Amendment
Bill No. HB 7001

Amendment No. 890879

CHAMBER ACTION
Senate		House
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1	Representative Saunders offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsection (31) of section 163.3164, Florida
6	Statutes, is amended to read:
7	163.3164  Local Government Comprehensive Planning and Land
8	Development Regulation Act; definitions.-As used in this act:
9	(31)  "Optional Sector plan" means the an optional process
10	authorized by s. 163.3245 in which one or more local governments
11	by agreement with the state land planning agency are allowed to
12	address development-of-regional-impact issues within certain
13	designated geographic areas identified in the local
14	comprehensive plan as a means of fostering innovative planning
15	and development strategies in s. 163.3177(11)(a) and (b),
16	furthering the purposes of this part and part I of chapter 380,
17	reducing overlapping data and analysis requirements, protecting
18	regionally significant resources and facilities, and addressing
19	extrajurisdictional impacts. The term includes an optional
20	sector plan that was adopted pursuant to the optional sector
21	plan program.
22	Section 2.  Paragraph (d) of subsection (15) of section
23	163.3177, Florida Statutes, is amended to read:
24	163.3177  Required and optional elements of comprehensive
25	plan; studies and surveys.-
26	(15)
27	(d)  This subsection does not apply to a an optional sector
28	plan adopted pursuant to s. 163.3245, a rural land stewardship
29	area designated pursuant to subsection (11), or any
30	comprehensive plan amendment that includes an inland port
31	terminal or affiliated port development.
32	Section 3.  Paragraph (a) of subsection (12) of section
33	163.3180, Florida Statutes, is amended to read:
34	163.3180  Concurrency.-
35	(12)(a)  A development of regional impact may satisfy the
36	transportation concurrency requirements of the local
37	comprehensive plan, the local government's concurrency
38	management system, and s. 380.06 by payment of a proportionate-
39	share contribution for local and regionally significant traffic
40	impacts, if:
41	1.  The development of regional impact which, based on its
42	location or mix of land uses, is designed to encourage
43	pedestrian or other nonautomotive modes of transportation;
44	2.  The proportionate-share contribution for local and
45	regionally significant traffic impacts is sufficient to pay for
46	one or more required mobility improvements that will benefit a
47	regionally significant transportation facility;
48	3.  The owner and developer of the development of regional
49	impact pays or assures payment of the proportionate-share
50	contribution; and
51	4.  If the regionally significant transportation facility
52	to be constructed or improved is under the maintenance authority
53	of a governmental entity, as defined by s. 334.03(12), other
54	than the local government with jurisdiction over the development
55	of regional impact, the developer is required to enter into a
56	binding and legally enforceable commitment to transfer funds to
57	the governmental entity having maintenance authority or to
58	otherwise assure construction or improvement of the facility.
59
60	The proportionate-share contribution may be applied to any
61	transportation facility to satisfy the provisions of this
62	subsection and the local comprehensive plan, but, for the
63	purposes of this subsection, the amount of the proportionate-
64	share contribution shall be calculated based upon the cumulative
65	number of trips from the proposed development expected to reach
66	roadways during the peak hour from the complete buildout of a
67	stage or phase being approved, divided by the change in the peak
68	hour maximum service volume of roadways resulting from
69	construction of an improvement necessary to maintain the adopted
70	level of service, multiplied by the construction cost, at the
71	time of developer payment, of the improvement necessary to
72	maintain the adopted level of service. For purposes of this
73	subsection, "construction cost" includes all associated costs of
74	the improvement. Proportionate-share mitigation shall be limited
75	to ensure that a development of regional impact meeting the
76	requirements of this subsection mitigates its impact on the
77	transportation system but is not responsible for the additional
78	cost of reducing or eliminating backlogs. This subsection also
79	applies to Florida Quality Developments pursuant to s. 380.061
80	and to detailed specific area plans implementing optional sector
81	plans pursuant to s. 163.3245.
82	Section 4.  Paragraph (c) of subsection (11) of section
83	163.3184, Florida Statutes, is amended to read:
84	163.3184  Process for adoption of comprehensive plan or
85	plan amendment.-
86	(11)  ADMINISTRATION COMMISSION.-
87	(c)  The sanctions provided by paragraphs (a) and (b) shall
88	not apply to a local government regarding any plan amendment,
89	except for plan amendments that amend plans that have not been
90	finally determined to be in compliance with this part, and
91	except as provided in s. 163.3189(2) or s. 163.3191(9)(11).
92	Section 5.  Section 163.3191, Florida Statutes, is amended
93	to read:
94	163.3191  Evaluation and appraisal of comprehensive plan.-
95	(1)  The planning program shall be a continuous and ongoing
96	process. Each local government shall prepare adopt an evaluation
97	and appraisal report once every 7 years assessing the progress
98	in implementing the local government's comprehensive plan
99	unless:
100	(a)  The local government has issued development orders for
101	residential units comprised of less than 10 percent of the local
102	government's residential development capacity at the time it
103	last submitted amendments based on an evaluation and appraisal
104	report pursuant to subsection (8);
105	(b)  The local government has not adopted amendments to its
106	comprehensive plan that increase the local government's
107	residential development capacity by 10 percent or more since it
108	last submitted amendments based on an evaluation and appraisal
109	report pursuant to subsection (8); and
110	(c)  Based on resident population estimates supplied by the
111	University of Florida, Bureau of Economic and Business Research,
112	or the Executive Office of the Governor, the local government
113	demonstrates that its population has not increased by more than
114	10 percent since it last submitted amendments based on an
115	evaluation and appraisal report pursuant to subsection (8).
116	(2)  Furthermore, It is the intent of this section that:
117	(a)  Adopted comprehensive plans be reviewed through such
118	evaluation process to respond to changes in state, regional, and
119	local policies on planning and growth management and changing
120	conditions and trends, to ensure effective intergovernmental
121	coordination, and to identify major issues regarding the
122	community's achievement of its goals.
123	(b)  After completion of the initial evaluation and
124	appraisal report and any supporting plan amendments, each
125	subsequent evaluation and appraisal report must evaluate the
126	comprehensive plan in effect at the time of the initiation of
127	the evaluation and appraisal report process.
128	(c)  Local governments identify the major issues, if
129	applicable, with input from state agencies, regional agencies,
130	adjacent local governments, and the public in the evaluation and
131	appraisal report process. It is also the intent of this section
132	to establish minimum requirements for information to ensure
133	predictability, certainty, and integrity in the growth
134	management process. The report is intended to serve as a summary
135	audit of the actions that a local government has undertaken and
136	identify changes that it may need to make. The report should be
137	based on the local government's analysis of major issues to
138	further the community's goals consistent with statewide minimum
139	standards. The report is not intended to require a comprehensive
140	rewrite of the elements within the local plan, unless a local
141	government chooses to do so.
142	(3)(2)  The report shall present an evaluation and
143	assessment of the comprehensive plan and the local government is
144	encouraged to include shall contain appropriate statements to
145	update the comprehensive plan, including, but not limited to,
146	words, maps, illustrations, or other media, related to:
147	(a)  Population growth and changes in land area, including
148	annexation, since the adoption of the original plan or the most
149	recent update amendments.
150	(b)  The extent of vacant and developable land.
151	(c)  The financial feasibility of implementing the
152	comprehensive plan and of providing needed infrastructure to
153	achieve and maintain adopted level-of-service standards and
154	sustain concurrency management systems through the capital
155	improvements element, as well as the ability to address
156	infrastructure backlogs and meet the demands of growth on public
157	services and facilities.
158	(d)  The location of existing development in relation to
159	the location of development as anticipated in the original plan,
160	or in the plan as amended by the most recent evaluation and
161	appraisal report update amendments, such as within areas
162	designated for urban growth.
163	(e)  An identification of the major issues for the
164	jurisdiction and, where pertinent, the potential social,
165	economic, and environmental impacts.
166	(f)  Relevant changes to the state comprehensive plan, the
167	requirements of this part, the minimum criteria contained in
168	chapter 9J-5, Florida Administrative Code, and the appropriate
169	strategic regional policy plan since the adoption of the
170	original plan or the most recent evaluation and appraisal report
171	update amendments.
172	(g)  An assessment of whether the plan objectives within
173	each element, as they relate to major issues, have been
174	achieved. The report shall include, as appropriate, an
175	identification as to whether unforeseen or unanticipated changes
176	in circumstances have resulted in problems or opportunities with
177	respect to major issues identified in each element and the
178	social, economic, and environmental impacts of the issue.
179	(h)  A brief assessment of successes and shortcomings
180	related to each element of the plan.
181	(i)  The identification of any actions or corrective
182	measures, including whether plan amendments are anticipated to
183	address the major issues identified and analyzed in the report.
184	Such identification shall include, as appropriate, new
185	population projections, new revised planning timeframes, a
186	revised future conditions map or map series, an updated capital
187	improvements element, and any new and revised goals, objectives,
188	and policies for major issues identified within each element.
189	This paragraph does shall not require the submittal of the plan
190	amendments with the evaluation and appraisal report.
191	(j)  A summary of the public participation program and
192	activities undertaken by the local government in preparing the
193	report.
194	(k)  The coordination of the comprehensive plan with
195	existing public schools and those identified in the applicable
196	educational facilities plan adopted pursuant to s. 1013.35. The
197	assessment shall address, where relevant, the success or failure
198	of the coordination of the future land use map and associated
199	planned residential development with public schools and their
200	capacities, as well as the joint decisionmaking processes
201	engaged in by the local government and the school board in
202	regard to establishing appropriate population projections and
203	the planning and siting of public school facilities. For those
204	counties or municipalities that do not have a public schools
205	interlocal agreement or public school facilities element, the
206	assessment shall determine whether the local government
207	continues to meet the criteria of s. 163.3177(12). If the county
208	or municipality determines that it no longer meets the criteria,
209	it must adopt appropriate school concurrency goals, objectives,
210	and policies in its plan amendments pursuant to the requirements
211	of the public school facilities element, and enter into the
212	existing interlocal agreement required by ss. 163.3177(6)(h)2.
213	and 163.31777 in order to fully participate in the school
214	concurrency system.
215	(l)  The extent to which the local government has been
216	successful in identifying alternative water supply projects and
217	traditional water supply projects, including conservation and
218	reuse, necessary to meet the water needs identified in s.
219	373.709(2)(a) within the local government's jurisdiction. The
220	report must evaluate the degree to which the local government
221	has implemented the work plan for building public, private, and
222	regional water supply facilities, including development of
223	alternative water supplies, identified in the element as
224	necessary to serve existing and new development.
225	(m)  If any of the jurisdiction of the local government is
226	located within the coastal high-hazard area, an evaluation of
227	whether any past reduction in land use density impairs the
228	property rights of current residents when redevelopment occurs,
229	including, but not limited to, redevelopment following a natural
230	disaster. The property rights of current residents shall be
231	balanced with public safety considerations. The local government
232	must identify strategies to address redevelopment feasibility
233	and the property rights of affected residents. These strategies
234	may include the authorization of redevelopment up to the actual
235	built density in existence on the property prior to the natural
236	disaster or redevelopment.
237	(n)  An assessment of whether the criteria adopted pursuant
238	to s. 163.3177(6)(a) were successful in achieving compatibility
239	with military installations.
240	(o)  The extent to which a concurrency exception area
241	designated pursuant to s. 163.3180(5), a concurrency management
242	area designated pursuant to s. 163.3180(7), or a multimodal
243	transportation district designated pursuant to s. 163.3180(15)
244	has achieved the purpose for which it was created and otherwise
245	complies with the provisions of s. 163.3180.
246	(p)  An assessment of the extent to which changes are
247	needed to develop a common methodology for measuring impacts on
248	transportation facilities for the purpose of implementing its
249	concurrency management system in coordination with the
250	municipalities and counties, as appropriate pursuant to s.
251	163.3180(10).
252	(4)(3)  Voluntary scoping meetings may be conducted by each
253	local government or several local governments within the same
254	county that agree to meet together. Joint meetings among all
255	local governments in a county are encouraged. All scoping
256	meetings shall be completed at least 1 year prior to the
257	established adoption date of the report. The purpose of the
258	meetings shall be to distribute data and resources available to
259	assist in the preparation of the report, to provide input on
260	major issues in each community that should be addressed in the
261	report, and to advise on the extent of the effort for the
262	components of subsection (3) (2). If scoping meetings are held,
263	the local government is encouraged to shall invite each state
264	and regional reviewing agency, as well as adjacent and other
265	affected local governments. A preliminary list of new data and
266	major issues that have emerged since the adoption of the
267	original plan, or the most recent evaluation and appraisal
268	report-based update amendments, should be developed by state and
269	regional entities and involved local governments for
270	distribution at the scoping meeting. For purposes of this
271	subsection, a "scoping meeting" is a meeting conducted to
272	determine the scope of review of the evaluation and appraisal
273	report by parties to which the report relates.
274	(5)(4)  The local planning agency shall prepare the
275	evaluation and appraisal report and shall make recommendations
276	to the governing body regarding adoption of the proposed report.
277	The local planning agency shall prepare the report in conformity
278	with its public participation procedures adopted as required by
279	s. 163.3181. To further public participation in the evaluation
280	and appraisal process During the preparation of the proposed
281	report and prior to making any recommendation to the governing
282	body, the local planning agency shall hold at least one public
283	hearing, with public notice, on the proposed report. At a
284	minimum, the format and content of the proposed report shall
285	include a table of contents; numbered pages; element headings;
286	section headings within elements; a list of included tables,
287	maps, and figures; a title and sources for all included tables;
288	a preparation date; and the name of the preparer. Where
289	applicable, maps shall include major natural and artificial
290	geographic features; city, county, and state lines; and a legend
291	indicating a north arrow, map scale, and the date.
292	(5)  Ninety days prior to the scheduled adoption date, the
293	local government may provide a proposed evaluation and appraisal
294	report to the state land planning agency and distribute copies
295	to state and regional commenting agencies as prescribed by rule,
296	adjacent jurisdictions, and interested citizens for review. All
297	review comments, including comments by the state land planning
298	agency, shall be transmitted to the local government and state
299	land planning agency within 30 days after receipt of the
300	proposed report.
301	(6)  The governing body, after considering the review
302	comments and recommended changes, if any, shall adopt the
303	evaluation and appraisal report by resolution or ordinance at a
304	public hearing with public notice. The governing body shall
305	adopt the report in conformity with its public participation
306	procedures adopted as required by s. 163.3181. The local
307	government shall submit to the state land planning agency three
308	copies of the report, a transmittal letter indicating the dates
309	of public hearings, and a copy of the adoption resolution or
310	ordinance. The local government shall provide a copy of the
311	report to the reviewing agencies which provided comments for the
312	proposed report, or to all the reviewing agencies if a proposed
313	report was not provided pursuant to subsection (5), including
314	the adjacent local governments. Within 60 days after receipt,
315	the state land planning agency shall review the adopted report
316	and make a preliminary sufficiency determination that shall be
317	forwarded by the agency to the local government for its
318	consideration. The state land planning agency shall issue a
319	final sufficiency determination within 90 days after receipt of
320	the adopted evaluation and appraisal report.
321	(6)(7)  The intent of the evaluation and appraisal process
322	is the preparation of a plan update that clearly and concisely
323	achieves the purpose of this section. The evaluation and
324	appraisal report shall be submitted as data and analysis in
325	support of amendments based on the report. Toward this end, the
326	sufficiency review of the state land planning agency shall
327	concentrate on whether the evaluation and appraisal report
328	sufficiently fulfills the components of subsection (2). If the
329	state land planning agency determines that the report is
330	insufficient, the governing body shall adopt a revision of the
331	report and submit the revised report for review pursuant to
332	subsection (6).
333	(8)  The state land planning agency may delegate the review
334	of evaluation and appraisal reports, including all state land
335	planning agency duties under subsections (4)-(7), to the
336	appropriate regional planning council. When the review has been
337	delegated to a regional planning council, any local government
338	in the region may elect to have its report reviewed by the
339	regional planning council rather than the state land planning
340	agency. The state land planning agency shall by agreement
341	provide for uniform and adequate review of reports and shall
342	retain oversight for any delegation of review to a regional
343	planning council.
344	(7)(9)  The state land planning agency may establish a
345	phased schedule for adoption of amendments based on evaluation
346	and appraisal reports. The schedule shall provide each local
347	government at least 7 years from plan adoption or last
348	established adoption date for amendments based on an evaluation
349	and appraisal a report and shall allot approximately one-seventh
350	of the reports to any 1 year. In order to allow the
351	municipalities to use data and analyses gathered by the
352	counties, the state land planning agency shall schedule
353	municipal report adoption dates for amendments to a municipal
354	plan which are based on an evaluation and appraisal report
355	between 1 year and 18 months later than the report adoption date
356	for amendments to a county plan which are based on an evaluation
357	and appraisal report of the county in which those municipalities
358	are located. A local government may adopt its report no earlier
359	than 90 days prior to the established adoption date. Small
360	municipalities which were scheduled by chapter 9J-33, Florida
361	Administrative Code, to adopt their evaluation and appraisal
362	report after February 2, 1999, shall be rescheduled to adopt
363	their report together with the other municipalities in their
364	county as provided in this subsection.
365	(8)(10)  The governing body shall amend its comprehensive
366	plan based on the recommendations in the report and shall update
367	the comprehensive plan based on the components of subsection (3)
368	(2), pursuant to the provisions of ss. 163.3184, 163.3187, and
369	163.3189. Amendments to update a comprehensive plan based on the
370	evaluation and appraisal report shall be adopted during a single
371	amendment cycle within the time period established by the state
372	land planning agency's schedule authorized in subsection (7) 18
373	months after the report is determined to be sufficient by the
374	state land planning agency, except that the state land planning
375	agency may grant an extension for adoption of a portion of such
376	amendments. The state land planning agency may grant a 6-month
377	extension for the adoption of such amendments if the request is
378	justified by good and sufficient cause as determined by the
379	agency. An additional extension may also be granted if the
380	request will result in greater coordination between
381	transportation and land use, for the purposes of improving
382	Florida's transportation system, as determined by the agency in
383	coordination with the Metropolitan Planning Organization
384	program. Except for local governments exempted from preparing
385	evaluation and appraisal reports pursuant to subsection (1),
386	beginning July 1, 2006, failure to timely adopt and transmit
387	update amendments to the comprehensive plan based on the
388	evaluation and appraisal report shall result in a local
389	government being prohibited from adopting amendments to the
390	comprehensive plan until the amendments based on the evaluation
391	and appraisal report update amendments have been adopted and
392	transmitted to the state land planning agency. The prohibition
393	on plan amendments shall commence when such the update
394	amendments to the comprehensive plan are past due. The
395	comprehensive plan as amended shall be in compliance as defined
396	in s. 163.3184(1)(b). Within 6 months after the effective date
397	of such the update amendments to the comprehensive plan, the
398	local government shall provide to the state land planning agency
399	and to all agencies designated by rule a complete copy of the
400	updated comprehensive plan.
401	(9)(11)  The Administration Commission may impose the
402	sanctions provided by s. 163.3184(11) against any local
403	government that fails to adopt and submit a report, or that
404	fails to implement its report through timely and sufficient
405	amendments to its local plan, except for reasons of excusable
406	delay or valid planning reasons agreed to by the state land
407	planning agency or found present by the Administration
408	Commission. Sanctions for untimely or insufficient plan
409	amendments shall be prospective only and shall begin after a
410	final order has been issued by the Administration Commission and
411	a reasonable period of time has been allowed for the local
412	government to comply with an adverse determination by the
413	Administration Commission through adoption of plan amendments
414	that are in compliance. The state land planning agency may
415	initiate, and an affected person may intervene in, such a
416	proceeding by filing a petition with the Division of
417	Administrative Hearings, which shall appoint an administrative
418	law judge and conduct a hearing pursuant to ss. 120.569 and
419	120.57(1) and shall submit a recommended order to the
420	Administration Commission. The affected local government shall
421	be a party to any such proceeding. The commission may implement
422	this subsection by rule.
423	(10)(12)  The state land planning agency may shall not
424	adopt rules to implement this section, other than procedural
425	rules.
426	(13)  The state land planning agency shall regularly review
427	the evaluation and appraisal report process and submit a report
428	to the Governor, the Administration Commission, the Speaker of
429	the House of Representatives, the President of the Senate, and
430	the respective community affairs committees of the Senate and
431	the House of Representatives. The first report shall be
432	submitted by December 31, 2004, and subsequent reports shall be
433	submitted every 5 years thereafter. At least 9 months before the
434	due date of each report, the Secretary of Community Affairs
435	shall appoint a technical committee of at least 15 members to
436	assist in the preparation of the report. The membership of the
437	technical committee shall consist of representatives of local
438	governments, regional planning councils, the private sector, and
439	environmental organizations. The report shall assess the
440	effectiveness of the evaluation and appraisal report process.
441	(11)(14)  The requirement of subsection (8) (10)
442	prohibiting a local government from adopting amendments to the
443	local comprehensive plan until the amendments based on the
444	evaluation and appraisal report update amendments have been
445	adopted and transmitted to the state land planning agency does
446	not apply to a plan amendment proposed for adoption by the
447	appropriate local government as defined in s. 163.3178(2)(k) in
448	order to integrate a port comprehensive master plan with the
449	coastal management element of the local comprehensive plan as
450	required by s. 163.3178(2)(k) if the port comprehensive master
451	plan or the proposed plan amendment does not cause or contribute
452	to the failure of the local government to comply with the
453	requirements of this section the evaluation and appraisal
454	report.
455	Section 6.  Section 163.3245, Florida Statutes, is amended
456	to read:
457	163.3245  Optional Sector plans.-
458	(1)  In recognition of the benefits of conceptual long-
459	range planning, for the buildout of an area, and detailed
460	planning for specific areas, as a demonstration project, the
461	requirements of s. 380.06 may be addressed as identified by this
462	section for up to five local governments or combinations of
463	local governments may which adopt into their the comprehensive
464	plans a plan an optional sector plan in accordance with this
465	section. This section is intended to promote and encourage long-
466	term planning for conservation, development, and agriculture on
467	a landscape scale; to further the intent of s. 163.3177(11),
468	which supports innovative and flexible planning and development
469	strategies, and the purposes of this part, and part I of chapter
470	380; to facilitate protection of regionally significant water
471	courses and wildlife corridors;, and to avoid duplication of
472	effort in terms of the level of data and analysis required for a
473	development of regional impact, while ensuring the adequate
474	mitigation of impacts to applicable regional resources and
475	facilities, including those within the jurisdiction of other
476	local governments, as would otherwise be provided. Optional
477	Sector plans are intended for substantial geographic areas that
478	include including at least 15,000 5,000 acres of one or more
479	local governmental jurisdictions and are to emphasize urban form
480	and protection of regionally significant resources and public
481	facilities. The state land planning agency may approve optional
482	sector plans of less than 5,000 acres based on local
483	circumstances if it is determined that the plan would further
484	the purposes of this part and part I of chapter 380. Preparation
485	of an optional sector plan is authorized by agreement between
486	the state land planning agency and the applicable local
487	governments under s. 163.3171(4). An optional sector plan may be
488	adopted through one or more comprehensive plan amendments under
489	s. 163.3184. A However, an optional sector plan may not be
490	adopted authorized in an area of critical state concern.
491	(2)  The state land planning agency may enter into an
492	agreement to authorize preparation of an optional sector plan
493	upon the request of one or more local governments based on
494	consideration of problems and opportunities presented by
495	existing development trends; the effectiveness of current
496	comprehensive plan provisions; the potential to further the
497	state comprehensive plan, applicable strategic regional policy
498	plans, this part, and part I of chapter 380; and those factors
499	identified by s. 163.3177(10)(i). Upon the request of a local
500	government with jurisdiction, the applicable regional planning
501	council shall conduct a scoping meeting with affected local
502	governments and those agencies identified in s. 163.3184(4)
503	before preparation of the sector plan execution of the agreement
504	authorized by this section. The purpose of this meeting is to
505	assist the state land planning agency and the local government
506	in the identification of the relevant planning issues to be
507	addressed and the data and resources available to assist in the
508	preparation of the sector subsequent plan amendments. If a
509	scoping meeting is held, the regional planning council shall
510	make written recommendations to the state land planning agency
511	and affected local governments on the issues requested by the
512	local government, including whether a sustainable sector plan
513	would be appropriate. The scoping meeting must be noticed and
514	open to the public. If the entire planning area proposed for the
515	sector plan is within the jurisdiction of two or more local
516	governments, some or all of them may enter into a joint planning
517	agreement pursuant to s. 163.3171 with respect to agreement must
518	define the geographic area to be subject to the sector plan, the
519	planning issues that will be emphasized, procedures requirements
520	for intergovernmental coordination to address
521	extrajurisdictional impacts, supporting application materials
522	including data and analysis, and procedures for public
523	participation, or any other issues agreed to by the local
524	governments entering into the agreement. An agreement may
525	address previously adopted sector plans that are consistent with
526	the standards in this section. Before executing an agreement
527	under this subsection, the local government shall hold a duly
528	noticed public workshop to review and explain to the public the
529	optional sector planning process and the terms and conditions of
530	the proposed agreement. The local government shall hold a duly
531	noticed public hearing to execute the agreement. All meetings
532	between the department and the local government must be open to
533	the public.
534	(3)  Optional Sector planning encompasses two levels:
535	adoption pursuant to under s. 163.3184 of a conceptual long-term
536	master plan for the entire planning area as part of the
537	comprehensive plan and adoption by local development order of
538	two or more buildout overlay to the comprehensive plan, having
539	no immediate effect on the issuance of development orders or the
540	applicability of s. 380.06, and adoption under s. 163.3184 of
541	detailed specific area plans that implement the conceptual long-
542	term master plan buildout overlay and authorize issuance of
543	development orders, and within which s. 380.06 is waived. Until
544	such time as a detailed specific area plan is adopted, the
545	underlying future land use designations apply.
546	(a)  In addition to the other requirements of this chapter,
547	a long-term master plan pursuant to this section conceptual
548	long-term buildout overlay must include maps, illustrations, and
549	text supported by data and analysis to address the following:
550	1.  A long-range conceptual framework map that, at a
551	minimum, generally depicts identifies anticipated areas of
552	urban, agricultural, rural, and conservation land use;
553	identifies allowed uses in various parts of the planning area;
554	specifies maximum and minimum densities and intensities of use;
555	and provides the conceptual framework for the development
556	pattern in developed areas with graphic illustrations based on a
557	hierarchy of places and functional place-making components.
558	2.  A general identification of the water supplies needed
559	and available sources of water, including water resource
560	development and water supply development projects, and water
561	conservation measures needed to meet the projected demand of the
562	future land uses in the long-term master plan.
563	3.  A general identification of the transportation
564	facilities to serve the future land uses in the long-term master
565	plan, including guidelines to be used to establish each modal
566	component intended to optimize mobility.
567	4.  A general identification of other regionally
568	significant public facilities consistent with chapter 9J-2,
569	Florida Administrative Code, irrespective of local governmental
570	jurisdiction necessary to support buildout of the anticipated
571	future land uses, which may include central utilities provided
572	on site within the planning area, and policies setting forth the
573	procedures to be used to mitigate the impacts of future land
574	uses on public facilities.
575	5.3.  A general identification of regionally significant
576	natural resources within the planning area and policies setting
577	forth the procedures for protection or conservation of specific
578	resources consistent with the overall conservation and
579	development strategy for the planning area consistent with
580	chapter 9J-2, Florida Administrative Code.
581	6.4.  General principles and guidelines addressing that
582	address the urban form and the interrelationships of anticipated
583	future land uses; providing for the protection and, as
584	appropriate, restoration and management of lands identified for
585	permanent preservation; and a discussion, at the applicant's
586	option, of the extent, if any, to which the plan will address
587	restoring key ecosystems, achieving a cleaner more clean, more
588	healthy environment;, limiting urban sprawl; providing a range
589	of housing types;, protecting wildlife and natural areas;,
590	advancing the efficient use of land and other resources;, and
591	creating quality communities of a design that promotes travel by
592	multiple transportation modes; and enhancing the prospects for
593	the creation of jobs.
594	7.5.  Identification of general procedures and policies to
595	facilitate ensure intergovernmental coordination to address
596	extrajurisdictional impacts from the future land uses long-range
597	conceptual framework map.
598
599	A long-term master plan adopted pursuant to this section shall
600	be based on a planning period longer than the generally
601	applicable planning period of the local comprehensive plan,
602	shall specify the projected population within the planning area
603	during the chosen planning period, and may include a phasing or
604	staging schedule that allocates a portion of the local
605	government's future growth to the planning area through the
606	planning period. A long-term master plan adopted pursuant to
607	this section does not have to be based on projected population
608	growth or any other need.
609	(b)  In addition to the other requirements of this chapter,
610	including those in paragraph (a), the detailed specific area
611	plans must be consistent with the long-term master plan and must
612	include conditions and commitments that provide for:
613	1.  Development or conservation of an area of adequate size
614	to accommodate a level of development which achieves a
615	functional relationship between a full range of land uses within
616	the area and to encompass at least 1,000 acres consistent with
617	the long-term master plan. The local government state land
618	planning agency may approve detailed specific area plans of less
619	than 1,000 acres based on local circumstances if it is
620	determined that the detailed specific area plan furthers the
621	purposes of this part and part I of chapter 380.
622	2.  Detailed identification and analysis of the maximum and
623	minimum densities and intensities of use and the distribution,
624	extent, and location of future land uses.
625	3.  Detailed identification of water resource development
626	and water supply development projects and related infrastructure
627	and water conservation measures to address water needs of
628	development in the detailed specific area plan.
629	4.  Detailed identification of the transportation
630	facilities to serve the future land uses in the detailed
631	specific area plan.
632	5.3.  Detailed identification of other regionally
633	significant public facilities, including public facilities
634	outside the jurisdiction of the host local government,
635	anticipated impacts of future land uses on those facilities, and
636	required improvements consistent with the long-term master plan
637	chapter 9J-2, Florida Administrative Code.
638	6.4.  Public facilities necessary to serve development in
639	the detailed specific area plan for the short term, including
640	developer contributions in a financially feasible 5-year capital
641	improvement schedule of the affected local government.
642	7.5.  Detailed analysis and identification of specific
643	measures to ensure assure the protection or conservation of
644	lands identified in the long-term master plan to be permanently
645	preserved and, as appropriate, restored or managed of regionally
646	significant natural resources and other important resources both
647	within and outside the host jurisdiction, including those
648	regionally significant resources identified in chapter 9J-2,
649	Florida Administrative Code.
650	8.6.  Detailed principles and guidelines addressing that
651	address the urban form and the interrelationships of anticipated
652	future land uses; and a discussion, at the applicant's option,
653	of the extent, if any, to which the plan will address restoring
654	key ecosystems, achieving a cleaner more clean, more healthy
655	environment;, limiting urban sprawl; providing a range of
656	housing types;, protecting wildlife and natural areas;,
657	advancing the efficient use of land and other resources;, and
658	creating quality communities of a design that promotes travel by
659	multiple transportation modes; and enhancing the prospects for
660	the creation of jobs.
661	9.7.  Identification of specific procedures to facilitate
662	ensure intergovernmental coordination to address
663	extrajurisdictional impacts from of the detailed specific area
664	plan.
665
666	A detailed specific area plan adopted by local development order
667	pursuant to this section may be based on a planning period
668	longer than the generally applicable planning period of the
669	local comprehensive plan and shall specify the projected
670	population within the specific planning area during the chosen
671	planning period. A detailed specific area plan adopted pursuant
672	to this section does not have to be based on projected
673	population growth or any other need.
674	(c)  In its review of a long-term master plan, the state
675	land planning agency shall consult with the Department of
676	Agriculture and Consumer Services, the Department of
677	Environmental Protection, the Florida Fish and Wildlife
678	Conservation Commission, and the applicable water management
679	district regarding the design of areas for protection and
680	conservation of regionally significant natural resources and for
681	the protection and, as appropriate, restoration and management
682	of lands identified for permanent preservation.
683	(d)  The state land planning agency may initiate a civil
684	action pursuant to s. 163.3215 with respect to a detailed
685	specific area plan which is not consistent with a long-term
686	master plan adopted pursuant to this section. For purposes of
687	such a proceeding, the state land planning agency shall be
688	deemed an aggrieved and adversely affected party. Regardless of
689	whether the local government has adopted an ordinance that
690	establishes a local process which meets the requirements of s.
691	163.3215(4), judicial review of a detailed specific area plan
692	initiated by the state land planning agency shall be de novo
693	pursuant to s. 163.3215(3) and not by petition for writ of
694	certiorari pursuant to s. 163.3215(4). Any other aggrieved or
695	adversely affected party shall be subject to s. 163.3215 in all
696	respects when initiating a consistency challenge to a detailed
697	specific area plan.
698	(e)(c)  This subsection does may not be construed to
699	prevent preparation and approval of the optional sector plan and
700	detailed specific area plan concurrently or in the same
701	submission.
702	(4)  Upon the long-term master plan becoming legally
703	effective:
704	(a)  Any long-range transportation plan developed by a
705	metropolitan planning organization pursuant to s. 339.175(7)
706	must be consistent, to the maximum extent feasible, with the
707	long-term master plan, including, but not limited to, the
708	projected population, the approved uses and densities and
709	intensities of use and their distribution within the planning
710	area, and the transportation facilities identified in adopted
711	plans pursuant to subparagraphs (3)(a)3. and (3)(b)4.
712	(b)  The water supply needs, water sources, and water
713	resource development and water supply development projects
714	identified in adopted plans pursuant to subparagraphs (3)(a)2.
715	and (3)(b)3. shall be incorporated into the applicable district
716	and regional water supply plans adopted in accordance with ss.
717	373.036 and 373.709. Accordingly, and notwithstanding the permit
718	durations stated in s. 373.236, an applicant may request and the
719	applicable district may issue consumptive use permits for
720	durations commensurate with the long-term master plan. The
721	permitting criteria in s. 373.223 shall be applied based on the
722	projected population and the approved densities and intensities
723	of use and their distribution in the long-term master plan.
724	(c)  A development subject to s. 380.06 may be granted
725	development approval pursuant to s. 380.06 without submission
726	and approval of a detailed specific area plan pursuant to this
727	section and thereafter shall be subject to all requirements of
728	s. 380.06 in lieu of the requirements of this section. The host
729	local government shall submit a monitoring report to the state
730	land planning agency and applicable regional planning council on
731	an annual basis after adoption of a detailed specific area plan.
732	The annual monitoring report must provide summarized information
733	on development orders issued, development that has occurred,
734	public facility improvements made, and public facility
735	improvements anticipated over the upcoming 5 years.
736	(5)  When a plan amendment adopting a detailed specific
737	area plan has become effective for a portion of the planning
738	area governed by a long-term master plan adopted pursuant to
739	this section under ss. 163.3184 and 163.3189(2), the provisions
740	of s. 380.06 do not apply to development within the geographic
741	area of the detailed specific area plan. However, any
742	development-of-regional-impact development order that is vested
743	from the detailed specific area plan may be enforced pursuant to
744	under s. 380.11.
745	(a)  The local government adopting the detailed specific
746	area plan is primarily responsible for monitoring and enforcing
747	the detailed specific area plan. Local governments may shall not
748	issue any permits or approvals or provide any extensions of
749	services to development that are not consistent with the
750	detailed specific sector area plan.
751	(b)  If the state land planning agency has reason to
752	believe that a violation of any detailed specific area plan, or
753	of any agreement entered into under this section, has occurred
754	or is about to occur, it may institute an administrative or
755	judicial proceeding to prevent, abate, or control the conditions
756	or activity creating the violation, using the procedures in s.
757	380.11.
758	(c)  In instituting an administrative or judicial
759	proceeding involving a an optional sector plan or detailed
760	specific area plan, including a proceeding pursuant to paragraph
761	(b), the complaining party must shall comply with the
762	requirements of s. 163.3215(4), (5), (6), and (7), except as
763	provided by paragraph (3)(d).
764	(d)  The detailed specific area plan shall establish a
765	buildout date prior to which the approved development is not
766	subject to downzoning, unit density reduction, or intensity
767	reduction unless the local government demonstrates that
768	implementation of the plan is not continuing in good faith based
769	on standards established by plan policy, that substantial
770	changes in the conditions underlying the approval of the
771	detailed specific area plan have occurred, that the detailed
772	specific area plan was based on substantially inaccurate
773	information provided by the applicant, or that the change is
774	clearly essential to the public health, safety, or welfare.
775	(6)  Concurrent with or subsequent to review and adoption
776	of a long-term master plan pursuant to paragraph (3)(a), an
777	applicant may apply for master development approval pursuant to
778	s. 380.06(21) for the entire planning area in order to establish
779	a buildout date prior to which the approved uses and densities
780	and intensities of use of the master plan are not subject to
781	downzoning, unit density reduction, or intensity reduction
782	unless the local government demonstrates that implementation of
783	the master plan is not continuing in good faith based on
784	standards established by plan policy, that substantial changes
785	in the conditions underlying the approval of the master plan
786	have occurred, that the master plan was based on substantially
787	inaccurate information provided by the applicant, or that change
788	is clearly essential to the public health, safety, or welfare.
789	Review of the application for master development approval shall
790	be at a level of detail appropriate for the long-term and
791	conceptual nature of the long-term master plan and, to the
792	maximum extent possible, may only consider information provided
793	in the application for a long-term master plan. Notwithstanding
794	any provision of s. 380.06 to the contrary, an increment of
795	development in such an approved master development plan must be
796	approved by a detailed specific area plan pursuant to paragraph
797	(3)(b) and is exempt from review pursuant to s. 380.06.
798	Beginning December 1, 1999, and each year thereafter, the
799	department shall provide a status report to the Legislative
800	Committee on Intergovernmental Relations regarding each optional
801	sector plan authorized under this section.
802	(7)  A developer within an area subject to a long-term
803	master plan that meets the requirements of paragraph (3)(a) and
804	subsection (6) or a detailed specific area plan that meets the
805	requirements of paragraph (3)(b) may enter into a development
806	agreement with a local government pursuant to ss. 163.3220-
807	163.3243. The duration of such a development agreement may be
808	through the planning period of the long-term master plan or the
809	detailed specific area plan, as the case may be, notwithstanding
810	the limit on the duration of a development agreement pursuant to
811	s. 163.3229.
812	(8)  Any owner of property within the planning area of a
813	proposed long-term master plan may withdraw the owner's consent
814	to the master plan at any time prior its adoption by the local
815	government, and the local government shall exclude such parcels
816	from the adopted master plan. Thereafter, the long-term master
817	plan, any detailed specific area plan, and the exemption from
818	development-of-regional-impact review under this section does
819	not apply to the subject parcels. After adoption of a long-term
820	master plan, an owner may withdraw the owner's property from the
821	plan only with the approval of the local government by means of
822	a plan amendment.
823	(9)  The adoption of a long-term master plan or a detailed
824	specific area plan pursuant to this section does not limit the
825	right to continue existing agricultural or silvicultural uses or
826	other natural resource-based operations or to establish similar
827	new uses that are consistent with the plans approved pursuant to
828	this section.
829	(10)  Notwithstanding s. 380.06, part II of chapter 163, or
830	any planning agreement or plan policy, a landowner or developer
831	who has received approval of a master development of regional
832	impact development order pursuant to s. 380.06(21) may apply to
833	implement this order by filing one or more applications to
834	approve a detailed specific area plan pursuant to paragraph
835	(3)(b).
836	(11)  Notwithstanding any other provision of law, a
837	detailed specific area plan to implement a conceptual long-term
838	buildout overlay of less than 15,000 acres, which was adopted by
839	a local government and found in compliance before July 1, 2011,
840	is subject to this section.
841	(12)(7)  This section may not be construed to abrogate the
842	rights of any person under this chapter.
843	Section 7.  Paragraph (b) of subsection (9) of section
844	163.3246, Florida Statutes, is amended to read:
845	163.3246  Local government comprehensive planning
846	certification program.-
847	(9)
848	(b)  Plan amendments that change the boundaries of the
849	certification area; propose a rural land stewardship area
850	pursuant to s. 163.3177(11)(d); propose a an optional sector
851	plan pursuant to s. 163.3245; propose a school facilities
852	element; update a comprehensive plan based on an evaluation and
853	appraisal report; impact lands outside the certification
854	boundary; implement new statutory requirements that require
855	specific comprehensive plan amendments; or increase hurricane
856	evacuation times or the need for shelter capacity on lands
857	within the coastal high-hazard area shall be reviewed pursuant
858	to ss. 163.3184 and 163.3187.
859	Section 8.  Section 163.32465, Florida Statutes, is amended
860	to read:
861	163.32465  State review of local comprehensive plans in
862	urban areas.-
863	(1)  LEGISLATIVE FINDINGS.-
864	(a)  The Legislature finds that comprehensive planning
865	programs have matured throughout the state and therefore local
866	governments in this state have a wide diversity of resources,
867	conditions, abilities, and needs. The Legislature also finds
868	that the needs and resources of urban areas are different from
869	those of rural areas and that different planning and growth
870	management approaches, strategies, and techniques are required
871	in urban areas. The state role in overseeing growth management
872	should reflect this diversity and should vary based on local
873	government conditions, capabilities, needs, and extent of
874	development. Thus, the Legislature recognizes and finds that
875	reduced state oversight of local comprehensive planning is
876	justified for some local governments in urban areas.
877	(b)  The Legislature finds and declares that this state's
878	local governments urban areas require a reduced level of state
879	oversight because of their high degree of urbanization and the
880	planning capabilities and resources of many of their local
881	governments. An alternative state review process that is
882	adequate to protect issues of regional or statewide importance
883	should be created for appropriate local governments in these
884	areas. Further, the Legislature finds that development,
885	including urban infill and redevelopment, should be encouraged
886	in these urban areas. Accordingly, the Legislature finds that an
887	alternative process provided by this section for amending local
888	comprehensive plans is in these areas should be established with
889	the an objective of streamlining the process and recognizing
890	local responsibility and accountability.
891	(c)  The Legislature finds a pilot program will be
892	beneficial in evaluating an alternative, expedited plan
893	amendment adoption and review process. Pilot local governments
894	shall represent highly developed counties and the municipalities
895	within these counties and highly populated municipalities.
896	(2)  APPLICABILITY ALTERNATIVE STATE REVIEW PROCESS PILOT
897	PROGRAM.-The process for amending a comprehensive plan described
898	in this section shall be applicable statewide. On a case-by-case
899	basis, a local government, by majority vote, may elect to follow
900	the procedures set forth in s. 163.3184 for processing a
901	comprehensive plan amendment in lieu of using the procedures set
902	forth in this section. Pinellas and Broward Counties, and the
903	municipalities within these counties, and Jacksonville, Miami,
904	Tampa, and Hialeah shall follow an alternative state review
905	process provided in this section. Municipalities within the
906	pilot counties may elect, by super majority vote of the
907	governing body, not to participate in the pilot program. In
908	addition to the pilot program jurisdictions, any local
909	government may use the alternative state review process to
910	designate an urban service area as defined in s. 163.3164(29) in
911	its comprehensive plan.
912	(3)  PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
913	UNDER THE PILOT PROGRAM.-
914	(a)  Plan amendments adopted by local governments are
915	subject to the pilot program jurisdictions shall follow the
916	alternate, expedited process in subsections (4) and (5), except
917	as follows: as set forth in paragraphs (b)-(e) of this
918	subsection.
919	(a)(b)  Amendments that qualify as small-scale development
920	amendments may continue to be adopted by the pilot program
921	jurisdictions pursuant to s. 163.3187(1)(c) and (3).
922	(b)(c)  Plan amendments that propose a rural land
923	stewardship area pursuant to s. 163.3177(11)(d); propose a an
924	optional sector plan; update a comprehensive plan based on an
925	evaluation and appraisal report; or implement new statutory
926	requirements; plan amendment packages for which local
927	governments request a more thorough review pursuant to
928	subsection (2); or new plans for newly incorporated
929	municipalities are subject to state review as set forth in s.
930	163.3184.
931	(c)(d)  Local governments Pilot program jurisdictions shall
932	be subject to the frequency and timing requirements for plan
933	amendments set forth in ss. 163.3187 and 163.3191, except where
934	otherwise stated in this section.
935	(d)(e)  The mediation and expedited hearing provisions in
936	s. 163.3189(3) apply to all plan amendments adopted pursuant to
937	this section by the pilot program jurisdictions.
938	(4)  INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
939	PILOT PROGRAM.-
940	(a)  The local government shall hold its first public
941	hearing on a comprehensive plan amendment on a weekday at least
942	7 days after the day the first advertisement is published
943	pursuant to the requirements of chapter 125 or chapter 166. Upon
944	an affirmative vote of not less than a majority of the members
945	of the governing body present at the hearing, the local
946	government shall immediately transmit the amendment or
947	amendments and appropriate supporting data and analyses to the
948	state land planning agency; the appropriate regional planning
949	council and water management district; the Department of
950	Environmental Protection; the Department of State; the
951	Department of Transportation; in the case of municipal plans, to
952	the appropriate county; the Fish and Wildlife Conservation
953	Commission; the Department of Agriculture and Consumer Services;
954	and in the case of amendments that include or impact the public
955	school facilities element, the Department Office of Educational
956	Facilities of the Commissioner of Education. The local governing
957	body shall also transmit a copy of the amendments and supporting
958	data and analyses to any other local government or governmental
959	agency that has filed a written request with the governing body.
960	(b)  The agencies and local governments specified in
961	paragraph (a) may provide comments regarding the amendment or
962	amendments to the local government. The regional planning
963	council review and comment shall be limited to effects on
964	regional resources or facilities identified in the strategic
965	regional policy plan and extrajurisdictional impacts that would
966	be inconsistent with the comprehensive plan of the affected
967	local government. A regional planning council may shall not
968	review and comment on a proposed comprehensive plan amendment
969	prepared by such council unless the plan amendment has been
970	changed by the local government subsequent to the preparation of
971	the plan amendment by the regional planning council. County
972	comments on municipal comprehensive plan amendments shall be
973	primarily in the context of the relationship and effect of the
974	proposed plan amendments on the county plan. Municipal comments
975	on county plan amendments shall be primarily in the context of
976	the relationship and effect of the amendments on the municipal
977	plan. State agency comments may include technical guidance on
978	issues of agency jurisdiction identified in this paragraph as it
979	relates to the requirements of this part. Such comments shall
980	clearly identify issues that, if not resolved, may result in an
981	agency challenge to the plan amendment. State agencies shall For
982	the purposes of this pilot program, agencies are encouraged to
983	focus potential challenges on issues of regional or statewide
984	importance. Agencies and local governments must transmit their
985	comments to the affected local government such that they are
986	received by the local government not later than 30 thirty days
987	after from the date on which the agency or government received
988	the amendment or amendments. With respect to comments to the
989	state land planning agency regarding plan amendments:
990	1.  The appropriate water management district shall limit
991	its comments to the subjects of wetlands, well fields, and
992	consumptive use of water.
993	2.  The Department of Environmental Protection shall limit
994	its comments to the subjects of air and water pollution, solid
995	waste, sewage, drinking water, state parks, greenways and
996	trails, state-owned lands, and wetlands.
997	3.  The Department of State shall limit its comments to the
998	subjects of historic and archeological resources.
999	4.  The Department of Transportation shall limit its
1000	comments to the subjects of roads and transportation facilities.
1001	5.  The Fish and Wildlife Conservation Commission shall
1002	limit its comments to the subjects of fish and wildlife issues,
1003	including issues relating to fish and wildlife habitat and
1004	endangered species and their habitat.
1005	6.  The Department of Agriculture and Consumer Services
1006	shall limit its comments to the subjects of agriculture,
1007	forestry, and aquaculture issues.
1008	7.  The Department of Education shall limit its comments to
1009	the subject of public school facilities.
1010	(5)  ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
1011	AREAS.-
1012	(a)  The local government shall hold its second public
1013	hearing, which shall be a hearing on whether to adopt one or
1014	more comprehensive plan amendments, on a weekday at least 5 days
1015	after the day the second advertisement is published pursuant to
1016	the requirements of chapter 125 or chapter 166. Adoption of
1017	comprehensive plan amendments must be by ordinance and requires
1018	an affirmative vote of a majority of the members of the
1019	governing body present at the second hearing.
1020	(b)  All comprehensive plan amendments adopted by the
1021	governing body along with the supporting data and analysis shall
1022	be transmitted within 10 days after of the second public hearing
1023	to the state land planning agency and any other agency or local
1024	government that provided timely comments under paragraph (4)(b).
1025	(6)  ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
1026	PROGRAM.-
1027	(a)  Any "affected person" as defined in s. 163.3184(1)(a)
1028	may file a petition with the Division of Administrative Hearings
1029	pursuant to ss. 120.569 and 120.57, with a copy served on the
1030	affected local government, to request a formal hearing to
1031	challenge whether the amendments are "in compliance" as defined
1032	in s. 163.3184(1)(b). This petition must be filed with the
1033	division Division within 30 days after the local government
1034	adopts the amendment. The state land planning agency may
1035	intervene in a proceeding instituted by an affected person.
1036	(b)  The state land planning agency may file a petition
1037	with the Division of Administrative Hearings pursuant to ss.
1038	120.569 and 120.57, with a copy served on the affected local
1039	government, to request a formal hearing. This petition must be
1040	filed with the division Division within 30 days after the state
1041	land planning agency notifies the local government that the plan
1042	amendment package is complete. For purposes of this section, an
1043	adopted amendment package shall be deemed complete if it
1044	contains a full, executed copy of the adoption ordinance or
1045	ordinances; in the case of a text amendment, a full copy of the
1046	amended language in legislative format with new words inserted
1047	in the text underlined, and words to be deleted lined through
1048	with hyphens; in the case of a future land use map amendment, a
1049	copy of the future land use map clearly depicting the parcel,
1050	its existing future land use designation, and its adopted
1051	designation; and a copy of any data and analyses the local
1052	government deems appropriate. The state land planning agency
1053	shall notify the local government of any deficiencies within 5
1054	working days after of receipt of an amendment package.
1055	(c)  The state land planning agency's challenge shall be
1056	limited to those issues raised in the comments provided by the
1057	reviewing agencies pursuant to paragraph (4)(b). The state land
1058	planning agency may challenge a plan amendment that has
1059	substantially changed from the version on which the agencies
1060	provided comments. For the purposes of this pilot program, the
1061	Legislature strongly encourages The state land planning agency
1062	shall to focus any challenge on issues of regional or statewide
1063	importance.
1064	(d)  An administrative law judge shall hold a hearing in
1065	the affected local jurisdiction. The local government's
1066	determination that the amendment is "in compliance" is presumed
1067	to be correct and shall be sustained unless it is shown by a
1068	preponderance of the evidence that the amendment is not "in
1069	compliance."
1070	(e)  If the administrative law judge recommends that the
1071	amendment be found not in compliance, the judge shall submit the
1072	recommended order to the Administration Commission for final
1073	agency action. The Administration Commission shall enter a final
1074	order within 45 days after its receipt of the recommended order.
1075	(f)  If the administrative law judge recommends that the
1076	amendment be found in compliance, the judge shall submit the
1077	recommended order to the state land planning agency.
1078	1.  If the state land planning agency determines that the
1079	plan amendment should be found not in compliance, the agency
1080	shall refer, within 30 days after of receipt of the recommended
1081	order, the recommended order and its determination to the
1082	Administration Commission for final agency action. If the
1083	commission determines that the amendment is not in compliance,
1084	it may sanction the local government as set forth in s.
1085	163.3184(11).
1086	2.  If the state land planning agency determines that the
1087	plan amendment should be found in compliance, the agency shall
1088	enter its final order not later than 30 days after from receipt
1089	of the recommended order.
1090	(g)  An amendment adopted under the expedited provisions of
1091	this section shall not become effective until 31 days after
1092	adoption. If timely challenged, an amendment shall not become
1093	effective until the state land planning agency or the
1094	Administration Commission enters a final order determining the
1095	adopted amendment to be in compliance.
1096	(h)  Parties to a proceeding under this section may enter
1097	into compliance agreements using the process in s. 163.3184(16).
1098	Any remedial amendment adopted pursuant to a settlement
1099	agreement shall be provided to the agencies and governments
1100	listed in paragraph (4)(a).
1101	(7)  APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
1102	GOVERNMENTS.-Local governments and specific areas that have been
1103	designated for alternate review process pursuant to ss. 163.3246
1104	and 163.3184(17) and (18) are not subject to this section.
1105	(8)  RULEMAKING AUTHORITY FOR PILOT PROGRAM.-Agencies shall
1106	not promulgate rules to implement this pilot program.
1107	(9)  REPORT.-The Office of Program Policy Analysis and
1108	Government Accountability shall submit to the Governor, the
1109	President of the Senate, and the Speaker of the House of
1110	Representatives by December 1, 2008, a report and
1111	recommendations for implementing a statewide program that
1112	addresses the legislative findings in subsection (1) in areas
1113	that meet urban criteria. The Office of Program Policy Analysis
1114	and Government Accountability in consultation with the state
1115	land planning agency shall develop the report and
1116	recommendations with input from other state and regional
1117	agencies, local governments, and interest groups. Additionally,
1118	the office shall review local and state actions and
1119	correspondence relating to the pilot program to identify issues
1120	of process and substance in recommending changes to the pilot
1121	program. At a minimum, the report and recommendations shall
1122	include the following:
1123	(a)  Identification of local governments beyond those
1124	participating in the pilot program that should be subject to the
1125	alternative expedited state review process. The report may
1126	recommend that pilot program local governments may no longer be
1127	appropriate for such alternative review process.
1128	(b)  Changes to the alternative expedited state review
1129	process for local comprehensive plan amendments identified in
1130	the pilot program.
1131	(c)  Criteria for determining issues of regional or
1132	statewide importance that are to be protected in the alternative
1133	state review process.
1134	(d)  In preparing the report and recommendations, the
1135	Office of Program Policy Analysis and Government Accountability
1136	shall consult with the state land planning agency, the
1137	Department of Transportation, the Department of Environmental
1138	Protection, and the regional planning agencies in identifying
1139	highly developed local governments to participate in the
1140	alternative expedited state review process. The Office of
1141	Program Policy Analysis and Governmental Accountability shall
1142	also solicit citizen input in the potentially affected areas and
1143	consult with the affected local governments and stakeholder
1144	groups.
1145	Section 9.  Subsection (3) of section 380.115, Florida
1146	Statutes, is amended to read:
1147	380.115  Vested rights and duties; effect of size
1148	reduction, changes in guidelines and standards.-
1149	(3)  A landowner that has filed an application for a
1150	development-of-regional-impact review prior to the adoption of a
1151	an optional sector plan pursuant to s. 163.3245 may elect to
1152	have the application reviewed pursuant to s. 380.06,
1153	comprehensive plan provisions in force prior to adoption of the
1154	sector plan, and any requested comprehensive plan amendments
1155	that accompany the application.
1156	Section 10.  This act shall take effect upon becoming a
1157	law.
1158
1159
1160	-----------------------------------------------------
1161	T I T L E  A M E N D M E N T
1162	Remove the entire title and insert:
1163	A bill to be entitled
1164	An act relating to growth management; amending s.
1165	163.3191, F.S.; revising provisions relating to the
1166	evaluation and appraisal of comprehensive plans; providing
1167	requirements for exemption from such reporting
1168	requirements; revising requirements relating to reporting
1169	and scoping meetings; revising powers and duties of local
1170	planning agencies and governing bodies relating to the
1171	updating of local comprehensive plans pursuant to the
1172	evaluation and appraisal process; amending s. 163.3245,
1173	F.S.; revising provisions relating to optional sector
1174	plans; renaming optional sector plans as sector plans;
1175	increasing the minimum size of geographic areas that
1176	qualify for the use of sector plans; revising other
1177	terminology and deleting obsolete provisions; renaming
1178	long-term conceptual buildout overlays as long-term master
1179	plans; revising the content required to be included in
1180	long-term master plans and detailed specified area plans;
1181	requiring identification of water development projects and
1182	transportation facilities to serve future development
1183	needs; exempting certain developments from the requirement
1184	to develop a detailed specific area plan; providing that
1185	detailed specific area plans shall be adopted by local
1186	development orders; requiring that detailed specific area
1187	plans include a buildout date and precluding certain
1188	changes in the development until after that date;
1189	authorizing certain development agreements between the
1190	developer and the local government; providing for
1191	continuation of certain existing land uses; amending s.
1192	163.32465, F.S.; revising provisions relating to state
1193	review of local comprehensive plans; revising intent;
1194	providing applicability; removing the pilot status of the
1195	alternative state review process and authorizing that
1196	process statewide; limiting agency comments regarding plan
1197	amendments to subjects within their scope of
1198	responsibility and oversight; amending ss. 163.3164,
1199	163.3177, 163.3180, 163.3184, 163.3246, 380.115, F.S.;
1200	revising provisions to conform to changes made by this
1201	act; providing an effective date.

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