Department of Education.
 2961         4. A schedule of estimated capital outlay revenues from
 2962  each currently approved source which is estimated to be
 2963  available for expenditure on the projects included in the
 2964  district facilities work program.
 2965         5. A schedule indicating which projects included in the
 2966  district facilities work program will be funded from current
 2967  revenues projected in subparagraph 4.
 2968         6. A schedule of options for the generation of additional
 2969  revenues by the district for expenditure on projects identified
 2970  in the district facilities work program which are not funded
 2971  under subparagraph 5. Additional anticipated revenues may
 2972  include effort index grants, SIT Program awards, and Classrooms
 2973  First funds.
 2974         Section 73. Rules 9J-5 and 9J-11.023, Florida
 2975  Administrative Code, are repealed, and the Department of State
 2976  is directed to remove those rules from the Florida
 2977  Administrative Code.
 2978         Section 74. (1) Any permit or any other authorization that
 2979  was extended beyond January 1, 2012, under section 14 of chapter
 2980  2009-96, Laws of Florida, as reauthorized by section 47 of
 2981  chapter 2010-147, Laws of Florida, and was ineligible for the
 2982  permit extension granted by section 46 of chapter 2010-147, Laws
 2983  of Florida, solely because of its extended expiration date, is
 2984  extended and renewed for an additional period of 2 years after
 2985  its previously scheduled expiration date. This extension is in
 2986  addition to the 2-year permit extension provided under section
 2987  14 of chapter 2009-96, Laws of Florida. This section does not
 2988  prohibit conversion from the construction phase to the operation
 2989  phase upon completion of construction.
 2990         (2) The commencement and completion dates for any required
 2991  mitigation associated with a phased construction project shall
 2992  be extended such that mitigation takes place in the same
 2993  timeframe relative to the phase as originally permitted.
 2994         (3) The holder of a valid permit or other authorization
 2995  that is eligible for the 2-year extension shall notify the
 2996  authorizing agency in writing by December 31, 2011, identifying
 2997  the specific authorization for which the holder intends to use
 2998  the extension and the anticipated timeframe for acting on the
 2999  authorization.
 3000         (4) The extension provided for in subsection (1) does not
 3001  apply to:
 3002         (a) A permit or other authorization under any programmatic
 3003  or regional general permit issued by the Army Corps of
 3004  Engineers.
 3005         (b) A permit or other authorization held by an owner or
 3006  operator determined to be in significant noncompliance with the
 3007  conditions of the permit or authorization as established through
 3008  the issuance of a warning letter or notice of violation, the
 3009  initiation of formal enforcement, or other equivalent action by
 3010  the authorizing agency.
 3011         (c) A permit or other authorization, if granted an
 3012  extension, that would delay or prevent compliance with a court
 3013  order.
 3014         (5) Permits extended under this section shall continue to
 3015  be governed by rules in effect at the time the permit was
 3016  issued, except if it is demonstrated that the rules in effect at
 3017  the time the permit was issued would create an immediate threat
 3018  to public safety or health. This subsection applies to any
 3019  modification of the plans, terms, and conditions of the permit
 3020  that lessens the environmental impact, except that any such
 3021  modification may not extend the time limit beyond 2 additional
 3022  years.
 3023         (6) This section does not impair the authority of a county
 3024  or municipality to require the owner of a property that has
 3025  notified the county or municipality of the owner’s intention to
 3026  receive the extension of time granted pursuant to this section
 3027  to maintain and secure the property in a safe and sanitary
 3028  condition in compliance with applicable laws and ordinances.
 3029         Section 75. (1) The state land planning agency, within 60
 3030  days after the effective date of this act, shall review any
 3031  administrative or judicial proceeding filed by the agency and
 3032  pending on the effective date of this act to determine whether
 3033  the issues raised by the state land planning agency are
 3034  consistent with the revised provisions of part II of chapter
 3035  163, Florida Statutes. For each proceeding, if the agency
 3036  determines that issues have been raised that are not consistent
 3037  with the revised provisions of part II of chapter 163, Florida
 3038  Statutes, the agency shall dismiss the proceeding. If the state
 3039  land planning agency determines that one or more issues have
 3040  been raised that are consistent with the revised provisions of
 3041  part II of chapter 163, Florida Statutes, the agency shall amend
 3042  its petition within 30 days after the determination to plead
 3043  with particularity as to the manner in which the plan or plan
 3044  amendment fails to meet the revised provisions of part II of
 3045  chapter 163, Florida Statutes. If the agency fails to timely
 3046  file such amended petition, the proceeding shall be dismissed.
 3047         (2) In all proceedings that were initiated by the state
 3048  land planning agency before the effective date of this act, and
 3049  continue after that date, the local government’s determination
 3050  that the comprehensive plan or plan amendment is in compliance
 3051  is presumed to be correct, and the local government’s
 3052  determination shall be sustained unless it is shown by a
 3053  preponderance of the evidence that the comprehensive plan or
 3054  plan amendment is not in compliance.
 3055         Section 76. All local governments shall be governed by the
 3056  revised provisions of s. 163.3191, Florida Statutes,
 3057  notwithstanding a local government’s previous failure to timely
 3058  adopt its evaluation and appraisal report or evaluation and
 3059  appraisal report-based amendments by the due dates established
 3060  in Rule 9J-42, Florida Administrative Code.
 3061         Section 77. The Division of Statutory Revision is directed
 3062  to replace the phrase “the effective date of this act” wherever
 3063  it occurs in this act with the date this act becomes a law.
 3064         Section 78. This act shall take effect upon becoming a law
 3065  
 3066  
 3067  ================= T I T L E  A M E N D M E N T ================
 3068         And the title is amended as follows:
 3069         Delete lines 98 - 194
 3070  and insert:
 3071         the evaluation and appraisal of comprehensive plans;
 3072         providing and revising local government requirements
 3073         including notice, amendments, compliance, mediation,
 3074         reports, and scoping meetings; amending s. 163.3229,
 3075         F.S.; revising limitations on duration of development
 3076         agreements; amending s. 163.3235, F.S.; revising
 3077         requirements for periodic reviews of a development
 3078         agreements; amending s. 163.3239, F.S.; revising
 3079         recording requirements; amending s. 163.3243, F.S.;
 3080         revising parties who may file an action for injunctive
 3081         relief; amending s. 163.3245, F.S.; revising
 3082         provisions relating to optional sector plans;
 3083         authorizing the adoption of sector plans under certain
 3084         circumstances; amending s. 163.3246, F.S.; revising
 3085         provisions relating to the local government
 3086         comprehensive planning certification program;
 3087         conforming provisions to changes made by the act;
 3088         deleting reporting requirements of the Office of
 3089         Program Policy Analysis and Government Accountability;
 3090         repealing s. 163.32465, F.S., relating to state review
 3091         of local comprehensive plans in urban areas; amending
 3092         s. 163.3247, F.S.; providing for future repeal and
 3093         abolition of the Century Commission for a Sustainable
 3094         Florida; creating s. 163.3248, F.S.; providing for the
 3095         designation of rural land stewardship areas; providing
 3096         purposes and requirements for the establishment of
 3097         such areas; providing for the creation of rural land
 3098         stewardship overlay zoning district and transferable
 3099         rural land use credits; providing certain limitation
 3100         relating to such credits; providing for incentives;
 3101         providing eligibility for incentives; providing
 3102         legislative intent; amending s. 380.06, F.S.; revising
 3103         requirements relating to the issuance of permits for
 3104         development by local governments; revising criteria
 3105         for the determination of substantial deviation;
 3106         providing for extension of certain expiration dates;
 3107         revising exemptions governing developments of regional
 3108         impact; revising provisions to conform to changes made
 3109         by this act; amending s. 380.0651, F.S.; revising
 3110         provisions relating to statewide guidelines and
 3111         standards for certain multiscreen movie theaters,
 3112         industrial plants, industrial parks, distribution,
 3113         warehousing and wholesaling facilities, and hotels and
 3114         motels; revising criteria for the determination of
 3115         when to treat two or more developments as a single
 3116         development; amending s. 331.303, F.S.; conforming a
 3117         cross-reference; amending s. 380.115, F.S.; subjecting
 3118         certain developments required to undergo development
 3119         of-regional-impact review to certain procedures;
 3120         amending s. 380.065, F.S.; deleting certain reporting
 3121         requirements; conforming provisions to changes made by
 3122         the act; amending s. 380.0685, F.S., relating to use
 3123         of surcharges for beach renourishment and restoration;
 3124         repealing Rules 9J-5 and 9J-11.023, Florida
 3125         Administrative Code, relating to minimum criteria for
 3126         review of local government comprehensive plans and
 3127         plan amendments, evaluation and appraisal reports,
 3128         land development regulations, and determinations of
 3129         compliance; amending ss. 70.51, 163.06, 163.2517,
 3130         163.3162, 163.3217, 163.3220, 163.3221, 163.3229,
 3131         163.360, 163.516, 171.203, 186.513, 189.415, 190.004,
 3132         190.005, 193.501, 287.042, 288.063, 288.975, 290.0475,
 3133         311.07, 331.319, 339.155, 339.2819, 369.303, 369.321,
 3134         378.021, 380.115, 380.031, 380.061, 403.50665,
 3135         403.973, 420.5095, 420.615, 420.5095, 420.9071,
 3136         420.9076, 720.403, 1013.30, 1013.33, and 1013.35,
 3137         F.S.; revising provisions to conform to changes made
 3138         by this act; extending permits and other
 3139         authorizations extended under s. 14, ch. 2009-96, Laws
 3140         of Florida; extending certain previously granted
 3141         buildout dates; requiring a permitholder to notify the
 3142         authorizing agency of its intended use of the
 3143         extension; exempting certain permits from eligibility
 3144         for an extension; providing for applicability of rules
 3145         governing permits; declaring that certain provisions
 3146         do not impair the authority of counties and
 3147         municipalities under certain circumstances; requiring
 3148         the state land planning agency to review certain
 3149         administrative and judicial proceedings; providing
 3150         procedures for such review; providing that all local
 3151         governments shall be governed by certain provisions of
 3152         general law; providing a directive of the Division of
 3153         Statutory Revision; providing an effective date.